Pandemic Darlings The pandemic economy, in original documents
Home Court filings Full Docket Federal Contractor Mandates Missouri Edmo 4 21 Cv 01300 8Th 21 3725 Doc 068 Att 0

Court filing

Missouri Edmo 4 21 Cv 01300 8Th 21 3725 Doc 068 Att 0

Summary

Plaintiffs' Response to the Court's August 15, 2023 Show Cause Order, filed August 31, 2023 as Doc. 68 in Missouri v. Biden, No. 4:21-cv-01300-JSD, in the U.S. District Court for the Eastern District of Missouri. The ten plaintiff States argue that the case is not moot after the President issued Executive Order 14099, revoking Executive Order 14042 and its federal contractor COVID-19 vaccination requirement, as of May 12, 2023. The brief recounts the procedural history, including Executive Order 13991, 86 Fed. Reg. 7045, the preliminary injunction entered December 20, 2021 and the Eighth Circuit's dismissal of the government's appeal. It argues that the voluntary-cessation and capable-of-repetition exceptions to mootness apply and asks the court to let the case proceed to judgment. The 15-page filing is signed by a Deputy Solicitor General for the Missouri Attorney General.

Summary drafted by a model from the document's text below and checked by script against that text before publication. It is a navigation aid, not a reading of what the document proves. Where AI is used

No. 4:21-cv-01300-JSD · Doc. 68 · Docket on CourtListener

Full text

Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 1 of 15 PageID #: 1332




                    IN THE UNITED STATES DISTRICT
                        COURT FOR THE EASTERN
                         DISTRICT OF MISSOURI

   STATE OF MISSOURI
   STATE OF NEBRASKA
   STATE OF ALASKA
   STATE OF ARKANSAS
   STATE OF IOWA                              No. 4:21-CV-1300
   STATE OF MONTANA
   STATE OF NEW HAMPSHIRE
   STATE OF NORTH DAKOTA
   STATE OF SOUTH DAKOTA, and
   STATE OF WYOMING,

                 Plaintiffs,

      v.

   JOSEPH R. BIDEN, JR.;
   et al.

                 Defendants.

   PLAINTIFFS’ RESPONSE TO THE COURT’S AUGUST 15, 2023 SHOW
                        CAUSE ORDER

                               INTRODUCTION

      This case is not moot. Defendants voluntarily ceased the challenged action,

and the dispute is capable of repetition yet evading review—two of the well-

established exceptions to mootness. Dismissing this case on the ground of mootness

would effectively allow the government to turn on and off the faucet of unlawful

administrative action at will, giving Defendants control over whether or not their

own actions are reviewed by a Court.



                                        1
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 2 of 15 PageID #: 1333




      Defendant President Biden signed Executive Order 14042, requiring all

government contractors to ensure their employees were vaccinated against COVID-

19 or to take weekly COVID-19 tests at their own expense. Plaintiff-States

challenged the President's authority to impose such sweeping personal health

requirements—affecting     millions    of   Americans—through     the   government

contractor regulations. The previously undersigned judge granted a preliminary

injunction prohibiting Defendants from imposing these requirements. During the

Defendant's appeal of that injunction and following an unfavorable decision in the

Fifth Circuit, the Administration revoked EO 14042. Plaintiffs agreed that

Defendants’ appeal before the Eighth Circuit was moot because the preliminary

injunction enjoining the government from enforcing the mandate was no longer

necessary. The fact that an injunction is no longer necessary to prevent harm from

then-ongoing government action, however, does not render the underlying case

moot. Instead, this dispute falls squarely within multiple exceptions to mootness.

Plaintiffs respond to the court’s show-cause order and provide a statement of the

facts and arguments to support their position that proceeding with this case on the

merits is necessary and appropriate.

                         STATEMENT OF THE FACTS

      On January 20, 2021, President Biden (“the President”) signed Executive

Order 13991, 86 Fed. Reg. 7045, which established the Safer Federal Workforce

Task Force (“Task Force”) to provide “ongoing guidance to heads of agencies on the

operation of the Federal Government, the safety of its employees, and the continuity



                                            2
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 3 of 15 PageID #: 1334




of Government functions during the COVID-19 pandemic.” 86 Fed. Reg. at 7046

(§ 4(a)); Missouri v. Biden, 4:21-cv-01300-JSD, Doc. 27. On September 9, 2021, the

President announced that he had signed an “executive order that will require

federal contractors” to be vaccinated. Missouri v. Biden, 4:21-cv-01300-JSD, Doc.

