Case: Hand v. Scott [Later, Desantis]

4:17-cv-00128 | U.S. District Court for the Northern District of Florida

Filed Date: March 13, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On March 13, 2017, individuals disenfranchised because of their felony convictions filed this class-action lawsuit in the U.S. District Court for the Northern District of Florida, Tallahassee Division. The plaintiffs sued the governor of Florida, members of his cabinet, and the other members of the Florida Executive Clemency Board under 42 U.S.C. § 1983. The plaintiffs, represented by lawyers from Fair Elections Legal Network, sought certification as a class, declaratory relief, and injunctive …

On March 13, 2017, individuals disenfranchised because of their felony convictions filed this class-action lawsuit in the U.S. District Court for the Northern District of Florida, Tallahassee Division. The plaintiffs sued the governor of Florida, members of his cabinet, and the other members of the Florida Executive Clemency Board under 42 U.S.C. § 1983. The plaintiffs, represented by lawyers from Fair Elections Legal Network, sought certification as a class, declaratory relief, and injunctive relief. They argued that Florida's re-enfranchisement scheme in which the Executive Clemency Board exercised "unfettered discretion" regarding the re-enfranchisement of felons violated the plaintiffs' rights under the First Amendment and Fourteenth Amendment's Due Process clause.

The defendants' moved to dismiss the complaint on June 13, 2017, citing a failure to state a claim under 42 U.S.C. § 1983 for which relief can be granted. Defendants' claimed that Section 2 of the Fourteenth Amendment affirmatively authorizes states to permanently disenfranchise convicted felons, and that authority was not circumvented by right to vote claims in the First Amendment or in Section 1 of the Fourteenth Amendment. They contended that the Florida re-enfranchisement scheme is more generous than what is required under the Constitution.

For the next year, the parties engaged in discovery. the cross-motions for summary judgment were delivered on February 1, 2018. On March 27, 2018, Judge Mark E. Walker granted the plaintiffs' motion for summary judgment on the First Amendment challenge to the board's discretion over re-enfranchisement, the Fourteenth Amendment Equal Protection and 42 U.S.C. §1983 challenge to the arbitrary allocation of re-enfranchisement by the board, and the First Amendment challenge to the lack of timelines for re-enfranchisement which could result in viewpoint discrimination. He denied the plaintiffs' First and Fourteenth amendment challenges to Florida's five-to-seven year waiting periods before felons can begin the re-enfranchisement process. This last count was the basis for the plaintiffs seeking class certification, so the plaintiffs then withdrew their motion for class certification following the ruling.

Judge Walker permanently enjoined the defendants from enforcing the unconstitutional voter registration scheme. Additionally, he ruled that defendants must promulgate specific and neutral criteria to direct vote-restoration decisions before April 26, 2018. The court additionally retained jurisdiction to monitor defendants' compliance, as well as to entertain motions for attorneys' fees and costs. The defendants appealed the judgment to the 11th Circuit on April 4, 2018. 315 F. Supp. 3d 1244.

On April 25, 2018 the 11th Circuit stayed injunctions granted by the district court, pending the resolution of the appeal. (Circuit Judge Stanley Marcus, William H. Pryor, and Beverly B. Martin). 888 F.3d 1206. The court expedited the appeal and heard oral arguments on July 25, 2018.

On November 6, 2018, Florida voters amended their state constitution regarding the re-enfranchisement of convicted felons by referendum vote. On July 1, 2019, the Florida legislature revised its statutory scheme for re-enfranchisement, setting into motion a new system for vote restoration. Plaintiffs became eligible to seek restoration of their voting rights under the new system. Finding that no plaintiff required relief under Florida's former re-enfranchisement system, the 11th Circuit held that the case was moot. 946 F.3d 1272 (Chief Judge Ed Carnes, Circuit Judge Elizabeth L. Branch, and District Judge Darrin P. Gayles, sitting by designation).

On January 30, 2020, Chief Judge Walker dismissed the case as moot.

Summary Authors

Edward Cullen (10/9/2018)

Claire Shimberg (4/22/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6290254/parties/hand-v-scott/


Judge(s)

Branch, Elizabeth Lee (Florida)

Attorney for Plaintiff

Baker, Brittnie R (District of Columbia)

Cohen, Michelle Kanter (District of Columbia)

Attorney for Defendant

Agarwal, Amit (Florida)

Davis, Ashley E. (Florida)

show all people

Documents in the Clearinghouse

Document

4:17-cv-00128

Docket [PACER]

Hand v. Scott

Feb. 10, 2020

Feb. 10, 2020

Docket
1

4:17-cv-00128

Complaint

Hand v. Scott

March 13, 2017

March 13, 2017

Complaint
29

4:17-cv-00128

First Amended Complaint

Hand v. Scott

April 27, 2017

April 27, 2017

Complaint
144

4:17-cv-00128

Order on Cross-Motions for Summary Judgment

Hand v. Scott

Feb. 1, 2018

Feb. 1, 2018

Order/Opinion

285 F.Supp.3d 285

160

4:17-cv-00128

Order Directing Entry of Judgment

Hand v. Scott

March 27, 2018

March 27, 2018

Order/Opinion

315 F.Supp.3d 315

23

4:17-cv-00128

18-11388

Order

Hand v. Scott

U.S. Court of Appeals for the Eleventh Circuit

April 25, 2018

April 25, 2018

Order/Opinion

888 F.3d 888

184

18-11388

Appeal from the United States District Court for the Northern District of Florida

