Doc.
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Date Docketed
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Description
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Filed by
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Notes
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06/19/2014
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CERTFD JUDGMENT FROM TRIAL COURT
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Jon S. Wheeler BY: Jon S. Wheeler
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06/19/2014
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INITIAL BRIEF-MERITS
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AA Non-Parties BY: AA D. Kent Safriet 174939
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FILED AS INITIAL BRIEF OF NON-PARTIES DATA TARGETING, INC., PAT
BAINTER, MATT MITCHELL, AND MICHAEL SHEEHAN (FILED IN 1DCA ON 5/19/2014)***CONFIDENTIAL PER 1ST DCA ORDER***
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06/19/2014
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ANSWER BRIEF-MERITS
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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FILED AS ANSWER BRIEF OF THE PLAINTIFFS (FILED IN 1DCA ON 5/20/2014)***CONFIDENTIAL PER 1ST DCA ORDER***
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06/19/2014
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ANSWER AMD BRIEF-MERITS
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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FILED AS CORRECTED ANSWER BRIEF OF THE PLAINTIFFS (FILED IN 1DCA ON 5/21/2014)***CONFIDENTIAL PER 1ST DCA ORDER***
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06/19/2014
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REPLY BRIEF-MERITS
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AA Non-Parties BY: AA D. Kent Safriet 174939
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FILED AS REPLY BRIEF OF NON-PARTIES DATA TARGETING, INC., PAT
BAINTER, MATT MITCHELL, AND MICHAEL SHEEHAN (FILED IN 1DCA ON 5/21/2014)***CONFIDENTIAL PER 1ST DCA ORDER***
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06/19/2014
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NOTICE-APPEAL (MISC)
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AA Non-Parties BY: AA D. Kent Safriet 174939
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FILED IN DCA ON 5/14/2014
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06/19/2014
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No Fee Required
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06/20/2014
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ACKNOWLEDGMENT LETTER-NEW CASE
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Supreme Court Of Florida BY: Supreme Court Of Florida
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06/20/2014
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ORDER-HIGH PROFILE
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Because of significant public and media interest in this matter, this case has been designated as a high profile case and all material must be filed through the Florida Courts eFiling Portal. All documents filed will be posted on the Supreme Court web page. Parties are directed to ensure that all documents filed are in compliance with rules 2.420, 2.425 and 2.526 of the Florida Rules of Judicial Administration.
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06/20/2014
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COPY OF THE LOWER TRIBUNAL ORDER/ACTION BEING APPEALED
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AA Non-Parties BY: AA D. Kent Safriet 174939
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(FILED IN 1DCA ON 5/15/14)
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06/20/2014
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APPENDIX-AMENDED-MERIT BRIEF
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AA Non-Parties BY: AA D. Kent Safriet 174939
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FILED AS AMENDED APPENDIX TO INITIAL BRIEF AND REPLY BRIEF OF
NON-PARTIES DATA TARGETING, INC., PAT BAINTER,
MATT MITCHELL, AND MICHAEL SHEEHAN (FILED IN 1DCA ON 5/21/14)***CONFIDENTIAL PER 1ST DCA ORDER***
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06/20/2014
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APPENDIX-MERIT BRIEF
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AE Common Cause Florida BY: AE John S. Mills 107719
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FILED AS APPENDIX TO PLAINTIFFS' ANSWER BRIEF (FILED IN 1DCA ON 5/20/2014) (UNSEALED BY DCA)
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06/20/2014
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APPENDIX-SUPPLEMENTAL-MERIT BRIEF
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AA Non-Parties BY: AA D. Kent Safriet 174939
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FILED AS NOTICE OF FILING UNDER SEAL SUPPLEMENTAL APPENDIX TO
PAT BAINTER, MATT MITCHELL, MICHAEL SHEEHAN, AND DATA
TARGETING, INC.'S EMERGENCY MOTION FOR STAY OF ORDER
REQUIRING DISCLOSURE OF CONSTITUTIONALLY PRIVILEGED
AND TRADE SECRET INFORMATION PENDING FILING AND
RESOLUTION OF A PETITION FOR WRIT OF CERTIORARI (FILED IN 1DCA ON 5/19/2014)***CONFIDENTIAL PER 1ST DCA ORDER***
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06/20/2014
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APPENDIX-MERIT BRIEF
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AA Non-Parties BY: AA D. Kent Safriet 174939
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FILED AS APPENDIX TO INITIAL BRIEF OF NON-PARTIES DATA TARGETING,
INC., PAT BAINTER, MATT MITCHELL, AND MICHAEL SHEEHAN (FILED IN 1DCA ON 5/19/2014) (UNSEALED BY DCA)
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06/24/2014
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ORDER-BRIEF SCHED/JURIS ACCEPTED (CERT JUDGMT)
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The First District Court of Appeal has certified, pursuant to article V, section 3(b)(5), of the Florida Constitution, that the trial court has passed upon a question of great public importance requiring immediate resolution by this Court. See Non-Parties v. League of Women Voters of Fla., 2014 WL 2770013, at *1 (Fla. 1st DCA June 19, 2014). In light of this Court's decision in League of Women Voters of Florida v. Data Targeting, Inc., 39 Fla. L. Weekly S355, 2014 WL 2186202 (Fla. May 27, 2014), which contemplated this Court's eventual exercise of jurisdiction over this case, we accept jurisdiction. The parties are advised that, absent further motion, we are treating as confidential only those filings that were treated as confidential by the First District.
