1
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COMPLAINT ( 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)
1 Civil Cover Sheet
View on PACER
2 Summons for All Defendants
View on PACER
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Nov. 4, 2021
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Nov. 4, 2021
Clearinghouse
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Conflict Check run. (MJY)
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Nov. 4, 2021
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Nov. 4, 2021
PACER
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2
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Summons 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)
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Nov. 4, 2021
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Nov. 4, 2021
PACER
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4
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NOTICE 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)
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Nov. 4, 2021
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Nov. 4, 2021
PACER
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5
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NOTICE 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)
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Nov. 4, 2021
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Nov. 4, 2021
PACER
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6
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NOTICE 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)
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Nov. 4, 2021
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Nov. 4, 2021
PACER
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7
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NOTICE 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)
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Nov. 4, 2021
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Nov. 4, 2021
PACER
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8
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NOTICE 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)
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Nov. 4, 2021
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Nov. 4, 2021
PACER
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9
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NOTICE 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)
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Nov. 4, 2021
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Nov. 4, 2021
PACER
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10
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NOTICE 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)
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Nov. 4, 2021
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Nov. 4, 2021
PACER
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11
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MOTION 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)
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Nov. 8, 2021
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Nov. 8, 2021
PACER
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12
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MOTION 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)
1 Affidavit Declaration of N. Antonio Niknejad
View on PACER
2 Affidavit Declaration of Fredercik W. Stevens
View on PACER
3 Affidavit Declaration of Scott A. Hildenbrand
View on PACER
4 Affidavit Declaration of Victor Maddox
View on PACER
5 Proposed Order
View on PACER
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Nov. 8, 2021
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Nov. 8, 2021
Clearinghouse
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13
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NOTICE 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)
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Nov. 8, 2021
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Nov. 8, 2021
PACER
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14
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ORDER: 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)
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Nov. 8, 2021
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Nov. 8, 2021
RECAP
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15
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NOTICE of Appearance by Jody D. Lowenstein on behalf of All Defendants (Lowenstein, Jody) (Entered: 11/09/2021)
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Nov. 9, 2021
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Nov. 9, 2021
PACER
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Notice of Docket Modification
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Nov. 9, 2021
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Nov. 9, 2021
PACER
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NOTICE 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)
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Nov. 9, 2021
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Nov. 9, 2021
PACER
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16
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MINUTE 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)
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Nov. 9, 2021
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Nov. 9, 2021
RECAP
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17
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ORDER: 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)
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Nov. 10, 2021
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Nov. 10, 2021
RECAP
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18
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NOTICE of Appearance by Zach A. Avallone on behalf of All Defendants (Avallone, Zach) (Entered: 11/12/2021)
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Nov. 12, 2021
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Nov. 12, 2021
PACER
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19
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MOTION 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)
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Nov. 12, 2021
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Nov. 12, 2021
PACER
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20
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MOTION 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)
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Nov. 12, 2021
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Nov. 12, 2021
PACER
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21
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MOTION 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)
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Nov. 12, 2021
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Nov. 12, 2021
PACER
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BAR 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)
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Nov. 15, 2021
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Nov. 15, 2021
PACER
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Bar Status Check completed
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Nov. 15, 2021
|
Nov. 15, 2021
PACER
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***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)
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Nov. 15, 2021
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Nov. 15, 2021
PACER
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Motion Submitted
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Nov. 15, 2021
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Nov. 15, 2021
PACER
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22
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AMENDED 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)
1 Attachment Exhibit A Complaint Redline
View on PACER
2 Attachment Flowers Declaration
View on PACER
3 Attachment Contract - KY (Menifee) with FS USDA
View on PACER
4 Attachment Contract - KY (Jackson) with FS USDA
View on PACER
5 Attachment Easement - KY DFWR (Pulaski) with DOA
View on PACER
6 Attachment Contract - KY DMA with USFG
View on PACER
7 Attachment Contract - KY DMA with NGB
View on PACER
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Nov. 15, 2021
|
Nov. 15, 2021
Clearinghouse
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23
