Last Updated: September 10, 2010 at 1:40 PM

DiMaio v. Democratic National Committee

Case Information

Date Filed / Ended: August 30, 2007 / March 3, 2009
State: Florida
Issues: Primary Election Dates, Selection of Presidential Electors
Courts that Heard this Case: U.S. District Court, Middle District of Florida (Case 8:07-cv-01552, 8:08-cv-00672); U.S. Eleventh Circuit Court of Appeals (Case 07-14816, 08-13241)

Issue:

Whether the Democratic National Committee violated federal law or national party rules by deciding to take away Florida's votes in the national presidential nominating convention, as a result of the State moving its primary election up to January 29, 2008.

Status:

Judgment in favor of the DNC on 5/29/08. Notice of Appeal to the 11th Circuit Court of Appeals filed on 6/4/08.  Case was dismissed for lack of prosecution on 7/11/08, reinstated on 8/14/08. Appellant brief filed on 8/14/08.  Appellee brief filed on 9/19/08. Order Dismissing/Vacating and Remanding entered 1/30. CASE CLOSED - Mandate Issued 3/3.

Case Summary

In this case, Hillsborough County Democratic Executive Committee member Victor DiMaio has brought a declaratory judgment action against the Democratic National Committee (DNC) to determine whether the DNC violated federal law or national party rules when it decided to take away Florida's votes in the national presidential nominating convention. The DNC made this determination as a result of the State of Florida's decision to move its primary election to January 29, 2007. DNC rules prohibit states from having their presidential primary elections earlier than the first Tuesday in February, with specific exceptions for New Hampshire, Iowa, Nevada, and South Carolina. The complaint seeks a determination that the DNC's decision violates Article II and the 14th Amendment of the U.S. Constitution. Alternatively, the plaintiff asks the Court to determine whether the National Democratic Party and the State Democratic Party may implement an alternative Party-run delegate selection system which does not conflict with the National Party rules.

Appellate Court Documents (second appeal)

• E-CIP Filed (filed 6/16/08)
• Certificate of Interested Persons (filed 7/8/08)
• DIS-2 (Letter to district court enclosing dismissal order) issued (filed 7/11/08)
• Pursuant to the 11th Cir.R.42-1(b), this appeal is dismissed for want of prosecution because the appellant failed to file a Transcript Order Form within the time fixed by the rules.(filed 7/11/08)
• CASE CLOSED - no prosecution (filed 7/11/08)
• E-Brief Tendered: Appellant by Michael A. Steinberg (filed 7/21/08)
• Motion to Reinstate Appeal.: (Atty: Michael A. Steinberg) (filed 7/23/08)
• Amended Motion to Reinstate Appeal: (Atty: Michael A. Steinberg)  (filed 7/25/08)
• Notice of Transcript Filing Record from Ct. Rptr. (filed 7/28/08)
• Reinstatement letter issued (entered 8/14/08)
• Appellant Brief Filed (filed 8/14/08)
• Record Excerpts (filed 8/14/08)
• Certificate of Readiness (9/2/08)
• Over the Phone Extension to File Appellee's Brief Granted Until 9/22/2008 (filed 9/8/08)
• 7-Day Confirmation Letter for Appellee's Brief until 09/22/08. (filed 9/12/08)
• E-Brief Tendered by Appellee (filed 9/19/08)
• Attorney Changed for: Democratic National Committee From: Joseph E. Sandler (202) 479-1111 sandler@sandlerreiff.com To: Giddings, Katherine Eastmoore (filed 9/23/08)
• Record on Appeal (filed 9/26/08)
• Exhibits (filed 9/26/08)
• Supplemental Appellant letter Brief (filed 1/2/09)
• Supplemental Appellee letter Brief (filed 1/5/09)
• Opinion Issued DISMISSED/VACATED & REMANDED  (1/30/09)
• CASE CLOSED - Mandate Issued (entered 3/3/09)

District Court Documents (refiled action)

