ALACHUA COUNTY EDUCATION ASSOCIATION et al v. RUBOTTOM et al
| Alachua County Education Association, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA, UNITED FACULTY OF FLORIDA and FLORIDA EDUCATION ASSOCIATION |
| DONALD J RUBOTTOM, JEFF AARON and MICHAEL SASSO |
| 1:2023cv00111 |
| May 9, 2023 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| MARK E WALKER |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on June 26, 2023. A more recent docket listing may be available from PACER.
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Filing 46
NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings held on 6/23/2023, 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 7/3/2023. Release of Transcript Restriction set for 10/2/2023. (mah)
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Filing 45
ORDER DENYING MOTION FOR PRELIMINARY INJUNCTION. Plaintiffs' motion, ECF No. #15 , is DENIED. Plaintiffs' motion, ECF No. #44 , is GRANTED to the extent this Court permits Plaintiffs to file their supplemental brief. Defendants' request for time to respond to the arguments Plaintiffs raise, ECF No. #44 at 2, is DENIED as moot. Signed by CHIEF JUDGE MARK E WALKER on 6/26/2023. (kjw)
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Filing 44
First MOTION for Leave to File Supplemental Brief in Support of Motion for Preliminary Injunction by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (Attachments: #1 Supplemental Brief) (DAYAN, LEON)
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Filing 43
Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Motion Hearing held on 6/23/2023. Court hears argument regarding Plaintiffs' #15 Motion for Preliminary Injunction. Order to follow (Court Reporter Megan Hague (USDC-Tallahassee)). (vkm)
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Filing 42
REPLY to Response to Motion re #15 MOTION for Preliminary Injunction filed by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (Attachments: #1 Exhibit Declaration of Andrew Gothard, #2 Exhibit Declaration of Justin McCulloch) (DAYAN, LEON)
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Filing 41
MEMORANDUM in Opposition re #15 MOTION for Preliminary Injunction filed by JEFF AARON, DONALD J RUBOTTOM, MICHAEL SASSO. (Attachments: #1 Weir Decl., #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Phipps Decl., #15 Calloway Decl.) (WEIR, BRYAN)
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Filing 40
ORDER GRANTING #38 EXTENSION. Signed by CHIEF JUDGE MARK E WALKER on 6/5/2023. Defendants' deadline to respond to Plaintiffs' complaint is extended to on or before 21 days after this Court rules on the motion for preliminary injunction. (kdm)
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Filing 39
NOTICE of Appearance by FAITH ELIZABETH GAY on behalf of ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA (GAY, FAITH)
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Filing 38
STIPULATION to Extend Time for Defendants to Respond to Plaintiffs' Complaint by JEFF AARON, DONALD J RUBOTTOM, MICHAEL SASSO. (WEIR, BRYAN)
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Filing 37
ORDER ADMITTING PHILIP A. HOSTAK PRO HAC VICE; granting #36 Motion to Appear Pro Hac Vice (Appointed PHILIP ADAM HOSTAK for ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA). Signed by CHIEF JUDGE MARK E WALKER on 5/31/2023. (kdm)
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Filing 36
MOTION to Appear Pro Hac Vice by Philip A. Hostak.( Filing fee $ 208 receipt number AFLNDC-7894210.) by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (Attachments: #1 Exhibit Exhibit 1) (HOSTAK, PHILIP)
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Filing 35
ORDER GRANTING MOTION FOR PRO HAC VICE APPEARANCE re #32 MOTION to Appear Pro Hac Vice by Jeffrey Harris.( Filing fee $ 208 receipt number AFLNDC-7889944.) filed by DONALD J RUBOTTOM, JEFF AARON, MICHAEL SASSO signed by CHIEF JUDGE MARK E WALKER on 5/26/23. (bkp)
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Filing 34
ORDER GRANTING MOTION FOR PRO HAC VICE APPEARANCE re #31 MOTION to Appear Pro Hac Vice by David L. Rosenthal.( Filing fee $ 208 receipt number AFLNDC-7889932.) filed by DONALD J RUBOTTOM, JEFF AARON, MICHAEL SASSO signed by CHIEF JUDGE MARK E WALKER on 5/26/23. (bkp)
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Filing 33
ORDER ADMITTING MATT POCIASK PRO HAC VICE re #30 MOTION to Appear Pro Hac Vice by Matt Pociask.( Filing fee $ 208 receipt number AFLNDC-7889906.) filed by DONALD J RUBOTTOM, JEFF AARON, MICHAEL SASSO signed by CHIEF JUDGE MARK E WALKER on 5/26/23. (bkp)
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Filing 32
MOTION to Appear Pro Hac Vice by Jeffrey Harris.( Filing fee $ 208 receipt number AFLNDC-7889944.) by JEFF AARON, DONALD J RUBOTTOM, MICHAEL SASSO. (Attachments: #1 Certificate of Good Standing) (HARRIS, JEFFREY)
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Filing 31
MOTION to Appear Pro Hac Vice by David L. Rosenthal.( Filing fee $ 208 receipt number AFLNDC-7889932.) by JEFF AARON, DONALD J RUBOTTOM, MICHAEL SASSO. (Attachments: #1 Certificate of Good Standing) (ROSENTHAL, DAVID)
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Filing 30
MOTION to Appear Pro Hac Vice by Matt Pociask.( Filing fee $ 208 receipt number AFLNDC-7889906.) by JEFF AARON, DONALD J RUBOTTOM, MICHAEL SASSO. (Attachments: #1 Exhibit Certificate of Good Standing) (POCIASK, MATTHEW)
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Filing 29
ORDER SETTING BRIEFING SCHEDULE re #26 STATUS REPORT Regarding Meet and Confer. (Defendants' response and any declarations in support thereof are due on or before 6/9/2023., Plaintiff's reply brief and any rebuttal declarations are due on or before by 6/19/2023., In-Person Hearing set for Friday, 6/23/2023 09:00 AM (ET) in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER). Signed by CHIEF JUDGE MARK E WALKER on 5/19/2023. (kdm) Modified on 5/19/2023 to edit court location (kdm).
