Case: Namphy v. Desantis

Namphy, Et Al V. Desantis, Et Al

Namphy, Et Al V. Desantis, Et Al

Namphy, Et Al V. Desantis, Et Al

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number AFLNDC-5690587.), filed by ORGANIZE FLORIDA, DREAM DEFENDERS, Augusta Sandino Namphy, Florida Immigrant Coalition, NEW FLORIDA MAJORITY EDUCATION FUND. (ROMERO-CRAFT, KIRA) (Entered: 10/06/2020)

CIVIL COVER SHEET. (Attachments: # 1 Exhibit Summons DeSantis, # 2 Exhibit Summons Lee) (ROMERO-CRAFT, KIRA) (Entered: 10/06/2020)

MOTION for Temporary Restraining Order and Preliminary Injunction by DREAM DEFENDERS, Florida Immigrant Coalition, NEW FLORIDA MAJORITY EDUCATION FUND, Augusta Sandino Namphy, ORGANIZE FLORIDA. (Attachments: # 1 Affidavit Declaration of Augusta Namphy, # 2 Affidavit Declaration of Nailah Summers, # 3 Affidavit Declaration of Andrea Mercado, # 4 Affidavit Declaration of Stephanie Portages, # 5 Affidavit Declaration of Maria Rodriguez, # 6 Exhibit SOS Press Release, # 7 Exhibit SOS Directive 2020-02, # 8 Exhibit SOS Online Registration FAQ, # 9 Affidavit Declaration of Adam Lioz, # 10 Text of Proposed Order Proposed Order) (ROMERO-CRAFT, KIRA) (Entered: 10/06/2020)

1 Affidavit Declaration of Augusta Namphy

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2 Affidavit Declaration of Nailah Summers

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3 Affidavit Declaration of Andrea Mercado

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4 Affidavit Declaration of Stephanie Portages

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5 Affidavit Declaration of Maria Rodriguez

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6 Exhibit SOS Press Release

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7 Exhibit SOS Directive 2020-02

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8 Exhibit SOS Online Registration FAQ

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9 Affidavit Declaration of Adam Lioz

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10 Text of Proposed Order Proposed Order

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ORDER SETTING CONFERENCE SCHEDULE signed by CHIEF JUDGE MARK E WALKER on 10/6/20. The Clerk shall set this matter for a telephonic scheduling conference on Wednesday, October 7, 2020, at 8:30 a.m. (EDT). Re: 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by FLORIDA IMMIGRANT COALITION, AUGUSTA SANDINO NAMPHY, ORGANIZE FLORIDA, DREAM DEFENDERS, NEW FLORIDA MAJORITY EDUCATION FUND (tss) (Entered: 10/06/2020)

NOTICE OF TELEPHONIC HEARING Telephonic Scheduling Conference set for 10/7/2020 at 08:30 AM EDT 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 audioconnection is comprised by these devices. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ TiAnn Stark Courtroom Deputy Clerk (tss) (Entered: 10/06/2020)

AFFIDAVIT re 3 MOTION for Temporary Restraining Order and Preliminary Injunction by DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, AUGUSTA SANDINO NAMPHY, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA. (Attachments: # 1 Affidavit Declaration of Blair Bowie) (ROMERO-CRAFT, KIRA) (Entered: 10/06/2020)

NOTICE of Appearance by MOHAMMAD OMAR JAZIL on behalf of LAUREL M LEE (JAZIL, MOHAMMAD) (Entered: 10/06/2020)

NOTICE of Appearance by BRADLEY ROBERT MCVAY on behalf of LAUREL M LEE (MCVAY, BRADLEY) (Entered: 10/06/2020)

AFFIDAVIT re 3 MOTION for Temporary Restraining Order and Preliminary Injunction by DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, AUGUSTA SANDINO NAMPHY, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA. (Attachments: # 1 Affidavit Declaration of Kyle Redula, # 2 Affidavit Declaration of Hayden Johnson) (ROMERO-CRAFT, KIRA) (Entered: 10/06/2020)

ORDER DENYING IN PART 3 MOTION FOR TEMPORARY RESTRAINING ORDER AND PRELIMINARY INJUNCTION signed by CHIEF JUDGE MARK E WALKER on 10/6/20. Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction, ECF No. 3, is DENIED in part as to the request for a temporary restraining order and taken under advisement as to the request for preliminary injunction. (tss) (Entered: 10/06/2020)

MOTION to Appear Pro Hac Vice by Stuart Naifeh.( Filing fee $ 201 receipt number AFLNDC-5691661.) by DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, AUGUSTA SANDINO NAMPHY, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA. (Attachments: # 1 Exhibit Certificate of Good Standing) (ROMERO-CRAFT, KIRA) (Entered: 10/06/2020)

MOTION to Appear Pro Hac Vice by Adam Lioz.( Filing fee $ 201 receipt number AFLNDC-5691738.) by DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, AUGUSTA SANDINO NAMPHY, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA. (Attachments: # 1 Exhibit Certificate of Good Standing) (ROMERO-CRAFT, KIRA) (Entered: 10/06/2020)

