LYNX Motion for Leave to Adopt Legal Arguments — Wall v. CDC

Record facts

U.S. District Court for the Middle District of Florida (Orlando Division) · No. 6:21-cv-00975-PGB-DCI · Doc. 132 · 2021-08-20 · Docket on CourtListener

Full text

58802442;2 
UNITED STATES DISTRICT COURT 
MIDDLE DISTRICT OF FLORIDA 
ORLANDO DIVISION 
CASE NO.: 6:21-cv-00975-PGB-DCI 
LUCAS WALL, 
Plaintiff, 
v. 
CENTERS FOR DISEASE CONTROL 
& PREVENTION, DEPARTMENT OF 
HEALTH & HUMAN SERVICES, 
TRANSPORTATION SECURITY  
ADMINISTRATION, DEPARTMENT OF 
HOMELAND SECURITY, DEPARTMENT 
OF TRANSPORTATION, JOSEPH BIDEN, 
in his official capacity as President of the 
United States of America, GREATER 
ORLANDO AVIATION AUTHORITY, and 
CENTRAL FLORIDA REGIONAL 
TRANSPORTATION AUTHORITY, 
Defendants. 
_______________________________________/ 
DEFENDANT CENTRAL FLORIDA REGIONAL TRANSPORTATION 
AUTHORITY'S MOTION FOR LEAVE TO ADOPT LEGAL 
ARGUMENTS ASSERTED IN D.E. 129 
Defendant, Central Florida Regional Transportation Authority, d/b/a 
LYNX ("LYNX"), by and through its undersigned counsel, requests the Court 
grant LYNX leave to adopt the legal arguments asserted in the Reply to 
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Plaintiff's Opposition to Defendant Greater Orlando Aviation Authority's 
Motion to Dismiss Count 17 of the Complaint, filed by Defendant Greater 
Orlando Aviation Authority ("GOAA") on August 18, 2021. [D.E. 129.] In 
support, LYNX states as follows: 
1.
In Counts 17 and 18 of the Complaint, Plaintiff asserted claims for 
violation of Executive Order 21-102 against Defendants GOAA and LYNX, 
respectively (the "Local Defendants"). [D.E. 1.] 
2.
The Local Defendants each filed a motion to dismiss Plaintiff's 
claims, raising similar legal arguments. [D.E 49, 82].  
3.
On July 26, 2021, Plaintiff filed his responses in opposition to each 
of the Local Defendant's motions to dismiss, wherein he asserted similar legal 
arguments. [D.E. 100, 101.]  
4.
On August 18, 2021, with leave of Court, GOAA filed its Reply to 
Plaintiff's Opposition to Defendant Greater Orlando Aviation Authority's 
Motion to Dismiss Count 17 of the Complaint. [D.E. 129.] 
5.
Because the causes of actions asserted against the Local 
Defendants are virtually identical and the briefing on the Local Defendants' 
motions to dismiss raises overlapping legal issues, the legal arguments raised in 
GOAA's Reply [D.E. 129] are also pertinent to the Court's consideration of the 
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issues raised in LYNX's Motion to Dismiss Count 18 of the Complaint [D.E 
82] and Plaintiff's Response in Opposition [D.E. 101.] 
6.
Specifically, Section I of GOAA's Reply raises argument regarding 
the inapplicability of the doctrine of quo warranto to Plaintiff's claims under 
Executive Order 21-102. [D.E. 129 at p. 2-3.] Such argument is directly relevant 
to the argument raised by Plaintiff in Section A of his Response in Opposition 
to LYNX's Motion to Dismiss. [D.E. 101 at p. 1-5.] 
7.
Likewise, Section II of GOAA's Reply raises argument regarding 
the irrelevance of the constitutional right of privacy to Plaintiff's claims under 
Executive Order 21-102. [D.E. 129 at p. 3-5.] Plaintiff's Response in Opposition 
to LYNX's Motion to Dismiss is replete with argument attempting to invoke 
the right to privacy in connection with Count 18. [D.E. 101 at p. 2-6, 8, 12-13.] 
Accordingly, Section II of GOAA's Reply contains legal argument that is 
relevant to Plaintiff's misguided efforts to resuscitate his claims under Executive 
Order 21-102 by conflating them with an invasion of his constitutional privacy 
rights.  
8.
Accordingly, LYNX respectfully requests that the Court allow 
LYNX to adopt the legal arguments asserted in GOAA's Reply. [D.E. 129].  
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9.
This Motion does not contemplate any additional briefing by 
LYNX in connection with its Motion to Dismiss.  
WHEREFORE, LYNX respectfully requests that the Court allow 
LYNX to adopt the legal arguments asserted in GOAA's Reply [D.E. 129] for 
purposes of the Court's consideration of LYNX's Dispositive Motion to Dismiss 
Count 18 of Plaintiff's Complaint [D.E. 82.] 
CERTIFICATE OF CONFERENCE PURSUANT TO  
LOCAL RULE 3.01(G) 
I hereby certify that on August 19, 2021, counsel for Defendant, Central 
Florida Regional Transportation Authority, David Wood and Monica 
Kovecses, conferred with all parties or their counsel regarding the relief 
requested herein. The other named Defendants do not oppose the Relief 
requested. With respect to Section I of GOAA's Reply, Plaintiff does not oppose 
the relief requested. Plaintiff opposes the relief requested as to Section II of 
GOAA's Reply. 
Dated:  August 20, 2021. 
Respectfully submitted, 
/s/ David S. Wood 
David S. Wood, Esq., Trial Counsel 
Florida Bar No.:  289515 
Email:  david.wood@akerman.com
Monica M. Kovecses, Esq.  
Florida Bar No.:  105382 
Email:  monica.kovecses@akerman.com
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AKERMAN LLP 
Post Office Box 231 
Orlando, Florida 32802-0231 
Phone:  (407) 423-4000 
Fax:      (407) 843-6610 
Attorneys for Defendant
CENTRAL 
FLORIDA 
REGIONAL 
TRANSPORTATION AUTHORITY 
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on August 20, 2021, a true and correct copy 
of the foregoing was filed with the Court using the CM/ECF system, which will 
send an electronic notice to all counsel of record. 
/s/ David S. Wood  
David S. Wood, Esq. 
Case 6:21-cv-00975-PGB-DCI   Document 132   Filed 08/20/21   Page 5 of 5 PageID 4746

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