Case: The Cosac Foundation, Inc. v. Columbia County, Florida

3:23-cv-01499 | U.S. District Court for the Middle District of Florida

Filed Date: Dec. 21, 2023

Closed Date: Oct. 24, 2024

Clearinghouse coding complete

Case Summary

The Cosac Foundation, Inc. (Plaintiff), a non-profit charitable corporation dedicated to helping the homeless, brought this lawsuit on December 21, 2023 against Columbia County, Florida (defendant) in the U.S. District Court for the Middle District of Florida. The plaintiff challenged Columbia County Ordinance NO. 2022-03 (the ordinance), which prohibited solicitation and loitering within or upon any county building or the curtilage of those buildings. Specifically, the plaintiff claimed that t…

The Cosac Foundation, Inc. (Plaintiff), a non-profit charitable corporation dedicated to helping the homeless, brought this lawsuit on December 21, 2023 against Columbia County, Florida (defendant) in the U.S. District Court for the Middle District of Florida. The plaintiff challenged Columbia County Ordinance NO. 2022-03 (the ordinance), which prohibited solicitation and loitering within or upon any county building or the curtilage of those buildings. Specifically, the plaintiff claimed that the ordinance violated the First Amendment because it was an overbroad restriction on speech in traditional public fora. Additionally, the plaintiff claimed that the ordinance was unconstitutionally vague in violation of the Due Process Clause of the Fourteenth Amendment. The plaintiff sought a declaration that the ordinance violated the First and Fourteenth Amendments, both facially and as-applied, a preliminary and permanent injunction against enforcement of the ordinance, all damages permitted by law, and attorneys’ fees and costs. The case was assigned to Judge Marcia Morales Howard. 

On December 22, 2023, the plaintiffs filed a motion for a preliminary injunction. On January 24, 2024, the defendant filed a motion to dismiss. Two days later, the court granted in part and denied in part the plaintiff’s motion for a preliminary injunction. The court found that the plaintiff was substantially likely to succeed on the merits regarding both the First Amendment and the Fourteenth Amendment claims, and it enjoined the defendant from enforcing the ordinance. The court denied the plaintiff’s motion in any other respects. 

On June 28, 2024, the plaintiff moved for summary judgment. After the defendant asked for an extension to file a response to the plaintiff’s motion, the defendant filed a notice of settlement on September 27, 2024. The parties subsequently filed a stipulation of dismissal, and the court dismissed the case with prejudice on October 24, 2024. The terms of the settlement were not made public. The case is now closed.

 

Summary Authors

Connor Mulvena (4/20/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/68109932/parties/the-cosac-foundation-inc-v-columbia-county-florida/


Judge(s)

Howard, Marcia Morales (Florida)

Attorney for Plaintiff

Taseff, Raymond (Florida)

Trevisani, Dante (Florida)

Attorney for Defendant

Erdelyi, Susan S. (Florida)

Favale, Julianna Rose (Florida)

Documents in the Clearinghouse

Documents in this case
1

3:23-cv-01499

Complaint

Dec. 21, 2023

Dec. 21, 2023

Complaint
3

3:23-cv-01499

Motion for Preliminary Injunction

Dec. 22, 2023

Dec. 22, 2023

Pleading / Motion / Brief
21

3:23-cv-01499

Order

Jan. 26, 2024

Jan. 26, 2024

Order/Opinion
47

3:23-cv-01499

Order of Dismissal

Oct. 24, 2024

Oct. 24, 2024

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/68109932/the-cosac-foundation-inc-v-columbia-county-florida/

Last updated March 30, 2026, 4:25 a.m.

ECF Number Date Description Link
1 Dec. 21, 2023

COMPLAINT Verified against Columbia County, Florida with Jury Demand (Filing fee $405 receipt number AFLMDC-21591461) filed by The Cosac Foundation, Inc. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons)(Taseff, Raymond) (Entered: 12/21/2023)

Clearinghouse
2 Dec. 22, 2023

NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Joel B. Toomey. New case number: 3:23-cv-1499-MMH-JBT. (RLK) (Entered: 12/22/2023)

RECAP
3 Dec. 22, 2023

MOTION for Preliminary Injunction by The Cosac Foundation, Inc.. (Attachments: # 1 Exhibit Ex. A Ordinance 2022-23, # 2 Exhibit Ex. B Declaration Leonardo, # 3 Exhibit Ex. C Courthouse Protest 2020, # 4 Exhibit Ex. D Courthouse Protest 2021, # 5 Exhibit Ex. E Courthouse Information, # 6 Exhibit Ex. F County Park Information)(Taseff, Raymond) (Entered: 12/22/2023)

