Texas joins lawsuit against CDC

[exm]

Interesting. The judge ordered mediation which is surprising. I thought he would side with the CDC, so this is definitely a win. Basically the judge asked both parties to come with a workable solution before June 1st.

[Stallion]

50 minutes ago, Pratique said:

Judges do not throw parties out of court or deny injunctions easily (if he did there would almost certainly be an appeal, which is not the way the judge wants it to go). On top of that, I don't think a motion to dismiss is before the court. The feds oppose the injunction itself but have not asked the court to dismiss the case yet.

 

My take is that no one has passed any significant hurdles yet, the judge is just giving them another chance to move forward in a way that potentially makes his job easier. It may well be that this is a pocket veto of the injunction but only because the burden on the state for getting it is quite high and the judge isn't sure what the remedy it. Toss out the CDC's order completely, leave it alone, or work out some modification of it? Sending it to the mediator seems like a smart move regardless of how the judge is leaning (if he is leaning at all).

Yeah as I remember the CDC's answer is not even due until 50 days after service because it involves a federal agency. Forgive me if the CDC voluntarily answered the complaint but I haven't seen it. So if they haven't answered you wouldn't see the the CDC's 12(6) motions to dismiss yet(which will definitely be filed in this case). The 12(b)(6) motions often seek to end, or delay,  the litigation based upon matters such as subject matter jurisdiction, standing, pleading deficiencies, failure to join proper parties or failure to state a claim upon which relief can be granted

Edited May 18, 2021 by Stallion

[Tree_skier]

I can’t see this as being anything but a win for Florida. The judge is essentially saying there is room for movement on the part of the CDC so get to the table and come back with a reasonable solution. He’s clearly indicating that he doesn’t feel the CDC’s CSO is reasonable. If he did he wouldn’t be forcing them to the table. The CDC just quietly removed the requirement for shore side quarantine in the event of an outbreak. 

[ShipFan13]

Do you all think it might open in June vs July and the CSO route were taking now?

[At Sea At Peace]

13 minutes ago, Stallion said:

Yeah as I remember the CDC's answer is not even due until 50 days after service because it involves a federal agency. Forgive me if the CDC voluntarily answered the complaint but I haven't seen it. So if they haven't answered you wouldn't see the the CDC's 12(6) motions to dismiss yet(which will definitely be filed in this case). The 12(b)(6) motions often seek to end, or delay,  the litigation based upon matters such as subject matter jurisdiction, standing, pleading deficiencies, failure to join proper parties or failure to state a claim upon which relief can be granted

 

Are you referring to this?

 

https://storage.courtlistener.com/recap/gov.uscourts.flmd.388773/gov.uscourts.flmd.388773.31.0.pdf

 

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION STATE OF FLORIDA

 

Plaintiff v. Case No. 8:21-cv-839-SDM-AAS XAVIER BECERRA, Secretary of the Dep’t of Health and Human Services, et al., Defendant.

 

DEFENDANTS’ MEMORANDUM IN OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

 

 

[dswallow]

1 minute ago, At Sea At Peace said:

 

Are you referring to this?

 

https://storage.courtlistener.com/recap/gov.uscourts.flmd.388773/gov.uscourts.flmd.388773.31.0.pdf

 

UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION STATE OF FLORIDA

 

Plaintiff v. Case No. 8:21-cv-839-SDM-AAS XAVIER BECERRA, Secretary of the Dep’t of Health and Human Services, et al., Defendant.

 

DEFENDANTS’ MEMORANDUM IN OPPOSITION TO PLAINTIFF’S MOTION FOR A PRELIMINARY INJUNCTION

 

 

 

The CDC has not filed an answer to the suit. Everything filed since then has basically been about the motion for a preliminary injunction, up until the mediator order.

[Stallion]

No that's not an answer to a complaint-only an opposition to a motion. The answer will contain 12(b)(6) defenses, affirmative defenses and admissions or denials to each factual allegation of Florida in the complaint

[At Sea At Peace]

2 minutes ago, dswallow said:

 

The CDC has not filed an answer to the suit. Everything filed since then has basically been about the motion for a preliminary injunction, up until the mediator order.

 

1 minute ago, Stallion said:

No that's not an answer to a complaint-only an opposition to a motion. The answer will contain 12(b)(6) defenses, affirmative defenses and admissions or denials to each factual allegation of Florida in the complaint

 

Thanks.  I did pay for law school, but it was for my 2nd of 3 sons.  😧

[Stallion]

This would be a good time to remind the "crew" that the essential issue at a preliminary injunction is stated below by the CDC-the Plaintiffs had a similiar statement of the standards in their brief-the standards of review: 

 

