Case: Kaimowitz v. Supervisor of Elections

1:16-cv-00257 | U.S. District Court for the Northern District of Florida

Filed Date: July 15, 2016

Closed Date: Jan. 4, 2018

Clearinghouse coding complete

Case Summary

This is a case about Florida’s judicial election system and whether excluding unopposed judicial candidates from ballots violates voting rights. On July 15, 2016, the plaintiff, a disbarred attorney proceeding pro se, filed this lawsuit in the United States District Court for the Northern District of Florida, Gainesville Division. The plaintiff sued the Supervisor of Elections for Alachua County, John Harkness (Florida Bar executive director), Eighth Judicial Circuit Bar Association, Inc. (“EJC…

This is a case about Florida’s judicial election system and whether excluding unopposed judicial candidates from ballots violates voting rights. On July 15, 2016, the plaintiff, a disbarred attorney proceeding pro se, filed this lawsuit in the United States District Court for the Northern District of Florida, Gainesville Division. The plaintiff sued the Supervisor of Elections for Alachua County, John Harkness (Florida Bar executive director), Eighth Judicial Circuit Bar Association, Inc. (“EJCBA”), and Florida Blue Key, Inc. (“FBK”) under the Fifteenth Amendment to the U.S. Constitution. The plaintiff sought declaratory and injunctive relief. He claimed that Florida law providing that unopposed candidates for county and circuit court judgeships should not be included on the ballot violated the Fifteenth Amendment by denying African Americans the right to participate on equal footing with whites in judicial elections. He argued that not listing the names of unopposed candidates on the ballot prevents African American voters from writing in the name of a candidate thus presumably depriving them of an opportunity to vote for a black candidate.

The plaintiff challenged Florida Statute § 105.051(1)(a) (2016) and Article V of the Florida Constitution, claiming they denied basic voting rights guaranteed by the Fifteenth Amendment. The core allegation was that African-Americans had their voting rights diluted in judicial elections, with no African-American ever elected to the 8th Judicial Circuit Court and only one elected to any county court in the six-county circuit.

The plaintiff sought: (1) listing him as a write-in candidate for Judge Tom Jaworski’s judicial seat on the August 30 or November 8 ballots; (2) listing Judge Jaworski, Judge Walter Green, and Judge Susan Miller-Jones on said ballot even if they were unopposed; (3) declaring the state law authorizing unopposed judicial candidates to be elected without appearing on the ballot to be unconstitutional; and (4) allowing him to be heard on his claims for damages from Harkness, EJCBA, and FBK.

Prior to the lawsuit, the plaintiff was a civil rights attorney in good standing in New York since 1969 who had practiced civil rights law in Florida since 1987, but was not in good standing with the Florida Bar, preventing him from running as a judicial candidate. The plaintiff was suspended from the practice of law on November 21, 2014, and was disbarred on December 1, 2016. Additionally, the plaintiff was subject to a prior sanction from January 17, 1997, entered by Chief Judge Maurice M. Paul in Case No. 1:94cv10061-MP, requiring him to obtain the counter-signature of an attorney who is a member of the bar of this Court for any future filings in the Northern District of Florida.

On October 25, 2016, a Report and Recommendation was issued by Magistrate Judge Gary R. Jones recommending denial of the plaintiff's motions for temporary, preliminary and permanent injunction, injunctive relief, and declaratory relief. The court found the plaintiff could not show substantial likelihood of success on the merits, noting he “failed to offer any facts suggesting that the right of African Americans (or any other voter for that matter) to vote was impaired because voters [could] not cast a vote for an unopposed judicial candidate” and “failed to cite one case or any legal authority remotely suggesting that Florida law requiring the Supervisor of Election not to list unopposed judicial candidates on the ballot, is unconstitutional.”

The court explained that claims under the Fifteenth Amendment require a finding of intent to discriminate, and “to show a violation of the Fifteenth Amendment, a plaintiff must show that the . . . decision or act had a discriminatory purpose and effect.’” The plaintiff “failed to show any discriminatory purpose or evidence of intent on the part of the Florida legislature in enacting its statutes regarding the election of judges.”

Regarding standing, the court noted that while the plaintiff claimed he “would have offered himself as a write-in candidate” against Judge Jaworski, this argument failed because the plaintiff was not qualified to serve as a state judge, being either retired or suspended from the Florida Bar and therefore not an active member qualified to serve as a judge.

