Case: Miami for Peace v. Miami-Dade County

1:07-cv-21088 | U.S. District Court for the Southern District of Florida

Filed Date: April 24, 2007

Closed Date: 2008

Clearinghouse coding complete

Case Summary

On April 24, 2007, non-profit public interest corporations and a regional network of peace and social justice groups filed a lawsuit in the U.S. District Court for the Southern District of Florida, under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, against the Miami-Dade County and the Miami-Dade College. The plaintiffs, represented by private counsel, sought declaratory, injunctive, and monetary relief. They alleged that the local ordinance that employed a permit scheme…

On April 24, 2007, non-profit public interest corporations and a regional network of peace and social justice groups filed a lawsuit in the U.S. District Court for the Southern District of Florida, under 42 U.S.C. § 1983 and the Declaratory Judgment Act, 28 U.S.C. § 2201, against the Miami-Dade County and the Miami-Dade College. The plaintiffs, represented by private counsel, sought declaratory, injunctive, and monetary relief. They alleged that the local ordinance that employed a permit scheme for expressive activities in public fora was subject to arbitrary enforcement, and that the loitering ordinance was unconstitutionally vague, in violation of their rights to free expression under the First Amendment.

The plaintiffs intended to hold an anti-war demonstration near the campus entrance during a commencement address by the then president at Miami-Dade College on April 28, 2007. The County's permit scheme required the plaintiffs to obtain a lane closure permit for their proposed parade route and rally, but the County refused to accommodate them. Without a permit, the participants of the parade would be forced to crowd onto the sidewalks, which would likely violate the County's loitering ordinance. The plaintiffs feared that the County would penalize their members and shut down the parade. Feeling that their freedom of speech was infringed, the plaintiffs challenged the permit and loitering ordinances.

The parties reached an agreement regarding the April 28 demonstration after the initial complaint was filed. The plaintiffs agreed to march and rally on designated sidewalks and grassy areas, and the defendant agreed not to enforce the loitering ordinance against the plaintiffs during the protest. Given the agreement, on April 26, 2007, the District Court (Judge Cecilia M. Altonaga) denied the plaintiffs' emergency motion for a preliminary injunction. The April 28 demonstration was able to proceed.

On May 11, 2007, the plaintiffs stipulated to voluntarily dismiss the case against the Miami-Dade College. The Court granted the stipulation on the same day. The Miami-Dade County remained as the only defendant in this case. On September 14, 2007, the plaintiffs filed their second amended complaint.

On June 4, 2008, the Court granted the plaintiffs' motion for summary judgment and issued a permanent injunction banning the County's future enforcement of the permit and loitering ordinances. The Court further ordered the parties to schedule a mediation regarding compensatory damages and attorneys' fees. In the opinion, Judge Altonaga found that the permit ordinance was constitutionally overbroad due to the unlimited discretion provided to the County officials and the lack of procedural safeguards. In addition, the Court declared the loitering ordinance unconstitutionally vague, because the ordinance failed to provide people with fair notice and encouraged arbitrary enforcement.

On August 20, 2008, the parties stipulated a settlement agreement, in which the County agreed to pay the plaintiffs compensatory damages and attorneys' fees. The Court consented to the stipulation in its August 22 Final Judgment. This ended the case.

Summary Authors

Emma Bao (6/18/2013)

People


Judge(s)

Altonaga, Cecilia M. (Florida)

Brown, Stephen Thomas (Florida)

Attorneys(s) for Plaintiff

Ross, Robert William Jr. (Florida)

Shlackman, Mara (Florida)

Attorneys(s) for Defendant

Dominguez, Carmen (Florida)

Licko, Carol Ann (Florida)

Pastor, Bernard (Florida)

Judge(s)

Altonaga, Cecilia M. (Florida)

Brown, Stephen Thomas (Florida)

Attorneys(s) for Plaintiff

Ross, Robert William Jr. (Florida)

Shlackman, Mara (Florida)

Attorneys(s) for Defendant

Dominguez, Carmen (Florida)

