Case: Joyner v. Presidential Advisory Commission on Election Integrity

1:17-cv-22568 | U.S. District Court for the Southern District of Florida

Filed Date: July 10, 2017

Closed Date: 2018

Clearinghouse coding complete

Case Summary

On July 10, 2017, five residents of Florida, the ACLU of Florida, and the Florida Immigrant Coalition, Inc. filed this lawsuit in the U.S. District Court for the Southern District of Florida. The case was assigned to Judge Marcia G. Cooke and Magistrate Judge Jonathan Goodman. The plaintiffs sued the Presidential Advisory Commission on Election Integrity (Commission), the Executive Office of the President of the United States, the Executive Office of the Vice President of the United States, and…

On July 10, 2017, five residents of Florida, the ACLU of Florida, and the Florida Immigrant Coalition, Inc. filed this lawsuit in the U.S. District Court for the Southern District of Florida. The case was assigned to Judge Marcia G. Cooke and Magistrate Judge Jonathan Goodman. The plaintiffs sued the Presidential Advisory Commission on Election Integrity (Commission), the Executive Office of the President of the United States, the Executive Office of the Vice President of the United States, and several agents of the executive branch, all under the Administrative Procedure Act (APA), the Federal Advisory Committee Act (FACA), and the Paperwork Reduction Act (PRA). The plaintiffs also sued the Florida Secretary of State under state law, namely Florida Statute § 97.0585: Information Regarding Voters and Voter Registration Confidentiality. The plaintiffs, represented by the ACLU and other public interest counsel, sought declaratory and injunctive relief as well as attorneys’ fees and costs.

This complaint, brought on behalf of Florida voters, challenged the legality of the actions of the Commission and the legality of its directive requesting voter registration information of state-registered voters in Florida and throughout the United States. The plaintiffs sought to prevent the unauthorized collection of state voter information data and to prohibit the Florida Secretary of State and other similarly situated officials of other states from providing state voter data to the Commission. The plaintiffs claimed that the actions of the Commission and other defendants constituted an unjustified invasion of privacy in violation of the constitutional separation of powers, Article II, and voters’ First Amendment rights.

On July 13, 2017, the plaintiffs moved for a temporary restraining order, asking the court to prohibit the defendants from collecting every American voter’s personal data to create a national, centralized database, to prohibit the defendants from running all business until fully complying with the Federal Advisory Committee Act, and to restrain the Florida Secretary of State from submitting to the Commission any voter data in violation of Fla. Stat. § 97.0585 and Florida’s Right to Privacy. The court held a hearing on July 18, 2017, regarding this motion. Unfortunately, the details of this hearing are not available on the docket. On July 20, 2017, deferring to the conclusions made during the hearing, Judge Marcia Cooke denied without prejudice the plaintiffs’ motion for a temporary restraining order. 2017 WL 3113486.

On August 14, 2017, the defendant Florida Secretary moved to dismiss the complaint for lack of subject matter jurisdiction, or, in the alternative, because the plaintiffs failed to state a cause of action. The following month, the Secretary filed a motion to stay the filing of the joint scheduling report until the court resolved this motion to dismiss. The court denied this motion to stay, finding that if there were a stay and the court ultimately denied the motion, this case would have been significantly behind schedule.

On October 20, 2017, the federal defendants moved to dismiss this action, arguing that the case lacked subject matter jurisdiction because the plaintiffs failed to establish standing. In December 2017, the federal defendants moved for a protective order staying discovery until the court ruled on the federal defendants’ pending motion to dismiss.

On December 29, 2017, however, the plaintiffs filed an amended complaint, removing a claim that the federal defendants had exceeded the authority of Executive Order 13799. As such, the court denied as moot both the motions to dismiss as they were regarding the initial complaint.

On January 5, 2018, the plaintiffs filed an emergency motion for temporary restraining order and preliminary injunction. The plaintiffs filed this motion because on January 3, 2018, President Trump issued an Executive Order terminating the Commission after the defendants and other had successfully worked together to transfer private, protected voter data to Immigration and Customs Enforcement (ICE). The plaintiffs claimed that, in using Commission data, the Federal Defendants sought to “Stop Aliens From Voting,” without complying with FACA and argued that injunctive relief was appropriate to compel government compliance with FACA. The court referred this motion to Magistrate Judge Jonathan Goodman. 2018 WL 333821.

