Case: Florida State Conference Of Branches and Youth Units Of the NAACP v. Lee

4:21-cv-00187 | U.S. District Court for the Northern District of Florida

Filed Date: May 6, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This lawsuit challenges Florida's Senate Bill 90 (SB 90), which limited certain voting-related practices such as drop boxes, third-party ballot return, vote-by-mail applications, and activities in the vicinity of polling places. The Florida State Conference of the NAACP, Disability Rights Florida, and Common Cause brought this suit on May 6, 2021, against the Secretary of State of Florida in the U.S. District Court for the Northern District of Florida under the Voting Rights Act (VRA), the Amer…

This lawsuit challenges Florida's Senate Bill 90 (SB 90), which limited certain voting-related practices such as drop boxes, third-party ballot return, vote-by-mail applications, and activities in the vicinity of polling places. The Florida State Conference of the NAACP, Disability Rights Florida, and Common Cause brought this suit on May 6, 2021, against the Secretary of State of Florida in the U.S. District Court for the Northern District of Florida under the Voting Rights Act (VRA), the Americans with Disabilities Act (ADA), and 42 U.S.C. § 1983. The plaintiffs claimed that the law violated the First Amendment and the Fourteenth Amendment’s Equal Protection and Due Process Clauses. They asserted that SB 90 created an undue burden on the right to vote, was unconstitutionally vague and overbroad, constituted race discrimination, and failed to provide reasonable accommodations under Title II of the ADA. The plaintiffs sought injunctive and declaratory relief barring the defendants from enforcing SB 90.

On May 7, 2021, Senior Judge William Stafford recused himself from the case and it was reassigned to Judge Allen C. Winsor. A week later the case was reassigned to Chief Judge Mark E. Walker. Days later, the Republican National Committee and National Republican Senatorial Committee filed a motion to intervene, arguing that they had an interest in ensuring that the plaintiffs did not upend Florida’s duly enacted rule and that the defendant could not adequately represent their interest. On May 28, 2021, the defendant filed a motion to dismiss, alleging that the plaintiffs only stated blanket assertions of entitlement to relief and failed to sufficiently match any of their more than one hundred factual allegations to their five claims. The motion also asserted that the plaintiffs’ ADA claim should be dismissed because their injuries couldn’t be specifically attributed to the Secretary of State’s actions. Further, the defendant argued that the plaintiffs’ claims regarding restrictions on interacting with voters in voting lines should be dismissed because the alleged injuries could be more properly linked to county Supervisors of Elections who were not agents of the Secretary. The defendant conceded that the plaintiffs might be able to sustain their VRA and undue burden claims under a generous reading of the complaint, but that the court should, at a minimum, dismiss the other three claims.

In early June, Judge Walker granted the RNC and National Republican Senatorial Committee’s motion to intervene because he found that they had an interest in the case and adding them as defendants would not unduly delay the adjudication of the case or prejudice the original parties’ rights.

Subsequently, the plaintiffs filed their first amended complaint on June 11, 2021. The amended complaint added new defendants, the 67 county Supervisors of Elections in Florida, and alleged nine total counts, six specifically against the Secretary and all nine against the Supervisors. The plaintiffs separated their cause of action for intentional race discrimination into three claims, alleging that SB 90 violated the VRA and the Fourteenth and Fifteenth Amendments. They asserted that the Secretary and Supervisors were liable for the discrimination caused by the drop box restrictions and other voting restrictions imposed by SB 90. They argued that SB 90’s restrictions coupled with Florida’s long history and ongoing record of racial discrimination and the events leading up to the passage of SB 90 raised strong inferences of Fourteenth Amendment violations.

As a result of this amended complaint, Judge Walker denied the defendants’ motion to dismiss as moot. Three days later, the court consolidated this case with two others challenging SB 90 as racially discriminatory (Harriet Tubman Freedom Fighters v. Lee, et al., 21-cv-00242 and League of Women Voters v. Lee, 21-cv-00186) for discovery purposes only, but deferred the question of consolidating for trial until after discovery was completed. A fourth such case, Florida Rising Together v. Lee 21-cv-00201, was consolidated later. 

The Secretary filed a new motion to dismiss for failure to state a claim on June 25, 2021 and on July 7, 2021, 66 of the Supervisors filed a motion to be excused from active participation in the case. Judge Walker denied the motion to be excused on the same day, stating that the court first needed to determine (1) which of the plaintiffs’ claims were justiciable against the Secretary and (2) whether the plaintiffs had standing for each claim against the Secretary.

