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

Filing 85

NOTICE of Filing 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 (Attachments: # 1 Plaintiffs Statement of Position on Motions for Leave to File Briefs as Amici Curiae) (WINSHIP, BLAINE)

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

Doc. 85 Att. 1

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' STATEMENT OF POSITION ON MOTIONS FOR LEAVE TO FILE BRIEFS AS AMICI CURIAE Pursuant to N.D. Fla. Loc. R. 7.1(B), Plaintiffs having been queried as to whether they support or object to proposed motions by non-parties for leave of Court to submit briefs as amici curiae on issues raised by the parties recently-filed cross-motions for summary judgment, and being cognizant of the proper function of amicus curiae briefs and of the Courts Order on Amicus Curiae Filings dated June 14, 2010 [Doc. 50], hereby submit this Statement of their position on such motions. Plaintiffs wish to promote a full and fair consideration of the important issues raised in the cross-motions, and do not want to stifle meaningful debate. In that regard, Plaintiffs, and in particular the Plaintiff States, are especially mindful of the potential desire of any sovereign State to be heard. Therefore, Plaintiffs consent to the filing of an amicus curiae brief by a sovereign State or Governor if it this Court. is otherwise consistent with the applicable Orders of Case No.: 3:10-cv-91-RV/EMT

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With regard to any other person or entity, Plaintiffs fully support the Courts methodology, set forth in its June 14, 2010, Order, for determining whether a non-party will be permitted to submit a brief as amicus curiae (viz, by filing a timely motion identifying the interest of the party, the value to the Court of its submission for resolving the issues raised in the case, and the "unique information or perspective" offered by the party), and the limitations imposed on such a brief (viz., no more than 15 pages, with no appendix or attachments). Accordingly, except as indicated above, Plaintiffs will neither endorse nor oppose a specific request for leave to appear as amicus curiae in advance of the filing of a motion seeking such leave. Plaintiffs reserve the right, upon reviewing any such motion, to submit a response thereto. Plaintiffs further reserve the right, upon review of any amicus curiae,,s brief, to seek leave to respond thereto, whether through additional pages for Plaintiffs forthcoming summary judgment submissions, or through a separate submission. Respectfully submitted, BILL MCCOLLUM ATTORNEY GENERAL OF FLORIDA /s/ Blaine H. Winship Blaine H. Winship (Fla. Bar No. 0356913) Special Counsel Joseph W. Jacquot (Fla. Bar No. 189715) Deputy Attorney General 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: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff States 2

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: [phone] Facsimile: [phone] 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: [phone] Facsimile: [phone] Email: [e-mail] 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: [phone] Facsimile: [phone] Of counsel for Plaintiff National Federation of Independent Business 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: [phone] Facsimile: [phone] Email: [e-mail] Attorneys for Plaintiff the State of Texas

CERTIFICATE OF SERVICE I hereby certify that, on this 8th day of November, 2010, a copy of the foregoing Plaintiffs Statement of Position on Motions for Leave to File Briefs As Amici Curiae was served on counsel of record for all Defendants through the Courts Notice of Electronic Filing system. /s/ Blaine H. Winship Blaine H. Winship Special Counsel

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