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

531770045574679-L_770_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 DEPARTMENT OF HEALTH Date Filed: 03/23/2010

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 BLAINE H WINSHIP
BY AND THROUGH BILL MCCOLLUM 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
ATTORNEY TO BE NOTICED

Plaintiff
STATE OF SOUTH CAROLINA represented by BLAINE H WINSHIP
BY AND THROUGH HENRY MCMASTER (See above for address)
ATTORNEY GENERAL ATTORNEY TO BE NOTICED

Plaintiff
STATE OF NEBRASKA represented by KATHERINE JEAN SPOHN
BY AND THROUGH JON BRUNING ATTORNEY NEBRASKA ATTORNEY GENERAL'S OFFICE
GENERAL 2115 STATE CAPITOL
LINCOLN, NE 68509
402-471-2834
Fax: 402-471-1929
Email: katie.spohn@nebraska.gov
ATTORNEY TO BE NOTICED

BLAINE H WINSHIP
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
STATE OF TEXAS represented by WILLIAM JAMES COBB , III
BY AND THROUGH GREG ABBOTT ATTORNEY STATE OF TEXAS OFFICE OF ATTORNEY
GENERAL GENERAL - AUSTIN TX
209 W 14TH ST
AUSTIN, TX 78711
512-475-0131
Fax: 512-936-0545
Email: bill.cobb@oag.state.tx.us
ATTORNEY TO BE NOTICED

BLAINE H WINSHIP
(See above for address)
ATTORNEY TO BE NOTICED

Plaintiff
STATE OF UTAH represented by BLAINE H WINSHIP
BY AND THROUGH MARK L SHURTLEFF (See above for address)
ATTORNEY GENERAL ATTORNEY TO BE NOTICED

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Plaintiff
STATE OF LOUISIANA represented by BLAINE H WINSHIP
BY AND THROUGH JAMES D BUDDY CALDWELL (See above for address)
ATTORNEY GENERAL ATTORNEY TO BE NOTICED

Plaintiff
STATE OF ALABAMA represented by BLAINE H WINSHIP
BY AND THROUGH TROY KING ATTORNEY (See above for address)
GENERAL ATTORNEY TO BE NOTICED

Plaintiff
STATE OF MICHIGAN represented by BLAINE H WINSHIP
BY AND THROUGH MICHAEL A COX ATTORNEY (See above for address)
GENERAL ATTORNEY TO BE NOTICED

Plaintiff
STATE OF COLORADO represented by BLAINE H WINSHIP
BY AND THROUGH JOHN W SUTHERS ATTORNEY (See above for address)
GENERAL ATTORNEY TO BE NOTICED

Plaintiff
COMMONWEALTH OF PENNSYLVANIA represented by BLAINE H WINSHIP
BY AND THROUGH THOMAS W CORBETT JR (See above for address)
ATTORNEY GENERAL ATTORNEY TO BE NOTICED

Plaintiff
STATE OF WASHINGTON represented by BLAINE H WINSHIP
BY AND THROUGH ROBERT M MCKENNA (See above for address)
ATTORNEY GENERAL ATTORNEY TO BE NOTICED

Plaintiff
STATE OF IDAHO represented by BLAINE H WINSHIP
BY AND THROUGH LAWRENCE G WASDEN (See above for address)
ATTORNEY GENERAL ATTORNEY TO BE NOTICED

Plaintiff
STATE OF SOUTH DAKOTA represented by BLAINE H WINSHIP
BY AND THROUGH MARTY J JACKLEY ATTORNEY (See above for address)
GENERAL ATTORNEY TO BE NOTICED

Plaintiff
STATE OF GEORGIA represented by BLAINE H WINSHIP
BY AND THROUGH SONNY PERDUE, GOVERNOR (See above for address)
OF THE STATE OF GEORGIA ATTORNEY TO BE NOTICED

Plaintiff
STATE OF ALASKA represented by BLAINE H WINSHIP
BY AND THROUGH DANIEL S SULLIVAN, (See above for address)
ATTORNEY GENERAL OF THE STATE OF ALASKA ATTORNEY TO BE NOTICED

Plaintiff
NATIONAL FEDERATION OF INDEPENDENT
BUSINESS
A CALIFORNIA NONPROFIT MUTUAL BENEFIT
CORPORATION

Plaintiff
KAJ AHLBURG represented by KAJ AHLBURG
PRO SE

Plaintiff
MARY BROWN

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Plaintiff
STATE OF NEVADA represented by BLAINE H WINSHIP
BY AND THROUGH JIM GIBBONS, GOVERNOR (See above for address)
OF THE STATE OF NEVADA ATTORNEY TO BE NOTICED

