Case: HM Florida-ORL, LLC v. DeSantis

HM Florida-ORL, LLC v. the State of Florida

HM Florida-ORL, LLC v. Griffin

HM Florida-ORL, LLC v. Griffin

U.S. Court of Appeals for the Eleventh Circuit

Griffin v. HM Florida-ORL, LLC

Supreme Court of the United States

COMPLAINT Verified Complaint for Injunctive Relief (Filing fee $402 receipt number AFLMDC-20862457) filed by HM Florida-ORL, LLC. (Attachments: # (1) Supplement Motion for Temporary Restraining Order and Preliminary Injunction with Incorporated Memorandum of Law, # (2) Civil Cover Sheet, # (3) Proposed Summons, # (4) Proposed Summons, # (5) Proposed Summons)(Israel, Gary) Modified on 5/24/2023 to edit docket text (BCB). Modified on 5/24/2023 to edit docket text (BCB).

1 Supplement Motion for Temporary Restraining Order and Preliminary Injunction

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2 Civil Cover Sheet

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3 Proposed Summons

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4 Proposed Summons

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5 Proposed Summons

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NEW CASE ASSIGNED to Judge Gregory A. Presnell and Magistrate Judge Leslie Hoffman Price. New case number: 6:23-cv-950-GAP-LHP. (ARC)

Case Assigned/Reassigned

INITIAL CASE ORDER. Certificate of interested persons and corporate disclosure statement and Notice of Pendency of Other Actions due within 14 days. Signed by Judge Gregory A. Presnell on 5/23/2023. (AKC)

NOTICE of a related action per Local Rule 1.07(c) by HM Florida-ORL, LLC. Related case(s): No. Modified on 5/24/2023 to edit docket text (BCB).

CERTIFICATE of interested persons and corporate disclosure statement by HM Florida-ORL, LLC. (Israel, Gary) Modified on 5/24/2023 to edit docket text (BCB).

MOTION for Temporary Restraining Order and Preliminary Injunction with Incorporated Memorandum of Law by HM Florida-ORL, LLC. (filed initially on 5/22/23)(AKC) Modified on 5/24/2023 to edit docket text (BCB).

ORDER Setting Hearing on Motion [6] MOTION for Temporary Restraining Order : Motion Hearing set for 6/6/2023 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Defendants shall file their written response to the motion by 6/2/23. Signed by Judge Gregory A. Presnell on 5/23/2023. (AKC) (AKC).

CORPORATE Disclosure Statement by HM Florida-ORL, LLC. (Israel, Gary) Modified on 5/24/2023 to edit docket text (BCB).

SUMMONS issued as to Ron DeSantis, Melanie Griffin, State of Florida. (BCB)

First MOTION for Brice M. Timmons to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20876633 for $150 by HM Florida-ORL, LLC. (Israel, Gary) Motions referred to Magistrate Judge Leslie Hoffman Price.

Notice to Counsel of Local Rule

First MOTION for Melissa J. Stewart to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20876662 for $150 by HM Florida-ORL, LLC. (Israel, Gary) Motions referred to Magistrate Judge Leslie Hoffman Price.

NOTICE TO COUNSEL Gary Steven Israel, Brice M. Timmons, Melissa J. Stewart of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (BCB)

ORDER granting [10] Motion to Appear Pro Hac Vice; granting [11] Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Leslie Hoffman Price on 5/26/2023. (MKH)

NOTICE of Lead Counsel Designation by Gary Steven Israel on behalf of HM Florida-ORL, LLC. Lead Counsel: Brice Timmons. (Israel, Gary)

NOTICE of Lead Counsel Designation by Brice Moffatt Timmons on behalf of HM Florida-ORL, LLC. Lead Counsel: Brice M. Timmons. (Timmons, Brice)

First MOTION for GARY S. ISRAEL to appear telephonically to appear virtually for June 6, 2023 Hearing by HM Florida-ORL, LLC. (Israel, Gary) Motions referred to Magistrate Judge Leslie Hoffman Price.

