MAGA Rally Motion

Filing # 115102963 E-Filed 10/16/2020 12:33:22 PM
IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

IN AND FOR MARION COUNTY, FLORIDA
STATE OF FLORIDA ex rel. Case No.: 2020-CA-1661

CHANAE JACKSON, in relation to the
State of Florida and Individually,
Plaintiffs,
v.
DONALD J. TRUMP FOR PRESIDENT,

INC., a Virginia nonstock corporation, and
CITY OF OCALA, d/b/a
OCALA INTERNATIONAL AIRPORT,
Defendants.
____________________________________/
EMERGENCY MOTION FOR REHEARING AND REQUEST FOR EMERGENCY

HEARING
Plaintiffs STATE OF FLORIDA, ex rel. CHANAE JACKSON, in relation to the State of
Florida and Individually, by and through undersigned counsel by and through the undersigned
counsel, hereby move the Court for rehearing an order setting an emergency hearing in the above-
styled action today. In support thereof, Plaintiffs state as follows:
1. Plaintiffs filed their Complaint in this action on October 14, 2020 for injunctive and
declaratory relief seeking an emergency temporary injunction requiring the cancellation of the
October 16, 2020 Presidential rally in Marion County, Florida or if the rally takes places execution
of an order requiring that all necessary measures be taken to ensure safety and welfare of Plaintiffs
are protected and any such other and further relief as the Court deems just and proper.
2. Plaintiffs incorporate by reference the allegations in their complaint.
3. On October 15, 2020, Plaintiffs began the process of trying to get an emergency
hearing but were delayed by the clerk not providing summonses.
1
4. Also, on October 15, 2020, Plaintiffs began the process of trying to schedule an
emergency on this matter and were informed by the Judge’s Judicial Assistant that “no hearing
unless you show me that the defendants have been served.” (Exhibit 1 attached hereto).
5. In response, Plaintiffs’ counsel advised the Court’s office of the situation and said
“[a]ssuming we get service, please let us know when we can have our hearing.” Instead of giving
the Plaintiffs a hearing time, a subsequent order was issued yesterday evening.
6. The Defendant CITY OF OCALA, d/b/a OCALA INTERNATIONAL AIRPORT
(“Airport”) was served yesterday and service on the Defendant DONALD J. TRUMP FOR
PRESIDENT, INC. (“Trump”), a Virginia nonstock corporation, is in process as of the filing of
this motion.
7. On October 15, 2020, this Court entered its Order Denying Ex Parte Injunction on
several grounds (“Order”).
8. First, it interpreted the certification at end of the Complaint as a request for ex parte
relief. The complaint did include this certification, but the Court previously advised Plaintiffs that
it would not hold a hearing unless Defendants were served. The Airport was served yesterday,
and Trump will be served shortly if it has not already been served at its registered agent in Virginia.
9. Therefore, based on these circumstances and the Court’s insistence to get service
on Defendants first, and Plaintiffs attempts to get service and having already obtained service on
one Defendant, that a hearing was going to be held ex parte.
10. The Order also notes that the Plaintiffs are seeking an injunction to stop the Trump
rally which is incorrect. The Plaintiffs are seeking the Plaintiffs respectfully request that this Court
enjoin Defendants’ October 16, 2020 rally in Marion County or otherwise declare that the proposed
rally is a nuisance or, if the rally takes place, issue an order requiring that all necessary measures
2
be taken to protect the health, safety, and welfare of Plaintiffs.
11. The Court failed to note that Plaintiffs’ complaint is not just being brought in
Chanae Jackson’s name but in the name of the State of Florida and the Marion County,
Community.
12. The Court also found that the Complaint was neither verified by Jackson, nor was
a supporting affidavit filed. To the extent those technical issues may have been required for a
temporary injunction without notice, those issues have been resolved with the filing of the
Verification of Jackson and Affidavit of Dr. Saff filed this morning. (See Exhibits 2 and 3 attached
hereto).
13. Plaintiffs request at least one (1) hour for the emergency hearing.
WHEREFORE, Plaintiffs request a rehearing and the Court enter an order setting an
emergency hearing in this action as soon as the Court has availability no later than today, October
16, 2020 and awarding any other and further relief that the Court deems appropriate and just.
DATED this 16th day of October 2020.
/s/ Daniel W. Uhlfelder

