docket sheet - flsenate.gov€¦ · case: 4:11-cv-10006-kmm as of: 03/09/201112:28 pm estd 3 of 80...

UNITED STATES DISTRICT COURTSOUTHERN DISTRICT OF FLORIDA

Case No. 4:ll-cv-l0006-KMM

THE LEAGUE OF WOMEN VOTERSOF FLORIDA, THE FLORIDA STATECONFERENCE OF NAACP BRANCHES,DEMOCRACIA AHORA, SARAHFOWLER, ROSANNE POTTER,MICHAEL E. BERMAN, CHARLESMAJOR, JR., and PATRICIA M. LENNY,

Plaintiffs,

v.

RICK SCOTT, in his official capacityas Governor of the State of Florida;and KURT BROWNING, in his officialcapacity as Florida Secretary of State,

Defendants.

EXHIBIT

iC:7

DOCKET

SHEET

Case: 4:11-cv-10006-KMM As of: 03/09/201112:28 PM ESTLJ 1of8LJ

U.S. District CourtSouthern District of Florida (Key West)

CIVIL DOCKET FOR CASE #: 4:11-cv-10006-KMM

The League of Women Voters of Florida, et al v. Rick Scott, etalAssigned to: Judge K. Michael MooreReferred to: Magistrate Judge Andrea M. SimontonCause: 28:2201 InjunctionPlaintiff

Date Filed: 02/03/2011Jury Demand: NoneNature of Suit: 441 Civil Rights: VotingJurisdiction: Federal Question

The League of Women Voters ofFlorida,

represented by Eric R. HarenJenner &Block, LLP1099 New York Avenue, NWWashington, DC 20001202-639-6000Email: [email protected] HAC VICEATTORNEY TO BE NOTICED

J. Gerald Hebert191 Somervelle Street#405Alexandria, VA 22304703-628-4673Fax: 567-5876Email: [email protected]~

PRO HAC VICEATTORNEY TO BE NOTICED

M. Laughlin McDonaldMoffaitt Laughlin McDonald of theAmerican Civil LibertiesUnion Foundation, Inc.230 Peachtree Stree, NWSuite 1440Atlanta, GA 30303-1227404-523-2721Email: [email protected]~PRO HAC VICEATTORNEY TO BE NOTICED

Michael B. DeSanctisJenner &Block, LLP1099 New York Avenue, NWWashington, DC 20001202-639-6000Email: [email protected] HAC VICEATTORNEY TO BE NOTICED

Paul M. SmithJenner &Block, LLP1099 New York Avenue, NWWashington, DC 20001202-639-6000Fax: 639-6066Email: [email protected] HAC VICEATTORNEY TO BE NOTICED

Randall C. Marshall


American Civil Liberties UnionFoundation of Florida4500 Biscayne BoulevardSuite 340Miami, FL 33137-3227786-363-2700Fax: 786-363-1108Email: rmarshall@aclufl,orgATTORNEY TO BE NOTICED

Jane Wollner MoscowitzMoscowitz &Moscowitz, P,A.1111 Brickell AvenueSuite 2050Miami, FL 33131305-379-6700Fax: 379-4404Email: jmoscowitz@mmmpa comATTORNEY TO BE NOTICED

Plaintiff

The Florida State Conference ofNAACP Branches,

Plaintiff

Democracia Ahora,

represented by Eric R. Haren(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED

J. Gerald Hebert(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED

M. Laughlin McDonald(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED

Michael B. DeSanctis(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED

Paul M. Smith(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED

Randall C. Marshall(See above for address)ATTORNEY TO BE NOTICED

Jane Wollner Moscowitz(See above for address)ATTORNEY TO BE NOTICED



Case: 4:11-cv-10006-KMM As of: 03/09/201112:28 PM ESTD 3 of 80






Plaintiff

Sarah Fowler,

Plaintiff

Rosanne Potter,
















Plaintiff

Michael E. Berman

Plaintiff

Charles Major Jr.








represented by

Case: 4:11-cv-10006-KMM As of: 03/09/201112:28 PM ESTLJ 5 of 8lJ

Eric R. Haren(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED







Plaintiff

Patricia M. Lenny represented by Eric R. Haren(See above for address)PRO HAC VICEATTORNEY TO BE NOTICED






Jane Wollner Moscowitz

Case: 4: 11-cv-1 0006-KMM As of: 03/09/2011 12:28 PM ESTD 6 of 8D

(See above for address)ATTORNEY TO BE NOTICED

V.

Defendant

Rick Scottin his official capacity as Governor oftheState ofFlorida

Defendant

Kurt Browningin his official capacity as FloridaSecretary ofState

Date Filed # Docket Text

02/03/2011 1 COMPLAINT For Declaratory and Injunctive Reliefagainst Kurt Browning, in hisofficial capacity as Florida Secretary of State, Rick Scott, in his official capacity asGovernor of the State of Florida. Filing fee $ 350.00 receipt numberI13C-3491112, filed by Michael E. Berman, Democracia Ahora" Charles MajorJr., The Florida State Conference ofNAACP Branches" Patricia M. Lenny, SarahFowler" The League of Women Voters of Florida" Rosanne Potter,. (Attachments:#~ Civil Cover Sheet, #.1 Summon(s), #.1 Summon(s), #.ASummon(s))(Moscowitz, Jane) (Entered: 02/03/2011)

02/03/2011 2 Judge Assignment RE: Electronic Complaint to Judge K. Michael Moore andMagistrate Judge Andrea M. Simonton (ots) (Entered: 02/03/2011)

02/03/2011 1 Summons Issued as to Kurt Browning. (ots) (Entered: 02/03/2011)

02/03/2011 :t Summons Issued as to Rick Scott. (Attachments: #~ Summon(s))(ots) (Entered:02/03/2011 )

02/07/2011 5 PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon thefiling ofthe complaint. Plaintiffs counsel is hereby ORDERED to forward to alldefendants, upon receipt of a responsive pleading, a copy of this order. It is furtherORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shallhold a scheduling conference no later than twenty (20) days after the filing of thefirst responsive pleading by the last responding defendant, or within sixty (60) daysafter the filing of the complaint, whichever occurs first. However, if all defendantshave not been served by the expiration of this deadline, Plaintiff shall move for anenlargement oftime to hold the scheduling conference, not to exceed 120 daysfrom the filing of the Complaint. Within ten (10) days of the schedulingconference, counsel shall file a joint scheduling report. Failure of counsel to file ajoint scheduling report within the deadlines set forth above may result in dismissal,default, and the imposition of other sanctions including attorney's fees and costs.The parties should note that the time period for filing a joint scheduling report isnot tolled by the filing of any other pleading, such as an amended complaint orRule 12 motion. The scheduling conference may be held via telephone. At theconference, the parties shall comply with the following agenda that the Courtadopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.l and 2)-The parties shall determine the procedure for exchanging a copy of or a descriptionby category and location of all documents and other evidence that is reasonablyavailable and that a party expects to offer or may offer if the need arises. Fed. R.Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extentof any category of damages claimed by the disclosing party unless thecomputations are privileged or otherwise protected from disclosure. Fed. R. Civ. P.26(a)(1)(C). (b) Documents include insurance agreements which may be at issuewith the satisfaction ofthe judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List ofWitnesses - The parties shall exchange the name, address and telephone number ofeach individual known to have knowledge ofthe facts supporting the materialallegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The

Case: 4:11-cv-10006-KMM As of: 03/09/201112:28 PM ESTlJ 7of8lJ

parties have a continuing obligation to disclose this information. (3) Discussionsand Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature andbasis of their claims and defenses and the possibilities for a prompt settlement orresolution of the case. Failure to comply with this Order or to exchange theinformation listed above may result in sanctions and / or the exclusion ofdocuments or witnesses at the time of triaI. S.D. Fla. L.R. 16.1.M. Telephonicappearances are not permitted for any purpose. Upon reaching a settlement in thismatter the parties are instructed to notify the Court by telephone and to file aNotice of Settlement within twenty-four (24) hours. Signed by Judge K. MichaelMoore on 2/712011. (rgl) (Entered: 02/07/2011)

02/07/2011 6 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TOMAGISTRATE, JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. §636 and the Magistrate Rules of the Local Rules of the Southern District of Florida,the above-captioned Cause is referred to United States Magistrate Judge AndreaM. Simonton to take all necessary and proper action as required by law withrespect to any and all pretrial discovery matters. Any motion affecting deadlines setby the Court's Scheduling Order is excluded from this referral, unless specificallyreferred by separate Order. Signed by Judge K. Michael Moore on 2/7/2011. (rgl)(Entered: 02/07/2011)

02/07/2011 1 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request toElectronically Receive Notices of Electronic Filing for Michael B. DeSanctis.Filing Fee $ 75.00. Receipt # 13668. (ksa) (Entered: 02/07/2011)

02/07/2011 .a MOTION to Appear Pro Hac Vice, Consent to Designation, and Request toElectronically Receive Notices of Electronic Filing for Eric R. Haren. Filing Fee $75.00. Receipt # 13669. (ksa) (Entered: 02/07/2011)

02/07/2011 2 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request toElectronically Receive Notices ofElectronic Filing for Paul M. Smith. Filing Fee $75.00. Receipt # 13670. (ksa) (Entered: 02/07/2011)

02/07/2011 .ill MOTION to Appear Pro Hac Vice, Consent to Designation, and Request toElectronically Receive Notices of Electronic Filing for J. Gerald Hebert. Filing Fee$ 75.00. Receipt # 16771. (ksa) (Entered: 02/07/2011)

02/08/2011 11 PAPERLESS ORDER. THIS CAUSE came before the Court on Plaintiffs' Motionsto Appear Pro Hac Vice, Consent to Designation, and Request to ElectronicallyReceive Notices of Electronic Filings 78910 . UPON CONSIDERATION of theMotions, the pertinent portions of the record, and being otherwise fully advised inthe premises, it is ORDERED AND ADJUDGED that the Motions 7 8 9 10 areGRANTED. Eric R. Haren, 1. Gerald Hebert, Michael B. DeSanctis and Paul M.Smith may appear Pro Hac Vice in this matter. The Clerk of the Court shall provideelectronic notification of all electronic filings to [email protected],[email protected], [email protected], [email protected]. Signed by Judge K. Michael Moore on 2/8/2011. (rgl)(Entered: 02/08/2011)

02/08/2011 12 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request toElectronically Receive Notices of Electronic Filing for M. Laughlin McDonald.Filing Fee $ 75.00. Receipt # 13769. (ksa) (Entered: 02/08/2011)

02/09/2011 13. NOTICE by Michael E. Berman, Democracia Ahora" Patricia M. Lenny, CharlesMajor Jr., Rosanne Potter" Sarah Fowler" The Florida State Conference ofNAACP Branches" The League of Women Voters of Florida, ofFiling CorrectedService List (Attachments: # 1 Exhibit A)(Moscowitz, Jane) (Entered: 02/09/2011)

02/16/2011 14 ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed byMichael E. Berman, Democracia Ahora" Patricia M. Lenny, Charles Major Jr.,Rosanne Potter" Sarah Fowler" The Florida State Conference ofNAACPBranches" The League of Women Voters of Florida,. (Attachments: #~ Exhibit A,# 2 Exhibit B, #.1 Exhibit C)(Moscowitz, Jane) (Entered: 02/16/2011)

02/25/2011 12 NOTICE by Michael E. Berman, Democracia Ahora" Patricia M. Lenny, CharlesMajor Jr., Rosanne Potter" Sarah Fowler" The Florida State Conference ofNAACP Branches" The League of Women Voters ofFlorida, OfRelated Case

Case: 4:11-cv-10006-KMM As of: 03/09/2011 12:28 PM ESTD 8 of 8D

(Moscowitz, Jane) (Entered: 02/25/2011)

02/25/2011 ~ SUMMONS (Affidavit) Returned Executed by Michael E. Berman, DemocraciaAhora" Charles Major Jr., The Florida State Conference of NAACP Branches"Patricia M. Lenny, Sarah Fowler" The League of Women Voters ofFlorida"Rosanne Potter,. Rick Scott served on 2/23/2011, answer due 3/16/2011.(Moscowitz, Jane) (Entered: 02/25/2011)

02/25/2011 11 SUMMONS (Affidavit) Returned Executed by Michael E. Berman, DemocraciaAhora" Charles Major Jr., The Florida State Conference of NAACP Branches"Patricia M. Lenny, Sarah Fowler" The League of Women Voters of Florida"Rosanne Potter,. Kurt Browning served on 2/23/2011, answer due 3/16/2011.(Moscowitz, Jane) (Entered: 02/25/2011)

Case 4: 11-cv-1 0006-KMM Document 1 Entered on FLSD Docket 02/03/2011 Page 1 of 11



Plaintiffs

v.

