PARNELL et al v. SCHOOL BOARD OF LAKE COUNTY FLORIDA et al
| PETER PARNELL, JUSTIN RICHARDSON, E D B, Z T, M H, D S, E S, E T and B G |
| SCHOOL BOARD OF LAKE COUNTY FLORIDA, DIANE KORNEGAY, MANNY DIAZ, JR, BEN GIBSON, RYAN PETTY, MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, KELLY GARCIA, MARYLYNN MAGAR, SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA and KEITH LEONARD |
| 4:2023cv00414 |
| September 19, 2023 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| ALLEN C WINSOR |
| Constitutional - State Statute |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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| Filing 135 REPLY to Response to Motion re #109 MOTION to Dismiss for Lack of Jurisdiction filed by DIANE KORNEGAY, SCHOOL BOARD OF LAKE COUNTY FLORIDA. (BROOME, ZACHARY) |
| Filing 134 REPLY to Response to Motion re #110 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, MANNY DIAZ, JR, KELLY GARCIA, BEN GIBSON, MARYLYNN MAGAR, RYAN PETTY. (BELL, DANIEL) |
| Filing 133 REPLY to Response to Motion re #108 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint filed by KEITH LEONARD, SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA. (SMITH, NICOLE) |
| Filing 132 NOTICE of Hearing on Motion #108 , #109 , and #110 MOTIONS TO DISMISS Motion Hearing set for 12/6/2023 at 03:00 PM in the Joseph Woodrow Hatchett United States Courthouse and Federal Building, Courtroom 5 South, 111 North Adams Street, Tallahassee, Florida, before JUDGE ALLEN C WINSOR. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn StarkCourtroom Deputy Clerk to the Honorable Allen Winsor (tss) |
| Filing 131 MOTION to Stay Discovery Pending Resolution of Dispositive Motions to Dismiss by KEITH LEONARD, SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA. (Attachments: #1 Exhibit Requests to Escambia Defendants, #2 Exhibit Requests to State Defendants, #3 Exhibit Requests to Lake Defendants) (SMITH, NICOLE) |
| Filing 130 MEMORANDUM in Opposition re #109 MOTION to Dismiss for Lack of Jurisdiction , #110 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #108 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint filed by B G, PETER PARNELL, JUSTIN RICHARDSON. (GAY, FAITH) |
Filing 129
ORDER GRANTING #128 MOTION TO WITHDRAW. Attorney MAX HARRIS SIEGEL terminated. Signed by JUDGE ALLEN C WINSOR on 10/30/2023. The clerk will remove him from the CM/ECF distribution list. (kdm)
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| Filing 128 MOTION to Withdraw as Attorney (Unopposed) by B G, PETER PARNELL, JUSTIN RICHARDSON. (SIEGEL, MAX) |
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Filing 127
ORDER GRANTING #126 MOTION FOR LEAVE TO FILE CONSOLIDATED RESPONSE IN OPPOSITION. Signed by JUDGE ALLEN C WINSOR on 10/26/2023. (kdm)
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| Filing 126 MOTION for Leave to File Consolidated Brief in Opposition to Motions to Dismiss [ECF Nos. 108, 109, 110] by B G, PETER PARNELL, JUSTIN RICHARDSON. (GAY, FAITH) |
| Filing 125 REPORT of Rule 26(f) Planning Meeting. (GAY, FAITH) |
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Filing 124
ORDER GRANTING #122 MOTION FOR EXTENSION. (Deadline to respond to the motions to dismiss is extended to 11/6/2023., Defendants may file replies no later than 11/20/2023). Signed by JUDGE ALLEN C WINSOR on 10/20/2023. (kdm)
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| Filing 123 RESPONSE by KEITH LEONARD, SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA re #121 Response/Reply,, . (MARSEY, JOHN) |
| Filing 122 Joint MOTION for Extension of Time to File Response/Reply to Pending Motions to Dismiss [ECF Nos. #108 , #109 , #110 by B G, PETER PARNELL, JUSTIN RICHARDSON. (GAY, FAITH) Modified on 10/20/2023 to add links (kdm). |
| Filing 121 RESPONSE by B G, PETER PARNELL, JUSTIN RICHARDSON re #119 Notice (Other), to Escambia County Defendants' Notice of Filing of Declaration. (Attachments: #1 Supplement Declaration of Faith E. Gay in Support of Response, #2 Exhibit A- Beulah Elementary School Weeding List, #3 Exhibit B- Blue Angels Elementary School Weeding List, #4 Exhibit C- Lincoln Park Elementary School Weeding List, #5 Exhibit D- Longleaf Elementary School Weeding List, #6 Exhibit E- Pine Meadow Elementary School Weeding List, #7 Exhibit F- C.A. Weis Elementary School Weeding List) (GAY, FAITH) |
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Filing 120
