Wade Gardner, et al v. William Mutz, et al
Plaintiff / Appellant: KEN DANIEL, In his Official Capacity as Director of Save Southern Heritage, Inc. Florida, PHIL WALTERS, In his Official Capacity as 1st Lt. Commander of the Judah P. Benjamin Camp # 2210 Sons of Confederate Veterans, MARY JOYCE STEVENS, RANDY WHITTAKER, Individually, RANDY WHITTAKER, In Official Capacity at Southern War Cry, WADE STEVEN GARDNER and VETERANS MONUMENTS OF AMERICA, INC., Andy Strickland, US Army Ret, President
Defendant / Appellee: DON SELVEGE, In his Official Capacity as City of Lakeland, Florida Commissioner, FLORIDA SECRETARY OF STATE, WILLIAM MUTZ, In his Official Capacity as Mayor of the City of Lakeland, Florida, TONY DELGADO, In his Official Capacity as Administrator of the City of Lakeland, Florida, PHILLIP WALKER, In his Official Capacity as City of Lakeland, Florida Commissioner, ANTONIO PADILLA and JUSTIN TROLLER, In his Official Capacity as City of Lakeland, Florida Commissioner
Other: SERVICE
Case Number: 19-10461
Filed: February 6, 2019
Court: U.S. Court of Appeals, Eleventh Circuit
Nature of Suit: Other

Opinions

We have the following opinions for this case:

Date Filed Description
June 22, 2020 Summary Gardner v. Mutz
May 24, 2021 Wade Steven Gardner, et al v. William Mutz, et al

