NIELSEN et al v. DESANTIS et al

Filing 1

COMPLAINT for Injunctive and Declaratory Relief against MARK ANDERSEN, CHRIS ANDERSON, SHIRLEY ANDERSON, PETER ANTONACCI, MARY JANE ARRINGTON, KIM A BARTON, BOBBY BEASLEY, MICHAEL BENNETT, MARTY BISHOP, STARLET CANNON, VICKI P. CANNON, CHRIS H CHAMBLESS, SHARON CHASON, DEBORAH CLARK, BRIAN E. CORLEY, BILL COWLES, NITA CRAWFORD, VICKI DAVIS, RON DESANTIS, TOMMY DOYLE, MARK EARLEY, JENNIFER J EDWARDS, LORI EDWARDS, ALETRIS FARNAM, SUSAN A. GILL, JOYCE GRIFFIN, DIANE HAGEN, JOHN HANLON, THOMAS R. HARDEE, TRAVIS HART, ALAN HAYS, MIKE HOGAN, BRENDA HOOTS, ELIZABETH P HORNE, LAURA HUTTO, TAMMY JONES, WILLIAM KEEN, SHIRLEY G. KNIGHT, CRAIG LATIMER, LAUREL M LEE, KAITI LENHART, LISA LEWIS, WENDY SARTORY LINK, PAUL A. LUX, GINA MCDOWELL, THERISA MEADOWS, ASHLEY MOODY, MARK F NEGLEY, VICKY OAKES, PENNY OGG, DEBORAH K. OSBORNE, CHARLES OVERTURF, HEATHER RILEY, CAROL F. RUDD, CONNIE SANCHEZ, LORI SCOTT, DIANE SMITH, DANA SOUTHERLAND, DAVID H STAFFORD, PAUL STAMOULIS, SYLVIA D. STEPHENS, LESLIE ROSSWAY SWAN, THE FLORIDA ELECTIONS CANVASSING COMMISSION, RON TURNER, TERRY VAUGHAN, TAPPIE A. VILLANE, GERTRUDE WALKER, HENRY WELLS, CHRISTINA WHITE, WESLEY WILCOX, GLENDA B. WILLIAMS ( Filing fee $ 400 receipt number AFLNDC-5172996.), filed by DONESA JACKSON, PRIORITIES USA, MORGAN OUTLAW, KIRK NIELSEN, RAY DAVIS, REVEL LUBIN, FLORIDA ALLIANCE FOR RETIRED AMERICANS, ALIANZA FOR PROGRESS, INC., FELICIA BRUCE, BARBARA DEVANE. (Attachments: #1 Civil Cover Sheet, #2 Summons M. Andersen, #3 Summons S. Anderson, #4 Summons C. Anderson, #5 Summons Antonacci, #6 Summons Arrington, #7 Summons Barton, #8 Summons Beasley, #9 Summons Bennett, #10 Summons Bishop, #11 Summons S. Cannon, #12 Summons Chambless, #13 Summons Chason, #14 Summons Clark, #15 Summons Corley, #16 Summons Cowles, #17 Summons Crawford, #18 Summons Davis, #19 Summons DeSantis, #20 Summons Doyle, #21 Summons Earley, #22 Summons J. Edwards, #23 Summons Elections Canvassing Commission, #24 Summons Farnam, #25 Summons Gill, #26 Summons Griffin, #27 Summons Hagan, #28 Summons Hanlon, #29 Summons Hardee, #30 Summons Hart, #31 Summons Hays, #32 Summons Hogan, #33 Summons Hoots, #34 Summons Horne, #35 Summons Hutto, #36 Summons Jones, #37 Summons Keen, #38 Summons Knight, #39 Summons Latimer, #40 Summons Lee, #41 Summons Lenhart, #42 Summons Lewis, #43 Summons Link, #44 Summons Lux, #45 Summons McDowell, #46 Summons Meadows, #47 Summons Moody, #48 Summons Negley, #49 Summons Oakes, #50 Summons Ogg, #51 Summons Osborne, #52 Summons Overturf, #53 Summons Riley, #54 Summons Rudd, #55 Summons Sanchez, #56 Summons Scott, #57 Summons Smith, #58 Summons Southerland, #59 Summons Stafford, #60 Summons Stamoulis, #61 Summons Stephens, #62 Summons Swan, #63 Summons Turner, #64 Summons Vaughan, #65 Summons Villane, #66 Summons Walker, #67 Summons Wells, #68 Summons White, #69 Summons Wilcox, #70 Summons Williams, #71 Summons V. Cannon, #72 Summons L. Edwards) (WERMUTH, FREDERICK)