ORDER REGARDING PRELIMINARY INJUNCTION signed by JUDGE ALLEN C WINSOR on 10/17/23. Plaintiffs moved for a preliminary injunction, and the court set a hearing. Plaintiffs have now withdrawn the motion. ECF No. #118 . Accordingly, the clerk will terminate the motion (ECF No. #62 ). The hearing is canceled. The motions for protective ordersECF Nos. #111 , #112 , #113 all related to the hearing, and they are therefore DENIED as moot. (tss)
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| Filing 119 NOTICE of Filing Declaration in Support by KEITH LEONARD, SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA re #108 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint (Attachments: #1 Affidavit Decl Vinson) (SMITH, NICOLE) |
| Filing 118 NOTICE of Withdrawal of Motion for Preliminary Injunction by B G, PETER PARNELL, JUSTIN RICHARDSON re #62 MOTION for Preliminary Injunction (GAY, FAITH) |
| Filing 117 MEMORANDUM in Opposition re #111 MOTION for Protective Order filed by B G, PETER PARNELL, JUSTIN RICHARDSON. (GAY, FAITH) |
| Filing 116 MEMORANDUM in Opposition re #112 MOTION for Protective Order as to Baggett & Library Advisory Council filed by B G, PETER PARNELL, JUSTIN RICHARDSON. (GAY, FAITH) |
| Filing 115 RESPONSE in Opposition re #113 MOTION to Preclude Testimony of B.G. filed by KEITH LEONARD, SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA. (SMITH, NICOLE) |
| Filing 114 NOTICE Regarding Pre-Hearing Depositions (Joint) by B G, PETER PARNELL, JUSTIN RICHARDSON re #107 Order, (GAY, FAITH) |
| Filing 113 MOTION to Preclude Testimony of B.G. by B G. (GAY, FAITH) |
| Filing 112 MOTION for Protective Order as to Baggett & Library Advisory Council by KEITH LEONARD, SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA. (Attachments: #1 Exhibit Job Description) (SMITH, NICOLE) |
| Filing 111 MOTION for Protective Order by KEITH LEONARD, SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA. (Attachments: #1 Affidavit Decl Fetsko, #2 Affidavit Decl Hightower, #3 Affidavit Decl Adams, #4 Affidavit Decl Williams, #5 Affidavit Decl Slayton, #6 Exhibit Notice) (SMITH, NICOLE) |
| Filing 110 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, MANNY DIAZ, JR, KELLY GARCIA, BEN GIBSON, MARYLYNN MAGAR, RYAN PETTY. (BELL, DANIEL) |
| Filing 109 MOTION to Dismiss for Lack of Jurisdiction by DIANE KORNEGAY. (Internal deadline for referral to judge if response not filed earlier: 10/20/2023). (BROOME, ZACHARY) |
| Filing 108 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM Amended Complaint by KEITH LEONARD, SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA. (SMITH, NICOLE) |
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Filing 107
ORDER REGARDING DISCOVERY AND PRELIMINARY INJUNCTION HEARING PROCEDURES; denying as moot #104 MOTION for Extension of Time to File Motion for One-Day Extension to File Pre-Hearing Report. Signed by JUDGE ALLEN C WINSOR on 10/5/2023. (kdm)
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| Filing 106 NOTICE OF FILING OF OFFICIAL TRANSCRIPT of TELEPHONIC SCHEDULING CONFERENCE held on 9/29/23, before Judge Allen C. Winsor. Court Reporter/Transcriber Julie A. Wycoff, Telephone number 850/549-5886; julieawycoff@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. Redaction Request due 10/11/2023. Release of Transcript Restriction set for 1/9/2024. (jaw) |
| Filing 105 STATUS REPORT of Planning Conference for Preliminary Injunction Hearing, per ECF No. 101 by B G, PETER PARNELL, JUSTIN RICHARDSON. (GAY, FAITH) |
| Filing 104 MOTION for Extension of Time to File Motion for One-Day Extension to File Pre-Hearing Report by SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA. (SMITH, NICOLE) |
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Filing 103
ORDER. The motion for leave to appear pro hac vice, ECF No. #97 , is GRANTED. The motion for leave to appear pro hac vice, ECF No. #98 , is GRANTED. The motion for leave to appear pro hac vice, ECF No. #99 , is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 9/29/2023. (rcb)
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| Filing 102 NOTICE of Hearing on Motion #62 MOTION for Preliminary Injunction Motion Hearing set for 10/24/2023 at 08:30 AM in the Joseph Woodrow Hatchett United States Courthouse and Federal Building, Courtroom 5 South, 111 North Adams Street, Tallahassee, Florida, before JUDGE ALLEN C WINSOR. Two days have been reserved. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn StarkCourtroom Deputy Clerk to the Honorable Allen Winsor (tss) |
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Filing 101
