Case: State of Florida v. Department of Health and Human Services

Legal Defense Fund

O'Neill Institute

COMPLAINT against All Defendants (Filing fee $405 receipt number AFLMDC-22063290) filed by All Plaintiffs. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Civil Cover Sheet, # 7 Proposed Summons)(McCotter, R.) (Entered: 05/06/2024)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Civil Cover Sheet

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7 Proposed Summons

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CORPORATE Disclosure Statement by Catholic Medical Association, Florida Agency for Health Care Administration, Florida Department of Management Services, State of Florida. (McCotter, R.) (Entered: 05/06/2024)

NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Thomas G. Wilson. New case number: 8:24-cv-1080-WFJ-TGW. (AJS) (Entered: 05/07/2024)

Notice to Counsel of Local Rule

Case Assigned/Reassigned

NOTICE TO COUNSEL James R. Conde, Julie Marie Blake and Matthew S. Bowman Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; 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). (AJS) (Entered: 05/07/2024)

NOTICE TO COUNSEL R. Trent McCotter Local Rule 2.01(c), Special Admission - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the lawyer seeking Special Admission or the motion may be filed in paper format; 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). (AJS) (Entered: 05/07/2024)

SUMMONS issued as to Administrator, Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Department of Health and Human Services, Director, Office for Civil Rights, Secretary, Department of Health and Human Services, U.S. Attorney and U.S. Attorney General. (AJS) (Entered: 05/07/2024)

PROOF of service by Catholic Medical Association, Florida Agency for Health Care Administration, Florida Department of Management Services, State of Florida (McCotter, R.) (Entered: 05/07/2024)

STANDING ORDER regarding Discovery Motions. Signed by Magistrate Judge Thomas G. Wilson on 5/7/2024. (KMN) (Entered: 05/20/2024)

NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (JCG) (Entered: 05/08/2024)

Notice to Counsel of Local Rule

NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (JCG) (Entered: 05/08/2024)

Unopposed MOTION for R. Trent McCotter to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22090184 for $150 by Florida Agency for Health Care Administration, Florida Department of Management Services. (McCotter, R.) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 05/14/2024)

Unopposed MOTION for James R. Conde to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22090231 for $150 by Florida Agency for Health Care Administration, Florida Department of Management Services. (McCotter, R.) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 05/14/2024)

MOTION for Preliminary Injunction or Stay of Rule Under the APA by all Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Text of Proposed Order)(McCotter, R.) Modified on 5/16/2024 to edit docket text; Chambers notified. (LD). (Entered: 05/15/2024)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Text of Proposed Order

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ORDER granting 10 Motion to Appear Pro Hac Vice; granting 11 Motion to Appear Pro Hac Vice. R. Trent McCotter and James R. Conde are authorized to appear in this matter pro hac vice. Signed by Magistrate Judge Thomas G. Wilson on 5/15/2024. (KMN) (Entered: 05/16/2024)

NOTICE of Lead Counsel Designation by James R. Conde on behalf of Florida Agency for Health Care Administration, Florida Department of Management Services. Lead Counsel: James R. Conde. (Conde, James) (Entered: 05/17/2024)

NOTICE of Lead Counsel Designation by Natalie Christmas on behalf of State of Florida. Lead Counsel: Natalie Christmas. (Christmas, Natalie) (Entered: 05/20/2024)

Unopposed MOTION for Julie Marie Blake to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22112080 for $150 by Catholic Medical Association. (McCotter, R.) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 05/20/2024)

Unopposed MOTION for Matthew S. Bowman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22112094 for $150 by Catholic Medical Association. (McCotter, R.) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 05/20/2024)

ORDER granting 17 Motion to Appear Pro Hac Vice; granting 18 Motion to Appear Pro Hac Vice. Accordingly, Attorney Julie Marie Blake and Matthew S. Bowman are authorized to appear pro hac vice. Signed by Magistrate Judge Thomas G. Wilson on 5/21/2024. (KMN) (Entered: 05/23/2024)

MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Preliminary Injunction OR Stay of Rule Under the APA by All Defendants. (Holland, Liam). (Entered: 05/24/2024)

RESPONSE in Opposition re 20 MOTION for Extension of Time to File Response/Reply as to 12 MOTION for Preliminary Injunction or Stay of Rule Under the APA filed by Catholic Medical Association, Florida Agency for Health Care Administration, Florida Department of Management Services, State of Florida. (McCotter, R.). (Entered: 05/24/2024)

ENDORSED ORDER granting 20 Motion for Extension of Time to File Response / Reply. Response due by 6/13/2024. If Plaintiffs desires to file a Reply, it is due on or before 6/18/2024 by close of business. Signed by Judge William F. Jung on 5/28/2024. (CCB) (Entered: 05/28/2024)