Licko, Carol Ann (Florida)

Pastor, Bernard (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

Aug. 22, 2008 Docket
1

Verified Complaint for Declaratory and Injunctive Relief for Violation of Civil Rights

April 24, 2007 Complaint
5

Plaintiffs' Memorandum of Law in Support of Emergency Motion for Preliminary Injunctive Relief

April 24, 2007 Pleading / Motion / Brief
13

Order [Denying Motion for Preliminary Injunction]

April 26, 2007 Order/Opinion
16

Final Order of Dismissal with Prejudice as to Defendant, the District Board of Trustees of Miami-Dade College

May 11, 2007 Order/Opinion
24

First Amended Complaint

June 4, 2007 Complaint
43

Second Amended Complaint

Sept. 14, 2007 Complaint
61

Plaintiffs' Memorandum of Law in Support of Motion for Final Partial Summary Judgment Against Defendant Miami-Dade County

March 17, 2008 Pleading / Motion / Brief
81

Order [Granting Motion for Summary Judgment]

2008 WL 3163383

June 4, 2008 Order/Opinion
86

Order Administratively Closing Case

July 18, 2008 Order/Opinion

Docket

Last updated May 13, 2022

ECF Number Description Date Link
1

VERIFIED COMPLAINT for Injunctive and Declaratory Relief for violation of civil rights against Miami−Dade County, Miami−Dade College Filing fee $ 350. Receipt#: 958443, filed by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc.(rb) (Entered: 04/24/2007)

April 24, 2007
2

Summons Issued as to Miami−Dade County, Miami−Dade College. (rb) (Entered: 04/24/2007)

April 24, 2007
3

EMERGENCY MOTION for Preliminary Injunction and request for expedited hearing by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (rb) (Entered: 04/24/2007)

April 24, 2007
4

NOTICE of filing of proposed order on motion for preliminary injunction by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc re 3 MOTION for Preliminary Injunction (rb) (Entered: 04/24/2007)

April 24, 2007
5

MEMORANDUM in Support re 3 EMERGENCY MOTION for Preliminary Injunction filed by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (rb) (Entered: 04/24/2007)

April 24, 2007
6

REQUEST for oral argument by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc re 3 EMERGENCY MOTION for Preliminary Injunction (rb) (Entered: 04/24/2007)

April 24, 2007
7

AFFIDAVIT signed by : Mara Shlackman. re 1 Complaint,, 4 Notice (Other), 5 Memorandum in Support, 3 MOTION for Preliminary Injunction, 2 Summons Issued, 6 Notice (Other) Declaration of Service by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Shlackman, Mara) (Entered: 04/25/2007)

April 25, 2007
8

MOTION to Appear Pro Hac Vice of Carmen Dominguez, Filing Fee $75, Receipt #958615. (cw) (Entered: 04/25/2007)

April 25, 2007
10

ORDER Setting Hearing on Motion 3 Emergency MOTION for Preliminary Injunction: Motion Hearing set for 4/25/2007 01:00 PM in Miami Division before Judge Cecilia M. Altonaga.Signed by Judge Cecilia M. Altonaga on 4/24/07.(lk) (Entered: 04/25/2007)

April 25, 2007
11

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by Miami−Dade College. (Attachments: # 1 Exhibit A# 2 Exhibit B)(Licko, Carol) (Entered: 04/25/2007)

April 25, 2007

Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Motion Hearing held on 4/25/2007 re 3 MOTION for Preliminary Injunction filed by Miami for Peace, Inc., South Florida Peace and Justice Network, and Haiti Solidarity,Inc.. The parties were heard, and the Court continued the hearing to April 26, 2007 at 2 p.m.. Court Reporter: Barbara Medina (lc1) (Entered: 04/26/2007)

April 25, 2007
12

MEMORANDUM OF LAW in support of preliminary injunction by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Ross, Robert) (Entered: 04/26/2007)

April 26, 2007
13

ORDER denying as moot 3 Motion for Preliminary Injunction; please see order for details. Signed by Judge Cecilia M. Altonaga on April 26, 2006. (ps1) (Entered: 04/26/2007)