Hand v. DeSantis

U.S. Court of Appeals for the Eleventh Circuit

Jan. 10, 2020

Jan. 10, 2020

Order/Opinion

946 F.3d 946

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6290254/hand-v-scott/

Last updated April 14, 2024, 3:06 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 400 receipt number AFLNDC-3825751.), filed by Yraida Leonides Guanipa, Jospeh James Galasso, James Michael Hand, Jermaine Johnekins, Harold W. Gircsis, Jr, Christopher Michael Smith, William Bass. (Attachments: # 1 Summons for Rick Scott, # 2 Summons for Pam Bondi, # 3 Summons for Jeff Atwater, # 4 Summons for Adam Putnam, # 5 Summons for Ken Detzner, # 6 Summons for Julie Jones, # 7 Summons for Melinda Coonrod, # 8 Summons for David Wyant, # 9 Summons for Richard Davison, # 10 Summons for Julia McCall) (BAKER, BRITTNIE) (Entered: 03/13/2017)

1 Summons for Rick Scott

View on PACER

2 Summons for Pam Bondi

View on PACER

3 Summons for Jeff Atwater

View on PACER

4 Summons for Adam Putnam

View on PACER

5 Summons for Ken Detzner

View on PACER

6 Summons for Julie Jones

View on PACER

7 Summons for Melinda Coonrod

View on PACER

8 Summons for David Wyant

View on PACER

9 Summons for Richard Davison

View on PACER

10 Summons for Julia McCall

View on PACER

March 13, 2017

March 13, 2017

PACER
2

CIVIL COVER SHEET. (BAKER, BRITTNIE) (Entered: 03/13/2017)

March 13, 2017

March 13, 2017

PACER
3

DOCKET ANNOTATION BY COURT TO ATTORNEY BRITTNIE BAKER: Re 1 Complaint - Counsel is advised that party names (including aliases) are to be added using all caps and no punctuation (See "Style Guide for Electronic Case Filing," available on Clerk's website). The party names will be corrected by the clerk. (vkm) (Entered: 03/15/2017)

March 13, 2017

March 13, 2017

PACER
4

Summons Issued as to JEFF ATWATER, PAM BONDI, MELINDA N COONROD, RICHARD D DAVISON, KEN DETZNER, JULIE L JONES, JULIA MCCALL, ADAM H PUTNAM, RICK SCOTT, DAVID A WYANT. (Attachments: # 1 Summons (Bondi), # 2 Summons (Atwater), # 3 Summons (Detzner), # 4 Summons (Jones), # 5 Summons (Putnam), # 6 Summons (Coonrod), # 7 Summons (Wyant), # 8 Summons (Davison), # 9 Summons (McCall)) (vkm) (Entered: 03/15/2017)

1 Summons (Bondi)

View on PACER

2 Summons (Atwater)

View on PACER

3 Summons (Detzner)

View on PACER

4 Summons (Jones)

View on PACER

5 Summons (Putnam)

View on PACER

6 Summons (Coonrod)

View on PACER

7 Summons (Wyant)

View on PACER

8 Summons (Davison)

View on PACER

9 Summons (McCall)

View on PACER

March 15, 2017

March 15, 2017

PACER
5

AFFIDAVIT of Service for Class Action Complaint for Declaratory and Injunctive Relief served on Jeff Atwater on 03/21/2017, filed by WILLIAM BASS, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (MARTIN, DIANA) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
6

AFFIDAVIT of Service for Class Action Complaint for Declaratory and Injunctive Relief served on Melinda Coonrod on 03/22/2017, filed by WILLIAM BASS, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (MARTIN, DIANA) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
7

AFFIDAVIT of Service for Class Action Complaint for Declaratory and Injunctive Relief served on Julia McCall on 03/22/2017, filed by WILLIAM BASS, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (MARTIN, DIANA) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
8

AFFIDAVIT of Service for Class Action Complaint for Declaratory and Injunctive Relief served on Richard D. Davison on 03/22/2017, filed by WILLIAM BASS, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (MARTIN, DIANA) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
9

AFFIDAVIT of Service for Class Action Complaint for Declaratory and Injunctive Relief served on Ken Detzner on 03/22/2017, filed by WILLIAM BASS, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (MARTIN, DIANA) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
10

AFFIDAVIT of Service for Class Action Complaint for Declaratory and Injunctive Relief served on David A. Wyant on 03/22/2017, filed by WILLIAM BASS, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (MARTIN, DIANA) (Entered: 03/28/2017)

March 28, 2017

March 28, 2017

PACER
11

SUMMONS Returned Executed by YRAIDA LEONIDES GUANIPA, JOSEPH JAMES GALASSO, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, HAROLD W GIRCSIS, JR, CHRISTOPHER MICHAEL SMITH, WILLIAM BASS. JEFF ATWATER served on 3/21/2017, answer due 4/11/2017; MELINDA N COONROD served on 3/22/2017, answer due 4/12/2017; RICHARD D DAVISON served on 3/22/2017, answer due 4/12/2017; KEN DETZNER served on 3/22/2017, answer due 4/12/2017; JULIA MCCALL served on 3/22/2017, answer due 4/12/2017; DAVID A WYANT served on 3/22/2017, answer due 4/12/2017. (vkm) (Entered: 03/29/2017)

March 28, 2017

March 28, 2017

PACER
12

AFFIDAVIT of Service for Class Action Complaint for Declaratory and Injunctive Relief served on Julie Jones on 03/27/2017, filed by WILLIAM BASS, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (MARTIN, DIANA) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
13

AFFIDAVIT of Service for Class Action Complaint for Declaratory and Injunctive Relief served on Pam Bondi on 03/27/2017, filed by WILLIAM BASS, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (MARTIN, DIANA) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
14

AFFIDAVIT of Service for Class Action Complaint for Declaratory and Injunctive Relief served on Adam Putnam on 03/27/2017, filed by WILLIAM BASS, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (MARTIN, DIANA) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
15

