Hayes et al v. Governor of Florida et al
| JUDITH ANNE HAYES, ROBYN MCCARTHY, JOHN MCCARTHY, AMANDA BANEK, KAS ARONE- MILLER, ALISHA TODD, JAMIE KINDER, CHRIS RODRIGUEZ, JACK KOCH, KRISTEN THOMPSON, EREN DOOLEY, TOM COLLINS and Kas Arone-Miller |
| GOVERNOR RONALD DION DESANTIS, FLORIDA DEPARTMENT OF EDUCATION, RICHARD CORCORAN, ORANGE COUNTY SCHOOL BOARD, MIAMI DADE COUNTY SCHOOL BOARD, HILLSBOROUGH COUNTY SCHOOL BOARD, PALM BEACH SCHOOL BOARD, BROWARD COUNTY SCHOOL BOARD, PASCO COUNTY SCHOOL BOARD, ALACHUA COUNTY SCHOOL BOARD, VOLUSIA COUNTY SCHOOL BOARD, Governor of Florida, Florida Department of Health and Joseph A. Ladapo |
| 1:2021cv22863 |
| August 6, 2021 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| None |
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| Filing 175 LETTER of Inquiry by John McCarthy (ls) |
Filing 174
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Stipulation of Dismissal. #173 . Therein, the Parties stipulate to the dismissal of this matter with prejudice. Id. at 2. Rule 41(a)(1)(A)(ii) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim by filing a stipulation of dismissal signed by all parties who have appeared. Fed. R. Civ. P. 41(a)(1)(A)(ii). Here, the Joint Stipulation is signed by all parties who have appeared. #173 at 2-5. Accordingly, UPON CONSIDERATION of the Joint Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the above-styled cause is DISMISSED WITH PREJUDICE. The Clerk of Court is INSTRUCTED to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 5/16/2022. (soy)
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| Filing 173 STIPULATION of Dismissal Joint by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson (Dietz, Matthew) |
| Filing 172 Notice of Supplemental Authority IN OPPOSITION TO DEFENDANTS MOTIONS TO DISMISS PLAINTIFFS AMENDED COMPLAINT [DE 125, 126, 127, 128, 129, 130 AND 131] by Kas Arone-Miller, Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson (Attachments: #1 Exhibit A, #2 Exhibit B) (Dietz, Matthew) |
| Filing 171 REPLY to Response to Motion re #164 EXPEDITED MOTION Stay of Discovery filed by Palm Beach School Board. (Fahey, Sean) |
| Filing 170 RESPONSE in Opposition re #160 Plaintiff's MOTION to Strike #159 Response/Reply (Other) filed by Richard Corcoran, Florida Department of Education. Replies due by 3/29/2022. (Kamoutsas, Anastasios) |
| Filing 169 Notice of Supplemental Authority re #125 Defendant's MOTION to Dismiss with Prejudice #121 Amended Complaint/Amended Notice of Removal, for Injunctive Relief by Hillsborough County School Board (Gardner, Christine) |
| Filing 168 Joint REPLY to Response to Motion re #161 Joint EXPEDITED MOTION For Protective Order to Stay Discovery filed by Hillsborough County School Board, Volusia County School Board. (Gardner, Christine) |
| Filing 167 MOTION to Adopt/Join #161 Joint EXPEDITED MOTION For Protective Order to Stay Discovery , #164 EXPEDITED MOTION Stay of Discovery by Richard Corcoran, Florida Department of Education. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Kamoutsas, Anastasios) |
| Filing 166 RESPONSE to Motion re #164 EXPEDITED MOTION Stay of Discovery , #161 Joint EXPEDITED MOTION For Protective Order to Stay Discovery filed by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson. Replies due by 3/22/2022. (Dietz, Matthew) |
| Filing 165 Notice of Supplemental Authority re #129 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, by Palm Beach School Board (Fahey, Sean) |
| Filing 164 EXPEDITED MOTION Stay of Discovery by Palm Beach School Board. (Attachments: #1 Exhibit A, #2 Exhibit B)(Fahey, Sean) |
| Filing 163 PAPERLESS NOTICE RESCHEDULING HEARING: The Calendar Call in this matter was incorrectly set for Friday, September 9, 2022. The Calendar Call is reset for Thursday, September 8, 2022 at 2:00 PM in Miami Division before Judge K. Michael Moore. (tgr) |
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Filing 162
PAPERLESS ORDER SETTING BRIEFING SCHEDULE ON MOTION FOR PROTECTIVE ORDER TO STAY DISCOVERY #161 . THIS CAUSE came before the Court upon Defendants Orange County School Board, Alachua County School Board, Volusia County School Board, and the School Board of Hillsborough County, Florida's Joint Expedited Motion for Protective Order to Stay Discovery. #161 . Given that Defendants' responses to Plaintiffs' discovery requests are currently due by the end of March 2022, the Court finds an expedited briefing schedule to be appropriate. Accordingly, UPON CONSIDERATION of the pertinent portions of the record and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties shall comply with the following expedited briefing schedule: Plaintiffs' response to the Motion #161 shall be due on or before Wednesday, March 16, 2022 and Defendant may file a reply, if it so chooses, by noon on Friday, March 18, 2022. Signed by Judge K. Michael Moore on 3/11/2022. (soy)
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| Filing 161 Joint EXPEDITED MOTION For Protective Order to Stay Discovery by Orange County School Board. (Attachments: #1 Exhibit A Interrogatories to OCSB, #2 Exhibit B Requests for Production to OCSB, #3 Exhibit C Interrogatories to ACSB, #4 Exhibit D Requests for Production to ACSB, #5 Exhibit E Interrogatories to VCSB, #6 Exhibit F Requests for Production to VCSB, #7 Exhibit G Interrogatories to HCSB, #8 Exhibit H Requests for Production to HCSB)(Pitsch, Amy) |
| Filing 160 Plaintiff's MOTION to Strike #159 Response/Reply (Other) by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson. Responses due by 3/22/2022 (Dietz, Matthew) |
| Filing 159 RESPONSE to #153 Response to Order to Show Cause by Richard Corcoran, Florida Department of Education. (Kamoutsas, Anastasios) |
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Filing 158
