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Case: Dream Defenders v. DeSantis

4:21-cv-00191 | U.S. District Court for the Northern District of Florida

Filed Date: May 11, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 11, 2021, the NAACP, ACLU of Florida, and Community Justice Project filed suit against Governor Ron DeSantis, the Attorney General of the State of Florida, the Sheriff of Leon County, the Sheriff of Jacksonville/Duval County, and the Sheriff of Broward County in the U.S. District Court of Florida to challenge a state law designed to chill First Amendment rights to free speech and assembly following demonstrations against police violence in the summer of 2020. The Florida-enacted law, the…

On May 11, 2021, the NAACP, ACLU of Florida, and Community Justice Project filed suit against Governor Ron DeSantis, the Attorney General of the State of Florida, the Sheriff of Leon County, the Sheriff of Jacksonville/Duval County, and the Sheriff of Broward County in the U.S. District Court of Florida to challenge a state law designed to chill First Amendment rights to free speech and assembly following demonstrations against police violence in the summer of 2020. The Florida-enacted law, the Combating Public Disorder Act (HB1), codified new crimes and increased penalties for those who participated in public demonstrations, and provided an affirmative defense to those who were violent towards protestors. Plaintiffs asserted a violation of their First Amendment rights to free speech and assembly, and a violation of the Fourteenth Amendment’s Equal Protection clause based off HB1’s alleged targeting of Black organizers and organizations. Plaintiffs sought (1) a declaratory judgment stating that the Combating Public Disorder Act is unconstitutional, (2) preliminary and permanent injunctive relief prohibiting the implementation of HB1 in its entirety, and (3) monetary damages, costs of suit, and attorney’s fees. This case was assigned to Chief Judge Mark E. Walker.

A motion to dismiss was granted in part by Judge Walker on August 9, 2021. Plaintiffs' claims against the Attorney General were dismissed for lack of standing. Claims against the Governor were limited to those challenging sections 15 and 16 of HB1, which concerned the re-definition of "riot" to a broader meaning and the amendment of the misdemeanor offense of Unlawful Assemblies to require anyone arrested under this provision to be held without bail until brought before a judge for a hearing. Plaintiffs' claims against the Sheriffs were also limited to those in which the Sheriffs were acting as "arms of the state." 553 F.Supp.3d 1052. 

On September 9, 2021, a preliminary injunction was granted with respect to Governor Ron DeSantis and the Sheriffs, and denied as moot with respect to the Attorney General. This enjoined Defendants from enforcing HB1’s amendment to broaden the definition of “riot” in Florida Statutes § 870.01(2), a law that criminalized rioting and the inciting or encouraging of a riot. The Court asserted that the definition’s vagueness would permit “those in power to weaponize its enforcement against any group who wishes to express any message that the government disapproves of.” 559 F.Supp.3d 1238.

On September 16, 2021, the Court granted the Attorney General's motion to intervene, allowing her to intervene in the case only for the purpose of defending the constitutionality of the statutes in question. Defendants filed an appeal to the preliminary injunction on October 13, 2021 in the Eleventh Circuit U.S. Court of Appeals. This case remains ongoing.

Summary Authors

Kathleen Lok (10/5/2022)

Documents in the Clearinghouse

Document
1

4:21-cv-00191

Complaint

Dream Defenders v. Desantis

May 11, 2021

May 11, 2021

Complaint
90

4:21-cv-00191

Order on Motions to Dismiss

Dream Defenders v. Desantis

Aug. 9, 2021

Aug. 9, 2021

Order/Opinion
137

4:21-cv-00191

Preliminary Injunction

Dream Defenders v. Desantis

Sept. 9, 2021

Sept. 9, 2021

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/59899437/dream-defenders-v-desantis/

Last updated Oct. 3, 2022, 6:14 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AFLNDC-6087752.), filed by NORTHSIDE COALITION OF JACKSONVILLE, INC., CHAINLESS CHANGE, INC., THE BLACK COLLECTIVE, INC., BLACK LIVES MATTER ALLIANCE BROWARD, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP. (Attachments: # 1 DESANTIS SUMMONS, # 2 MOODY SUMMONS, # 3 MCNEIL SUMMONS, # 4 WILLIAMS SUMMONS, # 5 TONY SUMMONS) (MARINO, ANYA) (Entered: 05/11/2021)

