Case: Shen v. Simpson

4:23-cv-00208 | U.S. District Court for the Northern District of Florida

Filed Date: May 22, 2023

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 22, 2023, individual plaintiffs, who were Chinese citizens that resided in Florida and a real estate brokerage firm that principally served Chinese and Chinese American clients, filed this lawsuit in the United States District Court for the Northern District of Florida, represented by the American Civil Liberties Union of Florida (ACLU). They claimed that Florida’s new property law, SB 264, imposed discriminatory prohibitions on the ownership and purchase of real property based on race, …

On May 22, 2023, individual plaintiffs, who were Chinese citizens that resided in Florida and a real estate brokerage firm that principally served Chinese and Chinese American clients, filed this lawsuit in the United States District Court for the Northern District of Florida, represented by the American Civil Liberties Union of Florida (ACLU). They claimed that Florida’s new property law, SB 264, imposed discriminatory prohibitions on the ownership and purchase of real property based on race, ethnicity, alienage, and national origin. For example, permanent residents who were not U.S. citizens and whose “domicile” was in China were prohibited from purchasing property in Florida. A similar but less restrictive rule would apply to people whose permanent home was in Cuba, Venezuela, or other “countries of concern,” including Russia, Iran, North Korea, and Syria.

The plaintiffs sued the state of Florida pursuant to 28 U.S.C. § 1343 and 42 U.S.C. § 1983, alleging: violations of the constitutional rights to equal protection, procedural due process, and the supremacy clause; 42 U.S.C. § 3613 based on alleged violations of the Fair Housing Act; and 42 U.S.C. § 3601 et seq., which prohibits discrimination in real estate transactions. The plaintiffs sought a declaratory judgment that Florida’s law violated the U.S. Constitution and federal statutory law and an injunction to stop the enforcement of the law against them. In addition, the plaintiffs sought reasonable attorneys’ fees and their costs of the lawsuit.

On June 5, 2023, the plaintiffs filed an amended complaint and added additional defendants representing Florida. The next day, the plaintiffs filed an emergency motion for a preliminary injunction, as the law would go into effect in less than a month, on July 1, 2023, and plaintiffs would be forced to lose their homes, register their existing properties with the State under threat of severe penalties, and face the loss of significant business. An amended motion for preliminary injunctive relief was filed on June 7, 2023. The court stayed other deadlines on July 5, 2023, as the parties litigated that motion, and held a motion hearing on July 18, 2023.

On August 17, 2023, the court denied the preliminary injunction. 687 F.Supp.3d 1219. It held that the plaintiffs did not show a substantial likelihood of success on the merits as to any of the alleged claims. As a result, the court did not consider the remaining preliminary injunction factors.

Subsequently, the plaintiffs appealed the decision, on August 21, 2023, to the United States Court of Appeals for the Eleventh Circuit (USCA Case Number 23-12737). The case was assigned to Judges Adalberto Jose Jordan, Kevin Newsom, and Nancy Gbana Abudu. The plaintiffs also filed in the district court an emergency motion for injunction pending appeal. The district court denied that motion on August 23, 2023. It stayed the case pending appeal on September 8, 2023. 

On August 26, 2023, the plaintiffs filed a time sensitive motion for injunction pending appeal in the Eleventh Circuit. 

On February 1, 2024, the Eleventh Circuit granted in part and denied in part the plaintiffs’ emergency motion for a preliminary injunction pending appeal. It held that the plaintiffs showed a substantial likelihood of success on their claim that the Florida law was preempted by federal law. However, it only granted preliminary injunctive relief as to two of the plaintiffs that would face the most imminent risk of irreparable harm. The court explained that oral argument would be heard in April 2024 by the merits panel, which would be better positioned to determine the issues presented on appeal. As of February 9, 2024, the case is ongoing. 

