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2024 Supreme(US)(ca11) 190

COURT OF APPEALS FOR THE ELEVENTH CIRCUIT
Purpose Built Families Foundation Inc. – Appellant
Versus
USA – Respondent



[PUBLISH] In the United States Court of Appeals For the Eleventh Circuit ____________________

No. 22-14057 ____________________

PURPOSE BUILT FAMILIES FOUNDATION, INC., Plaintiff-Appellant, versus UNITED STATES OF AMERICA, SECRETARY OF VETERANS AFFAIRS, Defendants-Appellees.

____________________

Appeal from the United States District Court for the Southern District of Florida D.C. Docket No. 0:22-cv-60938-MGC ____________________

Before WILLIAM PRYOR, Chief Judge, and JILL PRYOR and MARCUS, Circuit Judges. USCA11 Case: 22-14057 Document: 51-1 Date Filed: 03/13/2024 Page: 2 of 14

2 Opinion of the Court 22-14057

WILLIAM PRYOR, Chief Judge: This appeal requires us to decide whether the withdrawal of al- legedly unlawful notices to a federal grant recipient rendered moot the grantee’s claims for relief under the Administrative Procedure Act. See 5 U.S.C. §§ 701–706. Purpose Built Families Foundation is a Florida nonprofit and federal grantee that serves veterans and their families. In 2022, the Department of Veterans Affairs notified the Foundation that activities and payments under five grants would be terminated or withheld. The Foundation sued the Secre- tary of Veterans Affairs under the Act and received a temporary restraining order. The Department then withdrew the challenged notices, and the Secretary moved to dismiss the action as moot. The district court granted the motion. Because the Foundation’s claims are moot, we affirm. I. BACKGROUND Purpose Built Families Foundation is a Florida nonprofit that serves veterans and their families. The Foundation receives grants under the Federal Grant and Cooperative Agreement Act. See 31 U.S.C. §§ 6301–6309. The Department of Veterans Affairs provides these grants to reduce veteran homelessness in South Florida and provide other vital support services. The Foundation received three grants under the Department’s Supportive Services for Veteran Families program and two grants under its Grant and Per Diem program. In 2021, the Department conducted an onsite review or finan- cial audit of the Foundation’s management of the Supportive USCA11 Case: 22-14057 Document: 51-1 Date Filed: 03/13/2024 Page: 3 of 14

22-14057 Opinion of the Court 3

Services grants. The Department issued a report questioning cer- tain expenses that the Foundation had incurred. The report identi- fied “major fiscal mismanagement activities.” The Department also began reviewing the Foundation’s management of the Per Diem grants in March 2022. That review was set to continue on May 17, 2022. On May 11, 2022, the Department took adverse action in sepa- rate letters about the five grants that it had awarded the Founda- tion. One letter addressed the three Supportive Services grants. The other addressed the two Per Diem grants. The Supportive Services letter notified the Foundation that the Department would “terminate” the three grants “upon 7-days re- ceipt of this notice.” The letter cited the audit results, listed “major fiscal mismanagement” decisions b

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