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

Florida State Conference of the NAACP v. Browning

Case Information

Date Filed / Ended: September 17, 2007 / March 1, 2010
State: Florida
Issue: Voter ID
Courts that Heard this Case: U.S. District Court, Northern District of Florida (Tallahassee) (Case 4:07-cv-00402); U.S. Court of Appeals for the 11th Circuit (Case 07-15932)

Issue:

Whether Florida's requirement that the driver's license or Social Security number on a registration form be verified before a voter can be registered to vote.

Status:

Decision by 11th Circuit reversing grant of preliminary injunction and remanding for futher proceedings issued on 4/3/08.  Motion for Preliminary Injunction was denied on 6/24/08. Case referred to mediation on 2/12/09.  Mediation report due 7/13/09.  Bench Trial set for 9/21/09.  Order of Dismissal 3/1/10.

District Court Documents

• Complaint (filed 9/17/2007)
• Plaintiffs' Motion for Preliminary Injunction and Memo in Support (filed 9/17/2007)
• Plaintiffs' Motion for Expedited Discovery (Exhibits A-C ) (filed 9/17/2007)
• Defendant's Response to Motion for Expedited Discovery (Exhibits A-K ) (filed 9/20/2007)
• Plaintiffs' First Amended Complaint (filed 9/21/2007)
• MOTION to Dismiss (filed 10/9/07)
  • Exhibits A, B, C, D
• MOTION for Protective Order (filed 10/11/07)
  • Exhibit: Proposed Protective Order
• RESPONSE in Opposition re MOTION for Protective Order (filed 10/16/07)
• ORDER granting Joint Motion for Protective Order (entered 10/23/07)
• MOTION for Protective Order (filed 10/25/07)
  • Exhibits A, B, C
• MEMORANDUM in Opposition re MOTION to Dismiss (filed 10/26/07)
• MOTION for Hearing re MOTION for Protective Order (filed 10/29/07)
• ORDER granting Defendant's Motion for an Hearing on Defendant's Motion for a Protective order. The hearing will be held as soon as possible by a telephone conference call. My courtroom deputy clerk will contact the parties to schedule the hearing. (entered 10/29/07)
• MEMORANDUM in Opposition re MOTION for Protective Order (filed 10/29/07)
  • Exhibits A, B, C
• MOTION to Compel (filed 10/29/07)
• ORDER deferring ruling on Defendant's Motion to Compel. This motion seems to raise very simple issues that should have been amicably resolved. Either Plaintiffs have evidence of past, present, or future harm, or they do not, but may find such evidence in discovery. Defendants shall be prepared to argue in response to this motion at the hearing today at 3:30 p.m. (entered 10/30/07)
• MOTION to Compel Production of Documents by Non-Parties (filed 10/30/07)
  • Exhibits 1, 2, 3, 4
• ORDER: Motion for Protective Order is denied; Motion to Compel is granted; Motion to Compel is granted (entered 10/30/07)
• REPLY to Response to Motion re MOTION to Dismiss (filed 11/12/07)
• AFFIDAVIT re MOTION for Preliminary Injunction and Supplemental Evidentiary Submission in Support (filed 11/14/07)
  • Exhibits: A-D, E-H, I-W, X-Y, Z, AA
• MEMORANDUM in Support re MOTION for Preliminary Injunction and Supplemental Evidentiary Submission (filed 11/14/07)
  • Appendix 1, Appendix 2, Appendix 3, Appendix 4A
• RESPONSE in Opposition re MOTION for Preliminary Injunction (filed 11/21/07)
  • Exhibits: A, B, C (attachments 1-7 & 8-14), D
• REPLY to Response to Motion re MOTION for Preliminary Injunction (filed 12/6/07)
• AFFIDAVIT in Support re MOTION for Preliminary Injunction (filed 12/6/07)
  • Exhibits 1, 2, 3, 4, 5
• RESPONSE in Opposition re MOTION for Preliminary Injunction (by Browning) (filed 12/10/07)
  • Exhibits: A, B
• RESPONSE re Response in Opposition to Motion (Plaintiff's Objection) (filed 12/10/07)
• RESPONSE in Support re MOTION for Preliminary Injunction (Objection to Hill Declaration and Deposition Designations) (filed 12/12/07)
  • Exhibits A, B (parts 1, 2, 3)
• RESPONSE in Support re MOTION for Preliminary Injunction (Designations Regarding Standing) (filed 12/12/07)