Summary Authors

Venesa Haska (2/9/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/67731884/parties/yifan-shen-v-commissioner-florida-department-of-agriculture/


Judge(s)
Attorney for Plaintiff
Attorney for Defendant

BELL, DANIEL WILLIAM (Florida)

FORRESTER, NATHAN ANDREW (Florida)

Expert/Monitor/Master/Other

CHANG, ROBERT SEUNGCHUL (Florida)

CHIN, GABRIEL J (Florida)

CUISON-VILLAZOR, ROSE (Florida)

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Documents in the Clearinghouse

Document
1

4:23-cv-00208

Complaint

May 22, 2023

May 22, 2023

Complaint
17

4:23-cv-00208

First Amended Complaint

June 5, 2023

June 5, 2023

Complaint
69

4:23-cv-00208

Order Denying Preliminary Injunction Motion

Aug. 17, 2023

Aug. 17, 2023

Order/Opinion

687 F.Supp.3d 1219

90

4:23-cv-00208

USCA Order

U.S. Court of Appeals for the Eleventh Circuit

Feb. 1, 2024

Feb. 1, 2024

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/67731884/yifan-shen-v-commissioner-florida-department-of-agriculture/

Last updated April 5, 2026, 4:19 a.m.

ECF Number Description Date Link Date / Link
1

CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu on 08/21/2023. Fee Status: Fee Paid. Awaiting Appellant's Certificate of Interested Persons due on or before 09/08/2023 as to Appellant Yifan Shen. Awaiting Appellee's Certificate of Interested Persons due on or before 09/22/2023 as to Appellee Commissioner, Florida Department of Agriculture and Consumer Services [Entered: 08/25/2023 05:37 PM]

Aug. 23, 2023

Aug. 23, 2023

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2

APPEARANCE of Counsel Form filed by Ashley Gorski for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Related cases? No. [23-12737] (ECF: Ashley Gorski) [Entered: 08/25/2023 05:51 PM]

Aug. 25, 2023

Aug. 25, 2023

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3

TIME SENSITIVE MOTION for excess words/pages filed by Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Motion is Opposed. [3] [23-12737] (ECF: Ashley Gorski) [Entered: 08/25/2023 10:33 PM]

Aug. 25, 2023

Aug. 25, 2023

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4

TIME SENSITIVE MOTION for injunction pending appeal, to expedite briefing, to expedite oral argument filed by Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Motion is Opposed. [4] [23-12737] (ECF: Ashley Gorski) [Entered: 08/26/2023 12:08 AM]

Aug. 26, 2023

Aug. 26, 2023

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5

APPEARANCE of Counsel Form filed by Nicholas Warren for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Related cases? No. [23-12737] (ECF: Nicholas Warren) [Entered: 08/26/2023 01:13 PM]

Aug. 26, 2023

Aug. 26, 2023

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6

APPEARANCE of Counsel Form filed by Derek L. Shaffer for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Related cases? No. [23-12737] (ECF: Derek Shaffer) [Entered: 08/28/2023 08:53 AM]

Aug. 28, 2023

Aug. 28, 2023

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7

APPEARANCE of Counsel Form filed by Patrick Toomey for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Related cases? No. [23-12737] (ECF: Patrick Toomey) [Entered: 08/28/2023 11:31 AM]

Aug. 28, 2023

Aug. 28, 2023

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8

APPEARANCE of Counsel Form filed by Daniel William Bell for Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. Related cases? No. [23-12737] (ECF: Daniel Bell) [Entered: 08/28/2023 06:02 PM]

Aug. 28, 2023

Aug. 28, 2023

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9

APPEARANCE of Counsel Form filed by Robert Scott Schenck for Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. Related cases? No. [23-12737] (ECF: Robert Schenck) [Entered: 08/28/2023 06:06 PM]

Aug. 28, 2023

Aug. 28, 2023

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10

APPEARANCE of Counsel Form filed by Henry Charles Whitaker for Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. Related cases? No. [23-12737] (ECF: Henry Whitaker) [Entered: 08/28/2023 06:15 PM]

