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Commonwealth of Kentucky et al v. Biden et al, Docket No. 3:21-cv-00055 (E.D. Ky. Nov 04, 2021), Court Docket
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Commonwealth of Kentucky et al v. Biden et al

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kyed
U.S. District Court
Eastern District of Kentucky (Frankfort)
CIVIL DOCKET FOR CASE #: 3:21-cv-00055-GFVT

Commonwealth of Kentucky et al v. Biden et al

DOCKET INFORMATION
Minimize
Date Filed: Nov 4, 2021
Nature of suit:899 Other Statutes: Administrative Procedures Act/Review or Appeal of Agency Decision
Assigned to:Judge Gregory F. VanTatenhove
Case in other court:6CCA, 21-06147
Cause:05:702 Administrative Procedure Act
Jurisdiction:U.S. Government Defendant
Jury demand:None

Parties and Attorneys

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 Plaintiff
Commonwealth of Kentucky
Plaintiff
Representation
Alexander Y. Magera , I
Attorney General's Office-Kentucky
700 Capital Avenue
Capitol Building, Suite 118
Frankfort, KY 40601
(502) 696-5300
alexander.magera@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Barry L. Dunn
Attorney General's Office-Kentucky
700 Capital Avenue
Capitol Building, Suite 118
Frankfort, KY 40601
(502) 696-5300
barry.dunn@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Christopher L. Thacker
Attorney General's Office-Kentucky
700 Capital Avenue
Capitol Building, Suite 118
Frankfort, KY 40601
(859) 396-5299
christopher.thacker@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Heather Lynn Becker
Attorney General's Office-Kentucky
700 Capital Avenue
Capitol Building, Suite 118
Frankfort, KY 40601
(502) 696-5610
heather.becker@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED
Jeremy J. Sylvester
Attorney General's Office-Kentucky
700 Capital Avenue
Capitol Building, Suite 118
Frankfort, KY 40601
(859) 696-5698
jeremy.sylvester@ky.gov
LEAD ATTORNEY
ATTORNEY TO BE NOTICED

 Plaintiff
State of Ohio
Plaintiff
Representation
Benjamin M. Flowers
Attorney General's Office-Columbus
30 E. Broad Street
17th Floor
Columbus, OH 43215
(614) 728-7511
benjamin.flowers@ohioattorneygeneral.gov
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Carol O'Brien
Attorney General's Office-Columbus
30 E. Broad Street
17th Floor
Columbus, OH 43215
(614) 728-2333
carol.o'brien@ohioattorneygeneral.gov
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Sylvia May Davis
Attorney General's Office-Cleveland
615 W. Superior Avenue
11th Floor
Cleveland, OH 44113
(614) 282-3594
Fax: (855) 579-2029
may.davis@ohioattorneygeneral.gov
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Heather Lynn Becker
(See above for address)
ATTORNEY TO BE NOTICED

 Plaintiff
State of Tennessee
Plaintiff
Representation
Brandon J. Smith
Office of the Tennessee Attorney General and Reporter
P.O. Box 20207
Nashville, TN 37202
(615) 532-4081
Brandon.Smith@ag.tn.gov
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Dianna B. Shew
Office of the Tennessee Attorney General and Reporter
P.O. Box 20207
Nashville, TN 37202
(615) 532-1969
dianna.shew@ag.tn.gov
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Heather Lynn Becker
(See above for address)
ATTORNEY TO BE NOTICED

 Plaintiff
Fredrick W. Stevens
in his official capacity as Sheriff for the Seneca County (Ohio) Sheriffs Office
Plaintiff
Representation
Benjamin M. Flowers
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Carol O'Brien
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Sylvia May Davis
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

 Plaintiff
Scott A. Hildenbrand
in his official capacity as Sheriff for the Geauga County (Ohio) Sheriffs Office
Plaintiff
Representation
Benjamin M. Flowers
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Carol O'Brien
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
James R. Flaiz
Geauga County Prosecutor's Office
231 Main Street
3rd Floor
Chardon, OH 44024
(440) 279-2100
james.flaiz@gcpao.com
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
Sylvia May Davis
(See above for address)
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED

 Defendant
Joseph R. Biden
in his official capacity as President of the United States
Defendant
Representation
Jody D. Lowenstein
U.S. Department of Justice - Civil
1100 L Street NW
Washington, DC 20005
(202) 598-9280
jody.d.lowenstein@usdoj.gov
ATTORNEY TO BE NOTICED
Zachary A. Avallone
U.S. Department of Justice - Civil
1100 L Street NW
Washington, DC 20005
(202) 514-2705
Fax: (202) 616-8470
zachary.a.avallone@usdoj.gov
ATTORNEY TO BE NOTICED

