Case: ICEBreakers v. Nunez

1:26-cv-25395 | U.S. District Court for the Southern District of Florida

Filed Date: Aug. 11, 2026

Case Ongoing

Clearinghouse coding in progress

Case Summary

(This summary is temporary as we research the case.)

On August 11, 2026, a student-led anti-ICE coalition and seven Florida International University students sued FIU's president, board chair, and three student-conduct administrators in their individual capacities, in the U.S. District Court for the Southern District of Florida, bringing a First Amendment claim. The students had participated in an indoor protest on campus in March 2026 where they wore anti-ICE t-shirts. They were charged with misconduct under a university regulation banning protests and other expressive activities inside campus buildings. Plaintiffs alleged that the indoor ban was content-based and overbroad. The judge granted a preliminary injunction on on August 23, 2026.

Summary Authors

Amanda Gao (8/28/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/73873936/parties/icebreakers-v-nunez/


Documents in the Clearinghouse

Documents in this case
1

1:26-cv-25395

Complaint

ICEBreakers et al. v. Nunez et al.

Aug. 11, 2026

Aug. 11, 2026

Complaint
20

1:26-cv-25395

Order Granting Plaintiffs' Expedited Motion for Preliminary Injunction

ICEBreakers et al. v. Nunez et al.

Aug. 23, 2026

Aug. 23, 2026

Order/Opinion

2026 WL 2468485

Docket

See docket on RECAP: https://www.courtlistener.com/docket/73873936/icebreakers-v-nunez/

Last updated Aug. 28, 2026, 10:30 p.m.

Docket for: ICEBreakers v. Nunez
ECF Number Date Description Link
1 Aug. 11, 2026

COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19850032, filed by James Kuhlman, Andrew Caro, Reinier Luna, Allyson Basden, Katyayani Tripathi, Kaitlyn Daley, ICEBreakers, Caleb Dean. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Warren, Nicholas) (Entered: 08/11/2026)

1 Civil Cover Sheet

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2 Summon(s)

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Clearinghouse
2 Aug. 11, 2026

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. (blc) (Entered: 08/11/2026)

RECAP
3 Aug. 11, 2026

Summons Issued as to Carlos Duart, Phillip Lloyd Hamilton, Jeanette Nunez, Devin Parra, Amelia Rodriguez. (blc) (Entered: 08/11/2026)

RECAP
4 Aug. 11, 2026

EXPEDITED MOTION for Preliminary Injunction by Allyson Basden, Andrew Caro, Kaitlyn Daley, Caleb Dean, ICEBreakers, James Kuhlman, Reinier Luna, Katyayani Tripathi. Responses due by 8/25/2026. (Attachments: # 1 Fondren Declaration, # 2 Basden Declaration, # 3 Caro Declaration, # 4 Daley Declaration, # 5 Dean Declaration, # 6 Kuhlman Declaration, # 7 Tripathi Declaration, # 8 Luna Declaration, # 9 Rivera Email, # 10 Police Report, # 11 Regulation 110, # 12 Regulation 2501 Student Conduct & Honor Code, # 13 Charge Letter, # 14 Decision Letter, # 15 Letter Denying Appeal, # 16 Letter Granting Extension)(Warren, Nicholas) (Entered: 08/11/2026)

1 Fondren Declaration

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2 Basden Declaration

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3 Caro Declaration

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4 Daley Declaration

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5 Dean Declaration

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6 Kuhlman Declaration

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7 Tripathi Declaration

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8 Luna Declaration

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9 Rivera Email

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10 Police Report

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11 Regulation 110

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12 Regulation 2501 Student Conduct & Honor Code

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13 Charge Letter

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14 Decision Letter

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15 Letter Denying Appeal

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16 Letter Granting Extension