Aug. 28, 2023

Aug. 28, 2023

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11

APPEARANCE of Counsel Form filed by Cody Wofsy for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Related cases? No. [23-12737] (ECF: Cody Wofsy) [Entered: 08/29/2023 10:28 AM]

Aug. 29, 2023

Aug. 29, 2023

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12

APPEARANCE of Counsel Form filed by Noor Zafar for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu Related cases? No. [23-12737] (ECF: Noor Zafar) [Entered: 08/29/2023 10:35 AM]

Aug. 29, 2023

Aug. 29, 2023

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13

APPEARANCE of Counsel Form filed by Omar Jadwat for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Related cases? No. [23-12737] (ECF: Omar Jadwat) [Entered: 08/29/2023 10:40 AM]

Aug. 29, 2023

Aug. 29, 2023

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14

APPEARANCE of Counsel Form filed by Sidra Mahfooz for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu Related cases? No. [23-12737] (ECF: Sidra Mahfooz) [Entered: 08/29/2023 10:43 AM]

Aug. 29, 2023

Aug. 29, 2023

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15

APPEARANCE of Counsel Form filed by Nathan Andrew Forrester for Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. Related cases? No. [23-12737] (ECF: Nathan Forrester) [Entered: 08/29/2023 10:47 AM]

Aug. 29, 2023

Aug. 29, 2023

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16

TIME SENSITIVE MOTION to strike Plaintiffs' Motion for Injunction Pending Appeal filed by Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. Motion is Opposed. [16] [23-12737] (ECF: Henry Whitaker) [Entered: 08/29/2023 02:18 PM]

Aug. 29, 2023

Aug. 29, 2023

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17

RESPONSE to Motion filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu [3] filed by Attorney Henry Charles Whitaker for Appellees Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. [23-12737] (ECF: Henry Whitaker) [Entered: 08/29/2023 02:20 PM]

Aug. 29, 2023

Aug. 29, 2023

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18

APPEARANCE of Counsel Form filed by Keliang Zhu for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Related cases? No. [23-12737] (ECF: Keliang Zhu) [Entered: 08/31/2023 07:43 PM]

Aug. 31, 2023

Aug. 31, 2023

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30

MOTION to appear pro hac vice filed by Attorney Keliang Zhu for Appellants Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC. [30] [Entered: 09/21/2023 03:48 PM]

Aug. 31, 2023

Aug. 31, 2023

32

MOTION to appear pro hac vice filed by Attorney Elizabeth Koo for Appellants Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC. [32] [Entered: 09/21/2023 03:54 PM]

Aug. 31, 2023

Aug. 31, 2023

34

MOTION to appear pro hac vice filed by Attorney Razeen Zaman for Appellants Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC. [34] [Entered: 09/21/2023 03:57 PM]

Aug. 31, 2023

Aug. 31, 2023

19

APPEARANCE of Counsel Form filed by Elizabeth Koo for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Related cases? No. [23-12737] (ECF: Elizabeth Koo) [Entered: 09/01/2023 09:56 AM]

Sept. 1, 2023

Sept. 1, 2023

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20

APPEARANCE of Counsel Form filed by Razeen Zaman for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Related cases? No. [23-12737] (ECF: Razeen Zaman) [Entered: 09/01/2023 10:51 AM]

Sept. 1, 2023

Sept. 1, 2023

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21

TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Keliang Zhu for Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. All necessary transcript(s) are on file. [23-12737] (ECF: Keliang Zhu) [Entered: 09/01/2023 04:19 PM]

Sept. 1, 2023

Sept. 1, 2023

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22

TRANSCRIPT INFORMATION form filed by Attorney Keliang Zhu for Appellants Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC. All necessary transcript(s) are on file. [Entered: 09/05/2023 01:58 PM]

Sept. 5, 2023

Sept. 5, 2023

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23

Briefing Notice issued to Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. The appellant's brief is due on or before 10/02/2023. The appendix is due no later than 7 days from the filing of the appellant's brief. [Entered: 09/05/2023 02:34 PM]