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CIVIL COVER SHEET JS 44 (Rev. 06/17) The JS 44 civil cover sheet and the information contained herein neither replace nor supplement the filing and service of pleadings or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. (SEE INSTRUCTIONS ON NEXT PAGE OF THIS FORM.) I. (a) PLAINTIFFS DEFENDANTS Kirk Nielsen, et al. Ron DeSantis, in his official capacity as Florida Governor (b) County of Residence of First Listed Plaintiff Miami-Dade County County of Residence of First Listed Defendant (EXCEPT IN U.S. PLAINTIFF CASES) NOTE: (c) Attorneys (Firm Name, Address, and Telephone Number) Attorneys (If Known) Frederick S. Wermuth, Esq. King, Blackwell, Zehnder & Wermuth, P.A. 25 E. Pine Street, Orlando, Florida 32801 (407)422-2472 II. BASIS OF JURISDICTION (Place an “X” in One Box Only) 1 2 U.S. Government Plaintiff 3 U.S. Government Defendant 4 (IN U.S. PLAINTIFF CASES ONLY) IN LAND CONDEMNATION CASES, USE THE LOCATION OF THE TRACT OF LAND INVOLVED. III. CITIZENSHIP OF PRINCIPAL PARTIES (Place an “X” in One Box for Plaintiff (For Diversity Cases Only) PTF Citizen of This State 1 Federal Question (U.S. Government Not a Party) Diversity (Indicate Citizenship of Parties in Item III) DEF 1 and One Box for Defendant) PTF DEF Incorporated or Principal Place 4 4 of Business In This State Citizen of Another State 2 2 Incorporated and Principal Place of Business In Another State 5 5 Citizen or Subject of a Foreign Country 3 3 Foreign Nation 6 6 IV. NATURE OF SUIT (Place an “X” in One Box Only) CONTRACT Click here for: Nature of Suit Code Descriptions. TORTS 110 Insurance 120 Marine 130 Miller Act 140 Negotiable Instrument 150 Recovery of Overpayment & Enforcement of Judgment 151 Medicare Act 152 Recovery of Defaulted Student Loans (Excludes Veterans) 153 Recovery of Overpayment of Veteran’s Benefits 160 Stockholders’ Suits 190 Other Contract 195 Contract Product Liability 196 Franchise REAL PROPERTY 210 Land Condemnation 220 Foreclosure 230 Rent Lease & Ejectment 240 Torts to Land 245 Tort Product Liability 290 All Other Real Property PERSONAL INJURY 310 Airplane 315 Airplane Product Liability 320 Assault, Libel & Slander 330 Federal Employers’ Liability 340 Marine 345 Marine Product Liability 350 Motor Vehicle 355 Motor Vehicle Product Liability 360 Other Personal Injury 362 Personal Injury Medical Malpractice CIVIL RIGHTS 440 Other Civil Rights 441 Voting 442 Employment 443 Housing/ Accommodations 445 Amer. w/Disabilities Employment 446 Amer. w/Disabilities Other 448 Education FORFEITURE/PENALTY PERSONAL INJURY 365 Personal Injury Product Liability 367 Health Care/ Pharmaceutical Personal Injury Product Liability 368 Asbestos Personal Injury Product Liability PERSONAL PROPERTY 370 Other Fraud 371 Truth in Lending 380 Other Personal Property Damage 385 Property Damage Product Liability PRISONER PETITIONS Habeas Corpus: 463 Alien Detainee 510 Motions to Vacate Sentence 530 General 535 Death Penalty Other: 540 Mandamus & Other 550 Civil Rights 555 Prison Condition 560 Civil Detainee Conditions of Confinement 625 Drug Related Seizure of Property 21 USC 881 690 Other LABOR 710 Fair Labor Standards Act 720 Labor/Management Relations 740 Railway Labor Act 751 Family and Medical Leave Act 790 Other Labor Litigation 791 Employee Retirement Income Security Act BANKRUPTCY 422 Appeal 28 USC 158 423 Withdrawal 28 USC 157 PROPERTY RIGHTS 820 Copyrights 830 Patent 835 Patent - Abbreviated New Drug Application 840 Trademark SOCIAL SECURITY 861 HIA (1395ff) 862 Black Lung (923) 863 DIWC/DIWW (405(g)) 864 SSID Title XVI 865 RSI (405(g)) FEDERAL TAX SUITS 870 Taxes (U.S. Plaintiff or Defendant) 871 IRS—Third Party 26 USC 7609 IMMIGRATION 462 Naturalization Application 465 Other Immigration Actions OTHER STATUTES 375 False Claims Act 376 Qui Tam (31 USC 3729(a)) 400 State Reapportionment 