On February 6, 2018, Judge Goodman issued a report and recommendation regarding the plaintiffs’ emergency motion. Judge Goodman recommended that the plaintiffs’ motion be denied because Plaintiffs had not established a substantial threat of irreparable injury. 2018 WL 1863751. Agreeing with the report, Judge Cooke denied the motion on March 19, 2018.

In light of the dissolution of the Commission, the defendant Secretary and the federal defendants filed new motions to dismiss, arguing that without the Commission, the complaint failed to state a claim upon which relief could be granted.

On May 30, 2018, Judge Cooke entered an order granting both motions to dismiss and dismissed the case. The court granted the defendant Secretary’s motion because Florida had already provided the Commission with the publicly available information, and the Commission had been disbanded. As such, there was no continuing case or controversy with respect to the Secretary. The court granted the federal defendants’ motion for similar reasons. The Commission ceased to exist and, while Judge Cooke agreed with the plaintiffs that simply because a commission ceased to exist does not necessarily render a case moot, the court found that the instant case had indeed become moot as to the remaining federal defendants. The case is presumably closed.

Summary Authors

Jake Parker (6/14/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6089440/parties/joyner-v-presidential-advisory-commission-on-election-integrity/


Judge(s)

Cooke, Marcia G. (Florida)

Goodman, Jonathan (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Blank, Jason B. (Florida)

Burton, Marc A. (Florida)

Davis, Larry Scott (Florida)

Funes, Freddy (Florida)

Geller, Joseph Scott (Florida)

Greenberg, Gerald Edward (Florida)

Jones, William Jordan (Florida)

Judge(s)

Cooke, Marcia G. (Florida)

Goodman, Jonathan (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Blank, Jason B. (Florida)

Burton, Marc A. (Florida)

Davis, Larry Scott (Florida)

Funes, Freddy (Florida)

Geller, Joseph Scott (Florida)

Greenberg, Gerald Edward (Florida)

Jones, William Jordan (Florida)

Korda, Shana Jill (Florida)

Kuehne, Benedict Paul (Florida)

Pita, Howard Kraft (Florida)

Poterek, Daniel J. (Florida)

Reiling, Jarred Lee (Florida)

Schachter, Adam Michael (Florida)

Attorneys(s) for Defendant

Borson, Joseph Evan (District of Columbia)

Federighi, Carol (District of Columbia)

Fugett, David Andrew (Florida)

Shapiro, Elizabeth J. (District of Columbia)

Wolfe, Kristina Ann (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

May 30, 2018 Docket
1

Complaint for Injunctive and Declaratory Relief, with Request for Expedited Treatment

July 10, 2017 Complaint
31

Order on Plaintiffs' Motion for Temporary Restraining Order

2017 WL 3113486

July 20, 2017 Order/Opinion
65

Amended Complaint for Injunctive and Declaratory Relief

Dec. 29, 2017 Complaint
97

Report and Recommendations on Plaintiffs' Emergency Motion for Temporary Restraining Order and Preliminary Injunction

2018 WL 1863751

Feb. 6, 2018 Magistrate Report/Recommendation
105

Order Adopting Report and Recommendation

March 19, 2018 Order/Opinion
108

Omnibus Order Granting Motion to Dismiss

2018 WL 4776089

May 30, 2018 Order/Opinion

Resources

Title Description External URL

Case Studies in Emergency Election Litigation: The Presidential Advisory Commission on Election Integrity

Robert Timothy Reagan

In mid-2017, President Trump created the Presidential Advisory Commission on Election Integrity. The commission’s vice chair asked all states to submit extensive voter registration data to the commis… Sept. 25, 2018 https://www.fjc.gov/sites/default/files/materials/10/EE-DC-1-17-cv-1320-EPIC.pdf

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6089440/joyner-v-presidential-advisory-commission-on-election-integrity/