Sept. 5, 2023

Sept. 5, 2023

RECAP
24

Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Ashley Gorski for Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [23-12737] (ECF: Ashley Gorski) [Entered: 09/05/2023 03:13 PM]

Sept. 5, 2023

Sept. 5, 2023

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25

Civil Appeal Statement filed by Attorney Ashley Gorski for Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Related cases? No. [23-12737] (ECF: Ashley Gorski) [Entered: 09/05/2023 04:49 PM]

Sept. 5, 2023

Sept. 5, 2023

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36

MOTION to appear pro hac vice filed by Attorney Bethany Yue Ping Li for Appellants Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC. [36] [Entered: 09/21/2023 04:01 PM]

Sept. 6, 2023

Sept. 6, 2023

29

TRANSCRIPT INFORMATION form filed by Attorney Keliang Zhu for Appellants Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC. All necessary transcript(s) are on file. [Entered: 09/14/2023 04:19 PM]

Sept. 7, 2023

Sept. 7, 2023

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26

APPEARANCE of Counsel Form filed by Daniel Tilley for Appellant Related cases? No. [23-12737] (ECF: Daniel Tilley) [Entered: 09/11/2023 03:44 PM]

Sept. 11, 2023

Sept. 11, 2023

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27

APPEARANCE of Counsel Form filed by Gabriel J. Chin, representing Aoki Center for Critical Race and Nation Studies, University of California, Davis, School of Law, amicus curiae. Gabriel J. Chin for Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Related cases? No. [23-12737] (ECF: Gabriel Chin) [Entered: 09/11/2023 05:37 PM]

Sept. 11, 2023

Sept. 11, 2023

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28

Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Henry Charles Whitaker for Appellees Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [23-12737] (ECF: Henry Whitaker) [Entered: 09/13/2023 03:49 PM]

Sept. 13, 2023

Sept. 13, 2023

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31

ORDER: Motion to appear pro hac vice filed by Keliang Zhu is GRANTED by clerk [30]. [Entered: 09/21/2023 03:50 PM]

Sept. 21, 2023

Sept. 21, 2023

RECAP
33

ORDER: Motion to appear pro hac vice filed by Elizabeth Koo is GRANTED by clerk [32]. [Entered: 09/21/2023 03:55 PM]

Sept. 21, 2023

Sept. 21, 2023

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35

ORDER: Motion to appear pro hac vice filed by Razeen Zaman is GRANTED by clerk [34]. [Entered: 09/21/2023 03:58 PM]

Sept. 21, 2023

Sept. 21, 2023

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37

ORDER: Motion to appear pro hac vice filed by Bethany Yue Ping Li is GRANTED by clerk [36]. [Entered: 09/21/2023 04:03 PM]

Sept. 21, 2023

Sept. 21, 2023

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38

Appellant's brief filed by Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. [23-12737] (ECF: Ashley Gorski) [Entered: 10/02/2023 08:46 PM]

Oct. 2, 2023

Oct. 2, 2023

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39

Appendix filed [Two VOLUMES] by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. [23-12737] (ECF: Ashley Gorski) [Entered: 10/02/2023 08:49 PM]

1 Appellant Appendix Volume I

View on RECAP

2 Appellant Appendix Volume II

View on RECAP

Oct. 2, 2023

Oct. 2, 2023

40

Received 4 paper copies of EBrief, filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. [Entered: 10/04/2023 02:31 PM]

Oct. 4, 2023

Oct. 4, 2023

41

Received paper copies of EAppendix filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. 2 VOLUMES - 2 COPIES [Entered: 10/04/2023 02:32 PM]

Oct. 4, 2023

Oct. 4, 2023

42

APPEARANCE of Counsel Form filed by Robert Seungchul Chang for Fred T. Korematsu Center for Law and Equality Related cases? No. [23-12737] (ECF: Robert Chang) [Entered: 10/06/2023 02:05 PM]