April 26, 2007

Minute Entry for proceedings held before Judge Cecilia M. Altonaga : Motion Hearing held on 4/26/2007 re 3 MOTION for Preliminary Injunction filed by Miami for Peace,Inc., South Florida Peace and Justice Network, and Haiti Solidarity,Inc.. The parties informed the Court that they have reached a settlement regarding the Emergency Motion. The Court approved the settlement and issued an order resolving the Emergency Motion. Order forthcoming. Court Reporter: Barbara Medina (lc1) (Entered: 04/26/2007)

April 26, 2007
14

Order Requiring Joint Scheduling Report, Joint Scheduling Report due by 5/23/2007.Signed by Judge Cecilia M. Altonaga on 5/1/07.(lk) (Entered: 05/01/2007)

May 1, 2007
15

NOTICE by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc of Filing Joint Stipulation and Proposed Order for Dismissal with Prejudice of Miami−Dade College (Attachments: # 1 # 2)(Shlackman, Mara) (Entered: 05/11/2007)

May 11, 2007
16

FINAL ORDER OF DISMISSAL WITH PREJUDICE, re 15 Notice (Other)as to Defendant, The District Board of Trustees of Miami−Dade College.Signed by Judge Cecilia M. Altonaga on 5/11/07.(gw) (Entered: 05/11/2007)

May 11, 2007
17

MOTION for Extension of Time to File Response/Reply to Complaint by Miami−Dade County. (Attachments: # 1 Text of Proposed Order)(Pastor, Bernard) (Entered: 05/14/2007)

May 14, 2007
18

ORDER granting 17 Motion for Extension of Time to File Response to the complaint; Miami−Dade County shall have until June 4, 2007 to file. Signed by Judge Cecilia M. Altonaga on May 15, 2007. (ps1) (Entered: 05/15/2007)

May 15, 2007
19

SCHEDULING REPORT− Rule 26(f). (Attachments: # 1 Text of Proposed Order Joint Proposed Scheduling Order)(Shlackman, Mara) (Entered: 05/23/2007)

May 23, 2007
20

ORDER TO SHOW CAUSE for Plaintiffs' failure to file certificates in interested persons and corporate disclosure statements; Show Cause Response due by 6/1/2007.Signed by Judge Cecilia M. Altonaga on May 25, 2007.(ps1) (Entered: 05/25/2007)

May 25, 2007
21

ORDER REFERRING CASE to Mediation. 15 days to appoint mediator., ORDER REFERRING CASE to Magistrate Judge William C. Turnoff for Discovery Calendar Call set for 6/3/2008 09:00 AM in Miami Division before Judge Cecilia M. Altonaga. Jury Trial set for 6/9/2008 09:00 AM in Miami Division before Judge Cecilia M. Altonaga.Signed by Judge Cecilia M. Altonaga on 5/29/07.(tb) (Entered: 05/29/2007)

May 29, 2007
22

Corporate Disclosure Statement by Miami−Dade County. (Pastor, Bernard) (Entered: 05/29/2007)

May 29, 2007
24

AMENDED COMPLAINT, filed by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc.(Ross, Robert) (Entered: 06/05/2007)

June 5, 2007
25

ORDER TO SHOW CAUSE for failure to submit a proposed order scheduling mediation; Show Cause Response due by 6/27/2007.Signed by Judge Cecilia M. Altonaga on June 19, 2007.(ps1) (Entered: 06/19/2007)

June 19, 2007
26

ANSWER to Amended Complaint by Miami−Dade County.(Pastor, Bernard) (Entered: 06/19/2007)

June 19, 2007
27

Notice of Instruction to Filer re 26 Answer to Amended Complaint filed by Miami−Dade County. The Answer has case #07−21099, however,it was filed in 07−21088. Please file a Notice of Striking this document and re−file correctly. Notice of Striking is found under "Notices" and you must create a pdf. document to upload to the Notice of Striking. Please link the Notice of Striking to DE#26 when promoted by the system. Your cooperation in ths matter is greatly appreciated. (gw) (Entered: 06/20/2007)

