Case: Atkins v. Sarasota County, Florida

8:19-cv-03048 | U.S. District Court for the Middle District of Florida

Filed Date: Dec. 12, 2019

Closed Date: May 7, 2020

Clearinghouse coding complete

Case Summary

This case is about the 2019 redistricting for the Sarasota County Board of County Commissioners. Until 2018, Sarasota County elected commissioners on an at-large basis, meaning every resident of the county could vote for the commissioner of each district. In November 2018, voters passed a referendum amending the county charter so that starting in 2020 residents could vote for only the commissioner of their own district. In 2019, just a year before the next election and the decennial census, the…

This case is about the 2019 redistricting for the Sarasota County Board of County Commissioners. Until 2018, Sarasota County elected commissioners on an at-large basis, meaning every resident of the county could vote for the commissioner of each district. In November 2018, voters passed a referendum amending the county charter so that starting in 2020 residents could vote for only the commissioner of their own district. In 2019, just a year before the next election and the decennial census, the Board considered redistricting. By a 3–2 vote, the Board adopted a new district map (the “Smith” map) that had been offered by an anonymous member of the public, who was later identified as a Republican political operative. The new map, among other things, moved the residents of Newton, a predominantly African-American community, from District 1 to District 2. Because Sarasota County has staggered commissioner elections in which even-numbered districts vote in non-presidential election years, under the new map the residents of Newton now could not vote for commissioner until 2022.

On December 12, 2019, the former Mayor of Sarasota and candidate for County Commissioner from District 1 along with two Sarasota County voters brought this class action lawsuit in the U.S. District Court for the Middle District of Florida. They sued Sarasota County and members of the Sarasota County Board of County Commissioners under 42 U.S.C. § 1983 and Section 2 of the Voting Rights Act. Represented by private counsel, the plaintiffs sought 1) a declaratory judgement that the redistricting plan had the purpose and effect of denying the right of African American voters in Newton to participate in the political process and reflected a racial gerrymander in violation of the Equal Protection Clause of the Fourteenth Amendment, the Fifteenth Amendment, and Section 2 of the Voting Rights Act; 2) an injunction preventing the Board from using the “Smith” map in the 2020 election and preventing redistricting until after the 2020 census figures have been determined; 3) an extension of the 2020 filing deadline for County Commissioner candidates; and 4) attorneys’ fees. The case was assigned to District Judge William Jung.

On January 9, 2020, the plaintiffs filed an amended complaint that also alleged a violation of Article III, § 21 of the Florida Constitution, which prohibits state legislative districts from being drawn with the intent to favor or disfavor a political party or incumbent. On February 4, 2020, the court dismissed that claim with prejudice. On February 28, 2020, the claim under Section 2 of the Voting Rights Act was dismissed by stipulation of the parties.

On May 4, 2020, the court granted Sarasota County’s motion for summary judgement. The plaintiffs’ last remaining claim—violation of the Equal Protection Clause of the Fourteenth Amendment—required the plaintiffs to prove that the predominate motive for redistricting was racial, rather than political. Further, Supreme Court precedent required a presumption that the districts were drawn in good legislative faith. After reviewing the record, the court determined there was insufficient trial-admissible evidence that race was the predominant driver for the 2019 redistricting. There was also strong evidence in the record that the main purpose of the redistricting was to protect the incumbent Republican commissioner, which is not barred by the Equal Protection Clause.

Summary Authors

John McGinnis (5/2/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16577348/parties/atkins-v-sarasota-county-florida/


show all people

Documents in the Clearinghouse

Document
1

8:19-cv-03048

Class Action Complaint

Atkins v. Sarasota County

Dec. 12, 2019

Dec. 12, 2019

Complaint
9

8:19-cv-03048

Amended Class Action Complaint

Atkins v. Sarasota County

Jan. 9, 2020

Jan. 9, 2020

Complaint
36

8:19-cv-03048

Joint Stipulation of Dismissal

Atkins v. Sarasota County

Feb. 28, 2020

Feb. 28, 2020

Pleading / Motion / Brief
88

8:19-cv-03048

Order Granting Summary Judgment

Atkins v. Sarasota County

May 4, 2020

May 4, 2020

Order/Opinion

457 F.Supp.3d 1226

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16577348/atkins-v-sarasota-county-florida/

