Order on Motion to Transfer and Stay — Health Freedom Defense Fund v. Biden (M.D. Fla.)

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UNITED STATES DISTRICT COURT · No. 8:21-cv-02679-MSS-JSS · Doc. 36 · 2022-03-25 · Docket on CourtListener

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UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
TAMPA DIVISION 
 
HEALTH FREEDOM DEFENSE 
FUND, FEDERAL EMPLOYEES 
FOR FREEDOM, RAYLENE 
WORLEY, CHRISTOPHER WALSH, 
CHARLES MATTHEW CONROY, 
JUSTIN AARON CURTIS, 
KIMBERLY ELSHOLZ and JOSEPH 
AARON WILLIAMS, 
 
 
Plaintiffs, 
 
v. 
Case No: 8:21-cv-2679-MSS-JSS 
 
JOSEPH R. BIDEN, JR., SAFER 
FEDERAL WORKFORCE TASK 
FORCE, KIRAN AHUJA, ROBIN 
CARNAHAN and JEFFREY ZIENTS, 
 
 
Defendants. 
 
 
 
ORDER 
THIS CAUSE comes before the Court for consideration of the Joint Motion to 
Transfer. (Dkt. 26) Therein, the Parties jointly request that the Court transfer this 
matter to United States District Judge Steven D. Merryday, who is assigned to an 
earlier-filed, related case captioned State Department Employee #1 et al. v. Austin et 
al., No. 8:22-cv-364-SDM-TGW. (Id.) Local Rule 1.07(a)(2)(B) permits a motion to 
transfer a related case, with the consent of the transferee judge, “[i]f actions before 
different judges present the probability of inefficiency or inconsistency[.]”  
Case 8:21-cv-02679-MSS-JSS   Document 36   Filed 03/25/22   Page 1 of 3 PageID 166

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State Department Employee #1 et al. v. Austin et al., involves claims brought 
by civilian federal employees asserting that the employee vaccination requirement in 
Executive Order 140431 violates the Religious Freedom Restoration Act (“RFRA”), 
the First Amendment, the Federal Food, Drug, and Cosmetic Act (“FDCA”), and the 
Administrative Procedures Act (“APA”).  No. 8:22-cv-364-SDM-TGW at Dkt. 14. 
The instant case, while also challenging the employee vaccination requirement in 
Executive Order 14043, involves allegations that the Executive Order violates Office 
of Personnel Management (“OPM”) regulations governing personnel records, 
fundamental rights protected by the Constitution, and the Equal Protection Clause. 
(Dkt. 1)  
Upon detailed review, the Court finds that, while the two cases overlap and both 
seek to enjoin enforcement of Executive Order 14043, they are not sufficiently similar 
to warrant transfer. Accordingly, the Joint Motion to Transfer, (Dkt. 26), is DENIED. 
Plaintiffs’ Request for Ruling on Joint Motion to Transfer, (Dkt. 35), seeking a ruling 
on the Joint Motion to Transfer prior to March 30, 2022 is STRICKEN AS 
IMPROPER. A motion is a request for a ruling, and a separate request for a ruling is 
not required.  
The Court further notes that Executive Order 14043 is currently subject to an 
order preliminarily enjoining its enforcement nationwide. See Feds for Med. Freedom 
 
1 Executive Order 14043 directs federal agencies to implement, consistent with applicable law, a 
program to require that their employees be vaccinated against COVID-19 unless a legally required 
exception applies. See Exec. Order No. 14043 § 2, 86 Fed. Reg. 50,989, 50,990 (Sept. 14, 2021). 
Case 8:21-cv-02679-MSS-JSS   Document 36   Filed 03/25/22   Page 2 of 3 PageID 167

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v. Biden, No. 3:21-CV-356, 2022 WL 188329, at *8 (S.D. Tex. Jan. 21, 2022). That 
injunction is currently being challenged on appeal in the Fifth Circuit Court of 
Appeals. Feds for Med. Freedom v. Biden, No. 22-40043 (5th Cir.). In the interests of 
efficiency and judicial economy, the Court finds it appropriate to stay this matter 
pending resolution of the appeal of the nationwide injunction. The Clerk is directed to 
STAY and ADMINISTRATIVELY CLOSE this action. Within fourteen (14) days 
of the date that a mandate is issued in that case, the parties are directed to file a joint 
notice and motion requesting such relief as is appropriate. If either party opposes a 
stay of this action, that party is directed to file a motion for reconsideration within 
seven (7) days of the date of this Order.  
DONE and ORDERED in Tampa, Florida, this 25th day of March 2022. 
 
 
 
 
Copies furnished to: 
Counsel of Record 
Any Unrepresented Person 
Case 8:21-cv-02679-MSS-JSS   Document 36   Filed 03/25/22   Page 3 of 3 PageID 168

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