Case: State of Florida v. Department of Homeland Security

State of Florida et al. v. The Department of Homeland Security et al.

State of Florida v. The Department of Homeland Security

State of Florida v. United States Department of Homeland Security

COMPLAINT against All Defendants ( Filing fee $ 405 receipt number AFLNDC-9100965.), filed by STATE OF FLORIDA, FLORIDA DEPARTMENT OF STATE. (Attachments: # 1 Exhibit Memorandum of Agreement, # 2 Exhibit McVay Letter to USCIS, # 3 Exhibit USCIS Response Letter, # 4 Exhibit Email re Request for Information, # 5 Civil Cover Sheet, # 6 Summonses) (PERCIVAL, JAMES) (Entered: 10/16/2024)

1 Exhibit Memorandum of Agreement

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2 Exhibit McVay Letter to USCIS

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3 Exhibit USCIS Response Letter

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4 Exhibit Email re Request for Information

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5 Civil Cover Sheet

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6 Summonses

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Summons Issued as to DEPARTMENT OF HOMELAND SECURITY, ALEJANDRO MAYORKAS. (alb) (Entered: 10/17/2024)

NOTICE of Appearance by ASHLEY E DAVIS on behalf of FLORIDA DEPARTMENT OF STATE (DAVIS, ASHLEY) (Entered: 10/17/2024)

NOTICE of Appearance by JOSEPH SCOTT VAN DE BOGART on behalf of FLORIDA DEPARTMENT OF STATE (VAN DE BOGART, JOSEPH) (Entered: 10/17/2024)

NOTICE of Appearance by BRADLEY ROBERT MCVAY on behalf of FLORIDA DEPARTMENT OF STATE (MCVAY, BRADLEY) (Entered: 10/17/2024)

NOTICE of Proof of Service by STATE OF FLORIDA, FLORIDA DEPARTMENT OF STATE (Attachments: # 1 Exhibit Certified Mail Receipts, # 2 Exhibit USPS Tracking) (CHRISTMAS, NATALIE) (Entered: 11/04/2024)

NOTICE of Appearance by STEPHEN MICHAEL PEZZI on behalf of All Defendants (PEZZI, STEPHEN) (Entered: 12/09/2024)

MOTION for Extension of Time to File Answer re 1 Complaint, (Unopposed) by DEPARTMENT OF HOMELAND SECURITY, ALEJANDRO MAYORKAS. (PEZZI, STEPHEN) (Entered: 12/09/2024)

ORDER GRANTING EXTENSION OF TIME, re 8 MOTION for Extension of Time to File Answer. ( Answer due by 2/18/2025.) Signed by JUDGE T KENT WETHERELL II on 12/10/2024. (alb) (Entered: 12/10/2024)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 7 Notice of Appearance. (Proposed ISO prepared.) (alb)

Consent MOTION to Withdraw as Attorney by STATE OF FLORIDA. (PERCIVAL, JAMES) (Entered: 01/14/2025)

ORDER granting 10 Motion to Withdraw as Attorney. Attorney James Percival shall have no further obligation to represent Plaintiff in this case. The Clerk shall terminate Mr. Percival as counsel of record for Plaintiff in CM/ECF. Attorney JAMES HAMILTON PERCIVAL, II terminated Signed by JUDGE T KENT WETHERELL II on 01/15/2025. (alb) (Entered: 01/15/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 10 Consent MOTION to Withdraw as Attorney. (alb)

NOTICE of Appearance by CALEB ANTHONY STEPHENS on behalf of STATE OF FLORIDA (STEPHENS, CALEB) (Entered: 02/05/2025)

NOTICE of Appearance by DAVID MATTHEW COSTELLO on behalf of STATE OF FLORIDA (COSTELLO, DAVID) (Entered: 02/05/2025)

NOTICE of Appearance by KEVIN A GOLEMBIEWSKI on behalf of STATE OF FLORIDA (GOLEMBIEWSKI, KEVIN) (Entered: 02/05/2025)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF HOMELAND SECURITY, ALEJANDRO MAYORKAS. (PEZZI, STEPHEN) (Entered: 02/05/2025)

ORDER GRANTING EXTENSION OF TIME AND SUBSTITUTION PARTIES. Re 15 Consent MOTION for Extension of Time to File Answer re 1 Complaint. The motion is GRANTED, and Defendants have until May 19, 2025, to answer or otherwise respond to the complaint. The Clerk shall update CM/ECF to reflect that Kristi Noem has replaced Alexandro Mayorkas as a defendant under Fed. R. Civ. P. 25(d). ( Answer due by 5/19/2025.) KRISTI NOEM added. ALEJANDRO MAYORKAS terminated. Signed by JUDGE T KENT WETHERELL II on 02/06/2025. (alb) (Entered: 02/06/2025)

