USA v. State of Florida

23-12331 | U.S. Court of Appeals, Eleventh Circuit

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Filed July 17, 2023
Judges JORDAN, BRASHER, and ABUDU
Nature of Suit 3446 Civil Rights - Americans with Disabilities Act - Other
Original Case 0:12-cv-60460
Last Updated: 1 week, 4 days ago Show Interactive Timeline
Filing Date # Docket Text
2/24/2025
  • Motion to Withdraw as CounselGranted
ORDER: The motion to withdraw Bonnie I. Robin-Vergeer as counsel for the Appellee is GRANTED. [64] ENTERED FOR THE COURT - BY DIRECTION. [Entered: 02/24/2025 02:26 PM]
2/18/2025
  • Motion to Withdraw as Counsel
MOTION to withdraw as counsel filed by Attorney Sydney Foster for Appellee USA. Opposition to Motion is Unknown [64] [23-12331] (ECF: Sydney Foster) [Entered: 02/18/2025 05:06 PM]
10/21/2024USDC orders on limited remand filed on 10/17/2024. Docket Entries: 1232 & 1233. [Entered: 10/21/2024 01:33 PM]
10/21/2024JOINT NOTICE OF DISTRICT COURT'S ORDER MODIFYING INJUNCTION filed by Attorney Andre V. Bardos for Appellant State of Florida. [23-12331] (ECF: Andre Bardos) [Entered: 10/21/2024 12:08 PM]
10/11/2024
  • Motion to RemandGranted
ORDER: The “Joint Motion for Limited Remand Under Federal Rule of Appellate Procedure 12.1(b)” is GRANTED. The parties shall file the district court’s order when it is entered. [60] AJ, ALB and NGA [Entered: 10/11/2024 02:44 PM]
9/20/2024
  • Motion to Remand
MOTION to remand this appeal on a limited basis. filed by USA. Joint Stipulation of Parties. [60] [23-12331] (ECF: Sydney Foster) [Entered: 09/20/2024 04:15 PM]
2/7/2024USDC Clerk is requested to forward the Electronic Record on Appeal to our court. We've made several unsuccessful attempts to electronically compile the Record on Appeal. The following error message appears "Unable to create PDF file." Please compile the record and forward in pdf format to the following secure email address: EROA@ca11.uscourts.gov. If the record is forwarded via OneDrive, please email it to Brian Edenfield. [Entered: 02/07/2024 03:17 PM]
2/6/2024
  • Order
ORDER: Florida has filed a motion for a stay, pending appeal, of the district court’s permanent injunction. Granting “an emergency motion to stay the trial court’s mandate is [ ] an exceptional response.” Garcia-Mir v. Meese, 781 F.2d 1450, 1453 (11th Cir. 1986). Four factors warrant such a remedy: “(1) whether the stay applicant has made a strong showing that he is likely to succeed on the merits; (2) whether the applicant will be irreparably injured absent a stay; (3) whether issuance of the stay will substantially injure the other parties interested in the proceeding; and (4) where the public interest lies.” League of Women Voters of Fla., Inc. v. Fla. Sec’y of State, 32 F.4th 1363, 1370 (11th Cir. 2022). See also Ruiz v. Estelle, 650 F.2d 555, 565 (5th Cir. Unit A June 26, 1981) (same). And “[w]hen the state is a party, the third and fourth considerations are largely the same.” Scott v. Roberts, 612 F.3d 1279, 1290 (11th Cir. 2010). Following a preliminary review of the record, and with the benefit of oral argument, we grant in part the motion for stay pending appeal. Parts III.D, III.E, V.A.2, VI.C, VI.D, VI.E, and VI.F of the district court’s permanent injunction are stayed pending the panel’s decision on Florida’s appeal. In all other respects the motion for stay is denied. BRASHER, concurring in part and dissenting in part: I would stay all parts of the district court’s injunction. Therefore, I concur in part and dissent in part from the Court’s order. [16] AJ, ALB and NGA; Brasher, concurring in part and dissenting in part. [Entered: 02/06/2024 11:16 AM]
1/24/202458Oral argument held this date. Oral Argument presented by Andre V. Bardos for Appellant State of Florida and Sydney Foster for Appellee USA. [Entered: 01/24/2024 03:49 PM]
1/4/2024
  • Motion to Stay