We hereby accept the initial, corrected answer, and reply briefs, as well as the corresponding appendices, filed by the parties in the First District as, respectively, the Appellants' brief on the merits, the Appellees' answer brief on the merits, the Appellants' reply brief on the merits, and the corresponding appendices. We direct that supplemental briefs in this Court shall be filed as follows: Appellants' supplemental brief on the merits shall be filed on or before July 9, 2014; Appellees' supplemental answer brief on the merits shall be filed on or before July 21, 2014; and Appellants' reply brief on the merits shall be filed on or before July 31, 2014.
The supplemental brief on the merits and supplemental answer brief on the merits shall not exceed twenty-five pages. The supplemental reply brief on the merits shall not exceed fifteen pages.
The Clerk of the Circuit Court of the Second Judicial Circuit in and for Leon County, Florida, shall file the original record which shall be properly indexed and paginated on or before July 7, 2014.
The Court will make a determination at a later date as to whether to set oral argument.
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07/09/2014
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SUPP INITIAL BRIEF-MERITS
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AA Non-Parties BY: AA D. Kent Safriet 174939
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FILED AS SUPPLEMENTAL BRIEF OF PAT BAINTER, MATT MITCHELL,
MICHAEL SHEEHAN, AND DATA TARGETING, INC.
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07/11/2014
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MOTION-OTHER SUBSTANTIVE
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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FILED AS THE COALITION PLAINTIFFS' MOTION FOR SANCTIONS (FILED IN 1DCA ON 7/3/14)
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07/11/2014
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RESPONSE
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AE The Florida Senate BY: AE Raoul G. Cantero 552356
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FILED AS THE LEGISLATIVE PARTIES' RESPONSE TO
THE COALITION PLAINTIFFS' MOTION FOR SANCTIONS (FILED IN 1DCA ON 7/7/14)
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07/11/2014
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ORDER-DISTRICT COURT OF APPEAL
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Upon consideration of this court's opinion of June 19, 2014, and the Supreme Court of
Florida's order of June 24, 2014, accepting jurisdiction over this cause, the motion for
sanctions filed July 3, 2014, and any response(s) thereto are transferred to the Supreme
Court of Florida for its consideration and disposition. (Issued by 1DCA on 7/10/14)
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07/11/2014
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RESPONSE
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AA Non-Parties BY: AA D. Kent Safriet 174939
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FILED AS NON-PARTIES' RESPONSE TO THE COALITION PLAINTIFFS' MOTION FOR SANCTIONS
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07/16/2014
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ORDER-DISTRICT COURT OF APPEAL
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Upon consideration of the court's opinion of June 19, 2014, and the Supreme Court of
Florida's order of June 24, 2014, accepting jurisdiction over this cause, the clerk is
directed to forego the issuance of mandate by the court in this cause. See Fla. R. App. P.
9.340(a). (Issued by 1DCA on 7/16/14)
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07/16/2014
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ORDER-SANCTIONS DY
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The Coalition Plaintiffs' Motion for Sanctions is hereby denied.