Consent MOTION to Withdraw as Attorney by STATE OF FLORIDA, FLORIDA DEPARTMENT OF STATE. (CHRISTMAS, NATALIE) (Entered: 02/19/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: 17 Consent MOTION to Withdraw as Attorney. (alb)

ORDER granting 17 Motion to Withdraw as Attorney. Attorney Natalie Christmas shall have no further obligation to represent Plaintiff in this case. The Clerk shall terminate Ms. Christmas as counsel of record for Plaintiff in CM/ECF. Signed by JUDGE T KENT WETHERELL II on 02/20/2025. Attorney NATALIE CHRISTMAS terminated. (alb) (Entered: 02/20/2025)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF HOMELAND SECURITY, KRISTI NOEM. (PEZZI, STEPHEN) (Entered: 05/15/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 19 Consent MOTION for Extension of Time to File Answer re 1 Complaint. (alb)

ORDER GRANTING EXTENSION OF TIME. Re: 19 Consent MOTION for Extension of Time to File Answer re 1 Complaint. Signed by JUDGE T KENT WETHERELL II on 05/16/2025. ( Answer due by 7/18/2025.) (alb) (Entered: 05/16/2025)

Consent MOTION to Withdraw as Attorney by STATE OF FLORIDA, FLORIDA DEPARTMENT OF STATE. (GUARD, JOHN) (Entered: 06/20/2025)

ORDER: Upon due consideration of the motion to withdraw as counsel (Doc. 21 ), it is ORDERED that attorney John Guard has no further obligation to represent Plaintiff in this case and the Clerk shall terminate him as counsel of record for Plaintiff in CM/ECF. Signed by JUDGE T KENT WETHERELL II on 6/23/2025. (jcw) (Entered: 06/23/2025)

Consent MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF HOMELAND SECURITY, KRISTI NOEM. (PEZZI, STEPHEN) (Entered: 07/15/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 23 Consent MOTION for Extension of Time to File Answer re 1 Complaint. (alb)

ORDER GRANTING EXTENSION OF TIME. Re: 23 Consent MOTION for Extension of Time to File Answer re 1 Complaint. Signed by JUDGE T KENT WETHERELL II on 07/16/2025.( Answer due by 9/15/2025.) (alb) (Entered: 07/16/2025)

MOTION for Extension of Time to File Answer re 1 Complaint, by DEPARTMENT OF HOMELAND SECURITY, KRISTI NOEM. (PEZZI, STEPHEN) (Entered: 09/11/2025)

Set Deadlines/Hearings re 25 Motion for Extension of Time. (Internal deadline for referral to judge if response not filed earlier: 9/25/2025). (alb)

ORDER GRANTING EXTENSION OF TIME, re 25 MOTION for Extension of Time to File Answer re 1 Complaint. The motion for extension of time is GRANTED in part and Defendants have until October 14, 2025, to answer or otherwise respond to the complaint. Signed by JUDGE T KENT WETHERELL II on 09/12/2025.( Answer due by 10/14/2025.) (alb) (Entered: 09/12/2025)

MOTION to Stay (Unopposed) due to Lapse in Appropriations by DEPARTMENT OF HOMELAND SECURITY, KRISTI NOEM. (PEZZI, STEPHEN) (Entered: 10/01/2025)

ORDER TOLLING RESPONSE DEADLINE re granting 27 MOTION to Stay. Defendants' deadline to answer or otherwise respond to the complaint is tolled based on the "government shutdown" caused by the lapse in appropriations. Defendants have 14 days from the date the shutdown ends and/or funding is restored to the Department of Justice to answer or otherwise respond to the complaint. Signed by JUDGE T KENT WETHERELL II on 10/2/2025. (jcw) (Main Document 28 replaced on 10/2/2025) (jcw). (Entered: 10/02/2025)

Set Deadlines/Hearings re 28 Order. Deadline for clerk to check status of stay by 12/1/2025. (alb)

First AMENDED COMPLAINT against STATE OF FLORIDA, FLORIDA DEPARTMENT OF STATE, filed by STATE OF FLORIDA, FLORIDA DEPARTMENT OF STATE. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (STEPHENS, CALEB) (Entered: 11/28/2025)

