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DeSantis files suit against Biden Admin and the CDC


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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.pdf
https://www.2150.com/files/cc/8_21-cv-00839-SDM-AAS/52_047123010614_OrderMediationAppearance.pdf


Florida v. HHS, CDC (2150.com)

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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?

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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.

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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?

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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

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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

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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.  

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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 .  

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