On November 4, 2016, District Judge Mark E. Walker accepted the Report and Recommendation and denied the plaintiff’s motions for injunctive and declaratory relief.

The plaintiff filed an amended complaint on August 17, 2016, but Magistrate Judge Gary R. Jones ordered the plaintiff to file a proper amended complaint by September 19, 2016, and to comply with the prior 1997 sanction requiring an attorney counter-signature. This order was affirmed and upheld by District Judge Mark Walker in at least three separate orders.

Plaintiff took no action to comply until November 15, 2016, when he filed a motion requesting leave to file an amended complaint. However, Plaintiff’s proposed amended complaint did not comply with the prior order—it was not on the proper form and did not include the signature of another attorney in compliance with the sanction. The proposed complaint was deemed a frivolous “quintessential shotgun pleading” that did not comply with Rule 8 of the Federal Rules of Civil Procedure.

On April 25, 2017, Magistrate Judge Gary R. Jones denied the plaintiff’s Motion to Amend/Correct and prohibited the plaintiff from filing any further complaint unless it contained the counter-signature of an attorney who is a member of the bar of the court.

On June 22, 2017, Magistrate Judge Charles A. Stampelos issued an Amended Report and Recommendation that the case be dismissed for failure to prosecute and failure to comply with court orders. On July 1, 2017, Judge Walker dismissed the case for failure to prosecute and failure to comply with court orders.

The plaintiff filed a notice of appeal on September 1, 2017, assigned USCA Case Number 17-13995-D. On September 20, 2017, Judge Walker denied leave to proceed in forma pauperis on appeal. On April 9, 2018, the USCA dismissed the appeal for want of prosecution because appellant failed to pay the filing and docketing fees within the time fixed by the rules.

As of April 2018, the case concluded unsuccessfully for the plaintiff with dismissal for failure to prosecute and failure to comply with court orders, followed by dismissal of the appeal for failure to pay required filing fees. The case represents an unsuccessful challenge to Florida's judicial election system under the Fifteenth Amendment.

Summary Authors

Jacqueline Kaufman (8/25/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5284163/parties/kaimowitz-v-supervisor-of-elections/


Judge(s)
Attorney for Plaintiff

KAIMOWITZ, GABRIEL HILLEL (Florida)

Attorney for Defendant

COXE, HENRY M (Florida)

JR, WILLIAM EDWARDS (Florida)

LOCKAMY, MICHAEL E (Florida)

PILLANS, CHARLES PALMER (Florida)

show all people

Documents in the Clearinghouse

Document
1

1:16-cv-00257

Complaint

KAIMOWITZ v. SUPERVISOR OF ELECTIONS et al

July 15, 2016

July 15, 2016

Complaint
7

1:16-cv-00257

Memorandum of Law in Support of Motions

KAIMOWITZ v. SUPERVISOR OF ELECTIONS et al

Aug. 17, 2016

Aug. 17, 2016

Pleading / Motion / Brief
5

1:16-cv-00257

First Amended Complaint

KAIMOWITZ v. SUPERVISOR OF ELECTIONS et al

Aug. 17, 2016

Aug. 17, 2016

Complaint
54

1:16-cv-00257

Motion to Dismiss for Failure to State a Claim

KAIMOWITZ v. SUPERVISOR OF ELECTIONS et al

Oct. 17, 2016

Oct. 17, 2016

Pleading / Motion / Brief
63

1:16-cv-00257

Report and Recommendation

KAIMOWITZ v. SUPERVISOR OF ELECTIONS et al

Oct. 25, 2016

Oct. 25, 2016

Magistrate Report/Recommendation

6594110 WL

72

1:16-cv-00257

Order Affirming Order of Magistrate Judge

KAIMOWITZ v. SUPERVISOR OF ELECTIONS et al

Nov. 4, 2016

Nov. 4, 2016

Order/Opinion
70

1:16-cv-00257

Order Denying Motion for Relief

KAIMOWITZ v. SUPERVISOR OF ELECTIONS et al

Nov. 4, 2016

Nov. 4, 2016

Order/Opinion

6573973 WL

71

1:16-cv-00257

Order Accepting Report and Recommendation

KAIMOWITZ v. SUPERVISOR OF ELECTIONS et al

Nov. 4, 2016

Nov. 4, 2016

Order/Opinion
96

1:16-cv-00257

Amended Report and Recommendation

KAIMOWITZ v. SUPERVISOR OF ELECTIONS et al

June 22, 2017

June 22, 2017

Magistrate Report/Recommendation

2837008 WL

98

1:16-cv-00257

Order Accepting Report and Recommendation

KAIMOWITZ v. SUPERVISOR OF ELECTIONS et al

July 1, 2017

July 1, 2017

Order/Opinion

2837009 WL

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5284163/kaimowitz-v-supervisor-of-elections/

