Case: Alianza Americas v. DeSantis

MEMORANDUM of Law in Support re 80 State Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint filed by Ronald DeSantis, Florida Department of Transportation, Florida, State of, Lawrence A. Keefe, Jared W. Perdue, James Uthmeier. (McManus, Caetlin) (Entered: 02/28/2023)

Notice of correction to docket made by Court staff. Correction: 80, 86 corrected because: Memorandum in Support of Motion to Dismiss filed in error as attachment at 80-1 entered separately on the docket at 86 Pursuant to the CM/ECF Administrative Procedures Section (G) Number (4)). (McManus, Caetlin) (Entered: 02/28/2023)

Assented to MOTION for Extension of Time to April 26, 2023 to respond to Defendants' motions to dismiss and motion to transfer by Alianza Americas, Jesus Doe, Pablo Doe, Yanet Doe. (Attachments: # 1 Text of Proposed Order)(Leonetti, Kenneth) (Entered: 03/07/2023)

1

View on RECAP

Order on Motion for Extension of Time

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 88 Motion for Extension of Time to April 26, 2023 to respond to Defendants' motions to dismiss and motion to transfer. (Folan, Karen) (Entered: 03/07/2023)

NOTICE of Appearance by Matthew Casassa on behalf of Alianza Americas, Jesus Doe, Pablo Doe, Yanet Doe (Casassa, Matthew) (Entered: 04/19/2023)

Assented to MOTION for Extension of Time to May 10, 2023 to File Response/Reply as to 84 MOTION to Dismiss for Lack of Jurisdiction (Personal), Lack of Subject-Matter Jurisdiction, Improper Venue, and Failure to State a Claim, 81 Joint MOTION to Transfer Case to U.S. District Court for the Northern District of Florida., 80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction, 82 MOTION to Dismiss Amended Complaint, Assented to MOTION for Leave to File Consolidated Opposition to Motions to Dismiss ( Responses due by 5/4/2023) by Alianza Americas, Jesus Doe, Pablo Doe, Yanet Doe.(Leonetti, Kenneth) (Entered: 04/20/2023)

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 91 Motion for Extension of Time to May 10, 2023 to File Response to Motions to Dismiss and Transfer and to file consolidated respones. (Folan, Karen) (Entered: 04/21/2023)

Order on Motion for Extension of Time to File Response/Reply AND Order on Motion for Leave to File Document

MOTION to Participate as Amicus Curiae by National Latino Evangelical Coalition.(Pirozzolo, Lisa) (Entered: 04/24/2023)

Opposition re 93 MOTION to Participate as Amicus Curiae filed by James Montgomerie, Vertol Systems Company, Inc.. (Kelly, Brian) (Entered: 04/26/2023)

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. National Latino Evangelical Coalition (“NaLEC”)’s motion for leave to participate in this matter as amicus curiae, [ECF No. 93 ], is DENIED without prejudice.NaLEC seeks leave to: (1) file a brief related to the pending motions to dismiss and transfer the case, [ECF Nos. 80–82, and 84 ]; and if the case proceeds beyond the disposition of these motions, (2) “submit a brief or memorandum of law... on any dispositive motion in this case”; and (3) “submit declarations or affidavits in support of its memorandum of law, which may be accorded evidentiary weight if otherwise proper.” [ECF No. 93 at 3–4].The Federal Rules of Civil Procedure do not contain provisions concerning amici appearances, but it is well accepted that a district court has “inherent authority to appoint amici to assist it in a proceeding.” Portland Pipe Line Corp. v. City of S. Portland, No. 15-cv-00054, 2017 WL 79948, at *4 (D. Me. Jan. 9, 2017) (citation omitted); see also Borges v. Our Lady of the Sea Corp., 935 F.2d 436, 442 (1st Cir. 1991) (“A trial judge has wide latitude to regulate the conduct of trial.”). Further, "the acceptance of amicus briefs is within the sound discretion of the court[.]” Strasser v. Doorley, 432 F.2d 567, 569 (1st Cir. 1970).That said, the First Circuit has noted that “by the nature of things an amicus is not normally impartial[,]” and “an amicus who argues facts should rarely be welcomed.” Strasser, 432 F.2d at 569. It does seem that NaLEC intends to argue facts. In addition to requesting leave to file declarations or affidavits, to be accorded “evidentiary weight,” see [ECF No. 93 at 4], NaLEC states that it will “inform the Court of perspectives other than those represented by the parties; expound on the history and importance of the individual constitutional rights at issue in this case and the impact that different rulings may have on the community; and focus the Court’s attention on the broader implications of the case,” id. These appear to the Court to be factual issues likely to be contested by the parties.Additionally, “a district court lacking joint consent of the parties should go slow in accepting... an amicus brief unless, as a party, although short of a right to intervene, the amicus has a special interest that justifies [] having a say, or unless the court feels that existing counsel may need supplementing assistance[.]” Strasser, 432 F.2d at 569. Here, Defendants Vertol Systems Corp. and James Montgomerie oppose the motion. See [ECF No. 94 ]. Further, although NaLEC asserts that its participation will advance “special interests of faith-based and faith-affiliated organizations that have historically assumed a central role in supporting migrants,” [ECF No. 93 at 2], NaLEC has failed to articulate what those specific interests are, and why NaLEC’s participation at this stage of litigation would be required to advance them. Relatedly, the Court does not believe, and the parties have not indicated, that parties’ counsel require assistance, nor does the Court believe that additional advocacy is necessary or will be helpful.Given these considerations, the Court will, in its discretion, deny NaLEC’s motion at this early stage. NaLEC may renew its request if the case proceeds towards trial.(McManus, Caetlin) (Entered: 05/03/2023)