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07/21/2014
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APPENDIX-SUPPLEMENTAL-MERIT BRIEF
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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SUPPLEMENTAL APPENDIX TO ANSWER BRIEF OF PLAINTIFFS (FILED IN 1DCA ON 5/20/14)****CONFIDENTIAL PER 1ST DCA ORDER****
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07/21/2014
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REQUEST-ORAL ARGUMENT
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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07/21/2014
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SUPP ANSWER BRIEF-MERITS
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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07/21/2014
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MOTION-AMICUS CURIAE
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ME The Associated Press BY: ME Allison Sinclair Lovelady 70662
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07/21/2014
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APPENDIX-SUPPLEMENTAL-MERIT BRIEF
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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FILED AS THIRD SUPPLEMENTAL APPENDIX TO
ANSWER BRIEF OF PLAINTIFFS ****CONFIDENTIAL PER 1DCA ORDER****
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07/21/2014
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APPENDIX-SUPPLEMENTAL-MERIT BRIEF
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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FILED AS SECOND SUPPLEMENTAL APPENDIX TO
PLAINTIFFS' ANSWER BRIEF
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07/22/2014
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ORDER-AMICUS CURIAE GR
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The motion for leave to file brief as amicus curiae filed by The Associated Press; The Bradenton Herald, Inc.; the First Amendment Foundation; The Florida Press Association; the Florida Society of News Editors; Halifax Media Group, LLC; Media General Operations, Inc.; Miami Herald Media Company; Morris Communications Corporation; Orlando Sentinel Communications, LLC; Scripps Media, Inc.; and Sun-Sentinel Company, LLC are hereby granted and they are allowed to file brief only in support of appellees. The brief by the above referenced amicus curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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07/22/2014
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MOTION-AMICUS CURIAE
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ME The Associated Press BY: ME Allison Sinclair Lovelady 70662
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FILED AS MOTION FOR LEAVE OF ADDITIONAL AMICI TO JOIN AMICI CURIAE BRIEF
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07/23/2014
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ORDER-OA SCHED (PREV ACCEPTED)
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The Appellees' request for oral argument is hereby granted. The Court will hear oral argument at 9:00 a.m., Friday, September 19, 2014, subject to reconsideration if the posture of this case is affected by any subsequent developments in the underlying circuit court litigation. A maximum of twenty minutes to the side is allowed for the argument, but counsel is expected to use only so much of that time as is necessary. NO CONTINUANCES WILL BE GRANTED EXCEPT UPON A SHOWING OF EXTREME HARDSHIP.
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07/23/2014
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ORAL ARGUMENT CALENDAR
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07/24/2014
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RESPONSE
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AA Non-Parties BY: AA D. Kent Safriet 174939
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FILED AS NON-PARTIES' RESPONSE IN OPPOSITION TO THE MEDIA'S
REQUEST TO PARTICIPATE AS AMICI CURIAE AND
REQUEST TO CLARIFY JULY 22, 2014 ORDER
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07/25/2014
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ORDER-AMICUS CURIAE GR
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The Motion for Leave of Additional Amici to Join Amici Curiae Brief is hereby granted. The Associated Press; The Bradenton Herald, Inc.; the First Amendment Foundation; The Florida Press Association; the Florida Society of News Editors; Halifax Media Group, LLC; Media General Operations, Inc.; Miami Herald Media Company; Morris Communications Corporation; Orlando Sentinel Communications, LLC; Scripps Media, Inc.; Sun-Sentinel Company, LLC; Gannett Broadcasting, Inc.; and Gannett Co., Inc. are hereby granted, without prejudice to the appellants filing a motion to strike if the amici raises issues beyond those raised on appeal, and the amici curiae are allowed to file one brief only in support of appellees. The brief by the above referenced amici curiae shall be served pursuant to Florida Rule of Appellate Procedure 9.370(c).