RICK SCOTT, in his official capacityas Governor of the State of Florida;and KURT BROWNING, in his officialcapacity as Florida Secretary ofState,

Defendants.

Civil Action No.:

Three-Judge District Court Requested

COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF

Plaintiffs THE LEAGUE OF WOMEN VOTERS OF FLORIDA, THE FLORIDA

STATE CONFERENCE OF NAACP BRANCHES, DEMOCRACIA AHORA, SARAH

FOWLER, ROSANNE POTTER, MICHAEL E. BERMAN, CHARLES MAJOR, JR., and

PATRICIA M. LENNY allege:

1. This action is brought on behalfofPlaintiffs pursuant to Sections 5 and 12(d)

of the Voting Rights Act of 1965, as amended, 42 U.S.c. §1973c, and §19731 and pursuant to 28

U.S.c. §§ 2201 and 1343(4), to enforce rights guaranteed by Section 5 of the Voting Rights Act

as well as the Fourteenth and Fifteenth Amendments to the United States Constitution.

JURISDICTION

2. This Court has jurisdiction over this action pursuant to 42 U.S.C. § 1973c(a), 42


U.S.c. § 19731,28 U.S.C. § 2284, 28 U.S.c. § 1331 and 28 U.S.C. § 1343(4). Venue properly

lies in this Court under 28 U.S.c. §1391 in that Plaintiffs reside in this Judicial District, the

Defendants' actions which are the subject of this lawsuit occurred and will continue to occur in

this District, and Defendants reside in or conduct business in this District.

3. Pursuant to 42 U.S.c. § 1973c(a), "[a]ny action under this section shall be heard

and determined by a court of three judges in accordance with the provisions of section 2284 of

title 28 of the United States Code and any appeal shall lie to the Supreme Court."

PARTIES

4. Plaintiffs Sarah Fowler, Rosanne Potter, Michael E. Berman, Charles Major, Jr.,

and Patricia M. Lenny are citizens of the United States and registered voters in Monroe County,

Florida. All the individual plaintiffs voted in the last General Election and supported the

redistricting reforms known as Amendments 5 and 6. Plaintiffs Fowler and Major are African

Americans.

5. The League of Women Voters of Florida ("LWV") is the Florida chapter of the

League of Women Voters, a nonpartisan political organization that has fought since 1920 to

improve our systems of government and impact public policies through citizen education and

advocacy. In addition to its mission ofencouraging an active and informed electorate, it is the

League's goal to help protect representative government and the individual liberties established

in the Constitutions ofthe United States and Florida. The LWV believes that every citizen

should be protected in the right to vote.

6. The Florida State Conference ofNAACP Branches is an organization dedicated to

removing barriers of racial discrimination through democratic processes and is comprised of

branches throughout the State ofFlorida, with over 11,000 members statewide.


7. Democracia Ahora is a Florida-based civic organization that is affiliated with the

national Hispanic civic organization, Democracia U.S.A. It has offices in Florida and individual

members throughout the state. Democracia Ahora's primary purposes are to empower Hispanic

citizens who are engaged in civic and democratic endeavors; and to assist members of Hispanic

communities in identifying and articulating issues of concern, including voting rights issues.

Democracia Ahora is an organization dedicated to increasing the prominence and participation of

Hispanics in every aspect ofthe political process.

8. Defendant Governor Rick Scott is the Governor of the State of Florida, the chief

executive officer of the State of Florida. Defendant Scott is bound by the oath of office he took

to uphold the laws of the United States and the laws of the State of Florida, which includes

implementing amendments to the Florida Constitution approved by the voters, as well as

complying with the provisions ofthe Voting Rights Act.

9. Defendant Kurt Browning is the Secretary of State for the State of Florida and the

chief elections officer for the State. Defendant Browning is the state official responsible for

making preclearance submissions to the United States Department of Justice of any changes

affecting voting occasioned by state constitutional amendments or state laws. Defendant

Browning is bound by the oath of office he took to uphold the laws of the United States and the

laws of the State of Florida, which includes implementing amendments to the Florida

Constitution approved by the voters, as well as complying with the provisions of the Voting

Rights Act.

ALLEGATIONS

10. In November 2010, voters in the State of Florida overwhelmingly approved two

amendments to the Florida Constitution. Amendment 5 created Article III, Section 21 of

3


Florida's Constitution, which sets forth new criteria that must be followed by the State

Legislature when it undertakes state legislative redistricting. Amendment 6 created Article III,

Section 20, which specifies new criteria that must be followed by the State Legislature when it

undertakes congressional redistricting. These criteria impact the way legislative and

congressional districts are drawn in Florida, likely changing the composition of the electorate in

numerous legislative and congressional districts all over the State.

11. Defendants have authority under Florida law to implement or administer voting

qualifications or prerequisites to voting, or standards, practices, or procedures with respect to

voting different from those in force or effect on November 1, 1972.

12. Monroe County is one of five political subdivisions within the State of Florida

that are "covered counties" subject to the preclearance requirements of Section 5 of the Voting

Rights Act of 1965, as amended, 42 U.S.c. § 1973c ("Section 5"). See also 28 C.F.R. Part 51,

Appendix.

13. Section 5 states that any "voting qualification or prerequisite to voting, or

standard, practice, or procedure with respect to voting" different from that in force or effect on

November 1, 1972, in any of Florida's covered counties, may not be lawfully implemented

unless and until such change has been submitted to the United States Attorney General, and the

Attorney General has not interposed an objection within sixty days, or the jurisdiction obtains a

declaratory judgment from the United States District Court for the District of Columbia that the

proposed change does not have the purpose and will not have the effect of denying or abridging

the right to vote on account of race or color.

14. The voting changes occasioned by Amendments 5 and 6 are changes within the

meaning of Section 5 of the Voting Rights Act and thus are subject to the Section 5 preclearance

4


requirement.

15. According to the preclearance regulations issued by the United States Department

of Justice, jurisdictions subject to Section 5 should submit voting changes for preclearance "as

soon as possible after the changes become final." See 28 C.F.R. § 51.21.

16. The voting changes occasioned by the passage of Amendments 5 and 6 became

final when the State Canvassing Board certified the election on November 16, 2010. On

December 10,2010, the Florida Department of State submitted the voting changes contained in

Amendments 5 and 6 to the United States Attorney General for preclearance on behalf ofthe five

designated preclearance counties (Collier, Hardee, Hendry, Hillsborough and Monroe) pursuant

to Section 5 of the Voting Rights Act, 42 U.S.c. § 1973c.

17. On January 4, 2011, Defendant Scott assumed his office and the next day he

appointed Defendant Browning to his post. Prior to his appointment by Scott, Browning had

served as chair of "Protect Your Vote," a political committee with the sole purpose of defeating

Amendments 5 and 6. In that effort, Defendant Browning formally aligned himself with U.S.

Representatives Corrine Brown and Mario Diaz-Balart, who had unsuccessfully sued to block

the Amendments from being placed on the ballot, Roberts v. Brown, 43 So.3d 673 (Fla. 20 10),

and who have sued once again to block the Amendments' enforcement, see Brown v. Florida,

No. 10-23968 (S.D. Fl.). Mr. Browning publicly championed the Amendments' defeat,

proclaiming that Protect Your Vote would spend "at least $4 [million] maybe more" to defeat the

Amendments, and standing with Reps. Brown and Diaz-Balart "to kill the constitutional

amendments." Mr. Browning appeared on numerous occasions in public and in the media to

argue against the Amendments.

18. Two days after Defendant Scott appointed Defendant Browning as Secretary of

5

Case 4:11-cv-10006-KMM Document 1 Entered on FLSD Docket 02/03/2011 Page 6 of 11

State, Browning's office wrote to the Department of Justice withdrawing Florida's Section 5

request for preclearance ofAmendments 5 and 6. The voting changes occasioned by

Amendments 5 and 6 have not been re-submitted for preclearance.

19. Defendants have not filed an action in the United States District Court for the

District of Columbia pursuant to Section 5 of the Voting Rights Act seeking a declaration that

the voting changes occasioned by Amendments 5 and 6 have neither the purpose nor the effect of

denying or abridging the right to vote on account of race or color or membership in a language

minority group.

20. On information and belief, Defendants do not intend to submit a new application

for preclearance to the Attorney General or to seek preclearance through a declaratory judgment

action in the District Court for the District of Columbia.

CAUSE OF ACTION

21. Defendants and the State of Florida are in violation of Section 5 of the Voting

Rights Act, 42 U.S.C. § 1973c, because they withdrew a timely submission for pre-clearance and

have failed to re-submit it "as soon as possible after the changes become final," see 28 C.F.R. §

51.21.

22. Florida's House of Representatives and Senate have already begun

implementation of the new redistricting standards. Notwithstanding the failure to obtain

preclearance, the Florida Senate has convened its Reapportionment Committee on numerous

occasions and informed its members and the public that redistricting plans will be drawn

utilizing the new criteria set forth in Amendments 5 and 6. The Florida House has published a

website listing the new constitutional provisions as law that will govern the redistricting process.

Further, the Legislature has announced statewide public hearings on redistricting to begin in July

6


2011 that will be convened utilizing the new standards.

23. Proceeding with this process notwithstanding failure to obtain the requisite

preclearance of the redistricting criteria set forth in Amendments 5 and 6 will not only continue

the violation of Section 5, but will cause uncertainty, delay and confusion among Plaintiffs,

among other voters, and all those involved in the redistricting process.

24. Plaintiffs have a personal stake in bringing about compliance with Section 5 of

the Voting Rights Act, 42 U.S.C. § 1973c. As a result of a long history of racial discrimination

by the State of Florida and Monroe County (and four other Florida counties), and its continuing

effects, the United States Department of Justice (or a special court in the District of Columbia)

must review all voting changes to be implemented in Monroe County to ensure that such voting

changes are free of racially discriminatory purpose and retrogressive effect. The absence of

preclearance for Amendments 5 and 6 harms Plaintiffs and will deprive Plaintiffs of their rights

under 42 U.S.C. § 1973c. Moreover, Amendments 5 and 6 provide Plaintiffs - some of whom

are minority voters - with state constitutional voting protections they did not enjoy before those

Amendments were enacted. Defendants' purposeful withdrawal of the State's preclearance

submission will, if not remedied, deprive Plaintiffs of those critical protections by rendering

them unenforceable.

25. Plaintiffs supported the standards set forth in Amendments 5 and 6, and want to

see them employed by the Legislature as it complies with its obligations to draw congressional

and legislative districts. The absence of preclearance for Amendments 5 and 6 jeopardizes the

application of the new standards and renders the ongoing redistricting process legally uncertain,

harming voters who intend to participate meaningfully in that process.

7


26. It has now been over three months since the November 2010 elections. While

their predecessors in office followed federal law and promptly made a Section 5 submission

seeking preclearance ofthe new redistricting criteria, Defendants Scott and Browning have acted

instead in complete defiance of the Voting Rights Act by withdrawing Florida's timely filed

preclearance request, failing to resubmit a request on behalf of Florida and the covered counties

in our State, and by allowing implementation of Amendments 5 and 6 without preclearance.

PRAYER FOR RELIEF

WHEREFORE, Plaintiffs pray that a court of three judges be convened to hear this action

pursuant to 42 U.S.c. § 1973c and 28 U.S.C. § 2284 and thereafter enter a judgment:

(I) Declaring that the voting changes occasioned by Amendments 5 and 6 are subject to

the preclearance requirements of Section 5 ofthe Voting Rights Act, 42 U.S.C.

