From: Williams, Stuart To: Cerio, Tim Cc: Stearns, Heather ; Gibson, Ben Subject: FW: Activity in Case 8:14-cv-01341-CEH-TBM State of Florida, Agency for Health Care Administration et al v. United States Department of Veterans Affairs et al Notice of voluntary dismissal Date: Wednesday, May 13, 2015 12:03:10 PM Attachments: Plaintiffs" Notice of Voluntary Dismissal.pdf FYI. From: [email protected] [mailto:[email protected]] Sent: Wednesday, May 13, 2015 11:32 AM To: [email protected]Subject: Activity in Case 8:14-cv-01341-CEH-TBM State of Florida, Agency for Health Care Administration et al v. United States Department of Veterans Affairs et al Notice of voluntary dismissal This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply. U.S. District Court Middle District of Florida Notice of Electronic Filing The following transaction was entered by Figlio, Erik on 5/13/2015 at 11:32 AM EDT and filed on 5/13/2015 Case Name: State of Florida, Agency for Health Care Administration et al v. United States Department of Veterans Affairs et al Case Number: 8:14-cv-01341-CEH-TBM Filer: Roland Dickerson Nancy Hall State of Florida, Agency for Health Care Administration Document Number: 38 Docket Text: NOTICE of voluntary dismissal by Roland Dickerson, Nancy Hall, State of Florida, Agency for Health Care Administration (Figlio, Erik) 8:14-cv-01341-CEH-TBM Notice has been electronically mailed to:
Transcript
From: Williams, StuartTo: Cerio, TimCc: Stearns, Heather; Gibson, BenSubject: FW: Activity in Case 8:14-cv-01341-CEH-TBM State of Florida, Agency for Health Care Administration et al v.
United States Department of Veterans Affairs et al Notice of voluntary dismissalDate: Wednesday, May 13, 2015 12:03:10 PMAttachments: Plaintiffs" Notice of Voluntary Dismissal.pdf
FYI. From: [email protected] [mailto:[email protected]] Sent: Wednesday, May 13, 2015 11:32 AMTo: [email protected]: Activity in Case 8:14-cv-01341-CEH-TBM State of Florida, Agency for Health Care Administration et al v. United States Department of Veterans Affairs et al Notice of voluntary dismissal
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.
U.S. District Court
Middle District of Florida
Notice of Electronic Filing
The following transaction was entered by Figlio, Erik on 5/13/2015 at 11:32 AM EDT and filed on 5/13/2015
Case Name: State of Florida, Agency for Health Care Administration et al v. United States Department of Veterans Affairs et al
Case Number: 8:14-cv-01341-CEH-TBM
Filer: Roland DickersonNancy HallState of Florida, Agency for Health Care Administration
Document Number: 38
Docket Text: NOTICE of voluntary dismissal by Roland Dickerson, Nancy Hall, State of Florida, Agency for Health Care Administration (Figlio, Erik)
8:14-cv-01341-CEH-TBM Notice has been electronically mailed to:
IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION
STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, et al.
Plaintiffs, v. Case No. 8:14-cv-1341-CEH-TBM UNITED STATES DEPARTMENT OF VETERANS AFFAIRS, et al.
Defendants.
__________________________________/
PLAINTIFFS’ NOTICE OF VOLUNTARY DISMISSAL Plaintiffs State of Florida, Agency for Health Care Administration, Nancy Hall, and
Roland Dickerson, by and through their undersigned counsel, voluntarily dismiss this action
pursuant to Rule 41(a)(1)(A)(i) of the Federal Rules of Civil Procedure.
RESPECTFULLY SUBMITTED, AGENCY FOR HEALTH CARE ADMINISTRATION /s/Stuart F. Williams STUART F. WILLIAMS General Counsel Fla. Bar No. 670731 2727 Mahan Drive #3 Tallahassee, FL 32308 (850) 412- 3630 [email protected] Attorney for Plaintiff State of Florida, Agency for Health Care Administration
NANCY HALL AND ROLAND DICKERSON /s/Erik M. Figlio ROBERT N. CLARKE, JR. Fla. Bar No. 0592900 ERIK M. FIGLIO Florida Bar No. 0745251 ANTHONY L. BAJOCZKY, JR. Florida Bar No. 0096631 Ausley & McMullen, P.A. Post Office Box 391 Tallahassee, FL 32301 (850) 224-9115 [email protected][email protected][email protected] Attorneys for Plaintiffs Nancy Hall and Roland Dickerson
Case 8:14-cv-01341-CEH-TBM Document 38 Filed 05/13/15 Page 1 of 2 PageID 243
2
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing has been furnished
electronically to the following this 13th day of May, 2015:
Kyle R. Freeny U.S. Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, DC 20001 [email protected] /s/Erik M. Figlio Attorney
Case 8:14-cv-01341-CEH-TBM Document 38 Filed 05/13/15 Page 2 of 2 PageID 244
From: Stearns, HeatherTo: Cerio, Tim; Gibson, BenSubject: FW: Activity in Case 8:14-cv-01341-CEH-TBM State of Florida, Agency for Health Care Administration et al v.
