Case: Tarrio v. United States of America

6:25-cv-00998 | U.S. District Court for the Middle District of Florida

Filed Date: June 6, 2025

Case Ongoing

Clearinghouse coding complete

Case Summary

A case summary is not yet available via the Clearinghouse.

Summary Authors

Nick Martire (4/10/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/70474277/parties/tarrio-v-united-states-of-america/


Attorney for Plaintiff

Invictus, Augustus Sol (Florida)

Ranieri, Thomas F. (Florida)

Attorney for Defendant

Fuchs, Siegmund F. (Florida)

Expert/Monitor/Master/Other

Mishkoff, Henry (Florida)

show all people

Documents in the Clearinghouse

Document
1

6:25-cv-00998

Complaint

June 6, 2025

June 6, 2025

30

6:25-cv-00998

Dismiss for Failure to State a Claim

Aug. 25, 2025

Aug. 25, 2025

31

6:25-cv-00998

Dismiss / Lack of Jurisdiction

Aug. 25, 2025

Aug. 25, 2025

33

6:25-cv-00998

Memorandum in opposition

Sept. 15, 2025

Sept. 15, 2025

34

6:25-cv-00998

Memorandum in opposition

Sept. 15, 2025

Sept. 15, 2025

48

6:25-cv-00998

Standing Order

March 9, 2026

March 9, 2026

Docket

See docket on RECAP: https://www.courtlistener.com/docket/70474277/tarrio-v-united-states-of-america/

Last updated April 10, 2026, 8:59 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-23452252) filed by All Plaintiffs. (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)(Invictus, Augustus) (Entered: 06/06/2025)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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June 6, 2025

June 6, 2025

Clearinghouse
2

MOTION for Thomas F. Ranieri to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23452867 for $150 by All Plaintiffs. (Invictus, Augustus) (Entered: 06/06/2025)

June 6, 2025

June 6, 2025

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3

NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Daniel C. Irick. New case number: 6:25-cv-998-WWB-DCI. Motion(s) REFERRED: 2 MOTION for Thomas F. Ranieri to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-23452867 for $150 . Motion(s) referred to Magistrate Judge Daniel C. Irick. (ARL) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

4

NOTICE TO COUNSEL Thomas F. Ranieri 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). (LD) (Entered: 06/09/2025)

June 9, 2025

June 9, 2025

Case Assigned/Reassigned

June 9, 2025

June 9, 2025

Notice to Counsel of Local Rule

June 9, 2025

June 9, 2025

5

ENDORSED ORDER denying without prejudice 2 Motion to Appear Pro Hac Vice, for a failure to address Local Rule 2.01(c)(4). A sample motion is available on the Court's website at https://www.flmd.uscourts.gov/form/motion-special-admission. If there is nothing to list in response to Local Rule 2.01(c)(4), counsel can simply state "none." Signed by Magistrate Judge Daniel C. Irick on 6/10/2025. (Irick, Daniel) (Entered: 06/10/2025)

June 10, 2025

June 10, 2025

Order on Motion to Appear Pro Hac Vice

June 10, 2025

June 10, 2025

6

ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP) (Entered: 06/11/2025)

June 11, 2025

June 11, 2025

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7

NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective April 1, 2024, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued a Standing Order, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 6/11/2025. (RMF) (Entered: 06/11/2025)

June 11, 2025

June 11, 2025

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). (RMF) (Entered: 06/11/2025)

June 11, 2025

June 11, 2025

Notice to Counsel of Local Rule

June 11, 2025

June 11, 2025

Order

June 11, 2025

June 11, 2025

9

ORDER TO SHOW CAUSE: On or before 6/26/2025, Lawyer Augustus Sol Invictus must show cause in writing why he has not violated Local Rule 2.04(b)(1) and why he is not currently suspended from the Middle District bar by operation of Local Rule 2.04(b)(2). Signed by Magistrate Judge Daniel C. Irick on 6/12/2025. (Irick, Daniel) (Entered: 06/12/2025)

June 12, 2025

June 12, 2025

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10

Unopposed MOTION for Thomas F. Ranieri to appear pro hac vice by All Plaintiffs. (ARL) Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 06/25/2025)

June 25, 2025

June 25, 2025

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11

ENDORSED ORDER granting 10 Motion to Appear Pro Hac Vice. Thomas F. Ranieri is granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. Signed by Magistrate Judge Daniel C. Irick on 7/1/2025. (Irick, Daniel) (Entered: 07/01/2025)

July 1, 2025

July 1, 2025

Order on Motion to Appear Pro Hac Vice

July 1, 2025

July 1, 2025

12

SUPPLEMENTTAL Report by Counsel Thomas F. Ranieri re 10 Unopposed MOTION for Thomas F. Ranieri to appear pro hac vice by All Plaintiffs. (Attachments: # 1 Exhibit)(JG) (Entered: 07/02/2025)