27. The President was referring to Executive Order 14042 ("EO 14042"). EO 14042

further required the Task Force to issue Guidance regarding adequate COVID-19

safeguards. 86 FR 50985.

      On September 24, 2021, the Task Force issued Guidance implementing EO

14042. Missouri v. Biden, 4:21-cv-01300-JSD, Doc. 27. The Guidance required

federal contractors ensure that their covered employees were vaccinated against

COVID-19, subject to legal accommodations. Missouri v. Biden, 4:21-cv-01300-JSD,

Doc. 27. Also, on or around September 24, the Acting Director of the Office of

Management and Budget (“OMB”) published in the Federal Register her

determination that the Task Force Guidance will “improve economy and efficiency.”

Missouri v. Biden, 4:21-cv-01300-JSD, Doc. 27.

      To implement EO 14042 and the Task Force’s Guidance, as approved by

OMB, the Federal Acquisition Regulatory Council (“FAR Council”) issued a

memorandum on September 30, 2021 to “agencies that award contracts under the

Federal Acquisition Regulation with initial direction for the incorporation of a

clause into their solicitation and contracts to implement” the Guidance. Missouri v.

Biden, 4:21-cv-01300-JSD, Doc. 27.

      On November 10, 2021, the Task Force updated the Guidance and changed



                                         3
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 4 of 15 PageID #: 1335




the date contractors’ employees were required to be fully vaccinated from December

8, 2021, to January 18, 2022. Missouri v. Biden, 4:21-cv-01300-JSD, Doc. 27. Also

on November 10, 2021, the Acting Director of OMB filed for publication in the

Federal Register her determination that the updated Guidance “will promote

economy and efficiency in Federal contracting if adhered to by Government

contractors and subcontractors.” Missouri v. Biden, 4:21-cv-01300-JSD, Doc. 27.

      According to the Federal Government’s System for Award Management, tens

of billions of dollars of federal contracts feature Plaintiff-States as the place of

performance. Missouri v. Biden, 4:21-cv-01300-JSD, Doc. 27. On October 29, 2021,

Plaintiffs filed the present lawsuit challenging the government’s imposition of the

contractor mandate as, among other things, an unlawful attempt by the federal

government to usurp the States’ police powers and as a violation of multiple

statutory limitations on the government’s authority. Missouri v. Biden, 4:21-cv-

01300-JSD, Doc. 1. On November 4, plaintiffs moved for a preliminary injunction.

Missouri v. Biden, 4:21-cv-01300-JSD, Doc. 8. Defendants filed their response in

opposition on November 18, and plaintiffs filed their reply on November 22, 2021.

Missouri v. Biden, 4:21-cv-01300-JSD, Docs. 20, 23. The parties filed supplemental

briefs on the motion on December 10, 2021. Missouri v. Biden, 4:21-cv-01300-JSD,

Docs. 28, 29. On December 20, 2021, this Court sustained the Plaintiffs’ motion for

preliminary injunction. Missouri v. Biden, 4:21-cv-01300-JSD, Doc. 36.

      This court preliminarily enjoined the federal officials from enforcing the

contractor vaccine mandate within the Plaintiff-States after deciding the States



                                         4
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 5 of 15 PageID #: 1336




were likely to prevail on the merits of their claim that EO 14042 exceeded the

President’s authority. Missouri v. Biden, 4:21-cv-01300-DDN, Doc 36. Other federal

courts around the country agreed, with the Fifth Circuit, sitting en banc, affirming

a similar preliminary injunction issued by another district court. See Feds for Med.

Freedom v. Biden, 63 F.4th 366, 387 (5th Cir. 2023). The government appealed this

Court’s order, seeking reversal of this court’s preliminary injunction. Missouri v.

