Case: The Cosac Foundation, Inc. v. Columbia County, Florida

3:23-cv-01499 | U.S. District Court for the Middle District of Florida

Filed Date: Dec. 21, 2023

Closed Date: Oct. 24, 2024

Clearinghouse coding complete

Case Summary

The Cosac Foundation, Inc. (Plaintiff), a non-profit charitable corporation dedicated to helping the homeless, brought this lawsuit on December 21, 2023 against Columbia County, Florida (defendant) in the U.S. District Court for the Middle District of Florida. The plaintiff challenged Columbia County Ordinance NO. 2022-03 (the ordinance), which prohibited solicitation and loitering within or upon any county building or the curtilage of those buildings. Specifically, the plaintiff claimed that t…

The Cosac Foundation, Inc. (Plaintiff), a non-profit charitable corporation dedicated to helping the homeless, brought this lawsuit on December 21, 2023 against Columbia County, Florida (defendant) in the U.S. District Court for the Middle District of Florida. The plaintiff challenged Columbia County Ordinance NO. 2022-03 (the ordinance), which prohibited solicitation and loitering within or upon any county building or the curtilage of those buildings. Specifically, the plaintiff claimed that the ordinance violated the First Amendment because it was an overbroad restriction on speech in traditional public fora. Additionally, the plaintiff claimed that the ordinance was unconstitutionally vague in violation of the Due Process Clause of the Fourteenth Amendment. The plaintiff sought a declaration that the ordinance violated the First and Fourteenth Amendments, both facially and as-applied, a preliminary and permanent injunction against enforcement of the ordinance, all damages permitted by law, and attorneys’ fees and costs. The case was assigned to Judge Marcia Morales Howard. 

On December 22, 2023, the plaintiffs filed a motion for a preliminary injunction. On January 24, 2024, the defendant filed a motion to dismiss. Two days later, the court granted in part and denied in part the plaintiff’s motion for a preliminary injunction. The court found that the plaintiff was substantially likely to succeed on the merits regarding both the First Amendment and the Fourteenth Amendment claims, and it enjoined the defendant from enforcing the ordinance. The court denied the plaintiff’s motion in any other respects. 

On June 28, 2024, the plaintiff moved for summary judgment. After the defendant asked for an extension to file a response to the plaintiff’s motion, the defendant filed a notice of settlement on September 27, 2024. The parties subsequently filed a stipulation of dismissal, and the court dismissed the case with prejudice on October 24, 2024. The terms of the settlement were not made public. The case is now closed.

 

Summary Authors

Connor Mulvena (4/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68109932/parties/the-cosac-foundation-inc-v-columbia-county-florida/


Judge(s)

Howard, Marcia Morales (Florida)

Attorney for Plaintiff

Taseff, Raymond (Florida)

Trevisani, Dante (Florida)

Attorney for Defendant

Erdelyi, Susan S. (Florida)

Favale, Julianna Rose (Florida)

show all people

Documents in the Clearinghouse

Document
1

3:23-cv-01499

Complaint

Dec. 21, 2023

Dec. 21, 2023

Complaint
3

3:23-cv-01499

Motion for Preliminary Injunction

Dec. 22, 2023

Dec. 22, 2023

Pleading / Motion / Brief
21

3:23-cv-01499

Order

Jan. 26, 2024

Jan. 26, 2024

Order/Opinion
47

3:23-cv-01499

Order of Dismissal

Oct. 24, 2024

Oct. 24, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68109932/the-cosac-foundation-inc-v-columbia-county-florida/

Last updated Aug. 23, 2025, 2:19 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT Verified against Columbia County, Florida with Jury Demand (Filing fee $405 receipt number AFLMDC-21591461) filed by The Cosac Foundation, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Taseff, Raymond) (Entered: 12/21/2023)

Dec. 21, 2023

Dec. 21, 2023

Clearinghouse
2

NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Joel B. Toomey. New case number: 3:23-cv-1499-MMH-JBT. (RLK) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

PACER
3

MOTION for Preliminary Injunction by The Cosac Foundation, Inc.. (Attachments: # 1 Exhibit Ex. A Ordinance 2022-23, # 2 Exhibit Ex. B Declaration Leonardo, # 3 Exhibit Ex. C Courthouse Protest 2020, # 4 Exhibit Ex. D Courthouse Protest 2021, # 5 Exhibit Ex. E Courthouse Information, # 6 Exhibit Ex. F County Park Information)(Taseff, Raymond) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

