Case: City of South Miami v. DeSantis

1:19-cv-22927 | U.S. District Court for the Southern District of Florida

Filed Date: July 16, 2019

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 16, 2019, the plaintiffs filed a complaint in the U.S. District Court for the Southern District of Florida, where it was assigned to Judge Beth Bloom. The plaintiffs sought to enjoin the defendants, Florida officials, from enforcing the provisions of SB 168, a state law deemed by its sponsors to be an "anti-sanctuary cities law." The law required local law enforcement officers to enforce federal immigration laws and regulations, regardless of what local law permitted. The plaintiffs, th…

On July 16, 2019, the plaintiffs filed a complaint in the U.S. District Court for the Southern District of Florida, where it was assigned to Judge Beth Bloom. The plaintiffs sought to enjoin the defendants, Florida officials, from enforcing the provisions of SB 168, a state law deemed by its sponsors to be an "anti-sanctuary cities law." The law required local law enforcement officers to enforce federal immigration laws and regulations, regardless of what local law permitted. The plaintiffs, the City of South Miami and various non-profit organizations, alleged that the law violated the Supremacy Clause of the U.S. Constitution as well as the Due Process and Equal Protection Clauses of the Fourteenth Amendment. Represented by public interest attorneys, the plaintiffs sought declaratory and injunctive relief, as well as a preliminary injunction. On August 21, 2019, the plaintiffs filed an amended complaint requesting the same relief but argued that a slightly different provision of the law violated the Equal Protection Clause.  

On August 30, 2019, the plaintiffs filed a motion for a preliminary injunction enjoining the defendants from enforcing chapter 908 of SB 168. They argued that the law preempted federal immigration law and was unconstitutionally vague. Specifically, they challenged the Detainer Mandate, Transport Requirement, and Cost Reimbursement provisions for preempting federal law, and challenged the “Best Efforts” provision and the Sanctuary Provisions for being unconstitutionally vague. The court granted in part and denied in part the plaintiffs’ motion for preliminary injunction. The court granted the preliminary injunction for the Transport Requirement and invoked severability to deny a preliminary injunction for the remaining provisions. The Transportation Requirement would require local officials to transport persons across state lines to federal immigration agencies and detention centers.

The defendants moved to dismiss the amended complaint for failure to state a claim on September 4, 2019, and the court subsequently granted the plaintiffs the opportunity to amend their complaint a second time before December 27, 2019. This second amended complaint does not appear in the docket.

In February 2020, the court assigned a mediator to the case, John W. Salmon. 

On December 11, 2020, the court granted in part the plaintiffs' August 28, 2020, motion for summary judgment, permanently enjoining the defendants from enforcing the transport provision of SB 168, finding that it was preempted by federal law and was thus unconstitutional. The court scheduled a bench trial for the remaining disputed provisions.

Judge Bloom entered a final judgment in favor of the plaintiffs on September 21, 2021. The court held that the plaintiffs sufficiently demonstrated that the "Best Efforts" provision and sanctuary prohibitions violated the Equal Protection Clause because SB 168 was enacted with purposeful discriminatory intent, and so the court permanently enjoined the defendants from enforcing those provisions. The defendants appealed the decision to the U.S. Court of Appeal for the Eleventh Circuit on October 19, 2021 (No. 21-13657). As of December 19, 2021, the appeal is ongoing.

Summary Authors

Betsy Sheppard (2/3/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/15923075/parties/city-of-south-miami-v-desantis/


Judge(s)

Bloom, Beth Francine (Florida)

Louis, Lauren Fleischer (Florida)

Attorneys(s) for Plaintiff

Anderson, Anne Janet Hernandez (Florida)

Bettinger-Lopez, Caroline (Florida)

Chavez, Paul (Florida)

Dwyer, Robert Kieran (Florida)

Gonzalez, Michelle P. (Florida)

Greer, Alana J (Florida)

Haskell, Miriam Fahsi (Florida)

Londono, Oscar Hernan (Florida)

Judge(s)

Bloom, Beth Francine (Florida)

Louis, Lauren Fleischer (Florida)

Attorneys(s) for Plaintiff

Anderson, Anne Janet Hernandez (Florida)

Bettinger-Lopez, Caroline (Florida)

Chavez, Paul (Florida)