United States Department of Veterans Affairs et al Notice (Other)Date: Monday, May 11, 2015 4:35:59 PMAttachments: show temp.pdf
FYI Heather L. StearnsDeputy General CounselExecutive Office of Governor Rick ScottThe Capitol, Suite 209Tallahassee, Florida 32399Phone: (850) 717-9310Fax: (850) 488-9810
From: Williams, Stuart [mailto:[email protected]] Sent: Monday, May 11, 2015 4:33 PMTo: Stearns, HeatherSubject: FW: Activity in Case 8:14-cv-01341-CEH-TBM State of Florida, Agency for Health Care Administration et al v. United States Department of Veterans Affairs et al Notice (Other) FYI From: cmecf flmd [email protected] [mailto:cmecf flmd [email protected]] Sent: Monday, May 11, 2015 4:28 PMTo: [email protected]: Activity in Case 8:14-cv-01341-CEH-TBM State of Florida, Agency for Health Care Administration et al v. United States Department of Veterans Affairs et al Notice (Other)
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.
U.S. District Court
Middle District of Florida
Notice of Electronic Filing
The following transaction was entered by Freeny, Kyle on 5/11/2015 at 4:27 PM EDT and filed on 5/11/2015
Case Name: State of Florida, Agency for Health Care Administration et al v. United States Department of Veterans Affairs et al
Case Number: 8:14-cv-01341-CEH-TBM
Filer: Sloan GibsonUnited States Department of Veterans Affairs
Document Number: 37
Docket Text: NOTICE by Sloan Gibson, United States Department of Veterans Affairs re [15] MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction (Freeny, Kyle)
8:14-cv-01341-CEH-TBM Notice has been electronically mailed to:
UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION __________________________________________ ) STATE OF FLORIDA, AGENCY FOR ) HEALTH CARE ADMINISTRATION, et al. ) ) Plaintiffs, ) ) No. 8:14cv1341 v. ) ) UNITED STATES DEPARTMENT OF ) VETERANS AFFAIRS, et al. ) ) Defendants. ) __________________________________________)
NOTICE TO THE COURT
Defendants the Department of Veterans Affairs (“VA” or “Department”) and Robert A.
McDonald, the Secretary of Veterans Affairs (“the Secretary”), submit this Notice in accordance
with Local Rule 3.01(h), which directs a movant to notify the Court in the event that a
dispositive motion has not been decided within one hundred and eighty (180) days of the
responsive filing. Defendants moved to dismiss this case for lack of subject matter jurisdiction
and for failure to state claim on October 20, 2014 (ECF No. 15), and Plaintiffs filed a responsive
brief on November 3, 2014 (ECF No. 16), triggering the one hundred eighty day period set forth
in Local Rule 3.01(h). Subsequently, Defendants filed a reply on November 26, 2014 (ECF No.
19). Defendants’ Motion to Dismiss remains pending.1
1 On January 6, 2015, the Court issued a Show Cause Order, directing Plaintiffs to demonstrate why the matter should not be dismissed for lack of Article III standing (ECF No. 25). That matter also remains pending.
-1-
Case 8:14-cv-01341-CEH-TBM Document 37 Filed 05/11/15 Page 1 of 3 PageID 240
Dated: May 11, 2015 Respectfully submitted,
BENJAMIN C. MIZER Principal Deputy Assistant Attorney General A. LEE BENTLEY, III United States Attorney JUDRY L. SUBAR Assistant Branch Director s/ Kyle R. Freeny_____________ KYLE R. FREENY (Cal. Bar No. 247857) Trial Attorneys U.S. Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, DC 20001 Tel: (202) 514-5108 (Freeny) Fax: (202) 616-8470 Email: [email protected] Attorneys for Defendants
-2-
Case 8:14-cv-01341-CEH-TBM Document 37 Filed 05/11/15 Page 2 of 3 PageID 241
CERTIFICATE OF SERVICE I hereby certify that on March 11, 2015, I electronically filed the foregoing Notice with the Clerk of the Court by using the CM/ECF system, which will deliver electronic copies to the following individuals via the District’s ECF system:
s/ Kyle R. Freeny_____________ KYLE R. FREENY Cal. Bar No. 247857 Attorney for Defendants U.S. Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, DC 20001 Tel: (202) 514-5108 Fax: (202) 616-8470 Email: [email protected]
Case 8:14-cv-01341-CEH-TBM Document 37 Filed 05/11/15 Page 3 of 3 PageID 242
From: Williams, StuartTo: Cerio, TimCc: Stearns, Heather; Gibson, BenSubject: FW: Activity in Case 8:14-cv-01341-CEH-TBM State of Florida, Agency for Health Care Administration et al v.