Last updated Sept. 30, 2025, 9:04 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against EIGHTH JUDICIAL CIRCUIT BAR ASSOCIATION INC, FLORIDA BLUE KEY INC, JOHN F HARKNESS, JR, SUPERVISOR OF ELECTIONS filed by GABRIEL HILLEL KAIMOWITZ. (Attachments: # 1 Receipt#FLN 1-2936 $400.00) (jws)(No service copies) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

Clearinghouse
2

CIVIL COVER SHEET. (jws) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
3

MOTION Requesting Appointment of Counsel by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER
4

Notice to Pro Se. (jws) (Entered: 07/15/2016)

July 15, 2016

July 15, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 1 Complaint (No service copies), 3 MOTION Requesting Appointment of Counsel. Referred to GARY R JONES. (jws)

July 15, 2016

July 15, 2016

PACER
10

NOTICE to Florida Attorney General by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
11

MOTION for a Judicial Assignment to a Judge Who is Not a Florida Bar Member to Hear a Request for Preliminary Relief by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
5

FIRST AMENDED COMPLAINT against EIGHTH JUDICIAL CIRCUIT BAR ASSOCIATION INC, FLORIDA BLUE KEY INC, JOHN F HARKNESS, JR, SUPERVISOR OF ELECTIONS filed by GABRIEL HILLEL KAIMOWITZ. (No service copies) (jws) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

Clearinghouse
6

MOTION for Injunctive Relief by GABRIEL HILLEL KAIMOWITZ. (Attachments: # 1 Proposed Order) (jws) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
7

MEMORANDUM of Law in Support of Motions filed by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

Clearinghouse
8

MOTION for Declaratory Relief by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER
9

MOTION for Reasonable Accommodation in a Court or Hearing Room for His Disabilities by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 08/17/2016)

Aug. 17, 2016

Aug. 17, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 5 First Amended Complaint (No service copies), 6 MOTION for Injunctive Relief, 7 Memorandum in Support of Motions, 8 MOTION for Declaratory Relief, 9 MOTION for Reasonable Accommodation in a Court or Hearing Room for His Disabilities, 10 Notice to Florida Attorney General, 11 MOTION for a Judicial Assignment to a Judge Who is Not a Florida Bar Member to Hear a Request for Preliminary Relief. Referred to GARY R JONES. (jws)

Aug. 17, 2016

Aug. 17, 2016

PACER
12

MOTION to Set Aside Referral to Magistrate of Motion for Preliminary Relief by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 08/25/2016)

Aug. 25, 2016

Aug. 25, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: Plaintiff's 12 MOTION to Set Aside. Referred to GARY R JONES. (jws)

Aug. 25, 2016

Aug. 25, 2016

PACER
13

ORDER: Plaintiff's 3 Motion Requesting Appointment of Counsel is DENIED; 9 Motion for Reasonable Accommodation in a Court or Hearing Room for His Disabilities is DENIED as premature; 11 Motion for a Judicial Assignment to a Judge Who is Not a Florida Bar Member is DENIED; 12 Motion to Set Aside Referral to the Magistrate of Motion/Memo is DENIED. Signed by MAGISTRATE JUDGE GARY R JONES on 8/29/2016. (jws) Modified on 9/12/2016 to correct signature date. (jws) (Entered: 08/30/2016)

Aug. 29, 2016

Aug. 29, 2016

PACER
14

ORDER: Plaintiff shall file an amended complaint on the proper form, failing which the Court will without further notice will recommend dismissal of this action for failure to prosecute, failure to comply with an order of this court and for failure to state a cause of action.(Amended Pleadings due by 9/19/2016.). Signed by MAGISTRATE JUDGE GARY R JONES on 8/29/2016. (jws) Modified on 9/12/2016 to correct signature date. (jws) (Entered: 08/30/2016)