 Defendant
USA
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Safer Federal Workforce Task Force
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
United States Office of Personnel Management
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Kiran Ahuja
in her official capacity as Director of the Office of Personnel Management and as Co- Chair of the Safer Federal Workforce Task Force
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Office of Management and Budget
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Shalanda Young
in her official capacity as Acting Director of the Office of Management and Budget and as a Member of the Safer Federal Workforce Task Force
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
General Services Administration
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Robin Carnahan
in her official capacity as Administrator of the General Services Administration and as Co-Chair of the Safer Federal Workforce Task Force;
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Jeffrey Zients
in his official capacity as Co- Chair of the Safer Federal Workforce Task Force and COVID-19 Response Coordinator
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
L. Eric Patterson
in his official capacity as Director of the Federal Protective Service
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
James M. Murray
in his official capacity as Director of the United States Secret Service
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Deanne Criswell
in her official capacity as Administrator of the Federal Emergency Management Agency
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Rochelle Walensky
in her official capacity as Director of the Centers for Disease Control
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Federal Acquisition Regulatory Council
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Lesley A. Field
in her official capacity as Acting Administrator for Federal Procurement, Office of Management and Budget
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Jeffrey A. Koses
in his official capacity as Senior Procurement Executive & Deputy Chief Acquisition Officer, General Services Administration
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
John M. Tenaglia
in his official capacity as Principal Director of Defense Pricing and Contracting, Department of Defense
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Karla S. Jackson
in her official capacity as Assistant Administrator for Procurement, National Aeronautics and Space Administration
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
U.S. Food and Drug Administration
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Janet Woodcock
in her official capacity as Acting Commissioner of Food and Drugs;
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
National Institutes of Health
DEPARTMENT OF HEALTH AND HUMAN SERVICES
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Francis Collins
in his official capacity as Director of the National Institutes of Health
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
United States Bureau of Labor Statistics
DEPARTMENT OF LABOR
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
William W. Beach
in his official capacity as Commissioner of the United States Bureau of Labor Statistics
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
United States Consumer Product Safety Commission
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Peter A. Feldman
in his official capacity as Commissioner of the United States Consumer Product Safety Commission
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Tae D. Johnson
in his official capacity as Director of Immigration and Customs Enforcement
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Randolph D. Alles
in his official capacity as Undersecretary for Management of the Department of Homeland Security
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Department of Homeland Security
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Defendant
Immigration and Customs Enforcement
DEPARTMENT OF HOMELAND SECURITY
Defendant
Representation
Jody D. Lowenstein
(See above for address)
ATTORNEY TO BE NOTICED
Zachary A. Avallone
(See above for address)
ATTORNEY TO BE NOTICED

 Amicus
American Medical Association
Amicus
Representation
Rachel L. Fried
Democracy Forward Foundation
P.O. Box 34553
Washington, DC 20043
(202) 448-9090
rfried@democracyforward.org
LEAD ATTORNEY
PRO HAC VICE
ATTORNEY TO BE NOTICED
David B. Tachau
Tachau Meek PLC - Lou
101 S. Fifth Street
3600 PNC Tower
Louisville, KY 40202
(502) 238-9900
Fax: (502) 238-9910
dtachau@tachaulaw.com
ATTORNEY TO BE NOTICED