On October 8, 2021, the court issued an order granting in part and denying in part the Secretary’s motion to dismiss. Judge Walker dismissed the plaintiffs’ claim against the Supervisors regarding volunteers who assist voters in returning vote-by-mail ballots, finding that the injuries were not traceable to the Supervisors. However, the court permitted the undue burden claim to proceed because the plaintiffs pled sufficient facts to show that restrictions on mail-in ballots denied people the right to vote and imposed a special burden on vulnerable voters. Judge Walker also denied the motion to dismiss for the plaintiffs’ intentional discrimination claim, ADA claim, and the claim that the drop box restrictions discriminated against Black and Latino voters because they had plausibly pleaded the facts. 

On November 11, 2021, the defendants filed a motion for summary judgment asserting that the plaintiffs failed to produce sufficient evidence to prove intentional race-based discrimination, disability discrimination, or discriminatory impact of SB-90. They further argued that the plaintiffs lacked standing because the nonprofit organizations failed to show that they or their members would be substantially burdened by the law. On December 17, 2021, the court granted the defendants' motions for summary judgment only as to the First Amendment facial challenge to the non-solicitation provision and otherwise denied the motions. On January 14, 2022, the plaintiffs filed a written opening statement with the court.

Trial for all four consolidated cases began on January 31, 2022, before Chief Judge Mark E. Walker, and was docketed under League of Women Voters v. Lee, 21-cv-00186. After the 14-day trial, the Florida State Conference of the NAACP and Florida Rising Together filed a joint post-trial brief. As of March 13, 2022, the court had yet to reach a decision in the case.

Summary Authors

Devon Schmidt (11/18/2021)

Rachel Harrington (3/13/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/59922714/parties/disability-rights-florida-v-lee/


Judge(s)

Fitzpatrick, Martin A. (Florida)

Walker, Mark Eaton (Florida)

Attorneys(s) for Plaintiff

Cavataro, Benjamin L. (District of Columbia)

Choi, Ellen (California)

Duke, Peter Benjamin DeWitt (New York)

Fajana, Morenike (New York)

Fletcher, Michael Anthony II (District of Columbia)

Fouhey, Elizabeth T (District of Columbia)

Fram, Robert D. (California)

Khazem, Jad H (District of Columbia)

Judge(s)

Fitzpatrick, Martin A. (Florida)

Walker, Mark Eaton (Florida)

Attorneys(s) for Plaintiff

Cavataro, Benjamin L. (District of Columbia)

Choi, Ellen (California)

Duke, Peter Benjamin DeWitt (New York)

Fajana, Morenike (New York)

Fletcher, Michael Anthony II (District of Columbia)

Fouhey, Elizabeth T (District of Columbia)

Fram, Robert D. (California)

Khazem, Jad H (District of Columbia)

King, Nellie Linn (Florida)

Merle, Natasha C. (New York)

Morris, John Z (New York)

Nasseri, Cyrus S (District of Columbia)

Pernick, Michael (New York)

Poliak, Sham M (New York)

Reed, Mahogane D (District of Columbia)

Saunders, Morgan Elizabeth (District of Columbia)

Trigg, Amia L. (District of Columbia)

Williamson, Virginia (District of Columbia)

Attorneys(s) for Defendant

Bardos, Andy V. (Florida)

Benda, Kyle J (Florida)

Bentley, Morgan Ray (Florida)

Bledsoe, William Kevin (Florida)

Brown, Summer Denay (Florida)

Chappell, William David (Florida)

Cuffe, Edward Paul (Florida)

Cycon, John J (Virginia)

Daines, Kenneth Clark (Virginia)

Davis, Ashley E. (Florida)

Ellis, Elizabeth Desloge (Florida)

Feiser, Craig D. (Florida)

Giannini, Mary Margaret (Florida)

Gibson, Benjamin J (Florida)

Gordon, Philip M. (Virginia)

Herron, Mark (Florida)

Holt, Dallin B (Virginia)

Janousek, John M (Florida)

Jarone, Joseph K (Florida)

Jazil, Mohammad Omar (Florida)

Johnson, Kia M (Florida)

Jouben, Jon A (Florida)

Klitsberg, Nathaniel Adam (Florida)

Labasky, Ronald Albert (Florida)

Lavia, John T III (Florida)

Mari, Frank Michael (Florida)

Masters Johnson, Diana (Florida)

McVay, Bradley Robert (Florida)

Mood, Kirsten H (Florida)

O'Brien, Colleen E (Florida)

Olivo, Geraldo Francis III (Florida)

Ott, London Lee (Florida)

Perko, Gary Vergil (Florida)

Rosenthal, Oren (Florida)

Salzillo, Benjamin (Florida)

Scott, Dale A (Florida)

Shannin, Nicholas Ari (Florida)

Shearman, Robert C (Florida)

Smith Erdelyi, Susan (Florida)

Stewart, Gregory Thomas (Florida)

