Case: Florida Hometown Democracy, Inc. v. Browning

4:08-cv-00373 | U.S. District Court for the Northern District of Florida

Filed Date: June 11, 2008

Closed Date: Sept. 9, 2009

Clearinghouse coding complete

Case Summary

This case challenged the constitutionality of Florida’s amended filing deadline for proposed constitutional amendments by motivated citizens and Florida’s Secretary of State’s application of signature review standards and refusal to include Plaintiffs’ constitutional amendments on the 2008 general election ballot.  On June 11, 2008, Florida Hometown Democracy, Inc. and eight individual Plaintiffs, all represented by private counsel, filed a Complaint for Declaratory and Injunctive relief in the…

This case challenged the constitutionality of Florida’s amended filing deadline for proposed constitutional amendments by motivated citizens and Florida’s Secretary of State’s application of signature review standards and refusal to include Plaintiffs’ constitutional amendments on the 2008 general election ballot. 

On June 11, 2008, Florida Hometown Democracy, Inc. and eight individual Plaintiffs, all represented by private counsel, filed a Complaint for Declaratory and Injunctive relief in the United States District Court for the Southern District of Florida against Florida’s Secretary of State. In their complaint, Plaintiffs alleged that Florida’s Secretary of State improperly refused to place their proposed amendment to Florida’s constitution on the November 4, 2008 ballot. Specifically, Plaintiffs alleged that the amended deadline of February 1, 2008 for having proposed amendments to the Florida state constitution added to the ballot was unconstitutional because it applied only to amendments via citizen initiatives that involved petition signatures.  Further, Plaintiffs alleged that the county supervisors of elections failed to properly validate the signatures on the petitions that were filed with the supervisors of elections, thus resulting in the Secretary of State’s Division of Election undercounting the petitions. Plaintiffs also challenged an amendment to Florida Statute § 100.371(8), which would permit private property owners to exclude from their property persons seeking to engage in activity supporting or opposing initiative amendments. Plaintiffs sought declaratory and injunctive relief under 42 U.S.C. § 1983 and attorney’s fees and costs under 42 U.S.C. § 1988. Specifically, they sought (1) the court’s declaration that Defendant’s refusal to grant Plaintiffs’ initiative access to the November 2008 general election ballot was unconstitutional; (2) the court’s declaration that the February 1 filing deadline for citizens’ initiative petition signatures was unconstitutional; (3) the court’s declaration that the application of inconsistent signature review standards to Plaintiffs’ petition was unconstitutional; (4) the court’s declaration that Defendant violated 42 U.S.C. § 1983; (5) preliminary and permanent injunction prohibiting Defendant from refusing to grant Plaintiffs’ initiative access to the 2008 general election ballot or, in the alternative, prohibiting Defendant from enforcing the February 1 filing deadline and the signature validation standards; and (6) attorney’s fees and costs. This case was assigned to Judge Kenneth A. Marra but was subsequently transferred to the United States District Court of the Northern District of Florida and assigned to Judge Stephan P Mickle. 

On July 3, 2008, Defendant filed a Motion to Dismiss for failure to state a claim. Defendant’s motion alleged that the Complaint contained no ultimate facts to support Plaintiffs’ claim that the February 1 filing deadline contained in the Florida Constitution was unconstitutional. Further, Defendant argued that Plaintiffs’ allegation that the sponsor would have obtained the required number of signatures but for the alleged improper invalidation of thousands of petition signatures by certain unnamed Supervisors of Elections did not state a cause of action against the Defendant. For this reason, Defendant alleged that the Complaint did not state a claim against him because the Secretary of State did not have the authority to count signatures that had not been verified by the Supervisors of Elections. Lastly, Defendant alleged that the Complaint must be dismissed, or in the alternative the case transferred to the Northern District of Florida, because of improper venue. The Defendant in this case was a state official whose office was located in the state capital, Tallahassee. The Complaint did not allege any actions or omissions by the Defendant specifically in the Southern District of Florida. 

On July 3, 2008, Plaintiffs filed a Motion for Preliminary Injunction specifically requesting that the Court (1)(a) prohibit Defendant from enforcing Florida’s new early filing deadline for citizens’ initiative petitions; (b) prohibit the continued use of disparate signature-verification criteria by the county Supervisors of Elections; and (c) invalidate Florida’s new law granting private property owners the power to selectively permit or prohibit the circulation of citizens’ initiative petitions on their premises; and (2) direct Defendant to place the proposed Hometown Democracy amendment on the November 4, 2008 general election ballot.

