Case: Florida Preborn Rescue, Inc. v. City of Clearwater, Florida

COMPLAINT against City of Clearwater, Florida (Filing fee $402 receipt number AFLMDC-20880672) filed by Scott J Mahurin, Florida Preborn Rescue, Inc., Antoniette M Migliore, Allen Tuthill. (Attachments: # 1 Exhibit 1 - Ordinance No. 9665-23, # 2 Civil Cover Sheet, # 3 Proposed Summons)(Bird, Robert) (Entered: 05/26/2023)

1 Exhibit 1 - Ordinance No. 9665-23

View on PACER

2 Civil Cover Sheet

View on PACER

3 Proposed Summons

View on PACER

NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-1173-MSS-AAS. (RPB) (Entered: 05/26/2023)

Time Sensitive MOTION for Preliminary Injunction by Florida Preborn Rescue, Inc., Scott J Mahurin, Antoniette M Migliore, Allen Tuthill. (Attachments: # 1 Exhibit A - Declaration of Allen Tuthill, # 2 Exhibit B - Declaration of Antoniette M. Migliore, # 3 Exhibit C - Declaration of Scott J. Mahurin, # 4 Exhibit D - Clearwater FL Code of Ordinances, # 5 Exhibit E - Ordinance No. 9665-23, # 6 Exhibit F - proposed Order Granting Preliminary Injunction)(Bird, Robert) (Entered: 05/26/2023)

1 Exhibit A - Declaration of Allen Tuthill

View on PACER

2 Exhibit B - Declaration of Antoniette M. Migliore

View on PACER

3 Exhibit C - Declaration of Scott J. Mahurin

View on PACER

4 Exhibit D - Clearwater FL Code of Ordinances

View on PACER

5 Exhibit E - Ordinance No. 9665-23

View on PACER

6 Exhibit F - proposed Order Granting Preliminary Injunction

View on RECAP

Case Assigned/Reassigned

SUMMONS issued as to City of Clearwater, Florida. (LSS) (Entered: 05/30/2023)

CORPORATE Disclosure Statement by Florida Preborn Rescue, Inc., Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill identifying Corporate Parent Florida Preborn Rescue, Inc. for Florida Preborn Rescue, Inc... (Bird, Robert) (Entered: 05/30/2023)

CORPORATE Disclosure Statement by Florida Preborn Rescue, Inc., Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill identifying Other Affiliate Allen Tuthill for Allen Tuthill.. (Bird, Robert) (Entered: 05/30/2023)

CORPORATE Disclosure Statement by Florida Preborn Rescue, Inc., Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill identifying Other Affiliate Antoniette M. Migliore for Antoniette M. Migliore.. (Bird, Robert) (Entered: 05/30/2023)

CORPORATE Disclosure Statement by Florida Preborn Rescue, Inc., Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill identifying Other Affiliate Scott J. Mahurin for Scott J. Mahurin.. (Bird, Robert) (Entered: 05/30/2023)

NOTICE 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). (LSS) (Entered: 05/31/2023)

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). (KAC) (Entered: 05/31/2023)

Notice to Counsel of Local Rule

NOTICE of Lead Counsel Designation by Robert Quincy Bird on behalf of Florida Preborn Rescue, Inc., Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. Lead Counsel: R. Quincy Bird. (Bird, Robert) (Entered: 06/01/2023)

AMENDED COMPLAINT For Preliminary and Permanent Injunctive Relief and Damages against City of Clearwater, Florida filed by Scott J. Mahurin, Florida Preborn Rescue, Inc., Antoniette M. Migliore, Allen Tuthill, Judith Goldsberry. Related document: 1 Complaint, filed by Scott J. Mahurin, Allen Tuthill, Antoniette M. Migliore, Florida Preborn Rescue, Inc. (Attachments: # 1 Exhibit 1 - Ordinance No. 9665-23)(Bird, Robert) Modified on 6/8/2023 (LD). (Entered: 06/07/2023)

***INCORRECT EVENT; COUNSEL NOTIFIED***PROOF of service by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill (Attachments: # 1 Exhibit A - Return of Service re Complaint & Summons served 6-1-23 on City of Clearwater, # 2 Exhibit B - Return of Service re Motion for Preliminary Injunction served 6-2-23 on City of Clearwater)(Bird, Robert) Modified on 6/8/2023 (LD). (Entered: 06/07/2023)

NOTICE of Appearance by Luke Charles Lirot on behalf of City of Clearwater, Florida (Lirot, Luke) (Entered: 06/09/2023)

ENDORSED ORDER DENYING WITHOUT PREJUDICE 3 Plaintiffs' Time-Sensitive Motion for Preliminary Injunction. In light of the Amended Complaint, (Dkt. 12), Plaintiffs are directed to file an Amended Motion for Preliminary Injunction. Alternatively, Plaintiffs may request reinstatement of the original Motion with a request that the Court consider it against the amended pleading. Signed by Judge Mary S. Scriven on 6/13/2023. (APF) (Entered: 06/13/2023)