Clearinghouse
4 Dec. 22, 2023

ORDER taking under advisement 3 Motion for Preliminary Injunction filed by The Cosac Foundation, Inc. See Order for details. Signed by Judge Marcia Morales Howard on 12/22/2023. (JPA) (Entered: 12/22/2023)

RECAP
5 Dec. 22, 2023

SUMMONS issued as to Columbia County, Florida. (ABC) (Entered: 12/22/2023)

RECAP
6 Dec. 22, 2023

NOTICE TO COUNSEL Ray Taseff and Dante Trevisani of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (ABC) (Entered: 12/22/2023)

RECAP
Dec. 22, 2023

Case Assigned/Reassigned

Dec. 22, 2023

Notice to Counsel of Local Rule

7 Dec. 26, 2023

NOTICE by The Cosac Foundation, Inc. Notice of Lead Counsel Designation (Taseff, Raymond) (Entered: 12/26/2023)

RECAP
8 Dec. 28, 2023

NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) (Entered: 12/28/2023)

RECAP
Dec. 28, 2023

Notice to Counsel of Local Rule

9 Jan. 2, 2024

NOTICE of Filing Proposed Order re 3 MOTION for Preliminary Injunction by The Cosac Foundation, Inc. (Attachments: # 1 Text of Proposed Order)(Taseff, Raymond) Modified on 1/3/2024 as to docket text (ARL). (Entered: 01/02/2024)

RECAP
10 Jan. 3, 2024

RETURN of service executed on 1/3/2024 by The Cosac Foundation, Inc. as to Columbia County, Florida. (Taseff, Raymond) Modified text on 1/5/2024 (LNR). (Entered: 01/03/2024)

RECAP
11 Jan. 4, 2024

ORDER: This matter is set for a hearing on 3 Plaintiff's Motion for Preliminary Injunction on Thursday, January 25, 2024, at 2:00 p.m., before the undersigned. See Order for details and briefing schedule. Signed by Judge Marcia Morales Howard on 1/4/2024. (JPA) (Entered: 01/04/2024)

RECAP
12 Jan. 5, 2024

NOTICE of Appearance by Andrew Udelsman on behalf of The Cosac Foundation, Inc. (Udelsman, Andrew) (Entered: 01/05/2024)

RECAP
13 Jan. 5, 2024

NOTICE of Appearance by Susan S. Erdelyi on behalf of Columbia County, Florida (Erdelyi, Susan) (Entered: 01/05/2024)

RECAP
14 Jan. 5, 2024

NOTICE of compliance by The Cosac Foundation, Inc. (Taseff, Raymond) (Entered: 01/05/2024)

RECAP
15 Jan. 11, 2024

TIME SENSITIVE UNOPPOSED MOTION to Extend Deadline to File Response to Plaintiff's Motion for Preliminary Injunction by Columbia County, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Joel B. Toomey. Modified on 1/11/2024 chambers notified (ELM). (Entered: 01/11/2024)

RECAP
16 Jan. 11, 2024

ENDORSED ORDER granting 15 Defendant Columbia County's Unopposed Motion to Extend Deadline to File Response to Plaintiff's Motion for Preliminary Injunction. Defendant shall file its Response no later than January 16, 2024, at 1:00 p.m. All other deadlines remain the same. Signed by Judge Marcia Morales Howard on 1/11/2024. (JPA) (Entered: 01/11/2024)

RECAP
Jan. 11, 2024

Order on Motion for Extension of Time to File Response / Reply

17 Jan. 16, 2024

RESPONSE in Opposition re 3 MOTION for Preliminary Injunction filed by Columbia County, Florida. (Attachments: # 1 Affidavit Joel Foreman Declaration, # 2 Affidavit Leslie Dow Declaration, # 3 Affidavit Joann Brady Declaration, # 4 Affidavit Lt. Chris Sharp Declaration)(Erdelyi, Susan) (Entered: 01/16/2024)

RECAP
18 Jan. 18, 2024

REPLY to Response to Motion re 3 MOTION for Preliminary Injunction filed by The Cosac Foundation, Inc.. (Trevisani, Dante) (Entered: 01/18/2024)

