Case: 18-12081 Date Filed: 11/15/2019 Page: 1 of 13

No. 18-12081

In the
United States Court of Appeals
for the Eleventh Circuit
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NATIONAL RIFLE ASSOCIATION,
Plaintiff-Appellant,

JANE DOE; JOHN DOE,

Movants-Appellants,
v.
ATTORNEY GENERAL, STATE OF FLORIDA; COMMISSIONER,
OFFICIAL CAPACITY FLORIDA DEPARTMENT OF LAW
ENFORCEMENT,
Defendants-Appellees.
─────────────♦─────────────
On Appeal from the United States District Court
for the Northern District of Florida
Case No. 4:18-cv-00137-MW-CAS
─────────────♦─────────────
APPELLANTS’ UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL
─────────────♦─────────────

John Parker Sweeney

James W. Porter, III
Marc A. Nardone
Candice L. Rucker
Bradley Arant Boult Cummings LLP
1615 L Street N.W., Suite 1350
Washington, D.C. 20036
Telephone: (202) 719-8216
jsweeney@bradley.com
Counsel for Appellants
(Additional Counsel Listed on Following Page)
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ADDITIONAL COUNSEL FOR APPELLANTS

Eliot B. Peace
Bradley Arant Boult
Cummings, LLP
100 N. Tampa St., Suite 2200
Tampa, FL 33602
Tel: (813) 559-5500
epeace@bradley.com

Kenneth Wayne Sukhia

Sukhia Law Group, PLC
902 North Gadsden Street
Tallahassee, FL 32303
(850) 383-9111
ksukhia@sukhialawfirm.com

Clifford Vincent LoCurto

The LoCurto Law Firm, PA
241 East 6th Ave.
Tallahassee, FL 32303
(850) 566-1601
locurtolaw@aol.com

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CERTIFICATE OF INTERESTED PERSONS

AND CORPORATE DISCLOSURE STATEMENT

I certify that the following trial judges, attorneys, persons, associations of

persons, firms, partnerships, and corporations have an interest in the outcome of this

case or appeal:

1. Agarwal, Amit (Counsel for Appellees)

2. American Society of News Editors (Amicus Curiae in support of Appellees)

3. Associated Press Media Editors (Amicus Curiae in support of Appellees)

4. Association of Alternative Newsmedia (Amicus Curiae in support of Appellees)

5. Bailen, Mark I. (Counsel for Amicus Curiae Society of Professional Journalists)

6. Baranetsky, D. Victoria (Counsel for Amicus Curiae The Center for Investigative

Reporting)

7. Baum, Christopher J. (Counsel for Appellees)

8. Bradley Arant Boult Cummings LLP (Counsel for Appellants)

9. Bralow, David (Counsel for Amicus Curiae First Look Media Works, Inc.)

10.California News Publishers Association (Amicus Curiae in support of Appellees)

11.Campbell, Jack – in his official capacity as State Attorney for the Second Judicial

Circuit of Florida (Proposed Defendant)

12.Cervone, William P. – in his official capacity as State Attorney for the Eighth

Judicial Circuit of Florida (Proposed Defendant)

13.Cornejo, Juan (Counsel for Amicus Curiae The McClatchy Company)

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14.Courthouse News Service (Amicus Curiae in support of Appellees)

15.Cregan, James (Counsel for Amicus Curiae MPA—The Association of Magazine

Media)

16.Doe, Jane (Movant-Appellant)

17.Doe, John (Movant-Appellant)

18.Ewert, James (Counsel for Amicus Curiae California News Publishers

Association)

19.First Look Media Works, Inc. (Amicus Curiae in support of Appellees)

20.Florida Attorney General’s Office (Counsel for Appellees)

21.Giles, David M. (Counsel for Amicus Curiae The E.W. Scripps Company)

22.Goldberg, Kevin (Counsel for Amicus Curiae American Society of News Editors

and Association of Alternative Newsmedia)

23.International Documentary Association (Amicus Curiae in support of Appellees)

24.Investigative Reporting Program (Amicus Curiae in support of Appellees)

25.Investigative Reporting Workshop at American University (Amicus Curiae in

support of Appellees)

26.Johnson, Bruce E.H. (Counsel for Amicus Curiae The Seattle Times Co.)

