Wacko's Too, Inc. et al v. City of Jacksonville et al
Chelsea Gallagher, Rebecca Anderson, Maria D's Inc., Esfund, Inc., J.R. Lounge of Jax, Inc., Big B Ranch, Inc., Whites Place LLC, MHHS-Sinsations, LLC, Neva Clinkscale, Wacko's Too, Inc., MT Productions, Inc., Kassab Nightlife LLC, Patmilt, Inc., M & G Safar Inc., Bare Assets, Inc., Natalie Sanchez, Horton Enterprises, Inc., Maria D's Inc. a Florida corporation doing business as Bottomz Up, Big B Ranch, Inc. a Florida corporation doing business as Cocktails Showbar and Lounge, MT Productions, Inc. a Florida corporation doing business as Thee Officers Club, Kassab Nightlife LLC a Florida limited liability company doing business as Centerfold Lounge, Esfund, Inc. a Florida corporation doing business as Gold Rush, MHHS-Sinsations, LLC a Florida limited liability company doing business as Sinsations, J.R. Lounge of Jax, Inc. a Florida corporation doing business as SOS Lounge, Wacko's Too, Inc. a Florida corporation doing business as Wacko's, Whites Place LLC a Florida limited liability company doing business as Gold Club Jacksonville, M & G Safar Inc. a Florida coporation doing business as Gate's Gentleman's Club, Horton Enterprises, Inc. a Florida corporation doing business as The New Solid Gold and Patmilt, Inc. a Florida corporation doing business as Passions |
N. O. Archbold, City of Jacksonville and Mike Williams |
3:2020cv00303 |
March 25, 2020 |
US District Court for the Middle District of Florida |
Timothy J Corrigan |
Monte C Richardson |
Civil Rights: Other |
42 U.S.C. § 1983 |
Plaintiff |
Docket Report
This docket was last retrieved on February 27, 2023. A more recent docket listing may be available from PACER.
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Filing 40 PLAINTIFF'S BRIEF re #39 Order filed by Rebecca Anderson, Bare Assets, Inc., Big B Ranch, Inc., Neva Clinkscale, Esfund, Inc., Chelsea Gallagher, Horton Enterprises, Inc., J.R. Lounge of Jax, Inc., Kassab Nightlife LLC, M & G Safar Inc., MHHS-Sinsations, LLC, MT Productions, Inc., Maria D's Inc., Patmilt, Inc., Natalie Sanchez, Wacko's Too, Inc., Whites Place LLC. (Edinger, Gary) |
Filing 39 ORDER following TRIAL: Permanent injunctive relief will be granted as to Counts I, III, and XIII; denied as to Counts XI and XIV; granted in part, denied in part, and deferred in part as to Count II; granted in part and denied in part as to Count VIII; and deferred as to Counts IV, V, VI, and VII. Sections 150.224 and 151.214 of Ordinance 2020-74-E of the Jacksonville Municipal Code are facially unconstitutional under the First and Fourteenth Amendments; Sections 150.212(b) and 151.208(e) are facially invalid under Article V Section 2(a) of the Florida Constitution; and Sections 150.606(e) and 150.606(f) are facially unconstitutional in part under the First and Fourteenth Amendments. The City of Jacksonville will be permanently enjoined from enforcing these provisions, as stated in this Order. A Final Judgment and Permanent Injunction capturing these rulings will be entered at the conclusion of the case. Plaintiffs shall file an additional brief of no more than twenty-five (25) pages addressing the deferred Counts no later than 4/1/2021, and Defendants shall file a response of no more than twenty-five (25) pages no later than 4/30/2021. The parties shall jointly submit a case management plan as to the issues to be addressed at the reconvened trial, including a description of the necessary pretrial preparations and a proposed timeline, no later than 5/14/2021. The Clerk shall terminate #2 Plaintiffs' Motion for Preliminary Injunction. See Order for details. Signed by Judge Timothy J. Corrigan on 3/1/2021. (TNM) |
