Florida Mdfl 8 21 Cv 02524 11Th 22 10257 Doc 019 Att 0

Summary

A joint motion to modify the briefing schedule and for Florida to file an amended complaint, filed November 14, 2021 as Doc. 19 in State of Florida v. Bill Nelson, et al., No. 8:21-cv-02524-SDM-TGW, in the U.S. District Court for the Middle District of Florida, Tampa Division. The motion states that on November 10 defendant OMB announced a new determination that, in the government's view, rescinds and replaces its previous one, and that Florida plans to challenge it. The parties propose that the government's response to Florida's motion for preliminary injunction (Doc. 10) stay due November 17 and that Florida file an amended complaint and a 25-page reply by November 29. They also propose a 15-page government surreply on December 3, with the hearing kept on December 7. Counsel for both sides sign, and all parties consent.

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Case 8:21-cv-02524-SDM-TGW Document 19 Filed 11/14/21 Page 1 of 4 PageID 233




                        UNITED STATES DISTRICT COURT
                         MIDDLE DISTRICT OF FLORIDA
                               TAMPA DIVISION


STATE OF FLORIDA,

       Plaintiff,

       v.                                                  No. 8:21-cv-2524-SDM-TGW

BILL NELSON, et al.,

       Defendants.

_________________________________/

              JOINT MOTION TO MODIFY BRIEFING SCHEDULE
            AND FOR FLORIDA TO FILE AN AMENDED COMPLAINT

       On November 8, 2021, this Court entered a briefing schedule for Florida’s

motion for preliminary injunction, Doc. 10, and scheduled a hearing for December 7.

See Doc. 17.

       On November 10, Defendant OMB announced a new determination to be

published in the Federal Register,1 which, in the government’s view, rescinds and

replaces OMB’s previous determination. It will be published in the Federal Register

on November 16. Florida plans to challenge this new notice.

       In light of this development, the parties have conferred and jointly request that

the Court approve the following modifications to the Court’s schedule:




       1
             See     https://www.federalregister.gov/public-inspection/2021-24949/determination-
regarding-the-revised-safer-federal-workforce-task-force-guidance-for-federal.
Case 8:21-cv-02524-SDM-TGW Document 19 Filed 11/14/21 Page 2 of 4 PageID 234




   • The government’s response to Florida’s motion for preliminary injunction,
     Doc. 10, will still be due on Wednesday, November 17.

   • Florida’s reply brief will still be due on Monday, November 29. But Florida will
     file an amended complaint no later than that date, and Florida’s reply brief will
     also serve as an amendment to Florida’s motion for preliminary injunction
     pursuant to Local Rule 6.02(d). Because Florida will brief additional issues
     raised by OMB’s latest actions, Florida requests an enlargement of pages to 25
     pages. The government consents.

   • The government will file a surreply on Friday, December 3, limited to
     responding to issues that Florida raises with respect to OMB’s latest actions.
     The government requests 15 pages. Florida consents.

   • The hearing will be held on December 7 as planned.

                             Local Rule 3.01(g) Certification

       The parties have conferred and all parties consent.

Respectfully submitted,

Ashley Moody                                    John Guard (FBN 374600)
ATTORNEY GENERAL                                CHIEF DEPUTY ATTORNEY GENERAL

/s/ James H. Percival                           Henry C. Whitaker (FBN 1031175)
James H. Percival* (FBN 1016188)                SOLICITOR GENERAL
DEPUTY ATTORNEY GENERAL
*Lead Counsel                                   Natalie P. Christmas (FBN 1019180)
                                                ASSISTANT ATTORNEY GENERAL
Office of the Attorney General
The Capitol, Pl-01
Tallahassee, Florida 32399-1050
(850) 414-3300
(850) 410-2672 (fax)
james.percival@myfloridalegal.com

Counsel for the State of Florida




                                               2
Case 8:21-cv-02524-SDM-TGW Document 19 Filed 11/14/21 Page 3 of 4 PageID 235




BRIAN M. BOYNTON
Acting Assistant Attorney General

BRAD P. ROSENBERG
Assistant Director

/s/ Kevin Wynosky
KEVIN WYNOSKY (PA Bar No. 326087)
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street NW, Room 12400
Washington, D.C. 20005
(202) 616-8267
Kevin.J.Wynosky@usdoj.gov

Counsel for Defendants




                                          3
Case 8:21-cv-02524-SDM-TGW Document 19 Filed 11/14/21 Page 4 of 4 PageID 236




                          CERTIFICATE OF SERVICE

      I hereby certify that a true and correct copy of the foregoing was filed with the

Court’s CM/ECF system, which provides notice to all parties, on this 14th day of

November, 2021.



                                              /s/ James H. Percival
                                              James H. Percival




                                             4


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