Clearinghouse
4

ORDER taking under advisement 3 Motion for Preliminary Injunction filed by The Cosac Foundation, Inc. See Order for details. Signed by Judge Marcia Morales Howard on 12/22/2023. (JPA) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

PACER
5

SUMMONS issued as to Columbia County, Florida. (ABC) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

PACER
6

NOTICE TO COUNSEL Ray Taseff and Dante Trevisani of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (ABC) (Entered: 12/22/2023)

Dec. 22, 2023

Dec. 22, 2023

PACER

Case Assigned/Reassigned

Dec. 22, 2023

Dec. 22, 2023

PACER

Notice to Counsel of Local Rule

Dec. 22, 2023

Dec. 22, 2023

PACER
7

NOTICE by The Cosac Foundation, Inc. Notice of Lead Counsel Designation (Taseff, Raymond) (Entered: 12/26/2023)

Dec. 26, 2023

Dec. 26, 2023

PACER
8

NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) (Entered: 12/28/2023)

Dec. 28, 2023

Dec. 28, 2023

PACER

Notice to Counsel of Local Rule

Dec. 28, 2023

Dec. 28, 2023

PACER
9

NOTICE of Filing Proposed Order re 3 MOTION for Preliminary Injunction by The Cosac Foundation, Inc. (Attachments: # 1 Text of Proposed Order)(Taseff, Raymond) Modified on 1/3/2024 as to docket text (ARL). (Entered: 01/02/2024)

Jan. 2, 2024

Jan. 2, 2024

PACER
10

RETURN of service executed on 1/3/2024 by The Cosac Foundation, Inc. as to Columbia County, Florida. (Taseff, Raymond) Modified text on 1/5/2024 (LNR). (Entered: 01/03/2024)

Jan. 3, 2024

Jan. 3, 2024

PACER
11

ORDER: This matter is set for a hearing on 3 Plaintiff's Motion for Preliminary Injunction on Thursday, January 25, 2024, at 2:00 p.m., before the undersigned. See Order for details and briefing schedule. Signed by Judge Marcia Morales Howard on 1/4/2024. (JPA) (Entered: 01/04/2024)

Jan. 4, 2024

Jan. 4, 2024

PACER
12

NOTICE of Appearance by Andrew Udelsman on behalf of The Cosac Foundation, Inc. (Udelsman, Andrew) (Entered: 01/05/2024)

Jan. 5, 2024

Jan. 5, 2024

PACER
13

NOTICE of Appearance by Susan S. Erdelyi on behalf of Columbia County, Florida (Erdelyi, Susan) (Entered: 01/05/2024)

Jan. 5, 2024

Jan. 5, 2024

PACER
14

NOTICE of compliance by The Cosac Foundation, Inc. (Taseff, Raymond) (Entered: 01/05/2024)

Jan. 5, 2024

Jan. 5, 2024

PACER
15

TIME SENSITIVE UNOPPOSED MOTION to Extend Deadline to File Response to Plaintiff's Motion for Preliminary Injunction by Columbia County, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Joel B. Toomey. Modified on 1/11/2024 chambers notified (ELM). (Entered: 01/11/2024)

Jan. 11, 2024

Jan. 11, 2024

PACER
16

ENDORSED ORDER granting 15 Defendant Columbia County's Unopposed Motion to Extend Deadline to File Response to Plaintiff's Motion for Preliminary Injunction. Defendant shall file its Response no later than January 16, 2024, at 1:00 p.m. All other deadlines remain the same. Signed by Judge Marcia Morales Howard on 1/11/2024. (JPA) (Entered: 01/11/2024)

Jan. 11, 2024

Jan. 11, 2024

PACER

Order on Motion for Extension of Time to File Response / Reply

Jan. 11, 2024

Jan. 11, 2024

PACER
17

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by Columbia County, Florida. (Attachments: # 1 Affidavit Joel Foreman Declaration, # 2 Affidavit Leslie Dow Declaration, # 3 Affidavit Joann Brady Declaration, # 4 Affidavit Lt. Chris Sharp Declaration)(Erdelyi, Susan) (Entered: 01/16/2024)

Jan. 16, 2024

Jan. 16, 2024

PACER
18

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by The Cosac Foundation, Inc.. (Trevisani, Dante) (Entered: 01/18/2024)

Jan. 18, 2024

Jan. 18, 2024

PACER
19

MOTION to Dismiss Plaintiff's Complaint for Declaratory and Injunctive Relief by Columbia County, Florida. (Erdelyi, Susan) (Entered: 01/24/2024)