Summons Issued as to RON DESANTIS. (cle) (Entered: 10/06/2020)

Summons Issued as to LAUREL M LEE. (cle) (Entered: 10/06/2020)

NOTICE of Corrected Declaration by DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, AUGUSTA SANDINO NAMPHY, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA re 3 MOTION for Temporary Restraining Order and Preliminary Injunction (Attachments: # 1 Exhibit Corrected Declaration of Augusta Namphy) (ROMERO-CRAFT, KIRA) (Entered: 10/06/2020)

ORDER GRANTING MOTION FOR PRO HAC VICE APPEARANCE. Stuart C. Naifeh moves for leave to appear pro hac vice in this case on behalf of Plaintiffs. ECF No. 11 . He has fulfilled the requirements of the Local Rules for appearing pro hac vice. Accordingly, the motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 10/7/20. (Appointed STUART C NAIFEH for DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, AUGUSTA SANDINO NAMPHY, NEW FLORIDA MAJORITY EDUCATION FUND and for ORGANIZE FLORIDA). (blb) (Entered: 10/07/2020)

ORDER GRANTING MOTION FOR PRO HAC VICE APPEARANCE. Adam Lioz moves for leave to appear pro hac vice in this case on behalf of Plaintiffs. ECF No. 12 . He has fulfilled the requirements of the Local Rules for appearing pro hac vice. Accordingly, the motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 10/7/20. (Appointed ADAM RUSSELL LIOZ for DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, AUGUSTA SANDINO NAMPHY, NEW FLORIDA MAJORITY EDUCATION FUND and for ORGANIZE FLORIDA). (blb) (Entered: 10/07/2020)

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Status Conference held on 10/7/2020. Parties discuss case status and schedule for preliminary injunction hearing. Ruling by Court: Defendants to file response to 3 Motion for Preliminary Injunction by 7:30 pm on 10/7/2020. Plaintiffs' reply due by midnight on 10/8/2020. Clerk to set telephonic hearing for 10/8/2020 at 8:00 am. (Court Reporter Megan Hague) (vkm) (Entered: 10/07/2020)

NOTICE OF TELEPHONIC HEARING RE: 3 MOTION for Preliminary Injunction: Telephonic Motion Hearing set for 10/8/2020 08:00 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: 10/07/2020)

ORDER DIRECTING DEFENDANT LEE TO MAKE WITNESSES AVAILABLE AT HEARING signed by CHIEF JUDGE MARK E WALKER on 10/7/20. (tss) (Entered: 10/07/2020)

NOTICE of Appearance by JAMES WILLIAM UTHMEIER on behalf of RON DESANTIS (UTHMEIER, JAMES) (Entered: 10/07/2020)

NOTICE of Filing Publicity Related Material by LAUREL M LEE (Attachments: # 1 Attachment 1- Matthews Email (1), # 2 Attachment 2- Matthews Email (2), # 3 Attachment 3- Latimer Letter, # 4 Attachment 4- McVay Email (1), # 5 Attachment 5- McVay Email (2), # 6 Attachment 6- McVay Email (3), # 7 Attachment 7- McVay Email (4), # 8 Attachment 8- SOS Press Release, # 9 Comp Attach 9- DOS Website Posts, # 10 Attachment 10- Gov Press Conference, # 11 Attachment 11- SOS Tweet, # 12 Attachment 12- Biden Tweet, # 13 Attachment 13- Elias Tweet, # 14 Attachment 14- Cantera Tweet) (JAZIL, MOHAMMAD) (Entered: 10/07/2020)

NOTICE of Filing Declarations in Support of Response to Motion for Preliminary Injunction by LAUREL M LEE (Attachments: # 1 Matthews Declaration, # 2 Marconnet Declaration, # 3 Earley Declaration, # 4 Lux Declaration, # 5 Maynor Declaration) (JAZIL, MOHAMMAD) (Entered: 10/07/2020)

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RESPONSE in Opposition re 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by LAUREL M LEE. (JAZIL, MOHAMMAD) (Entered: 10/07/2020)

NOTICE of Voluntary Dismissal by AUGUSTA SANDINO CHRISTIAN NAMPHY (ROMERO-CRAFT, KIRA) (Entered: 10/07/2020)

REPLY to Response to Motion re 3 MOTION for Temporary Restraining Order and Preliminary Injunction filed by DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, AUGUSTA SANDINO CHRISTIAN NAMPHY, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA. (Attachments: # 1 Exhibit Declaration of Charlotte Bernhardt, # 2 Exhibit Declaration of Dream Defenders, # 3 Exhibit Declaration of Teresa Guzman Pagan, # 4 Exhibit Declaration Of Eliese Hunt, # 5 Exhibit Declaration of Steve Killian, # 6 Exhibit Supplemental Declaration of Stephanie Porta, # 7 Exhibit Declaration of Kevin Benedicto, # 8 Exhibit Declaration of Elizabeth Cahill) (ROMERO-CRAFT, KIRA) (Entered: 10/07/2020)