Oct. 6, 2023

Oct. 6, 2023

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43

APPEARANCE of Counsel Form filed by Madeleine Rodriguez for Amici Curiae Fred T. Korematsu Center for Law and Equality at Seattle University School of Law; Center for Immigration Law, Policy and Justice at Rutgers Law School; et al. Related cases? No. [23-12737] (ECF: Madeleine Rodriguez) [Entered: 10/10/2023 12:41 PM]

Oct. 10, 2023

Oct. 10, 2023

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44

MOTION to file amicus brief pursuant to FRAP 29(a) filed by Madeleine Rodriguez for Amici Curiae Fred T. Korematsu Center for Law and Equality at Seattle University School of Law; Center for Immigration Law, Policy and Justice at Rutgers Law School; et al.. [44] [23-12737] (ECF: Madeleine Rodriguez) [Entered: 10/10/2023 04:16 PM]

Oct. 10, 2023

Oct. 10, 2023

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54

Received 4 paper copies of EBrief, filed by Madeleine Rodriguez for Amici Curiae Fred T. Korematsu Center for Law and Equality at Seattle University School of Law;Center for Immigration Law, Policy and Justice at Rutgers Law School; et al. [Entered: 12/14/2023 10:19 AM]

Oct. 10, 2023

Oct. 10, 2023

45

ORDER: Motion to file excess words/pages filed by Appellants Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC is GRANTED. [3]; Motion to strike filed by Appellees Commissioner, Florida Department of Agriculture and Consumer Services, Secretary, Florida Department of Economic Opportunity and Chair, Florida Real Estate Commission is DENIED. [16]; Motion for injunction pending appeal filed by Appellants Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC is HELD in abeyance. [4]; Motion to expedite briefing filed by Appellants Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC is HELD in abeyance. [4]; Appellees are DIRECTED to file their response to the motion within 14 days after the date of this order.. ENTERED FOR THE COURT - BY DIRECTION. (See attached order for complete text) [Entered: 10/16/2023 04:30 PM]

Oct. 16, 2023

Oct. 16, 2023

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46

RESPONSE to Motion filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu [4], Motion filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu [4], Motion filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu [4] filed by Attorney Henry Charles Whitaker for Appellees Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. [23-12737] (ECF: Henry Whitaker) [Entered: 10/30/2023 11:50 PM]

Oct. 30, 2023

Oct. 30, 2023

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47

Appellee's Brief filed by Appellees Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. [23-12737] (ECF: Henry Whitaker) [Entered: 11/01/2023 11:15 PM]

Nov. 1, 2023

Nov. 1, 2023

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48

REPLY to RESPONSE to Motion for injunction pending appeal [4], Motion to expedite briefing [4], Motion to expedite oral argument [4] filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. [23-12737] (ECF: Ashley Gorski) [Entered: 11/02/2023 12:36 PM]

Nov. 2, 2023

Nov. 2, 2023

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49

Received 7 paper copies of EBrief, filed by Appellees Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. [Entered: 11/03/2023 03:29 PM]

Nov. 3, 2023

Nov. 3, 2023

50

ORDER: The “Motion for Leave to File Brief of Amici Curiae in Support of Plaintiffs-Appellants by Racial Justice Centers, Affini-ty Bar and Professional Associations, and Civil Rights Advocacy Organizations” is GRANTED.. [44] JP (See attached order for complete text) [Entered: 11/09/2023 03:42 PM]

Nov. 9, 2023

Nov. 9, 2023

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51

Reply Brief filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. [23-12737] (ECF: Ashley Gorski) [Entered: 11/16/2023 04:09 PM]

Nov. 16, 2023

Nov. 16, 2023

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52

Received 4 paper copies of EBrief, filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. [Entered: 11/21/2023 09:36 AM]

