Plaintiff: Anonymized Party [3BDAF1D], Anonymized Party [7844CEB], Anonymized Party [84AC680], Anonymized Party [BF2DD75], Anonymized Party [F944628], Arthenia L. Joyner, Brenda Shapiro, Florida Immigrant Coalition, Inc., Joshua Simmons, Luis Meurice, Mike Suarez, The American Civil Liberties Union of Florida, Inc
OMNIBUS ORDER GRANTING MOTIONS TO DISMISS. Closing Case. Motions Terminated: 96 Plaintiff's MOTION for Reconsideration filed by 3BDAF1D. Signed by Judge Marcia G. Cooke on 5/30/2018. (ase) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
ENDORSED ORDER granting 106 the motion to withdraw Jarred L. Reiling as counsel for The American Civil Liberties Union of Florida, Inc. Signed by Magistrate Judge Jonathan Goodman on 4/23/2018. (jf00)
MOTION to Withdraw as Attorney by Jarred L. Reiling. by The American Civil Liberties Union of Florida, Inc. Responses due by 5/4/2018 (Attachments: # 1 Text of Proposed Order to Withdraw JLR as Counsel)(Greenberg, Gerald)
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; denying 69 Emergency Motion/Certification of Emergency ; overruling 101 Appeal/Objection of Magistrate Judge Order to District Court Signed by Judge Marcia G. Cooke on 3/19/2018. (tm)
REPLY to Response to Motion re 87 MOTION TO DISMISS 65 Amended Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 65 Amended Complaint, filed by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. (Wolfe, Kristina)
REPLY to Response to Motion re 86 Defendant's MOTION to Dismiss for Lack of Jurisdiction 65 Amended Complaint, or in the alternative MOTION TO DISMISS 65 Amended Complaint, FOR FAILURE TO STATE A CLAIM filed by Ken Detzner. (Fugett, David)
RESPONSE in Opposition re 101 Plaintiff's OBJECTION of Magistrate Judge 97 REPORT AND RECOMMENDATIONS re 69 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached filed by F944628, Florida Immigrant Coalition, Inc., 84AC680 filed by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. Replies due by 2/27/2018. (Borson, Joseph)
Plaintiff's OBJECTION of Magistrate Judge 97 REPORT AND RECOMMENDATIONS re 69 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached filed by F944628, Florida Immigrant Coalition, Inc., 84AC680, The American Civil Liberties Union of Florida, Inc, to District Court and Alternative Motion to Compel Compliance with January 18, 2018 Order [ECF No. 83] (Burton, Marc)
RESPONSE to Motion re 87 MOTION TO DISMISS 65 Amended Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 65 Amended Complaint, filed by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Replies due by 2/16/2018. (Burton, Marc)
RESPONSE to Motion re 86 Defendant's MOTION to Dismiss for Lack of Jurisdiction 65 Amended Complaint, or in the alternative MOTION TO DISMISS 65 Amended Complaint, FOR FAILURE TO STATE A CLAIM and Supporting Memorandum of Law filed by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Replies due by 2/16/2018. (Attachments: # 1 Exhibit 1 - Statement by the Press Secretary on the PACEI, # 2 Exhibit 2 - Trump Disbands Commission on Voter Fraud)(Greenberg, Gerald)
RESPONSE in Opposition re 96 Plaintiff's MOTION for Reconsideration filed by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. Replies due by 2/14/2018. (Attachments: # 1 Exhibit A)(Borson, Joseph)
REPORT AND RECOMMENDATIONS re 69 Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Magistrate Judge Jonathan Goodman on 2/6/2018. (jf00)
REPLY to Response to Motion re 69 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached (Omnibus) filed by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. (Attachments: # 1 Exhibit "A" - 1/5/18 Email from David Fugett to Skip Pita, # 2 Exhibit "B" - 1/12/18 Email from DOJ to Counsel for Matthew Dunlap)(Burton, Marc)
ENDORSED ORDER granting Federal Defendants' 60 Motion for Protective Order. Given Plaintiffs' lack of response in opposition, as well as the dissolution of the Commission and the procedural posture of this case, discovery in this matter shall be stayed pending resolution of Defendants' 86 87 Motions to Dismiss, or further Order of this Court. Signed by Judge Marcia G. Cooke on 2/1/2018. (ase)
ENDORSED ORDER granting Federal Defendants' 92 Unopposed Motion for Clarification. The 91 Endorsed Order, entered January 31, 2018, did not grant Defendants' an extension of time to file replies to their respective 86 87 Motions to Dismiss. I will, however, also construe the instant 92 Motion for Clarification as a motion for extension of time and grant all Defendants until February 23, 2018 to file any reply briefs in support of their 86 87 Motions to Dismiss. Signed by Judge Marcia G. Cooke on 2/1/2018. (ase)
