Case: Rivera Madera v. Detzner

1:18-cv-00152 | U.S. District Court for the Northern District of Florida

Filed Date: Aug. 16, 2018

Closed Date: Feb. 1, 2021

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Case Summary

This case centers around allegations that the Secretary of State of Florida failed to uphold the requirements of Section 4(e) of the Voting Rights Act (52 U.S.C. 10301 et seq.), which prohibits conditioning the right to vote on a person's ability to understand English if they were educated in a school where the predominant language was not English, such as in Puerto Rico. On August 16, 2018, ahead of the 2018 midterm elections in November, the plaintiffs—which included voting rights organizatio…

This case centers around allegations that the Secretary of State of Florida failed to uphold the requirements of Section 4(e) of the Voting Rights Act (52 U.S.C. 10301 et seq.), which prohibits conditioning the right to vote on a person's ability to understand English if they were educated in a school where the predominant language was not English, such as in Puerto Rico.

On August 16, 2018, ahead of the 2018 midterm elections in November, the plaintiffs—which included voting rights organizations (Faith in Florida, Hispanic Federation, Mi Familia Vota Education Fund, Unidosus, and Vamos4PR) and one individual (a resident of Alachua County, Florida who was educated in Puerto Rico and knows limited English) on behalf of herself and all others similarly situated—filed this lawsuit in the United States District Court for the Northern District of Florida arguing that the Secretary’s failure to require bilingual ballots and Spanish-language election materials in 32 counties in Florida  where Puerto Rican-born residents resided (many of whom had relocated to Florida following Hurricane Maria in September 2017) violated the Voting Rights Act. Defendants in the suit included Florida’s Secretary of State, Ken Detzner, in his official capacity, and Kim Barton in her official capacity as the Alachua County Supervisor of Elections, on behalf of herself and a purported class of defendants including similarly-situated election supervisors from the Counties.

Represented by several legal advocacy groups and law firms (LatinoJustice PRLDEF, Demos, Altshuler Berzon LLP, and Service Employees International Union), the plaintiffs sought declaratory and injunctive relief to ensure that impacted US citizens of the purported class of plaintiffs would get relief in the form of bilingual ballots and Spanish-language election materials in each of the Counties in Florida ahead of the 2018 elections. They claimed that defendants' failure to provide Spanish-language ballots and voting information infringed on the voting rights of Puerto Ricans and other linguistic minorities in Florida who may not be proficient in English. The plaintiffs contended that providing only English-language materials for voting disproportionately affected these individuals and hindered their ability to participate effectively in the electoral process, thereby violating their rights under the Voting Rights Act.

In an order dated September 10, 2018, Chief US District Judge Mark E. Walker of the District Court granted in part plaintiffs’ request for a preliminary injunction requiring defendant Detzner to order defendant Barton and the election supervisors from the remaining Counties to provide signage, sample facsimile ballots, and notices on the election supervisors’ websites written in Spanish. Judge Walker also denied the defendants motion to dismiss the lawsuit. [325 F.Supp.3d 1269].

On November 5, 2018, mere days before the November elections, plaintiffs filed an emergency request for immediate relief prompted by the discovery that the Duval County Supervisor of Elections in Florida was not providing any Spanish-language facsimile ballots at early voting sites, which plaintiffs deemed a violation of the District Court's September 10, 2018 preliminary injunction order. The plaintiffs urgently sought immediate relief to ensure compliance with the preliminary injunction order and argued that failure to comply would impede the voting rights of individuals protected by the Voting Rights Act and undermine the integrity of the electoral process. In its same-day order responding to plaintiffs’ emergency request, the District Court directed Detzner to notify the supervisors of elections in the affected counties that compliance with the preliminary injunction order was mandatory. The court required the availability of Spanish-language facsimile ballots to voters falling within the ambit of Section 4(e) of the Voting Rights Act. The court also instructed Detzner to provide a notice of compliance with the order to the court by a specified deadline.

Over the following months, defendants submitted several notices of compliance with the District Court’s preliminary injunction order and the parties submitted briefs regarding the certification of both the purported class of plaintiffs and the purported class of defendants as well as the appropriateness of the individual plaintiff and Supervisor Barton as representatives of the purported classes. On March 5, 2019, the District Court denied the plaintiffs' motions for class certification without prejudice, ruling that the requested classes—both for plaintiffs and defendants—were unnecessary. It emphasized the significant authority held by the Florida Secretary of State in ensuring compliance with election laws, suggesting that any relief needed could be obtained through actions taken by the Secretary. The court left open the possibility for the plaintiffs to file another motion for certification if they could demonstrate its necessity.

On April 5, 2019, plaintiffs filed a second motion for preliminary injunction requesting similar relief to the first preliminary injunction due to the alleged ongoing failure of certain Counties to provide necessary election materials and assistance in Spanish, despite the District Court’s previous rulings and orders. Shortly thereafter, on April 11, 2019, defendants filed a notice of rulemaking and motion to hold the case in abeyance outlines the intention of Florida Governor Ron DeSantis's administration and Florida Secretary of State (at the time, Laurel M. Lee) to expand access to election-related materials, particularly for Spanish-speaking voters, through rulemaking under the Florida Administrative Procedure Act (the “APA”). It specifies the initiation of rulemaking for providing official Spanish-language ballots by the 2020 General Election and updating the State's official polling place procedures manual to address accessibility issues for Spanish-speaking voters. Defendants requested the District Court to pause the case to allow the Florida APA process to proceed. The motion argues that engaging all supervisors of elections in the rulemaking process is essential, and it pledges to proceed with the rulemaking promptly.

On May 10, 2019, the District Court granted plaintiffs’ motion in part requiring the Secretary of State to comply with various measures to ensure compliance with Section 4(e), including the provision of Spanish-language ballots, bilingual assistance, a Spanish-language hotline, translated election materials, bilingual poll workers, and training for election personnel. In the same order, the District Court granted defendants’ motion for an abeyance until the rulemaking process was complete or a party moved to lift the stay and the Court so ordered the stay to be lifted.

