Case: United States of America v. Town of Lake Park, Flor

9:09-cv-80507 | U.S. District Court for the Southern District of Florida

Filed Date: April 1, 2009

Closed Date: Oct. 26, 2009

Clearinghouse coding complete

Case Summary

A case summary is not yet available via the Clearinghouse.

Summary Authors

Mary Beam (6/25/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5582305/parties/united-states-v-town-of-lake-park-florida/


Judge(s)

Marra, Kenneth A. (Florida)

Attorney for Plaintiff

Adams, J. Christian (Florida)

Harrell-James, Veronica Vanessa (Florida)

Jung, Veronica S. (Florida)

Attorney for Defendant

Grogan, Michael Kevin (Florida)

Documents in the Clearinghouse

Documents in this case
1

9:09-cv-80507

Complaint

United States of America v. Town of Lake Park, Florida

April 1, 2009

April 1, 2009

Complaint
22

9:09-cv-80507

Defendants' Answer and Affirmative Defenses

United States of America v. Town of Lake Park, Florida

June 1, 2009

June 1, 2009

Pleading / Motion / Brief
23

9:09-cv-80507

Defendants' Motion to Dismiss

United States of America v. Town of Lake Park, Florida

June 1, 2009

June 1, 2009

Pleading / Motion / Brief
24

9:09-cv-80507

Amended Complaint

United States of America v. Town of Lake Park, Florida

June 10, 2009

June 10, 2009

Complaint
28

9:09-cv-80507

Defendants' Motion to Dismiss Amended Complaint

United States of America v. Town of Lake Park, Florida

June 22, 2009

June 22, 2009

Complaint
29

9:09-cv-80507

Plaintiff's Response in Opposition to Defendants' Motion to Dismiss Amended Complaint

United States of America v. Town of Lake Park, Florida

July 10, 2009

July 10, 2009

Pleading / Motion / Brief
37

9:09-cv-80507

Order and Opinion On Motion to Dismiss

United States of America v. Town Of Lake park, Flor, Et Al

Oct. 23, 2009

Oct. 23, 2009

Order/Opinion

2009 WL 3667071

39

9:09-cv-80507

Consent Judgment and Decree

United States Of America V. Town Of Lake Park, Flor, Et Al

Oct. 26, 2009

Oct. 26, 2009

Order/Opinion

2009 WL 10727593

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5582305/united-states-v-town-of-lake-park-florida/

Last updated Sept. 1, 2026, 5:23 a.m.

Docket for: United States v. Town of Lake Park, Florida
ECF Number Date Description Link
1 March 31, 2009

COMPLAINT against Ed Daly, Desca Dubois, Town of Lake Park, Florida, Patricia Plasket-Osterman, G. Chuck Balius, Jeff Carey, filed by United States of America.(lh) (Entered: 04/01/2009)

Clearinghouse
2 March 31, 2009

Civil Complaint Cover Sheet by United States Attorney (lh) (Entered: 04/01/2009)

RECAP
3 March 31, 2009

Summons Issued as to Ed Daly, Desca Dubois, Town of Lake Park, Florida, Patricia Plasket-Osterman, G. Chuck Balius, Jeff Carey. (lh) (Entered: 04/01/2009)

RECAP
4 April 7, 2009

Order Requiring Counsel to Confer and File Joint Scheduling Report. Signed by Judge Kenneth A. Marra on 4/7/2009. (ir) (Entered: 04/07/2009)

RECAP
5 April 29, 2009

NOTICE by United States of America Filing of Waiver of Service of Summons by Defendant Commissioner Ed Daly (Attachments: # 1 Exhibit Waiver of Service of Summons)(Harrell-James, Veronica) (Entered: 04/29/2009)

RECAP
6 April 29, 2009

NOTICE by United States of America Filing of Waiver of Service of Summons by Defendant Commissioner Jeff Carey (Attachments: # 1 Exhibit Waiver of Service of Summons)(Harrell-James, Veronica) (Entered: 04/29/2009)

RECAP
7 April 29, 2009

NOTICE by United States of America Filing Waiver of Summons by Defendant Mayor Desca Dubois (Attachments: # 1 Exhibit Waiver of Service of Summons)(Harrell-James, Veronica) (Entered: 04/29/2009)

RECAP
8 April 29, 2009

NOTICE by United States of America Filing Waiver of Service of Summons by Defendant Commissioner Patricia Plasket-Osterman (Attachments: # 1 Exhibit Waiver of Service of Summons)(Harrell-James, Veronica) (Entered: 04/29/2009)

RECAP
9 April 29, 2009

NOTICE by United States of America Filing Waiver of Service of Summons by Defendant Town of Lake Park, Florida (Attachments: # 1 Exhibit Waiver of Service of Summons)(Harrell-James, Veronica) (Entered: 04/29/2009)