Last updated Oct. 17, 2025, 9:44 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants (Filing fee $ 400 receipt number 113A-16245168) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Proposed Summons, # 4 Proposed Summons, # 5 Proposed Summons)(Kellogg, Lawrence) (Entered: 12/12/2019)

1 Civil Cover Sheet

View on PACER

2 Proposed Summons

View on PACER

3 Proposed Summons

View on PACER

4 Proposed Summons

View on PACER

5 Proposed Summons

View on PACER

Dec. 12, 2019

Dec. 12, 2019

Clearinghouse
2

NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Christopher P. Tuite. New case number: 8:19-cv-3048-T-02CPT. (SJB) (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

Case Assigned/Reassigned

Dec. 12, 2019

Dec. 12, 2019

3

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. Signed by Judge William F. Jung on 12/13/2019. (SAO) (Entered: 12/13/2019)

Dec. 13, 2019

Dec. 13, 2019

4

SUMMONS issued as to All Defendants. (LNR) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

5

CERTIFICATE of interested persons and corporate disclosure statement re 3 Related case order and track 2 notice by Fredd Atkins, Mary Mack, Michael White. (Kellogg, Lawrence) (Entered: 12/23/2019)

Dec. 23, 2019

Dec. 23, 2019

6

Unopposed MOTION for Extension of Time to File Answer to Plaintiffs' Class Action Complaint by Sarasota County, Florida. (Pearce, David) Motions referred to Magistrate Judge Christopher P. Tuite. (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

7

CERTIFICATE of interested persons and corporate disclosure statement re 3 Related case order and track 2 notice by Nancy C. Detert, Alan Maio, Michael A. Moran, Sarasota County, Florida. (Pearce, David) (Entered: 12/27/2019)

Dec. 27, 2019

Dec. 27, 2019

8

ENDORSED ORDER granting 6 Motion for Extension of Time to Answer or respond to 1 Complaint. Sarasota County, Florida answer or response due 1/16/2020. Signed by Judge William F. Jung on 12/29/2019. (CCB) (Entered: 12/29/2019)

Dec. 29, 2019

Dec. 29, 2019

Order on motion for extension of time to answer

Dec. 29, 2019

Dec. 29, 2019

9

AMENDED COMPLAINT against All Defendants filed by Michael White, Mary Mack, Fredd Atkins.(Kellogg, Lawrence) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

Clearinghouse
10

NOTICE of Appearance by Andy Bardos on behalf of Nancy C. Detert, Alan Maio, Michael A. Moran, Sarasota County, Florida. (Bardos, Andy) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

11

NOTICE of Appearance by George T. Levesque on behalf of Nancy C. Detert, Alan Maio, Michael A. Moran, Sarasota County, Florida. (Levesque, George) (Entered: 01/15/2020)

Jan. 15, 2020

Jan. 15, 2020

12

AMENDED CERTIFICATE of interested persons and corporate disclosure statement re 7 Certificate of interested persons and corporate disclosure statement by Nancy C. Detert, Alan Maio, Michael A. Moran, Sarasota County, Florida. (Bardos, Andy) (Entered: 01/16/2020)

Jan. 16, 2020

Jan. 16, 2020

13

NOTICE of Appearance by Tal Aburos on behalf of Fredd Atkins, Mary Mack, Michael White. (Aburos, Tal) (Entered: 01/17/2020)

Jan. 17, 2020

Jan. 17, 2020

14

MOTION to dismiss for failure to state a claim by Nancy C. Detert, Alan Maio, Michael A. Moran, Sarasota County, Florida. (Attachments: # 1 Exhibit A - Previous Districts, # 2 Exhibit B - New Districts, # 3 Exhibit C - Census Data, # 4 Exhibit D - Population Estimates)(Bardos, Andy) (Entered: 01/22/2020)

Jan. 22, 2020

Jan. 22, 2020

15

MOTION to Expedite Scheduling Conference by Fredd Atkins, Mary Mack, Michael White. (Attachments: # 1 Exhibit A)(Kellogg, Lawrence) (Entered: 01/24/2020)