Dwyer, Robert Kieran (Florida)

Gonzalez, Michelle P. (Florida)

Greer, Alana J (Florida)

Haskell, Miriam Fahsi (Florida)

Londono, Oscar Hernan (Florida)

Mesa-Estrada, Victoria (Florida)

Sharpless, Rebecca (Florida)

Attorneys(s) for Defendant

Brodeen, Karen Ann (Florida)

Ernst, Colleen M (Florida)

Patel, Anita J (Florida)

Percival, James Hamilton II (Florida)

Teegen, Elizabeth Ann (Florida)

Wenger, Edward M (Florida)

Other Attorney(s)

Davis, Martha F (Massachusetts)

Gregg, Kevin Arthur (Florida)

Vastine, Michael S (Florida)

Ward, JoAnn Kamuf (New York)

Documents in the Clearinghouse

Document

Docket [PACER]

City of South Miami v. Desantis

Sept. 21, 2021 Docket
1

Complaint for Injunctive Relief and Declaratory Judgment

City of South Miami v. Desantis

July 16, 2019 Complaint
38

Amended Complaint for Injunctive Relief and Declaratory Judgment

City of South Miami v. Desantis

Aug. 21, 2019 Complaint
64

Order

City of South Miami v. Desantis

408 F.Supp.3d 1266

Sept. 30, 2019 Order/Opinion
83

Order

City of South Miami v. Desantis

424 F.Supp.3d 1309

Dec. 12, 2019 Order/Opinion
164

Omnibus Order

City of South Miami v. Desantis

508 F.Supp.3d 1209

Dec. 14, 2020 Order/Opinion
201

Findings of Fact and Conclusions of Law

City of South Miami v. Desantis

2021 WL 4272017

Sept. 21, 2021 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/15923075/city-of-south-miami-v-desantis/

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

ECF Number Description Date Link
1

COMPLAINT FOR INJUNCTIVE RELIEF AND DECLARATORY JUDGMENT against All Defendants. Filing fees $ 400.00 receipt number 113C-11815727, filed by WeCount!, Inc., Farmworker Association of Florida, Inc., Americans for Immigrant Justice, Inc., Hope Community Center, Inc., Florida Immigrant Coalition, Inc., The Guatemalan-Maya Center, Inc., City of South Miami, Family Action Network Movement, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc., QLatinx. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Exhibit 1, # 5 Exhibit 2, # 6 Exhibit 3, # 7 Exhibit 4, # 8 Exhibit 5, # 9 Exhibit 6, # 10 Exhibit 7)(Hernandez Anderson, Anne) (Entered: 07/16/2019)

1 Civil Cover Sheet

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2 Summon(s)

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3 Summon(s)

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4 Exhibit 1

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5 Exhibit 2

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6 Exhibit 3

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7 Exhibit 4

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8 Exhibit 5

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9 Exhibit 6

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10 Exhibit 7

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July 16, 2019 Clearinghouse

Clerk's Notice of Judge Assignment and Optional Consent

July 16, 2019 PACER
2

Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (mee) (Entered: 07/16/2019)

July 16, 2019 PACER
3

Summons Issued as to Ron Desantis, Ashley Moody. (mee) (Entered: 07/16/2019)

July 16, 2019 PACER
4

Notice of Pending, Refiled, Related or Similar Actions by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc. (Sharpless, Rebecca) (Entered: 07/16/2019)

July 16, 2019 PACER
5

Plaintiff's MOTION for Preliminary Injunction and Request for Hearing by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. (Attachments: # 1 Memorandum, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Text of Proposed Order)(Sharpless, Rebecca) (Entered: 07/16/2019)

1

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July 16, 2019 RECAP
6

Bar Letter re: Admissions sent to attorney Paul R. Chavez and Mich Gonzalez, mailing date July 16, 2019, (pt) (Entered: 07/16/2019)

July 16, 2019 PACER
7

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anne Janet Hernandez Anderson. For Paul R. Chavez Filing Fee $ 75.00 Receipt # 113C-11822977 by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. Responses due by 7/31/2019 (Attachments: # 1 Certification of Paul R. Chavez, # 2 Text of Proposed Order)(Hernandez Anderson, Anne) (Entered: 07/17/2019)

