Case: Kentucky v. Biden

3:21-cv-00055 | U.S. District Court for the Eastern District of Kentucky

Filed Date: Nov. 4, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

COVID-19 Summary: In this case, Kentucky, Tennessee, and Ohio sued to block the federal vaccine mandate which required federal contractors and subcontractors to become vaccinated prior to December 6, 2021. The judge granted the preliminary injunction on November 30, 2021, which enjoined the defendants from implementing the vaccination requirements in the states party to the lawsuit. The defendants appealed and the case remains ongoing. This case is about whether the federal government can requ…

COVID-19 Summary: In this case, Kentucky, Tennessee, and Ohio sued to block the federal vaccine mandate which required federal contractors and subcontractors to become vaccinated prior to December 6, 2021. The judge granted the preliminary injunction on November 30, 2021, which enjoined the defendants from implementing the vaccination requirements in the states party to the lawsuit. The defendants appealed and the case remains ongoing.


This case is about whether the federal government can require federal government contractors to receive a COVID-19 vaccination. President Joe Biden signed an executive order in September 2021 that required federal departments and agencies to require contractors and subcontractors to comply with guidance published by the Safer Federal Workforce Task Force ("Task Force"), which was created in January 2021 to provide guidance to heads of federal agencies regarding government functions during the COVID-19 pandemic. On September 24, 2021, the Task Force released its initial guidance to federal agencies, which required that all federal contractors and subcontractors be fully vaccinated by December 8, 2021, unless the employee is entitled to an accommodation. The Office of Management and Budget ("OMB"), which oversees the Task Force, adopted the Task Force's guidance on September 28. On September 30, the Federal Acquisition Regulation ("FAR") Council issued guidance to government officials with the responsibility for government contracting to assist agencies in mandating compliance with the Task Force's guidance.

On November 4, 2021, the Commonwealth of Kentucky, the States of Tennessee and Ohio, and two Ohio county sheriffs brought this action in the U.S. District Court for the Eastern District of Kentucky against the federal government to enjoin the mandate for federal contractors and subcontractors. The plaintiffs alleged that several federal governmental bodies violated the Administrative Procedure Act ("APA") and that the mandate was in violation of the non-delegation doctrine, the principles of federalism, and was an unconstitutional exercise of the Spending Clause in Article I of the U.S. Constitution. The case was assigned to Judge Gregory F. Van Tatenhove.

The plaintiffs alleged that OMB's approval of the Task Force's guidance was in violation of the APA because it was contrary to law and in excess of OMB's statutory authority. The plaintiffs argued that OMB's approval violated 41 U.S.C. § 1303 because it was a government-wide procurement regulation, which only the FAR Council may issue. The plaintiffs also argued that the approval was contrary to law because the Federal Property and Administrative Services Act ("FPASA"), which is the statute that allowed for the establishment of the FAR Council to coordinate government-wide procurement policy, does not grant the President the power to issue orders with the force or effect of law. The plaintiffs also contended that, even if the FPASA authorized the President to issue orders with the force of law, it would not authorize OMB's approval of the Task Force's guidance. In addition, the plaintiffs argued that OMB's approval of the Task Force's guidance was inconsistent with the requirements of the Competition in Contracting Act, which requires federal agencies to provide for full and open competition through the use of competitive procedures. The plaintiffs contended that precluding an entire class of contractors from working for the federal government would violate the requirement of full and open competition.

Next, the plaintiffs alleged that the FAR Council's guidance was in violation of the APA because it failed to explain what authority enables the FAR Council to create a government-wide procurement regulation mandating vaccines for contractors. The plaintiffs also contended that the OMB approval of the Task Force's guidance violated the APA because OMB failed to conduct a 60-day notice and comment period, which is required by 41 U.S.C. § 1707. The plaintiffs made an identical claim against the FAR Council for its failure to conduct a notice and comment period. The plaintiffs also argued that OMB's approval of the Task Force's guidance and the FAR Council's guidance violated the APA by being arbitrary and capricious agency actions because both bodies failed to conduct their own independent analyses and instead relied on the Task Force's guidance.