Unopposed MOTION for clarification 91 Order on Motion for Extension of Time, by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. Responses due by 2/14/2018 (Attachments: # 1 Text of Proposed Order)(Federighi, Carol)
ENDORSED ORDER granting Plaintiffs' 90 Unopposed Motion for Extension of Time. Plaintiffs shall respond to Federal Defendants' 87 Motion to Dismiss and State Defendant's 86 Motion to Dismiss on or before February 9, 2018. Signed by Judge Marcia G. Cooke on 1/31/2018. (ase)
Agreed MOTION for Extension of Time for a seven (7) day extension through February 9, 2018 for Plaintiffs to file their responses to Defendants' motions to dismiss by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Responses due by 2/14/2018 (Attachments: # 1 Text of Proposed Order)(Blank, Jason)
RESPONSE in Opposition re 69 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached (Amended Opposition) filed by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. Replies due by 2/2/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Borson, Joseph)
SUPPLEMENT to 60 MOTION for Protective Order to Stay Discovery by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity (Borson, Joseph)
MOTION TO DISMISS 65 Amended Complaint, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction 65 Amended Complaint, ( Responses due by 2/2/2018) by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. (Attachments: # 1 Text of Proposed Order)(Borson, Joseph)
Defendant's MOTION to Dismiss for Lack of Jurisdiction 65 Amended Complaint, or in the alternative, MOTION TO DISMISS 65 Amended Complaint, FOR FAILURE TO STATE A CLAIM ( Responses due by 2/2/2018) by Ken Detzner. (Fugett, David)
ORDER re 84 Order,,,,,,,,, regarding briefing.When the Federal Defendants file their declaration on January 26, 2018, they shall also file an amended response to the emergency motion for a TRO. The amended submission will address the new points raised in the declaration. This will promote efficiency, lead to a more-comprehensive understanding of the Parties' positions and avoid the need for additional briefing.This amended response is the one which Plaintiffs will address in their reply. Signed by Magistrate Judge Jonathan Goodman on 1/19/2018. (JG)
ORDER re 83 Order, 76 MOTION to Amend/Correct 71 Order dated January 8, 2018 filed by Tim Horne, Executive Office of the Vice President of the United States, Presidential Advisory Commission on Election Integrity, Mick Mulvaney, Executive Office of the President of the United States, Michael Pence, 79 Response in Opposition to Motion filed by Ken Detzner, 78 Response in Opposition to Motion, filed by F944628, Florida Immigrant Coalition, Inc., 84AC680, The American Civil Liberties Union of Florida, Inc, 3BDAF1D, BF2DD75, 7844CEB, 82 Response in Opposition to Motion, filed by Tim Horne, Executive Office of the Vice President of the United States, Presidential Advisory Commission on Election Integrity, Mick Mulvaney, Executive Office of the President of the United States, Michael Pence, 69 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached filed by F944628, Florida Immigrant Coalition, Inc., 84AC680, The American Civil Liberties Union of Florida, Inc, 3BDAF1D, BF2DD75, 7844CEB, 81 APPEAL of Magistrate Judge 80 Order on Motion to Amend/Correct,, to District Court , 80 Order on Motion to Amend/Correct,, 71 Order This Order arises from Judge Cooke's Order on Federal Defendants' Appeal of Magistrate Judge's Order [ECF No. 83], which was entered earlier today. That Order requires the Federal Defendants to file an additional declaration (as opposed to a mere letter) because the Court deemed it "necessary to render an informed decision on Plaintiffs' Emergency Motion" for a TRO.Given that ruling, the Undersigned wants to promote efficiency and prevent unnecessary briefing. Specifically, the Undersigned believes it makes sense to give Plaintiffs the opportunity to first review the required declaration before filing their reply in further support of the Emergency Motion for a TRO. If this schedule were not followed, then it is likely that Plaintiffs would request leave to file an additional sur-reply memorandum to address the declaration filed after their reply. Therefore, the Federal Defendants shall file the declaration by January 26, 2018 and Plaintiffs shall file their reply by February 2, 2018. Signed by Magistrate Judge Jonathan Goodman on 1/18/2013. (JG)
