Free Speech Foundation, Inc. et al v. Gold

Filing 27

ORDERED: Plaintiffs shall respond to Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) (Doc. #24) on or before noon on November 23, 2022. Defendant shall respond to Plaintiffs' Verified Motion for Restraining Order and Preliminary Injunction (Doc. #7) on or before December 2, 2022. Signed by Judge Sheri Polster Chappell on 11/18/2022. (AEH)

Case 2:22-cv-00714-SPC-NPM Document 27 Filed 11/18/22 Page 1 of 2 PageID 282

UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
FORT MYERS DIVISION
FREE SPEECH FOUNDATION,
INC. and JOSEPH GILBERT, an
Arizona nonprofit corporation,
Plaintiffs,
v.

Case No.: 2:22-cv-714-SPC-NPM

SIMONE GOLD,
Defendant.
/
OPINION AND ORDER1
This Order follows up on matters addressed at today’s status conference.
At the conference, Defendant represented she planned to file a motion to
dismiss pursuant to Fed. R. Civ P. 12(b)(1). The Court informed the parties
that it would set relevant deadlines concerning both Plaintiffs’ Verified Motion
for Restraining Order and Preliminary Injunction (Doc. 7) and Defendant’s
prospective motion to dismiss when the Court received Defendant’s motion.
Now before the Court is both Plaintiffs’ Verified Motion for Restraining
Order and Preliminary Injunction (Doc. 7) and Defendant’s Motion to Dismiss

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Case 2:22-cv-00714-SPC-NPM Document 27 Filed 11/18/22 Page 2 of 2 PageID 283

Pursuant to Fed. R. Civ. P. 12(b)(1) (Doc. 24). Due to a dispute as to the
threshold issue of the Court’s jurisdiction, the Court will not schedule a
preliminary injunction hearing at this time. The Court will set deadlines for
Defendant to respond to Plaintiffs’ Verified Motion for Restraining Order and
Preliminary Injunction (Doc. 7) and for Plaintiffs to respond to Defendant’s
Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) (Doc. 24).
The Court will take under advisement all documentation that has (and
will) come before it regarding jurisdiction. If the Court determines it has
jurisdiction, the Court will expeditiously schedule a preliminary injunction
hearing.
Accordingly, it is now ORDERED:
1. Plaintiffs shall respond to Defendant’s Motion to Dismiss Pursuant to
Fed. R. Civ. P. 12(b)(1) (Doc. 24) on or before noon on November 23,
2022.
2. Defendant shall respond to Plaintiffs’ Verified Motion for Restraining
Order and Preliminary Injunction (Doc. 7) on or before December 2,
2022.
DONE and ORDERED in Fort Myers, Florida on November 18, 2022.

Copies: All Parties of Record

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