Court Docket, Health Care Lawsuit, Update #3

CM/ECF - U.S. District Court:flnd https://ecf.flnd.uscourts.gov/cgi-bin/DktRpt.pl?
634183422482334-L_674_0-1
U.S. District Court

Northern District of Florida (Pensacola)
CIVIL DOCKET FOR CASE #: 3:10-cv-00091-RV-EMT
STATE OF FLORIDA et al v. UNITED STATES Date Filed: 03/23/2010

DEPARTMENT OF HEALTH AND HUMAN SERVICES et al Jury Demand: None
Assigned to: SENIOR JUDGE ROGER VINSON Nature of Suit: 890 Other Statutory Actions
Referred to: MAGISTRATE JUDGE ELIZABETH M TIMOTHY Jurisdiction: U.S. Government Defendant
Cause: 28:2201 Declaratory Judgement
Plaintiff
STATE OF FLORIDA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH BILL MCCOLLUM BAKER & HOSTETLER LLP -
WASHINGTON DC
1050 CONNECTICUT AVE NW
STE 1100
WASHINGTON, DC 20036
202-861-1731
Fax: 202-861-1783
Email: drivkin@bakerlaw.com
ATTORNEY TO BE NOTICED
LEE ALFRED CASEY

BAKER & HOSTETLER LLP -
WASHINGTON DC
1050 CONNECTICUT AVE NW
STE 1100
202-861-1730
Fax: 202-861-1783
Email: lcasey@bakerlaw.com
BLAINE H WINSHIP
OFFICE OF THE ATTORNEY
GENERAL - TALLAHASSEE FL
THE CAPITOL STE PL-01
400 S MONROE ST
TALLAHASSEE, FL 32399
850-414-3657
Fax: 850-488-4872
Email: blaine.winship@myfloridalegal.com
Plaintiff
STATE OF SOUTH CAROLINA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH HENRY MCMASTER (See above for address)
ATTORNEY GENERAL ATTORNEY TO BE NOTICED
1 of 19 11/8/2010 1:41 PM
CM/ECF - U.S. District Court:flnd https://ecf.flnd.uscourts.gov/cgi-bin/DktRpt.pl?634183422482334-L_674_0-1
LEE ALFRED CASEY

(See above for address)
BLAINE H WINSHIP
Plaintiff
STATE OF NEBRASKA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH JON BRUNING (See above for address)
KATHERINE JEAN SPOHN

NEBRASKA ATTORNEY GENERAL'S
OFFICE
2115 STATE CAPITOL
LINCOLN, NE 68509
402-471-2834
Fax: 402-471-1929
Email: katie.spohn@nebraska.gov
LEE ALFRED CASEY

BLAINE H WINSHIP
Plaintiff
STATE OF TEXAS represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH GREG ABBOTT (See above for address)
LEE ALFRED CASEY

WILLIAM JAMES COBB , III

STATE OF TEXAS OFFICE OF
ATTORNEY GENERAL - AUSTIN TX
209 W 14TH ST
AUSTIN, TX 78711
512-475-0131
Fax: 512-936-0545
Email: bill.cobb@oag.state.tx.us
2 of 19 11/8/2010 1:41 PM
BLAINE H WINSHIP
Plaintiff
STATE OF UTAH represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH MARK L (See above for address)
SHURTLEFF ATTORNEY GENERAL ATTORNEY TO BE NOTICED
LEE ALFRED CASEY

BLAINE H WINSHIP
Plaintiff
STATE OF LOUISIANA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH JAMES D BUDDY (See above for address)
CALDWELL ATTORNEY GENERAL ATTORNEY TO BE NOTICED
LEE ALFRED CASEY

BLAINE H WINSHIP
Plaintiff
STATE OF ALABAMA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH TROY KING (See above for address)
LEE ALFRED CASEY

BLAINE H WINSHIP
Plaintiff
STATE OF MICHIGAN represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH MICHAEL A COX (See above for address)
LEE ALFRED CASEY
3 of 19 11/8/2010 1:41 PM

BLAINE H WINSHIP
Plaintiff
STATE OF COLORADO represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH JOHN W SUTHERS (See above for address)
LEE ALFRED CASEY

BLAINE H WINSHIP
Plaintiff
COMMONWEALTH OF represented by DAVID BORIS RIVKIN , JR
PENNSYLVANIA (See above for address)
BY AND THROUGH THOMAS W ATTORNEY TO BE NOTICED
CORBETT JR ATTORNEY GENERAL
BLAINE H WINSHIP
Plaintiff
STATE OF WASHINGTON represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH ROBERT M (See above for address)
MCKENNA ATTORNEY GENERAL ATTORNEY TO BE NOTICED
LEE ALFRED CASEY

BLAINE H WINSHIP
Plaintiff
STATE OF IDAHO represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH LAWRENCE G (See above for address)
WASDEN ATTORNEY GENERAL ATTORNEY TO BE NOTICED
LEE ALFRED CASEY

4 of 19 11/8/2010 1:41 PM
BLAINE H WINSHIP
Plaintiff
STATE OF SOUTH DAKOTA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH MARTY J JACKLEY (See above for address)
LEE ALFRED CASEY

