News Reedy Creek Improvement District and the Central Florida Tourism Oversight District

[flynnibus]

"Without exploring all the other defects in the motion, for the reasons noted above and as thoughtfully outlined in Plaintiff’s response, Defendants’ motion is wholly without merit. In fact, I find the motion is nothing more than rank judge-shopping. Sadly, this practice has become all too common in this district"

He doesn't seem amused

 

[flynnibus]

"On Friday, May 26, 2023,I learned, and later confirmed, that a relative within the third degree of relationship owns thirty shares of stock in Plaintiff’s parent corporation, The Walt DisneyCompany"

I think its gonna be tough to not include people with at least a 3rd degree relationship with ANY investment in a huge company like DIS... or working out people that would also be impacted by this case when including such distant relationships.

30 shares... or $3,000... ugh

 

[JohnD]

Judge Mark E. Walker has disqualified himself from Walt Disney Parks & Resorts vs Desantis case. The case has been reassigned to Judge Allen C. Winsor.

"ORDER ON DISQUALIFICATION

I have considered, without hearing, Defendants’ motion to disqualify me, ECF
No. 33, and Plaintiff’s response, ECF No. 43. For the reasons that follow,
Defendants’ motion is DENIED. Nonetheless, I find disqualification required for a
different reason."

Full document below.

https://storage.courtlistener.com/recap/gov.uscourts.flnd.463456/gov.uscourts.flnd.463456.45.0_1.pdf

The state lucked out and, presumably, doesn't care why. Their motion resulted in the judge finding out he has a relative who invested 1 buck in Disney. That's enough to disqualify him. Their motion and his integrity paid off for them.

 

[mkt]

Motion to disqualify denied, but case has a new judge nonetheless

DeSantis must be excited, the new judge is a Trump appointee.

 

[ParentsOf4]

Winsor, Allen Cothrel​

Born 1976 in Orlando, FL

Federal Judicial Service:
Judge, U.S. District Court for the Northern District of Florida
Nominated by Donald J. Trump on January 23, 2019, to a seat vacated by Robert Lewis Hinkle. Confirmed by the Senate on June 19, 2019, and received commission on June 21, 2019.

Education:
Auburn University, B.S.B.A., 1997
University of Florida Fredric G. Levin College of Law, J.D., 2002

Professional Career:
Law clerk, Hon. Edward E. Carnes, U.S. Court of Appeals for the Eleventh Circuit, 2002-2003
Private practice, Atlanta, Georgia, 2003-2005
Private practice, Tallahassee, Florida, 2005-2013
Chief deputy solicitor general, State of Florida, 2013
Solicitor general, State of Florida, 2013-2016
Judge, Florida District Court of Appeal, First District, 2016-2019
Adjunct professor, Florida State University, 2017
Other Nominations/Recess Appointments:
Nominated to U.S. District Court for the Northern District of Florida, April 10, 2018; no Senate vote

And from Wiki:

On January 3, 2019, his nomination was returned to the President under Rule XXXI, Paragraph 6 of the United States Senate. On January 23, 2019, President Trump announced his intent to renominate Winsor for a federal judgeship.[7] His nomination was sent to the Senate later that day. On February 7, 2019, his nomination was reported out of committee by a 12–10 vote. On June 18, 2019, the Senate invoked cloture on his nomination by a 54–42 vote. On June 19, 2019, he was confirmed by a 54–44 vote, with Democrat Joe Manchin voting for him.[11] He received his judicial commission on June 21, 2019.

And also:

He has been a member of the Federalist Society since 2005.

For those who are unfamiliar with the Federalist Society, it's a legal association that focuses on an Originalist interpretation of the U.S. Constitution. The conservative justices of the Supreme Court also are members of the Federalist Society.

This pretty much has flipped the script. The Disney lawsuit went from being heard by one of the more liberal judges to one of the more conservative judges.