Biden, 22-1104, Doc. 43. After the President issued EO 14099, revoking EO 14042,

Defendants filed an unopposed motion to voluntarily dismiss the appeal, explaining

that the relief they sought from the Eighth Circuit was the reversal or narrowing of

the preliminary injunction barring enforcement of EO 14042. Because Defendants

revoked EO 14042 and the concurrent implementing guidance, the preliminary

injunction challenged on appeal no longer had any effect. Missouri v. Biden, 22-

1104, Doc. 60.

      During the pendency of the Defendants’ appeal, the Supreme Court

concluded in another case that a challenge to an “emergency temporary standard”

(ETS) issued by the Occupational Safety and Health Administration (OSHA)

mandating that employers with more than 100 employees require their employees

to undergo COVID-19 vaccination or take weekly COVID-19 tests at their own

expense was likely to succeed on the merits. See Nat'l Fed'n of Indep. Bus. v. Dep't

of Lab., 142 S. Ct. 661, 664 (2022). Consequently, the Supreme Court stayed OSHA’s

rule pending final disposition. Id. at 667. The Court reasoned that the Act, which

empowered the Secretary to set workplace safety standards but not broad public



                                         5
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 6 of 15 PageID #: 1337




health measures, and to issue emergency temporary standards to protect employees

from grave danger in the workplace, did not plainly authorize the ETS. Id. at 666.

      On May 9, 2023, the President unilaterally issued Executive Order 14099,

which had the effect of, in part, revoking EO 14042 as of May 12, 2023. See

Executive Order 14099, 88 FR 30891. Following EO 14099, Defendants sought (and

received) Plaintiffs’ consent for Defendants to voluntarily dismiss their appeal of

the preliminary injunction. See Pls.’ Resp. to Unopposed Mot. to Voluntarily

Dismiss Appeal, Missouri v. Biden, 22-1104, at 2 (May 31, 2023). As Plaintiffs

clarified to the Eighth Circuit, however, “while the States do not oppose the

voluntary dismissal of the appeal, they do not agree that the case is moot.” Id. at 2.

As Plaintiffs observed in their response to Defendants’ motion to voluntarily dismiss

the appeal, “the Federal Government has not made any showing that it does not

intend to use the same illegal methods” to either re-instate COVID-19 contractor

vaccine mandates or “use the same illegal methods to implement other health

mandates for federal contractors.” Id. at 2–3. Consequently, Plaintiffs asserted that

the Eighth Circuit “should determine only that the Federal Government has

dismissed its appeal voluntarily, not that the Federal Government has met its

‘heavy burden’ of establishing mootness.” Id. at 2 (citing West Virginia v. EPA, 142

S. Ct. 2587, 2607 (2022)).

      The Eighth Circuit agreed. In dismissing Defendants’ appeal of the

preliminary injunction, the court noted that “the only relief from this court

[Plaintiffs] had sought was the reversal or narrowing of the preliminary injunction



                                          6
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 7 of 15 PageID #: 1338




barring enforcement of EO 14042.” Order, Missouri v. Biden, 22-1104, (June 7,

2023) at 3. “Because EO 14042 . . . ‘can no longer be enforced[,]’” the Court concluded

that the government’s requested relief—reversal or narrowing of the preliminary

injunction—can no longer be effectuated and “this appeal has become moot.” Id. At

no point did the Eighth Circuit address whether any aspect of the case besides

Defendants’ appeal of the preliminary injunction order was moot.

      On August 15, 2023, this Court issued a Show Cause Order directing

Plaintiffs to show cause why this case should not be dismissed as moot.

                                    ARGUMENT

I.    The Doctrine of Mootness and its Exceptions

      A federal court has Article III jurisdiction when “an actual controversy” exists

“through all stages of the litigation.” Kingdomware Techs., Inc. v. United States, 579

U.S. 162, 163 (2016) (quoting Already, LLC v. Nike, Inc., 568 U.S. 85, 90–91 (2013)).

For a case to be dismissed as moot, a defendant must carry the burden of showing

that “it can be said with assurance that there is no reasonable expectation that the

alleged violation will recur”; and (2) “interim relief or events have completely and

irrevocably eradicated the effects of the alleged violation.” Cty. of Los Angeles v.