1 Exhibit

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2 Exhibit

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MOTION to Dismiss by FLORIDA DEPARTMENT OF STATE, STATE OF FLORIDA. (Internal deadline for referral to judge if response not filed earlier: 12/12/2025). (Attachments: # 1 Exhibit, # 2 Exhibit) (STEPHENS, CALEB) (Entered: 11/28/2025)

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ORDER. The 30 Motion is GRANTED, it is further ordered that the above-captioned case is DISMISSED WITH PREJUDICE, under Federal Rule of Civil Procedure 41(a)(2); it is further ordered that the Court retains jurisdiction over this case for a period of twenty years from the date of this order for the purposes of enforcement of the parties' settlement agreement, which is approved by and incorporated by reference into this order. (Please see full order.) Signed by JUDGE T KENT WETHERELL II on 12/1/2025. (alb) (Entered: 12/01/2025)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 30 Plaintiffs' Unopposed Motion to Dismiss, 29 Amended Complaint. (alb)

MOTION enforce settlement agreement re 31 Order Dismissing Case,, by FLORIDA DEPARTMENT OF STATE, STATE OF FLORIDA. (Attachments: # 1 Exhibit Declaration of Maria Matthews, # 2 Exhibit Declaration of Brian Katz) (MUEHLHOFF, JASON) (Entered: 06/30/2026)

1 Exhibit Declaration of Maria Matthews

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2 Exhibit Declaration of Brian Katz

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ORDER REQUIRING EXPEDITED RESPONSE, re 32 MOTION enforce settlement agreement. Defendants have until noon Central Time on Thursday, July 2, 2026, to respond to the emergency motion and explain why they are not in violation of the settlement agreement and why the Court should not require them to comply with the settlement agreement by immediately restoring (1) the bulk upload function in SAVE and (2) the ability to search with Social Security Numbers in SAVE. Signed by JUDGE T KENT WETHERELL II on 06/30/2026. (Internal deadline for referral to judge if response not filed earlier: 7/2/2026). (alb) (Entered: 06/30/2026)

NOTICE OF ADDITIONAL AUTHORITY by BRENNA BIRD. (Attachments: # 1 Affidavit Declaration of Aaron Baack) (MUEHLHOFF, JASON) Modified on 7/2/2026 to edit title (jcw). (Entered: 07/01/2026)

1 Affidavit Declaration of Aaron Baack

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NOTICE of Appearance by GERALD EDWARD GREENBERG on behalf of LEAGUE OF WOMEN VOTERS, ELECTRONIC PRIVACY INFORMATION CENTER (GREENBERG, GERALD) (Entered: 07/01/2026)

NOTICE of Appearance by DANIEL R WALSH on behalf of ELECTRONIC PRIVACY INFORMATION CENTER, LEAGUE OF WOMEN VOTERS (WALSH, DANIEL) (Entered: 07/01/2026)

MOTION for Leave to File (Unopposed) a Brief as Amici Curiae by ELECTRONIC PRIVACY INFORMATION CENTER, LEAGUE OF WOMEN VOTERS. (Attachments: # 1 Exhibit 1 - Proposed Brief of Amici Curiae) (GREENBERG, GERALD) (Entered: 07/01/2026)

1 Exhibit 1 - Proposed Brief of Amici Curiae

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NOTICE of Appearance by LAUREN CROWELL BINGHAM on behalf of ELECTRONIC PRIVACY INFORMATION CENTER, LEAGUE OF WOMEN VOTERS (BINGHAM, LAUREN) (Entered: 07/01/2026)

ORDER granting 37 MOTION for Leave to File. The amicus brief filed by the League of Women Voters and Electronic Privacy Information Center (Doc. 37 -1) is accepted. Defendants shall address the arguments in the amicus brief in their response to Plaintiffs' motion, and the deadline for the response is extended to 5:00 p.m. Central Time on 7/2/2026. Plaintiffs may file a reply addressing the arguments in the amicus brief no later than 5:00 p.m. Central Time on 7/3/2026. Signed by JUDGE T KENT WETHERELL II on 7/2/2026. (jcw) (Entered: 07/02/2026)

MOTION to Appear Pro Hac Vice by Aman George.( Filing fee $ 219 receipt number AFLNDC-9955499.) by LEAGUE OF WOMEN VOTERS. (GEORGE, AMAN) (Entered: 07/02/2026)

NOTICE of Appearance by DANIEL MARTIN RIESS on behalf of All Defendants (RIESS, DANIEL) (Entered: 07/02/2026)