1 DESANTIS SUMMONS

View on PACER

2 MOODY SUMMONS

View on PACER

3 MCNEIL SUMMONS

View on PACER

4 WILLIAMS SUMMONS

View on PACER

5 TONY SUMMONS

View on PACER

May 11, 2021

May 11, 2021

Clearinghouse
2

CIVIL COVER SHEET. (MARINO, ANYA) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER
3

Corporate Disclosure Statement/Certificate of Interested Persons by BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE, INC., DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE, INC., THE BLACK COLLECTIVE, INC.. (MARINO, ANYA) (Entered: 05/11/2021)

May 11, 2021

May 11, 2021

PACER
4

Summons Issued as to RON DESANTIS, WALT MCNEIL, ASHLEY MOODY, GREGORY TONY, and MIKE WILLIAMS. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons) (cle) (Entered: 05/12/2021)

May 12, 2021

May 12, 2021

PACER
5

NOTICE of Appearance by MORENIKE FAJANA on behalf of All Plaintiffs (FAJANA, MORENIKE) (Entered: 05/14/2021)

May 14, 2021

May 14, 2021

PACER
6

NOTICE of Appearance by MIRIAM FAHSI HASKELL on behalf of All Plaintiffs (HASKELL, MIRIAM) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
7

NOTICE of Appearance by DANIEL BOAZ TILLEY on behalf of All Plaintiffs (TILLEY, DANIEL) (Entered: 05/17/2021)

May 17, 2021

May 17, 2021

PACER
8

SUMMONS Returned Executed by NORTHSIDE COALITION OF JACKSONVILLE, INC., CHAINLESS CHANGE, INC., THE BLACK COLLECTIVE, INC., BLACK LIVES MATTER ALLIANCE BROWARD, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP. GREGORY TONY served on 5/18/2021, answer due 6/8/2021. (MARINO, ANYA) (Entered: 05/18/2021)

May 18, 2021

May 18, 2021

PACER
9

NOTICE of Appearance by BERBETH S FOSTER on behalf of All Plaintiffs (FOSTER, BERBETH) (Entered: 05/19/2021)

May 19, 2021

May 19, 2021

PACER
10

NOTICE of Appearance by NICHOLAS WARREN on behalf of All Plaintiffs (WARREN, NICHOLAS) (Entered: 05/21/2021)

May 21, 2021

May 21, 2021

PACER
11

SUMMONS Returned Executed by NORTHSIDE COALITION OF JACKSONVILLE INC, CHAINLESS CHANGE INC, BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP. RON DESANTIS served on 5/17/2021, answer due 6/7/2021. (MARINO, ANYA) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
12

SUMMONS Returned Executed by NORTHSIDE COALITION OF JACKSONVILLE INC, CHAINLESS CHANGE INC, BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP. WALT MCNEIL served on 5/18/2021, answer due 6/8/2021. (MARINO, ANYA) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
13

SUMMONS Returned Executed by NORTHSIDE COALITION OF JACKSONVILLE INC, CHAINLESS CHANGE INC, BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP. ASHLEY MOODY served on 5/17/2021, answer due 6/7/2021. (MARINO, ANYA) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
14

MOTION to Appear Pro Hac Vice by Georgina Yeomans.( Filing fee $ 208 receipt number AFLNDC-6105553.) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (Attachments: # 1 Exhibit Ex. A - Cert. of Good Standing - Georgina Yeomans) (MARINO, ANYA) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
15

MOTION to Appear Pro Hac Vice by Rachel Kleinman.( Filing fee $ 208 receipt number AFLNDC-6105582.) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (Attachments: # 1 Exhibit Ex. A - Cert. of Good Standing - Rachel Kleinman) (MARINO, ANYA) (Entered: 05/24/2021)

May 24, 2021

May 24, 2021

PACER
16

ORDER ADMITTING GEORGINA YEOMANS PRO HAC VICE. This Court has considered, without hearing, the motion to admit Georgina Yeomans pro hac vice, ECF No. 14 . The motion is GRANTED. Ms. Yeomans has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 5/25/21. (blb) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
17