Nov. 17, 2023

Nov. 17, 2023

53

Notice to the Court Concerning Plaintiff-Appellant Zhiming Xu filed by Attorney Ashley Gorski for Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. [23-12737] (ECF: Ashley Gorski) [Entered: 11/27/2023 04:31 PM]

Nov. 27, 2023

Nov. 27, 2023

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55

Notice to the Court concerning Plaintiff Yifan Shen filed by Attorney Ashley Gorski for Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. [23-12737] (ECF: Ashley Gorski) [Entered: 12/21/2023 09:06 AM]

Dec. 21, 2023

Dec. 21, 2023

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56

ORDER: The motion to expedite the appeal is GRANTED as follows. The Clerk’s Office is DIRECTED to expedite this appeal for merits disposition purposes and place this case on the next oral argument calendar with a vacancy. [4].;[4]. AJ, KCN and NGA (See attached order for complete text) [Entered: 01/17/2024 03:39 PM]

Jan. 17, 2024

Jan. 17, 2024

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57

Assigned to tentative calendar number 14 in Miami during the week of April 15, 2024. You must file an additional one identical paper copy of the brief and three identical paper copies of the appendix within seven days of the date of this notice. [Entered: 01/18/2024 08:50 AM]

Jan. 18, 2024

Jan. 18, 2024

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58

Additional copies of Appellant's Brief, Appendix and Reply Brief received from Ashley Gorski for Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC and forwarded to the record room. [Entered: 01/23/2024 11:19 AM]

Jan. 23, 2024

Jan. 23, 2024

60

Additional copies of Amicus Brief received from Madeleine Kristine Rodriguez for Fred T. Korematsu Center for Law and Equality at Seattle University School of Law;Center for Immigration Law, Policy and Justice at Rutgers Law School; et al. and forwarded to the record room. [Entered: 02/07/2024 10:11 AM]

Jan. 26, 2024

Jan. 26, 2024

59

ORDER: Motion for preliminary injunction pending appeal filed by Appellants Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC is GRANTED in part and DENIED in part. [4] AJ, KCN and NGA; ABUDU concurring (See attached order for complete text) [Entered: 02/01/2024 04:30 PM]

Feb. 1, 2024

Feb. 1, 2024

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61

Calendar issued as to cases to be orally argued the week of 04/15/2024 in Miami, Florida. Counsel are directed to electronically acknowledge receipt of this calendar by docketing the Calendar Receipt Acknowledged event in ECF (a document upload is not required). [Entered: 02/23/2024 10:42 AM]

Feb. 23, 2024

Feb. 23, 2024

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62

Attorney Ashley Gorski for Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu hereby acknowledges receipt of a copy of the printed calendar for 04/19/2024. Ashley Gorski, 212-284-7305 will present argument. [23-12737] (ECF: Ashley Gorski) [Entered: 02/23/2024 10:57 AM]

Feb. 23, 2024

Feb. 23, 2024

63

Oral argument scheduled. Argument Date: Friday, 04/19/2024 Argument Location: Miami, FL. [Entered: 02/23/2024 01:00 PM]

Feb. 23, 2024

Feb. 23, 2024

64

Attorney Henry Charles Whitaker for Appellees Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity hereby acknowledges receipt of a copy of the printed calendar for 04/19/2024. Daniel William Bell - (850) 414-3300 will present argument. [23-12737] (ECF: Henry Whitaker) [Entered: 02/28/2024 04:59 PM]

Feb. 28, 2024

Feb. 28, 2024

65

Supplemental Authority filed by Appellees Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. [23-12737] (ECF: Henry Whitaker) [Entered: 03/11/2024 05:12 PM]

March 11, 2024

March 11, 2024

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66

Response to Supplemental Authority (28J) filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. [23-12737] (ECF: Ashley Gorski) [Entered: 03/13/2024 04:20 PM]