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ORDER ON PLAINTIFF NAMPHYS 25 NOTICE OF VOLUNTARY DISMISSAL signed by CHIEF JUDGE MARK E WALKER on 10/8/20. Inasmuch as the defendants have not filed an answer or motion for summary judgment, the Notice of Voluntary Dismissal is effective without an order. See Fed. R. Civ. P. 41(a)(1)(A)(i). The action remains pending as between the balance of the plaintiffs and defendants. (tss) (Entered: 10/08/2020)

STRICKEN PER 32 ORDER NOTICE of Supplemental Declaration of Nicholas Ritchey by DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA re 26 Reply to Response to Motion,, (ROMERO-CRAFT, KIRA) Modified on 10/8/2020 (tss). (Entered: 10/08/2020)

STRICKEN PER 32 ORDER NOTICE of Filing Hourly Over Data by LAUREL M LEE (JAZIL, MOHAMMAD) Modified on 10/8/2020 (tss). (Entered: 10/08/2020)

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Motion Hearing held on 10/8/2020. Court hears argument regarding 3 Motion for Preliminary Injunction. Defendant Lee moves to strike Plaintiffs' 26 Reply & 28 Notice. Joint ore tenus motion to deny stay. Ruling by Court: Defendant DeSantis is not a proper party in this case. Defendant Lee's motion to strike is granted in part and denied in part. Plaintiffs' 28 Notice is stricken. Defendant Lee's 29 Notice is stricken. Joint ore tenus motion to deny stay is granted. Court will include in its order that any stay will be denied so case can be appealed on an expedited basis. Order to follow (Court Reporter Megan Hague). (vkm) (Entered: 10/08/2020)

MOTION to Appear Pro Hac Vice by Chiraag Bains.( Filing fee $ 201 receipt number AFLNDC-5695335.) by DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA. (Attachments: # 1 Exhibit Certificate of Good Standing) (ROMERO-CRAFT, KIRA) (Entered: 10/08/2020)

ORDER STRIKING BELATED FILINGS signed by CHIEF JUDGE MARK E WALKER on 10/8/20. At the telephonic hearing, this Court granted Defendant Lees oral motion to strike Plaintiffs 28 Notice of Supplemental Declaration of Nicholas Ritchey as untimely. Because this Court struck Plaintiffs belated affidavit, it also strikes Defendant Lees 29 Notice of Filing Hourly Over Data. (tss) (Entered: 10/08/2020)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of telephonic preliminary injucntion Proceedings held on 10/8/2020, before Judge Mark E. Walker. Court Reporter/Transcriber Megan A. Hague, Telephone number 850-443-9797. 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 10/15/2020. Release of Transcript Restriction set for 1/13/2021. (mah) (Entered: 10/08/2020)

ORDER GRANTING 31 MOTION FOR PRO HAC VICE APPEARANCE signed by CHIEF JUDGE MARK E WALKER on 10/9/20. Appointed CHIRAAG BAINS for DREAM DEFENDERS, for FLORIDA IMMIGRANT COALITION, for NEW FLORIDA MAJORITY EDUCATION FUND, and for ORGANIZE FLORIDA. (tss) (Entered: 10/09/2020)

ORDER ON MOTION FOR PRELIMINARY INJUNCTION signed by CHIEF JUDGE MARK E WALKER on 10/9/20. The 3 motion for preliminary injunction is DENIED. (tss) Document replaced on 10/9/2020 to correct Scrivener's Error (tss). (Entered: 10/09/2020)

AMENDED ORDER ON 3 MOTION FOR PRELIMINARY INJUNCTION, amending 35 Order, signed by CHIEF JUDGE MARK E WALKER on 10/9/20. The motion for preliminary injunction is DENIED. (tss) (Entered: 10/09/2020)

FIRST AMENDED COMPLAINT against LAUREL M LEE, filed by ORGANIZE FLORIDA, DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, NEW FLORIDA MAJORITY EDUCATION FUND. (ROMERO-CRAFT, KIRA) (Entered: 10/09/2020)

NOTICE of Dismissal by DREAM DEFENDERS, FLORIDA IMMIGRANT COALITION, NEW FLORIDA MAJORITY EDUCATION FUND, ORGANIZE FLORIDA re 37 Amended Complaint (ROMERO-CRAFT, KIRA) (Entered: 10/09/2020)

ORDER ON 38 PLAINTIFFS' NOTICE OF VOLUNTARY DISMISSAL. The remaining plaintiffs have filed a Notice of Voluntary Dismissal1 dismissing this action without prejudice. ECF No. 38 . Inasmuch as the defendants have not filed an answer or motion for summary judgment, the Notice of Voluntary Dismissal is effective without an order. See Fed. R. Civ. P. 41(a)(1)(A)(i). The Clerk shall close the file. Signed by CHIEF JUDGE MARK E WALKER on 10/13/2020. (rcb) (Entered: 10/13/2020)