Swain, Robert Charles (Florida)

Todd, Stephen Mark (Florida)

Valdes, Michael Beny (Florida)

Vicari, Kelly Lynn (Florida)

Other Attorney(s)

Begakis, Steven Christopher (Virginia)

Green, Tyler R. (Utah)

Meros, George N Jr. (Florida)

Nordby, Daniel E. (Florida)

Norris, Cameron T. (Virginia)

Shapiro, Daniel Joseph (Virginia)

Stoner Nunnally, Amber (Florida)

Zacherl, Frank A (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

Disability Rights Florida v. Lee

Nov. 15, 2021 Docket
1

Complaint for Declaratory and Injunctive Relief

May 6, 2021 Complaint
43

Order Granting Motion to Intervene

June 8, 2021 Order/Opinion
45

First Amended Complaint for Declaratory and Injunctive Relief

June 11, 2021 Complaint
45

First Amended Complaint for Declaratory and Injunctive Relief

Florida State Conference of the NAACP v. Lee

June 11, 2021 Complaint
249

Order on Motion to Dismiss

Florida State Conference of the NAACP v. Lee

2021 WL 4818913

Oct. 8, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59922714/disability-rights-florida-v-lee/

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT For Declaratory and Injunctive Relief against LAUREL M. LEE ( Filing fee $ 402 receipt number AFLNDC-6079487.), filed by FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE, DISABILITY RIGHTS FLORIDA. (Attachments: # 1 Summons) (KING, NELLIE) (Entered: 05/06/2021)

1 Summons

View on PACER

May 6, 2021 Clearinghouse
2

CIVIL COVER SHEET. (KING, NELLIE) (Entered: 05/06/2021)

May 6, 2021 PACER
3

Summons Issued as to LAUREL M. LEE. (rcb) (Entered: 05/07/2021)

May 7, 2021 PACER
4

ORDER OF DISQUALIFICATION. I hereby disqualify myself from participation as a judge in this case. SENIOR JUDGE WILLIAM STAFFORD recused. Case reassigned to JUDGE ALLEN C WINSOR for all further proceedings. Signed by SENIOR JUDGE WILLIAM STAFFORD on 05/07/2021. (rcb)Please use the new judge's initials for all future filings: 4:21cv187-AW/MAF (Entered: 05/07/2021)

May 7, 2021 PACER
5

NOTICE OF CASE INVOLVING ISSUES OF FACT OR LAW IN COMMON (KING, NELLIE) Modified to edit title on 5/11/2021 (rcb). (Entered: 05/10/2021)

May 10, 2021 PACER
6

NOTICE of Appearance by BRADLEY ROBERT MCVAY on behalf of LAUREL M. LEE (MCVAY, BRADLEY) (Entered: 05/12/2021)

May 12, 2021 PACER
7

MOTION to Appear Pro Hac Vice by Morenike Fajana.( Filing fee $ 208 receipt number AFLNDC-6089951.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit Certificate of Good Standing) (FAJANA, MORENIKE) (Entered: 05/12/2021)

May 12, 2021 PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 7 MOTION to Appear Pro Hac Vice by Morenike Fajana.( Filing fee $ 208 receipt number AFLNDC-6089951.) - Referred to MARTIN A FITZPATRICK. (tss)

May 12, 2021 PACER
8

MOTION to Appear Pro Hac Vice by John Z. Morris.( Filing fee $ 208 receipt number AFLNDC-6090013.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit Ex. A - Certificate of Good Standing) (MORRIS, JOHN) (Entered: 05/12/2021)

May 12, 2021 PACER
9

MOTION to Appear Pro Hac Vice by Michael Pernick.( Filing fee $ 208 receipt number AFLNDC-6090101.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit Ex. A - Certificate of Good Standing) (PERNICK, MICHAEL) (Entered: 05/12/2021)

May 12, 2021 PACER
10

NOTICE of Appearance by ASHLEY E DAVIS on behalf of LAUREL M. LEE (DAVIS, ASHLEY) (Entered: 05/12/2021)

May 12, 2021 PACER
11

NOTICE of Appearance by MOHAMMAD OMAR JAZIL on behalf of LAUREL M. LEE (JAZIL, MOHAMMAD) (Entered: 05/12/2021)

May 12, 2021 PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: 6 Notice of Appearance (rcb)**An ISO is needed**

May 13, 2021 PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 9 MOTION to Appear Pro Hac Vice by Michael Pernick.( Filing fee $ 208 receipt number AFLNDC-6090101.), 8 MOTION to Appear Pro Hac Vice by John Z. Morris. ( Filing fee $ 208 receipt number AFLNDC-6090013.). Referred to MARTIN A FITZPATRICK. (rcb)

