Case: New Florida Majority Ed v. Detzner

4:18-cv-00466 | U.S. District Court for the Northern District of Florida

Filed Date: Oct. 10, 2018

Closed Date: Dec. 14, 2018

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Case Summary

This case is about access to voter registration in Florida leading up to the 2018 election. On October 10, 2018, three nonprofits focused on voter engagement and voter registration filed this lawsuit in the United States District Court for the Northern District of Florida. The case was assigned to Judge Robert Lewis Hinkle.  The plaintiffs sued Ken Detzner in his official capacity as Secretary of State of the State of Florida under 42 U.S.C. §§ 1983 and 1988 for his decision to not extend the v…

This case is about access to voter registration in Florida leading up to the 2018 election. On October 10, 2018, three nonprofits focused on voter engagement and voter registration filed this lawsuit in the United States District Court for the Northern District of Florida. The case was assigned to Judge Robert Lewis Hinkle.  The plaintiffs sued Ken Detzner in his official capacity as Secretary of State of the State of Florida under 42 U.S.C. §§ 1983 and 1988 for his decision to not extend the voter registration period in light of Hurricane Michael. They claimed that this decision not to extend resulted in eligible Floridians being unable to participate in the November election and disenfranchised.

The voter registration deadline in Florida was October 9, 2018. Governor Rick Scott declared a State of Emergency in numerous counties in Florida due to then-Tropical Storm Michael, and on October 9, 2018, Hurricane Michael was announced as a Category 3 Storm. Previously in 2016 during Hurricane Matthew, a federal court granted a TRO to extend the voter registration following the hurricane which allowed over 80,000 Floridians to register to vote. Plaintiffs claimed that the effects of Hurricane Michael caused undue burden on voters trying to register before the deadline. Plaintiffs also claimed that Defendant was aware that, leading up to the voter registration deadline, eligible voters were experiencing difficulty using the online registration system. Defendant issued a Directive that any Supervisor of Elections whose office was closed on October 9, 2018 due to the hurricane were to accept paper voter registrations on the next day his or her office was reopened. Plaintiffs alleged this was inadequate relief. Plaintiffs sought an injunction to extend Florida’s voter registration by at least one week.

On October 16, 2018 motion for a preliminary injunction or temporary restraining order was denied. On November 5, 2018, Defendant moved to dismiss Plaintiff’s complaint for lack of subject matter jurisdiction, and that the case as moot as the timeline Plaintiffs requested to extend the registration had passed. On December 11, 2018, Plaintiffs and Defendants filed a joint motion to dismiss the case.

Summary Authors

Lauren Simon (7/10/2024)

Related Cases

Florida Democratic Party v. Detzner, Northern District of Florida (2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8007354/parties/new-florida-majority-education-fund-v-detzner/


Judge(s)

Hinkle, Robert Lewis (Florida)

Attorney for Plaintiff

ABUDU, NANCY GBANA (Florida)

EBENSTEIN, JULIE A (Florida)

Attorney for Defendant

DAVIS, ASHLEY E (Florida)

MCVAY, BRADLEY ROBERT (Florida)

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Documents in the Clearinghouse

Document
2

4:18-cv-00466

Notice of Related Case

Oct. 10, 2018

Oct. 10, 2018

Other
3

4:18-cv-00466

Plaintiffs' Emergency Motion for Preliminary Injunction- Expedited Consideration Requested

Oct. 10, 2018

Oct. 10, 2018

Pleading / Motion / Brief
1

4:18-cv-00466

Complaint

Oct. 10, 2018

Oct. 10, 2018

Complaint
6

4:18-cv-00466

Order Directing Clerk to Reassign Claim

Oct. 11, 2018

Oct. 11, 2018

Order/Opinion
5

4:18-cv-00466

Civil Cover Sheet

Oct. 11, 2018

Oct. 11, 2018

Other
4

4:18-cv-00466

Amended Request for Emergency Injunctive Relief in Support of Motion for Preliminary Injunction

Oct. 11, 2018

Oct. 11, 2018

Pleading / Motion / Brief
7

4:18-cv-00466

Summons in a Civil Action

Oct. 11, 2018

Oct. 11, 2018

Correspondence
8

4:18-cv-00466

Notice of Appearance

Oct. 12, 2018

Oct. 12, 2018

Other
10

4:18-cv-00466

Notice of Supplemental Information in Support of Plaintiffs' Motion for Preliminary Injunction

Oct. 15, 2018

Oct. 15, 2018

Pleading / Motion / Brief
9

4:18-cv-00466

Notice of Appearance

Oct. 15, 2018

Oct. 15, 2018

Other

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8007354/new-florida-majority-education-fund-v-detzner/

Last updated Jan. 30, 2025, 3:54 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number AFLNDC-4307546.), filed by New Florida Majority Education Fund, MI FAMILIA VOTA EDUCATION FUND, COMMON CAUSE. (Attachments: # 1 Civil Cover Sheet, # 2 Summons, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit) (ABUDU, NANCY) (Entered: 10/10/2018)

1 Civil Cover Sheet

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2 Summons

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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Oct. 10, 2018

Oct. 10, 2018

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2

NOTICE of Related Case by New Florida Majority Education Fund re 1 Complaint, (ABUDU, NANCY) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

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3

Emergency MOTION for Preliminary Injunction by COMMON CAUSE, MI FAMILIA VOTA EDUCATION FUND, New Florida Majority Education Fund. (Attachments: # 1 Exhibit Mem. in Supp. of Mot. for Prelim. Inj., # 2 Exhibit A - Abudu Decl., # 3 Exhibit B - Houk Decl., # 4 Exhibit C - SoS Directive) (EBENSTEIN, JULIE) (Entered: 10/10/2018)

1 Exhibit Mem. in Supp. of Mot. for Prelim. Inj.

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2 Exhibit A - Abudu Decl.