Plaintiff
STATE OF NORTH DAKOTA represented by BLAINE H WINSHIP
BY AND THROUGH WAYNE STENEJHAM, (See above for address)
ATTORNEY GENERAL OF THE STATE OF NORTH ATTORNEY TO BE NOTICED
DAKOTA

Plaintiff
STATE OF INDIANA represented by BLAINE H WINSHIP
BY AND THROUGH GREGORY F ZOELLER, (See above for address)
ATTORNEY GENERAL ATTORNEY TO BE NOTICED

Plaintiff
STATE OF MISSISSIPPI represented by BLAINE H WINSHIP
BY AND THROUGH HALEY BARBOUR, (See above for address)
GOVERNOR OF THE STATE OF MISSISSIPPI ATTORNEY TO BE NOTICED

Plaintiff
STATE OF ARIZONA represented by BLAINE H WINSHIP
BY AND THROUGH JANICE K BREWER, (See above for address)
GOVERNOR OF THE STATE OF ARIZONA ATTORNEY TO BE NOTICED

V.
Defendant
UNITED STATES DEPARTMENT OF HEALTH represented by BRIAN G KENNEDY
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
ATTORNEY TO BE NOTICED

ERIC B BECKENHAUER
US DEPARTMENT OF JUSTICE - WASHINGTON
DC
CIVIL DIVISION FEDERAL PROGRAMS
BRANCH
20 MASSACHUSETTS AVE NW
WASHINGTON, DC 20530
202-514-3338
Fax: 202-616-8470
Email: eric.beckenhauer@usdoj.gov
ATTORNEY TO BE NOTICED

Defendant
KATHLEEN SEBELIUS
IN HER OFFICIAL CAPACITY AS THE SECRETARY
OF THE UNITED STATES DEPARTMENT OF
HEALTH AND HUMAN SERVICES
represented by BRIAN G KENNEDY
(See above for address)
ATTORNEY TO BE NOTICED
ERIC B BECKENHAUER
(See above for address)
ATTORNEY TO BE NOTICED

Defendant

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UNITED STATES DEPARTMENT OF THE represented by BRIAN G KENNEDY

TREASURY (See above for address)
ATTORNEY TO BE NOTICED

ERIC B BECKENHAUER
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
TIMOTHY F GEITHNER represented by BRIAN G KENNEDY
IN HIS OFFICIAL CAPACITY AS THE SECRETARY (See above for address)
OF THE UNITED STATES DEPARTMENT OF ATTORNEY TO BE NOTICED
TREASURY
ERIC B BECKENHAUER
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
UNITED STATES DEPARTMENT OF LABOR represented by BRIAN G KENNEDY
(See above for address)
ATTORNEY TO BE NOTICED

ERIC B BECKENHAUER
(See above for address)
ATTORNEY TO BE NOTICED

Defendant
HILDA L SOLIS represented by BRIAN G KENNEDY
IN HER OFFICIAL CAPACITY AS THE SECRETARY (See above for address)
OF THE UNITED STATES DEPARTMENT OF ATTORNEY TO BE NOTICED
LABOR
ERIC B BECKENHAUER
(See above for address)
ATTORNEY TO BE NOTICED

Date Filed # Docket Text

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 SOLIS, UNITED STATES
DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR,
UNITED STATES DEPARTMENT 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)
04/05/2010 7 (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 4/5/2010. (laj) (Entered: 04/06/2010)

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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 you by the Clerk without electronic filing. It may be resubmitted after the deficiencies are corrected. Signed by
SENIOR JUDGE ROGER VINSON on 4/5/2010. (laj) (Entered: 04/06/2010)
04/05/2010 9 (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. 2) 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 4/5/2010. (laj) (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)
04/05/2010 14 (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 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)
04/07/2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER 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)
04/13/2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER 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) (Entered: 04/14/2010)
04/14/2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER 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)
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)

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04/15/2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER 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)
04/16/2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER 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 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
(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)
04/22/2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER 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 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)
04/29/2010 ACTION REQUIRED BY DISTRICT JUDGE - Chambers of SENIOR JUDGE ROGER 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 District Judge M CASEY RODGERS 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

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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)

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