Docket Entries

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EntryFiledPDFDescription
1Nov 4, 2021ViewCOMPLAINT ( Filing fee $402; receipt number AKYEDC-5116739), filed by State of Ohio, Commonwealth of Kentucky, State of Tennessee, Fredrick W Stevens, Scott A Hildenbrand. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for All Defendants)(MJY) (Entered: 11/04/2021)
Nov 4, 2021Conflict Check run. (MJY) (Entered: 11/04/2021)
2Nov 4, 2021RequestSummons Issued as to Kiran Ahuja, Randolph D Alles, William W Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A Feldman, Lesley A Field, General Services Administration, Immigration and Customs Enforcement, Karla S Jackson, Tae D. Johnson, Jeffrey A Koses, James M Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, U.S. Attorney and U.S. Attorney General. Summons issued and returned electronically to counsel. (MJY) (Entered: 11/04/2021)
4Nov 4, 2021RequestNOTICE TO ATTORNEY Brandon Smith by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 LR 83.1 & Application, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021)
5Nov 4, 2021RequestNOTICE TO ATTORNEY Dianna B. Shew by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 & Admission Forms, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021)
6Nov 4, 2021RequestNOTICE TO ATTORNEY Alexander Y. Magera by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 Admission packet, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021)
7Nov 4, 2021RequestNOTICE TO ATTORNEY Benjamin Flowers by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 Admission packet, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021)
8Nov 4, 2021RequestNOTICE TO ATTORNEY Carol O'Brien by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 Admission packet, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021)
9Nov 4, 2021RequestNOTICE TO ATTORNEY May Davis by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 Admission packet, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021)
10Nov 4, 2021RequestNOTICE TO ATTORNEY James R Flaiz by Clerk re: L.R. 83 - Attorney Admission procedures w/ a copy of L.R. 83.1 and 83.2 (Attachments: # 1 Joint Local Rule 83.1 Admission packet, # 2 Joint Local Rule 83.2)(MJY) (Entered: 11/04/2021)
11Nov 8, 2021ViewMOTION for Leave to File Excess Pages by Commonwealth of Kentucky (Attachments: # 1 Proposed Order)(Thacker, Christopher) (Additional attachment(s) added on 11/8/2021: # 2 CORRECTED Motion for Leave to File an Overlength Brief) (JJ). (Entered: 11/08/2021)
12Nov 8, 2021ViewMOTION for Temporary Restraining Order and Preliminary Injunction by Commonwealth of Kentucky (Attachments: # 1 Affidavit Declaration of N. Antonio Niknejad, # 2 Affidavit Declaration of Fredercik W. Stevens, # 3 Affidavit Declaration of Scott A. Hildenbrand, # 4 Affidavit Declaration of Victor Maddox, # 5 Proposed Order)(Thacker, Christopher). Added MOTION for Preliminary Injunction on 11/9/2021 (JJ). Modified on 11/9/2021 (JJ). Modified on 12/1/2021 (JJ). (Entered: 11/08/2021)
13Nov 8, 2021RequestNOTICE OF FILING by Commonwealth of Kentucky re 11 MOTION for Leave to File Excess Pages by Commonwealth of Kentucky Correction (Attachments: # 1 Attachment Corrected Motion to Exceed Page Limits)(Thacker, Christopher) (Entered: 11/08/2021)
14Nov 8, 2021RequestORDER: 1. A telephonic status conference to schedule a hearing in this matter is SCHEDULED for Tuesday, November 9, 2021, at 3:30 p.m., with Judge Van Tatenhove sitting in Frankfort, Ky; and 2. To join the teleconference, the parties are DIRECTED to call AT&T Teleconferencing at 1-877-336-1280 and enter Access Code 2086161 (followed by #), and, when requested, enter the Security Code 09170 (followed by #). Signed by Judge Gregory F. VanTatenhove on 11/8/21. (MJY) cc: COR, FRT (Entered: 11/08/2021)
15Nov 9, 2021RequestNOTICE of Appearance by Jody D. Lowenstein on behalf of All Defendants (Lowenstein, Jody) (Entered: 11/09/2021)
Nov 9, 2021NOTICE OF DOCKET MODIFICATION TO Christopher Thacker re 12 MOTION for Temporary Restraining Order and Preliminary Injunction by Commonwealth of Kentucky; Error: This motion requests 2 forms of relief and only one form of relief was selected; Entry by attorney; Clerk added the motion relief requested. In the future, when filing a motion with multiple reliefs, select a motion relief for each relief requested, so all motions will appear on the Judge's motion report. No further action required by counsel cc: COR (JJ) (Entered: 11/09/2021)
