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Notice of Similar Case — State of Florida v. Department of Health and Human Services (Northern District of Florida)

Summary

A Notice of Similar Case filed by the State of Florida in State of Florida v. Department of Health and Human Services, et al., No. 3:21-cv-2722-MCR-HTC, in the United States District Court, Northern District of Florida, Pensacola Division. Under Local Rule 5.6, Florida notifies the court of Darling et al. v. Sacred Heart Health System, Inc. et al., No. 3:21-cv-1787-TKW-HTC, which it describes as a challenge to an employer-instituted vaccine mandate that plaintiffs claim was coerced by the then-impending CMS vaccine mandate. Florida states that this claim overlaps substantially with the facts and legal issues in its own case. The notice carries a certificate of service dated the 18th day of November, 2021 and signature /s/ David M. Costello.

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“Notice of Similar Case — State of Florida v. Department of Health and Human Services (Northern District of Florida).” Original at archive.org. Archived at Pandemic Darlings, https://pandemicdarlings.com/source-documents/rict-court-northern-district-of-florida-pensacola-division-state-of-florida-plaintiff-v-no/, SHA-256 9a7fec49641e2fe7eec6873250a3c4e4f31993956dbabd2b4f11ba8d90c920fe.

Full text

                     UNITED STATES DISTRICT COURT
                     NORTHERN DISTRICT OF FLORIDA
                          PENSACOLA DIVISION

STATE OF FLORIDA,

      Plaintiff,

      v.                                       No. 3:21-cv-2722-MCR-HTC

DEPARTMENT OF HEALTH AND
HUMAN SERVICES, et al.,

     Defendants.
_________________________________/

                           NOTICE OF SIMILAR CASE

      Under Local Rule 5.6, a “party who files . . . a case must file a notice” if the

case “involves issues of fact or law in common with the issues in another case

pending in the District.” Consistent with that rule, the State of Florida hereby notifies

the Court of Darling et al. v. Sacred Heart Health System, Inc. et al., No. 3:21-cv-

1787-TKW-HTC.

      Darling involves a challenge to an employer-instituted vaccine mandate that

plaintiffs claim was coerced by the then-impending CMS vaccine mandate. See, e.g.,

ECF No. 5 at 17–23. This claim overlaps substantially with both the facts and the

legal issues relevant to the above-captioned case, in which Florida argues that

CMS’s vaccine mandate is unlawful and improperly forces States and employers to

be complicit in unauthorized federal overreach.
Respectfully submitted,

Ashley Moody
ATTORNEY GENERAL

John Guard (FBN 374600)
CHIEF DEPUTY ATTORNEY GENERAL

James H. Percival (FBN 1016188)
DEPUTY ATTORNEY GENERAL OF LEGAL POLICY

Henry C. Whitaker (FBN 1031175)
SOLICITOR GENERAL

Daniel Bell (FBN 1008587)
CHIEF DEPUTY SOLICITOR GENERAL

/s/ David M. Costello
David M. Costello (FBN 1004952)
ASSISTANT SOLICITOR GENERAL

Natalie Christmas (FBN 1019180)
ASSISTANT ATTORNEY GENERAL OF LEGAL POLICY

Jason H. Hilborn (FBN 1008829)
DEPUTY SOLICITOR GENERAL

Office of the Attorney General
The Capitol, Pl-01
Tallahassee, Florida 32399-1050
(850) 414-3300
(850) 410-2672 (fax)
david.costello@myfloridalegal.com

Counsel for the State of Florida




            2
                        CERTIFICATE OF SERVICE

      I hereby certify that on this 18th day of November, 2021, a true and correct

copy of the foregoing was filed with the Court’s CM/ECF system and furnished by

US Mail to:

Xavier Becerra, Secretary                   U.S. Centers for Medicare and
U.S. Department of Health and Human         Medicaid Services
Services                                    7500 Security Boulevard
200 Independence Avenue, S.W.               Baltimore, MD 21244
Washington, DC 20201

United States of America                    Chiquita Brooks-LaSure, Administrator
c/o United States Attorney’s Office         U.S. Centers for Medicare and
Northern District of Florida                Medicaid Services
Tallahassee Headquarters                    7500 Security Boulevard
Civil Process Clerk                         Baltimore, MD 21244
111 North Adams Street
4th Floor, U.S. Courthouse
Tallahassee, FL 32301

U.S. Department of Health and Human         U.S. Department of Justice
Services                                    Justice Management Division
200 Independence Avenue, S.W.               950 Pennsylvania Ave., N.W.
Washington, DC 20201                        Room 1111
                                            Washington, DC 20530

                                              /s/ David M. Costello
                                              Assistant Solicitor General




                                        3

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gov.uscourts.flnd.419684.3.0.pdf
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