Notice of Hearing on Motion

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

NOTICE of Telephonic Hearing on 12 MOTION for Preliminary Injunction or Stay. Motion Hearing set for 6/21/2024 at 01:30 PM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1080 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. (CCB) (Entered: 05/28/2024)

NOTICE of Lead Counsel Designation by Julie Marie Blake on behalf of Catholic Medical Association. Lead Counsel: Julie Marie Blake. (Blake, Julie) (Entered: 05/28/2024)

ENDORSED ORDER: Additionally, on June 21 by 5 pm each party should copy chambers email and each other with MSWord draft Orders that they would wish the Court to enter. Signed by Judge William F. Jung on 6/3/2024. (Jung, William) (Entered: 06/03/2024)

Order

NOTICE of Hearing (change as to in person and time only) on 12 MOTION for Preliminary Injunction or Stay. Motion Hearing set for 6/21/2024 in person at 02:30 PM in Tampa Courtroom 15 B before Judge William F. Jung. (CCB) (Entered: 06/10/2024)

Notice of Hearing on Motion

Unopposed MOTION to File Excess Pages by All Defendants. (Holland, Liam) (Entered: 06/11/2024)

Order on Motion to File Excess Pages

ENDORSED ORDER granting unopposed 27 Motion to File Excess Pages. Signed by Judge William F. Jung on 6/11/2024. (CCB) (Entered: 06/11/2024)

Unopposed MOTION for Allison H. Pope to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-22191849 for $150 by Catholic Medical Association. (Blake, Julie) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 06/12/2024)

ENDORSED ORDER granting 29 Motion to Appear Pro Hac Vice. Attorney Pope may appear pro hac vice as counsel for Plaintiff Christian Medical Association, subject to payment of the $150.00 special admission fee and submission of the Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Judge William F. Jung on 6/13/2024. (CCB) (Entered: 06/13/2024)

Order on Motion to Appear Pro Hac Vice

CORPORATE Disclosure Statement by Administrator, Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Department of Health and Human Services, Director, Office for Civil Rights, Secretary, Department of Health and Human Services. (Holland, Liam) (Entered: 06/13/2024)

NOTICE of a related action per Local Rule 1.07(c) by Administrator, Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Department of Health and Human Services, Director, Office for Civil Rights, Secretary, Department of Health and Human Services. Related case(s): Yes (Attachments: # 1 Exhibit 1 Neese Class Certification Order, # 2 Exhibit 2 Neese Final Judgment, # 3 Exhibit 3 ACP Amended Complaint, # 4 Exhibit 4 ACP Memorandum Opinion and Order, # 5 Exhibit 5 ACP Supplemental Briefing, # 6 Exhibit 6 Dekker Judgment, # 7 Exhibit 7 Dekker Opposition to Motion to Enforce the Court's Judgment or, Alternatively, to Clarify the Court's Judgment, # 8 Exhibit 8 McComb Complaint, # 9 Exhibit 9 Catholic Benefits Ass'n Amended Complaint, # 10 Exhibit 10 Tennessee Complaint, # 11 Exhibit 11 Texas Complaint)(Holland, Liam) (Entered: 06/13/2024)

1 Exhibit 1 Neese Class Certification Order

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2 Exhibit 2 Neese Final Judgment

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3 Exhibit 3 ACP Amended Complaint

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4 Exhibit 4 ACP Memorandum Opinion and Order

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5 Exhibit 5 ACP Supplemental Briefing

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6 Exhibit 6 Dekker Judgment

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7 Exhibit 7 Dekker Opposition to Motion to Enforce the Court's Judgment or,

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8 Exhibit 8 McComb Complaint

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9 Exhibit 9 Catholic Benefits Ass'n Amended Complaint

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10 Exhibit 10 Tennessee Complaint

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11 Exhibit 11 Texas Complaint

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RESPONSE in Opposition re 12 MOTION for Preliminary Injunction or Stay of Rule Under the APA filed by Administrator, Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Department of Health and Human Services, Director, Office for Civil Rights, Secretary, Department of Health and Human Services. (Holland, Liam). (Entered: 06/13/2024)

RESPONSE re 32 Notice of a Related Action filed by Florida Agency for Health Care Administration, Florida Department of Management Services. (Conde, James) (Entered: 06/18/2024)

REPLY to Response to Motion re 12 MOTION for Preliminary Injunction OR STAY OF RULE UNDER THE APA filed by Florida Agency for Health Care Administration, Florida Department of Management Services. (Conde, James) (Entered: 06/18/2024)

ORDER permitting electronics for hearing of 6/21/2024 as to Counsel Allison Pope. Signed by Judge William F. Jung on 6/21/2024. (CCB) (Entered: 06/21/2024)