Aug. 29, 2016

Aug. 29, 2016

PACER
15

MOTION to Disqualify Magistrate Judge by GABRIEL HILLEL KAIMOWITZ. (Attachments: # 1 Affidavit in Support) (jws) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
16

MOTION to Set Aside Magistrate's 13, 14 Orders of August 30, 2016 by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
17

MOTION to Declare Local Rule 5.7(e) and (b) as Unconstitutional on its Face as Applied by a Biased Magistrate by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER
18

MEMORANDUM in Support re 15, 16, 17 MOTIONS filed by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 09/07/2016)

Sept. 7, 2016

Sept. 7, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: Plaintiff's 15 MOTION to Disqualify Judge, 17 MOTION to Declare Local Rule 5.7(e) and (b) as Unconstitutional, 18 Memorandum in Support of Motions. Referred to GARY R JONES. (jws)

Sept. 7, 2016

Sept. 7, 2016

PACER
19

ORDER AFFIRMING ORDERS OF MAGISTRATE JUDGE: Plaintiff's 16 objections to the Magistrate Judge's order are OVERRULED and the 13, 14 Orders of the Magistrate Judge are AFFIRMED. Signed by JUDGE MARK E WALKER on 9/8/2016. (jws) (Entered: 09/08/2016)

Sept. 8, 2016

Sept. 8, 2016

PACER
20

AFFIDAVIT in Support re 15 MOTION to Disqualify Magistrate Judge filed by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 09/09/2016)

Sept. 9, 2016

Sept. 9, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: Plaintiff's 20 Affidavit in Support of Motion to Disqualify Magistrate Judge. (jws)

Sept. 9, 2016

Sept. 9, 2016

PACER
21

MOTION for Relief from 19 Order Affirming Orders of Magistrate Judge by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 09/13/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
22

MEMORANDUM in Support re 21 MOTION for Relief from 19 Order Affirming Orders of Magistrate Judge filed by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 09/13/2016)

Sept. 12, 2016

Sept. 12, 2016

PACER
23

ORDER DENYING MOTION FOR RELIEF re Plaintiff's 21 Motion for Relief from Order Affirming Orders of Magistrate Judge is DENIED. Signed by JUDGE MARK E WALKER on 9/15/2016. (jws) (Entered: 09/15/2016)

Sept. 15, 2016

Sept. 15, 2016

PACER
24

NOTICE of Filing Waiver of the Service of Summons by SUPERVISOR OF ELECTIONS (HARLAN, WILLIAM) (Entered: 09/16/2016)

Sept. 16, 2016

Sept. 16, 2016

PACER
25

WAIVER OF SERVICE Returned Executed by EIGHTH JUDICIAL CIRCUIT BAR ASSOCIATION INC. EIGHTH JUDICIAL CIRCUIT BAR ASSOCIATION INC waiver sent on 8/17/2016, answer due 10/17/2016. (SPERLING, SHARON) (Entered: 09/19/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
26

MOTION for Temporary, Preliminary, and Permanent Injunctive Relief by GABRIEL HILLEL KAIMOWITZ. (Internal deadline for referral to judge if response not filed earlier: 10/3/2016.) (Attachments: # 1 Affidavit in Support, # 2Proposed Order for TRO, # 3 Proposed Order for Injunctive Relief) (jws) (Entered: 09/20/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER
27

MEMORANDUM in Support re 26 MOTION for Temporary, Preliminary, and Permanent Injunctive Relief filed by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 09/20/2016)

Sept. 19, 2016

Sept. 19, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 14 Order - Amended Complaint due 9/19/2016. None filed to date. Plaintiff's 26 MOTION for Temporary, Preliminary, and Permanent Injunctive Relief, 27 Memorandum in Support of Motion. Referred to GARY R JONES. (jws)

Sept. 20, 2016

Sept. 20, 2016

PACER
28

ORDER re Plaintiff's 15 Motion to Disqualify Judge is DENIED. Signed by MAGISTRATE JUDGE GARY R JONES on 9/21/2016. (jws) (Entered: 09/22/2016)