March 13, 2024

March 13, 2024

RECAP
67

Oral argument held this date. Oral Argument presented by Ashley Gorski for Appellants Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu and Multi-Choice Realty LLC and Nathan Andrew Forrester for Appellees Commissioner, Florida Department of Agriculture and Consumer Services, Secretary, Florida Department of Economic Opportunity and Chair, Florida Real Estate Commission. [Entered: 04/19/2024 11:51 AM]

April 19, 2024

April 19, 2024

68

Supplemental Authority filed by Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. [23-12737] (ECF: Ashley Gorski) [Entered: 05/15/2024 09:55 PM]

May 15, 2024

May 15, 2024

RECAP
69

MOTION to withdraw as counsel filed by Attorney Henry Charles Whitaker for Appellees Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. Opposition to Motion is Unknown [69] [23-12737] (ECF: Henry Whitaker) [Entered: 01/16/2025 03:48 PM]

Jan. 16, 2025

Jan. 16, 2025

RECAP
70

ORDER: Henry C. Whitaker's motion to withdraw as counsel for the Appellees is GRANTED. [69] ENTERED FOR THE COURT - BY DIRECTION.

Jan. 17, 2025

Jan. 17, 2025

RECAP
71

MOTION to withdraw as counsel filed by Attorney Daniel William Bell for Appellees Chair, Florida Real Estate Commission, Commissioner, Florida Department of Agriculture and Consumer Services and Secretary, Florida Department of Economic Opportunity. Opposition to Motion is Unknown [71] [23-12737] (ECF: Daniel Bell)

Jan. 31, 2025

Jan. 31, 2025

RECAP
72

ORDER: Daniel William Bell’s motion to withdraw as counsel for the Appellees is GRANTED. [71] ENTERED FOR THE COURT - BY DIRECTION. [Entered: 02/04/2025 10:57 AM]

Feb. 4, 2025

Feb. 4, 2025

RECAP
73

APPEARANCE of Counsel Form filed by Justin Sadowsky for Yifan Shen, Zhiming Xu, Xinxi Wang, Yongxin Liu, and Multi-Choice Realty LLC Related cases? No. [23-12737] (ECF: Justin Sadowsky) [Entered: 05/06/2025 12:57 PM]

May 6, 2025

May 6, 2025

RECAP
74

Opinion issued by court as to Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Decision: Affirmed in part, Reversed and Remanded in part. Opinion type: Published. Opinion method: Signed. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions. [Entered: 11/04/2025 09:20 AM]

Nov. 4, 2025

Nov. 4, 2025

RECAP
75

Judgment entered as to Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. [Entered: 11/04/2025 09:27 AM]

Nov. 4, 2025

Nov. 4, 2025

RECAP

Opinion issued by court as to Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu. Decision: Affirmed in part, Reversed and Remanded in part. Opinion type: Published. Opinion method: Signed. The opinion is also available through the Court's Opinions page at this link http://www.ca11.uscourts.gov/opinions.

Nov. 4, 2025

Nov. 4, 2025

76

Mandate issued as to Appellants Yongxin Liu, Multi-Choice Realty LLC, Yifan Shen, Xinxi Wang and Zhiming Xu.

Dec. 9, 2025

Dec. 9, 2025

Case Details

State / Territory:

Florida

Case Type(s):

Fair Housing/Lending/Insurance

Immigration and/or the Border

Key Dates

Filing Date: May 22, 2023

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Individual plaintiffs, who were Chinese citizens that resided in Florida, and a real estate brokerage firm that principally served Chinese and Chinese American clients.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

ACLU National (all projects)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Florida

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Supremacy Clause

Other Dockets:

Northern District of Florida 4:23-cv-00208

U.S. Court of Appeals for the Eleventh Circuit 23-12737

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Preliminary relief granted

State Statute Struck Down

Issues

Discrimination Area:

Housing Sales/Rental

Discrimination Basis:

Immigration status

National origin discrimination

Race discrimination

Affected National Origin/Ethnicity(s):

Other

Affected Race(s):

Asian/Pacific Islander

Immigration/Border:

Constitutional rights

Recommended Citation