Smith v. Florida Agricultural & Mechanical University Board of Trustees
| Jennifer Smith |
| Florida Agricultural & Mechanical University Board of Trustees |
| Linda Edwards |
| 6:2024cv00457 |
| March 4, 2024 |
| US District Court for the Middle District of Florida |
| Paul G Byron |
| Robert M Norway |
| Civil Rights: Jobs |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 29, 2024. A more recent docket listing may be available from PACER.
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Filing 49
RESPONSE to Motion re #46 MOTION for Hearing re #37 MOTION for Preliminary Injunction filed by Florida Agricultural & Mechanical University Board of Trustees. (Santoro, Maria)
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Filing 48
RESPONSE to objections to #40 Report and Recommendations filed by Florida Agricultural & Mechanical University Board of Trustees. (Santoro, Maria)
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Filing 47
OBJECTION re #40 REPORT AND RECOMMENDATIONS re #22 MOTION to Quash Service of Process, Set Aside Clerk's Default, and Renewed Motion for Enlargement of Time to File Response MOTION to Set Aside Clerk Default MOTION for Extension of Time to File Answer . (Smith, Jennifer)
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Filing 46
MOTION for Hearing re #37 MOTION for Preliminary Injunction by Jennifer Smith. (Smith, Jennifer)
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Filing 45
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 5/31/2024. Joinder of Parties due by 5/31/2024. Discovery due by 11/4/2024. Dispositive motions due by 12/2/2024. Pretrial statement due by 3/17/2025. All other motions due by 3/24/2025. Plaintiff disclosure of expert report due by 9/3/2024. Defendant disclosure of expert report due by 10/1/2024. Final Pretrial Conference set for 4/15/2025 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. Jury Trial set for the trial term commencing on 5/5/2025 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 11/12/2024. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 4/15/2024. (KM)
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Filing 44
PROPOSED summons to be issued by Jennifer Smith. (Attachments: #1 State Court COMPLAINT, #2 Exhibit, #3 Exhibit)(Smith, Jennifer)
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Filing 43
CASE MANAGEMENT REPORT. (Santoro, Maria)
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Filing 42
RESPONSE in Opposition re #37 MOTION for Preliminary Injunction filed by Florida Agricultural & Mechanical University Board of Trustees. (Attachments: #1 Exhibit Doc 27 Motion for Preliminary Injunction 04012024, #2 Exhibit Doc. 1-6 pp 77-79 and Doc. 10 Orders Denying, #3 Exhibit Declaration of Allyson Watson, #4 Exhibit 2014 Docket Leon County No. 2014CA2022, #5 Exhibit Doc. 17 pp. 5-11 Verdict 14cv540 ND Fla., #6 Exhibit Doc. 17 pp. 16-17 Opinion 687 Fed.Appx. 888, #7 Exhibit 2018 Docket Leon County No. 2018CA1680, #8 Exhibit Doc. 17 pp. 20-23 Order 2019 WL 12317725, #9 Exhibit Doc. 17 pp. 24-31 Opinion 831 Fex.Appx 434, #10 Exhibit Doc. 27-2 Letter 12052023, #11 Exhibit Doc. 1-3 Exhibits to Amended Complaint, #12 Exhibit Doc. 1-6 pp. 2-16 Complaint, #13 Exhibit Doc. 1-1 First Amended Complaint, #14 Exhibit Doc. 1.6 pp. 77-79 order 01312024, #15 Exhibit Doc. 27-8 Panel Letter 01122023[sic], #16 Exhibit Doc. 1-4, p. 1-2 Letter 01232024, #17 Exhibit Doc. 10 Order 03082024, #18 Exhibit Doc. 34 Order 03292024, #19 Exhibit Doc. 1-4 p. 9 Employment Contract)(Santoro, Maria)
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Filing 41
NOTICE of a related action per Local Rule 1.07(c) by Jennifer Smith. Related case(s): Yes (Smith, Jennifer)
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Filing 40
REPORT AND RECOMMENDATIONS re #22 Motion to Quash Service of Process, Set Aside Clerk's Default, and Renewed Motion for Enlargement of Time to File Response. See Report for details. Signed by Magistrate Judge Robert M. Norway on 4/10/2024. (JBS) (LDJ).