June 20, 2007
28

NOTICE of Striking 26 Answer to Amended Complaint filed by Miami−Dade County, by Miami−Dade County (Pastor, Bernard) (Entered: 06/22/2007)

June 22, 2007
29

Corrected ANSWER to Complaint by Miami−Dade County.(Pastor, Bernard) (Entered: 06/22/2007)

June 22, 2007
30

Notice of Mediation Hearing before Mediator, E. Hugh Chappellfiled by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. Mediation Hearing set for 12/4/2007 01:00 PM (Shlackman, Mara) (Entered: 06/27/2007)

June 27, 2007
31

Notice of Mediation Hearing before Mediator, E. Hugh Chappellfiled by E. Hugh Chappell. Mediation Hearing set for 12/4/2007 01:00 PM (Chaplin, James) (Entered: 06/27/2007)

June 27, 2007
32

ORDER Scheduling Mediation before E.Hugh Chappell Mediation Hearing set for 12/4/2007 01:00 PM Signed by Judge Cecilia M. Altonaga on 6/27/07.(lk) (Entered: 06/28/2007)

June 28, 2007
33

SUMMONS Returned Executed by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. Miami−Dade County served on 4/24/2007, answer due 6/4/2007. (Shlackman, Mara) (Entered: 06/29/2007)

June 29, 2007

Set/Reset Answer Due Deadline: Miami−Dade County answer due 5/14/2007. (gw) (Entered: 07/02/2007)

July 2, 2007
34

NOTICE OF UNAVAILABILITY by Miami−Dade County for dates of August 6 to August 17 (Pastor, Bernard) (Entered: 07/13/2007)

July 13, 2007
35

Notice of Instruction to Filer re 34 Notice of Unavailability filed by Miami−Dade County. ERROR: Thhe case number on the document does not match the case number in which it was filed in. Please review and re−file correctly. Upon re−filing correctly, please create a pdf document titled "Notice of Striking" striking DE#34. You must include the case number, case caption and judges initials as well as the purpose for striking the document. Then file a "Notice of Striking" found under "Notices" and download the pdf. document you created. Your cooperation in this matter is greatly appreciated. (gw) (Entered: 07/16/2007)

July 16, 2007
36

NOTICE of Striking Notice of Unavailability by Miami−Dade County (Pastor, Bernard) (Entered: 07/20/2007)

July 20, 2007
37

NOTICE OF UNAVAILABILITY by Miami−Dade County for dates of August 6 to August 17 (Pastor, Bernard) (Entered: 07/20/2007)

July 20, 2007
38

Plaintiff's MOTION for Extension of Time to Amend (Motion Filed Out of Time for Extension of Deadline to Amend Pleadings and Join Parties) by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. Responses due by 9/18/2007 (Attachments: # 1 Text of Proposed Order Extending Deadline for Motions to Amend Pleadings or Join Parties)(Shlackman, Mara) (Entered: 09/04/2007)

Sept. 4, 2007
40

RESPONSE in Opposition re 38 Plaintiff's MOTION for Extension of Time to Amend (Motion Filed Out of Time for Extension of Deadline to Amend Pleadings and Join Parties) filed by Miami−Dade County. (Pastor, Bernard) (Entered: 09/06/2007)

Sept. 6, 2007
41

REPLY to Response to Motion re 38 Plaintiff's MOTION for Extension of Time to Amend (Motion Filed Out of Time for Extension of Deadline to Amend Pleadings and Join Parties) filed by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Attachments: # 1 Exhibit Exhibit A − Miami Herald Article)(Shlackman, Mara) (Entered: 09/07/2007)

Sept. 7, 2007
42

ORDER granting 38 Motion for Extension of Deadline to Amend Pleadings and Join Parties. Signed by Judge Cecilia M. Altonaga on September 10, 2007. (ps1) (Entered: 09/10/2007)