16Nov 9, 2021RequestMINUTE ENTRY ORDER FOR TELEPHONE CONFERENCE held on 11/9/2021 before Judge Gregory F. Van Tatenhove: Counsel appeared as noted; Court ORDERS as follows: 1. Dfts have until midnight 11/16/2021, to file response to Pltf's Preliminary Injunction, R. 12 . Pltfs have until midnight 11/17/2021 to file reply. A Motion hearing shall be set by subsequent order for this matter. 2. Plaintiffs Motion for Leave to File and Overlength Brief for an additional six pages, R. 11 , is GRANTED. Dft's response may include an additional six pages. Signed by Judge Gregory F. Van Tatenhove. (Court Reporter Sandy Wilder.) (JJ)cc: COR (Entered: 11/10/2021)
17Nov 10, 2021ViewORDER: MOTION HEARING re Plaintiff's preliminary injunction [R. 12 ] set for 11/18/2021 at 1:30 PM in FRANKFORT before Judge Gregory F. Van Tatenhove. Signed by Judge Gregory F. VanTatenhove on 11/9/2021.(JJ)cc: COR,Fkt (Entered: 11/10/2021)
18Nov 12, 2021RequestNOTICE of Appearance by Zach A. Avallone on behalf of All Defendants (Avallone, Zach) (Entered: 11/12/2021)
19Nov 12, 2021RequestMOTION for Benjamin Flowers to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123103) (Attachments: # 1 Attachment Certificate of good standing, # 2 Proposed Order Proposed Order)(Becker, Heather) (Entered: 11/12/2021)
20Nov 12, 2021RequestMOTION for Sylvia May Davis to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123137) (Attachments: # 1 Attachment Certificate of good standing, # 2 Proposed Order Proposed Order)(Becker, Heather) (Entered: 11/12/2021)
21Nov 12, 2021RequestMOTION for Carol Anne Hamilton OBrien to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123143) (Attachments: # 1 Attachment Certificate of good standing, # 2 Proposed Order Proposed Order)(Becker, Heather) (Entered: 11/12/2021)
Nov 15, 2021BAR STATUS Check completed as to Benjamin M. Flowers, Carol O'Brien, Mae Davis re 21 MOTION for Carol Anne Hamilton OBrien to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123143), 20 MOTION for Sylvia May Davis to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123137), 19 MOTION for Benjamin Flowers to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123103). (JJ) (Entered: 11/15/2021)
Nov 15, 2021***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 20 MOTION for Sylvia May Davis to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123137), 21 MOTION for Carol Anne Hamilton OBrien to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123143), 19 MOTION for Benjamin Flowers to Appear Pro Hac Vice by State of Ohio ( Filing fee $125; receipt number AKYEDC-5123103) (JJ) (Entered: 11/15/2021)
22Nov 15, 2021ViewAMENDED COMPLAINT against All Defendants, filed by Commonwealth of Kentucky. (Attachments: # 1 Attachment Exhibit A Complaint Redline, # 2 Attachment Flowers Declaration, # 3 Attachment Contract - KY (Menifee) with FS USDA, # 4 Attachment Contract - KY (Jackson) with FS USDA, # 5 Attachment Easement - KY DFWR (Pulaski) with DOA, # 6 Attachment Contract - KY DMA with USFG, # 7 Attachment Contract - KY DMA with NGB)(Thacker, Christopher) (Entered: 11/15/2021)
23Nov 16, 2021RequestNOTICE OF APPEARANCE by American Medical Association. (Attachments: # 1 Corporate Disclosure Statement)(Tachau, David) (Entered: 11/16/2021)
24Nov 16, 2021RequestMOTION for Rachel L. Fried to Appear Pro Hac Vice by American Medical Association ( Filing fee $125; receipt number AKYEDC-5125611) (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Tachau, David) (Entered: 11/16/2021)
25Nov 16, 2021RequestMOTION for Leave by American Medical Association to File Brief as Amicus Curiae (Attachments: # 1 Brief of American Medical Association, # 2 Proposed Order)(Tachau, David) (Entered: 11/16/2021)
26Nov 16, 2021RequestMOTION for Order by State of Tennessee Shew motion for admission pro hac vice (Attachments: # 1 Attachment Certificate of good standing, # 2 SEALED Attachment ECF registration, # 3 Proposed Order Proposed Order)(Becker, Heather) Modified on 11/17/2021 (JJ).pc (Entered: 11/16/2021)