RECAP
19 Jan. 24, 2024

MOTION to Dismiss Plaintiff's Complaint for Declaratory and Injunctive Relief by Columbia County, Florida. (Erdelyi, Susan) (Entered: 01/24/2024)

RECAP
20 Jan. 25, 2024

Minute Entry. In Person Proceedings held before Judge Marcia Morales Howard: PRELIMINARY INJUNCTION HEARING held on 1/25/2024; granting in part and denying in part 3 Plaintiff's Motion for Preliminary Injunction; denying 19 Defendant's Motion to Dismiss; and staying case management obligations. Notice due March 28, 2024. Joint Uniform Case Management Report due April 11, 2024, if the case is not resolved. Court Reporter: Katharine Healey (JW) (Entered: 01/26/2024)

RECAP
21 Jan. 26, 2024

ORDER granting in part and denying without prejudice in part 3 Plaintiff's Motion for Preliminary Injunction. Signed by Judge Marcia Morales Howard on 1/26/2024, nunc pro tunc to January 25, 2024, at 3:26 p.m. EST. (JW) (Entered: 01/26/2024)

Clearinghouse
22 March 26, 2024

Joint NOTICE Regarding Settlement Negotiations and MOTION Request for Extension of Case Management Report Filing Deadline by Columbia County, Florida (Erdelyi, Susan) Modified on 3/27/2024 as to event type(ARL). (Entered: 03/26/2024)

RECAP
23 March 27, 2024

ENDORSED ORDER granting 22 Joint Notice Regarding Settlement Negotiations and Request for Extension of Case Management Report Filing Deadline. The case management obligations remain stayed. No later than May 13, 2024, the parties shall file either a notice advising the Court that this matter has been resolved or a Joint Uniform Case Management Report. Signed by Judge Marcia Morales Howard on 3/27/2024. (JW) (Entered: 03/27/2024)

RECAP
March 27, 2024

Order on Motion for Miscellaneous Relief

24 April 24, 2024

NOTICE of change of address by Dante Trevisani (Trevisani, Dante) (Entered: 04/24/2024)

RECAP
25 April 26, 2024

NOTICE of change of address by Andrew Udelsman (Udelsman, Andrew) (Entered: 04/26/2024)

RECAP
26 May 8, 2024

NOTICE of change of address by Raymond Taseff (Taseff, Raymond) (Entered: 05/08/2024)

RECAP
27 May 13, 2024

Joint MOTION for Extension of Time to File Case Management Report by Columbia County, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 05/13/2024)

RECAP
28 May 15, 2024

ENDORSED ORDER granting 27 Joint Motion to Extend Case Management Report Filing Deadline. No later than June 3, 2024, the parties shall file either a notice advising the Court that this matter has been resolved or a Joint Uniform Case Management Report. Signed by Magistrate Judge Joel B. Toomey on 5/15/2024. (KLA) (Entered: 05/15/2024)

RECAP
May 15, 2024

Order on Motion for Extension of Time to File

29 June 3, 2024

CASE MANAGEMENT REPORT. (Erdelyi, Susan) (Entered: 06/03/2024)

RECAP
30 June 4, 2024

CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Disclosure statements due by 6/17/2024. Notice regarding mediator due by 9/18/2024. Discovery due by 11/12/2024. Dispositive motions due by 12/6/2024. Conduct mediation hearing by 12/18/2024. Final Pretrial Conference set for 5/19/2025 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 6/2/2025 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 6/4/2024. (JW) (Entered: 06/04/2024)

RECAP
31 June 6, 2024

CORPORATE Disclosure Statement by Columbia County, Florida. (Erdelyi, Susan) (Entered: 06/06/2024)

RECAP
32 June 14, 2024

ANSWER and affirmative defenses to 1 Complaint with Jury Demand by Columbia County, Florida.(Erdelyi, Susan) (Entered: 06/14/2024)

RECAP
33 June 14, 2024

CORPORATE Disclosure Statement by The Cosac Foundation, Inc.. (Taseff, Raymond) (Entered: 06/14/2024)

RECAP
34 June 28, 2024

MOTION for Summary Judgment by The Cosac Foundation, Inc.. (Taseff, Raymond) (Entered: 06/28/2024)

RECAP
35 July 1, 2024

SUMMARY JUDGMENT NOTICE AND COURTESY COPIES. Signed by Deputy Clerk on 7/1/2024. (JW) (Entered: 07/01/2024)