May 13, 2021 PACER
12

ORDER. It is ORDERED that the motion for leave to appear pro hac vice, ECF No. 7, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 05/13/2021. (rcb) (Entered: 05/13/2021)

May 13, 2021 PACER
13

ORDER.It is ORDERED that the motion for leave to appear prohac vice, ECF No. 8, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 05/13/2021. (rcb) (Entered: 05/13/2021)

May 13, 2021 PACER
14

ORDER. It is ORDERED that the motion for leave to appear pro hac vice, ECF No. 9, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 05/13/2021. (rcb) (Entered: 05/13/2021)

May 13, 2021 PACER
15

AFFIDAVIT of Service for Summons and Complaint served on Laurel M. Lee on 5/10/2021, filed by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP., CERTIFICATE OF SERVICE by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP re 3 Summons Issued (KING, NELLIE) (Entered: 05/13/2021)

May 13, 2021 PACER

Set Deadlines/Hearings Answer due by 5/31/2021 for Laurel M. Lee (rcb)

May 14, 2021 PACER
16

ORDER REASSIGNING CASE signed by JUDGE ALLEN C WINSOR on 5/14/21. Case reassigned to CHIEF JUDGE MARK E WALKER for all further proceedings. JUDGE ALLEN C WINSOR no longer assigned to case (tss) (Entered: 05/14/2021)

May 14, 2021 PACER
17

Corporate Disclosure Statement/Certificate of Interested Persons by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (KING, NELLIE) (Entered: 05/17/2021)

May 17, 2021 PACER
18

NOTICE of Appearance by BENJAMIN LOUIS BAER CAVATARO on behalf of DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP (CAVATARO, BENJAMIN) (Entered: 05/17/2021)

May 17, 2021 PACER
19

MOTION to Intervene by Republican National Committee, National Republican Senatorial Committee. (NORDBY, DANIEL) (Entered: 05/20/2021)

May 20, 2021 RECAP
20

MEMORANDUM in Support re 19 MOTION to Intervene filed by National Republican Senatorial Committee, Republican National Committee. (NORDBY, DANIEL) (Entered: 05/20/2021)

May 20, 2021 PACER
21

Proposed Intervenor Defendants' ANSWER to 1 Complaint, by National Republican Senatorial Committee, Republican National Committee. (NORDBY, DANIEL) (Entered: 05/20/2021)

May 20, 2021 PACER
22

MOTION to Appear Pro Hac Vice by Robert D. Fram.( Filing fee $ 208 receipt number AFLNDC-6103552.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit Certificate of Standing) (FRAM, ROBERT) (Entered: 05/21/2021)

May 21, 2021 PACER
23

MOTION to Appear Pro Hac Vice by Tyler Green.( Filing fee $ 208 receipt number AFLNDC-6103677.) by National Republican Senatorial Committee, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (NORDBY, DANIEL) (Entered: 05/21/2021)

May 21, 2021 PACER
24

MOTION to Appear Pro Hac Vice by Cameron T. Norris.( Filing fee $ 208 receipt number AFLNDC-6103679.) by National Republican Senatorial Committee, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (NORDBY, DANIEL) (Entered: 05/21/2021)

May 21, 2021 PACER
25

ORDER ADMITTING ROBERT DANIEL FRAM PRO HAC VICE. This Court has considered, without hearing, the Motion for Admission Pro Hac Vice of Robert Daniel Fram. ECF No. 22 . The motion is GRANTED conditioned on payment of the applicable fee.1 Mr. Fram has otherwise fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 5/24/21. (blb) (Entered: 05/24/2021)

May 24, 2021 PACER
26

NOTICE of Appearance by DANIEL JOSEPH SHAPIRO on behalf of National Republican Senatorial Committee, Republican National Committee (SHAPIRO, DANIEL) (Entered: 05/24/2021)

May 24, 2021 PACER
27

ORDER ADMITTING CAMERON T. NORRIS PRO HAC VICE. This Court has considered, without hearing, the Motion for Admission Pro Hac Vice of Cameron T. Norris. ECF No. 24 . The motion is GRANTED conditioned on payment of the applicable fee. Mr. Norris has otherwise fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Proposed Intervenor-Defendants. Signed by CHIEF JUDGE MARK E WALKER on 5/24/21. (blb) (Entered: 05/24/2021)

May 24, 2021 PACER
28

ORDER ADMITTING TYLER GREEN PRO HAC VICE. This Court has considered, without hearing, the Motion for Admission Pro Hac Vice of Tyler Green. ECF No. 23 . The motion is GRANTED conditioned on payment of the applicable fee. Mr. Green has otherwise fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Proposed Intervenor-Defendants. Signed by CHIEF JUDGE MARK E WALKER on 5/24/21. (blb) (Entered: 05/25/2021)