RETURN of service executed on May 25, 2023 by HM Florida-ORL, LLC as to Ron DeSantis. (Israel, Gary)

RETURN of service executed on May 25, 2023 by HM Florida-ORL, LLC as to Melanie Griffin. (Israel, Gary)

RETURN of service executed on May 25, 2023 by HM Florida-ORL, LLC as to State of Florida. (Israel, Gary)

ENDORSED ORDER granting [16] Motion to Appear Telephonically provided that Plaintiff will be represented in person at the hearing by lead counsel. Counsel may appear telephonically by calling 1-888-251-2909,a few minutes prior and wait for the host to start the call. The court will email to counsel the access code and password by separate email. Signed by Judge Gregory A. Presnell on 6/1/2023. (AKC) Modified on 6/1/2023 (AKC).

Order on Motion to Appear Telephonically

RESPONSE in Opposition re [6] MOTION for Temporary Restraining Order filed by Ron DeSantis, Melanie Griffin, State of Florida. (Attachments: # (1) Exhibit Protection of Children Act, # (2) Exhibit Declaration of Daniel Brackett, # (3) Exhibit Administrative Complaint R House, # (4) Exhibit Administrative Complaint Miami Hyatt, # (5) Exhibit Administrative Complaint Orlando Philharmonic)(Forrester, Nathan)

1 Exhibit Protection of Children Act

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2 Exhibit Declaration of Daniel Brackett

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3 Exhibit Administrative Complaint R House

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4 Exhibit Administrative Complaint Miami Hyatt

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5 Exhibit Administrative Complaint Orlando Philharmonic

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CORPORATE Disclosure Statement by Ron DeSantis, Melanie Griffin, State of Florida. (Forrester, Nathan)

ORDER directing Plaintiff to respond Defendants Motion to Dismiss and Reply to Defendants [21] Response in Opposition to Motion, filed by Ron DeSantis, Melanie Griffin, State of Florida by 6/15/2023. Signed by Judge Gregory A. Presnell on 6/5/2023. (AKC)

NOTICE of supplemental authority Plaintiff's Notice of Filing Supplemental Authority by HM Florida-ORL, LLC. (Attachments: # (1) Exhibit A - Findings of Fact and Conclusions of Law entered by Judge Thomas L. Parker WDTN)(Timmons, Brice) Modified on 6/6/2023 to edit docket text (BCB).

1 Exhibit Exhibit A - Findings of Fact and Conclusions of Law entered by Judge Tho

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Minute Entry. In Person Proceedings held before Judge Gregory A. Presnell: MOTION HEARING held on 6/6/2023 re [6] MOTION for Temporary Restraining Order filed by HM Florida-ORL, LLC. Court Reporter: Koretta Stanford (AKC)

ORDER dismissing Defendants Ron Desantis and the State of Florida as defendants in this action. Clerk is directed to terminate them as defendants. Signed by Judge Gregory A. Presnell on 6/6/2023. (AKC)

NOTICE of Appearance by William H. Stafford on behalf of Melanie Griffin (Stafford, William)

RESPONSE re [21] Response in Opposition to Motion, Plaintiff's Response to Defendants' Motion to Dismiss and Plaintiff's Reply to Defendants' Response to Plaintiff's Motion for Temporary Injunction filed by HM Florida-ORL, LLC. (Timmons, Brice)

ORDER granting Plaintiff's [6] Motion for Preliminary Injunction and denying Defendant's [21] Motion to Dismiss. Signed by Judge Gregory A. Presnell on 6/23/2023. (BTM)

AMENDED ORDER granting Plaintiff's [6] Motion for Preliminary Injunction and denying Defendant's [21] Motion to Dismiss. Signed by Judge Gregory A. Presnell on 6/24/2023. (BTM)

NOTICE OF INTERLOCUTORY APPEAL as to [30] Order by Melanie Griffin. Filing fee $ 505, receipt number AFLMDC-20986368. (Forrester, Nathan) Modified text on 6/28/2023 (JK).

TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re [31] Notice of Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (JK)

MOTION to Stay re [29] Order on Motion for Temporary Restraining Order Motion for partial stay pending appeal of Preliminary Injunction by Melanie Griffin. (Forrester, Nathan)

ENDORSED ORDER directing HM Florida-ORL, LLC to respond to [33] MOTION to Stay re [29] Order on Motion for Preliminary Injunction. Responses due by 7/10/2023 Signed by Judge Gregory A. Presnell on 6/29/2023. (BTM)

Order directing response to motion

ANSWER to [1] Complaint by Melanie Griffin.(Forrester, Nathan)

RESPONSE in Opposition re [33] MOTION to Stay re [29] Order on Motion for Temporary Restraining Order Motion for partial stay pending appeal of Preliminary Injunction Plaintiff's Response in Opposition to Defendant's Motion for a Partial Stay Pending Appeal of Preliminary Injunction filed by HM Florida-ORL, LLC. (Timmons, Brice)

TRANSCRIPT information form filed by Melanie Griffin for proceedings held on June 6, 2023 before Judge Presnell re [31] Notice of Appeal. USCA number: 23-12160. Electronic notification sent to Court Reporter Koretta Stanford (Forrester, Nathan)

CASE MANAGEMENT REPORT. (Timmons, Brice)

MOTION to Stay Proceedings in District Court by Melanie Griffin. (Forrester, Nathan)

COURT REPORTER ACKNOWLEDGMENT by Koretta Stanford re [31] Notice of Appeal. Estimated transcript filing date: 08/14/23. USCA number: 23-12160. (KES)

ORDER denying Defendant's [33] Motion for Partial Stay Pending Appeal. Signed by Judge Gregory A. Presnell on 7/19/2023. (BTM)

CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 8/11/2023 Joinder of Parties due by 8/11/2023 Discovery due by 12/1/2023 Dispositive motions due by 1/2/2024 Pretrial statement due by 4/11/2024 All other motions due by 4/29/2024 Plaintiff disclosure of expert report due by 9/15/2023 Defendant disclosure of expert report due by 10/16/2023 Final Pretrial Conference set for 5/2/2024 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell Bench Trial set for the trial term which commences on 6/3/2024 at 09:00 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. No mediation is required. Signed by Judge Gregory A. Presnell on 7/21/2023. (AKC)

STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (MKH)

ORDER denying Defendant's [39] Motion to Stay. Signed by Judge Gregory A. Presnell on 8/2/2023. (BTM)

First MOTION to Amend [1] Complaint Plaintiff's Motion to Amend Complaint by HM Florida-ORL, LLC. (Attachments: # (1) Exhibit Plaintiff's First Amended Complaint)(Stewart, Melissa)

1 Exhibit Plaintiff's First Amended Complaint

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ORDER denying without prejudice [45] Motion to Amend Complaint for failure to comply with Local Rule 3.01(g). Signed by Judge Gregory A. Presnell on 8/14/2023. (AKC)

TRANSCRIPT of Motion Hearing held on 060623 before Judge Gregory A. Presnell re [31] Notice of Appeal. Court Reporter/Transcriber: Koretta Stanford. Email address: courtreporterstanford@gmail.com. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/5/2023. Redacted Transcript Deadline set for 9/15/2023. Release of Transcript Restriction set for 11/13/2023. (KES)

NOTIFICATION that transcript has been filed by Koretta Stanford re: [31] Notice of Appeal. USCA number: 23-12160. (KES)

Second MOTION to Amend [1] Complaint Plaintiff's Partially Opposed Motion to Amend Complaint by HM Florida-ORL, LLC. (Attachments: # (1) Exhibit Plaintiff's First Amended Complaint)(Timmons, Brice)

1 Exhibit Plaintiff's First Amended Complaint

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ORDER granting [49] Motion to Amend Complaint. The Clerk is directed to docket the Amended Complaint at Doc. No. [49-1]. Signed by Judge Gregory A. Presnell on 8/16/2023. (AKC)

AMENDED COMPLAINT against Melanie Griffin filed by HM Florida-ORL, LLC.(AKC)

ANSWER to [51] Amended Complaint by Melanie Griffin.(Forrester, Nathan)