AFFIDAVIT of Service for Class Action Complaint for Declaratory and Injunctive Relief served on Rick Scott on 03/27/2017, filed by WILLIAM BASS, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (MARTIN, DIANA) (Entered: 03/31/2017)

March 31, 2017

March 31, 2017

PACER
16

DOCKET ANNOTATION BY COURT TO ATTORNEY DIANA MARTIN: Re 12, 13, 14, & 15 Affidavits of Service - Counsel is advised by this entry, that Return of Service should be filed as Summons Returned Executed or Summons Returned Unexecuted. Please use the event selection "Summons Returned Executed" or "Summons Returned Unexecuted" which is found under "Initial Pleadings and Service" under "Service of Process" (vkm) (Entered: 04/03/2017)

March 31, 2017

March 31, 2017

PACER
17

SUMMONS Returned Executed by YRAIDA LEONIDES GUANIPA, JOSEPH JAMES GALASSO, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, HAROLD W GIRCSIS, JR, CHRISTOPHER MICHAEL SMITH, WILLIAM BASS. PAM BONDI served on 3/27/2017, answer due 4/17/2017; JULIE L JONES served on 3/27/2017, answer due 4/17/2017; ADAM H PUTNAM served on 3/27/2017, answer due 4/17/2017; RICK SCOTT served on 3/27/2017, answer due 4/17/2017. (vkm) (Entered: 04/03/2017)

March 31, 2017

March 31, 2017

PACER
18

NOTICE of Appearance by JONATHAN ALAN GLOGAU on behalf of All Defendants (GLOGAU, JONATHAN) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
19

NOTICE of Appearance by ASHLEY E DAVIS on behalf of All Defendants (DAVIS, ASHLEY) (Entered: 04/05/2017)

April 5, 2017

April 5, 2017

PACER
20

MOTION to Appear Pro Hac Vice by JON SHERMAN.( Filing fee $ 201 receipt number AFLNDC-3846652.) by WILLIAM BASS, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (Attachments: # 1 Exhibit D.C. Court of Appeals Certificate of Good Standing - Jon Sherman) (SHERMAN, JONATHAN) (Entered: 04/06/2017)

1 Exhibit D.C. Court of Appeals Certificate of Good Standing - Jon Sherman

View on PACER

April 6, 2017

April 6, 2017

PACER
21

INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 5/22/2017. Discovery due by 8/4/2017. Status Report due by 5/8/2017. Signed by JUDGE MARK E WALKER on 4/6/2017. (vkm) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
22

ORDER ADMITTING JON SHERMAN PRO HAC VICE - This Court has considered, without hearing, Plaintiff' motion for leave to appear pro hac vice. ECF No. 20 . Accordingly, the motion is GRANTED and JON SHERMAN is admitted pro hac vice as counsel for Plaintiffs. Signed by JUDGE MARK E WALKER on 4/6/2017. (vkm) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
23

NOTICE of Appearance by DAVID ANDREW FUGETT on behalf of KEN DETZNER (FUGETT, DAVID) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
24

MOTION to Extend TimeTo Respond, MOTION for Extension of Time to File Response/Reply by JEFF ATWATER, PAM BONDI, MELINDA N COONROD, RICHARD D DAVISON, KEN DETZNER, JULIE L JONES, JULIA MCCALL, ADAM H PUTNAM, RICK SCOTT, DAVID A WYANT. (DAVIS, ASHLEY) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
25

NOTICE of Appearance by WILLIAM JORDAN JONES on behalf of KEN DETZNER (JONES, WILLIAM) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
26

NOTICE of Telephonic Hearing on 24 MOTION to Extend Time :Telephonic Motion Hearing set for 4/12/2017 01:30 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 1:25 PM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 04/06/2017)

April 6, 2017

April 6, 2017

PACER
27

NOTICE of Appearance by JORDAN E PRATT on behalf of All Defendants (PRATT, JORDAN) (Entered: 04/10/2017)

April 10, 2017

April 10, 2017

PACER
28

Minute Entry for proceedings held before JUDGE MARK E WALKER: Motion Hearing held on 4/12/2017 re 24 MOTION to Extend TimeTo Respond. Court GRANTS IN PART AND DENIES IN PART 24 Motion to Extend Time. Plaintiffs Amended Complaint due on or before April 28, 2017. Defendants response due on or before June 13, 2017.( Amended Pleadings due by 4/28/2017., Answer to Amended Complaint due by 6/13/2017.). (Court Reporter Megan Hague.) (pll) (Entered: 04/12/2017)

April 12, 2017

April 12, 2017

PACER
29

FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants All Defendants., filed by YRAIDA LEONIDES GUANIPA, JOSEPH JAMES GALASSO, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, HAROLD W GIRCSIS, JR, CHRISTOPHER MICHAEL SMITH, WILLIAM BASS, JAMES LARRY EXLINE, VIRGINIA KAY ATKINS. (SHERMAN, JONATHAN) (Entered: 04/27/2017)

April 27, 2017

April 27, 2017

RECAP
30

STATUS REPORT JOINT by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (SHERMAN, JONATHAN) (Entered: 05/08/2017)

May 8, 2017

May 8, 2017

PACER

Rest Deadlines Re: 21 INITIAL SCHEDULING ORDER: Status Report due by 6/8/2017. (vkm)

May 9, 2017

May 9, 2017

PACER

Set Deadlines/Hearings:

May 9, 2017

May 9, 2017

PACER
31

REPORT of Rule 26(f) Planning Meeting. (BAKER, BRITTNIE) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: 31 Report of Rule 26(f) Planning Meeting (vkm)

