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Case: Honeyfund.com, Inc. v. DeSantis

4:22-cv-00227 | U.S. District Court for the Northern District of Florida

Filed Date: June 22, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about legislation impacting private employers' ability to offer diversity, equity, and inclusion (DEI) trainings. This case was filed on June 22, 2022, in the U.S. District Court for the Northern District of Florida against Florida Governor Ron DeSantis; the Florida attorney general; the senior chair, the vice chair, nine commissioners of the Florida Commission on Human Relations. The plaintiffs, (1) private employers with DEI programs in Florida and (2) DEI training consultants,…

This is a case about legislation impacting private employers' ability to offer diversity, equity, and inclusion (DEI) trainings. This case was filed on June 22, 2022, in the U.S. District Court for the Northern District of Florida against Florida Governor Ron DeSantis; the Florida attorney general; the senior chair, the vice chair, nine commissioners of the Florida Commission on Human Relations. The plaintiffs, (1) private employers with DEI programs in Florida and (2) DEI training consultants, challenged the Florida's Stop Wrongs Against Our Kids and Employees (Stop W.O.K.E.) Act, aka the Individual Freedom Act (the "Act") as a unconstitutional violation of their free speech and due process rights under the First and Fourteenth Amendments to the U.S. Constitution. Suing under 42 U.S.C. § 1983 and Ex parte Young, the plaintiffs sought declaratory and injunctive relief, as well as attorneys' fees. The Act, which took effect July 1, 2022, prohibited workplaces and schools from requiring training or instruction that may make some people feel they bear "personal responsibility" for historic wrongdoings because of their race, gender, or national origin. It was initially assigned to Judge Allen Winsor, and then reassigned to Judge Mark Walker because he was presiding over an ongoing case, Falls v. DeSantis, No. 4:22- cv-166-MW, that raised the same issue and challenged the same provision of the Stop W.O.K.E. Act.

On June 30, 2022, the plaintiffs filed a motion for a preliminary injunction to bar enforcement of the Act. On July 21, 2022, the defendants filed a motion to dismiss. A few weeks later, on August 18, 2022, Judge Walker granted in part the plaintiffs' requested preliminary injunction and denied the defendants' motion to dismiss because the challenged provision was "a naked viewpoint-based regulation on speech that does not pass strict scrutiny." In partly granting the plaintiffs' preliminary injunction, the court held that the plaintiffs had not sufficiently alleged that Governor DeSantis had the requisite connection to the Act to be sued under Ex parte Young, but the plaintiffs had standing to seek an injunction against the remaining defendants. Addressing the plaintiff's substantive arguments, the court held, the Act was viewpoint-based restriction on speech in violation of the First Amendment and was impermissibly vague in violation of the Due Process Clause, but the First Amendment's overbreadth doctrine did not apply to the Act. __ F. Supp. 3d __, 2022 WL 3486962.

On September 16, 2022, defendants appealed to the Eleventh Circuit Court of Appeals (No. 22-13135-J). On September 30, 2022, the trial court granted a joint motion to stay proceedings as pending the appeal of the preliminary injunction order. As of October 3, 2022, the case is ongoing.

Summary Authors

Calvin Kim (9/17/2022)

Related Cases

Falls v. DeSantis, Northern District of Florida (2022)

Documents in the Clearinghouse

Document
1

4:22-cv-00227

Complaint

June 22, 2022

June 22, 2022

Complaint
17

4:22-cv-00227

First Amended Complaint

June 30, 2022

June 30, 2022

Complaint
56

4:22-cv-00227

Order Denying Motion to Dismiss

Aug. 18, 2022

Aug. 18, 2022

Order/Opinion
55

4:22-cv-00227

Preliminary Injunction

Aug. 18, 2022

Aug. 18, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63401396/honeyfundcom-inc-v-desantis/

Last updated Sept. 17, 2022, 10:14 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AFLNDC-7213387.), filed by Whitespace Consulting, LLC, Chevara Orrin, Honeyfund.com, Inc.. (AGARWAL, SHALINI) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

Clearinghouse
2

DOCKET ANNOTATION BY COURT: Re 1 Complaint filed by Whitespace Consulting, LLC, Chevara Orrin, Honeyfund.com, Inc. 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. Further, counsel is advised by this entry, that a Civil Cover Sheet must be filed as a separate entry using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents". (rcb) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
3