BLAINE H WINSHIP
Plaintiff
STATE OF GEORGIA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH SONNY PERDUE, (See above for address)
GOVERNOR OF THE STATE OF ATTORNEY TO BE NOTICED
GEORGIA
LEE ALFRED CASEY
BLAINE H WINSHIP
Plaintiff
STATE OF ALASKA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH DANIEL S (See above for address)
SULLIVAN, ATTORNEY GENERAL OF ATTORNEY TO BE NOTICED
THE STATE OF ALASKA
LEE ALFRED CASEY
BLAINE H WINSHIP
Plaintiff
NATIONAL FEDERATION OF represented by CARLOS RAMOS-MROSOVSKY
INDEPENDENT BUSINESS BAKER & HOSTETLER LLP - NEW
A CALIFORNIA NONPROFIT MUTUAL YORK
BENEFIT CORPORATION 45 ROCKEFELLER PLAZA
11TH FL
5 of 19 11/8/2010 1:41 PM
NEW YORK, NY 10111

212-589-4658
Fax: 212-589-4201
Email: cramosmrosovsky@bakerlaw.com
DAVID BORIS RIVKIN , JR

LEE ALFRED CASEY

Plaintiff
STATE OF NEVADA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH JIM GIBBONS, (See above for address)
NEVADA
LEE ALFRED CASEY
BLAINE H WINSHIP
Plaintiff
STATE OF NORTH DAKOTA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH WAYNE (See above for address)
STENEJHAM, ATTORNEY GENERAL OF ATTORNEY TO BE NOTICED
THE STATE OF NORTH DAKOTA
LEE ALFRED CASEY
BLAINE H WINSHIP
Plaintiff
STATE OF INDIANA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH GREGORY F (See above for address)
ZOELLER, ATTORNEY GENERAL ATTORNEY TO BE NOTICED
LEE ALFRED CASEY

BLAINE H WINSHIP
6 of 19 11/8/2010 1:41 PM

Plaintiff
STATE OF MISSISSIPPI represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH HALEY BARBOUR, (See above for address)
MISSISSIPPI
LEE ALFRED CASEY
BLAINE H WINSHIP
Plaintiff
KAJ AHLBURG represented by CARLOS RAMOS-MROSOVSKY

LEE ALFRED CASEY

Plaintiff
STATE OF ARIZONA represented by DAVID BORIS RIVKIN , JR
BY AND THROUGH JANICE K BREWER, (See above for address)
ARIZONA
LEE ALFRED CASEY
BLAINE H WINSHIP
Plaintiff
MARY BROWN represented by CARLOS RAMOS-MROSOVSKY

7 of 19 11/8/2010 1:41 PM
LEE ALFRED CASEY

V.
Defendant
UNITED STATES DEPARTMENT OF represented by BRIAN G KENNEDY
HEALTH AND HUMAN SERVICES US DEPT OF JUSTICE
CIVIL DIVISION
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20530-0001
202-514-3357
Fax: 202-616-8470
Email: brian.kennedy@usdoj.gov
ERIC B BECKENHAUER
US DEPARTMENT OF JUSTICE -
WASHINGTON DC
CIVIL DIVISION FEDERAL
PROGRAMS BRANCH
20 MASSACHUSETTS AVE NW
202-514-3338
Fax: 202-616-8470
Email: eric.beckenhauer@usdoj.gov
Defendant
KATHLEEN SEBELIUS represented by BRIAN G KENNEDY
IN HER OFFICIAL CAPACITY AS THE (See above for address)
SECRETARY OF THE UNITED STATES ATTORNEY TO BE NOTICED
DEPARTMENT OF HEALTH AND
HUMAN SERVICES ERIC B BECKENHAUER
Defendant
THE TREASURY (See above for address)
ERIC B BECKENHAUER
Defendant
8 of 19 11/8/2010 1:41 PM
TIMOTHY F GEITHNER represented by BRIAN G KENNEDY

IN HIS OFFICIAL CAPACITY AS THE (See above for address)
DEPARTMENT OF TREASURY
ERIC B BECKENHAUER
Defendant
LABOR (See above for address)
ERIC B BECKENHAUER
Defendant
HILDA L SOLIS represented by BRIAN G KENNEDY
IN HER OFFICIAL CAPACITY AS THE (See above for address)
DEPARTMENT OF LABOR
ERIC B BECKENHAUER
Amicus
STATES OF OREGON, IOWA, AND represented by KEITH SCOTT DUBANEVICH
VERMONT OREGON DEPT OF JUSTICE - SALEM
OR
1162 COURT STREET NE
SALEM, OR 97301
503-378-6002
Fax: 503-378-4017
Email: keith.dubanevich@doj.state.or.us
Amicus
GOVERNORS OF COLORADO, represented by ALEKSAS ANDRIUS BARAUSKAS
MICHIGAN, PENNSYLVANIA AND JOHNSON POPE BOKOR ETC - TAMPA
WASHINGTON FL
403 E MADISON ST STE 400
TAMPA, FL 33602
813-225-2500
Fax: 813-223-7118
Email: aleksasb@jpfirm.com
Date Filed # Docket Text
9 of 19 11/8/2010 1:41 PM
03/23/2010 1 COMPLAINT against TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L

SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES,
UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT
OF THE TREASURY filed by STATE OF FLORIDA - Filing Fee $350, Receipt
Number: 1129-1533627) (WINSHIP, BLAINE) **Modified on 3/23/2010 to correct
"docket text" (laj). (Entered: 03/23/2010)
03/23/2010 2 CIVIL COVER SHEET. (WINSHIP, BLAINE) (Entered: 03/23/2010)
03/24/2010 3 Summons Issued as to TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L
OF THE TREASURY, U.S. Attorney and U.S. Attorney General. (krb) (Entered:
03/24/2010)
03/29/2010 4 NOTICE OF HEARING. Rule 16 Scheduling Conference set for 4/14/2010 09:00 AM
in U.S. Courthouse Pensacola before SENIOR JUDGE ROGER VINSON. (lcu)
(Entered: 03/29/2010)
03/30/2010 6 (Deficiency) ORDER - The submitted hard copy of the document shall be returned to
you by the Clerk without electronic filing. It may be resubmitted after the deficiencies
are corrected. Signed by SENIOR JUDGE ROGER VINSON on 3/30/2010. (laj)
(Entered: 03/30/2010)
04/05/2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER
VINSON notified that action is needed - Re: (4) Proposed Deficiency Orders received
from pro se litigants S. Schonberg and P. Mitchell). (laj) (Entered: 04/05/2010)
(Entered: 04/06/2010)
04/05/2010 8 (Deficiency) ORDER - 1) The document shall remain in the electronic file, but the
Court will not consider it until you have corrected the deficiencies through the filing of
a corrected document. The document is Denied without prejudice, with leave given to
refile after correction. 2) The submitted hard copy of the document shall be returned to
(Entered: 04/06/2010)
a corrected document. 2) The submitted hard copy of the document shall be returned to
(Entered: 04/06/2010)
04/05/2010 10 NOTICE of Intent to Apply for Leave to Intervene by pro se litigant Paul Andrew
Mitchell - filed pursuant to 8 Order. (laj) (Entered: 04/06/2010)
04/05/2010 11 NOTICE (titled First Supplement to Proof of Service) by pro se litigant Paul Andrew
Mitchell - pursuant to 9 Order. (laj) (Entered: 04/06/2010)
10 of 19 11/8/2010 1:41 PM
a corrected document. The document is Denied without prejudice, with leave given to
refile after correction. 2) The submitted hard copy of the document shall be returned to
you by the Clerk. Signed by SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj)
(Entered: 04/07/2010)
04/05/2010 15 MOTION of Proposed Intervenor Steve Schonberg for Admission to the Court's
CM/ECF System - pursuant to 14 Order. (laj) (Entered: 04/07/2010)
04/06/2010 17 Notice and MOTION to Intervene by Dr. Orly Taitz, Esq. (in Pro Se) - Attachments not
scanned. (laj) (Entered: 04/07/2010)
VINSON notified that action is needed - Re: 17 Notice and MOTION to Intervene. (laj)
(Entered: 04/07/2010)
04/08/2010 18 ORDER - Denying Dr. Orly Taitz's (in pro se) 17 Motion to Intervene. Signed by
SENIOR JUDGE ROGER VINSON on 2/8/2010. (laj) (Entered: 04/08/2010)
04/12/2010 20 MOTION to Intervene (titled Ex Parte Uninsured Individual Taxpayer Salamone
Petition) filed by pro se litigant Gary Paul Salamone. (laj) (Entered: 04/13/2010)
04/12/2010 21 MOTION of Proposed Intevenor Steve Schonberg to Intervene As A Plaintiff. (laj)
(Entered: 04/13/2010)
04/12/2010 28 (Amended) MOTION of Proposed Intervenor Steve Schonberg for Admission to the
Court's CM/ECF System. (laj) (Entered: 04/15/2010)
VINSON notified that action is needed - Re: 20 MOTION to Intervene, and 21
MOTION to Intervene. Also referred Proposed Deficiency Order (Motion for
Admisison to CM/ECF System, received 4/12/10). (laj) (Entered: 04/13/2010)
04/14/2010 23 Pro Se Rule 24 MOTION to Intervene As Party Defendant by Robert P. Smith, Jr. (with
Supporting Memorandum, ND Fla. R7.1(a). (laj) (Additional attachment(s) added on
6/23/2010: # 1 Pro Se Movant Intervenor Smith's Tendered Answer to the Complaint)
(tdg). (Entered: 04/14/2010)
VINSON notified that action is needed - Re: 23 MOTION to Intervene. (laj) (Entered:
04/14/2010)
04/14/2010 24 Minute Entry for proceedings held before SENIOR JUDGE ROGER VINSON:
Scheduling Conference held on 4/14/2010. Scheduling Order to be entered. (Court
Reporter Donna Boland.) (jrm) (Entered: 04/14/2010)
04/14/2010 25 NOTICE of Appearance by KATHERINE JEAN SPOHN on behalf of STATE OF
NEBRASKA (SPOHN, KATHERINE) (Entered: 04/14/2010)
04/14/2010 26 FINAL SCHEDULING ORDER re 24 Scheduling Conference. Plaintiff's date for filing
an amended complaint: 5/14/10. Defendants' date for filing a motion to dismiss: 6/16/10.
Plaintiffs' date for filing a brief in opposition to motion to dismiss: 8/6/10. Defendants'
date for filing a reply to Plaintiffs' opposition brief: 8/27/10. Oral argument on
Defendants' motion to dismiss: 9/14/10 at 9:00 AM. Discovery deadline: 9/14/10.
Signed by SENIOR JUDGE ROGER VINSON on 4/14/10. (tdg) (Entered: 04/14/2010)
11 of 19 11/8/2010 1:41 PM
04/14/2010 27 Redacted Notice and MOTION for Reconsideration or MOTION (titled Request) for
Certification for Interlocutory Appeal - Re: 18 Order. (laj) Modified on 4/23/2010 (jrm).
(Entered: 04/15/2010)
04/15/2010 29 ORDER - Denying 28 Pro Se Motion of Proposed Intervenor Steve Schonberg for
Admission to the Court's CM/ECF System. Access to the CM/ECF System requires a
PACER account with proper registration and fee payment. Only admitted attorneys can
file electronically. Signed by SENIOR JUDGE ROGER VINSON on 4/15/2010. (laj)
(Entered: 04/15/2010)
VINSON notified that action is needed - Re: 27 Notice and MOTION for
Reconsideration re 18 Order on Motion to Intervene. (laj) (Entered: 04/15/2010)
04/15/2010 34 MOTION to Intervene (titled Entry of Appearance for the People of the State of
Oklahoma by Private Attorney General, Stephen P. Wallace). (laj) (Entered:
04/22/2010)
04/16/2010 30 Pro Se Movant Intervenor Robert P. Smith's Supplemental MEMORANDUM of Law
Supporting 23 MOTION to Intervene. (laj) (Entered: 04/16/2010)
VINSON notified that action is needed - Re: 30 Memorandum in Support. Also referred
a Proposed Deficiency Order (Entry of Appearance from Stephan P. Wallace, received
4/15/10). (laj) (Entered: 04/16/2010)
04/20/2010 32 NOTICE of Appearance by BRIAN G KENNEDY on behalf of TIMOTHY F
GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES
DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE
TREASURY (KENNEDY, BRIAN) (Entered: 04/20/2010)
04/20/2010 33 NOTICE of Appearance by ERIC B BECKENHAUER on behalf of TIMOTHY F
TREASURY (BECKENHAUER, ERIC) (Entered: 04/20/2010)
04/20/2010 35 NOTICE of Correction of Errata by Stephan P. Wallace (Private Attorney General) -
Re: 34 MOTION to Intervene. (laj) (Entered: 04/22/2010)
04/20/2010 36 Revised MOTION of Proposed Intervenor Steve Schonberg to Intervene As A Plaintiff.
(laj) (Entered: 04/22/2010)
VINSON notified that action is needed - Re: 34 MOTION to Intervene, 35 Notice of
Correction of Errata, and 36 MOTION to Intervene. (laj) (Entered: 04/22/2010)
04/23/2010 37 ORDER ON MOTIONS TO INTERVENE - 1) Orly Taitz's 27 Motion for
Reconsideration or Certification of Interlocutory Appeal is Denied. 2) The Motions to
Intervene filed by Gary P. Salamone (doc. 20 ), Robert P. Smith, Jr. (doc. 23 ), Steve
Schonberg (docs. 21 , 36 ), and Stephan P. Wallace (doc. 34 ) are also Denied. The
court has now considered six separate Motions to Intervene in this case. In order to save
time and conserve judicial resources, any and all future Motions to Intervene that do not
satisfy the legal standard set forth above and in my previous Order (doc. 18 ) will be
12 of 19 11/8/2010 1:41 PM
summarily denied. Signed by SENIOR JUDGE ROGER VINSON on 4/23/2010. (laj)