During the rest of 2019, the Florida Secretary of State submitted monthly notices of compliance to the District Court to demonstrate compliance with the second preliminary injunction and, on April 17, 2020, the Florida Secretary of State submitted a notice of filing of final rules of new rules under the APA.

On May 11, 2020, the District Court filed a supplemental order directing the defendant Secretary of State to submit a brief on the narrow issue of standing in light of the Eleventh Circuit US Court of Appeals’ decision in Jacobson v. Fla. Sec’y of State, No. 19-14552, 2020 WL 2049076 (11th Cir. Apr. 29, 2020).

Following the Secretary of State’s submission of a supplemental memorandum in late May 2020 and plaintiffs’ reply to same in June, the District Court submitted an order on August 7, 2020 dismissing the case in part due to the lack of standing for the plaintiffs to sue Defendant Lee (the Florida Secretary of State). The court's decision was based on the precedent set by Jacobson v. Florida Secretary of State, which found that the Florida Secretary of State's position alone does not establish standing in a lawsuit seeking to void Florida's statewide ballot order statute. The court further explained that the relief sought by the plaintiffs ultimately involves actions taken by the supervisors of elections in various counties, rather than actions directly controlled by the Florida Secretary of State. Therefore, ordering Defendant Lee to require the supervisors of elections to take certain actions does not address the plaintiffs' injuries directly. Consequently, the case is dismissed without prejudice as to Defendant Lee. The court instructs the parties to submit a proposed modified preliminary injunction order by a specified date to reflect the new status quo with only Defendant Barton remaining as a defendant.

Because of the evolution of facts of the case (namely, the new APA rules and the dismissal of the Florida Secretary of State as a defendant), on September 16, 2020, the District Court ordered the parties to submit additional briefing on the motion to certify plaintiff and defendant classes. Specifically, the District Court sought clarification on the adequacy and fairness of Defendant Kim A. Barton as a representative for the proposed class of defendants, especially in light of new APA rules mandated by the Secretary of State regarding support for Spanish-speaking voters.

Following the District Court’s order, Defendant Barton moved to dismiss the case and dissolve the preliminary injunctions. Over the following weeks, defendants, plaintiffs, and interested parties submitted amicus curiae briefs on topics including (1) the District Court’s prior order, (2) class certification and (3) Defendant Barton’s motion to dismiss.

Ultimately, the parties reached a settlement agreement in which Defendant Barton and the non-party elections officials from the remaining 31 Counties agreed to take certain steps to provide Spanish-language ballots and other materials to Spanish-speaking voting. The District Court accepted the settlement agreement and dismissed the case on February 1, 2021.

Summary Authors

(4/19/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/7679594/parties/rivera-madera-v-ertel/


Judge(s)
Attorney for Plaintiff

BAINS, CHIRAAG (Florida)

BERNER, NICOLE GINA (Florida)

BERZON, STEPHEN PAUL (Florida)

Attorney for Defendant

BENTLEY, MORGAN RAY (Florida)

Expert/Monitor/Master/Other

BARDOS, ANDY V (Florida)

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Documents in the Clearinghouse

Document
1

1:18-cv-00152

Class Complaint for Injunctive and Declaratory Relief

Aug. 16, 2018

Aug. 16, 2018

Complaint
41

1:18-cv-00152

Defendant Kim A. Barton's Motion to Dismiss and Response in Opposition to Motion for Preliminary Injunction

Aug. 30, 2018

Aug. 30, 2018

Pleading / Motion / Brief
42

1:18-cv-00152

Secretary's Motion to Dismiss and response in Opposition to Request for Preliminary Injunction

Aug. 30, 2018

Aug. 30, 2018

Pleading / Motion / Brief
59

1:18-cv-00152

Order Granting Motion for Preliminary Injunction in Part

Sept. 10, 2018

Sept. 10, 2018

Order/Opinion

325 F.Supp.3d 1269

77

1:18-cv-00152

Plaintiffs' Emergency Motion for Immediate Relief Requiring Compliance with Preliminary Injunction

Nov. 4, 2018

Nov. 4, 2018

Pleading / Motion / Brief
79

1:18-cv-00152

Order Granting in Part and Denying in Part Plaintiffs' Emergency Motion for Immediate Relief

Nov. 5, 2018

Nov. 5, 2018

Order/Opinion
110

1:18-cv-00152

Plaintiffs' Motion for a Preliminary Injunction

April 5, 2019

April 5, 2019

Pleading / Motion / Brief
131

1:18-cv-00152

Order Granting in Part Plaintiffs' Motion For Preliminary Injunction

May 10, 2019

May 10, 2019

Order/Opinion
133

1:18-cv-00152

Notice of Compliance

Aug. 1, 2019

Aug. 1, 2019

Pleading / Motion / Brief
134

1:18-cv-00152

Notice of Compliance

Sept. 3, 2019

Sept. 3, 2019

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/7679594/rivera-madera-v-ertel/

Last updated Jan. 30, 2025, 3:45 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against KIM A BARTON, KEN DETZNER ( Filing fee $ 400 receipt number AFLNDC-4261528.), filed by VAMOS4PR, Marta Valentina Rivera Madera, MI FAMILIA VOTA EDUCATION FUND, HISPANIC FEDERATION, FAITH IN FLORIDA, UNIDOSUS. (Attachments: # 1 Civil Cover Sheet, # 2 Summons for Kim A. Barton, # 3 Summons for Ken Detzner) (ROMERO-CRAFT, KIRA) (Entered: 08/16/2018)

1 Civil Cover Sheet

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2 Summons for Kim A. Barton

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3 Summons for Ken Detzner

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Aug. 16, 2018

Aug. 16, 2018

Clearinghouse
2

MOTION for Preliminary Injunction by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, Marta Valentina Rivera Madera, UNIDOSUS, VAMOS4PR. (Attachments: # 1 DECLARATION OF MARTA VALENTINA RIVERA MADERA, # 2 DECLARATION OF DR. DANIEL A. SMITH, # 3 DECLARATION OF AHREN LAHVIS, # 4 DECLARATION OF PETER MASON, # 5 DECLARATION OF NANCY BATISTA, # 6 DECLARATION OF JOSE CALDERON, # 7 DECLARATION OF CLARISSA MARTINEZ DE CASTRO, # 8 DECLARATION OF WES LATHROP, # 9 DECLARATION OF ARMANDO SANTIAGO PINTADO, # 10 Text of Proposed Order) (ROMERO-CRAFT, KIRA) (Entered: 08/16/2018)