Davis, 440 U.S. 625, 631 (1979). Only then will a court find that “the case is moot

because neither party has a legally cognizable interest in the final determination of

the underlying questions of fact and law.” Id. See also, e.g., City of Erie v. Pap’s

A.M., 529 U.S. 277, 287 (2000) (holding that a case becomes moot “when the

challenged conduct ceases such that ‘there is no reasonable expectation that the



                                          7
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 8 of 15 PageID #: 1339




wrong will be repeated’”) (quoting United States v. W.T. Grant Co., 345 U.S. 629,

633 (1953)).

      There are two relevant and closely related exceptions to the doctrine

mootness: (1) voluntary cessation of the challenged activity; and (2) when a wrong

is capable of repetition yet evades review. Northeastern Florida Chapter of

Associated General Contractors of America v. City of Jacksonville, Fla., 508 U.S.

656, 662 (1993) (calling “well settled” the “rule that ‘a defendant’s voluntary

cessation of a challenged practice does not deprive a federal court of its power to

determine the legality of the practice.’”) (quoting City of Mesquite v. Aladdin’s

Castle, Inc., 455 U.S. 283, 289 (1982)); Honig v. Doe, 484 U.S. 305, 318 (1988) (“[The

plaintiff’s] claims . . . are not moot if the conduct he complained of is ‘capable of

repetition, yet evading review.’”) (quoting Murphy v. Hunt, 455 U.S. 478, 482

(1982)). A defendant may not merely stop a particular practice during litigation and

receive automatic dismissal on mootness. The Supreme Court of the United States

has held if there is some likelihood that the practice will continue or resume at a

later date, the litigation is not moot. Roman Cath. Diocese of Brooklyn v. Cuomo,

141 S. Ct. 63, 68 (2020).

      Likewise, a government agency or actor may not moot a challenge by merely

changing or discontinuing its challenged policy. An agency may claim that

voluntary cessation moots a challenge only if it is absolutely clear that the behavior

cannot be expected to recur. Parents Involved in Cmty. Schs. v. Seattle Sch. Dist.

No. 1, 551 U.S. 701, 719 (2007) (rejecting a challenge to plaintiff’s standing after



                                          8
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 9 of 15 PageID #: 1340




the public entity “ceased” the challenged policy because “[v]oluntary cessation does

not moot a case or controversy unless ‘subsequent events ma[ke] it absolutely clear

that the allegedly wrongful behavior could not reasonably be expected to recur.’”

(quoting Friends of Earth, Inc. v. Laidlaw Environmental Services (TOC), Inc., 528

U.S. 167, 189 (2000)); see also Adarand Constructors, Inc. v. Slater, 528 U.S. 216,

220 (2000) (rejecting an argument that a case is moot after the federal government

changed its policy because “[v]oluntary cessation of challenged conduct moots a case

. . . only if it is ‘absolutely clear that the allegedly wrongful behavior [by the

Defendants] could not be reasonably expected to recur.’” (quoting United States v.

Concentrated Phosphate Export Assn., Inc., 393 U.S. 199, 203 (1968)) (emphasis

added in Adarand)). Importantly, the Supreme Court has held that the fact that a

government has “ceased using” a particular policy or program “is not dispositive” of

the question of whether the case is moot “since the [defendant] vigorously defends

its program’s constitutionality, and nowhere suggests that it will not resume” the

policy or program at a later date. Parents Involved, 551 U.S. at 702.

      Similarly, in Roman Catholic Diocese of Brooklyn v. Cuomo, the Supreme

Court held that the Plaintiff's request for an injunction in their action challenging

the New York Governor's Executive Order issued during the COVID-19 pandemic,

limiting attendance at religious services was not moot despite the Governor's

reclassification of areas with COVID-19 restrictions because the Governor regularly

changed classifications of particular areas without prior notice. Roman Cath.

Diocese of Brooklyn, 141 S. Ct. at 68. The Court reasoned that there was “no



                                         9
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 10 of 15 PageID #: 1341




justification" for denying injunctive relief, and the action was clearly not moot. Id.

Similarly, in Federal Election Commission v. Wisconsin Right to Life, Inc., the Court

reasoned that even though the election cycle in question had passed, the cases “fit

comfortably within the established exception to mootness for disputes capable of

repetition, yet evading review” because it would be unreasonable to expect that the

Plaintiffs could have obtained complete judicial review of their claims in time and

it was sufficiently likely that the same controversy would recur in future election

cycles. 551 U.S. 449, 462 (2007). The Court, therefore, held that the passing of the

election cycle did not moot the dispute. Id.