PAPERLESS ORDER. THIS CAUSE comes before the Court upon Defendant School Board of Hillsborough County, Florida's Notice of Withdrawal of Counsel. #156 . Therein, Defendant requests that the Court grant attorney Zarra R. Elias leave to withdraw "due to her upcoming departure from Akerman LLP." Id. at 1. Defendant states that "all other counsels of record on behalf of Defendant will remain the same." See id. Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Zarra R. Elias shall be relieved of all further responsibilities related to Defendant School Board of Hillsborough County, Florida in these proceedings. The Clerk of Court is INSTRUCTED to remove Zarra R. Elias as counsel for Defendant School Board of Hillsborough County, Florida. Signed by Judge K. Michael Moore on 3/7/2022. (tgr)
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| Filing 157 Plaintiff's NOTICE of Mediator Selection. Selected/Added John W. Thornton, Jr as Mediator. (Dietz, Matthew) |
| Filing 156 MOTION to Withdraw as Attorney by Zarra R. Elias for / by Hillsborough County School Board. Responses due by 3/18/2022 (Elias, Zarra) |
| Filing 155 Clerks Notice of Docket Correction re #154 Order of Instructions to Pro Se Litigant. Document Filed in Wrong Case; Document restricted and docket text modified (Per Chambers). Document refiled in correct case # 22-cv-20235. (sk) |
| Filing 154 Error in Docketing per Chambers (thn) Modified status/text on 3/4/2022 (sk). |
| Filing 153 RESPONSE TO ORDER TO SHOW CAUSE re 148 Order to Show Cause,,,,,,,,,,,,,,,,, by Eren Dooley, Jamie Kinder, Robyn McCarthy, Judith Anne Hayes, John McCarthy, Amanda Banek, Kristen Thompson. (Dietz, Matthew) |
| Filing 152 REPLY to Response to Motion re #131 MOTION TO DISMISS #121 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Volusia County School Board. (Yoon, Carol) |
| Filing 151 Defendant's REPLY to Response to Motion re #125 Defendant's MOTION to Dismiss with Prejudice #121 Amended Complaint/Amended Notice of Removal, for Injunctive Relief filed by Hillsborough County School Board. (Gardner, Christine) |
| Filing 150 REPLY to Response to Motion re #126 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, filed by Richard Corcoran, Florida Department of Education. (Kamoutsas, Anastasios) |
| Filing 149 REPLY to Response to Motion re #129 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, filed by Palm Beach School Board. (Fahey, Sean) |
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Filing 148
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE came before the Court upon a sua sponte review of the record in this case. On September 8, 2021, the Court held a hearing on Plaintiff's Motion for Preliminary Injunction. #104 . During the hearing, the Court asked Plaintiffs' counsel: And if the CDC says at some point if the future that masks are no longer required or mandatory, do you think you would still have a cause of action to sue the School Board for allowing the mask opt-out option? Id. at 23:1821. Plaintiffs' counsel responded: "No, not for an across-the-board policy. There may be an individual thing for one child that may need an alteration to what he does or she does because of an immunocompromised state, but no, there would be no way that I could possibly sue a school district for an across-the-board policy when it affects one child to change their entire policy. It's just -- that's the difference. Id. at 23:2224:3. Recently, the Centers for Disease Control (CDC) has withdrawn its guidance for universal masking in many counties throughout the United States based on COVID-19 community level transmission rates including, as relevant to this case: Miami-Dade County, Palm Beach County, and Volusia County. See CDC, Know Your COVID-19 Community Level, https://www.cdc.gov/coronavirus/2019-ncov/your-health/covid-by-county.html (last visited Feb. 28, 2022). The CDC has also revised its guidance for schools, and states that its guidance for educational settings aligns with its community level approach. See CDC, Schools, Childcare, and Colleges, https://www.cdc.gov/coronavirus/2019-ncov/community/schools-childcare/index.html (last visited Feb 28, 2022) ("CDC's new COVID-19 Community Levels recommendations align precautions for educational settings with those for other community settings."). "[I]t is well settled that a federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking." Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999) (citations omitted). Article III of the Constitution limits federal courts to adjudicating actual 'cases' and 'controversies.'" A&M Gerber Chiropractic LLC v. GEICO Gen. Ins. Co., 925 F.3d 1205, 1210 (11th Cir. 2019) (citation omitted). ). "This case-or-controversy requirement comprises three familiar strands: (1) standing, (2) ripeness, and (3) mootness." Gardner v. Mutz, 962 F.3d 1329, 1336 (11th Cir. 2020). "Perhaps the most important of the Article III doctrines grounded in the case-or-controversy requirement is that of standing." Id. (quoting Wooden v. Bd. of Regents of the Univ. Sys. of Ga., 247 F.3d 1262, 1273 (11th Cir. 2001)). "Standing cannot be waived or conceded by the parties, and it may be raised (even by the court sua sponte) at any stage of the case. Id. (quoting Bender v. Williamsport Area Sch. Dist., 475 U.S. 534, 541 (1986)). "In essence the question of standing is whether the litigant is entitled to have the court decide the merits of the dispute or of particular issues." Id. (citing Warth v. Seldin, 422 U.S. 490, 498 (1975)). "The Supreme Court has often remarked that 'the doctrine of mootness can be described as the doctrine of standing set in a time frame: The requisite personal interest that must exist at the commencement of the litigation (standing) must continue throughout its existence (mootness).'" Silva v. Baptist Health S. Fla., Inc., 838 F. App'x 376, 384 (11th Cir. 2020) (citing Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc., 528 U.S. 167, 189, 120 S.Ct. 693, 145 L.Ed.2d 610 (2000) (quotation marks omitted)). Here, before ruling on the pending motions to dismiss in this case, the Court is obligated to inquire into its subject matter jurisdiction given that Plaintiffs' counsel has stated that there would be no basis for an across-the-board policy if the CDC were to revise its guidance to say that masks are not required or mandatory. Accordingly, Plaintiff is hereby ORDERED TO SHOW CAUSE by March 3, 2022, as to why standing exists to create an Article III injury in light of recent revisions to CDC guidance. Defendants may file a response, but are not required to do so. All responses to this Order must be less than five (5) pages. Signed by Judge K. Michael Moore on 2/28/2022. (thn)
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| Filing 147 RESPONSE to Motion re #130 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #121 Amended Complaint/Amended Notice of Removal, Defendant's MOTION to Dismiss for Lack of Jurisdiction #121 Amended Complaint/Amended Notice of Removal, filed by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson. Replies due by 3/1/2022. (Dietz, Matthew) |
| Filing 146 RESPONSE to Motion re #125 Defendant's MOTION to Dismiss with Prejudice #121 Amended Complaint/Amended Notice of Removal, for Injunctive Relief filed by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson. Replies due by 3/1/2022. (Dietz, Matthew) |
| Filing 145 RESPONSE to Motion re #128 Defendant's MOTION to Dismiss for Lack of Jurisdiction #121 Amended Complaint/Amended Notice of Removal, filed by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson. Replies due by 3/1/2022. (Attachments: #1 Exhibit -1)(Dietz, Matthew) |
| Filing 144 RESPONSE to Motion re #127 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, for Injunctive Relief and Jury Demand filed by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson. Replies due by 3/1/2022. (Dietz, Matthew) |
| Filing 143 RESPONSE to Motion re #129 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, filed by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson. Replies due by 3/1/2022. (Dietz, Matthew) |
| Filing 142 RESPONSE to Motion re #126 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, filed by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson. Replies due by 3/1/2022. (Dietz, Matthew) |
| Filing 141 RESPONSE to Motion re #131 MOTION TO DISMISS #121 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson. Replies due by 3/1/2022. (Dietz, Matthew) |
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Filing 140
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Clarification. #137 . Therein, Plaintiffs seek clarification as to whether their responses to Defendants' Motions to Dismiss may be filed on February 22, 2022 because February 21, 2022 is a federal holiday. Id. at 1. Accordingly, UPON CONSIDERATION of the Motion #137 , pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' Motion #137 is GRANTED. Plaintiffs may file their responses to Defendants' Motions to Dismiss on or before February 22, 2022. Signed by Judge K. Michael Moore on 2/18/2022. (thn)
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Filing 139
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning September 12, 2022, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 2/17/2022. (thn)
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Filing 138
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of September 12, 2022, at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on September 9, 2022, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for August 30, 2022, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY"BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 2/17/2022. (thn) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 137 Plaintiff's MOTION for clarification 136 Order on Motion for Extension of Time to File Response/Reply/Answer,,,,, by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson. Responses due by 3/2/2022 (Dietz, Matthew) |
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Filing 136
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion for Extension of Time. #135 . Plaintiffs' deadline to respond to Defendants' Motions to Dismiss was February 17, 2022. #125 ; #126 ; #127 ; #128 ; #129 ; #130 ; #131 . Now, Plaintiffs request an additional ten (10) days to respond to Defendants' Motions to Dismiss. #135 at 2. Plaintiffs explain that additional time is necessary in order to adequately address Defendants' arguments and to address new decisions in the Third Circuit, the Fourth Circuit, Sixth Circuit and Eighth Circuit. Id. at 2. The Court finds Plaintiffs' argument to be unconvincing because many of the arguments presented in Defendants' Motions to Dismiss are very similar to, if not exactly the same as, the arguments that have prevailed in this case for several months now and the fundamental issues in this case have not changed. However, in light of the large number of Motions to Dismiss pending, the Court will grant a brief extension for Plaintiffs to file responses. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #135 is GRANTED IN PART and DENIED IN PART. Plaintiffs must respond to the Motions to Dismiss on or before February 21, 2022. Signed by Judge K. Michael Moore on 2/15/2022. (thn)