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Filing 39
ENDORSED ORDER denying without prejudice #38 Opposed Motion to Extend the Deadline to Submit a Uniform Case Management Report. The Court does not require a response to the aforementioned #38 Motion. The stated grounds are inadequate to justify the Court staying the imposition of all deadlines in the case. Signed by Judge Paul G. Byron on 4/8/2024. (REG)
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Filing 38
MOTION for Extension of Time to File Case Management Report by Jennifer Smith. (Smith, Jennifer) Modified text on 4/4/2024 (GL).
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Filing 37
MOTION for Preliminary Injunction by Jennifer Smith. (Attachments: #1 Exhibit Smith Dec, #2 Exhibit Dec 5 2023 Notice, #3 Exhibit Panel Decision, #4 Exhibit FAMU Regs 10.204, #5 Exhibit Smith Notice 2, #6 Exhibit FAMU Reg 10.206, #7 Exhibit Watson Dec, #8 Exhibit FAMU EEOC Res, #9 Exhibit Pernell Depo, #10 Exhibit Smith Supp Dec, #11 Exhibit Zisk Case, #12 Exhibit FAMU Regs 10.120 10. 205, #13 Exhibit Reyes Complaint, #14 Exhibit State Complaint Oct 2023, #15 Exhibit Amended Complaint, #16 Text of Proposed Order Proposed Order)(Smith, Jennifer)
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Filing 36
ENDORSED ORDER finding as moot #28 Unopposed Motion for Evidentiary Hearing. See 34 Order. Signed by Judge Paul G. Byron on 3/29/2024. (REG)
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Filing 35
ORDER denying #33 Motion for Clerk's Default. See Order for details. Signed by Magistrate Judge Robert M. Norway on 3/29/2024. (JBS)
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Filing 34
ENDORSED ORDER striking #11 Motion for Preliminary Injunction. The aforementioned #11 Motion fails to comply with Local Rules 3.01(a) and 6.02(a). Specifically, the #11 Motion attempts to incorporate argument from a separate pleading and is therefore not in a single document. Such incorporation would also cause the #11 Motion to significantly exceed the page-limit for motions. The #11 Motion additionally fails to include as an attachment each paper on which the movant relies. Plaintiff is cautioned that continued violation(s) of the Local Rules may result in dismissal of the case without prejudice or in other appropriate sanctions. Signed by Judge Paul G. Byron on 3/29/2024. (REG)
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Filing 33
MOTION for Clerk's Default against Florida Agricultural & Mechanical University Board of Trustees by Jennifer Smith. (Smith, Jennifer) Motions referred to Magistrate Judge Robert M. Norway.
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Filing 32
RESPONSE to Motion re #22 MOTION to Quash Service of Process, Set Aside Clerk's Default, and Renewed Motion for Enlargement of Time to File Response MOTION to Set Aside Clerk Default MOTION for Extension of Time to File Answer filed by Jennifer Smith. (Attachments: #1 Exhibit Employment matter email address, #2 Exhibit Wallace Bar Profile, #3 Exhibit Returned US Mail, #4 Exhibit 2018 ROS, #5 Exhibit 2024 ROS, #6 Exhibit Kady Amended ROS, #7 Exhibit OGC 11, #8 Exhibit OGC 13, #9 Exhibit Wallace Physical Address)(Smith, Jennifer)
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Filing 31
ENDORSED ORDER striking #30 Application for Clerk's Default and Response in Opposition to Defendant's Motion to Quash Service of Process, Set Aside Clerk's Default and Renewed Motion for Enlargement of Time. The aforementioned #30 Application and Response fails to comply with Local Rule 3.01(a). Specifically, Plaintiff's request for a clerk's default is embedded in her #30 response to the Motion to Quash. On or before April 1, 2024, Plaintiff may file her response to #22 Motion to Quash. Plaintiff may separately file her request for a clerk's default in a motion that complies with Local Rule 3.01(a). Signed by Judge Paul G. Byron on 3/28/2024. (REG)
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Filing 30
(STRICKEN per 31 Order) RESPONSE to Motion re #22 MOTION to Quash Service of Process, Set Aside Clerk's Default, and Renewed Motion for Enlargement of Time to File Response MOTION to Set Aside Clerk Default MOTION for Extension of Time to File Answer filed by Jennifer Smith. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Smith, Jennifer) (Modified on 3/29/2024, to edit text) (BGR).