1 DECLARATION OF MARTA VALENTINA RIVERA MADERA

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2 DECLARATION OF DR. DANIEL A. SMITH

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3 DECLARATION OF AHREN LAHVIS

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4 DECLARATION OF PETER MASON

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5 DECLARATION OF NANCY BATISTA

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6 DECLARATION OF JOSE CALDERON

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7 DECLARATION OF CLARISSA MARTINEZ DE CASTRO

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8 DECLARATION OF WES LATHROP

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9 DECLARATION OF ARMANDO SANTIAGO PINTADO

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10 Text of Proposed Order

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Aug. 16, 2018

Aug. 16, 2018

PACER
3

AFFIDAVIT re 2 MOTION for Preliminary Injunction by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, Marta Valentina Rivera Madera, UNIDOSUS, VAMOS4PR. (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, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21 Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB, # 29 Exhibit CC, # 30 Exhibit DD, # 31 Exhibit EE, # 32 Exhibit FF, # 33 Exhibit GG, # 34 Exhibit HH, # 35 Exhibit II, # 36 Exhibit JJ, # 37 Exhibit KK, # 38 Exhibit LL, # 39 Exhibit MM, # 40 Exhibit NN, # 41 Exhibit OO, # 42 Exhibit PP, # 43 Exhibit QQ, # 44 Exhibit RR, # 45 Exhibit SS, # 46 Exhibit TT) (ROMERO-CRAFT, KIRA) (Entered: 08/16/2018)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Exhibit E

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6 Exhibit F

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7 Exhibit G

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8 Exhibit H

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9 Exhibit I

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10 Exhibit J

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11 Exhibit K

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12 Exhibit L

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13 Exhibit M

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14 Exhibit N

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15 Exhibit O

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16 Exhibit P

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17 Exhibit Q

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18 Exhibit R

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19 Exhibit S

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20 Exhibit T

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21 Exhibit U

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22 Exhibit V

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23 Exhibit W

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24 Exhibit X

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25 Exhibit Y

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26 Exhibit Z

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27 Exhibit AA

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28 Exhibit BB

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29 Exhibit CC

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30 Exhibit DD

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31 Exhibit EE

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32 Exhibit FF

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33 Exhibit GG

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34 Exhibit HH

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35 Exhibit II

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36 Exhibit JJ

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37 Exhibit KK

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38 Exhibit LL

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39 Exhibit MM

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40 Exhibit NN

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41 Exhibit OO

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42 Exhibit PP

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43 Exhibit QQ

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44 Exhibit RR

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45 Exhibit SS

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46 Exhibit TT

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Aug. 16, 2018

Aug. 16, 2018

PACER
4

MOTION to Certify Class of Plaintiffs by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, Marta Valentina Rivera Madera, UNIDOSUS, VAMOS4PR. (Internal deadline for referral to judge if response not filed earlier: 8/30/2018). (Attachments: # 1 DECLARATION OF STEPHEN P. BERZON, # 2 DECLARATION OF KIRA ROMERO-CRAFT, # 3 Text of Proposed Order) (ROMERO-CRAFT, KIRA) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
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MOTION to Certify Class of Defendants by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, Marta Valentina Rivera Madera, UNIDOSUS, VAMOS4PR. (Internal deadline for referral to judge if response not filed earlier: 8/30/2018). (Attachments: # 1 SUPPLEMENTAL DECLARATION OF STUART NAIFEH, # 2 Exhibit A TO DECLARATION OF STUART NAIFEH, # 3 Text of Proposed Order) (ROMERO-CRAFT, KIRA) (Entered: 08/16/2018)

3

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Aug. 16, 2018

Aug. 16, 2018

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6

ORDER SETTING CONFERENCE SCHEDULE signed by CHIEF JUDGE MARK E WALKER on 8/16/18 - Telephonic Scheduling Conference set for 8/21/2018 at 04:00 PM before CHIEF JUDGE MARK E WALKER (tss) (Entered: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
7

NOTICE OF TELEPHONIC HEARING Telephonic Scheduling Conference set for 8/21/2018 at 04:00 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 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: 08/16/2018)

Aug. 16, 2018

Aug. 16, 2018

PACER
8

Summons Issued as to KIM A BARTON, KEN DETZNER. (Attachments: # 1 Detzner) (bkp) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
9

MOTION to Appear Pro Hac Vice( Filing fee $ 201 receipt number AFLNDC-4263002.) by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (BERZON, STEPHEN) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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MOTION to Appear Pro Hac Vice by Corinne Johnson.( Filing fee $ 201 receipt number AFLNDC-4263015.) by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (JOHNSON, CORINNE) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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MOTION to Appear Pro Hac Vice by Stacey Leyton.( Filing fee $ 201 receipt number AFLNDC-4263020.) by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (LEYTON, STACEY) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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MOTION to Appear Pro Hac Vice by Matthew Murray.( Filing fee $ 201 receipt number AFLNDC-4263025.) by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (MURRAY, MATTHEW) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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MOTION to Appear Pro Hac Vice by Megan Wachspress.( Filing fee $ 201 receipt number AFLNDC-4263038.) by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (WACHSPRESS, MEGAN) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