Minute Entry. In Person Proceedings held before Judge William F. Jung: MOTION HEARING held on 6/21/2024 re 12 MOTION for Preliminary Injunction OR STAY OF RULE UNDER THE APA filed by Florida Department of Management Services, Florida Agency for Health Care Administration, Catholic Medical Association, State of Florida. Court Reporter: Susan Cayler (JCG) (Entered: 06/21/2024)

The court's Exhibit referenced at the Motion Hearing held on 6/21/2024.(JCG) (Entered: 06/21/2024)

RESPONSE re 38 Exhibit list - court Defendants' Response to the Court's Exhibit filed by Administrator, Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Department of Health and Human Services, Director, Office for Civil Rights, Secretary, Department of Health and Human Services. (Attachments: # 1 Exhibit 1 -- Transcript of Preliminary Injunction Proceedings, Doe v. Noggle, No. 1:23-cv-02904-SEG (N.D. Ga. Aug. 10, 2023))(Holland, Liam) (Entered: 06/26/2024)

1 Exhibit 1 -- Transcript of Preliminary Injunction Proceedings, Doe v. Noggle, N

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NOTICE of supplemental authority re 34 Response by Catholic Medical Association. (Pope, Allison) (Entered: 06/28/2024)

ORDER granting in part and denying in part 12 Motion for Preliminary Injunction. Signed by Judge William F. Jung on 7/3/2024. (Jung, William) (Entered: 07/03/2024)

Consent MOTION for Extension of Time to File Answer re 1 Complaint by All Defendants. (Holland, Liam) (Entered: 07/08/2024)

Order on Motion for Extension of Time to Answer

ENDORSED ORDER granting 42 Consent Motion for Extension of Time to Answer. All Defendants' answer or response to the complaint is due 9/9/2024. Signed by Judge William F. Jung on 7/8/2024. (CCB) (Entered: 07/08/2024)

TRANSCRIPT of Motion Hearing held on 6.21.24 before Judge William F. Jung. Court Reporter/Transcriber: Susie Cayler. Email address: reportercayler@gmail.com. Telephone number: 15157785008. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 8/14/2024. Redacted Transcript Deadline set for 8/26/2024. Release of Transcript Restriction set for 10/22/2024. (Cayler, Susan) (Entered: 07/24/2024)

NOTICE of Appearance by Zachary Sherwood on behalf of Administrator, Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Department of Health and Human Services, Director, Office for Civil Rights, Secretary, Department of Health and Human Services (Sherwood, Zachary) (Entered: 08/29/2024)

NOTICE OF APPEAL as to 41 Order on Motion for Preliminary Injunction by Administrator, Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Department of Health and Human Services, Director, Office for Civil Rights, Secretary, Department of Health and Human Services. Filing fee not paid. (Sherwood, Zachary) (Entered: 08/30/2024)

MOTION to Stay Proceedings by Administrator, Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Department of Health and Human Services, Director, Office for Civil Rights, Secretary, Department of Health and Human Services. (Sherwood, Zachary) (Entered: 09/03/2024)

RESPONSE in Opposition re 47 MOTION to Stay Proceedings filed by Florida Agency for Health Care Administration, Florida Department of Management Services. (Conde, James) (Entered: 09/03/2024)

TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 46 Notice of Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (LNR) (Entered: 09/04/2024)

Order on Motion to Stay

Case Stayed

ENDORSED ORDER granting in part and denying in part 47 Motion to Stay. This case is stayed pending a telephonic status conference that will be set by the Court. Signed by Judge William F. Jung on 9/5/2024. (CCB) (Entered: 09/05/2024)

Case Stayed. (Case inadvertently lifted on 12/13/2024) (BD)

NOTICE of Telephonic Hearing: Status Conference set for 11/13/2024 at 9:00 AM before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 1080 followed by the # (pound) key. Please call in at least 10 minutes before the scheduled hearing. (CCB) (Entered: 09/10/2024)

Notice of Hearing

NOTICE OF CROSS APPEAL as to 41 Order on Motion for Preliminary Injunction by Catholic Medical Association. (Blake, Julie) (Entered: 09/11/2024)

Pay Fee

TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 52 Notice of Cross Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (KME) (Entered: 09/12/2024)

FEE PAID. Appeal fee, Receipt No. AFLMDC-22513165 for $605 paid Notice for appeal to the Eleventh Circuit Court of Appeals. (Blake, Julie)

TRANSCRIPT information form filed by Administrator, Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Department of Health and Human Services, Director, Office for Civil Rights, Secretary, Department of Health and Human Services for proceedings held on 06/21/2024 before Judge Jung re 46 Notice of Appeal USCA number: 24-12826. Electronic notification sent to Court Reporter Susan Caylor (Holland, Liam) (Entered: 09/18/2024)