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Filing 29
NOTICE by Florida Agricultural & Mechanical University Board of Trustees re #22 MOTION to Quash Service of Process, Set Aside Clerk's Default, and Renewed Motion for Enlargement of Time to File Response MOTION to Set Aside Clerk Default MOTION for Extension of Time to File Answer (Attachments: #1 Exhibit Amended Declaration of Dr. D. Denise Wallace)(Santoro, Maria)
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Filing 28
MOTION for Hearing re #11 MOTION for Preliminary Injunction by Jennifer Smith. (Smith, Jennifer)
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Filing 27
RESPONSE in Opposition re #11 MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by Florida Agricultural & Mechanical University Board of Trustees. (Attachments: #1 Exhibit A - Declaration of Provost Allyson Watson, #2 Exhibit 1 to Exhibit A - Notice of Intent to Dismiss from Employment, #3 Exhibit 2 to Exhibit A - Notice of Dismissal, #4 Exhibit B - Jury Verdict, #5 Exhibit C - Smith v. Florida Agricultural and Mechanical University Board of Trustees 687 Fed. App. 888, #6 Exhibit D - Order Granting FAMU's MSJ, #7 Exhibit E - Smith v Florida A And M University Board of Trustees 831 Fed. Appx. 434, #8 Exhibit F - Notice from Pre-Determination Hearing, #9 Exhibit G - State Court Order Denying Emergency TRO, #10 Exhibit H - Preliminary Injunction Motion, #11 Exhibit I - Smith Employment Contract, #12 Exhibit J - Federal Court TRO, #13 Exhibit K - Federal Court Order Denying TRO)(Zolty, Julie)
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Filing 26
RESPONSE re #17 Notice (Other) filed by Jennifer Smith. (Smith, Jennifer)
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Filing 25
ENDORSED ORDER striking #21 Motion for Hearing and Memorandum of Law in Opposition to Defendant's Request for Judicial Notice. The aforementioned #21 Motion fails to comply with Local Rule 3.01(g)-(h). Specifically, the Motion fails to contain a 3.01(g) Certification and contains a request for a hearing in the same document as Plaintiff's response to #17 Request for Judicial Notice. On or before March 27, 2024, Plaintiff may file her response to #17 Request for Judicial Notice. Plaintiff may separately request a hearing as to #17 Request for Judicial Notice in a Motion that complies with Local Rule 3.01(g). Signed by Judge Paul G. Byron on 3/21/2024. (REG)
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Filing 24
ENDORSED ORDER granting #23 Unopposed Motion for Enlargement of Time to File Response to #11 Motion for Preliminary Injunction. Defendant shall respond to #11 Motion for Preliminary Injunction on or before March 25, 2024. Signed by Judge Paul G. Byron on 3/19/2024. (REG)
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Filing 23
Unopposed MOTION for Extension of Time to File Response/Reply as to #11 MOTION for Preliminary Injunction by Florida Agricultural & Mechanical University Board of Trustees. (Zolty, Julie)
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Filing 22
MOTION to Quash Service of Process, Set Aside Clerk's Default, and Renewed Motion for Enlargement of Time to File Answer by Florida Agricultural & Mechanical University Board of Trustees. (Attachments: #1 Exhibit Declaration of James Vaughan, #2 Exhibit Declaration of Dr. D. Denise Wallace)(Santoro, Maria) Motions referred to Magistrate Judge Robert M. Norway. Added MOTION to Set Aside Clerk Default, MOTION for Extension of Time to File Answer on 3/19/2024 (AJS).
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Filing 21
MOTION for Hearing re #17 Notice (Other) by Jennifer Smith. (Smith, Jennifer)
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Filing 20
NOTICE of a related action per Local Rule 1.07(c) by Florida Agricultural & Mechanical University Board of Trustees. Related case(s): Yes re #3 Order (Santoro, Maria) Modified on 3/19/2024 to edit docket text (AJS).