410 Antitrust 430 Banks and Banking 450 Commerce 460 Deportation 470 Racketeer Influenced and Corrupt Organizations 480 Consumer Credit 490 Cable/Sat TV 850 Securities/Commodities/ Exchange 890 Other Statutory Actions 891 Agricultural Acts 893 Environmental Matters 895 Freedom of Information Act 896 Arbitration 899 Administrative Procedure Act/Review or Appeal of Agency Decision 950 Constitutionality of State Statutes V. ORIGIN (Place an “X” in One Box Only) 1 Original Proceeding 2 Removed from State Court 3 Remanded from Appellate Court 4 Reinstated or Reopened 5 Transferred from Another District 6 Multidistrict Litigation Transfer (specify) Cite the U.S. Civil Statute under which you are filing (Do not cite jurisdictional statutes unless diversity): 8 Multidistrict Litigation Direct File 42 U.S.C. §§1983 and 1988 VI. CAUSE OF ACTION Brief description of cause: Fla. Stat. §§ 101.67(2),101.6103(2),101.64,104.0616 & Postage rqmt. violate U.S.Const. & federal law VII. REQUESTED IN COMPLAINT: VIII. RELATED CASE(S) IF ANY DATE CHECK IF THIS IS A CLASS ACTION UNDER RULE 23, F.R.Cv.P. (See instructions): CHECK YES only if demanded in complaint: Yes No JURY DEMAND: DEMAND $ JUDGE Judge Robert L. Hinkle DOCKET NUMBER 1:20-cv-00067-RH-GRJ SIGNATURE OF ATTORNEY OF RECORD /s/ Frederick S. Wermuth 05/04/2020 FOR OFFICE USE ONLY RECEIPT # AMOUNT APPLYING IFP JUDGE MAG. JUDGE JS 44 Reverse (Rev. 06/17) INSTRUCTIONS FOR ATTORNEYS COMPLETING CIVIL COVER SHEET FORM JS 44 Authority For Civil Cover Sheet The JS 44 civil cover sheet and the information contained herein neither replaces nor supplements the filings and service of pleading or other papers as required by law, except as provided by local rules of court. This form, approved by the Judicial Conference of the United States in September 1974, is required for the use of the Clerk of Court for the purpose of initiating the civil docket sheet. Consequently, a civil cover sheet is submitted to the Clerk of Court for each civil complaint filed. The attorney filing a case should complete the form as follows: I.(a) (b) (c) Plaintiffs-Defendants. Enter names (last, first, middle initial) of plaintiff and defendant. If the plaintiff or defendant is a government agency, use only the full name or standard abbreviations. If the plaintiff or defendant is an official within a government agency, identify first the agency and then the official, giving both name and title. County of Residence. For each civil case filed, except U.S. plaintiff cases, enter the name of the county where the first listed plaintiff resides at the time of filing. In U.S. plaintiff cases, enter the name of the county in which the first listed defendant resides at the time of filing. (NOTE: In land condemnation cases, the county of residence of the "defendant" is the location of the tract of land involved.) Attorneys. Enter the firm name, address, telephone number, and attorney of record. If there are several attorneys, list them on an attachment, noting in this section "(see attachment)". II. Jurisdiction. The basis of jurisdiction is set forth under Rule 8(a), F.R.Cv.P., which requires that jurisdictions be shown in pleadings. Place an "X" in one of the boxes. If there is more than one basis of jurisdiction, precedence is given in the order shown below. United States plaintiff. (1) Jurisdiction based on 28 U.S.C. 1345 and 1348. Suits by agencies and officers of the United States