Order on Motion for Preliminary Injunction

Amended MOTION for Preliminary Injunction Plaintiffs' Amended Time-Sensitive Motion for Preliminary Injunction and Supporting Memo of Law by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. (Attachments: # 1 Exhibit A - Declaration of Allen Tuthill, # 2 Exhibit B - Declaration of Antoniette M. Migliore, # 3 Exhibit C - Declaration of Scott J. Mahurin, # 4 Exhibit D - Clearwater FL Code of Ordinances, # 5 Exhibit E - Ordinance No. 9665-23, # 6 Exhibit F - Declaration of Judith M. Goldsberry, # 7 Exhibit G - proposed Order Granting Preliminary Injunction)(Bird, Robert) (Entered: 06/22/2023)

1 Exhibit A - Declaration of Allen Tuthill

View on PACER

2 Exhibit B - Declaration of Antoniette M. Migliore

View on PACER

3 Exhibit C - Declaration of Scott J. Mahurin

View on PACER

4 Exhibit D - Clearwater FL Code of Ordinances

View on PACER

5 Exhibit E - Ordinance No. 9665-23

View on PACER

6 Exhibit F - Declaration of Judith M. Goldsberry

View on PACER

7 Exhibit G - proposed Order Granting Preliminary Injunction

View on PACER

ORDER Setting Hearing on 16 Plaintiff's Amended Time-Sensitive Motion for Preliminary Injunction. This case is set for an evidentiary hearing on the Motion on Tuesday August 22, 2023 at 9:30 AM, in the Sam Gibbons United States Courthouse, Tampa, Florida, Courtroom 7A before United States District Judge Mary S. Scriven. The Court has set aside four (4) hours for this hearing. Signed by Judge Mary S. Scriven on 6/28/2023. (APF) (Entered: 06/28/2023)

MOTION for Joan M. Mannix to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21001377 for $150 by All Plaintiffs. (Theophilopoulos, Gerasimos) Motions referred to Magistrate Judge Amanda Arnold Sansone. (Entered: 06/30/2023)

MOTION for Brennan Tyler Brooks to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21001427 for $150 by All Plaintiffs. (Theophilopoulos, Gerasimos) Motions referred to Magistrate Judge Amanda Arnold Sansone. (Entered: 06/30/2023)

Unopposed MOTION to Continue or Reschedule Hearing on Plaintiffs' Amended Time-sensitive Motion for Preliminary Injunction by City of Clearwater, Florida. (Lirot, Luke) (Entered: 07/02/2023)

ENDORSED ORDER granting 18 Motion to Appear Pro Hac Vice; granting 19 Motion to Appear Pro Hac Vice. Attorneys Joan M. Mannix and Brennan Tyler Brooks may appear pro hac vice, subject to the requirement that counsel submit their Pro Hac Vice E-File Registration within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 7/3/2023. (BEE) (Entered: 07/03/2023)

ENDORSED ORDER GRANTING 20 Defendant City of Clearwater, Florida's Unopposed Motion to Reschedule Hearing on Plaintiff's Amended Time-Sensitive Motion for Preliminary Injunction. Given the Parties' unavailability and the Court's trial and other case commitments, the Court hereby RESCHEDULES the hearing on Plaintiff's Motion to Thursday, September 21, 2023 at 9:30 AM, in the Sam Gibbons United States Courthouse, Tampa, Florida, Courtroom 7A before United States District Judge Mary S. Scriven. The Court has set aside four (4) hours for this hearing. Signed by Judge Mary S. Scriven on 7/3/2023. (APF) (Entered: 07/03/2023)

Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice

Order on Motion to Continue

ANSWER and affirmative defenses with Jury Demand to 12 Amended Complaint by City of Clearwater, Florida.(Lirot, Luke) (Entered: 07/10/2023)

Unopposed MOTION for Extension of Time to File Response/Reply as to 16 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Time-Sensitive Motion for Preliminary Injunction and Supporting Memo of Law by City of Clearwater, Florida. (Lirot, Luke) (Entered: 07/12/2023)

ENDORSED ORDER GRANTING 24 Defendant City of Clearwater, Florida's Unopposed Motion to Extend Time to Respond to Plaintiff's Amended Time-Sensitive Motion for Preliminary Injunction. Defendant shall have up to and including August 7, 2023, to file its response to Plaintiff's Preliminary Injunction Motion. The Court further extends the deadline for the Parties to file exhibit lists and witness lists to August 17, 2023. Signed by Judge Mary S. Scriven on 7/14/2023. (APF) (Entered: 07/14/2023)

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

RESPONSE in Opposition re 16 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Time-Sensitive Motion for Preliminary Injunction and Supporting Memo of Law filed by City of Clearwater, Florida. (Attachments: # 1 Appendix, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I)(Lirot, Luke) (Entered: 08/07/2023)

Exhibit List for Evidentiary Hearing by City of Clearwater, Florida. (Lirot, Luke) (Entered: 08/17/2023)

Witness List by City of Clearwater, Florida. (Lirot, Luke) (Entered: 08/17/2023)