ORDER ADMITTING RACHEL KLEINMAN PRO HAC VICE. This Court has considered, without hearing, the motion to admit Rachel Kleinman pro hac vice, ECF No. 15 . The motion is GRANTED. Ms. Kleinman has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 5/25/21. (blb) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
18

NOTICE of Appearance by DENISE A GHARTEY on behalf of All Plaintiffs (GHARTEY, DENISE) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
19

NOTICE of Appearance by ALANA J GREER on behalf of All Plaintiffs (GREER, ALANA) (Entered: 05/25/2021)

May 25, 2021

May 25, 2021

PACER
20

MOTION to Appear Pro Hac Vice by Max Gaston.( Filing fee $ 208 receipt number AFLNDC-6108986.) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (Attachments: # 1 Exhibit Ex. A - Cert. of Good Standing - Gaston, Max) (MARINO, ANYA) (Entered: 05/26/2021)

May 26, 2021

May 26, 2021

PACER
21

ORDER ADMITTING MAX GASTON PRO HAC VICE. This Court has considered, without hearing, the motion to admit Max Gaston pro hac vice, ECF No. 20 . The motion is GRANTED. Mr. Gaston has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 5/26/21. (blb) (Entered: 05/27/2021)

May 26, 2021

May 26, 2021

PACER
22

NOTICE of Appearance by ANITA J PATEL on behalf of ASHLEY MOODY (PATEL, ANITA) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
23

NOTICE of Appearance by MICHAEL ROSS PIPER on behalf of GREGORY TONY (PIPER, MICHAEL) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
24

Joint MOTION for Extension of Time to File Responses to the Complaint by RON DESANTIS, ASHLEY MOODY. (PATEL, ANITA) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
25

NOTICE of Appearance by CHRISTOPHER J STEARNS, JR on behalf of GREGORY TONY (STEARNS, CHRISTOPHER) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
26

SUMMONS Returned Executed by NORTHSIDE COALITION OF JACKSONVILLE INC, CHAINLESS CHANGE INC, BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP. MIKE WILLIAMS served on 5/27/2021, answer due 6/17/2021. (MARINO, ANYA) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER
27

ORDER GRANTING EXTENSION OF TIME - Defendants Attorney General Ashley Moody and Governor Ron DeSantis's Unopposed Motion for Extension of Time to respond to the complaint, ECF No. 24, is GRANTED. Defendants Moody and DeSantis shall respond on or before 6/14/2021. Signed by CHIEF JUDGE MARK E WALKER on 6/2/2021. (cle) (Entered: 06/03/2021)

June 2, 2021

June 2, 2021

PACER
28

NOTICE of Appearance by JON ROBERT PHILLIPS on behalf of MIKE WILLIAMS (PHILLIPS, JON) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
29

NOTICE of Appearance by MICHAEL PATRICK SPELLMAN on behalf of WALT MCNEIL (SPELLMAN, MICHAEL) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
30

NOTICE of Appearance by MATTHEW JOSEPH CARSON on behalf of WALT MCNEIL (CARSON, MATTHEW) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
31

Joint MOTION for Extension of Time to File Answer from Defendants Mike Williams, Gregory Tony and by WALT MCNEIL. (CARSON, MATTHEW) (Entered: 06/04/2021)

June 4, 2021

June 4, 2021

PACER
32

ORDER GRANTING EXTENSION OF TIME - Defendants Walt McNeil, Mike Williams, and Gregory Tony's Joint Unopposed Motion for Extension of Time to Respond to Plaintiffs' Complaint, ECF No. 31, is GRANTED. Defendants McNeil, Williams, and Tony shall respond on or before 6/25/2021. Signed by CHIEF JUDGE MARK E WALKER on 6/7/2021. (cle) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
33

INITIAL SCHEDULING ORDER - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 6/21/2021. Discovery Status Report due by 7/8/2021. Rule 26 Meeting Report due by 7/21/2021. Discovery due by 10/5/2021. Signed by CHIEF JUDGE MARK E WALKER on 6/7/2021. (cle) (Entered: 06/08/2021)

