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Case docket

State of Florida v. Nelson — M.D. Fla., No. 8:21-cv-2524

State of Florida v. Nelson — M.D. Fla., No. 8:21-cv-2524 — 29 documents in the archive, dated October 28, 2021 to May 23, 2023.

Also collected in: Federal Contractor Mandates (2021–2023)

Case facts

CourtUNITED STATES DISTRICT COURT (1 filing); U.S. District Court for the Middle District of Florida (Tampa Division) (1 filing)
Docket numberNo. 8:21-cv-02524 — main docket · CourtListener docket 395435
Filings29 public filings (1 document also held as a second copy)
Filed2021-10-28 – 2023-05-23
Original PDFs29 of 29

Case summary

The State of Florida filed this suit on October 28, 2021 in the U.S. District Court for the Middle District of Florida, Tampa Division, No. 8:21-cv-2524, against Bill Nelson in his official capacity as Administrator of the National Aeronautics and Space Administration, NASA, the United States, President Joseph R. Biden, Jr., the Federal Acquisition Regulatory Council, the Office of Management and Budget, the General Services Administration and several federal procurement officials in their official capacities. The pleading is a complaint for declaratory and preliminary and permanent injunctive relief, and it pleads ten counts. It asks the court to hold unlawful and set aside the executive order, the OMB rule and the FAR Council guidance, and to enjoin the defendants. On December 14, 2021 the defendants moved to stay all proceedings.

Case at a glance

PartiesPlaintiff: the State of Florida. Defendants, as captioned: Bill Nelson, Administrator of NASA; the National Aeronautics and Space Administration; the United States of America; Joseph R. Biden, Jr., President; the Federal Acquisition Regulatory Council; Lesley A. Field; John M. Tenaglia; Jeffrey A. Koses; Karla S. Jackson; Shalanda D. Young; the Office of Management and Budget; the General Services Administration; and Robin Carnahan, each sued in an official capacity
Court and docketU.S. District Court for the Middle District of Florida, Tampa Division, No. 8:21-cv-2524. The complaint's page stamps read 8:21-cv-02524-VMC-JSS and the December motion's read 8:21-cv-02524-SDM-TGW
ProgramNo pandemic relief program is named in the filings on this page. The suit concerns Executive Order 14042, the OMB rule and the FAR Council guidance requiring COVID-19 vaccination for federal contractors
ClaimsTen counts, including that the challenged actions are agency action not in accordance with law, failure to conduct notice and comment and arbitrary and capricious agency action as to the OMB rule and the FAR Council guidance, ultra vires acts of the President, and, at Count 10, a declaratory judgment that the challenged actions are unlawful
Disposition or statusThe most recent filing on this page is the stipulation of dismissal of May 23, 2023 (Document 50)
Status checked2026-09-23 · against DOJ press releases through 2026-09-22; court docket not yet read

What does the complaint allege?

That the Federal Property and Administrative Services Act, 40 U.S.C. § 121(a), does not authorize the vaccination requirement imposed on federal contractors, and that the requirement would be unlawful in any event. Florida pleads that the challenged actions rest on the Spending Clause yet ask it to agree to an ambiguous contract term, namely compliance with Task Force guidance that can be changed at any time.

What did the defendants ask for in December 2021?

A stay of all proceedings in light of the nationwide injunction issued in Georgia v. Biden, No. 21-cv-00163 (S.D. Ga. Dec. 7, 2021), which the motion describes as a similar challenge to EO 14042 and its implementing guidance. In the alternative the defendants moved to extend their deadline to respond to the complaint.

What relief does Florida seek?

An order holding unlawful and setting aside the executive order, the OMB rule and the FAR Council guidance, and preliminary and permanent injunctive relief against the defendants.

Docket

29 documents in docket-entry order; attachments follow their entry. Gaps name the entries we do not have.