Sept. 10, 2007

Set Deadline: Amended Complaint due by 9/15/2007. (dm) (Entered: 09/11/2007)

Sept. 10, 2007
43

AMENDED COMPLAINT Second , filed by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc.(Ross, Robert) (Entered: 09/14/2007)

Sept. 14, 2007
44

ANSWER to Amended Complaint by Miami−Dade County.(Pastor, Bernard) (Entered: 10/01/2007)

Oct. 1, 2007
45

ORDER on Mediation Results; the parties are instructed to submit the results of their mediation conference by December 20, 2007.Signed by Judge Cecilia M. Altonaga on December 12, 2007.(ps1) (Entered: 12/12/2007)

Dec. 12, 2007
46

Notice of Mediation Hearing before Mediator, E. Hugh Chappell, Jr.filed by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. Mediation Hearing set for 1/25/2008 01:00 PM (Shlackman, Mara) (Entered: 12/17/2007)

Dec. 17, 2007
47

Notice of Mediation Hearing before Mediator, E. Hugh Chappell, Jr.filed by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. Mediation Hearing set for 1/25/2008 01:00 PM (Shlackman, Mara) (Entered: 12/17/2007)

Dec. 17, 2007
48

ORDER Scheduling Mediation before E. Hugh Chappell, Jr.: Mediation Hearing set for 1/25/2008 01:00 PM. Signed by Judge Cecilia M. Altonaga on December 18, 2007.(ps1) (Entered: 12/18/2007)

Dec. 18, 2007
49

NOTICE of Instruction to Filer: re 46 Notice of Mediation Hearing filed by Miami for Peace,Inc,, South Florida Peace and Justice Network,, Haiti Solidarity,Inc, Error: Proposed Order/Exhibit Docketed as Main Document; Instruction to Filer=File a Notice of Striking Docket Entry and Refile the Document correctly as an attachment to Notice of Filing Proposed Order (tp) (Entered: 12/18/2007)

Dec. 18, 2007
50

NOTICE of Instruction to Filer: re 47 Notice of Mediation Hearing filed by Miami for Peace,Inc,, South Florida Peace and Justice Network,, Haiti Solidarity,Inc, Error: Document Title Does Not Match Event Selected; Instruction to Filer=File a Notice of Striking Docket Entry and Refile the Document correctly. Notice of Mediation Hearing which can be found in "Mediation Documents" you can file the proposed order 46 as an attachment to this Notice. (tp) (Entered: 12/18/2007)

Dec. 18, 2007
51

TRANSCRIPT of Proceedings held on EMERGENCY MOTION FOR PRELIMINARY INJUNCTION held on 04/25/2007 before Judge CECILIA M. ALTONAGA. Court Reporter: Barbara Medina− phone number 305−523−5518 1−31 pages.. (amb) (Entered: 01/09/2008)

Jan. 8, 2008
52

TRANSCRIPT of Proceedings held on CONTINUED EMERGENCY MOTION FOR PRELIMINARY INJUNCTION held on 04/26/2007 before Judge CECILIA M. ALTONAGA. Court Reporter: Barbara Medina− phone number 305−523−5518 1−22 pages.. (amb) (Entered: 01/09/2008)

Jan. 8, 2008
53

ORDER ON MEDIATION RESULTS; the parties are instructed to submit the results of their mediation conference by February 11, 2008.Signed by Judge Cecilia M. Altonaga on February 5, 2008.(ps1) (Entered: 02/05/2008)

Feb. 5, 2008
55

NOTICE of Instruction to Filer: re 54 Objection to Report of Mediator, filed by E. Hugh Chappell, Error: Document Title Does Not Match Event Selected; Instruction to Filer=File a Notice of Striking Docket Entry and Refile the Document correctly; (ls) (Entered: 02/11/2008)

Feb. 11, 2008
56

REPORT of Mediation Disposition: Impasse(Chaplin, James) (Entered: 02/11/2008)

