Florida et al. v. Dept. of HHS et al.

Moments after President Obama signed the Patient Protection and Affordable Care Act (PPACA) into law on 23-Mar-2010, the State of Florida, joined by eleven other states, filed a Complaint in the Federal District Court for the Northern District of Florida, Pensacola Division, and thereby commenced a civil lawsuit which names as Defendants the three executive branch Departments – Health and Human Services, Treasury, and Labor – and Secretaries primarily responsible for implementation of the PPACA.

A scheduling conference took place on 14-Apr-2010. The schedule is as follows:

  • May 14, 2010 : Plaintiffs’ date for filing an amended complaint
  • June 16, 2010 : Defendants’ date for filing a motion to dismiss;
  • August 6, 2010 : Plaintiffs’ date for filing a brief in opposition to the motion to dismiss;
  • August 27, 2010 : Defendants’ date for filing a reply to Plaintiffs’ opposition brief;
  • September 14, 2010 : Oral argument on Defendants’ motion to dismiss.

Docket

The docket for the case of Florida et al. v. Dept. of HHS et al. was last retrieved via PACER and reviewed on 23-Apr-2010. All known docket items are listed below; typically, routine procedural items are listed but are not archived. The initially retrieved docket, which contains a list of parties and counsel, is archived, as is the most recently retrieved docket report.

