Case: Cubanos Pa'lante v. Florida House of Representatives

1:24-cv-21983 | U.S. District Court for the Southern District of Florida

Filed Date: May 23, 2024

Case Ongoing

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Case Summary

This case concerns allegations of racial gerrymandering against Cuban-Americans in Miami.  On May 23, 2024 Cubanos Pa’lante, Engage Miami, The Florida International University chapter of the ACLU and several Florida residents filed suit against the Florida House of Representatives as well as the Florida Secretary of State in his official capacity. Plaintiffs were represented by the ACLU of Florida and private counsel. Plaintiffs challenged the legislature’s redistricting plan under the Voting R…

This case concerns allegations of racial gerrymandering against Cuban-Americans in Miami. 

On May 23, 2024 Cubanos Pa’lante, Engage Miami, The Florida International University chapter of the ACLU and several Florida residents filed suit against the Florida House of Representatives as well as the Florida Secretary of State in his official capacity. Plaintiffs were represented by the ACLU of Florida and private counsel. Plaintiffs challenged the legislature’s redistricting plan under the Voting Rights Act and the Equal Protection Clause of the Fourteenth Amendment, alleging that it diluted the votes of Cuban Americans living the Miami area by lumping them together with other Hispanic groups for the purposes of creating a majority-minority district despite the fact that Cuban Americans have different voting preferences from other Hispanic voters. Specifically, plaintiffs challenged three Congressional Districts—26, 27, and 28—and seven State House districts—112, 113, 114, 115, 116, 118, and 119—for being in violation of the Fourteenth Amendment. Plaintiffs sought declaratory relief declaring the challenged districts unconstitutional, injunctive relief permanently enjoining defendants from utilizing the challenged districts, and attorneys’ fees and costs. Plaintiffs filed suit in the Southern District of Florida, where the case was assigned to a three-judge panel composed of Judges Britt Grant, Rodolfo Ruiz II and Jacquelina Becerra. 

On June 25, 2024 plaintiffs filed an amended complaint in which they provided additional information about the plaintiffs and their factual allegations. 

On September 26, 2024 plaintiffs filed a second amended complaint in which they added a new Florida Resident plaintiff, presented alternative maps developed during their trial preparation, removed an allegation regarding an alternative congressional map submitted during the legislative process, and updated their factual allegations with new information discovered during their investigation of the case.

On October 7, 2024, Defendants’ filed a motion to dismiss the second amended complaint for failure to state a claim. 

On February 13, 2025 the court granted in part and denied in part defendants' motion to dismiss. 766 F.Supp.3d 1204. The court granted the motion with regards to plaintiffs’ claims that the Florida Legislature racially gerrymandered Congressional Districts 27 and 28 in violation of the 14th Amendment for failure to state a plausible claim because they did not show that race was the overriding factor in districting decisions for those congressional districts. The court denied defendants’ motion to dismiss with regards to the plaintiff's claims that the Florida Legislature racially gerrymandered other legislative districts because the "bizarreness" of the districts' shapes provided persuasive evidence that race was the legislature's dominant and controlling rationale. The court noted that if plaintiffs wanted to proceed with their challenge to Congressional Districts 27 and 29 they will need to file a third amended complaint which provides plausible evidence of a racial gerrymander. 

Defendants filed a motion for summary judgment on August 4, 2025. On November 21, 2025, the court granted in part and denied in part the motion for summary judgment. The court granted summary judgment as to State House Districts 112, 113, 114 and 116, and denied summary judgment as to State House Districts 115, 118 and 119, and Congressional District 26. The court examined the question whether there was sufficient record evidence to create a genuine dispute of material fact as to whether race predominated in the design of each of the challenged districts and found that plaintiffs offered sufficient direct and circumstantial evidence from which a factfinder could conclude that race played a predominant role in the drawing of some districts but not for others. The case continued on State House Districts 115, 118 and 119, and Congressional District 26. 

A bench trial began on January 13, 2026 and was completed on January 16, 2026. As of April 4, 2026, the parties are awaiting the court's decision. 

Summary Authors

Daria Wick (2/5/2025)

Liat Sinclair (4/4/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68557718/parties/cubanos-palante-v-florida-house-of-representatives/


Judge(s)

Becerra, Jacqueline (Florida)

Attorney for Plaintiff
Attorney for Defendant

Bardos, Andre Velosy (Florida)

Beato, Michael Robert (Florida)

Bogart, Joseph Scott (Florida)

Cartaya, Carmen Maria (Florida)

Documents in the Clearinghouse

Documents in this case
1

1:24-cv-21983

Complaint

May 23, 2024

May 23, 2024

Complaint
31

1:24-cv-21983

First Amended Complaint

June 25, 2024

June 25, 2024

Complaint
58

1:24-cv-21983

Second Amended Complaint

Sept. 26, 2024

Sept. 26, 2024

Complaint
88

1:24-cv-21983

Order on Motions to Dismiss

Feb. 13, 2025

Feb. 13, 2025

Order/Opinion

766 F.Supp.3d 1204

148

1:24-cv-21983

Order Granting in Part and Denying in Part Motion for Summary Judgment

Nov. 21, 2025

Nov. 21, 2025

Order/Opinion

810 F.Supp.3d 1292

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68557718/cubanos-palante-v-florida-house-of-representatives/

Last updated July 28, 2026, 7:22 p.m.