June 7, 2021

June 7, 2021

PACER
34

NOTICE of Appearance by NICHOLAS JOHN PETER MEROS on behalf of RON DESANTIS (MEROS, NICHOLAS) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
35

MOTION to Appear Pro Hac Vice by Nicholas E. Petree.( Filing fee $ 208 receipt number AFLNDC-6134592.) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (Attachments: # 1 Exhibit 1) (PETREE, NICHOLAS) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
36

MOTION to Appear Pro Hac Vice by Miranda Alyssa Dore.( Filing fee $ 208 receipt number AFLNDC-6134802.) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (Attachments: # 1 Exhibit 1) (DORE, MIRANDA) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
37

MOTION to Appear Pro Hac Vice by Erica E. Holland.( Filing fee $ 208 receipt number AFLNDC-6134803.) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (Attachments: # 1 Certificate of Service) (HOLLAND, ERICA) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
38

MOTION to Dismiss and Incorporated Memorandum of Law by ASHLEY MOODY. (Internal deadline for referral to judge if response not filed earlier: 6/28/2021). (PATEL, ANITA) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

PACER
39

MOTION to Dismiss for Lack of Jurisdiction, Lack of Standing, and Failure to State a Claim by RON DESANTIS. (Internal deadline for referral to judge if response not filed earlier: 6/28/2021). (MEROS, NICHOLAS) (Entered: 06/14/2021)

June 14, 2021

June 14, 2021

RECAP
40

ORDER ADMITTING MIRANDA DORE PRO HAC VICE. Granting 36 Motion to Appear Pro Hac Vice. Ms. Dore has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 6/15/21. (pll) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
41

ORDER ADMITTING ERICA HOLLAND PRO HAC VICE. Granting 37 Motion to Appear Pro Hac Vice. Ms. Holland has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 6/15/21. (pll) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
42

ORDER ADMITTING NICHOLAS PETREE PRO HAC VICE. Granting 35 Motion to Appear Pro Hac Vice. Mr. Petree has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 6/15/21. (pll) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
43

NOTICE of Appearance by KAREN ANN BRODEEN on behalf of ASHLEY MOODY (BRODEEN, KAREN) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
44

MOTION to Appear Pro Hac Vice by James E. Tysse.( Filing fee $ 208 receipt number AFLNDC-6141082.) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (Attachments: # 1 Exhibit 1) (TYSSE, JAMES) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
45

MOTION for Extension of Time to File Response/Reply by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (KLEINMAN, RACHEL) (Entered: 06/17/2021)

June 17, 2021

June 17, 2021

PACER
46

ORDER GRANTING PLAINTIFF'S EXTENSION OF TIME - Plaintiffs' Unopposed Motion for Extension of Time to Respond to Motions to Dismiss, ECF No. 24, is GRANTED. Plaintiffs shall respond on or before 7/23/2021. Signed by CHIEF JUDGE MARK E WALKER on 6/21/2021. (cle) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
47

ORDER ADMITTING JAMES TYSSE PRO HAC VICE - The motion to admit James E. Tysse pro hac vice, ECF No. 44, is GRANTED. Mr. Tysse is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 6/21/2021. (cle) (Entered: 06/21/2021)

June 21, 2021

June 21, 2021

PACER
48

MOTION to Dismiss Plaintiffs' Complaint by GREGORY TONY. (Internal deadline for referral to judge if response not filed earlier: 7/8/2021). (PIPER, MICHAEL) (Entered: 06/24/2021)

June 24, 2021

June 24, 2021

PACER
49

MOTION to Dismiss by MIKE WILLIAMS. (Internal deadline for referral to judge if response not filed earlier: 7/9/2021). (PHILLIPS, JON) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
50

MOTION to Dismiss Plaintiffs' Complaint by WALT MCNEIL. (Internal deadline for referral to judge if response not filed earlier: 7/9/2021). (CARSON, MATTHEW) (Entered: 06/25/2021)

