Speech First, Inc. v. Cartwright
| Speech First, Inc. |
| Harold Mills, Angela Williams, Beverly Seay, Reshawna Chapple, Sabrina La Rosa, Caryl McAlpin, Jeff Condello, Michael Preston, Joseph Harrington, John Sprouis, Michael Okaty, Tiffany Altizer, Andrea L. Snead, Joseph Conte, Dana Juntenen, Jillian Sturdivant, Ken Bradley, Bill Christy, Alexander Cartwright, Matthew Hall, Christina Khan, Ronnie Korosec, Shane Land, Edwanna Andrews, Michelle Fitzgerald, Danny Gaekwad, Kerry Welch and James Mangan |
| 6:2021cv00313 |
| February 16, 2021 |
| US District Court for the Middle District of Florida |
| David A Baker |
| Gregory J Kelly |
| Gregory A Presnell |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on September 26, 2022. A more recent docket listing may be available from PACER.
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Filing 65
ORDER dismissing case with prejudice re #64 Stipulation of Dismissal. The Clerk is directed to close the case. Signed by Judge Gregory A. Presnell on 9/26/2022. (LAM)
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| Filing 64 STIPULATION of Dismissal by Speech First, Inc. (Norris, Cameron) Modified on 9/26/2022 to edit docket text (KNC). |
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Filing 63
ENDORSED ORDER re #62 Status Report. The request made in the status report for an additional 14 days' stay to finalize the settlement is GRANTED. Signed by Judge Gregory A. Presnell on 9/20/2022. (LAM)
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| Filing 62 STATUS report by Speech First, Inc. (Norris, Cameron) Modified on 9/12/2022 to edit docket text (KNC). |
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Filing 61
ORDER granting #60 Motion to Suspend Deadlines. All pending deadlines in this case are stayed until further order of the Court. The parties shall file a joint notice of status sixty days from the date of this order if they have not resolved this case by then. Signed by Judge Gregory A. Presnell on 7/14/2022. (AMP)
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| Filing 60 Consent MOTION for Miscellaneous Relief, specifically Suspend Trial Court Deadlines by 60 Days by Alexander Cartwright. (Appelbaum, Steven) |
| Case Stay Lifted. (KNC) |
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Filing 59
ORDER on #58 USCA Mandate. The stay in this case is hereby lifted. Until further order of the Court, Defendant is enjoined from enforcing the University of Central Florida's Discriminatory Harassment Policy as identified in the University of Central Florida's handbook as Policy 2-004.2(IV)(B). Within 21 days of the date of this order, Plaintiff shall file a brief, not to exceed 20 pages, regarding its entitlement to a preliminary injunction of the University of Central Florida's bias-related-incidents policy. 14 days thereafter, Defendant may file a 15 page response. Signed by Judge Gregory A. Presnell on 7/12/2022. (AMP)
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| Filing 58 MANDATE of USCA as to #49 Notice of Appeal filed by Speech First, Inc. Issued as Mandate: 7/7/2022 USCA number: 21-12583. REVERSED in part, VACATED in part, and REMANDED. (TNP) |
| Filing 57 Case Reassigned to Magistrate Judge David A. Baker. New case number: 6:21-cv-313-GAP-DAB. US Magistrate Judge Gregory J Kelly no longer assigned to the case. (SJB) |
| Filing 56 Corrected OPINION of USCA as to #49 Notice of Appeal filed by Speech First, Inc. EOD: 5/2/2022; Mandate to issue at a later date. USCA number: 21-12583. REVERSED in part, VACATED in part, and REMANDED. (TNP) |
| Filing 55 Amended OPINION/ORDER of USCA (Reversed in part, Vacated in part and Remanded.) as to #49 Notice of Appeal filed by Speech First, Inc. EOD: 5/2/2022; Mandate to issue at a later date. USCA number: 21-12583-DD. (LMF) |
| Filing 54 OPINION of USCA as to #49 Notice of Appeal filed by Speech First, Inc. EOD: 4/21/2022; Mandate to issue at a later date. USCA number: 21-12583. REVERSED in part, VACATED in part, and REMANDED. (TNP) |
| Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #49 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 21-12583 (TNP) |
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Filing 53
ENDORSED ORDER granting #52 Motion to Stay. This case is hereby stayed until further order of the Court. Signed by Judge Gregory A. Presnell on 8/24/2021. (AMP)
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| Filing 52 Joint MOTION to Stay All Proceedings in this Court Pending the Resolution of Speech First's Interlocutory Appeal by Speech First, Inc.. (Norris, Cameron) |
| Set/reset deadlines/hearings: Answer due by 8/25/2021. Case management report due by 9/10/2021 (MEJ) |
