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IN THE UNITED STATES DISTRICT COURT

FOR THE NORTHERN DISTRICT OF FLORIDA

PENSACOLA DIVISION

STATE OF FLORIDA, by and

through Bill McCollum, et al.,

Plaintiffs,

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

UNITED STATES DEPARTMENT OF

HEALTH AND HUMAN SERVICES,

et al.,

Defendants.

____________________________________/

FINAL SCHEDULING ORDER

A Rule 16 pre-trial scheduling conference was held in this matter today, April

14, 2010. Present were the attorneys for the plaintiffs: Blaine H. Winship, Florida

Attorney’s General Office; Joseph W. Jacquot, Florida Attorney General’s Office;

Chesterfield Smith, Jr., Florida Attorney General’s Office; and David B. Rivkin, Jr.,

Baker & Hostetler; and attorneys for the defendants: Ian Gershengorn, Deputy

Assistant Attorney General, Civil Division; Brian Kennedy, Department of Justice

Civil Division’s Federal Programs Branch; Eric Beckenhauer, Department of Justice

Civil Division’s Federal Programs Branch; and Pamela Moine, Assistant United

States Attorney. Also appearing via telephone were the named plaintiffs or their

representatives for the states of Alabama, Arizona, Colorado, Florida, Indiana,

Michigan, Nebraska, Nevada, Pennsylvania, South Carolina, South Dakota, Texas,

Utah, Washington.

After discussion with the attorneys of record, and the court otherwise being

fully advised in the premises, it is hereby ORDERED:

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A. The following schedule and dates are hereby set and approved for pretrial proceedings in this case:

May 14, 2010 Plaintiffs’ date for filing an

amended complaint;

June 16, 2010 Defendants’ date for filing a

motion to dismiss;

August 6, 2010 Plaintiffs’ date for filing a brief

in opposition to the motion to

dismiss;

August 27, 2010 Defendants’ date for filing a

reply to Plaintiffs’ opposition

brief;

September 14, 2010 at 9:00 a.m. Oral argument on Defendants’

motion to dismiss.

The plaintiffs may, but they are not required to, file their motion for summary

judgment at or after the time they file their response in opposition to defendants’

motion to dismiss (August 6th). The plaintiffs’ motion for summary judgment, if filed

prior to resolution of the motion to dismiss, will be held in abeyance until the court

rules on the motion to dismiss. If this case survives dismissal, in whole or in part,

the defendants will then have forty (40) days from the date of the order ruling on

the motion to dismiss (or from the filing of the plaintiffs’ motion for summary

judgment, whichever is later) to respond to the motion for summary judgment. The

plaintiffs will have twenty-one (21) days to reply to that response. An oral

argument date will be set by the Court on the summary judgment motion once the

briefing dates become fixed. 

B. The briefing with regard to the motions described above will be limited

to fifty (50) pages for the initial and responsive briefs, and twenty-five (25) pages

for reply briefs.

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

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C. The deadline for joining parties will be the same date for the amended

complaint (May 14, 2010).

D. To the extent that any discovery may be required in this case, the

discovery deadline is September 14, 2010.

E. The parties are hereby excused from compliance with the initial

disclosure provisions under Rule 26, Federal Rules of Civil Procedure, and the other

reporting requirements under Rule 16 of those rules, as well as the corresponding

Local Rules, pending further Order from this Court.

 

DONE and ORDERED this 14th day of April, 2010.

/s/ Roger Vinson 

ROGER VINSON

Senior United States District Judge

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

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