Navis Posted May 6, 2021 #226 Share Posted May 6, 2021 5 minutes ago, hoops71 said: Sounds like we might have had the same Con Law professor! 😆 Haha, perhaps. 😀 Link to comment Share on other sites More sharing options...
dswallow Posted May 18, 2021 #227 Share Posted May 18, 2021 ORDER appointing Joseph H. Varner III as mediator; designating James H. Percival as lead counsel; setting JUNE 1, 2021 as the mediation deadline; directing counsel to file a notice within two days giving the date and time of mediation. The notice of mediation is due May 20, 2021. Signed by Judge Steven D. Merryday on 5/18/2021.https://www.2150.com/files/cc/8_21-cv-00839-SDM-AAS/51_047123010546_OrderAppointingMediator.pdfhttps://www.2150.com/files/cc/8_21-cv-00839-SDM-AAS/52_047123010614_OrderMediationAppearance.pdf Florida v. HHS, CDC (2150.com) 2 Link to comment Share on other sites More sharing options...
Stallion Posted May 18, 2021 #228 Share Posted May 18, 2021 This Mediation Order seems specific to this case because it requires mediation before June 1 which is just 12 days away. That's unusual. If it was a general form mediation referral the mediation date deadline wouldn't be so soon. Although the Judge does not participate in the Mediation it would appear that he is not likely to rule on the Preliminary Injunction until after June 1 mediation report from mediator. Is this a "pocket veto" of the Preliminary Injunction? Link to comment Share on other sites More sharing options...
Rare At Sea At Peace Posted May 18, 2021 #229 Share Posted May 18, 2021 1 hour ago, Stallion said: This Mediation Order seems specific to this case because it requires mediation before June 1 which is just 12 days away. That's unusual. If it was a general form mediation referral the mediation date deadline wouldn't be so soon. Although the Judge does not participate in the Mediation it would appear that he is not likely to rule on the Preliminary Injunction until after June 1 mediation report from mediator. Is this a "pocket veto" of the Preliminary Injunction? I don't believe so. IMO, he gives them 12 days (agree with you, wicked short) to come to an agreement, probably noting all that has changed regarding vaccinated citizens, mask mandates and social distancing from the CDC and the states, in hopes that they can make an updated workable situation. If they can't come to an agreement, he'll rule then. Link to comment Share on other sites More sharing options...
oteixeira Posted May 18, 2021 #230 Share Posted May 18, 2021 14 minutes ago, At Sea At Peace said: I don't believe so. IMO, he gives them 12 days (agree with you, wicked short) to come to an agreement, probably noting all that has changed regarding vaccinated citizens, mask mandates and social distancing from the CDC and the states, in hopes that they can make an updated workable situation. If they can't come to an agreement, he'll rule then. These feels like a "Dont make me rule on this" moment. He basically sent the kids to their room and locked the door saying "you wont be let out until you make up". It is basically the judge saying he doesn't want to have to make a ruling, right? 3 Link to comment Share on other sites More sharing options...
Rare Laszlo Posted May 18, 2021 #231 Share Posted May 18, 2021 11 minutes ago, oteixeira said: These feels like a "Dont make me rule on this" moment. He basically sent the kids to their room and locked the door saying "you wont be let out until you make up". It is basically the judge saying he doesn't want to have to make a ruling, right? The judge has a job to do, he might not want to do it but it needs to be done 1 Link to comment Share on other sites More sharing options...
Stallion Posted May 18, 2021 #232 Share Posted May 18, 2021 Its very common in TRO/Injunction hearings-often followed in a Court by an admonition to one or both parties that they need to get this settled Link to comment Share on other sites More sharing options...
CaptainWoody Posted May 19, 2021 #233 Share Posted May 19, 2021 I saw this earlier. I believe that both sides are being very unreasonable with some aspects of what is going on. If I were a judge, I would be tempted to take the same approach. Since it's not binding arbitration, than nothing may come of it. It actually is an opportunity for compromise, without either side losing face. That said, I don't know how the governor can just suddenly agree to the vaccination requirement without looking weak. That said, I am SO glad that NCL reopened the Alaska fall sailings. That was our original plan (which NCL cancelled) so we were planning to sail out of Miami in October as a Plan B. We've now switched back, and I highly doubt that we're going to get any of this foolishness from either Washington state or AK. Link to comment Share on other sites More sharing options...
Rare richstowe Posted May 19, 2021 #234 Share Posted May 19, 2021 15 hours ago, Stallion said: Its very common in TRO/Injunction hearings-often followed in a Court by an admonition to one or both parties that they need to get this settled Exactly . It would be a mistake to believe that this is such a "hard" case for the judge . It is standard operating procedure . Link to comment Share on other sites More sharing options...
dswallow Posted May 19, 2021 #235 Share Posted May 19, 2021 Florida has filed their reply to the government's memorandum of opposition to Florida's Motion for Preliminary Injunction. 56_047123018706_FloridasReplyInSupportOfMotion.pdf (2150.com)Florida v. HHS, CDC (2150.com) Link to comment Share on other sites More sharing options...
dswallow Posted May 20, 2021 #236 Share Posted May 20, 2021 The Government filed a Memorandum in opposition to Motion to Intervene by State of Texas. https://www.2150.com/files/cc/8_21-cv-00839-SDM-AAS/57_047023018903_MemorandumOfLawInOppositionToTexas.pdfhttps://www.2150.com/files/cc/8_21-cv-00839-SDM-AAS/57-1_047123018904_ExhibitGalveston.pdf Florida v. HHS, CDC (2150.com) Link to comment Share on other sites More sharing options...
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