§1973c;

(2) Ordering the Defendants to seek the required Section 5 preclearance of the voting

changes occasioned by Amendments 5 and 6 within thirty (30) days, by either filing

an action in the United States District Court for the District ofColumbia or by

seeking administrative preclearance from the United States Attorney General;

(3) Ordering such further relief as may be necessary and appropriate, including an award

of attorneys' fees, as well as all costs and disbursements in maintaining this action.

8

Case 4:11-cv-1 0006-KMM Document 1 Entered on FLSD Docket 02/03/2011 Page 9 of 11

Respectfully Submitted,

Moscowitz & Moscowitz, P.A.Sabadell Financial Center1111 Brickell Avenue, Suite 2050Miami, FL 33131Telephone (305) 379-8300Facsimile (305) 379-4404

By: Is/Jane W.MoscowitzJane W. MoscowitzFlorida Bar No. [email protected]

Charles G. BurrFla. Bar No. 0689416Burr & Smith, LLP441 W. Kennedy Blvd.Suite 300Tampa, FL 33606Tel: (813) 253-2010Fax: (813) 254-8391

Randall C. MarshallAmerican Civil Liberties UnionFoundation of Florida, Inc.4500 Biscayne Blvd Suite 340Miami, FL 33137Tel: (786) 363-2700Fax: (786) [email protected] Bar Number 181765

Laughlin McDonaldAmerican Civil Liberties Union Foundation, Inc.230 Peachtree Street, NW, Suite 1440Atlanta, GA 30303-1227Tel: (404) 523-2721Fax: (404) [email protected]

9


Paul M. SmithMichael B. DeSanctisEric R. HarenJenner & Block LLP1099 New York Ave., N.W.Washington, D.C. 20001Tel: (202) 639-6000Fax: (202) 639-6066

J. Gerald HebertAttorney at LawJ. Gerald Hebert, P.e.191 Somervelle Street, #405Alexandria, VA 22304Telephone (703) 628-4673

10


REQUEST FOR APPOINTMENT OF A THREE-JUDGE COURTATTACHED PURSUANT TO S.D. FLA. LOCAL RULE 9.1

Pursuant to 42 U.S.C. § 1973(a), "[a]ny action under this section shall be heard and

determined by a court of three judges in accordance with the provisions of section 2284 of title

28 of the United States Code and any appeal shall lie to the Supreme Court." Plaintiffs, by their

counsel, therefore, request the Court to notify the Chief Judge of the Eleventh Circuit Court of

Appeals that Plaintiffs' claim that Defendants have failed to comply with the preclearance

provisions of Section 5 of the Voting Rights Act is required to be heard by a district court of

three judges pursuant to 28 U.S.c. § 2284 and 42 U.S.c. § 1973c.

11

Case 4:11-cv-10006-KMM Document 1-1 Entered on FLSD Docket 02/03/2011 Page 1 of 1"'IS44 (Rey.2108) CIVIL COVER SHEETThe JS 44 oivil oover sheet and the information containeli I)erein neitherreplaoe nor supplement the filing IIDd service ofpleadin s or other apers as required by Jaw, except as providedby local rules ofcourt. This form, a?~~o,:ed:b~{.Ii7:J':Ididi~~.Cc:lRf~re~ce.oft~eUllitedS~ber!9111 is.J!lQU~ for ~ Clerk oJ~UI1.!C?£the purpose ofmitiatingthe civil docket sheet. (SElliNSTRUC:nONS O'N T~E~£v.ttk'sB OF THll FORM,I ' , I !M'ffiftjl~~~S.xmt mWGa$rEmllim. ".. :. ----_ _ -.

J. (a) PLAINTIFFS The League ofW9.m~.!! Voters ofFlorida,The Florida State Conference ofNMCP Branches,

Democracia Ahora, Sarah Fowler, Rosanne Potter,

M!~haelE. B~rmllt),J:;.h.~!e.s ~all?h Jr~I~4 r.!1!J:i~ia M. Lenny(b) County ofResidence ofFiI'St Listed Plpintiff lv.I=:.::o""nr;:;o:::.;e::.- _

(EXCEPT IN u.S. PLAINTiFF CASES)

(c) Allomey's (Firm N.me, Addre....nd Telepbone Nun,ber)

Jane W. Moscowitz, Esq.

Moscowitz & Moscowitz, P.A.

1111 Brickell Avenue, Ste 2050, Miami, FL 33131 (305) 379-8300

DEFENDANTS

Rick Scott, in his capacity as Governor of Florida; and Kurt

Browning, in his capacity as Florida Secretary of State DICounty ofResidence ofFirst Listed Defendant

(IN u.s. PLAINTIFF CASES ONLY)

NOTB: IN LAND CONDEMNATION CAses, USETHB LOCATION OF THE TRACTLAND INVOLVED.

Allollleys (If Known)

(d) Check County Whefe AClion Arose: a MIAMI. DADE

aCillzen ofThl. St,l,

i:J MONROE 0 BROWARD CJ PALM BEACH CJ MARTIN a ST. LUCIE 0 INDIAN RIVER a OKEECHOBEEHIGHLANDS

III. CITIZENSHIP 0 F PRINCIPAL PARTIES(PlAce .n "X"ln On. Box for PI.intiff(For Diyersity C•••• Only) .nd One Dox for D.f.ndenl)

PTF DEl' PTF DEI'I a I Incorporated Dr Princlp.1 Placc 0 4 a 4

afBusincss In This State

(Ple.e an "X" in On. Box Only)

Federal Que-stion(U.S. Government Nol. P.rly)

U.S. GO\lDrnmenlPI.lntiIT

a I

II. BASIS OF JURISDICTION

/03

a 2 U,S. GovernmentD.f.nd.nt

o 4 Diy.rsily

(Indic.t. Citizenship ofParti.sln It.m Ill)

Citizen of Another Sti!le a a 2 Incorpolated and Principal Place a a 5of Business In Another State

Citizen Dr SUbject of l! a a 3 Foreign Nation a 0 6Forei COUD~

SIV, NATURE OF UIT (PI.ce.n ·X" In One Box Only\~ .~: .\:o·('l\·~~;~9:r.C NT:RA=cr~..\:~":o;.:';::-i:.~··;,· ~;"i,:,.!y";o.t.F:o: ••:'('$'';:!;;'f!:':~''.p:~':;;' 'TOR'f.~l'~:':'":"2~t:.~.-t.'r··"=': .:-;,.::~.!!'.;'''~~: 11>7'''1'13 ToJf'NPENALTY'····,,·.j ,,··::')''"NXn · p""'yi····cc·,s, .; ;,":-··llTHEn STATUTE S·'·'· ,'.

0 110 Insurance PERSONAL INJURY PERSONAL INJURY 0 610 Agrioulfure o 422 Appe.128 USC 1S8 0 400 State Reapportionment

a 120 Maline- o 310 Airpl.ne 0 362 Person,1 Injury· 0 620 OUler Food &< Drug o 423 Wilbdraw.1 0 410 Anlilrust

0 130 Mliler Act o 3U Airpl.ne Produel Med. Malpraclice 0 625 Drog Rel.ted Seizure 28 USC 157 0 430 B.nks .n~ B.nklnga 140 N.gotl.bl.l.strumenl Llabilily a 365 Personal Injury - oCProp.lly 21 USC 88 I a 450 Commerce

0 150 Reeoyery ofOyerpaym.nt o 320 Asso,lt. Llbet & Product Liability 0 630 LIquor L.w' :"". 'Pnn""RT""'nl'=<T~"""'" 0 460 Deportation& Enforcement ofJudgment ShUJder 0 368 Asbestos PersDDsl a 640 R.R. & Truck o 820 Cnpyrigbls 0 470 RaCketeer Jnfluenced Bnd

0 151 Medi.o.. Act o 330 F.der.lllmployers· InJory Prnduct 0 650 Airline Regs. 0 830 Paten, Conupl0rganizations

0 152 Recoyery.fDef.ulted Liability LI.bllity 0 660 Occupational 0 840 Tradem.rk 0 480 Consumer CredilStudent Loans o 340 M.rlne PERSONAL PROPERTY S.fetyIHe.lth 0 490 C.bl.IS.t TV(E~cl. Vclerauli) o 345 Marinc Pro~uct a 370 0 lber Fraud 0 6900tber a 810 Sel.ctlYe Seryiee

a I53 Rec()v~ry o{Overpayrnent Li.bility 0 371 Trulh In Leoding "-:~:::;' •."+'~';~:.J: All ~'\)';,'.:~.i..;. .~:.".: .. :~ .. . ·:'..··,··S'"...... T. SECli"IT'V)',c:.,c·. (] 850 Securities/CommoditiesJorVetcran's Benefits o 350 Motor Vehlele 0 380 Olber Persnn.1 a 710 rBir Labor Sfandards a 861 HIA (139SCl) Exchonge

0 I6G Stockbnlder.· Suhs o 355 Motor Vehlele Property Danl8ge Acl 0 862 BI.ck LunS (923) (] 875 CUltomer Cb.llenge0 I9~ Olher Contract Product Liability a 385 Properly Damag. 0 720 L.borlMgmt. Relello"" a 863 DIWCIDIWW (405{g)) 12 usc 34100 195 Contraet Producl Li.bilily a 360 Olb.. Persnn.1 Pro~ucl Liablllly CI 730 L.borlMgmI.R.portlng a 864 SSID TiUe XVI (] 890 Other Statutory Actions

CI 196 Franohise In;ury It Disclosuro Act a 865 RS! (405(g») a 891 Agricultur.1 AclB·~,,'~;l':REA.'j;rRoPER'I'Y'!:J-';";>"i, ~\<r-;' clVt!; lUGHTS!'"".,,:;·, YPRIS'ON&R"PETITIONS' a 740 R.llw.y L.bor Act ,,,,;.:;(iiilJERAL:TAX''SUITS".J': 0 8~2 Ilconomic St.blllz.lIon Act0 210 LaDd Cond.mn.lIon J( 441 Voting a 510 Mollooa to V.cate a 790 Otber Labor Litigation o 870 Taxe. (U.S. PlainfilT 0 8~J EnvironmenJal MattersCI 220 Forcclos\uc a 442 Employmellt Sellten~e a 791 Empl. Rct. Illc. SeeDrlll er D.fen~.nt) 0 8~4 Energy AlIoc.l/on Act0 230 Rent L.... &< Ejectmcnt o 443 Ho••inBi Hpbus COrpUlt Act CI 871 IRS-Tblrd P.rty 0a 240 Torls '0 L.nd AcoommDdadona (] 530 Geooral 26 USC 760~

S!)S Freedom orInfomlatiun Act

0 245 Tell Prnduet LI••i1ity o 444 Welfare D 535 Dea,h Pcnalty .=:..,. -~:.~.;. ~.,'.\:'~.'~" 0 900 Appcel ofFe. Delermln.lIon

a 290 All O,bor R"I Prop.rly 445 Amer. wiD isabUille, .a 540 M.ndamus & Olh.r 0 462 NRturalizatfon Under Equal Access to J\lstice

o Employment Applie.Uona 446 Amer. w/DioabiUlioB 0 550 Clyil Rigbt, 0 463 H.be., Cnrpus-Allen

Other DelaloeG

o 440 Olber Clyil Rlgbt. a 555 Prison Condllioll 0 465 Other Immigrlliion0 950 Consl!tutlon.lIly ors'.t.

