Case: Dodge v. Lee

6:22-cv-00221 | U.S. District Court for the Middle District of Florida

Filed Date: Feb. 4, 2022

Closed Date: Aug. 5, 2022

Clearinghouse coding complete

Case Summary

This case concerns the constitutionality of Florida’s requirement that candidates for political office take an oath regarding the candidate’s registered membership in a political party. On February 4, 2022, two Florida residents running for the U.S House of Representatives filed a pro se lawsuit in the U.S. District Court for the Middle District of Florida against the Florida Secretary of State, Florida Attorney general, and the Supervisor of Elections of Brevard County. The plaintiffs claimed …

This case concerns the constitutionality of Florida’s requirement that candidates for political office take an oath regarding the candidate’s registered membership in a political party.

On February 4, 2022, two Florida residents running for the U.S House of Representatives filed a pro se lawsuit in the U.S. District Court for the Middle District of Florida against the Florida Secretary of State, Florida Attorney general, and the Supervisor of Elections of Brevard County. The plaintiffs claimed that the above-mentioned Florida law violated Article I of the U.S. Constitution by imposing additional requirements for congressional office. The plaintiffs sought both preliminary and permanent injunctive relief.

Motions to dismiss were filed on February 24, 2022, March 1, 2022, and March 2, 2022. On June 27, 2022, Magistrate Judge Daniel Irick recommended granting the defendants' motion to dismiss, and District Judge Wendy Williams Berger adopted the recommendation on July 19, 2022. The recommendation indicated that the plaintiffs lacked standing as “Plaintiffs fail[ed] to allege that Defendants caused any traceable, particularized injury concerning the Candidate Oaths Amendment or to allege that Defendants [could] remedy the alleged injury.”

Plaintiffs were given an opportunity to, but did not, amend the complaint to cure the errors, and the case is closed.

Summary Authors

Andrew Ulbrich (2/5/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/62655632/parties/dodge-v-lee/


Judge(s)

Berger, Wendy Williams (Florida)

Attorney for Plaintiff

Dodge, Andrew S. (Florida)

Dodge, Danelle L. (Florida)

Attorney for Defendant

Breen, Maria S (Florida)

DAVIS, ASHLEY E (Florida)

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Documents in the Clearinghouse

Document
1

6:22-cv-00221

Complaint and Request for Injunction

Feb. 4, 2022

Feb. 4, 2022

Complaint
13

6:22-cv-00221

Defendant Ashley Moody Florida Attorney General's Motion to Dismiss the Complaint

Feb. 24, 2022

Feb. 24, 2022

Pleading / Motion / Brief
15

6:22-cv-00221

Defendant, Lori Scott's Motion to Dismiss and Incorporated Memorandum of Law

March 1, 2022

March 1, 2022

Pleading / Motion / Brief
16

6:22-cv-00221

Motion to Dismiss

March 2, 2022

March 2, 2022

Pleading / Motion / Brief
19

6:22-cv-00221

Plaintiffs Opposition to Deny the Defendants' Motion to Dismiss

March 8, 2022

March 8, 2022

Pleading / Motion / Brief
18

6:22-cv-00221

Plaintiff Andrew and Danelle Dodge, Certificate of Interested Persons and Corporate Disclosure Statement

March 8, 2022

March 8, 2022

Pleading / Motion / Brief
21

6:22-cv-00221

Report and Recommendation

June 27, 2022

June 27, 2022

Magistrate Report/Recommendation
22

6:22-cv-00221

Order

July 19, 2022

July 19, 2022

Order/Opinion
23

6:22-cv-00221

Order

Aug. 5, 2022

Aug. 5, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/62655632/dodge-v-lee/

Last updated Aug. 9, 2025, 9:45 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT and Request for Injunction against All Defendants (Filing fee $ 402, receipt number ORL012239) filed by All Plaintiffs. (Attachments: # 1 Exhibit 1-6, # 2 Civil Cover Sheet)(LDJ) Modified text on 2/4/2022 (LDJ). (Entered: 02/04/2022)

1 Exhibit 1-6

View on RECAP

2 Civil Cover Sheet

View on RECAP

Feb. 4, 2022

Feb. 4, 2022

Clearinghouse
2

SUMMONS issued as to All Defendants. (LDJ) (Entered: 02/04/2022)

Feb. 4, 2022

Feb. 4, 2022

PACER
3

STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 2/1/2021. (RN) (Entered: 02/08/2022)

Feb. 8, 2022

Feb. 8, 2022

PACER
4

NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 2/9/2022. (ALL) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER
5

NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (ALL) (Entered: 02/09/2022)

Feb. 9, 2022

Feb. 9, 2022

PACER

*Order pdf

Feb. 9, 2022

Feb. 9, 2022

PACER

Notice to Counsel of Local Rule

Feb. 9, 2022

Feb. 9, 2022

PACER
6

NOTICE of Appearance by Ashley E. Davis on behalf of Laurel M. Lee (Davis, Ashley) (Entered: 02/14/2022)

Feb. 14, 2022

Feb. 14, 2022

PACER
7

RETURN of service executed on 2/9/2022 as to Ashley Moody. (KNC) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
8

RETURN of service executed on 2/9/2022 as to Laurel M. Lee. (KNC) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
9

RETURN of service executed on 2/8/2022 as to Lori Scott. (KNC) (Entered: 02/15/2022)

Feb. 15, 2022

Feb. 15, 2022

PACER
10

NOTICE of Appearance by Deborah Lynn Moskowitz on behalf of Lori Scott (Moskowitz, Deborah) Modified on 2/24/2022 (removed duplicate text) (KNC). (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
11

