U.S. District Court. Middle District of Florida

Transcription

1 From: Williams, Stuart To: Cerio, Tim Cc: Stearns, Heather; Gibson, Ben Subject: FW: Activity in Case 8:14-cv 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, :03:10 PM Attachments: Plaintiffs" Notice of Voluntary Dismissal.pdf FYI. From: Sent: Wednesday, May 13, :32 AM To: Subject: Activity in Case 8:14-cv 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 message generated by the CM/ECF system. Please DO NOT RESPOND to this 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. Notice of Electronic Filing U.S. District Court Middle District of Florida The following transaction was entered by Figlio, Erik on 5/13/2015 at 11:32 AM EDT and filed on 5/13/2015 State of Florida, Agency for Health Care Administration et al v. United States Case Name: Department of Veterans Affairs et al Case 8:14-cv CEH-TBM Number: Filer: Roland Dickerson Nancy Hall State of Florida, Agency for Health Care Administration Document 38 Number: Docket Text: NOTICE of voluntary dismissal by Roland Dickerson, Nancy Hall, State of Florida, Agency for Health Care Administration (Figlio, Erik) 8:14-cv CEH-TBM Notice has been electronically mailed to:

2 Anthony Lee Bajoczky, Jr Erik Figlio Kyle Renee Freeny Peter John Grilli Robert N. Clarke, Jr Stuart Fraser Williams 8:14-cv CEH-TBM Notice has been delivered by other means to: The following document(s) are associated with this transaction: Document description:main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfstamp_id= [Date=5/13/2015] [FileNumber= ] [9ad804e9845d9e8d2db61d85378c71533fed97886b67649d781242c1c487625bdd 96d13f6ad3dcde9fb8ba ccf80662a17cd076cb8ceb6dd0c08d949f1]]

3 Case 8:14-cv CEH-TBM Document 38 Filed 05/13/15 Page 1 of 2 PageID 243 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 Mahan Drive #3 Tallahassee, FL (850) stuart.williams@ahca.myflorida.com 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 ERIK M. FIGLIO Florida Bar No ANTHONY L. BAJOCZKY, JR. Florida Bar No Ausley & McMullen, P.A. Post Office Box 391 Tallahassee, FL (850) rclarke@ausley.com rfiglio@ausley.com tbajoczky@ausley.com Attorneys for Plaintiffs Nancy Hall and Roland Dickerson

4 Case 8:14-cv CEH-TBM Document 38 Filed 05/13/15 Page 2 of 2 PageID 244 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 Kyle.Freeny@usdoj.gov /s/erik M. Figlio Attorney 2

5 From: Stearns, Heather To: Cerio, Tim; Gibson, Ben Subject: FW: Activity in Case 8:14-cv 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, :35:59 PM Attachments: show temp.pdf FYI Heather L. Stearns Deputy General Counsel Executive Office of Governor Rick Scott The Capitol, Suite 209 Tallahassee, Florida Phone: (850) Fax: (850) From: Williams, Stuart Sent: Monday, May 11, :33 PM To: Stearns, Heather Subject: FW: Activity in Case 8:14-cv 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 [mailto:cmecf flmd Sent: Monday, May 11, :28 PM To: Subject: Activity in Case 8:14-cv 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 message generated by the CM/ECF system. Please DO NOT RESPOND to this 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

6 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 State of Florida, Agency for Health Care Administration et al v. United States Case Name: Department of Veterans Affairs et al Case 8:14-cv CEH-TBM Number: Filer: Sloan Gibson United States Department of Veterans Affairs Document 37 Number: 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 CEH-TBM Notice has been electronically mailed to: Anthony Lee Bajoczky, Jr tbajoczky@ausley.com, csullivan@ausley.com Erik Figlio rfiglio@ausley.com, atease@ausley.com Kyle Renee Freeny Peter John Grilli kyle.freeny@usdoj.gov meditr@aol.com, meditr1@aol.com Robert N. Clarke, Jr rclarke@ausley.com, mhunter@ausley.com Stuart Fraser Williams stuart.williams@ahca.myflorida.com, tammy.raley@ahca.myflorida.com 8:14-cv CEH-TBM Notice has been delivered by other means to: The following document(s) are associated with this transaction: Document description:main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfstamp_id= [Date=5/11/2015] [FileNumber= ] [6670a f3c7a974ee0b53e4fb1e3572cb86b607c7a6d5bd5d1933e076d6f 00bea4b9811d8214ac0c1e1bce8ff3f1f0b8b8f54f5e6c967b6cb f3]]