No. 8:21-cv-02524

  1. Complaint — Florida v. NelsonEntry 1 · another CourtListener docket has a different document at this number
  2. Complaint for Declaratory and Preliminary and Permanent Injunctive Relief — State of Florida v. Bill Nelson, et al. (Dkt. 1, M.D. Fla. No. 8:21-cv-02524)Entry 1 · another CourtListener docket has a different document at this number
  3. —Entries 2–9 are not in the archive
  4. Florida's Motion for Preliminary Injunction — State of Florida v. Bill Nelson, et al. (Dkt. 10, M.D. Fla. No. 8:21-cv-02524)Entry 10
  5. —Entries 11–15 are not in the archive
  6. Notice of Service — State of Florida v. Bill Nelson, et al. (Dkt. 16, M.D. Fla. No. 8:21-cv-02524)Entry 16
  7. undatedOrder — State of Florida v. Bill Nelson, et al., Schedule (November 8, 2021)Entry 17
  8. —Entry 18 is not in the archive
  9. Joint Motion to Modify Briefing Schedule and for Florida to File an Amended Complaint — State of Florida v. Bill Nelson, et al. (Dkt. 19, M.D. Fla. No. 8:21-cv-02524)Entry 19
  10. undatedOrder — State of Florida v. Bill Nelson, et al. (November 15, 2021)Entry 20
  11. Defendants' Opposition to Plaintiff's Motion for a Preliminary Injunction — State of Florida v. Bill Nelson, et al. (Dkt. 21, M.D. Fla. No. 8:21-cv-02524)Entry 21
  12. Defendants' Notice to Clarify — State of Florida v. Bill Nelson, et al. (Dkt. 22, M.D. Fla. No. 8:21-cv-02524)Entry 22
  13. First Amended Complaint for Declaratory and Preliminary and Permanent Injunctive Relief — State of Florida v. Bill Nelson, et al. (Dkt. 23, M.D. Fla. No. 8:21-cv-02524)Entry 23
  14. Florida's Reply in Support of and Amendment to Its Motion for Preliminary Injunction — State of Florida v. Bill Nelson, et al. (Dkt. 24, M.D. Fla. No. 8:21-cv-02524)Entry 24
  15. —Entry 25 is not in the archive
  16. Defendants' Sur-Reply in Opposition to Plaintiff's Motion for a Preliminary Injunction and Amendment — State of Florida v. Bill Nelson, et al. (Dkt. 26, M.D. Fla. No. 8:21-cv-02524)Entry 26
  17. —Entries 27–30 are not in the archive
  18. Order — State of Florida v. Bill Nelson, et al. (Dkt. 31, M.D. Fla. No. 8:21-cv-02524)Entry 31
  19. Defendants’ Motion to Stay or Extend Deadline — Florida v. NelsonEntry 32 · another CourtListener docket has a different document at this number
  20. Defendants' Motion to Stay or, in the Alternative, to Extend Deadline to Respond to Complaint — State of Florida v. Bill Nelson, et al. (Dkt. 32, M.D. Fla. No. 8:21-cv-02524)Entry 32 · another CourtListener docket has a different document at this number
  21. Florida's Supplemental Brief — State of Florida v. Bill Nelson, et al. (Dkt. 33, M.D. Fla. No. 8:21-cv-02524)Entry 33
  22. Florida's Response to Defendants' Motion to Stay — State of Florida v. Bill Nelson, et al. (Dkt. 34, M.D. Fla. No. 8:21-cv-02524)Entry 34
  23. —Entries 35–36 are not in the archive
  24. Order — State of Florida v. Bill Nelson, et al. (Dkt. 37, M.D. Fla. No. 8:21-cv-02524)Entry 37
  25. —Entries 38–39 are not in the archive
  26. Preliminary Injunction and Order — State of Florida v. Bill Nelson, et al. (Dkt. 40, M.D. Fla. No. 8:21-cv-02524)Entry 40
  27. Notice of Appeal — State of Florida v. Bill Nelson, et al. (Dkt. 41, M.D. Fla. No. 8:21-cv-02524)Entry 41
  28. Joint Motion to Stay District Court Proceedings Pending Appeal — State of Florida v. Bill Nelson, et al. (Dkt. 42, M.D. Fla. No. 8:21-cv-02524)Entry 42
  29. No. 8:21-cv-02524 (Dkt. 43, M.D. Fla.)Entry 43
  30. undatedOrder — State of Florida v. Bill Nelson, et al., Stay Pending Appeal (January 19, 2022)Entry 44
  31. —Entry 45 is not in the archive
  32. Letter and Entry of Dismissal — State of Florida v. Administrator, National Aeronautics and Space Administration, et al. (Dkt. 46, M.D. Fla. No. 8:21-cv-02524)Entry 46
  33. Joint Motion to Maintain Stay — State of Florida v. Bill Nelson, et al. (Dkt. 47, M.D. Fla. No. 8:21-cv-02524)Entry 47
  34. undatedOrder — State of Florida v. Bill Nelson, et al. (November 9, 2022)Entry 48
  35. Joint Status Report — State of Florida v. Bill Nelson, et al. (Dkt. 49, M.D. Fla. No. 8:21-cv-02524)Entry 49
  36. Stipulation of Dismissal — State of Florida v. Bill Nelson, et al. (Dkt. 50, M.D. Fla. No. 8:21-cv-02524)Entry 50

Documents without an entry number

  1. undatedOrder for Supplemental Briefing — Florida v. Nelson

More documents from this case’s dockets

1 more document linked to this case’s dockets is in the archive and not in the docket above.

  1. undatedExecutive Order 14042 directs the Federal Acquisition Regulatory Council toOrderOrder dated December 9, 2021 setting supplemental briefs on whether notice and comment applies to agency class deviations under Executive Order 14042.

Other cases in the archive from UNITED STATES DISTRICT COURT.

Court, dates and docket numbers are as recorded on the filings.

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