Good News: Judge Denies FDLE’s Motion to Stay
The Judge in the Internet Identifier case has DENIED FDLE’s request to stay the proceedings in the Internet Identifier.
The FDLE had filed a motion to stay the proceedings and halt discovery in the Internet identifier case, on the grounds that the Florida Legislature had filed a bill to amend the Internet Identifier requirement and because there was a Supreme Court case pending on the subject of “Internet”.
The attorneys representing the registrants argued that Bills have a very low likelihood of becoming law, even if it did become law the new law would still fail Constitutional muster and Packingham (the SCOTUS case) has nothing to do with the issue at hand. Their pleadings were strongly supported by case precedent and well argued.
The Judge agreed and the case proceeds! A copy of the Docket Text appears below:
ORDER DENYING A STAY AND SETTING THE SCHEDULING ON PENDING MOTIONS. The defendant’s motion to stay of proceedings, ECF No. [46], is denied. The defendant’s motion, ECF No. [47], to extend the deadline to respond to the plaintiffs’ summary-judgment motion is granted. The deadline is extended to 3/10/2017. By a separate notice, the clerk must set a summary-judgment hearing for the week of April 10, 2017. The plaintiffs’ motion, ECF No. [48], to extend the deadline to respond to the motion to stay is granted. The response as filed on February 18 is deemed timely. On the court’s own motion, the deadline for the defendant to respond to the plaintiffs’ motion to convert the preliminary injunction to a permanent injunction, ECF No. [50], is extended to 3/10/2017. Signed by JUDGE ROBERT L HINKLE on 2/22/2017. (kjw)
FAC question Were there any registrants busted for non compliance prior to the injunction and if so what would be the outcome of their cases?
JEV
The injunction enjoined a statute that never went into effect as a result of the injunction.
Yes!!!!
I am Not an attorney, Please indicate what this means for those of us who are currently required to register their internet identifiers, such as email address and web accounts.
Thanks
It means there will be no pause in the court case we have pending. The County wanted to put the case on pause until this “new bill” could be considered. The Judge said no. No pause in the case. It proceeds as scheduled.
The Judge denied the motion for FDLE to “stay”simply because he doesn’t want this argument to grow a beard on his calender! He WILL rule in favor of FDLE and always will. If you are looking for hope look above the clouds, repent and wait for the rapture and stop wasting time in the justice system. It’s never going to go our way and we know this!
I’m not sure what your authority for this is. The judge already ruled in our favor in granting the TRO. The reason we’re not currently registering every URL we visit is because the Judge ruled in our favor!