STATE OF FLORIDA et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al

Filing 179

AMENDED NOTICE OF CROSS APPEAL as to 79 Order on Motion to Dismiss, 150 Order on Motion for Summary Judgment,,,,,,, 151 Judgment, by KAJ AHLBURG, TERRY E BRANSTAD, MARY BROWN, COMMONWEALTH OF PENNSYLVANIA, NATIONAL FEDERATION OF INDEPENDENT BUSINESS, STATE OF ALABAMA, STATE OF ALASKA, STATE OF ARIZONA, STATE OF COLORADO, STATE OF FLORIDA, STATE OF GEORGIA, STATE OF IDAHO, STATE OF INDIANA, STATE OF KANSAS, STATE OF LOUISIANA, STATE OF MAINE, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF OHIO, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON, STATE OF WISCONSIN, STATE OF WYOMING. Appeal Record due by 3/8/2011. (WINSHIP, BLAINE) Modified on 3/14/2011 to clarify text. (tl)

STATE OF FLORIDA et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al Doc. 179 IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Pensacola Division Case No.: 3:10-cv-91-RV/EMT STATE OF FLORIDA, by and through PAM BONDI, ATTORNEY GENERAL OF THE STATE OF FLORIDA; STATE OF SOUTH CAROLINA, by and through ALAN WILSON, ATTORNEY GENERAL OF THE STATE OF SOUTH CAROLINA; STATE OF NEBRASKA, by and through JON BRUNING, ATTORNEY GENERAL OF THE STATE OF NEBRASKA; STATE OF TEXAS, by and through GREG ABBOTT, ATTORNEY GENERAL OF THE STATE OF TEXAS; STATE OF UTAH, by and through MARK L. SHURTLEFF, ATTORNEY GENERAL OF THE STATE OF UTAH; STATE OF LOUISIANA, by and through JAMES D. "BUDDY" CALDWELL, ATTORNEY GENERAL OF THE STATE OF LOUISIANA; STATE OF ALABAMA, by and through LUTHER STRANGE, ATTORNEY GENERAL OF THE STATE OF ALABAMA; BILL SCHUETTE, ATTORNEY GENERAL OF THE STATE OF MICHIGAN, ON BEHALF OF THE PEOPLE OF MICHIGAN; STATE OF COLORADO, by and through JOHN W. SUTHERS, ATTORNEY GENERAL OF THE STATE OF COLORADO; COMMONWEALTH OF PENNSYLVANIA, by and through THOMAS W. CORBETT, Jr., GOVERNOR OR THE COMMONWEALTH OF PENNSYLVANIA, and WILLIAM H. RYAN, Dockets.Justia.com Jr., ACTING ATTORNEY GENERAL OF THE COMMONWEALTH OF PENNSYLVANIA; STATE OF WASHINGTON, by and through ROBERT M. McKENNA, ATTORNEY GENERAL OF THE STATE OF WASHINGTON; STATE OF IDAHO, by and through LAWRENCE G. WASDEN, ATTORNEY GENERAL OF THE STATE OF IDAHO; STATE OF SOUTH DAKOTA, by and through MARTY J. JACKLEY, ATTORNEY GENERAL OF THE STATE OF SOUTH DAKOTA; STATE OF INDIANA, by and through GREGORY F. ZOELLER, ATTORNEY GENERAL OF THE STATE OF INDIANA; STATE OF NORTH DAKOTA, by and through WAYNE STENEHJEM, ATTORNEY GENERAL OF THE STATE OF NORTH DAKOTA; STATE OF MISSISSIPPI, by and through HALEY BARBOUR, GOVERNOR OF THE STATE OF MISSISSIPPI; STATE OF ARIZONA, by and through JANICE K. BREWER, GOVERNOR OF THE STATE OF ARIZONA, and THOMAS C. HORNE, ATTORNEY GENERAL OF THE STATE OF ARIZONA; STATE OF NEVADA, by and through BRIAN SANDOVAL, GOVERNOR OF THE STATE OF NEVADA; STATE OF GEORGIA, by and through SAMUEL S. OLENS, ATTORNEY GENERAL OF THE STATE OF GEORGIA; STATE OF ALASKA, by and through JOHN J. BURNS, ATTORNEY GENERAL OF THE STATE OF ALASKA; STATE OF OHIO, by and through MICHAEL DeWINE, ATTORNEY GENERAL OF THE STATE OF OHIO; STATE OF KANSAS, by and through DEREK SCHMIDT, 2 ATTORNEY GENERAL OF THE STATE OF KANSAS; STATE OF WYOMING, by and through MATTHEW H. MEAD, GOVERNOR OF THE STATE OF WYOMING; STATE OF WISCONSIN, by and through J.B. VAN HOLLEN, ATTORNEY GENERAL OF THE STATE OF WISCONSIN; STATE OF MAINE, by and through WILLIAM J. SCHNEIDER, ATTORNEY GENERAL OF THE STATE OF MAINE; TERRY E. BRANSTAD, GOVERNOR OF THE STATE OF IOWA, ON BEHALF OF THE PEOPLE OF IOWA; NATIONAL FEDERATION OF INDEPENDENT BUSINESS, a California nonprofit mutual benefit