The plaintiffs also alleged that the President's executive order was an ultra vires action, because the FPASA is not a public health statute that allows for a sweeping vaccination mandate. The plaintiffs also contended that the mandate violated the non-delegation doctrine, since the President's executive order was not explicitly authorized by Congress or any existing federal statute. The plaintiffs also argued that the U.S. Constitution does not authorize the federal agencies of the executive branch to implement the imposed mandates and argued that the power to do so lies with the states under the Tenth Amendment. Lastly, the plaintiffs alleged that the mandates were an unconstitutional condition on the states' receipt of federal funds.

The plaintiffs sought a declaratory judgment that the vaccine mandate for federal contractors is unlawful and an injunction setting aside the executive order, the OMB's approval of the Task Force's guidance, and the FAR Council's guidance.

On November 8 2021, the plaintiffs moved for a temporary restraining order and preliminary injunction. On November 15, 2021, the plaintiffs amended their complaint. The complaint added factual detail regarding the monetary value of the federal contracts in each of the plaintiff states. The complaint also updated the OMB's activity, since it rescinded its initial approval of the Task Force's guidance and issued a new determination on November 10, 2021, which replicated the initial findings. While the new determination was subject to comment, it remained effective immediately. The plaintiffs' substantive allegations against the federal government remained the same.

On November 30, 2021, the court granted the plaintiffs' motion for a preliminary injunction. First, the court determined that the plaintiffs had standing to sue under Article III of the United States Constitution. The court found that federal contracts constitute a significant amount of monetary inflows for each of the plaintiff states and that federal contractors and subcontractors in each of the states is likely to continue bidding for contracting opportunities in the future. The court also found that the fact that governmental agencies were already requesting that current contracts not officially subject to the vaccine mandate comply with the mandate also indicated a threat of future harm to the plaintiff states since they may be blacklisted in the future for failure to comply. The court concluded that the plaintiff states had sufficiently demonstrated that the states had suffered an injury in fact, that the injury was traceable to the defendants' actions, and that an injunction against the mandate would redress the plaintiffs' injuries.

After conducting an analysis of the plaintiffs' standing to sue, the court moved on to the preliminary injunction prongs: (1) likelihood of success on the merits; (2) the likelihood of irreparable harm to the plaintiffs in absence of an injunction; (3) whether the issuance of the injunction would cause substantial harm to others; and (4) whether the public interest would be served by issuing the injunction. In determining whether the plaintiffs were likely to succeed on the merits of the case, the court first inquired whether President Biden exceeded his authority under FPASA in promulgating the vaccine mandate executive order. The court pointed out that, while FPASA provides broad delegation of powers to the president, that the procurement power must still be exercised consistently with the structure and purposes of the statute that delegates that power. The court noted that it is unlikely that Congress intended a procurement statute such as FPASA to be the basis for a public health executive order and that such a reading would allow the president to enact virtually any measure under the guise of economy and efficiency. The court also emphasized the breadth of the mandate, which would apply to federal contractors and subcontractors who work from home and are not at risk of spreading COVID-19. Given these concerns, the court concluded that the president exceeded his authority under the FPASA.

The court next analyzed the statutory and constitutional implications from President Biden exceeding his authority under the FPASA, including the Competition in Contracting Act, the nondelegation doctrine, and concerns regarding federalism and the Tenth Amendment. Based on the Competition in Contracting Act's requirement that the federal government provide full and open competition through the use of competitive procedures, the court found that the defendants could exclude unvaccinated contractors and subcontractors from federal contracts without running afoul of the statute. Next, the court inquired as to whether Congress, in its passage of FPASA, supplied an intelligible principle to guide the President's use of discretion, as required by the nondelegation doctrine. On the nondelegation issue, the court declined to decide whether the plaintiffs or defendants were likely to succeed on the merits, stating that it would be useful for appellate courts to further develop the contours of the nondelegation doctrine in light of the pandemic and the scarce case law on the issue. The court also noted its concerns that the defendants had stepped into an area traditionally reserved to the states, which provided an additional reason to temporarily enjoin the mandate.

