Court filing
Georgia Sdga 1 21 Cv 00163 11Th 21 14269 Doc 103 Att 0
Filed December 21, 2021 in Federal Contractor Mandates; one of 57 filings from this case.
Record facts
| Court | United States Court Of Appeals, For The Eleventh Circuit |
|---|---|
| Filed | 2021-12-21 |
United States Court Of Appeals, For The Eleventh Circuit · No. 1:21-cv-00163-RSB-BKE · Doc. 103 · 2021-12-21 · Docket on CourtListener
Full text
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
December 17, 2021
For rules and forms visit
www.ca11.uscourts.gov
Vinita Andrapalliyal
U.S. Department of Justice - Civil Division
Federal Programs Branch
PO BOX 883
WASHINGTON, DC 20044-0883
Matthew Allan Josephson
U.S. Attorney's Office
22 BARNARD ST STE 300
PO BOX 8970
SAVANNAH, GA 31401
Anna O. Mohan
U.S. Department of Justice
Civil Division, Appellate Staff
950 PENNSYLVANIA AVE NW
WASHINGTON, DC 20530
Bradford Collins Patrick
U.S. Attorney's Office
22 BARNARD ST STE 300
PO BOX 8970
300
SAVANNAH, GA 31401
David Peters
U.S. Department of Justice
Civil Division, Appellate Staff
950 PENNSYLVANIA AVE NW
WASHINGTON, DC 20530
Joshua Revesz
U.S. Department of Justice
Civil Division, Appellate Staff
950 PENNSYLVANIA AVE NW
WASHINGTON, DC 20530
USCA11 Case: 21-14269 Date Filed: 12/17/2021 Page: 1 of 2
Case 1:21-cv-00163-RSB-BKE Document 103 Filed 12/21/21 Page 1 of 4
U.S. Attorney Service - Southern District of Georgia
U.S. Attorney's Office
22 BARNARD ST STE 300
PO BOX 8970
SAVANNAH, GA 31401
Appeal Number: 21-14269-F
Case Style: State of Georgia, et al v. President of the United States, et al
District Court Docket No: 1:21-cv-00163-RSB-BKE
This Court requires all counsel to file documents electronically using the Electronic Case
Files ("ECF") system, unless exempted for good cause. Non-incarcerated pro se parties
are permitted to use the ECF system by registering for an account at www.pacer.gov.
Information and training materials related to electronic filing, are available at
www.ca11.uscourts.gov.
The enclosed order has been ENTERED.
Sincerely,
DAVID J. SMITH, Clerk of Court
Reply to: Dionne S. Young, F
Phone #: (404) 335-6224
USCA11 Case: 21-14269 Date Filed: 12/17/2021 Page: 2 of 2
Case 1:21-cv-00163-RSB-BKE Document 103 Filed 12/21/21 Page 2 of 4
IN THE UNITED STATES COURT OF APPEALS
FOR THE ELEVENTH CIRCUIT
________________________
No. 21-14269-F
________________________
STATE OF GEORGIA,
STATE OF ALABAMA,
STATE OF IDAHO,
STATE OF KANSAS,
STATE OF SOUTH CAROLINA, et al.,
Plaintiffs - Appellees,
versus
PRESIDENT OF THE UNITED STATES,
SAFER FEDERAL WORKFORCE TASK FORCE,
UNITED STATES OFFICE OF PERSONNEL MANAGEMENT,
DIRECTOR, OFFICE OF PERSONNEL MANAGEMENT AND CO-CHAIR
SAFER FEDERAL WORKFORCE TASK FORCE,
OFFICE OF MANAGEMENT AND BUDGET, et al.,
Defendants - Appellants.
________________________
Appeal from the United States District Court
for the Southern District of Georgia
________________________
Before: WILSON, GRANT, and LUCK, Circuit Judges.
BY THE COURT:
The government appeals the district court’s order preliminarily enjoining it from
enforcing the vaccine mandate for federal contractors and subcontractors contained in Executive
Order 14042, the September 24, 2021 Safer Workforce Task Force Guidance for Federal
Contractors and Subcontractors (updated November 10, 2021), the September 30, 2021 Federal
Acquisition Regulatory Council Memorandum, and the November 16, 2021 Determination of the
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Acting OMB Director Regarding the Revised Safer Federal Workforce Task Force Guidance for
Federal Contractors. The government has also moved to stay the preliminary injunction pending
appeal. We ordered the plaintiffs and intervenors to file expedited responses to the government’s
stay motion and invited the government to reply. Having reviewed the parties’ submissions, we
deny the motion because the government has not established one of “the most critical” factors—
that it will be irreparably injured absent a stay. See Nken v. Holder, 556 U.S. 418, 434 (2009)
(“The first two factors of the traditional standard are the most critical.”); New Georgia Project v.
Raffensperger, 976 F.3d 1278, 1280 (11th Cir. 2020) (The government is “entitled to a stay if [it]
show[s] (1) that [it] will likely succeed on the merits; (2) irreparable injury absent a stay; (3) that
the stay will not substantially injure the other interested parties; and (4) that a stay is in the public
interest.”). Without a showing by the government of an irreparable injury absent a stay, we
cannot stay the preliminary injunction. See United States v. Bogle, 855 F.2d 707, 711 (11th Cir.
1988) (Hatchett, J., concurring specially) (“I deny the stay because the government has failed to
make the showing of irreparable injury required by the law of the Eleventh Circuit.”).
We also expedite the government’s appeal of the district court’s preliminary injunction and
set the case for the next available oral argument. The government must file its initial brief no later
than January 3, 2022. The plaintiffs and intervenors must file their answer briefs no later than
January 17, 2022. And any reply brief must be filed no later than January 24, 2022.
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