Case: Health Freedom Defense Fund, Inc. v. Biden

COMPLAINT for Declaratory Relief against All Defendants with Jury Demand (Filing fee $ 402 receipt number AFLMDC-18464670) filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit Composite D, # 5 Civil Cover Sheet, # 6 Proposed Summons, # 7 Proposed Summons, # 8 Proposed Summons, # 9 Proposed Summons, # 10 Proposed Summons, # 11 Proposed Summons, # 12 Proposed Summons)(Hadaway, Brant) Modified on 7/13/2021 to edit text (CRH). (Entered: 07/12/2021)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Composite Exhibit D

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5 Civil Cover Sheet

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6 Proposed Summons

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7 Proposed Summons

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8 Proposed Summons

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9 Proposed Summons

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10 Proposed Summons

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11 Proposed Summons

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12 Proposed Summons

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NEW CASE ASSIGNED to Judge Kathryn K. Mizelle and Magistrate Judge Anthony E. Porcelli. New case number: 8:21-cv-1693-KKM-AEP. (SJB) (Entered: 07/13/2021)

NOTICE to counsel George R. Wentz, Jr. Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (CRH) (Entered: 07/13/2021)

SUMMONS issued as to Xavier Becerra, Joseph R. Biden, Jr., Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, The United States of America, Rochelle P. Walensky. (CRH) (Entered: 07/13/2021)

Verified MOTION for George R. Wentz, Jr. to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18468530 for $150 by All Plaintiffs. (Attachments: # 1 Exhibit A - Certificate of Good Standing, # 2 Exhibit Attorney Certification Form Signed by George Wentz)(Hadaway, Brant) Motions referred to Magistrate Judge Anthony E. Porcelli. Modified on 7/14/2021 to edit text (CRH). (Entered: 07/13/2021)

ENDORSED ORDER granting 5 Motion to Appear Pro Hac Vice. Attorney George R. Wentz, Jr., may appear pro hac vice on behalf of Plaintiffs. Within twenty-one (21) days of the date of this order, counsel shall comply with the electronic filing requirements and file a notice of compliance with said requirements. Signed by Magistrate Judge Anthony E. Porcelli on 7/13/2021. (JMF) (Entered: 07/13/2021)

Case Assigned/Reassigned

Notice to Counsel of Local Rule

Order on Motion to Appear Pro Hac Vice

CIVIL CASE ORDER. Counsel and any unrepresented party shall meet within forty days after any defendant appears for the purposes of preparing and filing a Case Management Report. Signed by Judge Kathryn Kimball Mizelle on 7/14/2021. (NPC) (Entered: 07/14/2021)

NOTICE of Service by Ana Carolina Daza, Health Freedom Defense Fund, Inc., Sarah Pope. (Attachments: # 1 Exhibit A - Returned Receipts, # 2 Exhibit B - Tracking History, # 3 Exhibit C - Affidavit of Service, # 4 Exhibit D - Return Receipt)(Hadaway, Brant) Modified on 7/28/2021 to edit text (CRH). (Entered: 07/28/2021)

1 Exhibit A - Returned Receipts

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2 Exhibit B - Tracking History

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3 Exhibit C - Affidavit of Service

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4 Exhibit D - Return Receipt

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CERTIFICATE of interested persons and corporate disclosure statement re 7 Order pdf by Ana Carolina Daza, Health Freedom Defense Fund, Inc., Sarah Pope. (Hadaway, Brant) (Entered: 07/28/2021)

NOTICE of a related action per Local Rule 1.07(c) by Ana Carolina Daza, Health Freedom Defense Fund, Inc., Sarah Pope. Related case(s): Yes (Hadaway, Brant) (Entered: 07/28/2021)

SUMMONS returned executed by Sarah Pope, Ana Carolina Daza, Health Freedom Defense Fund, Inc. The United States of America served on 7/15/2021, answer due 9/13/2021. (Hadaway, Brant) Modified on 7/29/2021 to edit text (CRH). (Entered: 07/28/2021)

RETURN of service executed on 07/19/2021 by Sarah Pope, Ana Carolina Daza, Health Freedom Defense Fund, Inc. as to Xavier Becerra, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, Rochelle P. Walensky. (Attachments: # 1 Exhibit A - Attorney General, # 2 Exhibit B - Xavier Becerra, # 3 Exhibit C - HHS, # 4 Exhibit D - CDC, # 5 Exhibit E - Rochelle Walensky, # 6 Exhibit F - Martin Cetron)(Hadaway, Brant) Modified on 8/3/2021 to edit text (CRH). (Entered: 08/02/2021)