Order on Motion for Miscellaneous Relief

Opposition re 81 Joint MOTION to Transfer Case to U.S. District Court for the Northern District of Florida. filed by Alianza Americas, Jesus Doe, Pablo Doe, Yanet Doe. (Leonetti, Kenneth) (Entered: 05/10/2023)

Opposition re 84 MOTION to Dismiss for Lack of Jurisdiction (Personal), Lack of Subject-Matter Jurisdiction, Improper Venue, and Failure to State a Claim, 80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction, 82 MOTION to Dismiss Amended Complaint filed by Alianza Americas, Jesus Doe, Pablo Doe, Yanet Doe. (Leonetti, Kenneth) (Entered: 05/10/2023)

Opposition re 84 MOTION to Dismiss for Lack of Jurisdiction (Personal), Lack of Subject-Matter Jurisdiction, Improper Venue, and Failure to State a Claim, 80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction, 82 MOTION to Dismiss Amended Complaint / Corrected Consolidated Opposition to Motions to Dismiss filed by Alianza Americas, Jesus Doe, Pablo Doe, Yanet Doe. (Leonetti, Kenneth) (Entered: 05/11/2023)

MOTION for Leave to File Amicus Brief by National Association for the Advancement of Colored People Martha's Vineyard Branch. (Attachments: # 1 Amicus Brief)(Cole, David) (Entered: 05/17/2023)

MOTION for Leave to Appear Pro Hac Vice for admission of Roberto J. Gonzalez, Yahonnes Cleary, Jessica Finberg, Tianqi Lei, and Patrick Lim. Filing fee: $ 625, receipt number AMADC-9860934 by National Association for the Advancement of Colored People Martha's Vineyard Branch. (Attachments: # 1 Certification of Roberto J. Gonzalez, # 2 Certification of Yahonnes Cleary, # 3 Certification of Jessica Finberg, # 4 Certification of Tianqi Lei, # 5 Certification of Patrick Lim)(Cole, David) (Entered: 05/17/2023)

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 100 Motion for Leave to Appear Pro Hac Vice of Roberto J. Gonzalez, Yahonnes Cleary, Jessica Finberg, Tianqi Lei, and Patrick Lim. Attorneys admitted Pro Hac Vice must have an individual PACER account, not a shared firm account, to electronically file in the District of Massachusetts. To register for a PACER account, go the Pacer website at https://pacer.uscourts.gov/register-account. You must put the docket number on your form when registering or it will be rejected.Pro Hac Vice Admission Request Instructions https://www.mad.uscourts.gov/caseinfo/nextgen-pro-hac-vice.htm.A Notice of Appearance must be entered on the docket by the newly admitted attorney. Pursuant to Local Rule 83.5.3, local counsel shall also file an appearance in this matter. Further, local counsel shall review all filings and shall personally appear in Court for any hearings or conferences, unless expressly excused by the Court for good cause. (McManus, Caetlin) (Entered: 05/18/2023)