Sept. 21, 2016

Sept. 21, 2016

PACER
29

ORDER: Alachua County Supervisor of Elections is directed to file a response to Plaintiffs 26 Motion for Preliminary Injunction, by October 17, 2016. The response should include all counter or opposing affidavits, and a responsive brief. The Court will take the matter under advisement upon receipt of the response and determine then whether a hearing to conduct oral argument is necessary. Signed by MAGISTRATE JUDGE GARY R JONES on 9/26/2016. (jws) (Entered: 09/26/2016)

Sept. 26, 2016

Sept. 26, 2016

PACER
30

NOTICE of Appearance by HENRY M COXE, III on behalf of EIGHTH JUDICIAL CIRCUIT BAR ASSOCIATION INC (COXE, HENRY) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
31

NOTICE of Appearance by CHARLES PALMER PILLANS on behalf of EIGHTH JUDICIAL CIRCUIT BAR ASSOCIATION INC (PILLANS, CHARLES) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
32

NOTICE of Appearance by MICHAEL E LOCKAMY on behalf of EIGHTH JUDICIAL CIRCUIT BAR ASSOCIATION INC (LOCKAMY, MICHAEL) (Entered: 09/29/2016)

Sept. 29, 2016

Sept. 29, 2016

PACER
33

MOTION for Relief from an 29 Order of the Magistrate... by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
34

MEMORANDUM in Support of Motions for Relief from Orders of a Magistrate filed by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
35

MOTION for Relief from Legal Fiction Written to Deny Disqualification of a Magistrate by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 09/30/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
36

ORDER AFFIRMING 29 ORDER OF MAGISTRATE JUDGE - Plaintiff's 33 OBJECTIONS to Magistrate's Order are OVERRULED and 29 Order of the Magistrate Judge is AFFIRMED. Signed by JUDGE MARK E WALKER on 9/30/2016. (jws) (Entered: 10/03/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER
37

ORDER AFFIRMING 28 ORDER OF MAGISTRATE JUDGE - Plaintiff's 35 Objections to Magistrate Judge's Orders are OVERRULED and the 28 Order of the Magistrate Judge is AFFIRMED. Signed by JUDGE MARK E WALKER on 9/30/2016. (jws) (Entered: 10/03/2016)

Sept. 30, 2016

Sept. 30, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: Plaintiff's 33 MOTION for Relief from an 29 Order of the Magistrate; 34 Memorandum in Support of Motion; 35 MOTION for Relief from Legal Fiction Written to Deny Disqualification of a Magistrate. Referred to GARY R JONES. (jws)

Sept. 30, 2016

Sept. 30, 2016

PACER

NO LONGER ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is NOT needed Re: Plaintiff's 33 MOTION for Relief from an 29 Order of the Magistrate; 34 Memorandum in Support of Motion; 35 MOTION fo r Relief from Legal Fiction Written to Deny Disqualification of a Magistrate. Motions longer referred. (jws)

Sept. 30, 2016

Sept. 30, 2016

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: Plaintiff's 33 MOTION for Relief from an 29 Order of the Magistrate; 34 Memorandum in Support of Motion; 35 MOTION for Relief from Legal Fiction Written to Deny Disqualification of a Magistrate. (jws)

Sept. 30, 2016

Sept. 30, 2016

PACER
38

CORRECTED MOTION for Relief from Legal Fiction Written to Deny Disqualification of a Magistrate by GABRIEL HILLEL KAIMOWITZ re 35 MOTION for Relief from Legal Fiction...(Attachment(s) # 1 Cover Letter) (jws) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
39

CORRECTED MOTION for Relief from Order Affirming Orders of a Magistrate... by GABRIEL HILLEL KAIMOWITZ re 33 Motion for Relief from Order... (jws) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
40

CORRECTED MEMORANDUM in Support of 38, 39 Corrected Motions for Relief filed by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
41

NOTICE of Filing of Public Information Related to the Election of Judges in Florida in 2016 by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
42

NOTICE of Future Filings in This and Related Cases by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
43

ORDER AFFIRMING 28 ORDER OF MAGISTRATE JUDGE re Plaintiff's 38 objections to the Magistrate Judge's 38 orders are OVERRULED and 28 Order of the Magistrate Judge is AFFIRMED. Signed by JUDGE MARK E WALKER on 10/5/2016. (jws) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER
44

ORDER AFFIRMING 29 ORDER OF MAGISTRATE JUDGE re Plaintiff's 39 objections to Magistrate Judge's 39 order are OVERRULED and the 29 Order of the Magistrate Judge is AFFIRMED. Signed by JUDGE MARK E WALKER on 10/5/2016. (jws) (Entered: 10/05/2016)

