Johnson v. Flagler County School District
Plaintiff: Reba Johnson
Defendant: Flagler County School District
Case Number: 3:2021cv00995
Filed: October 5, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Patricia D Barksdale
Referring Judge: Marcia Morales Howard
Nature of Suit: Civil Rights: Education
Cause of Action: 20 U.S.C. § 1401
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 1, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 2, 2021 Opinion or Order Filing 24 ENDORSED ORDER granting #23 Joint Motion for Continuance of Pre-Trial and Trial Deadlines Pending Resolution of the Parties' Motion for Entry of Consent Decree. The final pretrial conference set for December 6, 2021, at 4:00 p.m. and the trial set for December 15, 2021 are cancelled and will be reset upon further order of the Court, if necessary. Signed by Judge Marcia Morales Howard on 12/2/2021. (JW)
December 1, 2021 Filing 23 Joint MOTION to Continue Pre-Trial and Trial Deadlines Pending Resolution of the Parties' Motion for Entry of Consent Decree (Doc. 22) by Reba Johnson. (Golembiewski, Kevin)
November 23, 2021 Filing 22 JOINT MOTION for Entry of Consent Decree and Order and Supporting Memorandum of Law by Reba Johnson. (Attachments: #1 Appendix Consent Decree)(Golembiewski, Kevin) (Modified on 11/23/2021, to edit text) (BGR).
November 5, 2021 Filing 21 Defendant's ANSWER and affirmative defenses to #1 Complaint for Declaratory and Injunctive Relief by Flagler County School District.(Augspurger, Lisa)
November 5, 2021 Filing 20 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. cindyrprfcrr@gmail.com (CLP)
November 5, 2021 Filing 19 TRANSCRIPT of Preliminary Injunction Hearing held on November 2, 2021 before Judge Marcia Morales Howard. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 903-301-6843; cindyrprfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 11/26/2021 Redacted Transcript Deadline set for 12/6/2021 Release of Transcript Restriction set for 2/3/2022. (CLP) (BGR). (Modified on 11/5/2021, corrected transcript pdf attached) (BGR).
November 2, 2021 Filing 18 Minute Entry. In Person Proceedings held before Judge Marcia Morales Howard: PRELIMINARY INJUNCTION HEARING held on 11/2/2021; denying #12 Defendant's Motion to Dismiss. Answer due by 1:00 p.m. on November 5, 2021. A final pretrial conference is set for December 6, 2021, at 4:00 p.m. Joint pretrial stipulation due November 30, 2021. The parties shall hold December 15-17, 2021 for trial. Court Reporter: Cindy Packevicz Jarriel (JW)
October 29, 2021 Filing 17 NOTICE of Correction re #15 Reply to Response to Motion by Reba Johnson (Golembiewski, Kevin) (Modified on 11/1/2021, to edit text) (BGR).
October 26, 2021 Filing 16 NOTICE by Reba Johnson re #14 Order Parties conferred and do not agree to an expedited settlement conference (Golembiewski, Kevin)
October 26, 2021 Filing 15 REPLY in Support re #6 Emergency MOTION for Preliminary Injunction filed by Reba Johnson. (Attachments: #1 Exhibit A - Roman Declaration, #2 Exhibit B - Clerk Email, #3 Exhibit C - Ruiz Declaration, #4 Exhibit D - Reiter Declaration, #5 Exhibit E - ESY Report)(Golembiewski, Kevin) (Modified on 10/26/2021, to edit text) (BGR).
October 22, 2021 Opinion or Order Filing 14 ORDER directing counsel to confer in good faith and, by October 26, 2021, jointly notify the Court whether both sides would like to proceed expeditiously to a settlement conference before a United States Magistrate Judge to try to resolve the dispute. If the answer is yes, counsel must provide weekdays between October 28 and November 12 when counsel and the parties are available. Signed by Magistrate Judge Patricia D. Barksdale on October 22, 2021. (ASL)
October 21, 2021 Filing 13 AFFIDAVIT of Dr. Martha von Mering re: #12 MOTION to Dismiss Complaint by Flagler County School District. (Augspurger, Lisa) (Modified on 10/22/2021, counsel notified to redact personal identifiers and refile doc) (BGR).
October 21, 2021 Filing 12 MOTION to Dismiss Complaint for Declaratory and Injunctive Relief and Memorandum in Opposition to the Motion for Preliminary Injunction by Flagler County School District. (Augspurger, Lisa) (Modified on 10/22/2021, to edit text) (BGR).
October 14, 2021 Filing 11 NOTICE of compliance re #10 Order Plaintiff has Served Order on Defendant by Reba Johnson (Golembiewski, Kevin)
October 14, 2021 Opinion or Order Filing 10 ORDERED: This matter is set for a hearing on #6 Plaintiff's Motion for Preliminary Injunction on Tuesday, November 2, 2021, at 2:00 p.m., before the undersigned. See Order for details and briefing schedule. Signed by Judge Marcia Morales Howard on 10/14/2021. (MHM)
October 13, 2021 Filing 9 NOTICE of compliance re #7 Order on Motion for Preliminary Injunction by Reba Johnson (Attachments: #1 Exhibit A - Defendant Consent to Service by Email)(Golembiewski, Kevin)
October 13, 2021 Filing 8 WAIVER of service returned executed on 10/11/2021 by Reba Johnson as to Flagler County School District. (Golembiewski, Kevin)
October 13, 2021 Opinion or Order Filing 7 ORDER taking under advisement #6 Motion for Preliminary Injunction and directing Plaintiff to promptly effect service of process on Defendant. See Order for details. Signed by Judge Marcia Morales Howard on 10/13/2021. (MHM)
October 13, 2021 Filing 6 Emergency MOTION for Preliminary Injunction by Reba Johnson. (Attachments: #1 Supplement Memorandum of Law, #2 Text of Proposed Order Proposed Order, #3 Exhibit A - Johnson Declaration, #4 Exhibit B - Reiter Declaration, #5 Exhibit C - Mediation Agreement)(Golembiewski, Kevin)
October 12, 2021 Filing 5 SUMMONS issued as to Flagler County School District. (BGR)
October 9, 2021 Filing 4 PROPOSED summons to be issued by Reba Johnson. (Golembiewski, Kevin)
October 6, 2021 Filing 3 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW)
October 5, 2021 Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Patricia D. Barksdale. New case number: 3:21-cv-0995-MMH-PDB. (SJB)
October 5, 2021 Filing 1 COMPLAINT for Declaratory and Injunctive Relief against Flagler County School District (Filing fee $ 402 receipt number BFLMDC-18783805) filed by Reba Johnson. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A (Due Process Complaint), #3 Exhibit B (IDEA Mediation Agreement))(Golembiewski, Kevin)

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Plaintiff: Reba Johnson
Represented By: Kevin Andrew Golembiewski
Represented By: Gina Fabiano
Represented By: Jatinique Randle
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Defendant: Flagler County School District
Represented By: Kristy J. Gavin
Represented By: Lisa J. Augspurger
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