July 17, 2019 PACER

Order on Motion to Appear Pro Hac Vice

July 17, 2019 PACER
8

PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Paul R. Chavez. Signed by Judge Beth Bloom (BB) (Entered: 07/17/2019)

July 17, 2019 PACER
9

ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Signed by Judge Beth Bloom on 7/18/2019. See attached document for full details. (mee) (Entered: 07/18/2019)

July 18, 2019 PACER
10

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anne Janet Hernandez Anderson. For Michelle P. Gonzalez Filing Fee $ 75.00 Receipt # 113C-11829220 by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. Responses due by 8/2/2019 (Attachments: # 1 Certification of Michelle P. Gonzalez, # 2 Supplement)(Hernandez Anderson, Anne) (Entered: 07/19/2019)

July 19, 2019 PACER

Order on Motion to Appear Pro Hac Vice

July 19, 2019 PACER
11

PAPERLESS ORDER granting 10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Anne Janet Hernandez Anderson. Signed by Judge Beth Bloom (BB) (Entered: 07/19/2019)

July 19, 2019 PACER
12

NOTICE of Attorney Appearance by Edward Mark Wenger on behalf of Ashley Moody. Attorney Edward Mark Wenger added to party Ashley Moody(pty:dft). (Wenger, Edward) (Entered: 07/26/2019)

July 26, 2019 PACER
13

NOTICE of Attorney Appearance by James Percival on behalf of Ron Desantis. Attorney James Percival added to party Ron Desantis(pty:dft). (Percival, James) (Entered: 08/08/2019)

Aug. 8, 2019 PACER
14

NOTICE of Attorney Appearance by Barbara Jean Throne on behalf of Ashley Moody. Attorney Barbara Jean Throne added to party Ashley Moody(pty:dft). (Throne, Barbara) (Entered: 08/08/2019)

Aug. 8, 2019 PACER
15

ACKNOWLEDGMENT OF SERVICE as to 1 Complaint,, on Defendant Attorney General Ashley Moody filed by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. (Hernandez Anderson, Anne) (Entered: 08/08/2019)

Aug. 8, 2019 PACER
16

ACKNOWLEDGMENT OF SERVICE as to 1 Complaint,, on Defendant Governor Ron DeSantis filed by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. (Hernandez Anderson, Anne) (Entered: 08/08/2019)

Aug. 8, 2019 PACER
17

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint,, by Ron Desantis, Ashley Moody. (Attachments: # 1 Text of Proposed Order)(Percival, James) (Entered: 08/08/2019)

Aug. 8, 2019 PACER
18

PAPERLESS ORDER granting 17 Motion for Extension of Time to Respond to Plaintiffs' Complaint. Defendants shall respond to the Complaint by August 30, 2019. Signed by Judge Beth Bloom on 8/9/2019. (mpn) (Entered: 08/09/2019)

Aug. 9, 2019 PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

Aug. 9, 2019 PACER
19

RESPONSE in Opposition re 5 Plaintiff's MOTION for Preliminary Injunction and Request for Hearing filed by Ron Desantis, Ashley Moody. Replies due by 8/16/2019. (Attachments: # 1 Exhibit A, Affidavit of Sheriff Gualtieri, with attachments, # 2 Exhibit B, Affidavit of Todd Price, with attachments)(Percival, James) (Entered: 08/09/2019)

1 Exhibit A, Affidavit of Sheriff Gualtieri, with attachments

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2 Exhibit B, Affidavit of Todd Price, with attachments

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Aug. 9, 2019 PACER
20

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 19 Response in Opposition to Motion, by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. (Attachments: # 1 Text of Proposed Order)(Sharpless, Rebecca) (Entered: 08/13/2019)

Aug. 13, 2019 PACER
21

PAPERLESS ORDER granting 20 Motion for Extension of Time to File Reply to Opposition to Motion for Preliminary Injunction. Plaintiffs shall file their Reply by August 21, 2019. Signed by Judge Beth Bloom on 8/13/2019. (mpn) (Entered: 08/13/2019)

Aug. 13, 2019 PACER

Set/Reset Deadlines/Hearings as to 5 Plaintiff's MOTION for Preliminary Injunction and Request for Hearing. per DE 21 Replies due by 8/21/2019. (cbr)

