Case: Independent Party of Florida v. Lee

COMPLAINT against LAUREL M LEE ( Filing fee $ 400 receipt number AFLNDC-4893869.), filed by THE INDEPENDENT PARTY OF FLORIDA, THE PARTY FOR SOCIALISM AND LIBERATION. (Attachments: # 1 Summons) (TREUDEN, DANIEL) (Entered: 02/24/2020)

1 Summons

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CIVIL COVER SHEET. (TREUDEN, DANIEL) (Entered: 02/24/2020)

MOTION to Appear Pro Hac Vice by Daniel J. Treuden.( Filing fee $ 201 receipt number AFLNDC-4893879.) by THE INDEPENDENT PARTY OF FLORIDA, THE PARTY FOR SOCIALISM AND LIBERATION. (Attachments: # 1 Certificate of Good Standing) (TREUDEN, DANIEL) (Entered: 02/24/2020)

DOCKET ANNOTATION BY COURT: Attorney TREUDEN Re 1 COMPLAINT- Counsel is advised by this entry, for future case openings: Please review the procedures in the "Style Guide for Electronic Case Filing" and/or Chapter 10 of the "CM/ECF Attorney User's Guide", (both available on the clerk's website) SPECIFICALLY IN REGARDS TO PARTIES NAMES INCLUDING "THE". (blb) (Entered: 02/25/2020)

Summons Issued as to LAUREL M LEE. (blb) (Entered: 02/25/2020)

ORDER GRANTING LEAVE TO APPEAR PRO HAC VICE. Daniel J. Treuden moves this Court for leave to appear pro hac vice. ECF No. 3 . He has fulfilled the requirements of this Court's Local Rules to appear in that capacity. Accordingly, the motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 2/25/20. (blb) (Entered: 02/25/2020)

NOTICE of Appearance by ASHLEY E DAVIS on behalf of LAUREL M LEE (DAVIS, ASHLEY) (Entered: 03/09/2020)

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by LAUREL M LEE. (DAVIS, ASHLEY) (Entered: 03/27/2020)

ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE MARTIN A FITZPATRICK for all further proceedings. MAGISTRATE JUDGE CHARLES A STAMPELOS no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 4/3/2020. **Please use the new judge's initials for all future filings: 4:20cv110-MW/MAF. (amm) (Entered: 04/07/2020)

MOTION for Preliminary Injunction by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (Attachments: # 1 Declaration of Richard Winger, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Richard Winger Curriculum Vitae, # 7 Declaration of Ernest Bach, # 8 Declaration of Bryan Ellis) (TREUDEN, DANIEL) (Entered: 04/06/2020)

1 Declaration of Richard Winger

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2 Exhibit A

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3 Exhibit B

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4 Exhibit C

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5 Exhibit D

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6 Richard Winger Curriculum Vitae

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7 Declaration of Ernest Bach

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8 Declaration of Bryan Ellis

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ORDER SETTING CONFERENCE SCHEDULE. TELEPHONIC Scheduling Conference set for 4/13/2020 02:15 PM before CHIEF JUDGE MARK E WALKER. Signed by CHIEF JUDGE MARK E WALKER on 4/7/20. (blb) (Entered: 04/07/2020)

INITIAL SCHEDULING ORDER : Rule 26 Meeting Report due by 5/21/2020. Discovery due by 8/5/2020. Status Report due by 5/7/2020. Signed by CHIEF JUDGE MARK E WALKER on 4/7/20. (blb) (Entered: 04/07/2020)

NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 4/13/2020 02:15 PM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 04/08/2020)

NOTICE of Appearance by BRADLEY ROBERT MCVAY on behalf of LAUREL M LEE (MCVAY, BRADLEY) (Entered: 04/09/2020)

RESPONSE in Opposition re 8 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (TREUDEN, DANIEL) (Entered: 04/10/2020)

