AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC v. LEE
| AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA, OUR VOTES MATTER and FLORIDA VOTES MATTER |
| LAUREL LEE, JONI ALEXIS POITIER, KYMBERLEE CURRY SMITH, JASON TODD ALLEN and J MARTIN HAYES |
| 4:2021cv00190 |
| May 8, 2021 |
| US District Court for the Northern District of Florida |
| MICHAEL J FRANK |
| ALLEN C WINSOR |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on July 6, 2021. A more recent docket listing may be available from PACER.
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Filing 39
INITIAL SCHEDULING ORDER signed by JUDGE ALLEN C WINSOR on 7/6/21. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 7/20/2021. Rule 26 Meeting Report due by 7/27/2021. (tss)
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Filing 38
ORDER ON MOTIONS FOR PRELIMINARY INJUNCTION AND MOTION TO DISMISS signed by JUDGE ALLEN C WINSOR on 7/1/21. The Secretarys #24 motion to dismiss is GRANTED. Plaintiffs claims against the Secretary are dismissed without prejudice for lack of subject-matter jurisdiction. Plaintiffs #10 motion for a preliminary injunction against the Secretary is DENIED. Plaintiffs #17 motion for a preliminary injunction against the Commission is GRANTED. A scheduling order will issue separately. (tss)
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| Filing 37 Minute Entry for proceedings held before JUDGE ALLEN C WINSOR: Motions Hearing held on 06/24/2021. Court hears argument of counsel on Motions for Preliminary Injunction and Motion to Dismiss. Ruling by Court: Rulings will be made in an order to follow. (Court Reporter Judy Gagnon) (ckm) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed re: There is not an ISO in this case. (cle) Modified on 6/28/2021 (tss). |
| Filing 36 Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Telephonic Motion Hearing/Status Conference held on 6/22/2021 re #32 MOTION to Hold Remote Hearing or, Alternatively, to Permit Remote Testimony - written order to be entered (Court Reporter Lisa Snyder (USDC-Tallahassee)) (tss) |
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Filing 35
ORDER REGARDING HEARING - Plaintiffs' motion to hold remote hearing or, alternatively, to permit remote testimony (ECF No. #32 ) is GRANTED to the extent stated on the record. Signed by JUDGE ALLEN C WINSOR on 6/22/2021. (cle)
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| Filing 34 NOTICE of Telephonic Hearing on Motion #32 MOTION to Hold Remote Hearing or, Alternatively, to Permit Remote Testimony Telephonic Motion Hearing set for 6/22/2021 at 02:30 PM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. However, the Court also understands that under the current circumstances, a cell phone may be all that is available. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) |
| Filing 33 NOTICE of Florida Elections Commission's Position by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA, FLORIDA VOTES MATTER, OUR VOTES MATTER re #32 MOTION to Hold Remote Hearing or, Alternatively, to Permit Remote Testimony (WARREN, NICHOLAS) |
| Filing 32 MOTION to Hold Remote Hearing or, Alternatively, to Permit Remote Testimony by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA, FLORIDA VOTES MATTER, OUR VOTES MATTER. (WARREN, NICHOLAS) |
| Filing 31 NOTICE of Hearing on Motions #10 and #17 MOTIONS for Preliminary Injunction and #24 MOTION to Dismiss for Lack of Jurisdiction Motions Hearing set for 6/24/2021 at 02:00 PM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. Ninety minutes have been set aside. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn StarkCourtroom Deputy Clerk to the Honorable Allen Winsor (tss) |
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Filing 30
ORDER SETTING HEARING signed by JUDGE ALLEN C WINSOR on 6/21/21. The clerk will set a hearing for June 24, 2021 at 2:00 p.m. to address Plaintiffs #10 amd #17 preliminary injunction motions and the Secretarys #24 motion to dismiss. Ninety minutes are set aside. (tss)