27Nov 16, 2021ViewRESPONSE in Opposition re 12 MOTION for Temporary Restraining Order and Preliminary Injunction by Commonwealth of Kentucky MOTION for Preliminary Injunction filed by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients. (Attachments: # 1 Declaration of Natalie Carr, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3)(Lowenstein, Jody) (Entered: 11/16/2021)
28Nov 16, 2021RequestFRCP 7.1 DISCLOSURE STATEMENT by American Medical Association. Filed pursuant to QC re DE 23 . (JJ) (Entered: 11/17/2021)
38Nov 16, 2021ViewAMICUS CURIAE BRIEF to 12 Motion for Temporary Injunction and Preliminary Injunction filed by American Medical Association. Filed pursuant to Order [R. 37 ] entered 11/18/2021. (JJ) (Entered: 11/18/2021)
Nov 17, 2021BAR STATUS Check completed as to Dianna B. Shew, Rachel L. Fried re 24 MOTION for Rachel L. Fried to Appear Pro Hac Vice by American Medical Association ( Filing fee $125; receipt number AKYEDC-5125611), 26 MOTION for Order by State of Tennessee Shew motion for admission pro hac vice. (JJ) (Entered: 11/17/2021)
Nov 17, 2021NOTICE OF DOCKET MODIFICATION TO David Tachau re 23 NOTICE OF APPEARANCE; Error: This is a Notice of Appearance AND a 7.1 Disclosure Statement. The document was filed as an attachment to the Notice, when the documents should be filed as two separate entries; Entry by attorney; Clerk re-filed the document as a 7.1 Disclosure Statement 28 . In the future, when filing multiple documents, please refer to the ECF User Manual for the correct procedure. No further steps required by counsel. cc: COR (JJ) (Entered: 11/17/2021)
Nov 17, 2021NOTICE OF DOCKET MODIFICATION TO Jody Lowenstein re 27 Response in Opposition to Motion; Error: attachments were insufficiently described as "Exhibit 1," "Exhibit 2." Entry by attorney; Correction: the Clerk renamed the attachments. Attachments must be adequately described. Example: Exhibit 1 (incorrect); Exhibit 1 Affidavit of John Doe (correct). No further action required by counsel. cc: COR (JJ) (Entered: 11/17/2021)
Nov 17, 2021NOTICE OF DEFICIENCY TO Heather Becker re 26 MOTION for Order by State of Tennessee Shew motion for admission pro hac vice; attorney failed to submit the appropriate $125.00 filing fee; within 7 calendar days, attorney shall submit the $125.00 filing fee to the Clerk. cc: COR (JJ) (Entered: 11/17/2021)
29Nov 17, 2021RequestMOTION for Order by State of Tennessee Smith motion for admission pro hac vice (Attachments: # 1 Attachment Certificate of good standing, # 2 Proposed Order Proposed Order)(Becker, Heather) (Entered: 11/17/2021)
Nov 17, 2021NOTICE OF DEFICIENCY TO Heather Becker re 29 MOTION for Order by State of Tennessee Smith motion for admission pro hac vice; Error 1: Attorney failed to submit the appropriate $125.00 filing fee; within 7 calendar days, attorney shall submit the $125.00 filing fee to the Clerk. Error 2: Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel as to Error 2. cc: COR (JJ) (Entered: 11/17/2021)
Nov 17, 2021BAR STATUS Check completed as to Brandon J. Smith re 29 MOTION for Order by State of Tennessee Smith motion for admission pro hac vice. (JJ) (Entered: 11/17/2021)
30Nov 17, 2021ViewORDER: It is hereby ORDERED that the MOTION HEARING re Plaintiff's 12 MOTION for Preliminary Injunction is RESCHEDULED to 11/18/2021 at 2:30 PM in FRANKFORT before Judge Gregory F. Van Tatenhove. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021.(JJ)cc: COR,Fkt (Entered: 11/17/2021)
31Nov 17, 2021ViewMOTION for Leave to File Excess Pages by Commonwealth of Kentucky (Attachments: # 1 Proposed Order Proposed Order Granting)(Thacker, Christopher) (Entered: 11/17/2021)
32Nov 17, 2021ViewREPLY to Response to Motion re 12 MOTION for Temporary Restraining Order and Preliminary Injunction by Commonwealth of Kentucky MOTION for Preliminary Injunction filed by Commonwealth of Kentucky. (Thacker, Christopher) (Entered: 11/17/2021)
33Nov 18, 2021RequestORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 19 ] is GRANTED; and 2. Benjamin Flowers is admitted pro hac vice as counsel for Plaintiffs in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021. (JJ)cc: COR and Benjamin Flowers by US Mail (Entered: 11/18/2021)
34Nov 18, 2021RequestORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 20 ] is GRANTED; and 2. Sylvia May Davis is admitted pro hac vice as counsel for Plaintiffs in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021. (JJ)cc: COR and Sylvia May Davis by US Mail (Entered: 11/18/2021)