Jan. 24, 2020

Jan. 24, 2020

16

NOTICE of TELEPHONIC HEARING on all pending issues including 14 MOTION to dismiss for failure to state a claim, 15 MOTION to Expedite Scheduling Conference set for 2/4/2020 at 01:30 PM in Tampa Courtroom 15 B before Judge William F. Jung. Counsel are directed to call the reserved conference toll free number at 1-888-557-8511. Enter the access code: 4744914 followed by the #(pound) key. You will be prompted to enter the security code: 3048 followed by the #(pound) key. This conference will be activated at 1:00 PM so the hearing may start promptly at 1:30 PM.(CCB) (Entered: 01/27/2020)

Jan. 27, 2020

Jan. 27, 2020

Notice of hearing on motion

Jan. 27, 2020

Jan. 27, 2020

17

MOTION for protective order by All Defendants. (Attachments: # 1 Exhibit A - Martinez Order)(Bardos, Andy) Motions referred to Magistrate Judge Christopher P. Tuite. (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

18

NOTICE of TELEPHONIC HEARING on all pending issues and motions including 17 MOTION for protective order set for 2/4/2020 at 01:30 PM in Tampa Courtroom 15 B before Judge William F. Jung. Counsel should follow the same instructions at docket 16. (CCB) (Entered: 01/29/2020)

Jan. 29, 2020

Jan. 29, 2020

Notice of hearing on motion

Jan. 29, 2020

Jan. 29, 2020

19

ENDORSED ORDER: Upon review of the record, the Court finds that Plaintiffs' lead counsel, Hugh Franklin Culverhouse, Jr., has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by February 10, 2020. Signed by Judge William F. Jung on 2/3/2020. (SAO) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

20

RESPONSE in Opposition re 14 MOTION to dismiss for failure to state a claim filed by Fredd Atkins, Mary Mack, Michael White. (Kellogg, Lawrence) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

21

AMENDED ENDORSED ORDER: Hugh Franklin Culverhouse, Jr., Esq., shall have until 2/28/2020 to register for CM/ECF access. Signed by Judge William F. Jung on 2/3/2020. (SAO) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

22

RESPONSE to Motion re 15 MOTION to Expedite Scheduling Conference filed by Nancy C. Detert, Alan Maio, Michael A. Moran, Sarasota County, Florida. (Bardos, Andy) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

23

RESPONSE in Opposition re 17 MOTION for protective order filed by Fredd Atkins, Mary Mack, Michael White. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M)(Kellogg, Lawrence) (Entered: 02/03/2020)

Feb. 3, 2020

Feb. 3, 2020

Order

Feb. 3, 2020

Feb. 3, 2020

Amended Order

Feb. 3, 2020

Feb. 3, 2020

24

REPLY to Response to Motion re 14 MOTION to dismiss for failure to state a claim filed by Nancy C. Detert, Alan Maio, Michael A. Moran, Sarasota County, Florida. (Bardos, Andy) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

25

REPLY to Response to Motion re 17 MOTION for protective order filed by Nancy C. Detert, Alan Maio, Michael A. Moran, Sarasota County, Florida. (Bardos, Andy) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

26

Minute Entry. Proceedings held before Judge William F. Jung: MOTION HEARING held on 2/4/2020 re 14 MOTION to Dismiss for Failure to State a Claim filed by Michael A. Moran, Nancy C. Detert, Alan Maio, and Sarasota County, Florida; 17 MOTION for Protective Order filed by Michael A. Moran, Nancy C. Detert, Alan Maio, and Sarasota County, Florida; and 15 MOTION to Expedite Scheduling Conference filed by Fredd Atkins, Michael White, and Mary Mack. Court Reporter: Tracey Aurelio (SAO) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