May 19, 2017

May 19, 2017

PACER

Action Required by District Judge

May 19, 2017

May 19, 2017

PACER
32

SCHEDULING ORDER re 31 Report: (Answer to Amended Complaint due by 6/13/2017., Dispositive Motions to be filed by 9/29/2017., Discovery due by 9/1/2017., Response in Opposition to Motion for Class Certification due by 10/20/2017., Motion for Class Certification due by 9/29/2017., Reply to Response in Opposition due by 10/27/2017.) Signed by JUDGE MARK E WALKER on 5/25/2017. (tdl) (Entered: 05/26/2017)

May 25, 2017

May 25, 2017

PACER
33

NOTICE of Appearance by LANCE ERIC NEFF on behalf of JEFF ATWATER, PAM BONDI, MELINDA N COONROD, RICHARD D DAVISON, KEN DETZNER, JULIE L JONES, JULIA MCCALL, ADAM H PUTNAM, RICK SCOTT, DAVID A WYANT (NEFF, LANCE) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
34

STATUS REPORT JOINT by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (SHERMAN, JONATHAN) (Entered: 06/08/2017)

June 8, 2017

June 8, 2017

PACER
35

NOTICE of Appearance by AMIT AGARWAL on behalf of All Defendants (AGARWAL, AMIT) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
36

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION to Dismiss for Lack of Jurisdiction ( (Internal deadline for referral to judge if response not filed earlier: 6/27/2017).) by JEFF ATWATER, PAM BONDI, MELINDA N COONROD, RICHARD D DAVISON, KEN DETZNER, JULIE L JONES, JULIA MCCALL, ADAM H PUTNAM, RICK SCOTT, DAVID A WYANT. (AGARWAL, AMIT) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
37

MOTION to Stay Discovery, MOTION for Extension of Time to Complete Discovery by JEFF ATWATER, PAM BONDI, MELINDA N COONROD, RICHARD D DAVISON, KEN DETZNER, JULIE L JONES, JULIA MCCALL, ADAM H PUTNAM, RICK SCOTT, DAVID A WYANT. (AGARWAL, AMIT) (Entered: 06/13/2017)

June 13, 2017

June 13, 2017

PACER
38

ORDER EXTENDING DEADLINE TO RESPOND TO DISCOVERY REQUESTS re ECF No. 37 . The motion is GRANTED in part and DENIED in part. Signed by JUDGE MARK E WALKER on 6/14/2017. (tdl) (Entered: 06/14/2017)

June 14, 2017

June 14, 2017

PACER
39

MOTION for Extension of Time to File Response/Reply to Defendants' Motion to Dismiss by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (SHERMAN, JONATHAN) (Entered: 06/15/2017)

June 15, 2017

June 15, 2017

PACER
40

ORDER GRANTING EXTENSION TO RESPOND TO MOTION TO DISMISS. This Court has considered, without hearing, Plaintiffs' Unopposed Motion to Extend Time to Respond to Defendants' Motion to Dismiss. ECF No. 39 . The motion is GRANTED. Plaintiffs shall file their response on or before 7/5/2017). Signed by JUDGE MARK E WALKER on 6/16/2017. (kjw) (Entered: 06/16/2017)

June 16, 2017

June 16, 2017

PACER
41

MOTION for Leave to File a Longer Memorandum In Opposition to Defendants' Motion to Dismiss by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (SHERMAN, JONATHAN) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
42

ORDER GRANTING 41 LEAVE TO FILE LONGER MEMORANDUM. Plaintiffs may file a response up to 9,500 words in length. Signed by JUDGE MARK E WALKER on 7/1/17. (pll) (Entered: 07/01/2017)

July 1, 2017

July 1, 2017

PACER
43

MEMORANDUM in Opposition re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (SHERMAN, JONATHAN) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
44

STATUS REPORT Joint by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (SHERMAN, JONATHAN) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER
45

MOTION for Leave to File re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction by PAM BONDI. (HARLE, DENISE) (Entered: 07/07/2017)

July 7, 2017

July 7, 2017

PACER

Reset Deadline Re: 21 INITIAL SCHEDULING ORDER: Status Report due by 8/8/2017. (vkm)

July 10, 2017

July 10, 2017

PACER

Set Deadlines/Hearings:

July 10, 2017

July 10, 2017

PACER
46

ORDER GRANTING 45 MOTION FOR LEAVE TO FILE REPLY TO MOTION TO DISMISS - Reply due by 7/19/2017. Signed by JUDGE MARK E WALKER on 7/10/2017. (vkm) (Entered: 07/10/2017)

July 10, 2017

July 10, 2017

PACER
47

MOTION for Leave to File Excess Pages by JEFF ATWATER, PAM BONDI, MELINDA N COONROD, RICHARD D DAVISON, KEN DETZNER, JULIE L JONES, JULIA MCCALL, ADAM H PUTNAM, RICK SCOTT, DAVID A WYANT. (PRATT, JORDAN) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
48

NOTICE of Appearance by POORAD RAZAVI on behalf of All Plaintiffs (RAZAVI, POORAD) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
49

ORDER GRANTING MOTION TO EXPAND WORD COUNT - Defendants' Unopposed Motion for Leave to Expand the Word Limit for Their Reply Memorandum, ECF No. 47, is GRANTED. Defendants may file a reply up to 4,700 words in length. Signed by JUDGE MARK E WALKER on 7/19/2017. (cle) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
50

REPLY to Response to Motion re 36 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction filed by JEFF ATWATER, PAM BONDI, MELINDA N COONROD, RICHARD D DAVISON, KEN DETZNER, JULIE L JONES, JULIA MCCALL, ADAM H PUTNAM, RICK SCOTT, DAVID A WYANT. (AGARWAL, AMIT) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
51