Aug. 13, 2019 PACER
22

NOTICE of Attorney Appearance by Archith Ramkumar on behalf of United States of America. Attorney Archith Ramkumar added to party United States of America(pty:ip). (Ramkumar, Archith) (Entered: 08/14/2019)

Aug. 14, 2019 PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

Aug. 14, 2019 PACER
23

Statement of: Interest of the United States of America by United States of America (Ramkumar, Archith) (Entered: 08/15/2019)

Aug. 15, 2019 PACER
24

NOTICE of Compliance, filing of Certificate of Interested Persons, by Ron Desantis, Ashley Moody re 9 Order Requiring Joint Scheduling Report (Percival, James) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
25

NOTICE of Attorney Appearance by Victoria Mesa on behalf of Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. Attorney Victoria Mesa added to party Americans for Immigrant Justice, Inc.(pty:pla), Attorney Victoria Mesa added to party City of South Miami(pty:pla), Attorney Victoria Mesa added to party Family Action Network Movement, Inc.(pty:pla), Attorney Victoria Mesa added to party Farmworker Association of Florida, Inc.(pty:pla), Attorney Victoria Mesa added to party Florida Immigrant Coalition, Inc.(pty:pla), Attorney Victoria Mesa added to party Hope Community Center, Inc.(pty:pla), Attorney Victoria Mesa added to party QLatinx(pty:pla), Attorney Victoria Mesa added to party The Guatemalan-Maya Center, Inc.(pty:pla), Attorney Victoria Mesa added to party WeCount!, Inc.(pty:pla), Attorney Victoria Mesa added to party Westminster Presbyterian Church United of Gainesville, Florida, Inc.(pty:pla). (Mesa, Victoria) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
26

Certificate of Other Affiliates/Corporate Disclosure Statement by Family Action Network Movement, Inc. (Mesa, Victoria) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
27

Certificate of Other Affiliates/Corporate Disclosure Statement by Florida Immigrant Coalition, Inc. (Mesa, Victoria) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
28

Certificate of Other Affiliates/Corporate Disclosure Statement by WeCount!, Inc. (Mesa, Victoria) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
29

Certificate of Other Affiliates/Corporate Disclosure Statement by Americans for Immigrant Justice, Inc. (Mesa, Victoria) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
30

Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Farmworker Association of Florida, Inc. (Mesa, Victoria) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
31

Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Hope Community Center, Inc. (Mesa, Victoria) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
32

Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by QLatinx (Mesa, Victoria) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
33

Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Westminster Presbyterian Church United of Gainesville, Florida, Inc. (Mesa, Victoria) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
34

Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by City of South Miami (Mesa, Victoria) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
35

Joint SCHEDULING REPORT - Rule 16.1 by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., United States of America, WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Mesa, Victoria) (Entered: 08/16/2019)

Aug. 16, 2019 PACER
36

ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE. ( Amended Pleadings due by 10/15/2019., Discovery due by 2/25/2020., Expert Discovery due by 2/25/2020., Joinder of Parties due by 10/15/2019., Mediation Deadline 3/10/2020., In Limine Motions due by 3/18/2020., Dispositive Motions due by 3/18/2020., All Pre-trial Motions due by 3/18/2020., Joint Pretrial Stipulation due by 6/8/2020., Jury Trial set for 6/22/2020 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 6/16/2020 01:45 PM in Miami Division before Judge Beth Bloom). Signed by Judge Beth Bloom on 8/16/2019. See attached document for full details. (ar2) 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: 08/19/2019)

Aug. 19, 2019 PACER
37

GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES. Signed by Magistrate Judge Lauren Fleischer Louis on 8/20/2019. See attached document for full details. (aw) (Entered: 08/20/2019)

Aug. 20, 2019 PACER
38

AMENDED COMPLAINT filed pursuant to Fed. R. Civ. Pr. 15(a)(2) with the written consent of Defendants against All Defendants, filed by WeCount!, Inc., Farmworker Association of Florida, Inc., Americans for Immigrant Justice, Inc., Hope Community Center, Inc., Florida Immigrant Coalition, Inc., The Guatemalan-Maya Center, Inc., City of South Miami, Family Action Network Movement, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc., QLatinx, Philip K. Stoddard. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Summon(s), # 9 Summon(s))(Hernandez Anderson, Anne) (Entered: 08/21/2019)

