R.K.G. et al v. Barrs et al
| R.K.G., M.R.H., A.M.R.G., S.R.C., R.P.R., P.R.S.G., R.O.G.R., A.G.T., A.M.C., C.O.T.M., E.J.C., D.M.F., M.C.A., D.A.S., Y.P.R., E.M.M.R., T.M.J.F., R.R. and R.A.G.A. |
| Federal Motor Carrier Safety Administration, U.S. Department of Transportation, Florida Highway Safety and Motor Vehicles, Derek D. Barrs, Sean P. Duffy and Dave Kerner |
| 1:2026cv22615 |
| April 15, 2026 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Civil Rights: Other |
| 28 U.S.C. § 2201 Declaratory Judgment |
| None |
Docket Report
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This docket was last retrieved on June 12, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 17 RESPONSE in Opposition re #10 MOTION for Temporary Restraining Order filed by Derek D. Barrs, Sean P. Duffy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation. Replies due by 6/22/2026. (Erickson-Pogorzelski, Anthony) |
| Filing 16 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by Derek D. Barrs, Sean P. Duffy, Federal Motor Carrier Safety Administration, U.S. Department of Transportation. Attorney Anthony Erickson-Pogorzelski added to party Derek D. Barrs(pty:dft), Attorney Anthony Erickson-Pogorzelski added to party Sean P. Duffy(pty:dft), Attorney Anthony Erickson-Pogorzelski added to party Federal Motor Carrier Safety Administration (pty:dft), Attorney Anthony Erickson-Pogorzelski added to party U.S. Department of Transportation (pty:dft). Responses due by 6/26/2026. (Erickson-Pogorzelski, Anthony) |
Filing 15
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Defendants Dave Kerner, in his official capacity as Executive Director of Florida Department of Highway Safety and Motor Vehicles ("FLHSMV"), and FLHSMV's (collectively, the "Florida Defendants") Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint (the "Motion"). ECF No. #14 . Upon due consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. #14 , is GRANTED. The Florida Defendants shall respond to Plaintiffs' Complaint by no later than July 13, 2026. Signed by Judge Jacqueline Becerra (ics)
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| Filing 14 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Florida Highway Safety and Motor Vehicles, Dave Kerner. Responses due by 6/18/2026. (Attachments: #1 Text of Proposed Order)(Spears, Sara) |
| Filing 13 NOTICE of Attorney Appearance by Sara Elizabeth Spears on behalf of Florida Highway Safety and Motor Vehicles, Dave Kerner. Attorney Sara Elizabeth Spears added to party Florida Highway Safety and Motor Vehicles(pty:dft), Attorney Sara Elizabeth Spears added to party Dave Kerner(pty:dft). (Spears, Sara) |
| Filing 12 NOTICE Notice of Filing - Affidavit of Service by A.G.T., A.M.C., A.M.R.G., C.O.T.M., D.A.S., D.M.F., E.J.C., E.M.M.R., M.C.A., M.R.H., P.R.S.G., R.A.G.A., R.K.G., R.O.G.R., R.P.R., R.R., S.R.C., T.M.J.F., Y.P.R. re 11 Order,,,,,, (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit) (Lemus, Arno) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction (the "Motion"). ECF No. #10 . Upon review of the Motion, the Court finds that Plaintiffs have failed to articulate a basis warranting either emergency consideration of the Motion or the issuance of a temporary restraining order. This action was filed on April 15, 2026, ECF No. #1 , and challenges a Rule effective as of March 16, 2026, ECF No. #10 at 6. As a basis for the relief sought, the Motion identifies the commencement of hurricane season on June 1, 2026. Id. at 6, 26, 28. However, the commencement of hurricane season is a known and recurring event and, as presented in the Motion, is untethered to the facts and claims at issue in this case. In addition, Plaintiffs have failed to comply with the applicable Local Rule governing emergency motions. See S.D. Fla. L.R. 7.1(d)(1). Accordingly, the Court DENIES the Motion to the extent it seeks a temporary restraining order and emergency relief. The Court will, however, consider Plaintiffs' request for a preliminary injunction. Defendants shall file a response to the Motion as it relates to a request for a preliminary injunction within fourteen (14) days of the date of this Order, and Plaintiffs may file a reply within seven (7) days thereafter. A hearing on the Motion will be set by separate order. Plaintiffs are DIRECTED to serve a copy of this Order on Defendant within twenty-four (24) hours and shall promptly file a notice confirming service. Signed by Judge Jacqueline Becerra (ics)