DANIEL W. UHLFELDER, ESQ.
FL Bar No. 0133922
[email protected] (primary)
[email protected] (secondary)
DANIEL W. UHLFELDER, P.A.
124 East County Highway 30-A
Santa Rosa Beach, FL 32459
T: (850) 534-0246
F: (850) 534-0985
Attorneys for Plaintiffs
CERTIFICATE OF SERVICE
3
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the
Florida Courts E-Filing Portal, this 16th day of October, 2020.
4
Daniel Uhlfelder
From: Daniel Uhlfelder

Sent: Thursday, October 15, 2020 3:31 PM
To: Knipe, Becky; Annina Lombardi
Cc: Seth Galloway; Kay Sims; Office Manager; Monica Baker
Subject: RE: Case No 20CA001661AX
Thank you. We look forward to our hearing in this very important public health matter. We are serving the other
Defendant, Donald J. Trump For President, Inc. in the morning because the Secretary of State says it no longer has an
office in Florida and the registered agent in Virginia closes at 3 pm ET.
From: Knipe, Becky <[email protected]>

To: Daniel Uhlfelder <[email protected]>; Annina Lombardi <[email protected]>
Cc: Seth Galloway <[email protected]>; Kay Sims <[email protected]>; Office Manager
<[email protected]>; Monica Baker <[email protected]>
You will receive an order in the morning regarding this matter.
Becky Knipe
Judicial Assistant to
Administrative Marion County
Circuit Court Judge
Edward L. Scott
{352} 401-7810 (office)
(352) 401-7813 (fax)
[email protected]
From: Daniel Uhlfelder <[email protected]>

To: Knipe, Becky <[email protected]>; Annina Lombardi <[email protected]>
Cc: Seth Galloway <[email protected]>; Kay Sims <[email protected]>; Office Manager
<[email protected]>; Monica Baker <[email protected]>
WARNING: This email originated from outside of the 5th Judicial Circuit's Email System. DO NOT click links or open attachments
unless yeu recognize the s�nder and know the content fs•safe.
Thank you. The Clerk delayed getting us summons all day but we have served the Airport and are attempting service on
the other Defendant. Assuming we get service, please let us know when we can have our hearing. Thank you.
From: Knipe, Becky <[email protected]>

To: Annina Lombardi <[email protected]>
Cc: Seth Galloway <[email protected]>; Daniel Uhlfelder <[email protected]>; Kay Sims <[email protected]>;
Office Manager <[email protected]>; Monica Baker <[email protected]>
1
EXHIBIT 1
Filing # 115098275 E-Filed 10/16/2020 11:51:21 AM

STATE OF FLORIDA ex rel. Case No.: 2020-CA-1661

Plaintiffs,
v.

Defendants.
____________________________________/
VERIFICATION OF COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

Under penalty of perjury, I declare I have read the Complaint for Injunctive and
Declaratory Relief filed in this action on October 14, 2020, and the facts stated in it are true and
correct.
___________________
CHANAE JACKSON
Dated this 16th day of October, 2020.

FL Bar No. 0133922
[email protected] (secondary
T: (850) 534-0246
F: (850) 534-0985
Attorneys for Plaintiffs
Exhibit 2
Filing # 115098915 E-Filed 10/16/2020 11:56:53 AM

STATE OF FLORIDA, ex rel.

Plaintiffs,
vs. CASE NO.: 20CA001661AX

Defendants.
/
NOTICE OF FILING AFFIDAVIT OF DR. RON SAFF
Plaintiffs, STATE OF FLORIDA, ex rel. CHANAE JACKSON, in relation to the State of
Florida and individually, by and through the undersigned counsel, hereby serve notice of filing the
Affidavit of Dr. Ron Saff, a true and correct copy of which is attached hereto as Exhibit A.
Dated this 16th day of October, 2020.