ECF Number Date Description Link
1 May 23, 2024

COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17552246, filed by Michael Rivero, FIU ACLU Club, Arlene Goldberg, Engage Miami, Inc., Genesis M. Castilla Falcon, Cubanos Pa'lante, Cindy Polo, Luis Sorto. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Warren, Nicholas) (Entered: 05/23/2024)

1 Civil Cover Sheet

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2 Summon(s)

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Clearinghouse
2 May 23, 2024

Clerks Notice of Judge Assignment to Judge Jacqueline Becerra. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (ar24) (Entered: 05/23/2024)

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3 May 23, 2024

Summons Issued as to Florida House of Representatives, Florida Secretary of State. (ar24) (Entered: 05/23/2024)

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4 May 23, 2024

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jorge L. Vasquez, Jr.. Filing Fee $ 200.00 Receipt # AFLSDC-17552883 by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Arlene Goldberg, Cindy Polo, Michael Rivero, Luis Sorto. Responses due by 6/6/2024. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Warren, Nicholas) (Entered: 05/23/2024)

1 Certification

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2 Text of Proposed Order

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5 May 23, 2024

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew J. Frackman. Filing Fee $ 200.00 Receipt # AFLSDC-17552896 by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Arlene Goldberg, Cindy Polo, Michael Rivero, Luis Sorto. Responses due by 6/6/2024. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Warren, Nicholas) (Entered: 05/23/2024)

1 Certification

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2 Text of Proposed Order

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6 May 23, 2024

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brian P. Quinn. Filing Fee $ 200.00 Receipt # AFLSDC-17552925 by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Arlene Goldberg, Cindy Polo, Michael Rivero, Luis Sorto. Responses due by 6/6/2024. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Warren, Nicholas) (Entered: 05/23/2024)

1 Certification

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2 Text of Proposed Order

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7 May 23, 2024

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Patrick J. Jones. Filing Fee $ 200.00 Receipt # AFLSDC-17552929 by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Arlene Goldberg, Cindy Polo, Michael Rivero, Luis Sorto. Responses due by 6/6/2024. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Warren, Nicholas) (Entered: 05/23/2024)

1 Certification

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2 Text of Proposed Order

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8 May 23, 2024

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Emily Murphy. Filing Fee $ 200.00 Receipt # AFLSDC-17552937 by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Arlene Goldberg, Cindy Polo, Michael Rivero, Luis Sorto. Responses due by 6/6/2024. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Warren, Nicholas) (Entered: 05/23/2024)

1 Certification

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2 Text of Proposed Order

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9 May 23, 2024

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Gabrielle S. Jackson. Filing Fee $ 200.00 Receipt # AFLSDC-17552943 by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Arlene Goldberg, Cindy Polo, Michael Rivero, Luis Sorto. Responses due by 6/6/2024. (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Warren, Nicholas) (Entered: 05/23/2024)

1 Certification

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2 Text of Proposed Order

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10 May 23, 2024

"STRICKEN" SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Michael Rivero, FIU ACLU Club, Arlene Goldberg, Engage Miami, Inc., Genesis M. Castilla Falcon, Cubanos Pa'lante, Cindy Polo, Luis Sorto. All Defendants. (Warren, Nicholas) Modified on 5/24/2024 (ls). (per DE #13) (Entered: 05/23/2024)

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11 May 23, 2024

CERTIFICATE OF SERVICE by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Arlene Goldberg, Cindy Polo, Michael Rivero, Luis Sorto on Florida Attorney General (Warren, Nicholas) (Entered: 05/23/2024)

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May 23, 2024

Clerk's Notice of Judge Assignment and Optional Consent

12 May 24, 2024

Clerk's Notice to Filer re 10 Summons Returned Executed,. Document Not Captioned; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The Filer must File a Notice of Striking, then refile the document with the proper caption pursuant to Local Rules. AND Docket Text Does Not Match Document; ERROR - The Filer failed to follow the instructions: ATTENTION!!! DO NOT SELECT ANY GROUPS!!! HOLD DOWN THE CONTROL BUTTON (Ctrl) AND SELECT INDIVIDUALS ONLY!!! when filing the event. (ls) (Entered: 05/24/2024)