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| Filing 135 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #125 Defendant's MOTION to Dismiss with Prejudice #121 Amended Complaint/Amended Notice of Removal, for Injunctive Relief, #131 MOTION TO DISMISS #121 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM , #130 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #121 Amended Complaint/Amended Notice of Removal, Defendant's MOTION to Dismiss for Lack of Jurisdiction #121 Amended Complaint/Amended Notice of Removal, , #126 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, , #127 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, for Injunctive Relief and Jury Demand, #129 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, , #128 Defendant's MOTION to Dismiss for Lack of Jurisdiction #121 Amended Complaint/Amended Notice of Removal, by Kas Arone-Miller, Amanda Banek, Tom Collins, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson. (Dietz, Matthew) |
| Filing 134 Joint SCHEDULING REPORT - Rule 16.1 by Amanda Banek, Eren Dooley, Judith Anne Hayes, Jamie Kinder, John McCarthy, Robyn McCarthy, Kristen Thompson (Dietz, Matthew) |
| Filing 133 NOTICE of Attorney Appearance by Christine Edwards Lamia on behalf of Florida Department of Health, Joseph A. Ladapo (Lamia, Christine) |
| Filing 132 NOTICE of Attorney Appearance by Christine Edwards Lamia on behalf of Florida Department of Health, Joseph A. Ladapo. Attorney Christine Edwards Lamia added to party Florida Department of Health(pty:dft), Attorney Christine Edwards Lamia added to party Joseph A. Ladapo(pty:dft). (Lamia, Christine) |
| Filing 131 MOTION TO DISMISS #121 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Volusia County School Board. Responses due by 2/17/2022 (Yoon, Carol) |
| Filing 130 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #121 Amended Complaint/Amended Notice of Removal, , Defendant's MOTION to Dismiss for Lack of Jurisdiction #121 Amended Complaint/Amended Notice of Removal, ( Responses due by 2/17/2022) by Alachua County School Board. (Mickens, Natasha) |
| Filing 129 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, by Palm Beach School Board. Responses due by 2/17/2022 (Fahey, Sean) |
| Filing 128 Defendant's MOTION to Dismiss for Lack of Jurisdiction #121 Amended Complaint/Amended Notice of Removal, by Miami Dade County School Board. Responses due by 2/17/2022 (Marken, Sara) |
| Filing 127 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, for Injunctive Relief and Jury Demand by Orange County School Board. Responses due by 2/17/2022 (Pitsch, Amy) |
| Filing 126 MOTION to Dismiss #121 Amended Complaint/Amended Notice of Removal, by Richard Corcoran, Florida Department of Education. Responses due by 2/17/2022 (Kamoutsas, Anastasios) |
| Filing 125 Defendant's MOTION to Dismiss with Prejudice #121 Amended Complaint/Amended Notice of Removal, for Injunctive Relief by Hillsborough County School Board. Responses due by 2/17/2022 (Gardner, Christine) |
| Filing 124 SUMMONS (Affidavit) Returned Executed on #121 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Eren Dooley, Jamie Kinder, Judith Anne Hayes, Alisha Todd, Chris Rodriguez, Kristen Thompson. Florida Department of Health served on 1/25/2022, response/answer due 2/15/2022. (Dietz, Matthew) |
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Filing 123
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte review of the record in this case. On August 6, 2021, the Court entered a Paperless Pretrial Order 5 which required, among other things, that the Parties hold a scheduling conference pursuant to S.D. Fla. L.R. 16.1 and to file a joint scheduling report. 5 . Now that this case has been reopened, the Parties are hereby reminded of their obligation to comply with L.R. 16.1 and to file a joint scheduling report. However, because this case was closed for several months and has only just recently been reopened, the Court finds cause for an extension of the deadline set in the Court's Order 5 . Accordingly, UPON CONSIDERATION the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties shall submit a joint scheduling report, that complies with the requirements set forth in the Court's Order 5 , on or before February 11, 2022. Signed by Judge K. Michael Moore on 1/24/2022. (thn)
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| Filing 122 Summons Issued as to Florida Department of Health, Joseph A. Ladapo. (jas) |
| Filing 121 First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Eren Dooley, Jamie Kinder, Robyn McCarthy, Judith Anne Hayes, Alisha Todd, John McCarthy, Jack Koch, Tom Collins, Amanda Banek, Kristen Thompson, Kas Arone-Miller. (Attachments: #1 Summon(s) Florida Department of Health, #2 Summon(s) JOSEPH A LADAPO)(Dietz, Matthew) |
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Filing 120
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Plaintiffs' Motion to File an Amended Complaint and to Reopen this Case. #116 . Therein, Plaintiffs seek to reopen this case and file an Amended Complaint that would permit them to add parties, drop parties, and to revise their claims to cure a "pleading defect." Id. at 3-5. The State Defendants have filed a response in opposition to Plaintiff's Motion #119 and have simultaneously filed a Motion to Reopen #118 their previously filed Motion to Dismiss 169 . State Defendants arguments against granting leave to amend the complaint are directed to the merits of the amended complaint. #119 . Rule 15(a) of the Federal Rules of Civil Procedure provides that "[a] party may amend its pleading once as a matter of course within... 