“A preliminary injunction is an extraordinary remedy never awarded as of right.” Winter v. Nat. Res. Def. Council, Inc., 555 U.S. 7, 24 (2008). “In order to obtain [a preliminary injunction], a party must establish four separate requirements— namely, that (1) it has a substantial likelihood of success on the merits; (2) irreparable injury will be suffered unless the injunction issues; (3) the threatened injury to the movant outweighs whatever damage the proposed injunction may cause the opposing party; and (4) if issued, the injunction would not be adverse to the public interest.” Swain v. Junior, 961 F.3d 1276, 1284–85 (11th Cir. 2020) (citation omitted). “[F]ailure to meet even one dooms” Plaintiff’s motion. Wreal, LLC v. Amazon.com, 840 F.3d 2144, 1248 (11th Cir. 2016). Plaintiff here has an even higher burden. The “chief function of a preliminary injunction is to preserve the status quo until the merits of the controversy can be fully and fairly adjudicated.” Ne. Fla. Chapter of Ass’n of Gen. Contractors of Am. v. City of Jacksonville, 896 F.2d 1283, 1284 (11th Cir. 1990). “Mandatory preliminary relief[,]” which changes the status quo, “is particularly disfavored, and should not be issued unless the facts and law clearly favor the moving party.” Powers v. Sec’y, Fla. Dep’t of Corr., 691 F. App’x 581, 583 (11th Cir. 2017) (citation omitted). A

Edited May 18, 2021 by Stallion

[Pratique]

15 minutes ago, Stallion said:

No that's not an answer to a complaint-only an opposition to a motion. The answer will contain 12(b)(6) defenses, affirmative defenses and admissions or denials to each factual allegation of Florida in the complaint

I have not seen the answer yet either.

[Pratique]

12 minutes ago, Stallion said:

The “chief function of a preliminary injunction is to preserve the status quo until the merits of the controversy can be fully and fairly adjudicated.”

Preserve the status quo is not what Florida wants here. lol

[Pratique]

36 minutes ago, dswallow said:

 

The CDC has not filed an answer to the suit. Everything filed since then has basically been about the motion for a preliminary injunction, up until the mediator order.

That seems true in this case but sometimes an "answer" lurks within another filing - you need to be very careful not to file anything that could be construed as an "answer" when you don't intend to file one.

[Pratique]

1 hour ago, exm said:

Interesting. The judge ordered mediation which is surprising. I thought he would side with the CDC, so this is definitely a win. Basically the judge asked both parties to come with a workable solution before June 1st.

The mediation has to begin by June 1. The mediator decides when it ends.

[Pratique]

1 hour ago, livingonthebeach said:

 

Not sure if they are 100% ready but they have been making preparations including getting crew vaccinated.  Miami as well as Galveston and Mobile have vaccinating stations the crew can use at the ports.  They may be able to have a few ships ready by July once they get the green light -- if they do away with the onerous shore facilities contractual agreements, which I'm hoping they do. 

Vaccinations take 5-6 weeks, right? Two shots plus two weeks waiting after the second shot.

[dswallow]

4 minutes ago, Pratique said:

Vaccinations take 5-6 weeks, right? Two shots plus two weeks waiting after the second shot.

 

Or Janssen + 2 weeks.

[livingonthebeach]

6 minutes ago, Pratique said:

Vaccinations take 5-6 weeks, right? Two shots plus two weeks waiting after the second shot.

 

Many have been vaccinated several weeks ago.  J&J is one time + 2 weeks. 

[Pratique]

24 minutes ago, dswallow said:

 

Or Janssen + 2 weeks.

 

20 minutes ago, livingonthebeach said:

 

Many have been vaccinated several weeks ago.  J&J is one time + 2 weeks. 

Do we know if they are getting the one shot vaccines? I'm just curious how quickly they can really be ready for duty. July seems too soon to me.

[livingonthebeach]

Just now, Pratique said:

 

Do we know if they are getting the one shot vaccines? I'm just curious how quickly they can really be ready for duty. July seems too soon to me.

 

July might be tight but doable for a few ships if the cruise lines are given the green light.  Looks like  the CDC has been updating the CSO outside of the lawsuit and progress has been made as the science evolves. 

[exm]

2 hours ago, Pratique said:

The mediation has to begin by June 1. The mediator decides when it ends.

 

After hearing deliberations on May 12, Judge Merryday said Florida and the CDC must work out an agreement prior to June 1, 2021.

[dswallow]

2 hours ago, Pratique said:

 

Do we know if they are getting the one shot vaccines? I'm just curious how quickly they can really be ready for duty. July seems too soon to me.

 

I've only heard that those on Adventure of the Seas are currently sailing to Port Canaveral and are expected to be there on May 20 and will be vaccinated with the Janssen vaccine, then begin sailings with passengers from Nassau on June 12.

[dswallow]

The Government filed a Memorandum in opposition to Motion to Intervene by State of Texas.

https://www.2150.com/files/cc/8_21-cv-00839-SDM-AAS/57_047023018903_MemorandumOfLawInOppositionToTexas.pdf
https://www.2150.com/files/cc/8_21-cv-00839-SDM-AAS/57-1_047123018904_ExhibitGalveston.pdf

Florida v. HHS, CDC (2150.com)

[Coralc]

On 5/18/2021 at 1:23 PM, ShipFan13 said:

Do you all think it might open in June vs July and the CSO route were taking now?

No unfortunately, probably not. No matter which way it goes, they will still need quite a bit of time to bring crew members back to the ships. 

[livingonthebeach]

9 hours ago, dswallow said:

The Government filed a Memorandum in opposition to Motion to Intervene by State of Texas.

https://www.2150.com/files/cc/8_21-cv-00839-SDM-AAS/57_047023018903_MemorandumOfLawInOppositionToTexas.pdf
https://www.2150.com/files/cc/8_21-cv-00839-SDM-AAS/57-1_047123018904_ExhibitGalveston.pdf

Florida v. HHS, CDC (2150.com)

 

Oh my.  The are messing with Texas....not wise