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Filing 51
ORDER directing filing of answer by August 25, 2021, and a case management report by September 10, 2021. Signed by Judge Gregory A. Presnell on 8/5/2021. (LAM)
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| Filing 50 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #49 Notice of Interlocutory Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (MEJ) |
| Filing 49 NOTICE OF INTERLOCUTORY APPEAL as to #46 Order on Motion for Preliminary Injunction by Speech First, Inc.. Filing fee $ 505, receipt number AFLMDC-18532988. (Norris, Cameron) Modified to include text on 7/30/2021 (MEJ). |
| Filing 48 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT, Doc 47. 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: Koretta Stanford. (KS) |
| Filing 47 TRANSCRIPT of Motion Hearing held on 05/17/21 before Judge Gregory A. Presnell. Court Reporter/Transcriber Koretta Stanford, stanarm2014@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 8/19/2021; Redacted Transcript Deadline set for 8/30/2021; Release of Transcript Restriction set for 10/27/2021. (KS) |
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Filing 46
ORDER granting in part and denying in part #3 Motion for Preliminary Injunction. Defendant is enjoined from enforcing the University of Central Florida's Use of Information Technologies and Resources Policy 4-002.2(B)(7)(b) until further order of the Court. In all other respects, the motion is denied. Signed by Judge Gregory A. Presnell on 7/29/2021. (AMP)
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| Filing 45 NOTICE of Filing Disqualification Waivers pursuant to Canon 3D. (Attachments: #1 Speech First, Inc. Waiver, #2 Cartwright Waiver)(ALL) |
| Filing 44 Minute Entry for motion proceedings held before Judge Gregory A. Presnell on 5/18/2021. Court Reporter: Koretta Stanford. (LAM) |
| Filing 43 NOTICE of Changed Policy by Speech First, Inc. (Norris, Cameron) Modified on 5/17/2021 (MEJ). |
| Filing 42 NOTICE TO COUNSEL: Please be advised that increased downtown Orlando traffic and limited parking is expected prior the 1:00 PM hearing scheduled Monday, May 17, due to graduation ceremonies being held at the nearby Amway Center. Counsel and their clients should plan their time and travels accordingly to ensure their timely appearance at the hearing. (LAM) |
| Filing 41 AMENDED NOTICE OF HEARING, amending 40 Notice of rescheduled hearing. The notice is amended only as to the length of the hearing. A total of one hour is now reserved for this proceeding. (LAM) |
| Filing 40 NOTICE OF RESCHEDULED HEARING. The non-evidentiary motion Hearing previously set for 5/10/2021 is rescheduled to 5/17/2021 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Two hours are reserved for this hearing. (LAM) |
| Filing 39 REPLY in Support of Motion re #3 MOTION for Preliminary Injunction filed by Speech First, Inc.. (Norris, Cameron) Modified text on 4/23/2021 (MEJ). |
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Filing 38
ENDORSED ORDER granting #37 Motion to File Excess Pages. Signed by Judge Gregory A. Presnell on 4/14/2021. (AMP)
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| Filing 37 Unopposed MOTION to File Excess Pages re: Reply i/s/o Motion for Preliminary Injunction by Speech First, Inc.. (Norris, Cameron) |
| Filing 36 RESPONSE to Motion re #3 MOTION for Preliminary Injunction filed by Alexander Cartwright. (Attachments: #1 Exhibit Gilmer Declaration, #2 Exhibit Welch Declaration, #3 Exhibit S. Juntunen Declaration, #4 Exhibit Otto Frame Declaration, #5 Exhibit Bishop Declaration, #6 Exhibit Zambri Declaration, #7 Exhibit La Rosa Declaration, #8 Exhibit Andrews Declaration, #9 Exhibit Vakhordjian Declaration, #10 Exhibit Myers Declaration, #11 Exhibit Preston Declaration, #12 Exhibit D. Juntunen Declaration)(Appelbaum, Steven) |
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Filing 35
ENDORSED ORDER granting in part #34 Motion to File Excess Pages. 30 pages are allowed for the response. Signed by Judge Gregory A. Presnell on 4/9/2021. (LAM)
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| Filing 34 MOTION to File Excess Pages for His Response to Plaintiff's Motion for Preliminary Injunctions by Alexander Cartwright. (Appelbaum, Steven) Modified on 4/9/2021 (MEJ). |
| Filing 33 NOTICE OF RESCHEDULING HEARING: The motion hearing previously scheduled for 4/26/2021 is rescheduled. New scheduling date and time: Motion Hearing reset for 5/10/2021 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (LAM) |
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Filing 32