June 25, 2021

June 25, 2021

PACER
51

MOTION to Appear Pro Hac Vice by Steven H. Schulman.( Filing fee $ 208 receipt number AFLNDC-6154368.) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (Attachments: # 1 Exhibit Certificate of Good Standing - DC) (SCHULMAN, STEVEN) (Entered: 06/28/2021)

June 28, 2021

June 28, 2021

PACER
52

ORDER ADMITTING STEVEN SCHULMAN PRO HAC VICE - The motion to admit Steven H. Schulman pro hac vice, ECF No. 51, is GRANTED. Mr. Schulman is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 6/28/2021. (cle) (Entered: 06/29/2021)

June 28, 2021

June 28, 2021

PACER
53

STATUS REPORT on Discovery (Joint) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (HASKELL, MIRIAM) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
54

NOTICE of Adoption of Other "Sheriff Defendants" Motions to Dismiss and Memorandum of Law in Support by GREGORY TONY (PIPER, MICHAEL) (Entered: 07/07/2021)

July 7, 2021

July 7, 2021

PACER
55

RULE 26 Disclosures by WALT MCNEIL. (CARSON, MATTHEW) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
56

RULE 26 Disclosures by GREGORY TONY. (PIPER, MICHAEL) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
57

RULE 26 Disclosures by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (HASKELL, MIRIAM) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
58

RULE 26 Disclosures by ASHLEY MOODY. (PATEL, ANITA) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
59

RULE 26 Disclosures by MIKE WILLIAMS. (PHILLIPS, JON) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
60

RULE 26 Disclosures by RON DESANTIS. (MEROS, NICHOLAS) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER
61

REPORT of Rule 26(f) Planning Meeting. (PETREE, NICHOLAS) (Entered: 07/08/2021)

July 8, 2021

July 8, 2021

PACER

Set Deadlines/Hearings: Joint Status Report due by 8/9/2021. (kjw)

July 8, 2021

July 8, 2021

PACER
62

SCHEDULING AND MEDIATION ORDER Re: 61 Report of Rule 26(f) Planning Meeting. Discovery due by 10/29/2021. Dispositive Motions to be filed by 11/19/2021. Bench Trial set for 4/18/2022 08:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. Mediation Report due by 12/10/2021. Signed by CHIEF JUDGE MARK E WALKER on 7/9/2021. (kjw) *Case referred to mediation. Modified on 7/14/2021 to correct the docket text. (kjw) (Entered: 07/09/2021)

July 9, 2021

July 9, 2021

PACER

ACTION *NO LONGER* REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is no longer needed Re: 48 MOTION to Dismiss Plaintiffs' Complaint. *Entry done prematurely - responses are not due until 7/23/2021 per 46 ORDER. (kjw)

July 9, 2021

July 9, 2021

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 61 Report of Rule 26(f) Planning Meeting. (kjw)

July 9, 2021

July 9, 2021

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 48 MOTION to Dismiss Plaintiffs' Complaint by GREGORY TONY. *No response has been filed. (kjw)

July 9, 2021

July 9, 2021

PACER
63

MOTION to Abrogate Mediation Requirement by ASHLEY MOODY. (PATEL, ANITA) (Entered: 07/13/2021)

July 13, 2021

July 13, 2021

PACER
66

ORDER GRANTING UNOPPOSED MOTION TO ABROGATE MEDIATION REQUIREMENT - re: Defendants' Unopposed Motion to Abrogate Mediation Requirement. This Court finds good cause has been shown why the mediation requirement should be waived, and the motion, ECF No. 63, is therefore GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 7/13/2021. (cle) (Entered: 07/14/2021)

July 13, 2021

July 13, 2021

PACER
64

MOTION for Preliminary Injunction by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (MARINO, ANYA) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
65

MEMORANDUM in Support re 64 MOTION for Preliminary Injunction filed by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (Attachments: # 1 Exhibit Declaration - Rachel Gilmer (Dream Defenders), # 2 Exhibit Declaration - Valencia Gunder (The Black Collective), # 3 Exhibit Declaration - Marq Mitchell (Chainless Change), # 4 Exhibit Declaration - Tifanny Burks (BLMA Broward), # 5 Exhibit Declaration - Marie Rattigan (NAACP), # 6 Exhibit Declaration - Devan Vilfrard (NAACP), # 7 Exhibit Declaration - Ben Frazier (Northside Coalition of Jacksonville)) (MARINO, ANYA) (Entered: 07/14/2021)