United States Department of Veterans Affairs et al Order dismissing caseDate: Wednesday, May 13, 2015 2:25:06 PMAttachments: Order Dismissing Case.pdf
FYI From: [email protected] [mailto:[email protected]] Sent: Wednesday, May 13, 2015 2:09 PMTo: [email protected]: Activity in Case 8:14-cv-01341-CEH-TBM State of Florida, Agency for Health Care Administration et al v. United States Department of Veterans Affairs et al Order dismissing case
This is an automatic e-mail message generated by the CM/ECF system. Please DO NOT RESPOND to this e-mail because the mail box is unattended. ***NOTE TO PUBLIC ACCESS USERS*** Judicial Conference of the United States policy permits attorneys of record and parties in a case (including pro se litigants) to receive one free electronic copy of all documents filed electronically, if receipt is required by law or directed by the filer. PACER access fees apply to all other users. To avoid later charges, download a copy of each document during this first viewing. However, if the referenced document is a transcript, the free copy and 30 page limit do not apply.
U.S. District Court
Middle District of Florida
Notice of Electronic Filing
The following transaction was entered on 5/13/2015 at 2:08 PM EDT and filed on 5/13/2015
Case Name: State of Florida, Agency for Health Care Administration et al v. United States Department of Veterans Affairs et al
Case Number: 8:14-cv-01341-CEH-TBM
Filer:Document Number: 40
Docket Text: ORDER dismissing case. The Clerk is directed to terminate any pending motions and deadlines and CLOSE this case. Signed by Judge Charlene Edwards Honeywell on 5/13/2015. (BGS)
8:14-cv-01341-CEH-TBM Notice has been electronically mailed to:
UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA
TAMPA DIVISION STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, NANCY HALL and ROLAND DICKERSON, Plaintiffs, v. Case No: 8:14-cv-1341-T-36TBM UNITED STATES DEPARTMENT OF VETERANS AFFAIRS and SLOAN GIBSON, Defendants. ___________________________________/
O R D E R
Before the Court is the Plaintiffs' Notice of Voluntary Dismissal (Doc. 38). In accord with
the Plaintiffs' Notice of Voluntary Dismissal, it is ORDERED AND ADJUDGED as follows:
1) The Plaintiffs' Notice of Voluntary Dismissal is APPROVED (Doc. 38).
2) This cause is dismissed.
3) The Clerk is directed to terminate any pending motions and deadlines and CLOSE
this case.
DONE AND ORDERED in Tampa, Florida on May 13, 2015.
COPIES FURNISHED TO: Counsel of Record
Case 8:14-cv-01341-CEH-TBM Document 40 Filed 05/13/15 Page 1 of 1 PageID 245
From: Stearns, HeatherTo: Cerio, TimSubject: FW: Letter to from Secretary McDonald to Governor ScottDate: Friday, May 08, 2015 3:28:55 PMAttachments: Ltr to Gov Scott.pdf
Heather L. StearnsDeputy General CounselExecutive Office of Governor Rick ScottThe Capitol, Suite 209Tallahassee, Florida 32399Phone: (850) 717-9310Fax: (850) 488-9810
From: Williams, Stuart [mailto:[email protected]] Sent: Wednesday, May 06, 2015 5:05 PMTo: Stearns, Heather; Cerio, TimCc: '[email protected]'Subject: FW: Letter to from Secretary McDonald to Governor Scott FYI.
From: Freeny, Kyle (CIV) [mailto:[email protected]] Sent: Wednesday, May 06, 2015 4:58 PMTo: Williams, Stuart; Rick Figlio ([email protected])Subject: Letter to from Secretary McDonald to Governor Scott As promised, attached is a letter from the Secretary to Governor Scott, which – though not specifically directed toward the pending litigation brought by your clients – follows up on an earlier conversation about VA care in Florida that I understand was at least in part an outgrowth of this litigation. Kyle R. Freeny | Department of Justice, Federal Programs Branch(202) 514-5108 (phone) | (202) 616-8470 (fax)[email protected]