27

ORAL ORDER granting in part and denying in part the 14 Motion to Dismiss for Failure to State a Claim. Count Three of the Amended Complaint is dismissed with prejudice. The individual defendants are dismissed with prejudice. The 15 Motion to Expedite is GRANTED. The Court sets the following deadlines. Preliminary Injunction Hearing and Trial: April 27, 2020 at 8:00 A.M. Discovery Cut-off: April 17, 2020. Dispositive Motions and Motion for Injunction: April 19, 2020. Responses to Requests for Documents, Admissions, and Interrogatories are due within 21 days. The 17 Motion for Protective Order is GRANTED (See Clerk's Minutes dated 2/04/2020 for details). Signed by Judge William F. Jung on 2/4/2020. (SAO) (Entered: 02/04/2020)

Feb. 4, 2020

Feb. 4, 2020

Order on Motion for Protective Order

Feb. 4, 2020

Feb. 4, 2020

Order on Motion to Dismiss for Failure to State a Claim

Feb. 4, 2020

Feb. 4, 2020

Order on Motion to Expedite

Feb. 4, 2020

Feb. 4, 2020

Set/Reset Scheduling Order Deadlines: Dispositive motions due by 4/19/2020. (LNR)

Feb. 4, 2020

Feb. 4, 2020

28

***TERMINATED, counsel must file a Notice of Appearance on docket.***NOTICE by Sarasota County, Florida (Elbrecht, Frederick) Modified text on 2/5/2020 (LNR). (Entered: 02/05/2020)

Feb. 5, 2020

Feb. 5, 2020

29

NOTICE of hearing: JURY TRIAL and PRELIMINARY INJUNCTION HEARING set for 4/27/2020 at 8:00 AM in Tampa Courtroom 15B before Judge William F. Jung. (See also DE 27) (SAO) (Entered: 02/06/2020)

Feb. 6, 2020

Feb. 6, 2020

Notice of hearing

Feb. 6, 2020

Feb. 6, 2020

Set/Reset Scheduling Order Deadlines

Feb. 6, 2020

Feb. 6, 2020

30

NOTICE of Appearance by Frederick Joseph Elbrecht on behalf of Sarasota County, Florida. (Elbrecht, Frederick) (Entered: 02/07/2020)

Feb. 7, 2020

Feb. 7, 2020

31

ANSWER to 9 Amended Complaint by Sarasota County, Florida.(Bardos, Andy) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

32

MOTION for Summary Judgment by Sarasota County, Florida. (Bardos, Andy) Motions referred to Magistrate Judge Christopher P. Tuite. (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

33

STATEMENT of undisputed facts re: 32 MOTION for Summary Judgment by Sarasota County, Florida. (Attachments: # 1 Exhibit A - Declaration of John Guthrie)(Bardos, Andy) (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

34

MOTION to Amend 9 Amended Complaint by Fredd Atkins, Mary Mack, Michael White. (Attachments: # 1 Exhibit Second Amended Complaint)(Kellogg, Lawrence) (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

35

ENDORSED ORDER. If defendants wish to be heard on Dkt. 34, the motion to amend, any such pleading should be filed no later than 4 pm on March 2, 2020. Signed by Judge William F. Jung on 2/27/2020. (Jung, William) Modified on 2/27/2020 (Jung, William). (Entered: 02/27/2020)

Feb. 27, 2020

Feb. 27, 2020

*Order no pdf

Feb. 27, 2020

Feb. 27, 2020

36

STIPULATION of Dismissal of Count II of the Amended Class Action Complaint by Fredd Atkins, Mary Mack, Michael White. (Kellogg, Lawrence) (Entered: 02/28/2020)

Feb. 28, 2020

Feb. 28, 2020

Clearinghouse
37

TRANSCRIPT of MOTION HEARING held on 2/4/2020 before Judge WILLIAM F. JUNG. Court Reporter/Transcriber TRACEY AURELIO,Telephone number 813-301-5448. 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 3/23/2020, Redacted Transcript Deadline set for 4/2/2020, Release of Transcript Restriction set for 6/1/2020. (TVA) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

38

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. 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 electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Tracey Aurelio. (TVA) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

39

RESPONSE in Opposition re 34 MOTION to Amend 9 Amended Complaint filed by Sarasota County, Florida. (Bardos, Andy) (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