Witness List by City of Clearwater, Florida. (Lirot, Luke) (Entered: 08/17/2023)

Witness List by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. (O'Donnell, Robert) (Entered: 08/17/2023)

Exhibit List by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. (O'Donnell, Robert) (Entered: 08/17/2023)

NOTICE of Appearance by Robert A. O'Donnell on behalf of Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill (O'Donnell, Robert) (Entered: 08/17/2023)

NOTICE of Appearance by Donald E. Christopher on behalf of Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill (Christopher, Donald) (Entered: 09/18/2023)

MOTION to Allow Electronic Equipment, specifically a windows laptop and Macbook laptop computer with power cord and accessories; an external hard drive/USB drive, converter from HDMI to VGA, VGA cord, computer speakers by City of Clearwater, Florida. (Lirot, Luke) (Entered: 09/19/2023)

ORDER granting 34 Defendant's Motion to Allow Electronic Equipment. Signed by Judge Mary S. Scriven on 9/19/2023. (BCH) (Entered: 09/19/2023)

MOTION for Michael G. McHale to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21269039 for $150 by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. (Christopher, Donald) Motions referred to Magistrate Judge Amanda Arnold Sansone. (Entered: 09/19/2023)

ENDORSED ORDER granting 36 Motion to Appear Pro Hac Vice. Attorney Michael G. McHale may appear pro hac vice, subject to the requirement that counsel submit his Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 9/20/2023. (BEE) (Entered: 09/20/2023)

Order on Motion to Appear Pro Hac Vice

Revised Exhibit List for Evidentiary Hearing on Plaintiff's Amended Time Sensitive Motion for Preliminary Injunction by City of Clearwater, Florida. (Lirot, Luke) (Modified on 9/21/2023 to edit docket text) (JDR). (Entered: 09/21/2023)

Minute Entry. In Person Proceedings held before Judge Mary S. Scriven: MOTION HEARING held on 9/21/2023 re 16 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Time-Sensitive Motion for Preliminary Injunction and Supporting Memo of Law filed by Scott J. Mahurin, Allen Tuthill, Antoniette M. Migliore, Judith Goldsberry, Florida Preborn Rescue, Inc. Court Reporter: David Collier (BCH) (Entered: 09/21/2023)

SUA SPONTE ORDER SEALING Defendant's Exhibit C admitted at the hearing on Plaintiffs' motion for preliminary injunction. The Court finds good cause to seal this exhibit in order to protect potential sensitive information contained therein, particularly identities of patients and other non-parties. Signed by Judge Mary S. Scriven on 9/22/2023. (KDS) (Entered: 09/22/2023)

Order

NOTICE of supplemental authority re 16 Amended MOTION for Preliminary Injunction and Supporting Memo of Law by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. (Brooks, Brennan) (Entered: 09/26/2023)

Plaintiff's Exhibit List by Florida Preborn Rescue, Inc. for preliminary injunction hearing held on 9/21/2023. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28)(BCH) (Entered: 10/02/2023)

TRANSCRIPT of motion hearing held on September 21, 2023 before District Judge Mary S. Scriven. Court Reporter: David J. Collier. Email address: david_collier@flmd.uscourts.gov. Telephone number: (813) 301-5575. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/23/2023. Redacted Transcript Deadline set for 11/2/2023. Release of Transcript Restriction set for 1/2/2024. (DJC) (Entered: 10/02/2023)

Defendant's Exhibit List by City of Clearwater, Florida for preliminary injunction hearing held on 9/21/2023. [NOTE: The following Defendants' Exhibit is a non-scannable compact disc and is located in the United States District Court, Middle District of Florida, Tampa Division, Clerk's Office Sealed Exhibit Room: Defendants' Exhibit C.] (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit D, # 4 Exhibit E)(BCH) (Entered: 10/02/2023)

ORDER DENYING 16 Plaintiffs' Amended Time-Sensitive Motion for Preliminary Injunction. Signed by Judge Mary S. Scriven on 10/20/2023. (KDS) (Entered: 10/20/2023)

NOTICE OF INTERLOCUTORY APPEAL as to 45 Order on Motion for Preliminary Injunction by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. Filing fee not paid. (Brooks, Brennan) (Entered: 10/23/2023)

Pay Fee

FEE PAID. Appeal fee, Receipt No. AFLMDC-21383255 for $505 paid Notice for appeal to the Eleventh Circuit Court of Appeals. (Brooks, Brennan)

TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re 46 Notice of Interlocutory Appeal. (HAI) (Entered: 10/24/2023)

TRANSCRIPT information form filed by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill re 46 Notice of Interlocutory Appeal. USCA number: 23-13501. No transcript(s) requested. (Brooks, Brennan) (Entered: 11/07/2023)

Electronic certificate of readiness

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: 46 Notice of Interlocutory Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 23-13501-B (LSS)

Transmittal to USCA

TRANSMITTAL to USCA forwarding (2) USB Drives re 46 Notice of Interlocutory Appeal USCA number: 23-13501-DD. (LSS)

USCA Opinion