RECAP
36 July 9, 2024

Case Reassigned to Magistrate Judge Samuel J. Horovitz. New case number: 3:23-cv-01499-MMH-SJH. Magistrate Judge J. B. Toomey no longer assigned to the case. (BD) (Entered: 07/09/2024)

RECAP
July 9, 2024

Case Assigned/Reassigned

37 July 18, 2024

MOTION for Extension of Time to File Response to 34 Motion for Summary Judgment by Columbia County, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Samuel J. Horovitz. Modified event type, text, and linked entries on 7/18/2024 (GL). (Entered: 07/18/2024)

RECAP
38 July 19, 2024

ENDORSED ORDER granting 37 Unopposed Motion of Defendant Columbia County to Extend Deadline to File Response to Plaintiff's Motion for Summary Judgment. Defendant shall have up to and including August 19, 2024, to respond to Plaintiff's Motion for Summary Judgment 34. Signed by Magistrate Judge Samuel J. Horovitz on 7/19/2024. (TSP) (Entered: 07/19/2024)

RECAP
July 19, 2024

Order on Motion for Extension of Time to File Response / Reply

39 Aug. 19, 2024

Second Unopposed MOTION for Extension of Time to File Response to Plaintiff's Motion for Summary Judgment by Columbia County, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Samuel J. Horovitz. Modified text on 8/20/2024 (ABM). (Entered: 08/19/2024)

RECAP
40 Aug. 20, 2024

ORDER granting Defendant's 39 Second Unopposed Motion of Defendant Columbia County to Extend Deadline to File Response to Plaintiff's Motion for Summary Judgment [Time Sensitive]. Defendant shall have until September 30, 2024, to respond to 34 Plaintiff's Motion for Summary Judgment. The parties shall also comply with Local Rule 3.09(a) and immediately file a notice after agreeing to resolve all or part of this action. Signed by Magistrate Judge Samuel J. Horovitz on 8/20/2024. (KTQ) (Entered: 08/20/2024)

RECAP
41 Sept. 18, 2024

Joint MOTION for Extension of Time to File Notice of Mediation by Columbia County, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Samuel J. Horovitz. (Entered: 09/18/2024)

RECAP
42 Sept. 19, 2024

ENDORSED ORDER granting the parties' 41 Joint Motion to Extend Deadline to File Notice of Mediation. On or before October 18, 2024, the parties shall give notice of mediation in accordance with the 30 Case Management and Scheduling Order and Referral to Mediation ("CMSO"). The case management deadlines are not otherwise altered, and all other deadlines in the CMSO remain. The granting of this Motion shall not serve as a basis for the parties seeking to extend any other deadlines in the CMSO. The parties shall also comply with Local Rule 3.09(a) and immediately file a notice after agreeing to resolve all or part of this action. Signed by Magistrate Judge Samuel J. Horovitz on 9/19/2024. (KTQ) (Entered: 09/19/2024)

RECAP
Sept. 19, 2024

Order on Motion for Extension of Time to File

43 Sept. 27, 2024

NOTICE of settlement by Columbia County, Florida (Erdelyi, Susan) (Entered: 09/27/2024)

RECAP
44 Sept. 30, 2024

ORDER directing administrative closure of case. The parties shall have until November 27, 2024, to file a joint stipulation of dismissal. Signed by Judge Marcia Morales Howard on 9/30/2024. (JW) (Entered: 09/30/2024)

RECAP
45 Oct. 1, 2024

NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JTM) (Entered: 10/01/2024)

RECAP
Oct. 1, 2024

Notice to Counsel of Local Rule

46 Oct. 23, 2024

STIPULATION of Dismissal by Columbia County, Florida. (Erdelyi, Susan) (Entered: 10/23/2024)

RECAP
47 Oct. 24, 2024

ORDER dismissing case with prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 10/24/2024. (JW) (Entered: 10/24/2024)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Speech and Religious Freedom

Key Dates

Filing Date: Dec. 21, 2023

Closing Date: Oct. 24, 2024

Case Ongoing: No

Plaintiffs

Plaintiff Description:

The Cosac Foundation, Inc. is a non-profit organization dedicated to helping the homeless.

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

County

Florida

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Due Process

Freedom of speech/association

Other Dockets:

Middle District of Florida 3:23-cv-01499

Available Documents:

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Settlement

Form of Settlement:

Private Settlement Agreement

Content of Injunction:

Preliminary relief granted

Issues

General/Misc.:

Poverty/homelessness

Recommended Citation