Docket Report

This docket was last retrieved on March 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 29, 2019 Opinion or Order ORDER: The motion to reinstate filed by the Appellants is hereby GRANTED. [ # 8721322-2 ] (WHP and KCN) [Entered: 03/29/2019 10:03 AM]
March 29, 2019 Appellants' brief filed by Ken Daniel. Service date: 03/18/2019 by CM/ECF to Attorneys for Appellees. [Entered: 03/29/2019 10:17 AM]
March 29, 2019 Appendix filed [1 VOLUME - 5 copies] by Attorney David Rhodes McCallister for Appellants Wade Steven Gardner, Mary Joyce Stevens, Randy Whittaker, Veterans Monuments of America, Inc., Phil Walters and Ken Daniel. Service date: 03/18/2019 by CM/ECF to Attorneys for Appellees [Entered: 03/29/2019 10:24 AM]
March 19, 2019 RETURNED UNFILED: The appellant brief and appendix filed by David Rhodes McCallister for appellants is returned unfiled because the appeal is closed. The brief and appendix will be filed if the Court reinstates the appeal. [Entered: 03/18/2019 04:27 PM]
March 18, 2019 Notice of deficient Motion filed by David Rhodes McCallister for Appellants. Counsel has not filed a CIP on the docket and completed the web-based CIP on the Court's website. [Entered: 03/18/2019 11:01 AM]
March 18, 2019 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney David Rhodes McCallister for Appellants Ken Daniel, Wade Steven Gardner, Mary Joyce Stevens, Veterans Monuments of America, Inc., Phil Walters, Randy Whittaker and Randy Whittaker. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). [19-10461] (ECF: David McCallister) [Entered: 03/18/2019 02:45 PM]
March 18, 2019 ***Returned Unfiled***Appendix filed [1 VOLUMES] by Appellants Ken Daniel, Wade Steven Gardner, Mary Joyce Stevens, Veterans Monuments of America, Inc., Phil Walters, Randy Whittaker and Randy Whittaker. [19-10461] (ECF: David McCallister) [Entered: 03/18/2019 02:49 PM]
March 18, 2019 ***Returned Unfiled***Appellant's brief filed by Ken Daniel, Wade Steven Gardner, Mary Joyce Stevens, Veterans Monuments of America, Inc., Phil Walters, Randy Whittaker and Randy Whittaker. [19-10461] (ECF: David McCallister) [Entered: 03/18/2019 02:46 PM]
March 15, 2019 APPEARANCE of Counsel Form filed by David Rhodes McCallister for Ken Daniel, Wade Steven Gardner, Mary Joyce Stevens, Veterans Monuments of America, Inc., Phil Walters, Randy Whittaker and Randy Whittaker. [19-10461] (ECF: David McCallister) [Entered: 03/15/2019 04:42 PM]
March 15, 2019 MOTION to Reinstate Appeal filed by Ken Daniel, Wade Steven Gardner, Mary Joyce Stevens, Veterans Monuments of America, Inc., Phil Walters, Randy Whittaker and Randy Whittaker. Motion is Unopposed. [8721322-1] [19-10461]--[Edited 03/18/2019 by JC to correct relief] (ECF: David McCallister) [Entered: 03/15/2019 05:13 PM]
March 15, 2019 Response to Jurisdictional Question filed by Appellants Ken Daniel, Wade Steven Gardner, Mary Joyce Stevens, Veterans Monuments of America, Inc., Phil Walters, Randy Whittaker and Randy Whittaker [19-10461] (ECF: David McCallister) [Entered: 03/15/2019 05:15 PM]
March 14, 2019 ENTRY OF DISMISSAL: Pursuant to the 11th Cir.R.42-1(b), this appeal is DISMISSED for want of prosecution because the appellants failed to file a Civil Appeal Statement form within the time fixed by the rules [Entered: 03/14/2019 04:48 PM]
March 14, 2019 According to our records, Ashley E. Davis for Florida Secretary of State is not a member of the Eleventh Circuit bar. The appearance of counsel form has not been processed. Please complete and return the required application for admission within fourteen days. [Entered: 03/14/2019 04:44 PM]
March 14, 2019 APPEARANCE of Counsel Form filed by Ashley E. Davis for Florida Secretary of State. [19-10461] (ECF: Ashley Davis) [Entered: 03/14/2019 04:28 PM]
March 14, 2019 Response to Jurisdictional Question filed by Appellee Florida Secretary of State [19-10461] (ECF: Ashley Davis) [Entered: 03/14/2019 04:29 PM]
March 13, 2019 Response to Jurisdictional Question filed by Appellees Tony Delgado, William Mutz, Antonio Padilla, Don Selvege, Justin Troller and Phillip Walker [19-10461] (ECF: Kristie Hatcher-Bolin) [Entered: 03/13/2019 10:03 AM]
March 7, 2019 NOTICE OF CIP FILING DEFICIENCY to David R. McCallister for Wade Steven Gardner, Mary Joyce Stevens, Randy Whittaker, Veterans Monuments of America, Inc., Phil Walters and Ken Daniel. You are receiving this notice because you have not completed the Web-Based Stock Ticker Symbol CIP via the court's public web-page and have not filed the CIP. Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the appeal under 11th Cir. R. 42-1(b), return of documents without action, or other sanctions. [Entered: 03/07/2019 09:21 AM]
March 7, 2019 NOTICE OF CIP FILING DEFICIENCY to Kristie Hatcher-Bolin and Mark Nelson Miller for William Mutz, Tony Delgado, Don Selvege, Justin Troller, Phillip Walker and Antonio Padilla. You are receiving this notice because you have not completed the Web-Based Stock Ticker Symbol CIP via the court's public web-page and have not filed the CIP via the electronic filing system (CM/ECF). Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in sanctions on counsel. [Entered: 03/07/2019 09:28 AM]
March 7, 2019 Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Kristie Hatcher-Bolin for Appellees Tony Delgado, William Mutz, Antonio Padilla, Don Selvege, Justin Troller and Phillip Walker. On the same day the CIP is served, the party filing it must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-2(b). [19-10461] (ECF: Kristie Hatcher-Bolin) [Entered: 03/07/2019 10:18 AM]
February 28, 2019 JURISDICTIONAL QUESTION issued as to Ken Daniel, Wade Steven Gardner, Mary Joyce Stevens, Veterans Monuments of America, Inc., Phil Walters, Randy Whittaker and Randy Whittaker. [Entered: 02/28/2019 04:39 PM]
February 27, 2019 Attorney David R. McCallister for Appellants Wade Steven Gardner, Mary Joyce Stevens, Randy Whittaker, Veterans Monuments of America, Inc., Phil Walters and Ken Daniel has been notified that upon expiration of fourteen (14) days from this date, this appeal will be dismissed by the clerk without further notice unless the required Civil Appeal Statement has been received. A motion to file the Civil Appeal Statement out of time should also be filed at this time. [Entered: 02/27/2019 01:02 PM]
February 21, 2019 NOTICE OF CIP FILING DEFICIENCY to David R. McCallister for Wade Steven Gardner, Mary Joyce Stevens, Randy Whittaker, Veterans Monuments of America, Inc., Phil Walters and Ken Daniel. You are receiving this notice because you have not completed the Web-Based Stock Ticker Symbol CIP via the court's public web-page and have not filed the CIP. Failure to comply with 11th Cir. Rules 26.1-1 through 26.1-4 may result in dismissal of the appeal under 11th Cir. R. 42-1(b), return of documents without action, or other sanctions. [Entered: 02/21/2019 08:52 AM]
February 19, 2019 APPEARANCE of Counsel Form filed by Kristie Hatcher-Bolin for Tony Delgado, William Mutz, Don Selvege, Justin Troller and Phillip Walker and Mark Nelson Miller for Tony Delgado, William Mutz, Don Selvege, Justin Troller and Phillip Walker. [19-10461] (ECF: Kristie Hatcher-Bolin) [Entered: 02/18/2019 10:33 AM]
February 6, 2019 CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellants Ken Daniel, Wade Steven Gardner, Mary Joyce Stevens, Veterans Monuments of America, Inc., Phil Walters, Randy Whittaker and Randy Whittaker on 02/05/2019. Fee Status: Fee Paid. No hearings to be transcribed. The appellant's brief is due on or before 03/18/2019. The appendix is due no later than 7 days from the filing of the appellant's brief. Awaiting Appellant's Certificate of Interested Persons due on or before 02/20/2019 as to Appellant Ken Daniel. Awaiting Appellee's Certificate of Interested Persons due on or before 03/06/2019 as to Appellees Tony Delgado and Florida Secretary of State [Entered: 02/12/2019 12:42 PM]