ORDER SETTING HEARING AND BRIEFING SCHEDULE ON PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. Plaintiffs have filed a Motion for Preliminary Injunction challenging certain provisions of section 103.021(4), Florida Statues. ECF No. 9 . Defendant shall file her response to Plaintiffs' Motion and any supporting documents on or before 5/22/2020). Plaintiffs may file a reply, if any, to Defendant's response on or before 5/29/2020. The Clerk shall set a TELEPHONIC hearing on Plaintiffs' Motion for Preliminary Injunction for 6/5/2020 09:00 AM. Signed by CHIEF JUDGE MARK E WALKER on 4/13/20. (blb) (Entered: 04/13/2020)

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 4/13/2020. Parties discuss case status and schedule. Ruling by Court: Video teleconference Preliminary Injunction hearing scheduled for 6/5/20 at 9:00 a.m. Counsel to notify Clerk 10 days before the hearing if they can appear in person. Plaintiff's Declarations/expert report or other documents in support due by 4/23/2020. Defendants response/declarations or other documents in opposition due by 5/22/20; Plaintiffs reply due by 5/29/20. Order to follow (Court Reporter Megan Hague). (vkm) (Entered: 04/14/2020)

NOTICE OF TELEPHONIC HEARING RE: 9 MOTION for Preliminary Injunction: Telephonic Motion Hearing set for 6/5/2020 09:00 AM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 04/14/2020)

Corporate Disclosure Statement/Certificate of Interested Persons by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (TREUDEN, DANIEL) (Entered: 04/20/2020)

NOTICE of Filing of Additional Evidence in Support of Motion for Preliminary Injunction by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION re 9 MOTION for Preliminary Injunction (Attachments: # 1 Supplemental Declaration of Richard Winger, # 2 Corrected Declaration of Ernest Wm. Bach) (TREUDEN, DANIEL) (Entered: 04/23/2020)

1 Supplemental Declaration of Richard Winger

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2 Corrected Declaration of Ernest Wm. Bach

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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 17 Scheduling Conference Deadline. Plaintiff's Declarations/expert report or other documents in support was due by 4/23/2020. (blb)

ORDER REQUIRING SUPPLEMENTAL BRIEFING. Plaintiffs are ordered to file a supplemental brief that addresses the issue of whether, in light of Jacobson, they have standing. Plaintiffs' brief must specifically address the issue of whether their injury is traceable and redressable by Defendant. Plaintiffs shall file their brief on or before 5/11/2020. Defendant shall file a response on or before 5/21/2020. Signed by CHIEF JUDGE MARK E WALKER on 4/30/20. (blb) (Entered: 04/30/2020)

STATUS REPORT Regarding Discovery by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (TREUDEN, DANIEL) (Entered: 05/07/2020)

Set/Reset Deadlines: Status Report due by 6/8/2020. (blb)

MEMORANDUM in Support re 9 MOTION for Preliminary Injunction Supplemental Brief filed Pursuant to Court's April 30, 2020 Order filed by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (TREUDEN, DANIEL) (Entered: 05/11/2020)

RULE 26 Disclosures by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (TREUDEN, DANIEL) (Entered: 05/11/2020)

RULE 26 Disclosures by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (TREUDEN, DANIEL) (Entered: 05/11/2020)

RULE 26 Disclosures by LAUREL M LEE. (DAVIS, ASHLEY) (Entered: 05/11/2020)

REPORT of Rule 26(f) Planning Meeting. (TREUDEN, DANIEL) (Entered: 05/11/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 27 Report of Rule 26(f) Planning Meeting (blb)

SCHEDULING ORDER Re: 27 Report of Rule 26(f) Planning Meeting : Discovery due by 10/15/2020. Dispositive Motions to be filed by 11/16/2020. Bench Trial set for 3/15/2021 08:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. Signed by CHIEF JUDGE MARK E WALKER on 5/12/20. (blb) (Entered: 05/12/2020)