ORDER: Motion for stay of injunction filed by Appellant State of Florida is CARRIED with the Case. [16] ENTERED FOR THE COURT - BY DIRECTION. (See attached order for complete text) [Entered: 01/04/2024 11:42 AM]
12/14/202356Received paper copies of EAppendix filed by Appellant State of Florida. 3 VOLUMES - 5 COPIES [Entered: 12/14/2023 12:10 PM]
12/12/2023SUPPLEMENTAL Appendix filed [3 VOLUMES] by Appellant State of Florida. [23-12331] (ECF: Andre Bardos) [Entered: 12/12/2023 11:11 AM]
12/8/202354Attorney James Timothy Moore, Jr. for Appellant State of Florida hereby acknowledges receipt of a copy of the printed calendar for 01/22/2024. Andre V. Bardos will present argument. [23-12331] (ECF: James Moore) [Entered: 12/08/2023 02:05 PM]
12/8/202353Attorney Ashley Hoffman Lukis for Appellant State of Florida hereby acknowledges receipt of a copy of the printed calendar for 01/22/2024. Andre V. Bardos will present argument. [23-12331] (ECF: Ashley Lukis) [Entered: 12/08/2023 02:03 PM]
12/8/202352Attorney Andre V. Bardos for Appellant State of Florida hereby acknowledges receipt of a copy of the printed calendar for 01/22/2024. Andre V. Bardos will present argument. [23-12331] (ECF: Andre Bardos) [Entered: 12/08/2023 01:58 PM]
12/7/202351Received 5 paper copies of EBrief, filed by Appellant State of Florida. [Entered: 12/07/2023 10:58 AM]
12/6/2023
  • Reply
Reply Brief filed by Appellant State of Florida. [23-12331] (ECF: Andre Bardos) [Entered: 12/06/2023 03:47 PM]
11/28/202349Oral argument scheduled. Argument Date: Wednesday, 01/24/2024 Argument Location: Miami, FL. [Entered: 11/28/2023 12:44 PM]
11/28/202348Attorney Sydney Foster for Appellee USA hereby acknowledges receipt of a copy of the printed calendar for 01/24/2024. Sydney A.R. Foster; 202 305 5941 will present argument. [23-12331] (ECF: Sydney Foster) [Entered: 11/28/2023 10:09 AM]
11/28/2023Calendar issued as to cases to be orally argued the week of 01/22/2024 in Miami, Florida. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF (a document upload is not required). [Entered: 11/28/2023 09:44 AM]
11/17/202346Received 7 paper copies of AMICUS EBrief, filed by Aaron M. Panner for The Judge David L. Bazelon Center for Mental Health Law. [Entered: 11/17/2023 02:55 PM]
11/16/202345SEALED Supplemental Appendix (VOLUME 4) filed by Attorney Sydney Foster for Appellee USA. [Entered: 11/16/2023 03:59 PM]
11/16/202344Received paper copies of EAppendix filed by Appellee USA. 4 VOLUMES (VOLUME 4 IS SEALED) - 5 COPIES [Entered: 11/16/2023 03:58 PM]
11/15/2023Amicus Brief as of right or by consent of the parties filed by Aaron M. Panner for Judge David L. Bazelon Center for Mental Health Law, et al.. [23-12331] (ECF: Aaron Panner) [Entered: 11/15/2023 07:40 PM]
11/15/2023APPEARANCE of Counsel Form filed by Ira Burnim for American Academy of Pediatrics, Dr. Rishi K. Agrawal, American Association of People with Disabilities, Exceptional Families of the Military, Little Lobbyists, Robert Wood Johnson Foundation, Mental Health America, and Other Amici Curiae Related cases? No. [23-12331] (ECF: Ira Burnim) [Entered: 11/15/2023 05:17 PM]
11/15/2023APPEARANCE of Counsel Form filed by Megan E. Schuller for Amici Agrawal, Rishi K.; American Academy of Pediatrics; American Association of People with Disabilities; Center for Public Representation; Child Neurology Foundation; Mental Health America; National Health Law Program; et al Related cases? No. [23-12331] (ECF: Megan Schuller) [Entered: 11/15/2023 04:43 PM]
11/15/2023APPEARANCE of Counsel Form filed by Rachel T. Anderson for Judge David L. Bazelon Center for Mental Health Law, et al. Related cases? No. [23-12331] (ECF: Rachel Anderson) [Entered: 11/15/2023 04:24 PM]
11/15/2023APPEARANCE of Counsel Form filed by Steven Schwartz for USA U.S. Attorney Service - Southern District of Florida for USA. Related cases? Yes. [23-12331] (ECF: Steven Schwartz) [Entered: 11/15/2023 04:19 PM]