35Nov 18, 2021RequestORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 21 ] is GRANTED; and 2. Carol Anne Hamilton OBrien is admitted pro hac vice as counsel for Plaintiffs in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021. (JJ)cc: COR and Carol Anne Hamilton OBrien by US Mail (Entered: 11/18/2021)
36Nov 18, 2021RequestORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 24 ] is GRANTED; 2. Rachel L. Fried is admitted pro hac vice as counsel for Defendants in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021. (JJ)cc: COR and Rachel L. Fried by US Mail (Entered: 11/18/2021)
Nov 18, 2021NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Benjamin M. Flowers: re 33 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Benjamin M. Flowers (JJ) (Entered: 11/18/2021)
Nov 18, 2021NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Carol O'Brien: re 35 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Carol O'Brien (JJ) (Entered: 11/18/2021)
Nov 18, 2021NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Sylvia May Davis: re 34 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Sylvia May Davis (JJ) (Entered: 11/18/2021)
Nov 18, 2021NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to Rachel L. Fried: re 36 Order on Motion to Appear Pro Hac Vice,. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to Rachel L. Fried (JJ) (Entered: 11/18/2021)
37Nov 18, 2021RequestORDER: It is hereby ORDERED that the motion for leave to file an amicus curiae brief [R. 25 ] is GRANTED. The amicus brief tendered by the American Medical Association is deemed filed on the date it was received by the Court and the Clerk of the Court is directed to file the tendered amicus brief in the record. Signed by Judge Gregory F. Van Tatenhove on 11/17/2021.(JJ)cc: COR (Entered: 11/18/2021)
39Nov 18, 2021RequestPro Hac Vice Filing fee received - Dianna Shew - $ 125.00, receipt number 3002678 (JJ) (Entered: 11/18/2021)
40Nov 18, 2021RequestORDER: 1. Motion for Admission Pro Hac Vice 26 is GRANTED; 2. Dianna Baker Shew is admitted pro hac vice as counsel for Defendants in the above styled action; and 3. Because [R. 26 -2] contains sensitive personal information, the clerk is DIRECTED to file that page under seal. Signed by Judge Gregory F. VanTatenhove on 11/18/2021. (CBD)cc: COR (Entered: 11/18/2021)
41Nov 18, 2021ViewMINUTE ENTRY ORDER FOR STATUS CONFERENCE held on 11/18/21. before Judge Gregory F. VanTatenhove: this matter is TAKEN UNDER ADVISEMENT. An order outlining the Court's specific rulings is forthcoming. (Court Reporter Sandy Wilder.) Signed by Gregory F. Van Tatenhove. (MJY)cc: COR (Entered: 11/18/2021)
42Nov 19, 2021RequestPro Hac Vice Filing fee received - Brandon J. Smith - $ 125.00, receipt number 3002680 (JJ) (Entered: 11/19/2021)
43Nov 19, 2021RequestTRANSCRIPT REQUEST by Commonwealth of Kentucky for proceedings held on 11/18/2021 before Judge Van Tatenhove.. (Becker, Heather) (Entered: 11/19/2021)
44Nov 19, 2021RequestTRANSCRIPT REQUEST by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients for proceedings held on 11/18/2021 before Judge Judge Van Tatenhove.. (Lowenstein, Jody) (Entered: 11/19/2021)
45Nov 19, 2021RequestMOTION for James R. Flaiz, Jr. to Appear Pro Hac Vice by Scott A. Hildenbrand ( Filing fee $125; receipt number AKYEDC-5129227) (Attachments: # 1 Certificate of Good Standing, # 2 Proposed Order)(Flowers, Benjamin) (Entered: 11/19/2021)
Nov 19, 2021Clerk's Note re 44 Transcript Request & 43 Transcript Request: Clerk forwarded requests to the appropriate Court Reporter and SKV. (JJ) (Entered: 11/19/2021)
Nov 19, 2021BAR STATUS Check completed as to James R. Flaiz re 45 MOTION for James R. Flaiz, Jr. to Appear Pro Hac Vice by Scott A. Hildenbrand ( Filing fee $125; receipt number AKYEDC-5129227). (JJ) (Entered: 11/19/2021)
Nov 19, 2021NOTICE OF DEFICIENCY TO Benjamin Flowers re 45 MOTION for James R. Flaiz, Jr. to Appear Pro Hac Vice by Scott A. Hildenbrand ; Signature on document and filer do not match; Entry by attorney; the name of the Filing User under whose login and password the document is filed must be typed in the space where the signature would otherwise appear. No further action required by counsel. cc: COR (JJ) (Entered: 11/19/2021)
