Florida Mdfl 8 21 Cv 02524 11Th 22 10257 Doc 035 Att 0

Summary

A notice of supplemental authority dated December 17, 2021, filed by the defendants in State of Florida v. Bill Nelson, in his official capacity as Administrator of NASA, et al., No. 8:21-cv-2524-SDM-TGW, in the U.S. District Court for the Middle District of Florida. The notice informs the court of a decision issued that day in Donovan v. Vance, No. 4:21-cv-5148-TOR (E.D. Wash.), denying a request to preliminarily enjoin Executive Order 14042. It states that a copy of that order is attached and that pages 15–17 of it supplement the defendants' discussion of the scope of the Procurement Act. The notice cites the defendants' opposition to the motion for a preliminary injunction, ECF No. 21, and their sur-reply, ECF No. 26. It is signed by U.S. Department of Justice Civil Division, Federal Programs Branch counsel.

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                 IN THE UNITED STATES DISTRICT COURT
                 FOR THE MIDDLE DISTRICT OF FLORIDA
_________________________
                                      )
STATE OF FLORIDA,                     )
                                      )
                   Plaintiff,         )
                                      )
            v.                        ) No. 8:21-cv-2524-SDM-TGW
                                      )
BILL NELSON, in his official capacity )
as Administrator of NASA et al.,      )
                                      )
                   Defendants.        )
___________________________           )

                 NOTICE OF SUPPLEMENTAL AUTHORITY

      Defendants hereby notify this Court of a decision issued today by the United

States District Court for the Eastern District of Washington in Donovan v. Vance, No.

4:21-cv-5148-TOR (E.D. Wash., Dec. 17, 2021) (“Order”) denying a request to pre-

liminarily enjoin Executive Order 14042. A copy of the Order is attached to this no-

tice, and pages 15–17 of that Order supplement Defendants’ discussion about the scope

of the Procurement Act. See Defs.’ Opp’n to Pls.’ Mot. for a Prelim. Inj. at 14–23,

ECF No. 21; Defs.’ Sur-reply in Opp’n to Pls.’ Mot. for a Prelim. Inj. and Am., at 2–

4, ECF No. 26.



DATED: December 17, 2021               Respectfully submitted,

                                       BRIAN M. BOYNTON
                                       Acting Assistant Attorney General

                                       BRAD P. ROSENBERG
                                       Assistant Director
/s/ Zachary A. Avallone
Vinita B. Andrapalliyal
Zachary A. Avallone
Trial Attorney
U.S. Department of Justice
Civil Division, Federal Programs Branch
1100 L Street NW, Room 12400
Washington, D.C. 20005
(202) 514-2705
Zachary.a.avallone@usdoj.gov

Counsel for Defendants


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