Brnovich v. Biden et al
| Arizona District Court | |
| Judge: | Michael T Liburdi |
| Case #: | 2:21-cv-01568 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:2201 Declaratory Judgment |
| Case Filed: | Sep 14, 2021 |
| Terminated: | Jan 09, 2024 |
| Case in other court: | Ninth Circuit, 22-15518 |
| Last checked: Sunday Mar 13, 2022 3:23 AM MST |
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Defendant
Mathew C Blum
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Defendant
Rochelle Walensky
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Defendant
United States of America
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Defendant
United States Department of Justice
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Defendant
John M Tenaglia
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Defendant
L Eric Patterson
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Defendant
James M Murray
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Defendant
Jeffrey A Koses
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Defendant
Karla S Jackson
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Defendant
Merrick Garland
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Defendant
Lesley A Field
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Defendant
Federal Acquisition Regulatory Council
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Defendant
Deanne Criswell
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Defendant
Centers for Disease Control and Prevention
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Defendant
Jeffrey Zients
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Defendant
Shalanda Young
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Defendant
United States Office of Personnel Management
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Defendant
Safer Federal Workforce Task Force
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Defendant
Office of Management and Budget
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Defendant
Troy Miller
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Defendant
Tae Johnson
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Defendant
Ur M Jaddou
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Defendant
General Services Administration
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Defendant
Robin Carnahan
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Defendant
Joseph R Biden
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Defendant
Alejandro Mayorkas
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Defendant
Kiran Ahuja
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Defendant
United States Department of Homeland Security
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Plaintiff
Mark Brnovich
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Plaintiff
Arizona, State of
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| TERMINATED PARTIES | |
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Defendant
Phoenix, City of
Terminated: 02/10/2022
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Plaintiff
Al Reble
Terminated: 02/10/2022
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Plaintiff
United Phoenix Firefighters Association Local 493
Terminated: 02/10/2022
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Plaintiff
Phoenix Law Enforcement Association
Terminated: 02/10/2022
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GPO
Jan 27 2022
ORDER: IT IS ORDERED granting Plaintiffs' Motion to Bifurcate Claims and Consolidate Trial on the Merits (Doc. 73). FURTHER ORDERED granting in part, and denying in part, Plaintiffs' Motion for Preliminary Injunction (Doc. 72), as set forth herein. IT IS FURTHER ORDERED that consistent with the terms of this Order, Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich shall submit a proposed form of injunction by no later than Tuesday, February 1, 2022. The proposed form of injunction shall detail the individuals and entities that are enjoined, the capacity in which they are enjoined, and the precise activities they are enjoined from engaging in. The proposed injunction must be specific enough to give Defendants notice as to exactly what comes within its scope. FINALLY ORDERED that Defendants may submit objections to Plaintiffs' proposed form of injunction by no later than Monday, February 7, 2022. The objections shall not repeat merits arguments and shall be limited to arguments that Plaintiffs' proposed form of injunction is inconsistent with the terms of this Order. Signed by Judge Michael T Liburdi on 1/27/22. (SJF) |
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GPO
Feb 10 2022