Aug. 21, 2019 Clearinghouse
39

REPLY to 19 Response in Opposition to Motion, by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. (Sharpless, Rebecca) (Entered: 08/21/2019)

Aug. 21, 2019 PACER
40

NOTICE by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, Philip K. Stoddard, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc. re 38 Amended Complaint,, of Filing (Attachments: # 1 Exhibit Written Consent of Counsel for Defendants) (Hernandez Anderson, Anne) (Entered: 08/21/2019)

Aug. 21, 2019 PACER
41

Summons Issued as to Ron Desantis, Ashley Moody. (pes) (Entered: 08/22/2019)

Aug. 22, 2019 PACER
42

NOTICE of Attorney Appearance by Colleen Maher Ernst on behalf of Ron Desantis. Attorney Colleen Maher Ernst added to party Ron Desantis(pty:dft). (Ernst, Colleen) (Entered: 08/28/2019)

Aug. 28, 2019 PACER

Order on Motion for Leave to File

Aug. 28, 2019 PACER
43

Unopposed MOTION for Leave to File Surreply by Ron Desantis, Ashley Moody. (Attachments: # 1 Exhibit A, Defendants' Surreply)(Percival, James) (Entered: 08/28/2019)

Aug. 28, 2019 PACER
44

PAPERLESS ORDER granting 43 Motion for Leave to File Surreply. Defendants must separately re-file the pleading pursuant to Local Rule 15.1. Signed by Judge Beth Bloom (BB) (Entered: 08/28/2019)

Aug. 28, 2019 PACER
46

ORDER, ( Amended Pleadings due by 9/3/2019.) Signed by Judge Beth Bloom on 8/28/2019. See attached document for full details. (mee) (Entered: 08/29/2019)

Aug. 28, 2019 PACER
45

RESPONSE in Opposition re 5 Plaintiff's MOTION for Preliminary Injunction and Request for Hearing, Defendants' Surreply, filed by Ron Desantis, Ashley Moody. Replies due by 9/5/2019. (Percival, James) (Entered: 08/29/2019)

Aug. 29, 2019 PACER
47

Amended MOTION for Preliminary Injunction and Request for Hearing by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, Philip K. Stoddard, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. (Hernandez Anderson, Anne) (Entered: 08/30/2019)

Aug. 30, 2019 PACER

Order on Motion for Preliminary Injunction

Aug. 30, 2019 PACER
48

STIPULATION re 47 Amended MOTION for Preliminary Injunction and Request for Hearing (JOINT STIPULATION) by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, Philip K. Stoddard, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc. (Hernandez Anderson, Anne) (Entered: 08/30/2019)

Aug. 30, 2019 PACER
49

PAPERLESS ORDER denying as moot 5 Motion for Preliminary Injunction. See Amended Motion for Preliminary Injunction at ECF No. 47 . Signed by Judge Beth Bloom (BB) (Entered: 08/30/2019)

Aug. 30, 2019 PACER
50

RESPONSE to 23 Statement of Interest by US Government by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, Philip K. Stoddard, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. (Sharpless, Rebecca) (Entered: 09/04/2019)

Sept. 4, 2019 PACER

Order Setting Hearing on Motion

Sept. 4, 2019 PACER
51

PAPERLESS ORDER Setting Hearing on Motion, ECF No. 47, Amended Motion for Preliminary Injunction and Request for Hearing. Motion Hearing set for 10/31/2019 09:00 AM in Miami Division, 400 N. Miami Ave, Courtroom 10-2, Miami, Florida 33128, before Judge Beth Bloom. Three hours have been set aside for this hearing. However, the parties should notify the Court if they require more time. Signed by Judge Beth Bloom. (ks01) (Entered: 09/04/2019)

Sept. 4, 2019 PACER
52

MOTION TO DISMISS 38 Amended Complaint,, FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction 38 Amended Complaint,, ( Responses due by 9/18/2019) by Ron Desantis, Ashley Moody. (Percival, James) (Entered: 09/04/2019)

Sept. 4, 2019 PACER
53

NOTICE of Mediator Selection. Added Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, Philip K. Stoddard, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc., John Salmon. (Attachments: # 1 Text of Proposed Order)(Hernandez Anderson, Anne) (Entered: 09/06/2019)