0001 - 2010-03-23
Plaintiff's Complaint
0002 - 2010-03-23
Civil Cover Sheet
0003 - 2010-03-24
Clerk's Notation - Summons Issued
0004 - 2010-03-29
Notice of Hearing - Scheduling Conference set for 14-Apr-2010 09:00 ET
0005 - 2010-03-30
(rejected)
0006 - 2010-03-30
ORDER Rejecting submission (0005) due to deficiencies
0007 - 2010-04-05
ORDER Rejecting submission due to deficiencies
0008 - 2010-04-05
ORDER Rejecting submission due to deficiencies
0009 - 2010-04-05
ORDER Rejecting submission due to deficiencies
0010 - 2010-04-05
NOTICE of Intent to Apply for Leave to Intervene (Paul Andrew pro se)
0011 - 2010-04-05
NOTICE by Paul Andrew pro se regarding #0009
0012 - 0000-00-00
(rejected)
0013 - 0000-00-00
(rejected)
0014 - 2010-04-05
ORDER 1) The document shall remain in the electronic file, but the Court will not consider it until you have corrected the deficiencies through the filing of a corrected document. The document is Denied without prejudice, with leave given to refile after correction. 2) The submitted hard copy of the document shall be returned to you by the Clerk.
0015 - 2010-04-05
MOTION of Proposed Intervenor Steve Schonberg for Admission to the Court's CM/ECF System − pursuant to #14 Order.
0016 - 0000-00-00
(rejected)
0017 - 2010-04-07
Notice and MOTION to Intervene by Dr. Orly Taitz, Esq. (in Pro Se) − Attachments not scanned.
0018 - 2010-04-08
ORDER DENYING #17 Motion to Intervene by Dr. Orly Taitz
0019 - 0000-00-00
(rejected)
0020 - 2010-04-12
MOTION to Intervene by pro se petitioner Gary Salamone
0021 - 2010-04-12
MOTION by pro se petitioner Gary Salamone
0022 - 0000-00-00
(rejected)
0023 - 2010-04-14
MOTION to Intervene by pro se petitioner Robert P. Smith, Jr.
0024 - 2010-04-14
Minutes of Scheduling Conference
0025 - 2010-04-14
Notice of Appearance by Katherine Jean Spohn (Plaintiff State of Nebraska)
0026 - 2010-04-14
ORDER setting schedule
0027 - 2010-04-14
Notice and MOTION for Reconsideration or MOTION (titled Request) for Certification for Interlocutory Appeal
0028 - 2010-04-12
MOTION of Proposed Intervenor Steve Schonberg for Admission to the Court's CM/ECF System. (Amended)
0029 - 2010-04-15
ORDER − Denying #28 Pro Se Motion of Proposed Intervenor Steve Schonberg for Admission to the Court's CM/ECF System. Access to the CM/ECF System requires a PACER account with proper registration and fee payment. Only admitted attorneys can file electronically.
0030 - 2010-04-16
MEMORANDUM OF LAW by Pro Se Movant Intervenor Robert P. Smith's in support of #23 MOTION to Intervene.
0031 - 0000-00-00
(rejected)
0032 - 2010-04-20
Entry of Appearance - BRIAN G KENNEDY for Defendants
0033 - 2010-04-20
Entry of Appearance - ERIC B BECKENHAUER for Defendants
0034 - 2010-04-15
MOTION to Intervene (titled Entry of Appearance for the People of the State of Oklahoma by Private Attorney General, Stephen P. Wallace).
0035 - 2010-04-20
NOTICE of Correction of Errata by Stephan P. Wallace (Private Attorney General) - Re: #34 MOTION to Intervene.
0036 - 2010-04-20
Revised MOTION of Proposed Intervenor Steve Schonberg to Intervene As A Plaintiff.
0037 - 2010-04-27
ORDER ON MOTIONS TO INTERVENE - 1) Orly Taitz's 27 Motion for Reconsideration or Certification of Interlocutory Appeal is Denied. 2) The Motions to Intervene filed by Gary P. Salamone (doc. 20 ), Robert P. Smith, Jr. (doc. 23 ), Steve Schonberg (docs. 21 , 36 ), and Stephan P. Wallace (doc. 34 ) are also Denied. The court has now considered six separate Motions to Intervene in this case. In order to save time and conserve judicial resources, any and all future Motions to Intervene that do not satisfy the legal standard set forth above and in my previous Order (doc. 18 ) will be summarily denied.
0038 - 2010-04-26
MOTION of Proposed Intervenor Steve Schonberg for Partial Admission to the Court's CM/ECF System.
0039 - 2010-04-30
ORDER − Denying 38 MOTION of Proposed Intervenor Steve Schonberg for Partial Admission to the CM/ECF system. Signed by District Judge M CASEY RODGERS on 4/30/2010.
0040 - 2010-05-12
NOTICE of Appearance by WILLIAM JAMES COBB, III on behalf of STATE OF TEXAS (COBB, WILLIAM) (Entered: 05/12/2010)
0041 - 2010-05-13
SUMMONS Returned Executed by STATE OF WASHINGTON, STATE OF ALABAMA, STATE OF SOUTH CAROLINA, STATE OF FLORIDA, STATE OF SOUTH DAKOTA, STATE OF LOUISIANA, STATE OF NEBRASKA, STATE OF COLORADO, STATE OF IDAHO, STATE OF MICHIGAN, STATE OF TEXAS, COMMONWEALTH OF PENNSYLVANIA, STATE OF UTAH. TIMOTHY F GEITHNER served on 4/12/2010, answer due 5/3/2010; KATHLEEN SEBELIUS served on 3/29/2010, answer due 4/19/2010; HILDA L SOLIS served on 3/29/2010, answer due 5/3/2010; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES served on 3/29/2010, answer due 5/3/2010; UNITED STATES DEPARTMENT OF LABOR served on 4/2/2010, answer due 5/3/2010; UNITED STATES DEPARTMENT OF THE TREASURY served on 4/12/2010, answer due 5/3/2010. (Attachments: # 1 Exhibit “A” Return of Service of HHS and H. Solis, # 2 Exhibit “B” Return of Service of Treasury and T. Geithner, # 3 Exhibit “C” Return of Service of Labor and H. Solis, # 4 Exhibit “D” return of Service of Attorney General E. Holder) (WINSHIP, BLAINE) (Entered: 05/13/2010)
0042 - 2010-05-14
First AMENDED COMPLAINT by and through Sonny Perdue, Governor of the State of Georgia, State of Alaska, by and through Daniel S. Sullivan, Attorney General of the State of Alaska, National Federation of Independent Business, a California Nonprofit Mutual Benefit Corporation, State of Nevada, by and through Jim Gibbons, Governor of the State of Nevada, State of North Dakota, by and through Wayne Stenejhem, Attorney General of the State of North Dakota, State of Indiana, by and through Gregory F. Zoeller, Attorney General, State of Mississippi, by and through Haley Barbour, Governor of the State of Mississippi, Kaj Ahlburg, State of Arizona, by and through Janice K. Brewer, Governor of the State of Arizona, Mary Brown, filed by STATE OF WASHINGTON, STATE OF ALABAMA, STATE OF SOUTH CAROLINA, STATE OF FLORIDA, STATE OF SOUTH DAKOTA, STATE OF LOUISIANA, STATE OF NEBRASKA, STATE OF COLORADO, STATE OF IDAHO, STATE OF MICHIGAN, STATE OF TEXAS, COMMONWEALTH OF PENNSYLVANIA, STATE OF UTAH (WINSHIP, BLAINE) Modified on 5/14/2010 to clean up text (djb). (Entered: 05/14/2010)
0043 - 2010-05-25
MOTION to Extend Time to Respond to Amended Complaint by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Exhibit A − Transcript of Sched. Hrg. (Apr. 14, 2010), # 2 Proposed Order) (BECKENHAUER, ERIC) Modified on 5/26/2010 − transcript access restricted pursuant to privacy policies during the redaction review period, see 44 for official transcript (tdg). (Entered: 05/25/2010)
0044 - 2010-05-26
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Rule 16 Hearing (46 pgs) held on April 14, 2010, before Judge Roger Vinson. Court Reporter/Transcriber Donna L. Boland, Telephone number 850.470.8189. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/2/2010. Release of Transcript Restriction set for 8/31/2010. (dlb) (Entered: 05/26/2010)

Parties

The Plaintiffs in the suit are sovereign states of the United States of America. The Defendants are the three executive branch departments and secretaries primarily responsible for implementation of the provisions of the PPACA.