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RECAP
5 Aug. 11, 2026

PAPERLESS ORDER REGARDING PROCEDURES. The parties shall comply with the following procedures: 1. SERVICE: Federal Rule of Civil Procedure 4(m) requires service of summons and complaint to be perfected upon Defendants within 90 days after the filing of the complaint. Unless service is waived, proof of service must be made to the Court by filing the server's affidavit. If a Defendant waives service, notice of the same shall be filed immediately. Failure to file proof of service or show good cause within 90 days will result in a dismissal without prejudice and without further notice. 2. DEFAULTS: In the event a served Defendant does not appear in this action, the Plaintiff(s) shall file a Motion for Clerk's Default within seven days of the deadline for the Defendant to answer. Extensions of time to answer a pleading must take the form of a motion to the Court. Motions for Final Default Judgment shall be filed within seven days of the entry of a Clerk's Default. Any motions for default final judgment must comply with the Court's Standing Procedures Regarding Motions for Default Final Judgment found at: https://www.flsd.uscourts.gov/sites/flsd/files/JudgeBecerraStandingOrderMotionsforDefaultJudgment.pdf. 3. CERTIFICATE OF INTERESTED PARTIES: Within fifteen days from the date the last Defendant enters an appearance in this action, the parties, including governmental parties, must file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties must not include the undersigned or the assigned Magistrate Judge as interested parties unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the Certificates. 4. JOINT SCHEDULING REPORTS: Within twenty days from the date the last Defendant enters an appearance in this action, the parties are directed to prepare and file a Joint Scheduling Report as required by Local Rule 16.1. Disclosures required under Fed. R. Civ. P. 26(a)(l) must be made at or before the time the parties confer to develop their case management and discovery plan. The parties must certify in the Joint Scheduling Report that such disclosures have been made unless a party files an objection to a required disclosure. Such filed objection must include a full explanation of the basis for the objection. The scheduling conference may be held via video conference or in person. It may not be held by telephone. In drafting their Joint Proposed Scheduling Order, the parties shall utilize the Court's Template Scheduling Order, found at https://www.flsd.uscourts.gov/sites/flsd/files/JB_RevisedTemplateSchedulingOrder.pdf. Any deviation from the guidelines set forth in the Court's Template Scheduling Order or those proposed by the Local Rules must be noted in the Joint Scheduling Report along with an explanation for why any deviation is being proposed. Failure to articulate the reason(s) for any deviation from the guidelines set forth in the Court's Template Scheduling Order may result in the Court setting pre-trial deadlines and/or a trial date without regard to those proposed by the parties. 5. FILING OF MOTIONS: All filings must be in a 12-point font and double spaced. Single spacing is only permitted for footnotes. The required conferral under Local Rule 7.1 must be by telephone or in person. An e-mail conferral will only be permitted if counsel are in agreement as to the relief sought in the motion. 6. EXTENSIONS OF TIME: Requests for extensions of time, including unopposed motions, will only be granted by the Court upon an appropriate motion showing good cause why the deadline cannot be met. Absent an emergency, motions for extensions of time must be filed no later than three business days prior to the deadline from which relief is being sought. All requests for extensions of time must include: (1) the conferral statement required under Local Rule 7.1; (2) a list of any prior motions for extension of time; (3) a specific statement regarding the circumstances necessitating the requested relief; and (4) a statement as to whether the request impacts the deadline to file a dispositive motion or trial date. Signed by Judge Jacqueline Becerra (ics) (Entered: 08/11/2026)

RECAP
6 Aug. 11, 2026

PAPERLESS ORDER. THIS CAUSE comes before the Court upon sua sponte review of the record. A preliminary injunction hearing will be set by the Court once Plaintiffs file proof of service on Defendants. Defendants shall file any response to Plaintiffs' Motion for Preliminary Injunction, ECF No. 4, by no later than three (3) days after service. Plaintiffs shall file any reply by no later than two (2) days after Defendants' response is filed. Signed by Judge Jacqueline Becerra (ics) (Entered: 08/11/2026)

RECAP
Aug. 11, 2026

Clerk's Notice of Judge Assignment and Optional Consent

Aug. 11, 2026

- Order (PAPERLESS or pdf attached)

7 Aug. 12, 2026

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by James Kuhlman, Andrew Caro, Reinier Luna, Allyson Basden, Katyayani Tripathi, Kaitlyn Daley, ICEBreakers, Caleb Dean. Carlos Duart served on 8/11/2026, response/answer due 9/1/2026; Phillip Lloyd Hamilton served on 8/11/2026, response/answer due 9/1/2026; Jeanette Nunez served on 8/11/2026, response/answer due 9/1/2026; Devin Parra served on 8/11/2026, response/answer due 9/1/2026; Amelia Rodriguez served on 8/11/2026, response/answer due 9/1/2026. (Warren, Nicholas) (Entered: 08/12/2026)

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8 Aug. 12, 2026

CERTIFICATE OF SERVICE by Allyson Basden, Andrew Caro, Kaitlyn Daley, Caleb Dean, ICEBreakers, James Kuhlman, Reinier Luna, Katyayani Tripathi re 4 EXPEDITED MOTION for Preliminary Injunction All Defendants served on 8/11/2026 (Warren, Nicholas) (Entered: 08/12/2026)

RECAP
9 Aug. 12, 2026

Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Allyson Basden, Andrew Caro, Kaitlyn Daley, Caleb Dean, ICEBreakers, James Kuhlman, Reinier Luna, Katyayani Tripathi (Warren, Nicholas) (Entered: 08/12/2026)

RECAP
10 Aug. 12, 2026

NOTICE of Attorney Appearance by Mohammad Omar Jazil on behalf of Carlos Duart, Phillip Lloyd Hamilton, Jeanette Nunez, Devin Parra, Amelia Rodriguez. Attorney Mohammad Omar Jazil added to party Carlos Duart(pty:dft), Attorney Mohammad Omar Jazil added to party Phillip Lloyd Hamilton(pty:dft), Attorney Mohammad Omar Jazil added to party Jeanette Nunez(pty:dft), Attorney Mohammad Omar Jazil added to party Devin Parra(pty:dft), Attorney Mohammad Omar Jazil added to party Amelia Rodriguez(pty:dft). (Jazil, Mohammad) (Entered: 08/12/2026)

