Last Updated: September 10, 2010 at 1:39 PM

McCorvey v. Browning

Case Information

Date Filed / Ended: April 7, 2008 / July 13, 2008
State: Florida
Issue: Selection of Presidential Electors
Courts that Heard this Case: U.S. District Court for the Northern District of Florida (Case 4:08-cv-00218)

Issue:

Whether Florida's amendment of statutory Section 103.101, which changed the date of Florida's primary election in violation of the Democratic National Party's rules, violated plaintiff's rights under the first and fourteenth amendments of the constitution.

Status:

Complaint filed 4/7/08. Defendants' Motions to Dismiss and Plaintiff's Motion for Summary Judgment are pending.  Court granted Motion to Dismiss as to the AG but denied it as to the Sec State (7/13).  Motion for Summary Judgment denied (7/13) and case is stayed until after the November elections.

District Court Documents

• COMPLAINT (filed 4/7/08)
• First MOTION to Dismiss by BILL MCCOLLUM (filed 4/15/08)
• ORDER of Deficiency regarding Motion to Dismiss by BILL MCCOLLUM (entered 4/29/08)
• Second MOTION to Dismiss as Corrected by BILL MCCOLLUM (filed 5/1/08)
• NOTICE of Pendency of Other or Prior Similar Actions by KURT BROWNING (filed 5/5/08)
• Consent MOTION to Transfer Case to Tallahassee Division, Northern District of Florida by ELVIN MCCORVEY, KURT BROWNING (filed 5/5/08)
• MOTION to Dismiss by KURT BROWNING (filed 5/5/08)
• RESPONSE in Opposition re MOTION to Dismiss (filed 5/8/08)
• ORDER - GRANTED, CONSENT MOTION TO TRANSFER CASE TO TALLAHASSEE DIVISION (entered 5/9/08)
• MOTION for Summary Judgment PLAINTIFF'S MOTION FOR SUMMARY JUDGMENT (filed 5/13/08)
  • Exhibit ORDER in Nelson v Dean, Case No. 07-427
• MEMORANDUM in Support re MOTION for Summary Judgment (filed 5/13/08)
• Joint MOTION to Reassign Case by ELVIN MCCORVEY (filed 5/14/08)
• MOTION to Expedite Consideration of Plaintiff's Motion for Summary Judgment (filed 5/14/08)
• RESPONSE in Opposition re MOTION for Summary Judgment (filed 5/27/08)
  • Exhibit A: Delegate Selection Rules
  • Exhibit B: Declaration of Kurt Browning
  • Exhibit C: Declaration of Phillip McNamara
• PLAINTIFF'S REPLY BRIEF IN SUPPORT OF MOTION FOR SUMMARY JUDGMENT (filed 5/29/08)
• ORDER REASSIGNING CASE. Case reassigned to CHIEF JUDGE ROBERT L HINKLE for all further proceedings. (entered 6/06/2008)
• ORDER DISMISSING CLAIMS AGAINST ATTORNEY GENERAL, DENYING OTHER MOTIONS, AND STAYING FURTHER PROCEEDINGS (entered 7/13/2008)