PERMANENT INJUNCTION - Pursuant to 28 U.S.C. § 2201 and Fed. R. Civ. P. 57, the Court declares that the vaccination requirement for federal contractors and subcontractors established pursuant to Executive Order 14042 (the "Contractor Mandate") exceeds the scope of the President's authority under the Federal Property and Administrative Services Act (the "Procurement Act"), 40 U.S.C. § 101 et seq. There being no just reason for delay, the Clerk of Court is directed to enter judgment, with prejudice, in favor of Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich, and against Federal Defendants, on Count I of Plaintiffs' Third Amended Complaint. Counts III and IV, as asserted by Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich, are dismissed as nonjusticiable, insofar as they seek tochallenge the vaccination requirement for federal employees established pursuant toExecutive Order 14043 (the Employee Mandate). There being no just reason for delay,the Clerk of Court is directed to enter judgment, without prejudice, against Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich, and in favor of Federal Defendants, on Counts III and IV of Plaintiffs Third Amended Complaint, insofar as those claims challenge the Employee Mandate. There being no just reason for delay, the Clerk of Court is directed to enter judgment, with prejudice, against Plaintiffs the State of Arizona and Arizona Attorney General Mark Brnovich, and in favor of Federal Defendants, on Counts II, III, IV, V, VI, VII, and VIII of Plaintiffs' Third Amended Complaint, insofar as those claims challenge the Contractor Mandate. All claims asserted by Plaintiff Al Reble are dismissed as nonjusticiable. There being no just reason for delay, the Clerk of Court is directed to enter judgment, without prejudice, against Plaintiff Reble, and to dismiss him from this action. There being no just reason for delay, the Clerk of Court is directed to enter judgment, with prejudice, against Plaintiffs the Phoenix Law Enforcement Association and United Phoenix Firefighters Association Local 493, and in favor of Defendant the City of Phoenix, on Counts I, IV, and VI of Plaintiffs Third Amended Complaint. The Clerk of Court is further directed to dismiss Plaintiffs the Phoenix Law Enforcement Association and United Phoenix Firefighters Association Local 493, and Defendant the City of Phoenix, from this action. Counts IXXIII of Plaintiffs' Third Amended Complaint (the "Immigration Counts") remain pending. Accordingly, the Clerk of Court shall not close the case at this time. (See document for further details). Dated this 10th day of February, 2022. Signed by Judge Michael T Liburdi on 2/10/2022. (LAD) |
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GPO
Apr 20 2022
ORDER IT IS ORDERED denying Defendants' Motion to Stay Pending the Supreme Courts Decision in Biden v. Texas (Doc. 175). IT IS FURTHER ORDERED that Defendants' Motion to Dismiss (Doc. 146) and Plaintiffs' Motion for Jurisdictional Discovery (Doc. 177) remain pending. See attached order for details. Signed by Judge Michael T Liburdi on 4/20/2022. (AO) |
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GPO
Sep 23 2022
ORDER - IT IS ORDERED granting in part and denying in part Defendants' Motion to Dismiss (Doc. 146) as follows: 1. the APA claims challenging a general mass parole policy asserted in Counts IX through XII are dismissed; 2. the constitutional claims asserted in Count XIII are dismissed with prejudice; 3. the vaccine Defendants are dismissed as to Counts IX through XIII; and 4. the Motion is denied in all other respects. (See document for full details). Signed by Judge Michael T Liburdi on 9/23/2022. (LAD) |
| Docket last updated: 05/09/2025 11:59 PM MST |
| Tuesday, January 09, 2024 | ||
| 266 | 266
order
Clerks Judgment
Tue 01/09 10:55 AM
CLERK'S JUDGMENT - IT IS ORDERED AND ADJUDGED that pursuant to the Court's Order filed January 9, 2024, judgment of dismissal is entered in favor of Defendants. Plaintiffs to take nothing, and the complaint and action are dismissed with prejudice. (CSL) |
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1
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order
Order
Tue 01/09 10:51 AM
ORDER: Pursuant to the mandate of the Court of Appeals (Doc.264 ), IT IS ORDERED that the Permanent Injunction and the Clerk's Judgment (Docs.165 and166 ) are VACATED. FURTHER ORDERED that all remaining claims are DISMISSED WITH PREJUDICE. IT IS FINALLY ORDERED that the Clerk of Court must enter a judgment of dismissal in Defendants' favor and close this case. Signed by Judge Michael T Liburdi on 1/8/2024. (CSL) |
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| Friday, January 05, 2024 | ||
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appeal
USCA Mandate
Fri 01/05 3:51 PM
MANDATE of USCA re:179 Notice of Appeal filed by Jeffrey Zients, Troy Miller, Ur M Jaddou, General Services Administration, John M Tenaglia, Mathew C Blum, Joseph R Biden, Tae Johnson, Office of Management and Budget, Jeffrey A Koses, Phoenix, City of, United States Department of Homeland Security, Deanne Criswell, Alejandro Mayorkas, United States Department of Justice, L Eric Patterson, Centers for Disease Control and Prevention, United States Office of Personnel Management, United States of America, Federal Acquisition Regulatory Council, Robin Carnahan, Safer Federal Workforce Task Force, Merrick Garland, Shalanda Young, Lesley A Field, Karla S Jackson, Rochelle Walensky, James M Murray, Kiran Ahuja. IT IS ORDERED, the opinion of this court, 67 F.4th 921, is vacated as moot and this appeal is dismissed; and this case is remanded with instructions to vacate the portion of the orders on appeal addressing all claims based on the Contractor Mandate.(BAC) |
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Att: 1
7 pgs
Order
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