AUSTIN et al v. UNIVERSITY OF FLORIDA BOARD OF TRUSTEES et al
| Sharon Wright Austin, Michael McDonald, Daniel A. Smith, DANIEL A SMITH, JEFFREY GOLDHAGEN, TERESA J REID and KENNETH B NUNN |
| UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, W. KENT FUCHS, JOSEPH GLOVER, W KENT FUCHS and LAURA ROSENBURY |
| 1:2021cv00184 |
| November 5, 2021 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| GARY R JONES |
| MARK E WALKER |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 28, 2022. A more recent docket listing may be available from PACER.
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| Filing 105 MOTION to Dismiss / Plaintiffs' Motion for Voluntary Dismissal Without Prejudice by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (Internal deadline for referral to judge if response not filed earlier: 1/11/2023). (Attachments: #1 Exhibit 1 - UF Conflicts of Interest Policy (revised 10.13.22), #2 Text of Proposed Order) (O'NEIL, DAVID) |
| RESet Deadline: per #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 1/2/2023. (kdm) |
| Filing 104 STATUS REPORT / Joint Status Report on the progress of discovery by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
| RESet Deadline re #70 Notice of Appeal. (Clerk to check status of Appeal on 2/15/2023.), Appeal STATUS (11/10/2022) Deadline Terminated -- Appeal still pending. (kdm) |
Filing 103
ORDER GRANTING JOINT #102 MOTION TO FURTHER EXTEND DEADLINES. ( Discovery due by 12/14/2022., Deadline for filing summary judgment motions is extended to 1/4/2023). Signed by CHIEF JUDGE MARK E WALKER on 11/14/2022. The bench trial in this case will be rescheduled to a later date if the parties notify this Court that they are unable to reach a settlement. (kdm)
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| Filing 102 Joint MOTION for Extension of Time to Complete Discovery by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (Attachments: #1 Text of Proposed Order) (O'NEIL, DAVID) |
| RESet Deadline per #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 12/2/2022. (kdm) |
| Filing 101 STATUS REPORT / Joint Status Report on the progress of discovery by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
| RESet Deadline per #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 11/2/2022. (kdm) |
| Filing 100 STATUS REPORT / Joint Status Report on the progress of discovery by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
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Filing 99
ORDER GRANTING JOINT MOTION TO FURTHER EXTEND DEADLINS Re: #98 Joint MOTION to Extend Time :( Discovery due by 11/14/2022., Dispositive Motions to be filed by 12/5/2022., Bench Trial set for 7/10/2023 08:30 AM in U.S. Courthouse Gainesville before CHIEF JUDGE MARK E WALKER.)signed by CHIEF JUDGE MARK E WALKER on 9/14/22. (bkp)
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| Filing 98 Joint MOTION to Extend Time by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (Attachments: #1 Text of Proposed Order) (BARTOLOMUCCI, H) |
| RESet Deadline per #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 10/2/2022. (kdm) |
| Filing 97 STATUS REPORT / Joint Status Report on the progress of discovery by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
| RESet Deadline re #70 Notice of Appeal. (Clerk to check status of Appeal on 11/10/2022.), Appeal STATUS (8/10/2022) Deadlines Terminated -- Appeal still pending. (kdm) |
| Filing 96 STATUS REPORT / Joint Status Report on the progress of discovery by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
| RESet Deadline: per #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 9/2/2022. (kdm) |
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Filing 95