Filing 38 NOTICE of supplemental authority in support of Count I of their complaint (prior Restraint) re #23 Trial Brief by Rebecca Anderson, Bare Assets, Inc., Big B Ranch, Inc., Neva Clinkscale, Esfund, Inc., Chelsea Gallagher, Horton Enterprises, Inc., J.R. Lounge of Jax, Inc., Kassab Nightlife LLC, M & G Safar Inc., MHHS-Sinsations, LLC, MT Productions, Inc., Maria D's Inc., Patmilt, Inc., Natalie Sanchez, Wacko's Too, Inc., Whites Place LLC. (Attachments: #1 Exhibit Florida Beach Advertising, LLC v. City of Treasure Island, Florida)(Edinger, Gary) (Modified on 1/15/2021 to edit docket text) (JDR). |
Filing 37 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RDR, CRR, CRC; dsmabishop@yahoo.com. (SB) |
Filing 36 TRANSCRIPT of Bench Trial held on September 18, 2020 before Judge Timothy J. Corrigan. Court Reporter/Transcriber Shannon M. Bishop, RDR, CRR, CRC; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 10/30/2020, Redacted Transcript Deadline set for 11/9/2020, Release of Transcript Restriction set for 1/7/2021. (SB) |
Filing 35 MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: BENCH TRIAL held on 9/18/2020. Court Reporter: Shannon Bishop. (MD) |
Filing 34 NOTICE of Filing Declaration of Stephen Gallaher by City of Jacksonville, Mike Williams re #25 Response (Attachments: #1 Declaration of Stephen Gallaher)(Teal, Jason) Modified to edit text on 9/18/2020 (KKH). |
Filing 33 Amended NOTICE of Filing Declaration of William Clement III by City of Jacksonville, Mike Williams re #25 Response (Attachments: #1 Declaration of William Clement III)(Teal, Jason) Modified to edit text on 9/18/2020 (KKH). |
Filing 32 NOTICE of Filing Declaration of William Clement III by City of Jacksonville, Mike Williams re #25 Response (Attachments: #1 Declaration of William Clement III)(Teal, Jason) Modified to edit text on 9/18/2020 (KKH). |
Filing 31 ORDER resetting zoom trial to be an in-person proceeding in Courtroom 10D (trial remains set for 9/18/2020 at 9:30 a.m.); see order and attachment for coronavirus protocols. Signed by Judge Timothy J. Corrigan on 9/14/2020. (Attachments: #1 Exhibit courthouse protocols)(SRW) |
Filing 30 NOTICE of Filing Documents in Support of Doc #25 and #29 by City of Jacksonville, Mike Williams re #25 Response (Attachments: #1 Main Document Declaration of Leanna Cumber, #2 Exhibit Exhibit A and Table of Contents, #3 Exhibit Exhibit A - COJ_0001 to 0121, #4 Exhibit Exhibit A - COJ_0122 to 0213, #5 Exhibit Exhibit A - COJ_0214 to 0271, #6 Exhibit Exhibit A - COJ_0272 to 0326, #7 Exhibit Exhibit A - COJ_0327 to 0391, #8 Exhibit Exhibit A - COJ_0392 to 0528)(Teal, Jason) Modified to edit text on 8/21/2020 (KKH). |
Filing 29 DEFENDANT'S SUR-REPLY on Agreed Legal Issues re #23 and #28 filed by N. O. Archbold, City of Jacksonville, Mike Williams. (Teal, Jason) Modified to edit text on 7/31/2020 (KKH). |
Filing 28 REPLY BRIEF on Agreed Legal Issues by Rebecca Anderson, Bare Assets, Inc., Big B Ranch, Inc., Neva Clinkscale, Esfund, Inc., Chelsea Gallagher, Horton Enterprises, Inc., J.R. Lounge of Jax, Inc., Kassab Nightlife LLC, M & G Safar Inc., MHHS-Sinsations, LLC, MT Productions, Inc., Maria D's Inc., Patmilt, Inc., Natalie Sanchez, Wacko's Too, Inc., Whites Place LLC. (Edinger, Gary) Modified to edit text on 7/16/2020 (KKH). |