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| Filing 29 REPLY to Response to Motion re #10 MOTION for Preliminary Injunction , #24 MOTION to Dismiss for Lack of Jurisdiction , #17 MOTION for Preliminary Injunction Against the Florida Elections Commission , RESPONSE in Opposition re #24 MOTION to Dismiss for Lack of Jurisdiction filed by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA, FLORIDA VOTES MATTER, OUR VOTES MATTER. (WARREN, NICHOLAS) |
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Filing 28
ORDER GRANTING #27 MOTION FOR LEAVE TO FILE A CONSOLIDATED REPLY signed by JUDGE ALLEN C WINSOR on 6/17/21. Plaintiffs may file a consolidated reply, not to exceed 11,200 words. The deadline remains June 18. (tss)
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| Filing 27 Consent MOTION for Leave to File Excess Pages to Exceed Word Limit and File Consolidated Memorandum by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA, FLORIDA VOTES MATTER, OUR VOTES MATTER. (WARREN, NICHOLAS) |
| Filing 26 MEMORANDUM in Opposition re #17 MOTION for Preliminary Injunction Against the Florida Elections Commission filed by JASON TODD ALLEN, J MARTIN HAYES, JONI ALEXIS POITIER, KYMBERLEE CURRY SMITH. (TEEGEN, ELIZABETH) |
| Filing 25 RESPONSE in Opposition re #10 MOTION for Preliminary Injunction filed by LAUREL LEE. (DAVIS, ASHLEY) |
| Filing 24 MOTION to Dismiss for Lack of Jurisdiction by LAUREL LEE. (Internal deadline for referral to judge if response not filed earlier: 6/29/2021). (DAVIS, ASHLEY) |
| Filing 23 DECLARATION OF TERENCE DOUGHERTY in Support - re: #10 MOTION for Preliminary Injunction, #17 MOTION for Preliminary Injunction Against the Florida Elections Commission by Terence Dougherty filed by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA, FLORIDA VOTES MATTER, OUR VOTES MATTER. (WARREN, NICHOLAS) (cle) |
| Filing 22 Declaration of Henri Ilene Spiegel in Support re #10 MOTION for Preliminary Injunction , #17 MOTION for Preliminary Injunction Against the Florida Elections Commission by Henri Spiegel filed by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA, FLORIDA VOTES MATTER, OUR VOTES MATTER. (WARREN, NICHOLAS) Modified on 6/15/2021 to correct document title. (kjw) |
| Filing 21 NOTICE of Appearance by WILLIAM HENRY STAFFORD, III on behalf of JASON TODD ALLEN, J MARTIN HAYES, JONI ALEXIS POITIER, KYMBERLEE CURRY SMITH (STAFFORD, WILLIAM) |
| Filing 20 WAIVER OF SERVICE Returned Executed by OUR VOTES MATTER, FLORIDA VOTES MATTER, AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA. JASON TODD ALLEN waiver sent on 6/4/2021, answer due 8/3/2021; J MARTIN HAYES waiver sent on 6/4/2021, answer due 8/3/2021; JONI ALEXIS POITIER waiver sent on 6/4/2021, answer due 8/3/2021; KYMBERLEE CURRY SMITH waiver sent on 6/4/2021, answer due 8/3/2021. (Attachments: #1 Notice of Service Pursuant to Court's June 5 Order) (WARREN, NICHOLAS) |
| Filing 19 Summons Issued as to JASON TODD ALLEN, J MARTIN HAYES, JONI ALEXIS POITIER, and KYMBERLEE CURRY SMITH. (Attachments: #1 SUMMONS, #2 SUMMONS, #3 SUMMONS) (cle) |
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Filing 18
ORDER signed by JUDGE ALLEN C WINSOR on 6/5/21. As stated on the record, the Secretarys deadline to respond to the #10 preliminary injunction motion is 6/15/2021 and Plaintiffs deadline to file a reply is 6/18/2021. The Secretarys deadline to respond to the #16 second amended complaint is 14 days after its filing and Plaintiffs deadline to respond to any motion to dismiss is 14 days after its filing, as set forth in the local rules. The deadline to respond to #17 MOTION for Preliminary Injunction is 6/15 /2021 if and only if Plaintiffs serve the newly added defendants with the motion, the second amended complaint, and this order, no later than June 8, 2021. Otherwise, the response will be due one week after service is effected. Plaintiffs may reply by 6/18/2021 or three days after a response is served, whichever is later. (tss)
