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Case: Courthouse News Service v. Forman

4:22-cv-00106 | U.S. District Court for the Northern District of Florida

Filed Date: March 9, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This case is about Florida's "no-access-before-process" policy that delayed public access to new non-confidential circuit court civil complaints while they sat in review queues until clerical processing was completed. On March 9, 2022, Courthouse News Service filed a lawsuit in the U.S. District Court for the Northern District of Florida against the Broward County, Florida Clerk of Courts, the Florida E-Filing Authority, and the chair of the Florida E-Filing Authority. Courthouse News alleged a…

This case is about Florida's "no-access-before-process" policy that delayed public access to new non-confidential circuit court civil complaints while they sat in review queues until clerical processing was completed. On March 9, 2022, Courthouse News Service filed a lawsuit in the U.S. District Court for the Northern District of Florida against the Broward County, Florida Clerk of Courts, the Florida E-Filing Authority, and the chair of the Florida E-Filing Authority. Courthouse News alleged a violation of a First Amendment right of access, and claimed that there is no overriding interest essential to preserve higher values that justify the actions in question. Courthouse News sought (1) a declaratory judgment declaring that the Florida court system’s practice of knowingly withholding access to new nonconfidential circuit civil complaints is unconstitutional under the First and Fourteen Amendments because it constitutes a denial of access to public court records, and (2) injunctive relief prohibiting them from continuing their practice that denies Courthouse News access to new non-confidential circuit court civil complaints while they sit in work queues and until after completion of clerical processing. The case was assigned to District Judge Mark E. Walker.

On May 4, 2022, the Court granted a dismissal of the claim against the E-Filing Authority, but the Broward County, Florida Clerk of Courts and chair of the Florida E-Filing Authority remained as defendants.

Considering the Court’s view that Courthouse News would suffer an irreparable injury absent an injunction and that their “serious and substantial” First Amendment injury outweighed Defendants’ interests, on June 10, 2022, the U.S. District Court for the Northern District of Florida granted a preliminary injunction, forbidding this delay in public access to court filings. The Court stated that Defendants could not show how the denial of access furthers administrative goals, how court operations would be harmed by expediting access, or any sort of government interest that justified the preventable delays. The Court required defendants to confer and file a plan for providing timely public access to non-confidential civil complaints consistent with the listed directions. The next day, Defendants filed an appeal against this preliminary injunction, which was dismissed on September 6, 2022.

Defendants filed the required plan on July 8, 2022, focusing on a state-wide modification to the Portal which would enable confidential civil complaints to be filtered from non-confidential civil complaints through the use of radio buttons by a case filer. Additionally, the Broward Clerk implemented a software-based enhancement of its local case management system, which resulted in an automatic electronic process that ensures that access to newly filed circuit civil complaints will be available to the public no later than 23 hours from receipt. This joint plan was approved by the Court on August 5, 2022.

A mediation was done between the parties and a settlement was reached on August 15, 2022. The terms of the settlement ordered the Florida Courts E-Filing Authority to implement, within six months, a statewide public access system in the E-Filing Portal for nonconfidential circuit civil complaints to be publicly accessible upon receipt. The system will be filtered by county and in reverse chronological order and the complaints will be available in the Public Access System for a period of five days. In return, Courthouse News released the chair of the Authority from all claims asserted in their complaint, agreed to a joint motion for dismissal, and a dismissal of all previous injunctions. 

The previous injunction was then dissolved and the joint motion to dismiss was granted on September 7, 2022, with Judge Walker prompting the clerk to close the file.

