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Judge Will Not Hear Disney vs. DeSantis Dismissal Case Until Recusal is Decided

Disney opposes DeSantis Dismissal

On April 26, The Walt Disney Company threw one heck of a punch in its fight against Florida Governor Ron DeSantis. Disney got fed up with the governor going after them and they filed a lawsuit. In addition to suing Governor DeSantis, Disney also filed a lawsuit against the Central Florida Tourism Committee. The Committee is the new board hand-picked by DeSantis to oversee the Reedy Creek Improvement District. Disney is claiming that the Governor, Florida lawmakers, and the board are retaliating against them. DeSantis has said that the lawsuit is a political move by Disney. The Tourism Committee is countersuing Disney.

DeSantis calls out Disney in public plays nice in private

Credit: ABC

At this point, Disney has asked Chief Judge Mark Wallace to dismiss the lawsuit brought by the Tourism Committee. The company said that the lawsuit was “moot” since DeSantis signed a bill voiding all deals made by the Reedy Creek board before it was disbanded. DeSantis’s legal team has also asked the judge to recuse himself, questioning his impartiality.

Now, the federal judge has said that any motions filed by both sides will not be heard until the recusal matter is decided.

In a new filing in Disney v DeSantis, Judge Mark Walker says the court “will take no action” on yesterday’s proposed briefing schedule and “forthcoming motions to dismiss” until the court rules on the pending motion filed by DeSantis to disqualify Walker from overseeing the case.

The judge is essentially saying – we need to figure out the request from last week first.

Last week: DeSantis filed a motion to disqualify judge storage.courtlistener.com/recap/gov.usco

Yesterday: Proposed briefing schedule and forthcoming motions to dismiss. storage.courtlistener.com/recap/gov.usco

According to the legal paperwork filed, a schedule to hear the motions to dismiss had been filed.

However, Federal Judge Wallace cannot decide on the dismissal motions if he is not going to be the judge on the case. We do not know how the recusal request filed by DeSantis will go. A judge is only required to recuse himself or herself if a reasonable person would find themselves unable to confidently believe that the judge is actually impartial. The judge could also turn the recusal request over to another judge. That judge could then decide if Judge Wallace should recuse himself.

Disney World District

Credit: Governor Ron DeSantis

Right now, we don’t know how far these lawsuits will go. Neither side is showing any signs of backing down. Disney’s lawsuit against DeSantis has already cost $6 million, and that number will continue to climb as long as no agreement is made.

About Krysten Swensen

A born and bred New England girl living the Disney life in Southern California. I love to read, to watch The Golden Girls, and love everything to do with Disney and Universal. I also love to share daily doses of Disney on my Disney Instagram @BrazzleDazzleDisney!

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