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13 May 24, 2024

NOTICE of Striking 10 Summons Returned Executed, filed by Genesis M. Castilla Falcon, FIU ACLU Club, Engage Miami, Inc., Luis Sorto, Michael Rivero, Cindy Polo, Cubanos Pa'lante, Arlene Goldberg by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Arlene Goldberg, Cindy Polo, Michael Rivero, Luis Sorto (Warren, Nicholas) (Entered: 05/24/2024)

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14 May 24, 2024

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Michael Rivero, FIU ACLU Club, Arlene Goldberg, Engage Miami, Inc., Genesis M. Castilla Falcon, Cubanos Pa'lante, Cindy Polo, Luis Sorto. Florida House of Representatives served on 5/23/2024, response/answer due 6/13/2024; Florida Secretary of State served on 5/23/2024, response/answer due 6/13/2024. (Warren, Nicholas) Modified Text on 5/24/2024 (ls). (Entered: 05/24/2024)

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15 May 24, 2024

PAPERLESS ORDER. THIS CAUSE came before the Court on the Motion to Appear Pro Hac Vice filed by Jorge L. Vasquez, Jr. of the law firm of Vasquez Segarra LLP. ECF No. 4 . Upon due consideration of the Motion and all relevant factors, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. 4, is GRANTED as to Jorge L. Vasquez, Jr. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Jacqueline Becerra on 5/24/2024. (nsy) (Entered: 05/24/2024)

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16 May 24, 2024

PAPERLESS ORDER. THIS CAUSE came before the Court on the Motion to Appear Pro Hac Vice filed by Andrew J. Frackman of the law firm of O'Melveny & Myers LLP. ECF No. 5 . Upon due consideration of the Motion and all relevant factors, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. 5, is GRANTED as to Andrew J. Frackman. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Jacqueline Becerra on 5/24/2024. (nsy) (Entered: 05/24/2024)

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17 May 24, 2024

PAPERLESS ORDER. THIS CAUSE came before the Court on the Motion to Appear Pro Hac Vice filed by Brian P. Quinn of the law firm of O'Melveny & Myers LLP. ECF No. 6 . Upon due consideration of the Motion and all relevant factors, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. 6, is GRANTED as to Brian P. Quinn. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Jacqueline Becerra on 5/24/2024. (nsy) (Entered: 05/24/2024)

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18 May 24, 2024

PAPERLESS ORDER. THIS CAUSE came before the Court on the Motion to Appear Pro Hac Vice filed by Patrick J. Jones of the law firm of O'Melveny & Myers LLP. ECF No. 7 . Upon due consideration of the Motion and all relevant factors, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. 7], is GRANTED as to Patrick J. Jones. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Jacqueline Becerra on 5/24/2024. (nsy) (Entered: 05/24/2024)

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19 May 24, 2024

PAPERLESS ORDER. THIS CAUSE came before the Court on the Motion to Appear Pro Hac Vice filed by Emily Murphy of the law firm of O'Melveny & Myers LLP. ECF No. 8 . Upon due consideration of the Motion and all relevant factors, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. 8, is GRANTED as to Emily Murphy. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Jacqueline Becerra on 5/24/2024. (nsy) (Entered: 05/24/2024)

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20 May 24, 2024

PAPERLESS ORDER. THIS CAUSE came before the Court on the Motion to Appear Pro Hac Vice filed by Gabrielle S. Jackson of the law firm of O'Melveny & Myers LLP. ECF No. 9 . Upon due consideration of the Motion and all relevant factors, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. 9, is GRANTED as to Gabrielle S. Jackson. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsel's pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Jacqueline Becerra on 5/24/2024. (nsy) (Entered: 05/24/2024)

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May 24, 2024

Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

May 24, 2024

Order on Motion to Appear Pro Hac Vice

21 May 31, 2024

NOTICE of Attorney Appearance by Ashley Davis on behalf of Florida Secretary of State. Attorney Ashley Davis added to party Florida Secretary of State(pty:dft). (Davis, Ashley) (Entered: 05/31/2024)

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22 May 31, 2024

NOTICE of Attorney Appearance by Joseph Scott Van de Bogart on behalf of Florida Secretary of State. Attorney Joseph Scott Van de Bogart added to party Florida Secretary of State(pty:dft). (Van de Bogart, Joseph) (Entered: 05/31/2024)

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23 June 12, 2024

NOTICE of Attorney Appearance by Mohammad Omar Jazil on behalf of Florida Secretary of State. Attorney Mohammad Omar Jazil added to party Florida Secretary of State(pty:dft). (Jazil, Mohammad) (Entered: 06/12/2024)