At the time the PPACA was signed, the Attorneys General of eighteen (18) states (AL, AK, CO, FL, HI, ID, IN, MI, NE, ND, PA, SC, SD, TX, UT, VA, WA, and WI) were members of the Republican political party and the Governors of twenty-four (24) states (AL, AK, AR, AZ, CA, CT, FL, GA, HI, ID, IN, LA, MN, MI, NE, NV, NJ, ND, RI, SC, SD, TX, VT, and VA) were members of the Republican Party. One state (VA) having both a Republican Governor and Republican Attorney General also had a fully-enacted state law which purported to preclude a federal mandate requiring an individual to purchase health insurance: given the novelty of its state law, the Commonwealth of Virginia filed its own, independent civil suit alleging defect in the PPACA, leaving seventeen (17) states with Republican Attorneys General and twenty-three (23) states with Republican Governors.

Twelve (AL, CO, FL, ID, MI, NE, PA, SC, SD, TX, UT, WA) of the seventeen (17) non-Virginia states having Republican Attorneys General, along with one (LA) of the twenty-three (23) non-Virginia states having a Republican Governor, joined as the thirteen (13) original Plaintiffs, with the Attorney General of the State of Florida, the nation’s fourth most populated state, leading the group.

Plaintiffs

  1. State of Florida (by Bill McCollum, Attorney General)
  2. State of Alabama
  3. State of South Carolina (by Henry McMaster, Attorney General)
  4. State of Nebraska (by Jon Bruning, Attorney General
  5. State of Texas (by Greg Abbott, Attorney General)
  6. State of Utah (by Mark L. Shurtleff, Attorney General)
  7. State of Louisiana (by James D. Buddy Caldwell, Attorney General)
  8. State of Michigan (by Michael A. Cox, Attorney General)
  9. State of Colorado (by John W. Suthers, Attorney General)
  10. Commonwealth of Pennsylvania (by Thomas W. Corbett, Jr., Attorney General)
  11. State of Washington (by Robert M. McKenna, Attorney General)
  12. State of Idaho (by Lawrence G. Wasden, Attorney General)
  13. State of South Dakota (by Marty J. Jackley, Attorney General)

Defendants

  1. United States Department of Health and Human Services
  2. Kathleen Sebelius, Secretary of the United States Department of Health and Human Services
  3. United States Department of the Treasury
  4. Timothy F. Geithner, Secretary of the United States Department of the Treasury
  5. United States Department of Labor
  6. Hilda L. Solis, Secretary of the United States Department of Labor

News Reports

A federal judge intends to fast track a lawsuit by at least 18 states that seeks to overturn President Barack Obama's health care overhaul, he told attorneys Wednesday.

But filing deadlines and hearing dates set by U.S. District Judge Roger Vinson at the scheduling conference could stretch into November depending on his rulings and the time taken by states and the U.S. Department of Justice to respond.

Wednesday's hour-long court session was the first hearing in the lawsuit that was filed in federal court in Pensacola by Florida Attorney General Bill McCollum minutes after Obama signed his 10-year, $938-billion health care bill into law.

Attorney generals from 12 other states joined McCollum. An attorney for the group said Wednesday they will amend the lawsuit before a May 14 deadline to add six additional states.

Alabama, Colorado, Michigan, Idaho, Louisiana, Nebraska, Pennsylvania, South Carolina, South Dakota, Texas, Utah and Washington joined the original suit. Arizona, Georgia, Indiana, Mississippi, Nevada and North Dakota have since decided to join the suit.

[…]

Ian Heath Gershengorn, an attorney for the Department of Justice, said the federal government will file a motion to dismiss the lawsuit saying the court does not have the jurisdictional authority to overturn the law.

“We feel there is a strong basis for a motion to dismiss,” he said.

Vinson set a Sept. 14 hearing to listen to arguments from both sides on that motion and set a tentative schedule that would move the case into late fall.

[…]

Nelson, Melissa (Associated Press). “Healthcare lawsuit”. Odessa American (Texas). April 14, 2010 1:58 PM. Available online as of 2010-04-14.