11/15/2023APPEARANCE of Counsel Form filed by Martha Jane Perkins for Amici Agrawal, Rishi K., MD; American Academy of Pediatrics; American Association of People with Disabilities; Center for Public Representation; Child Neurology Foundation; Mental Health America; National Health Law Program et al. Related cases? No. [23-12331] (ECF: Martha Perkins) [Entered: 11/15/2023 04:05 PM]
11/15/2023APPEARANCE of Counsel Form filed by Tiberius T. Davis for Judge David L. Bazelon Center for Mental Health Law, et al. Related cases? No. [23-12331] (ECF: Tiberius Davis) [Entered: 11/15/2023 04:03 PM]
11/15/2023APPEARANCE of Counsel Form filed by Nataliia Gillespie for Judge David L. Bazelon Center for Mental Health Law, et al. Related cases? No. [23-12331] (ECF: Nataliia Gillespie) [Entered: 11/15/2023 03:54 PM]
11/15/2023APPEARANCE of Counsel Form filed by Aaron M. Panner for Judge David L. Bazelon Center for Mental Health Law, et al. Related cases? No. [23-12331] (ECF: Aaron Panner) [Entered: 11/15/2023 03:35 PM]
11/15/2023Supplemental Appendix [3 VOLUMES] filed by Appellee USA. [23-12331] (ECF: Sydney Foster) [Entered: 11/15/2023 01:41 PM]
11/9/202333Received 7 paper copies of EBrief, filed by Appellee USA. [Entered: 11/09/2023 11:01 AM]
11/8/2023Appellee's Brief filed by Appellee USA. [23-12331] (ECF: Sydney Foster) [Entered: 11/08/2023 06:34 PM]
10/17/202331Three Additional copies of Appellant's Brief, Appendix and SEALED Appendix received from Andre V. Bardos for State of Florida and forwarded to the record room. [Entered: 10/17/2023 11:02 AM]
10/10/202330Record on Appeal filed. (1) Envelope containing DE 1116 (1 DVD) [Entered: 10/11/2023 10:56 AM]
10/10/2023Assigned to tentative calendar number 8 in Miami during the week of January 22, 2024. You must file an additional 3 identical paper copies of the briefs and appendices, unless you previously provided the additional copies. [Entered: 10/10/2023 03:02 PM]
9/26/202328SEALED Appendix containing SEALED DOC 881 and SEALED DOC 881-1 filed by Attorney Andre V. Bardos for Appellant State of Florida. S [Entered: 09/26/2023 12:08 PM]
9/26/202327Received paper copies of EAppendix filed by Appellant State of Florida. 15 VOLUMES - 4 COPIES [Entered: 09/26/2023 10:50 AM]
9/22/2023
  • Response
Response to Supplemental Authority (28J) filed by Appellee USA. [23-12331] (ECF: Sydney Foster) [Entered: 09/22/2023 07:52 PM]
9/22/2023Appendix filed [15 VOLUMES] by Appellant State of Florida. [23-12331] (ECF: Andre Bardos) [Entered: 09/22/2023 06:56 PM]
9/21/2023Supplemental Authority filed by Appellant State of Florida. [23-12331] (ECF: Andre Bardos) [Entered: 09/21/2023 12:27 PM]
9/21/202323Received 4 paper copies of EBrief, filed by Appellant State of Florida. [Entered: 09/21/2023 10:35 AM]
9/18/2023Appellant's brief filed by State of Florida. [23-12331] (ECF: Andre Bardos) [Entered: 09/18/2023 07:09 PM]
9/7/2023
  • Reply
REPLY to RESPONSE to Motion [16] filed by Appellant State of Florida. [23-12331] (ECF: Andre Bardos) [Entered: 09/07/2023 11:50 AM]
9/5/2023
  • Motion to ExpediteGranted
ORDER: Motion to expedite oral argument filed by Appellant State of Florida is GRANTED. The Court DIRECTS the Clerk’s Office to expedite the appeal for merits disposition purposes and place this appeal on the next available oral argument calendar. Briefing in this appeal shall proceed as follows: Defendant-Appellant’s principal brief is due on September 18, 2023, with the appendix due 7 days from the filing of the principal brief. Plaintiff-Appellee’s response brief is due on November 8, 2023. [15]. RJL (See attached order for complete text) [Entered: 09/05/2023 05:35 PM]
8/31/2023
  • Motion to Stay
RESPONSE to Motion for stay of injunction filed by Appellant State of Florida [16] filed by Attorney Sydney Foster for Appellee USA. [23-12331] (ECF: Sydney Foster) [Entered: 08/31/2023 04:59 PM]