ORDER ON FEDERAL DEFENDANTS' APPEAL OF MAGISTRATE JUDGE'S ORDER granting in part and denying in part 79 Response in Opposition to Motion filed by Ken Detzner Signed by Judge Marcia G. Cooke on 1/18/2018. (tm)
RESPONSE in Opposition re 69 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached filed by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. Replies due by 1/23/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Wolfe, Kristina)
APPEAL of Magistrate Judge 80 Order on Motion to Amend/Correct,, to District Court (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Wolfe, Kristina)
ENDORSED ORDER denying 76 the Federal Defendants' Motion to Amend/Correct the Undersigned's January 8, 2018 Order. However, the Undersigned slightly modifies the briefing deadline in recognition of the fact that Monday, January 15, 2018 is an official federal holiday and the Court is closed. Therefore, the response from the Federal Defendants -- the State Defendants already filed their response today, early, before the initial deadline expired -- to the emergency motion for a temporary restraining order will now be due on Tuesday, January 16, 2018, and Plaintiffs' optional reply will be due on Friday, January 19, 2018. Signed by Magistrate Judge Jonathan Goodman on 1/12/2018. (jf00)
RESPONSE in Opposition re 69 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached filed by Ken Detzner. Replies due by 1/19/2018. (Fugett, David)
RESPONSE in Opposition re 76 MOTION to Amend/Correct 71 Order dated January 8, 2018 filed by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Replies due by 1/19/2018. (Attachments: # 1 Exhibit "A" - Andrew Kossack Email, Dated 1/3/18)(Burton, Marc)
ENDORSED ORDER requiring Plaintiffs to respond to the Federal Defendants' Motion to Amend 76 by January 12, 2018. The response is limited to 2 double-spaced pages (excluding signatures and the certificate of service). No reply is permitted absent further court order. Signed by Magistrate Judge Jonathan Goodman on 1/11/2018. (jf00)
MOTION to Amend/Correct 71 Order dated January 8, 2018 by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. Responses due by 1/25/2018 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Wolfe, Kristina)
ENDORSED ORDER granting 72 the Federal Defendants' motion for leave to file excess pages. The Federal Defendants may submit a memorandum in opposition to Plaintiffs' emergency motion for a temporary restraining order and for a preliminary injunction 69 that includes no more than 35 double-spaced pages (excluding certificate of service and signatures). Signed by Magistrate Judge Jonathan Goodman on 1/10/2018. (jf00)
ENDORSED ORDER granting Federal Defendants' 73 Unopposed Motion for Leave to File Excess Pages. The Federal Defendants may submit a memorandum of law in support of their motion to dismiss that includes no more than forty (40) substantive pages. The Federal Defendants may submit a reply memorandum in further support of their motion to dismiss that includes no more than thirty (30) pages. Signed by Judge Marcia G. Cooke on 1/10/2018. (ase)
Unopposed MOTION for Leave to File Excess Pages in Support of Motion to Dismiss Amended Complaint by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina)
Unopposed MOTION for Leave to File Excess Pages in Opposition to Plaintiffs' Emergency Motion by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina)
ENDORSED ORDER REFERRING MOTION. Plaintiffs' 69 Emergency Motion for Temporary Restraining Order and Preliminary Injunction is referred to the Honorable Jonathan Goodman. Signed by Judge Marcia G. Cooke on 1/8/2018. (ase)
Plaintiff's EMERGENCY MOTION with Certification of Emergency attached by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Responses due by 1/19/2018 (Attachments: # 1 Certification Certification of Emergency, # 2 Exhibit "A" - Kris Kobach Email to Gene Hamilton, # 3 Exhibit "B" - Kris Kobach Draft Amendments to NVRA, # 4 Exhibit "C" - Kris Kobach Strategic Plan for Department of Homeland Security, # 5 Exhibit "D" - First Executive Order, # 6 Exhibit "E" - Commission Charter, # 7 Exhibit "F" - Readout of Call with Vice President, # 8 Exhibit "G" - Declaration of Matthew Dunlap, # 9 Exhibit "H" - June 28, 2017 Letter from Presidential Advisory Commission on Election Integrity to Florida Secretary of State, # 10 Exhibit "I" - Screenshot of Unsecure Website, # 11 Exhibit "J" - Declaration