1 Exhibit A - Attorney General

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2 Exhibit B - Xavier Becerra

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3 Exhibit C - HHS

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4 Exhibit D - CDC

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5 Exhibit E - Rochelle Walensky

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6 Exhibit F - Martin Cetron

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RETURN of service executed on 07/23/2021 by Sarah Pope, Ana Carolina Daza, Health Freedom Defense Fund, Inc. as to Joseph R. Biden, Jr. (Attachments: # 1 Exhibit A - Joseph R. Biden, Jr.)(Hadaway, Brant) Modified on 8/3/2021 to edit text (CRH). (Entered: 08/02/2021)

NOTICE of Appearance by Stephen Michael Pezzi on behalf of Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, The United States of America, Rochelle P. Walensky. (Pezzi, Stephen) Modified on 9/7/2021 to edit text (CRH). (Entered: 09/03/2021)

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by All Defendants. (Pezzi, Stephen) (Entered: 09/03/2021)

ENDORSED ORDER granting 15 Defendants' Unopposed Motion for Extension of Time to file response to complaints. Responsive pleading is now due October 13, 2021. Signed by Judge Kathryn Kimball Mizelle on 9/6/2021. (SMR) (Entered: 09/06/2021)

Order on Motion for Extension of Time to Answer

NOTICE of a related action per Local Rule 1.07(c) by Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, The United States of America, Rochelle P. Walensky. Related case(s): Yes (Pezzi, Stephen) (Entered: 09/17/2021)

CERTIFICATE of interested persons and corporate disclosure statement re 7 Order pdf by Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, The United States of America, Rochelle P. Walensky. (Pezzi, Stephen) (Entered: 09/17/2021)

MOTION to Transfer Case Under Local Rule 1.07(a)(2)(B) by All Defendants. (Pezzi, Stephen) Modified text on 10/14/2021 (JLD). (Entered: 10/13/2021)

ANSWER to 1 Complaint by Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky.(Pezzi, Stephen) (Entered: 10/13/2021)

Unopposed MOTION for Extension of Time to File Response/Reply as to 19 MOTION to Transfer Case Under Local Rule 1.07(a)(2)(B) by All Plaintiffs. (Hadaway, Brant) (Entered: 10/15/2021)

***DISCHARGED per 25 Endorsed Order. ***ENDORSED ORDER TO SHOW CAUSE: Plaintiffs are directed to show cause by a written response, filed on or before October 26, 2021, as to why this case should not be dismissed pursuant to Local Rule 3.10 for lack of prosecution due to the non-filing of a case management report within the time prescribed by the Court's order (Doc. 7); see also Local Rule 3.02(b)(2). Failure to respond will result in this action being dismissed without prejudice without further notice. Signed by Judge Kathryn Kimball Mizelle on 10/15/2021. (SMR) Modified on 11/12/2021 (JLD). (Entered: 10/15/2021)

ENDORSED ORDER granting 21 Plaintiffs' Unopposed Motion for Extension of Time to File Response to 19 Defendants' Motion to Transfer. Any response from Plaintiffs to Defendants' Motion to Transfer is due by November 8, 2021. Signed by Judge Kathryn Kimball Mizelle on 10/15/2021. (SMR) (Entered: 10/15/2021)

RESPONSE TO ORDER TO SHOW CAUSE re 22 Order to show cause filed by Ana Carolina Daza, Health Freedom Defense Fund, Inc., Sarah Pope. (Hadaway, Brant) (Entered: 10/15/2021)

Order to show cause

Order on Motion for Extension of Time to File Response / Reply

ENDORSED ORDER: Upon review of Plaintiffs' 24 response, the Court discharges its 22 prior show cause order. The parties shall confer and file a joint scheduling proposal by November 10, 2021. The proposal must include a deadline for filing a certified copy of the administrative record and a briefing scheduling. Unless the parties agree that it is unnecessary, the briefing schedule should include a deadline for motions to consider extra-record evidence. Signed by Judge Kathryn Kimball Mizelle on 10/18/2021. (EDB) (Entered: 10/18/2021)

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MEMORANDUM in opposition re 19 Motion to Change Venue / Transfer Case filed by Ana Carolina Daza, Health Freedom Defense Fund, Inc., Sarah Pope. (Hadaway, Brant) (Entered: 11/08/2021)

RESPONSE re 25 Order of Joint Scheduling Proposal filed by Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Pezzi, Stephen) Modified text on 11/12/2021 (JLD). (Entered: 11/10/2021)

CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Kathryn Kimball Mizelle on 11/12/2021. (EDB) (Entered: 11/12/2021)

NOTICE of Filing of Certified Administrative Record by Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Attachments: # 1 Signed Certification, # 2 Index)(Pezzi, Stephen) Modified text on 11/17/2021 (JLD). (Entered: 11/17/2021)

NOTICE of Filing of Certified Administrative Record (Part 1 of 5) by Xavier Becerra, Joseph R. Biden, Jr., Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Pezzi, Stephen) Modified text on 11/17/2021 (JLD). (Entered: 11/17/2021)

NOTICE of Filing of Certified Administrative Record (Part 2 of 5) by Xavier Becerra, Joseph R. Biden, Jr., Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Pezzi, Stephen) Modified text on 11/17/2021 (JLD). (Entered: 11/17/2021)

NOTICE of Filing of Certified Administrative Record (Part 3 of 5) by Xavier Becerra, Joseph R. Biden, Jr., Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Pezzi, Stephen) Modified text on 11/17/2021 (JLD). (Entered: 11/17/2021)

NOTICE of Filing of Certified Administrative Record (Part 4 of 5) by Xavier Becerra, Joseph R. Biden, Jr., Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Pezzi, Stephen) Modified text on 11/17/2021 (JLD). (Entered: 11/17/2021)

NOTICE of Filing of Certified Administrative Record (Part 5 of 5) by Xavier Becerra, Joseph R. Biden, Jr., Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Pezzi, Stephen) Modified text on 11/17/2021 (JLD). (Entered: 11/17/2021)

ORDER denying Defendants' 19 motion to transfer to the Middle District of Florida's Orlando Division. Signed by Judge Kathryn Kimball Mizelle on 11/19/2021. (EDB)

Joint MOTION to Amend 28 Case Management and Scheduling Order by All Plaintiffs. (Attachments: # 1 Exhibit A - Proposed Amended Complaint (Track Changes Version))(Hadaway, Brant) Modified text on 12/13/2021 (JLD). (Entered: 12/13/2021)

ENDORSED ORDER: In the light of Defendants' consent to Plaintiffs' request to file an amended complaint, this Court finds good cause to amend the scheduling order. See Fed. R. Civ. P. 15(a)(2), 16(b)(4). The parties' 36 joint motion is granted. The Court will enter a modified scheduling order. Signed by Judge Kathryn Kimball Mizelle on 12/13/2021. (EDB) (Entered: 12/13/2021)

AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Kathryn Kimball Mizelle on 12/13/2021. (EDB) (Entered: 12/13/2021)

AMENDED COMPLAINT for Declaratory Relief against All Defendants with Jury Demand filed by All Plaintiffs. (Attachments: # 1 Exhibit A - Executive Order 13998, # 2 Exhibit B - CDC Travel Mask Mandate, # 3 Exhibit C - EUA, # 4 Composite Exhibit D - HFDF Declarations)(Hadaway, Brant) Modified text on 12/14/2021 (JLD). (Entered: 12/13/2021)

1 Exhibit A - Executive Order 13998

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2 Exhibit B - CDC Travel Mask Mandate

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3 Exhibit C - EUA

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4 Composite Exhibit D - HFDF Declarations

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Order on Motion to Amend / Correct / Modify / Supplement

NOTICE of Appearance by Andrew Freidah on behalf of Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Freidah, Andrew) Modified on 1/7/2022 to edit text (CRK). (Entered: 01/06/2022)

ANSWER to 39 Amended Complaint by Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky.(Freidah, Andrew) (Entered: 01/06/2022)

NOTICE of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (CRK) (Entered: 01/07/2022)

NOTICE of Lead Counsel Designation by Brant C. Hadaway on behalf of Ana Carolina Daza, Health Freedom Defense Fund, Sarah Pope. Lead Counsel: Brant C. Hadaway. (Hadaway, Brant) (Entered: 01/07/2022)

NOTICE of Lead Counsel Designation by Stephen Michael Pezzi on behalf of Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. Lead Counsel: Stephen M. Pezzi. (Pezzi, Stephen) (Entered: 01/07/2022)

Notice to Counsel of Local Rule

MOTION for Summary Judgment by All Defendants. (Attachments: # 1 Ex. 1 - Executive Order 13998, # 2 Ex. 2 - CDC - Transportation Mask Order, # 3 Ex. 3 - Funk & Wagnalls Dictionary, # 4 Ex. 4 - Webster's Dictionary, # 5 Ex. 5 - Order Requiring Masks in Middle District of Florida Courthouses)(Pezzi, Stephen) (Entered: 01/18/2022)

1 Ex. 1 - Executive Order 13998

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2 Ex. 2 - CDC - Transportation Mask Order

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3 Ex. 3 - Funk & Wagnalls Dictionary

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4 Ex. 4 - Webster's Dictionary

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5 Ex. 5 - Order Requiring Masks in Middle District of Florida Courthouses

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Unopposed MOTION to Amend Scheduling Order to Reschedule Oral Argument Date by All Defendants. (Pezzi, Stephen) (Entered: 01/26/2022)

ENDORSED ORDER: Upon review, the Court grants Defendants' 46 unopposed motion. Oral argument will be held on April 29, 2022. As explained in the 38 scheduling order, the Court will cancel oral argument if it concludes after briefing is complete that oral argument is unnecessary. Signed by Judge Kathryn Kimball Mizelle on 1/31/2022. (EDB) (Entered: 01/31/2022)

Order on Motion to Amend / Correct / Modify / Supplement

RESPONSE in Opposition re 45 MOTION for Summary Judgment; and; CROSS MOTION for Summary Judgment filed by Ana Carolina Daza, Health Freedom Defense Fund, Sarah Pope. (Attachments: # 1 Composite Exhibit A, # 2 Exhibit B - Declaration of Ana Daza, # 3 Exhibit C - Declaration of Sarah Pope, # 4 Exhibit D)(Hadaway, Brant) Modified on 2/18/2022 to edit text (CRK). (Entered: 02/17/2022)

1 Composite Exhibit A

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2 Exhibit B - Declaration of Ana Daza

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3 Exhibit C - Declaration of Sarah Pope

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4 Exhibit D

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NOTICE of Appearance by Michael J. Gerardi on behalf of Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Gerardi, Michael) Modified on 3/16/2022 to edit text (CRK). (Entered: 03/16/2022)

REPLY to Response to Motion re 45 MOTION for Summary Judgment and RESPONSE to 48 CROSS-MOTION for Summary Judgment filed by Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. (Gerardi, Michael) (Entered: 03/16/2022)

REPLY to Response to Motion re 48 CROSS MOTION for Summary Judgment filed by Ana Carolina Daza, Health Freedom Defense Fund, Sarah Pope. (Hadaway, Brant) Modified text on 4/18/2022 (AG). (Entered: 03/31/2022)

ENDORSED ORDER: Upon review of the briefing and the administrative record, the Court finds that the oral argument previously scheduled for April 29, 2022 (Doc. 47), is unnecessary and cancels it. Signed by Judge Kathryn Kimball Mizelle on 4/18/2022. (EDB) (Entered: 04/18/2022)

ORDER granting summary judgment to Plaintiffs and against Defendants on Counts I, II, and III. The Mask Mandate is declared unlawful, vacated, and remanded to the CDC. The Court directs the Clerk to terminate President Biden as a defendant, enter judgment in favor of Plaintiffs, and close this case. Signed by Judge Kathryn Kimball Mizelle on 4/18/2022. (EDB)

FINAL JUDGMENT in favor of Health Freedom Defense Fund, Ana Carolina Daza, Sarah Pope against The Centers for Disease Control, The Department of Health and Human Services, United States of America, Martin S. Cetron, Rochelle P. Walensky, Xavier Becerra. Signed by Deputy Clerk on 4/18/2022. (AG) (Entered: 04/18/2022)

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NOTICE OF APPEAL as to 53 Order on Motion for Summary Judgment, 54 Judgment by Xavier Becerra, Joseph R. Biden, Jr, Martin S. Cetron, The Centers for Disease Control, The Department of Health and Human Services, United States of America, Rochelle P. Walensky. Filing fee - waived. (Pezzi, Stephen) (Entered: 04/20/2022)

TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed to USCA re 55 Notice of Appeal. (AG) (Entered: 04/21/2022)

(STRICKEN pursuant to Court's 58 Order.) MOTION for Clarification by Mark Joseph. (Attachments: # 1 Mailing Envelope)(SEG) Modified party link and text on 4/26/2022 (JNB). Modified text on 4/26/2022 (AG). (Entered: 04/26/2022)

1 Mailing Envelope

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ENDORSED ORDER: The Court directs the Clerk to strike the 57 document styled as a "motion for clarification" because the filer is not a party to this action. See EEOC v. E. Airlines, Inc., 736 F.2d 635, 637 (11th Cir. 1984). Signed by Judge Kathryn Kimball Mizelle on 4/26/2022. (EDB) (Entered: 04/26/2022)

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Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: 55 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 22-11287-AA (JNB)

Certificate of readiness

Electronic certificate of readiness

ORDER of USCA: The "Unopposed Motion for Leave to File Brief of American Medical Association as Amicus Curiae in Support of Defendants-Appellants" is GRANTED. The "Motion for Leave to File Brief as Amici Curiae Public Health and Public Health Law Experts in Support of Defendants-Appellants and Reversal" is GRANTED as to 55 Notice of Appeal, filed by Joseph R. Biden, Jr., The Centers for Disease Control, The Department of Health and Human Services, Rochelle Walensky, Xavier Becerra, Martin S. Cetron, United States of America. EOD: 7/12/22; USCA number: 22-11287-AA. (JNB) (Entered: 07/12/2022)

***STRICKEN PER ORDER 61***MOTION for Clarification re 54 Judgment, by Daphne Sterling. (KME) Modified on 8/9/2022 (JNB). (Entered: 08/08/2022)

ENDORSED ORDER: The Court directs the Clerk to strike the 60 document styled as a "motion for clarification" because the filer is not a party to this action. EEOC v. E. Airlines, Inc., 736 F.2d 635, 637 (11th Cir. 1984). Signed by Judge Kathryn Kimball Mizelle on 8/8/2022. (JMP) (Entered: 08/08/2022)

Order on Motion for Reconsideration / Clarification

ORDER of USCA: Motion to appear in oral argument filed by Amicus Curiae State of Florida is GRANTED. Motion for additional ten (10) minutse per side time for oral argument, with Appellants receiving twenty-five (25) minutes, Appellees receiving fifteen (15) minutes, and State Amici receiving ten (10) minutes filed by Amicus Curiae State of Florida is GRANTED. ENTERED FOR THE COURT - BY DIRECTION, as to 55 Notice of Appeal, filed by Joseph R. Biden, Jr., The Centers for Disease Control, The Department of Health and Human Services, Rochelle Walensky, Xavier Becerra, Martin S. Cetron, United States of America. EOD: 11/18/2022; USCA number: 22-11287-X. (AG) (Entered: 11/21/2022)

NOTICE of change of address by Brant C. Hadaway (Hadaway, Brant) (Entered: 11/21/2022)

ORDER of USCA: Attorney Evan Ezray's "Motion to Withdraw as Counsel" is GRANTED as to 55 Notice of Appeal, filed by Joseph R. Biden, Jr., The Centers for Disease Control, The Department of Health and Human Services, Rochelle Walensky, Xavier Becerra, Martin S. Cetron, United States of America. EOD: 5/8/23; USCA number: 22-11287-AA. (JNB) (Entered: 05/08/2023)

OPINION/ORDER of USCA: Vacated and Dismissed as Moot as to 55 Notice of Appeal, filed by Joseph R. Biden, Jr., The Centers for Disease Control, The Department of Health and Human Services, Rochelle Walensky, Xavier Becerra, Martin S. Cetron, United States of America. EOD: 6/23/23; Mandate to issue at a later date. USCA number: 22-11287-AA. (JNB) (Entered: 06/23/2023)

MANDATE of USCA issued as to Appellants Centers for Disease Control, Department of Health and Human Services, Director Division of Global Migration and Quarantine, Director of the Centers for Disease Control and Prevention, President of the United States, Secretary of Health and Human Services and United States of America re 55 Notice of Appeal. Issued as Mandate: 08/14/2023 USCA number: 22-11287-AA. (AG) (Entered: 08/16/2023)

ORDER: This action is DISMISSED as moot. Signed by Judge Kathryn Kimball Mizelle on 8/16/2023. (JMP) (Entered: 08/16/2023)