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NOTICE OF APPEARANCE by American Medical Association. (Attachments: # 1 Corporate Disclosure Statement)(Tachau, David) (Entered: 11/16/2021)
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Nov. 16, 2021
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Nov. 16, 2021
PACER
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24
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MOTION 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)
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Nov. 16, 2021
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Nov. 16, 2021
PACER
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25
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MOTION 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)
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Nov. 16, 2021
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Nov. 16, 2021
PACER
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26
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MOTION 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)
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Nov. 16, 2021
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Nov. 16, 2021
PACER
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27
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RESPONSE 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)
1 Declaration of Natalie Carr
View on PACER
2 Exhibit 1 - Email Correspondence
View on PACER
3 Exhibit 2 - Amendment of Solicitation
View on PACER
4 Exhibit 3 - Homeland Security Memorandum
View on PACER
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Nov. 16, 2021
|
Nov. 16, 2021
Clearinghouse
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28
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FRCP 7.1 DISCLOSURE STATEMENT by American Medical Association. Filed pursuant to QC re DE 23 . (JJ) (Entered: 11/17/2021)
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Nov. 16, 2021
|
Nov. 16, 2021
PACER
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38
|
AMICUS 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)
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Nov. 16, 2021
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Nov. 16, 2021
PACER
|
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BAR 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)
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Nov. 17, 2021
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Nov. 17, 2021
PACER
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NOTICE 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)
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Nov. 17, 2021
|
Nov. 17, 2021
PACER
|
|
Notice of Docket Modification
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Nov. 17, 2021
|
Nov. 17, 2021
PACER
|
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NOTICE 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)
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Nov. 17, 2021
|
Nov. 17, 2021
PACER
|
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NOTICE 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)
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Nov. 17, 2021
|
Nov. 17, 2021
PACER
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29
|
MOTION 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)
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Nov. 17, 2021
|
Nov. 17, 2021
PACER
|
|
Notice of Deficiency
|
Nov. 17, 2021
|
Nov. 17, 2021
PACER
|
|
Bar Status Check completed
|
Nov. 17, 2021
|
Nov. 17, 2021
PACER
|
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NOTICE 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)
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Nov. 17, 2021
|
Nov. 17, 2021
PACER
|
|
BAR 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)
|
Nov. 17, 2021
|
Nov. 17, 2021
PACER
|
30
|
ORDER: 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)
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Nov. 17, 2021
|
Nov. 17, 2021
PACER
|
31
|
MOTION for Leave to File Excess Pages by Commonwealth of Kentucky (Attachments: # 1 Proposed Order Proposed Order Granting)(Thacker, Christopher) (Entered: 11/17/2021)
|
Nov. 17, 2021
|
Nov. 17, 2021
PACER
|
32
|
REPLY 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)
|
Nov. 17, 2021
|
Nov. 17, 2021
PACER
|
33
|
ORDER: 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)
|
Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
34
|
ORDER: 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)
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Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
35
|
ORDER: 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)
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Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
36
|
ORDER: 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, 2021
|
Nov. 18, 2021
PACER
|
|
Notice for Attorney to Request E-Filing Privileges
|
Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
|
NOTICE 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)
|
Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
|
NOTICE 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)
|
Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
|
NOTICE 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)
|
Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
|
NOTICE 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)
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Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
37
|
ORDER: 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)
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Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
39
|
Pro Hac Vice Filing fee received - Dianna Shew - $ 125.00, receipt number 3002678 (JJ) (Entered: 11/18/2021)
|
Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
40
|
ORDER: 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)
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Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
41
|
MINUTE 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)
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Nov. 18, 2021
|
Nov. 18, 2021
PACER
|
42
|
Pro Hac Vice Filing fee received - Brandon J. Smith - $ 125.00, receipt number 3002680 (JJ) (Entered: 11/19/2021)
|
Nov. 19, 2021
|
Nov. 19, 2021
PACER
|
|
Clerk's Note
|
Nov. 19, 2021
|
Nov. 19, 2021
PACER
|
43
|
TRANSCRIPT REQUEST by Commonwealth of Kentucky for proceedings held on 11/18/2021 before Judge Van Tatenhove.. (Becker, Heather) (Entered: 11/19/2021)
|
Nov. 19, 2021
|
Nov. 19, 2021
PACER
|
|
Bar Status Check completed
|
Nov. 19, 2021
|
Nov. 19, 2021
PACER
|
44
|
TRANSCRIPT 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)
|
Nov. 19, 2021
|
Nov. 19, 2021
PACER
|
|
Notice of Deficiency
|
Nov. 19, 2021
|
Nov. 19, 2021
PACER
|
45
|
MOTION 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, 2021
|
Nov. 19, 2021
PACER
|
|
Motion Submitted
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Nov. 19, 2021
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Nov. 19, 2021
PACER
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Clerk's Note re 44 Transcript Request & 43 Transcript Request: Clerk forwarded requests to the appropriate Court Reporter and SKV. (JJ)
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Nov. 19, 2021
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Nov. 19, 2021
PACER
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BAR 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)
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Nov. 19, 2021
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Nov. 19, 2021
PACER
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NOTICE 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)
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Nov. 19, 2021
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Nov. 19, 2021
PACER
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***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)
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Nov. 19, 2021
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Nov. 19, 2021
PACER
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46
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ORDER: 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)
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Nov. 22, 2021
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Nov. 22, 2021
PACER
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Notice for Attorney to Request E-Filing Privileges
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Nov. 22, 2021
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Nov. 22, 2021
PACER