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Filing 28
NOTICE OF HEARING RE: #15 MOTION for Preliminary Injunction: Preliminary Injunction Hearing set for 6/23/2023 09:00 AM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. 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)
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Filing 27
Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 5/19/2023. Parties discuss case status, #26 Status Report and schedule for #15 Motion for Preliminary Injunction. Ruling by Court: Parties proposed schedule in #26 Status Report is adopted and the request to expand page limit is granted, no additional motion necessary. Defendants' declarations are due the same date as their response to the #15 Motion; Plaintiffs' rebuttal declarations are due the same date as their reply. Preliminary injunction hearing set for 9:00 am on 6/23/23. Order to follow (Court Reporter Melanie Sonntag (USDC-Wyoming)). (vkm)
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Filing 26
STATUS REPORT Regarding Meet and Confer by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (BELLOTTI, ADAM)
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Filing 25
ORDER GRANTING MIOTON FOR PRO HAC VICE APPEARANCE re #24 MOTION to Appear Pro Hac Vice by Bryan K. Weir signed by CHIEF JUDGE MARK E WALKER on 5/18/23. (bkp) Modified on 5/19/2023 (bkp).
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Filing 24
MOTION to Appear Pro Hac Vice by Bryan K. Weir.( Filing fee $ 208 receipt number AFLNDC-7875462.) by JEFF AARON, DONALD J RUBOTTOM, MICHAEL SASSO. (Attachments: #1 Exhibit Certificate of Good Standing) (WEIR, BRYAN)
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Filing 23
NOTICE of Appearance by AMBER S NUNNALLY on behalf of All Defendants (NUNNALLY, AMBER)
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Filing 22
NOTICE of Appearance by JASON BRENT GONZALEZ on behalf of All Defendants (GONZALEZ, JASON)
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Filing 21
ORDER REGARDING BRIEFING re #15 MOTION for Preliminary Injunction. Signed by CHIEF JUDGE MARK E WALKER on 5/17/2023. As this Court noted by prior Order, this Court will set a briefing schedule for Plaintiffs' motion after the telephonic scheduling conference on Friday, May 19, 2023. (kdm)
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Filing 20
NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 5/19/2023 11:00 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)
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Filing 19
AFFIDAVIT of Service for Summons, Complaint for Declaratory and Injunctive Relief with Exhibits served on Michael Sasso, in his official capacity as commissioner of the Florida Public Employees Relations Commission on 05/11/2023, filed by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (POWELL, MARTIN)
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Filing 18
AFFIDAVIT of Service for Summons, Complaint for Declaratory and Injunctive Relief with Exhibits served on Jeff Aaron, in his official capacity as commissioner of the Florida Public Employees Relations Commission on 05/11/2023, filed by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (POWELL, MARTIN)
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Filing 17
AFFIDAVIT of Service for Summons, Complaint for Declaratory and Injunctive Relief with Exhibits served on Donald J. Rubottom, in his official capacity as chair of Florida Public Employees Relations Commission on 05/10/2023, filed by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (POWELL, MARTIN)
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Filing 16
ORDER SETTING CONFERENCE SCHEDULE re #15 MOTION for Preliminary Injunction. (Telephonic Scheduling Conference set for Friday 5/19/2023 11:00 AM before CHIEF JUDGE MARK E WALKER). Signed by CHIEF JUDGE MARK E WALKER on 5/15/2023. Plaintiffs shall serve Defendants with a copy of this Order, their Amended Complaint, Rule 5.1 Notice, and Motion for Preliminary Injunction before the close of business, 5:00 p.m. (ET) on Tuesday, May 16, 2023, so the parties can confer prior to the scheduling conference. (kdm)
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Filing 15
MOTION for Preliminary Injunction by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (Attachments: #1 Brief in Support of Motion for Preliminary Injunction, #2 Gothard Declaration, #3 McCulloch Declaration, #4 Ortiz Declaration, #5 Roeder Declaration, #6 Ward Declaration) (DAYAN, LEON)