ORDER GRANTING JOINT MOTION TO EXTEND DEADLINES Re: #94 Joint MOTION for Extension of Time to Complete Discovery to Facilitate Settlement Discussions signed by CHIEF JUDGE MARK E WALKER on 7/25/22.( Discovery due by 9/30/2022., Dispositive Motions to be filed by 10/21/2022., Bench Trial set for 3/13/2023 08:30 AM in U.S. Courthouse Gainesville before CHIEF JUDGE MARK E WALKER.) (bkp)
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| Filing 94 Joint MOTION for Extension of Time to Complete Discovery to Facilitate Settlement Discussions by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (Attachments: #1 Text of Proposed Order) (BARTOLOMUCCI, H) |
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Filing 93
ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE HOPE T CANNON for all further proceedings. MAGISTRATE JUDGE GARY R JONES no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 7/14/2022. (kjw) *Please use the new judge's initials for all future filings: 1:21cv184-MW/HTC.*
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| Filing 92 STATUS REPORT /Joint Status Report on the progress of discovery by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
| RESet Deadline per #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 8/2/2022. (kdm) |
| RESet Deadline per #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 7/2/2022. (kdm) |
| Filing 91 STATUS REPORT / Joint Status Report on the progress of discovery by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
| Filing 90 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: #70 Notice of Appeal,, Appeal No. 22-10448-GG. The entire record on appeal is available electronically. (kdm) |
| Filing 89 (Second) USCA FRAP 11 REQUEST, re #70 NOTICE OF APPEAL re: USCA #22-10448-GG. Please certify that the electronic record, including transcripts and exhibits, is complete for purposes of this appeal pursuant to 11th Cir. R. 11-2. (kdm) |
| Filing 88 DOCKET ANNOTATION BY COURT: Re #87 USCA FRAP 11 REQUEST -- ***Pending the filing of the hearing transcripts related to #64 Minute Entry for proceedings held. (kdm) |
| Filing 87 USCA FRAP 11 REQUEST, re #70 NOTICE OF APPEAL re: USCA #22-10448-GG. Please certify that the electronic record, including transcripts and exhibits, is complete for purposes of this appeal pursuant to 11th Cir. R. 11-2. (kdm) |
| RESet Deadline re #70 Notice of Appeal. (Clerk to check status of Appeal on 8/10/2022.), Appeal STATUS (5/9/2022) Deadline Terminated -- Appeal still pending. (kdm) |
| RESet Deadline per #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 6/2/2022. (kdm) |
| Filing 86 STATUS REPORT / Joint Status Report on the progress of discovery by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
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Filing 85
ORDER GOVERNING THE PROTECTION AND EXCHANGE OF CONFIDENTIAL MATERIAL re #84 Joint MOTION for Protective Order filed by JEFFREY GOLDHAGEN, MICHAEL MCDONALD, SHARON WRIGHT AUSTIN, KENNETH B NUNN, DANIEL A SMITH, TERESA J REID signed by CHIEF JUDGE MARK E WALKER on 4/29/22. (bkp)
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| Filing 84 Joint MOTION for Protective Order by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (Attachments: #1 Exhibit Stipulation and Proposed Order Governing the Protection and Exchange of Confidential Material) (O'NEIL, DAVID) |
| Filing 83 STATUS REPORT / Joint Status Report by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
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Filing 82
ORDER DENYING #81 PERMISSIVE INTERVENTION. Signed by CHIEF JUDGE MARK E WALKER on 3/9/2022. The motion to intervene is DENIED without prejudice to file a separate lawsuit. Mr. Rosenburg could potentially file his complaint as a stand-alone lawsuit, but he cannot file it in this case. (kdm) (Mailed to Mr. Rosenburg at the address on his envelope.)