May 24, 2021 PACER
29

NOTICE of Appearance by GARY VERGIL PERKO on behalf of LAUREL M LEE (PERKO, GARY) (Entered: 05/25/2021)

May 25, 2021 PACER
30

MOTION to Appear Pro Hac Vice by Morgan E. Saunders.( Filing fee $ 208 receipt number AFLNDC-6107431.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (SAUNDERS, MORGAN) (Entered: 05/25/2021)

May 25, 2021 PACER
31

ORDER ADMITTING MORGAN E. SAUNDERS PRO HAC VICE. This Court has considered, without hearing, the motion to admit Morgan E. Saunders pro hac vice, ECF No. 30 . The motion is GRANTED. Ms. Saunders has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 5/25/21. (blb) (Entered: 05/25/2021)

May 25, 2021 PACER
32

NOTICE of Appearance by AMBER STONER NUNNALLY on behalf of National Republican Senatorial Committee, Republican National Committee (NUNNALLY, AMBER) (Entered: 05/26/2021)

May 26, 2021 PACER
33

NOTICE of Appearance by JAD H KHAZEM on behalf of DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP (KHAZEM, JAD) (Entered: 05/27/2021)

May 27, 2021 PACER
34

MOTION to Appear Pro Hac Vice by P. Benjamin Duke.( Filing fee $ 208 receipt number AFLNDC-6112314.) by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (DUKE, P) (Entered: 05/27/2021)

May 27, 2021 PACER
35

ORDER ADMITTING P. BENJAMIN DUKE PRO HAC VICE. This Court has considered, without hearing, the motion to admit P. Benjamin Duke pro hac vice, ECF No. 34 . The motion is GRANTED. Mr. Duke has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 5/28/21. (blb) (Entered: 05/28/2021)

May 28, 2021 PACER
36

SECRETARY OF STATE'S MOTION TO DISMISS WITH INCORPORATED MEMORANDUM OF LAW. (Internal deadline for referral to judge if response not filed earlier: 6/11/2021). (JAZIL, MOHAMMAD) Modified to edit title on 6/2/2021 (rcb). (Entered: 05/28/2021)

May 28, 2021 RECAP
37

PLAINTIFFS' OPPOSITION TO MOTION TO INTERVENE (CAVATARO, BENJAMIN) Modified to edit title on 6/4/2021 (rcb). (Entered: 06/03/2021)

June 3, 2021 PACER
38

MOTION to Appear Pro Hac Vice by Steven C. Begakis.( Filing fee $ 208 receipt number AFLNDC-6120724.) by National Republican Senatorial Committee, Republican National Committee. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (NORDBY, DANIEL) (Entered: 06/04/2021)

June 4, 2021 PACER
39

DOCKET ANNOTATION BY COURT: ISO placed in Judge Walker's folder (rcb) (Entered: 06/04/2021)

June 4, 2021 PACER
40

ORDER ADMITTING STEVEN C. BEGAKIS PRO HAC VICE. The 38 motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 06/04/2021. (rcb) (Entered: 06/04/2021)

June 4, 2021 PACER
41

INITIAL SCHEDULING ORDER. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 6/18/2021. Rule 26 Meeting Report due by 7/19/2021. Discovery due by 10/4/2021. Status Report due by 7/5/2021. Signed by CHIEF JUDGE MARK E WALKER on 06/04/2021. (rcb) (Entered: 06/04/2021)

June 4, 2021 PACER
42

NOTICE of Supplemental Authority by National Republican Senatorial Committee, Republican National Committee re 19 MOTION to Intervene (NORRIS, CAMERON) (Entered: 06/07/2021)

June 7, 2021 PACER
43

ORDER GRANTING 37 MOTION TO INTERVENE. Plaintiffs' oppose the intervention. ECF No. 37 . For the reasons provided below, the motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 06/08/2021. (rcb) (Entered: 06/08/2021)

June 8, 2021 RECAP
44

NOTICE of Change of Address by MOHAMMAD OMAR JAZIL (JAZIL, MOHAMMAD) (Entered: 06/10/2021)

June 10, 2021 PACER
45

FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants All Defendants., filed by FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE, DISABILITY RIGHTS FLORIDA. (KHAZEM, JAD) (Entered: 06/11/2021)

June 11, 2021 Clearinghouse
46

PLAINTIFFS' MEMORANDUM IN OPPOSITION TO DEFENDANT SECRETARY OF STATE'S MOTION TO DISMISS. (Attachments: # 1 Exhibit A -- As-Filed Amended Complaint) (KHAZEM, JAD) Modified to edit title on 6/14/2021 (rcb). (Entered: 06/11/2021)

