Florida Mdfl 8 21 Cv 02524 11Th 22 10257 Doc 050 Att 0

Summary

A Stipulation of Dismissal filed May 23, 2023 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, as Document 50. It states that on May 9, 2023 President Biden signed an Executive Order revoking Executive Order 14042, which had required certain federal contractors to follow specified COVID-19 safety protocols. It quotes a Safer Federal Workforce Task Force notice that prior guidance implementing Executive Order 14042 has been revoked and existing contract clauses will not be enforced. The State of Florida dismisses the action under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) on its understanding that its claims are moot, with each side bearing its own fees and costs. The four-page filing is signed by counsel for Florida and for the defendants and ends with a certificate of service.

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Case 8:21-cv-02524-SDM-TGW Document 50 Filed 05/23/23 Page 1 of 4 PageID 758




                       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.

                           STIPULATION OF DISMISSAL

      On May 9, 2023, President Biden signed an Executive Order revoking Execu-

tive Order 14042, which had required certain parties contracting with the Federal Gov-

ernment to follow specified COVID-19 safety protocols. Section 2 of the May 9

Executive Order notes, “[a]gency policies adopted to implement Executive Order

14042,” “to the extent such policies are premised on th[at] order[], no longer may be

enforced   and     shall   be     rescinded   consistent   with   applicable   law.”   See

https://perma.cc/E8AQ-CK4B.

      Consistent with the May 9 Executive Order, the Safer Federal Workforce Task

Force has posted a notice to a website stating that “all prior guidance from the Safer

Federal Workforce Task Force implementing the requirements of Executive Order

14042 has also been revoked.” See https://perma.cc/X7K4-MY85. According to that

notice, “the Federal Government will not take any steps to require covered contractors

and subcontractors to come into compliance with previously issued Task Force guid-

ance implementing Executive Order 14042 and will not enforce any existing contract
Case 8:21-cv-02524-SDM-TGW Document 50 Filed 05/23/23 Page 2 of 4 PageID 759




clauses implementing Executive Order 14042.” It further states that “[a]gencies must

promptly rescind any deviations, policies, or other guidance premised on Executive

Order 14042, and the FAR Council has revoked its September 30, 2021 guidance re-

garding deviations to the FAR to implement Executive Order 14042.”

      In light of these developments, the State of Florida hereby dismisses this action

pursuant to Federal Rule of Civil Procedure 41(a)(1)(A)(ii) based on its understanding

that all of its claims are moot. Each side shall bear their own fees and costs.




                                            2
Case 8:21-cv-02524-SDM-TGW Document 50 Filed 05/23/23 Page 3 of 4 PageID 760




       DATED: May 23, 2023               Respectfully submitted,


Ashley Moody                             BRIAN M. BOYNTON
ATTORNEY GENERAL                         Principal Deputy Assistant Attorney
                                         General
John Guard (FBN 374600)
CHIEF DEPUTY ATTORNEY GENERAL            BRAD P. ROSENBERG
                                         Special Counsel
/s/ James H. Percival
James H. Percival* (FBN 1016188)         /s/ Kevin Wynosky
CHIEF OF STAFF                           ZACHARY A. AVALLONE
*Lead Counsel                            KEVIN WYNOSKY
                                         (PA Bar No. 326087)
Henry C. Whitaker (FBN 1031175)          Trial Attorneys
SOLICITOR GENERAL                        U.S. Department of Justice
                                         Civil Division
Natalie P. Christmas (FBN 1019180)       Federal Programs Branch
COUNSELOR TO THE ATTORNEY                1100 L Street NW, Room 12400
      GENERAL                            Washington, D.C. 20005
                                         (202) 616-8267
Office of the Attorney General           Kevin.J.Wynosky@usdoj.gov
The Capitol, Pl-01
Tallahassee, Florida 32399-1050          Counsel for Defendants
(850) 414-3300
(850) 410-2672 (fax)
james.percival@myfloridalegal.com

Counsel for the State of Florida




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Case 8:21-cv-02524-SDM-TGW Document 50 Filed 05/23/23 Page 4 of 4 PageID 761




                          CERTIFICATE OF SERVICE

      I hereby certify that on May 23, 2023, a true and correct copy of the foregoing

was filed with the Court’s CM/ECF system, which will provide service to all parties.



                                                    /s/ James H. Percival
                                                    James H. Percival




                                         4


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