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| Filing 81 ERWIN ROSENBERG'S MOTION For Permissive Intervention.. (kdm) |
| Filing 80 STATUS REPORT / Joint Status Report on the progress of discovery by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
| RESet Deadline per #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 4/2/2022. (kdm) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #25 INITIAL Scheduling Order - Joint Status Report due by 3/2/2022. (***None filed to date.***) (kdm) |
| Filing 79 NOTICE of Filing Transcript (Part III) by Court Reporter in District Court - re: #70 Notice of Appeal. Court Reporter: Kimberly Bartholomew (Phipps Reporting). (kjw) |
| Filing 78 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Proceedings held on 01/14/2022, before Judge Chief Judge Mark Walker. Court Reporter/Transcriber Kimberly Bartholomew, Telephone number (888) 811-3408. 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. Redaction Request due 2/23/2022. Release of Transcript Restriction set for 5/24/2022. (mah) |
| Filing 77 TRANSCRIPT Acknowledgment - Part II re #70 Notice of Appeal, Court Reporter:Kimberly Bartholomew (mah) |
| Filing 76 USCA Case Number 22-10448-G for #70 NOTICE OF APPEAL as to #65 Preliminary Injunction. (kdm) |
| Filing 75 TRANSCRIPT REQUEST by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES for proceedings held on 01/14/2022 before Judge Mark Walker, Court Reporter:Kimberly Bartholomew (Phipps) (BARTOLOMUCCI, H) |
| Filing 74 TRANSCRIPT REQUEST by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES for proceedings held on 01/07/2022 before Judge Mark Walker, Court Reporter:Megan Hague (BARTOLOMUCCI, H) |
| Filing 73 Appeal Instructions re: #70 Notice of Appeal, : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter in both the district court and the appeals court. Transcript Order Form due by 2/23/2022. (kdm) |
| Filing 72 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #70 Notice of Appeal. (kdm) |
| Filing 71 USCA Appeal Fees received $ 505 receipt number 1-4314 re #70 Notice of Appeal, filed by JOSEPH GLOVER, LAURA ROSENBURY, W KENT FUCHS, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (kdm) |
| Set Deadlines re #70 Notice of Appeal : Certificate of Readiness (FRAP 11) due by 4/9/2022., Clerk to check status of Appeal on 5/9/2022. (kdm) |
| Filing 70 NOTICE OF APPEAL as to #65 Preliminary Injunction by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. ( (Filing fee $ 505.) (Attachments: #1 Exhibit 1:Preliminary Injunction 1-21-22) (BARTOLOMUCCI, H) |
| Filing 69 STATUS REPORT / Joint Status Report by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
| RESet Deadline per #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 3/2/2022. (kdm) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 2/2/2022. (***None filed to date.***) (kdm) |
| Filing 68 ANSWER to #19 Amended Complaint, by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (BARTOLOMUCCI, H) |
| Filing 67 ***DISREGARD ENTERED IN ERROR*** -- DISCOVERY ADVISORY: Re #66 Rule 26 Disclosures - Counsels attention is directed to Federal Rule of Civil Procedure 5(d), which prohibits the filing of discovery materials (including notices of deposition, deposition transcripts, interrogatories and interrogatory responses and notices thereof, production requests and responses and notices thereof, and admissions requests and responses and notices thereof) unless and until needed for consideration of pending motions by the court. This advisory serves as notice that no further discovery materials should be filed and all discovery posting options have been removed from CMECF. (kdm) Modified on 1/26/2022 to add text (kdm). |
| Filing 66 RULE 26 Disclosures by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (BARTOLOMUCCI, H) |