(Entered: 04/23/2010)
04/26/2010 38 MOTION of Proposed Intervenor Steve Schonberg for Partial Admission to the Court's
CM/ECF System. (laj) (Entered: 04/29/2010)
VINSON notified that action is needed - Re: 38 MOTION to Intervene. (laj) (Entered:
04/29/2010)
04/30/2010 39 ORDER - Denying 38 MOTION of Proposed Intervenor Steve Schonberg for Partial
Admission to the CM/ECF system. Signed by SENIOR JUDGE ROGER VINSON on
4/30/2010. (laj) (Entered: 04/30/2010)
05/12/2010 40 NOTICE of Appearance by WILLIAM JAMES COBB, III on behalf of STATE OF
TEXAS (COBB, WILLIAM) (Entered: 05/12/2010)
05/13/2010 41 SUMMONS Returned Executed by STATE OF WASHINGTON, STATE OF
ALABAMA, STATE OF SOUTH CAROLINA, STATE OF FLORIDA, STATE OF
SOUTH DAKOTA, STATE OF LOUISIANA, STATE OF NEBRASKA, STATE OF
COLORADO, STATE OF IDAHO, STATE OF MICHIGAN, STATE OF TEXAS,
COMMONWEALTH OF PENNSYLVANIA, STATE OF UTAH. TIMOTHY F
GEITHNER served on 4/12/2010, answer due 5/3/2010; KATHLEEN SEBELIUS
served on 3/29/2010, answer due 4/19/2010; HILDA L SOLIS served on 3/29/2010,
answer due 5/3/2010; UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES served on 3/29/2010, answer due 5/3/2010; UNITED STATES
DEPARTMENT OF LABOR served on 4/2/2010, answer due 5/3/2010; UNITED
STATES DEPARTMENT OF THE TREASURY served on 4/12/2010, answer due
5/3/2010. (Attachments: # 1 Exhibit "A" Return of Service of HHS and H. Solis, # 2
Exhibit "B" Return of Service of Treasury and T. Geithner, # 3 Exhibit "C" Return of
Service of Labor and H. Solis, # 4 Exhibit "D" return of Service of Attorney General E.
Holder) (WINSHIP, BLAINE) (Entered: 05/13/2010)
05/14/2010 42 First AMENDED COMPLAINT by and through Sonny Perdue, Governor of the State
of Georgia, State of Alaska, by and through Daniel S. Sullivan, Attorney General of the
State of Alaska, National Federation of Independent Business, a California Nonprofit
Mutual Benefit Corporation, State of Nevada, by and through Jim Gibbons, Governor of
the State of Nevada, State of North Dakota, by and through Wayne Stenejhem,
Attorney General of the State of North Dakota, State of Indiana, by and through
Gregory F. Zoeller, Attorney General, State of Mississippi, by and through Haley
Barbour, Governor of the State of Mississippi, Kaj Ahlburg, State of Arizona, by and
through Janice K. Brewer, Governor of the State of Arizona, Mary Brown, filed by
STATE OF WASHINGTON, STATE OF ALABAMA, STATE OF SOUTH
CAROLINA, STATE OF FLORIDA, STATE OF SOUTH DAKOTA, STATE OF
LOUISIANA, STATE OF NEBRASKA, STATE OF COLORADO, STATE OF IDAHO,
STATE OF MICHIGAN, STATE OF TEXAS, COMMONWEALTH OF
PENNSYLVANIA, STATE OF UTAH (WINSHIP, BLAINE) Modified on 5/14/2010 to
clean up text (djb). (Entered: 05/14/2010)
05/25/2010 43 MOTION to Extend Time to Respond to Amended Complaint by TIMOTHY F
13 of 19 11/8/2010 1:41 PM
TREASURY. (Attachments: # 1 Exhibit A - Transcript of Sched. Hrg. (Apr. 14, 2010), #