Summary Authors

Kathleen Lok (9/20/2022)

Documents in the Clearinghouse

Document
1

4:22-cv-00106

Complaint

March 9, 2022

March 9, 2022

Complaint
45

4:22-cv-00106

Order on Motions to Dismiss

May 4, 2022

May 4, 2022

Order/Opinion
56

4:22-cv-00106

Preliminary Injunction

June 10, 2022

June 10, 2022

Order/Opinion
61

4:22-cv-00106

Notice of Filing Joint Plan

July 8, 2022

July 8, 2022

Notice Letter
82

4:22-cv-00106

Order Granting Injunctive Relief

Aug. 5, 2022

Aug. 5, 2022

Order/Opinion

4:22-cv-00106

Release and Settlement Agreement

Aug. 15, 2022

Aug. 15, 2022

Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63288340/courthouse-news-service-v-forman/

Last updated Sept. 20, 2022, 2:40 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Seeking Declaratory & Injunctive Relief for Violation of First Amendment Rights against BRENDA D FORMAN, Florida E-Filing Authority, KAREN E RUSHING ( Filing fee $ 402 receipt number AFLNDC-6792797.), filed by Courthouse News Service. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6) (LOCICERO, CAROL) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

Clearinghouse
2

CIVIL COVER SHEET. (LOCICERO, CAROL) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
3

NOTICE to Clerk of Summons to be issued re Brenda Forman by Courthouse News Service re 1 Complaint, (LOCICERO, CAROL) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
4

NOTICE to Clerk of Summons to be issued re Karen E. Rushing by Courthouse News Service re 1 Complaint, (LOCICERO, CAROL) (Entered: 03/09/2022)

March 9, 2022

March 9, 2022

PACER
5

DOCKET ANNOTATION BY COURT: to Attorney Carol Locicero re: 1 Complaint. Party names (including aliases) are to be added using all caps and no punctuation. (See "Style Guide for Electronic Case Filing," available on Clerk's website.) The party names will be corrected by the clerk. (rcb) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

PACER
6

Summons Issued as to BRENDA D FORMAN & KAREN E RUSHING. (Attachments: # 1 SUMMONS FOR KAREN E RUSHING (rcb) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

PACER
7

MOTION to Appear Pro Hac Vice by Jonathan E. Ginsberg.( Filing fee $ 208 receipt number AFLNDC-6798730.) by COURTHOUSE NEWS SERVICE. (Attachments: # 1 Exhibit A Certificate of Good Standing) (GINSBERG, JONATHAN) (Entered: 03/10/2022)

March 10, 2022

March 10, 2022

PACER
8

NOTICE of Appearance by MARK RICHARD CARAMANICA on behalf of COURTHOUSE NEWS SERVICE (CARAMANICA, MARK) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
9

NOTICE of Appearance by DANIELA ABRATT on behalf of COURTHOUSE NEWS SERVICE (ABRATT, DANIELA) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
10

NOTICE of Appearance by AMY MARIE WESSEL JONES on behalf of BRENDA D FORMAN (WESSEL JONES, AMY) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
11

MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by BRENDA D FORMAN. (WESSEL JONES, AMY) (Entered: 03/11/2022)

March 11, 2022

March 11, 2022

PACER
12

ORDER GRANTING 7 MOTION FOR PRO HAC VICE APPEARANCE. Accordingly, the motion is GRANTED. (Appointed JONATHAN ERIC GINSBERG for COURTHOUSE NEWS SERVICE). Signed by CHIEF JUDGE MARK E WALKER on 03/14/2022. (rcb) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

PACER
13

ORDER GRANTING BRENDA FORMAN'S 11 UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO COMPLAINT. The motion is GRANTED. Defendant Forman shall file a responsive pleading on or before 4/11/2022. Signed by CHIEF JUDGE MARK E WALKER on 03/14/2022. (rcb) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

PACER
14

DOCKET ANNOTATION BY COURT: Re 8 Notice of Appearance filed by COURTHOUSE NEWS SERVICE (rcb)**ISO placed in Judge Walker's Referral Folder** (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

PACER
15

INITIAL SCHEDULING ORDER. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 3/28 /2022. Rule 26 Meeting Report due by 4/27/2022. Discovery due by 7/12/2022. Status Report due by 4/13/2022. Signed by CHIEF JUDGE MARK E WALKER on 03/14/2022. (rcb) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