of Kris Kobach, # 12 Exhibit "K" - Declaration of Andrew Kossack, # 13 Exhibit "L" - Memorandum Opinion in Dunlap v. Presidential Advisory Commission on Election Integrity, # 14 Exhibit "M" - White House Press Release, # 15 Exhibit "N" - Breitbart Article, # 16 Exhibit "O" - Associated Press / U.S. News Article, # 17 Exhibit "P" - Politico Article, # 18 Exhibit "Q" - New York Times Article, # 19 Exhibit "R" - Plaintiff Affidavits, # 20 Exhibit "S" - Composite of Tweets by President Trump, # 21 Exhibit "T" - July 6, 2017 Letter from Florida Secretary of State to Presidential Advisory Commission on Election Integrity, # 22 Exhibit "U" - Declaration of Charles C. Herndon, # 23 Text of Proposed Order)(Burton, Marc)
NOTICE by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity of Executive Order (Federighi, Carol)
ENDORSED ORDER denying as moot Federal Defendants' 53 Motion to Dismiss in light of Plaintiffs' 65 Amended Complaint. Signed by Judge Marcia G. Cooke on 1/3/2018. (ase)
ENDORSED ORDER denying as moot Defendant Ken Detzner's 38 Motion to Dismiss for Failure to State a Claim in light of Plaintiffs' 65 Amended Complaint. Signed by Judge Marcia G. Cooke on 1/3/2018. (ase)
First AMENDED COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF against All Defendants filed in response to Order Granting Motion for Leave, filed by The American Civil Liberties Union of Florida, Inc, 7844CEB, Florida Immigrant Coalition, Inc., F944628, 3BDAF1D, 84AC680, BF2DD75. (Attachments: # 1 Exhibit Exhibits to Amended COmplaint)(Kuehne, Benedict)
ENDORSED ORDER Directing Compliance with Order. On December 11, 2017, this Court ordered Plaintiffs to file and serve their Amended Complaint "forthwith." To date, Plaintiffs have, at a minimum, failed to file their Amended Complaint. Plaintiffs are therefore directed to file and serve their Amended Complaint on or before January 3, 2018. Failure to do so may result in sanctions. Signed by Judge Marcia G. Cooke on 12/29/2017. (ase)
ENDORSED ORDER granting in part and denying in part 61 Plaintiffs' Unopposed Motion to Amend Complaint and Setting Scheduling for Defendants' Responses. The Amended Complaint attached to Plaintiffs' 61 Motion shall be separately filed and served forthwith. The Defendants' responses to the Amended Complaint shall be due on or before January 19, 2018. Additionally, the time for Defendants' to respond and object to the pending discovery served by Plaintiffs is January 19, 2018. Signed by Judge Marcia G. Cooke on 12/11/2017. (ase)
NOTICE by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc re 61 Unopposed MOTION to Amend/Correct 1 Complaint,,, with Motion to File Amendment One Day Out-of-Time Corrected Proposed Order (Attachments: # 1 Text of Proposed Order Order Granting Motion to Amend Complaint and Setting Scheduling for Response) (Kuehne, Benedict)
Unopposed MOTION to Amend/Correct 1 Complaint,,, with Motion to File Amendment One Day Out-of-Time by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Responses due by 12/27/2017 (Attachments: # 1 Text of Proposed Order Order on Unopposed Motion to Amend Complaint, # 2 Exhibit Amended Complaint, # 3 Exhibit Exhibits to Amended Complaint)(Kuehne, Benedict)
MOTION for Protective Order to Stay Discovery by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Federighi, Carol)
REPLY to Response to Motion re 53 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint,,, MOTION TO DISMISS 1 Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. (Wolfe, Kristina)
RESPONSE in Opposition re 53 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint,,, MOTION TO DISMISS 1 Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Replies due by 11/20/2017. (Kuehne, Benedict)
ENDORSED ORDER granting Plaintiff's 56 Unopposed Motion for Extension of Time. Plaintiff shall respond to Federal Defendants' 53 Motion to Dismiss on or before November 13, 2017. Federal Defendants' shall file their reply in support of their 53 Motion to Dismiss on or before December 1, 2017. No further extensions of time will be granted absent extraordinary circumstances. Signed by Judge Marcia G. Cooke on 11/3/2017. (ase)
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 53 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint,,, MOTION TO DISMISS 1 Complaint,,, FOR FAILURE TO STATE A CLAIM by 3BDAF1D. (Attachments: # 1 Text of Proposed Order Proposed Order)(Pita, Howard)
