MAGA Rally Motion
MAGA Rally Motion
MAGA Rally Motion
Plaintiffs,
v.
Defendants.
____________________________________/
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-
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.
3. On October 15, 2020, Plaintiffs began the process of trying to get an emergency
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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.
(“Airport”) was served yesterday and service on the Defendant DONALD J. TRUMP FOR
this motion.
7. On October 15, 2020, this Court entered its Order Denying Ex Parte Injunction on
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
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
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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.
CERTIFICATE OF SERVICE
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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.
/s/ Daniel W. Uhlfelder
DANIEL W. UHLFELDER, ESQ.
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Daniel Uhlfelder
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.
Becky Knipe
Judicial Assistant to
Administrative Marion County
Circuit Court Judge
Edward L. Scott
{352} 401-7810 (office)
(352) 401-7813 (fax)
[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.
Plaintiffs,
v.
Defendants.
____________________________________/
Exhibit 2
Filing # 115098915 E-Filed 10/16/2020 11:56:53 AM
Plaintiffs,
Defendants.
/
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.
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.
Plaintiffs,
V.
Defendants.
----------------
AFFIDAVIT OF DR. RON SAFF
I, Ron Saff, having been first duly sworn, deposes and says as follows:
Exhibit A