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07/25/2014
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MOTION-STRIKE
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AA Non-Parties BY: AA D. Kent Safriet 174939
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FILED AS NON-PARTIES' MOTION TO STRIKE EXTRA-RECORD REFERENCES
AND REQUEST FOR EXTENSION OF TIME TO FILE A REPLY BRIEF (UNSEALED PURSUANT TO LETTER BY NON-PARTIES DATED 7/29/14)
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07/25/2014
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RECORD/TRANSCRIPT
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Hon. Bob Inzer, Clerk BY: Hon. Bob Inzer, Clerk
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****CONFIDENTIAL SEALED BY CIRCUIT COURT****
**UNSEALED BY 12/8/2014 COURT ORDER IN CASE SC14-1905**
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07/28/2014
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EXHIBITS
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Hon. Bob Inzer, Clerk BY: Hon. Bob Inzer, Clerk
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INDEX OF ROMO PLAINTIFFS EXHIBITS (05/16/2014 - 06/04/2014) (4 ENVELOPES, ONE OF WHICH WAS SEALED BY CIRCUIT COURT) (11/25/2014: UNSEALED BY ORDER OF THE COURT)
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07/28/2014
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RECORD/TRANSCRIPT
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Hon. Bob Inzer, Clerk BY: Hon. Bob Inzer, Clerk
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FILED ELECTRONICALLY
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07/28/2014
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EXHIBITS
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Hon. Bob Inzer, Clerk BY: Hon. Bob Inzer, Clerk
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SEALED EXHIBITS FROM NON-JURY TRIAL ON 05/19/2014 (1 ENVELOPE) ***CONFIDENTIAL***
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07/28/2014
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EXHIBITS
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Hon. Bob Inzer, Clerk BY: Hon. Bob Inzer, Clerk
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EXHIBITS FROM NON-JURY TRIAL ON 05/19/2014 (JOINT EXHIBITS-CDS)
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07/28/2014
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EXHIBITS
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Hon. Bob Inzer, Clerk BY: Hon. Bob Inzer, Clerk
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EXHIBITS FROM NON-JURY TRIAL ON 05/19/2014 (PLAINTIFF'S EXHIBITS-CDS)
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07/28/2014
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EXHIBITS
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Hon. Bob Inzer, Clerk BY: Hon. Bob Inzer, Clerk
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EXHIBITS FROM NON-JURY TRIAL ON 05/19/2014 (DEFENDANT'S EXHIBITS-CDS)
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07/29/2014
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RESPONSE
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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FILED AS PLAINTIFFS' RESPONSE TO NON-PARTIES' MOTION TO STRIKE
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07/29/2014
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LETTER
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AA Non-Parties BY: AA Mohammad O. Jazil 72556
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(LETTER TO UNSEAL MOTION TO STRIKE FILED BY THE NON-PARTIES ON JULY 25, 2014) (COPY FILED 7/30/14)
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07/31/2014
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MOTION-TOLL TIME
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AA Non-Parties BY: AA D. Kent Safriet 174939
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07/31/2014
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AMICUS CURIAE ANSWER BRIEF-MERITS
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ME The Associated Press BY: ME Deanna Kendall Shullman 514462
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BRIEF AMICI CURIAE OF THE ASSOCIATED PRESS, THE BRADENTON HERALD, THE FIRST AMENDMENT FOUNDATION, THE FLORIDA SOCIETY OF NEWS EDITORS, GANNETT BROADCASTING, GANNETT CO., HALIFAX MEDIA GROUP, MEDIA GENERAL OPERATIONS, MIAMI HERALD MEDIA COMPANY, MORRIS COMMUNICATIONS, ORLANDO SENTINEL COMMUNICATIONS, SCRIPPS MEDIA, AND SUN-SENTINEL COMPANY IN SUPPORT OF APPELLEES
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07/31/2014
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REQUEST-ORAL ARGUMENT
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ME The Associated Press BY: ME Deanna Kendall Shullman 514462
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07/31/2014
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MOTION-ATTORNEYS FEES
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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FILED AS THE COALITION PLAINTIFFS' RENEWED MOTION FOR APPELLATE ATTORNEY'S FEES AND MOTION FOR REHEARING ON ORDER DENYING MOTION FOR SANCTIONS
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08/04/2014
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ORDER-TOLLING DY
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The appellants have filed a motion to toll the time in which to file their supplemental reply brief based on their pending motion to strike. Upon consideration of the motions and a review of the supplemental briefs, we defer ruling on the motion to strike at this time. We further deny the motion to toll time and direct that the supplemental reply brief is due no later than Friday, August 8, 2014. The appellant may include as a part of the supplemental reply brief additional arguments pertaining to the motion to strike and whether the contested references to the record should be limited or not considered by this Court.