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MOTION to Appear Pro Hac Vice by Nicole G. Berner.( Filing fee $ 201 receipt number AFLNDC-4263049.) by MI FAMILIA VOTA EDUCATION FUND, VAMOS4PR. (BERNER, NICOLE) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
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ORDER granting 14 Motion to Appear Pro Hac Vice (Appointed NICOLE GINA BERNER for MI FAMILIA VOTA EDUCATION FUND,NICOLE GINA BERNER for VAMOS4PR). Signed by CHIEF JUDGE MARK E WALKER on 8/17/18. (bkp) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
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ORDER granting 9 Motion to Appear Pro Hac Vice (Appointed STEPHEN PAUL BERZON for FAITH IN FLORIDA,STEPHEN PAUL BERZON for HISPANIC FEDERATION,STEPHEN PAUL BERZON for MI FAMILIA VOTA EDUCATION FUND,STEPHEN PAUL BERZON for MARTA VALENTINA RIVERA MADERA,STEPHEN PAUL BERZON for UNIDOSUS,STEPHEN PAUL BERZON for VAMOS4PR). Signed by CHIEF JUDGE MARK E WALKER on 8/17/18. (bkp) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
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ORDER granting 10 Motion to Appear Pro Hac Vice (Appointed CORINNE F JOHNSON for FAITH IN FLORIDA,CORINNE F JOHNSON for HISPANIC FEDERATION,CORINNE F JOHNSON for MI FAMILIA VOTA EDUCATION FUND,CORINNE F JOHNSON for MARTA VALENTINA RIVERA MADERA,CORINNE F JOHNSON for UNIDOSUS,CORINNE F JOHNSON for VAMOS4PR). Signed by CHIEF JUDGE MARK E WALKER on 8/17/18. (bkp) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
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ORDER granting 11 Motion to Appear Pro Hac Vice (Appointed STACEY MONICA LEYTON for FAITH IN FLORIDA,STACEY MONICA LEYTON for HISPANIC FEDERATION,STACEY MONICA LEYTON for MI FAMILIA VOTA EDUCATION FUND,STACEY MONICA LEYTON for MARTA VALENTINA RIVERA MADERA,STACEY MONICA LEYTON for UNIDOSUS,STACEY MONICA LEYTON for VAMOS4PR). Signed by CHIEF JUDGE MARK E WALKER on 8/17/18. (bkp) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
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ORDER granting 12 Motion to Appear Pro Hac Vice (Appointed MATTHEW JOHN MURRAY for FAITH IN FLORIDA,MATTHEW JOHN MURRAY for HISPANIC FEDERATION,MATTHEW JOHN MURRAY for MI FAMILIA VOTA EDUCATION FUND,MATTHEW JOHN MURRAY for MARTA VALENTINA RIVERA MADERA,MATTHEW JOHN MURRAY for UNIDOSUS,MATTHEW JOHN MURRAY for VAMOS4PR). Signed by CHIEF JUDGE MARK E WALKER on 8/17/18. (bkp) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
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ORDER granting 13 Motion to Appear Pro Hac Vice (Appointed MEGAN CLAIRE WACHSPRESS for FAITH IN FLORIDA,MEGAN CLAIRE WACHSPRESS for HISPANIC FEDERATION,MEGAN CLAIRE WACHSPRESS for MI FAMILIA VOTA EDUCATION FUND,MEGAN CLAIRE WACHSPRESS for MARTA VALENTINA RIVERA MADERA,MEGAN CLAIRE WACHSPRESS for UNIDOSUS,MEGAN CLAIRE WACHSPRESS for VAMOS4PR). Signed by CHIEF JUDGE MARK E WALKER on 8/17/18. (bkp) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
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NOTICE of Appearance by ROBERT CHARLES SWAIN on behalf of KIM A BARTON (SWAIN, ROBERT) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
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MOTION to Appear Pro Hac Vice by Stuart C. Naifeh.( Filing fee $ 201 receipt number AFLNDC-4264660.) by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (Attachments: # 1 Exhibit Certificate of Good Standing) (NAIFEH, STUART) (Entered: 08/20/2018)

Aug. 20, 2018

Aug. 20, 2018

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NOTICE OF *TELEPHONIC* HEARING: Telephonic Scheduling Conference set for 8/21/2018 04:00 PM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. You may dial into the conference call as early as 3:50 PM EST. 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.s/ Kimberly WestphalDeputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (kjw) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
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ORDER granting 22 Motion to Appear Pro Hac Vice (Appointed STUART C NAIFEH for HISPANIC FEDERATION,STUART C NAIFEH for MI FAMILIA VOTA EDUCATION FUND,STUART C NAIFEH for MARTA VALENTINA RIVERA MADERA,STUART C NAIFEH for UNIDOSUS,STUART C NAIFEH for VAMOS4PR). Signed by CHIEF JUDGE MARK E WALKER on 8/21/18. (bkp) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

PACER
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AFFIDAVIT re 2 MOTION for Preliminary Injunction CORRECTED DECLARATION OF MARTA VALENTINA RIVERA MADERA by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (ROMERO-CRAFT, KIRA) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

Clearinghouse
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NOTICE of Appearance by CORBIN FREDERICK HANSON on behalf of KIM A BARTON (HANSON, CORBIN) (Entered: 08/21/2018)

Aug. 21, 2018

Aug. 21, 2018

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Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 8/21/2018. Argument to the Court by attorneys Murray, Swain, Fugett, and Jazil. The Preliminary Injunction Hearing is scheduled for 9/5/2018 09:00 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. No discovery schedule is being set at this time. A joint Response to the Motion for Preliminary Injunction is due by 8/30/2018; Replies are due by 9/3/2018 at midnight. A notice on any live witnesses is due by 9/4/2018 at noon. The ore tenus motion by Plaintiffs to extend time to deadline for filing responses to the class certification motions - GRANTED BY THE COURT - the deadline for the response to class certification is 14 days after the ruling on the motion for preliminary injunction. (Court Reporter Megan Hague.) (kjw) Modified on 8/22/2018 to correct the date the hearing was held. (kjw) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
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NOTICE of Appearance by MOHAMMAD OMAR JAZIL on behalf of KEN DETZNER (JAZIL, MOHAMMAD) (Entered: 08/22/2018)

Aug. 22, 2018

Aug. 22, 2018

PACER
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NOTICE of Hearing on Motion 2 MOTION for Preliminary Injunction Motion Hearing set for 9/5/2018 at 09:00 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. 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 StarkCourtroom Deputy Clerk (tss) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
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Motion to appear as Amicus Curiae by RONALD A LABASKY on behalf of FSASE. (LABASKY, RONALD) Modified on 8/23/2018 (bkp). (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