Oct. 5, 2016

Oct. 5, 2016

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: Plaintiff's 38 CORRECTED MOTION for Relief from Legal Fiction Written to Deny Disqualification of a Magistrate; 39 CORRECTED MOTION for Relief from Order Affirming Orders of Magistrate Judge; 40 CORRECTED Memorandum in Support of Corrected Motions. (jws)

Oct. 5, 2016

Oct. 5, 2016

PACER
45

MOTION for Authorization to Have Defendant FLORIDA BLUE KEY and JOHN HARKNESS Served Process at Their Expense by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
46

MOTION for Relief from Order of an Article III Judge... by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
47

MOTION for Relief from Orders of an Article III Judge Erroneously Affirming a Magistrate's Right to Nullify... by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
48

MOTION for Disqualification of an Article III Judge... by GABRIEL HILLEL KAIMOWITZ. (Attachments: # 1 Affidavit in Support) (jws) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
49

MEMORANDUM in Support re 48 MOTION for Disqualification of an Article III Judge... filed by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
50

Defendant's ANSWER to 5 Amended Complaint by SUPERVISOR OF ELECTIONS. (HARLAN, WILLIAM) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
51

RESPONSE in Opposition re 26 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction MOTION for Permanent Injunction filed by SUPERVISOR OF ELECTIONS. (Attachments: # 1 Affidavit in Support of Response) (HARLAN, WILLIAM) (Entered: 10/14/2016)

Oct. 14, 2016

Oct. 14, 2016

PACER
52

ORDER DENYING MOTIONS FOR RELIEF: Plaintiff's 46, 47 Motions for Relief treated as motions for reconsideration are DENIED. Should Plaintiff believe there is a basis for interlocutory appeal, then he should appeal to the Eleventh Circuit. Signed by JUDGE MARK E WALKER on 10/17/2016. (jws) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
53

ORDER DENYING DISQUALIFICATION: Plaintiff's 48 Motion for Disqualification of an Article III Judge and attached 49 Memorandum is DENIED. Signed by JUDGE MARK E WALKER on 10/17/2016. (jws) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

PACER
54

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by EIGHTH JUDICIAL CIRCUIT BAR ASSOCIATION INC. (PILLANS, CHARLES) (Entered: 10/17/2016)

Oct. 17, 2016

Oct. 17, 2016

Clearinghouse

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: Plaintiff's 45 MOTION for Authorization to Have Defendant FLORIDA BLUE KEY and JOHN HARKNESS Served Process at Their Expense. Referred to GARY R JONES. (jws)

Oct. 17, 2016

Oct. 17, 2016

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: Plaintiff's 46 MOTION for Relief from Order of an Article III Judge, 47 MOTION for Relief from Orders of an Article III Judge Erroneously Affirming a Magistrate's Right to Nullify..., 48 MOTION to Disqualify Judge w/ 49 Memorandum in Support of Motion. (jws)

Oct. 17, 2016

Oct. 17, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: Defendant SUPERVISOR OF ELECTIONS' 51 Response in Opposition to Plaintiff's 26 MOTION for Temporary, Preliminary, and Permanent Injunctive Relief re 29 Order. (jws)

Oct. 17, 2016

Oct. 17, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by Defendant EIGHTH JUDICIAL CIRCUIT BAR ASSOCIATION INC. Referred to GARY R JONES. (jws)

Oct. 17, 2016

Oct. 17, 2016

PACER
55

REPLY by GABRIEL HILLEL KAIMOWITZ to Defendant SUPERVISOR OF ELECTIONS' 50 Answer to Amended Complaint and 51 Response in Opposition to Plaintiff's 26 MOTION for Temporary Restraining Order... (jws) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
56

MOTION for Extension of Time to File Reply as to 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
57

MOTION for Relief from a 1-Page Order Denying 46, 47 Motions for Relief by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER
58

MOTION for Relief from a 1-Page Order Denying 53 Motion for Disqualification of an Article III Judge by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/18/2016)

Oct. 18, 2016

Oct. 18, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: Plaintiff's 55 REPLY to Defendant SUPERVISOR OF ELECTIONS' 50 Answer to Amended Complaint AND 51 Response in Opposition to Plaintiff's 26 MOTION for Temporary Restraining Order...Plaintiff's 56 MOTION for Extension of Time to File Reply as to 54 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Referred to GARY R JONES. (jws)

