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

Filing 169

NOTICE OF APPEAL as to 79 Order on Motion to Dismiss, 150 Order on Motion for Summary Judgment,,,,,,, 151 Judgment, 167 Order, by TIMOTHY F GEITHNER, KATHLEEN SEBELIUS, HILDA L SOLIS, UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES, UNITED STATES DEPARTMENT OF LABOR, UNITED STATES DEPARTMENT OF THE TREASURY. ( (BECKENHAUER, ERIC)

IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA PENSACOLA DIVISION

STATE OF FLORIDA, by and through PAM BONDI, et al.,

) ) ) Plaintiffs, ) ) v. ) ) UNITED STATES DEPARTMENT ) OF HEALTH AND HUMAN ) SERVICES, et al., ) ) Defendants. ) ____________________________________)

Case No. 3:10-cv-91-RV/EMT

NOTICE OF APPEAL PLEASE TAKE NOTICE that defendants, the United States Department of Health and Human Services; Kathleen Sebelius, in her official capacity as Secretary of Health and Human Services; the United States Department of the Treasury; Timothy F. Geithner, in his official capacity as Secretary of the Treasury; the United States Department of Labor; and Hilda L. Solis, in her official capacity as Secretary of Labor, hereby appeal to the United States Court of Appeals for the Eleventh Circuit from the Final Summary Declaratory Judgment (Doc. 151) and Order Granting Summary Judgment (Doc. 150) granting summary judgment in part to plaintiffs and denying summary judgment in part to defendants, entered in this action on January 31, 2011, as clarified by the Order (Doc. 167) entered in this action on March 3, 2011; and from all previous rulings in this action, including the Order and Memorandum Opinion (Doc. 79) denying in part defendants' motion to dismiss, entered in this action on October 14, 2010.

Dated: March 8, 2011

Respectfully submitted,

TONY WEST Assistant Attorney General IAN HEATH GERSHENGORN Deputy Assistant Attorney General THOMAS F. KIRWIN United States Attorney SHEILA LIEBER Deputy Director /s/ Eric Beckenhauer BRIAN KENNEDY Senior Trial Counsel, D.C. Bar No. 228726 ERIC B. BECKENHAUER, Cal. Bar No. 237526 Trial Attorney U.S. Department of Justice Civil Division, Federal Programs Branch 20 Massachusetts Ave. NW Washington, DC 20530 Telephone: [phone] Facsimile: [phone] E-mail: [e-mail] Attorneys for Defendants

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CERTIFICATE OF SERVICE I hereby certify that on March 8, 2011, the foregoing document was filed with the Clerk of Court via the CM/ECF system, causing it to be served on Plaintiffs' counsel of record. /s/ Eric B. Beckenhauer ERIC B. BECKENHAUER