21 days after service of a motion under Rule 12(b), (e), or (f)." Fed. R. Civ. P. 15(a)(1)(B). Beyond that, "a party may amend its pleading only with the opposing party's written consent or the court's leave" and "[t]he court should freely give leave when justice so requires." Fed. R. Civ. P. 15(a)(2). The decision whether to grant leave to amend is committed to the sound discretion of the trial court. Best Canvas Prods. & Supplies, Inc. v. Ploof Truck Lines, Inc., 713 F.2d 618, 622 (11th Cir. 1983). Normally, "[a] court may consider several factors when deciding whether to grant a motion to amend, including 'undue delay, bad faith or dilatory motive, repeated failure to cure deficiencies by amendments previously allowed, undue prejudice to the opposing party by virtue of allowance of the amendment, and futility of amendment." Perez v. Wells Fargo N.A., 774 F.3d 1329, 1340 (11th Cir. 2014) (alterations incorporated) (quoting Equity Lifestyle Props., Inc. v. Fla. Mowing & Landscape Serv., Inc., 556 F.3d 1232, 1241 (11th Cir. 2009)). And, "[u]nless there is a substantial reason to deny leave to amend, the discretion of the district court is not broad enough to permit denial." Dussouy v. Gulf Coast Inv. Corp., 660 F.2d 594, 598 (5th Cir. 1981). However, "[a] plaintiff seeking leave to amend its complaint after the deadline designated in a scheduling order must demonstrate 'good cause' under Fed. R. Civ. P. 16(b)." S. Grouts & Mortars, Inc. v. 3M Co., 575 F.3d 1235, 1241 (11th Cir. 2009) (citing Sosa v. Airprint Sys., 133 F.3d 1417, 1418 n.2 (11th Cir. 1998)). To begin, the Court never dismissed the original Complaint. Rather, the Court denied Plaintiffs' Motion for a Preliminary Injunction. #98 ; #17 . The Court's Order #98 was subsequently appealed. #111 . Thereafter, Plaintiffs voluntarily dismissed their appeal. #115 . Thus, while the Court ruled that Plaintiffs were not likely to succeed on the merits, the Court did not actually dismiss the original Complaint. At this point, while the reasons that the Court found Plaintiffs likely would not succeed on the merits may persist, it remains the case that the original Complaint has yet to be dismissed. State Defendants' arguments are directed principally to the merits of Plaintiffs' claims. However, a ruling on the merits of this case should not be logjammed into a ruling on a Motion to Amend the Complaint. Rather, it makes sense to address State Defendants' arguments in the ordinary course of this case, such as through a motion to dismiss. Additionally, the Court finds that leave to amend the complaint is warranted in order to afford Plaintiffs the opportunity to cure previous deficiencies in the Complaint. See Stevens v. Premier Cruises, Inc., 215 F.3d 1237( 11th Cir. 2000) (the District Court, must give a plaintiff one opportunity to amend the complaint and to cure the pleading defect). Accordingly, UPON CONSIDERATION of the Motion #116 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #116 is GRANTED. Plaintiffs may file an amended complaint on or before January 20, 2022. State Defendants' Motion #119 to Reopen Motion to Dismiss #69 is DENIED AS MOOT. The Clerk of Court is hereby INSTRUCTED to REOPEN this case. Signed by Judge K. Michael Moore on 1/19/2022. (thn)
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| Case Reopened per DE# 120 Paperless Order granting #116 Motion to File an Amended Complaint and to Reopen Case. (Amended Complaint due on or before 1/20/2022) (jas) |
| Filing 119 RESPONSE in Opposition re #116 First MOTION for Leave to File AN AMENDED COMPLAINT filed by RICHARD CORCORAN, FLORIDA DEPARTMENT OF EDUCATION. Replies due by 1/24/2022. (Kamoutsas, Anastasios) |
| Filing 118 MOTION to Dismiss #69 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by RICHARD CORCORAN, FLORIDA DEPARTMENT OF EDUCATION. Responses due by 1/31/2022 (Kamoutsas, Anastasios) |
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Filing 117
PAPERLESS ORDER SETTING BRIEFING SCHEDULE ON MOTION FOR LEAVE TO FILE AMENDED COMPLAINT #116 . THIS CAUSE came before the Court upon Plaintiffs' Motion for Leave to File an Amended Complaint. #116 . Therein, Plaintiffs inform the Court that the State Defendants oppose the filing of an Amended Complaint. Id. at 4. Accordingly, before ruling on the Plaintiff's Motion #116 , the Court will first give the State Defendants an opportunity to respond to Plaintiff's Motion #116 . UPON CONSIDERATION of the pertinent portions of the record and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Parties shall comply with the following expedited briefing schedule: the State Defendants' response to the Motion #116 shall be due on or before January 17, 2022 and Plaintiffs may have seven (7) days to file a reply, if they so chose. Signed by Judge K. Michael Moore on 1/4/2022. (thn)
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| Reset Deadline per DE#117 as to #116 First MOTION for Leave to File AN AMENDED COMPLAINT. Responses due by 1/17/2022. (scn) |
| Filing 116 First MOTION for Leave to File AN AMENDED COMPLAINT by AMANDA BANEK, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. (Attachments: #1 Exhibit A-Amended Complaint)(Dietz, Matthew) |
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Filing 115
ORDER of Dismissal of USCA, Joint Motion for Voluntary Dismissal of Appellants' appeal is GRANTED. Each party will bear their own costs and fees as to #111 Notice of Appeal, filed by AMANDA BANEK, ROBYN MCCARTHY, JAMIE KINDER, TOM COLLINS, ALISHA TODD, JOHN MCCARTHY, JUDITH ANNE HAYES, JACK KOCH, CHRIS RODRIGUEZ, KRISTEN THOMPSON, EREN DOOLEY, KAS ARONE- MILLER, USCA # 21-13409-X (hh)
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| Filing 114 Acknowledgment of Receipt of NOA from USCA re #111 Notice of Appeal, filed by AMANDA BANEK, ROBYN MCCARTHY, JAMIE KINDER, TOM COLLINS, ALISHA TODD, JOHN MCCARTHY, JUDITH ANNE HAYES, JACK KOCH, CHRIS RODRIGUEZ, KRISTEN THOMPSON, EREN DOOLEY, KAS ARONE- MILLER. Date received by USCA: 10/4/2021. USCA Case Number: 21-13409-JJ. (kpe) |
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Filing 113