| Filing 65 PRELIMINARY INJUNCTION. Plaintiffs' motion for preliminary injunction, ECF No. #30 , is GRANTED in part and DENIED in part. Signed by CHIEF JUDGE MARK E WALKER on 1/21/2022. (kjw) |
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Filing 63
SCHEDULING AND MEDIATION ORDER Re: #62 Report of Rule 26(f) Planning Meeting. (Discovery due by 8/1/2022., Dispositive Motions to be filed by 8/22/2022., Mediation Report due by 9/12/2022. Bench Trial set for 11/7/2022 08:30 AM in U.S. Courthouse Gainesville before CHIEF JUDGE MARK E WALKER.) Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 1/19/2022. (kdm)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #62 Report of Rule 26(f) Planning Meeting. (kdm) |
| Filing 62 REPORT of Rule 26(f) Planning Meeting. (O'NEIL, DAVID) |
| Filing 64 Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Preliminary Injunction Oral Argument held on 1/14/2022. Argument continues regarding #30 Plaintiffs' Motion for Preliminary Injunction. Ruling by Court: Defendants to supplement the record, as directed by the Court, by 5:00 pm on 1/14/2022, with expert reports and depositions. Order to follow (Court Reporter Judy Martin). (vkm) |
| Filing 61 NOTICE of Filing as per Order of 1-14-21 by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES re #30 MOTION for Preliminary Injunction (Attachments: #1 Exhibit 1:Expert Report S Austin 9-1-21, #2 Exhibit 2:Expert Report D Smith 9-1-21, #3 Exhibit 3:Expert Decl M McDonald 10-13-21, #4 Exhibit 4:Suppl & Rebuttal Expert Rep D Smith 10-13-21, #5 Exhibit 5:Transcript of Deposition D Smith 10-25-21, #6 Exhibit 6:Transcript of Deposition S Austin 10-27-21, #7 Exhibit 7:Transcript of Deposition M McDonald 10-29-21) (BARTOLOMUCCI, H) |
| Filing 60 REPLY to Response to Motion re #30 MOTION for Preliminary Injunction /SUPPLEMENTAL, MEMORANDUM in Support filed by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (Attachments: #1 Affidavit /Second Declaration of Jeffrey Goldhagen) (O'NEIL, DAVID) |
| Filing 59 NOTICE of Appearance by KENNETH ALAN KLUKOWSKI on behalf of All Defendants (KLUKOWSKI, KENNETH) |
| Filing 58 RESPONSE in Opposition re #30 MOTION for Preliminary Injunction Supplemental Brief per 1-7-22 Order filed by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (BARTOLOMUCCI, H) |
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Filing 57
ORDER GRANTING #56 EXTENSION. (Defendants must file their answer on or before 2/1/2022). Signed by CHIEF JUDGE MARK E WALKER on 1/12/2022. (kdm)
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| Filing 56 MOTION for Extension of Time to File Answer re #1 Complaint, by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (Attachments: #1 Text of Proposed Order) (BARTOLOMUCCI, H) |
| Filing 55 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Telephonic Preliminary Injunction Motion Proceedings held on 1/7/2022, before Judge Mark E. Walker. Court Reporter/Transcriber Megan A. Hague, Telephone number 850-443-9797. 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. Redaction Request due 1/18/2022. Release of Transcript Restriction set for 4/15/2022. (mah) |
| Filing 54 NOTICE OF TELEPHONIC HEARING RE: #30 MOTION for Preliminary Injunction: Telephonic Oral Argument resumes 1/14/2022 at 02:00 PM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
| Filing 53 Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Oral Argument held on 1/7/2022 re #30 MOTION for Preliminary Injunction. Defendants to file supplemental brief on or before 1/12/2022. Plaintiffs to file response on or before 1/13/2022. Telephonic oral argument resumes on 1/14/2022 at 2:00 p.m. (Court Reporter Megan Hague). (vkm) |
| Filing 52 NOTICE Supplemental per Court Order by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES re #50 Order,, Set Deadlines/Hearings, (Attachments: #1 Exhibit A:McDonald UFOLIO) (BARTOLOMUCCI, H) |