Statement of: Defendants Re Designation of Mediator by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity re 52 Scheduling Order, Order Referring Case to Mediation,,,,,,,, (Federighi, Carol)
MOTION to Dismiss for Lack of Jurisdiction 1 Complaint,,, , MOTION TO DISMISS 1 Complaint,,, FOR FAILURE TO STATE A CLAIM ( Responses due by 11/3/2017) by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina)
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL DEADLINES: ( Bench Trial set for 8/20/2018 09:30 AM in Miami Division before Judge Marcia G. Cooke., Calendar Call set for 8/15/2018 03:00 PM in Miami Division before Judge Marcia G. Cooke., Amended Pleadings due by 12/8/2017., Expert Discovery due by 4/20/2018., Fact Discovery due by 3/9/2018., Joinder of Parties due by 12/8/2017., Final proposed jury instructions and verdict form Deadline 8/10/2018., In Limine Motions due by 7/13/2018., Dispositive Motions due by 3/16/2018., Daubert and Markman Motions due by 4/27/2018., Pretrial Stipulation due by 7/13/2018.), ORDER REFERRING CASE to Mediation. Mediation Deadline 5/4/2018. Signed by Judge Marcia G. Cooke on 10/16/2017. (tm) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
ENDORSED ORDER granting Federal Defendants' 50 Unopposed Motion for Leave to File Excess Pages. The Federal Defendants may submit a memorandum of law in support of their motion to dismiss that includes no more than thirty-five (35) substantive pages. The Federal Defendants may submit a reply memorandum in further support of their motion to dismiss that includes no more than twenty-five (25) pages. Signed by Judge Marcia G. Cooke on 10/12/2017. (ase)
Unopposed MOTION for Leave to File Excess Pages by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. (Attachments: # 1 Text of Proposed Order)(Wolfe, Kristina)
NOTICE by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc re 48 SCHEDULING REPORT - Rule 26(f)/16.1, Updated Exhibit C (Attachments: # 1 Exhibit Attachment C to Joint Scheduling Report - Election to Magistrate Jurisdiction) (Kuehne, Benedict)
Attachment 1 Exhibit Attachment C to Joint Scheduling Report - Election to Magistrate Jurisdi
Joint SCHEDULING REPORT - Rule 16.1 by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc (Attachments: # 1 Exhibit Attachment A: Pretrial Deadlines, Pretrial COnference, and Trial Date, # 2 Exhibit Election to Jurisdiction by U.S. Magistrate Judge, # 3 Text of Proposed Order Joint Proposed Scheduling Order)(Kuehne, Benedict)
NOTICE of Attorney Appearance by Kristina Ana Wolfe on behalf of Ken Detzner, Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. Attorney Kristina Ana Wolfe added to party Ken Detzner(pty:dft), Attorney Kristina Ana Wolfe added to party Executive Office of the President of the United States(pty:dft), Attorney Kristina Ana Wolfe added to party Executive Office of the Vice President of the United States(pty:dft), Attorney Kristina Ana Wolfe added to party Tim Horne(pty:dft), Attorney Kristina Ana Wolfe added to party Kris Kobach(pty:dft), Attorney Kristina Ana Wolfe added to party Mick Mulvaney(pty:dft), Attorney Kristina Ana Wolfe added to party Michael Pence(pty:dft), Attorney Kristina Ana Wolfe added to party Presidential Advisory Commission on Election Integrity(pty:dft). (Wolfe, Kristina)
ENDORSED ORDER denying the Parties' 44 Joint Motion to Stay Filing of Joint Scheduling Report. A district court has broad discretion in determining whether a stay is appropriate. Clinton v. Jones, 520 U.S. 681, 706 (1997). A stay in this case at this time would not conserve judicial resources. In the event that I do not grant the Defendants' motions to dismiss, this action will be significantly behind schedule. The Parties must still file a Joint Scheduling Report while briefing on the motions is completed and while the Court considers and disposes of those motions. The Parties shall file their Joint Scheduling Report on or before September 29, 2017. Signed by Judge Marcia G. Cooke on 9/22/2017. (ase)
Joint MOTION to Stay re 33 Order Requiring Joint Scheduling Report, 40 Order on Motion for Extension of Time for 21 Days Following Ruling on Motions to Dismiss by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Responses due by 10/4/2017 (Attachments: # 1 Text of Proposed Order Order Granting Stay of Joint Scheduling Report)(Kuehne, Benedict)
Attachment 1 Text of Proposed Order Order Granting Stay of Joint Scheduling Report
RESPONSE to Motion re 38 MOTION TO DISMISS 1 Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Replies due by 9/25/2017. (Greenberg, Gerald)