40

ENDORSED ORDER denying 34 Motion to Amend. The new cause of action sought to be asserted did not arise recently and could have been set forth at first filing. It was not discussed at the scheduling conference. Defendants point out that expert disclosures are due this week. Relative population comparisons without a recent census would require experts and likely discovery (into things like school enrollment, utility hookups, etc.) The case was set on this fast track at the request of Plaintiffs, and was moved to a Track III at their request. Both of these changes (expedited date and Track III) were specifically ordered over the Defendants' objections. Trial is now set for late next month as Plaintiffs requested. The Track III rules state that "A motion to amend any pleading...is severely disfavored...." M.D. Loc R. 3.05(c)(3)(D). Signed by Judge William F. Jung on 3/2/2020. (Jung, William) Modified on 3/2/2020 (Jung, William). (Entered: 03/02/2020)

March 2, 2020

March 2, 2020

Set/reset trial management order deadlines - PUBLIC

March 2, 2020

March 2, 2020

Notice to counsel of filing of official transcript

March 2, 2020

March 2, 2020

Order on Motion to Amend / Correct / Modify / Supplement

March 2, 2020

March 2, 2020

Reset trial management order hearings: BENCH TRIAL set for a DATE CERTAIN beginning on 4/27/2020 at 9:00 AM in Tampa Courtroom 15B before Judge William F. Jung. (SAO)

March 2, 2020

March 2, 2020

41

NOTICE of Appearance by Hugh Franklin Culverhouse, Jr. on behalf of Fredd Atkins, Mary Mack, Michael White. (Culverhouse, Hugh) (Entered: 03/03/2020)

March 3, 2020

March 3, 2020

42

NOTICE of Appearance by John Armando Boudet on behalf of Sarasota County, Florida (Boudet, John) (Entered: 03/04/2020)

March 4, 2020

March 4, 2020

43

MOTION for Extension of Time to File Expert Disclosures by All Plaintiffs. (Aburos, Tal) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

44

ENDORSED ORDER - Both sides may have until March 16 to finalize and serve expert reports. The other deadlines remain. The Court grants 43 Motion for Extension of Time. Signed by Judge William F. Jung on 3/5/2020. (Jung, William) (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

45

NOTICE of filing Supplement re 43 Motion for Extension of Time to Serve Expert Disclosures by Fredd Atkins, Mary Mack, Michael White. (Aburos, Tal) Modified text on 3/6/2020 (LNR). (Entered: 03/05/2020)

March 5, 2020

March 5, 2020

Order on Motion for Extension of Time to File

March 5, 2020

March 5, 2020

46

RESPONSE re 45 MOTION to Supplement Motion for Extension of Time to Serve Expert Disclosures [D.E. 43] filed by Sarasota County, Florida. (Attachments: # 1 Exhibit A - Email Correspondence, # 2 Exhibit B - Email Correspondence)(Bardos, Andy) (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

47

TRIAL CALENDAR for the April 2020 trial term. This case is scheduled for a DATE CERTAIN beginning on 4/27/2020. Signed by Judge William F. Jung on 3/12/2020. (SAO) (Entered: 03/12/2020)

March 12, 2020

March 12, 2020

48

MOTION to Strike Untimely Disclosed Witness by Sarasota County, Florida. (Attachments: # 1 Exhibit A - Transcript of Hearing, # 2 Exhibit B - Plaintiffs' Second Amended Initial Disclosure)(Bardos, Andy) (Entered: 03/21/2020)

March 21, 2020

March 21, 2020

49

NOTICE of Appearance by James Timothy Moore on behalf of Sarasota County, Florida. (Moore, James) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

50

SECOND AMENDED CERTIFICATE of interested persons and corporate disclosure statement re 3 Related case order and track 2 notice by Sarasota County, Florida. (Bardos, Andy) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

51

MOTION for Miscellaneous Relief, specifically regarding mediation by Sarasota County, Florida. (Bardos, Andy) Modified text on 3/24/2020 (LNR). (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

52

ENDORSED ORDER denying as moot 32 Motion for Summary Judgment as to Count II, in light of the stipulated dismissal of that Count. Signed by Judge William F. Jung on 3/24/2020. (Jung, William) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