| Filing 51 REPLY to Response to Motion re #30 MOTION for Preliminary Injunction filed by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
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Filing 50
ORDER REQUIRING SUPPLEMENTAL NOTICE re #44 Affidavit in Opposition. (By the close of business tomorrow 1/6/2022 Defendants are ordered to file a supplemental notice accompanied by record evidence setting out the specific subject matter on which Plaintiff McDonald is consulting). Signed by CHIEF JUDGE MARK E WALKER on 1/5/2022. (kdm)
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| Filing 49 NOTICE OF TELEPHONIC HEARING RE: #30 MOTION for Preliminary Injunction: Telephonic Oral Argument set for 1/7/2022 09:30 AM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
| Filing 48 STATUS REPORT /JOINT STATUS REPORT by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
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Filing 47
AMENDED ORDER DENYING #23 MOTION TO DISMISS. Signed by CHIEF JUDGE MARK E WALKER on 1/3/2022. (kdm)
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Filing 46
ORDER DENYING #23 MOTION TO DISMISS. Signed by CHIEF JUDGE MARK E WALKER on 1/3/2022. (kdm)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #25 INITIAL Scheduling Order - Status Report due by 1/2/2022. (***None filed to date.***) (kdm) |
| RESet Deadline per #25 INITIAL SCHEDULING ORDER: Joint Status Report due by 2/2/2022. (kdm) |
| Filing 45 AFFIDAVIT in Opposition re #23 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM / Declaration of Morgan A. Davis in Opposition to Defendants' Motion to Dismiss by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (Attachments: #1 Exhibit A - 4.22 UFOLIO Review Guidance, #2 Exhibit B - 11.2 Chronicle Article, #3 Exhibit C - 12.3 Chronicle Article, #4 Exhibit D - 12.3 BOT Chairman Remarks, #5 Exhibit E - 12.6 UF Faculty Senate Report, #6 Exhibit F - 11.15 Miami Herald Article, #7 Exhibit G - 12.9 Tampa Bay Article, #8 Exhibit H - UFOLIO Review Process Flowchart, #9 Exhibit I - 12.16 UFOLIO Review Process Flowchart Addendum) (DAVIS, MORGAN) |
| Filing 44 AFFIDAVIT in Opposition re #30 MOTION for Preliminary Injunction filed by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (Attachments: #1 Exhibit 1:UF Conflicts of Interest Policy, #2 Exhibit 2: Emails, #3 Exhibit 3: UFOLIO Nunn approval notice, #4 Exhibit 4: UFOLIO Reid approval notice, #5 Exhibit 5:Appellees' Br. Hoover v. Morales) (BARTOLOMUCCI, H) |
| Filing 43 MEMORANDUM in Opposition re #30 MOTION for Preliminary Injunction filed by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (BARTOLOMUCCI, H) |
| Filing 42 MEMORANDUM in Opposition re #23 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM / Plaintiffs' Brief in Opposition to Defendants' Motion to Dismiss filed by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (O'NEIL, DAVID) |
| Filing 41 SUMMONS Returned Executed by DANIEL A SMITH, MICHAEL MCDONALD, JEFFREY GOLDHAGEN, SHARON WRIGHT AUSTIN, TERESA J REID, KENNETH B NUNN. LAURA ROSENBURY served on 11/30/2021, answer due 12/21/2021. (O'NEIL, DAVID) |
| Filing 40 NOTICE OF HEARING RE: #30 MOTION for Preliminary Injunction: Oral Argument set for 1/7/2022 09:30 AM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. Per Administrative Order, to protect the health and safety of all occupants, all persons who enter any courthouse within the Northern District of Florida are required to wear face masks or other face coverings that cover the person's nose and mouth while in any public or common area within the facility.Face masks are required in Courtroom 5 West. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