Filing 27 NOTICE OF RESCHEDULING BENCH TRIAL AND CONVERTING BENCH TRIAL TO VIDEOCONFERENCE: The bench trial previously scheduled for 8/18/2020 will now take place by Zoom videoconference on 9/18/2020 at 9:30 AM. The #19 Order setting dates and deadlines otherwise remains in place. See Notice for details. (TNM) |
Filing 26 NOTICE OF TELEPHONE HEARING: Telephone status conference set for 7/14/2020 at 12:00 PM before Judge Timothy J. Corrigan. See Notice for details. (TNM) |
Filing 25 RESPONSE re #23 Trial Brief filed by City of Jacksonville, Mike Williams. (Teal, Jason) |
Filing 24 NOTICE of Appearance by Mary Margaret Giannini on behalf of City of Jacksonville, Mike Williams (Giannini, Mary Margaret) |
Filing 23 TRIAL BRIEF of Agreed Legal Issues by Rebecca Anderson, Bare Assets, Inc., Big B Ranch, Inc., Neva Clinkscale, Esfund, Inc., Chelsea Gallagher, Horton Enterprises, Inc., J.R. Lounge of Jax, Inc., Kassab Nightlife LLC, M & G Safar Inc., MHHS-Sinsations, LLC, MT Productions, Inc., Maria D's Inc., Patmilt, Inc., Natalie Sanchez, Wacko's Too, Inc., Whites Place LLC. (Attachments: #1 Affidavit Natalie Sanchez)(Edinger, Gary) Modified to edit text on 6/8/2020 (KKH). |
Filing 22 NOTICE OF RESCHEDULING HEARING: The Bench Trial previously scheduled for 8/14/2020 is rescheduled. New scheduling date and time: 8/18/2020 at 10:00 a.m. (JJB) Modified to edit text on 6/1/2020 (KKH). |
Filing 21 Joint STIPULATION and Response to Expedited Scheduling Order by Rebecca Anderson, Bare Assets, Inc., Big B Ranch, Inc., Neva Clinkscale, Esfund, Inc., Chelsea Gallagher, Horton Enterprises, Inc., J.R. Lounge of Jax, Inc., Kassab Nightlife LLC, M & G Safar Inc., MHHS-Sinsations, LLC, MT Productions, Inc., Maria D's Inc., Patmilt, Inc., Natalie Sanchez, Wacko's Too, Inc., Whites Place LLC. (Edinger, Gary) Modified to edit text on 5/22/2020 (KKH). |
Filing 19 ORDER setting dates and deadlines. Parties' joint submission on counts to be handled on expedited basis and City's agreement of non-enforcement due by 5/21/2020; Plaintiffs' brief due by 6/5/2020; Defendants' response due by 7/2/2020; Plaintiffs' reply due by 7/16/2020; Defendants' sur-reply due by 7/30/2020; non-jury trial set for 8/14/2020 at 10:00 a.m. See Order for details. Signed by Judge Timothy J. Corrigan on 5/15/2020. (JJB) |
Filing 20 MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: Telephone status conference held on 5/14/2020. Court Reporter: Shannon Bishop. (MD) |
Filing 18 NOTICE of supplemental authority re #2 MOTION for Preliminary Injunction by Rebecca Anderson, Bare Assets, Inc., Big B Ranch, Inc., Neva Clinkscale, Esfund, Inc., Chelsea Gallagher, Horton Enterprises, Inc., J.R. Lounge of Jax, Inc., Kassab Nightlife LLC, M & G Safar Inc., MHHS-Sinsations, LLC, MT Productions, Inc., Maria D's Inc., Patmilt, Inc., Natalie Sanchez, Wacko's Too, Inc., Whites Place LLC. (Attachments: #1 Supplement Club Madonna v. Miami Beach - Supplemental Authority)(Edinger, Gary) |
Filing 17 ORDER setting these cases for a telephonic status conference on 5/14/2020 at 2:00 p.m. See Order for details. Signed by Judge Timothy J. Corrigan on 4/28/2020. (JJB) |
Filing 16 Notice of Filing AFFIDAVIT of Chelsea Gallagher re: #2 MOTION for Preliminary Injunction by Rebecca Anderson, Bare Assets, Inc., Big B Ranch, Inc., Neva Clinkscale, Esfund, Inc., Chelsea Gallagher, Horton Enterprises, Inc., J.R. Lounge of Jax, Inc., Kassab Nightlife LLC, M & G Safar Inc., MHHS-Sinsations, LLC, MT Productions, Inc., Maria D's Inc., Patmilt, Inc., Natalie Sanchez, Wacko's Too, Inc., Whites Place LLC. (Attachments: #1 Affidavit Chelsea Gallagher in Support of Motion for Preliminary Injunction)(Edinger, Gary) Modified to edit text on 4/14/2020 (KKH). |
