Case 6:14-cv-01959-CEM-DAB Document 28 Filed 01/09/15 Page 1 of 3 PageID 134

IN THE UNITED STATES DISTRICT COURT

MIDDLE DISTRICT OF FLORIDA
ORLANDO DIVISION
DANIEL WALL-DeSOUSA and
SCOTT WALL-DeSOUSA,
Plaintiffs,
v.

Case No. 6:14-cv-1959-Orl-41-DAB

FLORIDA DEPARTMENT OF HIGHWAY

SAFETY AND MOTOR VEHICLES et al.,
Defendants.
__________________________________/
RESPONSE OF STATE DEFENDANTS TO COURTS ORDER
Defendants Florida Department of Highway Safety and Motor Vehicles (the
Department); its executive director, Terry L. Rhodes; and Governor Rick Scott (collectively
the State Defendants); submit this response to the Courts December 5, 2014, order (DE 10).
1.

The Court inquired whether the plaintiffs preliminary injunction motion is moot.

DE 10 at 5. The thrust of the plaintiffs complaint is that the Department refused to issue driver
licenses in their married names. The Department recently issued a technical advisory, which is
attached to this filing. The advisory specifies that: Effective January 6, 2015, all offices are to
accept all marriage certificates as sufficient proof to complete a name change on a driver license
or identification card. Exh. A. Pursuant to this advisory, the plaintiffs may obtain the driver
licenses they have requested without order of this Court. The case is therefore moot. See Al
Najjar v. Ashcroft, 273 F.3d 1330, 1335-36 (11th Cir. 2001) ([A]n action that is moot cannot be
characterized as an active case or controversy. A case is moot when the issues presented are no
longer live or the parties lack a legally cognizable interest in the outcome.) (internal
quotations, citations, and brackets omitted). As a result, the Court lacks subject matter

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jurisdiction, and the case must be dismissed. See Troiano v. Supervisor of Elections in Palm
Beach Cnty., Fla., 382 F.3d 1276, 1281 (11th Cir. 2004) (A moot case is nonjusticiable and
Article III courts lack jurisdiction to entertain it.).
2.

The Court also inquired whether this case should be stayed pending resolution by

the Eleventh Circuit of the appeal from the Brenner injunction. DE 10 at 5. Because the case is
moot, this Court should dismiss rather than stay. But if the Court does not dismiss the action, it
should stay it. The constitutional question presented is currently before the Eleventh Circuit, and
as long as the issue is before that Court, there is no need for this Court to expend judicial
resources on the same issue. This Court has broad discretion to manage its docket and case
schedules. See, e.g., Johnson v. Bd. of Regents of Univ. of Ga., 263 F.3d 1234, 1269 (11th Cir.
2001). The case should be stayed if it is not dismissed for want of subject matter jurisdiction.
Respectfully submitted,
PAMELA JO BONDI
ATTORNEY GENERAL
/s/ Adam S. Tanenbaum
ADAM S. TANENBAUM
Chief Deputy Solicitor General
Florida Bar No. 117498
OFFICE OF THE ATTORNEY GENERAL
The Capitol PL01
Tallahassee, Florida 32399-1050
Phone: (850) 414-3681
Fax: (850) 410-2672
adam.tanenbaum@myfloridalegal.com
Counsel for the State Defendants

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CERTIFICATE OF SERVICE
I HEREBY CERTIFY that on this ninth day of January, 2015, a true copy of the
foregoing has been submitted through the Courts CM/ECF system, which will transmit a notice
of electronic filing to the following counsel of record, who are registered with this Court as filing
users for that purpose:

WILLIAM J. SHEPPARD
ELIZABETH L. WHITE
MATTHEW R. KACHERGUS
BRYAN E. DEMAGGIO
Counsel for Plaintiffs
SHEPPARD, WHITE &
KACHERGUS, P.A.
215 Washington Street
Jacksonville, Florida 32202
Phone: (904) 356-9661
Fax: (904) 356-9667
email: sheplaw@att.net

MICHAEL J. ROPER
mroper@bellroperlaw.com
FRANK M. MARI
fmari@bellroperlaw.com
BELL & ROPER, P.A.
2707 East Jefferson Street
Orlando, Florida 32803
Phone: (407) 897-5150
Fax: (407) 897-3332
Counsel for Defendant Dowman

Counsel for Plaintiffs

/s/ Adam S. Tanenbaum

ADAM S. TANENBAUM
Florida Bar No. 117498

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