Last updated May 12, 2022

ECF Number Description Date Link
1

COMPLAINT for Injunctive and Declaratory Relief, With Request for Expedited Treatment against All Defendants. Filing fees $ 400.00 receipt number 113C-9875226, filed by ACLU of Florida, Joshua Simmons, Florida Immigrant Coalition, Inc., Mike Suarez, Arthenia L. Joyner, Brenda Shapiro, Luis Meurice. (Attachments: # 1 Exhibit Exhibits to Complaint, # 2 Summon(s) Presidential Advisory Commission on Election Integrity, # 3 Summon(s) Michael Pence, Chair, Presidential Advisory Commission on Election Integrity, # 4 Summon(s) Kris Kobach, Vice Chair, Presidential Advisory Commission on Election Integrity, # 5 Summon(s) Executive Office of the President, # 6 Summon(s) Executive Office of the Vice President, # 7 Summon(s) Tim Horne, General Services Adminsitration, # 8 Summon(s) Mick Mulvaney, Office of Management & Budget, # 9 Summon(s) Ken Detzner, Florida Secretary of State, # 10 Civil Cover Sheet Civil Cover Sheet)(Kuehne, Benedict) (Entered: 07/10/2017)

1 Exhibit Exhibits to Complaint

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2 Summon(s) Presidential Advisory Commission on Election Integrity

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3 Summon(s) Michael Pence, Chair, Presidential Advisory Commission on Election Int

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4 Summon(s) Kris Kobach, Vice Chair, Presidential Advisory Commission on Election

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5 Summon(s) Executive Office of the President

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6 Summon(s) Executive Office of the Vice President

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7 Summon(s) Tim Horne, General Services Adminsitration

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8 Summon(s) Mick Mulvaney, Office of Management & Budget

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9 Summon(s) Ken Detzner, Florida Secretary of State

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10 Civil Cover Sheet Civil Cover Sheet

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July 10, 2017 PACER
2

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) (Entered: 07/11/2017)

July 10, 2017 PACER
3

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) (Entered: 07/11/2017)

July 11, 2017 PACER
4

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., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 07/13/2017)

1 Exhibit Compilation of Exhibits for Motion TRO

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2 Text of Proposed Order Order on Motion for TRO

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July 13, 2017 PACER
5

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) (Entered: 07/13/2017)

July 13, 2017 PACER
6

Corrected MOTION for Temporary Restraining Order with Request for Expedited Treatment and Incorporated Memorandum of Law by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 07/13/2017)

1 Exhibit A - Executive Order

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2 Exhibit B - Compilation of Statements

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3 Exhibit C - Commission Charter

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4 Exhibit D - Readout of the Vice President's Call with the Presidential Advi

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5 Exhibit E - Commission's June 28, 2017 Letter to the Florida Secretary of S

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6 Exhibit F - Department of Justice's June 28, 2017 Letter

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7 Exhibit G - Screenshot Non-Secure Data Transfer Website

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8 Exhibit H - Breitbart Article by Vice Chair Kobach

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9 Exhibit I - Florida Secretary of State's July 6, 2017 Letter to Vice Chair

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10 Exhibit J - Affidavits

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11 Exhibit K - July 19, 2017 Meeting Notice

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12 Text of Proposed Order

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July 13, 2017 PACER
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NOTICE of Attorney Appearance by Gerald Edward Greenberg on behalf of The American Civil Liberties Union of Florida, Inc (Greenberg, Gerald) (Entered: 07/13/2017)

July 13, 2017 PACER
8

NOTICE of Attorney Appearance by Adam Michael Schachter on behalf of The American Civil Liberties Union of Florida, Inc (Schachter, Adam) (Entered: 07/13/2017)

July 13, 2017 PACER
9

NOTICE of Attorney Appearance by Freddy Funes on behalf of The American Civil Liberties Union of Florida, Inc (Funes, Freddy) (Entered: 07/13/2017)

July 13, 2017 PACER
10

NOTICE of Attorney Appearance by Jarred Lee Reiling on behalf of The American Civil Liberties Union of Florida, Inc (Reiling, Jarred) (Entered: 07/13/2017)

July 13, 2017 PACER
11

NOTICE of Attorney Appearance by Jason B. Blank on behalf of Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, The American Civil Liberties Union of Florida, Inc (Blank, Jason) (Entered: 07/13/2017)

July 13, 2017 PACER
12

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) (Entered: 07/13/2017)

1 Exhibit

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July 13, 2017 PACER
13

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) (Entered: 07/13/2017)

1 Exhibit Fed. Defs. Br.

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2 Exhibit Exhibts to Fed. Defs. Br.