PACER
16

DEFENDANTS, FLORIDA E-FILING AUTHORITY AND KAREN E. RUSHING'S NOTICE OF APPEARANCE OF COUNSEL (ELLIS, ELIZABETH) Modified to edit title on 3/15/2022 (rcb). (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
17

MOTION for Extension of Time to File Response/Reply as to 1 Complaint, by FLORIDA E-FILING AUTHORITY, KAREN E RUSHING. (ELLIS, ELIZABETH) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
18

ORDER OF CLARIFICATION. Plaintiff has included in its complaint that it seeks a preliminary injunction. ECF No. 1 at 29 2. However, there is no pending motion for preliminary action. This Court will take no action on a request for relief without a motion. Fed. R. Civ. P. 7(b)(1). As such, this Court has purposefully taken no action. If Plaintiff wishes to seek a preliminary injunction, it must file a motion. Signed by CHIEF JUDGE MARK E WALKER on 03/15/2022. (rcb) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
19

ORDER GRANTING 17 UNOPPOSED MOTION FOR EXTENSION. The motion is GRANTED. Defendants shall file a responsive pleading on or before 4/11/2022. Signed by CHIEF JUDGE MARK E WALKER on 03/15/2022. (rcb) (Entered: 03/15/2022)

March 15, 2022

March 15, 2022

PACER
20

PLAINTIFF COURTHOUSE NEWS SERVICE'S NOTICE OF FILING TWO COPIES OF CORPORATE DISCLOSURE STATEMENT PURSUANT TO FED. R. CIV. P. 7.1. (LOCICERO, CAROL) Modified to edit title on 3/29/2022 (rcb). (Entered: 03/28/2022)

March 28, 2022

March 28, 2022

PACER
21

NOTICE OF APPEARANCE AS COUNSEL FOR DEFENDANT BRENDA FORMAN, AS BROWARD COUNTY CLERK OF COURTS (CALLOWAY, SIDNEY) Modified to edit title on 3/31/2022 (rcb). (Entered: 03/30/2022)

March 30, 2022

March 30, 2022

PACER
22

PLAINTIFF COURTHOUSE NEWS SERVICE'S NOTICE OF FILING CORRECTED EXHIBITS TO COMPLAINT re 1 Complaint, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7) (LOCICERO, CAROL) Modified to edit title on 4/12/2022 (rcb). (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
23

DEFENDANT BRENDA FORMAN, AS BROWARD COUNTY CLERK OF COURTS' MOTION TO DISMISS COMPLAINT. (Internal deadline for referral to judge if response not filed earlier: 4/25/2022). (Attachments: # 1 Exhibit) (CALLOWAY, SIDNEY) Modified to edit title on 4/12/2022 (rcb). (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
24

MOTION TO DISMISS PLAINTIFF'S CLAIM AGAINST DEFENDANT KAREN E. RUSHING. (STEWART, GREGORY) Modified to edit title on 4/12/2022 (rcb). (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
25

ANSWER AND AFFIRMATIVE DEFENSES OF FLORIDA COURTS E-FILING AUTHORITY TO COMPLAINT SEEKING DECLARATORY & INJUNCTIVE RELIEF FOR VIOLATION OF FIRST AMENDMENT RIGHTS. (STEWART, GREGORY) Modified to edit title on 4/12/2022 (rcb). (Entered: 04/11/2022)

April 11, 2022

April 11, 2022

PACER
26

Amended MOTION to Dismiss Complaint by BRENDA D FORMAN. (Internal deadline for referral to judge if response not filed earlier: 4/26/2022). (Attachments: # 1 Exhibit Exhibit 1) (CALLOWAY, SIDNEY) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
27

ORDER DENYING MOTION TO DISMISS AS MOOT. Accordingly, Defendant Forman's motion to dismiss, ECF No. 23, is DENIED as moot. Signed by CHIEF JUDGE MARK E WALKER on 04/12/2022. (rcb) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
28

REPORT of Rule 26(f) Planning Meeting. (LOCICERO, CAROL) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
29