Nov 19, 2021***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 45 MOTION for James R. Flaiz, Jr. to Appear Pro Hac Vice by Scott A. Hildenbrand ( Filing fee $125; receipt number AKYEDC-5129227) (JJ) (Entered: 11/19/2021)
46Nov 22, 2021RequestORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 29 ] is GRANTED; and 2. Brandon J. Smith is admitted pro hac vice as counsel for Plaintiffs in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/19/2021. (JJ)cc: COR (Entered: 11/22/2021)
47Nov 22, 2021RequestORDER: 1. Plaintiffs' Motion for Leave to File Excess Pages [R. 31 ] is GRANTED; and 2. Plaintiffs' reply brief may be 20 pages in length. Signed by Judge Gregory F. Van Tatenhove on 11/18/2021.(JJ)cc: COR (Entered: 11/22/2021)
48Nov 22, 2021RequestORDER: 1. Plaintiffs' Motion for Admission Pro Hac Vice [R. 45 ] is GRANTED; and 2. James R. Flaiz, Jr. is admitted pro hac vice as counsel to represent Scott A. Hildenbrand in the above styled action. Signed by Judge Gregory F. Van Tatenhove on 11/22/2021. (JJ)cc: COR and James R. Flaiz by US Mail (Entered: 11/22/2021)
Nov 22, 2021NOTICE FOR ATTORNEY TO REQUEST E-Filing Privileges to James R. Flaiz: re 48 Order. A Pro Hac Vice e-Filing request must be processed through your PACER account. IMPORTANT NOTICE: You are required to electronically file and receive electronic service from the court's automated Electronic Case Filing (ECF) system. If you are not a registered Filing User for the Court's ECF system, please visit the Court's website at www.kyed.uscourts.gov for information and/or training. For additional assistance contact the Help Desk at 1-866-485-6349. cc: COR and via U.S. Mail to James R. Flaiz (JJ) (Entered: 11/22/2021)
49Nov 24, 2021RequestTRANSCRIPT of Proceedings: STATUS CONFERENCE held on 11/18/2021 before Judge Gregory F. Van Tatenhove. Court Reporter: Sandra L. Wilder, Telephone number (859) 516-4114. Transcript ordered by: BRAD P. ROSENBERG and CHRISTOPHER L. THACKER. IMPORTANT NOTICE - REDACTION OF TRANSCRIPTS: In order to remove personal identifier data from the transcript, a party must follow the Court's policy regarding the Redaction Responsibility of Counsel and Parties. The policy governing the redaction of personal information is located on the court website at www.kyed.uscourts.gov. Read this policy carefully. Sample forms, i.e., a Notice of Intent to Redact, may be found on the court website by clicking on Local Forms. If there are no redactions requested, the court will assume redaction of personal identifiers is not necessary and the transcript will be made available via PACER 90 days from today's date. The Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. Redaction Request due 12/20/2021. Redacted Transcript Deadline set for 12/30/2021. Release of Transcript Restriction set for 2/25/2022. (Entered: 11/24/2021)
50Nov 30, 2021ViewOPINION & ORDER: 1. Plaintiffs' motion for a preliminary injunction [R. 12 ] is GRANTED; 2. The Government is ENJOINED from enforcing the vaccine mandate for federal contractors and subcontractors in all covered contracts in Kentucky, Ohio, and Tennessee. Signed by Judge Gregory F. Van Tatenhove on 11/30/2021.(JJ)cc: COR (Entered: 11/30/2021)
51Dec 2, 2021RequestMail Returned as Undeliverable. Mail sent to Carol O'Brien, Benjamin M. Flowers & Sylvia May Davis re 8 Notice to Attorney, 9 Notice to Attorney, 7 Notice to Attorney. (JJ) (Entered: 12/02/2021)
52Dec 3, 2021ViewNOTICE OF APPEAL as to 50 Memorandum Opinion & Order, by Kiran Ahuja, Randolph D. Alles, American Medical Association, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients (Avallone, Zachary) Modified text on 12/6/2021 (JJ). Modified on 12/9/2021 (JJ). (Entered: 12/03/2021)
53Dec 3, 2021ViewEMERGENCY MOTION to Stay re 50 Memorandum Opinion & Order,, Terminate Motions, by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients (Attachments: # 1 Exhibit Ex. A - Decl. of L. Field, # 2 Proposed Order)(Avallone, Zachary) (Entered: 12/03/2021)
54Dec 4, 2021ViewNOTICE by Commonwealth of Kentucky re 53 EMERGENCY MOTION to Stay re 50 Memorandum Opinion & Order,, Terminate Motions, by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acq Intent to Respond (Thacker, Christopher) (Entered: 12/04/2021)
55Dec 6, 2021ViewUSCA Case Number 21-6147 Case Manager Julie Anne Connor for 52 Notice of Appeal filed by William W. Beach, et al(CBD) (Entered: 12/06/2021)