RECAP
11 Aug. 12, 2026

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 4 EXPEDITED MOTION for Preliminary Injunction by Carlos Duart, Phillip Lloyd Hamilton, Jeanette Nunez, Devin Parra, Amelia Rodriguez. Responses due by 8/26/2026. (Attachments: # 1 Text of Proposed Order)(Jazil, Mohammad) (Entered: 08/12/2026)

1 Text of Proposed Order

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RECAP
12 Aug. 12, 2026

PAPERLESS ORDER. THIS CAUSE comes before the Court upon Defendants' Unopposed Motion for Extension of Time to Respond to Preliminary Injunction Motion (the "Motion"). ECF No. 11 . 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, ECF No. 11, is GRANTED. Defendants shall respond to Plaintiffs' Preliminary Injunction Motion by no later than 5 p.m. on August 17, 2026. Signed by Judge Jacqueline Becerra (ics) (Entered: 08/12/2026)

RECAP
Aug. 12, 2026

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

13 Aug. 13, 2026

PAPERLESS ORDER SETTING ORAL ARGUMENT. Oral argument on Plaintiff's Motion for Preliminary Injunction, ECF No. 4, is hereby SET for August 20, 2026, 10:00 a.m. before the undersigned at the Wilkie D. Ferguson Jr. Courthouse, Courtroom 11-4, 400 North Miami Avenue, Miami, Florida 33128. Signed by Judge Jacqueline Becerra (ics) (Entered: 08/13/2026)

RECAP
Aug. 13, 2026

Order Setting Hearing on Motion

14 Aug. 17, 2026

RESPONSE in Opposition re 4 EXPEDITED MOTION for Preliminary Injunction filed by Carlos Duart, Phillip Lloyd Hamilton, Jeanette Nunez, Devin Parra, Amelia Rodriguez. Replies due by 8/24/2026. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Jazil, Mohammad) (Entered: 08/17/2026)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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RECAP
15 Aug. 17, 2026

NOTICE of Lodging and Conventional Filing by Carlos Duart, Phillip Lloyd Hamilton, Jeanette Nunez, Devin Parra, Amelia Rodriguez re 14 Response in Opposition to Motion, (Jazil, Mohammad) (Entered: 08/17/2026)

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16 Aug. 19, 2026

NOTICE OF CONVENTIONAL FILING of USB Flash Drive by Carlos Duart, Phillip Lloyd Hamilton, Jeanette Nunez, Devin Parra, Amelia Rodriguez. (blc) (Entered: 08/19/2026)

RECAP
17 Aug. 19, 2026

**TIME CHANGE ONLY** PAPERLESS ORDER RESETTING ORAL ARGUMENT. Oral argument on Plaintiff's Motion for Preliminary Injunction, ECF No. 4, is hereby RESET for August 20, 2026, 1:00 p.m. before the undersigned at the Wilkie D. Ferguson Jr. Courthouse, Courtroom 11-4, 400 North Miami Avenue, Miami, Florida 33128. Signed by Judge Jacqueline Becerra (ics) (Entered: 08/19/2026)

RECAP
18 Aug. 19, 2026

REPLY in Support of Motion re 4 EXPEDITED MOTION for Preliminary Injunction . filed by Allyson Basden, Andrew Caro, Kaitlyn Daley, Caleb Dean, ICEBreakers, James Kuhlman, Reinier Luna, Katyayani Tripathi. (Tilley, Daniel) (Entered: 08/19/2026)

RECAP
Aug. 19, 2026

Order Setting Hearing on Motion

19 Aug. 20, 2026

PAPERLESS Minute Entry for proceedings held before Judge Jacqueline Becerra: Motion Hearing held on 8/20/2026 re 4 EXPEDITED MOTION for Preliminary Injunction filed by Caleb Dean, Reinier Luna, Kaitlyn Daley, Andrew Caro, Allyson Basden, ICEBreakers, Katyayani Tripathi, James Kuhlman. Order to follow. Total time in court: 1 hour : 15 minutes. Attorney Appearance(s): Nicholas Lyndol Villacor Warren, Caroline Andrews McNamara, Michelle Morton, Amy Nicole Godshall, Daniel Boaz Tilley, Reid Elliot Levin, Adam Cardon Saper, Miriam Fahsi Haskell, Alana J Greer, James Murray Slater, Mohammad Omar Jazil, Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (jlb) (Entered: 08/20/2026)

RECAP
Aug. 20, 2026

MOTION Hearing or Evidentiary Motion Hearing

20 Aug. 23, 2026

ORDER GRANTING PLAINTIFFS' EXPEDITED MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Jacqueline Becerra. See attached document for full details. (ics)

Clearinghouse
21 Aug. 27, 2026

TRANSCRIPT of Preliminary Injunction hearing held on 8-20-26 before Judge Jacqueline Becerra, Volume Number 1 of 1, 1-66 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 9/17/2026. Redacted Transcript Deadline set for 9/28/2026. Release of Transcript Restriction set for 11/25/2026. (vas)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Aug. 11, 2026

Case Ongoing: Yes

Case Details

Other Dockets:

Southern District of Florida 1:26-cv-25395

Recommended Citation