Clearinghouse
31

ORDER GRANTING 30 MOTION TO APPEAR AS AMICUS CURIAE. (The Association may file amicus brief on or before midnight on - 9/3/2018). Signed by CHIEF JUDGE MARK E WALKER on 8/23/2018. (kdm) (Entered: 08/24/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
32

CERTIFICATE OF SERVICE by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR re 5 MOTION to Certify Class of Defendants, 3 Affidavit,,,, 2 MOTION for Preliminary Injunction, 1 Complaint, 4 MOTION to Certify Class of Plaintiffs, 8 Summons Issued Proof of Service on Defendant Ken Detzner (MURRAY, MATTHEW) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
33

CERTIFICATE OF SERVICE by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR re 5 MOTION to Certify Class of Defendants, 3 Affidavit,,,, 2 MOTION for Preliminary Injunction, 1 Complaint, 4 MOTION to Certify Class of Plaintiffs, 8 Summons Issued Proof of Service on Defendant Kim Barton (MURRAY, MATTHEW) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
34

CERTIFICATE OF SERVICE by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR re 17 Order on Motion to Appear Pro Hac Vice, 16 Order on Motion to Appear Pro Hac Vice, 10 MOTION to Appear Pro Hac Vice by Corinne Johnson.( Filing fee $ 201 receipt number AFLNDC-4263015.), 11 MOTION to Appear Pro Hac Vice by Stacey Leyton.( Filing fee $ 201 receipt number AFLNDC-4263020.), 13 MOTION to Appear Pro Hac Vice by Megan Wachspress.( Filing fee $ 201 receipt number AFLNDC-4263038.), 14 MOTION to Appear Pro Hac Vice by Nicole G. Berner.( Filing fee $ 201 receipt number AFLNDC-4263049.), 9 MOTION to Appear Pro Hac Vice( Filing fee $ 201 receipt number AFLNDC-4263002.), 19 Order on Motion to Appear Pro Hac Vice, 12 MOTION to Appear Pro Hac Vice by Matthew Murray.( Filing fee $ 201 receipt number AFLNDC-4263025.), 18 Order on Motion to Appear Pro Hac Vice, 15 Order on Motion to Appear Pro Hac Vice, 20 Order on Motion to Appear Pro Hac Vice, 7 Notice of Hearing,,,,, 6 Order, Set Deadlines/Hearings Proof of Service on Defendants (MURRAY, MATTHEW) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
35

CERTIFICATE OF SERVICE by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR re 25 Affidavit, Proof of Service on Defendants (MURRAY, MATTHEW) (Entered: 08/24/2018)

Aug. 24, 2018

Aug. 24, 2018

PACER
36

MOTION to Withdraw as Attorney by KEN DETZNER. (FUGETT, DAVID) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
37

ORDER GRANTING 36 MOTION TO WITHDRAW AS COUNSEL. Attorney DAVID ANDREW FUGETT terminated. Signed by CHIEF JUDGE MARK E WALKER on 8/27/2018. The Clerk shall disconnect Mr. Fugett from receipt of CM/ECF notices in this case. This Court notes that Defendant is still represented by counsel. (kdm) (Entered: 08/27/2018)

Aug. 27, 2018

Aug. 27, 2018

PACER
38

NOTICE of Appearance by JOHN T LAVIA, III on behalf of FSASE (LAVIA, JOHN) (Entered: 08/29/2018)

Aug. 29, 2018

Aug. 29, 2018

PACER
39

NOTICE of Appearance by ESPERANZA SEGARRA on behalf of All Plaintiffs (SEGARRA, ESPERANZA) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

PACER
40

AMICUS CURIAE BRIEF by FSASE . (LAVIA, JOHN) (Entered: 08/30/2018)

Aug. 30, 2018

Aug. 30, 2018

RECAP
41

MOTION TO DISMISS AND RESPONSE IN OPPOSITION TO 2 MOTION FOR PRELIMINARY INJUNCTION filed by KIM A BARTON. (Attachments: # 1 Affidavit Declaration of Kim Barton, # 2 Affidavit Declaration of William Boyett) (SWAIN, ROBERT) Modified on 2/22/2019 to edit text (kdm). (Entered: 08/30/2018)

1 Affidavit Declaration of Kim Barton

View on PACER

2 Affidavit Declaration of William Boyett

View on PACER

Aug. 30, 2018

Aug. 30, 2018

Clearinghouse
42

RESPONSE in Opposition re 2 MOTION for Preliminary Injunction Secretary's Motion to Dismiss and Response in Opposition to Request for Preliminary Injunction filed by KEN DETZNER. (Attachments: # 1 Exhibit Exhibit 1, # 2 Exhibit Exhibits 2-23) (JAZIL, MOHAMMAD) (Entered: 08/30/2018)

1 Exhibit Exhibit 1

View on PACER

2 Exhibit Exhibits 2-23

View on RECAP

Aug. 30, 2018

Aug. 30, 2018

Clearinghouse
43

MOTION for Leave to File Declarations of Earley and Scott by KEN DETZNER. (Attachments: # 1 Exhibit Earley Declaration (Leon County), # 2 Exhibit Scott Declaration (Brevard County)) (JAZIL, MOHAMMAD) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
49

ORDER GRANTING 43 MOTION FOR LEAVE TO FILE DECLARATIONS signed by CHIEF JUDGE MARK E WALKER on 9/1/18. The declarations are accepted as timely filed and shall be considered at the preliminary injunction hearing. (tss) (Entered: 09/04/2018)

Sept. 1, 2018

Sept. 1, 2018

PACER
44

MOTION for Leave to File Joint Reply in Support of Motion for Preliminary Injunction and Opposition to Secretary's Motion to Dismiss and Extend Time for Opposition to Supervisor Barton's Motion to Dismiss re 41 Response in Opposition to Motion, 2 MOTION for Preliminary Injunction, 42 Response in Opposition to Motion, by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (MURRAY, MATTHEW) (Entered: 09/03/2018)