are included here. United States defendant. (2) When the plaintiff is suing the United States, its officers or agencies, place an "X" in this box. Federal question. (3) This refers to suits under 28 U.S.C. 1331, where jurisdiction arises under the Constitution of the United States, an amendment to the Constitution, an act of Congress or a treaty of the United States. In cases where the U.S. is a party, the U.S. plaintiff or defendant code takes precedence, and box 1 or 2 should be marked. Diversity of citizenship. (4) This refers to suits under 28 U.S.C. 1332, where parties are citizens of different states. When Box 4 is checked, the citizenship of the different parties must be checked. (See Section III below; NOTE: federal question actions take precedence over diversity cases.) III. Residence (citizenship) of Principal Parties. This section of the JS 44 is to be completed if diversity of citizenship was indicated above. Mark this section for each principal party. IV. Nature of Suit. Place an "X" in the appropriate box. If there are multiple nature of suit codes associated with the case, pick the nature of suit code that is most applicable. Click here for: Nature of Suit Code Descriptions. V. Origin. Place an "X" in one of the seven boxes. Original Proceedings. (1) Cases which originate in the United States district courts. Removed from State Court. (2) Proceedings initiated in state courts may be removed to the district courts under Title 28 U.S.C., Section 1441. When the petition for removal is granted, check this box. Remanded from Appellate Court. (3) Check this box for cases remanded to the district court for further action. Use the date of remand as the filing date. Reinstated or Reopened. (4) Check this box for cases reinstated or reopened in the district court. Use the reopening date as the filing date. Transferred from Another District. (5) For cases transferred under Title 28 U.S.C. Section 1404(a). Do not use this for within district transfers or multidistrict litigation transfers. Multidistrict Litigation – Transfer. (6) Check this box when a multidistrict case is transferred into the district under authority of Title 28 U.S.C. Section 1407. Multidistrict Litigation – Direct File. (8) Check this box when a multidistrict case is filed in the same district as the Master MDL docket. PLEASE NOTE THAT THERE IS NOT AN ORIGIN CODE 7. Origin Code 7 was used for historical records and is no longer relevant due to changes in statue. VI. Cause of Action. Report the civil statute directly related to the cause of action and give a brief description of the cause. Do not cite jurisdictional statutes unless diversity. Example: U.S. Civil Statute: 47 USC 553 Brief Description: Unauthorized reception of cable service VII. Requested in Complaint. Class Action. Place an "X" in this box if you are filing a class action under Rule 23, F.R.Cv.P. Demand. In this space enter the actual dollar amount being demanded or indicate other demand, such as a preliminary injunction. Jury Demand. Check the appropriate box to indicate whether or not a jury is being demanded. VIII. Related Cases. This section of the JS 44 is used to reference related pending cases, if any. If there are related pending cases, insert the docket numbers and the corresponding judge names for such cases. Date and Attorney Signature. Date and sign the civil cover sheet.

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