After analyzing the substantive statutory and constitutional provisions at issue in the case, the court discussed whether the federal government had followed the proper administrative procedures in promulgating the mandate. The court found that the defendants likely followed the procedures required by the Administrative Procedure Act, since the FAR Council Guidance is not subject to judicial review pursuant the APA as it does not constitute a final agency action. In addition, the court found that the plaintiffs' challenge to the FAR Council Guidance was unlikely to succeed on the merits given its nonbinding nature. While the court found that the FAR Council Guidance was not judicially reviewable, it found that the OMB Determination was reviewable but that this agency action was taken using the proper administrative procedures and that it was not arbitrary and capricious.

Despite its finding that the defendants followed the appropriate procedural requirements in promulgating the vaccine mandate, the court found that the president exceeded his authority and that the plaintiffs had valid constitutional concerns regarding the mandate. The court also found that the plaintiffs were likely to suffer irreparable harm without preliminary relief and that preliminary relief would not be contrary to the public interest. The court determined that the proper scope of the preliminary injunction to be the plaintiff states: Kentucky, Ohio, and Tennessee.

On December 3, 2021, the defendants appealed the preliminary injunction to the Sixth Circuit and filed an emergency motion to stay the case pending appeal. On December 10, 2021, the district court denied the emergency motion for the same reasons that it granted the preliminary injunction. On December 20, the parties jointly moved to stay the proceedings in the district court pending the final resolution of the defendants' appeal of the preliminary injunction. The joint motion was granted on January 3, 2022. 

Summary Authors

Nicholas Gillan (6/7/2022)

Documents in the Clearinghouse

Document

3:21-cv-00055

Docket [PACER]

Commonwealth of Kentucky v. Biden

Dec. 6, 2021

Dec. 6, 2021

Docket
1

3:21-cv-00055

Complaint

Commonwealth of Kentucky v. Biden

Nov. 4, 2021

Nov. 4, 2021

Complaint
12

3:21-cv-00055

Plaintiffs' Motion for a Temporary Restraining Order and Preliminary Injunction

Commonwealth of Kentucky v. Biden

Nov. 8, 2021

Nov. 8, 2021

Pleading / Motion / Brief
27

3:21-cv-00055

Defendants' Opposition to Plaintiffs' Motion for a Preliminary Injunction

Commonwealth of Kentucky v. Biden

Nov. 16, 2021

Nov. 16, 2021

Pleading / Motion / Brief
22

3:21-cv-00055

First Amended Complaint

Commonwealth of Kentucky v. Biden

Nov. 25, 2021

Nov. 25, 2021

Complaint
50

3:21-cv-00055

Opinion & Order

Commonwealth of Kentucky v. Biden

2021 WL 5587446

Nov. 30, 2021

Nov. 30, 2021

Order/Opinion
53

3:21-cv-00055

Defendants' Emergency Motion for Stay Pending Appeal and for Immediate Administrative Stay

Commonwealth of Kentucky v. Biden

Dec. 3, 2021

Dec. 3, 2021

Pleading / Motion / Brief
59

3:21-cv-00055

Order

Commonwealth of Kentucky v. Biden

Dec. 10, 2021

Dec. 10, 2021

Order/Opinion
61

3:21-cv-00055

Order

Commonwealth of Kentucky v. Biden

Jan. 3, 2022

Jan. 3, 2022

Order/Opinion
62

3:21-cv-00055

21-06147

Opinion

Commonwealth of Kentucky v. Biden

23 F.4th 585

Jan. 6, 2022

Jan. 6, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60699999/commonwealth-of-kentucky-v-biden/

Last updated July 29, 2022, 3:07 a.m.