Sept. 6, 2019 PACER
54

ORDER SCHEDULING MEDIATION. Scheduling Mediation before John W. Salmon. Mediation Hearing set for 12/5/2019 10:00 AM. Mediation Report sue on December 9, 2019. Signed by Judge Beth Bloom on 9/6/2019. See attached document for full details. (mee) (Entered: 09/09/2019)

Sept. 6, 2019 PACER
55

Unopposed EXPEDITED MOTION For Consideration of Plaintiffs Amended Motion For Preliminary Injunction (DE 47) Before October 1, 2019 re 47 Amended MOTION for Preliminary Injunction and Request for Hearing by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. (Attachments: # 1 Text of Proposed Order)(Hernandez Anderson, Anne) (Entered: 09/09/2019)

Sept. 9, 2019 PACER

Order on Expedited Motion

Sept. 9, 2019 PACER
56

PAPERLESS ORDER granting Plaintiffs' Expedited Motion, ECF No. 55 . The Hearing on Plaintiffs' Amended Motion for Preliminary Injunction, ECF No. 47, is rescheduled for September 26, 2019, at 1:00 p.m. in the Miami Division, 400 N. Miami Ave, Courtroom 10-2, Miami, Florida 33128, before Judge Beth Bloom. Three hours have been set aside for this hearing. Signed by Judge Beth Bloom (ks01) (Entered: 09/09/2019)

Sept. 9, 2019 PACER
57

NOTICE by United States of America Requesting Leave to Participate in Oral Argument (Ramkumar, Archith) (Entered: 09/13/2019)

Sept. 13, 2019 PACER
58

MOTION for Leave for National Immigrant Justice Center and Law Professors to Participate as Amici Curiae in Support of Plaintiffs by National Immigrant Justice Center and Law Professors. Attorney Michael S Vastine added to party National Immigrant Justice Center and Law Professors(pty:am). (Attachments: # 1 Brief of Law Professors and National Immigrant Justice Center as Amicus Curiae in Support of Plaintiffs, WITH Appendices A and B, # 2 Text of Proposed Order Proposed Order)(Vastine, Michael) (Entered: 09/17/2019)

Sept. 17, 2019 PACER
59

RESPONSE in Opposition re 52 MOTION TO DISMISS 38 Amended Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 38 Amended Complaint,, With Incorporated Memorandum of Law filed by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, Philip K. Stoddard, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. Replies due by 9/25/2019. (Hernandez Anderson, Anne) (Entered: 09/18/2019)

Sept. 18, 2019 PACER
60

OMNIBUS ORDER, granting 58 Motion MOTION for Leave for National Immigrant Justice Center and Law Professors to Participate as Amici Curiae in Support of Plaintiffs by National Immigrant Justice Center and Law Professors. The amici curiae may file the brief attached to their Motion no later than September 20, 2019. Granting 57 Notice Signed by Judge Beth Bloom on 9/18/2019. See attached document for full details. (mee) (Entered: 09/19/2019)

Sept. 18, 2019 PACER
61

NOTICE by National Immigrant Justice Center and Law Professors of filing: Brief of Amici Curiae NIJC and Law Professors, with Appendices A and B (Vastine, Michael) (Entered: 09/20/2019)

Sept. 20, 2019 PACER
62

REPLY to Response to Motion re 52 MOTION TO DISMISS 38 Amended Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 38 Amended Complaint,, filed by Ron Desantis, Ashley Moody. (Percival, James) (Entered: 09/25/2019)

Sept. 25, 2019 PACER
63

PAPERLESS Minute Entry for proceedings held before Judge Beth Bloom: Motion Hearing held on 9/26/2019 re ECF Nos. 5 & 47 Plaintiffs' MOTION for Preliminary Injunction. Total time in court: 2 hour(s) : 30 minutes. Attorney Appearance(s): Alana J. Greer, Paul R. Chavez, James Percival, Archith Ramkumar. Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. (ks01) (Entered: 09/26/2019)

Sept. 26, 2019 PACER
64

ORDER granting in part and denying in part 47 Amended Motion for Preliminary Injunction. Signed by Judge Beth Bloom. See attached document for full details. (ks01) (Entered: 09/30/2019)

