Judge may not rule before July 1 (FL vs CDC)

[BlerkOne]

TAMPA, Fla. (WFLA) — Mediation in Florida’s lawsuit challenging the CDC’s authority over the cruise industry has ended in an impasse.

 

“Despite the party’s good faith and concerted efforts, the settlement discussions have concluded and the parties have reached an impasse,” U.S. Magistrate Judge Anthony Porcelli, the court-appointed mediator, wrote in federal filings.

 

Attorneys for both sides met with Porcelli five times since late May, when U.S. District Judge Steven Merryday first ordered the case into mediation.

[chengkp75]

1 minute ago, TNcruising02 said:

It sounds like the judge was just angry that he didn’t say it first. The judge said it wasn’t true and then he said they were at an impasse. 

So now even points of law are being politicized.

[BlerkOne]

3 minutes ago, TNcruising02 said:

Clearly the state of Florida knew they were at an impasse since the judge stated it so soon after he chewed out Florida. It’s obvious. 

Everybody knew mediation would be useless, but it is similar to announcing the winner of an election when the polls are still open. You don't do it. It was no accident Florida released an unauthorized statement.

[TNcruising02]

Just now, chengkp75 said:

So now even points of law are being politicized.

I didn’t say that. I said that the judge wanted to be the one to say they were at an impasse even though the state of Florida knew they were and said it first.

I do not expect the judge to rule in the state’s favor because cruising is going to start regardless of the CDC’s ridiculous requirements.  When the lawsuit was first filed, nothing was happening and cruising had been shut down for a year. The state of Florida was tired of the industry being shut down when it could open up like everything in law.

[MrMarc]

3 hours ago, Radiioman46 said:

He chews out Florida for saying the mediation is over, then he says it's over. Political BS in the extreme!

Actually the Judge didn't say it, the Mediator filed a document saying it.  The Mediator is the only one that can declare an impasse and the only one that can report it.  No one else is supposed to say anything about the mediation proceedings.  Period.  And even the Mediator only has 3 choices:  The case resolved, they declared an impasse, a party did not show up in good faith.  Judges will vigorously protect these rules because Mediation has taken 70% - 80% of cases off their docket.

[ray98]

At this point I am okay with a few week delay in cruising if it means the CDC can be put in check.

[MrMarc]

57 minutes ago, Sinbadssailors said:

Not true. The CDC is and was unpopular with supporters of the last administration. 

 

Their job has never been shutting down the economy, picking and choosing the winners and losers.  Until 2020.

 

Now they're not letting go of that power. And they've never liked cruising.

 

  So it's a win all around for the CDC.  No cruising and Republican governors get the blame.

 

Yes, pure politics. And the industry and everyone who relies on it suffers.

No disrespect intended, but given the number of people who would have to be making decisions based on "not liking cruises" or those other allegations, I think it is an impossibility that no one has come forward and made such claims in public.  I would agree that they did not consider economic factors in their recommendations, but they are not an economic agency.  Their responsibility is dealing with health issues (which is why I do not think their eviction moratorium will hold up).  What would have been amazing would have been if the health advisors could have consulted with the economic advisors in a real manner, but I believe that was prevented based on politics.   I have also wondered why people who refuse to take the vaccine because the CDC has not fully approved it also seem to believe the CDC is not authoritative, so I am willing to bet that once it is fully approved, the only thing that willl change is the excuse.

[ontheweb]

2 hours ago, MrMarc said:

Actually the Judge didn't say it, the Mediator filed a document saying it.  The Mediator is the only one that can declare an impasse and the only one that can report it.  No one else is supposed to say anything about the mediation proceedings.  Period.  And even the Mediator only has 3 choices:  The case resolved, they declared an impasse, a party did not show up in good faith.  Judges will vigorously protect these rules because Mediation has taken 70% - 80% of cases off their docket.

Agreeing with you again, get used to it.🤣

[ontheweb]

38 minutes ago, MrMarc said:

 I have also wondered why people who refuse to take the vaccine because the CDC has not fully approved it also seem to believe the CDC is not authoritative, so I am willing to bet that once it is fully approved, the only thing that willl change is the excuse.

Here you go, I will make things more normal for you and disagree. The CDC is not the agency that approves the vaccine. That is the job of the FDA.

[cscurlock]

All of this it pretty much going to be moot anyway.  By the time we get through appeals and maybe supreme court, all the ships will have done their trail voyages and be sailing.  So, not sure where we are going with this injunction.  Seems like a colossal waste of taxpayer money.    

[BlerkOne]

Carnival seems certain to sail vaccinated cruises from Port Canaveral, including on the new flagship. And that's all I've got to say about dat!

[kdr69]

18 hours ago, BlerkOne said:

per this

https://www.wfla.com/community/health/coronavirus/florida-vs-cdc-cruise-lawsuit-mediation-ends-at-an-impasse/

 

The impact of the delay means it’s unlikely Merryday will decide on Florida’s request for a preliminary injunction against the CDC, or the lawsuit itself, until at least July 1.

ooooh so now there actually is an impasse like what three days after the judge said there was no impasse?

[kdr69]

13 hours ago, BlerkOne said:

Let's not forget the CSO was issued last year and it wasn't until a new administration that some started being highly critical of the CDC actually doing their job. Or a lawsuit filed. Politics as usual.

My Criticality began the moment there was a decidedly unfair skew in the protocols and practices assigned to the Travel Industry as a whole not when someone took office over someone else. 