MEMORANDUM in Opposition re 32 MOTION enforce settlement agreement re 31 Order Dismissing Case,,, RESPONSE in Opposition filed by DEPARTMENT OF HOMELAND SECURITY, KRISTI NOEM. (Attachments: # 1 Exhibit League of Women Voters v DHS) (RIESS, DANIEL) (Entered: 07/02/2026)

1 Exhibit League of Women Voters v DHS

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REPLY to Response to Motion re 32 MOTION enforce settlement agreement re 31 Order Dismissing Case,, filed by STATE OF FLORIDA. (MUEHLHOFF, JASON) (Entered: 07/03/2026)

ORDER granting 40 Motion to Appear Pro Hac Vice. Attorney Aman George is authorized to appear pro hac vice for Amici League of Women Voters and Electronic Privacy Information Center. Signed by JUDGE T KENT WETHERELL II on 07/06/2026. (alb) (Entered: 07/06/2026)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 32 MOTION enforce settlement agreement re 31 Order Dismissing Case, 34 Notice of Additional Authority, 42 Response in Opposition to Motion, 43 Reply to Response to Motion. 40 MOTION to Appear Pro Hac Vice by Aman George. (alb)

ORDER. Plaintiffs' emergency motion to enforce settlement agreement (Doc. 32 ) is GRANTED, and Defendants shall immediately comply with the court-approved settlement agreement in this case by reinstating Plaintiffs' access to the bulk- upload and SSN-search features in the SAVE system. The parties shall file a status report 7 days from the date of this Order regarding Defendants' compliance with this Order and the status of the proceedings in Judge Sooknanan's case and/or the D.C. Circuit. Signed by JUDGE T KENT WETHERELL II on 07/07/2026. ( Status Report due by 7/14/2026.) MARKWAYNE MULLIN added. KRISTI NOEM (IN HER OFFICIAL CAPACITY AS SECRETARY OF THE UNITED STATES DEPARTMENT OF HOMELAND SECURITY) terminated. (alb) (Entered: 07/07/2026)

Consent MOTION to Withdraw as Attorney by FLORIDA DEPARTMENT OF STATE, STATE OF FLORIDA. (WHITAKER, HENRY) (Entered: 07/07/2026)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 46 Consent MOTION to Withdraw as Attorney. (alb)

ORDER: Upon due consideration of the motion to withdraw as counsel (Doc. 46 ), it is ORDERED that the motion is GRANTED, and attorney Henry Whitaker has no further obligation to represent Plaintiffs in this case. The Clerk shall terminate Mr. Whitaker as counsel of record in CM/ECF. Signed by JUDGE T KENT WETHERELL II on 7/8/2026. (jcw) (Entered: 07/08/2026)

Emergency MOTION to Intervene by ELECTRONIC PRIVACY INFORMATION CENTER, LEAGUE OF WOMEN VOTERS. (Attachments: # 1 Memorandum of Law, # 2 Text of Proposed Order, # 3 Exhibit 1, # 4 Exhibit 2) (BINGHAM, LAUREN) (Entered: 07/08/2026)

1 Memorandum of Law

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2 Text of Proposed Order

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3 Exhibit 1

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4 Exhibit 2

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ORDER ESTABLISHING EXPEDITED BRIEFING SCHEDULE, re 48 Emergency MOTION to Intervene, filed by LEAGUE OF WOMEN VOTERS, ELECTRONIC PRIVACY INFORMATION CENTER. Plaintiffs and Defendants have until 5:00 p.m. central time on July 10, 2026, to respond to the proposed intervenors' motion to intervene. The proposed intervenors may file a reply no later than noon central time on July 13, 2026. The Court will rule on the motion as expeditiously as possible, although it may defer consideration of the motion until after reviewing the status report required by the order enforcing the settlement agreement because that could moot or mitigate the urgency of the motion. See Doc. 45 at 10. The deadline for the status report is moved up to noon central time on July 14, 2026. Signed by JUDGE T KENT WETHERELL II on 07/09/2026. (Internal deadline for referral to judge if response not filed earlier: 7/10/2026. Replies due by 7/13/2026. Status Report due by 7/14/2026.) (alb) (Entered: 07/09/2026)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 48 LEAGUE OF WOMEN VOTERS' ANDELECTRONIC PRIVACY INFORMATION CENTER'SEMERGENCY MOTION TO INTERVENE (alb)

RESPONSE in Opposition re 48 Emergency MOTION to Intervene filed by BRENNA BIRD, FLORIDA DEPARTMENT OF STATE, FRANK LAROSE, DIEGO MORALES, PAUL PATE, STATE OF FLORIDA, STATE OF INDIANA, STATE OF OHIO. (MUEHLHOFF, JASON) (Entered: 07/10/2026)