ORDER REGARDING PRELIMINARY INJUNCTION HEARING signed by JUDGE ALLEN C WINSOR on 9/29/23. The clerk will set an evidentiary hearing on Plaintiffs motion for preliminary injunction. The affected parties must promptly confer regarding appropriate pre-hearing deadlines. No later than 10/3/2023, they must file a joint notice setting out their agreement and, where they do not agree, setting out each sides position. Consistent with the parties agreement, Defendants deadline to respond to the operative complaint is 10/6/2023. (tss)
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| Filing 100 Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Telephonic Scheduling Conference held on 9/29/2023 - written order to follow (Court Reporter Julie Wycoff (USDC-Pensacola)) (tss) |
| Filing 99 MOTION to Appear Pro Hac Vice by Lauren Zimmerman.( Filing fee $ 208 receipt number AFLNDC-8229804.) by B G, PETER PARNELL, JUSTIN RICHARDSON. (Attachments: #1 Certificate of Good Standing) (ZIMMERMAN, LAUREN) |
| Filing 98 MOTION to Appear Pro Hac Vice by Maria Simonova.( Filing fee $ 208 receipt number AFLNDC-8228899.) by B G, PETER PARNELL, JUSTIN RICHARDSON. (Attachments: #1 Certificate of Good Standing) (SIMONOVA, MARIA) |
| Filing 97 MOTION to Appear Pro Hac Vice by Max H. Siegel.( Filing fee $ 208 receipt number AFLNDC-8228867.) by B G, PETER PARNELL, JUSTIN RICHARDSON. (Attachments: #1 Certificate of Good Standing) (SIEGEL, MAX) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #97 , #98 , #99 MOTION to Appear Pro Hac Vice. Referred to MARTIN A FITZPATRICK. (kdm) |
| Filing 96 REPLY to Response to Motion re #62 MOTION for Preliminary Injunction filed by B G, PETER PARNELL, JUSTIN RICHARDSON. (GAY, FAITH) |
| Filing 95 NOTICE OF TELEPHONIC HEARING Telephonic Scheduling Conference set for 9/29/2023 at 09:30 AM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# 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: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) |
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Filing 94
ORDER SETTING HEARING signed by JUDGE ALLEN C WINSOR on 9/21/23. The clerk will set a telephonic hearing for September 29, 2023. The purpose of the hearing will be to address the litigation schedule and procedures for resolving the #62 preliminary injunction motion. The court will not address the motions merits at the hearing. (tss)
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| Filing 93 NOTICE OF FILING by KEITH LEONARD, SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA re #81 Notice (Other), #80 Response in Opposition to Motion, (Attachments: #1 Exhibit Transcript Excerpt) (GROSHOLZ, JEFFREY) |
| Filing 92 NOTICE of Appearance by JEFFREY JAMES GROSHOLZ on behalf of KEITH LEONARD, SCHOOL BOARD OF ESCAMBIA COUNTY FLORIDA (GROSHOLZ, JEFFREY) |
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Filing 91
ORDER GRANTING #90 EXTENSION. (Deadline for the reply is extended to 9/22/2023). Signed by JUDGE ALLEN C WINSOR on 9/20/2023. The page limit is expanded to 15 pages. (kdm)
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| Filing 90 MOTION for Leave to File Excess Pages , MOTION for Extension of Time to File Response/Reply in Further Support of Plaintiffs' Motion for Preliminary Injunction (TIME-SENSITIVE) (UNOPPOSED) by B G, PETER PARNELL, JUSTIN RICHARDSON. (GAY, FAITH) |
| Filing 89 NOTICE of Appearance by BRIDGET K O'HICKEY on behalf of MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, MANNY DIAZ, JR, KELLY GARCIA, BEN GIBSON, MARYLYNN MAGAR, RYAN PETTY (O'HICKEY, BRIDGET) |
| Filing 88 Case transferred in from District of Florida Middle; Case Number 5:23-cv-00381. Original file certified copy of transfer order and docket sheet received. |
| Filing 87 CASE ELECTRONICALLY TRANSFERRED to the Northern District of Florida (Tallahassee Division). (AG) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 86 RESPONSE in Opposition re #62 MOTION for Preliminary Injunction filed by Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, MaryLynn Magar, Ryan Petty. (Costello, David) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 85 CERTIFICATE of interested persons and corporate disclosure statement by Diane Kornegay, School Board of Lake County, Florida. (Broome, Zachary) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 84 Joint MOTION for Miscellaneous Relief, specifically Stay of Motion to Dismiss Deadlines by Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, MaryLynn Magar, Ryan Petty. (Costello, David) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 83 MOTION for to Withdraw as Attorney by Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, MaryLynn Magar, Ryan Petty. (Sayler, Erik) Motions referred to Magistrate Judge Philip R. Lammens. [Transferred from Florida Middle on 9/19/2023.] |