ECF Number Description Date Link Date / Link
1

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

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2 Summons for All Defendants

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Nov. 4, 2021

Nov. 4, 2021

Clearinghouse

Conflict Check run. (MJY)

Nov. 4, 2021

Nov. 4, 2021

PACER
2

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)

Nov. 4, 2021

Nov. 4, 2021

PACER
4

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)

Nov. 4, 2021

Nov. 4, 2021

PACER
5

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)

Nov. 4, 2021

Nov. 4, 2021

PACER
6

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)

Nov. 4, 2021

Nov. 4, 2021

PACER
7

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)

Nov. 4, 2021

Nov. 4, 2021

PACER
8

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)

Nov. 4, 2021

Nov. 4, 2021

PACER
9

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)

Nov. 4, 2021

Nov. 4, 2021

PACER
10

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)

Nov. 4, 2021

Nov. 4, 2021

PACER
11

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)

Nov. 8, 2021

Nov. 8, 2021

PACER
12

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

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2 Affidavit Declaration of Fredercik W. Stevens

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3 Affidavit Declaration of Scott A. Hildenbrand

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4 Affidavit Declaration of Victor Maddox

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5 Proposed Order

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Nov. 8, 2021

Nov. 8, 2021

Clearinghouse
13

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)

Nov. 8, 2021

Nov. 8, 2021

PACER
14

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)

Nov. 8, 2021

Nov. 8, 2021

RECAP
15

NOTICE of Appearance by Jody D. Lowenstein on behalf of All Defendants (Lowenstein, Jody) (Entered: 11/09/2021)

Nov. 9, 2021

Nov. 9, 2021

PACER

Notice of Docket Modification

Nov. 9, 2021

Nov. 9, 2021

PACER

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)

Nov. 9, 2021

Nov. 9, 2021

PACER
16

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)

Nov. 9, 2021

Nov. 9, 2021

RECAP
17

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)

Nov. 10, 2021

Nov. 10, 2021

RECAP
18

NOTICE of Appearance by Zach A. Avallone on behalf of All Defendants (Avallone, Zach) (Entered: 11/12/2021)

Nov. 12, 2021

Nov. 12, 2021

PACER
19

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)

Nov. 12, 2021

Nov. 12, 2021

PACER
20

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)

Nov. 12, 2021

Nov. 12, 2021

PACER
21

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)

Nov. 12, 2021

Nov. 12, 2021

PACER

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)

Nov. 15, 2021

Nov. 15, 2021

PACER

Bar Status Check completed

Nov. 15, 2021

Nov. 15, 2021

PACER

***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)

Nov. 15, 2021

Nov. 15, 2021

PACER

Motion Submitted

Nov. 15, 2021

Nov. 15, 2021

PACER
22

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

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2 Attachment Flowers Declaration

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3 Attachment Contract - KY (Menifee) with FS USDA

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4 Attachment Contract - KY (Jackson) with FS USDA

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5 Attachment Easement - KY DFWR (Pulaski) with DOA

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6 Attachment Contract - KY DMA with USFG

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7 Attachment Contract - KY DMA with NGB

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Nov. 15, 2021

Nov. 15, 2021

Clearinghouse
23

NOTICE OF APPEARANCE by American Medical Association. (Attachments: # 1 Corporate Disclosure Statement)(Tachau, David) (Entered: 11/16/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER
24

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)

Nov. 16, 2021

Nov. 16, 2021

PACER
25

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)

Nov. 16, 2021

Nov. 16, 2021

PACER
26

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)

Nov. 16, 2021

Nov. 16, 2021

PACER
27

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

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2 Exhibit 1 - Email Correspondence

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3 Exhibit 2 - Amendment of Solicitation

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4 Exhibit 3 - Homeland Security Memorandum

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Nov. 16, 2021

Nov. 16, 2021

Clearinghouse
28

FRCP 7.1 DISCLOSURE STATEMENT by American Medical Association. Filed pursuant to QC re DE 23 . (JJ) (Entered: 11/17/2021)