On July 18, 2008, Defendant filed its Opposition to Plaintiffs’ Motion for Preliminary Injunction. It claimed that none of the requirements for a preliminary injunction had been met. First, Defendant claimed that Plaintiff’s Motion for Preliminary Injunction was not ripe because the issue of venue must first be resolved. Second, Defendant argued that Plaintiffs could not succeed on their constitutional challenge to the February 1 deadline because any right to amend the Florida Constitution by initiative is a state right and not a federal right. Third, Defendant argued that Plaintiffs’ request for an injunction prohibiting the alleged use of disparate standards by the Supervisors of Elections must be denied because (1) there was no evidence that Secretary Browning had violated any federal constitutional rights of Plaintiffs, and (2) Plaintiffs had failed to join the Supervisors of Elections who were necessary parties. Lastly, Defendant argued that Plaintiffs’ request for an injunction invalidating Section 100.371(8), Florida Statutes, must be denied because (1) Plaintiffs failed to challenge that statute in their Complaint; (2) Secretary Browning had no authority to enforce the statute and therefore was not the proper Defendant; and (3) Plaintiffs failed to establish that the statute was unconstitutional.

On July 28, 2008, Plaintiffs filed their Reply in Support of Motion for Preliminary Injunction. In their Reply, Plaintiffs first alleged that venue was proper in the Southern District of Florida because a substantial part of the events or omissions that gave rise to their claim occurred either in the Southern District or uniformly throughout Florida. Second, Plaintiffs argued that they had met the requirements for a preliminary injunction. Third, Plaintiffs argued requiring citizens’ initiative petitions to be filed on February 1 had negative consequences for Plaintiffs’ First Amendment speech and associational rights identical to the negative consequences of deadlines for filing petitions to qualify candidates and parties for the ballot that had been held unconstitutionally early. Fourth, Plaintiffs claimed that Defendant had violated Plaintiffs’ constitutional rights. Fifth, Plaintiffs argued that the Supervisors of Election were not a necessary party because Plaintiffs were not seeking any relief from the Supervisors of Election. Sixth, Plaintiffs alleged Fla. Stat. 100.371(8) was unconstitutional. Seventh, Plaintiffs claimed they would suffer irreparable injury unless an injunction was issued. Eighth, Plaintiffs claimed that the threatened injury to Plaintiffs outweighed any damages an injunction may cause Defendant. Lastly, Plaintiffs claimed that an injunction would advance the public interest. 

On August 12, 2008, the United States District Court for the Southern District of Florida issued its Opinion and Order on Defendant’s Motion to Dismiss, in which it granted Defendant’s motion in part, on the basis of improper venue, and denied without prejudice all other arguments raised in its Motion. The Court denied, without prejudice, Plaintiff’s Motion for Preliminary Injunction in order for the motion to be heard in the proper forum. It then transferred the case to the United States District Court for the Northern District of Florida. All remaining motions were denied as moot. 2008 WL 3540607.

On August 21, 2008, all of the docket entries from the United States District Court for the Southern District of Florida case were docketed in the United States District Court for the Northern District of Florida case. 

On August 29, 2008, the United States District Court for the Northern District of Florida issued its Order Denying Plaintiffs' Motion for Preliminary Injunction and Dismissing the Complaint. The Court stated that (1) there was no federal right to place the initiative at issue on the ballot; (2) that the February 1 deadline did not violate Plaintiffs’ Due Process or Equal Protection rights; (3) that the Secretary of State was not the appropriate Defendant for claims against the Supervisors of Election; and (4) Plaintiffs did not properly allege claims under Fla. Stat. § 100.371(8). Additionally, the Court stated that Plaintiffs had not stated any valid claims for relief against Defendant and had failed to demonstrate a substantial likelihood of success on the merits. Accordingly, the Court denied Plaintiffs’ motion for preliminary injunction and granted Defendant’s motion to dismiss. It dismissed Plaintiffs’ Complaint for failure to state a claim upon which relief may be granted. The dismissal was without prejudice and the Court advised the Plaintiffs that they would have the opportunity to pursue claims they may have against the Supervisors of Elections and the officials responsible for enforcing Fla. Stat. § 100.371(8) in a separate suit. 2008 WL 4081174.

