Eleventh Circuit Order Dismissing Appeal as Moot — Brown v. Azar

Record facts

U.S. Court of Appeals for the Eleventh Circuit · No. 1:20-cv-03702-JPB · Doc. 72 · 2022-01-06 · Docket on CourtListener

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UNITED STATES COURT OF APPEALS 
FOR THE ELEVENTH CIRCUIT 
ELBERT PARR TUTTLE COURT OF APPEALS BUILDING 
56 Forsyth Street, N.W. 
Atlanta, Georgia 30303 
David J. Smith 
Clerk of Court  
 
 
January 06, 2022  
For rules and forms visit
www.ca11.uscourts.gov
Clerk - Northern District of Georgia 
Richard B. Russell Bldg & US Courthouse  
2211 UNITED STATES COURTHOUSE 
75 TED TURNER DR SW 
STE 2211 
ATLANTA, GA 30303-3309 
 
Appeal Number:  20-14210-HH  
Case Style: Richard Brown, et al v. Secretary, U.S. Department of Health & Human Svcs., et al 
District Court Docket No: 1:20-cv-03702-JPB 
 
The enclosed copy of this court's unpublished order dismissing an appeal is hereby issued as the 
mandate of this court. 11th Cir. R. 41-3.  
A copy of this letter, and the judgment form if noted above, but not a copy of the court's 
decision, is also being forwarded to counsel and pro se parties. A copy of the court's decision 
was previously forwarded to counsel and pro se parties on the date it was issued.  
 
Sincerely, 
 
DAVID J. SMITH, Clerk of Court 
 
Reply to:  Lois Tunstall 
Phone #:  (404) 335-6191 
 
Enclosure(s)  
MDT-1 Letter Issuing Mandate 
 
USCA11 Case: 20-14210     Date Filed: 01/06/2022     Page: 1 of 1 
Case 1:20-cv-03702-JPB   Document 72   Filed 01/06/22   Page 1 of 3

RICHARD LEE BROWN,  
JEFFREY RONDEAU,  
DAVID KRAUSZ, 
SONYA JONES, 
NATIONAL APARTMENT ASSOCIATION, 
Plaintiffs - Appellants, 
versus 
SECRETARY, U.S. Department of Health and Human Services,  
U.S. DEPARTMENT OF HEALTH AND HUMAN SERVICES, 
CHIEF OF STAFF, U.S. Centers for Disease Control and Prevention, 
U.S. CENTERS FOR DISEASE CONTROL AND PREVENTION,  
Defendants - Appellees. 
________________________ 
Appeal from the United States District Court 
for the Northern District of Georgia 
________________________ 
Before:  BRANCH, GRANT, and TJOFLAT, Circuit Judges. 
BY THE COURT: 
In light of the district court’s final order in Alabama Association of Realtors v. U.S. 
Department of Health and Human Services invalidating the CDC’s “Temporary Halt in 
Residential Evictions To Prevent the Further Spread of COVID-19,” 85 Fed. Reg. 55292 (Sept. 
4, 2020), this appeal is moot.  See No. 20-cv-3377, 2021 WL 1779282 (D.D.C. May 5, 2021).  
We therefore GRANT the appellees’ motion to dismiss this case and, because this Court’s 
IN THE UNITED STATES COURT OF APPEALS 
FOR THE ELEVENTH CIRCUIT 
________________________ 
No.  20-14210-HH 
________________________ 
ISSUED AS MANDATE 01/06/2022
USCA11 Case: 20-14210     Date Filed: 01/06/2022     Page: 1 of 2 
Case 1:20-cv-03702-JPB   Document 72   Filed 01/06/22   Page 2 of 3

2 
mandate has not yet issued, VACATE our panel opinion.   See Gipson v. Jefferson Cnty. Sheriff’s 
Off., 649 F.3d 1274, 1275 (11th Cir. 2011). 
ISSUED AS MANDATE 01/06/2022
USCA11 Case: 20-14210     Date Filed: 01/06/2022     Page: 2 of 2 
Case 1:20-cv-03702-JPB   Document 72   Filed 01/06/22   Page 3 of 3

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