ENDORSED ORDER granting in part and denying in part #31 Motion. The motion is granted as to the extension of deadlines as requested. The Court will continue the hearing to May 10, 2021, at 1:30 p.m. by separate notice. The request for the hearing to be held virtually is DENIED. Signed by Judge Gregory A. Presnell on 4/2/2021. (LAM)
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| Filing 31 Unopposed MOTION to Reset Deadlines and for a Virtual Hearing by Alexander Cartwright. (Appelbaum, Steven) Modified text on 4/2/2021 (TNP). |
| Filing 30 AMENDED COMPLAINT via Defendant's written consent against Alexander Cartwright filed by Speech First, Inc. (Norris, Cameron)Related Document: #1 Complaint Modified text to link Complaint on 3/29/2021 (MEJ). |
| Filing 29 NOTICE of a related action per Local Rule 1.07(c) by Speech First, Inc.. Related case(s): No (Norris, Cameron) |
| Filing 28 NOTICE by Speech First, Inc. of Pendency of Other Actions (Norris, Cameron) |
| Filing 27 CERTIFICATE of interested persons and corporate disclosure statement re #17 Interested persons order, #25 Order by Alexander Cartwright. (Appelbaum, Steven) |
| Filing 26 NOTICE by Alexander Cartwright OF PENDENCY OF OTHER ACTIONS (Appelbaum, Steven) |
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Filing 25
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Gregory A. Presnell on 3/1/2021. (DS)
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Filing 24
ORDER DISMISSING DEFENDANTS re #23 Stipulation of Dismissal. The Clerk is directed to terminate the dismissed defendants. Signed by Judge Gregory A. Presnell on 3/1/2021. (LAM)
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| Set/reset deadlines as to #3 MOTION for Preliminary Injunction . Responses due by 4/8/2021 (MEJ) |
| Filing 23 STIPULATION of Dismissal by Tiffany Altizer, Edwanna Andrews, Ken Bradley, Alexander Cartwright, Reshawna Chapple, Bill Christy, Jeff Condello, Joseph Conte, Michelle Fitzgerald, Danny Gaekwad, Matthew Hall, Joseph Harrington, Dana Juntenen, Christina Khan, Ronnie Korosec, Sabrina La Rosa, Shane Land, James Mangan, Caryl McAlpin, Harold Mills, Michael Okaty, Michael Preston, Beverly Seay, Andrea L. Snead, John Sprouis, Jillian Sturdivant, Kerry Welch, Angela Williams. (Appelbaum, Steven) |
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Filing 22
ENDORSED ORDER granting #13 MOTION FOR ADMISSION PRO HAC VICE AND WRITTEN DESIGNATION AND CONSENT TO ACT. Counsel shall register for and use the electronic filing system as adopted by the Court. Counsel can register for a CM/ECF login password through the website at www.flmd.uscourts.gov under "CM/ECF." Counsel must take the tutorial offered on the Middle District of Florida's website before using the CM/ECF system. Signed by Magistrate Judge Gregory J. Kelly on 2/26/2021. (HMK)
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Filing 21
ENDORSED ORDER granting #12 MOTION FOR ADMISSION PRO HAC VICEAND WRITTEN DESIGNATION AND CONSENT TO ACT. Counsel shall register for and use the electronic filing system as adopted by the Court. Counsel can register for a CM/ECF login password through the website at www.flmd.uscourts.gov under "CM/ECF." Counsel must take the tutorial offered on the Middle District of Florida's website before using the CM/ECF system. Signed by Magistrate Judge Gregory J. Kelly on 2/26/2021. (HMK)
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Filing 20
ENDORSED ORDER granting #11 MOTION FOR ADMISSION PRO HAC VICEAND WRITTEN DESIGNATION AND CONSENT TO ACT. Counsel shall register for and use the electronic filing system as adopted by the Court. Counsel can register for a CM/ECF login password through the website at www.flmd.uscourts.gov under "CM/ECF." Counsel must take the tutorial offered on the Middle District of Florida's website before using the CM/ECF system. Signed by Magistrate Judge Gregory J. Kelly on 2/26/2021. (HMK)
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Filing 19
ENDORSED ORDER granting #10 UNOPPOSED MOTION FOR ADMISSION PRO HACVICE, WRITTEN DESIGNATION AND CONSENT TO ACT. Counsel shall register for and use the electronic filing system as adopted by the Court. Counsel can register for a CM/ECF login password through the website at www.flmd.uscourts.gov under "CM/ECF." Counsel must take the tutorial offered on the Middle District of Florida's website before using the CM/ECF system. Signed by Magistrate Judge Gregory J. Kelly on 2/26/2021. (HMK)
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Filing 18