1 Supplement

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July 2, 2025

July 2, 2025

13

MOTION for Leave to File Amicus Brief of Henry Mishkoff by Henry Mishkoff. (Attachments: # 1 Amicus Brief) (e-portal) (JG) Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 07/03/2025)

1 Amicus Brief

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July 2, 2025

July 2, 2025

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14

NOTICE of Appearance by Siegmund F. Fuchs on behalf of Nicole Miller, United States of America (Fuchs, Siegmund) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

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15

DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Nicole Miller, United States of America. (Fuchs, Siegmund) (Entered: 07/03/2025)

July 3, 2025

July 3, 2025

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16

NOTICE of Lead Counsel Designation by Thomas F. Ranieri, Sr on behalf of Joseph Biggs, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Enrique Tarrio. Lead Counsel: Thomas F. Ranieri. (Ranieri, Thomas) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

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17

ENDORSED ORDER 9 Order to Show Cause. According to the records of the Court, it appears that lawyer Augustus Sol Invictus is suspended from the Middle District bar by operation of Local Rule 2.04(b)(2). Accordingly, the Clerk is directed to terminate Mr. Invictus as counsel in this case. Signed by Magistrate Judge Daniel C. Irick on 7/7/2025. (Irick, Daniel) (Entered: 07/07/2025)

July 7, 2025

July 7, 2025

Order

July 7, 2025

July 7, 2025

18

PROPOSED summons to be issued by Joseph Biggs, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Enrique Tarrio. (Ranieri, Thomas) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

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19

DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Enrique Tarrio. (Ranieri, Thomas) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

20

DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Zachary Rehl. (Ranieri, Thomas) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

21

DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Dominic Pezzola. (Ranieri, Thomas) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

22

DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Ethan Nordean. (Ranieri, Thomas) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

23

DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Joseph Biggs. (Ranieri, Thomas) (Entered: 07/08/2025)

July 8, 2025

July 8, 2025

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24

SUMMONS issued as to U.S. Attorney. (FLY) Modified on 7/16/2025 to edit text. (FLY) (Entered: 07/10/2025)

July 10, 2025

July 10, 2025

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25

RETURN of service executed on 07/14/25 by Ethan Nordean, Zachary Rehl, Joseph Biggs, Enrique Tarrio, Dominic Pezzola as to United States of America. (Ranieri, Thomas) (Entered: 07/22/2025)

July 22, 2025

July 22, 2025

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26

ENDORSED ORDER denying without prejudice 13 Motion for Leave to File Amicus Brief. There is no pending motion or other matter before the Court concerning which an amicus brief would assist the Court. Signed by Magistrate Judge Daniel C. Irick on 8/13/2025. (Irick, Daniel) (Entered: 08/13/2025)

Aug. 13, 2025

Aug. 13, 2025

Order on Motion for Leave to File Document

Aug. 13, 2025

Aug. 13, 2025

27

Unopposed MOTION for Leave for an Extension of the Page Limitation by Nicole Miller. (Fuchs, Siegmund) Modified text on 8/21/2025 (BD). (Entered: 08/21/2025)

Aug. 21, 2025

Aug. 21, 2025

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28

ENDORSED ORDER denying 27 Defendant SA Miller's Motion for Leave for an Extension of the Page Limitation. The Court does not find good cause that an extension of the page limitation provided by Local Rule 3.01(a) is necessary for Defendant to brief the relevant issues in this case. Signed by Judge Wendy W. Berger on 8/21/2025. (ADL) (Entered: 08/21/2025)

Aug. 21, 2025

Aug. 21, 2025

Order on Motion to File Excess Pages

Aug. 21, 2025

Aug. 21, 2025

29

NOTICE of Appearance by Augustus Sol Invictus on behalf of Joseph Biggs, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Enrique Tarrio (Attachments: # 1 Exhibit Certificate of Good Standing)(Invictus, Augustus) (Entered: 08/22/2025)

1 Exhibit Certificate of Good Standing

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Aug. 22, 2025

Aug. 22, 2025

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30

MOTION to Dismiss for Failure to State a Claim by Nicole Miller. (Fuchs, Siegmund) (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

Clearinghouse
31

MOTION to Dismiss for Lack of Jurisdiction and Failure to State a Claim by United States of America. (Attachments: # 1 Exhibit Scope Certification)(Fuchs, Siegmund) (Entered: 08/25/2025)