| Filing 82 MOTION for Hearing re #62 MOTION for Preliminary Injunction Evidentiary by Keith Leonard, School Board of Escambia County, Florida. (Grosholz, Jeffrey) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 81 NOTICE to the Courts to take judicial notice regarding #62 MOTION for Preliminary Injunction by Keith Leonard, School Board of Escambia County, Florida. (Grosholz, Jeffrey) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 80 RESPONSE in Opposition re #62 MOTION for Preliminary Injunction filed by Keith Leonard, School Board of Escambia County, Florida. (Attachments: #1 Exhibit 05-30-23 ECSB Minutes, #2 Exhibit 06-20-23 ECSB Minutes, #3 Exhibit Policy 4.06)(Smith, Nicole) [Transferred from Florida Middle on 9/19/2023.] |
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Filing 79
ORDER GRANTING in part #71 Defendants' Motion to Transfer Venue to the Northern District of Florida. The Clerk of Court is DIRECTED to TRANSFER this case to the United States District Court for the Northern District of Florida, Tallahassee Division. See Order for details. Signed by Judge Brian J. Davis on 9/15/2023. (EL) [Transferred from Florida Middle on 9/19/2023.]
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| Filing 78 CERTIFICATE of interested persons and corporate disclosure statement by Keith Leonard, School Board of Lake County, Florida. (Smith, Nicole) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 77 MEMORANDUM in opposition re #71 Motion to Change Venue / Transfer Case filed by B.G., Peter Parnell, Justin Richardson. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Set/reset deadlines as to #62 MOTION for Preliminary Injunction . Motion Hearing set for 9/22/2023 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. (ARL) [Transferred from Florida Middle on 9/19/2023.] |
| Set/reset deadlines as to #71 Time Sensitive MOTION to Change Venue / Transfer Case . Responses due by 9/13/2023 (ARL) [Transferred from Florida Middle on 9/19/2023.] |
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Filing 76
ORDER TAKING UNDER ADVISEMENT #71 Motion to Change Venue / Transfer Case. By September 13, 2023, Plaintiffs shall respond to Defendants' Motion. Defendants' Time Sensitive Motion for Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction #75 is GRANTED IN PART. See Order for deadlines. Signed by Judge Brian J. Davis on 9/7/2023. (EL) Modified on 9/7/2023 to edit text (CKS). [Transferred from Florida Middle on 9/19/2023.]
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| Filing 75 Time Sensitive MOTION for Extension of Time to File Response/Reply as to #62 MOTION for Preliminary Injunction by Keith Leonard, School Board of Escambia County, Florida. (Grosholz, Jeffrey) Motions referred to Magistrate Judge Philip R. Lammens. [Transferred from Florida Middle on 9/19/2023.] |
| Filing 74 NOTICE of Additional Appearance by Jeffrey James Grosholz on behalf of Keith Leonard, School Board of Escambia County, Florida (Grosholz, Jeffrey) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 73 NOTICE of Additional Appearance by John David Marsey on behalf of Keith Leonard, School Board of Escambia County, Florida (Marsey, John) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 72 NOTICE of Lead Counsel Designation by Nicole Sieb Smith on behalf of Keith Leonard, School Board of Escambia County, Florida. Lead Counsel: Nicole Sieb Smith. (Smith, Nicole) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 71 Time Sensitive MOTION to Change Venue / Transfer Case to the Northern District of Florida and Incorporated Memorandum of Law by Keith Leonard, School Board of Escambia County, Florida. (Smith, Nicole) (Modified on 9/7/2023 to edit docket text)(JDR). [Transferred from Florida Middle on 9/19/2023.] |
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Filing 70
ORDER granting #65 the unopposed motion of Nancy A. Fairbank, Esq. to withdraw as counsel. Signed by Magistrate Judge Philip R. Lammens on 9/5/2023. (AR) [Transferred from Florida Middle on 9/19/2023.]
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Filing 69
ORDER granting #55 Motion to Appear Pro Hac Vice of Maria (Masha) Simonova, Esq. Signed by Magistrate Judge Philip R. Lammens on 9/5/2023. (AR) [Transferred from Florida Middle on 9/19/2023.]