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08/06/2014
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RESPONSE
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AA Pat Bainter BY: AA D. Kent Safriet 174939
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FILED AS NON-PARTIES' RESPONSE IN OPPOSITION TO
PLAINTIFFS' RENEWED MOTION FOR FEES AND FOR
REHEARING ON ORDER DENYING MOTION FOR SANCTIONS
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08/08/2014
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SUPP REPLY BRIEF-MERITS
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AA Pat Bainter BY: AA Mohammad O. Jazil 72556
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08/08/2014
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ORDER-DISTRICT COURT OF APPEAL
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In light of the opinion issued herewith, consideration and disposition of appellees' amended motion for appellate attorney's fees is deferred to the Supreme Court of Florida. Appellants' emergency motion to issue expedited opinion filed May 28, 2014, and appellees' motion for rehearing or, alternatively, to relinquish jurisdiction filed June 6, 2014, are denied as moot. (Issued by 1DCA on 6/19/14)
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08/08/2014
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MAIL RETURNED
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AE Rene Romo BY: Karen Caudill Dyer 716324
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FROM KAREN CAUDELL DYER - ORDER DATED 07/22/2014 (08/11/2014: RESENT TO ADDRESS ON FILE)
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08/08/2014
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MAIL RETURNED
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AE Rene Romo BY: Karen Caudill Dyer 716324
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FROM KAREN CAUDELL DYER - ORDER DATED 07/23/2014 (08/11/14) RESENT TO ADDRESS ON FILE AND ON THE FLORIDA BAR WEBSITE
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08/11/2014
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MOTION-STRIKE
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AA Pat Bainter BY: AA D. Kent Safriet 174939
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MOTION TO STRIKE AMICI'S BRIEF AND RESPONSE IN OPPOSITION TO AMICI'S REQUEST TO PARTICIPATE IN ORAL ARGUMENT
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08/12/2014
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ORDER-STRIKE DY
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The Non-Parties' Motion to Strike is hereby denied without prejudice to this Court considering arguments that its review of the issues raised in this appeal should be limited to the record in place at the time the Non-Parties' notice of appeal was filed.
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08/13/2014
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ORDER-STRIKE DY
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The Non-Parties' Motion to Strike the brief filed by the Media as amici curiae is hereby denied.
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08/13/2014
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ORDER-OTHER SUBSTANTIVE
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The Media, as amici curiae in support of the Appellees, have filed a request to participate in oral argument. The parties are hereby advised that no additional time will be allocated by the Court for oral argument. If the Appellees consent to amici curiae participating in the argument, the Appellees and amici curiae shall agree on the division of time for their argument. The Appellees shall inform the Court no later than September 1, 2014, as to whether amici curiae will participate in the argument and, if so, the agreed-upon division of time.
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08/15/2014
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MOTION-COUNS SUBSTITUTION
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AE Florida House Of Representati BY: AE George N. Meros 263321
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THE FLORIDA HOUSE OF REPRESENTATIVES' UNOPPOSED MOTION FOR SUBSTITUTION OF COUNSEL
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08/18/2014
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ORDER-COUNS SUBSTITUTION GR
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The motion for substitution of counsel filed in the above cause is hereby granted and Matthew J. Carson is hereby substituted for Daniel E. Nordby as counsel for Appellees, The Florida House of Representatives.
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08/29/2014
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NOTICE
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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APPELLEES' NOTICE REGARDING AMICI'S REQUEST TO PARTICPATE IN ORAL ARGUMENT
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09/02/2014
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ORDER-OTHER SUBSTANTIVE
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To assist the Court in considering the trade secret privilege asserted, the Appellants are hereby directed to inform the Court, no later than noon on September 8, 2014, of any specific documents for which they continue to claim trade secret protection. The Appellants shall identify the Bates stamp numbers of any documents that they assert are protected trade secrets, as well as the PDF page numbers of their sealed Supplemental Appendix where these documents are located.
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09/02/2014
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ORDER-OTHER SUBSTANTIVE GR
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Upon further consideration, the motion to participate in oral argument filed by the Media, as amici curiae in support of the appellees, is hereby granted. A maximum of ten minutes has been allocated for the above-mentioned amici's argument and an additional ten minutes for the appellants' response to the amici's argument.