1 Exhibit Declaration - Rachel Gilmer (Dream Defenders)

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2 Exhibit Declaration - Valencia Gunder (The Black Collective)

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3 Exhibit Declaration - Marq Mitchell (Chainless Change)

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4 Exhibit Declaration - Tifanny Burks (BLMA Broward)

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5 Exhibit Declaration - Marie Rattigan (NAACP)

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6 Exhibit Declaration - Devan Vilfrard (NAACP)

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7 Exhibit Declaration - Ben Frazier (Northside Coalition of Jacksonville)

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July 14, 2021

July 14, 2021

RECAP
67

NOTICE of Parties Conferral Regarding Plaintiffs' Motion for Preliminary Injunction by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC (MARINO, ANYA) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
68

ORDER SETTING CONFERENCE SCHEDULE - re: 64 MOTION for Preliminary Injunction. The Clerk shall set this matter for an expedited telephonic scheduling conference on Friday, July 16, 2021, at 4:00 p.m. (ET) before CHIEF JUDGE MARK E WALKER. Signed by CHIEF JUDGE MARK E WALKER on 7/14/2021. (cle) (Entered: 07/14/2021)

July 14, 2021

July 14, 2021

PACER
69

NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 7/16/2021 04:00 PM 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: 07/14/2021)

July 14, 2021

July 14, 2021

PACER

Set Hearings: Bench Trial set for 4/18/2022 08:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER, per 62 SCHEDULING AND MEDIATION ORDER. (kjw)

July 14, 2021

July 14, 2021

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed re: 49 MOTION to Dismiss and 50 MOTION to Dismiss Plaintiffs' Complaint. The deadline to file Responses has expired. No Responses have been filed. (cle)

July 14, 2021

July 14, 2021

PACER
70

AMENDED DOCUMENT by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. Amendment to 67 Notice (Other), Plaintiffs' Amended Notice of Parties' Conferral Regarding Plaintiffs' Motion for Preliminary Injunction (MARINO, ANYA) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
71

MOTION to Appear Pro Hac Vice by Joseph L. Sorkin.( Filing fee $ 208 receipt number AFLNDC-6186695.) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing - NY) (SORKIN, JOSEPH) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
72

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 7/16/2021. Parties discuss schedule re: Plaintiffs' 64 Motion for Preliminary Injunction. Ruling by Court: Plaintiffs' 71 Motion to Appear Pro Hac Vice granted. Plaintiffs consolidated response to Defendants' 38, 39, 48, 49 & 50 MOTIONS to Dismiss due 7/23/2021. Defendants' replies due 7/27/2021. Plaintiffs' witness declarations due 8/5/2021. Defendants' responsive witness declarations due 8/19/2021. Defendants' responses to 64 Motion for Preliminary Injunction due 8/19/2021. Plaintiffs' reply due 8/26/2021. Preliminary injunction hearing set for 8/30/21 at 9:00 a.m. Order to follow (Court Reporter Megan Hague). (vkm) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
73

ORDER ADMITTING JOSEPH L. SORKIN PRO HAC VICE granting 71 Motion to Appear Pro Hac Vice. Signed by CHIEF JUDGE MARK E WALKER on 7/16/2021. (vkm) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
74

ORDER SETTING EXPEDITED BRIEFING SCHEDULE AND PRELIMINARY INJUNCTION HEARING - Plaintiffs' response to Defendants' 38, 39, 48, 49 & 50 motions to dismiss shall be filed on or before 7/23/2021. Defendants shall file any reply to that response on or before 7/27/2021. Any additional witness declarations from Plaintiff shall be filed on or before 8/5/2021. Defendants' responses to Plaintiffs' motion for preliminary injunction shallbe filed on or before 8/19/2021. Any responsive witness declarations from Defendants shall be filed on or before8/19/2021. Plaintiffs' reply to Defendants' responses to Plaintiffs' motion for preliminary injunction shall be filed on or before 8/26/2021. Preliminary Injunction Hearing set for 8/30/2021 09:00 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. Signed by CHIEF JUDGE MARK E WALKER on 7/16/2021. (vkm) (Entered: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
75