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| Filing 10 MOTION for Temporary Restraining Order by A.G.T., A.M.C., A.M.R.G., C.O.T.M., D.A.S., D.M.F., E.J.C., E.M.M.R., M.C.A., M.R.H., P.R.S.G., R.A.G.A., R.K.G., R.O.G.R., R.P.R., R.R., S.R.C., T.M.J.F., Y.P.R.. Responses due by 6/15/2026. (Attachments: #1 Text of Proposed Order, #2 Exhibit)(Lemus, Arno) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by E.J.C., R.O.G.R., T.M.J.F., M.R.H., R.K.G., R.R., M.C.A., E.M.M.R., P.R.S.G., A.M.R.G., A.M.C., D.M.F., Y.P.R., D.A.S., A.G.T., S.R.C., C.O.T.M., R.A.G.A., R.P.R.. Florida Highway Safety and Motor Vehicles served on 5/20/2026, response/answer due 6/22/2026. (Attachments: #1 Exhibit ROS FLHSMV)(Lemus, Arno) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by E.J.C., R.O.G.R., T.M.J.F., M.R.H., R.K.G., R.R., M.C.A., E.M.M.R., P.R.S.G., A.M.R.G., A.M.C., D.M.F., Y.P.R., D.A.S., A.G.T., S.R.C., C.O.T.M., R.A.G.A., R.P.R.. Dave Kerner served on 5/20/2026, response/answer due 6/22/2026. (Attachments: #1 Exhibit Exhibit A - Kerner ROS)(Lemus, Arno) |
| Filing 7 SUMMONS (Affidavit) Returned Executed by E.J.C., R.O.G.R., T.M.J.F., M.R.H., R.K.G., R.R., M.C.A., E.M.M.R., P.R.S.G., A.M.R.G., A.M.C., D.M.F., Y.P.R., D.A.S., A.G.T., S.R.C., C.O.T.M., R.A.G.A., R.P.R.. Derek D. Barrs served on 4/22/2026, response/answer due 6/22/2026; Sean P. Duffy served on 4/22/2026, response/answer due 6/22/2026; Federal Motor Carrier Safety Administration served on 4/22/2026, response/answer due 6/22/2026; U.S. Department of Transportation served on 4/22/2026, response/answer due 6/22/2026. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit)(Lemus, Arno) |
| Filing 6 SUMMONS (Affidavit) Returned Executed by E.J.C., R.O.G.R., T.M.J.F., M.R.H., R.K.G., R.R., M.C.A., E.M.M.R., P.R.S.G., A.M.R.G., A.M.C., D.M.F., Y.P.R., D.A.S., A.G.T., S.R.C., C.O.T.M., R.A.G.A., R.P.R.. Florida Highway Safety and Motor Vehicles served on 4/21/2026, response/answer due 6/22/2026; Dave Kerner served on 4/21/2026, response/answer due 6/22/2026. (Attachments: #1 Affidavit, #2 Exhibit, #3 Exhibit)(Lemus, Arno) |
| Filing 5 NOTICE of Filing Exhibits by A.G.T., A.M.C., A.M.R.G., C.O.T.M., D.A.S., D.M.F., E.J.C., E.M.M.R., M.C.A., M.R.H., P.R.S.G., R.A.G.A., R.K.G., R.O.G.R., R.P.R., R.R., S.R.C., T.M.J.F., Y.P.R. re #1 Complaint, (Attachments: #1 Exhibit) (Lemus, Arno) |
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Filing 4
PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated per-sons, firms, partnerships, or corporations that have a financial interest in the out-come of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/JB_RevisedTemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guide-lines set forth in the Court's Template Scheduling Order may result in the Court set-ting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 6. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra on 4/17/2026. (cfz)
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| Filing 3 Summons Issued as to Derek D. Barrs, Sean P. Duffy, Federal Motor Carrier Safety Administration, Florida Highway Safety and Motor Vehicles, Dave Kerner, U.S. Department of Transportation, U.S. Attorney and U.S. Attorney General (blc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (blc) |
| Filing 1 COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19432985, filed by R.K.G.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s), #7 Summon(s))(Lemus, Arno) |
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