Florida Governor Ron DeSantis files motion to disqualify judge in Disney's federal lawsuit

May 19, 2023 in "Reedy Creek Improvement District"

Posted: Friday May 19, 2023 4:48pm ET by WDWMAGIC Staff

Florida Governor Ron DeSantis is attempting to remove Chief Judge Mark E. Walker from presiding over Disney's federal lawsuit against DeSantis and the Central Florida Tourism Oversight District regarding the state's retaliatory actions again Disney.

In the motion filed today, DeSantis claims that Walker should disqualify himself from the case to "prevent even the appearance of impropriety."

The claim relates to two unrelated cases where the Court offered "Disney" as an example of state retaliation.

Walker was nominated to serve as district judge for the United States District Court for the Northern District of Florida by President Barack Obama in 2012 and became chief judge in June 2018.

You can read the full motion here and the opening comments below.

Defendants move to disqualify Chief Judge Mark E. Walker (the Court) under 28 U.S.C. § 455(a) because the Court's impartiality in this matter might reasonably be questioned. This case involves claims that Defendants retaliated against Walt Disney Parks and Resorts U.S., Inc. based on Disney's viewpoints. Yet two previous times, in two unrelated cases, the Court sua sponte offered "Disney" as an example
of state retaliation. Those remarks—each derived from extrajudicial sources—were on the record, in open Court, and could reasonably imply that the Court has prejudged the retaliation question here. Because that question is now before this Court, and because that question involves highly publicized matters of great interest to Florida's citizens, the Court should disqualify itself to prevent even the appearance of impro-
priety.

Discuss on the Forums

Get Walt Disney World News Delivered to Your Inbox

View all comments →

Stripes1 minute ago

I think the hint is in Jeff Vahle’s statement. DeSantis and Disney worked out a deal. That’s why we’ve seen so much change recently at the district. “We are pleased to put an end to all litigation pending in state court in Florida between Disney and the Central Florida Tourism Oversight District. This agreement opens a new chapter of constructive engagement with the new leadership of the district and serves the interests of all parties by enabling significant continued investment and the creation of thousands of direct and indirect jobs and economic opportunity in the State.” -Jeff Vahle, Walt Disney World Resort President

lazyboy97o9 minutes ago

I would still genuinely like an explanation for how this ensures anything for Disney. If they don’t get a new agreement then they’re back to waiting years for a resolution while local conditions are able to deteriorate.

mikejs7816 minutes ago

Believe it or not, I wasn't talking about you. At the moment you appear quite sane in comparison. 😆

mikejs7817 minutes ago

So here is where I think you are right. The case was a quagmire - CFTOD dragged its feet on discovery, and we were looking at a hearing on a motion for summary judgement later this year. There would likely be other motions after that, before even getting to trial. A trial at this point was looking to be mid next year at the earliest. Add appeals and we were looking at 2027 at least before this case was resolved. Disney can't afford to wait that long given their development plans. They need certainty around their operating model, and they need a district they can work with. So they did capitulate on the lawsuit for that reason. Not because their case was necessarily weak, but that protracted legal uncertainty was bad for business. They did capitulate, but on the condition of negotiations for a new development agreement. They are keeping the federal case open as a means of ensuring that a new agreement gets done. Remember, Disney wasn't going to fight the Reedy Creek loss, it was only when the development agreement was terminated that they did. They also didn't want a state trial - they tried to get that dismissed. They made a pragmatic decision to resolve quickly rather than fight for years in state court.

Sirwalterraleigh22 minutes ago

…winner

Sirwalterraleigh23 minutes ago

…I’m allergic to woodwork…thank you very much

mikejs7824 minutes ago

Wow the crazies are coming out of the woodwork.

Sirwalterraleigh26 minutes ago

Nah…way too big of an undertaking for them Maybe when it takes them less than 5 years to build an underwhelming miniland with two bad rides and rockwork nobody gives a &&@! About? Right after that

Sirwalterraleigh27 minutes ago

A week ago I would have agreed with you completely…now I think it’s gonna be a lot closer than we think He’s saying the one word that investors who care not for “magic” perk up to: “underperforming”

JoeCamel36 minutes ago

That was last month's outrage He has "moved on"......

lazyboy97o1 hour ago

How long until we get to Disney somehow being behind taking down the Key Bridge?

Cliff1 hour ago

Interesting! I have a feeling that many Disney and RCID (current or past) employees are breathing a sigh of relief this week. Especially people's names that are all over Disney and RCID email communications over the years. I could imaging them saying: "It's not my fault, I was only doing what the company wanted me to do. It was my job" Yeah,..this ending is a good one for soooo many people.

commandorabbit1 hour ago

Its because California is the republican boogeyman.

Just JBC1 hour ago

This was the first thing I thought when I read the settlement. It appears to absolve Reedy Creek of any/all malfeasance that may have occurred during the prior administration. And since we know that the Board consisted of "landowners" who Disney trusted enough to (temporarily) sell land in the company controlled cities, there may have been an indemnity clause that would protect those favored employees if they were sued in their capacity as a Reedy Creek Board member. From the investigative witch hunt, it did look like giving employees "free" Disney passes and discounts should have become a taxable perk once the value of those passes were no longer de minimus (so probably around 15-20 years ago). There were also allegations of improper/inadequate record keeping (which seems extra rich considering the current discovery disputes). That liability risk seemed like the biggest thing that Disney gained from this settlement. It will be interesting to see what happens going forward, especially now that so many of the prior employees have left.