Filing 15 NOTICE of Appearance by Gabriella Young on behalf of N. O. Archbold (Young, Gabriella) |
Filing 14 NOTICE of Appearance by Craig D. Feiser on behalf of City of Jacksonville, Mike Williams (Feiser, Craig) |
Filing 13 NOTICE of Appearance by Jason R. Teal on behalf of City of Jacksonville, Mike Williams (Teal, Jason) |
Filing 12 WAIVER of service returned executed on 4/9/2020 by N. O. Archbold as to N. O. Archbold. (Young, Gabriella) |
Filing 11 WAIVER of service returned executed on 4/9/2020 by Mike Williams as to Mike Williams. (Teal, Jason) |
Filing 10 WAIVER of service returned executed on 4/9/2020 by City of Jacksonville as to City of Jacksonville. (Teal, Jason) |
Filing 9 NOTICE of Pendency of Other Actions by Rebecca Anderson, Bare Assets, Inc., Big B Ranch, Inc., Neva Clinkscale, Esfund, Inc., Chelsea Gallagher, Horton Enterprises, Inc., J.R. Lounge of Jax, Inc., Kassab Nightlife LLC, M & G Safar Inc., MHHS-Sinsations, LLC, MT Productions, Inc., Maria D's Inc., Patmilt, Inc., Natalie Sanchez, Wacko's Too, Inc., Whites Place LLC (Edinger, Gary) Modified to edit text on 4/9/2020 (KKH). |
Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Rebecca Anderson, Bare Assets, Inc., Big B Ranch, Inc., Neva Clinkscale, Esfund, Inc., Chelsea Gallagher, Horton Enterprises, Inc., J.R. Lounge of Jax, Inc., Kassab Nightlife LLC, M & G Safar Inc., MHHS-Sinsations, LLC, MT Productions, Inc., Maria D's Inc., Patmilt, Inc., Natalie Sanchez, Wacko's Too, Inc., Whites Place LLC. (Edinger, Gary) |
Filing 7 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 4/1/2020. (Attachments: #1 Case Management Report form, #2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD) |
Filing 6 SUMMONS issued as to All Defendants. (KKH) |
Filing 5 NEW CASE ASSIGNED to Judge Timothy J. Corrigan and Magistrate Judge Monte C. Richardson. New case number: 3:20-cv-303-J-32MCR. (SJB) |
Filing 4 REQUEST for oral argument re #2 MOTION for Preliminary Injunction by REBECCA ANDERSON, BARE ASSETS, INC., BIG B RANCH, Inc., NEVA CLINKSCALE, Esfund, Inc., CHELSEA GALLAGHER, Horton Enterprises, Inc., J. R. LOUNGE OF JAX, INC., KASSAB NIGHTLIFE LLC, M & G SAFAR INC., MHHS-Sinsations, LLC, MT PRODUCTIONS, INC., Maria D's Inc., PATMILT, INC., Natalie Sanchez, WHITES PLACE LLC, Wacko's Too, Inc.. (Edinger, Gary) |
Filing 3 NOTICE of Filing AFFIDAVIT of Harvey Shuman in Support of re: #2 MOTION for Preliminary Injunction by REBECCA ANDERSON, BARE ASSETS, INC., BIG B RANCH, Inc., NEVA CLINKSCALE, Esfund, Inc., CHELSEA GALLAGHER, Horton Enterprises, Inc., J. R. LOUNGE OF JAX, INC., KASSAB NIGHTLIFE LLC, M & G SAFAR INC., MHHS-Sinsations, LLC, MT PRODUCTIONS, INC., Maria D's Inc., PATMILT, INC., Natalie Sanchez, WHITES PLACE LLC, Wacko's Too, Inc.. (Attachments: #1 Affidavit Harvey Shuman in Support of Motion for Preliminary Injunction)(Edinger, Gary) Modified to edit text on 3/26/2020 (KKH). |
Filing 2 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Text of Proposed Order Plaintiff's Proposed Preliminary Injuncton)(Edinger, Gary) |
Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-16636059) filed by All Plaintiffs. (Attachments: #1 Exhibit Ordinance 2020-74-E, #2 Exhibit April 20, 2004 Final Order entered in Wacko's Too, Inc., #3 Exhibit Sheriff's NTA Policy, #4 Civil Cover Sheet, #5 Proposed Summons City of Jacksonville, #6 Proposed Summons Sheriff Williams, #7 Proposed Summons Archbold)(Edinger, Gary) |
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