The case was not appealed and is now closed.

Summary Authors

Stephanie Robin (11/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4810207/parties/florida-hometown-democracy-inc-v-browning/


Judge(s)

Mickle, Stephan P. (Florida)

Attorney for Plaintiff

BURNAMAN, ROSS STAFFORD (Florida)

Attorney for Defendant

EMMANUEL, STEPHEN C (Florida)

show all people

Documents in the Clearinghouse

Document
29

4:08-cv-00373

Opinion and Order

Florida Hometown Democr, Et Al V. Browning

U.S. District Court for the Southern District of Florida

Aug. 21, 2008

Aug. 21, 2008

Order/Opinion

2008 WL 2008

8

4:08-cv-00373

Motion for Preliminary Injunction

Florida Hometown Democr, Et Al V. Browning

U.S. District Court for the Southern District of Florida

Aug. 21, 2008

Aug. 21, 2008

Pleading / Motion / Brief
2

4:08-cv-00373

Complaint for Declaratory and Injunctive Relief

Florida Hometown Democr, Et Al V. Browning

U.S. District Court for the Southern District of Florida

Aug. 21, 2008

Aug. 21, 2008

Complaint
18

4:08-cv-00373

Plaintiffs' Reply Memorandum in Support of Motion for Preliminary Injunction

Florida Hometown Democr, Et Al V. Browning

U.S. District Court for the Southern District of Florida

Aug. 21, 2008

Aug. 21, 2008

Pleading / Motion / Brief
15

4:08-cv-00373

Plaintiffs' Memorandum in Opposition to Defendant's Motion to Dismiss

Florida Hometown Democr, Et Al V. Browning

U.S. District Court for the Southern District of Florida

Aug. 21, 2008

Aug. 21, 2008

Pleading / Motion / Brief
7

4:08-cv-00373

Defendant Secretary of State's Motion to Dismiss, or in the Alternative, Motion for More Definite Statement and Supporting Memorandum of Law

Florida Hometown Democr, Et Al V. Browning

U.S. District Court for the Southern District of Florida

Aug. 21, 2008

Aug. 21, 2008

Pleading / Motion / Brief
14

4:08-cv-00373

Defendant's Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction

Florida Hometown Democr, Et Al V. Browning

U.S. District Court for the Southern District of Florida

Aug. 21, 2008

Aug. 21, 2008

Pleading / Motion / Brief
9

4:08-cv-00373

Plaintiffs' Memorandum in Support of Motion for Preliminary Injunction

Florida Hometown Democr, Et Al V. Browning

U.S. District Court for the Southern District of Florida

Aug. 21, 2008

Aug. 21, 2008

Pleading / Motion / Brief
31

4:08-cv-00373

Order Denying Motion for Preliminary Injunction and Dismissing Complaint

Florida Hometown Democr, Et Al V. Browning

Aug. 29, 2008

Aug. 29, 2008

Order/Opinion

2008 WL 2008

33

4:08-cv-00373

Judgment

Florida Hometown Democr, Et Al V. Browning

Sept. 8, 2008

Sept. 8, 2008

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4810207/florida-hometown-democracy-inc-v-browning/

Last updated March 17, 2024, 3 a.m.

ECF Number Description Date Link Date / Link
1

Case transferred in from SOUTHERN District of FLORIDA, WEST PALM BEACH; Case Number 9:08-CV-80636-KAM. Transfer order, Opinion, and docket sheet received. (Attachments: # 1 Exhibit A: Opinion and Order, # 2 Exhibit B: 9-08-cv-80636 Docket Sheet) (kdm) (Entered: 08/21/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
2

COMPLAINT (filed 6/11/08 in SDFL) against KURT BROWNING (Filing fee $350 paid in Southern District of Florida) filed by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW (tss) (Entered: 08/25/2008)

Aug. 21, 2008

Aug. 21, 2008

Clearinghouse
3

Summons Issued (on 6/11/08 in SDFL) as to KURT BROWNING (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
4

NOTICE (filed 6/16/08 in SDFL) of Compliance with Fed.R.Civ.P. 5.1 by Plaintiffs (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
5

SUMMONS (filed 6/20/08 in SDFL) Returned Executed by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW - KURT BROWNING served on 6/13/2008, answer due 7/3/2008 (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
6