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| Filing 68 RETURN of service executed on September 1, 2023 by Justin Richardson, B.G., Peter Parnell as to School Board of Escambia County, Florida. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 67 RETURN of service executed on September 1, 2023 by Justin Richardson, B.G., Peter Parnell as to Keith Leonard. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 66 SUMMONS issued as to Keith Leonard, School Board of Escambia County, Florida. (LAB) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 65 Unopposed MOTION for Nancy A. Fairbank to Withdraw as Attorney by B.G., D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T. (Fairbank, Nancy) Motions referred to Magistrate Judge Philip R. Lammens. [Transferred from Florida Middle on 9/19/2023.] |
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Filing 64
ORDER TAKING UNDER ADVISEMENT #62 Plaintiffs' Motion for Preliminary Injunction and setting the matter for a Hearing to be held on Friday, September 15, 2023, at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. See order for deadlines. Signed by Judge Brian J. Davis on 8/29/2023. (AMP) [Transferred from Florida Middle on 9/19/2023.]
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Filing 63
ENDORSED ORDER: In light of Plaintiffs' First Amended Complaint, Defendants' Motions to Dismiss [Docs. 53, 54] are DENIED without prejudice. Defendants' Motion to Stay Discovery [Doc. 57] is DENIED as moot. Signed by Judge Brian J. Davis on 8/29/2023. (EL) [Transferred from Florida Middle on 9/19/2023.]
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| Filing 62 MOTION for Preliminary Injunction by B.G., Peter Parnell, Justin Richardson. (Attachments: #1 Declaration of Peter Parnell, #2 Declaration of Justin Richardson, #3 Declaration of Raymond Guillory, #4 Declaration of Faith E. Gay, #5 Exhibit A to Declaration of Faith E. Gay (And Tango Makes Three), #6 Exhibit B to Declaration of Faith E. Gay (Escambia County School Board's Special Meeting Agenda), #7 Exhibit C to Declaration of Faith E. Gay (Escambia County School Board Appeal))(Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 61 AMENDED COMPLAINT against Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, Diane Kornegay, MaryLynn Magar, Ryan Petty, School Board of Lake County, Florida, School Board of Escambia County, Florida, Keith Leonard with Jury Demand. filed by Justin Richardson, Peter Parnell, B.G.. Related document: #1 Complaint filed by E.T., Justin RichardsonM.H.E.S.E.D.B.Z.T.D.S., Peter Parnell. (Attachments: #1 Exhibit A - And Tango Makes Three, #2 Exhibit B - Lake Public Records Request, #3 Exhibit C - Destiny Search Results, #4 Exhibit D - Escambia County Board Appeal, #5 Proposed Summons School Board of Escambia County, Florida, #6 Proposed Summons Keith Leonard)(Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 60 STIPULATION re #57 MOTION to Stay Discovery by D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T.. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 59 NOTICE of Appearance by Anita J. Patel on behalf of Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, MaryLynn Magar, Ryan Petty (Patel, Anita) [Transferred from Florida Middle on 9/19/2023.] |
| Set/reset scheduling order deadlines: Amended Pleadings due by 10/27/2023, Discovery due by 5/15/2024, Dispositive motions due by 6/17/2024, All other motions due by 11/13/2024 Defendant disclosure of expert report due by 3/11/2024 and Plaintiff disclosure of expert report due by 2/20/2024. (RLK) [Transferred from Florida Middle on 9/19/2023.] |
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Filing 58
CASE MANAGEMENT AND SCHEDULING ORDER: Mediator selection due by 4/1/2024; Discovery due by 5/15/2024; Dispositive motions due by 6/17/2024; Conduct mediation hearing by 10/1/2024; Pretrial statement due by 11/13/2024; Final Pretrial Conference set for 11/20/2024 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Trial set for the term commencing on 12/2/2024 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 8/21/2023. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP) [Transferred from Florida Middle on 9/19/2023.]
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| Filing 57 MOTION to Stay Discovery by Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, MaryLynn Magar, Ryan Petty. (Costello, David) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 56 CASE MANAGEMENT REPORT. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 55 Unopposed MOTION for Maria (Masha) Simonova to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21119392 for $150 by D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T.. (Gay, Faith) Motions referred to Magistrate Judge Philip R. Lammens. [Transferred from Florida Middle on 9/19/2023.] |
| Filing 54 MOTION to Dismiss Complaint by Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, MaryLynn Magar, Ryan Petty. (Costello, David) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 53 MOTION to Dismiss for Lack of Jurisdiction by Diane Kornegay, School Board of Lake County, Florida. (Broome, Zachary) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 52 CERTIFICATE of interested persons and corporate disclosure statement by Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, Diane Kornegay, MaryLynn Magar, Ryan Petty. (Sayler, Erik) [Transferred from Florida Middle on 9/19/2023.] |
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Filing 51
ORDER DENYING AS MOOT #6 Plaintiffs' Motion for Preliminary Injunction and OVERRULING Plaintiffs' Objection to Defendants' Request for Judicial Notice. Signed by Judge Brian J. Davis on 8/3/2023. (AMP) [Transferred from Florida Middle on 9/19/2023.]