Feb. 11, 2008
57

Unopposed MOTION for Extension of Time to File Pre−Trial Motions by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Attachments: # 1 Text of Proposed Order Extending Time to File Pretrial Motions)(Shlackman, Mara) (Entered: 03/12/2008)

March 12, 2008
58

ORDER granting 57 Motion for Extension of Time to File Pretrial Motions. Signed by Judge Cecilia M. Altonaga on March 12, 2008. (ps1) (Entered: 03/12/2008)

March 12, 2008
59

NOTICE by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc of Filing Transcripts in Support of Plaintiffs' Motion for Partial Summary Judgment (Attachments: # 1 Exhibit A − Transcript of 4/25/07 Hearing# 2 Exhibit B − Transcript of 4/26/07 Hearing)(Shlackman, Mara) (Entered: 03/17/2008)

March 17, 2008
60

Plaintiff's MOTION for Summary Judgment by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. Responses due by 3/31/2008 (Ross, Robert) (Entered: 03/17/2008)

March 17, 2008
61

MEMORANDUM OF LAW in Support of Plaintiffs' Motion for Summary Judgment by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Ross, Robert) Modified text on 3/20/2008 (tp). See document number 63 for corrected entry (Entered: 03/18/2008)

March 18, 2008
62

Statement of: Concise Statement of Material Facts by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc re 61 Memorandum of Law, 60 Plaintiff's MOTION for Summary Judgment. (Attachments: # 1 Exhibit A − Shlackman Declaration with Attachments# 2 Exhibit B − Belgrave Declaration)(Shlackman, Mara) (Entered: 03/18/2008)

March 18, 2008
63

MEMORANDUM in Support re 60 Plaintiff's MOTION for Summary Judgment filed by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. See document number 61 for image (tp) (Entered: 03/20/2008)

March 18, 2008
64

NOTICE of Docket Correction and Instruction to Filer: re 61 Memorandum of Law filed by Miami for Peace,Inc,, South Florida Peace and Justice Network,, Haiti Solidarity,Inc, Error: Wrong Event Selected; Correction=Redocketed as Memorandum in Support. Instruction to Filer=In the future please select the proper Event found in "Responses and Replies" See document number 63 for corrected entry (tp) (Entered: 03/20/2008)

March 20, 2008
65

Unopposed MOTION for Extension of Time to File Response as to 60 Plaintiff's MOTION for Summary Judgment by Miami−Dade County. (Attachments: # 1 Text of Proposed Order)(Pastor, Bernard) (Entered: 03/25/2008)

March 25, 2008
66

ORDER granting 65 Motion for Extension of Time to Respond to 60 MOTION for Summary Judgment; Response due by 4/17/2008.Signed by Judge Cecilia M. Altonaga on March 25, 2008. (ps1) (Entered: 03/26/2008)

March 26, 2008
67

Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order 2008−09 to Judge Stephen T. Brown. Judge William C. Turnoff no longer assigned to the case. (ra) (Entered: 04/07/2008)

April 7, 2008
68

MOTION to Stay by Miami−Dade County. Responses due by 4/30/2008 (Pastor, Bernard) (Entered: 04/16/2008)

April 16, 2008
69

MEMORANDUM in Opposition re 68 MOTION to Stay filed by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Shlackman, Mara)

April 17, 2008
71

RESPONSE in Opposition re 60 Plaintiff's MOTION for Summary Judgment filed by Miami−Dade County. (Pastor, Bernard) (Entered: 04/24/2008)

April 24, 2008
72

Statement of: Material Facts by Miami−Dade County. (Attachments: # 1 Exhibit Exhibit A−Declaration of Robert Diers)(Pastor, Bernard) (Entered: 04/24/2008)

April 24, 2008
73

Unopposed MOTION for Extension of Time to File Reply as to 71 Response in Opposition to Motion for Partial Summary Judgment by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Attachments: # 1 Text of Proposed Order Granting Extension of Time to File Reply Supporting Motion for Summary Judgment)(Shlackman, Mara) (Entered: 05/02/2008)