| Filing 39 Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 12/13/2021. Parties discuss case status, briefing and hearing schedule for #30 Motion for Preliminary Injunction. Ruling by Court: #30 Motion for Preliminary Injunction and #24 Motion to Dismiss to have same briefing schedule: Responses due by 12/17/2021. Replies due by 5:30 pm on 1/5/2022. Oral argument re: #30 Motion for Preliminary Injunction set for 1/7/22 at 9:30 am. (Court Reporter Megan Hague). (vkm) |
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Filing 38
ORDER ACKNOWLEDGING ECF NO. #37 AND SETTING DEADLINES. (Plaintiffs' deadline to file their response in opposition to Defendants' motion to dismiss is extended to on or before Friday 12/17/2021)., Defendants must file their response in opposition to Plaintiffs' motion for preliminary injunction on or before Friday 12/17/2021). Signed by CHIEF JUDGE MARK E WALKER on 12/10/2021. (kdm)
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| Filing 37 Joint MOTION to Extend Time by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (Attachments: #1 Text of Proposed Order) (O'NEIL, DAVID) |
| Filing 36 NOTICE OF RESCHEDULED TELEPHONIC HEARING: Telephonic Scheduling Conference reset for 12/13/2021 02:30 PM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
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Filing 35
ORDER ADMITTING BRIAN J. FIELD PRO HAC VICE; granting #34 Motion to Appear Pro Hac Vice (Appointed BRIAN J FIELD for W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES). Signed by CHIEF JUDGE MARK E WALKER on 12/9/2021. (kdm)
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| Filing 34 MOTION to Appear Pro Hac Vice by Brian J. Field.( Filing fee $ 208 receipt number AFLNDC-6579597.) by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (Attachments: #1 Exhibit Certificate of Good Standing) (FIELD, BRIAN) |
| Filing 33 NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 12/10/2021 12:30 PM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) |
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Filing 32
ORDER SETTING CONFERENCE SCHEDULE - The attorneys for both parties must confer prior to the TELEPHONIC scheduling conference. The Clerk shall set this matter for an expedited telephonic scheduling conference on Friday, December 10, 2021, at 12:30 p.m. (ET) signed by CHIEF JUDGE MARK E WALKER on 12/6/21.( Telephonic Status Conference set for 12/10/2021 12:30 PM in U.S. Courthouse Gainesville before CHIEF JUDGE MARK E WALKER.) (bkp)
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| Set Deadlines as to #30 MOTION for Preliminary Injunction . (Internal deadline for referral to judge if response not filed earlier: 12/17/2021). (bkp) |
| Filing 31 AFFIDAVIT in Support re #30 MOTION for Preliminary Injunction filed by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (Attachments: #1 Exhibit 1 2.10 Rosenbury Email to Faculty, #2 Exhibit 2 7.1 UF Conflicts Policy, #3 Exhibit 3 7.1 Prof Nunn Email to Colleagues, #4 Exhibit 4 7.10 Email Exchange between Rosenbury and Faculty, #5 Exhibit 5 7.12 Prof Reid UFOLIO Notification, #6 Exhibit 6 7.14 Prof Nunn UFOLIO Disclosure, #7 Exhibit 7 7.14 Prof Nunn UFOLIO Notification, #8 Exhibit 8 8.11 Amicus Brief, #9 Exhibit 9 6.4 Prof Smith UFOLIO Disclosure, #10 Exhibit 10 7.7 Prof Smith UFOLIO Notification, #11 Exhibit 11 8.12 Prof Goldhagen UFOLIO Disclosure, #12 Exhibit 12 10.4 Prof Smith UFOLIO Notification, #13 Exhibit 13 10.11 Prof Smith UFOLIO Notification, #14 Exhibit 14 10.13 Prof McDonald UFOLIO Notification, #15 Exhibit 15 10.15 Prof Austin UFOLIO Notification, #16 Exhibit 16 10.30 UF Statement, #17 Exhibit 17 11.1 UF Statement, #18 Exhibit 18 11.1 OGC Email, #19 Exhibit 19 11.3 Quinn Email to Colleagues, #20 Exhibit 20 11.5 Prof McDonald UFOLIO Disclosure and Notification, #21 Exhibit 21 11.5 UF Statement, #22 