MOTION to Modify [42] Case Management Scheduling Order by Melanie Griffin. (Stafford, William)

Set/Reset Scheduling Order Deadlines: Final Pretrial Conference reset for 7/11/2024 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Discovery due by 1/30/2024. Dispositive motions due by 2/29/2024. (AKC)

ORDER granting [53] Motion to Modify Scheduling Order. Signed by Judge Gregory A. Presnell on 11/22/2023. (AKC)

Electronic certificate of readiness

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: 31 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 23-12160 (RN)

NOTICE of Appearance by Bridget O'Hickey on behalf of Melanie Griffin (O'Hickey, Bridget)

MOTION for Summary Judgment by Melanie Griffin. (Attachments: # (1) Exhibit Paonessa Deposition)(Forrester, Nathan)

1 Exhibit Paonessa Deposition

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MILBURN ORDER directing HM Florida-ORL, LLC to respond to [56] MOTION for Summary Judgment . Response due by 4/1/2024. Signed by Judge Gregory A. Presnell on 3/1/2024. (AKC)

Unopposed MOTION for Extension of Time to File Response/Reply to [56] Motion for Summary Judgment by All Plaintiffs. (Stewart, Melissa) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified on 3/28/2024 to edit docket text (AJS).

ORDER granting [58] Plaintiff's Unopposed Motion For Extension Of Time To File Its Response In Opposition To Defendant's Motion For Summary Judgment. The deadline by which Plaintiff shall file its response to Defendant's motion for summary judgment (Doc. No. 56) is extended up to and including April 16, 2024. Signed by Magistrate Judge Leslie Hoffman Price on 3/28/2024. (SFC)

First MOTION for Craig A. Edgington to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21972599 for $150 by HM Florida-ORL, LLC. (Stewart, Melissa) Motions referred to Magistrate Judge Leslie Hoffman Price.

ORDER granting [60] Unopposed Motion For Special Admission Of Attorney Craig A. Edgington. Attorney Craig A. Edgington may specially appear in this case as counsel for Plaintiff. Signed by Magistrate Judge Leslie Hoffman Price on 4/11/2024. (SFC)

RESPONSE in Opposition re [56] MOTION for Summary Judgment filed by HM Florida-ORL, LLC. (Attachments: # (1) Exhibit 1 - Miami Herald Report, # (2) Exhibit 2 - Administrative Complaint Against the Orlando Philharmonic Plaza Foundation, Inc., # (3) Exhibit 3 - Plaintiff's Response to Defendant's Statement of Undisputed Material Facts, # (4) Exhibit 4 - Plaintiff's Statement of Additional Undisputed Material Facts)(Stewart, Melissa) Modified text on 4/17/2024 (BD).

1 Exhibit 1 - Miami Herald Report

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2 Exhibit 2 - Administrative Complaint Against the Orlando Philharmonic Plaza Foun

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3 Exhibit 3 - Plaintiff's Response to Defendant's Statement of Undispute

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4 Exhibit 4 - Plaintiff's Statement of Additional Undisputed Material Facts

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REPLY to Response to Motion re [56] MOTION for Summary Judgment filed by Melanie Griffin. (O'Hickey, Bridget)

Unopposed MOTION to Reopen Discovery by Melanie Griffin. (O'Hickey, Bridget) Motions referred to Magistrate Judge Leslie Hoffman Price. Modified docket text on 5/30/2024 (JOS).

ORDER granting Defendant's Unopposed [64] Motion to Reopen Limited Discovery through June 17, 2024. All deadlines in the Modified Scheduling Order [54] are continued until further notice. Signed by Judge Gregory A. Presnell on 5/30/2024. (BTM)

Withdraw as Attorney

Order on Motion to Withdraw as Attorney

USCA opinion/order

Withdraw as Attorney

Withdraw as Attorney

Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney

Withdraw as Attorney

Withdraw as Attorney

Order on Motion to Withdraw as Attorney AND Order on Motion to Withdraw as Attorney

Notice (Other)

USCA opinion/order

Order to Strike