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09/08/2014
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OTHER RESPONSE
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AA Pat Bainter BY: AA D. Kent Safriet 174939
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FILED RESPONSE REQUIRED BY COURT'S SEPTEMBER 2, 2014 ORDER AND
MOTION TO ENSURE PROTECTION OF PRIVILEGED DOCUMENTS
DURING SEPTEMBER 19, 2014 ORAL ARGUMENT
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09/10/2014
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NOTICE-SUPPLEMENTAL AUTHORITY
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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09/11/2014
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ORDER-OTHER SUBSTANTIVE
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The Non-Parties' Motion to Close the Courtroom During Oral Argument is hereby denied. The Court is cognizant of the fact that the challenged documents are currently under seal and their contents have been treated as confidential during these proceedings, unless and until the Court orders otherwise.
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09/19/2014
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NOTICE-SUPPLEMENTAL AUTHORITY
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AA Non-Parties BY: AA D. Kent Safriet 174939
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NON-PARTIES' NOTICE OF SUPPLEMENTAL AUTHORITY
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09/19/2014
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ORDER-SUPP AUTHORITY STRICKEN
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Non Parties' Notice of Supplemental Authority does not comply with Florida Rule of Appellate Procedure 9.225 and is hereby stricken as it does not contain a copy of the cited authorities.
Non Parties' Corrected Notice of Supplemental Authority was filed with this Court on September 19, 2014.
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09/19/2014
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NOTICE-SUPPLEMENTAL AUTHORITY
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AA Non-Parties BY: AA D. Kent Safriet 174939
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NON-PARTIES' CORRECTED NOTICE OF SUPPLEMENTAL AUTHORITY
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09/19/2014
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ORAL ARGUMENT HELD
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09/26/2014
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NOTICE-SUPPLEMENTAL AUTHORITY
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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09/26/2014
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NOTICE-RELATED CASE(S)
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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09/26/2014
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NOTICE
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AA Non-Parties BY: AA D. Kent Safriet 174939
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FILED AS NON-PARTIES' NOTICE OF CLARIFICATION
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10/02/2014
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MOTION-BRIEF SUPPLEMENTATION
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AA Non-Parties BY: AA D. Kent Safriet 174939
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10/03/2014
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RESPONSE
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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FILED AS PLAINTIFFS' RESPONSE TO NON-PARTIES' MOTION FOR LEAVE TO FILE SUPPLEMENTAL BRIEFS
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10/10/2014
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ORDER-BRIEF SUPPLEMENTATION DY
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The non-parties' motion for leave to file supplemental briefs seeking to raise new issues not previously raised in the trial court or discussed in the briefs on appeal is hereby denied.
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11/13/2014
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ORDER-OTHER SUBSTANTIVE
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Pursuant to the opinion of this Court issued November 13, 2014, the Clerk of the Court is hereby directed, upon the finality of the opinion, to unseal all portions of the record in this case that are currently under seal, including the appellate briefs and appendices containing the sealed trial transcript and disputed documents.
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11/13/2014
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DISP-AFFIRMED
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Accordingly, we affirm the trial court's ruling requiring production of the 538 pages of disputed documents. For all these reasons, and in accordance with the overriding public interest in openness to judicial proceedings and records, we direct that the sealed portions of the trial transcript, as well as the sealed documents themselves, should be and hereby are ordered unsealed. It is so ordered.
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11/18/2014
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MOTION-STAY (USSC APPLICATION REVIEW)
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AA Michael Sheehan BY: AA D. Kent Safriet 174939
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FILED AS MOTION FOR STAY OF MANDATE PENDING FILING AND RESOLUTION OF A PETITION FOR WRIT OF CERTIORARI
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11/20/2014
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RESPONSE
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AE League of Women Voters of Florida BY: AE John S. Mills 107719
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FILED AS PLAINTIFFS' RESPONSE IN OPPOSITION TO MOTION FOR STAY OF MANDATE PENDING FILING AND RESOLUTION OF A PETITION FOR WRIT OF CERTIORARI
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11/20/2014
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ORDER-STAY PROCEEDINGS USSC GR
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The Appellants' Motion for Stay of Mandate Pending Filing and Resolution of a Petition for Writ of Certiorari is granted in part. The Court hereby stays the issuance of its mandate for 10 days from the date of this order to allow the Appellants to seek review in the Supreme Court of the United States and obtain any further stay from that Court. The Appellants having not filed a motion for rehearing, the Court's November 13, 2014, opinion is hereby final. No further stay will be granted by the Court.