COURT REPORTER ACKNOWLEDGMENT by Susie Cayler re 46 Notice of Appeal,. Estimated transcript filing date: 9.20.24. USCA number: 24-12826. (Cayler, Susan) (Entered: 09/19/2024)

NOTIFICATION that transcript has been filed by Susie Cayler re: 46 Notice of Appeal,. USCA number: 24-12826. (Cayler, Susan) (Entered: 09/19/2024)

TRANSCRIPT information form filed by Catholic Medical Association re 52 Notice of Cross Appeal. USCA number: 24-12826. No transcript(s) requested. (Bowman, Matthew) (Entered: 10/10/2024)

ENDORSED ORDER: Counsel, there is no need for a status conference tomorrow and it is canceled. Please file a one-page update no later than November 15, informing the Court your view of the present status before this District Court. Consider in this short discussion the pending appeals as well as the likelihood of mootness given a pending change in administration. Signed by Judge William F. Jung on 11/12/2024. (Jung, William) (Entered: 11/12/2024)

Notice of Hearing - Cancel

Order

NOTICE canceling status conference hearing scheduled for 11/13/2024. (CCB) (Entered: 11/12/2024)

RESPONSE re 58 Order filed by Catholic Medical Association, Florida Agency for Health Care Administration, Florida Department of Management Services, State of Florida. (Conde, James) (Entered: 11/15/2024)

STATUS report by Secretary, Department of Health and Human Services, Director, Office for Civil Rights, Administrator, Centers for Medicare and Medicaid Services, Centers for Medicare and Medicaid Services, Department of Health and Human Services. (Holland, Liam) (Entered: 11/15/2024)

ENDORSED ORDER directing the Clerk to administratively close this case. Any party may reopen at any time by filing a motion. Signed by Judge William F. Jung on 12/13/2024. (CCB) (Entered: 12/13/2024)

Order

Case Stayed

Unopposed MOTION for James H. Percival to Withdraw as Attorney by State of Florida. (Percival, James) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 01/14/2025)

ENDORSED ORDER granting 63 Motion to Withdraw as Attorney Attorney James Hamilton Percival, II terminated. Signed by Judge William F. Jung on 1/15/2025. (Jung, William) (Entered: 01/15/2025)

Order on Motion to Withdraw as Attorney

NOTICE of Appearance by Allen Huang on behalf of State of Florida (Huang, Allen) (Entered: 02/06/2025)

MOTION for Natalie Christmas to Withdraw as Attorney by State of Florida. (Christmas, Natalie) Motions referred to Magistrate Judge Thomas G. Wilson. Modified on 2/19/2025 to edit text (ELA). (Entered: 02/18/2025)

Order on Motion to Withdraw as Attorney

ORDER granting 66 Motion to Withdraw as Attorney. Attorney Natalie Christmas terminated. Signed by Magistrate Judge Thomas G. Wilson on 2/18/2025. (Wilson, Thomas) (Entered: 02/18/2025)

MOTION for Henry Charles Whitaker to Withdraw as Attorney by State of Florida. (Huang, Allen) Motions referred to Magistrate Judge Thomas G. Wilson. (Entered: 02/19/2025)

Order on Motion to Withdraw as Attorney

ORDER granting 68 Motion to Withdraw as Attorney. Attorney Henry Charles Whitaker terminated. Signed by Magistrate Judge Thomas G. Wilson on 2/19/2025. (Wilson, Thomas) (Entered: 02/19/2025)

ORDER of USCA: Appellants' "Unopposed Motion to Dismiss Appeal" is GRANTED. Cross-Appellant Catholic Medical Association's "Response to Unopposed Motion to Dismiss Appeal," which the Court construes as a motion to voluntarily dismiss the cross-appeal, is GRANTED as to 52 Notice of Cross Appeal filed by Catholic Medical Association. EOD: 4/3/2025. Issued as the mandate USCA number: 24-12826-JJ. (MCB) (Entered: 04/07/2025)

ENDORSED ORDER: Upon consideration of the Eleventh Circuit's Order of Dismissal and Mandate, the Clerk is directed to lift the stay and convert the administrative closure into a full closure. Signed by Judge William F. Jung on 4/9/2025. (CCB) (Entered: 04/09/2025)

Order

Notice to Counsel of Local Rule

Case Stay Lifted

Case Stay Lifted. (ELA)

NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (ELA) (Entered: 04/09/2025)

MOTION to Reopen Case, MOTION for Clarification of the Court's April 9, 2025 order by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Conde, James) (Entered: 05/02/2025)

1 Text of Proposed Order

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