Judith Hayes, et al v. Governor of the State of Florida, et al
| JUDITH ANNE HAYES, Individually and on behalf of W.H., a minor,, EREN DOOLEY, Individually and on behalf of G.D., a minor,, KRISTEN THOMPSON, Individually and on behalf of P.T., a minor,, ROBYN MCCARTHY, Individually and on behalf of L.M., a minor,, AMANDA BANEK, Individually and on behalf of D.B. and B.B, minor children,, KAS ARONE-MILLER, Individually and on behalf of R.M. and L.M., Minor children,, ALISHA TODD, Individually and on behalf of J.T, a minor,, JAMIE KINDER, Individually and on behalf of R.K., a minor,, CHRIS RODRIGUEZ, Individually and on behalf of J.D.-F., a minor,, JACK KOCH, Individually and on behalf of R.K, B.K., and A.K., minor children,, TOM COLLINS, Individually and on behalf of Q.C., a minor, and JOHN MCCARTHY, Individually and on behalf of L.M., a minor, |
| GOVERNOR OF THE STATE OF FLORIDA, FLORIDA DEPARTMENT OF EDUCATION, COMMISSIONER, ORANGE COUNTY SCHOOL BOARD, MIAMI DADE COUNTY SCHOOL BOARD, HILLSBOROUGH COUNTY SCHOOL BOARD, PALM BEACH COUNTY SCHOOL DISTRICT, BROWARD COUNTY SCHOOL BOARD, PASCO COUNTY SCHOOL BOARD, ALACHUA COUNTY SCHOOL BOARD and VOLUSIA COUNTY SCHOOL BOARD |
| AMERICAN ACADEMY OF PEDIATRICS and FLORIDA CHAPTER OF THE AMERICAN ACADEMY OF PEDIATRICS, INC. |
| COUNCIL OF PARENT ATTORNEYS AND ADVOCATES, INC. |
| 21-13409 |
| October 4, 2021 |
| U.S. Court of Appeals, Eleventh Circuit |
| Other |
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| MOTION JOINT MOTION TO EXCUSE SCHOOL BOARDS FROM APPELLATE BRIEFING AND ORAL ARGUMENT filed by Alachua County School Board. Opposition to Motion is Unknown. [9540214-1] [21-13409] (ECF: Natasha Mickens) [Entered: 11/24/2021 04:58 PM] |
| Received paper copies of EAppendix filed by Appellants Kas Arone-Miller, Amanda Banek, Tom Collins, Eren Dooley, Judith Anne Hayes, Jamie Kinder, Jack Koch, John McCarthy, Robyn McCarthy, Chris Rodriguez, Kristen Thompson and Alisha Todd. 4 VOLUMES - 2 COPIES [Entered: 11/29/2021 10:12 AM] |
| Appendix filed [4 VOLUMES] by Appellants Judith Anne Hayes, Kas Arone-Miller, Amanda Banek, Tom Collins, Eren Dooley, Jamie Kinder, Jack Koch, John McCarthy, Robyn McCarthy, Chris Rodriguez, Kristen Thompson and Alisha Todd. [21-13409] (ECF: Monica Haymond) [Entered: 11/22/2021 01:58 PM] |
| MOTION to file amicus brief pursuant to FRAP 29(a) filed by Ellen Saideman, Council of Parent Attorneys and Advocates, Inc.. [9537853-1] [21-13409] (ECF: Ellen Saideman) [Entered: 11/22/2021 04:41 PM] |
| APPEARANCE of Counsel Form filed by Ellen Saideman, Attorneys for Amicus Curiae Council of Parent Attorneys and Advocates, Inc. [21-13409] (ECF: Ellen Saideman) [Entered: 11/22/2021 04:43 PM] |
ORDER: The Motion of Florida Chapter of American Academy of Pediatrics and American Academy of Pediatrics for Leave to File as Amici Curiae in Support of Plaintiffs-Appellants Motion for an Injunction Pending Appeal is GRANTED. [ # 9505549-2 ]; Appellants Motion for Injunction Pending Appeal is DENIED, IN PART, to the extent it seeks an injunction pending appeal. The motion is GRANTED, IN PART, in that the Court sets the following briefing schedule: Appellants initial brief remains due on November 15, 2021, with the appendix due 7 days after the initial brief is filed. Appellees response brief is due within 21 days after the date Appellants file their initial brief. Appellants reply brief is due 21 days after Appellees file their response brief. [ # 9502586-2 ] The Clerk is DIRECTED to place this appeal on the next available oral argument calendar. CRW, BCG and RJL (See attached order for complete text) [Entered: 11/17/2021 03:54 PM]