NOTICE of Filing Summons by Honeyfund.com, Inc., Chevara Orrin, Whitespace Consulting, LLC (Attachments: # 1 Exhibit Summons - DeSantis, # 2 Exhibit Summons - Moody, # 3 Exhibit Summons - McGhee, # 4 Exhibit Summons - Primiano, # 5 Exhibit Summons - Garza, # 6 Exhibit Summons - Farmer, # 7 Exhibit Summons - Pichard, # 8 Exhibit Summons - Hart, # 9 Exhibit Summons - Cepero, # 10 Exhibit Summons - Myrtetus, # 11 Exhibit Summons - Hanson, # 12 Exhibit Summons - Moye, # 13 Exhibit Summons - Payne) (AGARWAL, SHALINI) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
4

CIVIL COVER SHEET. (AGARWAL, SHALINI) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

RECAP
5

NOTICE of a Prior or Similar Case by Honeyfund.com, Inc., Chevara Orrin, Whitespace Consulting, LLC (AGARWAL, SHALINI) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

Clearinghouse
6

Summons Issued as to All Defendants. (Attachments: # 1 Picard, # 2 Payne, # 3 myrtetus, # 4 Moye, # 5 mcghee, # 6 Hart, # 7 Hanson, # 8 garza, # 9 farmer, # 10 Desantos, # 11 Cepero, # 12 moody) (bkp) (Entered: 06/23/2022)

June 23, 2022

June 23, 2022

PACER
7

MOTION to Appear Pro Hac Vice by Douglas Hallward-Driemeier.( Filing fee $ 208 receipt number AFLNDC-7232597.) by HONEYFUND.COM INC, CHEVARA ORRIN, WHITESPACE CONSULTING LLC. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
8

MOTION for Rachel Goodman to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-7232666.) by HONEYFUND.COM INC, CHEVARA ORRIN, WHITESPACE CONSULTING LLC. (GOODMAN, RACHEL) Modified on 6/28/2022 (tss). (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER
9

MOTION to Appear Pro Hac Vice by Amy Jane Longo.( Filing fee $ 208 receipt number AFLNDC-7232910.) by HONEYFUND.COM INC, CHEVARA ORRIN, WHITESPACE CONSULTING LLC. (LONGO, AMY) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 8 MOTION to Appear Pro Hac Vice and 9 MOTION to Appear Pro Hac Vice - Referred to MARTIN A FITZPATRICK. (tss)

June 28, 2022

June 28, 2022

PACER
10

ORDER- Accordingly, it is ORDERED that the motion for leave to appear prohac vice, ECF No. 7, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/29/22. (sjb) Modified on 6/29/2022 edit to judge(sjb). (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
11

ORDER - Accordingly, 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 6/29/22. (sjb) Modified on 6/29/2022 edit to judge (sjb). (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
12

ORDER - Accordingly, it is ORDERED that the motion for leave to appear prohac vice, ECF No. 9, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/29/22. (sjb) Modified on 6/29/2022 edit to judge (sjb). (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
13

MOTION to Appear Pro Hac Vice by John Langford.( Filing fee $ 208 receipt number AFLNDC-7236336.) by HONEYFUND.COM INC, CHEVARA ORRIN, WHITESPACE CONSULTING LLC. (LANGFORD, JOHN) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
14

MOTION to Appear Pro Hac Vice by Sara Chimene-Weiss.( Filing fee $ 208 receipt number AFLNDC-7236190.) by HONEYFUND.COM INC, CHEVARA ORRIN, WHITESPACE CONSULTING LLC. (CHIMENE-WEISS, SARA) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
15

ORDER - Accordingly, it is ORDERED that the motion for leave to appear prohac vice, ECF No. 13, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/29/22. (sjb) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER
16

ORDER - Accordingly, it is ORDERED that the motion for leave to appear prohac vice, ECF No. 14, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 6/29/22. (sjb) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 14 MOTION to Appear Pro Hac Vice by Sara Chimene-Weiss.( Filing fee $ 208 receipt number AFLNDC-7236190.), 13 MOTION to Appear Pro Hac Vice by John Langford.( Filing fee $ 208 receipt number AFLNDC-7236336.). Referred to MARTIN A FITZPATRICK. (bkp)

June 29, 2022

June 29, 2022

PACER
17

FIRST AMENDED COMPLAINT against All Defendants All Defendants., filed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. (AGARWAL, SHALINI) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