II.   Plaintiffs’ case is not moot because each of the exceptions of the
      doctrine of mootness apply.

      A.       This case is not moot because the Defendants voluntarily
               ceased the challenged activity.

      Like the cases cited above, this case falls squarely within the voluntary

cessation exception to the doctrine of mootness. The Defendants argue that this case

is moot because they have revoked EO 14042. See Executive Order 14099. However,

the Defendants make no assurances that they will not reinstate an identical

unconstitutional and unlawful EO or guidance if the number of COVID-19 cases

were to increase, a new variant emerges, or some other event occurs that the

Defendants deem appropriate to support such a regulation. The voluntary cessation

of a policy does not (and cannot) render a case moot absent any “suggest[ion] that

[Defendants] will not resume” the same policy at a later date. Parents Involved, 551

U.S. at 702.



                                         10
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 11 of 15 PageID #: 1342




      In fact, when the Biden administration announced it would be revoking the

EO 14042 vaccine mandate, it also touted the purported “health and safety” benefits

and workplace efficiency of the vaccine requirements.1 The administration went on

to explain that it was removing the requirement because “we are now in a different

phase of our response when these measures are no longer necessary.” Id. However,

this explanation implies that if, in the future, the administration deems we are in

yet another “phase,” it may once again become "necessary" to impose such a

sweeping requirement.

      Defendants’ actions, in short, are the axiomatic example of “voluntary

cessation.” Nowhere in EO 14099—or, indeed, any statement by any Defendant—

do Defendants suggest that they will not repeat the same actions again at their

discretion. Indeed, there is nothing stopping Defendants from attempting to

promulgate identical actions tomorrow, next week, or next month. Absent any

“subsequent events” that “ma[ke] it absolutely clear that the allegedly wrongful

behavior could not reasonably be expected to recur,” this case is not moot. Parents

Involved, 551 U.S. at 719. This Court has already once determined that Plaintiffs

are likely to succeed on the merits of their challenges to Defendants actions. The

voluntary cessation exception to the doctrine of mootness prevents litigants from

simply pausing their challenged activities just long enough to defeat receiving an




1           See             https://www.whitehouse.gov/briefing-room/statements-
releases/2023/05/01/the-biden-administration-will-end-covid-19-vaccination-
requirements-for-federal-employees-contractors-international-travelers-head-
start-educators-and-cms-certified-facilities (last visited Aug. 30, 2023).


                                        11
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 12 of 15 PageID #: 1343




adverse final judgment. Northeastern Florida Chapter of Associated General

Contractors, 508 U.S. at 662.

      B.     This case is not moot because Defendants’ actions, if permitted
             to be unreviewable, are capable of repetition yet evading
             review.

      Plaintiffs’ claims remain justiciable for the independent reason that

Defendants’ actions are capable of repetition yet, if permitted to render a case moot,

would evade judicial review. Indeed, the vehicle for Defendants’ unlawful actions—

unilateral and unchecked executive action—is exactly the kind of action that falls

under this exception to the mootness doctrine of being “capable of repetition, yet

evading review” by a Court. Honig, 484 U.S. at 318. The doctrine applies to actions

for which the duration of the action is “too short to be fully litigated prior to its

cessation” and for which there is “a reasonable expectation that the same

complaining party would be subjected to the same action again.” Weinstein v.

Bradford, 423 U.S. 147, 149 (1975).

      Defendants began the unlawful actions at issue in this case with a stroke of

the pen when President Biden issued EO 13991 and federal agencies took related

actions. Numerous States and other Plaintiffs challenged these actions, and

multiple federal courts enjoined Defendants’ actions. See, e.g., Feds for Med.

Freedom, 63 F.4th at 387. Then, with another stroke of the pen, Defendants revoked

the executive action—and argued that this second executive action allows them to

avoid final judicial review. Defendants’ sole justification for this second

governmental action was the conclusion that reduction in COVID-19 numbers mean



                                         12
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 13 of 15 PageID #: 1344




that “we no longer need” the challenged action. EO 14099.