Unless a stay is issued by the Supreme Court of the United States, the sealed documents and record shall be unsealed at 3 p.m. on Monday, December 1, 2014. I agree with granting a limited stay of this Court's mandate to provide the Appellants with an opportunity to seek a stay from the United States Supreme Court. I note, however, that the Appellants' motion to stay strikes me as consistent with the entire way they have litigated this case, including the belated assertion of a qualified First Amendment privilege almost as an afterthought in their months-long efforts to avoid production of the subject documents. Even their assertion that waiver of a qualified First Amendment privilege is governed by federal law was itself waived by the Appellants' failure to even raise that issue until oral argument in this case and, for that reason, was summarily rejected. A week ago, this Court ruled that, through the Appellants' actions during the entire course of the discovery dispute, they have waived any First Amendment privilege. I fail to see any federal question as a basis for obtaining certiorari review in the Supreme Court. This Court clearly held that the Appellants' objections to producing the documents were waived and that this holding "constitutes an adequate and independent basis under Florida law to reject [their] First Amendment challenge to the trial court's rulings requiring production of the documents." Bainter v. League of Women Voters of Fla., No. SC14-1200, 2014 WL 5856169, at *16 (Fla. Nov. 13, 2014). It is only out of deference to the United States Supreme Court that I concur in granting a limited stay of an additional 10 days before this Court unseals the documents and the trial testimony of Pat Bainter. This Court has unanimously concluded that the documents and testimony must be unsealed, and the public's right to view these materials that the trial court relied on in rendering its final judgment has been delayed long enough.
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11/21/2014
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MISC. DOCKET ENTRY
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AA Data Targeting, Inc. BY: AA D. Kent Safriet 174939
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COPY OF EMERGENCY APPLICATION FOR STAY OF THE FLORIDA SUPREME COURT'S DECISION REQUIRING DISCLOSURE OF MATERIAL PROTECTED BY THE FIRST AMENDMENTS ASSOCIATIONAL PRIVILEGE AT 3 P.M. ON NOVEMBER 20, 2014
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11/21/2014
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USSC CERTIORARI
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14A539
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ORDER DENYING MOTION TO STAY RELEASE OF RECORDS IN THE FSC
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11/24/2014
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ORDER-SHOW CAUSE (MISC)
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In light of the United States Supreme Court's November 21, 2014, denial of the Appellants' motion to stay, and the widespread public dissemination of the documents under seal of the Court, the Appellants are hereby ordered to show cause by noon tomorrow, November 25, 2014, why this Court should not vacate its November 20, 2014, stay order; issue its mandate; and immediately unseal the confidential filings, including the trial testimony of Pat Bainter, as of 3 p.m. tomorrow, November 25, 2014.
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11/25/2014
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ORDER-OTHER SUBSTANTIVE
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No response to the Court's November 24, 2014, order to show cause having been filed, the stay ordered by the Court on November 20, 2014, is hereby lifted. The mandate shall issue immediately. The Clerk of the Court is hereby directed to immediately unseal all portions of the record in this case that are currently under seal, pursuant to the November 13, 2014, opinion of the Court.
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11/25/2014
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MANDATE
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CC: COUNSEL (12/09/2014: AMENDED TO REFLECT CIRCUIT COURT INSTEAD OF DISTRICT COURT)
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12/12/2014
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ORDER-ATTY FEES DY (J/M/O)
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The "Coalition Plaintiffs' Renewed Motion for Appellate Attorney's Fees and Motion for Rehearing on Order Denying Motion for Sanctions," dated July 31, 2014, is denied.
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04/26/2016
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EXHIBITS RETURNED
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Hon. Bob Inzer, Clerk BY: Hon. Bob Inzer, Clerk
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EXHIBITS FROM NON-JURY TRIAL ON 05/19/2014 (DEFENDANT'S EXHIBITS-CDS), EXHIBITS FROM NON-JURY TRIAL ON 05/19/2014 (PLAINTIFF'S EXHIBITS-CDS), EXHIBITS FROM NON-JURY TRIAL ON 05/19/2014 (JOINT EXHIBITS-CDS)
SEALED EXHIBITS FROM NON-JURY TRIAL ON 05/19/2014 (1 ENVELOPE) ***CONFIDENTIAL*** (HAND DELIVERED)
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