  • Exhibits A, B, C (parts 1 & 2), D
• RESPONSE in Support re MOTION for Preliminary Injunction Supplemental Brief Concerning Standing (filed 12/13/07)
  • Exhibits A, B, C, D, E
• RESPONSE in Opposition re MOTION for Preliminary Injunction (In Support of Hill Declaration) (filed 12/14/07)
  • Exhibit A
• REPLY to Response to Motion re MOTION for Preliminary Injunction Supplemental Brief Concerning Standing (filed 12/14/07)
• ORDER granting Motion for Preliminary Injunction and granting in part and denying in part Motion to Dismiss; motion to dismiss granted as to Counts Five and Six (entered 12/18/07)
• ORDER re Response in Opposition to Motion for Preliminary Injunction filed by KURT S BROWNING challenging Plaintiffs' standing to bring this lawsuit; Plaintiffs have demonstrated standing (entered 12/18/07)
• NOTICE OF APPEAL as to Order on Motion to Dismiss, Order on Motion for Preliminary Injunction (filed 12/19/07)
• MOTION to Stay re Order on Motion to Dismiss, Order on Motion for Preliminary Injunction and request for expedited treatment (filed 12/20/07)
• RESPONSE in Opposition re MOTION to Stay Order on Motion to Dismiss (filed 12/21/07)
• ORDER denying Motion to Stay the preliminary injunction pending appeal (filed 12/26/07)
• MOTION for Preliminary Injunction (Renewed) and Motion for Scheduling Order for Resolution of Same and Incorporated Memorandum of Law Concerning Scheduling (filed 4/15/08)
• RESPONSE in Opposition re MOTION for Preliminary Injunction (filed 4/15/08)
• ORDER SETTING BRIEFING SCHEDULE - Plaintiff's Brief due by 5/5/2008, Defendant's Response due by 5/19/2008), and Evidentiary Hearing set for 6/6/2008 at 10:00 AM in Gainesville before JUDGE STEPHAN P MICKLE (entered 4/24/08)
• MEMORANDUM in Support re MOTION for Preliminary Injunction, MOTION for Preliminary Injunction (Renewed) and Motion for Scheduling Order for Resolution of Same and Incorporated Memorandum of Law Concerning Scheduling; Supplemental Memorandum of Law In Support of Plaintiffs' Motion for Preliminary Injunction (filed 5/5/08)
• ATTORNEY TIME RECORDS by FLORIDA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT, HAITIAN AMERICAN GRASSROOTS COALITION (filed 5/15/08)
• ATTORNEY TIME RECORDS - SEALED PORTION by FLORIDA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, SOUTHWEST VOTER REGISTRATION EDUCATION PROJECT, HAITIAN AMERICAN GRASSROOTS COALITION (filed 5/15/08)
• MEMORANDUM in Opposition re MOTION for Preliminary Injunction filed by KURT S BROWNING (filed 5/19/08)
  • Declaration of Sarah Jane Bradshaw and Attachment
• RESPONSE in Opposition re Emergency MOTION to Compel Depositions (filed 5/26/08)
• ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE WILLIAM C SHERRILL, JR notified that action is needed Re: Response in Opposition to Emergency MOTION to Compel Depositions. (Entered: 05/26/2008)
• ORDER granting Motion to Compel. The deposition may be set for a reasonable time and place at some time before the hearing, hopefully by agreement of the parties. The manner in which the information learned from the deposition may be relevant will be determined by Judge Mickle at the hearing. (Entered: 05/28/2008)
• AFFIDAVIT regarding Memorandum in Support of Motion (filed 6/5/08)
  • Exhibit 1 (filed 6/5/08)
  • Exhibit 2 (filed 6/5/08)
  • Exhibit 3 (filed 6/5/08)
  • Exhibit 4 (filed 6/5/08)
  • Exhibit 5 (filed 6/5/08)
  • Exhibit 6 (filed 6/5/08)
  • Exhibit 7 (filed 6/5/08)
  • Exhibit 8 (filed 6/5/08)
  • Exhibit 9 (filed 6/5/08)
  • Exhibit 10 (filed 6/5/08)
  • Exhibit 11 (filed 6/5/08)
  • Exhibit 12 (filed 6/5/08)
  • Exhibit 13 (filed 6/5/08)
  • Exhibit 14 (filed 6/5/08)
  • Exhibit 15 (filed 6/5/08)
• NOTICE of Designation of Deposition Testimony of Sarah Jane Bradshaw (filed 6/5/08)
• Notice of Filing sealed exhibits. (filed 06/06/2008)
• NOTICE of Legislative Amendment (filed 6/10/08)
  • Exhibit (filed 6/10/08)