June 11, 2021 PACER
47

ORDER DENYING 36 MOTION TO DISMISS AS MOOT. Defendant's motion is thus DENIED as moot. Signed by CHIEF JUDGE MARK E WALKER on 06/14/2021. (rcb) Modified to edit title on 7/19/2021 (rcb). (Entered: 06/14/2021)

June 14, 2021 RECAP
48

NOTICE of Change of Address by GARY VERGIL PERKO (PERKO, GARY) (Entered: 06/14/2021)

June 14, 2021 PACER
49

Unopposed MOTION to Consolidate Cases by LAUREL M LEE. (JAZIL, MOHAMMAD) Modified on 6/17/2021 to complete the document title. (kjw) (Entered: 06/16/2021)

June 16, 2021 PACER
50

WAIVER OF SERVICE Returned Executed by CRAIG LATIMER. CRAIG LATIMER waiver sent on 6/16/2021, answer due 8/16/2021. (TODD, STEPHEN) (Entered: 06/17/2021)

June 17, 2021 PACER
51

WAIVER OF SERVICE Returned Executed by RON TURNER. RON TURNER waiver sent on 6/17/2021, answer due 8/16/2021. (BENTLEY, MORGAN) (Entered: 06/17/2021)

June 17, 2021 PACER
52

NOTICE of Appearance by STEPHEN MARK TODD on behalf of CRAIG LATIMER (TODD, STEPHEN) (Entered: 06/17/2021)

June 17, 2021 PACER
53

WAIVER OF SERVICE Returned Executed by KIM A BARTON. KIM A BARTON waiver sent on 6/17/2021, answer due 8/16/2021. (SWAIN, ROBERT) (Entered: 06/17/2021)

June 17, 2021 PACER
54

NOTICE of Appearance by ROBERT CHARLES SWAIN on behalf of KIM A BARTON (SWAIN, ROBERT) (Entered: 06/17/2021)

June 17, 2021 PACER
55

NOTICE of Appearance by DIANA MASTERS JOHNSON on behalf of KIM A BARTON (JOHNSON, DIANA) (Entered: 06/17/2021)

June 17, 2021 PACER
56

NOTICE of Summonses to be Issued. Summons to Janet H. Adkins. by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP (Attachments: # 1 Summons to Mark Andersen, # 2 Summons to Christopher Anderson, # 3 Summons to Shirley Anderson, # 4 Summons to Melissa Arnold, # 5 Summons to Mary Jane Arrington, # 6 Summons to Maureen Baird, # 7 Summons to Bobby Beasley, # 8 Summons to Michael Bennett, # 9 Summons to Marty Bishop, # 10 Summons to Tomi Stinson Brown, # 11 Summons to Starlet Cannon, # 12 Summons to Chris H. Chambless, # 13 Summons to Sharon Chason, # 14 Summons to Grant Conyers, # 15 Summons to Brian E. Corley, # 16 Summons to Bill Cowles, # 17 Summons to Vicki Davis, # 18 Summons to Tommy Doyle, # 19 Summons to Heath Driggers, # 20 Summons to Carol A. Dunaway, # 21 Summons to Mark S. Earley, # 22 Summons to Lori Edwards, # 23 Summons to Jennifer J. Edwards, # 24 Summons to Aletris Farnam, # 25 Summons to Joyce Griffin, # 26 Summons to John Hanlon, # 27 Summons to Travis Hart, # 28 Summons to Alan Hays, # 29 Summons to Mike Hogan, # 30 Summons to Brenda Hoots, # 31 Summons to Laura Hutto, # 32 Summons to Tammy Jones, # 33 Summons to William Keen, # 34 Summons to Jennifer Musgrove Kinsey, # 35 Summons to Shirley G. Knight, # 36 Summons to Kaiti Lenhart, # 37 Summons to Lisa Lewis, # 38 Summons to Wendy Sartory Link, # 39 Summons to Paul Lux, # 40 Summons to Julie Marcus, # 41 Summons to Therisa Meadows, # 42 Summons to Christopher Milton, # 43 Summons to Joseph Morgan, # 44 Summons to Mark F. Negley, # 45 Summons to Vicky Oakes, # 46 Summons to Penny Ogg, # 47 Summons to Deborah K. Osborne, # 48 Summons to Charles Overturf, # 49 Summons to Heather Riley, # 50 Summons to Carol F. Rudd, # 51 Summons to Connie Sanchez, # 52 Summons to Joe Scott, # 53 Summons to Lori Scott, # 54 Summons to Amanda Seyfang, # 55 Summons to Diane Smith, # 56 Summons to Dana Southerland, # 57 Summons to Paul A. Stamoulis, # 58 Summons to Leslie Rossway Swan, # 59 Summons to Tappie A. Villane, # 60 Summons to Gertrude Walker, # 61 Summons to Christina White, # 62 Summons to Wesley Wilcox) (CAVATARO, BENJAMIN) (Entered: 06/17/2021)