ENDORSED ORDER granting 41 Plaintiffs' Unopposed Motion for Extension of Time. Plaintiffs shall file their response to Defendant Detzner's 38 Motion to Dismiss on or before September 8, 2017. Signed by Judge Marcia G. Cooke on 8/25/2017. (ase)
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 38 MOTION TO DISMISS 1 Complaint,,, FOR FAILURE TO STATE A CLAIM by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. (Attachments: # 1 Text of Proposed Order Ex. 1 - Proposed Order Granting Motion for Extension of Time)(Funes, Freddy)
ENDORSED ORDER granting the Parties' 39 Joint Motion to Reschedule Joint Scheduling Report. The Parties shall file their Joint Scheduling Report on or before September 21, 2017. Signed by Judge Marcia G. Cooke on 8/16/2017. (ase)
Joint MOTION for Extension of Time to File Joint Scheduling Report Following Responsive Pleading by Federal Defendants re 33 Order Requiring Joint Scheduling Report by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Responses due by 8/28/2017 (Attachments: # 1 Text of Proposed Order Granting Extension of Time)(Kuehne, Benedict)
ENDORSED ORDER granting Defendant Detzner's 35 Unopposed Motion for Extension of Time. Defendant Detzner shall respond to Plaintiffs' 1 Complaint on or before August 14, 2017. Signed by Judge Marcia G. Cooke on 8/4/2017. (ase)
Clerks Notice to Filer re 35 MOTION for Extension of Time to File Response/Reply/Answer . Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls)
ORDER ON PLAINTIFFS' MOTION FOR TEMPORARY RESTRAINING ORDERdenying as moot 4 Motion for Temporary Restraining Order; denying as moot 4 Motion to Expedite; denying without prejudice at this time 6 Motion for Temporary Restraining Order. Signed by Judge Marcia G. Cooke on 7/20/2017. (tm)
NOTICE of Attorney Appearance by William Jordan Jones on behalf of Ken Detzner. Attorney William Jordan Jones added to party Ken Detzner(pty:dft). (Jones, William)
PAPERLESS Minute Entry for proceedings held before Judge Marcia G. Cooke: Status Conference held on 7/18/2017. Attorney Appearances: David Andrew Fugett, Joseph Evan Borson, Benedict P. Kuehne, Daniel J Poterek, Freddy Funes. Court Reporter: Tammy Nestor, 954-769-5488 / Tammy_Nestor@flsd.uscourts.gov. (im)
NOTICE of Attorney Appearance by Elizabeth Jane 84AC680 on behalf of Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. Attorney Elizabeth Jane 84AC680 added to party Executive Office of the President of the United States(pty:dft), Attorney Elizabeth Jane 84AC680 added to party Executive Office of the Vice President of the United States(pty:dft), Attorney Elizabeth Jane 84AC680 added to party Tim Horne(pty:dft), Attorney Elizabeth Jane 84AC680 added to party Kris Kobach(pty:dft), Attorney Elizabeth Jane 84AC680 added to party Mick Mulvaney(pty:dft), Attorney Elizabeth Jane 84AC680 added to party Michael Pence(pty:dft), Attorney Elizabeth Jane 84AC680 added to party Presidential Advisory Commission on Election Integrity(pty:dft). (84AC680, Elizabeth)
ENDORSED ORDER granting Plaintiffs' 23 Motion to Accept Plaintiffs' Response to Order to Show Cause as Timely Filed. Plaintiffs' 21 Response to Order to Show Cause shall be considered timely filed. Signed by Judge Marcia G. Cooke on 7/18/2017. (ase)
Clerks Notice to Filer re 23 Plaintiff's MOTION for Extension of Time Accept Response (ECF 21) as Timely Filed re 21 Response to Order to Show Cause,. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
NOTICE by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc re 21 Response to Order to Show Cause, 23 Plaintiff's MOTION for Extension of Time Accept Response (ECF 21) as Timely Filed re 21 Response to Order to Show Cause,, 22 Notice (Other), 14 Notice (Other),, 1 Complaint,,, 6 Corrected MOTION for Temporary Restraining Order with Request for Expedited Treatment and Incorporated Memorandum of Law of Filing Service Emails to Counsel for Florida Secretary of State (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (Burton, Marc)
NOTICE of Attorney Appearance by David Andrew Fugett on behalf of Ken Detzner. Attorney David Andrew Fugett added to party Ken Detzner(pty:dft). (Fugett, David)
Plaintiffs' Verified Motion for Leave to File/Accept Response to Order to Show Cause for Motion for Temporary Restraining Order ("TRO") and Request for Expedited Treatment, as Timely Filed by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Responses due by 7/31/2017 (Attachments: # 1 Text of Proposed Order)(Kuehne, Benedict) Modified Relief on 7/18/2017 (ls).