Sept. 3, 2018

Sept. 3, 2018

PACER
45

REPLY to Response to Motion re 2 MOTION for Preliminary Injunction And Opposition to Secretary of State Detzner's Motion to Dismiss filed by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (Attachments: # 1 Affidavit SECOND DECLARATION OF MARTA VALENTINA RIVERA MADERA, # 2 Affidavit OF ELIZA MCCLENAGHAN, # 3 Exhibit A TO DECLARATION OF ELIZA MCCLENAGHAN, # 4 Affidavit OF ERNST THERVIL, # 5 Exhibit 1 TO DECLARATION OF ERNST THERVIL, # 6 Exhibit 2 TO DECLARATION OF ERNST THERVIL, # 7 Exhibit 3 TO DECLARATION OF ERNST THERVIL, # 8 Exhibit 4 TO DECLARATION OF ERNST THERVIL, # 9 Exhibit 5 TO DECLARATION OF ERNST THERVIL, # 10 Affidavit SUPPLEMENTAL DECLARATION OF DR. DANIEL A. SMITH, # 11 Affidavit SECOND DECLARATION OF KIRA ROMERO-CRAFT, # 12 Exhibit 1 TO SECOND DECLARATION OF KIRA ROMERO-CRAFT) (MURRAY, MATTHEW) (Entered: 09/03/2018)

Sept. 3, 2018

Sept. 3, 2018

PACER
46

AFFIDAVIT re 45 Reply to Response to Motion,,, SECOND DECLARATION OF STUART C. NAIFEH by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (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) (MURRAY, MATTHEW) (Entered: 09/03/2018)

Sept. 3, 2018

Sept. 3, 2018

PACER
47

AFFIDAVIT re 45 Reply to Response to Motion,,, DECLARATION OF CORINNE F. JOHNSON by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21) (MURRAY, MATTHEW) (Entered: 09/03/2018)

Sept. 3, 2018

Sept. 3, 2018

PACER
48

NOTICE OF REFILING OF CORRECTED DECLARATION OF MARTA RIVERA MADERA WITH CERTIFICATION OF TRANSLATOR by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR re 2 MOTION for Preliminary Injunction, 25 Affidavit, (Attachments: # 1 Affidavit CORRECTED DECLARATION OF MARTA VALENTINA RIVERA MADERA) (MURRAY, MATTHEW) (Entered: 09/03/2018)

Sept. 3, 2018

Sept. 3, 2018

PACER
50

ORDER GRANTING PLAINTIFFS UNOPPOSED 44 MOTION signed by CHIEF JUDGE MARK E WALKER on 9/4/18. Plaintiffs shall file their opposition to Defendant Bartons motion to dismiss on or before 14 days after this Court issues its order on Plaintiffs pending motion for preliminary injunction. Further, this Court acknowledges receipt of Plaintiffs reply in support of their motion to dismiss and opposition to Defendant Detzners 45 motion to dismiss. (tss) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
51

NOTICE Secretary's Witness List by KEN DETZNER (JAZIL, MOHAMMAD) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
52

NOTICE TO PARTIES signed by CHIEF JUDGE MARK E WALKER on 9/4/18. In preparation for hearing, 29 Notice of Hearing on Motion, the parties shall be prepared to identify and discuss the services already available in Spanish via the Voter Assistance Hotline advertised on the Department of States website, dos.myflorida.com/elections. (tss) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
53

MOTION Exclude Testimony of Paul Lux re 51 Notice (Other) by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (Attachments: # 1 Affidavit Declaration of Matthew J. Murray in Support of Motion to Exclude Testimony of Paul Lux) (WACHSPRESS, MEGAN) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
54

AFFIDAVIT Second Declaration of Ahren Lahvis by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (WACHSPRESS, MEGAN) (Entered: 09/04/2018)

Sept. 4, 2018

Sept. 4, 2018

PACER
55

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Motion Hearing held on 9/5/2018. Court hears argument from both sides regarding the 2 Motion for Preliminary Injunction. Written order to follow. Court denies 53 Motion to Exclude Testimony, Clerk to terminate motion. Court directs Defense to refile deposition of Paul Lux - Defense Exhibit 1 - 2018 Voter Assistance Hotline Frequently Asked Questions - Marked and Admitted (Court Reporter Megan Hague). (vkm) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
56

NOTICE of Filing Lux Deposition by KEN DETZNER (Attachments: # 1 Exhibit Lux Deposition - Jacobson et al v. Detzner (418-cv-00262-MW-CAS), # 2 Exhibit Exhibits to Lux Deposition) (JAZIL, MOHAMMAD) (Entered: 09/05/2018)

Sept. 5, 2018

Sept. 5, 2018

PACER
57

ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION IN PART. IT IS ORDERED: The Secretary shall provide written direction to the supervisors of elections in the 32 counties identified supra at 4 n.6. The Secretary of State shall copy this Order in his written direction to the supervisors of elections. The Secretary of State shall provide this Court notice of compliance with this Order on or before Wednesday,9/12/2018. The Secretary of State's motion to dismiss, ECF No. 42, is DENIED. Plaintiffs' motion for preliminary injunction, ECF No. 2, is GRANTED in part and DENIED in part. Signed by CHIEF JUDGE MARK E WALKER on 9/7/2018. (kjw) (Entered: 09/07/2018)

Sept. 7, 2018

Sept. 7, 2018

Clearinghouse
58

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of preliminary injunction Proceedings held on 9/5/2018, before Judge Mark E. Walker. Court Reporter/Transcriber Megan Hague, Telephone number 8504220011. 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 9/17/2018. Release of Transcript Restriction set for 12/14/2018. (mah) (Entered: 09/08/2018)

Sept. 8, 2018

Sept. 8, 2018

PACER
59

ORDER GRANTING MOTION FOR PRELIMINARY INJUNCTION IN PART. IT IS ORDERED: The Secretary shall provide written direction to the supervisors of elections in the 32 counties identified supra at 4 n.7. The Secretary of State shall copy this Order in his written direction to the supervisors of elections. The Secretary of State shall provide this Court notice of compliance with this Order on or before Wednesday, 9/12/2018. The Secretary of State's motion to dismiss, ECF No. 42, is DENIED. Plaintiffs' motion for preliminary injunction, ECF No. 2, is GRANTED in part and DENIED in part. Signed by CHIEF JUDGE MARK E WALKER on 9/10/2018. (kjw) (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

