Case: De La Fuente Guerra v. Florida

4:16-cv-00196 | U.S. District Court for the Northern District of Florida

Filed Date: March 29, 2016

Closed Date: Aug. 1, 2016

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Case Summary

This case is an action alleging that Florida Election Law infringes on third party candidates' ability to run for public office. On March 29, 2016, plaintiff, a candidate for President of the United States desiring to have his name put on the 2016 Presidential ballot in Florida, filed suit in the Northern District of Florida against the Secretary of State of Florida and the State of Florida. Plaintiff alleged violations of Florida State Law FS 103.021(3); the Elections Clause of the US Constit…

This case is an action alleging that Florida Election Law infringes on third party candidates' ability to run for public office.

On March 29, 2016, plaintiff, a candidate for President of the United States desiring to have his name put on the 2016 Presidential ballot in Florida, filed suit in the Northern District of Florida against the Secretary of State of Florida and the State of Florida. Plaintiff alleged violations of Florida State Law FS 103.021(3); the Elections Clause of the US Constitution; and the First and Fourteenth Amendments. Plaintiff claimed that he sought ballot placement as a no-party-affiliated candidate for president, but the petition requirement in Florida (which required signatures from 1% of the registered electors of the state for the last general election. Plaintiff sought injunctive relief to be placed on the 2016 presidential ballot in Florida.

Defendant denied there was any controversy between the parties, as Plaintiff did not ever file any sort of certificate of qualifying petitions. Defendant also noted that Plaintiff was a registered Democrat (i.e., was not non-affiliated) and had qualified as a candidate for the United States Senate. Defendant also made reference to a prior case where Plaintiff made similar claims, which were dismissed as frivolous.

