Filing 75

Minute Entry for proceedings held before SENIOR JUDGE ROGER VINSON:Oral Argument as to Defendants' 55 MOTION to Dismiss held on 9/14/2010. (Court Reporter Donna Boland.) (Attachments: # 1 Plaintiffs' Exhibit 1) (jmd)

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STATE OF FLORIDA et al v. UNITED STATES DEPARTMENT OF HEALTH AND HUMAN SERVICES et al Doc. 75 United States District Court C IV IL MINUTES - GENERAL Time Commenced: 9:01 am Time Concluded: 11:31 am Case # 3:10cv91-RV Date Tuesday, September 14, 2010 DOCKET ENTRY: Oral argument as to Defendants' Motion to Dismiss. Plaintiffs' Exhibit 1 admitted (see attached). PRESENT: HONORABLE ROGER VINSON, SENIOR JUDGE Jean Davis Deputy Clerk Donna Boland Court Reporter State of Florida, et al. U.S. Dept of Health and Human Services, et al. PROCEEDINGS: 9:01 am 9:02 am 9:05 am 9:07 am 9:45 am 9:46 am 10:06 am 10:10 am 10:11 am 10:30 am 10:41 am 10:44 am Plaintiffs Defendants Arguing: David Rivkin and Blaine H. Winship Arguing: Ian Gershengorn 10:46 am 10:49 am 11:02 am 11:05 am 11:06 am 11:10 am 11:14 am 11:15 am 11:24 am 11:31 am Court in session Court addresses parties Counsels make appearances Court addresses procedural and technical issues Defense oral argument Defense reserves balance of time for rebuttal Plaintiff oral argument (Winship) Proceedings interrupted by power outage Proceedings continue after restoration of power Plaintiff oral argument (Rivkin) Plaintiff oral argument (Winship) Court grants Plaintiffs additional time to address Count 6 Plaintiffs continue argument as to Count 6 (Winship) Court requests additional comment on Count 2 Plaintiffs (Winship) move for admission of power point Defendants objects to admission; overruled; admitted as Plaintiffs' Exhibit 1 Plaintiffs continue argument as to Count 2 (Rivkin) Defense rebuttal Court makes inquiry as to standing issue based on state statute Defendants respond Court thanks counsel for oral argument and briefing Plaintiffs (Winship) raise scheduling issue Defendants respond Court addresses scheduling issue: Court to issue order in 30 days (by October 14th); Filings related to summary judgment due thereafter. Court in recess to consult calendar (to return at 11:25 a.m.) Court in session Scheduling of argument and hearing for Summary Judgment discussed. Arguments and hearing to be set for Thursday, December 16, 2010 Motions for Summary Judgment to be filed 21 days after entry of Order on Motion to Dismiss (11/4/2010); Response in opposition due 21 days later (11/23/2010); Reply brief due 10 days later - plus additional weekend (12/6/2010) Court adjourned Filed in open Court September 14, 2010 Initials of Deputy Clerk: jmd

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