NOTICE of Appearance by Charles J. F. Schreiber, Jr on behalf of Ashley Moody (Schreiber, Charles) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
12

CERTIFICATE of interested persons and corporate disclosure statement by Ashley Moody identifying Corporate Parent Lori Scott, Corporate Parent Ashley Moody, Corporate Parent Laurel M. Lee, Corporate Parent Andrew S. Dodge, Corporate Parent Danelle L. Dodge for Ashley Moody. (Schreiber, Charles) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

PACER
13

MOTION to Dismiss Complaint by Ashley Moody. (Schreiber, Charles) (Entered: 02/24/2022)

Feb. 24, 2022

Feb. 24, 2022

Clearinghouse
14

CERTIFICATE of interested persons and corporate disclosure statement by Lori Scott identifying Corporate Parent Brevard County Supervisor of Elections for Lori Scott. (Moskowitz, Deborah) (Entered: 02/25/2022)

Feb. 25, 2022

Feb. 25, 2022

PACER
15

First MOTION to Dismiss Complaint by Lori Scott. (Moskowitz, Deborah) (Entered: 03/01/2022)

March 1, 2022

March 1, 2022

Clearinghouse
16

MOTION to Dismiss Complaint, MOTION to Dismiss for Failure to State a Claim by Laurel M. Lee. (Davis, Ashley) (Entered: 03/02/2022)

March 2, 2022

March 2, 2022

Clearinghouse
17

SUPPLEMENTAL Rule 3.01(g) Certification re 15 First MOTION to Dismiss Complaint by Lori Scott. (Moskowitz, Deborah) Modified on 3/4/2022 (KNC). (Entered: 03/03/2022)

March 3, 2022

March 3, 2022

PACER
18

CERTIFICATE of interested persons and corporate disclosure statement by Andrew S. Dodge, Danelle L. Dodge. (BD) (Entered: 03/08/2022)

March 8, 2022

March 8, 2022

Clearinghouse
19

RESPONSE in Opposition re 15 First MOTION to Dismiss Complaint, 13 MOTION to Dismiss Complaint, 16 MOTION to Dismiss Complaint filed by Andrew S. Dodge, Danelle L. Dodge. (Attachments: # 1 Exhibit 1)(BD) (Entered: 03/08/2022)

1 Exhibit 1

View on RECAP

March 8, 2022

March 8, 2022

Clearinghouse
20

Joint MOTION to Stay Pending Decision on Motions to Dismiss by All Defendants. (Schreiber, Charles) (Entered: 03/14/2022)

March 14, 2022

March 14, 2022

PACER
21

REPORT AND RECOMMENDATION re 20 Joint MOTION to Stay Pending Decision on Motions to Dismiss filed by Laurel M. Lee, Ashley Moody, Lori Scott, 15 First MOTION to Dismiss Complaint filed by Lori Scott, 13 MOTION to Dismiss Complaint filed by Ashley Moody, 16 MOTION to Dismiss Complaint MOTION to Dismiss for Failure to State a Claim filed by Laurel M. Lee. The undersigned respectfully RECOMMENDS that Plaintiff Danelle Dodge's claim be DISMISSED as moot; Defendants' Motions to Dismiss (Docs. 13, 15, 16) be GRANTED in part to the extent that the Complaint be DISMISSED without prejudice with leave to amend by a date certain as to Plaintiff Andrew Dodge. The remainder of the Motions (Docs. 13, 15, 16) be DENIED without prejudice; and the Joint Motion to Stay Pending Decision on Motions to Dismiss (Doc. 20) be DENIED as moot. See Order. Signed by Magistrate Judge Daniel C. Irick on 6/27/2022. (RN) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

Clearinghouse
22

ORDER: The Report and Recommendation 21 is ADOPTED and CONFIRMED and made a part of this Order. Defendant Moody's Motion to Dismiss 13 is GRANTED in part as set forth in this Order and the Report and Recommendation and DENIEDwithout prejudice in all other respects. Defendant Scott's Motion to Dismiss 15 is GRANTED in part as set forth in this Order and the Report and Recommendation and DENIED without prejudice in all other respects. Defendant Lee's Motion to Dismiss 16 is GRANTED in part as set forth in this Order and the Report and Recommendation and DENIED without prejudice in all other respects. The Complaint and Request for Injunction 1 is DISMISSED withoutprejudice. On or before August 1, 2022, Plaintiff Andrew Dodge may file an amended pleading in accordance with the Report and Recommendation and thisOrder. Failure to timely file may result in the dismissal of this case withoutfurther notice. The Joint Motion to Postpone 20 is DENIED as moot. Signed by Judge Wendy W. Berger on 7/19/2022. (RMF) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

Clearinghouse

Set deadlines: Amended Complaint due by 8/1/2022 (KNC)

July 19, 2022

July 19, 2022

PACER

Set/reset deadlines/hearings-PUBLIC

July 20, 2022

July 20, 2022

PACER
23

ORDER dismissing this case without prejudice for failure to timely file an amended pleading. The Clerk is directed to terminate all pending motions and close this case. Signed by Judge Wendy W. Berger on 8/5/2022. (KNC) (Entered: 08/05/2022)

Aug. 5, 2022

Aug. 5, 2022

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: Feb. 4, 2022

Closing Date: Aug. 5, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Two U.S. House candidates.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Secretary of State, State

Florida Attorney General, State

Supervisor of Elections of Brevard County (Brevard), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

Voting:

Candidate qualifications

Voting: General & Misc.