PAPERLESS ORDER STAYING CASE. THIS CAUSE came before the Court upon a sua sponte review of the record in the above-captioned case. On October 4, 2021, Plaintiffs filed a Notice of Appeal #111 as to their interlocutory appeal of the Court's Order Denying Preliminary Injunction #98 and Order Denying Plaintiffs' Motion for Reconsideration 109 . #111 . Accordingly, UPON CONSIDERATION of the Notice of Appeal #111 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that this case shall be STAYED and administratively CLOSED until the Eleventh Circuit has issued an order as to the pending appeal. The Clerk of Court is INSTRUCTED to administratively CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Additionally, the Parties shall file a status report every sixty (60) days informing the Court as to the status of the appeal and shall promptly inform the Court upon the resolution of the pending appeal. The Parties may move to reopen any pending motions upon the resolution of the appeal, if necessary. Signed by Judge K. Michael Moore on 10/6/2021. (thn)
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Filing 112
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Preliminary Injunction Pending Appeal. #110 . On September 15, 2021, the Court denied Plaintiffs' Motion for Preliminary Injunction #17 . #98 . Then, on October 1, 2021, the Court denied Plaintiffs' Motion for Reconsideration #107 . 109 . Now, Plaintiff has filed a third Motion seeking a preliminary injunction in this case, pending the outcome of an appeal. #110 . However, shortly after filing the instant Motion #110 , Plaintiffs appealed this case to the Eleventh Circuit. #111 . "The filing of a notice of appeal is an event of jurisdictional significanceit confers jurisdiction on the court of appeals and divests the district court of its control over those aspects of the case involved in the appeal." Griggs v. Provident Consumer Disc. Co., 459 U.S. 56, 58 (1982). Here, Plaintiffs ask the Court to rule, for a third time, on issues that are now at the center of their appeal to the Eleventh Circuit. See #110 . However, Court is without jurisdiction as to the aspects of this case that are involved in the appeal. Griggs, 459 U.S. at 58. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #110 is DENIED. Signed by Judge K. Michael Moore on 10/6/2021. (thn)
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| Filing 111 Notice of Appeal as to #98 Order on Motion for Preliminary Injunction, 109 Order on Motion for Reconsideration,,,,,,,,,,,,,,,,,,,,,,,, by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. Filing fee $ 505.00 receipt number AFLSDC-15064139. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit A-Order Denying Plaintiffs Amended Motion for Preliminary Injunction [DE-98], #2 Exhibit B-Order Denying Plaintiffs Motion for Reconsideration [DE-109])(Dietz, Matthew) |
| Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re #111 Notice of Appeal, Notice has been electronically mailed. (apz) |
| Filing 110 MOTION for Preliminary Injunction Pending Appeal by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. (Dietz, Matthew) |
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Filing 109
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Expedited Motion for Reconsideration. #107 . Therein, Plaintiffs move the Court to reconsider its Order Denying Preliminary Injunction #98 . #107 at 1. In support of their request, Plaintiffs argue that: (1) new Florida regulations make it easier for children who are exposed to COVID-19 to return to school without masks when asymptomatic; (2) that Court should consider that Plaintiff Todd was told by her school district that she should assume children will be "unmasked and COVID positive due to the governor's executive orders," see [107-1]; (3) the Court should follow two other courts have entered preliminary injunctions against anti-mask policies in other states, see S.B. by & through M.B. v. Lee, No. 321CV00317JRGDCP, 2021 WL 4346232 (E.D. Tenn. Sept. 24, 2021); Disability Rights South Carolina v. McMaster, No 3:21-cv-02728, ECF No. 80 (D.S.C. Sept 28, 2021); and (4) the Court's finding with respect to futility was wrong because the mere timeline alone (approx. 75 days) "makes relief futile," and because remedies are not available for these children. Plaintiff also seeks to inject new issues into this case such as the "stay put" provision under the IDEA. Mot at 9. "Reconsideration is an extraordinary remedy to be employed sparingly." Holland v. Florida, No. 06-20182-CIV-SEITZ, 2007 WL 9705926, at *1 (S.D. Fla. June 26, 2007) (citation and internal quotation marks omitted). "The only grounds for granting a motion for reconsideration 'are newly-discovered evidence or manifest errors of law or fact.'" United States v. Dean, No. 20-11603, 2020 WL 7655426, at *2 (11th Cir. Dec. 23, 2020) (quoting Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007) (per curiam)). A motion for reconsideration should raise new issues, not merely address issues litigated previously. Socialist Workers Party v. Leahy, 957 F. Supp. 1262, 1263 (S.D. Fla. 1997). "A party's disagreement with the court's decision, absent a showing of manifest error, is not sufficient to demonstrate entitlement to relief." Dean, 2020 WL 7655426, at *2 (citing Jacobs v. Tempur-Pedic Int'l, Inc., 626 F.3d 1327, 1344 (11th Cir. 2010)). Here, to begin, Plaintiffs' request for reconsideration is not warranted because it does not address the Court's findings with respect to: (1) irreparable harm, (2) weighing harms, and (3) the public interest. See generally #98 . Thus, Plaintiffs' motion is deficient on its face, particularly with respect to the Court's findings on irreparable harm. See #98 (citing C.B. v. Bd. of Sch. Comm'rs of Mobile