Aotions StlltUICS

V. ORIGIN.fJ 1 Original

Proceeding

(Place nn "XU D' One !lox Only)LJ 2 Removed from 0 3

Slate CourtRe·filed-(see VI below)

o 4 Reinstated or 0Reopened

Transferred from .• .5 another district 0 6 lY!\lllJd!stnct 0 7

(specify) Lltlgpuon

Appenllo DistrictJudge fromMagistrateJudl!lTlent

VI. RELA TED/RE-FILEDCASE(S).

(Soc instructions,.cnn~ poge):

a) Re·filed Case 0 YES 0 NO

JUDGE! Ungaro

b) Related Cases ¥!J YES 0 NO

DOCKETNUMBER 10-23968

Cite the U.s. Civil Statute under which yOll are filing lind Write a BriefStatement of Cause (Do lIot cite jurisdictional statutes unlessdiversity):

VII. CAUSE OF ACTION This case arises under the Voting Rights Act, 42 U.S.C. 1973c and 1973 1 and seeks declaratory and injunctive

relief reouirinl! the State to seek nreclearance for Florida Constitutional Amendmentc; 5 and 6. DLENGTH OF TRIAL via..2-- days estimpted (for both sides to try entire case)

VIII. REQUESTED IN 0 CHECK IF THIS IS A CLASS ACTION DEMAND $ CHECK YES only ifdemllDded in complaint:

COMPLAINT: UNDER F.R.C.P. 23 JURY DEMAND: 0 Yes No

REClllPT g

ABOVE INFORMATION IS TRUE & CORUECf TOTHE BEST OF MY KNOWLEDGE

IGNATURE~~F RECO

FOR OFFICE USE ONLY

AMOUNT----

DATil

Z- 3 I'

IFP

UNITED STATES DISTRICT COURTfor the

SOUTHERN DISTRICT OF FLORIDA

THE LEAGUE OF WOMEN VOTERSOF FLORIDA, THE FLORIDA STATECONFERENCE OF NAACP BRANCHES,DEMOCRACIA AHORA, SARAHFOWLER, ROSANNE POTTER,MICHAEL E. BERMAN AND CHARLESMAJOR JR., PATRICIA M. LENNY,

Civil Action No. 11-10006-CIV-Moore/SimontonPlaintiffs,

v.


Defendants.

SUMMONS IN A CIVIL ACTION

To: Kurt BrowningSecretary of StateAttn: The General CounselThe Capitol, LL-IOTallahassee, Florida 32399

A lawsuit has been filed against you.

Within 21 days of service of this summons on you (not counting the day you received it) - or 60 days if youare the United States or a United states agency, or an officer or employee of the United states described in Fed. R.Civ. P. 12 (a)(2) or (3) - you must serve the plaintiff an answer to the attached complaint or a motion under Rule 12of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:

Jane W. Moscowitz, Esq.Moscowitz & Moscowitz, P.A.

Sabadell Financial Center1111 Brickell Avenue, Suite 2050

Miami, Florida 33131

If you fail to respond, judgment by default will be entered against you for the relief demanded in thecomplaint. You also must file your answer or motion with the court.

Date: February 3, 2011

Steven [\..1. Larimoreel;Oo1,l,.. ..... f .'n1l1't

SIJl\Il\..fONS

s/Olivia TompkinsDeputy ClerkU.S. District Courts

Case 4:11-cv-1 0006-KMM Document 4-4 Entered on FLSD Docket 02/03/2011 Page 1 of 1





v.


Defendants.


To: Pam Bondi, Attorney GeneralOffice of the Attorney GeneralState of FloridaThe Capitol PL-OITallahassee, Florida 32399-1050


Within 21 days of service of this summons on you (not counting the day you received it) - or 60 days if youare the United States or a United states agency, or an officer or employee of the United states described in Fed. R.Civ. P. 12 (a)(2) or (3) - you must serve the plaintiff an answer to the attached complaint or a motion under Rule 12of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,whose name and address are:

Jane W. Moscowitz, Esq.Moscowitz & Moscowitz, P .A.

Sabadell Financial Center111I Brickell Avenue, Suite 2050




SlJj\..fj\IONS







v.


Defendants.


To: Rick ScottGovernor of FloridaThe Capitol PL-OITallahassee, Florida 32399


Within 21 days of service of this summons on you (not counting the day you received it) - or 60 days if youare the United States or a United states agency, or an officer or employee of the United states described in Fed. R.Civ. P. 12 (a)(2) or (3) - you must serve the plaintiff an answer to the attached complaint or a motion under Rule 12of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiffs attorney,whose name and address are:


Sabadell Financial CenterIIII Brickell Avenue, Suite 2050


If you fail to respond, judgment by default will be entered against you for the relief demanded in thecomplaint. .You also must file your answer or motion with the court.

Date: February 3, 2011SlJ~..f~..fONS


02/07/2011 5 PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered uponthe filing ofthe complaint. Plaintiffs counsel is hereby ORDERED toforward to all defendants, upon receipt of a responsive pleading, a copy ofthis order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to thiscase and the parties shall hold a scheduling conference no later than twenty(20) days after the filing ofthe first responsive pleading by the lastresponding defendant, or within sixty (60) days after the filing ofthecomplaint, whichever occurs first. However, if all defendants have not beenserved by the expiration ofthis deadline, Plaintiff shall move for anenlargement oftime to hold the scheduling conference, not to exceed 120days from the filing ofthe Complaint. Within ten (10) days ofthe schedulingconference, counsel shall file a joint scheduling report. Failure ofcounsel tofile a joint scheduling report within the deadlines set forth above may resultin dismissal, default, and the imposition ofother sanctions includingattorney's fees and costs. The parties should note that the time period forfiling a joint scheduling report is not tolled by the filing ofany otherpleading, such as an amended complaint or Rule 12 motion. The schedulingconference may be held via telephone. At the conference, the parties shallcomply with the following agenda that the Court adopts from S.D. Fla. L.R.16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shalldetermine the procedure for exchanging a copy of or a description bycategory and location ofall documents and other evidence that is reasonablyavailable and that a party expects to offer or may offer if the need arises. Fed.R. Civ. P. 26(a)(1)(B). (a) Documents include computations ofthe nature andextent ofany category ofdamages claimed by the disclosing party unless thecomputations are privileged or otherwise protected from disclosure. Fed. R.Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which maybe at issue with the satisfaction ofthejudgment. Fed. R. Civ. P. 26(a)(1)(D).(2) List of Witnesses - The parties shall exchange the name, address andtelephone number ofeach individual known to have knowledge ofthe factssupporting the material allegations ofthe pleading filed by the party. Fed. R.Civ. P. 26(a)(I)(A). The parties have a continuing obligation to disclose thisinformation. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - Theparties shall discuss the nature and basis oftheir claims and defenses and thepossibilities for a prompt settlement or resolution ofthe case. Failure tocomply with this Order or to exchange the information listed above mayresult in sanctions and 1or the exclusion ofdocuments or witnesses at thetime oftrial. S.D. Fla. L.R. 16.1.M. Telephonic appearances are notpermitted for any purpose. Upon reaching a settlement in this matter theparties are instructed to notifY the Court by telephone and to file a Notice ofSettlement within twenty-four (24) hours. Signed by Judge K. MichaelMoore on 2/7/2011. (rg1) (Entered: 02/0712011)

02/0712011 6 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERSTO MAGISTRATE, JUDGE ANDREA M. SIMONTON. PURSUANT to 28U.S.C. § 636 and the Magistrate Rules ofthe Local Rules ofthe SouthernDistrict ofFlorida, the above-captioned Cause is referred to United StatesMagistrate Judge Andrea M. Simonton to take all necessary and properaction as required by law with respect to any and all pretrial discoverymatters. Any motion affecting deadlines set by the Court's Scheduling Orderis excluded from this referral, unless specifically referred by separate Order.Signed by Judge K. Michael Moore on 21712011. (rg1) (Entered: 02/07/2011)

Entered on FLSD Docket 02/07/2011 Page 1 of 7Case 4:11-cv-10006-KMM Document 7FILING FEE

PAID __~~..r.~.,..."-jr) _

pro hacvice--::::;-:-'-~::-7--f---f.A--~bL,IloI.,UEDSTATES DISTRICT COURT FOR THE-_..-...........,;";,;;",;---.;.;:;,:,,,,;;:;;~--f\OUTHERN DISTRICT OF FLORIDA

RICK SCOTT, in his official capacity asGovernor of the State of Florida; and KURTBROWNING, in his official capacity asFlorida Secretary of State,

FEB 07 2011STEVEN M. LARIMORECLERK U. S. DIST. CT.S D of FLA. - MIAMI

FILED by ..,J.."...--

Case No. l1-CV-I0006-KMMPlaintiffs,

Defendants.

vs.

THE LEAGUE OF WOMEN VOTERS OF )FLORIDA, THE FLORIDA STATE )CONFERENCE OF NAACP BRANCHES, )DEMOCRACIA AHORA, SARAH )FOWLER, ROSANNE POTTER, MICHAEL )E. BERMAN, CHARLES MAJOR, JR., )and PATRICIA M. LENNY, )

)))))))))))

MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION, AND REQUESTTO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FLUNG

In accordance with Local Rules 4(b) of the Special Rules Governing the Admission and

Practice of Attorneys of the United States District Court for the Southern District of Florida, the

undersigned respectfully moves for the admission pro hac vice of Michael B. DeSanctis of the

law firm of Jenner & Block LLP, 1099 New York Avenue, NW, Washington, DC 20001, (202)

639-6000, for purposes ofappearance as co-counsel on behalfof Plaintiffs the League of Women

Voters of Florida, the Florida State Conference of NAACP Branches ("Florida NAACP"),

Democracia Ahora, Sarah Fowler, Rosanne Potter, Michael E, Berman, Charles Major, Jr., and

Patricia M, Lenny (collectively, "Plaintiffs") in the above-styled case only, and pursuant to Rule

2B of the CM/ECF Administrative Procedures, to pennit Michael B. DeSanctis to receive

electronic filings in this case, and in support thereof states as follows:


1. Michael B. DeSanctis is not admitted to practice in the Southern District of Florida and is

a member in good standing of the Bars of the following jurisdictions: District of Columbia (Bar

No. 460961); New Jersey (Bar No. 1009-1998); New York (Bar No. 2876803); Supreme Court

of the United States; the U.S. Courts of Appeals for the Second, Third, Fourth, Sixth, Ninth,

Eleventh, and District of Columbia Circuits; the U.S. District Court for the District of Columbia;

the U.S. District Court for the District of Maryland; the U.S. District Court for the District of

New Jersey; and the U.S. District Court for the Southern District ofNew York.

2. Movant, Jane W. Moscowitz, Esquire, of the law firm of Moscowitz & Moscowitz, P.A.,

Sabadell Financial Center, 1111 Brickell Avenue, Suite 2050, Miami, FL 33131, (305) 379

8300, is a member in good standing of the Florida Bar and the United States District Court for

the Southern District of Florida, maintains an office in this State for the practice of law, and is

authorized to file through the Court's electronic filing system. Movant consents to be designated

as a member of the Bar of this Court with whom the Court and opposing counsel may readily

communicate regarding the conduct of the case, upon whom filings shall be served, who shall be

required to electronically file all documents and things that may be filed electronically, and who

shall be responsible for filing documents in compliance with the CMlECF Administrative

Procedures. See Section 2B of the CMJECF Administrative Procedures.

3. In accordance with the local rules of this Court, Michael B. DeSanctis has made payment

of this Court's $75 admission fee. A certification in accordance with Rule 4(b) is attached

hereto.

4. Michael B. DeSanctis, by and through designated counsel and pursuant to Section 2B

CM/ECF Administrative Procedures, hereby requests the Court to provide Notice of Electronic

Filings to Michael B. DeSanctis at the email [email protected].


WHEREFORE, Jane W. Moscowitz, moves this Court to enter an Order permitting

Michael B. DeSanctis to appear before this Court on behalf of Plaintiffs for all purposes relating

to the proceedings in the above-styled matter and directing the Clerk to provide notice of

electronic filings to Michael B. DeSanctis.

Date: February1",2011 Respectfully submitted,

~~. MoscowitzrNo.586498

M'Q~witz& Moscowitz, P.A.Sabadell Financial Center1111 Brickell Avenue, Suite 2050Miami, FL 33131Telephone (305) 379-8300Facsimile (305) [email protected]


UNITED STATES DISTRICT COURT FOR THESOUTHERN DISTRICT OF FLORIDA


)Plaintiffs, ) Case No. l1-CV-10006-KMM

)vs. )

)RICK SCOTT, in his official capacity as )Governor of the State ofFlorida; and KURT )BROWNING, in his official capacity as )Florida Secretary of State, )

)Defendants. )

CERTIFICATION OF MICHAEL B. DESANCTIS

I, Michael B. DeSanctis, Esquire, pursuant to Rule 4(b) of the Special Rules Governing

the Admission and Practice of Attorneys, hereby certify that (1) I have studied the Local Rules of

the United States District Court for the Southern District of Florida; and (2) I am a member in

good standing of the Bars of the following jurisdictions: District ofColumbia (Bar No. 460961);

New Jersey (Bar No. 1009-1998); New York (Bar No. 2876803); Supreme Court of the United

States; the U.S. Courts of Appeals for the Second, Third, Fourth, Sixth, Ninth, Eleventh, and

District of Columbia Circuits; the u.s. District Court for the District of Columbia; the U.S.