RECAP
11 April 29, 2009

WAIVER OF SERVICE Returned Executed by United States of America. Ed Daly waiver sent on 4/24/2009, answer due 6/23/2009. (see docket entry 5, Page 2 for image) (tas) (Entered: 04/30/2009)

RECAP
12 April 29, 2009

WAIVER OF SERVICE Returned Executed by United States of America. Jeff Carey waiver sent on 4/24/2009, answer due 6/23/2009. (see docket entry 6, Page 2 for image) (tas) (Entered: 04/30/2009)

RECAP
13 April 29, 2009

WAIVER OF SERVICE Returned Executed by United States of America. Desca Dubois waiver sent on 4/24/2009, answer due 6/23/2009. (see docket entry 7, Page 2 for image) (tas) (Entered: 04/30/2009)

RECAP
14 April 29, 2009

WAIVER OF SERVICE Returned Executed by United States of America. Patricia Plasket-Osterman waiver sent on 4/24/2009, answer due 6/23/2009. (see docket entry 8, page 2 for image) (tas) (Entered: 04/30/2009)

RECAP
15 April 29, 2009

WAIVER OF SERVICE Returned Executed by United States of America. Town of Lake Park, Florida waiver sent on 4/24/2009, answer due 6/23/2009. (see docket entry 9, Page 2 for image) (tas) (Entered: 04/30/2009)

RECAP
10 April 30, 2009

NOTICE of Attorney Appearance by Veronica Vanessa Harrell-James on behalf of United States of America (Harrell-James, Veronica) (Entered: 04/30/2009)

RECAP
16 April 30, 2009

Clerks Notice of Docket Correction and Instruction to Filer re 8 Notice (Other), 5 Notice (Other), 7 Notice (Other), 9 Notice (Other), 6 Notice (Other). Error - Wrong Event Selected; Correction - Redocketed by Clerk as 11 Waiver of Service Executed, 12 Waiver of Service Executed, 13 Waiver of Service Executed, 14 Waiver of Service Executed, 15 Waiver of Service Executed. Instruction to Filer - In the future, please select the proper event. It is not necessary to refile this document. (tas) (Entered: 04/30/2009)

RECAP
17 April 30, 2009

Plaintiff's MOTION to Amend/Correct 1 Complaint by United States of America. Responses due by 5/18/2009 (Jung, Veronica) (Entered: 04/30/2009)

RECAP
18 April 30, 2009

Plaintiff's MOTION to Amend/Correct 1 Complaint by United States of America. Responses due by 5/18/2009 (Attachments: # 1 Memorandum In Support, # 2 Text of Proposed Order) (Jung, Veronica) Modified on 5/4/2009 (ls). (Entered: 04/30/2009)

RECAP
19 May 1, 2009

ORDER denying as moot 17 Motion to Amend/Correct Duplicate motion filed as DE 18.. Signed by Judge Kenneth A. Marra on 05/04/2009. (lc3) (Entered: 05/01/2009)

RECAP
20 May 5, 2009

Notice of Reassignment of Assistant U.S. Attorney by Veronica Vanessa Harrell-James on behalf of United States of America Attorney Jeffrey Henry Sloman terminated. (Harrell-James, Veronica) (Entered: 05/05/2009)

RECAP
21 May 19, 2009

ORDER granting 18 Motion to Amend Complaint. Signed by Judge Kenneth A. Marra on 5/19/2009. (ir) (Entered: 05/19/2009)

RECAP
22 June 1, 2009

ANSWER and Affirmative Defenses to Complaint by Ed Daly, Desca Dubois, Town of Lake Park, Florida, Patricia Plasket-Osterman, G. Chuck Balius, Jeff Carey.(Grogan, Michael) (Entered: 06/01/2009)

Clearinghouse
23 June 1, 2009

MOTION to Dismiss 1 Complaint by Ed Daly, Desca Dubois, Town of Lake Park, Florida, Patricia Plasket-Osterman, G. Chuck Balius, Jeff Carey. Responses due by 6/18/2009 (Attachments: # 1 Text of Proposed Order Proposed Order on)(Grogan, Michael) (Entered: 06/01/2009)

Clearinghouse
24 June 10, 2009

Plaintiff's AMENDED COMPLAINT, filed by United States of America.(Jung, Veronica) (Entered: 06/10/2009)

Clearinghouse
25 June 12, 2009

Clerks Notice of Docket Correction and Instruction to Filer re 24 Amended Complaint filed by United States of America. Error - Parties not added; Correction - Parties added by the Clerk. Instruction to filer - In the future, please select all parties in this event. It is not necessary to refile this document. (ls) (Entered: 06/12/2009)