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Search for this case: Wade Gardner, et al v. William Mutz, et al
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Plaintiff / appellant: KEN DANIEL, In his Official Capacity as Director of Save Southern Heritage, Inc. Florida
Represented By: David R. McCallister
Represented By: David Rhodes McCallister
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Plaintiff / appellant: PHIL WALTERS, In his Official Capacity as 1st Lt. Commander of the Judah P. Benjamin Camp # 2210 Sons of Confederate Veterans
Represented By: David R. McCallister
Represented By: David Rhodes McCallister
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Plaintiff / appellant: MARY JOYCE STEVENS
Represented By: David R. McCallister
Represented By: David Rhodes McCallister
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Plaintiff / appellant: RANDY WHITTAKER, Individually
Represented By: David R. McCallister
Represented By: David Rhodes McCallister
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Plaintiff / appellant: RANDY WHITTAKER, In Official Capacity at Southern War Cry
Represented By: David R. McCallister
Represented By: David Rhodes McCallister
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Plaintiff / appellant: WADE STEVEN GARDNER
Represented By: David R. McCallister
Represented By: David Rhodes McCallister
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Plaintiff / appellant: VETERANS MONUMENTS OF AMERICA, INC., Andy Strickland, US Army Ret, President
Represented By: David R. McCallister
Represented By: David Rhodes McCallister
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Defendant / appellee: DON SELVEGE, In his Official Capacity as City of Lakeland, Florida Commissioner
Represented By: Kristie Hatcher-Bolin
Represented By: Mark Nelson Miller
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Defendant / appellee: FLORIDA SECRETARY OF STATE
Represented By: Ashley Moody
Represented By: Ashley E. Davis
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Defendant / appellee: WILLIAM MUTZ, In his Official Capacity as Mayor of the City of Lakeland, Florida
Represented By: Kristie Hatcher-Bolin
Represented By: Mark Nelson Miller
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Defendant / appellee: TONY DELGADO, In his Official Capacity as Administrator of the City of Lakeland, Florida
Represented By: Kristie Hatcher-Bolin
Represented By: Mark Nelson Miller
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Defendant / appellee: PHILLIP WALKER, In his Official Capacity as City of Lakeland, Florida Commissioner
Represented By: Kristie Hatcher-Bolin
Represented By: Mark Nelson Miller
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Defendant / appellee: ANTONIO PADILLA
Represented By: Kristie Hatcher-Bolin
Represented By: Mark Nelson Miller
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Defendant / appellee: JUSTIN TROLLER, In his Official Capacity as City of Lakeland, Florida Commissioner
Represented By: Kristie Hatcher-Bolin
Represented By: Mark Nelson Miller
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Other: SERVICE
Represented By: Robert Michael Daisley
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