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| Filing 50 RESPONSE re #48 Objection to Defendant's Request for Judicial Notice filed by School Board of Lake County, Florida. (Myers, James) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 49 TRANSCRIPT of Motion Hearing re: #6 Plaintiffs Peter Parnell, Justin Richardson, D.S., E.S., and M.H.'s Motion for Preliminary Injunction held on 07/26/2023 before Judge Brian J. Davis. Court Reporter: Heather Suarez, RMR, CRR, FCRR, FPR-C, WA CCR. Email address: heathersuarez.usocr@gmail.com. Telephone number: (407) 801-8921. NOTICE TO THE PARTIES - 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 available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter 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 8/23/2023. Redacted Transcript Deadline set for 9/5/2023. Release of Transcript Restriction set for 10/31/2023. (HLS) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 48 OBJECTION re #47 Notice to take judicial notice . (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 47 NOTICE to the Courts to take judicial notice regarding Resolution 2023-05 by School Board of Lake County, Florida. (Attachments: #1 Exhibit Ex A - Resolution 2023-05, #2 Exhibit Ex B - Agenda, #3 Exhibit Ex C - Agenda Item Details)(Myers, James) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 46 Minute Entry. In Person Proceedings held before Judge Brian J. Davis: MOTION HEARING held on 7/26/2023. Plaintiffs Peter Parnell, Justin Richardson, D.S., E.S., and M.H.'S Motion for Preliminary Injunction (Doc. #6 ) remains under advisement. Court Reporter: Heather Suarez (CKS) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 45 NOTICE by D.S., E.S., M.H., Peter Parnell, Justin Richardson re Availability for Oral Argument (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 44 NOTICE by D.S., E.S., Peter Parnell, Justin Richardson Joint Letter re Oral Argument (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 43 REPLY to Response to Motion re #6 MOTION for Preliminary Injunction filed by D.S., E.S., M.H., Peter Parnell, Justin Richardson. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 42 NOTICE of Appearance of Counsel and Designation of Lead Counsel by James A. Myers on behalf of School Board of Lake County, Florida (Myers, James) (Modified on 7/20/2023 to edit docket text)(JDR). [Transferred from Florida Middle on 9/19/2023.] |
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Filing 41
ORDER granting #40 Rachel Slepoi, Esq.'s Motion to Withdraw as Attorney for Plaintiffs. Signed by Magistrate Judge Philip R. Lammens on 7/18/2023. (EE) [Transferred from Florida Middle on 9/19/2023.]
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| Filing 40 Unopposed MOTION for Rachel Slepoi to Withdraw as Attorney by D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T.. (Slepoi, Rachel) Motions referred to Magistrate Judge Philip R. Lammens. [Transferred from Florida Middle on 9/19/2023.] |
| Filing 39 RESPONSE to Motion re #6 MOTION for Preliminary Injunction filed by Diane Kornegay, School Board of Lake County, Florida. (Attachments: #1 Affidavit Affidavit of Diane Kornegay)(Broome, Zachary) [Transferred from Florida Middle on 9/19/2023.] |
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Filing 38
ORDER granting motions to appear pro hac vice of Lauren J. Zimmerman, Esq. (Doc. #28 ), Max H. Siegel, Esq. (Doc. #29 ), Nancy A. Fairbank, Esq. (Doc. #30 ), and Rachel Slepoi, Esq., (Doc. #31 ). Signed by Magistrate Judge Philip R. Lammens on 7/13/2023. (EE) [Transferred from Florida Middle on 9/19/2023.]
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Filing 37
ORDER granting #35 Motion for Extension of Time to File. Signed by Magistrate Judge Philip R. Lammens on 7/13/2023. (EE) [Transferred from Florida Middle on 9/19/2023.]
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| Filing 36 NOTICE of Appearance by David Costello on behalf of Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, MaryLynn Magar, Ryan Petty (Costello, David) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 35 Joint MOTION to Set a Briefing Schedule for Motions to Dismiss by All Defendants. (Bell, Daniel) Motions referred to Magistrate Judge Philip R. Lammens. (Modified on 7/13/2023, to edit text) (BGR). [Transferred from Florida Middle on 9/19/2023.] |
| Filing 34 NOTICE of Appearance by Erik Sayler on behalf of Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, MaryLynn Magar, Ryan Petty (Sayler, Erik) [Transferred from Florida Middle on 9/19/2023.] |
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Filing 33
ORDERED: Defendants' Motion to Transfer Under Local Rule 1.07 #13 is DENIED. The parties are cautioned to abide by the deadlines set by the Court in its previous Order (Doc. 9). Signed by Judge Brian J. Davis on 7/7/2023. (EL) [Transferred from Florida Middle on 9/19/2023.]