Oct. 18, 2016

Oct. 18, 2016

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: Plaintiff's 57, 58 MOTIONS for Relief from 1-Page 52, 53 Orders Denying Motions for Relief and Disqualification. (jws)

Oct. 18, 2016

Oct. 18, 2016

PACER
59

ORDER DENYING MOTIONS FOR RELIEF: Plaintiff's 57, 58 Motions for Relief treated as motions for reconsideration are DENIED. Signed by JUDGE MARK E WALKER on 10/19/2016. (jws) (Entered: 10/19/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
60

ORDER: Plaintiff's 45 Motion for Authorization to Have Defendant FLORIDA BLUE KEY and JOHN HARKNESS Served Process at Their Expense is DENIED as premature. Signed by MAGISTRATE JUDGE GARY R JONES on 10/19/2016. (jws) (Entered: 10/20/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
61

ORDER: Plaintiff's 56 Motion for Extension of Time to File Reply to Motion to Dismiss filed by the Eight Judicial Circuit Bar Association is DENIED as premature. Signed by MAGISTRATE JUDGE GARY R JONES on 10/19/2016. (jws) (Entered: 10/20/2016)

Oct. 19, 2016

Oct. 19, 2016

PACER
62

MOTION for Relief from a 1-Page 59 Order Signed on 10/19/2016 by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/21/2016)

Oct. 21, 2016

Oct. 21, 2016

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: Plaintiff's 62 MOTION for Relief from a 1-Page 59 Order Signed on 10/19/2016. (jws)

Oct. 21, 2016

Oct. 21, 2016

PACER
63

REPORT AND RECOMMENDATION, recommending that 26 Plaintiff's Motion for Temporary, Preliminary and Permanent Injunction be DENIED; 6 Plaintiff's Motion for Injunctive Relief filed by GABRIEL HILLEL KAIMOWITZ, be DENIED; 8 Plaintiff's Motion for Delaratory Relief filed by GABRIEL HILLEL KAIMOWITZ, be DENIED; and 55 Plaintiff's Reply should be STRICKEN. Signed by MAGISTRATE JUDGE GARY R JONES on 10/25/16. Internal deadline for referral to district judge if objections are not filed earlier: 11/22/2016. (grj) (Entered: 10/25/2016)

Oct. 25, 2016

Oct. 25, 2016

Clearinghouse
66

ORDER: Plaintiff's 64 MOTION to Extend Time of Service is GRANTED. Plaintiff must complete service of process on JOHN HARKNESS and FLORIDA BLUE KEY INC, failing which the complaint against these defendants will be dismissed without prejudice. Plaintiff's 64 request to direct the USMS to serve process on John Harkness and Florida Key Inc is DENIED. (Service due by 11/28/2016.). Signed by MAGISTRATE JUDGE GARY R JONES on 10/26/2016. (jws) (Entered: 10/28/2016)

Oct. 26, 2016

Oct. 26, 2016

PACER
64

MOTION to Extend Time to Effect Service by GABRIEL HILLEL KAIMOWITZ. (Attachments: # 1 Affidavit in Support) (jws) (Entered: 10/27/2016)

Oct. 27, 2016

Oct. 27, 2016

PACER
65

MEMORANDUM in Support re 64 MOTION to Extend Time to Effect Service filed by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 10/27/2016)

Oct. 27, 2016

Oct. 27, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: Plaintiff's 64 MOTION to Extend Time to Effect Service w/Affidavit, 65 Memorandum in Support of Motion. Referred to GARY R JONES. (jws)

Oct. 27, 2016

Oct. 27, 2016

PACER
67

RESPONSE to 54 MOTION TO DISMISS filed by Eighth Judicial Circuit Bar Association filed by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 11/01/2016)

Oct. 31, 2016

Oct. 31, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: Plaintiff's 67 Response to 54 MOTION TO DISMISS filed by Eighth Judicial Circuit Bar Association. (jws)

Nov. 1, 2016

Nov. 1, 2016

PACER
68

MOTION for Relief from An 66 Order of a Magistrate... by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER
69

OBJECTION to Magistrate's Unlawful and Unethical Actions on Motions for Injunctive Relief... by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 11/02/2016)

Nov. 2, 2016

Nov. 2, 2016

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed notified that action is needed Re: Plaintiff's 68 MOTION for Relief from An 66 Order of a Magistrate...