RESPONSE in Opposition re 48 Emergency MOTION to Intervene filed by DEPARTMENT OF HOMELAND SECURITY, MARKWAYNE MULLIN. (Attachments: # 1 Ex. 1 - Email from S. Pezzi to J. Muehlhoff (July 9, 2026)) (PEZZI, STEPHEN) (Entered: 07/10/2026)

1 Ex. 1 - Email from S. Pezzi to J. Muehlhoff (July 9, 2026)

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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 50 PLAINTIFFS' OPPOSITION TO LEAGUE OF WOMEN VOTERS' AND ELECTRONIC PRIVACY INFORMATION CENTER'S EMERGENCY MOTION TO INTERVENE. (alb)

REPLY to Response to Motion re 48 Emergency MOTION to Intervene, MEMORANDUM in Support filed by ELECTRONIC PRIVACY INFORMATION CENTER, LEAGUE OF WOMEN VOTERS. (BINGHAM, LAUREN) (Entered: 07/13/2026)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 51 Defendant's Opposition to Motion to Intervene. (alb)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 52 Reply in Support of League of Women Voters' and Electronic Privacy Information Center's Emergency Motion to Intervene. (alb)

STATUS REPORT Joint Status Report by BRENNA BIRD, FLORIDA DEPARTMENT OF STATE, FRANK LAROSE, DIEGO MORALES, PAUL PATE, STATE OF FLORIDA, STATE OF INDIANA, STATE OF OHIO. (Attachments: # 1 Exhibit Ex. 1 Email from S. Pezzi to J. Muehlhoff 07.09.26, # 2 Exhibit Ex. 2 July 9, 2026 Notice in LWV, # 3 Exhibit Ex. 3 July 10, 2026 Joint Status Report in LWV, # 4 Exhibit Ex.4 July 13, 2026 Notice in LWV, # 5 Exhibit Ex. 5 Opinion Denying Stay Pending Appeal in LWV, # 6 Exhibit Ex. 6 D.C. Circuit Motion for Stay Pending Appeal in LWV) (MUEHLHOFF, JASON) (Entered: 07/14/2026)

1 Exhibit Ex. 1 Email from S. Pezzi to J. Muehlhoff 07.09.26

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2 Exhibit Ex. 2 July 9, 2026 Notice in LWV

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3 Exhibit Ex. 3 July 10, 2026 Joint Status Report in LWV

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4 Exhibit Ex.4 July 13, 2026 Notice in LWV

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5 Exhibit Ex. 5 Opinion Denying Stay Pending Appeal in LWV

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6 Exhibit Ex. 6 D.C. Circuit Motion for Stay Pending Appeal in LWV

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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 53 Status Report. (alb)

ORDER GRANTING MOTION TO INTERVENE. ORDERED that LWV and EPIC's emergency motion to intervene (Doc. 48 ) is GRANTED, and the Clerk shall update their status in CM/ECF from amici to intervenors. Signed by JUDGE T KENT WETHERELL II on 7/19/2026. (pmc) (Entered: 07/19/2026)

NOTICE OF APPEAL as to 45 Order,,,, Add and Terminate Parties,,,, Set Deadlines/Hearings,,, by ELECTRONIC PRIVACY INFORMATION CENTER, LEAGUE OF WOMEN VOTERS. ( Filing fee $605 Receipt Number AFLNDC-9972929.) (BINGHAM, LAUREN) (Entered: 07/20/2026)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 55 Notice of Appeal ; (jcw) (Entered: 07/21/2026)

USCA PROCEDURAL LETTER re: 55 NOTICE OF APPEAL USCA Appeal # 26-12533-C (jcw) (Entered: 07/23/2026)

Set Deadlines re 55 Notice of Appeal : Clerk to check status of Appeal on 10/19/2026. Certificate of Readiness (FRAP 11) due by 8/4/2026. (jcw)

TRANSCRIPT REQUEST Certification That No Transcripts Will Be Ordered by ELECTRONIC PRIVACY INFORMATION CENTER, LEAGUE OF WOMEN VOTERS. (BINGHAM, LAUREN) (Entered: 07/22/2026)

Appeal Deadlines Terminated re 55 Notice of Appeal filed by LEAGUE OF WOMEN VOTERS, ELECTRONIC PRIVACY INFORMATION CENTER. Certificate of Readiness Due 08/04/2026. (alb)

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 55 Notice of Appeal, Appeal No. 26-12533. The entire record on appeal is available electronically. (alb) (Entered: 08/18/2026)