Exhibit 22 11.5 Prof Smith June UFOLIO Notification, #23 Exhibit 23 11.5 Prof Smith October UFOLIO Notification, #24 Exhibit 24 8.12 Prof Smith Annual Evaluation, #25 Exhibit 25 7.13 Prof Nunn Email to Colleagues, #26 Exhibit 26 11.5 Prof Goldhagen UFOLIO Disclosure and Notification, #27 Exhibit 27 11.8 Email Exchange between Prof Nunn and Quinn, #28 Exhibit 28 11.16 Miami Herald Article, #29 Exhibit 29 11.22 Task Force Final Report, #30 Exhibit 30 11.23 UF Statement, #31 Exhibit 31 11.23 SACSOC Special Report, #32 Exhibit 32 11.23 Gainesville Sun Article, #33 Exhibit 33 UF Mission Statement, #34 Exhibit 34 11.2 FL Congressional Delegation Letter, #35 Exhibit 35 11.29 WCJB Article, #36 Exhibit 36 10.12 Richardson Email to Prof Smith) (DAVIS, MORGAN) |
| Filing 30 MOTION for Preliminary Injunction by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (Attachments: #1 Declaration of Kenneth B. Nunn, #2 Declaration of Teresa J. Reid, #3 Declaration of Jeffrey Goldhagen, #4 Declaration of Sharon Wright Austin, #5 Declaration of Michael McDonald, #6 Declaration of Daniel A. Smith) (O'NEIL, DAVID) |
| Filing 29 SUMMONS Returned Executed by DANIEL A SMITH, MICHAEL MCDONALD, JEFFREY GOLDHAGEN, SHARON WRIGHT AUSTIN, TERESA J REID, KENNETH B NUNN. UNIVERSITY OF FLORIDA BOARD OF TRUSTEES served on 11/16/2021, answer due 12/7/2021. (O'NEIL, DAVID) |
| Filing 28 SUMMONS Returned Executed by DANIEL A SMITH, MICHAEL MCDONALD, JEFFREY GOLDHAGEN, SHARON WRIGHT AUSTIN, TERESA J REID, KENNETH B NUNN. JOSEPH GLOVER served on 11/16/2021, answer due 12/7/2021. (O'NEIL, DAVID) |
| Filing 27 SUMMONS Returned Executed by DANIEL A SMITH, MICHAEL MCDONALD, JEFFREY GOLDHAGEN, SHARON WRIGHT AUSTIN, TERESA J REID, KENNETH B NUNN. W KENT FUCHS served on 11/16/2021, answer due 12/7/2021. (O'NEIL, DAVID) |
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Filing 26
ORDER ADMITTING ALEXANDRA P. SWAIN PRO HAC VICE; granting #24 Motion to Appear Pro Hac Vice (Appointed ALEXANDRA P SWAIN for SHARON WRIGHT AUSTIN,JEFFREY GOLDHAGEN, MICHAEL MCDONALD,KENNETH B NUNN,TERESA J REID, LAURA ROSENBURY,DANIEL A SMITH). Signed by CHIEF JUDGE MARK E WALKER on 12/2/2021. (kdm)
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Filing 25
INITIAL SCHEDULING ORDER. Signed by CHIEF JUDGE MARK E WALKER on 12/2/2021. Status Report due by 1/2/2022 and every 30 days thereafter. Rule 26 Meeting Report due by 1/18/2022. Discovery due by 4/1/2022. (kdm)
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| Filing 24 MOTION to Appear Pro Hac Vice by Alexandra P. Swain.( Filing fee $ 208 receipt number AFLNDC-6569145.) by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH. (SWAIN, ALEXANDRA) |
| Filing 23 MOTION to Dismiss for Lack of Jurisdiction ( (Internal deadline for referral to judge if response not filed earlier: 12/15/2021).), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by W KENT FUCHS, JOSEPH GLOVER, LAURA ROSENBURY, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (Attachments: #1 Affidavit of Ryan Fuller with Supporting Exhibits) (BARTOLOMUCCI, H) |
| Filing 22 NOTICE of Appearance by H CHRISTOPHER BARTOLOMUCCI on behalf of All Defendants (BARTOLOMUCCI, H) |
| Filing 21 Summons Issued as to LAURA ROSENBURY. (kdm) |
| Filing 20 NOTICE OF SUMMONS TO LAURA ROSENBURY by SHARON WRIGHT AUSTIN, JEFFREY GOLDHAGEN, MICHAEL MCDONALD, KENNETH B NUNN, TERESA J REID, DANIEL A SMITH re #19 Amended Complaint, (O'NEIL, DAVID) |
| Filing 19 AMENDED COMPLAINT to include new Plaintiffs Jeffrey Goldhagen, Teresa J. Reid, and Kenneth B. Nunn and include new Defendant Laura Rosenbury, in her official capacity as Dean of the Fredric G. Levin College of Law against W KENT FUCHS, JOSEPH GLOVER, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, filed by SHARON WRIGHT AUSTIN, DANIEL A SMITH, MICHAEL MCDONALD. (O'NEIL, DAVID) |