Co., AL, 261 F. App'x 192, 194 (11th Cir. 2008)). Moreover, Plaintiffs' arguments with respect to futility do not address any of the Court's findings on that issue and reconsideration is unwarranted for the reasons stated in the Court's Order #98 . Plaintiffs' instant assertion that remedies are not available to their children is conclusory and speculative, for the reasons stated in the Court's Order #98 at 19-24. Plaintiffs' contention that the duration of administrative procedures is grounds for futility strains credulity because if they had exhausted their administrative remedies instead of bringing this case: (1) the administrative process would be far along, if not completed at this point, and (2) Plaintiffs could proceed to federal court, if necessary, after having been given their options. The Court finds Plaintiffs concerns regarding delay to be entirely of their own making and are directly attributable to Plaintiffs' counsel's decisionsnot the Court, which has moved this litigation along with great haste. Similarly, to the extent Plaintiffs seek to characterize their claims as involving a denial of access, and not a denial of free access to public education("FAPE"), the Court cannot change the fact that Plaintiffs' counsel has drafted a Complaint #1 that is replete with references to FAPE. The Court will not ignore the reality of Plaintiffs' claims or the clear requirements of the IDEA.Relatedly, new facts raised in the instant Motion #107 , such as with respect to quarantine procedures in schools or Plaintiff Todd's interaction with her school district, do not change that the Court's finding "a case-by-case review of each Plaintiffs' concerns would likely yield more effective solutions for each individual child than would a blanket injunction of Executive Order 21-175." #98 at 33. Plaintiffs' other arguments that seek to raise new issues in this litigation, such as with respect to the ADEA's "stay put" provision, are not properly before the Court in the instant Motion for Reconsideration. See Dean, No. 20-11603, 2020 WL 7655426, at *2 ("A motion for reconsideration 'cannot be used to relitigate old matters, raise argument or present evidence that could have been raised prior to the entry of judgment.'" (quoting King, 500 F.3d at 1343 (per curiam))). Additionally, the Plaintiffs' supplemental filing of a "Statement of Interest" by the U.S. Department of Justice, from another case, has no bearing on the outcome of this case because: (1) it does not reference the standards under Fry v. Napoleon Cmty. Sch., 137 S. Ct. 743 (2017), (2) does not address the issue of exhaustion of administrative remedies, and (3) does not address the issue of futility. [108-1]. For these reasons, the Court finds Plaintiffs' request for reconsideration to be without merit. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' Motion for Reconsideration #107 is DENIED. Signed by Judge K. Michael Moore on 9/30/2021. (thn)
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| Filing 108 NOTICE of Filing in Support of Plaintiffs' #107 Motion for Reconsideration by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD re #107 MOTION for Reconsideration re #98 Order on Motion for Preliminary Injunction (Attachments: #1 Exhibit A) (Dietz, Matthew) Modified text on 10/1/2021 (kpe). |
| Filing 107 MOTION for Reconsideration re #98 Order on Motion for Preliminary Injunction by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. (Attachments: #1 Exhibit A-Parent Declaration, #2 Exhibit B-Preliminary Injuction entered District of South Carolina, #3 Exhibit C-Dr. Declaration)(Dietz, Matthew) |
| Filing 106 Defendant's REPLY to Response to Motion re #85 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, filed by VOLUSIA COUNTY SCHOOL BOARD. (Yoon, Carol) |
| Filing 105 Defendant's REPLY to Response to Motion re #79 MOTION to Dismiss with Prejudice #1 Complaint,, filed by ALACHUA COUNTY SCHOOL BOARD. (Mickens, Natasha) |
| Filing 104 TRANSCRIPT of Hearing on Motion for Preliminary Injunction held on 09-08-21 before Judge K. Michael Moore, 1-63 pages, Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/13/2021. Redacted Transcript Deadline set for 10/25/2021. Release of Transcript Restriction set for 12/21/2021. (Pastor-Hernandez, Gilda) |
| Filing 103 RESPONSE to Motion re #85 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, filed by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. Replies due by 9/28/2021. (Dietz, Matthew) |
| Filing 102 Defendant's REPLY to Response to Motion re #70 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by MIAMI DADE COUNTY SCHOOL BOARD. (Marken, Sara) |
| Filing 101 REPLY to Response to Motion re #67 MOTION to Dismiss with Prejudice #1 Complaint,, Reply in Support of Motion to Dismiss Complaint for Injunctive Relief filed by HILLSBOROUGH COUNTY SCHOOL BOARD. (Margolin, Jason) |
| Filing 100 RESPONSE to Motion re #79 MOTION to Dismiss with Prejudice #1 Complaint,, filed by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. Replies due by 9/24/2021. (Dietz, Matthew) |
| Filing 99 RESPONSE in Support re #69 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by RICHARD CORCORAN, FLORIDA DEPARTMENT OF EDUCATION. (Kamoutsas, Anastasios) |
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Filing 98
ORDER denying Motion for Preliminary Injunction #17 . Signed by Judge K. Michael Moore on 9/15/2021. See attached document for full details. (thn)
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| Filing 97 Defendant's REPLY to #68 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM (IN SUPPORT OF MOTION TO DISMISS) by BROWARD COUNTY SCHOOL BOARD. (Attachments: #1 Exhibit Ex. A)(Burke, Michael) |