RULE 26 Disclosures by BRENDA D FORMAN. (CALLOWAY, SIDNEY) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
30

NOTICE of Initial Disclosures by FLORIDA E-FILING AUTHORITY, KAREN E RUSHING (STEWART, GREGORY) (Entered: 04/12/2022)

April 12, 2022

April 12, 2022

PACER
31

SCHEDULING AND MEDIATION ORDER. Discovery due by 8/16/2022., Dispositive Motions to be filed by 9/6/2022., Bench Trial set for 1/17/2023 09:00 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER., Mediation to take place by 9/13/2022., Mediation Report due by 9/27/2022. Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 04/12/2022. (rcb) (Entered: 04/13/2022)

April 12, 2022

April 12, 2022

PACER
32

RULE 26 Disclosures by BRENDA D FORMAN. (CALLOWAY, SIDNEY) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
33

PLAINTIFF COURTHOUSE NEWS SERVICE'S NOTICE OF FILING INITIAL DISCLOSURES Modified to edit title on 4/14/2022 (rcb). (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
34

STATUS REPORT by COURTHOUSE NEWS SERVICE. (LOCICERO, CAROL) (Entered: 04/13/2022)

April 13, 2022

April 13, 2022

PACER
35

PLAINTIFF COURTHOUSE NEWS SERVICE'S MOTION FOR PRELIMINARY INJUNCTION WITH SUPPORTING MEMORANDUM OF LAW. (Attachments: # 1 Exhibit Declaration of Willian Girdner, # 2 Exhibit Declaration of Ryan Abbott, # 3 Exhibit Declaration of Adam Angione, # 4 Exhibit Declaration of Nichole Parsons) (LOCICERO, CAROL) Modified to edit title on 4/15/2022 (rcb). (Entered: 04/14/2022)

April 14, 2022

April 14, 2022

PACER

Set Deadlines/Hearings:

April 14, 2022

April 14, 2022

PACER

Set Deadlines- Status Report due by 5/16/2022. (rcb)

April 14, 2022

April 14, 2022

PACER
36

ORDER SETTING EXPEDITED SCHEDULING CONFERENCE. Plaintiffs have filed a motion for preliminary injunction. ECF No. 35. The Clerk shall set this matter for an expedited telephonic scheduling conference on Tuesday, 4/19/2022 09:00 AM (ET). The attorneys for all parties must confer prior to the scheduling conference in a good faith effort to reach agreement on the scheduling of a hearing on the motion for preliminary injunction and on other procedural and substantive issues relating to the motion, including the need for discovery, live testimony, and the admissibility of declarations. Signed by CHIEF JUDGE MARK E WALKER on 04/15/2022. (rcb) (Entered: 04/15/2022)

April 15, 2022

April 15, 2022

PACER
37

NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 4/19/2022 09:00 AM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 04/15/2022)

April 15, 2022

April 15, 2022

PACER
38

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 4/19/2022. Parties discuss case status and schedule for 35 Plaintiffs Motion for Preliminary Injunction hearing. Discovery due by 5/6/2022. Preliminary injunction hearing set for 5/12/22 at 9:00 am. Defendants' responses to 35 Motion due 4/28/2022. Reply due by 5/5/2022. Order to follow (Court Reporter Megan Hague). (vkm) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
39

NOTICE OF HEARING RE: 35 MOTION for Preliminary Injunction: Preliminary Injunction Hearing set for 5/12/2022 09:00 AM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
40

ORDER SETTING DEADLINES AND PRELIMINARY INJUNCTION HEARING. Defendant Forman's discovery responses to Plaintiff's requests are due Monday,4/25/2022. Defendants responses to the preliminary-injunction motion and any counter declarations are due on or before 4/28/2022. Plaintiffs reply, if any, is due on or before 5/5/2022. The hearing on Plaintiffs motion for preliminary injunction is set for 9:00 a.m. (ET) on 5/12/2022, in person, in Tallahassee, Florida. Signed by CHIEF JUDGE MARK E WALKER on 04/19/2022. (rcb) (Entered: 04/19/2022)