Sept. 30, 2019 Clearinghouse
65

TRANSCRIPT of Motion Hearing held on 9/26/2019 before Judge Beth Bloom, 1 - 94 pages, Court Reporter: Yvette Hernandez, 305-523-5698 / Yvette_Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/22/2019. Redacted Transcript Deadline set for 11/1/2019. Release of Transcript Restriction set for 12/30/2019. (yhz) (Entered: 10/01/2019)

Oct. 1, 2019 PACER
66

Unopposed MOTION for Extension of Time to move to amend pleadings or join parties re 36 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, Philip K. Stoddard, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. Responses due by 10/28/2019 (Attachments: # 1 Text of Proposed Order)(Hernandez Anderson, Anne) (Entered: 10/14/2019)

Oct. 14, 2019 PACER

Order on Motion for Extension of Time

Oct. 14, 2019 PACER
67

PAPERLESS ORDER granting 66 Motion for Extension of Time. The Parties shall have until November 26, 2019 to move to amend the pleadings or join parties. Signed by Judge Beth Bloom (BB) (Entered: 10/14/2019)

Oct. 14, 2019 PACER

Set/Reset Deadlines/Hearings Amended Pleadings due by 11/26/2019. Joinder of Parties due by 11/26/2019. per DE 67 (cbr)

Oct. 14, 2019 PACER
68

Unopposed MOTION to Withdraw as Attorney by Oscar H. Londono for / by Americans for Immigrant Justice, Inc., City of South Miami, Family Action Network Movement, Inc., Farmworker Association of Florida, Inc., Florida Immigrant Coalition, Inc., Hope Community Center, Inc., QLatinx, The Guatemalan-Maya Center, Inc., WeCount!, Inc., Westminster Presbyterian Church United of Gainesville, Florida, Inc.. Responses due by 11/7/2019 (Attachments: # 1 Text of Proposed Order)(Londono, Oscar) (Entered: 10/24/2019)

Oct. 24, 2019 PACER

Order on Motion to Withdraw as Attorney

Oct. 24, 2019 PACER
69

PAPERLESS ORDER granting 68 Motion to Withdraw as Attorney. Oscar Hernan Londono permitted to withdraw from case. Signed by Judge Beth Bloom (BB) (Entered: 10/24/2019)

Oct. 24, 2019 PACER
70

Joint MOTION for Extension of Time to File Motions to Amend Pleadings or Join Parties by Ron Desantis, Ashley Moody. Responses due by 12/2/2019 (Attachments: # 1 Text of Proposed Order)(Percival, James) (Entered: 11/18/2019)

Nov. 18, 2019 PACER

Order on Motion for Extension of Time

Nov. 18, 2019 PACER
71

PAPERLESS ORDER granting 70 Motion for Extension of Time. The Parties shall have until January 10, 2020 to move to amend the pleadings or join parties. Signed by Judge Beth Bloom (BB) (Entered: 11/18/2019)

Nov. 18, 2019 PACER

Set/Reset Deadlines/Hearings Amended Complaint due by 1/10/2020. per DE 71 (cbr)

Nov. 18, 2019 PACER
72

Unopposed MOTION to Withdraw as Attorney by Daniel W. Bell for / by Ashley Moody. Responses due by 12/9/2019 (Attachments: # 1 Text of Proposed Order)(Percival, James) (Entered: 11/25/2019)

Nov. 25, 2019 PACER
73

NOTICE of Change of Address by Anne Janet Hernandez Anderson (Hernandez Anderson, Anne) (Entered: 11/25/2019)

Nov. 25, 2019 PACER
74

NOTICE of Change of Address by Victoria Mesa. Attorney Victoria Mesa added to party Philip K. Stoddard(pty:pla). (Mesa, Victoria) (Entered: 11/25/2019)

Nov. 25, 2019 PACER
75

ORDER granting 72 Motion to Withdraw Daniel W. Bell as Counsel. Signed by Judge Beth Bloom on 11/25/2019. See attached document for full details. (mee) (Entered: 11/25/2019)

Nov. 25, 2019 PACER
76

MOTION for Leave to File Amicus Curiae Brief by Human Rights Watch, Center for Constitutional Rights, LatinoJustice PRLDEF. Attorney Kevin Arthur Gregg added to party Human Rights Watch(pty:am), Attorney Kevin Arthur Gregg added to party Center for Constitutional Rights (pty:am), Attorney Kevin Arthur Gregg added to party LatinoJustice PRLDEF (pty:am). (Attachments: # 1 Memorandum Brief of Amicus Curiae, # 2 Text of Proposed Order)(Gregg, Kevin) (Entered: 12/06/2019)