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July 13, 2017 PACER
14

NOTICE by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 07/14/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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July 14, 2017 PACER
15

RESPONSE In Opposition (for image see DE#14) to 12 Notice (Other),, 13 Notice (Other), by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, The American Civil Liberties Union of Florida, Inc. (cqs) (Entered: 07/17/2017)

July 17, 2017 PACER
16

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) (Entered: 07/17/2017)

July 17, 2017 PACER
17

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) (Entered: 07/17/2017)

July 17, 2017 PACER
18

SUMMONS (Affidavit) Returned Executed on 1 Complaint,,, with a 21 day response/answer filing deadline by The American Civil Liberties Union of Florida, Inc, Joshua Simmons, Florida Immigrant Coalition, Inc., Mike Suarez, Arthenia L. Joyner, Brenda Shapiro, Luis Meurice. Ken Detzner served on 7/17/2017, answer due 8/7/2017. (Kuehne, Benedict) (Entered: 07/17/2017)

July 17, 2017 PACER
19

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) (Entered: 07/17/2017)

July 17, 2017 PACER
20

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) (Entered: 07/17/2017)

July 17, 2017 PACER
21

RESPONSE TO ORDER TO SHOW CAUSE re 17 Order to Show Cause,,,,,, by The American Civil Liberties Union of Florida, Inc, Joshua Simmons, Florida Immigrant Coalition, Inc., Mike Suarez, Arthenia L. Joyner, Brenda Shapiro, Luis Meurice. (Attachments: # 1 Exhibit Exhibt 1 - Notification Emails)(Kuehne, Benedict) (Entered: 07/17/2017)

1 Exhibit Exhibt 1 - Notification Emails

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July 17, 2017 PACER
22

NOTICE by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 07/17/2017)

July 17, 2017 PACER
23

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., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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). (Entered: 07/17/2017)

1 Text of Proposed Order

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July 17, 2017 PACER
24

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) (Entered: 07/17/2017)

July 17, 2017 PACER
25

NOTICE by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 07/17/2017)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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July 17, 2017 PACER
26

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) (Entered: 07/18/2017)

July 18, 2017 PACER
27

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) (Entered: 07/18/2017)

July 18, 2017 PACER
28

NOTICE of Attorney Appearance by Elizabeth Jane Shapiro 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 Shapiro added to party Executive Office of the President of the United States(pty:dft), Attorney Elizabeth Jane Shapiro added to party Executive Office of the Vice President of the United States(pty:dft), Attorney Elizabeth Jane Shapiro added to party Tim Horne(pty:dft), Attorney Elizabeth Jane Shapiro added to party Kris Kobach(pty:dft), Attorney Elizabeth Jane Shapiro added to party Mick Mulvaney(pty:dft), Attorney Elizabeth Jane Shapiro added to party Michael Pence(pty:dft), Attorney Elizabeth Jane Shapiro added to party Presidential Advisory Commission on Election Integrity(pty:dft). (Shapiro, Elizabeth) (Entered: 07/18/2017)

July 18, 2017 PACER
30

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) (Entered: 07/19/2017)

July 18, 2017 PACER
29

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) (Entered: 07/19/2017)

July 19, 2017 PACER
31

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) (Entered: 07/20/2017)

July 20, 2017 PACER
32

ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Pretrial Non-Dispositive Matters Signed by Judge Marcia G. Cooke on 7/20/2017. (tm) (Entered: 07/20/2017)

July 20, 2017 PACER
33

Order Requiring Joint Scheduling Report Signed by Judge Marcia G. Cooke on 7/20/2017. (tm) (Entered: 07/20/2017)

July 20, 2017 PACER
34

Notice of Court Practice re Joint Motions Signed by Judge Marcia G. Cooke on 7/20/2017. (tm) (Entered: 07/20/2017)

July 20, 2017 PACER
35

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint by Ken Detzner. (Fugett, David) Modified Link on 8/4/2017 (ls). (Entered: 08/04/2017)