NOTICE of Appearance (filed 7/1/08 in SDFL) by STEPHEN C EMMANUEL on behalf of KURT BROWNING (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
7

MOTION (filed 7/3/08 in SDFL) to Dismiss Complaint or in the Alternative, Motion for More Definite Statement and Supporting Memorandum by KURT BROWNING. (Attachments: # 1 Exhibit A) (tss) (Entered: 08/28/2008)

1 Exhibit A

View on RECAP

Aug. 21, 2008

Aug. 21, 2008

Clearinghouse
8

MOTION (filed 7/3/08 in SDFL) for Preliminary Injunction by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW (Attachments: # 1 Appendix, # 2 Affidavit of Gary Sinawski, # 3 Affidavit of Barbara Herrin, # 4 Exhibits F-K, # 5 Exhibits L-O, # 6 Affidavit of Nancy Lee with Exhibits, # 7 Affidavit of Pamela Winchester) (tss) (Entered: 08/28/2008)

1 Appendix

View on RECAP

2 Affidavit Declaration of Gary Sinawski

View on RECAP

3 Affidavit Declaration of Barbara Herrin

View on RECAP

4 Exhibits F-K

View on RECAP

5 Exhibits L-O

View on RECAP

6 Affidavit of Nancy Lee with Exhibits

View on RECAP

7 Affidavit of Pamela Winchester

View on RECAP

Aug. 21, 2008

Aug. 21, 2008

Clearinghouse
9

MEMORANDUM (filed 7/3/08 in SDFL) in Support re 8 MOTION for Preliminary Injunction filed by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW. (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

Clearinghouse
10

REQUEST (filed 7/3/08 in SDFL) for Hearing on Motion for Preliminary Injunction by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW. (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
11

NOTICE (filed 7/3/08 in SDFL) of Conventional Filing of Exhibit J "Spreadsheet" by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
12

NOTICE (posted 7/7/08 in SDFL) of Instruction to Filer by Clerk of Court - see 1 original SDFL docket sheet for specifics (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
13

NOTICE (posted 7/7/08 in SDFL) of Instruction to Filer by Clerk of Court - see 1 original SDFL docket sheet for specifics (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
14

RESPONSE (filed 7/18/08 in SDFL) in Opposition re 8 MOTION for Preliminary Injunction filed by KURT BROWNING (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Affidavit of Jane Bradshaw) (tss) (Entered: 08/28/2008)

1 Exhibit A

View on RECAP

2 Exhibit B

View on RECAP

3 Exhibit C

View on RECAP

4 Affidavit of Jane Bradshaw

View on RECAP

Aug. 21, 2008

Aug. 21, 2008

Clearinghouse
15

RESPONSE (filed 7/21/08 in SDFL) in Opposition re 7 MOTION to Dismiss Complaint filed by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW. (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

Clearinghouse
16

ORDER (filed 7/25/08 in SDFL) SETTING HEARING on Motion for Preliminary Injunction and Motion to Dismiss Complaint - motion hearing set for 8/6/08 at 9:00 a.m. in West Palm Beach Division before Judge Kenneth A. Marra; signed by Judge Kenneth A. Marra on 7/25/08 (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
17

NOTICE (filed 7/28/08 in SDFL) of Compliance with Fed.R.Civ.P. 5.1 - service to Florida Attorney General - by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
18

REPLY to Response to Motion re 8 MOTION for Preliminary Injunction filed by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW. (tss) (Entered: 08/28/2008)

Aug. 21, 2008

Aug. 21, 2008

Clearinghouse
19

NOTICE (filed 7/31/08 in SDFL) of Appearance by LESLEY GUY BLACKNER on behalf of PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW (tss) (Entered: 08/29/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
20

NOTICE (posted 8/1/08 in SDFL) of Instruction to Filer Regarding Pro Hac Vice Motion by Clerk of Court - see 1 original docket from SDFL for more details (tss) (Entered: 08/29/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
21

NOTICE (filed 8/1/08 in SDFL) of Conventional Filing of Declaration of Barbara Herrin Re: Motion for Preliminary Injunction by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW (tss) (Entered: 08/29/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
22

NOTICE (filed 8/1/08 in SDFL)of Filing Declaration of Barbara Herrin with Attachments by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW re MOTION for Preliminary Injunction (Attachments: # 1 Exhibit Part B, # 2 Exhibit Part C, # 3 Exhibit Part D) (tss) (Entered: 08/29/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
23