2 Proposed Order) (BECKENHAUER, ERIC) Modified on 5/26/2010 - transcript
access restricted pursuant to privacy policies during the redaction review period, see 44
for official transcript (tdg). (Entered: 05/25/2010)
05/26/2010 44 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Rule 16 Hearing (46 pgs) held
on April 14, 2010, before Judge Roger Vinson. Court Reporter/Transcriber Donna L.
Boland, Telephone number 850.470.8189.
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.
Redaction Request due 6/2/2010. Release of Transcript Restriction set for 8/31/2010.
(dlb) (Entered: 05/26/2010)
VINSON notified that action is needed - Re: Proposed Deficiency Order (Gary P.
Salamone's Change of Address, received 5/21/2010). (laj) (Entered: 05/26/2010)
you by the Clerk without electronic filing. Signed by SENIOR JUDGE ROGER
VINSON on 5/28/2010. (laj) (Entered: 05/28/2010)
05/28/2010 46 ORDER Dfts' 43 Motion for Extension of Time. Signed by SENIOR JUDGE ROGER
VINSON on 5/28/2010. (laj) (Entered: 05/28/2010)
06/01/2010 47 NOTICE of Appearance by DAVID BORIS RIVKIN, JR on behalf of KAJ AHLBURG,
MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL
FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF
ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA,
STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF
LOUISIANA, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF
NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF
SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF
UTAH, STATE OF WASHINGTON (RIVKIN, DAVID) (Entered: 06/01/2010)
06/01/2010 48 NOTICE of Appearance by DAVID BORIS RIVKIN, JR on behalf of KAJ AHLBURG,
MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL
FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF
ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA,
STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF
LOUISIANA, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF
NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF
SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF
UTAH, STATE OF WASHINGTON (RIVKIN, DAVID) (Entered: 06/01/2010)
06/11/2010 49 Consent MOTION for Leave to File Excess Pages by TIMOTHY F GEITHNER,
KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR,
UNITED STATES DEPARTMENT OF THE TREASURY. (Attachments: # 1 Text of
Proposed Order) (BECKENHAUER, ERIC) (Entered: 06/11/2010)
14 of 19 11/8/2010 1:41 PM