Nov. 16, 2021

Nov. 16, 2021

PACER
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)

Nov. 16, 2021

Nov. 16, 2021

PACER

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)

Nov. 17, 2021

Nov. 17, 2021

PACER

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)

Nov. 17, 2021

Nov. 17, 2021

PACER

Notice of Docket Modification

Nov. 17, 2021

Nov. 17, 2021

PACER

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)

Nov. 17, 2021

Nov. 17, 2021

PACER

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)

Nov. 17, 2021

Nov. 17, 2021

PACER
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)

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

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)

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)

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)

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)

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)

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)

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)

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)

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

Nov. 19, 2021

Nov. 19, 2021

PACER

Clerk's Note re 44 Transcript Request & 43 Transcript Request: Clerk forwarded requests to the appropriate Court Reporter and SKV. (JJ)

Nov. 19, 2021

Nov. 19, 2021

PACER

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)

Nov. 19, 2021

Nov. 19, 2021

PACER

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)

Nov. 19, 2021

Nov. 19, 2021

PACER

***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)

Nov. 19, 2021

Nov. 19, 2021

PACER
46

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)

Nov. 22, 2021

Nov. 22, 2021

PACER

Notice for Attorney to Request E-Filing Privileges

Nov. 22, 2021

Nov. 22, 2021

PACER
47

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)

Nov. 22, 2021

Nov. 22, 2021

PACER
48

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)

Nov. 22, 2021

Nov. 22, 2021

PACER

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)

Nov. 22, 2021

Nov. 22, 2021

PACER
49

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)

Nov. 24, 2021

Nov. 24, 2021

PACER
50

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)

Nov. 30, 2021

Nov. 30, 2021

Clearinghouse
51

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)

Dec. 2, 2021

Dec. 2, 2021

PACER
52

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)

Dec. 3, 2021

Dec. 3, 2021

RECAP
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 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

Dec. 3, 2021

Dec. 3, 2021

Clearinghouse
54

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)

Dec. 4, 2021

Dec. 4, 2021

RECAP
55

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)

Dec. 6, 2021

Dec. 6, 2021

RECAP
56

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)

Dec. 6, 2021

Dec. 6, 2021

RECAP
57

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

Dec. 8, 2021

Dec. 8, 2021

RECAP

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)

Dec. 8, 2021

Dec. 8, 2021

PACER
58

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)

Dec. 9, 2021

Dec. 9, 2021

PACER

***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)

Dec. 10, 2021

Dec. 10, 2021

PACER
59

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)

Dec. 10, 2021

Dec. 10, 2021

Clearinghouse
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, 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

Dec. 20, 2021

RECAP

***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)

Dec. 20, 2021

Dec. 20, 2021

PACER

***FILE SUBMITTED TO CHAMBERS of Judge Van Tatenhove for review: 6 Notice to Attorney - no response. (CBD)

Dec. 28, 2021

Dec. 28, 2021

PACER
61

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)

Jan. 3, 2022

Jan. 3, 2022

Clearinghouse
62

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

Jan. 6, 2022

Jan. 6, 2022

RECAP

Case Details

State / Territory: Kentucky

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: Nov. 4, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Three U.S. states and two Ohio county sheriffs

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

President of the United States of America (- United States (national) -), Federal

United States of America (- United States (national) -), Federal

United States Office of Management and Budget (- United States (national) -), Federal

Federal Acquisition Regulatory Council (- United States (national) -), Federal

Safer Federal Workforce Task Force (- United States (national) -), Federal

United States Office of Personnel Management (- United States (national) -), Federal

General Services Administration (- United States (national) -), Federal

United States Department of Health and Human Services (- United States (national) -), Federal

United States Department of Labor (- United States (national) -), Federal

United States Consumer Product Safety Commission (- United States (national) -), Federal

United States Department of Homeland Security (- United States (national) -), Federal

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Federalism (including 10th Amendment)

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation