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

8:21-cv-01693 | U.S. District Court for the Middle District of Florida

Filed Date: July 12, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a challenge to Executive Order No. 13998, which required all persons to wear masks while "on conveyances" and at "transportation hubs" in the United States (colloquially known as the "Federal Mask Mandate"). On July 21, 2021, Health Freedom Defense Fund, Inc. (HFDF), and two individuals brought this lawsuit in the U.S. District Court for the Middle District of Florida against President Biden, the Department of Health and Human Services (HHS), the Secretary of HHS, the Centers for Diseas…

This is a challenge to Executive Order No. 13998, which required all persons to wear masks while "on conveyances" and at "transportation hubs" in the United States (colloquially known as the "Federal Mask Mandate").

On July 21, 2021, Health Freedom Defense Fund, Inc. (HFDF), and two individuals brought this lawsuit in the U.S. District Court for the Middle District of Florida against President Biden, the Department of Health and Human Services (HHS), the Secretary of HHS, the Centers for Disease Control (CDC), the Director of the CDC, and the Director of the CDC's Division of Global Migration and Quarantine. Suing under the Administrative Procedure Act 5 U.S.C. §§ 702-03 (the APA), the plaintiffs alleged that the Federal Mask Mandate violated the APA, as it exceeded the CDC's statutory and regulatory authority under the Public Health Service Act, 42 U.S.C. § 264(a) (PHSA), that it was enacted without observing notice and comment, and that it was arbitrary and capricious. The plaintiffs further alleged that the PHSA constituted an unlawful delegation of legislative authority and that it was an improper exercise of legislative authority by the Executive Branch, in violation of the U.S. Constitution Art. I, § 1. Finally, the plaintiffs argued the Federal Mask Mandate violated the Tenth Amendment's Separation of Powers. The plaintiffs requested declaratory judgment that the Federal Mask Mandate was unlawful or unconstitutional, and attorney's fees. The case was assigned to Judge Kathryn K. Mizelle and Magistrate Judge Anthony E. Porcelli.

On October 31, the defendants filed a motion to transfer the case to another judge in the M.D. Florida, Wall v. CDC, claiming this case was similar to Wall. The plaintiffs objected on November 8, arguing that the decision to transfer was discretionary and that plaintiff's choice of forum was important; lastly, plaintiffs argued that having their case associated with the Wall case might cause undue prejudice to their case.

On November 19, Judge Mizelle denied the motion to transfer, stating that the cases were factually different and were likely to produce dissimilar legal arguments. Finally, Judge Mizelle stated that defendants' fear of warring nationwide injunctions if the cases were before two different judges was "ill-founded, as Plaintiffs have not sought [a nationwide injunction] here." 2021 WL 5416688. 

The plaintiffs filed an amended complaint on December 13; the defendants filed an answer on January 6, 2022. 

On January 18, 2022 the defendants filed a motion for summary judgment, arguing that the Federal Mask Mandate was authorized by the PHSA, that it was not arbitrary and capricious, and that it was exempt from the APA's notice and comment requirements. Furthermore, the defendants argued that the nondelegation claims were meritless.

The plaintiffs responded on February 17, arguing against summary judgment as requested by the defendants and filed a cross motion for summary judgment. They argued that the mask order exceed the statutory authority because the PHSA needed to be narrowly construed and that masks did not count as "sanitation" under the PHSA and that the mandate violated the APA because it was arbitrary and capricious. Plaintiffs further argued that the mask order violated notice and comment because the CDC failed to show good cause for not providing notice and such failure was not harmless. Finally, they argued that if the PHSA was as broad as defendants claimed it was, to authorize the Federal Mask Mandate, that it violated the nondelegation doctrine.

On April 18, 2022, Judge Mizelle granted summary judgment for the plaintiffs and declared the Federal Mask Mandate unlawful, vacating it nationwide and remanding it to the CDC for proceedings consistent with her order. Judge Mizelle entered a final judgment and closed the case.

In response, the CDC issued a press release the same day:

"Due to today’s court ruling, effective immediately, TSA will no longer enforce its Security Directives and Emergency Amendment requiring mask use on public transportation and transportation hubs. TSA will also rescind the new Security Directives that were scheduled to take effect tomorrow. CDC continues to recommend that people wear masks in indoor public transportation settings at this time."

Shortly thereafter, many U.S. airline companies announced that masks were optional on flights.

Summary Authors

Caitlin Kierum (4/19/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60052717/parties/health-freedom-defense-fund-inc-v-biden/

Documents in the Clearinghouse

Document
1

8:21-cv-01693

Complaint for Declaratory Relief

July 12, 2021

July 12, 2021

Complaint
35

8:21-cv-01693

Order

2021 WL 5416688

Nov. 19, 2021

Nov. 19, 2021

Order/Opinion
39

8:21-cv-01693

Amended Complaint for Declaratory Relief

Dec. 13, 2021

Dec. 13, 2021

Complaint
45

8:21-cv-01693

Defendants' Motion for Summary Judgment

Jan. 18, 2022

Jan. 18, 2022

Pleading / Motion / Brief
48

8:21-cv-01693

Plaintiffs’ Response to Defendants’ Motion for Summary Judgment and Plaintiffs’ Cross-Motion for Summary Judgment

Feb. 17, 2022

Feb. 17, 2022

Pleading / Motion / Brief
50

8:21-cv-01693

Defendants’ Reply in Support of their Motion for Summary Judgment, and Response to Plaintiffs’ Cross-Motion for Summary Judgment

March 16, 2022

March 16, 2022

Pleading / Motion / Brief
51

8:21-cv-01693

Plaintiffs’ Reply in Support of Cross-Motion for Summary Judgment

March 31, 2022

March 31, 2022

Pleading / Motion / Brief
53

8:21-cv-01693

Order

2022 WL 1134138

April 18, 2022

April 18, 2022

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60052717/health-freedom-defense-fund-inc-v-biden/

Last updated June 9, 2022, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

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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July 12, 2021

July 12, 2021

Clearinghouse
2

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)

July 13, 2021

July 13, 2021

PACER
3

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)

July 13, 2021

July 13, 2021

PACER
4

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)

July 13, 2021

July 13, 2021

PACER
5

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)

July 13, 2021

July 13, 2021

PACER
6

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)

July 13, 2021

July 13, 2021

PACER

Case Assigned/Reassigned

July 13, 2021

July 13, 2021

PACER

Notice to Counsel of Local Rule

July 13, 2021

July 13, 2021

PACER

Order on Motion to Appear Pro Hac Vice

July 13, 2021

July 13, 2021

PACER
7

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)

July 14, 2021

July 14, 2021

PACER
8

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)

July 28, 2021

July 28, 2021

PACER
9

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)

July 28, 2021

July 28, 2021

PACER
10

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)

July 28, 2021

July 28, 2021

RECAP
11

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)

July 28, 2021

July 28, 2021

PACER
12

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)

Aug. 2, 2021

Aug. 2, 2021

PACER
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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)

Aug. 2, 2021

Aug. 2, 2021

PACER
14

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)

Sept. 3, 2021

Sept. 3, 2021

PACER
15

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

Sept. 3, 2021

Sept. 3, 2021

PACER
16

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)

Sept. 6, 2021

Sept. 6, 2021

PACER

Order on Motion for Extension of Time to Answer

Sept. 7, 2021

Sept. 7, 2021

PACER
17

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)

Sept. 17, 2021

Sept. 17, 2021

RECAP
18

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)

Sept. 17, 2021

Sept. 17, 2021

PACER
19

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)

Oct. 13, 2021

Oct. 13, 2021

PACER
20

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)

Oct. 13, 2021

Oct. 13, 2021

PACER
21

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)

Oct. 15, 2021

Oct. 15, 2021

PACER
22

***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)

Oct. 15, 2021

Oct. 15, 2021

PACER
23

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)

Oct. 15, 2021

Oct. 15, 2021

PACER
24

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)

Oct. 15, 2021

Oct. 15, 2021

PACER

Order to show cause

Oct. 15, 2021

Oct. 15, 2021

PACER

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

Oct. 15, 2021

Oct. 15, 2021

PACER
25

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)

Oct. 18, 2021

Oct. 18, 2021

PACER

*Order no pdf

Oct. 18, 2021

Oct. 18, 2021

PACER
26

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)

