Posted on 10/26/2021 2:24:44 PM PDT by ducttape45
Liberty Counsel recently filed a class action lawsuit along with a motion for a temporary restraining order and injunction against Joseph R. Biden, U.S. Secretary of the Department of Defense and U.S. Secretary of the Department of Homeland Security on behalf of members from all five branches of the military, federal employees and federal civilian contractors, who have been unlawfully mandated to get the COVID shots or face dishonorable discharge from the military or termination from employment. The preliminary injunction hearing will be on Monday, November 15 at 9 a.m., in the Middle District Court of Florida.
Please review the entire article for more information.
Update from Liberty Counsel
The date is too late!
Btw, title says 22nd but hearing is on the 15th.
Judge needs to rule immediately. Lots of people are facings up coming deadlines.
The plaintiffs should have filed an ex parte motion to shorten time.
Immediately yes. But even if ruled immediately on the 15th the damage will already be done. They need to push this fwd on the schedule.
“The plaintiffs should have filed an ex parte motion to shorten time.“
Is there any other way they can get this moved forward or provide relief for those affected?
File an ex parte motion to shorten time. See Local rules where the preliminary injunction was filed.
e) EMERGENCY OR TIME-SENSITIVE MOTION. If a party moves for emergency or time-sensitive relief, the title of the motion must include “emergency” or “time-sensitive,” and the motion must include an introductory paragraph that explains the nature of the exigency and states the day by which a ruling is requested. The unwarranted designation of a motion as an emergency can result in a sanction.
Middle Dist of Florida Local Rule 3.01 (e)
Also see FRCP 65 especially (b); Middle Dist Florida Local Rule 6.01 & 6.02
I’ve filed numerous OSTs which are generally granted. Focus on exigency and irreparable harm.
Title Judge Duty station Born Term of service Chief judge Appointed by
21 District Judge Steven Douglas Merryday Tampa 1950 1992–present 2015–2020 G.H.W. Bush
33 District Judge Mary Stenson Scriven Tampa 1962 2008–present — — G.W. Bush
34 District Judge Charlene Honeywell Tampa 1957 2009–present — — Obama
40 District Judge William F. Jung Tampa 1958 2018–present — — Trump
41 District Judge Thomas P. Barber Tampa 1966 2019–present — — Trump
44 District Judge Kathryn Kimball Mizelle Tampa 1987 2020–present — — TrumpOne Odiousbama judge in the mix, two Bush judges [unknown if they're squishes].
If it was a Trump order the injunction would be issued already.
Thank you for the ping, this is excellent news.
Ok so that can be filed at any time, got it. Let us hope they do so quickly
Not sure if this counts, but in the brief.
“United States Navy and United States Marine Corps servicemembers have until November 28 to become fully vaccinated. United States Army and United States Air Force servicemembers have until December 15. United States Coast Guard servicemembers have until November 22. And civilian federal employees and contractors have until November 22. These are the terminal dates after which discipline will unquestionably be imposed, but the effective due date for the one- dose Johnson and Johnson (J&J) shot is earlier, and earlier still for the first of two Pfizer or Moderna shots. Missing the earlier due dates will necessarily result in discipline at the terminal dates. Moreover, the pressure and abuse are intense, and disciplinary actions have already commenced for some. Relief is needed now to prevent these military heroes, federal employees, and federal contractors from facing punishments including dishonorable discharge, court martial, other life-altering disciplinary procedures, and termination.”
While Liberty Counsel does state dates it does not, in date format, tell when the drop dead date is which is two weeks before. They really should have stressed the two weeks before the drop dead date.
Just checked my companies mandate paperwork. First dose dates in order to comply:
Moderna 10/27
Pfizer. 11/3
JnJ. 11/24
So all those who are forced and pick moderna/Pfizer, they will be harmed before the hearing date.
I hear ya. We can only hope that the judge orders a stay, cuz if not, we could be screwed.
Hey Moderator, can you change the date in the title. My bad.
I would love to be able to attend that hearing.
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