April 19, 2022

April 19, 2022

PACER
41

PLAINTIFF COURTHOUSE NEWS SERVICES OPPOSITION TO DEFENDANT KAREN E. RUSHING'S MOTION TO DISMISS. (Attachments: # 1 Exhibit A) (LOCICERO, CAROL) Modified to edit title on 4/26/2022 (rcb). (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
42

PLAINTIFF COURTHOUSE NEWS SERVICE'S OPPOSITION TO DEFENDANT BRENDA FORMAN, AS BROWARD COUNTY CLERK OF COURTS AMENDED MOTION TO DISMISS COMPLAINT. (LOCICERO, CAROL) Modified to edit title on 4/27/2022 (rcb). (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

RECAP
43

RESPONSE in Opposition re 35 MOTION for Preliminary Injunction with Supporting MEMORANDUM OF LAW filed by FLORIDA E-FILING AUTHORITY, KAREN E RUSHING. (Attachments: # 1 Declaration of Carolyn Weber part 1, # 2 Declaration of Carolyn Weber part 2, # 3 Declaration of Carolyn Weber part 3, # 4 Declaration of Carolyn Weber part 4, # 5 Declaration of Elizabeth L. Allman) (ELLIS, ELIZABETH) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
44

RESPONSE in Opposition re 35 MOTION for Preliminary Injunction with Supporting MEMORANDUM OF LAW filed by BRENDA D FORMAN. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (WESSEL JONES, AMY) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
45

ORDER ON MOTIONS TO DISMISS. Defendant Rushing's motion to dismiss, ECF No. 24, is GRANTED in part and DENIED in part. Plaintiff's claim against the Florida E-Filing Authority is dismissed. Defendant Forman's motion to dismiss, ECF No. 26, is DENIED. Signed by CHIEF JUDGE MARK E WALKER on 5/4/2022. (kjw) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

Clearinghouse
46

COURTHOUSE NEWS SERVICE'S REPLY TO KAREN E. RUSHINGS RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (LOCICERO, CAROL) Modified to edit title on 5/6/2022 (rcb). (Entered: 05/05/2022)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

May 5, 2022

May 5, 2022

RECAP
47

PLAINTIFF CNS' REPLY MEMORANDUM OF LAW TO DEFENDANT BRENDA D. FORMANS OPPOSITION TO CNS' MOTION FOR PRELIMINARY INJUNCTION. (LOCICERO, CAROL) Modified to edit title on 5/6/2022 (rcb). (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

RECAP
48

NOTICE of Filing by BRENDA D FORMAN (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4) (CALLOWAY, SIDNEY) (Entered: 05/11/2022)

May 11, 2022

May 11, 2022

PACER
49

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Preliminary Injunction Hearing held on 5/12/2022. Court hears argument regarding Plaintiffs 35 Motion for Preliminary Injunction. Ruling by Court: Parties may file supplemental briefs, as stated on the record, by 5:00 pm on 5/17/2022. Order to follow (Court Reporter Megan Hague (USDC-Tallahassee)). (vkm) (Entered: 05/12/2022)

May 12, 2022

May 12, 2022

PACER
50

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Daily Preliminary Injuction Proceedings held on 5/12/2022, before Judge Mark E. Walker. Court Reporter/Transcriber Megan A. Hague, Telephone number 850-443-9797. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/20/2022. Release of Transcript Restriction set for 8/18/2022. (mah) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
51

STATUS REPORT (Second Joint) by COURTHOUSE NEWS SERVICE. (LOCICERO, CAROL) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER

Set Deadline- Status Report due by 6/15/2022. (rcb)

May 16, 2022

May 16, 2022

PACER

Set Deadlines/Hearings:

May 16, 2022

May 16, 2022

PACER
52

SUPPLEMENTAL BRIEFING IN OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMINARY INJUNCTION OF DEFENDANT KAREN E. RUSHING. (STEWART, GREGORY) Modified to edit title on 5/18/2022 (rcb). (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