	Document
1 4:16-cv-00196	Plaintiff's Complaint for Declaratory and Injunctive Relief De La Fuente Guerra v. State of Florida	March 29, 2016	March 29, 2016 Complaint
9 4:16-cv-00196	Florida Secretary of State's Answer De La Fuente Guerra v. State of Florida	May 17, 2016	May 17, 2016 Pleading / Motion / Brief
10 4:16-cv-00196	Defendant Florida Secretary of State's Rule 26(f) Report De La Fuente Guerra v. State of Florida	June 22, 2016	June 22, 2016 Pleading / Motion / Brief
11 4:16-cv-00196	Order to Show Cause Why the Case Should Not Be Dismissed for Failure to Prosecute De La Fuente Guerra v. State of Florida	June 26, 2016	June 26, 2016 Order/Opinion
12 4:16-cv-00196	Response to Order to Show Cause De La Fuente Guerra v. State of Florida	July 19, 2016	July 19, 2016 Pleading / Motion / Brief
13 4:16-cv-00196	Defendant Florida Secretary of State's Motion for Rule 11 Sanctions De La Fuente Guerra v. State of Florida	July 21, 2016	July 21, 2016 Pleading / Motion / Brief
14 4:16-cv-00196	Response to Motion for Rule 11 Sanctions De La Fuente Guerra v. State of Florida	July 26, 2016	July 26, 2016 Pleading / Motion / Brief
15 4:16-cv-00196	Response to Defendant's Rule 26(f) Report De La Fuente Guerra v. State of Florida	July 27, 2016	July 27, 2016 Pleading / Motion / Brief
16 4:16-cv-00196	Notice of Voluntary Dismissal De La Fuente Guerra v. State of Florida	July 28, 2016	July 28, 2016 Pleading / Motion / Brief
17 4:16-cv-00196	Order of Dismissal De La Fuente Guerra v. State of Florida	Aug. 1, 2016	Aug. 1, 2016 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against KENNETH W DETZNER, STATE OF FLORIDA ( Filing fee $ 400 receipt number CFLNDC-3534723.), filed by Roque De La Fuenta Guerra. (Attachments: # 1 Cover Sheet) (STEINBERG, MICHAEL) (Entered: 03/29/2016) 1 Cover Sheet View on RECAP	March 29, 2016	March 29, 2016 Clearinghouse
2	DOCKET ANNOTATION BY COURT: DOCKET ANNOTATION BY COURT to Attorney Steinberg re: 1 Complaint. A reminder that party names (including aliases) are to be added using all caps and no punctuation. (See "Style Guide for Electronic Case Filing," available on Clerk's website.) The party names will be corrected by the clerk. Further, counsel is advised by this entry, that a Civil Cover Sheet should be filed as a separate entry using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents". (cle) (cle) (Entered: 03/30/2016)	March 29, 2016	March 29, 2016 PACER
3	NOTICE of Filing Proposed Summons to Ken Detzner, Secretary of State of Florida by ROQUE DE LA FUENTE GUERRA (Attachments: # 1 Summons) (STEINBERG, MICHAEL) (Entered: 04/01/2016)	April 1, 2016	April 1, 2016 PACER
4	Summons Issued as to KENNETH W DETZNER. (cle) (Entered: 04/04/2016)	April 4, 2016	April 4, 2016 PACER
5	NOTICE of Filing Proof of Service on Ken Detzner by ROQUE DE LA FUENTE GUERRA (Attachments: # 1 Proof of Service) (STEINBERG, MICHAEL) (Entered: 04/27/2016)	April 27, 2016	April 27, 2016 PACER
6	NOTICE of Appearance by DAVID ANDREW FUGETT on behalf of KENNETH W DETZNER (FUGETT, DAVID) (Entered: 05/03/2016)	May 3, 2016	May 3, 2016 PACER
7	INITIAL SCHEDULING ORDER - Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 5/23/2016. Rule 26 Meeting Report due by 6/21/2016. Discovery due by 8/31/2016. Signed by JUDGE ROBERT L HINKLE on 5/8/2016. (cle) (Entered: 05/09/2016)	May 8, 2016	May 8, 2016 PACER
8	NOTICE of Appearance by ADAM SCOTT TANENBAUM on behalf of KENNETH W DETZNER (TANENBAUM, ADAM) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016 PACER
9	ANSWER to 1 Complaint by KENNETH W DETZNER, STATE OF FLORIDA. (DAVIS, ASHLEY) (Entered: 05/17/2016)	May 17, 2016	May 17, 2016 Clearinghouse
10	REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Exhibit Federal Candidate Oath) (FUGETT, DAVID) (Entered: 06/22/2016) 1 Exhibit Federal Candidate Oath View on RECAP	June 22, 2016	June 22, 2016 Clearinghouse
11	ORDER TO SHOW CAUSE WHY THE CASE SHOULD NOT BE DISMISSED FOR FAILURE TO PROSECUTE - re: 7 Initial Scheduling Order. The plaintiff must show cause by 7/14/2016, why this case should not be dismissed for failure to prosecute and for failure to comply with Federal Rule of Civil Procedure 26(f) and the Initial Scheduling Order. Signed by JUDGE ROBERT L HINKLE on 6/26/2016. (cle) (Entered: 06/28/2016)	June 26, 2016	June 26, 2016 Clearinghouse
12	RESPONSE TO ORDER TO SHOW CAUSE by ROQUE DE LA FUENTE GUERRA. (STEINBERG, MICHAEL) (Entered: 07/19/2016)	July 19, 2016	July 19, 2016 Clearinghouse
13	MOTION for Sanctions Rule 11 by KENNETH W DETZNER, STATE OF FLORIDA. (GLOGAU, JONATHAN) (Entered: 07/21/2016)	July 21, 2016	July 21, 2016 Clearinghouse
14	RESPONSE to Motion re 13 MOTION for Sanctions Rule 11 filed by ROQUE DE LA FUENTE GUERRA. (STEINBERG, MICHAEL) (Entered: 07/26/2016)	July 26, 2016	July 26, 2016 Clearinghouse
15	RESPONSE by ROQUE DE LA FUENTE GUERRA re 10 Report of Rule 26(f) Planning Meeting . (STEINBERG, MICHAEL) (Entered: 07/27/2016)	July 27, 2016	July 27, 2016 Clearinghouse
16	NOTICE of Voluntary Dismissal by ROQUE DE LA FUENTE GUERRA (Attachments: # 1 Exhibit A) (STEINBERG, MICHAEL) (Entered: 07/28/2016) 1 Exhibit A View on RECAP	July 28, 2016	July 28, 2016 Clearinghouse
17	ORDER OF DISMISSAL - The notice of voluntary dismissal, ECF No. 16, is deemed a motion for voluntary dismissal. The motion is granted. The clerk must enter judgment stating, "This case was resolved by voluntary dismissal. The case is dismissed under Federal Rule of Civil Procedure 41(a)." The motion for sanctions, ECF No. 13, is denied. Signed by JUDGE ROBERT L HINKLE on 8/1/2016. (vkm) (Entered: 08/01/2016)	Aug. 1, 2016	Aug. 1, 2016 RECAP
18	CLERK'S JUDGMENT entered pursuant to 17 ORDER OF DISMISSAL. (vkm) (Entered: 08/01/2016)	Aug. 1, 2016	Aug. 1, 2016 PACER

Case: De La Fuente Guerra v. Florida

4:16-cv-00196 | U.S. District Court for the Northern District of Florida

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