VINSON notified that action is needed - Re: 49 Consent MOTION for Leave to File
Excess Pages. (laj) (Entered: 06/14/2010)
06/14/2010 50 ORDER ON AMICUS CURIAE FILINGS - (see Order image) - Signed by SENIOR
JUDGE ROGER VINSON on 6/14/2010. (laj) (Entered: 06/14/2010)
06/14/2010 51 ORDER - Granting Dfts' 49 Motion for Leave to File Excess Pages - Re: [Motion to
Dismiss). Signed by SENIOR JUDGE ROGER VINSON on 6/14/2010. (laj) (Entered:
06/14/2010)
06/14/2010 52 MOTION to Intervene by Right filed by Gary P. Salamone. (laj) (Entered: 06/15/2010)
VINSON notified that action is needed - Re: 52 MOTION to Intervene By Right (Gary
P. Salamone). (laj) (Entered: 06/15/2010)
06/15/2010 53 ORDER - Denying Gary P. Salamone's 52 Motion to Intervene by Right. For the
reasons stated in prior orders, the requested relief is Denied (see docs. 18, 37). Signed
by SENIOR JUDGE ROGER VINSON on 6/15/2010. **Copies of this order and prior
orders sent to Gary P. Salamone. (laj) (Entered: 06/16/2010)
you by the Clerk without electronic filing. Signed by SENIOR JUDGE ROGER
VINSON on 6/15/2010. **Copy of Order and deficient document sent to Paul Andrew
Mitchell. (laj) (Entered: 06/16/2010)
06/16/2010 55 MOTION to Dismiss by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA
L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN
SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES
DEPARTMENT OF THE TREASURY. (Internal deadline for referral to judge if
response not filed earlier: 7/6/2010). (Attachments: # 1 Memorandum in Support)
(BECKENHAUER, ERIC) (Entered: 06/16/2010)
06/17/2010 56 NOTICE Errata by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L
OF THE TREASURY re 55 MOTION to Dismiss (Attachments: # 1 Memorandum in
Support of 55 Defendants' Motion to Dismiss) (BECKENHAUER, ERIC) (Entered:
06/17/2010)
06/23/2010 57 MOTION clarification and leave (titled as Motion for Clarification of the Court's June
14, 2010 Order and in the Alternative for Leave to Appear as Amicus Curiae and
Memorandum in Support) by States of Oregon, Iowa and Vermont. (DUBANEVICH,
KEITH) (Entered: 06/23/2010)
06/23/2010 58 RULE 7.1(B) CONFERENCE STATEMENT re 57 MOTION clarification and leave
(titled as Motion for Clarification of the Court's June 14, 2010 Order and in the
Alternative for Leave to Appear as Amicus Curiae and Memorandum in Support)
MOTION clarification and leave (titled as Motion for Clarification of the Court's June
14, 2010 Order and in the Alternative for Leave to Appear as Amicus Curiae and
Memorandum in Support) by States of Oregon, Iowa and Vermont. (DUBANEVICH,
KEITH) (Entered: 06/23/2010)
15 of 19 11/8/2010 1:41 PM
06/23/2010 59 MOTION for Leave to File Amicus Brief and Memorandum in Support Thereof by
GOVERNORS OF COLORADO, MICHIGAN, PENNSYLVANIA AND
WASHINGTON. (BARAUSKAS, ALEKSAS) (Entered: 06/23/2010)
06/23/2010 60 RESPONSE in Opposition re 57 MOTION clarification and leave (titled as Motion for
Clarification of the Court's June 14, 2010 Order and in the Alternative for Leave to
Appear as Amicus Curiae and Memorandum in Support) MOTION clarification and
leave (titled as Motion for Clarification of the Court's June 14, 2010 Order and in the
Alternative for Leave to Appear as Amicus Curiae and Memorandum in Support) filed
by KAJ AHLBURG, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA,
NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF
ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO,
STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF
INDIANA, STATE OF LOUISIANA, STATE OF MICHIGAN, STATE OF
MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH
DAKOTA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE
OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON. (WINSHIP, BLAINE)
(Entered: 06/23/2010)
VINSON notified that action is needed - Re: 57 MOTION for Clarification and Leave
(titled as Motion for Clarification of the Court's June 14, 2010 Order and in the
Alternative for Leave to Appear as Amicus Curiae and Memorandum in Support), and
60 Response in Opposition to Motion. (laj) (Entered: 06/24/2010)
06/25/2010 61 RESPONSE to Motion re 59 MOTION for Leave to File Amicus Brief and
Memorandum in Support Thereof filed by STATE OF WASHINGTON. (WINSHIP,
BLAINE) (Entered: 06/25/2010)
06/25/2010 62 ORDER denying 57 Motion and denying 59 Motion for Leave to File, but with leave to
renew them if the case survives dismissal. Signed by SENIOR JUDGE ROGER
VINSON on 6/25/10. (ijm) (Entered: 06/25/2010)
06/29/2010 63 Pro Se MOTION by Robert P. Smith, Jr. to Reconsider the Court's 37 Denial of Smith's
FRCP 24(a) (Docs. 23 , 30 ) to Interven as Party Defendant, and Alternatively, Smith's
Renewed FRCP R. 24(a) MOTION to Intervene (including supporting Memorandum,
N.D. Fla. Loc. R. 7.1(a)). (laj) (Entered: 06/29/2010)
VINSON notified that action is needed - Re: 63 Pro Se MOTION by Robert P. Smith, Jr.
to Reconsider the Court's 37 Denial of Smith's FRCP 24(a) (Docs. 23, 30 ) to Interven
as Party Defendant, and Alternatively, Smith's Renewed FRCP R. 24(a) MOTION to
Intervene (including supporting Memorandum, N.D. Fla. Loc. R. 7.1(a)). (laj) (Entered:
06/29/2010)
07/01/2010 64 ORDER - Re: 63 Pro Se MOTION by Robert P. Smith, Jr. to Reconsider the Court's
Denial of Smith's FRCP 24(a) Motion to Intervene as Party Defendant; and
Alternatively, Smith's Renewed 63 MOTION to Intervene. For the reasons state in prior
Orders, the requested relief is Denied (see docs. 18 , 37 ). Signed by SENIOR JUDGE
ROGER VINSON on 7/1/2010. (laj) (Entered: 07/02/2010)
08/02/2010 65 MOTION to File Amicus Curiae Brief in Support of Plaintiffs' Opposition to
Defendants' Motion to Dismiss by Ray Elbert Parker, (pro se litigant). (laj) (Entered:
08/02/2010)
16 of 19 11/8/2010 1:41 PM