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24 June 12, 2024

NOTICE of Attorney Appearance by Michael Robert Beato on behalf of Florida Secretary of State. Attorney Michael Robert Beato added to party Florida Secretary of State(pty:dft). (Beato, Michael) (Entered: 06/12/2024)

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25 June 13, 2024

MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, by Florida House of Representatives. Attorney Andre Velosy Bardos added to party Florida House of Representatives(pty:dft). Responses due by 6/27/2024. (Bardos, Andre) (Entered: 06/13/2024)

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26 June 13, 2024

DESIGNATION OF THREE-JUDGE COURT [28 U.S.C. § 2284] District Judge Rodolfo A. Ruiz II and Circuit Judge Britt C. Grant to serve with the requesting judge, District Judge Jacqueline Becerra, as members of the three-judge court to hear and decide the action. Signed by Chief Judge William H. Pryor Jr., USCA for the Eleventh Circuit on 6/4/2024. See attached document for full details. (jc) (Entered: 06/13/2024)

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27 June 13, 2024

MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM by Florida Secretary of State. Responses due by 6/27/2024. (Attachments: # 1 Exhibit Attachment A, Redistricting Suggestion Form, N. Warren, # 2 Exhibit Attachment B, Enacted Districts, # 3 Exhibit Attachment C, N. Warren's Districts, # 4 Exhibit Attachment D, Enacted Districts Map, # 5 Exhibit Attachment E, N. Warren's Districts Maps)(Jazil, Mohammad) (Entered: 06/13/2024)

1 Exhibit Attachment A, Redistricting Suggestion Form, N. Warren

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2 Exhibit Attachment B, Enacted Districts

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3 Exhibit Attachment C, N. Warren's Districts

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4 Exhibit Attachment D, Enacted Districts Map

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5 Exhibit Attachment E, N. Warren's Districts Maps

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28 June 14, 2024

NOTICE of Attorney Appearance by Bradley R McVay on behalf of Florida Secretary of State. Attorney Bradley R McVay added to party Florida Secretary of State(pty:dft). (McVay, Bradley) (Entered: 06/14/2024)

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29 June 20, 2024

NOTICE of Change of Address/Contact Information; by Nicholas Lyndol Villacor Warren (Warren, Nicholas) (Entered: 06/20/2024)

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30 June 20, 2024

CLERK'S NOTICE - Attorney Admissions has updated the address information for PHV attorney Andrew J. Frackman re 29 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 06/20/2024)

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June 20, 2024

Clerk's Notice - Attorney Admissions

31 June 25, 2024

First AMENDED COMPLAINT against All Defendants, filed by FIU ACLU Club, Engage Miami, Inc., Genesis M. Castilla Falcon, Cubanos Pa'lante, Cindy Polo, Luis Sorto.(Warren, Nicholas) (Entered: 06/25/2024)

Clearinghouse
32 July 9, 2024

Second MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Florida Secretary of State. Responses due by 7/23/2024. (Attachments: # 1 Attachment A, Redistricting Suggestion Form, N. Warren, # 2 Attachment B, Enacted Districts, # 3 Attachment C, N. Warren's Districts, # 4 Attachment D, Enacted Districts Map, # 5 Attachment E, N. Warren's Districts Maps)(Jazil, Mohammad) (Entered: 07/09/2024)

1 Attachment A, Redistricting Suggestion Form, N. Warren

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2 Attachment B, Enacted Districts

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3 Attachment C, N. Warren's Districts

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4 Attachment D, Enacted Districts Map

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5 Attachment E, N. Warren's Districts Maps

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33 July 9, 2024

MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Florida House of Representatives. Responses due by 7/23/2024. (Bardos, Andre) (Entered: 07/09/2024)

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34 July 16, 2024

Joint SCHEDULING REPORT - Rule 26(f) by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto (Attachments: # 1 Joint Proposed Scheduling Order)(Warren, Nicholas) (Entered: 07/16/2024)

1 Joint Proposed Scheduling Order

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35 July 23, 2024

ORDER TO SHOW CAUSE Signed by Judge Jacqueline Becerra on 7/23/2024. See attached document for full details. (nsy) (Entered: 07/23/2024)

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36 July 23, 2024

MOTION for Extension of Time to File Response/Reply/Answer as to 33 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM, 32 Second MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Florida House of Representatives, Florida Secretary of State. (Attachments: # 1 Exhibit A - Proposed Order)(Bardos, Andre) (Entered: 07/23/2024)

1 Exhibit A - Proposed Order

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37 July 23, 2024

RESPONSE TO ORDER TO SHOW CAUSE re 35 Order to Show Cause by Florida House of Representatives, Florida Secretary of State. (Jazil, Mohammad) (Entered: 07/23/2024)