SUPPLEMENTAL BRIEF ON STANDING by LAUREL M LEE re 21 Order . (DAVIS, ASHLEY) Modified Title on 5/22/2020 (blb). (Entered: 05/21/2020)

ORDER ACKNOWLEDING SUPPLEMENTAL BRIEFING. Signed by CHIEF JUDGE MARK E WALKER on 5/22/20. (blb) (Entered: 05/22/2020)

NOTICE of Appearance by COLLEEN E O'BRIEN on behalf of LAUREL M LEE (O'BRIEN, COLLEEN) (Entered: 05/22/2020)

NOTICE OF TELEPHONIC HEARING RE: 9 MOTION for Preliminary Injunction: Telephonic Motion Hearing set for 6/5/2020 09:00 AM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 05/22/2020)

Judicial Notice by LAUREL M LEE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit) (DAVIS, ASHLEY) (Entered: 05/22/2020)

RESPONSE in Opposition re 9 MOTION for Preliminary Injunction filed by LAUREL M LEE. (Attachments: # 1 Exhibit) (DAVIS, ASHLEY) (Entered: 05/22/2020)

1 Exhibit

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REPLY to Response to Motion re 9 MOTION for Preliminary Injunction filed by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (Attachments: # 1 Declaration of Richard Winger, # 2 Declaration of Ernest Bach, # 3 Declaration of Bryan Ellis, # 4 Exhibit A, # 5 Exhibit B) (TREUDEN, DANIEL) (Entered: 05/29/2020)

1 Declaration of Richard Winger

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2 Declaration of Ernest Bach

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3 Declaration of Bryan Ellis

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4 Exhibit A

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5 Exhibit B

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Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Motion Hearing held on 6/5/2020 re 9 MOTION for Preliminary Injunction. Court hears argument from both sides. Order to follow (Court Reporter Megan Hague). (vkm) (Entered: 06/05/2020)

ORDER DENYING DEFENDANT'S MOTION TO DISMISS 8 . Signed by CHIEF JUDGE MARK E WALKER on 6/8/20. (blb) (Entered: 06/08/2020)

STATUS REPORT Joint Status Report Regarding Discovery by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (TREUDEN, DANIEL) (Entered: 06/08/2020)

ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION. Plaintiffs' Motion for Preliminary Injunction, ECF No. 9, is therefore DENIED. Signed by CHIEF JUDGE MARK E WALKER on 6/8/2020. (kjw) (Entered: 06/08/2020)

NOTICE OF APPEAL as to 39 Order on Motion for Preliminary Injunction by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. ( Filing fee $505 Receipt Number AFLNDC-5318888.) Certificate of Readiness (FRAP 11) due by 6/22/2020. Transcript due by 6/22/2020. (TREUDEN, DANIEL) (Entered: 06/08/2020)

Set/Reset Deadlines: Status Report due by 7/9/2020. (blb)

Appeal Instructions re: 40 Notice of Appeal, : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 6/23/2020. (blb) (Entered: 06/09/2020)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 40 Notice of Appeal. (blb) (Entered: 06/09/2020)

Set Deadlines re 40 Notice of Appeal : Clerk to check status of Appeal on 9/9/2020. Certificate of Readiness (FRAP 11) due by 6/23/2020. (blb)

TRANSCRIPT REQUEST by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION for proceedings held on June 5, 2020 before Judge Mark E. Walker, re 40 Notice of Appeal, Court Reporter:Megan Hague Transcript due by 6/23/2020. (Attachments: # 1 Certificate of Service) (TREUDEN, DANIEL) (Entered: 06/09/2020)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of telephonic preliminary injunction Proceedings held on 6/5/2020, before Judge Mark E. Walker. Court Reporter/Transcriber Megan A. Hague, Telephone number 850-422-0011. 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. Redaction Request due 6/17/2020. Release of Transcript Restriction set for 9/15/2020. (mah) (Entered: 06/10/2020)

TRANSCRIPT Acknowledgment - Part II re 40 Notice of Appeal, Court Reporter:Megan A. Hague Transcript due by 6/10/2020. (mah) (Entered: 06/10/2020)