Clearinghouse
18

MOTION for Preliminary Injunction and MEMORANDUM in Support of Motion for Preliminary Injunction by HONEYFUND.COM INC, CHEVARA ORRIN, PRIMO TAMPA LLC, WHITESPACE CONSULTING LLC. (Attachments: # 1 Exhibit Declaration - Sara Margulis (Honeyfund.com, Inc.), # 2 Exhibit Declaration - Antonio McBroom (Primo Tampa, LLC), # 3 Exhibit Declaration and Attached Exhibits - Chevara Orrin (Whitespace Consulting, LLC)) (AGARWAL, SHALINI) (Entered: 06/30/2022)

1 Exhibit Declaration - Sara Margulis (Honeyfund.com, Inc.)

View on PACER

2 Exhibit Declaration - Antonio McBroom (Primo Tampa, LLC)

View on PACER

3 Exhibit Declaration and Attached Exhibits - Chevara Orrin (Whitespace Consulting

View on PACER

June 30, 2022

June 30, 2022

Clearinghouse
19

NOTICE of Appearance by SARA CHIMENE-WEISS on behalf of All Plaintiffs (CHIMENE-WEISS, SARA) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
20

NOTICE of Appearance by RACHEL ELIZBABETH GOODMAN on behalf of HONEYFUND.COM INC, CHEVARA ORRIN, PRIMO TAMPA LLC, WHITESPACE CONSULTING LLC (GOODMAN, RACHEL) (Entered: 06/30/2022)

June 30, 2022

June 30, 2022

PACER
21

ORDER FOR REASSIGNMENT. Case reassigned to CHIEF JUDGE MARK E WALKER for all further proceedings. JUDGE ALLEN C WINSOR no longer assigned to case signed by JUDGE ALLEN C WINSOR on 7/1/22. (bkp) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

Clearinghouse
22

ORDER SETTING CONFERENCE SCHEDULE - Plaintiffs shall serve Defendants with a copy of this Order, their First Amended Complaint, and their Motion for Preliminary Injunction before the close of business, 5:00 p.m. (ET) on Wednesday, July 6, 2022, so the parties can confer prior to the scheduling conference. The Clerk shall set this matter for a telephonic scheduling conference on Friday, 7/8/2022 04:00 PM (ET). Signed by CHIEF JUDGE MARK E WALKER on 7/1/22. (sjb) (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 18 MOTION for Preliminary Injunction and MEMORANDUM in Support of Motion for Preliminary Injunction, 17 Amended Complaint. Referred to MARTIN A FITZPATRICK. (sjb)

July 1, 2022

July 1, 2022

PACER

ACTION NO LONGER REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is no longer needed Re: 17 Amended Complaint and 18 MOTION for Preliminary Injunction (tss)

July 1, 2022

July 1, 2022

PACER

Motions No Longer Referred: 18 MOTION for Preliminary Injunction and MEMORANDUM in Support of Motion for Preliminary Injunction (sjb)

July 1, 2022

July 1, 2022

PACER
23

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. RON DESANTIS served on 7/5/2022, answer due 7/26/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
24

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. ASHLEY MOODY served on 7/5/2022, answer due 7/26/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
25

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. DARRICK MCGHEE served on 7/6/2022, answer due 7/27/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
26

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. ANGELA PRIMIANO served on 7/6/2022, answer due 7/27/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
27

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. MARIO GARZA served on 7/6/2022, answer due 7/27/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
28

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. LIBBY FARMER served on 7/6/2022, answer due 7/27/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
29

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. JAY PICHARD served on 7/6/2022, answer due 7/27/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
30

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. LARRY HART served on 7/6/2022, answer due 7/27/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
31

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. MONICA CEPERO served on 7/6/2022, answer due 7/27/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
32

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. VIVIAN MYRTETUS served on 7/6/2022, answer due 7/27/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
33

NOTICE OF HEARING: Telephonic Preliminary Injunction Scheduling Hearing set for 7/8/2022 04:00 PM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. You may dial into the conference call as early as 3:50 PM EDT. 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.s/ Kimberly WestphalDeputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (kjw) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
34

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. DAWN HANSON served on 7/6/2022, answer due 7/27/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
35

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. KENYATTA MOYE served on 7/6/2022, answer due 7/27/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
36

