Buongiorno v. Secretary of the United States Department of Homeland Security et al
| Jeffrey Buongiorno |
| Palm Beach County, Florida Commissioner for District 2, Secretary for the Florida Department of Children and Families, Mi Familia Vota, Palm Beach County, Florida Commissioner for District 1, Director of Division of Elections, Alternate Member of the Palm Beach County Election Canvassing Board, Secretary of State of Florida, Palm Beach County Supervisor of Elections, Palm Beach County Election Canvassing Board, Florida Attorney General, Sheriff Ric Bradshaw and Director David Kerner |
| 9:2024cv80920 |
| July 30, 2024 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Civil Rights: Voting |
| 18 U.S.C. § 0241 Conspiracy Against Citizen Rights |
| None |
Docket Report
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| Set/Reset Response/Answer Due Deadline per DE 58 Order. Alternate Member of the Palm Beach County Election Canvassing Board response/answer due 10/3/2024; Ric Bradshaw response/answer due 10/3/2024; Commissioner of the Social Security Administration response/answer due 10/3/2024; Director of Division of Elections response/answer due 10/3/2024; Florida Attorney General response/answer due 10/3/2024; David Kerner response/answer due 10/3/2024; Mi Familia Vota response/answer due 10/3/2024; Palm Beach County Election Canvassing Board(Laura Burke) response/answer due 10/3/2024; Palm Beach County Election Canvassing Board(April Bristow) response/answer due 10/3/2024; Palm Beach County Supervisor of Elections response/answer due 10/3/2024; Palm Beach County, Florida Commissioner for District 1 response/answer due 10/3/2024; Palm Beach County, Florida Commissioner for District 2 response/answer due 10/3/2024; Secretary for the Florida Department of Children and Families response/answer due 10/3/2024; Secretary of State of Florida response/answer due 10/3/2024; Secretary of the United States Department of Homeland Security response/answer due 10/3/2024. (amb) |
Filing 58
PAPERLESS ORDER granting the State official Defendants' #55 Motion for Extension of Time to Respond to Plaintiff's #42 Second Amended Complaint, and #56 Motion for Extension of Time to Respond to Plaintiff's #48 Amended Motion for Temporary Restraining Order. On or before October 3, 2024, Defendants shall file a combined response or individual answers to Plaintiff's Second Amended Complaint, as well as a combined response in opposition to Plaintiff's Amended TRO motion #48 . Signed by Judge Aileen M. Cannon on 9/26/2024. (bbk)
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| Filing 57 Plaintiff's Response in Opposition to Motion for Extension of Time to Respond re #55 First MOTION for Extension of Time To Respond to Second Amended Complaint re #42 Amended Complaint/Amended Notice of Removal filed by Jeffrey Buongiorno. Replies due by 10/2/2024. (pc) |
| Filing 56 First MOTION for Extension of Time to File Response/Reply/Answer as to #48 MOTION for Temporary Restraining Order by Director of Division of Elections, Florida Attorney General, David Kerner, Secretary for the Florida Department of Children and Families, Secretary of State of Florida. (Newhall, Timothy) |
| Filing 55 First MOTION for Extension of Time To Respond to Second Amended Complaint re #42 Amended Complaint/Amended Notice of Removal,,, by Director of Division of Elections, Florida Attorney General, David Kerner, Secretary for the Florida Department of Children and Families, Secretary of State of Florida. Responses due by 10/8/2024. (Newhall, Timothy) |
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Filing 54
ORDER TERMINATING SECRETARY MAYORKAS AND SOCIAL SECURITY COMMISSIONER O'MALLEY AS DEFENDANTS IN THIS MATTER Dismissing Party Commissioner of the Social Security Administration (Martin O'Malley) and Secretary of the United States Department of Homeland Security (Alejandro Mayorkas) re #50 Notice of Voluntary Dismissal Signed by Judge Aileen M. Cannon on 9/24/2024. See attached document for full details. (pc)
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| Filing 53 NOTICE of Attorney Appearance by Barry Adam Postman on behalf of Mi Familia Vota. Attorney Barry Adam Postman added to party Mi Familia Vota(pty:dft). (Postman, Barry) |
| Filing 52 NOTICE of Attorney Appearance by Jeremy Franklin Goldstein on behalf of Mi Familia Vota. Attorney Jeremy Franklin Goldstein added to party Mi Familia Vota(pty:dft). (Goldstein, Jeremy) |