June 17, 2021 PACER
57

NOTICE of Appearance by KELLY LYNN VICARI on behalf of JULIE MARCUS (VICARI, KELLY) (Entered: 06/17/2021)

June 17, 2021 PACER
58

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. DAVID H STAFFORD waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/17/2021)

June 17, 2021 PACER
59

ORDER ON MOTIONS TO CONSOLIDATE. Defendant's motions, ECF Nos. 87, 49, 5, are GRANTED in part and DENIED in part; this Court will consolidate NAACP, No.: 4:21cv187, and Harriet Tubman, No.: 21cv242, with League of Women Voters, No. 4:21cv186, for discovery purposes only, and will defer ruling on the question of consolidation for trial until after discovery is completed and all dispositive motions have been ruled on All parties in each of the three cases must meet for a joint scheduling conference on or before 7/6/2021 and file a corresponding Rule 26 report in League of Women Voters, No.: 4:21cv186, on or before 7/19/2021. Finally, Defendants motion is DENIED without prejudice as to Florida Rising, No.: 21cv201. Signed by CHIEF JUDGE MARK E WALKER on 06/17/2021. (rcb) (Entered: 06/17/2021)

June 17, 2021 RECAP
60

NOTICE of Appearance by KIA M JOHNSON on behalf of DAVID H STAFFORD (JOHNSON, KIA) (Entered: 06/17/2021)

June 17, 2021 PACER
61

NOTICE of Appearance by ANDY V BARDOS on behalf of CHRIS ANDERSON, MICHAEL BENNETT, BRIAN E CORLEY, TOMMY DOYLE, JENNIFER J EDWARDS, JOYCE GRIFFIN, ALAN HAYS, LESLIE ROSSWAY SWAN, WESLEY WILCOX (BARDOS, ANDY) (Entered: 06/17/2021)

June 17, 2021 PACER
62

NOTICE of Appearance by WILLIAM KEVIN BLEDSOE on behalf of LISA LEWIS (BLEDSOE, WILLIAM) (Entered: 06/18/2021)

June 18, 2021 PACER
63

NOTICE of Appearance by LONDON LEE OTT on behalf of LISA LEWIS (OTT, LONDON) (Entered: 06/18/2021)

June 18, 2021 PACER
64

NOTICE of Appearance by JON A JOUBEN on behalf of SHIRLEY ANDERSON (JOUBEN, JON) (Entered: 06/21/2021)

June 21, 2021 PACER
65

Corporate Disclosure Statement/Certificate of Interested Persons by SHIRLEY ANDERSON. (JOUBEN, JON) (Entered: 06/21/2021)

June 21, 2021 PACER
66

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. JENNIFER J EDWARDS waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/21/2021)

June 21, 2021 PACER
67

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. LESLIE ROSSWAY SWAN waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/21/2021)

June 21, 2021 PACER
68

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. ALAN HAYS waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/21/2021)

June 21, 2021 PACER
69

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. TOMMY DOYLE waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/21/2021)

June 21, 2021 PACER
70

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. MICHAEL BENNETT waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/21/2021)

June 21, 2021 PACER
71

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. WESLEY WILCOX waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/21/2021)

June 21, 2021 PACER
72

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. JOYCE GRIFFIN waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/21/2021)

June 21, 2021 PACER
73

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. BRIAN E CORLEY waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/21/2021)

June 21, 2021 PACER
74

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. CHRIS ANDERSON waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/21/2021)

June 21, 2021 PACER
75

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. PAUL A STAMOULIS waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/21/2021)

June 21, 2021 PACER
76

NOTICE of Appearance by KYLE J BENDA on behalf of SHIRLEY ANDERSON (BENDA, KYLE) (Entered: 06/23/2021)

June 23, 2021 PACER
77

NOTICE of Appearance by FRANK MICHAEL MARI on behalf of JOHN HANLON (MARI, FRANK) (Entered: 06/23/2021)

June 23, 2021 PACER
78

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. ALETRIS FARNAM waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/23/2021)

June 23, 2021 PACER
79

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. DIANE SMITH waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/23/2021)

June 23, 2021 PACER
80

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. BRENDA HOOTS waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/23/2021)

June 23, 2021 PACER
81

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. THERISA MEADOWS waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/23/2021)

June 23, 2021 PACER
82

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. TAMMY JONES waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/23/2021)

June 23, 2021 PACER
83

WAIVER OF SERVICE Returned Executed by FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. MELISSA ARNOLD waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/23/2021)