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| Amicus Brief filed by Amici Curiae American Academy of Pediatrics and Florida Chapter of the American Academy of Pediatrics, Inc.. Service date: 10/13/2021 email - Attorney for Amici Curiae: Dubner, Spence; Attorney for Appellants: Dietz, Haymond; Attorney for Appellees: Burke, Delaney, Elias, Fahey, Garcia, Garcia, Gardner, Gill, Madrigal, Margolin, Marken, Mickens, Mohr, Peifer, Pitsch, Testani, Treadwell, Yoon; US mail - Attorney for Appellant: Langer; Attorney for Appellees: Alfonso, Bell, Carmona, Christiansen, Doran, Kamoutsas, Pincus, Wolfe. [Entered: 11/17/2021 04:00 PM] |
| Received paper copies of EBrief filed by Appellants Kas Arone-Miller, Amanda Banek, Tom Collins, Eren Dooley, Judith Anne Hayes, Jamie Kinder, Jack Koch, John McCarthy, Robyn McCarthy, Chris Rodriguez, Kristen Thompson and Alisha Todd. [Entered: 11/18/2021 03:32 PM] |
| Assigned to tentative calendar number 11 in Miami during the week of February 7, 2022. [Entered: 11/17/2021 04:32 PM] |
| Notice to Counsel of Record. Counsel of Record must be logged in to CM/ECF and Pacer to access this document. This is the only notice you will receive regarding this matter. Please print a copy for your file. [Entered: 11/16/2021 12:07 PM] |
| Appellant's brief filed by Judith Anne Hayes, Kas Arone-Miller, Amanda Banek, Tom Collins, Eren Dooley, Jamie Kinder, Jack Koch, John McCarthy, Robyn McCarthy, Chris Rodriguez, Kristen Thompson and Alisha Todd. [21-13409] (ECF: Monica Haymond) [Entered: 11/15/2021 06:06 PM] |
| Civil Appeal Statement filed by Attorney Monica L. Haymond for Appellants Chris Rodriguez, Judith Anne Hayes, Robyn McCarthy, John McCarthy, Amanda Banek, Kas Arone-Miller, Alisha Todd, Jamie Kinder, Jack Koch, Kristen Thompson, Eren Dooley and Tom Collins. [Entered: 11/09/2021 12:01 PM] |
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ORDER: Motion for Leave to File Civil Appeal Statement Out of Time filed by Appellants Chris Rodriguez, Judith Anne Hayes, Robyn McCarthy, John McCarthy, Amanda Banek, Kas Arone-Miller, Alisha Todd, Jamie Kinder, Jack Koch, Kristen Thompson, Eren Dooley and Tom Collins is GRANTED by clerk. [ # 9517055-2 ] [Entered: 11/09/2021 11:58 AM]
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| Supplemental Authority filed by Appellants Judith Anne Hayes, Robyn McCarthy, John McCarthy, Amanda Banek, Kas Arone-Miller, Alisha Todd, Jamie Kinder, Chris Rodriguez, Jack Koch, Kristen Thompson, Eren Dooley and Tom Collins. [21-13409] (ECF: Monica Haymond) [Entered: 11/08/2021 04:15 PM] |
| APPEARANCE of Counsel Form filed by [21-13409] (ECF: Natasha Mickens) [Entered: 11/03/2021 04:52 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Mr. Jordan Madrigal for Appellee Miami Dade County School Board. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-13409] (ECF: Jordan Madrigal) [Entered: 11/02/2021 03:49 PM] |
| APPEARANCE of Counsel Form filed by Jordan A. Madrigal for the School Board of Miami-Dade County, Florida [21-13409] (ECF: Jordan Madrigal) [Entered: 11/02/2021 03:47 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Sean Fahey representing School Board of Palm Beach County, Florida Attorney Sean Fahey for Appellee Palm Beach County School District. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-13409] (ECF: Sean Fahey) [Entered: 11/01/2021 01:18 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Amy Pitsch for Appellee Orange County School Board. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-13409] (ECF: Amy Pitsch) [Entered: 11/01/2021 04:16 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by David M. Delaney for School Board of Alachua County. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-13409] (ECF: David Delaney) [Entered: 11/01/2021 04:07 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Christine B. Gardner, counsel for The School Board of Hillsborough County Attorney Christine Gardner for Appellee Hillsborough County School Board. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-13409] (ECF: Christine Gardner) [Entered: 11/01/2021 04:46 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Carol Yoon for Appellee Volusia County School Board. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-13409] (ECF: Carol Yoon) [Entered: 10/29/2021 10:45 AM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Attorney Michael Thomas Burke for Appellee Broward County School Board. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-13409] (ECF: Michael Burke) [Entered: 10/28/2021 03:21 PM] |