53

ENDORSED ORDER granting 51 the joint Motion to be excused from mediation, in view of the expedited preparation and trial date. Signed by Judge William F. Jung on 3/24/2020. (CCB) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

54

RESPONSE in Opposition re 48 MOTION to Strike Untimely Disclosed Witness filed by Fredd Atkins, Mary Mack, Michael White. (Attachments: # 1 Exhibit A)(Kellogg, Lawrence) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

55

MOTION to Quash Subpoenas and to Strike Untimely Disclosed Trial Witness, and Request for Expedited Treatment by Sarasota County, Florida. (Attachments: # 1 Exhibit A - Hearing Transcript, # 2 Exhibit B - Deposition Subpoena to Kenneth Lewis, # 3 Exhibit C - Trial Subpoena to Kenneth Lewis, # 4 Exhibit D - Deposition of Kurt Spitzer, # 5 Exhibit E - Deposition Subpoena to Kurt Spitzer)(Bardos, Andy) Motions referred to Magistrate Judge Christopher P. Tuite. (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

56

REPLY to Response to Motion re 48 MOTION to Strike Untimely Disclosed Witness filed by Sarasota County, Florida. (Attachments: # 1 Exhibit A - Order, # 2 Exhibit B - Order)(Bardos, Andy) (Entered: 03/24/2020)

March 24, 2020

March 24, 2020

Order on Motion for Summary Judgment

March 24, 2020

March 24, 2020

Order on Motion for Miscellaneous Relief

March 24, 2020

March 24, 2020

57

ENDORSED ORDER denying 48 Motion to Strike. Lewis and Rounds may testify and be deposed. This is an unusual case. Plaintiff likely has exhausted any further flexibility in late-witness designation. The parties will cooperate in discovery. If Lewis and Rounds cause defendants to need additional witness designations, the parties will cooperate on that point. Signed by Judge William F. Jung on 3/25/2020. (Jung, William) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

58

ENDORSED ORDER denying 55 Motion to Quash. See Doc. 57. Signed by Judge William F. Jung on 3/25/2020. (Jung, William) (Entered: 03/25/2020)

March 25, 2020

March 25, 2020

Order on Motion to Quash

March 25, 2020

March 25, 2020

Order on Motion to Strike

March 25, 2020

March 25, 2020

59

MOTION for Leave to File Other Document : Second Motion for Summary Judgment by Sarasota County, Florida. (Bardos, Andy) (Entered: 03/29/2020)

March 29, 2020

March 29, 2020

60

ENDORSED ORDER granting 59 Motion for Leave to file a second motion for summary judgment. The motion shall be filed on or before April 6, 2020; response on or before April 16, 2020; and reply on or before April 20, 2020. Signed by Judge William F. Jung on 3/30/2020. (CCB) (Entered: 03/30/2020)

March 30, 2020

March 30, 2020

Order on Motion for Leave to File Document

March 30, 2020

March 30, 2020

61

MOTION to Continue Trial by Fredd Atkins, Mary Mack, Michael White. (Kellogg, Lawrence) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

62

ENDORSED ORDER: Defendants are requested to file a response to the motion to continue before April 7, 2020. If the defendants suggest some sort of remote trial, kindly suggest details. Upon first thought, the Court is not particularly comfortable taking contested, adversarial testimony via a video hook-up, but all suggestions are welcome. The Court can clear any time in May if that is otherwise feasible. Signed by Judge William F. Jung on 4/3/2020. (Jung, William) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

*Order no pdf

April 3, 2020

April 3, 2020

63

NOTICE of supplemental authority re 61 MOTION to Continue Trial by Fredd Atkins, Mary Mack, Michael White. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kellogg, Lawrence) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

64

MOTION for Summary Judgment by Sarasota County, Florida. (Bardos, Andy) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

RECAP
65

STATEMENT of undisputed facts re: 64 MOTION for Summary Judgment by Sarasota County, Florida. (Attachments: # 1 Exhibit A - Deposition of Brad Johnson, # 2 Exhibit B - Deposition of Kurt Spitzer, # 3 Exhibit C - Declaration of Kurt Spitzer, # 4 Exhibit D - Deposition of Fredd Atkins, # 5 Exhibit E - Deposition of Michael White, # 6 Exhibit F - Deposition of Mary Mack)(Bardos, Andy) (Entered: 04/06/2020)