• Proposed Findings of Fact by FLORIDA STATE CONFERENCE OF THE NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE (filed 6/16/08)
• NOTICE of Filing Proposed Order (filed 6/16/08)
• ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE STEPHAN P MICKLE notified that action is needed Regarding Proposed Findings of Fact and Notice of Filing Proposed Order. (filed 6/23/08)
• ORDER denying Motion for Preliminary Injunction and Renewed Motion for Preliminary Injunction (entered 6/24/08)
• REPORT of Rule 26(f) Planning Meeting (entered 12/5/08)
• Notice of Appearance by Glenn T. Burhans, Jr. on behalf of the Florida State Conference of the NAACP (entered 2/12/09)
• SCHEDULING ORDER FOR DISCOVERY, MEDIATION AND TRIAL entered pursuant to Report of Rule 26(f) Planning Meeting - Discovery due by 6/1/2009; Dispositive Motions to be filed by 6/19/2009; Mediation Report due by 7/13/2009; Bench Trial set for 9/21/2009 at 08:30 AM in Tallahassee before JUDGE STEPHAN P MICKLE.  Case referred to Mediation. (entered 2/12/09).
• Plaintiff's Motion for Clarification of Scheduling Order (filed 3/19/09)
• Secretary of State's Response to Plaintiff's Motion for Clarification (filed 3/23/09)
• Plaintiffs' Supplemental Memorandum in Support of Motion for Clarification of Scheduling Order (filed 3/23/09)
• Response to Memo in Support of Motion (filed 3/30/09)
• Order Granting Motion for Extension of Time (entered 3/30/09)
• Joint Notice of Mediation (filed 5/15/09)
• Joint Motion to Revise Pretrial Schedule (filed 5/15/09)
  • Motion Granted (entered 5/18/09)
    • Discovery deadline remains June 1, 2009.
    • Parties may take depositions between June 15, 2009.
    • The deadline for third-party discovery is July 1, 2009.
    • The deadline for all other discovery remains at June 1, 2009.
    • Mediation must begin no later than July 15, 2009.
    • Dispositive motions shall be filed on or before July 20, 2009.
• Joint Motion for Stay (filed 6/11/09)
• Order Granting 90-day Stay (entered 6/15/09)
• PreTrial Order (entered 8/28/09)
• Joint Motion for Extension of Stay (filed 9/14/09)
  • Order Granting Motion for Extension of Stay (entered 9/15/09)
• Order for Mediation (entered 12/17/09)
• Order. Mediation was held in this case on January 28, 2010. The parties negotiated in good faith for seven hours but were unable to reach settlement. The Clerk is directed to notify Chief Judge Mickle that mediation ended in impasse. (entered 2/1/10)
• Order. Since I conducted mediation in this case, I RECUSE myself from all further proceedings. The clerk is DIRECTED to assign this case to another magistrate judge as referral judge. (entered 2/1/10)
• MAGISTRATE JUDGE ALLAN KORNBLUM added. (entered 2/2/10)
• Pretrial Order (entered 2/8/10)
• Notice of Dismissal with Prejudice (entered 2/26/10)
• Order of Dismissal (entered 3/1/10)

Appellate Court Documents

• Motion to Expedite (filed 12/26/07)
• Emergency Motion for Stay of Preliminary Injunction Pending Appeal (filed 12/26/07)
• Response to Motion for Emergency Stay of Preliminary Injunction & Motion to Expedite Appeal (filed 12/26/07)
• Motion to Expedite: is GRANTED IN PART... Appellant's motion for stay of the preliminary injunction pending appeal is DENIED (entered 12/27/07)
• Argument Scheduled for 1/18/08 (entered 1/3/08)
• Appellant Brief (filed 1/7/08)
• Appellee Brief (filed 1/10/08)
• Reply Brief by Appellant (filed 1/15/08)
• Argued 1/18/08
• Supplemental Authority for Appellant (filed 1/28/08)
• Opinion Issued AFFIRMED/REVERSED & REMANDED (filed 4/3/08)
• CASE CLOSED-Mandate Issued (entered 5/5/08)
• Mandate Issued (entered 5/5/08)

Related Links

• Appeals Court: Florida can enforce anti-voter fraud law for now, Herald Tribune (FL) (4/3/08)
• Florida State Conference of the NAACP v. Browning, Brennan Center Press Release (9/17/2007)
• Voters barred over glitches sue Florida, Miami Herald (12/11/07)