MOTION to Compel Production of Documents by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (SHERMAN, JONATHAN) (Entered: 07/26/2017)

July 26, 2017

July 26, 2017

PACER

Set Motion and R&R Deadlines/Hearings

July 26, 2017

July 26, 2017

PACER

Set/Reset Deadlines as to 51 MOTION to Compel Production of Documents. (Internal deadline for referral to judge if response not filed earlier: 8/9/2017). (vkm)

July 26, 2017

July 26, 2017

PACER
52

ORDER DIRECTING DEFENDANT TO RESPOND TO PLAINTIFFS' 51 MOTION TO COMPEL - Defendants must file an expedited response to the motion on or before 8/7/2017. The Clerk shall set this matter for hearing after August 7, 2017. Signed by JUDGE MARK E WALKER on 7/27/2017. (vkm) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
53

NOTICE of Telephonic Hearing on 51 MOTION to Compel Production of Documents :Telephonic Motion Hearing set for 8/11/2017 10:00 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 9:55 AM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 07/27/2017)

July 27, 2017

July 27, 2017

PACER
54

NOTICE of Unavailability by JEFF ATWATER, PAM BONDI, MELINDA N COONROD, RICHARD D DAVISON, KEN DETZNER, JULIE L JONES, JULIA MCCALL, ADAM H PUTNAM, RICK SCOTT, DAVID A WYANT re 53 Notice of Hearing on Motion,,, 52 Order,, Set Deadlines/Hearings, (PRATT, JORDAN) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
55

NOTICE of Telephonic Hearing on 51 MOTION to Compel Production of Documents :Telephonic Motion Hearing reset for 8/12/2017 08:30 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. **Due to Counsel's complex schedule, this hearing has been reset to a time at which this Court routinely works.** You may dial into the conference call as early as 8:25 AM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
56

NOTICE of Hearing on 51 MOTION to Compel Production of Documents : Motion Hearing set for 8/11/2017 11:00 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 10:55 AM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
57

RESPONSE in Opposition re 51 MOTION to Compel Production of Documents filed by JEFF ATWATER, PAM BONDI, JULIA MCCALL, ADAM H PUTNAM, RICK SCOTT. (NEFF, LANCE) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
58

MOTION for Extension of Time to Complete Discovery and Modify Scheduling Order by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (BAKER, BRITTNIE) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
59

STATUS REPORT Joint by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (SHERMAN, JONATHAN) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
60

ORDER GRANTING 58 MOTION TO EXTEND DISCOVERY DEADLINE AND MODIFY SCHEDULING ORDER. (Dispositive Motions to be filed by 10/27/2017., Discovery due by 9/29/2017., Motions due by 10/27/2017.) Signed by JUDGE MARK E WALKER on 8/9/2017. (tdl) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
61

Minute Entry for proceedings held before JUDGE MARK E WALKER: Motion Hearing held on 8/11/2017 re 51 MOTION to Compel Production of Documents. Order to follow. (Court Reporter Megan Hague.) (pll) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
62

ORDER ON MOTION TO COMPEL - Plaintiffs' motion to compel, ECF No. 51, is DENIED. Signed by JUDGE MARK E WALKER on 8/11/2017. (cle) (Entered: 08/11/2017)

Aug. 11, 2017

Aug. 11, 2017

PACER
63

MOTION to Withdraw as Attorney by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (BAKER, BRITTNIE) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
64

ORDER GRANTING 63 MOTION TO WITHDRAW AS COUNSEL - The Clerk shall disconnect Ms. Baker from receipt of CM/ECF notices in this case. This Court notes that Plaintiffs are still represented by counsel. Attorney BRITTNIE R BAKER terminated. Signed by JUDGE MARK E WALKER on 9/6/2017. (vkm) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
65

STATUS REPORT JOINT by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (SHERMAN, JONATHAN) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

PACER

Reset Deadline Re: 21 INITIAL SCHEDULING ORDER: Status Report due by 10/10/2017. (vkm)

Sept. 8, 2017

Sept. 8, 2017

PACER

Set Deadlines/Hearings:

Sept. 8, 2017

Sept. 8, 2017

PACER
66

ORDER GRANTING IN PART AND DENYING IN PART DEFENDANTS' 36 MOTION TO DISMISS - The motion, as it relates to Defendants Governor Rick Scott, Attorney General Pam Bondi, Chief Financial Officer Jeff Atwater, and Commissioner of Agriculture Adam H. Putnam, is DENIED. The other defendants, who are not members of the Executive Clemency Board, are not responsible for the challenged scheme and thus the motion, as it relates to Defendants Ken Detzner, Julie L. Jones, Melinda N. Coonrod, Richard D. Davison, David A. Wyant, and Julia McCall, is GRANTED. The Clerk shall set this matter for a telephonic status conference to readdress the briefing schedule. Signed by JUDGE MARK E WALKER on 9/19/2017. (vkm) (Entered: 09/19/2017)

Sept. 19, 2017

Sept. 19, 2017

PACER
67

NOTICE OF HEARING : Telephonic Scheduling Conference set for 9/26/2017 10:30 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 10:25 AM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
68

Minute Entry for proceedings held before JUDGE MARK E WALKER: Scheduling Conference held on 9/26/2017. Motions for Summary Judgment and Class Certification due by November 13, 2017. Responses to Motions for Summary Judgment and Class Certification due by December 4, 2017. Replies to Responses to Motions for Summary Judgment and Class Certification due by December 11, 2017. Scheduling Conference held on 9/26/2017. ( Motions due by 11/13/2017.) ( Response due by : 12/4/2017)., Replies due by 12/11/2017.). (Court Reporter Megan Hague.) (pll) (Entered: 09/26/2017)