1 Exhibit Scope Certification

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Aug. 25, 2025

Aug. 25, 2025

Clearinghouse
32

Unopposed MOTION to Stay Discovery and Case Management Conference by Nicole Miller, United States of America. (Fuchs, Siegmund) Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 08/25/2025)

Aug. 25, 2025

Aug. 25, 2025

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33

MEMORANDUM in opposition re 31 Motion to Dismiss / Lack of Jurisdiction filed by Joseph Biggs, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Enrique Tarrio. (Invictus, Augustus) (Entered: 09/15/2025)

Sept. 15, 2025

Sept. 15, 2025

Clearinghouse
34

MEMORANDUM in opposition re 30 Motion to Dismiss for Failure to State a Claim filed by Joseph Biggs, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Enrique Tarrio. (Invictus, Augustus) (Entered: 09/15/2025)

Sept. 15, 2025

Sept. 15, 2025

Clearinghouse
35

MOTION for Leave to File Reply Brief by Nicole Miller, United States of America. (Fuchs, Siegmund) Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 09/23/2025)

Sept. 23, 2025

Sept. 23, 2025

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36

RESPONSE in Opposition re 35 MOTION for Leave to File Reply Brief filed by Joseph Biggs, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Enrique Tarrio. (Ranieri, Thomas) (Entered: 10/07/2025)

Oct. 7, 2025

Oct. 7, 2025

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37

ENDORSED ORDER denying 35 Motion for Leave to File Reply. It is improper for a party request affirmative relief in a response, and the Court regularly rejects attempts to do so. Further, to the extent Plaintiffs' response may be construed as requesting affirmative relief, they have clarified that they were not making such a request. See Doc. 36. Accordingly, no reply is necessary. Signed by Magistrate Judge Daniel C. Irick on 10/9/2025. (Irick, Daniel) (Entered: 10/09/2025)

Oct. 9, 2025

Oct. 9, 2025

Order on Motion for Leave to File Document

Oct. 9, 2025

Oct. 9, 2025

38

Case Reassigned to Judge Anne-Leigh Gaylord Moe. New case number: 6:25-cv-998-AGM-DCI. Judge Wendy W. Berger no longer assigned to the case. (AJS) (Entered: 10/31/2025)

Oct. 31, 2025

Oct. 31, 2025

Case Assigned/Reassigned

Oct. 31, 2025

Oct. 31, 2025

39

REPORT AND RECOMMENDATION re 32 Motion to Stay Case Management Conference, Filing of Case Management Report, and All Discovery Until Court Rules of Pending Motions to Dismiss. It is RECOMMENDED that the Court GRANT the Motion to Stay (Doc. 32) such that the case is STAYED pending the resolution of the motions to dismiss. Signed by Magistrate Judge Daniel C. Irick on 11/3/2025. (TNP) (Entered: 11/03/2025)

Nov. 3, 2025

Nov. 3, 2025

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40

MOTION for Augustus Invictus to Withdraw as Attorney by All Plaintiffs. (Invictus, Augustus) Motions referred to Magistrate Judge Daniel C. Irick. (Entered: 11/20/2025)

Nov. 20, 2025

Nov. 20, 2025

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MOTION for Hearing on Westfall Act Certification by All Plaintiffs. (Attachments: # 1 Exhibit Bertino Affidavit)(Ranieri, Thomas) (Entered: 11/20/2025)

1 Exhibit Bertino Affidavit

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Nov. 20, 2025

Nov. 20, 2025

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42

ENDORSED ORDER granting 40 Plaintiffs' motion for Augustus Invictus to Withdraw as Attorney. Augustus Invictus is terminated from this case. Signed by Judge Anne-Leigh Gaylord Moe on 12/2/2025. (LIA) (Entered: 12/02/2025)

Dec. 2, 2025

Dec. 2, 2025

Order on Motion to Withdraw as Attorney

Dec. 2, 2025

Dec. 2, 2025

43

RESPONSE in Opposition re 41 MOTION for Hearing on Westfall Act Certification filed by Nicole Miller, United States of America. (Fuchs, Siegmund) (Entered: 12/04/2025)

Dec. 4, 2025

Dec. 4, 2025

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NOTICE of hearing: Status Conference set for 1/15/2026 at 10:00 AM in Orlando Courtroom 3 B before Judge Anne-Leigh Gaylord Moe. This hearing will be in person, no remote appearances permitted. (RMF) (Entered: 01/05/2026)

Jan. 5, 2026

Jan. 5, 2026

Notice of Hearing

Jan. 5, 2026

Jan. 5, 2026

45

Minute Entry. In Person Proceedings held before Judge Anne-Leigh Gaylord Moe: STATUS CONFERENCE held on 1/15/2026. Court Reporter: Heather Suarez (RMF) (Entered: 01/15/2026)

