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

Filing 60

RESPONSE in Opposition re 57 MOTION clarification and leave (titled as Motion for Clarification of the Court's June 14, 2010 Order and in the Alternative for Leave to Appear as Amicus Curiae and Memorandum in Support) MOTION clarification and leave (titled as Motion for Clarification of the Court's June 14, 2010 Order and in the Alternative for Leave to Appear as Amicus Curiae and Memorandum in Support) filed by KAJ AHLBURG, 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 LOUISIANA, STATE OF MICHIGAN, STATE OF MISSISSIPPI, STATE OF NEBRASKA, STATE OF NEVADA, STATE OF NORTH DAKOTA, STATE OF SOUTH CAROLINA, STATE OF SOUTH DAKOTA, STATE OF TEXAS, STATE OF UTAH, STATE OF WASHINGTON. (WINSHIP, BLAINE)

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IN THE UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA Pensacola Division STATE OF FLORIDA, by and through Bill McCollum, et al., Plaintiffs, v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, et al., Defendants. ___________________________________________/ PLAINTIFFS' RESPONSE TO MOTION FOR CLARIFICATION OF THE COURT'S JUNE 14, 2010 ORDER AND IN THE ALTERNATIVE FOR LEAVE TO APPEAR AS AMICUS CURIAE Plaintiffs hereby respond to the "Motion for Clarification of the Court's June 14, 2010 Order and in the Alternative for Leave to Appear as Amicus Curiae," filed today on behalf of the Attorneys General of the States of Oregon, Iowa, and Vermont. Plaintiffs do not believe that the relief now requested is consistent with the Court's June 14 Order, and consequently, Plaintiffs oppose the motion and any other such motions at this stage of the litigation. Respectfully submitted, BILL MCCOLLUM ATTORNEY GENERAL OF FLORIDA /s/ Blaine H. Winship Blaine H. Winship (Fla. Bar No. 0356913) Assistant Attorney General Scott D. Makar (Fla. Bar No. 709697) Solicitor General Case No.: 3:10-cv-91-RV/EMT 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 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, National Federation of Independent Business, Mary Brown, and Kaj Ahlburg 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 Attorneys for Plaintiff the State of Nebraska Karen R. Harned Executive Director National Federation of Independent Business Small Business Legal Center 1201 F Street, N.W., Suite 200 Washington, DC 20004 Telephone: (202) 314-2061 Facsimile: (202) 554-5572 Of counsel for Plaintiff National Federation of Independent Business William J. Cobb III Special Assistant and Senior Counsel to the Attorney General 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 Attorneys for Plaintiff the State of Texas 2 CERTIFICATE OF SERVICE I hereby certify that, on this 23rd day of June, 2010, a copy of the foregoing Plaintiffs' Response to Motion for Clarification was served on counsel of record for all Defendants through the Court's Notice of Electronic Filing system and on counsel for movants through email attachment and first class mailing. /s/ Blaine H. Winship Blaine H. Winship Assistant Attorney General Office of the Attorney General of Florida 3