| No. 20-1263 | |
| Title: | Gianinna Gallardo, an Incapacitated Person, By and Through Her Parents and Co-Guardians Pilar Vassallo and Walter Gallardo, Petitioner v. Simone Marstiller, In Her Official Capacity as Secretary of the Florida Agency for Health Care Administration |
| Docketed: | March 11, 2021 |
| Lower Ct: | United States Court of Appeals for the Eleventh Circuit |
| Case Numbers: | (17-13693) |
| Decision Date: | June 26, 2020 |
| Rehearing Denied: | October 20, 2020 |
| Questions Presented | |
| Date | Proceedings and Orders |
| Mar 09 2021 | Petition for a writ of certiorari filed. (Response due April 12, 2021) |
| PetitionAppendixCertificate of Word CountProof of Service | |
| Mar 24 2021 | Motion to extend the time to file a response from April 12, 2021 to May 27, 2021, submitted to The Clerk. |
| Main Document | |
| Mar 25 2021 | Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2021. |
| May 20 2021 | Motion to extend the time to file a response from May 27, 2021 to July 26, 2021, submitted to The Clerk. |
| Main Document | |
| May 20 2021 | Response to motion from petitioner Gianinna Gallardo filed. |
| Main Document | |
| May 21 2021 | Motion to extend the time to file a response is granted in part and the time is extended to and including June 1, 2021. |
| May 25 2021 | Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed. |
| Main Document | |
| Jun 01 2021 | Response to petition from respondent Simone Marstiller filed. |
| Main DocumentProof of ServiceOther | |
| Jun 07 2021 | Reply of petitioner Gianinna Gallardo filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jun 08 2021 | DISTRIBUTED for Conference of 6/24/2021. |
| Jul 01 2021 | DISTRIBUTED for Conference of 7/1/2021. |
| Jul 02 2021 | Petition GRANTED. |
| Jul 23 2021 | Motion for an extension of time to file the briefs on the merits filed. |
| Main Document | |
| Jul 28 2021 | Motion to extend the time to file the briefs on the merits granted. The time to file the joint appendix and petitioner's brief on the merits is extended to and including September 15, 2021. The time to file respondent's brief on the merits is extended to and including November 15, 2021. |
| Sep 15 2021 | Brief of petitioner Gianinna Gallardo filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 15 2021 | Joint appendix filed. (Statement of costs filed) |
| Main DocumentProof of Service | |
| Sep 22 2021 | Brief amicus curiae of United States filed. |
| Proof of ServiceMain Document | |
| Sep 22 2021 | Brief amici curiae of American Association for Justice and Florida Justice Association filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Sep 22 2021 | Brief amicus curiae of American Academy of Physician Life Care Planners in Support of Neither Party filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 15 2021 | Brief of respondent Simone Marstiller filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 17 2021 | ARGUMENT SET FOR Monday, January 10, 2022. |
| Nov 17 2021 | Record requested from the U.S.C.A. 11th Circuit |
| Nov 17 2021 | The record from the 11th Circuit is electronic and located on Pacer. |
| Nov 18 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument filed. |
| Proof of ServiceMain Document | |
| Nov 22 2021 | Brief amici curiae of National Conference of State Legislatures, et al. filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Nov 22 2021 | Brief amici curiae of States of Utah, Ohio, and 12 Other States filed. |
| Main DocumentCertificate of Word CountProof of Service | |
| Dec 06 2021 | Motion of the Solicitor General for leave to participate in oral argument as amicus curiae, for divided argument, and for enlargement of time for oral argument GRANTED. |
| Dec 08 2021 | CIRCULATED |
| Dec 15 2021 | Reply of petitioner Gianinna Gallardo filed. (Distributed) |
| Main DocumentCertificate of Word CountProof of Service | |
| Jan 10 2022 | Argued. For petitioner: Bryan S. Gowdy, Jacksonville, Fla.; and Vivek Suri, Assistant to the Solicitor General, Department of Justice, Washington, D. C. (for United States, as amicus curiae.) For respondent: Henry C. Whitaker, Solicitor General, Tallahassee, Fla. |
| Jun 06 2022 | Adjudged to be AFFIRMED. Thomas, J., delivered the opinion of the Court, in which Roberts, C. J., and Alito, Kagan, Gorsuch, Kavanaugh and Barrett, JJ., joined. Sotomayor, J., filed dissenting opinion in which, Breyer, J., joined. |
| Jul 08 2022 | JUDGMENT ISSUED |
| NAME | ADDRESS | PHONE |
| Attorneys for Petitioner | ||
| Bryan S. Gowdy Counsel of Record | Creed & Gowdy, P.A. 865 May Street Jacksonville, FL 32204 bgowdy@appellate-firm.com | 9043500075 |
| Party name: Gianinna Gallardo | ||
| Attorneys for Respondent | ||
| Henry Charles Whitaker Counsel of Record | Florida Office of the Attorney General PL-01 The Capitol Tallahassee, FL 32399-1050 henry.whitaker@myfloridalegal.com | 8504143300 |
| Party name: Simone Marstiller | ||
| James Hamilton Percival II | Florida Attorney General's Office PL-01, The Capitol Tallahassee, FL 32312 james.percival@myfloridalegal.com | 850-414-3684 |
| Party name: Simone Marstiller | ||
| Other | ||
| Courtney Brewer Counsel of Record | Bishop & Mills, PLLC 325 North Calhoun Street Tallahassee, FL 32311 cbrewer@mills-appeals.com | 850-765-0897 |
| Party name: American Academy of Physician Life Care Planners | ||
| Christopher Egleson Counsel of Record | Sidley Austin LLP 555 West Fifth Street Los Angeles, CA 90013 cegleson@sidley.com | (213) 896-6108 |
| Party name: National Conference of State Legislatures, National League of Cities, U.S. Conference of Mayors, Government Finance Officers Association | ||
| Melissa Ann Holyoak Counsel of Record | 350 N. State Street, Suite 230 Salt Lake City, UT 84114 melissaholyoak@agutah.gov | (801) 538-9600 |
| Party name: States of Utah, Ohio, and 12 Other States | ||
| Celene Harrell Humphries Counsel of Record | Bannock Humphries & Berman 1111 West Cass St., Suite 200 Tampa, FL 33606 chumphries@bhappeals.com | (813) 223-4300 |
| Party name: American Association for Justice and Florida Justice Association | ||
| Edwin Smiley Kneedler Counsel of Record | D.O.J. 10th & Constitution Ave Washington, DC 20530 Judith.L.Reardon-Bridges@usdoj.gov | 202-514-2217 |
| Party name: United States | ||