1

IN THE UNITED STATES DISTRICT COURT

FOR THE SOUTHERN DISTRICT OF FLORIDA 

CASE NO.: 20-cv-61328-DIMITROULEAS/SNOW

TIM CANOVA, 

Plaintiff, 

v. 

BRENDA C. SNIPES, DOZEL

SPENCER, and the BROWARD 

COUNTY SUPERVISOR OF ELECTIONS

Defendant. 

___________________________________________/ 

DEFENDANTS’ MOTION TO CONSOLIDATE

The Broward County Supervisor of Elections (the "SOE"), Brenda C. Snipes (“Snipes”), 

and Dozel Spencer (“Spencer”), collectively the “Defendants,” pursuant to Federal Rule of Civil 

Procedure 42(a) move to consolidate two cases, Case No. 20-cv-62100 with Case No. 20-cv-61328

for all purposes. Defendants submit that consolidation is appropriate because both cases involve 

the same allegations, operative facts, and law. In support of its Motion, the Defendants state as 

follows:

BACKGROUND

1. On July 2, 2020, Plaintiff, Tim Canova (“Plaintiff” or “Canova”) filed a three count 

Complaint in the United States District Court for the Southern District of Florida, Case No. 20-cv61328-DIMITROULEAS/SNOW, against the Defendants alleging violations of the First and 

Fourteenth Amendments under 42 U.S.C. § 1983 (Count I), Civil Conspiracy under 42 U.S.C. § 

Case 0:20-cv-61328-AHS Document 13 Entered on FLSD Docket 10/20/2020 Page 1 of 5
2

1983 (Count II), and for punitive damages (Count III). The Complaint was served on Defendants 

on September 29, 2020, and October 6, 2020.

2. On June 16, 2020, Plaintiff filed a three count Complaint in the Seventeenth Circuit in and 

for Broward County (“State Court”) against the Defendants alleging violations of the First and 

Fourteenth Amendments under 42 U.S.C. § 1983 (Count I), a violation of Article VI of the Florida 

Constitution under 42 U.S.C. § 1983 (Count II), and Civil Conspiracy under 42 U.S.C. § 1983 

(Count III). The Complaint was served on Defendants on September 29, 2020, and October 6, 

2020. On October 15, 2020, Defendants removed Plaintiff’s State Court Complaint to the United 

States District Court for the Southern District of Florida, Case No. 20-cv-62100-SINGHAL.

3. Both Complaints contain identical factual allegations. Specifically, that on March 10, 2017, 

Plaintiff’s agent requested public records, including ballots from the August 30, 2016 election, and 

on May 9, 2017, Plaintiff requested additional records. When the public records request was not 

responded to Plaintiff filed an action under Chapter 119, Florida Statutes, in the Seventeenth

Judicial Circuit of Florida on June 7, 2017. Plaintiff further alleges that on September 1, 2017, 

Snipes ordered the records destroyed. Spencer allegedly destroyed the records. Plaintiff seeks to 

recover damages for the alleged violations of his constitutional rights stemming from the 

destruction of the records. Two of the three counts against Defendants (First and Fourteenth 

Amendment and Civil Conspiracy) are identical. 

MEMORANDUM OF LAW

As stated above, both Complaints allege the same conduct and seek damages for alleged 

violations of Plaintiff’s constitutional rights. 

Federal Rule of Civil Procedure 42(a) provides: 

(a) If actions before the court involve a commons question of law or fact, the court may:

Case 0:20-cv-61328-AHS Document 13 Entered on FLSD Docket 10/20/2020 Page 2 of 5
3

(1) join for hearing or trial any or all matters at issue in the actions;

(2) consolidate the actions; or

(3) issue any other orders to avoid unnecessary cost or delay.

Rule 42 is a “codification of a trial court’s inherent managerial power to control the 

disposition of the causes on its docket with economy of time and effort for itself, for counsel, and 

for litigants.” Hendrix v. Raybestos-Manhattan, Inc., 776 F.2d 1492, 1495 (11th Cir. 1985) 

(internal quotations omitted). The Court’s decision to consolidate is purely discretionary and in 

exercising its discretion the court must determine:

Whether the specific risks of prejudice and possible confusion are 

overborne by the risk of inconsistent adjudications of common factual 

and legal issues, the burden on parties, witnesses and available judicial 

resources posed by multiple lawsuits, the length of time required to 

conclude multiple suits as against a single one, and the relative expense 

to all concerned of the single-trial, multiple-trial alternatives.

Eghnayem v. Boston Scientific Corporation, 873 F.3d 1304, 1313 (11th Cir. 2017) (quoting 

Hendrix, 776 F.2d at 1495). Indeed, “[t]he proper solution to problems created by the existence of 

two or more cases involving the same parties and issues, simultaneously pending in the same court 

would be to consolidate them under Rule 42(a).” Hargett v. Valley Federal Sav. Bank, 60 F.3d 

754, 765-66 (11th Cir. 1995). 

Here, all the factors weigh in favor of consolidation. First, the two Complaints involve the 

same plaintiffs, defendants, and attorneys. Second, but for the Florida Constitutional claim, 

Plaintiff brings the exact same claims in each case: First and Fourteenth Amendments under 42 

U.S.C. § 1983 (Count I) and Civil Conspiracy under 42 U.S.C. § 1983 (Count II). Third, the 

underlying factual allegations are identical and thus the cases will involve common questions of 

fact and law and consolidation will eliminate the risk of inconsistent adjudications of factual and 

Case 0:20-cv-61328-AHS Document 13 Entered on FLSD Docket 10/20/2020 Page 3 of 5
4

legal issues. Further, consolidation will lessen the burden on the parties, witnesses, and available 

judicial resources. Finally, consolidation will also eliminate unnecessary repetition and confusion. 

WHEREFORE, Defendants respectfully requests that this Court enter an Order 

consolidating the cases under the lower case number together for all purposes, including but not 

limited to discovery, pretrial procedure, motions, and trial.

Respectfully submitted,

Andrew J. Meyers

Broward County Attorney

Governmental Center, Suite 423

115 South Andrews Avenue

Fort Lauderdale, Florida 33301

Telephone: (954) 357-7600

Facsimile: (954) 357-7641

s/Adam Katzman

Adam Katzman

Assistant County Attorney 

Florida Bar No.: 652431

E-mail: akatzman@broward.org

Kristen McIntosh

Assistant County Attorney

Florida Bar No.: 1003315

E-mail: kmmcinstosh@broward.org

Counsel for Defendants

Case 0:20-cv-61328-AHS Document 13 Entered on FLSD Docket 10/20/2020 Page 4 of 5
5

CERTIFICATE OF GOOD FAITH CONFERENCE

Pursuant to Local Rule 7.1, I hereby certify that counsel for Defendants has made 

reasonable efforts to confer with Plaintiff. On October 15, 2020, Defendants’ counsel emailed 

Plaintiff’s counsel about the Motion. On October 16, 2020, Defendants’ counsel sent a follow up 

email and exchanged emails back and forth with Plaintiff’s counsel. On October 20, 2020,

Plaintiff’s counsel and Defendants’ counsel corresponded by email, but were unable to resolve the 

issues. 

s/Adam Katzman

Adam Katzman

Assistant County Attorney 

CERTIFICATE OF SERVICE 

I hereby certify that a true and correct copy of Defendants’ Motion to Consolidate was 

served via CM/ECF on October 20, 2020, on all counsel of record.

s/Adam Katzman

Adam Katzman

Assistant County Attorney 

Case 0:20-cv-61328-AHS Document 13 Entered on FLSD Docket 10/20/2020 Page 5 of 5