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Filing 19
CORPORATE Disclosure Statement by Florida Agricultural & Mechanical University Board of Trustees. (Santoro, Maria)
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Filing 18
ORDER denying #16 Motion for Extension of Time to Answer. Signed by Magistrate Judge Robert M. Norway on 3/15/2024. (JBS)
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Filing 17
NOTICE by Florida Agricultural & Mechanical University Board of Trustees Request for Judicial Notice (Attachments: #1 Exhibit Verdict, #2 Exhibit Order Denying Motion to Reconsider, #3 Exhibit Order Denying Motion for New Trial, #4 Exhibit 687 Fed Appx 888 11th Cir, #5 Exhibit Order Denying Fourth Motion to Compel, #6 Exhibit Order Granting Motion for Summary Judgment ND Fla, #7 Exhibit 831 Fed Appx 434 11th Circ 2020, #8 Exhibit Cert Denied USSCT)(Santoro, Maria)
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Filing 16
MOTION for Extension of Time to File Answer re #1 Notice of Removal Amended Complaint by Florida Agricultural & Mechanical University Board of Trustees. (Santoro, Maria)
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Filing 15
CORPORATE Disclosure Statement by Jennifer Smith. (Smith, Jennifer)
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Filing 14
NOTICE of Lead Counsel Designation by Maria A. Santoro on behalf of Florida Agricultural & Mechanical University Board of Trustees. Lead Counsel: Maria A. Santoro. (Santoro, Maria)
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Filing 13
NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LNR)
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Filing 12
NOTICE of Appearance by Maria A. Santoro on behalf of Florida Agricultural & Mechanical University Board of Trustees. (Santoro, Maria)
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Filing 11
STRICKEN PER ORDER SEE DE# 34 - MOTION for Preliminary Injunction by Jennifer Smith. (Attachments: #1 Text of Proposed Order)(Smith, Jennifer) (Modified on 3/12/2024, chambers notified) (BGR). Modified text on 4/1/2024 (LAB).
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Filing 10
ORDER denying #6 Emergency Motion and Memorandum of Law in Support of Temporary Restraining Order and Injunctive Relief. See Order for further details. Signed by Judge Paul G. Byron on 3/8/2024. (REG)
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Filing 9
NOTICE of Appearance by Jennifer M. Smith on behalf of Jennifer Smith. (Smith, Jennifer)
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Filing 8
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Robert M. Norway on 3/7/2024. (JBS)
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Filing 7
Case Reassigned to Magistrate Judge Robert M. Norway. New case number: 6:24-cv-457-PGB-EJK. Magistrate Judge Embry J. Kidd no longer assigned to the case. Motion(s) REFERRED: #6 MOTION for Temporary Restraining Order. Motion(s) referred to Magistrate Judge Robert M. Norway. (RPB)
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Filing 6
Emergency MOTION for Temporary Restraining Order, and Memorandum of Law in Support of Temporary Restraining Order and Injunctive Relief by Jennifer Smith. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Proposed Order) (chambers notified)(ARL) Motions referred to Magistrate Judge Embry J. Kidd.
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Filing 5
ORDER of recusal. Signed by Magistrate Judge Embry J. Kidd on 3/6/2024. (RMN)
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Filing 4
ORDER REFERRING CASE to assigned Magistrate Judge for Report and Recommendations. Signed by Judge Paul G. Byron on 3/5/2024. (KM)
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Filing 3
INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 3/5/2024. (KM)
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Filing 2
NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Embry J. Kidd. New case number: 6:24-cv-457-PGB-EJK. (AJS)
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Filing 1
COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Ninth Judicial Circuit, case number 2023CA016035O filed in State Court on 10/17/2023. Filing fee $405, receipt number AFLMDC-21833302 filed by Florida Agricultural & Mechanical University Board of Trustees. (Attachments: #1 State Court COMPLAINT, #2 Exhibit Exs 1-2 to State Court Amended Complaint, #3 Exhibit Exs 3-6 to State Court Amended Complaint, #4 Exhibit Exs 7-11 to State Court Amended Complaint, #5 State Court Docket Sheet, #6 State Court Other Documents, #7 Civil Cover Sheet)(Mitchell, Richard) (Chambers notified re: emergency filings in state court documents) Modified on 3/5/2024 (AJS).
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