SUMMONS Returned Executed by WHITESPACE CONSULTING LLC, CHEVARA ORRIN, HONEYFUND.COM INC, PRIMO TAMPA LLC. PAMELA PAYNE served on 7/6/2022, answer due 7/27/2022. (HALLWARD-DRIEMEIER, DOUGLAS) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
37

NOTICE of Appearance by TIMOTHY LEEDS NEWHALL on behalf of ASHLEY MOODY (NEWHALL, TIMOTHY) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER
38

ORDER SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION AND OTHER DEADLINES - The hearing on Plaintiffs' motion for preliminary injunction is set for Monday, 8/8/2022, at 9:00 a.m. (ET). Defendants' motion to dismiss, response to Plaintiffs' motion for preliminary injunction, and any declarations in support of their response, are due on or before 7/21/2022. Plaintiffs' response to Defendants' motion to dismiss, their reply to Defendants' response to the motion for preliminary injunction, along with any rebuttal declarations, are due on or before 7/29/2022. Finally, Defendants' reply in support of their motion to dismiss and any counter declarations are due on or before 8/4/2022. Signed by CHIEF JUDGE MARK E WALKER on 7/8/22. (sjb) Modified on 7/11/2022 (sjb). (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
39

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 7/8/2022. Parties discuss case status and schedule for 18 Motion for Preliminary Injunction hearing. Defendants witness declarations and response to 18 Motion and motion to dismiss due 7/21/2022. Plaintiff's reply to 18 Motion and response to motion to dismiss due 7/29/2022. Defendant's reply to motion to dismiss and plaintiff's counter declarations due 8/4/2022. Preliminary injunction hearing set for 9:00 am on 8/8/22. Order to follow (Court Reporter Lisa Snyder (USDC-Tallahassee)). (vkm) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
40

NOTICE OF HEARING RE: 18 MOTION for Preliminary Injunction: Preliminary Injunction Hearing set for 8/8/2022 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: 07/08/2022)

July 8, 2022

July 8, 2022

PACER
41

NOTICE of Appearance by CHARLES JUSTIN COOPER on behalf of MONICA CEPERO, RON DESANTIS, LIBBY FARMER, MARIO GARZA, DAWN HANSON, LARRY HART, DARRICK MCGHEE, KENYATTA MOYE, VIVIAN MYRTETUS, PAMELA PAYNE, JAY PICHARD, ANGELA PRIMIANO (COOPER, CHARLES) (Entered: 07/20/2022)

July 20, 2022

July 20, 2022

PACER
42

NOTICE of Appearance by CHARLES JUSTIN COOPER on behalf of ASHLEY MOODY (COOPER, CHARLES) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
43

MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-7323483.) by MONICA CEPERO, RON DESANTIS, LIBBY FARMER, MARIO GARZA, DAWN HANSON, LARRY HART, DARRICK MCGHEE, ASHLEY MOODY, KENYATTA MOYE, VIVIAN MYRTETUS, PAMELA PAYNE, JAY PICHARD, ANGELA PRIMIANO. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (OHLENDORF, JOHN) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
44

MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-7323580.) by MONICA CEPERO, RON DESANTIS, LIBBY FARMER, MARIO GARZA, DAWN HANSON, LARRY HART, DARRICK MCGHEE, ASHLEY MOODY, KENYATTA MOYE, VIVIAN MYRTETUS, PAMELA PAYNE, JAY PICHARD, ANGELA PRIMIANO. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (RAMER, JOHN) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
45

MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-7323752.) by MONICA CEPERO, RON DESANTIS, LIBBY FARMER, MARIO GARZA, DAWN HANSON, LARRY HART, DARRICK MCGHEE, ASHLEY MOODY, KENYATTA MOYE, VIVIAN MYRTETUS, PAMELA PAYNE, JAY PICHARD, ANGELA PRIMIANO. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (WOLD, MEGAN) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
46

ORDER ADMITTING JOHN RAMER PRO HAC VICE - The 44 motion is GRANTED. Mr. Ramer has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Defendants. Signed by CHIEF JUDGE MARK E WALKER on 7/21/22. (sjb) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
47

ORDER ADMITTING JOHN OHLENDORF PRO HAC VICE - The 43 motion is GRANTED. Mr. Ohlendorf has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Defendants. Signed by CHIEF JUDGE MARK E WALKER on 7/21/22. (sjb) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
48

ORDER ADMITTING MEGAN WOLD PRO HAC VICE - The 45 motion is GRANTED. Ms. Wold has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Defendants. Signed by CHIEF JUDGE MARK E WALKER on 7/21/22. (sjb) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
49