Clearinghouse
60

NOTICE of Appearance by MOHAMMAD OMAR JAZIL on behalf of KEN DETZNER (JAZIL, MOHAMMAD) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
61

NOTICE Secretary's Notice of Compliance by KEN DETZNER re 57 Order,,, Set Deadlines/Hearings,, (JAZIL, MOHAMMAD) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
62

MOTION to Extend Timeof Deadlines (Unopposed) by KEN DETZNER. (JAZIL, MOHAMMAD) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
63

ORDER GRANTING UNOPPOSED 62 MOTION TO EXTEND DEADLINES. (Parties to file their respective documents on or before: 10/12/2018). Signed by CHIEF JUDGE MARK E WALKER on 9/19/2018. (kdm) (Entered: 09/19/2018)

Sept. 19, 2018

Sept. 19, 2018

PACER
64

MOTION to Appear Pro Hac Vice by Chiraag Bains.( Filing fee $ 201 receipt number AFLNDC-4298745.) by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (Attachments: # 1 Appendix Certificate of Good Standing) (BAINS, CHIRAAG) (Entered: 09/27/2018)

Sept. 27, 2018

Sept. 27, 2018

PACER
65

ORDER GRANTING PLAINTIFFS' 64 MOTION TO APPEAR PRO HAC VICE. Signed by CHIEF JUDGE MARK E WALKER on 9/28/2018. Mr. Bains has fulfilled the requirements of the Local Rules for appearing pro hac vice. (kdm) (Entered: 09/28/2018)

Sept. 28, 2018

Sept. 28, 2018

PACER
66

MOTION to Extend TimeUNOPPOSED by KEN DETZNER. (JAZIL, MOHAMMAD) (Entered: 10/09/2018)

Oct. 9, 2018

Oct. 9, 2018

PACER
67

ORDER GRANTING UNOPPOSED 66 MOTION TO EXTEND DEADLINES signed by CHIEF JUDGE MARK E WALKER on 10/10/18. The parties shall file their respective documents on or before 10/26/2018. (tss) (Entered: 10/10/2018)

Oct. 10, 2018

Oct. 10, 2018

PACER
68

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

Oct. 15, 2018

Oct. 15, 2018

PACER
69

NOTICE of Appearance by ASHLEY E DAVIS on behalf of KEN DETZNER (DAVIS, ASHLEY) (Entered: 10/18/2018)

Oct. 18, 2018

Oct. 18, 2018

PACER
70

RESPONSE to Motion re 5 MOTION to Certify Class of Defendants filed by KIM A BARTON. (Swain, Robert) (Entered: 10/25/2018)

Oct. 25, 2018

Oct. 25, 2018

PACER
71

Florida Secretary of State ANSWER to 1 Complaint, by KEN DETZNER. (JAZIL, MOHAMMAD) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
72

RESPONSE in Opposition re 5 MOTION to Certify Class of Defendants, 4 MOTION to Certify Class of Plaintiffs filed by KEN DETZNER. (JAZIL, MOHAMMAD) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
73

RESPONSE by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR re 41 Response in Opposition to Motion TO DISMISS. (MURRAY, MATTHEW) (Entered: 10/26/2018)

Oct. 26, 2018

Oct. 26, 2018

PACER
74

INITIAL SCHEDULING ORDER. Signed by CHIEF JUDGE MARK E WALKER on 10/30/2018. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 11/13/2018., Rule 26 Meeting Report due by 12/13/2018., Discovery due by 2/26/2019., Dispositive Motions to be filed by 3/19/2019. (kdm) (Entered: 10/30/2018)

Oct. 30, 2018

Oct. 30, 2018

PACER
75

MOTION for Leave to File re 5 MOTION to Certify Class of Defendants PLAINTIFFS REQUEST FOR LEAVE TO FILE REPLY MEMORANDUM IN SUPPORT OF PLAINTIFFS MOTION FOR CERTIFICATION OF DEFENDANT CLASS by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (MURRAY, MATTHEW) (Entered: 10/31/2018)

Oct. 31, 2018

Oct. 31, 2018

PACER
76

ORDER GRANTING PLAINTIFF'S REQUEST FOR LEAVE TO FILE REPLY MEMORANDUM re: 75 Motion for Leave to File. The reply memorandum shall be due on or before November 16, 2018. Signed by CHIEF JUDGE MARK E WALKER on 11/1/18. (bkp) (Entered: 11/01/2018)

Nov. 1, 2018

Nov. 1, 2018

PACER

Reset Deadlines as to 5 MOTION to Certify Class of Defendants. Plaintiff's Replies due by 11/16/2018. (bkp)

Nov. 1, 2018

Nov. 1, 2018

PACER
77

Emergency MOTION for Preliminary Injunction Request for Immediate Relief Requiring Compliance with Preliminary Injunction by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (MURRAY, MATTHEW) (Entered: 11/04/2018)

Nov. 4, 2018

Nov. 4, 2018

Clearinghouse
78

AFFIDAVIT in Support re 77 Emergency MOTION for Preliminary Injunction Request for Immediate Relief Requiring Compliance with Preliminary Injunction by Kira Romero-Craft filed by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C) (MURRAY, MATTHEW) (Entered: 11/04/2018)

1 Exhibit A

View on PACER

2 Exhibit B

View on PACER

3 Exhibit C

View on PACER

Nov. 4, 2018

Nov. 4, 2018

PACER
79

ORDER GRANTING IN PART AND DENYING IN PART PLAINTIFFS' EMERGENCY MOTION FOR IMMEDIATE RELIEF re: 77 Motion for Preliminary Injunction. The Secretary of State shall electronically notify the supervisors of elections of the 32 covered counties by 5:00 p.m. on November 5, 2018 that compliance with this Courts order on preliminary injunction is not optional. Accordingly, facsimile sample ballots in Spanish shall be available to all voters who fall within the ambit of Section 4(e) of the Voting Rights Act. All terms of this Courts order on preliminary injunction remain in effect. The Secretary shall attach this Order in his notification to the supervisors of elections with this Order by 6:30 p.m., November 5, 2018. The Secretary of State shall provide this Court a notice of compliance. Signed by CHIEF JUDGE MARK E WALKER on 11/5/18. (bkp) (Entered: 11/05/2018)