| APPEARANCE of Counsel Form filed by Michael Thomas Burke for Broward County School Board. [21-13409] (ECF: Michael Burke) [Entered: 10/28/2021 03:17 PM] |
| Corrected Motion for Leave to File Out of Time [ # 9517055-2 ] filed by Appellants Judith Anne Hayes, Robyn McCarthy, John McCarthy, Amanda Banek, Kas Arone-Miller, Alisha Todd, Jamie Kinder, Chris Rodriguez, Jack Koch, Kristen Thompson, Eren Dooley and Tom Collins. [21-13409] (ECF: Monica Haymond) [Entered: 10/27/2021 04:40 PM] |
| Notice of deficient motion to file civil appeal statement out of time. The page before the civil appeal statement labeled "Exhibit A" should be removed. Please file a corrected motion within 3 days from this date. [Entered: 10/27/2021 03:55 PM] |
| MOTION for leave to file Civil Appeal Statement out of time filed by Judith Anne Hayes, Robyn McCarthy, John McCarthy, Amanda Banek, Kas Arone-Miller, Alisha Todd, Jamie Kinder, Chris Rodriguez, Jack Koch, Kristen Thompson, Eren Dooley and Tom Collins. Opposition to Motion is Unknown. [9517055-1] [21-13409] (ECF: Monica Haymond) [Entered: 10/27/2021 03:00 PM] |
| Attorney Monica L. Haymond for Appellants Chris Rodriguez, Judith Anne Hayes, Robyn McCarthy, John McCarthy, Amanda Banek, Kas Arone-Miller, Alisha Todd, Jamie Kinder, Jack Koch, Kristen Thompson, Eren Dooley and Tom Collins has been notified that upon expiration of fourteen (14) days from this date, this appeal will be dismissed by the clerk without further notice unless the required Motion for leave to file Civil Appeal Statement out of time with the complete civil appeal statement attached to the motion as an exhibit is filed. [Entered: 10/26/2021 05:39 PM] |
| APPEARANCE of Counsel Form filed by [21-13409] (ECF: David Delaney) [Entered: 10/25/2021 11:05 AM] |
| Reply to response filed by Appellants Judith Anne Hayes, Robyn McCarthy, John McCarthy, Amanda Banek, Kas Arone-Miller, Alisha Todd, Jamie Kinder, Chris Rodriguez, Jack Koch, Kristen Thompson, Eren Dooley and Tom Collins. [21-13409] (ECF: Monica Haymond) [Entered: 10/25/2021 02:19 PM] |
| APPEARANCE of Counsel Form filed by Amy Pitsch for Orange County School Board. [21-13409] (ECF: Amy Pitsch) [Entered: 10/25/2021 03:53 PM] |
| APPEARANCE of Counsel Form filed by Orange County School Board Susana Cristina Garcia for Orange County School Board. [21-13409] (ECF: Susana Garcia) [Entered: 10/25/2021 02:19 PM] |
| APPEARANCE of Counsel Form filed by Sean Fahey, School Board of Palm Beach County Sean Fahey for Palm Beach County School District. [21-13409] (ECF: Sean Fahey) [Entered: 10/20/2021 04:36 PM] |
| RESPONSE to Motion for injunction pending appeal filed by Appellants Judith Anne Hayes, Robyn McCarthy, John McCarthy, Amanda Banek, Kas Arone-Miller, Alisha Todd, Jamie Kinder, Chris Rodriguez, Jack Koch, Kristen Thompson, Eren Dooley and Tom Collins [ # 9502586-2 ] filed by Attorney Rocco Eugene Testani for Appellees Commissioner, Florida Department of Education and Governor of the State of Florida. [21-13409] (ECF: Rocco Testani) [Entered: 10/18/2021 05:48 PM] |
| APPEARANCE of Counsel Form filed by Rocco Eugene Testani for Commissioner, Florida Department of Education and Governor of the State of Florida. [21-13409] (ECF: Rocco Testani) [Entered: 10/18/2021 01:03 PM] |
| RESPONSE to Motion for leave to file amicus brief [ # 9505549-2 ] filed by Attorney Rocco Eugene Testani for Appellees Commissioner, Florida Department of Education and Governor of the State of Florida. [21-13409] (ECF: Rocco Testani) [Entered: 10/18/2021 05:52 PM] |
| APPEARANCE of Counsel Form filed by Christine B. Gardner for Hillsborough County School Board [21-13409] (ECF: Christine Gardner) [Entered: 10/15/2021 02:11 PM] |