NOTICE OF HEARING RE: 64 MOTION for Preliminary Injunction: Motion Hearing set for 8/30/2021 09:00 AM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. Per Administrative Order, to protect the health and safety of all occupants, all unvaccinated persons who enter any courthouse within the Northern District of Florida are required to practice social distancing measures and to wear face masks or other face coverings that cover the person's nose and mouth while in any public or common area within the facility.Face masks are required for unvaccinated persons in Courtroom 5 West. 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: 07/16/2021)

July 16, 2021

July 16, 2021

PACER
76

MEMORANDUM in Opposition re 48 MOTION to Dismiss Plaintiffs' Complaint, 39 MOTION to Dismiss for Lack of Jurisdiction, Lack of Standing, and Failure to State a Claim, 50 MOTION to Dismiss Plaintiffs' Complaint, 49 MOTION to Dismiss, 38 MOTION to Dismiss and Incorporated Memorandum of Law filed by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (KLEINMAN, RACHEL) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

RECAP
77

ORDER FOR EXPEDITED SUPPLEMENTAL BRIEFING re 38, 39, 48, 49 & 50 MOTIONS to Dismiss - On or before 7/30/2021, the parties may file supplemental briefing to the extent they wish to continue to rely on the published Support Working Animals decision, in light of this Court's later order dismissing the claims in that case post-Jacobson. The parties must explain why this Court's published order in Support Working Animals is applicable or persuasive in this case notwithstanding this Court's subsequent order dismissing the case. Signed by CHIEF JUDGE MARK E WALKER on 7/23/2021. (vkm) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
78

AMENDED ORDER FOR EXPEDITED SUPPLEMENTAL BRIEFING re 38, 39, 48, 49 & 50 MOTIONS to Dismiss - On or before 7/28/2021, the parties may file supplemental briefing to the extent they wish to continue to rely on the published Support Working Animals decision, in light of this Courts later order dismissing the claims in that case post-Jacobson. The parties must explain why this Courts published order in Support Working Animals is applicable or persuasive in this case notwithstanding this Courts subsequent order dismissing the case. Signed by CHIEF JUDGE MARK E WALKER on 7/23/2021. (vkm) (Entered: 07/23/2021)

July 23, 2021

July 23, 2021

PACER
79

NOTICE of Appearance by MARY MARGARET GIANNINI on behalf of MIKE WILLIAMS (GIANNINI, MARY MARGARET) (Entered: 07/26/2021)

July 26, 2021

July 26, 2021

PACER
80

REPLY by GREGORY TONY re 76 Memorandum in Opposition to Motion,, . (PIPER, MICHAEL) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
81

REPLY by ASHLEY MOODY re 76 Memorandum in Opposition to Motion,, . (PATEL, ANITA) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
82

REPLY by MIKE WILLIAMS re 76 Memorandum in Opposition to Motion,, . (GIANNINI, MARY MARGARET) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
83

REPLY to Response to Motion re 39 MOTION to Dismiss for Lack of Jurisdiction, Lack of Standing, and Failure to State a Claim and Supplemental Briefing filed by RON DESANTIS. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (MEROS, NICHOLAS) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
84

REPLY to Response to Motion re 50 MOTION to Dismiss Plaintiffs' Complaint filed by WALT MCNEIL. (CARSON, MATTHEW) (Entered: 07/27/2021)

July 27, 2021

July 27, 2021

PACER
85

Supplemental Brief in Opposition to 48 MOTION to Dismiss Plaintiffs' Complaint, 39 MOTION to Dismiss for Lack of Jurisdiction, Lack of Standing, and Failure to State a Claim, 50 MOTION to Dismiss Plaintiffs' Complaint, 49 MOTION to Dismiss, 38 MOTION to Dismiss and Incorporated Memorandum of Law (Supplemental Brief) filed by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (YEOMANS, GEORGINA) Modified on 7/29/2021 to reflect document title (ckm). (Entered: 07/28/2021)