Jan. 24, 2024

Jan. 24, 2024

PACER
20

Minute Entry. In Person Proceedings held before Judge Marcia Morales Howard: PRELIMINARY INJUNCTION HEARING held on 1/25/2024; granting in part and denying in part 3 Plaintiff's Motion for Preliminary Injunction; denying 19 Defendant's Motion to Dismiss; and staying case management obligations. Notice due March 28, 2024. Joint Uniform Case Management Report due April 11, 2024, if the case is not resolved. Court Reporter: Katharine Healey (JW) (Entered: 01/26/2024)

Jan. 25, 2024

Jan. 25, 2024

PACER
21

ORDER granting in part and denying without prejudice in part 3 Plaintiff's Motion for Preliminary Injunction. Signed by Judge Marcia Morales Howard on 1/26/2024, nunc pro tunc to January 25, 2024, at 3:26 p.m. EST. (JW) (Entered: 01/26/2024)

Jan. 26, 2024

Jan. 26, 2024

Clearinghouse
22

Joint NOTICE Regarding Settlement Negotiations and MOTION Request for Extension of Case Management Report Filing Deadline by Columbia County, Florida (Erdelyi, Susan) Modified on 3/27/2024 as to event type(ARL). (Entered: 03/26/2024)

March 26, 2024

March 26, 2024

PACER
23

ENDORSED ORDER granting 22 Joint Notice Regarding Settlement Negotiations and Request for Extension of Case Management Report Filing Deadline. The case management obligations remain stayed. No later than May 13, 2024, the parties shall file either a notice advising the Court that this matter has been resolved or a Joint Uniform Case Management Report. Signed by Judge Marcia Morales Howard on 3/27/2024. (JW) (Entered: 03/27/2024)

March 27, 2024

March 27, 2024

PACER

Order on Motion for Miscellaneous Relief

March 27, 2024

March 27, 2024

PACER
24

NOTICE of change of address by Dante Trevisani (Trevisani, Dante) (Entered: 04/24/2024)

April 24, 2024

April 24, 2024

PACER
25

NOTICE of change of address by Andrew Udelsman (Udelsman, Andrew) (Entered: 04/26/2024)

April 26, 2024

April 26, 2024

PACER
26

NOTICE of change of address by Raymond Taseff (Taseff, Raymond) (Entered: 05/08/2024)

May 8, 2024

May 8, 2024

PACER
27

Joint MOTION for Extension of Time to File Case Management Report by Columbia County, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 05/13/2024)

May 13, 2024

May 13, 2024

PACER
28

ENDORSED ORDER granting 27 Joint Motion to Extend Case Management Report Filing Deadline. No later than June 3, 2024, the parties shall file either a notice advising the Court that this matter has been resolved or a Joint Uniform Case Management Report. Signed by Magistrate Judge Joel B. Toomey on 5/15/2024. (KLA) (Entered: 05/15/2024)

May 15, 2024

May 15, 2024

PACER

Order on Motion for Extension of Time to File

May 15, 2024

May 15, 2024

PACER
29

CASE MANAGEMENT REPORT. (Erdelyi, Susan) (Entered: 06/03/2024)

June 3, 2024

June 3, 2024

PACER
30

CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Disclosure statements due by 6/17/2024. Notice regarding mediator due by 9/18/2024. Discovery due by 11/12/2024. Dispositive motions due by 12/6/2024. Conduct mediation hearing by 12/18/2024. Final Pretrial Conference set for 5/19/2025 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 6/2/2025 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 6/4/2024. (JW) (Entered: 06/04/2024)

June 4, 2024

June 4, 2024

PACER
31

CORPORATE Disclosure Statement by Columbia County, Florida. (Erdelyi, Susan) (Entered: 06/06/2024)

June 6, 2024

June 6, 2024

PACER
32

ANSWER and affirmative defenses to 1 Complaint with Jury Demand by Columbia County, Florida.(Erdelyi, Susan) (Entered: 06/14/2024)

June 14, 2024

June 14, 2024

PACER
33

CORPORATE Disclosure Statement by The Cosac Foundation, Inc.. (Taseff, Raymond) (Entered: 06/14/2024)

June 14, 2024

June 14, 2024

PACER
34

MOTION for Summary Judgment by The Cosac Foundation, Inc.. (Taseff, Raymond) (Entered: 06/28/2024)

June 28, 2024

June 28, 2024

PACER
35

SUMMARY JUDGMENT NOTICE AND COURTESY COPIES. Signed by Deputy Clerk on 7/1/2024. (JW) (Entered: 07/01/2024)

