UNITED STATES DISTRICT COURT
MIDDLE DISTRICT OF FLORIDA
Jacksonville Division
THOMAS JAMES COVENANT, an
individual, and JEFFREY MARCUS
GRAY, an individual,
Plaintiffs,
Case No. 3:15-cv-_____________
v.
MARK H. MAHON, in his official
capacity as Chief Judge of the Fourth
Judicial Circuit of Florida, and MIKE
WILLIAMS, in his official capacity as
the Sheriff of Jacksonville, Duval
County, Florida,
Defendants.
MOTION FOR TEMPORARY RESTRAINING ORDER
COME NOW the Plaintiffs, THOMAS JAMES COVENANT (“Mr.
Covenant”) and JEFFREY MARCUS GRAY (“Mr. Gray”) (collectively, the
“Plaintiffs”), by and through their undersigned Counsel, pursuant to FED. R. CIV. P.
65(b) and M.D. Loc. R. 4.05, and respectfully move this Honorable Court ex parte
for the entry of (a) a Temporary Restraining Order, enjoining MARK H. MAHON
(“Chief Judge Mahon”), in his official capacity as the Chief Judge1 of the Fourth
Judicial Circuit of Florida, and MIKE WILLIAMS (“Sheriff Williams”), in his
 
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
  
1 
  See 
  FLA. 
  STAT. 
  § 
  43.26. 
  
 
  

1 
  

 official capacity as the Sheriff of Jacksonville, Duval County, Florida, from
enforcing Chief Judge Mahon’s Administrative Order No. 2015-3 (“AO 2015-3”),
and (b) for an order to show cause why a preliminary injunction should not issue to
maintain the status quo during the pendency of this case, and in support thereof,
Plaintiffs state the following:
1.

As alleged in the Complaint, Plaintiffs are citizen journalists who

have been threatened with arrest for engaging in core political speech, and other
First Amendment activity, on and in the vicinity of the Duval County Courthouse
grounds.
2.

Absent a temporary restraining order, Plaintiffs risk immediate and

irreparable injury, resulting from the deprivation of their First Amendment rights.
3.

Plaintiffs have a substantially likelihood of success on the merits of

their claims, and they have no adequate remedy at law.
4.

Herewith, Plaintiffs have filed sworn verifications of Mr. Covenant

and Mr. Gray, as well as a memorandum of law in support of a temporary
restraining order, and a proposed temporary restraining order.
5.

Pursuant to FED. R. CIV. P. 65(b)(b)(1)(B), Plaintiffs, through the

undersigned Counsel, have provided notice to Defendants that Plaintiffs intend to

 
  

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 seek a temporary restraining order. Plaintiffs, through the undersigned Counsel,
have provided copies of all filed documents to Defendants2 via electronic mail.
6.

Plaintiffs respectfully state that this Court should issue a temporary

restraining order without requiring Plaintiffs to post security. Whereas Plaintiffs
have suffered and will continue to suffer irreparable harm by virtue of AO 2015-3,
Defendants will not sustain any costs or damages from the entry of the requested
temporary restraining order.
7.

Plaintiffs seek a temporary restraining order in the form attached as

Exhibit A as the Proposed Order.
8.

Plaintiffs timely sought relief for a temporary restraining order.

Plaintiffs were notified of AO 2015-3 on July 2, 2015 and promptly attempted to
find appropriate Counsel who was willing and able to bring the instant action.
9.

Plaintiffs have not previously applied for similar relief in any

proceeding against Defendants regarding the conduct alleged herein or in the
Complaint.
10.

Plaintiffs respectfully request the entry of an order to show cause why

a preliminary injunction should not be granted to maintain the status quo during the
pendency of this Court’s consideration of the Complaint.
 
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
   
  
2 
  Plaintiffs, 
  through 
  the 
  undersigned 
  Counsel, 
  provided 
  these 
  documents 
  to 
  Jason 
  Gabriel, 
  
Esq., 
  General 
  Counsel 
  of 
  the 
  Consolidated 
  City 
  of 
  Jacksonville, 
  in 
  lieu 
  of 
  sending 
  them 
  to 
  
Sheriff 
  Williams. 
   
  However, 
  Plaintiffs, 
  through 
  the 
  undersigned 
  Counsel, 
  provided 
  these 
  
documents 
  directly 
  to 
  Chief 
  Judge 
  Mahon 
  via 
  electronic 
  mail. 
  
 
  

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 WHEREFORE, Plaintiffs respectfully request the following:
(a)

the entry of a temporary restraining order, enjoining the enforcement
of AO 2015-3,

(b)

the issuance of an order to show cause why a preliminary injunction
should not be granted to maintain the status quo during the pendency
of this action, and

(c)

such other and further relief as this Honorable Court deems just and
proper.

Respectfully submitted July 7, 2015, by:

The Bonderud Law Firm, P.A.
/s/ Andrew Bonderud
Andrew M. Bonderud, Esq.
Florida Bar No. 102178
TRIAL COUNSEL
814 A1A North, Suite 202
Ponte Vedra Beach, FL 32082
904-438-8082 (telephone)
904-800-1482 (facsimile)
E-Mail: BonderudLaw@gmail.com
Attorney for Plaintiffs 
  

 
  

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