RECAP
26 June 12, 2009

Summons Issued as to Kendall Rumsey. (mg) (Entered: 06/12/2009)

RECAP
27 June 15, 2009

ENDORSED ORDER denying as moot 23 Motion to Dismiss. Amended complaint filed 6/10/09. See DE 24 . Signed by Judge Kenneth A. Marra on 6/15/2009. (ir) (Entered: 06/15/2009)

RECAP
28 June 22, 2009

MOTION to Dismiss 24 Amended Complaint by Ed Daly, Desca Dubois, Town of Lake Park, Florida, Patricia Plasket-Osterman, Kendall Rumsey, G. Chuck Balius, Jeff Carey. Responses due by 7/10/2009 (Attachments: # 1 Exhibit Exhibit A, # 2 Text of Proposed Order Proposed Order on Motion to Dismiss)(Grogan, Michael) (Entered: 06/22/2009)

Clearinghouse
29 July 10, 2009

RESPONSE in Opposition re 28 MOTION to Dismiss 24 Amended Complaint MOTION to Dismiss 24 Amended Complaint filed by United States of America. (Adams, J.) (Entered: 07/10/2009)

Clearinghouse
30 July 28, 2009

SCHEDULING REPORT - Rule 26(f) by United States of America. (Adams, J.) (Entered: 07/28/2009)

RECAP
31 July 28, 2009

NOTICE by United States of America re 30 SCHEDULING REPORT - Rule 26(f)/16.1 Proposed Scheduling Order (Adams, J.) (Entered: 07/28/2009)

RECAP
32 July 28, 2009

SCHEDULING ORDER: Jury Trial set for 11/8/2010 09:00 AM in West Palm Beach Division before Judge Kenneth A. Marra., Calendar Call set for 11/5/2010 10:00 AM in West Palm Beach Division before Judge Kenneth A. Marra., Amended Pleadings due by 8/28/2009., Discovery due by 5/24/2010., Joinder of Parties due by 8/28/2009., Dispositive Motions due by 7/8/2010. ORDER REFERRING CASE to Magistrate Judge Linnea R. Johnson for Discovery Proceedings, ORDER REFERRING CASE to Mediation. Signed by Judge Kenneth A. Marra on 7/28/2009. (ir) (Entered: 07/28/2009)

RECAP
33 July 29, 2009

Clerks Notice to Filer re 31 Notice (Other). Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - The proposed order was incorrectly docketed as a main document. Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (tas) (Entered: 07/29/2009)

RECAP
34 Aug. 11, 2009

Initial Disclosure(s) Pursuant to Rule 26 of the FRCP by United States of America. (Adams, J.) (Entered: 08/11/2009)

RECAP
35 Aug. 11, 2009

Initial Disclosure(s) by Ed Daly, Desca Dubois, Town of Lake Park, Florida, Patricia Plasket-Osterman, Kendall Rumsey, G. Chuck Balius, Jeff Carey. (Grogan, Michael) (Entered: 08/11/2009)

RECAP
36 Sept. 22, 2009

NOTICE of Mediator Selection: R. William Rutter, Jr. selected.(Jung, Veronica) (Entered: 09/22/2009)

RECAP
37 Oct. 23, 2009

ORDER AND OPINION denying 28 Motion to Dismiss. Signed by Judge Kenneth A. Marra on 10/23/2009. (ir) (Entered: 10/23/2009)

Clearinghouse
38 Oct. 26, 2009

Joint MOTION entry of consent judgment and decree, MOTION to Approve Consent Judgment ( Responses due by 11/12/2009) by United States of America. (Attachments: # 1 Text of Proposed Order Proposed Consent Judgment and Decree)(Adams, J.) (Entered: 10/26/2009)

1 Text of Proposed Order Proposed Consent Judgment and Decree

View on PACER

RECAP
39 Oct. 26, 2009

ORDER granting 38 Motion to Approve Consent Judgment and Decree. This case is CLOSED. Signed by Judge Kenneth A. Marra on 10/26/2009. (ir) (Entered: 10/26/2009)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: April 1, 2009

Closing Date: Oct. 26, 2009

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The United States of America

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Other

Town of Lake Park, Florida (Town of Lake Park, Florida; Commissioners Patricia Plasket-Osterman, Kendall Rumsey, Jeff Carey, and Ed Daly (in their official capacities as members of the Lake Park Town Commission); and Desca Dubois (in her official capacity as Mayor of Lake Park))

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Ex parte Young (federal or state officials)

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Other Dockets:

Southern District of Florida 9:09-cv-80507

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Voting Process Changes

Order Duration: 2009 - 2009

Issues

Voting:

Challenges to at-large/multimember district/election

Election administration

Vote decision rules

Vote dilution

Recommended Citation