July 1, 2024

July 1, 2024

PACER
36

Case Reassigned to Magistrate Judge Samuel J. Horovitz. New case number: 3:23-cv-01499-MMH-SJH. Magistrate Judge J. B. Toomey no longer assigned to the case. (BD) (Entered: 07/09/2024)

July 9, 2024

July 9, 2024

PACER

Case Assigned/Reassigned

July 9, 2024

July 9, 2024

PACER
37

MOTION for Extension of Time to File Response to 34 Motion for Summary Judgment by Columbia County, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Samuel J. Horovitz. Modified event type, text, and linked entries on 7/18/2024 (GL). (Entered: 07/18/2024)

July 18, 2024

July 18, 2024

PACER
38

ENDORSED ORDER granting 37 Unopposed Motion of Defendant Columbia County to Extend Deadline to File Response to Plaintiff's Motion for Summary Judgment. Defendant shall have up to and including August 19, 2024, to respond to Plaintiff's Motion for Summary Judgment 34. Signed by Magistrate Judge Samuel J. Horovitz on 7/19/2024. (TSP) (Entered: 07/19/2024)

July 19, 2024

July 19, 2024

PACER

Order on Motion for Extension of Time to File Response / Reply

July 19, 2024

July 19, 2024

PACER
39

Second Unopposed MOTION for Extension of Time to File Response to Plaintiff's Motion for Summary Judgment by Columbia County, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Samuel J. Horovitz. Modified text on 8/20/2024 (ABM). (Entered: 08/19/2024)

Aug. 19, 2024

Aug. 19, 2024

PACER
40

ORDER granting Defendant's 39 Second Unopposed Motion of Defendant Columbia County to Extend Deadline to File Response to Plaintiff's Motion for Summary Judgment [Time Sensitive]. Defendant shall have until September 30, 2024, to respond to 34 Plaintiff's Motion for Summary Judgment. The parties shall also comply with Local Rule 3.09(a) and immediately file a notice after agreeing to resolve all or part of this action. Signed by Magistrate Judge Samuel J. Horovitz on 8/20/2024. (KTQ) (Entered: 08/20/2024)

Aug. 20, 2024

Aug. 20, 2024

PACER
41

Joint MOTION for Extension of Time to File Notice of Mediation by Columbia County, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 09/18/2024)

Sept. 18, 2024

Sept. 18, 2024

PACER
42

ENDORSED ORDER granting the parties' 41 Joint Motion to Extend Deadline to File Notice of Mediation. On or before October 18, 2024, the parties shall give notice of mediation in accordance with the 30 Case Management and Scheduling Order and Referral to Mediation ("CMSO"). The case management deadlines are not otherwise altered, and all other deadlines in the CMSO remain. The granting of this Motion shall not serve as a basis for the parties seeking to extend any other deadlines in the CMSO. The parties shall also comply with Local Rule 3.09(a) and immediately file a notice after agreeing to resolve all or part of this action. Signed by Magistrate Judge Samuel J. Horovitz on 9/19/2024. (KTQ) (Entered: 09/19/2024)

Sept. 19, 2024

Sept. 19, 2024

PACER

Order on Motion for Extension of Time to File

Sept. 19, 2024

Sept. 19, 2024

PACER
43

NOTICE of settlement by Columbia County, Florida (Erdelyi, Susan) (Entered: 09/27/2024)

Sept. 27, 2024

Sept. 27, 2024

PACER
44

ORDER directing administrative closure of case. The parties shall have until November 27, 2024, to file a joint stipulation of dismissal. Signed by Judge Marcia Morales Howard on 9/30/2024. (JW) (Entered: 09/30/2024)

Sept. 30, 2024

Sept. 30, 2024

PACER
45

NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JTM) (Entered: 10/01/2024)

Oct. 1, 2024

Oct. 1, 2024

PACER

Notice to Counsel of Local Rule

Oct. 1, 2024

Oct. 1, 2024

PACER
46

STIPULATION of Dismissal by Columbia County, Florida. (Erdelyi, Susan) (Entered: 10/23/2024)

Oct. 23, 2024

Oct. 23, 2024

PACER
47

ORDER dismissing case with prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 10/24/2024. (JW) (Entered: 10/24/2024)

Oct. 24, 2024

Oct. 24, 2024

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Dec. 21, 2023

Closing Date: Oct. 24, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Cosac Foundation, Inc. is a non-profit organization dedicated to helping the homeless.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida (Columbia), County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Poverty/homelessness