District Court for the District of Maryland; the U.S. District Court for the District of New Jersey;

and the U.S. District Court for the Southern District ofNew York.


CERTIFICATE OF SERVICE

I HEREBY CERTIFY that a true and correct copy of the foregoing Motion to Appear

Pro Hac Vice, Consent to Designation and Request to Electronically Receive Notices of

Electronic Filings was served by mail, on FebruaryL 2011 to the following:

Pam Bondi, Attorney GeneralOffice of the Attorney GeneralState of FloridaThe Capitol PL-OITallahassee, Florida 32399-1050Counsel for Governor Rick Scott

Kurt BrowningSecretary of StateAttn: The General CounselThe Capitol, LL-l 0Tallahassee, Florida 32399




)Plaintiffs, ) Case No. II-CV-I0006-KMM

)vs. )

)RICK SCOTT, in his official capacity as )Governor of the State of Florida; and KURT )BROWNING, in his official capacity as )Florida Secretary of State, )

)Defendants. )

ORDER GRANTING.MOTION TO APPEAR PRO HAC VICE, CONSENT TODESIGNATION, AND REOUEST TO ELECTRONICALLY RECEIVE NOTICES OF

ELECTRONIC FILING

THIS CAUSE having come before the Court on the Motion to Appear Pro Hac Vice forMichael B. DeSanctis, Consent to Designation, and Request to Electronically Receive Notices ofElectronic Filing (the "Motion"), pursuant to the Special Rules Governing the Admission andPractice of Attorneys in the United States District Court for the Southern District of Florida andSection 2B of the CMlECF Administrative Procedures. This Court having considered the motionand all other relevant factors, it is hereby

ORDERED AND ADJUDGED that:

The Motion is GRANTED. Michael B. DeSanctis may appear and participate in this action onbehalf of Plaintiffs the League of Women Voters of Florida, the Florida State Conference ofNAACP Branches, Democracia Ahora, Sarah Fowler, Rosanne Potter, Michael E. Berman,Charles Major, Jr., and Patricia M. Lenny. The Clerk shall provide electronic notification of allelectronic filings to Michael B. DeSanctis at [email protected].

DONE AND ORDERED in Chambers at , Florida, this day of

United States District Judge


Copies furnished to:All Counsel of Record (via electronicjiling)

Entered on FLSD Docket 02/07/2011 Page 1 of 7Case 4:11-cv-10006-KMM Document 8ILiNG FEE'7.s. ~.,

PAID --";;;~~:-:---r'-;I'---

pro hac

vice --::-;--L--=:-~HJ-:-f-""""::"':'~"cH1rEDSTATES DISTRICT COURT FOR THE~--~----=--""""~---~SOUTHERNDISTRICT OF FLORIDA


FEB 07 2011STEVEN M. LARIMORECLERK U. S. DIST. CT.S. D. of FLA. - MIAMI

FILED by AJL.t D.C.

Case No. l1-CV-I0006-KMMPlaintiffs,

Defendants.

vs.

THE LEAGUE OF WOMEN VOTERS OF )FLORIDA, THE FLORIDA STATE )CONFERENCE OF NAACP BRANCHES, )DEMOCRACIA AHORA, SARAH )FOWLER, ROSANNE POTIER, MICHAEL )E. BERMAN, CHARLES MAJOR, JR., )and PATRICIA M. LENNY, )

)))))))))))

MOTION TO APPEAR PRO HAC VICE. CONSENT TO DESIGNATION, AND REOUESTTO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING

In accordance with Local Rules 4(b) ofthe Special Rules Governing the Admission and

Practice ofAttorneys of the United States District Court for the Southern District of Florida, the

undersigned respectfully moves for the admission pro hac vice of Eric R. Haren of the law firm

of Jenner & Block LLP, 1099 New York Avenue, NW, Washington, DC 20001, (202) 639-

6000, for purposes of appearance as co-counsel on behalf of Plaintiffs the League of Women


Democracia Ahora, Sarah Fowler, Rosanne Potter, Michael E. Berman, Charles Major, Jr., and

Patricia M. Lenny (collectively, "Plaintiffs") in the above-styled case only, and pursuant to Rule

2B of the CMIECF Administrative Procedures, to permit Eric R. Haren to receive electronic

filings in this case, and in support thereof states as follows:


1. Eric R. Haren is not admitted to practice in the Southern District of Florida and is a

member in good standing of the Bars of the following jurisdictions: California (Bar No.

250291); District of Columbia (Bar No. 985189); the U.S. Courts of Appeals for the Sixth and

Federal Circuits; and the United States Court of Federal Claims.

2. Movant, Jane W. Moscowitz, Esquire, of the law finn of Moscowitz & Moscowitz, P.A.,









Procedures. See Section 2B of the CM/ECF Administrative Procedures.

3. In accordance with the local rules of this Court, Eric R. Haren has made payment of this

Court's $75 admission fee. A certification in accordance with Rule 4(b) is attached hereto.

4. Eric R. Haren, by and through designated counsel and pursuant to Section 2B CM/ECF

Administrative Procedures, hereby requests the Court to provide Notice of Electronic Filings to

Eric R. Haren at the email [email protected].

WHEREFORE, Jane W. Moscowitz, moves this Court to cnter an Order pennitting Eric

R. Haren to appear before this Court on behalf of Plaintiffs for all purposes relating to the

proceedings in the above-styled matter and directing the Clerk to provide notice of electronic

filings to Eric R. Haren.

Case 4:11-cv-10006-KMM Document 8

Date: February.L 2011

Entered on FLSD Docket 02/07/2011 Page 3 of 7

Respectfully submitted,

. Moscowitz, Fla. B No. 586498Mos owitz & Moscowitz, P.A.

adell Financial Center1111 Brickell Avenue, Suite 2050Miami, FL 33131Telephone (305) 379-8300Facsimile (305) [email protected]




)Plaintiffs, ) Case No. ll-CV-I 0006-KMM

)vs. )


)Defendants. )

CERTIFICAnON OF ERIC R. HAREN

I, Eric R. Haren, Esquire, pursuant to Rule 4(b) of the Special Rules Governing the

Admission and Practice of Attorneys, hereby certifY that (1) I have studied the Local Rules of the

United States District Court for the Southern District of Florida; and (2) I am a member in good

standing of the Bars of the following jurisdictions: California (Bar No. 250291); District of

Columbia (Bar No. 985189); the U.S. Courts of Appeals for the Sixth and Federal Circuits; and

the United States Court of Federal Claims.

~Eric R. Haren





Electronic Filings was served by mail, on February1,2011 to the following:

Pam Bondi, Attorney GeneralOffice of the Attorney GeneralState of FloridaThe Capitol PL-OlTallahassee, Florida 32399-1050Counsel for Governor Rick Scott

Kurt BrowningSecretary of StateAttn: The General CounselThe Capitol, LL-IOTallahassee, Florida 32399




)Plaintiffs, ) Case No. ll-CV-lO006-KMM

)vs. )

)RICK SCOTT, in his official capacity as )Governor of the State of Florida; and KURT )BROWNING, in his official capacity as )Florida Secretary ofState, )

)Defendants. )

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE. CONSENT TODESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF

ELECTRONIC FILING

THIS CAUSE having come before the Court on the Motion to Appear Pro Hac Vice forEric R. Haren, Consent to Designation, and Request to Electronically Receive Notices ofElectronic Filing (the "Motion"), pursuant to the Special Rules Governing the Admission andPractice of Attorneys in the United States District Court for the Southern District of Florida andSection 2B of the CMlECF Administrative Procedures. This Court having considered the motionand all other relevant factors, it is hereby


The Motion is GRANTED. Eric R. Haren may appear and participate in this action on behalf ofPlaintiffs the League of Women Voters of Florida, the Florida State Conference of NAACPBranches, Democracia Ahora, Sarah Fowler, Rosanne Potter, Michael E. Berman, CharlesMajor, Jr., and Patricia M. Lenny. The Clerk shall provide electronic notification of allelectronic filings to Eric R. Haren at [email protected].

DONE AND ORDERED in Chambers at __----', Florida, this day of



Copies furnished to:All Counsel ofRecord (via electronicfiling)


-tFILlNG FEEPAID _1G 0<.\

-..L:a-'-;-_~~__

~~ehac / ~ It- '7~ m ITED STATES DISTRICT COURT FOR THESteven kLtlrrlOre. Clerk SOUTHERN DISTRICT OF FLORIDA .-----..,t-7T---.

RICK SCOTT, in his official capacity asGovernor ofthe State of Florida; and KURTBROWNING, in his official capacity asFlorida Secretary of State,

FEB 07 2011STEVEN M. LARIMORECLERK U. S. DIST. CT.S. D. of FLA. - MIAMI

FILED by D.C.

Case No. ll-CV-I0006-KMMPlaintiffs,

Defendants.

vs.


)))))))))))

MOTION TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION. AND REQUESTTO ELECTRONICALLY R'ECEIVE NOTICES OF ELECTRONIC FILING


Practice ofAttorneys of the United States District Court for the Southern District of Florida, the

undersigned respectfully moves for the admission pro hac vice of Paul M. Smith of the law firm

of Jenner & Block LLP, 1099 New York Avenue, NW, Washington, DC 20001, (202) 639-

6000, for purposes of appearance as co-counsel on behalf of Plaintiffs the League of Women


Democracia Ahora, Sarah Fowler, Rosanne Potter, Michael E. Berman, Charles Major, Jr., and

Patricia M. Lenny (collectively, "Plaintiffs") in the above-styled case only, and pursuant to Rule

2B of the CMlECF Administrative Procedures, to permit Paul M. Smith to receive electronic

filings in this case, and in support thereof states as follows:


1. Paul M. Smith is not admitted to practice in the Southern District of Florida and is a

member in good standing of the Bars of the following jurisdictions: District of Columbia (Bar

No. 358870); Maryland (Bar No. 27182); New York (Bar No. 4372447); the Supreme Court of

the United States; the U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth,

Seventh, Eighth, Ninth, Tenth, Eleventh, District of Columbia, and Federal Circuits; the U.S.

District Court for the District of Columbia; the U.S. District Court for the District of Colorado;

the U.S. District Court for the Northern District of Illinois; the U.S. District Court for the District

ofMaryland; and the U.S. District Court for the Southern District of New York.









shall be responsible for filing documents in compliance with the CM/ECF Administrative


3. In accordance with the local rules of this Court, Paul M. Smith has made payment of this

Court's $75 admission fee. A certification in accordance with Rule 4(b) is attached hereto.

4. Paul M. Smith, by and through designated counsel and pursuant to Section 2B CM/ECF


Paul M. Smith at the email [email protected].

·Case 4:11-cv-10006-KMM Document 9 Entered on FLSD Docket 02/07/2011 Page 3 of 8

WHEREFORE, Jane W. Moscowitz, moves this Court to enter an Order pennitting Paul

M. Smith to appear before this Court on behalf of Plaintiffs for all purposes relating to the


filings to Paul M. Smith.

Date: February 2,2011 Respectfully submitted,

Ulv\b. Moscowitz .No. 586498

M owitz & Moscowitz, P.A.Sabadell Financial Center1111 Brickell Avenue, Suite 2050Miami, FL 33131Telephone (305) 379-8300Facsimile (305) [email protected]

'Case 4:11-cv-10006-KMM Document 9 Entered on FLSD Docket 02/07/2011 Page 4 of 8



)Plaintiffs, ) Case No. l1-CV-1 0006-KMM

)vs. )

)RICK SCOTT, in his official capacity as )Governor ofthe State of Florida; and KURT )BROWNING, in his official capacity as )Florida Secretary of State, )

)Defendants. )

CERTIFICATION OF PAUL M. SMITH

I, Paul M. Smith, Esquire, pursuant to Rule 4(b) of the Special Rules Governing the

Admission and Practice ofAttorneys, hereby certify that (l) I have studied the Local Rules of the

United States District Court for the Southern District of Florida; and (2) Tam a member in good

standing of the Bars of the following jurisdictions: District of Columbia (Bar No. 358870);

Maryland (Bar No. 27182); New York (Bar No. 4372447); the Supreme Court of the United

States; the U.S. Courts of Appeals for the First, Second, Third, Fourth, Fifth, Sixth, Seventh,

Eighth, Ninth, Tenth, Eleventh, District of Columbia, and Federal Circuits; the U.S. District

Court for the District of Columbia; the U.S. District Court for the District of Colorado; the U.S.