Nov. 5, 2018

Nov. 5, 2018

Clearinghouse
80

NOTICE of Compliance by KEN DETZNER re 79 Order on Motion for Preliminary Injunction,,, (Attachments: # 1 Notice to SOEs) (DAVIS, ASHLEY) (Entered: 11/05/2018)

1 Notice to SOEs

View on PACER

Nov. 5, 2018

Nov. 5, 2018

PACER
81

Corporate Disclosure Statement/Certificate of Interested Persons by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (MURRAY, MATTHEW) (Entered: 11/13/2018)

Nov. 13, 2018

Nov. 13, 2018

PACER
82

REPLY to Response to Motion re 5 MOTION to Certify Class of Defendants filed by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (MURRAY, MATTHEW) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
83

AFFIDAVIT re 82 Reply to Response to Motion For Certification of a Defendant Class by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (Attachments: # 1 Exhibit A) (ROMERO-CRAFT, KIRA) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
84

REPORT of Rule 26(f) Planning Meeting. (MURRAY, MATTHEW) (Entered: 11/26/2018)

Nov. 26, 2018

Nov. 26, 2018

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 84 Report of Rule 26(f) Planning Meeting filed (tss)

Nov. 26, 2018

Nov. 26, 2018

PACER
85

STATUS REPORT JOINT STATUS REPORT by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (MURRAY, MATTHEW) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
86

SCHEDULING ORDER, Re: 84 Report of Rule 26(f) Planning Meeting. (Discovery due by 7/12/2019., Dispositive Motions to be filed by 8/16/2019., Mediation Report due by 8/30/2019.), Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 12/7/2018. (kdm) (Entered: 12/07/2018)

Dec. 7, 2018

Dec. 7, 2018

PACER
87

RULE 26 Disclosures by KIM A BARTON. (Swain, Robert) (Entered: 12/14/2018)

Dec. 14, 2018

Dec. 14, 2018

PACER
88

RULE 26 Disclosures by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (Attachments: # 1 Plaintiffs' Initial Disclosures) (MURRAY, MATTHEW) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
89

NOTICE of Filing of Secretary's Initial Disclosures by KEN DETZNER re 74 Scheduling Order, (JAZIL, MOHAMMAD) (Entered: 12/20/2018)

Dec. 20, 2018

Dec. 20, 2018

PACER
90

STATUS REPORT Joint Status Report by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (MURRAY, MATTHEW) (Entered: 12/31/2018)

Dec. 31, 2018

Dec. 31, 2018

PACER
91

NOTICE of Substitution of Party by KEN DETZNER (JAZIL, MOHAMMAD) (Entered: 01/08/2019)

Jan. 8, 2019

Jan. 8, 2019

PACER
92

ORDER SUBSTITUTING PARTY re 91 NOTICE of Substitution of Party. Signed by CHIEF JUDGE MARK E WALKER on 1/9/2019. The Clerk is directed to substitute Michael Ertel as the Defendant in place of Kenneth W. Detzner. (kdm) (Entered: 01/09/2019)

Jan. 9, 2019

Jan. 9, 2019

PACER
93

MOTION to Appear Pro Hac Vice by Emily Miranda Galindo.( Filing fee $ 201 receipt number AFLNDC-4374690.) by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (Attachments: # 1 Certificate of Good Standing) (GALINDO, EMILY) (Entered: 01/10/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER
94

ORDER FOR ADMISSION PRO HAC VICE re: 93 Motion to Appear Pro Hac Vice (Appointed EMILY MIRANDA GALINDO for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 1/10/19. (bkp) (Entered: 01/11/2019)

Jan. 10, 2019

Jan. 10, 2019

PACER
95

ORDER DIRECTING DEFENDANT TO COLLECT AND FILE ADDITIONAL INFORMATION signed by CHIEF JUDGE MARK E WALKER on 1/22/19. Defendant Ertel is directed to collect this information on or before February 22, 2019, and file with this Court on or before 2/28/2019. (tss) (Entered: 01/22/2019)

Jan. 22, 2019

Jan. 22, 2019

PACER
96

STATUS REPORT JOINT STATUS REPORT by FAITH IN FLORIDA, HISPANIC FEDERATION, MI FAMILIA VOTA EDUCATION FUND, MARTA VALENTINA RIVERA MADERA, UNIDOSUS, VAMOS4PR. (MURRAY, MATTHEW) (Entered: 01/30/2019)

Jan. 30, 2019

Jan. 30, 2019

PACER
97

NOTICE of Unavailability by KIM A BARTON (Swain, Robert) (Entered: 01/31/2019)

Jan. 31, 2019

Jan. 31, 2019

PACER
98

NOTICE of Substitution of Party by MICHAEL ERTEL (JAZIL, MOHAMMAD) (Entered: 02/05/2019)

Feb. 5, 2019

Feb. 5, 2019

PACER

Case Details

State / Territory: Florida

Case Type(s):

Election/Voting Rights

Special Collection(s):

Law Firm Antiracism Alliance (LFAA) project

Key Dates

Filing Date: Aug. 16, 2018

Closing Date: Feb. 1, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Voting Rights Organizations: Faith in Florida, Hispanic Federation, Mi Familia Vota Education Fund, Unidosus and Vamos4PR Individual Plaintiff: a resident of Alachua County, Florida who was educated in Puerto Rico and knows limited English

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Attorney Organizations:

LatinoJustice PRLDEF

Public Interest Lawyer: Yes

Filed Pro Se: Unknown

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Ken Detzner, in his official capacity as Secretary of State of Florida; and Kim A. Barton, in her official capacity as Alachua County Supervisor of Elections, on behalf of herself and similarly-situated County Supervisors of Elections, State

Case Details

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Training

Voting Process Changes

Issues

Discrimination Basis:

Language discrimination

Affected Language(s):

Spanish

Voting:

Voting: Physical/Effective Access