Aug. 4, 2017 PACER
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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) (Entered: 08/04/2017)

Aug. 4, 2017 PACER
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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) (Entered: 08/04/2017)

Aug. 4, 2017 PACER
38

MOTION TO DISMISS 1 Complaint,,, FOR FAILURE TO STATE A CLAIM by Ken Detzner. Responses due by 8/28/2017 (Attachments: # 1 Exhibit)(Fugett, David) (Entered: 08/14/2017)

1 Exhibit

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Aug. 14, 2017 RECAP
39

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., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 08/14/2017)

1 Text of Proposed Order Granting Extension of Time

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Aug. 14, 2017 PACER
40

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) (Entered: 08/16/2017)

Aug. 16, 2017 PACER
41

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., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 08/25/2017)

1 Text of Proposed Order Ex. 1 - Proposed Order Granting Motion for Extension of T

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Aug. 25, 2017 PACER
42

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) (Entered: 08/25/2017)

Aug. 25, 2017 PACER
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RESPONSE to Motion re 38 MOTION TO DISMISS 1 Complaint,,, FOR FAILURE TO STATE A CLAIM filed by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, The American Civil Liberties Union of Florida, Inc. Replies due by 9/25/2017. (Greenberg, Gerald) (Entered: 09/18/2017)

Sept. 18, 2017 RECAP
44

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., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 09/20/2017)

1 Text of Proposed Order Order Granting Stay of Joint Scheduling Report

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Sept. 20, 2017 RECAP
45

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) (Entered: 09/22/2017)

Sept. 22, 2017 PACER
46

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) (Entered: 09/29/2017)

Sept. 29, 2017 PACER
47

Joint SCHEDULING REPORT - Rule 16.1 by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 09/29/2017)

1 Exhibit Attachment A: Pretrial Deadlines, Pretrial COnference, and Trial Date

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2 Exhibit Election to Jurisdiction by U.S. Magistrate Judge

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3 Text of Proposed Order Joint Proposed Scheduling Order

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Sept. 29, 2017 PACER
48

Corrected SCHEDULING REPORT - Rule 16.1 by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, The American Civil Liberties Union of Florida, Inc (Attachments: # 1 Exhibit Attachment A: Pretrial Deadlines, # 2 Exhibit Attachment C: Election to Jurisdiction, # 3 Text of Proposed Order Proposed Joint Scheduling Order)(Kuehne, Benedict) (Entered: 09/29/2017)

1 Exhibit Attachment A: Pretrial Deadlines

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2 Exhibit Attachment C: Election to Jurisdiction

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3 Text of Proposed Order Proposed Joint Scheduling Order

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Sept. 29, 2017 PACER
49

NOTICE by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 10/03/2017)

1 Exhibit Attachment C to Joint Scheduling Report - Election to Magistrate Jurisdi

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Oct. 3, 2017 RECAP
50

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) (Entered: 10/11/2017)

1 Text of Proposed Order

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Oct. 11, 2017 PACER
51

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) (Entered: 10/12/2017)

Oct. 12, 2017 PACER
52

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. (Entered: 10/16/2017)

Oct. 16, 2017 RECAP
53

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) (Entered: 10/20/2017)

1 Text of Proposed Order

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Oct. 20, 2017 RECAP
54

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) (Entered: 10/31/2017)

Oct. 31, 2017 PACER
55

NOTICE of Mediator Selection. Added Robert A. Dulberg, Robert A. Dulberg. (Kuehne, Benedict) (Entered: 11/01/2017)

Nov. 1, 2017 RECAP
56

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 Arthenia L. Joyner. (Attachments: # 1 Text of Proposed Order Proposed Order)(Pita, Howard) (Entered: 11/02/2017)

1 Text of Proposed Order Proposed Order

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Nov. 2, 2017 PACER
57

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) (Entered: 11/03/2017)

Nov. 3, 2017 PACER
58

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., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, The American Civil Liberties Union of Florida, Inc. Replies due by 11/20/2017. (Kuehne, Benedict) (Entered: 11/13/2017)

Nov. 13, 2017 RECAP
59

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) (Entered: 12/01/2017)

Dec. 1, 2017 RECAP
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. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Federighi, Carol) (Entered: 12/04/2017)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Dec. 4, 2017 PACER
61