Sept. 26, 2017

Sept. 26, 2017

PACER

Set Motion and R&R Deadlines/Hearings

Sept. 26, 2017

Sept. 26, 2017

PACER
69

MOTION to Compel RESPONSES TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (Attachments: # 1 Exhibit Exhibit A - Plaintiffs' First Set of Discovery Requests to Executive Clemency Board Defendants, # 2 Exhibit Exhibit B - Defendants' Response to Plaintiffs' First Set of Requests for Production, # 3 Exhibit Exhibit C - Plaintiffs' Third Set of Discovery Requests to Executive Clemency Board Defendants, # 4 Exhibit Exhibit D - Defendants' Responses to Plaintiffs' Third Set of Discovery Requests to Executive Clemency Board Defendants, # 5 Exhibit Exhibit E - Defendants' Signed Partial Response to Interrogatory No. 1 in Third Set of Discovery Requests, # 6 Exhibit Exhibit F - Sample Annotated Agenda from March 2015 Executive Clemency Board Hearing, # 7 Exhibit Exhibit G - Excerpt from December 14, 2000 Executive Clemency Board Hearing Transcript, # 8 Exhibit Exhibit H - Excerpt from December 3, 1997 Executive Clemency Board Hearing Transcript) (SHERMAN, JONATHAN) (Entered: 09/26/2017)

1 Exhibit Exhibit A - Plaintiffs' First Set of Discovery Requests to Executiv

View on PACER

2 Exhibit Exhibit B - Defendants' Response to Plaintiffs' First Set of R

View on PACER

3 Exhibit Exhibit C - Plaintiffs' Third Set of Discovery Requests to Executiv

View on PACER

4 Exhibit Exhibit D - Defendants' Responses to Plaintiffs' Third Set of

View on PACER

5 Exhibit Exhibit E - Defendants' Signed Partial Response to Interrogatory No

View on PACER

6 Exhibit Exhibit F - Sample Annotated Agenda from March 2015 Executive Clemency B

View on PACER

7 Exhibit Exhibit G - Excerpt from December 14, 2000 Executive Clemency Board Hear

View on PACER

8 Exhibit Exhibit H - Excerpt from December 3, 1997 Executive Clemency Board Heari

View on PACER

Sept. 26, 2017

Sept. 26, 2017

PACER

Set Deadline as to 69 MOTION to Compel RESPONSES TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION. (Internal deadline for referral to judge if response not filed earlier: 10/10/2017). (vkm)

Sept. 26, 2017

Sept. 26, 2017

PACER
70

ORDER DIRECTING EXPEDITED RESPONSE AND SUBSTITUTING DEFENDANT'S SUCCESSOR re 69 MOTION to Compel RESPONSES TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION - Response to motion due by by 10/4/2017. Additionally, this Court treats Plaintiffs footnote 1 in the Motion to Compel, see ECF No. 69 at 1, as a motion to substitute former Chief Financial Officer Jeff Atwater with Chief Financial Officer Jimmy Patronis. This Court treats this motion as unopposed. It is accordingly GRANTED. Signed by JUDGE MARK E WALKER on 9/27/2017. (vkm) (Entered: 09/28/2017)

Sept. 27, 2017

Sept. 27, 2017

PACER
71

NOTICE of Exhibits F, G and H for DE 69 Motion to Compel, Refiled Due to Size Limitations by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH re 69 MOTION to Compel RESPONSES TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION (Attachments: # 1 Exhibit Exhibit G for No. 69 Motion to Compel (Refiled Due to Size Limitation), # 2 Exhibit Exhibit H for No. 69 Motion to Compel (Refiled Due to Size Limitation)) (SHERMAN, JONATHAN) (Entered: 09/28/2017)

1 Exhibit Exhibit G for No. 69 Motion to Compel (Refiled Due to Size Limitation)

View on PACER

2 Exhibit Exhibit H for No. 69 Motion to Compel (Refiled Due to Size Limitation)

View on PACER

Sept. 28, 2017

Sept. 28, 2017

PACER
72

NOTICE of Refiled Exhibits F, G and H for DE 69 Motion to Compel (Refiled With Blank Last Page Due to CM ECF Error with Last Exhibit Page) by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH re 69 MOTION to Compel RESPONSES TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION (Attachments: # 1 Exhibit Exhibit G for DE 69 Motion to Compel (Refiled With Blank Last Page Due to CM ECF Error with Last Exhibit Page), # 2 Exhibit Exhibit H for DE 69 Motion to Compel (Refiled With Blank Last Page Due to CM ECF Error with Last Exhibit Page)) (SHERMAN, JONATHAN) (Entered: 09/28/2017)

1 Exhibit Exhibit G for DE 69 Motion to Compel (Refiled With Blank Last Page Due t

View on PACER

2 Exhibit Exhibit H for DE 69 Motion to Compel (Refiled With Blank Last Page Due t

View on PACER

Sept. 28, 2017

Sept. 28, 2017

PACER
73

UNOPPOSED MOTION for Extension of Time to File Answer re 29 Amended Complaint, by PAM BONDI, JIMMY PATRONIS, ADAM H PUTNAM, RICK SCOTT. (NEFF, LANCE) Modified on 10/4/2017 to reflect unopposed motion (vkm). (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
74

RESPONSE in Opposition re 69 MOTION to Compel RESPONSES TO INTERROGATORIES AND PRODUCTION OF DOCUMENTS AND ELECTRONICALLY STORED INFORMATION filed by PAM BONDI, JIMMY PATRONIS, ADAM H PUTNAM, RICK SCOTT. (NEFF, LANCE) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
75