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Filing 18
ORDER ADMITTING MORGAN DAVIS PRO HAC VICE; granting #16 Motion to Appear Pro Hac Vice. (Appointed MORGAN AMANDA DAVIS for SHARON WRIGHT AUSTIN, MICHAEL MCDONALD, DANIEL A SMITH). Signed by CHIEF JUDGE MARK E WALKER on 11/12/2021. (kdm)
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Filing 17
ORDER ADMITTING KATHARINE WITTEMAN PRO HAC VICE re #11 MOTION to Appear Pro Hac Vice by Katharine Witteman signed by CHIEF JUDGE MARK E WALKER on 11/12/21. (bkp)
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| Filing 16 MOTION to Appear Pro Hac Vice by Morgan Davis.( Filing fee $ 208 receipt number AFLNDC-6542573.) by SHARON WRIGHT AUSTIN, MICHAEL MCDONALD, DANIEL A SMITH. (Attachments: #1 Certificate of Good Standing) (DAVIS, MORGAN) |
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Filing 15
ORDER ADMITTING SOREN SCHWAB PRO HAC VICE re #8 MOTION to Appear Pro Hac Vice by Soren Schwab signed by CHIEF JUDGE MARK E WALKER on 11/12/21. (bkp)
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Filing 14
ORDER ADMITTING SAMUEL ROSH PRO HAC VICE re #12 MOTION to Appear Pro Hac Vice by Samuel Rosh signed by CHIEF JUDGE MARK E WALKER on 11/12/21. (bkp)
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Filing 13
ORDER ADMITTING JAIME FREILICH-FRIED PRO HAC VICE re #10 MOTION to Appear Pro Hac Vice by Jaime Freilich-Fried Signed by CHIEF JUDGE MARK E WALKER on 11/12/21. (bkp)
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| Filing 12 MOTION to Appear Pro Hac Vice by Samuel Rosh.( Filing fee $ 208 receipt number AFLNDC-6542390.) by SHARON WRIGHT AUSTIN, MICHAEL MCDONALD, DANIEL A SMITH. (Attachments: #1 Certificate of Good Standing) (ROSH, SAMUEL) |
| Filing 11 MOTION to Appear Pro Hac Vice by Katharine Witteman.( Filing fee $ 208 receipt number AFLNDC-6542291.) by SHARON WRIGHT AUSTIN, MICHAEL MCDONALD, DANIEL A SMITH. (Attachments: #1 Certificate of Good Standing) (WITTEMAN, KATHARINE) |
| Filing 10 MOTION to Appear Pro Hac Vice by Jaime Freilich-Fried.( Filing fee $ 208 receipt number AFLNDC-6542207.) by SHARON WRIGHT AUSTIN, MICHAEL MCDONALD, DANIEL A SMITH. (Attachments: #1 Certificate of Good Standing) (FREILICH-FRIED, JAIME) |
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Filing 9
ORDER ADMITTING DAVID A O'NEIL PRO HAC VICE re #7 MOTION to Appear Pro Hac Vice by David O'Neil signed by CHIEF JUDGE MARK E WALKER on 1/12/21. (bkp)
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| Filing 8 MOTION to Appear Pro Hac Vice by Soren Schwab.( Filing fee $ 208 receipt number AFLNDC-6542162.) by SHARON WRIGHT AUSTIN, MICHAEL MCDONALD, DANIEL A SMITH. (Attachments: #1 Certificate of Good Standing) (SCHWAB, SOREN) |
| Filing 7 MOTION to Appear Pro Hac Vice by David ONeil.( Filing fee $ 208 receipt number AFLNDC-6542133.) by SHARON WRIGHT AUSTIN, MICHAEL MCDONALD, DANIEL A SMITH. (Attachments: #1 Certificate of Good Standing) (O'NEIL, DAVID) |
| Filing 6 Summons Issued as to JOSEPH GLOVER and W KENT FUCHS (attachment 1) (kdm) Modified on 11/12/2021 (tss) |
| Filing 5 NOTICE of Related Case by SHARON WRIGHT AUSTIN, MICHAEL MCDONALD, DANIEL A SMITH (DONNELLY, PAUL) |
| Filing 4 NOTICE of Filing Summonses by SHARON WRIGHT AUSTIN, MICHAEL MCDONALD, DANIEL A SMITH (Attachments: #1 Summons - Fuchs, #2 Summons - Glover) (DONNELLY, PAUL) |
| Filing 3 Summons Issued as to UNIVERSITY OF FLORIDA BOARD OF TRUSTEES. (kdm) |
| Filing 2 CIVIL COVER SHEET. (kdm) |
| Filing 1 COMPLAINT against All Plaintiffs ( Filing fee $ 402 receipt number AFLNDC-6532595.), filed by Sharon Wright Austin, Daniel A. Smith, Michael McDonald. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summons, #3 Notice of Related Case) (DONNELLY, PAUL) |
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