VINSON notified that action is needed - Re: 65 MOTION to File Amicus Curiae Brief
in Support of Plaintiffs' Opposition to Defendants' Motion to Dismiss. (laj) (Entered:
08/02/2010)
08/03/2010 66 ORDER - DENYING Pet Ray E. Parker's 65 Motion to File Amicus Curiae Brief in
Support of Plas' Opposition to Dfts' Motion to Dismiss. See doc. 50. Signed by SENIOR
JUDGE ROGER VINSON on 8/3/2010. **Copy mailed to Ray E. Parker. (laj)
(Entered: 08/04/2010)
08/06/2010 68 RESPONSE in Opposition re 55 MOTION to Dismiss filed by STATE OF FLORIDA, et
al (all plaintiffs) . (WINSHIP, BLAINE) **Modified on 8/6/2010 to create linkage for
filers. (laj). (Entered: 08/06/2010)
08/09/2010 69 MOTION to Correct Obvious Error in Court Record by pro se litigant Gary P.
Salamone. (laj) (Entered: 08/10/2010)
VINSON notified that action is needed - Re: 69 MOTION to Correct Obvious Error in
Court Record. (laj) (Entered: 08/10/2010)
08/10/2010 70 ORDER - Pro se litigant Gary P. Salamone's 69 Motion to Correct Obvious Error in
Court Record. Signed by SENIOR JUDGE ROGER VINSON on 8/10/2010. **Copy of
Order mailed to pro se litigant Gary P. Salomone. (laj) (Entered: 08/10/2010)
08/16/2010 71 NOTICE of Appearance by CARLOS RAMOS-MROSOVSKY on behalf of KAJ
AHLBURG, MARY BROWN, NATIONAL FEDERATION OF INDEPENDENT
BUSINESS (RAMOS-MROSOVSKY, CARLOS) (Entered: 08/16/2010)
you by Clerk w/o electronic filing. Signed by SENIOR JUDGE ROGER VINSON on
8/16/2010. (laj) (Entered: 08/17/2010)
08/27/2010 73 ORDER of Deficiency - MOTION TO ORDER CORRECTION OF
CONSTITUTIONAL DEFICIENCIES (received 8/24/2010), shall be returned without
electronic filing. Signed by SENIOR JUDGE ROGER VINSON on 8/27/2010. (djb)
(Entered: 08/27/2010)
08/27/2010 74 REPLY to Response to Motion re 55 MOTION to Dismiss filed by TIMOTHY F
TREASURY. (KENNEDY, BRIAN) (Entered: 08/27/2010)
VINSON notified that action is needed - Re: 74 Reply to 68 Response to 55 Motion to
Dismiss. (laj) (Entered: 08/30/2010)
09/14/2010 75 Minute Entry for proceedings held before SENIOR JUDGE ROGER VINSON:Oral
Argument as to Defendants' 55 MOTION to Dismiss held on 9/14/2010. (Court
Reporter Donna Boland.) (Attachments: # 1 Plaintiffs' Exhibit 1) (jmd) (Entered:
09/15/2010)
09/15/2010 76 AMENDED FINAL SCHEDULING ORDER - Re: 26 Order - A) I will enter my
written Order on the Dfts' 55 Motion to Dismiss on or before 10/14/2010. Assuming the
17 of 19 11/8/2010 1:41 PM
case survives dismissal in whole or in part, the parties have until 11/4/2010 in which to
move for summary judgment (and the Dfts may file their answer at the same time); the
opposing party will have until 11/23/2010 to respond; and the moving party will have
until 12/6/2010 to file any Reply. B) As provided in the original Final Scheduling Order,
the briefing with regard to the motions discussed above will be limited to (50) pages for
the initial and responsive briefs, and (25) pages for reply briefs. C) Hearing and oral
argument on the motion(s) for summary judgment will held on Thursday, 12/16/2010 @
9:00 AM (CST). Both sides will be allowed (1) hour for argument. Signed by SENIOR
JUDGE ROGER VINSON on 9/15/2010. (laj) (Entered: 09/16/2010)
09/21/2010 77 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion to Dismiss Proceedings
held on September 14, 2010, before Judge Roger Vinson. Court Reporter/Transcriber
Donna L. Boland, Telephone number 850.470.8189.
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.
Redaction Request due 9/28/2010. Release of Transcript Restriction set for 12/27/2010.
(dlb) (Entered: 09/21/2010)
10/08/2010 78 NOTICE of Supplemental Authority by TIMOTHY F GEITHNER, KATHLEEN
SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED
STATES DEPARTMENT OF THE TREASURY (Attachments: # 1 Exhibit Thomas
More Law Center v. Obama, No. 10-CV-11156 (E.D. Mich. Oct. 7, 2010))
VINSON notified that action is needed - Re: 78 Notice of Supplemental Authority. (laj)
(Entered: 10/13/2010)
10/14/2010 79 ORDER AND MEMORANDUM OPINION - The Dfts' 55 Motion to Dismiss is
GRANTED w/respect to Counts Two, Five, and Six, and those counts are hereby
DISMISSED. The Motion is DENIED w/respect to Counts One and Four, Count Three
is also DISMISSED, as Moot. The case will continue as to Counts One and Four
pursuant to the Scheduling Order previously entered. Signed by SENIOR JUDGE
ROGER VINSON on 10/14/2010. (laj) (Entered: 10/14/2010)
11/01/2010 84 MOTION for Intervention in the Herein Case - Attachments: # 1 Exhibit A, # 2 Exhibit
B1, # 3 Exhibit B2, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E. (laj) (Entered:
11/05/2010)
11/04/2010 80 MOTION for Summary Judgment by PLAINTIFF STATES. (Internal deadline for
referral to judge if response not filed earlier: 11/22/2010). (Attachments: # 1
Memorandum of Law, # 2 Statement of Material Facts, # 3 Exhibits Volume I, # 4
Exhibits Volume II, # 5 Exhibits Volume III, # 6 Exhibits Volume IV) (tdg) (Additional
attachment(s) added on 11/4/2010: # 7 Exhibits Volume V.1 (35, 36), # 8 Exhibits
Volume V.2 (37,38), # 9 Exhibits Volume V.3 (39,40)) (tdg). (Entered: 11/04/2010)
11/04/2010 81 ANSWER to Complaint 42 Amended Complaint by TIMOTHY F GEITHNER,
KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR,
18 of 19 11/8/2010 1:41 PM
UNITED STATES DEPARTMENT OF THE TREASURY. (BECKENHAUER, ERIC)