NOTICE by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc re 21 Response to Order to Show Cause, 6 Corrected MOTION for Temporary Restraining Order with Request for Expedited Treatment and Incorporated Memorandum of Law, 17 Order to Show Cause,,,,,, of Supplemental Declarations Supporting Motion for TRO (Kuehne, Benedict)
RESPONSE TO ORDER TO SHOW CAUSE re 17 Order to Show Cause,,,,,, by The American Civil Liberties Union of Florida, Inc, 7844CEB, Florida Immigrant Coalition, Inc., F944628, 3BDAF1D, 84AC680, BF2DD75. (Attachments: # 1 Exhibit Exhibt 1 - Notification Emails)(Kuehne, Benedict)
NOTICE of Attorney Appearance by Carol Federighi on behalf of Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. Attorney Carol Federighi added to party Executive Office of the President of the United States(pty:dft), Attorney Carol Federighi added to party Executive Office of the Vice President of the United States(pty:dft), Attorney Carol Federighi added to party Tim Horne(pty:dft), Attorney Carol Federighi added to party Kris Kobach(pty:dft), Attorney Carol Federighi added to party Mick Mulvaney(pty:dft), Attorney Carol Federighi added to party Michael Pence(pty:dft), Attorney Carol Federighi added to party Presidential Advisory Commission on Election Integrity(pty:dft). (Federighi, Carol)
ENDORSED ORDER Setting Status Conference: Counsel for the Parties are directed to appear for a Status Conference set for July 18, 2017 at 1:30 PM in Miami Division before Judge Marcia G. Cooke. Signed by Judge Marcia G. Cooke on 7/17/2017. (ase)
SUMMONS (Affidavit) Returned Executed on 1 Complaint,,, with a 21 day response/answer filing deadline by The American Civil Liberties Union of Florida, Inc, 7844CEB, Florida Immigrant Coalition, Inc., F944628, 3BDAF1D, 84AC680, BF2DD75. Ken Detzner served on 7/17/2017, answer due 8/7/2017. (Kuehne, Benedict)
ENDORSED ORDER TO SHOW CAUSE: This case is before me upon a review of the record. On July 13, 2017, Plaintiffs filed a 6 Corrected Motion for Temporary Restraining Order ("TRO") with Request for Expedited Treatment. That same day, Federal Defendants filed a 12 Notice of Related Motions for TRO, requesting this Court await the forthcoming decision on the related motions and provide the Federal Defendants an opportunity to fully respond to Plaintiffs' arguments in this case. On July 14, 2017, Plaintiffs filed a 14 Response in Opposition to Federal Defendants' Notice of Related Motions for TRO, objecting to the Federal Defendants' Notice and again requesting expedited treatment. Defendant Ken Detzner, sued in his official capacity as Florida Secretary of State, has not yet made an appearance in this case. I find that Plaintiffs have not fully complied with Federal Rule of Civil Procedure 65(b)(1) to allow for the issuance of a TRO without notice. Specifically, Plaintiffs have not alleged specifics facts in an affidavit that clearly show that immediate and irreparable injury, loss, or damage will result before the adverse party can be heard in opposition. Fed. R. Civ. P. 65(b)(1)(a). Accordingly, it is hereby ORDERED and ADJUDGED that Plaintiffs shall demonstrate compliance with Federal Rule of Civil Procedure 65(b)(1) by 5:00 p.m. on July 17, 2017, or shall otherwise show cause as to why Plaintiffs' 6 Corrected Motion for TRO should not be handled in due course or treated as a motion for preliminary injunction. Signed by Judge Marcia G. Cooke on 7/17/2017. (ase)
Clerks Notice to Filer re 14 Notice (Other),,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#15]. It is not necessary to refile this document. (cqs)
