DIAZ v. COBB

No. 04-22572-CIV-KING.

475 F.Supp.2d 1270 (2007)

Emma Yaiza DIAZ; John A. Lanman; American Federation of Labor and Congress of Industrial Organizations; American Federation of State, County and Municipal Employees, AFL-CIO; Florida Public Employees Council 79, AFSCME, AFL-CIO; and Service Employees International Union, Plaintiffs, v. Sue M. COBB, Secretary of State of Florida; Brenda Snipes, Broward County Supervisor of Elections; Jerry Holland, Duval County Supervisor of Elections; Lester Sola, Miami-Dade Supervisor of Elections; Bill Cowles, Orange County Supervisor of Elections; and Arthur Anderson, Palm Beach County Supervisor of Elections, Defendants.

United States District Court, S.D. Florida, Miami Division.

February 27, 2007.


Attorney(s) appearing for the Case

Mary Jill Hanson, Esq., Hanson, Perry & Jensen, P.A., West Palm Beach, FL, Judith A. Browne, Esq., Sheila Y. Thomas, Esq., Elizabeth Westfall, Esq., Advancement Project, Elliot Mineberg, Esq., People for the American Way Foundation, Judith A. Scott, Esq., John J. Sullivan, Esq., Jonathan P. Hiatt, Esq., AFL-CIO, Washington, D.C. Michael Halberstam, Esq., Adam Skaggs, Esq., Paul Weiss, New York City, Manny Anon, Jr., Esq., Florida Public Employees Council 79, Tallahassee, FL, for Plaintiffs.

Jeffrey Paul Ehrlich, Oren Rosenthal, Miami-Dade County Attorney's Office, Daniel S. Fridman, AUSA, Juan C. Enjamio, Esq., Hunton & Williams LLP, Miami, FL, George N. Meros, Jr., Peter Antonucci, Esq., Gray Robinson, P.A., Richard Perez, General Counsel Department of State The Capitol, Ronald A. Labasky, Esq., Landers & Parsons, P.A., Tallahassee, FL, Eddie G. Labrador, Esq., Broward County Assistant Attorney, Burnadette Norris-Weeks, Esq., Burnadette Norris-Weeks, P.A., Mike Cirullo, Esq., Orange County Attorney's Office, Matthew Cohen, Esq., Broward County Attorney's Office, Fort Lauderdale, FL, Tracey I. Arpen, Jr., Esq., Ernst D. Mueller, Esq., Deputy General Counsel Duval County, Jacksonville, FL, Leon St. John, Esq., Palm Beach County Attorney's Office, West Palm Beach, FL, for Defendants.


ORDER ON MOTION TO DISMISS

JAMES LAWRENCE KING, District Judge.

This Cause is before the Court upon Defendants' Motions to Dismiss the Third Amended Complaint (DE # 176, 177, 178, 179), filed August 14, 2006.1

I. Factual Background

Individual Plaintiffs Diaz and Lanman registered to vote in the fall of 2004. Plaintiff Diaz was informed orally on October 6, 2004, and in writing two days later, that...

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