27.Koch, Elizabeth C. (Counsel for Amicus Curiae POLITICO LLC)

28.Larkin, Chris (Counsel for Amicus Curiae The Dallas Morning News)

29.LoCurto, C. Vincent (Counsel for Appellants)

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30.Matteo-Boehm, Rachel (Counsel for Amicus Curiae Courthouse News Service)

31.Moody, Ashley – in her official capacity as Attorney General for the State of

Florida (Defendant-Appellee)

32.Moore, Niki (Counsel for Amicus Curiae California News Publishers

Association)

33.MPA—The Association of Magazine Media (Amicus Curiae in support of

Appellees)

34.Nardone, Marc A. (Counsel for Appellants)

35.National Press Photographers Association (Amicus Curiae in support of

Appellees)

36.National Rifle Association of America, Inc. (Plaintiff-Appellant)

37.Osterreicher, Mickey H. (Counsel for Amicus Curiae National Press

Photographers Association)

38.Peace, Eliot B. (Counsel for Appellants)

39.POLITICO LLC (Amicus Curiae in support of Appellees)

40.Porter III, James Wallace (Counsel for Appellants)

41.Rucker, Candice Leigh (Counsel for Appellants)

42.Sanford, Bruce W. (Counsel for Amicus Curiae Society of Professional

Journalists)

43.Society of Professional Journalists (Amicus Curiae in support of Appellees)

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44.Stampelos, Hon. Charles A. (United States Magistrate Judge)

45.Swearingen, Rick – in his official capacity as Commissioner of the Florida

Department of Law Enforcement (Defendant-Appellee)

46.Sukhia, Kenneth Wayne (Counsel for Appellants)

47.Sukhia Law Group, PLC (Counsel for Appellants)

48.Sweeney, John Parker (Counsel for Appellants)

49.The Center for Investigative Reporting (Amicus Curiae in support of Appellees)

50.The Dallas Morning News (Amicus Curiae in support of Appellees)

51.The E.W. Scripps Company (Amicus Curiae in support of Appellees)

52.The LoCurto Law Firm, PA (Counsel for Appellants)

53.The McClatchy Company (Amicus Curiae in support of Appellees)

54.The Media Institute (Amicus Curiae in support of Appellees)

55.The Reporters Committee for Freedom of the Press (Amicus Curiae in support of

Appellees)

56.The Seattle Times Company (Amicus Curiae in support of Appellees)

57.Tully Center for Free Speech (Amicus Curiae in support of Appellees)

58.Walker, Hon. Mark E. (United States District Judge)

59.Wenger, Edward M. (Counsel for Appellees)

60.Wimmer, Kurt (Counsel for Amicus Curiae The Media Institute)

61.WPLG-TV (Amicus Curiae in support of Appellees)

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Pursuant to Federal Rule of Appellate Procedure 26.1 and 11th Cir. R. 26.1-

1, et seq., Appellants state that no publicly traded company or corporation has an

interest in the outcome of this case or appeal, except that Amici Curiae disclosed

their corporate affiliations as follows:

1. The Reporters Committee for Freedom of the Press is an unincorporated

association of reporters and editors with no parent corporation and no stock.

2. American Society of News Editors is a private, non-stock corporation that has no

parent.

3. The Associated Press Media Editors has no parent corporation and does not issue

any stock.

4. Association of Alternative Newsmedia has no parent corporation and does not

issue any stock.

5. California News Publishers Association is a mutual benefit corporation organized

under state law for the purpose of promoting and preserving the newspaper

industry in California.

6. The Center for Investigative Reporting is a California non-profit public benefit

corporation that is tax-exempt under section 501(c)(3) of the Internal Revenue

Code.

7. It has no statutory members and no stock.

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8. Courthouse News Service is a privately held corporation with no parent

corporation and no publicly held corporation holds more than 10 percent of its

stock.