corporation; MARY BROWN, an individual; and KAJ AHLBURG, an individual; Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES; KATHLEEN SEBELIUS, in her official capacity as the Secretary of the United States Department of Health and Human Services; UNITED STATES DEPARTMENT OF THE TREASURY; TIMOTHY F. GEITHNER, in his official capacity as the Secretary of the United States Department of the Treasury; UNITED STATES DEPARTMENT OF LABOR; and HILDA L. SOLIS, in her official capacity as Secretary of the United States Department of Labor, Defendants. ___________________________________________/ 3 AMENDED NOTICE OF CROSS-APPEAL Notice is hereby given that all Plaintiff States as listed above Florida, South Carolina,1 Nebraska, Texas, Utah, Louisiana, Alabama, Michigan, Colorado, Pennsylvania, Washington, Idaho, South Dakota, Indiana, North Dakota, Mississippi, Arizona, Nevada, Georgia, Alaska, Ohio, Kansas, Wyoming, Wisconsin, Maine, and Iowa hereby cross-appeal the abovereferenced case to the United States Court of Appeals for the Eleventh Circuit from the adverse disposition of claims in the Final Summary Declaratory Judgment Order [Doc. 151] and the Order (and Memorandum Opinion) Granting Summary Judgment [Doc. 150], both entered January 31, 2011, and in the Order and Memorandum Opinion granting in part and denying in part Defendants' motion to dismiss [Doc. 79], entered on October 14, 2010, and any other adverse rulings in this action. Respectfully submitted, PAMELA JO BONDI ATTORNEY GENERAL OF FLORIDA /s/ Blaine H. Winship Blaine H. Winship (Fla. Bar No. 0356913) Special Counsel Joseph W. Jacquot (Fla. Bar No. 189715) Special Counsel Scott D. Makar (Fla. Bar No. 709697) Solicitor General Louis F. Hubener (Fla. Bar No. 0140084) Timothy D. Osterhaus (Fla. Bar No. 0133728) Deputy Solicitors General Office of the Attorney General of Florida The Capitol, Suite PL-01 Tallahassee, Florida 32399-1050 Telephone: (850) 414-3300 Facsimile: (850) 488-4872 Email: blaine.winship@myfloridalegal.com Attorneys for Plaintiff States 1 The previously filed Notice of Cross-Appeal contained a scrivener's error listing the State of North Carolina rather than the State of South Carolina as a party to the Notice of Cross-Appeal. The amendment is for no other purpose. 4 David B. Rivkin (D.C. Bar No. 394446) Lee A. Casey (D.C. Bar No. 447443) Baker & Hostetler LLP 1050 Connecticut Avenue, N.W., Ste. 1100 Washington, DC 20036 Telephone: (202) 861-1731 Facsimile: (202) 861-1783 Attorneys for Plaintiff States Katherine J. Spohn Special Counsel to the Attorney General Office of the Attorney General of Nebraska 2115 State Capitol Building Lincoln, Nebraska 68508 Telephone: (402) 471-2834 Facsimile: (402) 471-1929 Email: katie.spohn@nebraska.gov Attorney for Plaintiff State of Nebraska Bill Cobb Deputy Attorney General for Civil Litigation Office of the Attorney General of Texas P.O. Box 12548, Capitol Station Austin, Texas 78711-2548 Telephone: (512) 475-0131 Facsimile: (512) 936-0545 Email: bill.cobb@oag.state.tx.us Attorney for Plaintiff State of Texas Clayton P. Kawski Assistant Attorney General Wisconsin Department of Justice 17 W. Main St. Madison, WI 53707 Telephone: (608) 266-7477 Facsimile: (608) 267-2223 Email: kawskicp@doj.state.wi.us Attorney for Plaintiff State of Wisconsin CERTIFICATE OF SERVICE I hereby certify that, on this 11th day of March, 2011, a copy of the foregoing was served on all counsel of record for all parties through the Court's Notice of Electronic Filing system. /s/ Blaine H. Winship Blaine H. Winship Special Counsel Office of the Attorney General of Florida 5