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| Filing 32 NOTICE of Appearance by Zachary Tyler Broome on behalf of Diane Kornegay, School Board of Lake County, Florida. (Broome, Zachary) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 31 Unopposed MOTION for Rachel Slepoi to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21018265 for $150 by D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T. (Gay, Faith) Motions referred to Magistrate Judge Philip R. Lammens. [Transferred from Florida Middle on 9/19/2023.] |
| Filing 30 Unopposed MOTION for Nancy A. Fairbank to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21018242 for $150 by D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T. (Gay, Faith) Motions referred to Magistrate Judge Philip R. Lammens. [Transferred from Florida Middle on 9/19/2023.] |
| Filing 29 Unopposed MOTION for Max H. Siegel to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21018119 for $150 by D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T. (Gay, Faith) Motions referred to Magistrate Judge Philip R. Lammens. [Transferred from Florida Middle on 9/19/2023.] |
| Filing 28 Unopposed MOTION for Lauren J. Zimmerman to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21018059 for $150 by D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T. (Gay, Faith) Motions referred to Magistrate Judge Philip R. Lammens. Modified text on 7/7/2023 (MCB). [Transferred from Florida Middle on 9/19/2023.] |
| Filing 27 RESPONSE in Opposition re #13 Time Sensitive MOTION to Change Venue / Transfer Case filed by D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T.. (Attachments: #1 Declaration of Anna T. Neill, #2 Exhibit A to the Declaration of Anna T. Neill, #3 Exhibit B to the Declaration of Anna T. Neill, #4 Exhibit C to the Declaration of Anna T. Neill, #5 Exhibit D to the Declaration of Anna T. Neill, #6 Exhibit E to the Declaration of Anna T. Neill)(Neill, Anna) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 26 NOTICE of Lead Counsel Designation by Faith Elizabeth Gay on behalf of D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T.. Lead Counsel: Faith E. Gay. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 25 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). (CKS) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 24 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (CKS) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 23 RETURN of service executed on June 23, 2023 by E.S., Justin Richardson, Peter Parnell, D.S., E.D.B., E.T., Z.T., M.H. as to Monesia Brown. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 22 RETURN of service executed on June 26, 2023 by E.S., Justin Richardson, Peter Parnell, D.S., E.D.B., E.T., Z.T., M.H. as to MaryLynn Magar. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 21 RETURN of service executed on June 23, 2023 by E.S., Justin Richardson, Peter Parnell, D.S., E.D.B., E.T., Z.T., M.H. as to Manny Diaz, Jr. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 20 RETURN of service executed on June 26, 2023 by E.S., Justin Richardson, Peter Parnell, D.S., E.D.B., E.T., Z.T., M.H. as to Kelly Garcia. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 19 RETURN of service executed on June 23, 2023 by E.S., Justin Richardson, Peter Parnell, D.S., E.D.B., E.T., Z.T., M.H. as to Grazie P. Christie. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 18 RETURN of service executed on June 23, 2023 by E.S., Justin Richardson, Peter Parnell, D.S., E.D.B., E.T., Z.T., M.H. as to School Board of Lake County, Florida. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 17 RETURN of service executed on June 24, 2023 by E.S., Justin Richardson, Peter Parnell, D.S., E.D.B., E.T., Z.T., M.H. as to Esther Byrd. (Gay, Faith) (Modified on 6/30/2023, to edit text) (BGR). [Transferred from Florida Middle on 9/19/2023.] |
| Filing 16 RETURN of service executed on June 26, 2023 by E.S., Justin Richardson, Peter Parnell, D.S., E.D.B., E.T., Z.T., M.H. as to Diane Kornegay. (Gay, Faith) (Modified on 6/30/2023, to edit text) (BGR). [Transferred from Florida Middle on 9/19/2023.] |
| Filing 15 RETURN of service executed on June 23, 2023 by E.S., Justin Richardson, Peter Parnell, D.S., E.D.B., E.T., Z.T., M.H. as to Ben Gibson. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
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Filing 14
ORDER TAKING UNDER ADVISEMENT #13 Motion to Change Venue / Transfer Case. 2.By July 7, 2023, Plaintiffs shall respond to Defendants' Motion. The Court expects strict adherence to the deadline in this Order. Signed by Judge Brian J. Davis on 6/29/2023. (EL) [Transferred from Florida Middle on 9/19/2023.]