      Defendants’ behavior, if it is permitted to be used as a tool by Defendants to

avoid judicial review, is exactly the kind of action which falls into the category of

being “capable of repetition.” After Defendants received adverse preliminary

judgments from multiple federal courts, the Biden administration simply

determined that COVID numbers had sufficiently decreased to warrant unilaterally

revoking past executive actions. Given the fluid and ever-changing effects of

COVID-19 and Defendants’ assertion of executive authority to control behavior on

this issue, Defendants could, without warning, over and over again impose and

again remove identical vaccine requirements. Indeed, some news outlets have

recently reported a new surge in COVID-19 numbers.2 Defendants have never

suggested that they would not re-institute their challenged actions at a later date.

      Indeed, Defendants are fighting tooth and nail to retain the power to do just

that. On March 23, 2023, the Fifth Circuit, sitting en banc, entered an order

affirming the district court’s grant of a preliminary injunction. If Defendants

believed the executive order entered on May 9, 2023 rendered the matter moot, the

Fifth Circuit’s decision would have little effect. Instead, less than two months ago—

on July 21, 2023—Defendants filed a Petition for Certiorari asking the Supreme

Court to vacate the Fifth Circuit’s decision affirming the preliminary injunction.

See Petition for Certiorari, Joseph R. Biden Jr. v. Feds for Med. Freedom, No. 23-60



2 See, e.g., Julie Bosman, Not Over Yet: Late-Summer Covid Wave Brings Warning

of More to Come, Aug. 28, 2023, https://www.nytimes.com/2023/08/28/us/covid-
cases-hospitalizations.html (last visited Aug. 30, 2023).


                                         13
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 14 of 15 PageID #: 1345




(Jul. 21, 2023).

      Defendants’ actions, if allowed to render the case moot, are also capable of

repeatedly evading review. Defendants already once revoked the unlawful actions

in the face of adverse preliminary injunction decisions. This revocation occurred

while several cases were ongoing and occurred before these ongoing cases could

reach a final judgment. Given the unilateral nature of executive actions and the

actions of Defendants challenged in this case, it would be unreasonable to expect

that Plaintiffs could obtain a final judgment the second time that Defendants

attempt the same action.

      For these reasons, Defendants have not demonstrated the requisite

permanent policy change, or assurances that they will not reinstate an identical

unconstitutional and unlawful EO or guidance in the future and, therefore, have

not met their burden to show the underlying action is moot.

                                 CONCLUSION

      For the foregoing reasons, Defendants have failed to carry their burden of

demonstrating that Plaintiffs’ claims should be dismissed as moot and that neither

of the exceptions to the doctrine of mootness apply to Defendants’ voluntary

cessation of the challenged actions. This Court should allow the case to continue to

judgment.




                                        14
Case: 4:21-cv-01300-JSD Doc. #: 68 Filed: 08/31/23 Page: 15 of 15 PageID #: 1346




                                         Respectfully submitted,

                                         ANDREW BAILEY
                                         Missouri Attorney General

                                         /s/ Maria Lanahan
                                         Maria A. Lanahan, #65956
                                             Deputy Solicitor General
                                         Office of the Attorney General
                                         815 Olive St., Suite 200
                                         St. Louis, MO 63101
                                         (314) 340-4978
                                         (573) 751-0774 (fax)
                                         Maria.Lanahan@ago.mo.gov

                                         Counsel for Plaintiffs


                         CERTIFICATE OF SERVICE

      I hereby certify that, on August 31, 2023, a true and correct copy of the

foregoing and any attachments were filed electronically through the Court’s

CM/ECF system, to be served on counsel for all parties by operation of the Court’s

electronic filing system and to be served on those parties that have not appeared

who will be served in accordance with the Federal Rules of Civil Procedure by mail

or other means agreed to by the party.

                                                             /s/ Maria Lanahan
                                                             Counsel for Plaintiffs




                                          15


File and source

File
Missouri_EDMO_4-21-cv-01300_8th-21-3725__doc-068__att-0.pdf
Size
165,054 bytes
SHA-256
7c836f50d5d3c2bb5c04363472f025dbe7afc1474926c8f2e280daa88d073f2f
Our copy
Missouri_EDMO_4-21-cv-01300_8th-21-3725__doc-068__att-0.pdf
Original
storage.courtlistener.com
Back to top