8/30/2023
  • Motion to File
ORDER: Motion to file excess words/pages filed by Appellant State of Florida is DENIED as MOOT. [12] ALB (See attached order for complete text) [Entered: 08/30/2023 05:13 PM]
8/28/202317Over the phone extension granted by clerk as to Attorney Andre V. Bardos for Appellant State of Florida. Appellants brief due on 09/18/2023 as to Appellant State of Florida. Appendix due no later than 7 days aftert the filing of the brief as to Appellant State of Florida. Any request for a second or subsequent extension of time shall be subject to 11th Cir. R. 31-2(d). [Entered: 08/28/2023 09:41 AM]
8/21/2023TIME SENSITIVE MOTION for stay of injunction filed by State of Florida. Motion is Opposed. [16] [23-12331] (ECF: Andre Bardos) [Entered: 08/21/2023 06:52 PM]
8/21/2023
  • Motion to Expedite
MOTION to expedite oral argument filed by State of Florida. Motion is Unopposed. [15] [23-12331] (ECF: Andre Bardos) [Entered: 08/21/2023 06:43 PM]
8/17/2023Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Sydney Foster for Appellee USA. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [23-12331] (ECF: Sydney Foster) [Entered: 08/17/2023 04:50 PM]
7/31/2023
  • Response
RESPONSE to Motion filed by Appellant State of Florida [12] filed by Attorney Sydney Foster for Appellee USA. [23-12331] (ECF: Sydney Foster) [Entered: 07/31/2023 08:25 AM]
7/28/2023TIME SENSITIVE MOTION for excess words/pages filed by State of Florida. Motion is Opposed. [12] [23-12331] (ECF: Andre Bardos) [Entered: 07/28/2023 06:20 PM]
7/28/2023Briefing Notice issued to Appellant State of Florida. The appellant's brief is due on or before 08/28/2023. The appendix is due no later than 7 days from the filing of the appellant's brief. [Entered: 07/28/2023 05:04 PM]
7/28/2023TRANSCRIPT INFORMATION form filed by Attorney Andre V. Bardos for Appellant State of Florida. All necessary transcript(s) are on file. [Entered: 07/28/2023 05:03 PM]
7/28/2023Civil Appeal Statement filed by Attorney Andre V. Bardos for Appellant State of Florida. Related cases? Yes. [23-12331] (ECF: Andre Bardos) [Entered: 07/28/2023 04:43 PM]
7/28/2023Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Andre V. Bardos for Appellant State of Florida. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [23-12331] (ECF: Andre Bardos) [Entered: 07/28/2023 02:45 PM]
7/28/2023TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Andre V. Bardos for Appellant State of Florida. All necessary transcript(s) are on file. [23-12331] (ECF: Andre Bardos) [Entered: 07/28/2023 02:42 PM]
7/28/2023APPEARANCE of Counsel Form filed by Ashley Hoffman Lukis for State of Florida. Related cases? Yes. [23-12331] (ECF: Ashley Lukis) [Entered: 07/28/2023 02:37 PM]
7/28/2023APPEARANCE of Counsel Form filed by James Timothy Moore, Jr. for State of Florida. Related cases? Yes. [23-12331] (ECF: James Moore) [Entered: 07/28/2023 02:36 PM]
7/28/2023APPEARANCE of Counsel Form filed by Andre V. Bardos for State of Florida. Related cases? Yes. [23-12331] (ECF: Andre Bardos) [Entered: 07/28/2023 02:28 PM]
7/21/2023APPEARANCE of Counsel Form filed by Sydney A.R. Foster for the United States Related cases? No. [23-12331] (ECF: Sydney Foster) [Entered: 07/21/2023 10:17 AM]
7/21/2023APPEARANCE of Counsel Form filed by Bonnie I. Robin-Vergeer for the United States Related cases? No. [23-12331] (ECF: Bonnie Robin-Vergeer) [Entered: 07/21/2023 10:15 AM]
7/17/2023CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellant State of Florida on 07/17/2023. Fee Status: Fee Paid. Awaiting Appellant's Certificate of Interested Persons due on or before 08/03/2023 as to Appellant State of Florida. Awaiting Appellee's Certificate of Interested Persons due on or before 08/17/2023 as to Appellee United States of America [Entered: 07/20/2023 04:04 PM]