PACER
53

PLAINTIFF COURTHOUSE NEWS SERVICE'S SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION. (LOCICERO, CAROL) Modified to edit title on 5/18/2022 (rcb). (Entered: 05/17/2022)

May 17, 2022

May 17, 2022

RECAP
54

ANSWER AND AFFIRMATIVE DEFENSES TO COMPLAINT. (CALLOWAY, SIDNEY) Modified to edit title on 5/19/2022 (rcb). (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
55

ANSWER AND AFFIRMATIVE DEFENSES OF KAREN E. RUSHING TO COMPLAINT SEEKING DECLARATORY & INJUNCTIVE RELIEF FOR VIOLATION OF FIRST AMENDMENT RIGHTS. (STEWART, GREGORY) Modified to edit title on 5/19/2022 (rcb). (Entered: 05/18/2022)

May 18, 2022

May 18, 2022

PACER
56

PRELIMINARY INJUNCTION. Plaintiff's motion for preliminary injunction, ECF No. 35, is GRANTED. On or before June 24, 2022, Defendants shall confer and file a plan for providing timely public access to non-confidential civil complaints consistent with the directions this Court listed above. Signed by CHIEF JUDGE MARK E WALKER on 6/10/2022. (kjw) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

Clearinghouse
57

RULE 26 Disclosures by KAREN E RUSHING. (STEWART, GREGORY) (Entered: 06/10/2022)

June 10, 2022

June 10, 2022

PACER

Set Deadlines: On or before 6/24/2022, Defendants shall confer and file a plan for providing timely public access to non-confidential civil complaints consistent with the directions this Court listed. (kjw)

June 10, 2022

June 10, 2022

PACER

Set Deadlines/Hearings:

June 10, 2022

June 10, 2022

PACER
58

STATUS REPORT / THIRD JOINT STATUS REPORT by COURTHOUSE NEWS SERVICE. (LOCICERO, CAROL) (Entered: 06/15/2022)

June 15, 2022

June 15, 2022

PACER

Set Deadlines/Hearings Status Report due by 7/15/2022. (rcb)

June 15, 2022

June 15, 2022

PACER
59

Consent MOTION for Extension of Time to File Plan with Court by KAREN E RUSHING. (ELLIS, ELIZABETH) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
60

ORDER GRANTING EXTENSION. The motion, ECF No. 59, is GRANTED. Defendants' deadline to file the plan required under this Courts preliminary injunction, ECF No. 56, is extended to on or before 7/8/2022. Signed by CHIEF JUDGE MARK E WALKER on 06/22/2022. (rcb) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
61

DEFENDANTS BRENDA D. FORMAN AND KAREN E. RUSHING'S NOTICE OF FILING JOINT PLAN. (Attachments: # 1 Exhibit Exhibit A to Defendants Forman and Rushing's Notice of Filing Joint Plan, # 2 Exhibit Exhibit B to Defendants Forman and Rushing's Notice of Filing Joint Plan) (ELLIS, ELIZABETH) Modified to edit title on 7/11/2022 (rcb). (Entered: 07/08/2022)

1 Exhibit Exhibit A to Defendants Forman and Rushing's Notice of Filing Joint

View on PACER

2 Exhibit Exhibit B to Defendants Forman and Rushing's Notice of Filing Joint

View on PACER

July 8, 2022

July 8, 2022

Clearinghouse
62

ORDER SETTING RESPONSE DEADLINE. If Plaintiff wishes to be heard as to the details of the joint plan, it may file a response with this Court on or before 7/18/2022. Defendants may file a reply to Plaintiffs response on or before 7/25/2022. Signed by CHIEF JUDGE MARK E WALKER on 07/11/2022. (rcb) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
63

NOTICE OF INTERLOCUTORY APPEAL as to 56 Preliminary Injunction, by KAREN E RUSHING. Filing fee $ 505, receipt number AFLNDC-7276213. Appeal Record due by 7/25/2022. (STEWART, GREGORY) (Entered: 07/11/2022)