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38 July 23, 2024

RESPONSE in Opposition re 32 Second MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto. Replies due by 7/30/2024. (Warren, Nicholas) (Entered: 07/23/2024)

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39 July 23, 2024

RESPONSE in Opposition re 33 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto. Replies due by 7/30/2024. (Warren, Nicholas) (Entered: 07/23/2024)

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40 July 25, 2024

NOTICE of Attorney Appearance by Christopher Michael Kise on behalf of Florida House of Representatives. Attorney Christopher Michael Kise added to party Florida House of Representatives(pty:dft). (Kise, Christopher) (Entered: 07/25/2024)

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41 July 25, 2024

NOTICE of Attorney Appearance by Jesus M. Suarez on behalf of Florida House of Representatives. Attorney Jesus M. Suarez added to party Florida House of Representatives(pty:dft). (Suarez, Jesus) (Entered: 07/25/2024)

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42 July 25, 2024

NOTICE of Attorney Appearance by Carmen Maria Manrara Cartaya on behalf of Florida House of Representatives. Attorney Carmen Maria Manrara Cartaya added to party Florida House of Representatives(pty:dft). (Manrara Cartaya, Carmen) (Entered: 07/25/2024)

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43 July 25, 2024

NOTICE of Change of Address/Contact Information; Change of Email; by Carmen Maria Manrara Cartaya (Manrara Cartaya, Carmen) (Entered: 07/25/2024)

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44 July 25, 2024

CLERK'S NOTICE - Attorney Admissions has updated the address and email information as submitted through attorneys PACER account for attorney Carmen Manrara Cartaya re 43 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 07/25/2024)

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45 July 25, 2024

ORDER denying as moot 25 Motion to Dismiss for Lack of Jurisdiction; denying as moot 27 Motion to Dismiss for Failure to State a Claim. Signed by Judge Jacqueline Becerra on 7/25/2024. See attached document for full details. (drz) (Entered: 07/26/2024)

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46 July 25, 2024

ORDER granting 36 Motion for Extension of Time to File Replies In Support of Motion to Dismiss. Replies due by 8/13/2024. Signed by Judge Jacqueline Becerra on 7/25/2024. See attached document for full details. (drz) (Entered: 07/26/2024)

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July 25, 2024

Clerk's Notice - Attorney Admissions

47 Aug. 13, 2024

REPLY to Response to Motion re 32 Second MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM - The Secretary's Reply in Support of His Motion to Dismiss - filed by Florida Secretary of State. (Jazil, Mohammad) (Entered: 08/13/2024)

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48 Aug. 13, 2024

REPLY to Response to Motion re 33 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Florida House of Representatives. (Bardos, Andre) (Entered: 08/13/2024)

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49 Aug. 27, 2024

Amended SCHEDULING REPORT - Rule 26(f) by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Arlene Goldberg, Cindy Polo, Michael Rivero, Luis Sorto (McNamara, Caroline) (Entered: 08/27/2024)

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50 Aug. 27, 2024

NOTICE of Clarification by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Arlene Goldberg, Cindy Polo, Michael Rivero, Luis Sorto re 49 SCHEDULING REPORT - Rule 26(f)/16.1 (McNamara, Caroline) (Entered: 08/27/2024)

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51 Aug. 28, 2024

RESPONSE to 49 SCHEDULING REPORT - Rule 26(f)/16.1 by Florida House of Representatives. (Bardos, Andre) (Entered: 08/28/2024)

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52 Aug. 28, 2024

ORDER SETTING ORAL ARGUMENT 32 Second MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM, 33 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 10/7/2024 02:00 PM in Miami Division before Judge Jacqueline Becerra, Britt C. Grant and Rodolfo A. Ruiz. (Three Judge Court) Signed by Judge Jacqueline Becerra, Britt C. Grant and Rodolfo A. Ruiz. on 8/28/2024. See attached document for full details. (drz) (Entered: 08/28/2024)

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53 Sept. 18, 2024

MOTION for Leave to File Second Amended Complaint by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto. (Attachments: # 1 Proposed Second Amended Complaint)(Warren, Nicholas) (Entered: 09/18/2024)

1 Proposed Second Amended Complaint

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54 Sept. 23, 2024

PAPERLESS ORDER. THIS CAUSE is before the Court upon sua sponte review of the record. On September 18, 2024, Plaintiffs filed a Motion for Leave to File Second Amended Complaint. ECF No. 53 . In their Motion, Plaintiffs note that Defendants oppose the relief requested. Accordingly, Defendants are ORDERED to file their respective responses to Plaintiff's Motion for Leave to File Second Amended Complaint no later than 12:00 p.m. on September 25, 2024. Signed by Judge Jacqueline Becerra on 9/23/2024. (nsy) (Entered: 09/23/2024)