1 Memorandum Brief of Amicus Curiae

View on RECAP

2 Text of Proposed Order

View on RECAP

Dec. 6, 2019 RECAP
77

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Martha F. Davis and JoAnn Kamuf Ward. Filing Fee $ 150.00 Receipt # 113C-12205559 by Center for Constitutional Rights, Human Rights Watch, LatinoJustice PRLDEF. Responses due by 12/20/2019 (Attachments: # 1 Certification of Martha F. Davis, # 2 Certification of JoAnn Kamuf Ward, # 3 Text of Proposed Order)(Gregg, Kevin) (Entered: 12/06/2019)

Dec. 6, 2019 PACER
78

OMNIBUS ORDER granted 76 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge, the amici curiae may file the brief attached to their motion no later than December 12, 2019; granted 77 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Martha F.Davis and JoAnn Kamuf Ward. Signed by Judge Beth Bloom on 12/9/2019. See attached document for full details. (mee) Modified signature date on 12/10/2019 (asl). (Entered: 12/10/2019)

Dec. 10, 2019 PACER
79

NOTICE by Center for Constitutional Rights, Human Rights Watch, LatinoJustice PRLDEF of filing Memorandum Brief of Amicus Curiae, with Appendix A (Gregg, Kevin) (Entered: 12/10/2019)

Dec. 10, 2019 PACER
80

ORDER TO SHOW CAUSE. Show Cause Response due by 12/13/2019. Signed by Judge Beth Bloom on 12/10/2019. See attached document for full details. (mee) (Entered: 12/10/2019)

Dec. 10, 2019 PACER
81

Joint MOTION to reschedule mediation, and response re 80 Order to Show Cause by Ron Desantis, Ashley Moody. (Attachments: # 1 Text of Proposed Order)(Percival, James) (Entered: 12/11/2019)

Dec. 11, 2019 PACER
82

ORDER RESCHEDULING MEDIATION. Mediation Hearing set for 2/11/2020 at 02:00 PM with John W. Salmon, granted: 81 Joint MOTION to reschedule mediation, and response re 80 Order to Show Cause filed by Ashley Moody, Ron Desantis. Mediation report due by 2/14/2020. Signed by Judge Beth Bloom on 12/11/2019. See attached document for full details. (mee) (Entered: 12/12/2019)

Dec. 11, 2019 PACER
83

ORDER, Plaintiffs are permitted to file a Second Amended Complaint by 12/27/2019. Granted in part and Denied in part: 52 MOTION TO DISMISS 38 Amended Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction 38 Amended Complaint,, filed by Ashley Moody, Ron Desantis. Signed by Judge Beth Bloom on 12/12/2019. See attached document for full details. (mee) (Entered: 12/12/2019)

Dec. 12, 2019 Clearinghouse
84

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 38 Amended Complaint,, by Ron Desantis, Ashley Moody. (Attachments: # 1 Text of Proposed Order)(Percival, James) (Entered: 12/19/2019)

Dec. 19, 2019 PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

Dec. 19, 2019 PACER

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Immigration and/or the Border

Key Dates

Filing Date: July 16, 2019

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

City of Miami & Religion and Non-Religion Non-Profit Organizations

Plaintiff Type(s):

Private Plaintiff

City/County Plaintiff

Non-profit religious organization

Non-profit NON-religious organization

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State of Florida, State

Defendant Type(s):

Law-enforcement

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Federalism (including 10th Amendment)

Equal Protection

Due Process

Supremacy Clause

Due Process: Substantive Due Process

Availably Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2021 - None

Content of Injunction:

Preliminary relief granted

Issues

General:

Racial profiling

Discrimination-basis:

Immigration status

National origin discrimination

Race discrimination

Immigration/Border:

Constitutional rights

Deportation - criteria

Deportation - procedure

Sanctuary city/state

Undocumented immigrants - rights and duties

Undocumented immigrants - state and local regulation

National Origin/Ethnicity:

Hispanic

Other