Unopposed MOTION to Amend/Correct 1 Complaint,,, with Motion to File Amendment One Day Out-of-Time by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 12/09/2017)

1 Text of Proposed Order Order on Unopposed Motion to Amend Complaint

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2 Exhibit Amended Complaint

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3 Exhibit Exhibits to Amended Complaint

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Dec. 9, 2017 RECAP
62

NOTICE by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 12/09/2017)

1 Text of Proposed Order Order Granting Motion to Amend Complaint and Setting Sche

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Dec. 9, 2017 RECAP
63

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) (Entered: 12/11/2017)

Dec. 11, 2017 PACER
64

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) (Entered: 12/29/2017)

Dec. 29, 2017 PACER
65

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, Joshua Simmons, Florida Immigrant Coalition, Inc., Mike Suarez, Arthenia L. Joyner, Brenda Shapiro, Luis Meurice. (Attachments: # 1 Exhibit Exhibits to Amended COmplaint)(Kuehne, Benedict) (Entered: 12/29/2017)

1 Exhibit Exhibits to Amended COmplaint

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Dec. 29, 2017 PACER
66

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) (Entered: 01/03/2018)

Jan. 3, 2018 PACER
67

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) (Entered: 01/03/2018)

Jan. 3, 2018 PACER
68

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) (Entered: 01/03/2018)

Jan. 3, 2018 RECAP
69

Plaintiff's EMERGENCY MOTION with Certification of Emergency attached by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 01/05/2018)

1 Certification Certification of Emergency

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2 Exhibit "A" - Kris Kobach Email to Gene Hamilton

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3 Exhibit "B" - Kris Kobach Draft Amendments to NVRA

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4 Exhibit "C" - Kris Kobach Strategic Plan for Department of Homeland Se

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5 Exhibit "D" - First Executive Order

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6 Exhibit "E" - Commission Charter

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7 Exhibit "F" - Readout of Call with Vice President

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8 Exhibit "G" - Declaration of Matthew Dunlap

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9 Exhibit "H" - June 28, 2017 Letter from Presidential Advisory Commissi

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10 Exhibit "I" - Screenshot of Unsecure Website

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11 Exhibit "J" - Declaration of Kris Kobach

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12 Exhibit "K" - Declaration of Andrew Kossack

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13 Exhibit "L" - Memorandum Opinion in Dunlap v. Presidential Advisory Co

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14 Exhibit "M" - White House Press Release

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15 Exhibit "N" - Breitbart Article

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16 Exhibit "O" - Associated Press / U.S. News Article

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17 Exhibit "P" - Politico Article

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18 Exhibit "Q" - New York Times Article

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19 Exhibit "R" - Plaintiff Affidavits

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20 Exhibit "S" - Composite of Tweets by President Trump

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21 Exhibit "T" - July 6, 2017 Letter from Florida Secretary of State to P

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22 Exhibit "U" - Declaration of Charles C. Herndon

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23 Text of Proposed Order

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Jan. 5, 2018 RECAP
70

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) (Entered: 01/08/2018)

Jan. 8, 2018 PACER
71

ORDER Requiring Expedited Briefing on Plaintiffs' Emergency Motion. Signed by Magistrate Judge Jonathan Goodman on 1/8/2018. (jf00) (Entered: 01/08/2018)

Jan. 8, 2018 RECAP
72

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) (Entered: 01/09/2018)

1 Text of Proposed Order

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Jan. 9, 2018 PACER
73

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) (Entered: 01/09/2018)

1 Text of Proposed Order

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Jan. 9, 2018 PACER
74

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) (Entered: 01/10/2018)

Jan. 10, 2018 PACER
75

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) (Entered: 01/10/2018)

Jan. 10, 2018 PACER
76

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) (Entered: 01/11/2018)

1 Exhibit A

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2 Text of Proposed Order

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Jan. 11, 2018 PACER
77

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) (Entered: 01/11/2018)

Jan. 11, 2018 PACER
78

RESPONSE in Opposition re 76 MOTION to Amend/Correct 71 Order dated January 8, 2018 filed by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 01/12/2018)