July 28, 2021

July 28, 2021

RECAP
86

ORDER REGARDING ADDITIONAL BRIEFING (re 85 Supplemental Brief) - To the extent a Defendant wishes to respond to the arguments raised in ECF No. 85, they may do so on or before the close of business on Monday, August 2, 2021. Signed by CHIEF JUDGE MARK E WALKER on 7/29/2021. (ckm) (Entered: 07/29/2021)

July 29, 2021

July 29, 2021

PACER
87

RESPONSE by ASHLEY MOODY re 76 Memorandum in Opposition to Motion,, . (PATEL, ANITA) (Entered: 08/02/2021)

Aug. 2, 2021

Aug. 2, 2021

PACER
88

MOTION to Appear Pro Hac Vice by Jason P. Bailey.( Filing fee $ 208 receipt number AFLNDC-6228075.) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (Attachments: # 1 Exhibit Ex. A - Cert. of Good Standing - J. Bailey) (TILLEY, DANIEL) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
89

STATUS REPORT on Discovery (Joint, Second) by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (HASKELL, MIRIAM) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

PACER
90

ORDER ON MOTIONS TO DISMISS. Attorney General Moody's motion to dismiss, ECF No. 38, is GRANTED for lack of standing. Plaintiffs' claims against Attorney General Moody are dismissed for lack of standing. Governor DeSantis's motion to dismiss, ECF No. 39, is GRANTED in part and DENIED in part. Plaintiffs' claims against the Governor are limited to those for which Plaintiffs have standing (claims challenging sections 15 and 16). The Defendant Sheriffs' motions, ECF Nos. 48, 49, and 50, are GRANTED in part and DENIED in part. Plaintiffs' claims against the Sheriffs are limited to those for which Plaintiffs have standing and Defendant Sheriffs are acting as "arms of the state" (claims challenging sections 2, 15, and 16). Signed by CHIEF JUDGE MARK E WALKER on 8/9/2021. (kjw) (Entered: 08/09/2021)

Aug. 9, 2021

Aug. 9, 2021

Clearinghouse
91

ORDER ADMITTING JASON BAILEY PRO HAC VICE. This Court has considered, without hearing, the motion to admit Jason P. Bailey pro hac vice, ECF No. 88 . The motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 8/10/2021. (kjw) (Entered: 08/10/2021)

Aug. 10, 2021

Aug. 10, 2021

PACER

Set Deadlines/Hearings: Joint Status Report due by 9/9/2021. (kjw)

Aug. 10, 2021

Aug. 10, 2021

PACER
92

MOTION Plaintiffs' Motion to Hold Remote Hearing and Memorandum in Support by BLACK COLLECTIVE INC, BLACK LIVES MATTER ALLIANCE BROWARD, CHAINLESS CHANGE INC, DREAM DEFENDERS, FLORIDA STATE CONFERENCE OF THE NAACP, NORTHSIDE COALITION OF JACKSONVILLE INC. (TILLEY, DANIEL) (Entered: 08/17/2021)

Aug. 17, 2021

Aug. 17, 2021

PACER
93

ORDER FOR EXPEDITED RESPONSE - re: 92 Plaintiffs' Motion to Hold Remote Hearing. Defendants DeSantis and Tony shall submit their response on or before 5:00 PM (ET) on Friday, 8/20/2021. Signed by CHIEF JUDGE MARK E WALKER on 8/18/2021. (cle) (Entered: 08/18/2021)

Aug. 18, 2021

Aug. 18, 2021

PACER

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Special Collection(s):

Police Violence Protests

Key Dates

Filing Date: May 11, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Dream Defenders, The Black Collective, Chainless Change, Black Lives Matter Alliance, Florida NAACP, and Northside Coalition are non-profit and community organizations focused on addressing systemic inequality and the empowerment of Black communities.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU National (all projects)

NAACP Legal Defense Fund

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Governor, State

Attorney General, State

Sheriff (Leon), County

Sheriff (Duval), County

Sheriff (Broward), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2021 - None

Content of Injunction:

Preliminary relief granted

Preliminary relief request withdrawn/mooted

Issues

Discrimination-basis:

Race discrimination

Race:

Black