April 6, 2020

April 6, 2020

66

RESPONSE to Motion re 61 MOTION to Continue Trial filed by Sarasota County, Florida. (Attachments: # 1 Exhibit A - Middle District (Orlando) Order, # 2 Exhibit B - Middle District (Fort Myers) Order, # 3 Exhibit C - Middle District (Jacksonville) Order, # 4 Exhibit D - Florida Supreme Court Order, # 5 Exhibit E - Executive Order No. 20-91, # 6 Exhibit F - DOH Essential Services List, # 7 Exhibit G - News Article, # 8 Exhibit H - TCS Proposal)(Bardos, Andy) (Entered: 04/07/2020)

April 7, 2020

April 7, 2020

67

REPLY to Response to Motion re 61 MOTION to Continue Trial filed by Fredd Atkins, Mary Mack, Michael White. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Kellogg, Lawrence) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

68

Unopposed MOTION for Miscellaneous Relief, specifically Pretrial Conference re the Trial Date, a Remote Trial, and Pretrial Deadlines by Sarasota County, Florida. (Bardos, Andy) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

69

ENDORSED ORDER granting 68 Motion for status conference. The Court intends to set a telephonic status conference for 3 pm tomorrow. If that creates a scheduling conflict please confer and advise your jointly-preferable time. Signed by Judge William F. Jung on 4/9/2020. (Jung, William) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

70

NOTICE of TELEPHONIC STATUS CONFERENCE set for 4/10/2020 at 3:00 PM before Judge William F. Jung. Counsel are directed to call the reserved conference toll-free number at 1-888-557-8511. Enter the access code: 4744914 followed by the # (pound) key. You will be prompted to enter the security code: 3048 followed by the # (pound) key. This conference will be activated at 2:30 PM so the hearing may start promptly at 3:00 PM.(SAO) (Entered: 04/09/2020)

April 9, 2020

April 9, 2020

Notice of hearing

April 9, 2020

April 9, 2020

Order on Motion for Miscellaneous Relief

April 9, 2020

April 9, 2020

71

Minute Entry. Proceedings held before Judge William F. Jung: STATUS CONFERENCE and MOTION HEARING re 61 MOTION to Continue Trial filed by Fredd Atkins, Michael White, and Mary Mack held on 4/10/2020. Court Reporter: Tracey Aurelio (SAO) (Entered: 04/13/2020)

April 10, 2020

April 10, 2020

72

ORAL ORDER granting 61 Plaintiff's Motion to Extend the Court's Trial Date. The Bench Trial and Preliminary Injunction Hearing are continued from April 27 to May 11, 2020, at 9:00 AM in Courtroom 15B before the undersigned. Signed by Judge William F. Jung on 4/10/2020. (SAO) (Entered: 04/13/2020)

April 10, 2020

April 10, 2020

73

ORAL JOINT MOTION for extension of expert deposition deadline. (SAO) (Entered: 04/13/2020)

April 10, 2020

April 10, 2020

74

ORAL ORDER granting (Doc. 73) oral, joint motion for extension of expert deposition deadline. The deadline is extended from April 17 to April 24, 2020. Signed by Judge William F. Jung on 4/10/2020. (SAO) (Entered: 04/13/2020)

April 10, 2020

April 10, 2020

Case Details

State / Territory:

Florida

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Dec. 12, 2019

Closing Date: May 7, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The candidate for Sarasota County Board of Commissioners from District 1; two Sarasota County voters; and all residents of Sarasota County whose right to vote in the 2020 election of a District 1 member of the Sarasota County Board of Commissioners was lost or abridged by virtue of being removed from District 1 by Sarasota County on the basis of their race or color.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Sarasota County Board of County Commissioners (Sarasota), County

Case Details

Causes of Action:

42 U.S.C. § 1983

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Equal Protection

Fifteenth Amendment

Other Dockets:

Middle District of Florida 8:19-cv-03048

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

Voting:

Redistricting/district composition