1 Exhibit "A" - Andrew Kossack Email, Dated 1/3/18

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Jan. 12, 2018 PACER
79

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) (Entered: 01/12/2018)

Jan. 12, 2018 PACER
80

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) (Entered: 01/12/2018)

Jan. 12, 2018 PACER
81

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) (Entered: 01/12/2018)

1 Exhibit A

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2 Text of Proposed Order

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Jan. 12, 2018 RECAP
82

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) (Entered: 01/16/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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Jan. 16, 2018 PACER
83

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) (Entered: 01/18/2018)

Jan. 18, 2018 RECAP
84

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 Mike Suarez, Florida Immigrant Coalition, Inc., Brenda Shapiro, The American Civil Liberties Union of Florida, Inc, Arthenia L. Joyner, Luis Meurice, Joshua Simmons, 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 Mike Suarez, Florida Immigrant Coalition, Inc., Brenda Shapiro, The American Civil Liberties Union of Florida, Inc, Arthenia L. Joyner, Luis Meurice, Joshua Simmons, 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) (Entered: 01/18/2018)

Jan. 18, 2018 PACER
85

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) (Entered: 01/19/2018)

Jan. 19, 2018 PACER
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 ( Responses due by 2/2/2018) by Ken Detzner. (Fugett, David) (Entered: 01/19/2018)

Jan. 19, 2018 PACER
87

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) (Entered: 01/19/2018)

1 Text of Proposed Order

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Jan. 19, 2018 PACER
88

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) (Entered: 01/20/2018)

Jan. 20, 2018 PACER
89

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) (Entered: 01/26/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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Jan. 26, 2018 PACER
90

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., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, The American Civil Liberties Union of Florida, Inc. Responses due by 2/14/2018 (Attachments: # 1 Text of Proposed Order)(Blank, Jason) (Entered: 01/31/2018)

1 Text of Proposed Order

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Jan. 31, 2018 RECAP
91

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) (Entered: 01/31/2018)

Jan. 31, 2018 PACER
92

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) (Entered: 01/31/2018)

1 Text of Proposed Order

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Jan. 31, 2018 PACER
93

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) (Entered: 02/01/2018)

Feb. 1, 2018 PACER
94

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) (Entered: 02/01/2018)

Feb. 1, 2018 PACER
95

REPLY to Response to Motion re 69 Plaintiff's EMERGENCY MOTION with Certification of Emergency attached (Omnibus) filed by Florida Immigrant Coalition, Inc., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 02/02/2018)

1 Exhibit "A" - 1/5/18 Email from David Fugett to Skip Pita

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2 Exhibit "B" - 1/12/18 Email from DOJ to Counsel for Matthew Dunlap

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Feb. 2, 2018 PACER
96

Plaintiff's MOTION for Reconsideration by Arthenia L. Joyner. (Attachments: # 1 Text of Proposed Order)(Pita, Howard) (Entered: 02/02/2018)

1 Text of Proposed Order

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Feb. 2, 2018 PACER
97

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) (Entered: 02/06/2018)

Feb. 6, 2018 RECAP
98

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) (Entered: 02/07/2018)

1 Exhibit A

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Feb. 7, 2018 PACER
99

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., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, 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) (Entered: 02/09/2018)

1 Exhibit 1 - Statement by the Press Secretary on the PACEI

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2 Exhibit 2 - Trump Disbands Commission on Voter Fraud

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Feb. 9, 2018 PACER
100

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., Arthenia L. Joyner, Luis Meurice, Brenda Shapiro, Joshua Simmons, Mike Suarez, The American Civil Liberties Union of Florida, Inc. Replies due by 2/16/2018. (Burton, Marc) (Entered: 02/09/2018)

Feb. 9, 2018 PACER

State / Territory: Florida

Case Type(s):

Presidential/Gubernatorial Authority

Key Dates

Filing Date: July 10, 2017

Closing Date: 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Five residents of Florida, the American Civil Liberties Union of Florida, and Florida Immigrant Coalition, Inc.

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

United States, Federal

The State of Florida, State

Case Details

Causes of Action:

Administrative Procedure Act, 5 U.S.C. §§ 551 et seq.

State law

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

Constitutional Clause(s):

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Content of Injunction:

Preliminary relief denied