56Dec 6, 2021ViewORDER: 1. Plaintiffs' shall have until the end of 12/8/2021 to file a response to Emergency Motion 53 to Stay Pending Appeal; and 2. Defendants' shall have until the end of 12/10/2021 to file a reply to Plaintiffs response. Signed by Judge Gregory F. VanTatenhove on 12/6/2021.(CBD)cc: COR (Entered: 12/06/2021)
57Dec 8, 2021ViewRESPONSE in Opposition re 53 EMERGENCY MOTION to Stay re 50 Memorandum Opinion & Order,, Terminate Motions, by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acq filed by Commonwealth of Kentucky. (Attachments: # 1 Affidavit Silletto Decl., # 2 Exhibit Nov. 18 Univ. of Louisville Email, # 3 Exhibit Dec. 7 Univ. of Louisville Email, # 4 Affidavit Cosby Decl., # 5 Exhibit Representative GSA Emails, # 6 Exhibit Sample Letter Attached to All GSA Emails, # 7 Exhibit Dated GSA Emails, # 8 Proposed Order Prop Order Denying E Stay)(Thacker, Christopher) (Entered: 12/08/2021)
Dec 8, 2021NOTICE FOR ATTORNEY TO UPDATE ADDRESS to Jeremy J. Sylvester: It appears the address listed on your filing 57 Response in Opposition to Motion,, is different than the address registered with our Court. Pursuant to the Court's Administrative Policies and Procedures governing ECF, a request to update your address must be processed through your PACER account. Please visit the Court's website at www.kyed.uscourts.gov for information or contact the Help Desk at 1-866-485-6349. cc: COR (JJ) (Entered: 12/08/2021)
58Dec 9, 2021ViewREPLY to 57 , 53 in Support of Defendants' Emergency Motion to Stay filed by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, United States of America, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients. (Lowenstein, Jody) (Entered: 12/09/2021)
Dec 10, 2021***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 53 EMERGENCY MOTION to Stay re 50 Memorandum Opinion & Order, by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acq (JJ) (Entered: 12/10/2021)
59Dec 10, 2021ViewORDER: It is hereby ORDERED that Defendants' Motion for an Emergency Stay Pending Appeal [R. 53 ] is DENIED. Signed by Judge Gregory F. Van Tatenhove on 12/10/2021.(JJ)cc: COR,6CCA (Entered: 12/10/2021)
60Dec 20, 2021ViewJOINT MOTION to Stay by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, General Services Administration, Immigration and Customs Enforcement, Karla S. Jackson, Tae D. Johnson, Jeffrey A. Koses, James M. Murray, National Institutes of Health, Office of Management and Budget, L. Eric Patterson, Safer Federal Workforce Task Force, John M. Tenaglia, U.S. Food and Drug Administration, USA, United States Bureau of Labor Statistics, United States Consumer Product Safety Commission, United States Office of Personnel Management, Rochelle Walensky, Janet Woodcock, Shalanda Young, Jeffrey Zients (Lowenstein, Jody) (Entered: 12/20/2021)
Dec 20, 2021***MOTION SUBMITTED TO CHAMBERS of Judge Gregory F. Van Tatenhove for review: re 60 JOINT MOTION to Stay by Kiran Ahuja, Randolph D. Alles, William W. Beach, Joseph R. Biden, Robin Carnahan, Francis Collins, Deanne Criswell, Department of Homeland Security, Federal Acquisition Regulatory Council, Peter A. Feldman, Lesley A. Field, (JJ) (Entered: 12/20/2021)
Dec 28, 2021***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 6 Notice to Attorney - no response. (CBD) (Entered: 12/28/2021)
61Jan 3, 2022ViewORDER: 1. The parties' joint Motion to Stay Proceedings [R. 60 ] is GRANTED; and 2. Further proceedings in this matter are STAYED pending final resolution of Defendants' appeal from the Courts order granting Plaintiffs' motion for a preliminary injunction. Signed by Judge Gregory F. Van Tatenhove on 1/3/2022.(JJ)cc: COR (Entered: 01/03/2022)
62Jan 6, 2022ViewORDER of USCA as to 52 Notice of Appeal: The district court enjoined enforcement of the contractor mandate throughout Ohio, Kentucky, and Tennessee. It also denied the subsequent motion of the federal-government defendants to stay the injunction pending appeal. The government now comes to us with the same request. But because the government has established none of the showings required to obtain a stay, we DENY such relief. No Mandate to issue. (Attachments: # 1 Cover Letter - No Mandate to Issue)(CBD) Modified text on 1/6/2022 (CBD). (Entered: 01/06/2022)

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