(Entered: 11/04/2010)
11/04/2010 82 MOTION for Summary Judgment by TIMOTHY F GEITHNER, KATHLEEN
SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND
HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED
STATES DEPARTMENT OF THE TREASURY. (Internal deadline for referral to judge
if response not filed earlier: 11/22/2010). (Attachments: # 1 Memorandum in Support, #
2 Statement of Facts) (BECKENHAUER, ERIC) (Entered: 11/04/2010)
11/05/2010 83 NOTICE Errata re Exhibits in support of 82 Defendants' Motion for Summary
Judgment by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS,
UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED
STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE
TREASURY (Attachments: # 1 Table of Exhibits, # 2 Exhibit 1, # 3 Exhibit 2, # 4
Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10
Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15
Exhibit 39, # 41 Exhibit 40, # 42 Exhibit 41, # 43 Exhibit 42, # 44 Exhibit 43)
VINSON notified that action is needed - Re: 84 MOTION for Intervention in the Herein
Case. (laj) (Entered: 11/05/2010)
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CM/ECF - U.S. District Court:flnd https://ecf.flnd.uscourts.gov/cgi-bin/DktRpt.pl?

U.S. District Court

STATE OF FLORIDA et al v. UNITED STATES Date Filed: 03/23/2010

LEE ALFRED CASEY

LEE ALFRED CASEY

KATHERINE JEAN SPOHN

LEE ALFRED CASEY

LEE ALFRED CASEY

WILLIAM JAMES COBB , III

LEE ALFRED CASEY

LEE ALFRED CASEY

LEE ALFRED CASEY

LEE ALFRED CASEY

(See above for address)

LEE ALFRED CASEY

LEE ALFRED CASEY

LEE ALFRED CASEY

LEE ALFRED CASEY

NEW YORK, NY 10111

DAVID BORIS RIVKIN , JR

LEE ALFRED CASEY

LEE ALFRED CASEY

(See above for address)

DAVID BORIS RIVKIN , JR

LEE ALFRED CASEY

DAVID BORIS RIVKIN , JR

LEE ALFRED CASEY

TIMOTHY F GEITHNER represented by BRIAN G KENNEDY

Date Filed # Docket Text

03/23/2010 1 COMPLAINT against TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L

summarily denied. Signed by SENIOR JUDGE ROGER VINSON on 4/23/2010. (laj)

TREASURY. (Attachments: # 1 Exhibit A - Transcript of Sched. Hrg. (Apr. 14, 2010), #

Transcript may be viewed at the court public terminal or purchased

06/14/2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER

08/02/2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER

Transcript may be viewed at the court public terminal or purchased

UNITED STATES DEPARTMENT OF THE TREASURY. (BECKENHAUER, ERIC)

PACER Service Center

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