Court Will ‘Take No Action’ Until Motion to Disqualify Judge is Resolved for Disney v. DeSantis Lawsuit

In today’s latest filing for the ongoing lawsuit between Disney and Florida Governor Ron DeSantis, the Court has ruled no actions regarding the case or other recent filings will be addressed or acted upon until the pending motion by DeSantis to disqualify Judge Mark Walker is addressed.

This Notice acknowledges receipt of the parties’ ‘Joint Stipulation Regarding
Briefing Schedule and Service of Process,’ ECF No. 34, in which Defendants
request (and Plaintiffs do not oppose) a proposed briefing schedule for forthcoming
motions to dismiss. This Court will take no action, scheduling or otherwise, in this
case until it rules on the pending motion for disqualification.

Yesterday, the defendants (DeSantis and the CFTOD leaders) stated their intention to seek a dismissal of the entire case, and mutually agreed with Disney on dates and deadlines for this process.

All Defendants intend to file motions to dismiss the amended complaint.
Defendants request, and Plaintiff does not oppose, that the Court set the
following briefing schedule for the motions to dismiss:
• Defendants’ Motions to Dismiss: Due 6/26/23
• Plaintiff’s Responses: Due 7/26/23
• Defendants’ Replies: Due 8/9/23

Under this new order, everything is on hold until the decision to keep or replace the current judge is made. A different arbiter, Martin Fitzpatrick, already recused himself of his own volition late last month, citing a “third degree” relation to someone employed by one of the parties.

According to Reuters, Governor DeSantis wants Mark Walker off the case because he questions the judge’s impartiality.

DeSantis’ lawyers argued on Friday that the judge overseeing that case demonstrated potential partiality while handling separate cases in which the judge mentioned Disney as an example of state retaliation.

Outside of this federal proceeding, the Governor is also counter-suing Disney in the Florida courts. Disney has already sought to have that case dismissed.

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