Order on Motion for Leave to Appear

Judge Allison D. Burroughs: ELECTRONIC ORDER entered. The National Association for the Advancement of Colored People (“NAACP”) Martha’s Vineyard Branch’s motion for leave to file brief as amicus curiae, [ECF No. 99 ], is DENIED without prejudice. As noted in the Court’s previous order, [ECF No. 95 ], "the acceptance of amicus briefs is within the sound discretion of the court,” but, “by the nature of things an amicus is not normally impartial[,]” and “an amicus who argues facts should rarely be welcomed.” Strasser v. Doorley, 432 F.2d 567, 569 (1st Cir. 1970). Additionally, “a district court lacking joint consent of the parties should go slow in accepting... an amicus brief unless, as a party, although short of a right to intervene, the amicus has a special interest that justifies [] having a say, or unless the court feels that existing counsel may need supplementing assistance.” Id.Defendants Vertol and Montgomerie seemingly oppose the motion. See [ECF No. 99 at 2]. Further, the NAACP Martha’s Vineyard Branch states that through its amicus brief it “seeks to assist the Court by putting” the events at issue “into historical context.” [Id. at 3]. The Court does not find, and the parties have not indicated, that such assistance is necessary at this stage of the litigation.The Court will therefore deny the motion with leave to renew if the case proceeds towards trial. (McManus, Caetlin) (Entered: 05/19/2023)

Order on Motion for Leave to File Document

Assented to MOTION for Leave to File by All Defendants to File Reply Briefs in Support of Motions to Dismiss and Transfer by Ronald DeSantis, Florida Department of Transportation, Florida, State of, Jared W. Perdue.(Weir, Bryan) (Entered: 05/23/2023)

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 103 Motion for Leave to File Reply Briefs in Support of Motions to Dismiss and Transfer ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) (Entered: 05/24/2023)

Order on Motion for Leave to File Document

REPLY to Response to 80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction and Venue filed by Ronald DeSantis, Florida Department of Transportation, Florida, State of, Lawrence A. Keefe, Jared W. Perdue, James Uthmeier. (Weir, Bryan) (Entered: 06/16/2023)

Joint REPLY to Response to 81 Joint MOTION to Transfer Case to U.S. District Court for the Northern District of Florida. filed by Ronald DeSantis, Florida Department of Transportation, Florida, State of, Perla Huerta, Lawrence A. Keefe, James Montgomerie, Jared W. Perdue, James Uthmeier, Vertol Systems Company, Inc.. (Weir, Bryan) (Entered: 06/16/2023)

REPLY to Response to 82 MOTION to Dismiss Amended Complaint filed by James Montgomerie, Vertol Systems Company, Inc.. (Kelly, Brian) (Entered: 06/16/2023)

REPLY to Response to 84 MOTION to Dismiss for Lack of Jurisdiction (Personal), Lack of Subject-Matter Jurisdiction, Improper Venue, and Failure to State a Claim filed by Perla Huerta. (Ramacher, Nicholas) (Entered: 06/16/2023)

Assented to MOTION for Leave to File Sur-Reply by Alianza Americas, Jesus Doe, Pablo Doe, Yanet Doe.(Leonetti, Kenneth) (Entered: 06/30/2023)

Order on Motion for Leave to File Document

Judge Allison D. Burroughs: ELECTRONIC ORDER entered granting 109 Motion for Leave to File Document ; Counsel using the Electronic Case Filing System should now file the document for which leave to file has been granted in accordance with the CM/ECF Administrative Procedures. Counsel must include - Leave to file granted on (date of order)- in the caption of the document. (Folan, Karen) (Entered: 06/30/2023)

SUR-REPLY to Motion re 84 MOTION to Dismiss for Lack of Jurisdiction (Personal), Lack of Subject-Matter Jurisdiction, Improper Venue, and Failure to State a Claim, 80 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss MOTION to Dismiss for Lack of Jurisdiction, 82 MOTION to Dismiss Amended Complaint filed by Alianza Americas, Jesus Doe, Pablo Doe, Yanet Doe. (Leonetti, Kenneth) (Entered: 07/14/2023)

Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered....Accordingly, for the reasons stated above, the motions to dismiss at ECF Nos. 80 and 84 are GRANTED and the Amended Complaint is dismissed, without prejudice, as to Huerta, DeSan tis, Perdue, Keefe, Uthmeier, the State of Florida, and the Florida DOT. The motion to dismiss at ECF No. 82 is GRANTED in part and DENIED in part. It is granted insofar as the Amended Complaint is dismissed in its entirety, without prejudice, as to Montgomerie. With respect to Vertol, it is granted insofar as Counts II, V, and IX are dismissed without prejudice, and denied as to Counts I, VI, VII, VIII, X, XI, XII, and XIII. SO ORDERED.(McManus, Caetlin)

Judge Allison D. Burroughs: MEMORANDUM AND ORDER entered. Having considered the relevant factors for transfer and finding that they all weigh against transfer or are neutral, the Court DENIES Vertol's request to transfer, [ECF No. 81 ].SO ORDERED. (McManus, Caetlin)