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Sept. 23, 2024

- Order (PAPERLESS or pdf attached) AND ~Util - Set/Reset Deadlines

55 Sept. 25, 2024

JOINT RESPONSE in Opposition re 53 MOTION for Leave to File Second Amended Complaint - Defendants' Joint Response - filed by Florida House of Representatives, Florida Secretary of State. Replies due by 10/2/2024. (Jazil, Mohammad) Modified text on 9/25/2024 (scn). (Entered: 09/25/2024)

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56 Sept. 25, 2024

REPLY to Response to Motion re 53 MOTION for Leave to File Second Amended Complaint filed by Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto. (Warren, Nicholas) (Entered: 09/25/2024)

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57 Sept. 26, 2024

ORDER GRANTING LEAVE TO AMEND, SETTING BRIEFING SCHEDULE, AND RESETTING ORAL ARGUMENT granting 53 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. The parties shall adhere to the following briefing schedule: October 7, 2024. Defendants shall file separate answers or any Motions to Dismiss the Second Amended Complaint. October 14, 2024. Plaintiffs shall respond to any Motions to Dismiss. October 21, 2024. Defendants shall file replies in support of any Motions to Dismiss. The Oral Argument currently scheduled for October 7, 2024, ECF No. 52, is hereby CANCELLED. Oral Argument on any Motions to Dismiss the Second Amended Complaint will be set for November 19, 2024 at 2:00 p.m. at the James Lawrence King Federal Justice Building, 12th Floor Courtroom, 99 N.E. 4th Street, Miami, Florida 33132. Amended Complaint due by 9/27/2024. Signed by Judge Jacqueline Becerra, Judge Rodolfo Ruiz, and Circuit Judge Britt C. Grant on 9/26/2024. See attached document for full details. (drz) (Entered: 09/26/2024)

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58 Sept. 26, 2024

Second AMENDED COMPLAINT against Florida House of Representatives, Florida Secretary of State filed in response to Order Granting Motion for Leave, filed by FIU ACLU Club, Engage Miami, Inc., Genesis M. Castilla Falcon, Cubanos Pa'lante, Cindy Polo, Luis Sorto, Diana Belbruno.(Warren, Nicholas) (Entered: 09/26/2024)

Clearinghouse
59 Oct. 7, 2024

MOTION TO DISMISS 58 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Florida House of Representatives. Responses due by 10/21/2024. (Bardos, Andre) (Entered: 10/07/2024)

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60 Oct. 7, 2024

Third MOTION TO DISMISS 58 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Florida Secretary of State. Responses due by 10/21/2024. (Jazil, Mohammad) (Entered: 10/07/2024)

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61 Oct. 9, 2024

Unopposed MOTION to Withdraw as Attorney by Esperanza Segarra for / by Diana Belbruno, Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto. Responses due by 10/23/2024. (Warren, Nicholas) (Entered: 10/09/2024)

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62 Oct. 9, 2024

ORDER granting 61 Motion to Withdraw as Attorney. Esperanza Segarra representing Cubanos Pa'lante (Plaintiff) and Engage Miami, Inc. (Plaintiff) and FIU ACLU Club (Plaintiff); and Polo, Cindy (Plaintiff); and Sorto, Luis (Plaintiff); and Rivero, Michael (Plaintiff); and Goldberg, Arlene (Plaintiff); and Castilla Falcon, Genesis M. (Plaintiff); withdrawn from case. Signed by Judge Jacqueline Becerra,Judge Rodolfo A. Ruiz II and Circuit Court Judge Britt C, Grant on 10/9/2024. See attached document for full details. (drz) Modified text on 10/10/2024 (drz). (Entered: 10/09/2024)

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63 Oct. 9, 2024

NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Nicholas Lyndol Villacor Warren (Warren, Nicholas) (Entered: 10/09/2024)

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64 Oct. 10, 2024

CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Jorge L. Vasquez, Jr. re 63 Notice of Change of Address, Email or Law Firm Name. Attorney Jorge L. Vasquez, Jr. has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-your-information (pt) (Entered: 10/10/2024)

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65 Oct. 10, 2024

CORRECTED CLERK'S NOTICE - Attorney Admissions has updated the contact information for PHV attorney Jorge L. Vasquez, Jr. re 63 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 10/10/2024)

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66 Oct. 10, 2024

NOTICE of Change of Address/Contact Information; by Andre Velosy Bardos (Bardos, Andre) (Entered: 10/10/2024)

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Oct. 10, 2024

Clerk's Notice - Attorney Admissions

67 Oct. 11, 2024

CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Andre Velosy Bardos (pt) (Entered: 10/11/2024)