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Filing 14
NOTICE Under FRCP 5.1 by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA (BELLOTTI, ADAM)
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Filing 13
First AMENDED COMPLAINT against JEFF AARON, DONALD J RUBOTTOM, MICHAEL SASSO, filed by FLORIDA EDUCATION ASSOCIATION, ALACHUA COUNTY EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D) (DAYAN, LEON)
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Filing 12
ORDER FOR PLAINTIFFS TO FILE AN AMENDED COMPLAINT re #1 Complaint. (First Amended Complaint due on or before Friday 5/19/2023). Signed by CHIEF JUDGE MARK E WALKER on 5/11/2023. (kdm)
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Filing 11
ORDER GRANTING #10 MOTION FOR PRO HAC VICE APPEARANCE. (Appointed MAX HARRIS SIEGEL for ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA). Signed by CHIEF JUDGE MARK E WALKER on 5/11/2023. (kdm)
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Filing 10
MOTION to Appear Pro Hac Vice by Max H. Siegel.( Filing fee $ 208 receipt number AFLNDC-7864356.) by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (Attachments: #1 Certificate of Good Standing) (SIEGEL, MAX)
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Filing 9
ORDER GRANTING MOTION FOR PRO HAC VICE APPEARANCE re #5 MOTION to Appear Pro Hac Vice by Adam Bellotti.( Filing fee $ 208 receipt number AFLNDC-7864084.) filed by ALACHUA COUNTY EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA, UNITED FACULTY OF FLORIDA, FLORIDA EDUCATION ASSOCIATION signed by CHIEF JUDGE MARK E WALKER on 5/10/23. (bkp)
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Filing 8
ORDER GRANTING MOTION FOR PRO HAC VICE APPEARANCE re #6 MOTION to Appear Pro Hac Vice by Leon Dayan.( Filing fee $ 208 receipt number AFLNDC-7864089.) filed by ALACHUA COUNTY EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA, UNITED FACULTY OF FLORIDA, FLORIDA EDUCATION ASSOCIATION signed by CHIEF JUDGE MARK E WALKER on 5/10/23. (bkp)
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Filing 7
ORDER GRANTING MOTION FOR PRO HAC VICE APPEARANCE re #4 MOTION to Appear Pro Hac Vice by Kara Naseef.( Filing fee $ 208 receipt number AFLNDC-7864068.) filed by ALACHUA COUNTY EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA, UNITED FACULTY OF FLORIDA, FLORIDA EDUCATION ASSOCIATION signed by CHIEF JUDGE MARK E WALKER on 5/10/23. (bkp)
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Filing 6
MOTION to Appear Pro Hac Vice by Leon Dayan.( Filing fee $ 208 receipt number AFLNDC-7864089.) by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (Attachments: #1 Exhibit A - Certificate of Good Standing) (DAYAN, LEON)
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Filing 5
MOTION to Appear Pro Hac Vice by Adam Bellotti.( Filing fee $ 208 receipt number AFLNDC-7864084.) by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (Attachments: #1 Exhibit A - Certificate of Good Standing) (BELLOTTI, ADAM)
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Filing 4
MOTION to Appear Pro Hac Vice by Kara Naseef.( Filing fee $ 208 receipt number AFLNDC-7864068.) by ALACHUA COUNTY EDUCATION ASSOCIATION, FLORIDA EDUCATION ASSOCIATION, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (Attachments: #1 Exhibit A - Certificate of Good Standing) (NASEEF, KARA)
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Filing 3
Summons Issued as to JEFF AARON, DONALD J RUBOTTOM, MICHAEL SASSO. (kdm)
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Filing 2
CIVIL COVER SHEET. (POWELL, MARTIN)
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Filing 1
COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against All Defendants ( Filing fee $ 402 receipt number AFLNDC-7861849.), filed by FLORIDA EDUCATION ASSOCIATION, Alachua County Education Association, UNITED FACULTY OF FLORIDA, UNITED FACULTY OF FLORIDA-UNIVERSITY OF FLORIDA. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Summons for Donald J Rubottom, in his official capacity as Chair of the Florida Public Employees Relations Commission, #6 Summons for Jeff Aaron, in his official capacity as Commissioner of the Florida Public Employees Relations Commission, #7 Summons for Michael Sasso, in his official capacity as Commissioner of the Florida Public Employees Relations Commission) (POWELL, MARTIN)
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