May 2, 2008
74

ORDER granting 73 Motion for Extension of Time to Reply re 60 Plaintiff's MOTION for Summary Judgment: Replies due by 5/12/2008.Signed by Judge Cecilia M. Altonaga on May 5, 2008. (ps1) (Entered: 05/05/2008)

May 5, 2008
75

REPLY to Response to Motion re 60 Plaintiff's MOTION for Summary Judgment (Partial Summary Judgment) filed by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Shlackman, Mara) (Entered: 05/13/2008)

May 13, 2008
76

Order Providing Instructions for Bench Trial.Signed by Judge Cecilia M. Altonaga on May 21, 2008.(ps1) (Entered: 05/21/2008)

May 21, 2008
77

NOTICE by Miami−Dade County re 72 Statement of Filing Signature Page (Attachments: # 1 Exhibit)(Pastor, Bernard) (Entered: 05/27/2008)

May 27, 2008
78

PRETRIAL STIPULATION (Joint) by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Shlackman, Mara) (Entered: 05/27/2008)

May 27, 2008
79

Joint MOTION for Extension of Time to File Proposed Findings of Fact and Conclusions of Law by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Attachments: # 1 Text of Proposed Order Granting Extension of Time for Findings of Fact and Conclusions of Law)(Shlackman, Mara) (Entered: 06/02/2008)

June 2, 2008
80

Minute Entry for proceedings held before Judge Cecilia M. Altonaga: Calendar Call held on 6/3/2008. Court Reporter: Barbara Medina− phone number 305−523−5518 (Entered: 06/03/2008)

June 3, 2008
81

ORDER granting 60 Motion for Summary Judgment; denying as moot 79 Motion for Extension of Time to File Proposed Findings of Fact; the parties are to schedule mediation by June 25, 2008 and report their results within 5 days of the hearing. Signed by Judge Cecilia M. Altonaga on June 4, 2008. (ps1) (Entered: 06/04/2008)

June 4, 2008
82

Notice of Mediation Hearing before Mediator, E. Hugh Chapellfiled by E. Hugh Chappell. Mediation Hearing set for 6/27/2008 10:00 AM (Chaplin, James) (Entered: 06/19/2008)

June 19, 2008
83

Plaintiff's MOTION for Extension of Time to Mediate and Submit Mediation Report by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Ross, Robert) (Entered: 06/25/2008)

June 25, 2008
84

ORDER granting 83 Motion for Extension of Time to Mediate. The parties shall file their report of mediation results by July 2, 2008. (CMA) (Entered: 06/26/2008)

June 26, 2008
85

STATUS REPORT re Mediation by Miami−Dade County, Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc. (Pastor, Bernard) (Entered: 07/02/2008)

July 2, 2008
86

ORDER ADMINISTRATIVELY CLOSING CASE; Settlement Agreement due by 8/18/2008. Signed by Judge Cecilia M. Altonaga on July 18, 2008. (ps1) (Entered: 07/18/2008)

July 18, 2008
88

FINAL REPORT of Mediation Disposition: Settled(Chaplin, James) (Entered: 07/28/2008)

July 28, 2008
89

NOTICE by Miami for Peace,Inc, South Florida Peace and Justice Network, Haiti Solidarity,Inc of Filing Stipulation of Settlement and Proposed Final Judgment (Attachments: # 1 Stipulation of Settlement, # 2 Text of Proposed Order Proposed Final Judgment)(Shlackman, Mara) (Entered: 08/20/2008)

Aug. 20, 2008
90

FINAL JUDGMENT in favor of the Plaintiffs against the Defendant. Signed by Judge Cecilia M. Altonaga on August 21, 2008. (ps1) (Entered: 08/22/2008)

Aug. 22, 2008

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: April 24, 2007

Closing Date: 2008

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Non-profit public interest corporations and a network of peace and social justice groups in the region opposing a local ordinance that employs a permit scheme for expressive activities in public fora subject to arbitrary enforcement.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Miami-Dade County (Miami-Dade), County

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Declaratory Judgment

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2008 - 0

Content of Injunction:

Preliminary relief denied