District Court for the Northern District of Illinois; the U.S. District Court for the District of

Maryland; and the U.S. District Court for the Southern District ofNew York.

'Case 4:11-cv-10006-KMM Document 9 Entered on FLSD Docket 02/07/2011 Page 5 of 8





Electronic Filings was served by mail, on February22011 to the following:

Pam Bondi, Attorney GeneralOffice of the Attorney GeneralState of FloridaThe Capitol PL-OlTallahassee, Florida 32399-1050Counsel for Governor Rick Scott


'8ase 4:11-cv-10006-KMM Document 9 Entered on FLSD Docket 02/07/2011 Page 7 of 8



)Plaintiffs, ) Case No, ll-CV-I0006-KMM

)vs. )

)RICK SCOTT, in his official capacity as )Governor ofthe State of Florida; and KURT )BROWNING, in his official capacity as )Florida Secretary of State, )

)Defendants. )

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE. CONSENT TODESIGNATION, AND REOUEST TO ELECTRONICALLY RECEIVE NOTICES OF

ELECTRONIC FILING

THIS CAUSE having come before the Court on the Motion to Appear Pro Hac Vice forPaul M. Smith, Consent to Designation, and Request to Electronically Receive Notices ofElectronic Filing (the "Motion"), pursuant to the Special Rules Governing the Admission andPractice of Attorneys in the United States District Court for the Southern District of Florida andSection 2B of the CMIECF Administrative Procedures. This Court having considered the motionand all other relevant factors, it is hereby


The Motion is GRANTED. Paul M. Smith may appear and participate in this action on behalfofPlaintiffs the League of Women Voters of Florida, the Florida State Conference of NAACPBranches, Democracia Ahora, Sarah Fowler, Rosanne Potter, Michael E. Bennan, CharlesMajor, Jr., and Patricia M. Lenny. The Clerk shall provide electronic notification of allelectronic filings to Paul M. Smith at [email protected].

DONE AND ORDERED in Chambers at -", Florida, this day of


·Case 4: 11-cv-1 0006-KMM Document 9 Entered on FLSD Docket 02/07/2011 Page 8 of 8

Copies furnished to:All Counsel ofRecord (via ·electronicjiling)


3'LlNC:.lEEPAlO ~ =r.J.~~ehac Ie> (p 1/ UNIrED STATES DISTRICT COURT FOR THE

Steven M. larimore, Clerk SOUTHERN DISTRICT OF FLORIDA


FEB 07 2011STI;VEN M, I.ARIMOR~CLERK y, Il f)1~r: fj'fS. D, of FlA, ",; M" ,

FILED by....,....__.. D.C.

Case No. t l-CV-tO006-KMM

Defendants.

Plaintiffs,

vs.

THE LEAGUE OF WOMEN VOTERS OF )FLORIDA, THE FLORIDA STATE )CONFERENCE OF NAACP BRANCHES, )DEMOCRACIA AHaRA, SARAH )FOWLER, ROSANNE POTTER, MICHAEL )E. BERMAN, CHARLES MAJOR, JR., )and PATRICIA M. LENNY, )

)))))))))))

MOTION TO APPEAR PRO HAC VICE. CONSENT TO DESIGNATION, AND REOUESTTO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING


Practice ofAttorneys ofthe United States District Court for the Southern District of Florida, the

undersigned respectfully moves for the admission pro hac vice of J. Gerald Hebert, 191

Somervelle Street, #405, Alexandria, VA 22304, (703) 628-4673, for purposes of appearance as

co-counsel on behalf of Plaintiffs the League of Women Voters of Florida, the Florida State

Conference of NAACP Branches ("Florida NAACP"), Democracia Ahara, Sarah Fowler,

Rosanne Potter, Michael E. Berman, Charles Major, Jr., and Patricia M. Lenny (collectively,

"Plaintiffs") in the above-styled case only, and pursuant to Rule 2B of the CM/ECF

Administrative Procedures, to permit J. Gerald Hebert to receive electronic filings in this case,

and in support thereof states as follows:

'Case 4:11-cv-1 0006-KMM Document 10 Entered on FLSD Docket 02/07/2011 Page 2 of 7

1. J. Gerald Hebert is not admitted to practice in the Southern District of Florida and is a

member in good standing of the Bars of the following jurisdictions: Virginia (Bar No. 48432);

District of Columbia (Bar No. 447676); U.S. District Court for the Eastern District of Virginia;

and the U.S. District Court for the District of Columbia. I am also a member of the bar in good

standing of the United States Courts ofAppeals for the Fifth, Eighth and Eleventh Circuits, and a

member of the bar in good standing of the United States Supreme Court.











3. In accordance with the local rules of this Court, J. Gerald Hebert has made payment of

this Court's $75 admission fee. A certification in accordance with Rule 4(b) is attached hereto.

4. J. Gerald Hebert, by and through designated counsel and pursuant to Section 2B CMIECF


J. Gerald Hebert at the email address GHebcrtCd:campaignlegalcenter.org.

WHEREFORE, Jane W. Moscowitz, moves this Court to enter an Order permitting J.

Gerald Hebert to appear before this Court on behalf of Plaintiffs for all purposes relating to the

.Case 4:11-cv-10006-KMM Document 10 Entered on FLSD Docket 02/07/2011 Page 3 of 7


filings to J. Gerald Hebert.

Date: February 1- ,2011 Respectfully submitted,

~/s~rJhO~Ja ~~F a. ar No. 586498

o cowitz & Moscowitz, P.A.adell Financial Center

1111 Brickell Avenue, Suite 2050Miami, FL 33131Telephone (305) 379-8300Facsimile (305) [email protected]




)Plaintiffs, ) Case No. II-CV-lO006-KMM

)vs. )


)Defendants. )

CERTIFICATION OF J. GERALD HEBERT

I, J. Gerald Hebert, Esquire, pursuant to Rule 4(b) of the Special Rules Governing the

Admission and Practice of Attorneys, hereby certify that (I) I have studied the Local Rules of the

United States District Court for the SOllthern District of Florida; and (2) I am a member in good

standing of the Bars of the following jurisdictions: Virginia (Bar No. 48432); District of

Columbia (Bar No. 447676); the Supreme Court of the United States; the United States Courts of

Appeals for the Fifth, Eighth and Eleventh Circuits; the U.S. District Court for the Eastern

District ofVirginia; and the U.S. District Court for the District ofColumbia.





Electronic Filings was served by mail, on February"];,2011 to the following:

Pam Bondi, Attorney GeneralOffice of the Attorney GeneralState of FloridaThe Capitol PL-OlTallahassee, Florida 32399-1050Counselfor Governor Rick Scott

Kurt BrowningSecretary ofStateAttn: The General CounselThe Capitol, LL-IOTallahassee, Florida 32399

Case4:11-cv-10006-KMM Document 10 Entered on FLSD Docket02/0?/2011 Page 6 of?



)Plaintiffs, ) Case No. ll-CV-I0006-KMM

)vs. )

)RICK SCOTT, in his official capacity as )Governor of the State ofFlorida; and KURT )BROWNING, in his official capacity as )Florida Secretary of State, )

)Defendants. )

ORDER GRANTING MOTION TO APPEAR PRO HAC VICE, CONSENT TODESIGNATION, AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF

ELECTRONIC FILING

THIS CAUSE having come before the Court on the Motion to Appear Pro Hac Vice forJ. Gerald Hebert, Consent to Designation, and Request to Electronically Receive Notices ofElectronic Filing (the "Motion"), pursuant to the Special Rules Governing the Admission andPractice of Attorneys in the United States District Court for the Southern District of Florida andSection 2B of the CM/ECF Administrative Procedures. This Court having considered the motionand all other relevant factors, it is hereby


The Motion is GRANTED. Michael B. DeSanctis may appear and participate in this action onbehalf of Plaintiffs the League of Women Voters of Florida, the Florida State Conference ofNAACP Branches, Democracia Ahora, Sarah Fowler, Rosanne Potter, Michael E. Berman,Charles Major, Jr., and Patricia M. Lenny. The Clerk shall provide electronic notification of allelectronic filings to J. Gerald Hebert at [email protected].

DONE AND ORDERED in Chambers at __---', Florida, this day of



Copies furnished to:All Counsel of Record (via electronicfUing)

02/08/2011 11 PAPERLESS ORDER. THIS CAUSE came before the Court on Plaintiffs'Motions to Appear Pro Hac Vice, Consent to Designation, and Request toElectronically Receive Notices ofElectronic Filings Z.8..2.lQ . UPONCONSIDERATION ofthe Motions, the pertinent portions ofthe record,and being otherwise fully advised in the premises, it is ORDERED ANDADJUDGED that the Motions Z.8..2.lQ are GRANTED. Eric R. Haren, J.Gerald Hebert, Michael B. DeSanctis and Paul M. Smith may appear ProHac Vice in this matter. The Clerk ofthe Court shall provide electronicnotification ofall electronic filings to [email protected],[email protected], [email protected], [email protected]. Signed by Judge K. Michael Moore on 2/8/2011. (rgl)(Entered: 02/08/2011)


FILING FEEPAID-J; 1.(": ~~~ehac / ~7~~ UNI rED STATES DISTRICT COURT FOR THE

Steven M. [art ore, Clerk IsOUTHERN DISTRICT OF FLORIDAFILED by D.C.

THE LEAGUE OF WOMEN VOTERSOF FLORIDA, THE FLORIDA STATECONFERENCE OF NAACP BRANCHES,DEMOCRACIA AHORA, SARAHFOWLER, ROSANNE POTIER,MICHAEL E. BERMAN, CHARLESMAJOR, JR., and PATRICIA M. LENNY,

Plaintiffsv.


Defendants.

FEB 08 2011STEVEN M. LARIMOReCLERK U. S. DIST. CT.

Civil Action No.: 4:11-cv -MIAMI

MOTION TO APPEAR PRO HAC VICE,CONSENT TO DESIGNATION, AND REQUEST TO

ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING


Practice of Attorneys of the United States District Court for the Southern District of Florida, the

undersigned respectfully moves for the admission pro hac vice of M. Laughlin McDonald----------(Moffatt Laughlin McDonald) of the American Civil Liberties Union Foundation, Inc., 230

Peachtree Street, NW, Suite 1440, Atlanta, GA 30303-1227, 404-523-2721, for purposes of

appearance as co-counsel on behalf of Plaintiffs in the above-styled case only, and pursuant to

Rule 2B of the CMlECF Administrative Procedures, to permit M. Laughlin McDonald to receive

electronic filings in this case, and in support thereof states as follows:


1. M. Laughlin McDonald is not admitted to practice in the Southern District of

Florida and is a member in good standing of the Georgia Bar, the United States District Court for

the Northern District of Georgia, and the Eleventh Circuit.

2. Movant, Randall C. Marshall of the American Civil Liberties Union Foundation

of Florida, Inc., 4500 Biscayne Blvd Suite 340, Miami, FL 33137-3227, 786-363-2700, is a

member in good standing of The Florida Bar and the United States District Court for the

Southern District of Florida, maintains an office in this State for the practice of law, and is






Procedures.

3. In accordance with the local rules of this Court, M. Laughlin McDonald has made

payment of this Court's $75 admission fee. A certification in accordance with Rille 4(b) is

attached hereto.

4. M. Laughlin McDonald, by and through designated counsel and pursuant to

Section 2B CM/ECF Administrative Procedures, hereby requests the Court to provide Notice of

Electronic Filings to M. Laughlin McDonald at email address: [email protected].

WHEREFORE, Randall C. Marshall moves this Court to enter an Order permitting M.

Laughlin McDonald, to appear before this Court on behalf of Plaintiffs, for all purposes relating


to the proceedings in the above-styled matter and directing the Clerk to provide notice of

electronic filings to M. Laughlin McDonald.