Nov. 2, 2016

Nov. 2, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE GARY R JONES notified that action is needed Re: Plaintiff's 69 OBJECTION to Magistrate's Unlawful and Unethical Actions on Motions for Injunctive Relief... (jws)

Nov. 2, 2016

Nov. 2, 2016

PACER

Motions No Longer Referred to Magistrate Judge Gary R Jones: 68 MOTION for Relief from An 66 Order of a Magistrate. (jws)

Nov. 3, 2016

Nov. 3, 2016

PACER
70

ORDER denying 62 Motion for relief from a 1-Page Order signed on 10/19/16. Signed by JUDGE MARK E WALKER on 11/4/16. (bkp) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

Clearinghouse
71

ORDER ACCEPTING REPORT AND RECOMMENDATION granting 6 Motion for Miscellaneous Relief filed by GABRIEL HILLEL KAIMOWITZ, 8 Motion for Miscellaneous Relief filed by GABRIEL HILLEL KAIMOWITZ, 26 Motion for TRO,, Motion for Preliminary Injunction,, Motion for Permanent Injunction, filed by GABRIEL HILLEL KAIMOWITZ. This cause is remanded to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 11/4/16. (bkp)

Nov. 4, 2016

Nov. 4, 2016

Clearinghouse
71

ORDER ACCEPTING REPORT AND RECOMMENDATION granting 6 Motion for Miscellaneous Relief filed by GABRIEL HILLEL KAIMOWITZ, 8 Motion for Miscellaneous Relief filed by GABRIEL HILLEL KAIMOWITZ, 26 Motion for TRO,, Motion for Preliminary Injunction,, Motion for Permanent Injunction, filed by GABRIEL HILLEL KAIMOWITZ. This cause is remanded to the Magistrate Judge for further proceedings. Signed by JUDGE MARK E WALKER on 11/4/16. (bkp) (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

Clearinghouse
72

ORDER AFFIRMING ORDER 66 Order of Magistrate Judge -- and the 68 OBJECTIONS of Mr. Kaimowitz are OVERRULED. [. Signed by JUDGE MARK E WALKER on 11/4/16. (bkp) Modified on 11/15/2016 (bkp) to correct text title (Entered: 11/04/2016)

Nov. 4, 2016

Nov. 4, 2016

Clearinghouse

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: 71 Order Accepting Report and Recommendation remanding cause to the Magistrate Judge for further proceedings. (bkp)

Nov. 4, 2016

Nov. 4, 2016

PACER
73

MOTION to File Amended Complaint... by GABRIEL HILLEL KAIMOWITZ. (Attachments: # 1 Proposed Amended Complaint) (jws) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
74

MOTION for Relief from Orders of November 4, 2016 re 70, 71, 72 Orders by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER
75

MEMORANDUM in Support of 73 MOTION to Amend Complaint, 74 MOTION for Relief from Orders of November 4, 2016 re 70, 71, 72 Orders filed by GABRIEL HILLEL KAIMOWITZ. (jws) (Entered: 11/15/2016)

Nov. 15, 2016

Nov. 15, 2016

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE GARY R JONES notified that action is needed Re: Plaintiff's 73 MOTION to Amend Complaint; 74 MOTION for Relief from Orders of November 4, 2016 re 72 Order; 75 Memorandum in Support of Motions. Referred to GARY R JONES. (jws)

Nov. 15, 2016

Nov. 15, 2016

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: July 15, 2016

Closing Date: Jan. 4, 2018

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Plaintiff was a civil rights attorney.

Public Interest Lawyer: Yes

Filed Pro Se: Yes

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Supervisor of Elections Alachua County, Florida (Alachua), County

Florida Blue Key, Inc., Non-profit or advocacy

John (Jack) F. Harness Jr. , as an individual and in his official capacity as executive director of the Florida Bar, Private Entity/Person

Eighth Judicial Circuit Bar Association, Inc. (Gainesville, Alachua), Non-profit or advocacy

Defendant Type(s):

Jurisdiction-wide

Case Details

Constitutional Clause(s):

Fifteenth Amendment

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None

Source of Relief:

None

Issues

Affected Race(s):

Black

Voting:

Election administration