UNITED STATES DISTRICT COURT 

NORTHERN DISTRICT OF FLORIDA

TALLAHASSEE DIVISION

KIRK NIELSEN, MORGAN 

OUTLAW, REVEL LUBIN, FELICIA 

BRUCE, BARBARA DEVANE, RAY 

DAVIS, DONESA JACKSON, 

ALIANZA FOR PROGRESS, INC., 

FLORIDA ALLIANCE FOR 

RETIRED AMERICANS, INC. and 

PRIORITIES USA, 

Plaintiffs,

v.

RON DESANTIS, in his official 

capacity as Florida Governor, et al.,

Defendants.

 Case No. 4:20-cv-00236-RH-MJF

UNOPPOSED MOTION TO VOLUNTARILY DISMISS

Pursuant to Rule 41(a)(2), Federal Rules of Civil Procedure, Plaintiffs Kirk 

Nielsen, Morgan Outlaw, Revel Lubin, Felicia Bruce, Barbara DeVane, Ray Davis, 

Donesa Jackson, Alianza for Progress, Inc., Florida Alliance for Retired 

Americans, Inc., and Priorities USA (collectively, “Nielsen Plaintiffs”), file the 

following motion for voluntary dismissal and as grounds therefor state:

1. On June 21, 2020, the Nielsen Plaintiffs filed their operative 

Complaint (ECF No. 292-1) in this case.

2. As a result of commitments by the State to the voting procedures and 
 

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outreach to voters in the settlement agreement, the Nielsen Plaintiffs move to 

dismiss their claims voluntarily.

3. The requested dismissal is according to the terms of the settlement 

agreement between the Nielsen Plaintiffs and the State Defendants (ECF No. 601-

1), with all parties being responsible for their own attorney’s fees and costs.

4. The Nielsen Plaintiffs have conferred with counsel for all Defendants, 

most whom have agreed to the relief requested herein, and none voiced objection 

to the requested dismissal in open court at the time scheduled for trial in this case.

WHEREFORE, the Nielsen Plaintiffs respectfully request that the Court 

dismiss their claims with prejudice.

CERTIFICATE OF COMPLIANCE WITH LOCAL RULE 7.1

Undersigned counsel has communicated in good faith with counsel for all 

Defendants, and the State Defendants as well as counsel representing at least 43 

Supervisors of Election and County Canvassing Boards have agreed to the relief 

requested herein.

The undersigned certifies that this motion contains 195 words, within the 

requirements of Local Rule 7.1(F). 
 

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CERTIFICATE OF SERVICE

I HEREBY CERTIFY that, on July 20, 2020, I electronically filed the 

foregoing with the Clerk of the Court by using the CM/ECF system, which will 

send a notice of electronic filing to all counsel of record.

Dated: July 20, 2020 By: /s/ Frederick S. Wermuth

Frederick S. Wermuth

Florida Bar No.: 0184111

KING, BLACKWELL, ZEHNDER

& WERMUTH, P.A.

P.O. Box 1631

Orlando, FL 32802-1631

Telephone: (407) 422-2472

Facsimile: (407) 648-0161

fwermuth@kbzwlaw.com 

Marc E. Elias

John Devaney

Amanda R. Callais*

Zachary J. Newkirk*

Christina A. Ford

Alexi Velez*

PERKINS COIE LLP

700 Thirteenth St., N.W., Suite 800

Washington, D.C. 20005-3960

Telephone: (202) 654-6200

Facsimile: (202) 654-9959

melias@perkinscoie.com

jdevaney@perkinscoie.com

acallais@perkinscoie.com

christinaford@perkinscoie.com

avelez@perkinscoie.com
 

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Lilian Timmermann*

PERKINS COIE LLP

1900 Sixteenth Street, Suite 1400

Denver, CO 80202

Telephone: (303) 291-2300

Facsimile: (303) 291-2400

ltimmermann@perkinscoie.com

David Anstaett*

PERKINS COIE LLP

33 East Main Street, Suite 201

Madison, WI 53703

Telephone: (608)663-5408

Facsimile: (608)663-7499

danstaett@perkinscoie.com

Counsel for the Nielsen Plaintiffs

* Admitted Pro Hac Vice