 

[peter11435]

Certainly not the best news

 

[JohnD]

DeSantis must be excited, the new judge is a Trump appointee.

Not necessarily. A Trump appointee, yes. But that doesn't necessarily mean a potential win for the state either. If he were in lockstep with Trump, he would agree with Disney. But being a judge, one would presume he has an independent mind so could still rule either way. It's not really a "lock" for the state.

 

[LAKid53]

Also a former Jeopardy champion.

Counsel for a property developer, so he might be not useless.

D.R.Horton is the developer of my neighborhood.

 

[LAKid53]

Not necessarily. A Trump appointee, yes. But that doesn't necessarily mean a potential win for the state either. If he were in lockstep with Trump, he would agree with Disney. But being a judge, one would presume he has an independent mind so could still rule either way. It's not really a "lock" for the state.

Worked for Rick Scott's administration. Practiced law in Tally, was on 1st DCA and taught at FSU, in addition to being a UF law school grad. So he's got a Florida connection with ties to Tally.

I wonder if my niece knows of him. She was a paralegal at DCA before moving to Jax, dumping the legal profession and becoming a nurse.

 

[JohnD]

Certainly not the best news

As I already stated, a Trump appointee is not necessarily a "win" for the state. We don't know how much in sync, if any, a judge is with Trump. But Trump is no fan of DeSantis and his handling of Disney.

 

[JohnD]

Worked for Rick Scott's administration. Practiced law in Tally, was on 1st DCA and taught at FSU, in addition to being a UF law school grad. So he's got a Florida connection with ties to Tally.

I wonder if my niece knows of him. She was a paralegal at DCA before moving to Jax, dumping the legal profession and becoming a nurse.

Doesn't go to my church as far as so know. So I don't know him.

 

[mikejs78]

This judge seems to subscribe to the jdea that one should not read into legislative intent. https://www.wcjb.com/2023/05/26/florida-lawmakers-shielded-redistricting-legal-fight/

 

[LAKid53]

As I already stated, a Trump appointee is not necessarily a "win" for the state. We don't know how much in sync, if any, a judge is with Trump. But he's no fan of DeSantis and his handling of Disney.

Given his Florida ties, he understands how important Disney is to the state. Scott would announce the annual tourism numbers from...WDW.

Could have gotten worse...

 

[peter11435]

Not necessarily. A Trump appointee, yes. But that doesn't necessarily mean a potential win for the state either. If he were in lockstep with Trump, he would agree with Disney. But being a judge, one would presume he has an independent mind so could still rule either way. It's not really a "lock" for the state.

He’s not exactly known for being fair and unbiased.

 

[LAKid53]

This judge seems to subscribe to the jdea that one should not read into legislative intent. https://www.wcjb.com/2023/05/26/florida-lawmakers-shielded-redistricting-legal-fight/

No comment. But I strenuously disagree.

 

[JohnD]

He’s not exactly known for being fair and unbiased.

I'll take your word for it. Just saying we don't know how much the new judge is in sync with Trump or not. So can't really assume anything this early.

 

[wdwmagic]

Does any of this really matter at this point anyway, because either way it is heading to appeal.

 

[LAKid53]

I'll take your word for it. Just saying we don't know how much the new judge is in sync with Trump or not. So can't really assume anything this early.

However, he will have a record at 1st DCA that can be reviewed. And he was appointed by Scott, not DeSantis, to the bench.

 

[peter11435]

Does any of this really matter at this point anyway, because either way it is heading to appeal.

Yeah, this wasn’t ending here no matter what the ruling.

 

[mikejs78]

Does any of this really matter at this point anyway, because either way it is heading to appeal.

It does to an extent.. Appeals courts usually don't rule on findings of fact, only on findings of law.. What ends up in the record, what the judge ends up allowing in the way of his rulings will have an impact on the appeal. It may not matter in the long run but a defeat at the circuit court level could make things a little harder for Disney.