| TRANSCRIPT INFORMATION FORM SUBMITTED by Attorney Monica L. Haymond for Appellants Kas Arone-Miller, Amanda Banek, Tom Collins, Eren Dooley, Judith Anne Hayes, Jamie Kinder, Jack Koch, John McCarthy, Robyn McCarthy, Chris Rodriguez, Kristen Thompson and Alisha Todd. All necessary transcript(s) are on file. [21-13409] (ECF: Monica Haymond) [Entered: 10/15/2021 02:43 PM] |
| APPEARANCE of Counsel Form filed by Carol Yoon for Volusia County School Board. [21-13409] (ECF: Carol Yoon) [Entered: 10/13/2021 03:35 PM] |
| APPEARANCE of Counsel Form filed by Jeffrey Dubner for Amici - The American Academy of Pediatrics and the Florida Chapter of the American Academy of Pediatrics [21-13409] (ECF: Jeffrey Dubner) [Entered: 10/13/2021 03:32 PM] |
| APPEARANCE of Counsel Form filed by Jason L. Margolin for Hillsborough County School Board [21-13409] (ECF: Jason Margolin) [Entered: 10/13/2021 02:53 PM] |
| APPEARANCE of Counsel Form filed by Zarra Elias for Hillsborough County School Board [21-13409] (ECF: Zarra Elias) [Entered: 10/13/2021 03:52 PM] |
| APPEARANCE of Counsel Form filed by Samara Spence for Amici, American Academy of Pediatrics and the Florida Chapter of the American Academy of Pediatrics [21-13409] (ECF: Samara Spence) [Entered: 10/13/2021 04:09 PM] |
| MOTION to file amicus brief pursuant to FRAP 29(a) filed by Jeffrey Dubner for Amici, American Academy of Pediatrics and the Florida Chapter of the American Academy of Pediatrics. [9505549-1] [21-13409] (ECF: Jeffrey Dubner) [Entered: 10/13/2021 03:55 PM] |
| Certificate of Interested Persons and Corporate Disclosure Statement filed by Monica Haymond for Judith Anne Hayes; Robyn McCarthy; John McCarthy; Amanda Banek; Kas Arone-Miller; Alisha Todd; Jamie Kinder; Chris Rodriguez; Jack Koch; Kristen Thompson; Eren Dooley; Tom Collins. On the same day the CIP is served, any filer represented by counsel must also complete the court's web-based stock ticker symbol certificate at the link here http://www.ca11.uscourts.gov/web-based-cip or on the court's website. See 11th Cir. R. 26.1-1(b). [21-13409] (ECF: Monica Haymond) [Entered: 10/07/2021 03:07 PM] |
| MOTION for injunction pending appeal filed by Judith Anne Hayes, Robyn McCarthy, John McCarthy, Amanda Banek, Kas Arone-Miller, Alisha Todd, Jamie Kinder, Chris Rodriguez, Jack Koch, Kristen Thompson, Eren Dooley and Tom Collins. Opposition to Motion is Unknown. [9502586-1] [21-13409] (ECF: Monica Haymond) [Entered: 10/07/2021 04:25 PM] |
| APPEARANCE of Counsel Form filed by Monica Haymond for Judith Anne Hayes; Robyn McCarthy; John McCarthy; Amanda Banek; Kas Arone-Miller; Alisha Todd; Jamie Kinder; Chris Rodriguez; Jack Koch; Kristen Thompson; Eren Dooley; Tom Collins [21-13409] (ECF: Monica Haymond) [Entered: 10/07/2021 03:05 PM] |
| CIVIL APPEAL DOCKETED. Notice of appeal filed by Appellants Kas Arone-Miller, Amanda Banek, Tom Collins, Eren Dooley, Judith Anne Hayes, Jamie Kinder, Jack Koch, John McCarthy, Robyn McCarthy, Chris Rodriguez, Kristen Thompson and Alisha Todd on 10/04/2021. Fee Status: Fee Paid. No hearings to be transcribed. The appellant's brief is due on or before 11/15/2021. The appendix is due no later than 7 days from the filing of the appellant's brief. Awaiting Appellant's Certificate of Interested Persons due on or before 10/18/2021 as to Appellant Judith Anne Hayes. Awaiting Appellee's Certificate of Interested Persons due on or before 11/01/2021 as to Appellees Alachua County School Board, Broward County School Board, Commissioner of the Florida Department of Education, Florida Department of Education, Governor of the State of Florida, Hillsborough County School Board, Miami Dade County School Board, Orange County School Board, Palm Beach School Board, Pasco County School Board and Volusia County School Board [Entered: 10/07/2021 02:34 PM] |
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