RANDALLC.MARSHALLAmerican Civil Liberties Union

Foundation of Florida, Inc.4500 Biscayne Blvd Suite 340Miami, FL 33137Tel: (786) 363-2700Fax: (786) [email protected] Bar Number 181765

M. LAUGHLIN McDONALDAmerican Civil Liberties Union Foundation, Inc.230 Peachtree Street, NWSuite 1440Atlanta, GA 30303-1227Tel: (404) 523-2721Fax: (404) [email protected]




Plaintiffsv.


Defendants.

Civil Action No.: 4:11-cv-l0006-KMM

CERTIFICATION OF M. LAUGHLIN McDONALD

M. Laughlin McDonald, Esquire, pursuant to Rule 4(b) of the Special Rules Governing

the Admission and Practice ofAttorneys, hereby certifies that (I) I have studied the Local Rules

of the United States District Court for the Southern District ofFlorida; and (2) I am a member in

good standing ofthe Georgia Bar, the United States District Court for the Northern District of

Georgia, and the Eleventh Circuit.

M. LAUGHLIN McDONALDAmerican Civil Liberties Union Foundation, Inc.230 Peachtree Street, NWSuite 1440Atlanta, GA 30303-1227Tel: (404) 523-2721Fax: (404) [email protected]



I HEREBY CERTIFY that on February 8, 2011, I filed the foregoing document with the

Clerk of the Court and sent a copy by U.S. mail, postage pre-paid, and bye-mail to the

following:

Pam Bondi, Attorney GeneralOffice of the Attorney GeneralState of FloridaThe Capitol PL-O1Tallahassee, Florida 32399-1050

Counselfor Governor Rick Scott

Kurt BrowningSecretary of StateAttn: The General CounselThe Capitol, LL-I 0

Twlahassee,Florida32399 <::~}J ( uJ!RANDALL C. MARSHALLAmerican Civil Liberties Union

Foundation of Florida, Inc.4500 Biscayne Blvd Suite 340Miami, FL 33137Tel: (786) 363-2700Fax: (786) [email protected] Bar Number 181765




Plaintiffsv.


Defendants.

Civil Action No.: 4:11-cv-lO006-KMM

ORDER GRANTING MOTION TO APPEARPRO HAC VICE, CONSENT TO DESIGNATION AND REQUEST TO

ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING

THIS CAUSE having come before the Court on the Motion to Appear Pro Hac Vice for

M. Laughlin McDonald, Consent to Designation, and Request to Electronically Receive Notices

of Electronic Filing (the "Motion"), pursuant to the Special Rules Governing the Admission and

Practice of Attorneys in the United States District Court for the Southern District of Florida and

Section 2B of the CM/ECF Administrative Procedures. This Court having considered the motion

and all other relevant factors, it is hereby



The Motion is GRANTED. M. Laughlin McDonald may appear and participate in this

action on behalfof Plaintiffs. The Clerk shall provide electronic notification of all electronic

filings to M. Laughlin McDonald at [email protected].

DONE AND ORDERED in Chambers at Miami, Florida, this _ day of February, 2011.

K. MICHAEL MOOREUNITED STATES DISTRICT JUDGE

cc: all counsel of record




Plaintiffs,

v.

RICK SCOTT, in his official capacityas Governor of the State ofFlorida;and KURT BROWNING, in his officialcapacity as Florida Secretary ofState,

Defendants.

--------------_/

Case No. ll-CV-l0006-KMM

NOTICE OF FILING CORRECTED SERVICE LIST

Plaintiffs, the League of Women Voters of Florida, the Florida State Conference of

NAACP Branches, Democracia Ahora, Sarah Fowler, Rosanne Potter, Michael E. Berman,

Charles Major, Jr., and Patricia M. Lenny, hereby file a corrected service list to Motion's for Pro

Hac Vice (DE #'s 7, 8, 9, 10, and 12), attached hereto as Exhibit A.





Charles G. BurrFla. Bar No. 0689416Burr & Smith, LLP441 W. Kennedy Blvd.Suite 300Tampa, FL 33606Tel: (813) 253-2010Fax: (813) [email protected]

Randall C. MarshallAmerican Civil Liberties UnionFoundation of Florida, Inc.4500 Biscayne Blvd Suite 340Miami, FL 33137Tel: (786) 363-2700Fax: (786) [email protected] [email protected]


Paul M. SmithMichael B. DeSanctisEric R. HarenJenner & Block LLP1099 New York Ave., N.W.Washington, D.C. 20001Tel: (202) 639-6000Fax: (202) [email protected]

J. Gerald HebertAttorney at LawJ. Gerald Hebert, P.C.191 Somervelle Street, #405Alexandria, VA 22304Tel: (703) [email protected]

2



I HEREBY CERTIFY that a true and correct copy of the foregoing is being served via

transmission of notices of electronic filing generated by CM/ECF on this 9th, day of February,

2011, on:

Rick ScottGovernor of FloridaThe Capitol PL-OlTallahassee, Florida 32399

Kurt BrowningSecretary of StateAttn: The General CounselThe Capitol, LL-IOTallahassee, Florida 32399

silane W. Moscowitzlane W. Moscowitz

3

Case 4:11-cv-10006-KMM Document 13-1 Entered on FLSD Docket 02/09/2011 Page 1 of 2

EXHIBIT A


CORRECTED SERVICE LIST

Rick ScottGovernor of FloridaThe Capitol PL-O1Tallahassee, Florida 32399


sIlane W. MoscowitzJane W. Moscowitz




Plaintiffs,

v.


Defendants.

-------------_----:/

Case No. ll-CV-I0006-KMM

DECLARATION OF JANE W.MOSCOWITZ REGARDINGSERVICE OF THE COMPLAINTAND SUMMONSES

I, JANE W. MOSCOWITZ, make the following Declaration pursuant to 28 U.S.c. §

1746 and Rule 4, FRCP:

1. I am an attorney licensed to practice in the courts of the State ofFlorida,

and am admitted to practice in the Southern District of Florida. I am over 18 years of age. I am a

partner in the firm ofMoscowitz & Moscowitz, P.A., and represent the League of Women Voters

of Florida, The Florida State Conference ofNAACP Branches, Democracia Ahora, Sarah

Fowler, Rosanne Potter, Michael E. Berman, Charles Major, Jr., and Patricia M. Lenny in the

1


above-captioned matter. Accordingly, I am fully familiar with the facts, circumstances, and prior

proceedings in this matter.

2. Plaintiffs' Complaint and Summons was served upon Defendants via Certified

U.S. Mail, Return Receipt Requested. More specifically, Defendants were served as follows:

(a) Defendant Governor Rick Scott was served with a package bearing Article Number

7007 0220 0000 7625 5001;

(b) Defendant Secretary of State Kurt Browning was served with a package bearing

Article Number 7007 0220 0000 7625 4998, and

(c) Attorney General Pam Bondi (served as a courtesy) was served with a package bearing

Article Number 7007 0220 0000 7625 4981. Each package contained a copy of the Complaint,

and each package issued to a defendant contained a summons issued by this Court.

3. Defendants accepted service by mail. A true and correct copy ofthe dated and

stamped Return Receipt cards reflecting Defendants' acceptance are attached hereto as Exhibits

A, B, andC.

Respectfully submitted,



2


Charles G. BurrFla. BarNo. 0689416Burr & Smith, LLP441 W. Kennedy Blvd.Suite 300Tampa, FL 33606Tel: (813) 253-2010Fax: (813) [email protected]

Randall C. MarshallAmerican Civil Liberties UnionFoundation ofFlorida, Inc.4500 Biscayne Blvd Suite 340Miami, FL 33137Tel: (786) 363-2700Fax: (786) [email protected] Bar Number [email protected]



3


J. Gerald HebertAttorney at LawJ. Gerald Hebert, P.C.191 Somervelle Street, #405Alexandria, VA 22304Tel: (703) [email protected]


I HEREBY CERTIFY that a true and correct copy ofthe foregoing is being served via

transmission of notices of electronic filing generated by CMlECF on this 16th, day of February,

2011, on:

Rick ScottGovernor ofFloridaThe Capitol PL-O1Tallahassee, Florida 32399


s/Jane W. MoscowitzJane W. Moscowitz

4


5


EXHIBIT A

NoNQ)C)cac..

Domestic Return Receipt 102595-02·M·1540.

7007 0220 0000 7625 5001

C] Agento Acldressee .

~z'-£'":~)Gc",Jfrl;;fDellvel)'1'1 St R \/1, l- , "

~f"'I ,..

.,

D. Is dellvltry~ d"lfferentfrom item1? C] Yes. IfYES,'ehtlrl1~~~w: C] No.

7f1I1 :Da

B. Receive,

3. servJoe 1}rpeIlO Certlfled Mail C] Express Mallo Registered Ii!:I Return Receipt for Merchandise :o Insured Mail 0 C.O.D. .

4. Restricted Delivery? (Extra Fee) 0 Yes

x• Complete items 1, 2, and 3. Also complete

Item 4 if Restricted Delivery is cIeslred.• Print your name and address on the reverse

.sO that we can return the card to you•• Attach this card to the back of the mailpiecei

or on the front if space permits. .;:'

,. Article Addressed to:

~ ..e.~s=>~e:.e."-.le"'~o"" o~ OC;;;:\c~\.6.;~''ne.. c.o..D,,~\. ~\...-c>,.)j;,:!~~.,,;;,;

"" ",:1;,':';;'.'-

,o....\.'\.o.~S.s..ee. '<=L 3')..3!=\i:'i\ri.I . ;v,·:~:~'"

2..Artlcle Number(rransfer from S/NVlce label)

.' PS Form 3811 J February 2004.....

I

~.....-c:Q)

E::JUoo::2:::2:~

I

CDaaa.....

I

GI...........~Q)lJ)

ca()

..........a~CD...........Na-Q)oX:UoooCJ)-lLLc:o

"'0~Q)-c:

W


EXHIBITB

o

[ff·UDMwaU>i1NMJi·!JI,t:iiiiMM

D. Is deliveryaddress different from item 11 0 YasIf YEs, enter delivery address beloW: a No

3. Service TypeIiiiJ Certifled Mall a Elipress Mano Registered ts Re1Um Receipt for Merchandise :o Insured Mail 0 C.o.o.

8. ,Received by (Printed Name)

ayes

CI AgentCl Addressee '

C.,DateofDeUvecy •

~

fEB 10 2011~

x

4. Reslrlc:tOO DeIlveIy? (Extra Fee)

o 1. ArticleAddreSsed to:....~ ~v.~~ ~,Ov>""": .... ""c\. 'g S~~e..~~,\ o~~~ .o ~.llc:\"". ,"",\..:e.. G>e.......e.~\. (P'-'.Vl..s.e:.'

@ ~\""'E?- c..C\,.~ ...~\. I \...\.-- \. 0

ii ""'"~\.'-0.."'-a..ssee ,~ \.. ;.~C\qc'0

'0

(I;

aro SENDER: COMPLETE THIS SECTIOND

• Complete Items 1, 2, and 3. Also complete..... Item 4 If Restricted Delivery Is deslred..o • Print your name and address on the reverseN so that we can return the card to you. ,<:0 • Attach this card to the back of the malJpieee.~ or on the front If space permits.

<I!. 'Article Number.... '

E.fTlWISfer from service~I 7007 0220 0000 7625 4998,_

!PS Form 3811, February 2004

NI

-.:t.........CQ)

E::J(,)oo:2:2~

I

COooo.....

I

~I..........~Q)l/)roo

Domestic Retum ReceIpt 102S9S~-M-'540 ,


-EXHIBITC

N......oN

t~i··~·LJf;:Nr: Y GEi~JEf\AL·$ OFFICE

B. Received b':/;~Prj11¥N,a.tJl~)~ l t:1 (J,Data of Delivery .t . . 'I, It~l.' '...... f. 1J G..~, !~......

O. Is deliVer:llld~dIff~ from It@n 11 D YesIfYES, eht!JrBJiI\l~-ati&~MetoJk· 5"j:J No

DAgentD Addressee .

DYes4. Restlictecl DeJiv8lY'1 (Extra Fee)

3. Service 1YPeIllL Certlfied Mail D Express Mail[J Registered Ia Return Receipt for Merehandise :[J Insured Mail o C.O.D.