FL Bar No. 0133922
T: (850) 534-0246
F: (850) 534-0985
Attorney for Plaintiffs
Exhibit 3
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was served via the
Florida Courts E-Filing Portal, this 16th day of October, 2020.

STATE OF FLORI.DA ex rel. Case No.: 2020-CA-166 l

Plaintiffs,
V.

Defendants.
----------------
AFFIDAVIT OF DR. RON SAFF
I, Ron Saff, having been first duly sworn, deposes and says as follows:
1. I am an individual over the age of eighteen (l 8) years.

2. The statements made herein arc made upon my personal knowledge.
3. I am an is an Assistant Clinical Professor of Medicine at the Florida State University
College of Medicine in Tallahassee. I rect:ived my undergraduate degree from the University of
Florida. My internship and residency were in internal medicine at Presbyterian University of
Pennsylvania in Philadelphia followed by an Allergy/Immunology fellowship at the Medical
College of Wisconsin Affiliated Hospitals in Milwaukee. I have practiced in Tallahassee, Florida
since 1994 and has won many service awards from the American Lung Association. lam board
certified in Allergy/Jrrimunology, and Internal Medicine. I am a certified clinical research
investigator and a fellow of the American Academy of Allergy, Asthma, and Immunology.
4. SARS-COV-2 is a type of coronavirus that causes a deadly and highly contagious
respiratory disease called COVID- 1 9. For the purposes of this Affidavit, the terms "COVID-19"
and "coronavirus" are used interchangeably.
5. There have been more than 8 million confirmed cases of COVID-19 jn the United
States, and more than 216,000 people have died of the illness since February of this year.
6. According to the Florida Department of Health, there rire at least 741.000 cases of
COVTD-19 in the State of Florida and at least 15,500 people have died frorn the disease in Florida.
Exhibit A

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Filing # 115102963 E-Filed 10/16/2020 12:33:22 PM

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

STATE OF FLORIDA ex rel. Case No.: 2020-CA-1661

DONALD J. TRUMP FOR PRESIDENT,

EMERGENCY MOTION FOR REHEARING AND REQUEST FOR EMERGENCY

Plaintiffs STATE OF FLORIDA, ex rel. CHANAE JACKSON, in relation to the State of

styled action today. In support thereof, Plaintiffs state as follows:

2. Plaintiffs incorporate by reference the allegations in their complaint.

hearing but were delayed by the clerk not providing summonses.

6. The Defendant CITY OF OCALA, d/b/a OCALA INTERNATIONAL AIRPORT

PRESIDENT, INC. (“Trump”), a Virginia nonstock corporation, is in process as of the filing of

several grounds (“Order”).

one Defendant, that a hearing was going to be held ex parte.

DATED this 16th day of October 2020.

/s/ Daniel W. Uhlfelder

Attorneys for Plaintiffs

From: Daniel Uhlfelder

From: Knipe, Becky <[email protected]>

You will receive an order in the morning regarding this matter.

From: Daniel Uhlfelder <[email protected]>

From: Knipe, Becky <[email protected]>

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

STATE OF FLORIDA ex rel. Case No.: 2020-CA-1661

DONALD J. TRUMP FOR PRESIDENT,

VERIFICATION OF COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF

Dated this 16th day of October, 2020.

/s/ Daniel W. Uhlfelder

Attorneys for Plaintiffs

IN THE CIRCUIT COURT OF THE FIFTH JUDICIAL CIRCUIT

STATE OF FLORIDA, ex rel.

vs. CASE NO.: 20CA001661AX

DONALD J. TRUMP FOR PRESIDENT,

NOTICE OF FILING AFFIDAVIT OF DR. RON SAFF

Plaintiffs, STATE OF FLORIDA, ex rel. CHANAE JACKSON, in relation to the State of

Dated this 16th day of October, 2020.

/s/ Daniel W. Uhlfelder

/s/ Daniel W. Uhlfelder

STATE OF FLORI.DA ex rel. Case No.: 2020-CA-166 l

DONALD J. TRUMP FOR PRESIDENT,

1. I am an individual over the age of eighteen (l 8) years.

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