• Complaint (filed 4/8/08)
  • Exhibit A
  • Exhibit B
  • Exhibit C
• MOTION for summary judgment by Victor DiMaio
  • Exhibit A
  • Exhibit B
• STATEMENT of undisputed facts by Victor DiMaio (filed 4/29/08)
• MOTION to expedite by Victor DiMaio (filed 4/29/08)
• ORDER ATTACHED granting Plaintiff's Motion to Expedite Scheduling of Hearing on Plaintiff's Motion for Summary Judgment. Defendant shall file a response to the Motion for Summary Judgment on or before 5/13/08. (entered 4/29/08)
• NOTICE OF HEARING on Plaintiff's Motion for Summary Judgment. Hearing set for 5/28/2008 at 09:30 AM in Courtroom 15 B before Judge Richard A. Lazzara. (entered 4/29/08)
• Cross MOTION for summary judgment and Memorandum of Law in Support Thereof (filed 5/1/08)
  • Declaration of Philip McNamara
• MOTION to transfer case (filed 5/8/08)
• ORDER ATTACHED denying without prejudice Motion to Transfer Case (entered 5/8/08)
• RESPONSE in opposition re MOTION for summary judgment and Incorporated Memorandum of Law (filed 5/13/08)
• Minute Entry. Proceedings held before Judge Richard A. Lazzara: Motion Hearing held on 5/28/2008 re MOTION for summary judgment filed by Democratic National Committee. (filed 5/28/08)
• Pursuant to the direction of the Court on the record in the hearing held this date the FINAL ORDER shall be filed in this case. (filed 5/28/08)
• ORDER ATTACHED denying Plaintiff's Motion for Summary Judgment and granting Defendant's Motion for Summary Judgment. (filed 5/28/08)
• JUDGMENT in favor of Democratic National Committee against Victor DiMaio. (Entered: 05/29/2008)
• NOTICE OF APPEAL (Entered: 06/04/2008)

Appellate Court Documents (first appeal)

• Appellant Brief (filed 10/29/07)
• Appellee Brief - Democratic National Committee (filed 11/27/07)
• Appellee Brief - Florida Democratic Party (11/27/07)
• Motion to Expedite (filed 1/7/08)
• Appellant's Motion to Expedite Appeal is GRANTED (entered 1/11/08)
• Oral Argument Scheduled: 04/15/08
• Oral Argument Rescheduled: 3/17/08
• Argued: 3/17/08
• Opinion (entered 3/21/08)
• Motion to Shorten Time for Issuance of Mandate (3/27/08)
• Aplt's motion to shorten time for issuance of mandate is GRANTED. The Clerk of Court is directed to issue the mandate instanter (4/4/08)
• CASE CLOSED-Mandate Issued (entered 4/4/08)

District Court Documents (original action)

• Complaint (filed 8/30/07)
  • Exhibit A
• MOTION for summary judgment and Memorandum of Law in Support Thereof (filed 9/5/07)
• ORDER ATTACHED denying Motion for summary judgment (entered 9/5/07)
• MOTION to dismiss Complaint for Declaratory Relief and Memorandum of Law in Support Thereof (filed 9/25/07)
• MOTION to dismiss Complaint by Florida Democratic Party (filed 9/25/07)
• RESPONSE to motion re MOTION to dismiss Complaint for Declaratory Relief and Memorandum of Law in Support Thereof, MOTION to dismiss Complaint (filed 9/26/07)
  • Exhibit A
• ORDER ATTACHED denying Plaintiff's Motion for Summary Judgment without prejudice to being renewed depending on the Court's disposition of Defendants' motions to dismiss (entered 9/26/07)
• ORDER ATTACHED granting Defendants' motions to dismiss the complaint (entered 10/5/07)
• JUDGMENT in favor of Democratic National Committee, Florida Democratic Party against Victor DiMaio (entered 10/9/07)
• NOTICE OF APPEAL as to Judgment by Victor DiMaio (filed 10/10/07)
• MOTION to dismiss Case without Prejudice with Leave to Amend (filed 3/24/08)
  • Amended Complaint for Declaratory and Injunctive Relief
  • Exhibits A, B
• ORDER ATTACHED denying without prejudice Motion for Entry of Order Dismissing Case without Prejudice with Leave to Amend (entered 3/24/08)
• MANDATE of USCA as to Notice of appeal filed by Victor DiMaio, affirmed in part, vacated in part, and remanded (filed 4/7/08)
• ORDER ATTACHED, on mandate of the 11th Circuit, amending the Court's October 5, 2007 order and vacating the Clerk's October 9, 2007 judgment (filed 4/8/08)

Related Links

• Florida Democrats demand DNC recognition of primary, Tallahassee Democrat (9/2/07)
• Activist sues over loss of delegates, Miami Herald (8/30/07)