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| Set/reset deadlines as to #13 Time Sensitive MOTION to Change Venue / Transfer Case. Responses due by 7/7/2023 (JK) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 13 Time Sensitive MOTION to Change Venue / Transfer Case by Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, MaryLynn Magar, Ryan Petty. (Bell, Daniel) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 12 NOTICE of Appearance by Daniel Bell on behalf of Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, MaryLynn Magar, Ryan Petty (Bell, Daniel) [Transferred from Florida Middle on 9/19/2023.] |
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Filing 11
ORDER Setting Hearing on #7 Plaintiffs' Request for Oral Argument for Wednesday, 7/26/2023 at 1:00 PM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 6/28/2023. (AMP) [Transferred from Florida Middle on 9/19/2023.]
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| Filing 10 PROOF of service by D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T. (Gay, Faith) Modified to reflect counsel notified to refile individually under correct case event on 6/29/2023 (JK). [Transferred from Florida Middle on 9/19/2023.] |
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Filing 9
ORDER TAKING UNDER ADVISEMENT #6 Plaintiffs' Motion for Preliminary Injunction. Plaintiff must provide by June 28, 2023, proper proof of service upon the Lake County Defendants. The Court will set Plaintiff's motion for hearing, if necessary, once the parties have filed their briefing. See order for other details and deadlines. Signed by Judge Brian J. Davis on 6/22/2023. (AMP) [Transferred from Florida Middle on 9/19/2023.]
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| Filing 8 SUMMONS issued as to Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, Diane Kornegay, MaryLynn Magar, Ryan Petty, School Board of Lake County, Florida. (LAB) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 7 REQUEST for oral argument re #6 MOTION for Preliminary Injunction . Request for Oral Argument and Evidentiary Hearing by D.S., E.S., M.H., Peter Parnell, Justin Richardson. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 6 MOTION for Preliminary Injunction by D.S., E.S., M.H., Peter Parnell, Justin Richardson. (Attachments: #1 Declaration of Peter Parnell, #2 Declaration of Justin Richardson, #3 Declaration of Ann Roe, #4 Declaration of Faith E. Gay, #5 Exhibit A to Declaration of Faith E. Gay (And Tango Makes Three), #6 Exhibit B to Declaration of Faith E. Gay (Library Catalog Search Results), #7 Exhibit C to Declaration of Faith E. Gay (Library Catalog Entries), #8 Exhibit D to Declaration of Faith E. Gay (Lake County Public Records Request), #9 Exhibit E to Declaration of Faith E. Gay (Library Catalog Entry - New Barker in the House))(Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 5 CERTIFICATE of interested persons and corporate disclosure statement by D.S., E.D.B., E.S., E.T., M.H., Peter Parnell, Justin Richardson, Z.T.. (Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 4 Case Reassigned to Judge Brian J. Davis. New case number: 5:23-cv-381-BJD-PRL. Judge John Antoon II no longer assigned to the case. (LMF) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 3 NOTICE TO COUNSEL Lauren J. Zimmerman, Max H. Siegel, Nancy A. Fairbank, Rachel Slepoi 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; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (AET) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 2 NEW CASE ASSIGNED to Judge John Antoon II and Magistrate Judge Philip R. Lammens. New case number: 5:23-cv-381-JA-PRL. (AET) [Transferred from Florida Middle on 9/19/2023.] |
| Filing 1 COMPLAINT against Monesia Brown, Esther Byrd, Grazie P. Christie, Manny Diaz, Jr, Kelly Garcia, Ben Gibson, Diane Kornegay, MaryLynn Magar, Ryan Petty, School Board of Lake County, Florida with Jury Demand (Filing fee $402 receipt number AFLMDC-20954289) filed by E.S., Justin Richardson, Peter Parnell, D.S., E.D.B., E.T., Z.T., M.H.. (Attachments: #1 Exhibit A - And Tango Makes Three, #2 Exhibit B - Lake County Public Records Request, #3 Exhibit C - Library Catalog Search Results, #4 Civil Cover Sheet Civil Cover Sheet, #5 Civil Cover Sheet Civil Cover Sheet Addendum, #6 Proposed Summons - School Board of Lake County, #7 Proposed Summons - Diane Kornegay, #8 Proposed Summons - Manny Diaz, Jr., #9 Proposed Summons - Ben Gibson, #10 Proposed Summons - Ryan Petty, #11 Proposed Summons - Monesia Brown, #12 Proposed Summons - Esther Byrd, #13 Proposed Summons - Grazie P. Christie, #14 Proposed Summons - Kelly Garcia, #15 Proposed Summons - MaryLynn Magar)(Gay, Faith) [Transferred from Florida Middle on 9/19/2023.] |
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