MEMORANDUM in Opposition re 18 MOTION for Preliminary Injunction and MEMORANDUM in Support of Motion for Preliminary Injunction filed by MONICA CEPERO, RON DESANTIS, LIBBY FARMER, MARIO GARZA, DAWN HANSON, LARRY HART, DARRICK MCGHEE, ASHLEY MOODY, KENYATTA MOYE, VIVIAN MYRTETUS, PAMELA PAYNE, JAY PICHARD, ANGELA PRIMIANO. (COOPER, CHARLES) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
50

MOTION to Dismiss for Lack of Jurisdiction ( (Internal deadline for referral to judge if response not filed earlier: 8/4/2022).), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MONICA CEPERO, RON DESANTIS, LIBBY FARMER, MARIO GARZA, DAWN HANSON, LARRY HART, DARRICK MCGHEE, ASHLEY MOODY, KENYATTA MOYE, VIVIAN MYRTETUS, PAMELA PAYNE, JAY PICHARD, ANGELA PRIMIANO. (Attachments: # 1 Memorandum in Support) (COOPER, CHARLES) (Entered: 07/21/2022)

July 21, 2022

July 21, 2022

PACER
51

REPLY to Response to Motion re 18 MOTION for Preliminary Injunction and MEMORANDUM in Support of Motion for Preliminary Injunction filed by HONEYFUND.COM INC, CHEVARA ORRIN, PRIMO TAMPA LLC, WHITESPACE CONSULTING LLC. (AGARWAL, SHALINI) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

PACER
52

RESPONSE in Opposition re 50 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by HONEYFUND.COM INC, CHEVARA ORRIN, PRIMO TAMPA LLC, WHITESPACE CONSULTING LLC. (Attachments: # 1 Affidavit of Chevara Orrin (supplemental)) (AGARWAL, SHALINI) (Entered: 07/29/2022)

July 29, 2022

July 29, 2022

PACER
53

RESPONSE in Support re 50 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MONICA CEPERO, LIBBY FARMER, MARIO GARZA, DAWN HANSON, LARRY HART, DARRICK MCGHEE, ASHLEY MOODY, KENYATTA MOYE, VIVIAN MYRTETUS, PAMELA PAYNE, JAY PICHARD, ANGELA PRIMIANO. (COOPER, CHARLES) (Entered: 08/04/2022)

Aug. 4, 2022

Aug. 4, 2022

PACER
54

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Evidentiary Hearing held on 8/8/2022. Court hears argument regarding Plaintiff's 18 Motion for Preliminary Injunction & Defendants' 50 Motion to Dismiss. Ruling by Court: Order to follow (Court Reporter Megan Hague (USDC-Tallahassee)). (vkm) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

PACER
55

PRELIMINARY INJUNCTION. Plaintiffs' motion for a preliminary injunction, ECF No. 18, is GRANTED in part. Defendants Moody, McGhee, Primiano, Garza, Farmer, Pichard, Hart, Cepero, Myrtetus, Hanson, Moye, and Payne must take no steps to enforce ยง 760.10(8), Fla. Stat. until otherwise ordered. The motion, ECF No. 18, is otherwise DENIED in part as to Defendant DeSantis. Signed by CHIEF JUDGE MARK E WALKER on 8/18/2022. (kjw) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

Clearinghouse
56

ORDER DENYING MOTION TO DISMISS. Defendants' motion to dismiss, ECF No. 50, is DENIED. Signed by CHIEF JUDGE MARK E WALKER on 8/18/2022. (kjw) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

Clearinghouse
57

ANSWER to 17 Amended Complaint by MONICA CEPERO, RON DESANTIS, LIBBY FARMER, MARIO GARZA, DAWN HANSON, LARRY HART, DARRICK MCGHEE, ASHLEY MOODY, KENYATTA MOYE, VIVIAN MYRTETUS, PAMELA PAYNE, JAY PICHARD, ANGELA PRIMIANO. (COOPER, CHARLES) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: June 22, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A Florida-based private company that provided DEI trainings (and its founder), and a separate Florida-based private company that wanted to provide DEI trainings for its employees.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida, State

Florida Commission on Human Relations, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Due Process: Substantive Due Process

Freedom of speech/association

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2022 - None

Content of Injunction:

Preliminary relief granted