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Oct. 11, 2024

Clerk's Notice - Attorney Admissions

68 Oct. 14, 2024

RESPONSE in Opposition re 59 MOTION TO DISMISS 58 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Diana Belbruno, Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto. Replies due by 10/21/2024. (Warren, Nicholas) (Entered: 10/14/2024)

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69 Oct. 14, 2024

RESPONSE in Opposition re 60 Third MOTION TO DISMISS 58 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Diana Belbruno, Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto. Replies due by 10/21/2024. (Warren, Nicholas) (Entered: 10/14/2024)

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70 Oct. 17, 2024

NOTICE of Change of Address/Contact Information; by Nicholas Lyndol Villacor Warren (Warren, Nicholas) (Entered: 10/17/2024)

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71 Oct. 17, 2024

CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Nicholas Lyndol Villacor Warren re 70 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 10/17/2024)

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72 Oct. 17, 2024

REPLY to Response to Motion re 59 MOTION TO DISMISS 58 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Florida House of Representatives. (Bardos, Andre) (Entered: 10/17/2024)

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Oct. 17, 2024

Clerk's Notice - Attorney Admissions

73 Oct. 21, 2024

REPLY to Response to Motion re 60 Third MOTION TO DISMISS 58 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Florida Secretary of State. (Jazil, Mohammad) (Entered: 10/21/2024)

RECAP
74 Nov. 13, 2024

ORDER Setting Hearing on Motions to Dismiss the Second Amended Complaint. Motions Hearing set for 11/19/2024 02:00 PM in Miami Division before Judge Jacqueline Becerra, Rodolfo Ruiz II and Britt C. Grant. Signed by Judge Jacqueline Becerra, Rodolfo Ruiz II and Britt C. Grant. on 11/13/2024. See attached document for full details. (ar24) (Entered: 11/13/2024)

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75 Nov. 19, 2024

PAPERLESS Minute Entry for proceedings held before Circuit Judge Britt C. Grant, District Judge Rodolfo A. Ruiz, II and District Judge Jacqueline Becerra: Motion Hearing held on 11/19/2024 re 59 MOTION TO DISMISS 58 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Florida House of Representatives, 60 Third MOTION TO DISMISS 58 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Florida Secretary of State. Order to follow. Attorney Appearance(s): Nicholas Lyndol Villacor Warren, Daniel Boaz Tilley, Caroline Andrews McNamara, Gabrielle S. Jackson, Andre Velosy Bardos, Carmen Maria Manrara Cartaya, Mohammad Omar Jazil, Michael Robert Beato, Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (dgj) (Entered: 11/20/2024)

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Nov. 20, 2024

MOTION Hearing or Evidentiary Motion Hearing

76 Dec. 5, 2024

TRANSCRIPT of Oral Arguments held on 11-19-24 before Judge Jacqueline Becerra, Volume Number 1 of 1, 1-95 pages, Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/26/2024. Redacted Transcript Deadline set for 1/6/2025. Release of Transcript Restriction set for 3/5/2025. (vas) (Entered: 12/05/2024)

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77 Dec. 23, 2024

MOTION to Compel Discovery from Cubanos Pa'lante by Florida House of Representatives. Responses due by 1/6/2025. (Attachments: # 1 Exhibit 1 - House Second RFP, # 2 Exhibit 2 - Cubanos Response to House Second RFP, # 3 Exhibit 3 - Engage Miami Response to House Second RFP, # 4 Exhibit 4 - FIU ACLU Response to House Second RFP)(Manrara Cartaya, Carmen) (Entered: 12/23/2024)

1 Exhibit 1 - House Second RFP

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2 Exhibit 2 - Cubanos Response to House Second RFP

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3 Exhibit 3 - Engage Miami Response to House Second RFP

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4 Exhibit 4 - FIU ACLU Response to House Second RFP

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RECAP
78 Dec. 27, 2024

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [77] MOTION to Compel Discovery from Cubanos Pa'lante by Diana Belbruno, Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto. (Warren, Nicholas)

RECAP
79 Dec. 27, 2024

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion for an Extension of Time to File a Response to Defendant Florida House of Representatives' Motion to Compel Discovery (the "Motion"), ECF No [78]. Upon due consideration of the Motion, the pertinent portions of the record, and for good cause shown, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiffs shall file their response to the Motion to Compel by no later than Friday, January 17, 2025. Signed by Judge Jacqueline Becerra on 12/27/2024. (rs01)