Jan. 15, 2026

Jan. 15, 2026

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46

SUPPLEMENT Brief on Discovery by Nicole Miller, United States of America. (Fuchs, Siegmund) Modified text on 1/26/2026 (MGB). (Entered: 01/23/2026)

Jan. 23, 2026

Jan. 23, 2026

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SUPPLEMENT Brief on Discovery by Joseph Biggs, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Enrique Tarrio. (Ranieri, Thomas) (Entered: 01/25/2026)

Jan. 25, 2026

Jan. 25, 2026

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48

STANDING ORDER REQUIRING DISCLOSURE OF THIRD-PARTY LITIGATION FUNDING. Signed by Judge Anne-Leigh Gaylord Moe on 3/9/2026. (RMF) (Entered: 03/09/2026)

March 9, 2026

March 9, 2026

Clearinghouse
49

CERTIFICATE of compliance regarding Third Party Funding by Nicole Miller, United States of America. (Fuchs, Siegmund) (Entered: 03/10/2026)

March 10, 2026

March 10, 2026

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50

***STRICKEN AND REMOVED PER ORDER 53*** NOTICE by Joseph Biggs, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Enrique Tarrio Verified Disclosure of Third-Party Funding (Attachments: # 1 Exhibit GSG Campaign, # 2 Exhibit Donor List)(Ranieri, Thomas) Modified on 3/16/2026 to strike and remove as directed (RPB). (Entered: 03/12/2026)

1 Exhibit GSG Campaign

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2 Exhibit Donor List

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March 12, 2026

March 12, 2026

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51

MOTION for Clarification on Standing Order Requiring Disclosure of Third-Party Litigation Funding by All Plaintiffs. (Ranieri, Thomas) (Entered: 03/12/2026)

March 12, 2026

March 12, 2026

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ENDORSED ORDER granting 51 Motion for Clarification. Plaintiffs' disclosure to date adequately complies with the Standing Order. Signed by Judge Anne-Leigh Gaylord Moe on 3/13/2026. (LIA) (Entered: 03/13/2026)

March 13, 2026

March 13, 2026

Order on Motion for Reconsideration / Clarification

March 13, 2026

March 13, 2026

53

AMENDED ENDORSED ORDER striking 50 Plaintiff's Verified Disclosure. Plaintiffs' Verified Disclosure sufficiently complied with the Standing Order but the de minimus nature of the 2,264 donations made on a GiveSendGo account created by one of the plaintiff's family members, when weighed against Plaintiff's concerns about disclosure because of the unique nature of this case, justifies striking the Verified Disclosure from the docket and directing that the residential address of Plaintiff's family members be redacted and Exhibit 2 be re-filed under seal. The Clerk is directed to remove from the docket 50 Plaintiff's Verified Disclosure, filed on March 12, 2026. When the Verified Disclosure is re-filed, the Clerk is directed to accept Exhibit 2 to be filed under seal. Signed by Judge Anne-Leigh Gaylord Moe on 3/16/2026. (LIA) (Entered: 03/16/2026)

March 16, 2026

March 16, 2026

Order

March 16, 2026

March 16, 2026

54

Revised Verified Disclosure of Third-Party Funding by Joseph Biggs, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Enrique Tarrio (Ranieri, Thomas) Modified on 3/24/2026 to edit docket text. (WLB). (Entered: 03/23/2026)

March 23, 2026

March 23, 2026

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SUPPLEMENT re 54 Notice (Other) Exhibit A to Revised Verified Disclosure of Third-Party Funding by Joseph Biggs, Ethan Nordean, Dominic Pezzola, Zachary Rehl, Enrique Tarrio. (Ranieri, Thomas) (Entered: 03/24/2026)

March 24, 2026

March 24, 2026

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SEALED DOCUMENT Exhibit B to Plaintiffs' Revised Verified Disclosure of Third-Party Funding re 53 Order, 54 Notice (Other) by All Plaintiffs (Ranieri, Thomas). (Entered: 03/24/2026)

March 24, 2026

March 24, 2026

Case Details

State / Territory:

Florida

Case Type(s):

Election/Voting Rights

Special Collection(s):

January 6 (2021) Civil Cases

Key Dates

Filing Date: June 6, 2025

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are Proud Boys who stormed the capitol during the January 6 insurrection

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States of America

Defendant Type(s):

Law-enforcement

Case Details

Causes of Action:

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Sixth Amendment (criminal jury, other rights)

Unreasonable search and seizure

Other Dockets:

Middle District of Florida 6:25-cv-00998

Available Documents:

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Damages

Relief Granted:

None yet

Source of Relief:

None yet

Issues

Policing:

Over/Unlawful Detention (policing)

Recommended Citation