ORDER GRANTING UNOPPOSED 73 MOTION FOR EXTENSION OF TIME TO ANSWER COMPLAINT - Defendants shall file their responsive pleading(s) to the amended complaint on or before 11/2/2017. Signed by JUDGE MARK E WALKER on 10/3/2017. (vkm) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
76

ORDER GRANTING PLAINTIFFS' MOTION TO COMPEL. Signed by JUDGE MARK E WALKER on 10/4/2017. (vkm) (Entered: 10/04/2017)

Oct. 4, 2017

Oct. 4, 2017

PACER
77

MOTION to Appear Pro Hac Vice by Michelle E. Kanter Cohen.( Filing fee $ 201 receipt number AFLNDC-3990737.) by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (Attachments: # 1 Exhibit) (KANTER COHEN, MICHELLE) (Entered: 10/04/2017)

1 Exhibit

View on PACER

Oct. 4, 2017

Oct. 4, 2017

PACER
78

ORDER ADMITTING MICHELLE KANTER COHEN PRO HAC VICE - This Court has considered, without hearing, the Motion for Leave to Appear Pro Hac Vice of Michelle E. Kanter Cohen. ECF No. 77 . Ms. Kanter Cohen has fulfilled the requirements of the Local Rules for admission. Accordingly, the motion is GRANTED and Ms. Kanter Cohen is admitted pro hac vice as counsel for Plaintiffs. Signed by JUDGE MARK E WALKER on 10/5/2017. (vkm) (Entered: 10/05/2017)

Oct. 5, 2017

Oct. 5, 2017

PACER
79

STATUS REPORT JOINT by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (SHERMAN, JONATHAN) (Entered: 10/10/2017)

Oct. 10, 2017

Oct. 10, 2017

PACER

Reset Deadline Re: 21 INITIAL SCHEDULING ORDER: Status Report due by 11/9/2017. (vkm)

Oct. 11, 2017

Oct. 11, 2017

PACER

Set Deadlines/Hearings:

Oct. 11, 2017

Oct. 11, 2017

PACER
80

ANSWER to 29 Amended Complaint, by PAM BONDI, JIMMY PATRONIS, ADAM H PUTNAM, RICK SCOTT. (NEFF, LANCE) (Entered: 11/02/2017)

Nov. 2, 2017

Nov. 2, 2017

PACER
81

MOTION for Leave to File Longer Memorandum in Support of Plaintiffs' Motion for Summary Judgment (Unopposed) by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH. (SHERMAN, JONATHAN) (Entered: 11/07/2017)

Nov. 7, 2017

Nov. 7, 2017

PACER
82

ORDER GRANTING 81 UNOPPOSED MOTION FOR LEAVE TO EXCEED THE WORD LIMIT. Signed by JUDGE MARK E WALKER on 11/8/17. (ckm) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
83

Joint MOTION to Seal by PAM BONDI, JIMMY PATRONIS, ADAM H PUTNAM, RICK SCOTT. (NEFF, LANCE) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
84

ORDER GRANTING 83 JOINT MOTION TO FILE EXHIBITS UNDER SEAL. Signed by JUDGE MARK E WALKER on 11/9/2017. (vkm) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
85

***SEE 114 - 134 FOR MOST RECENT CORRECTIONS***NOTICE of Exhibits in Support of Plaintiffs' Motion for Summary Judgment by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH (Attachments: # 1 Exhibit Joint Stipulation Regarding Authenticity and Admissibility of Evidence (Ex. 9), # 2 Exhibit Plaintiff James Michael Hand Affidavit (Ex. 10), # 3 Exhibit Plaintiff Joseph James Galasso Affidavit (Ex. 11), # 4 Exhibit Plaintiff Harold W. Gircsis, Jr. Affidavit (Ex. 12), # 5 Exhibit Plaintiff Christopher Michael Smith Affidavit (Ex. 13), # 6 Exhibit Plaintiff William Bass Affidavit (Ex. 14), # 7 Exhibit Plaintiff Jermaine Johnekins Affidavit (Ex. 15), # 8 Exhibit Plaintiff Virginia Kay Atkins Affidavit (Ex. 16), # 9 Exhibit Plaintiff James Larry Exline Affidavit (Ex. 17), # 10 Exhibit Plaintiff Yraida Leonides Guanipa Affidavit (Ex. 18), # 11 Exhibit Executive Clemency Board (hereinafter ECB) Defendants Responses to Plaintiffs First Set of Interrogatories (Ex. 19), # 12 Exhibit ECB Defendants Responses to Plaintiffs First Set of Requests for Production (Ex. 20), # 13 Exhibit Secretary of Corrections Joness Response to Plaintiffs First Set of Interrogatories (Ex. 21), # 14 Exhibit Secretary of Corrections Joness Response to Plaintiffs First Set of Requests for Production (Ex. 22), # 15 Exhibit Historical and Current Versions of Florida Rules of Executive Clemency (Ex. 23), # 16 Exhibit Florida Commission on Offender Review Defendants Response to First Set of Requests for Production (Ex. 24), # 17 Exhibit Florida Commission on Offender Review Defendants Response to Plaintiffs First Set, Request for Production No. 2, Application for Clemency (Current) (Ex. 25), # 18 Exhibit Florida Commission on Offender Review Defendants Response to Plaintiffs First Set, Request for Production No. 2, Application for Clemency (Previous) (Ex. 26)) (SHERMAN, JONATHAN) Modified on 11/17/2017 to reference recent corrections (vkm). (Entered: 11/12/2017)