| Set Response/Answer Due Deadline: Alternate Member of the Palm Beach County Election Canvassing Board,Ric Bradshaw, Commissioner of the Social Security Administration; Director of Division of Elections; Florida Attorney General; David Kerner; Mi Familia Vota; Palm Beach County Election Canvassing Board (Laura Burke); Palm Beach County Election Canvassing Board (April Bristow); Palm Beach County Supervisor of Elections; Palm Beach County, Florida Commissioner for District 1; Palm Beach County, Florida Commissioner for District 2; Secretary for the Florida Department of Children and Families; Secretary of State of Florida; Secretary of the United States Department of Homeland Security response/answer due 9/30/2024. per DE 51 . (pc) |
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Filing 51
PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to Plaintiff's #42 Second Amended Complaint. In accordance with the Court's Order #9 Requiring Combined Responses, Defendants shall file a combined response or individual answers to Plaintiff's #42 Second Amended Complaint on or before September 30, 2024. Signed by Judge Aileen M. Cannon 9/22/2024. (bbk)
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| Filing 50 NOTICE of Voluntary Dismissal by Jeffrey Buongiorno. (amb) |
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Filing 49
PAPERLESS ORDER: The Court has reviewed the docket and determined that service has not been properly effectuated as to Defendant Alejandro Mayorkas, Secretary of the United States Department of Homeland Security. See Fed. R. Civ. P. Rule 4(i). Plaintiff's deadline to complete proper service remains October 28, 2024. Signed by Judge Aileen M. Cannon 9/19/2024. (bbk)
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| Filing 48 Plaintiff's Amended Motion for Temporary Restraining Order by Jeffrey Buongiorno. Responses due by 9/27/2024. (pc) (Additional attachment(s) added on 9/13/2024: #1 Exhibit) (pc). |
| Filing 47 NOTICE of Attorney Appearance by David K. Markarian on behalf of Palm Beach County Supervisor of Elections. Attorney David K. Markarian added to party Palm Beach County Supervisor of Elections(pty:dft). (Markarian, David) |
| Filing 46 NOTICE of Attorney Appearance by Thomas Edward Jablonski on behalf of Palm Beach County, Florida Commissioner for District 1, Palm Beach County, Florida Commissioner for District 2 (Jablonski, Thomas) |
| Filing 45 NOTICE of Attorney Appearance by James Orrin Williams, Jr on behalf of Ric Bradshaw. Attorney James Orrin Williams, Jr added to party Ric Bradshaw(pty:dft). (Williams, James) |
| Filing 44 Clerk's Notice of Docket Correction re #42 Amended Complaint/Amended Notice of Removal,. Correction Other. (attached incorrect document in error, corrected) (pc) |
| Filing 43 SUMMONS (Affidavit) Returned Executed on #17 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. David Kerner served on 8/23/2024, response/answer due 9/13/2024. (pc) |
| Filing 42 SECOND AMENDED COMPLAINT against Alternate Member of the Palm Beach County Election Canvassing Board, Ric Bradshaw, Commissioner of the Social Security Administration, Director of Division of Elections, Florida Attorney General, David Kerner, Mi Familia Vota, Palm Beach County Election Canvassing Board(Laura Burke), Palm Beach County Election Canvassing Board(April Bristow), Palm Beach County Supervisor of Elections, Palm Beach County, Florida Commissioner for District 1, Palm Beach County, Florida Commissioner for District 2, Secretary for the Florida Department of Children and Families, Secretary of State of Florida, Secretary of the United States Department of Homeland Security filed in response to Order Granting Motion for Leave, filed by Jeffrey Buongiorno.(pc) (Main Document 42 replaced on 9/4/2024) (pc). |
| Filing 41 NOTICE of Attorney Appearance by Timothy Leeds Newhall on behalf of Director of Division of Elections, Florida Attorney General, David Kerner, Secretary for the Florida Department of Children and Families, Secretary of State of Florida. Attorney Timothy Leeds Newhall added to party Director of Division of Elections(pty:dft), Attorney Timothy Leeds Newhall added to party Florida Attorney General(pty:dft), Attorney Timothy Leeds Newhall added to party David Kerner(pty:dft), Attorney Timothy Leeds Newhall added to party Secretary for the Florida Department of Children and Families(pty:dft), Attorney Timothy Leeds Newhall added to party Secretary of State of Florida (pty:dft). (Newhall, Timothy) |