NOTICE of Filing Transcript (Part III) by Court Reporter in District Court - re: 40 Notice of Appeal, 45 Transcript Acknowledgment - Part II, 43 Transcript Request Appeal Part I, Court Reporter: Megan A. Hague Certificate of Readiness (FRAP 11) due by 6/10/2020. (mah) (Entered: 06/10/2020)

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 40 Notice of Appeal. The entire record on appeal is available electronically. USCA # 20-12107-CC. (blb) Modified To include USCA # on 6/26/2020 (blb). (Entered: 06/11/2020)

USCA PROCEDURAL LETTER re: 40 NOTICE OF APPEAL by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. USCA Appeal # 20-12107-CC (blb) (Entered: 06/26/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: Status Report due by 7/9/2020. None filed. (blb)

STATUS REPORT Joint Status Report Regarding Discovery by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (TREUDEN, DANIEL) (Entered: 07/15/2020)

Set/Reset Deadlines: Status Report due by 8/16/2020. (blb)

USCA Opinion as to 40 Notice of Appeal, filed by PARTY FOR SOCIALISM AND LIBERATION, INDEPENDENT PARTY OF FLORIDA. USCA # 20-12107. (blb) (Entered: 08/04/2020)

SUPPLEMENTAL ORDER. The parties are ordered to confer and after conferral notify this Court whether (1) they intend to move forward with this case as scheduled and argue that the case is not moot because it is capable of repetition, yet evading review; or (2) they intend to move forward with the case without discovery or without utilizing the entire discovery period, and wish to reset the bench trial, currently set for March 15, 2021, on an expedited basis. The parties shall file the notification on or before 8/14/2020. Signed by CHIEF JUDGE MARK E WALKER on 8/10/20. (blb) (Entered: 08/10/2020)

JOINT RESPONSE TO COURT'S ORDER DATED AUGUST 10, 2020 by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION . (TREUDEN, DANIEL) Modified Title on 8/17/2020 (blb). (Entered: 08/14/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: Status Report due by 8/16/2020. None filed. (blb)

STATUS REPORT Joint Status Report Regarding Discovery by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (TREUDEN, DANIEL) (Entered: 08/27/2020)

Set/Reset Deadlines: Status Report due by 9/28/2020. (blb)

USCA JUDGMENT IN LIEU OF MANDATE as to 40 Notice of Appeal, filed by PARTY FOR SOCIALISM AND LIBERATION, INDEPENDENT PARTY OF FLORIDA. USCA #20-12107-CC (blb) (Entered: 09/18/2020)

ORDER FOR PRETRIAL CONFERENCE. Attorney Conference to take place by 2/5/2021. Pretrial Stipulation due by 2/12/2021. Bench Trial set for 3/15/2021 08:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. TELEPHONIC Pretrial Conference set for 2/19/2021 03:00 PM before CHIEF JUDGE MARK E WALKER. Signed by CHIEF JUDGE MARK E WALKER on 9/24/20. (blb) (Entered: 09/24/2020)

STIPULATION of Dismissal by INDEPENDENT PARTY OF FLORIDA, PARTY FOR SOCIALISM AND LIBERATION. (TREUDEN, DANIEL) (Entered: 09/25/2020)

ORDER CLOSING FILE. The parties have jointly filed a Stipulation of Dismissal. ECF No. 56 . Under Federal Rule of Civil Procedure 41(a)(1)(A)(ii), the dismissal is effective without and order from this Court. The Clerk must enter judgment stating, "This case is dismissed without prejudice under Federal Rule of Civil Procedure 41(a) with each party to bear its own costs." The Clerk must close the file. Signed by CHIEF JUDGE MARK E WALKER on 9/25/20. (blb) (Entered: 09/25/2020)

CLERK'S JUDGMENT PURSUANT TO 57 Order Closing File. (blb) (Entered: 09/25/2020)