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
  Discretionary Court Decision Date:
Questions Presented

DateProceedings and Orders
Mar 09 2021Petition for a writ of certiorari filed. (Response due April 12, 2021)
PetitionAppendixCertificate of Word CountProof of Service
Mar 24 2021Motion to extend the time to file a response from April 12, 2021 to May 27, 2021, submitted to The Clerk.
Main Document
Mar 25 2021Motion to extend the time to file a response is granted and the time is extended to and including May 27, 2021.
May 20 2021Motion to extend the time to file a response from May 27, 2021 to July 26, 2021, submitted to The Clerk.
Main Document
May 20 2021Response to motion from petitioner Gianinna Gallardo filed.
Main Document
May 21 2021Motion 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 2021Letter waiving the 14-day waiting period for the filing of a reply pursuant to Rule 15.5 filed.
Main Document
Jun 01 2021Response to petition from respondent Simone Marstiller filed.
Main DocumentProof of ServiceOther
Jun 07 2021Reply of petitioner Gianinna Gallardo filed. (Distributed)
Main DocumentCertificate of Word CountProof of Service
Jun 08 2021DISTRIBUTED for Conference of 6/24/2021.
Jul 01 2021DISTRIBUTED for Conference of 7/1/2021.
Jul 02 2021Petition GRANTED.
Jul 23 2021Motion for an extension of time to file the briefs on the merits filed.
Main Document
Jul 28 2021Motion 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 2021Brief of petitioner Gianinna Gallardo filed.
Main DocumentCertificate of Word CountProof of Service
Sep 15 2021Joint appendix filed. (Statement of costs filed)
Main DocumentProof of Service
Sep 22 2021Brief amicus curiae of United States filed.
Proof of ServiceMain Document
Sep 22 2021Brief amici curiae of American Association for Justice and Florida Justice Association filed.
Main DocumentCertificate of Word CountProof of Service
Sep 22 2021Brief 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 2021Brief of respondent Simone Marstiller filed.
Main DocumentCertificate of Word CountProof of Service
Nov 17 2021ARGUMENT SET FOR Monday, January 10, 2022.
Nov 17 2021Record requested from the U.S.C.A. 11th Circuit
Nov 18 2021Motion 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 2021Brief amici curiae of National Conference of State Legislatures, National League of Cities, U.S. Conference of Mayors, Government Finance Officers Association filed.
Main DocumentCertificate of Word CountProof of Service
Nov 22 2021Amicus brief of States of Utah, Ohio, and 12 Other States submitted.
Main DocumentCertificate of Word CountProof of Service

NAMEADDRESSPHONE
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 IIFlorida 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