RESPONSE In Opposition (for image see DE#14) to 12 Notice (Other),, 13 Notice (Other), by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. (cqs)
NOTICE by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc re 12 Notice (Other),, 13 Notice (Other), of Response in Opposition to Federal Defendants' Notice of Related Motions for Temporary Restraining Order and Notice of Filing; and Plaintiffs' Notice of Filing D.C. Case Plaintiffs' Filings (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (Burton, Marc)
NOTICE by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity re 12 Notice (Other),, of Filing (Attachments: # 1 Exhibit Fed. Defs. Br., # 2 Exhibit Exhibts to Fed. Defs. Br.) (Borson, Joseph)
NOTICE by Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity re 6 Corrected MOTION for Temporary Restraining Order with Request for Expedited Treatment and Incorporated Memorandum of Law Notice of Related Motions for TRO. Attorney Joseph Evan Borson added to party Kris Kobach(pty:dft). (Attachments: # 1 Exhibit) (Borson, Joseph)
NOTICE of Attorney Appearance by Jason B. Blank on behalf of Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc (Blank, Jason)
Corrected MOTION for Temporary Restraining Order with Request for Expedited Treatment and Incorporated Memorandum of Law by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. Responses due by 7/27/2017 (Attachments: # 1 Exhibit A - Executive Order, # 2 Exhibit B - Compilation of Statements, # 3 Exhibit C - Commission Charter, # 4 Exhibit D - Readout of the Vice President's Call with the Presidential Advisory Commission on Election Integrity, # 5 Exhibit E - Commission's June 28, 2017 Letter to the Florida Secretary of State, # 6 Exhibit F - Department of Justice's June 28, 2017 Letter, # 7 Exhibit G - Screenshot Non-Secure Data Transfer Website, # 8 Exhibit H - Breitbart Article by Vice Chair Kobach, # 9 Exhibit I - Florida Secretary of State's July 6, 2017 Letter to Vice Chair Kobach, # 10 Exhibit J - Affidavits, # 11 Exhibit K - July 19, 2017 Meeting Notice, # 12 Text of Proposed Order)(Burton, Marc)
NOTICE of Attorney Appearance by Joseph Evan Borson on behalf of Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity. Attorney Joseph Evan Borson added to party Executive Office of the President of the United States(pty:dft), Attorney Joseph Evan Borson added to party Executive Office of the Vice President of the United States(pty:dft), Attorney Joseph Evan Borson added to party Tim Horne(pty:dft), Attorney Joseph Evan Borson added to party Mick Mulvaney(pty:dft), Attorney Joseph Evan Borson added to party Michael Pence(pty:dft), Attorney Joseph Evan Borson added to party Presidential Advisory Commission on Election Integrity(pty:dft). (Borson, Joseph)
Plaintiff's MOTION for Temporary Restraining Order With Incorporated Memorandum of Law ( Responses due by 7/27/2017), Plaintiff's MOTION to Expedite Consideration of Motion for Temporary Restraining Order by Florida Immigrant Coalition, Inc., 3BDAF1D, BF2DD75, 84AC680, 7844CEB, F944628, The American Civil Liberties Union of Florida, Inc. (Attachments: # 1 Exhibit Compilation of Exhibits for Motion TRO, # 2 Text of Proposed Order Order on Motion for TRO)(Kuehne, Benedict)
Summons Issued as to Ken Detzner, Executive Office of the President of the United States, Executive Office of the Vice President of the United States, Tim Horne, Kris Kobach, Mick Mulvaney, Michael Pence, Presidential Advisory Commission on Election Integrity (rms1)
Clerks Notice of Judge Assignment to Judge Marcia G. Cooke. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (rms1)
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