[kdr69]

8 hours ago, MrMarc said:

You are correct, sir. And it won't let me edit.  Embarrassing to go on a rant and use the wrong acronym. 

been there done that lol 

[TooManyWakeUpsTilWeSail]

15 hours ago, Sinbadssailors said:

 

I don't understand why no one sees that NOTHING was being done, up until this suit was filed.

It's like Stockholm Syndrome, defending the CDC that's held cruising hostage, but people are happy to blame those trying to rescue it.

It’s funny how you see it as nothing was being done to get cruising started when other states will go forward with cruising & abide by vaccination requirements.  
 

And your analogy to Stockholm Syndrome is pathetic.  I guess you think that politician’s intervention into a public health issue is also comparable to law enforcement putting their lives on the line to save hostages.  Using another stupid analogy: the hill you make your stand on isn’t suitable for ants.

Edited June 13, 2021 by TooManyWakeUpsTilWeSail

[harkinmr]

19 hours ago, Radiioman46 said:

He chews out Florida for saying the mediation is over, then he says it's over. Political BS in the extreme!

You have no idea what you are talking about. The court rules surrounding mediation strictly prohibit disclosure of any details regarding the mediation by the parties or their counsel. Any disclosure can be subject to sanctions by the court and legal counsel are subject to ethics violations. The ONLY person allowed to call an impasse and notify the court is the appointed mediator.  Florida stepped in it and the only “political BS” is that. 

[harkinmr]

19 hours ago, MrMarc said:

A couple of us tried very hard to nicely explain this yesterday, it won't work.

I don’t know if it’s just an inability to understand and absorb information or just good ole stubbornness and head in the sand.  Either way it’s not a good look. 

[harkinmr]

16 hours ago, TNcruising02 said:

 Yes, I noticed that too. Completely ridiculous and not surprising. 

Again from people who lack any understanding of the way court proceedings work. And the “politics” call is nonsense. You do know that this judge was appointed by George HW Bush? He is a Republican. But he is also a learned and respected jurist. But that means nothing to the pack of armchair legal experts amid the peanut gallery. 

[jimbo5544]

Where are the judge review sites?  He failed, was supposed to get it done and does not have guts to do just that.

Edited June 13, 2021 by jimbo5544

[harkinmr]

14 hours ago, MrMarc said:

No disrespect intended, but given the number of people who would have to be making decisions based on "not liking cruises" or those other allegations, I think it is an impossibility that no one has come forward and made such claims in public.  I would agree that they did not consider economic factors in their recommendations, but they are not an economic agency.  Their responsibility is dealing with health issues (which is why I do not think their eviction moratorium will hold up).  What would have been amazing would have been if the health advisors could have consulted with the economic advisors in a real manner, but I believe that was prevented based on politics.   I have also wondered why people who refuse to take the vaccine because the CDC has not fully approved it also seem to believe the CDC is not authoritative, so I am willing to bet that once it is fully approved, the only thing that willl change is the excuse.

BINGO!

[ontheweb]

1 hour ago, jimbo5544 said:

Where are the judge review sites?  He failed, was supposed to get it done and does not have guts to do just that.

Federal judges receive a LIFETIME  appointment. They either retire, die, or in extremely rare occurrences are impeached.

 

I do not know of any judge review sites, but even if they exist they would have no effect on a LIEFETIME appointee.

[TNcruising02]

The state thinks the strict mask mandates are unreasonable.  The judge questioned the CDC:
 

"The judge’s questions hinted at skepticism. The federal government has used past cruise outbreaks, such as on the Diamond Princess, to help craft the rules and understand how the virus spreads on board. Of the thousands of passengers on that ship, at least nine died, according to previous agency statements, though Powell said the true number was higher.

“On a vessel without precautions designed for COVID, without knowledge of COVID and without therapeutics ... two-tenths of one percent of passengers died?” Merryday asked.

He also said the Centers for Disease Control’s own research suggested masks’ effect on tamping down the spread was “barely statistically significant” in one community where the agency had done a study.

“Where does this mask efficacy theory come from?” Merryday said. “We’ve had masking and social distancing for a long time and we had a pandemic in the middle of it.”

http://www.virginislandsdailynews.com/ap/judge-grills-cdc-on-florida-cruise-restrictions-in-hearing-over-desantis-lawsuit/article_2402fd2e-d956-5f26-ae05-3ac3fd2a3807.html

[BlerkOne]

1 hour ago, harkinmr said:

Naturally. What else would you expect?  And I can easily predict that if injunctive relief is denied to Florida that the rallying cry will be “The fix is in! What total political BS!”.  They know no other response. 

Florida already failed. They were seeking immediate injunctive relief and got nothing but mediation and they failed at that. Despite being appointed by a republican, the judge seems to be grilling both sides and being apolitical.

 

 

[jsglow]

12 minutes ago, BlerkOne said:

Florida already failed. They were seeking immediate injunctive relief and got nothing but mediation and they failed at that. Despite being appointed by a republican, the judge seems to be grilling both sides and being apolitical.

 

 

The problem Blerk is that too many lay folks don't understand that the judge is (or at least should be) bound by the law.  Honestly, that's a very good thing.  What's the old saying?  You can file suit for anything.

[BlerkOne]

15 minutes ago, jsglow said:

The problem Blerk is that too many lay folks don't understand that the judge is (or at least should be) bound by the law.  Honestly, that's a very good thing.  What's the old saying?  You can file suit for anything.

Judges can be conservative, liberal, or in between, but should be qualified, and not influenced by politics or other noise. They can't make up or ignore the laws.

 

People do file suit for anything. The penalties should be greater for frivolous suits.