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| Filing 17 MOTION for Preliminary Injunction Against the Florida Elections Commission by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA, FLORIDA VOTES MATTER, OUR VOTES MATTER. (WARREN, NICHOLAS) |
| Filing 16 SECOND AMENDED COMPLAINT against LAUREL LEE, JONI ALEXIS POITIER, KYMBERLEE CURRY SMITH, JASON TODD ALLEN, J MARTIN HAYES, filed by FLORIDA VOTES MATTER, AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA, OUR VOTES MATTER. (Attachments: #1 Poitier Summons, #2 Smith Summons, #3 Allen Summons, #4 Hayes Summons) (WARREN, NICHOLAS) |
| Filing 15 Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Telephonic Status Conference held on 6/4/2021 - written order to follow (Court Reporter Lisa Snyder (USDC-Tallahassee)) (tss) |
| Filing 14 NOTICE OF RESCHEDULED TELEPHONIC HEARING Telephonic Scheduling Conference reset for 6/4/2021 at 11:00 AM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. However, the Court also understands that under the current circumstances, a cell phone may be all that is available. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) |
| Filing 13 NOTICE OF TELEPHONIC HEARING Telephonic Scheduling Conference set for 6/4/2021 at 02:00 PM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. However, the Court also understands that under the current circumstances, a cell phone may be all that is available. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) |
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Filing 12
ORDER SETTING TELEPHONIC HEARING signed by JUDGE ALLEN C WINSOR on 6/2/21. The clerk will set a telephonic hearing for Friday, June 4, at 2:00 p.m. With the parties agreement, the hearing can be set for a later time and date. (tss)
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Filing 11
ORDER granting #8 Motion to Appear Pro Hac Vice. Pursuant to Local Rule 11.1(C), attorney Max Gaston is admitted pro hac vice on behalf of Plaintiff the American Civil Liberties Union of Florida. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 6/1/2021. (jcw)
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| Filing 10 MOTION for Preliminary Injunction by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA, OUR VOTES MATTER. (Attachments: #1 Exhibit Latshaw Declaration, #2 Exhibit Shaw Declaration, #3 Exhibit Newspaper Articles) (WARREN, NICHOLAS) |
| Filing 9 FIRST AMENDED COMPLAINT against LAUREL LEE, filed by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC, FAIR VOTE FLORIDA, OUR VOTES MATTER, FLORIDA VOTES MATTER. (WARREN, NICHOLAS) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #8 MOTION to Appear Pro Hac Vice by Max Gaston.( Filing fee $ 208 receipt number AFLNDC-6108917.) - Referred to MICHAEL J FRANK. (tss) |
| Filing 8 MOTION to Appear Pro Hac Vice by Max Gaston.( Filing fee $ 208 receipt number AFLNDC-6108917.) by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC. (Attachments: #1 Exhibit Ex. A - Cert. of Good Standing - Gaston, Max) (MARINO, ANYA) |
| Filing 7 SUMMONS Returned Executed by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC. LAUREL LEE served on 5/12/2021, answer due 6/2/2021. (WARREN, NICHOLAS) |
| Filing 6 NOTICE of Appearance by ASHLEY E DAVIS on behalf of LAUREL LEE (DAVIS, ASHLEY) |
| Filing 5 NOTICE of Appearance by BRADLEY ROBERT MCVAY on behalf of LAUREL LEE (MCVAY, BRADLEY) |
| Filing 4 Summons Issued as to LAUREL LEE. (cle) |
| Filing 3 Corporate Disclosure Statement/Certificate of Interested Persons by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC. (WARREN, NICHOLAS) |
| Filing 2 CIVIL COVER SHEET. (WARREN, NICHOLAS) |
| Filing 1 COMPLAINT against LAUREL LEE ( Filing fee $ 402 receipt number AFLNDC-6084649.), filed by AMERICAN CIVIL LIBERTIES UNION OF FLORIDA INC. (Attachments: #1 Exhibit Ex. A SB 1890 Enrolled, #2 Summons) (WARREN, NICHOLAS) |
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