7 Case 8:14-cv CEH-TBM Document 37 Filed 05/11/15 Page 1 of 3 PageID 240 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-

8 Case 8:14-cv CEH-TBM Document 37 Filed 05/11/15 Page 2 of 3 PageID 241 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 ) Trial Attorneys U.S. Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, DC Tel: (202) (Freeny) Fax: (202) Kyle.Freeny@usdoj.gov Attorneys for Defendants -2-

9 Case 8:14-cv CEH-TBM Document 37 Filed 05/11/15 Page 3 of 3 PageID 242 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: Stuart Williams, Stuart.Williams@ahca.Myflorida.Com Erik Figlio, Rfiglio@ausley.Com Robert N. Clarke, Jr., Rclarke@ausley.Com Anthony Lee Bajoczky, Jr., Tbajoczky@ausley.Com s/ Kyle R. Freeny KYLE R. FREENY Cal. Bar No Attorney for Defendants U.S. Department of Justice, Civil Division Federal Programs Branch 20 Massachusetts Ave., N.W. Washington, DC Tel: (202) Fax: (202) Kyle.Freeny@usdoj.gov

10 From: Williams, Stuart To: Cerio, Tim Cc: Stearns, Heather; Gibson, Ben Subject: FW: Activity in Case 8:14-cv CEH-TBM State of Florida, Agency for Health Care Administration et al v. United States Department of Veterans Affairs et al Order dismissing case Date: Wednesday, May 13, :25:06 PM Attachments: Order Dismissing Case.pdf FYI From: Sent: Wednesday, May 13, :09 PM To: Subject: Activity in Case 8:14-cv 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 message generated by the CM/ECF system. Please DO NOT RESPOND to this 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. Notice of Electronic Filing U.S. District Court Middle District of Florida The following transaction was entered on 5/13/2015 at 2:08 PM EDT and filed on 5/13/2015 State of Florida, Agency for Health Care Administration et al v. United States Case Name: Department of Veterans Affairs et al Case 8:14-cv CEH-TBM Number: Filer: Document 40 Number: 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 CEH-TBM Notice has been electronically mailed to: Peter John Grilli meditr@aol.com, meditr1@aol.com

11 Robert N. Clarke, Jr Stuart Fraser Williams Anthony Lee Bajoczky, Jr Erik Figlio Kyle Renee Freeny 8:14-cv CEH-TBM Notice has been delivered by other means to: The following document(s) are associated with this transaction: Document description:main Document Original filename:n/a Electronic document Stamp: [STAMP dcecfstamp_id= [Date=5/13/2015] [FileNumber= ] [9113ea7f4a7af1e1b9fab145f2f c7e51ed9cf8a492a435f8d512c dccd48cf0dd94c de7e83ef1c4f2ac28b7b57148ffd02c69cbe4]]

12 Case 8:14-cv CEH-TBM Document 40 Filed 05/13/15 Page 1 of 1 PageID 245 STATE OF FLORIDA, AGENCY FOR HEALTH CARE ADMINISTRATION, NANCY HALL and ROLAND DICKERSON, Plaintiffs, UNITED STATES DISTRICT COURT MIDDLE DISTRICT OF FLORIDA TAMPA DIVISION v. Case No: 8:14-cv-1341-T-36TBM UNITED STATES DEPARTMENT OF VETERANS AFFAIRS and SLOAN GIBSON, Defendants. / ORDER 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: this case. 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 DONE AND ORDERED in Tampa, Florida on May 13, COPIES FURNISHED TO: Counsel of Record

13 From: To: Subject: Date: Attachments: Stearns, Heather Cerio, Tim FW: Letter to from Secretary McDonald to Governor Scott Friday, May 08, :28:55 PM Ltr to Gov Scott.pdf Heather L. Stearns Deputy General Counsel Executive Office of Governor Rick Scott The Capitol, Suite 209 Tallahassee, Florida Phone: (850) Fax: (850) From: Williams, Stuart Sent: Wednesday, May 06, :05 PM To: Stearns, Heather; Cerio, Tim Cc: Subject: FW: Letter to from Secretary McDonald to Governor Scott FYI. From: Freeny, Kyle (CIV) Sent: Wednesday, May 06, :58 PM To: Williams, Stuart; Rick Figlio 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) (phone) (202) (fax) Kyle.Freeny@usdoj.gov

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