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3 Exhibit B - Houk Decl.

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4 Exhibit C - SoS Directive

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Oct. 10, 2018

Oct. 10, 2018

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4

AMENDED DOCUMENT by New Florida Majority Education Fund. Amendment to 3 Emergency MOTION for Preliminary Injunction (ABUDU, NANCY) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

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5

CIVIL COVER SHEET. (kdm) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

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6

ORDER REASSIGNING CASE signed by CHIEF JUDGE MARK E WALKER on 10/11/18. Case reassigned to JUDGE ROBERT L HINKLE for all further proceedings. CHIEF JUDGE MARK E WALKER no longer assigned to case (tss) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

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7

Summons Issued as to KEN DETZNER. (kdm) (Entered: 10/11/2018)

Oct. 11, 2018

Oct. 11, 2018

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8

NOTICE of Appearance by ASHLEY E DAVIS on behalf of KEN DETZNER (DAVIS, ASHLEY) (Entered: 10/12/2018)

Oct. 12, 2018

Oct. 12, 2018

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9

NOTICE of Appearance by BRADLEY ROBERT MCVAY on behalf of KEN DETZNER (MCVAY, BRADLEY) (Entered: 10/15/2018)

Oct. 15, 2018

Oct. 15, 2018

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10

NOTICE of Supplemental Information in Support of Plaintiffs' Motion for Preliminary Injunction by COMMON CAUSE, MI FAMILIA VOTA EDUCATION FUND, NEW FLORIDA MAJORITY EDUCATION FUND (Attachments: # 1 Exhibit A - Georgia Executive Order) (EBENSTEIN, JULIE) (Entered: 10/15/2018)

1 Exhibit A - Georgia Executive Order

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Oct. 15, 2018

Oct. 15, 2018

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11

ORDER CONSOLIDATING CASES - These cases (4:18-cv-466 and 4:18-cv-463) are consolidated for case-management purposes and will be maintained on a common docket under Consolidated Case No. 4:18cv463. Every filing - other than a complaint (or counterclaim or third-party complaint), answer, judgment, notice of appeal, or motion to amend or amended version of any of them - that is applicable to either case must be filed in the common docket and must not be filed separately in the other case. Signed by JUDGE ROBERT L HINKLE on 10/16/2018. (cle) (Entered: 10/18/2018)

Oct. 16, 2018

Oct. 16, 2018

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12

SECOND ORDER DENYING A PRELIMINARY INJUNCTION - The motion for a preliminary injunction filed by the plaintiffs in No. 4:18cv466, ECF No. 3 in that case, is denied for the reasons and subject to the limitations set out in the order conditionally denying a temporary restraining order or preliminary injunction in No. 4:18cv463, ECF No. 10 in that case. Signed by JUDGE ROBERT L HINKLE on 10/16/2018. (cle) (Entered: 10/22/2018)

Oct. 16, 2018

Oct. 16, 2018

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13

MOTION to Dismiss for Lack of Jurisdiction by KEN DETZNER. (Internal deadline for referral to judge if response not filed earlier: 11/19/2018). (Attachments: # 1 Affidavit) (DAVIS, ASHLEY) (Entered: 11/05/2018)

1 Affidavit

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Nov. 5, 2018

Nov. 5, 2018

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14

MOTION for Extension of Time to File Response/Reply as to 13 MOTION to Dismiss for Lack of Jurisdiction by NEW FLORIDA MAJORITY EDUCATION FUND. (Attachments: # 1 Text of Proposed Order) (ABUDU, NANCY) (Entered: 11/16/2018)

1 Text of Proposed Order

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Nov. 16, 2018

Nov. 16, 2018

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15

RESPONSE in Opposition re 13 MOTION to Dismiss for Lack of Jurisdiction filed by NEW FLORIDA MAJORITY EDUCATION FUND. (ABUDU, NANCY) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

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16

Suggestion of Mootness by KEN DETZNER (DAVIS, ASHLEY) (Entered: 11/28/2018)

Nov. 28, 2018

Nov. 28, 2018

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17

Joint MOTION to Dismiss with Prejudice by NEW FLORIDA MAJORITY EDUCATION FUND. (Internal deadline for referral to judge if response not filed earlier: 12/26/2018). (Attachments: # 1 Text of Proposed Order) (ABUDU, NANCY) (Entered: 12/11/2018)

1 Text of Proposed Order

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Dec. 11, 2018

Dec. 11, 2018

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18

ORDER ENDING THE CONSOLIDATION OF CASES - There is no longer a reason to consolidate the cases. These cases are no longer consolidated. Future filings in either case must be made in the relevant case's individual case file. Signed by JUDGE ROBERT L HINKLE on 12/12/2018. (cle) (Entered: 12/14/2018)

Dec. 12, 2018

Dec. 12, 2018

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19

ORDER OF DISMISSAL - The joint motion to dismiss with prejudice, ECF No. 17, is granted. The clerk must enter judgment stating, "This case is dismissed with prejudice under Federal Rule of Civil Procedure 41(a)." No fees or costs will be taxed. The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 12/13/2018. (cle) (Entered: 12/14/2018)

Dec. 13, 2018

Dec. 13, 2018

Clearinghouse
20

CLERK'S JUDGMENT - re: 19 ORDER OF DISMISSAL. (cle) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

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: Oct. 10, 2018

Closing Date: Dec. 14, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Nonprofit Organizations with missions relating to voter engagement and registration.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Lawyers Comm. for Civil Rights Under Law

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Ken Detzner in his official capacity as Secretary of State, State

Defendant Type(s):

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Amount Defendant Pays: 0

Issues

Voting:

Election administration

Voter registration rules