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Filing 40
PAPERLESS ORDER: In light of #39 Order Dismissing Shotgun Complaint and Permitting Repleading, Plaintiff's Motions #16 #28 #29 #38 are DENIED AS MOOT. Plaintiff shall cease filing additional motions for injunctive relief until he has filed a proper amended pleading consistent with the Court's Order #39 . Signed by Judge Aileen M. Cannon on 8/23/2024. (tci)
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Filing 39
ORDER Dismissing Shotgun Complaint; Permitting Repleading; And Denying Motions As Moot. Second Amended Complaint due by 9/3/2024. Signed by Judge Aileen M. Cannon on 8/23/2024. See attached document for full details. (kpe)
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| Filing 38 MOTION to Allow Filing of Proposed Order for Temporary Restraining Order by Jeffrey Buongiorno. (Attachments: #1 Text of Proposed Order)(kpe) |
| Filing 37 Summons Issued as to David Kerner. (pc) |
| Filing 36 SUMMONS (Affidavit) Returned Executed on #17 Amended Complaint/Amended Notice of Removal,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Ric Bradshaw served on 8/20/2024, response/answer due 9/10/2024. (pc) |
| Filing 35 SUMMONS (Affidavit) Returned Executed by Jeffrey Buongiorno. Secretary of the United States Department of Homeland Security served on 8/7/2024, response/answer due 10/7/2024. (pc) |
| Filing 34 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Palm Beach County Supervisor of Elections served on 8/20/2024, response/answer due 9/10/2024. (pc) |
| Filing 33 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Alternate Member of the Palm Beach County Election Canvassing Board served on 8/20/2024, response/answer due 9/10/2024. (pc) |
| Filing 32 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Palm Beach County Election Canvassing Board(Laura Burke) served on 8/21/2024, response/answer due 9/11/2024. (pc) |
| Filing 31 Clerk's Notice of Filing Deficiency Re: #29 MOTION for Temporary Restraining Order filed by Jeffrey Buongiorno. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (Did not have wet signature) (pc) |
| Filing 30 Clerk's Notice of Docket Correction re #29 MOTION for Temporary Restraining Order. Correction Other. Exhibit added in error. (pc) |
| Filing 29 Plaintiff's Motion to Allow Filing of Proposed Order for Temporary Restraining Order by Jeffrey Buongiorno. Responses due by 9/5/2024. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(pc) |
| Filing 28 Plaintiff's Amended Motion for Temporary Restraining Order re #16 Motion for Temporary Restraining Order by Jeffrey Buongiorno. Responses due by 9/3/2024. (pc) Modified text/link on 8/20/2024 (pc). |
| Filing 27 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Palm Beach County Election Canvassing Board(April Bristow) served on 8/16/2024, response/answer due 9/6/2024. (pc) Modified text on 8/22/2024 (pc). |
| Filing 26 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Palm Beach County, Florida Commissioner for District 1 served on 8/13/2024, response/answer due 9/3/2024. (pc) |
| Filing 25 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Secretary of State of Florida served on 8/7/2024, response/answer due 8/28/2024. (pc) |
| Filing 24 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Director of Division of Elections served on 8/7/2024, response/answer due 8/28/2024. (pc) |
| Filing 23 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Palm Beach County, Florida Commissioner for District 2 served on 8/13/2024, response/answer due 9/3/2024. (pc) |
| Filing 22 SUMMONS (Affidavit) Returned Executed by Jeffrey Buongiorno. Commissioner of the Social Security Administration served on 8/6/2024, response/answer due 10/7/2024. (pc) |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Mi Familia Vota served on 8/13/2024, response/answer due 9/3/2024. (pc) |
| Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Florida Attorney General served on 8/7/2024, response/answer due 8/28/2024. (pc) |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jeffrey Buongiorno. Secretary for the Florida Department of Children and Families served on 8/7/2024, response/answer due 8/28/2024. (pc) |
| Filing 18 Summons Issued as to Ric Bradshaw, David Kerner. (pc) |