Nov. 8, 2021

Nov. 8, 2021

PACER
27

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)

Nov. 10, 2021

Nov. 10, 2021

PACER
28

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

Nov. 12, 2021

Nov. 12, 2021

PACER
29

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)

Nov. 17, 2021

Nov. 17, 2021

PACER
30

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)

Nov. 17, 2021

Nov. 17, 2021

PACER
31

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)

Nov. 17, 2021

Nov. 17, 2021

PACER
32

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)

Nov. 17, 2021

Nov. 17, 2021

PACER
33

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)

Nov. 17, 2021

Nov. 17, 2021

PACER
34

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)

Nov. 17, 2021

Nov. 17, 2021

PACER
35

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) (Entered: 11/19/2021)

Nov. 19, 2021

Nov. 19, 2021

Clearinghouse
36

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)

Dec. 13, 2021

Dec. 13, 2021

PACER
37

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)

Dec. 13, 2021

Dec. 13, 2021

PACER
38

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

Dec. 13, 2021

Dec. 13, 2021

RECAP
39

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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Dec. 13, 2021

Dec. 13, 2021

Clearinghouse

Order on Motion to Amend / Correct / Modify / Supplement

Dec. 13, 2021

Dec. 13, 2021

PACER
40

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)

Jan. 6, 2022

Jan. 6, 2022

PACER
41

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)

Jan. 6, 2022

Jan. 6, 2022

PACER
42

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)

Jan. 7, 2022

Jan. 7, 2022

PACER
43

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)

Jan. 7, 2022

Jan. 7, 2022

PACER
44

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)

Jan. 7, 2022

Jan. 7, 2022

PACER

Notice to Counsel of Local Rule

Jan. 7, 2022

Jan. 7, 2022

PACER
45

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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Jan. 18, 2022

Jan. 18, 2022

Clearinghouse
46

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

Jan. 26, 2022

Jan. 26, 2022

PACER
47

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)

Jan. 31, 2022

Jan. 31, 2022

PACER

Order on Motion to Amend / Correct / Modify / Supplement

Jan. 31, 2022

Jan. 31, 2022

PACER
48

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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Feb. 17, 2022

Feb. 17, 2022

Clearinghouse
49

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)

March 16, 2022

March 16, 2022

PACER
50

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)

March 16, 2022

March 16, 2022

Clearinghouse
51

REPLY to Response to Motion re 45 MOTION for Summary Judgment Plaintiffs' Reply to Defendants' Cross-Response [DE 50] to Plaintiffs' Cross-Motion for Summary Judgment [DE 48] filed by Ana Carolina Daza, Health Freedom Defense Fund, Sarah Pope. (Hadaway, Brant) (Entered: 03/31/2022)

March 31, 2022

March 31, 2022

Clearinghouse
52

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)

April 18, 2022

April 18, 2022

PACER
53

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) (Entered: 04/18/2022)

April 18, 2022

April 18, 2022

RECAP

*Order no pdf

April 18, 2022

April 18, 2022

PACER
52

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)

April 18, 2022

April 18, 2022

PACER
53

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)

April 18, 2022

April 18, 2022

RECAP
54

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)

April 18, 2022

April 18, 2022

RECAP

*Order no pdf

April 18, 2022

April 18, 2022

PACER
55

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)

April 20, 2022

April 20, 2022

RECAP
56

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)

April 21, 2022

April 21, 2022

RECAP
57

(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).

1 Mailing Envelope

View on PACER

April 25, 2022

April 25, 2022

RECAP
58

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)

April 26, 2022

April 26, 2022

PACER

*Order no pdf

April 26, 2022

April 26, 2022

PACER

Electronic certificate of readiness

June 2, 2022

June 2, 2022

PACER

Case Details

State / Territory: Florida

Case Type(s):

Presidential/Gubernatorial Authority

Special Collection(s):

COVID-19 (novel coronavirus)

Key Dates

Filing Date: July 12, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Health Freedom Defense Fund, as well as two individuals

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Defendant Type(s):

Jurisdiction-wide

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

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Declaratory Judgment

Source of Relief:

Litigation