July 11, 2022

July 11, 2022

PACER
64

Appeal Instructions re: 63 Notice of Interlocutory Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter in both the district court and the appeals court. Transcript Order Form due by 7/26/2022. (rcb) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
65

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 63 Notice of Interlocutory Appeal. (rcb) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
66

STATUS REPORT / FOURTH JOINT STATUS REPORT by COURTHOUSE NEWS SERVICE. (LOCICERO, CAROL) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER
67

TRANSCRIPT REQUEST by KAREN E RUSHING for proceedings held on 5/12/2022 before Judge Mark E. Walker, (STEWART, GREGORY) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

PACER

Set Deadlines re 63 Notice of Interlocutory Appeal. Clerk to check status of Appeal on 10/10/2022. Certificate of Readiness (FRAP 11) due by 7/26/2022. (rcb)

July 12, 2022

July 12, 2022

PACER

Set Deadlines- Status Report due by 8/12/2022. (rcb)

July 13, 2022

July 13, 2022

PACER
69

USCA Acknowledgment 63 Notice of Interlocutory Appeal USCA Appeal # 22-12288-E (rcb) (Entered: 07/18/2022)

July 14, 2022

July 14, 2022

PACER
68

PLAINTIFF COURTHOUSE NEWS SERVICE'S RESPONSE TO DEFENDANTS' NON-COMPLIANT PLAN. (LOCICERO, CAROL) Modified to edit title on 7/18/2022 (rcb). (Entered: 07/18/2022)

July 18, 2022

July 18, 2022

PACER
70

NOTICE of Appearance by JAMES JOSEPH MCGUIRE on behalf of COURTHOUSE NEWS SERVICE (MCGUIRE, JAMES) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER
71

NOTICE OF MEDIATION re Scheduling by COURTHOUSE NEWS SERVICE (LOCICERO, CAROL) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER
72

ORDER REQUIRING SUPPLEMENTAL BRIEFING. Each party must file a supplemental memorandum explaining their position on or before 5:00 p.m. Eastern Time 7/26/2022. Signed by CHIEF JUDGE MARK E WALKER on 7/21/2022. (kjw) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
73

REPLY by KAREN E RUSHING re 61 Special Report, 68 Response/Reply to Plaintiff Courthouse News Service's Response to Defendants' Plan. (STEWART, GREGORY) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
74

REPLY by BRENDA D FORMAN re 68 Response/Reply to Plaintiff's Response to Defendants' Non-Compliant Plan. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (CALLOWAY, SIDNEY) (Entered: 07/25/2022)

July 25, 2022

July 25, 2022

PACER
75

DEFENDANT KAREN E. RUSHINGS SUPPLEMENTAL BRIEFING IN RESPONSE TO ORDER REQUIRING SUPPLEMENTAL BRIEFING. (STEWART, GREGORY) Modified to edit title on 7/27/2022 (rcb). (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
76

RESPONSE by BRENDA D FORMAN re 72 Order, Set Deadlines/Hearings Defendant Brenda D. Forman's Memorandum of Law Pursuant to the Court's July 21, 2022 Order Requiring Supplemental Briefing. (CALLOWAY, SIDNEY) (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
77

COURTHOUSE NEWS SERVICES' SUPPLEMENTAL MEMORANDUM CONCERNING THIS COURTS CONTINUING JURISDICTION. (LOCICERO, CAROL) Modified to edit title on 7/27/2022 (rcb). (Entered: 07/26/2022)

July 26, 2022

July 26, 2022

PACER
78

Pursuant to F.R.A.P. 11(c), # 22-12288-E the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 63 Notice of Interlocutory Appeal, Appeal No. # 22-12288-E. The entire record on appeal is available electronically. (rcb) (Entered: 07/27/2022)

July 26, 2022

July 26, 2022

PACER
79

Consent MOTION for Extension of Time to Complete Discovery by COURTHOUSE NEWS SERVICE. (LOCICERO, CAROL) (Entered: 07/28/2022)