9. The Dallas Morning News, Inc. is owned by A. H. Belo Corporation.

10.The E.W. Scripps Company is a publicly traded company with no parent

company. No individual stockholder owns more than 10% of its stock.

11. First Look Media Works, Inc. is a non-profit non-stock corporation organized

under the laws of Delaware. No publicly-held corporation holds an interest of

10% or more in First Look Media Works, Inc.

12.The International Documentary Association is a not-for-profit organization with

no parent corporation and no stock.

13.The Investigative Reporting Program is a project of the University of California,

Berkeley. It issues no stock.

14.The Investigative Reporting Workshop is a privately funded, nonprofit news

organization affiliated with the American University School of Communication

in Washington. It issues no stock.

15.The McClatchy Company is publicly traded on the New York Stock Exchange

American under the ticker symbol MNI. Chatham Asset Management, LLC and

Royce & Associates, LP both own 10% or more of the common stock of The

McClatchy Company.

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16.The Media Institute is a 501(c)(3) non-stock corporation with no parent

corporation.

17.MPA—The Association of Magazine Media has no parent companies, and no

publicly held company owns more than 10% of its stock. National Press

Photographers Association is a 501(c)(6) nonprofit organization with no parent

company. It issues no stock and does not own any of the party’s or amicus’ stock.

18.POLITICO LLC is a wholly owned subsidiary of privately held Capitol News

Company, LLC.

19.The Seattle Times Company: The McClatchy Company owns 49.5% of the

voting common stock and 70.6% of the nonvoting common stock of The Seattle

Times Company.

20.Society of Professional Journalists is a non-stock corporation with no parent

company.

21.The Tully Center for Free Speech is a subsidiary of Syracuse University. WPLG,

Inc. is owned by BH Holding LLC which is owned by Berkshire Hathaway Credit

Corporation which is owned by Berkshire Hathaway Inc. which is a publicly held

corporation.1

(Amicus Br. Corp. Disclosure Statement).

1
Although not stated in its amicus brief, Berkshire Hathaway’s stock is publicly
listed as either BRK-A or BRK-B.
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Dated: November 15, 2019 Respectfully submitted,

/s/ John Parker Sweeney

John Parker Sweeney
Attorney for Appellants

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APPELLANTS’ UNOPPOSED MOTION FOR VOLUNTARY DISMISSAL

Under Federal Rule of Appellate Procedure 42(b) and Eleventh Circuit Rule

42-1(a), Plaintiff-Appellant National Rifle Association and Movants-Appellants

Jane Doe and John Doe (“Appellants”) respectfully request that this Court dismiss

this appeal with prejudice.

Defendants-Appellees Attorney General, State of Florida, and Commissioner,

Florida Department of Law Enforcement, (“Appellees”) do not oppose this Motion.

Each party will bear its own costs and fees.

Dated: November 15, 2019 Respectfully submitted,

/s/ John Parker Sweeney

John Parker Sweeney
Attorney for Appellants

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CERTIFICATE OF COMPLIANCE

Pursuant to Federal Rule of Appellate Procedure 32(g), the undersigned

counsel certifies that this Motion complies with the type-volume limitation of

Federal Rule of Appellate Procedure 27(d)(2)(A) because it contains 62 words,

exempting those portions excludes by Rule 32(f). The undersigned counsel also

certifies that this Motion complies with the typeface and type-style requirements of

Eleventh Circuit Rule 27-1(a)(10) and Federal Rules of Appellate Procedure

32(a)(5) and 32(a)(6) because it has been prepared in a proportionally-spaced

typeface using Microsoft Office Word in 14-point Times New Roman font.

Dated: November 15, 2019 Respectfully submitted,

/s/ John Parker Sweeney

John Parker Sweeney
Attorney for Appellants

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CERTIFICATE OF SERVICE

I hereby certify that on November 15, 2019, I filed the foregoing with the

Clerk of the Court via CM/ECF, which will electronically serve all counsel of record.

Counsel for all parties to the case are registered CM/ECF users and will be served

by the appellate CM/ECF system.

Dated: November 15, 2019 Respectfully submitted,

/s/ John Parker Sweeney

John Parker Sweeney
Attorney for Appellants

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