Dementia, Joe Biden, just does not understand the word ‘NO”. So the United States Court of Appeals for the sixth Circuit Court i Cincinnati, Ohio, told Joe Biden “NO”
On December 3 2021, and filed on December 3, 2021, a federal judge issued an order in response to a filing by the Biden Administration, OSHA.
On November 23, 2021, OSHA, under the direct control of Joe Biden, filed an Emergency Motion to Dissolve the Stay that was issued by the Fifth Circuit Court of Appeals and consolidated here Dkt 69. Given the Government’s pending motion to stay the agency’s ruling and related motions including Dkt, Entry Nos. 148,150,154,157,160,161,165,168,170,171,172,175,176,182,and 197 are hereby denied as “MOOT.”
A. Responses to Government’s Motion to Dissolve Dkt 69 and reply thereto
Per this Court’s November 23, 1021 Scheduling Order Dkt 141, responses to the Government motion to dissolve Dkt 69 may be filed no later than December 7, 2021.
Parties may choose to respond, pursuant to the instructions in the Initial Case Management Order Dkt8 by one of the following methods.
Filing a direct response to the government’s motion, limited to 5,200 words, and motion for leave to file an oversized response will not be entertained or:
Filing a notice of joinder in another filed response, specifying the joined document by its docket number in case 21-7000 or:
Filing a notice to adopt their previously filed notion for stay, specified by docket number in case 21-7000, to which the word limit designated in subsection (1) does not apply.
The government and the parties that joined in the Government’s motion may each file their own single merged reply that addresses all responses, which is due no later than December 10, 2021 and limited to 5,200 words.
B. Government’s motion to amend briefing schedule and set merits briefing Dkt 131
The court DENIES the government’s motion to amend the briefing schedule established in Dkt 141. The court reserves judgment on setting a merits briefing schedule. Finally, the court encourages the parties to consider the option noted above in A(2) and group their responses by joinder, but given practical considerations of the expedited proceedings, declines to set any requirements. We advise parties to continue to adhere to the briefing schedule set forth in Dkt. 141.
C. Motions to transfer Dkt95.213
The court hereby “DENIES” the motions to transfer the matter to the fifth Circuit Dkt 95 and the D.C. Circuit Dkt 213.
D. Motion to hold case in abeyance pending the outcome of initial en banc Dkt. 99.
The court “DENIES” the motion to hold the case ins abeyance pending the outcome of initial en banc. Parties are advised to continue to adhere to the briefing schedule set forth in Dkt 141.
E. Motions for leave to file Amicus briefs, Dkt 87,88,100,167,208,235,241,and 243.
Several parties Dkt 87,88,167,208 previously filed motions for leave to file an amicus curiae brief and or related motions regarding the initial motions for to stay. Because these motions for stay were herein denied as “MOOT” the above-referenced amicus motions are also “DENIED AS MOOT.”
Amici are advised that they may designate their previously filed amicus brief as their response to the government’s motion to dissolve the stay Dkt 69 by filing a notice adopting their initial amicus filing, such notice being filed in accordance with the schedule in Dkt 141 and the procedures in the initial case management order.
F. Motion to dismiss and reimburse filing fee Dkt 147.
The motion to dismiss is “GRANTED” and the party is “DISMISSED” without prejudice. The motion to reimburse filing fee is “DENIED.”
G. Motion to add an additional party Dkt 164.
The motion is “GANTED”, and IEC and IEC – F: will be added as petitioners.
H. Motions to intervene Dkt 174,234.
Intervention is “DENIED” The parties are advised that all circuit cases have been consolidated in 21-7000, where the parties may file directly for relief.
This was a major win for the freedom loving Americans. this case was the Case no. 21-7000, MCP no 165 OSHA COVID RULE originating Case no. OSHA-200-0007.
This was a direct attempt by the Joe Biden Lawlessness move to move the OSHA vaccine mandates to a more liberal courtroom, in essence, the illegal use of “Judge Shopping” in an attempt to force Americans to get the Vaccine shots against their will.