June 23, 2021 PACER
84

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. LISA LEWIS waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/24/2021)

June 24, 2021 PACER
85

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. MIKE HOGAN waiver sent on 6/16/2021, answer due 8/16/2021. (CAVATARO, BENJAMIN) (Entered: 06/24/2021)

June 24, 2021 PACER
86

NOTICE -- Amended Notice of Summonses to be Issued by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP (Attachments: # 1 Summons to be Issued to Marty Bishop, # 2 Summons to be Issued to Wendy Link, # 3 Summons to be Issued to Mark Negley, # 4 Summons to be Issued to Peggy Ogg, # 5 Summons to be Issued to Connie Sanchez, # 6 Summons to be Issued to Lori Scott, # 7 Summons to be Issued to Christina White) (CAVATARO, BENJAMIN) (Entered: 06/24/2021)

June 24, 2021 PACER
87

MOTION for Leave to File Excess Pages by LAUREL M LEE. (JAZIL, MOHAMMAD) (Entered: 06/24/2021)

June 24, 2021 PACER
88

ORDER GRANTING 87 MOTION TO EXCEED WORD LIMITS. The 87 motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 06/25/2021. (rcb) (Entered: 06/25/2021)

June 25, 2021 PACER
89

Summons Issued as to MARTY BISHOP, WENDY SARTORY LINK, MARK F NEGLEY, PENNY OGG, CONNIE SANCHEZ, LORI SCOTT, CHRISTINA WHITE. (Attachments: # 1 Exhibit SUMMONS ISSUED LORI SCOTT, # 2 Exhibit SUMMONS ISSUED WENDY LINK, # 3 Exhibit SUMMONS ISSUED PEGGY OGG, # 4 Exhibit SUMMONS ISSUED CONNIE SANCHEZ, # 5 Exhibit SUMMONS ISSUED CHRISTINA WHITE, # 6 Exhibit SUMMONS ISSUED MARTY BISHOP) (rcb) (Entered: 06/25/2021)

June 25, 2021 PACER
90

NOTICE of Appearance by FRANK MICHAEL MARI on behalf of MARTY BISHOP, HEATH DRIGGERS, KAITI LENHART, MARK F NEGLEY, PENNY OGG, CONNIE SANCHEZ, LORI SCOTT (MARI, FRANK) (Entered: 06/25/2021)

June 25, 2021 PACER
91

ANSWER to 45 Amended Complaint by NATIONAL REPUBLICAN SENATORIAL COMMITTEE, REPUBLICAN NATIONAL COMMITTEE. (NORRIS, CAMERON) (Entered: 06/25/2021)

June 25, 2021 PACER
92

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by LAUREL M LEE. (Attachments: # 1 Memo. in Support, # 2 Exhibit A) (JAZIL, MOHAMMAD) (Entered: 06/25/2021)

June 25, 2021 PACER
93

MOTION for Extension of Time to File Response/Reply as to 92 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by DISABILITY RIGHTS FLORIDA, COMMON CAUSE, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP. (CAVATARO, BENJAMIN) (Entered: 06/29/2021)

June 29, 2021 PACER
94

ORDER GRANTING 93 EXTENSION OF TIME. Given the holiday weekend, the motion is GRANTED. Plaintiffs shall file their response on or before 7/16/2021). Signed by CHIEF JUDGE MARK E WALKER on 06/29/2021. (rcb) (Entered: 06/29/2021)

June 29, 2021 PACER
95

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. MARTY BISHOP waiver sent on 6/23/2021, answer due 8/23/2021. (CAVATARO, BENJAMIN) (Entered: 06/29/2021)

June 29, 2021 PACER
96

WAIVER OF SERVICE Returned Executed by DISABILITY RIGHTS FLORIDA, FLORIDA STATE CONFERENCE OF BRANCHES AND YOUTH UNITS OF THE NAACP, COMMON CAUSE. HEATH DRIGGERS waiver sent on 6/23/2021, answer due 8/23/2021. (CAVATARO, BENJAMIN) (Entered: 06/29/2021)

June 29, 2021 PACER

State / Territory: Florida

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: May 6, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Nonprofit civil rights and disability rights organizations.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NAACP Legal Defense Fund

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State of Florida, State

County Supervisors of Elections, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 208 (assistance for disabled persons), 52 U.S.C. § 10508 (previously 42 U.S.C. § 1973aa-6)

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Equal Protection

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Voting

Voting access

Discrimination-basis:

Disability (inc. reasonable accommodations)

Race discrimination

Race:

Black

Race, unspecified

Disability:

Mobility impairment

Visual impairment

Voting:

Election administration

National Origin/Ethnicity:

Hispanic