1 Exhibit Joint Stipulation Regarding Authenticity and Admissibility of Evidence (

View on PACER

2 Exhibit Plaintiff James Michael Hand Affidavit (Ex. 10)

View on PACER

3 Exhibit Plaintiff Joseph James Galasso Affidavit (Ex. 11)

View on PACER

4 Exhibit Plaintiff Harold W. Gircsis, Jr. Affidavit (Ex. 12)

View on PACER

5 Exhibit Plaintiff Christopher Michael Smith Affidavit (Ex. 13)

View on PACER

6 Exhibit Plaintiff William Bass Affidavit (Ex. 14)

View on PACER

7 Exhibit Plaintiff Jermaine Johnekins Affidavit (Ex. 15)

View on PACER

8 Exhibit Plaintiff Virginia Kay Atkins Affidavit (Ex. 16)

View on PACER

9 Exhibit Plaintiff James Larry Exline Affidavit (Ex. 17)

View on PACER

10 Exhibit Plaintiff Yraida Leonides Guanipa Affidavit (Ex. 18)

View on PACER

11 Exhibit Executive Clemency Board (hereinafter ECB) Defendants Responses to Plain

View on PACER

12 Exhibit ECB Defendants Responses to Plaintiffs First Set of Requests for Product

View on PACER

13 Exhibit Secretary of Corrections Joness Response to Plaintiffs First Set of Inte

View on PACER

14 Exhibit Secretary of Corrections Joness Response to Plaintiffs First Set of Requ

View on PACER

15 Exhibit Historical and Current Versions of Florida Rules of Executive Clemency (

View on PACER

16 Exhibit Florida Commission on Offender Review Defendants Response to First Set o

View on PACER

17 Exhibit Florida Commission on Offender Review Defendants Response to Plaintiffs

View on PACER

18 Exhibit Florida Commission on Offender Review Defendants Response to Plaintiffs

View on PACER

Nov. 12, 2017

Nov. 12, 2017

PACER
86

***SEE 114 - 134 FOR MOST RECENT CORRECTIONS***NOTICE of Exhibits in Support of Plaintiffs' Motion for Summary Judgment by VIRGINIA KAY ATKINS, WILLIAM BASS, JAMES LARRY EXLINE, JOSEPH JAMES GALASSO, HAROLD W GIRCSIS, JR, YRAIDA LEONIDES GUANIPA, JAMES MICHAEL HAND, JERMAINE JOHNEKINS, CHRISTOPHER MICHAEL SMITH (Attachments: # 1 Exhibit Florida Commission on Offender Review Annual Report 2010-2011 (Ex. 27), # 2 Exhibit Florida Commission on Offender Review Annual Report 2011-2012 (Ex. 28), # 3 Exhibit Florida Commission on Offender Review Annual Report 2013 (Ex. 29), # 4 Exhibit Florida Commission on Offender Review Annual Report 2014 (Ex. 30), # 5 Exhibit Florida Commission on Offender Review Annual Report 2015 (Ex. 31), # 6 Exhibit Florida Commission on Offender Review Annual Report 2016 (Ex. 32), # 7 Exhibit ECB Defendants Response to Plaintiffs First Set, Request for Production No. 6 Restoration of Civil Rights Application Disqualification Chart (2013-2017) (Ex. 33), # 8 Exhibit ECB Defendants Response to Plaintiffs First Set, Request for Production No. 7 Communications and Executive Orders re: Under Advisement Cases (Ex. 34), # 9 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 1 (Ex. 35), # 10 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 2 (Ex. 36), # 11 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 3 (Ex. 37), # 12 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 4 (Ex. 38), # 13 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 5 (Ex. 39), # 14 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 7 (Ex. 40), # 15 Exhibit Secretary of Corrections Joness Response to Plaintiffs Second Set, Request for Production No. 1 (Ex. 41), # 16 Exhibit Florida Department of Corrections Annual Report 2013-14 (Ex. 42)) (SHERMAN, JONATHAN) Modified on 11/17/2017 to reference recent corrections (vkm). (Entered: 11/12/2017)

1 Exhibit Florida Commission on Offender Review Annual Report 2010-2011 (Ex. 27)

View on PACER

2 Exhibit Florida Commission on Offender Review Annual Report 2011-2012 (Ex. 28)

View on PACER

3 Exhibit Florida Commission on Offender Review Annual Report 2013 (Ex. 29)

View on PACER

4 Exhibit Florida Commission on Offender Review Annual Report 2014 (Ex. 30)

View on PACER

5 Exhibit Florida Commission on Offender Review Annual Report 2015 (Ex. 31)

View on PACER

6 Exhibit Florida Commission on Offender Review Annual Report 2016 (Ex. 32)

View on PACER

7 Exhibit ECB Defendants Response to Plaintiffs First Set, Request for Production

View on PACER

8 Exhibit ECB Defendants Response to Plaintiffs First Set, Request for Production

View on PACER

9 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 1 (Ex

View on PACER

10 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 2 (Ex

View on PACER

11 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 3 (Ex

View on PACER

12 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 4 (Ex

View on PACER

13 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 5 (Ex

View on PACER

14 Exhibit ECB Defendants Response to Plaintiffs First Set, Interrogatory No. 7 (Ex

View on PACER

15 Exhibit Secretary of Corrections Joness Response to Plaintiffs Second Set, Reque

View on PACER

16 Exhibit Florida Department of Corrections Annual Report 2013-14 (Ex. 42)

View on PACER

Nov. 12, 2017

Nov. 12, 2017

PACER

Case Details

State / Territory: Florida

Case Type(s):

Election/Voting Rights

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 13, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Disenfranchised Floridian ex-felons.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Mooted before ruling

Defendants

Governor of Florida, State

Members of State of Florida's Executive Clemency Board, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Free Exercise Clause

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Content of Injunction:

Discrimination Prohibition

Issues

Voting:

Voting: General & Misc.

Voter qualifications

Voter registration rules