NOTICE (filed 8/1/08 in SDFL) of Convential Filing by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW (tss) (Entered: 08/29/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
24

NOTICE (filed 8/4/08 in SDFL) of Appearance by STEPHEN C EMMANUEL on behalf of KURT BROWNING (tss) (Entered: 08/29/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
25

NOTICE (filed 8/4/08 in SDFL) of Striking 19 Notice of Appearance (doc 18 on SDFL docket) by PAMELA WINCHESTER, BARBARA HERRIN, SUSAN DUNN, JOHN DUNN, NANCY LEE, JOSEPH FLORIO, FLORIDA HOMETOWN DEMOCRACY INC, JANET STANKO, JOYCE TARNOW (tss) (Entered: 08/29/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
26

MOTION (filed 8/4/08 in SDFL) for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing for Gary Sinawski, Diling Fee $75, Receipt #724562 (tss) (Entered: 08/29/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
27

ENDORSED ORDER (filed 8/5/08 in SDFL) granting 26 MOTION for Limited Appearance, Consent to Designation and Request to Electronically Receive Notices of Electronic Filing for Gary Sinawski signed by Judge Kenneth A. Marra on 8/5/08 (tss) (Entered: 08/29/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
28

MINUTE ENTRY (posted 8/6/08 in SDFL) for proceedings held before Judge Kenneth A. Marra - motion hearing held on 8/6/08 re: Defendant's Motion to Dismiss Complaint and Plaintiffs' Motion for Preliminary Injunction - Court Reporter: Stephen Franklin - phone number 561-514-3768 (tss) (Entered: 08/29/2008)

Aug. 21, 2008

Aug. 21, 2008

PACER
29

OPINION AND ORDER (filed 8/12/08 in SDFL) granting MOTION to Dismiss filed by KURT BROWNING; denying without prejudice MOTION for Preliminary Injunction filed by JOHN DUNN, FLORIDA HOMETOWN DEMOCRACY INC, JOSEPH FLORIO, BARBARA HERRIN, PAMELA WINCHESTER, JOYCE TARNOW, SUSAN DUNN, JANET STANKO, NANCY LEE - the Clerk shall transfer this case to the Northern District of Florida - all pending motions are denied as moot - this case is closed - signed by Judge Kenneth A. Marra on 8/12/08 (tss) (Entered: 08/29/2008)

Aug. 21, 2008

Aug. 21, 2008

Clearinghouse

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE STEPHAN P MICKLE notified that action is needed Re: 1 Case Transferred In - District Transfer and 8 MOTION for Preliminary Injunction - NEW CASE (tss)

Aug. 29, 2008

Aug. 29, 2008

PACER
31

ORDER DENYING re 8 MOTION for Preliminary Injunction filed by JOHN DUNN, FLORIDA HOMETOWN DEMOCRACY INC, JOSEPH FLORIO, BARBARA HERRIN, PAMELA WINCHESTER, JOYCE TARNOW, SUSAN DUNN, JANET STANKO, NANCY LEE. 7 MOTION to Dismiss by The Secretary is GRANTED. Signed by JUDGE STEPHAN P MICKLE on 8/29/2008. (jws) (Entered: 08/29/2008)

Aug. 29, 2008

Aug. 29, 2008

Clearinghouse
32

DOCKET ANNOTATION BY COURT: Original Exhibits received from SDFL-West Palm Beach division and placed on shelf (tss) (Entered: 09/02/2008)

Sept. 2, 2008

Sept. 2, 2008

PACER
33

CLERK'S JUDGMENT re 31 Order. (jws) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

RECAP
33

CLERK'S JUDGMENT re 31 Order. (jws) (Entered: 09/08/2008)

Sept. 8, 2008

Sept. 8, 2008

RECAP
34

CLERK'S AMENDED JUDGMENT re 33 Clerk's Judgment AND 31 Order. (jws) (Entered: 09/09/2008)

Sept. 9, 2008

Sept. 9, 2008

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: June 11, 2008

Closing Date: Sept. 9, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A Florida not for profit organization, a registered political action committee, who was denied its proposed constitutional amendment being placed on the November 4, 2008 ballot.

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Secretary of State for the State of Florida, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Election administration

Voting: General & Misc.