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47
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ORDER: 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)
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Nov. 22, 2021
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Nov. 22, 2021
PACER
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48
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ORDER: 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)
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Nov. 22, 2021
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Nov. 22, 2021
PACER
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NOTICE 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)
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Nov. 22, 2021
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Nov. 22, 2021
PACER
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49
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TRANSCRIPT 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)
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Nov. 24, 2021
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Nov. 24, 2021
PACER
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50
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OPINION & 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)
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Nov. 30, 2021
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Nov. 30, 2021
Clearinghouse
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51
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Mail 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)
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Dec. 2, 2021
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Dec. 2, 2021
PACER
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52
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NOTICE 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)
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Dec. 3, 2021
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Dec. 3, 2021
RECAP
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53
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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 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)
1 Exhibit Ex. A - Decl. of L. Field
View on PACER
2 Proposed Order
View on PACER
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Dec. 3, 2021
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Dec. 3, 2021
Clearinghouse
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54
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NOTICE 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)
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Dec. 4, 2021
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Dec. 4, 2021
RECAP
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55
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USCA 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)
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Dec. 6, 2021
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Dec. 6, 2021
RECAP
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56
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ORDER: 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)
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Dec. 6, 2021
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Dec. 6, 2021
RECAP
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57
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RESPONSE 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)
1 Affidavit Silletto Decl.
View on PACER
2 Exhibit Nov. 18 Univ. of Louisville Email
View on PACER
3 Exhibit Dec. 7 Univ. of Louisville Email
View on PACER
4 Affidavit Cosby Decl.
View on PACER
5 Exhibit Representative GSA Emails
View on PACER
6 Exhibit Sample Letter Attached to All GSA Emails
View on PACER
7 Exhibit Dated GSA Emails
View on PACER
8 Proposed Order Prop Order Denying E Stay
View on PACER
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Dec. 8, 2021
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Dec. 8, 2021
RECAP
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NOTICE 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)
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Dec. 8, 2021
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Dec. 8, 2021
PACER
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58
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REPLY 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)
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Dec. 9, 2021
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Dec. 9, 2021
PACER
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***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)
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Dec. 10, 2021
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Dec. 10, 2021
PACER
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59
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ORDER: 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)
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Dec. 10, 2021
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Dec. 10, 2021
Clearinghouse
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60
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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, 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)
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Dec. 20, 2021
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Dec. 20, 2021
RECAP
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***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)
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Dec. 20, 2021
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Dec. 20, 2021
PACER
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***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 6 Notice to Attorney - no response. (CBD)
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Dec. 28, 2021
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Dec. 28, 2021
PACER
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61
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ORDER: 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)
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Jan. 3, 2022
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Jan. 3, 2022
Clearinghouse
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62
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ORDER 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)
1 Cover Letter - No Mandate to Issue
View on PACER
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Jan. 6, 2022
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Jan. 6, 2022
Clearinghouse
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63
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ORDER of USCA as to 52 Notice of Appeal - It is ORDERED that the motion of Mr. Brett Robert Nolan to withdraw as counsel for the appellee Commonwealth of Kentucky is hereby GRANTED. (JJ) (Entered: 12/07/2022)
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Dec. 7, 2022
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Dec. 7, 2022
PACER
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64
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INFORMATION COPY OF ORDER/JUDGMENT of USCA as to 52 Notice of Appeal: We affirm the district court's decision to preliminarily enjoin the federal government from enforcing the mandate, but we modify the scope of the injunction. (Attachments: # 1 Cover Sheet -Mandate to Issue)(CBD) (Entered: 03/07/2023)
1 Cover Sheet - Mandate to Issue
View on PACER
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March 7, 2023
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March 7, 2023
PACER
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65
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MANDATE of USCA as to 52 Notice of Appeal 21-67147: We affirm the district court's decision to preliminarily enjoin the federal government from enforcing the mandate, but we modify the scope of the injunction. (Attachments: # 1 Cover Letter)(CBD) (Entered: 03/07/2023)
1 Cover Letter
View on PACER
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March 7, 2023
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March 7, 2023
PACER
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***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 65 USCA Mandate and 61 Order Staying Case until Resolution of Appeal. (CBD)
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March 7, 2023
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March 7, 2023
PACER
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