Filing # 114736814 E-Filed 10/09/2020 02:13:51 PM

IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT

IN AND FOR MIAMI-DADE COUNTY, FLORIDA

STATE OF FLORIDA, ex rel.

JOSHUA TALBOT D’ALEMBERTE,
MIGDALIA GARCIA, NADINE JOHNSON,
THOMAS KENNEDY, SWEHA PATEL, and
JIM RODRIGUEZ, in relation to the
State of Florida and Individually,

Plaintiffs,

vs. CASE NO.: 2020-021732-CA-01

DONALD J. TRUMP &

ADRIAN ARSHT CENTER FOR
THE PERFORMING ARTS OF
MIAMI-DADE COUNTY, and THE
COMMISSION ON PRESIDENTIAL
DEBATES,

Defendants.
/

PLAINTIFFS’ EMERGENCY MOTION FOR EMERGENCY HEARING

Plaintiffs, State of Florida, ex rel., Joshua Talbot D’Alemberte, Migdalia Garcia, Nadine

Johnson, Thomas Kennedy, Sweha Patel, and Jim Rodriguez (hereinafter referred to as

“Plaintiffs”), by and through the undersigned counsel, hereby move the Court for an order setting

an emergency hearing in the above-styled action no later than to October 14, 2020. In support

thereof, Plaintiffs state as follows:

1. Plaintiffs filed their Complaint in this action on October 8, 2020 seeking an

emergency temporary injunction requiring the cancellation of the October 15, 2020 Presidential

town-hall debate in Miami-Dade County, Florida or if the debate takes places execution of an order

requiring that all necessary measures be taken to ensure safety and welfare of Plaintiffs are

protected and any such other and further relief as the Court deems just and proper.
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 2. The lawsuit is brought to protect the interests of Plaintiffs and the public from the

life threatening dangers associated with an infected individual who has no regard for the safety of

others, accompanied by an entourage and swath of supporters who have no regard for the safety

of Miami-Dade County as it attempts to recover from this deadly pandemic.

3. Plaintiffs incorporate by reference the allegations in their complaint.

4. According to Trump 1 and news reports, Trump plans to travel with a large

entourage to Miami, debate in Miami in-person on October 15, 2020 even though he is infected,

highly contagious and in the required quarantine period. 2

5. If Trump attends the debate or comes to Miami-Dade County for any other reason

including a rally which he suggested last night 3 he will be accompanied by numerous individuals

who are exposed and/or infected by COVID-19 bringing them to Miami-Dade County.

6. The standard practice of Trump and his supporters is to ignore safe COVID-19

health practices. Trump has continued to have political rallies and events where large groups of

people congregate together in proximity mask-less. He suggested last night that he intends to come

to Florida for a rally as soon as tomorrow, October 10, 2020. 4 If so, he will have numerous

supporters in attendance at the debate, outside the debate or at a rally who are mask-less and not

social distancing.

7. Plaintiffs respectfully request that the Court set this action for an emergency

hearing prior to the planned in person appearance by Trump on October 15, 2020.

8. Plaintiffs request at least two (2) hours for the emergency hearing.

WHEREFORE, Plaintiffs request the Court enter an order setting an emergency hearing in

1
https://www.politico.com/news/2020/10/06/miami-mayor-trump-dont-come-covid-426817
2
https://nypost.com/2020/10/05/trump-plans-to-debate-biden-after-hospital-stint-campaign-says/
3
https://www.local10.com/news/local/2020/10/09/trump-says-he-wants-saturday-campaign-rally-in-florida/
4
https://www.local10.com/news/local/2020/10/09/trump-says-he-wants-saturday-campaign-rally-in-florida/

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this action as soon as the Court has availability no later than October 14, 2020 and awarding any

other and further relief that the Court deems appropriate and just.

Dated this 9th day of October, 2020.

/s/ Daniel W. Uhlfelder

DANIEL W. UHLFELDER, ESQ.
FL Bar No. 0133922
daniel@dwulaw.com (primary)
paralegal@dwulaw.com (secondary
reception@dwulaw.com (secondary)
DANIEL W. UHLFELDER, P.A.
124 East County Highway 30-A
Santa Rosa Beach, FL 32459
T: (850) 534-0246
F: (850) 534-0985

Attorneys for Plaintiffs

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