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Dec. 27, 2024

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

80 Jan. 2, 2025

MOTION to Compel Discovery from Florida House of Representatives by Diana Belbruno, Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto. Responses due by 1/16/2025. (Attachments: (1) Plfs.' 1st RFP to House, (2) House's Response to Plfs.' 1st RFP, (3) Plfs.' Oct. 8, 2024 Letter, (4) House's Oct. 17, 2024 Letter, (5) Plfs.' 2nd RFP to House, (6) House's Response to Plfs.' 2nd RFP, (7) Feb. 1, 2022 House Transcript, (8) Feb. 2, 2022 House Transcript, (9) Feb. 18, 2022 House Subcommittee Transcript, (10) Mar. 3, 2022 House Transcript, (11) Apr. 19, 2022 House Subcommittee Transcript)(Warren, Nicholas)

1 Plfs.' 1st RFP to House

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2 House's Response to Plfs.' 1st RFP

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3 Plfs.' Oct. 8, 2024 Letter

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4 House's Oct. 17, 2024 Letter

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5 Plfs.' 2nd RFP to House

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6 House's Response to Plfs.' 2nd RFP

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7 Feb. 1, 2022 House Transcript

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8 Feb. 2, 2022 House Transcript

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9 Feb. 18, 2022 House Subcommittee Transcript

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10 Mar. 3, 2022 House Transcript

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11 Apr. 19, 2022 House Subcommittee Transcript

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81 Jan. 14, 2025

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to [77] MOTION to Compel Discovery from Cubanos Pa'lante by Diana Belbruno, Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto. (Warren, Nicholas)

RECAP
82 Jan. 15, 2025

NOTICE OF WITHDRAWAL OF MOTION by Diana Belbruno, Genesis M. Castilla Falcon, Cubanos Pa'lante, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto re [80] MOTION to Compel Discovery from Florida House of Representatives filed by Diana Belbruno, Genesis M. Castilla Falcon, Cubanos Pa'lante, FIU ACLU Club, Engage Miami, Inc., Luis Sorto, Cindy Polo (Warren, Nicholas)

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83 Jan. 15, 2025

PAPERLESS ORDER granting [81] Plaintiff's Unopposed Motion for Second Extension of Time to File Response to Florida House's Motion to Compel. ECF No. [81]. Plaintiffs shall file their response to the House's Motion to Compel no later than February 3, 2025. Signed by Judge Jacqueline Becerra on 1/15/2025. (nsy)

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Jan. 15, 2025

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

84 Jan. 21, 2025

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrea Ojeda. Filing Fee $ 250.00 Receipt # AFLSDC-18132491 by Cubanos Pa'lante, Diana Belbruno, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto, Genesis M. Castilla Falcon. Responses due by 2/4/2025. (Attachments: # 1 Certification)(Warren, Nicholas) (Entered: 01/21/2025)

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85 Jan. 21, 2025

PAPERLESS ORDER. THIS CAUSE came before the Court on the Motion to Appear Pro Hac Vice filed by Andrea Ojeda of the law firm of OMelveny & Myers LLP. ECF No. [84]. Upon due consideration of the Motion and all relevant factors, it is hereby ORDERED AND ADJUDGED that the Motion, ECF No. [84], is GRANTED as to Andrea Ojeda. The Court reserves the power to withdraw permission for special appearance at any time. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsels pro hac vice status. Local counsel must be ready to adequately represent the party at any time. Signed by Judge Jacqueline Becerra on 1/21/2025. (nsy)

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Jan. 21, 2025

Order on Motion to Appear Pro Hac Vice

86 Jan. 30, 2025

STIPULATION REGARDING CUBANOS PALANTE MEMBERSHIP by Florida Secretary of State, Cubanos Pa'lante, Diana Belbruno, Engage Miami, Inc., FIU ACLU Club, Cindy Polo, Luis Sorto, Genesis M. Castilla Falcon, Florida House of Representatives (Bardos, Andre) (Entered: 01/30/2025)

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87 Jan. 30, 2025

NOTICE OF WITHDRAWAL OF MOTION by Florida House of Representatives re 77 MOTION to Compel Discovery from Cubanos Pa'lante filed by Florida House of Representatives (Bardos, Andre) (Entered: 01/30/2025)

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Case Details

State / Territory:

Florida

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: May 23, 2024

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Cubanos Palate Corp. is a nonpartisan, nonprofit membership organization based in Miami-Dade County whose mission is to disrupt the status quo by educating, organizing, and mobilizing progressive Cuban Americans.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

State

Florida House of Representatives

Florida Secretary of State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Voting Rights Act, section 2, 52 U.S.C. § 10301 (previously 42 U.S.C. § 1973)

Constitutional Clause(s):

Equal Protection

Other Dockets:

Southern District of Florida 1:24-cv-21983

Special Case Type(s):

Three-Judge District Court

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Voting:

Redistricting/district composition

Vote dilution

Recommended Citation