| Filing 17 AMENDED COMPLAINT against Alternate Member of the Palm Beach County Election Canvassing Board, Commissioner of the Social Security Administration, Director of Division of Elections, Florida Attorney General, Mi Familia Vota, Palm Beach County Election Canvassing Board(Laura Burke), Palm Beach County Election Canvassing Board(April Bristow), Palm Beach County Supervisor of Elections, Palm Beach County, Florida Commissioner for District 1, Palm Beach County, Florida Commissioner for District 2, Secretary for the Florida Department of Children and Families, Secretary of State of Florida, Secretary of the United States Department of Homeland Security, filed by Jeffrey Buongiorno.(pc) |
| Filing 16 Plaintiff's Motion for Temporary Restraining Order by Jeffrey Buongiorno. Responses due by 9/3/2024. (pc) |
| Filing 15 Plaintiff's Motion for Preliminary Injunction by Jeffrey Buongiorno. (pc) |
| Filing 14 NOTICE of Attorney Appearance by Thomas Edward Jablonski on behalf of Palm Beach County, Florida Commissioner for District 1, Palm Beach County, Florida Commissioner for District 2. Attorney Thomas Edward Jablonski added to party Palm Beach County, Florida Commissioner for District 1(pty:dft), Attorney Thomas Edward Jablonski added to party Palm Beach County, Florida Commissioner for District 2(pty:dft). (Jablonski, Thomas) |
| Filing 13 NOTICE of Attorney Appearance by Ashley Davis on behalf of Secretary of State of Florida. Attorney Ashley Davis added to party Secretary of State of Florida (pty:dft). (Davis, Ashley) |
| Filing 12 NOTICE of Attorney Appearance by Joseph Scott Van de Bogart on behalf of Secretary of State of Florida. Attorney Joseph Scott Van de Bogart added to party Secretary of State of Florida (pty:dft). (Van de Bogart, Joseph) |
| Filing 11 Summons Issued as to Alternate Member of the Palm Beach County Election Canvassing Board, Mi Familia Vota, Palm Beach County Election Canvassing Board(Laura Burke), Palm Beach County Election Canvassing Board(April Bristow), Palm Beach County, Florida Commissioner for District 1, Palm Beach County, Florida Commissioner for District 2, Secretary for the Florida Department of Children and Families. (scn) |
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Filing 10
PAPERLESS ORDER DENYING Plaintiff's Motion allowing Pro Se Litigant to Participate in Electronic Filing #4 . Pro se litigants are not permitted to file electronically pursuant to pursuant to Section 2C of the CM/ECF Administrative Procedures. See Fla. S.D. CM/ECF Admin. Pro. 2C. Signed by Judge Aileen M. Cannon on 7/31/2024. (mdo)
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Filing 9
Order Requiring Combined Responses Signed by Judge Aileen M. Cannon on 7/31/2024. See attached document for full details. (pc)
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Filing 8
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 7/30/2024. (mdo)
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| Filing 7 Summons Issued as to Director of Division of Elections, Florida Attorney General, Palm Beach County Supervisor of Elections, Secretary of State of Florida. (scn) |
| Filing 6 Summons Issued as to Commissioner of the Social Security Administration, Secretary of the United States Department of Homeland Security, Social Security Administration.(scn) |
| Filing 5 Clerks Notice of Receipt of Filing Fee received on 7/30/2024 in the amount of $ 405.00, receipt number 3532 (scn) |
| Filing 4 MOTION to Participate in Electronic Filing by Jeffrey Buongiorno. (scn) |
| Filing 3 Consent by Pro Se Litigant (Non-Prisoner) Jeffrey Buongiorno to receive Notices of Electronic Filing at email address: [email protected] (scn) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (scn) |
| Filing 1 COMPLAINT against Alternate Member of the Palm Beach County Election Canvassing Board, Commissioner of the Social Security Administration, Director of Division of Elections, Florida Attorney General, Mi Familia Vota, Palm Beach County Election Canvassing Board(Laura Burke), Palm Beach County Election Canvassing Board(April Bristow), Palm Beach County Supervisor of Elections, Palm Beach County, Florida Commissioner for District 1, Palm Beach County, Florida Commissioner for District 2, Secretary for the Florida Department of Children and Families, Secretary of State of Florida, Secretary of the United States Department of Homeland Security. Filing fees $ 405.00, filed by Jeffrey Buongiorno. (Attachments: #1 Civil Cover Sheet)(scn) |
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