July 28, 2022

July 28, 2022

PACER
80

ORDER GRANTING EXTENSION. This Court has considered, without hearing, Plaintiff's unopposed motion for extension of the discovery deadline. ECF No. 79 . The motion is GRANTED. The discovery deadline is extended to 9/15/2022. Signed by CHIEF JUDGE MARK E WALKER on 7/28/2022. (kjw) (Entered: 07/29/2022)

July 28, 2022

July 28, 2022

PACER
81

ORDER STRIKING DEFENDANT FORMAN'S SUPPLEMENTAL EVIDENCE. Because Defendant Forman's evidence is untimely, unauthorized, andlargely unrelated to the issue currently before this Court, this Court sua sponte STRIKES Defendant Forman's supplemental evidence, ECF Nos. 74 -1 74 -3. Signed by CHIEF JUDGE MARK E WALKER on 08/05/2022. (rcb) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

PACER
82

ORDER GRANTING INJUNCTIVE RELIEF. Defendants Rushing and Forman shall comply with the proposed joint plan, ECF No. 61, and shall not revert to prior processes that delay public access for more than 23 hours. Defendants Rushing and Forman shall file a joint status report on or before Tuesday, 9/6/2022, notifying this Court of the status of implementing the measures set out in the joint plan, ECF No. 61 . This injunction is effective immediately without the posting of security. Signed by CHIEF JUDGE MARK E WALKER on 08/05/2022. (rcb) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

Clearinghouse
83

STATUS REPORT Fifth Joint by COURTHOUSE NEWS SERVICE. (LOCICERO, CAROL) (Entered: 08/11/2022)

Aug. 11, 2022

Aug. 11, 2022

PACER

Set Deadlines: Joint Status Report due by 9/12/2022. (kjw)

Aug. 12, 2022

Aug. 12, 2022

PACER
84

MEDIATION REPORT - Settled. (rcb) # 1Attachment COVER LETTER. (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
85

ORDER REQUIRING STATUS REPORT. The parties must file this report on or before 8/25/2022. Signed by CHIEF JUDGE MARK E WALKER on 08/19/2022. (rcb) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
86

STATUS REPORT on Implementation of Joint Plan by the Florida E-Filing Authority by KAREN E RUSHING. (STEWART, GREGORY) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
87

JOINT MOTION FOR DISMISSAL WITH PREJUDICE OF ALL CLAIMS IN THE COMPLAINT RAISED AGAINST DEFENDANT CLERK FORMAN ONLY & SUPPORTING MEMORANDUM. (Internal deadline for referral to judge if response not filed earlier: 9/7/2022). (LOCICERO, CAROL) Modified to edit title on 8/25/2022 (rcb). (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER

Set Deadline- Status Report due by 9/23/2022. (rcb)

Aug. 24, 2022

Aug. 24, 2022

PACER
88

ORDER GRANTING 88 JOINT MOTION FOR DISMISSAL. That 87 motion is GRANTED. The parties must comply with their settlement agreement. The clerk must enter judgment as to Defendant Forman only stating, "The parties are ordered to comply with their settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement. All claims in this case against Brenda D. Forman in her official capacity as Broward County Clerk of Courts are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41." Plaintiff's claims against Defendant Rushing remain pending. Signed by CHIEF JUDGE MARK E WALKER on 08/25/2022. (rcb) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
89

CLERK'S JUDGMENT re 88 ORDER GRANTING 87 JOINT MOTION FOR DISMISSAL. (rcb) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: March 9, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Courthouse News Service is a news service based in California, with thousands of subscribers. They specialize in reporting about civil lawsuits from filing through the appellate level in state and federal courts throughout the United States.

Plaintiff Type(s):

Closely-held (for profit) corporation

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Broward County (Broward), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Special Case Type(s):

Non-court arbitration/mediation

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Order Duration: 2022 - 2022

Content of Injunction:

Preliminary relief granted

Issues

General:

Records Disclosure