ENDORSED ORDER granting #9 UNOPPOSED MOTION FOR ADMISSION PRO HACVICE, WRITTEN DESIGNATION AND CONSENT TO ACT. Counsel shall register for and use the electronic filing system as adopted by the Court. Counsel can register for a CM/ECF login password through the website at www.flmd.uscourts.gov under "CM/ECF." Counsel must take the tutorial offered on the Middle District of Florida's website before using the CM/ECF system. Signed by Magistrate Judge Gregory J. Kelly on 2/26/2021. (HMK)
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Filing 17
INTERESTED PERSONS ORDER to DEFENDANTS. Certificate of interested persons and corporate disclosure statement due by 3/12/2021. Signed by Judge Gregory A. Presnell on 2/26/2021. (LAM)
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| Filing 16 NOTICE OF RESCHEDULED HEARING on motion re #3 MOTION for Preliminary Injunction . Motion Hearing reset for 4/26/2021 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Two hours are reserved for this hearing. (LAM) |
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Filing 15
ORDER granting #14 Motion for Extension of Time. See order for details. A notice of rescheduled hearing will follow. Signed by Judge Gregory A. Presnell on 2/26/2021. (LAM)
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| Filing 14 Unopposed MOTION for Extension of Time to File Answer by All Defendants. (Appelbaum, Steven) Modified on 2/26/2021 (LAM). |
| Filing 13 Unopposed MOTION for James F. Hasson to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17927205 for $150 by All Plaintiffs. (Attachments: #1 Special Admission Attorney Certification)(Shapiro, Daniel) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 12 Unopposed MOTION for Cameron T. Norris to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17927188 for $150 by All Plaintiffs. (Attachments: #1 Special Admission Attorney Certification)(Shapiro, Daniel) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 11 Unopposed MOTION for J. Michael Connolly to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17926980 for $150 by All Plaintiffs. (Attachments: #1 Appendix Special Admission Attorney Certification)(Shapiro, Daniel) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 10 Unopposed MOTION for Alexander R. Bilus to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17926617 for $150 by All Defendants. (Appelbaum, Steven) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 9 MOTION for Joshua W. B. Richards to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17926554 for $150 by All Defendants. (Appelbaum, Steven) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Set/reset deadlines as to #3 MOTION for Preliminary Injunction . Responses due by 3/5/2021 (MEJ) |
| Filing 8 NOTICE to counsel J. Michael Connolly, Cameron T. Norris, James F. Hasson Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - File a Motion to Appear Pro Hac Vice. Co-counsel with filing rights may electronically file the motion on behalf of the non-resident lawyer or the motion may be filed on paper; Pay the Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF (Signed by Deputy Clerk). (MEJ) |
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Filing 7
ORDER on Motion #3 MOTION for Preliminary Injunction . Non-evidentiary motion hearing set for 3/9/2021 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Plaintiff shall serve Defendants with the Complaint, the motion, and this order by expeditious means by noon Friday, February 26, 2021. Defendants may file a written response to the motion by noon Friday, March 5, 2021. Signed by Judge Gregory A. Presnell on 2/23/2021. (LAM)
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Filing 6
ORDER Judge Kelly's Standing Order on Discovery. Signed by Magistrate Judge Gregory J. Kelly on 2/23/2021. (HMK)
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| Filing 5 CERTIFICATE of interested persons and corporate disclosure statement by Speech First, Inc.. (Shapiro, Daniel) |
| Filing 4 REQUEST for oral argument re #3 MOTION for Preliminary Injunction by Speech First, Inc.. (Shapiro, Daniel) |
| Filing 3 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Affidavit Declaration of Daniel Shapiro, #2 Affidavit Declaration of Nicole Neily, #3 Affidavit Declaration of Student A, #4 Affidavit Declaration of Student B, #5 Affidavit Declaration of Student C, #6 Text of Proposed Order)(Shapiro, Daniel) |
| Filing 2 NEW CASE ASSIGNED to Judge Gregory A. Presnell and Magistrate Judge Gregory J. Kelly. New case number: 6:21-cv-0313-GAP-GJK. (SJB) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number 113A-17889848) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(Shapiro, Daniel) |
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