~. Complete [terns 1, 2, and 3. Also complete... item 4 if Re$iCted Delivery is desired. .O. Print your name and address on the reverse~ so that we can return the card to you.<P. Attach this card to the back of the maIlplece,~ or on the front If space permits.

o 1. Artlcle Addres:>ed to:

~ 'Yo...'Il'l'o. ~o~6.:\.1 ~~""e.,\ ~C\.g O~~c.~~ -\-"e 'Y\~~'\~~o S~~e.. 0;::;; ~\.c~,b.c....

&5 "",,~e.. Co..~"~\.. V\...- a \Li· ""'a...'-'o..\....o....Sse.e , ~'- ;':t~~ct.

i::::otlQ)

~ 2. Artlcle NUmber'. C

I ., I (rransfer from service label)

PS Form 3811, February 2004M

I

"'".....-CQ)

E::J()oo

7007 0220 0000 7625 4981

Domestic Return ReceIpt 1025lJ5.02-M-1640 .

~

~:::so::::

I(0ooo.....

I

>()

I...........;,tQ)C/)ttlo




Plaintiffs

v.

RICK SCOTT, in his official capacityas Governor ofthe State of Florida;and KURT BROWNING, in his officialcapacity as Florida Secretary ofState,

Defendants.

Civil Action No.:ll-10006-CV-MOORE

Three-Judge District Court Requested

NOTICE OF RELATED CASE

Plaintiffs THE LEAGUE OF WOMEN VOTERS OF FLORIDA, THE FLORIDA

STATE CONFERENCE OF NAACP BRANCHES, DEMOCRACIA AHORA, SARAH

FOWLER, ROSANNE POTTER, MICHAEL E. BERMAN, CHARLES MAJOR, JR., and

PATRICIA M. LENNY, pursuant to Local Rule 3.8, hereby file this Notice of Related Case, to

inform this Court of another case, Diaz-Balart v. Rick Scott, et al., Case No. 10-CV- 23968-

UNGARO, "which involves subject matter which is a material part of the subject matter of

another action or proceeding then pending before this Court...." Section 2.15.00 of the

Internal Operating Procedures of the Southern District of Florida. Pursuant to Local Rule 3.8,

it is the "continuing duty of counsel" to notify the Court of such related actions.

This case and Diaz-Balart v. Rick Scott involve much of the same subject matter, namely


the implementation and enforceability of recently adopted Amendment 6 to the Florida

Constitution, now Section III, Article 20. Amendment 6, upon adoption by Florida's voters in

the last election, created new criteria that must be followed by the State Legislature when it

undertakes congressional redistricting pursuant to the 2010 census. Specifically, the Diaz-Balart

Plaintiffs (two members of the United States Congress) seek to enjoin the Governor and

Secretary of State from enforcement of Amendment 6; and this case addresses the question of

whether Amendment 6 should be submitted by the Governor or Secretary of State for pre

clearance pursuant to section 5 of the Voting Rights Act of 1965, as amended, 42 U.S.c. § 1973c

("Section 5") in order to assure its implementation and enforcement. Section 5 states that any

"voting qualification or prerequisite to voting, or standard, practice, or procedure with respect to

voting" in any jurisdiction covered by Section 5, may not be lawfully implemented unless and

until such change has been pre-cleared by the Department of Justice or the United States District

Court for the District of Columbia. This case also seeks the same relief for Amendment 5, now

Article III, section 21 of the Florida Constitution which specifies new criteria that must be

followed by the State Legislature when it undertakes state legislative redistricting.

This action came about when Florida's Governor and Secretary of State withdrew an

earlier request that the Department of Justice approve the new criteria as required by Section 5.

Despite the apparent need for preclearance, the State of Florida has begun to implement Sections

20 and 21. The essence of this case is to determine if Sections 20 and 21 require pre-clearance

and if they do, to require the Governor and the Secretary of State to re-submit them promptly for

preclearance so that they may be enforced.

2


The two actions are, therefore, related, especially because the new criteria cannot be

legally implemented until the requisite pre-clearance of the criteria has been obtained - a legal

reality intimately connected to the Diaz-Balart Plaintiffs' alleged harms. Lopez v. Monterey

County, 525 U.S. 266, 287 (1999); McDaniel v. Sanchez, 425 U.S. 130 (1987); Cook v. Randolph

County, 573 F.3d 1143 (1Ith Cir. 2009). Furthermore, there is an identity ofparties in these

related cases. The primary Defendants in the two actions, Governor Scott and Secretary of State

Browning, are the same, and some ofthe Plaintiffs in the instant case, i.e., the Florida State

Conference ofNAACP Branches and Democracia Ahora, have moved to intervene as

Defendants in the Diaz Balart case.




Charles G. BurrFla. BarNo. 0689416Burr & Smith, LLP441 W. Kennedy Blvd.Suite 300Tampa, FL 33606Tel: (813) 253-2010Fax: (813) [email protected]

3


Randall C. MarshallAmerican Civil Liberties UnionFoundation ofFlorida, Inc.4500 Biscayne Blvd Suite 340Miami, FL 33137Tel: (786) 363-2700Fax: (786) [email protected] Bar Number 181765



J. Gerald HebertAttorney at LawJ. Gerald Hebert, P.C.191 Somervelle Street, #405Alexandria, VA 22304Telephone (703) [email protected]

4



I HEREBY CERTIFY that a true and correct copy ofthe foregoing is being served via

transmission of notices of electronic filing generated by CMlECF on this 25th, day of February,

2011, on:

Rick ScottGovernor of FloridaThe Capitol PL-OlTallahassee, Florida 32399


slJane W. MoscowitzJane W. Moscowitz

5

RETURN OF SERVICE

State of Florida County Of Southem United States District COurt Court

Case Number: 11-10006-CIV-MOORE/SIMONTON

Plalf'tlff:The Leil~ ..e ofWornen Voters of Florida, The florida StateConference of NAACP Branches, Democracia Ahara, Sarah Fowler,Rosannl't Potter, Michael E. Bennan and Charles Major Jr., PatriciaM. Lenny,vs.Defendant:Rfck Scott, In his official Capacity as Governor of the State ofFlorida; and Kurt Browning, in his officioI capacity a9 FloridaSe~retaryof State,

For:Jane W. MoscowltzMoscowit2 & MoscowitZ, P.A.1111 Brickell AvenueSuite 2OfSOMiami, FL 33131

Recal'/yl! ':If Vause's Process Service on the 23rd day of February, 2.011 at 10;30 am to be served on RickScott, Governor of Florida, The Capitol PL-01, TaUaha"", Fl32399.

[, J, Lee vause, Jr., do hereby affirm that on the ~3rd day of February, 2011 at 10:65 am, I:,

GOVERNMENT AGENCY: served by deliverIng a true copy of the Summons & Complaint, Request fOTAppointment of a Three..Judge Court Attached PUl'$uant to S,O. FJe. Local Rul& 9.1 with the date end hour ofservice endorsed thereon by me. to: Rick Figlio as General Counsel al the address of The Capitol, SecondFloor, Tallahassee, FL 32399 for Rick Scott, Governor of Florida, and informed said person of the contentstherein, in compllanoe with state Statutes.

Under Peneltles of Perjury, I declare I have read the foregoing document and the facts stated in it are true. NONOTARY REQUIRED PURSUANT TO F.S. 92.525(2}. I am over the age of 18, of sound mind and neither aparty to or interested In the above suit.

Vause's Proc~ss ServiceP.O. I30x 1777Tallahassee, FL 3230Z-1771(850) 6564605

OUT Job Serial Number. VPS~2011 002099

Case 4:11-cv-10006-KMM Document 16 Entered on FLSD Docket 02/25/2011 Page 2 of 2aaa99141111e41V1~ O:OOcmrIeBlbt123~~~11 ~11oof11



THE LEAGUE OF WOMEN VOTERSOF FLORIDA~ THE FLORIDA STATECONFERENCE OF NAACP BRANCHES,DEMOCRACIA AHORA, SARAHFOWLER, ROSANNE POTTER,MICHAEL E. BERMAN AND CHARLESMAJOR JR., PATRICIA M. LENNY,

Civil Action No. 11-1000a-CIV-Moore/SimontonPlaintiffs,

v.

RICK SCOTT, in his official capacityliS Governor oftbe State of Florida;and KURT BROWNING, in his officialcapacity as Florida Secretary ofState,

Defendants.


To: Kurt BrowningSecretary of StateAttn: The General CounselThe Capitol, LL-IOTallahassee, Florida 32399


Witbin 2 I days of service of this summons on you (not counting tbe day you received it) - or 60 days if youare the United States or a United states agency, or an officer or employee ofthe United states described in Fed. R.Civ. P. 12 (a)(2) or (3) - you must serve the plaintiffan answer to tbe attached complaint or a motion under Rule 12of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,whose name and address are:


Sabadell Financial CenterI III Brickell Avenue, Suite 2050




SIJMMONS

sJOlivia TompkinsDeputy Clerl~

U.S. District Courts

CasJe 4:11-cv-10006-KMM Document 1702725/2011 10:24 85~~2~1412 Ente~f&~~t~B;pocket02/25/2011 p~~ 1 &J~4

State of Florida

RETUR~ OF SERVICE

County of Southern United States District Court Court

case Number: 11.10006-CIV-MOORE/SIMONTON

Plaintiff:The League ofWomen Voters of florida, The f:lorlda Sta~e

Canfe/'(!nce of NAACP Branches, Democtllcia Ahora, Sarah Fowler,Rosanne potfer, Michael E. Berman and Charles Major Jr., PatriciaM. Lenny,VI!l.

Defe"dant:Rick Scott. in his offIcial Capacity as Governor of the State offlorida; and Kurt Browoing, in his official capacity Q$ FloridaSecretal'y of state,

For:Jane W. MoscowltzMoscowit2: & Moseowitz, P,A.1111 Brickell AvenueSuite 2050MiamI, FL 33131

Received by Vause's Process Sel'Vice on the 23rd day of February. 2011 at 10:30 am to be SOlVed on KurtBrowning. Secretary of state, The Capitol, LL-10, Tallahassee, FL 32399.

l, J. Lee Vause, Jr., do hereby affirm that on the 23rd day of February, 2011 at 11:00 am, I:

GOVERNllliENT AGENCY: served by deliVering a true copy of the Summons &Complaint, Request forAppointment of a Three-J.mge Court Attached Pursuant to S,O. Fla.l..ocal Rule g.1 with the dats and hom ofservice endorsed thereon by me, to: Betty Mon~ illS Executive Assistant at the address of 500 $. BronoughSt" Talll.t Slssee, FL 32399 for Kurt Browning, Secrettu'Y of State. and informed said person of the contentstherein, In compliance with State Statutes.

Under Perraltle$ of Perjury, I declare I have read the foregoing document and the fams stated In it are true. NONOTARY REQUIRED PURSUANT TO F.S. 92.525(2). I am over the age of 18, of sound mind and neilher IIIparty to or Interested in the above suit.

Vause's Process ServiceP.O. Box 1777Tallahassee, FL 32302-1n7(850) 656·2605

Our Job Serial Number; VPS-2011 0021 00

Case 4:11-cv-10006-KMM Document 17Case 4:11-cv-1 0006·KMM Document 4

Entered on FLSD Docket 02/25/2011 Page 2 of 2Entered on FLSD Docket 02/03/2011 Page 1 of 1




Plaintiffs,

v.

RICK SCOTT, in his official capacityas Governor of the State ofFloridajand KURT BROWNING, in his officialcapacity as Florida Secretary ofState,

Defendants.

Civil Action No. 11-10006-CIV-Moore/Simonton


To: Rick ScottGovernor ofFloridaThe Capitol PL-DlTallahassee, Florida 32399


Within 21 days of service of this summons on yOu (not counting the day you received it) - or 60 days if youare the United States or a United states agency, or an officer or employee of the United states described in Fed. R.Civ. P, 12 (a)(2) or (3) - you must serve the plaintiff an answer to the attached complaint or a motion under Rule 12of the Federal Rules of Civil Procedure. The answer or motion must be served on the plaintiff or plaintiff's attorney,whose name and address are:


Sabadell Financial Center1111 Brickell Avenue, Suite 2050




SlJlVIMrONS

s/Olivia TompkinsDepnty ClerkU.S. District Courts