| Filing 96 FIFTH NOTICE Of Filing In Support Of Plaintiffs' #17 Amended Motion For Preliminary Injunction by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD re #17 Amended MOTION for Preliminary Injunction FIFTH NOTICE OF FILING IN SUPPORT (Attachments: #1 Exhibit A-Order Granting Plaintiffs Motion for Temporary Restraining Order and Preliminary Injunction [DE-32]) (Dietz, Matthew) Modified text on 9/14/2021 (kpe). |
| Filing 95 Defendant's REPLY to Response to Motion re #48 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, filed by PALM BEACH SCHOOL BOARD. (Pincus, Laura) |
| Filing 94 RESPONSE to Motion re #67 MOTION to Dismiss with Prejudice #1 Complaint,, filed by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. Replies due by 9/20/2021. (Dietz, Matthew) |
| Filing 93 RESPONSE to Motion re #68 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. Replies due by 9/20/2021. (Dietz, Matthew) |
| Filing 92 RESPONSE to Motion re #70 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. Replies due by 9/20/2021. (Dietz, Matthew) |
| Filing 91 RESPONSE to Motion re #65 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, , #71 MOTION to Dismiss #1 Complaint,, MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, filed by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. Replies due by 9/20/2021. (Dietz, Matthew) |
| Filing 90 PAPERLESS Minute Entry for proceedings held before Judge K. Michael Moore: Motion Hearing held on 9/8/2021 re #17 Amended MOTION for Preliminary Injunction filed by AMANDA BANEK, ROBYN MCCARTHY, JAMIE KINDER, TOM COLLINS, ALISHA TODD, JOHN MCCARTHY, JUDITH ANNE HAYES, JACK KOCH, CHRIS RODRIGUEZ, KRISTEN THOMPSON, EREN DOOLEY, KAS ARONE- MILLER. Total time in court: 1 hour(s) : 30 minutes. Attorney Appearance(s): Matthew Wilson Dietz, Stephanie Langer, Rocco E. Testani, Stacey M. Mohr, Court Reporter: Gilda Pastor-Hernandez, 305-523-5118 / Gilda_Pastor-Hernandez@flsd.uscourts.gov. (thn) Modified text on 9/13/2021 (jcy). |
| Filing 89 NOTICE Of Filing In Support Of Plaintiffs' Amended Motion For Preliminary Injunction by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD re #17 Amended MOTION for Preliminary Injunction Fourth Notice of Filing (Attachments: #1 Exhibit Scott v. DeSantis - Order quashing the trial court's vacatur) (Dietz, Matthew) Modified text on 9/10/2021 (kpe). |
| Filing 88 RESPONSE in Opposition re #69 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. Replies due by 9/16/2021. (Dietz, Matthew) |
| Filing 87 NOTICE of Attorney Appearance by Hudson Carter Gill on behalf of BROWARD COUNTY SCHOOL BOARD. Attorney Hudson Carter Gill added to party BROWARD COUNTY SCHOOL BOARD(pty:dft). (Gill, Hudson) |
| Filing 86 NOTICE of Filing Supplemental Declaration re 75 Order by RICHARD CORCORAN, FLORIDA DEPARTMENT OF EDUCATION State Defendant's Notice of Filing (Attachments: #1 Affidavit) (Kamoutsas, Anastasios) Modified text on 9/7/2021 (kpe). |
| Filing 85 MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, ( Responses due by 9/21/2021) by VOLUSIA COUNTY SCHOOL BOARD. (Yoon, Carol) |
| Filing 84 PAPERLESS NOTICE RE: HEARING. The hearing scheduled in the above-captioned case for 1:00 PM on September 8, 2021 may be accessed by telephone at:Telephone Number: 888-684-8852Access Code: 8834727All call participants must dial-in by at least 12:45 PM on September 8, 2021. (thn) |
| Filing 83 Clerks Notice to Filer re #77 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (kpe) |
| Attorney Melissa Torres representing HILLSBOROUGH COUNTY SCHOOL BOARD (Defendant) terminated per DE #77 Notice. (kpe) |
| Filing 82 RESPONSE in Opposition re #48 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, filed by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. Replies due by 9/13/2021. (Dietz, Matthew) |
| Filing 81 NOTICE by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD re #17 Amended MOTION for Preliminary Injunction of Filing in Support (Third) (Attachments: #1 Exhibit Petition for Administrative Determination of Invalidity of Rule 64DER21-12, #2 Exhibit Order on TRO in G.S. v. Gov. Bill Lee, #3 Text of Proposed Order) (Dietz, Matthew) |
| Filing 80 NOTICE Of Filing In Support by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD re #17 Amended MOTION for Preliminary Injunction (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 22) (Dietz, Matthew) |
| Filing 79 MOTION to Dismiss with Prejudice #1 Complaint,, by ALACHUA COUNTY SCHOOL BOARD. Responses due by 9/17/2021 (Mickens, Natasha) |
| Filing 78 NOTICE of Attorney Appearance by Christine Burgess Gardner on behalf of HILLSBOROUGH COUNTY SCHOOL BOARD. Attorney Christine Burgess Gardner added to party HILLSBOROUGH COUNTY SCHOOL BOARD(pty:dft). (Gardner, Christine) |
| Filing 77 NOTICE Of Substitution Of Counsel Within Firm by HILLSBOROUGH COUNTY SCHOOL BOARD OF SUBSTITUTION OF COUNSEL WITHIN FIRM (Torres, Melissa) |
| Filing 76 NOTICE of Attorney Appearance by Theodore Robert Doran on behalf of VOLUSIA COUNTY SCHOOL BOARD. Attorney Theodore Robert Doran added to party VOLUSIA COUNTY SCHOOL BOARD(pty:dft). (Doran, Theodore) |
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Filing 75
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Clarification on Order Setting Hearing on Motion. #29 . Therein, Plaintiffs seek clarification on the following points: (1) whether evidence will be permitted at the hearing, (2) whether, due to COVID-19 restrictions, there will be a limit on the number of persons who may attend the proceedings, (3) whether the court plans on providing remote access, (4) whether the Court has any specific health-related procedures beyond what is available at https://www.flsd.uscourts.gov/sites/flsd/files/NoticeRegardingPublicAccess.pdf, and (5) whether defense counsel may appear remotely. Id. at 1-2. The Court offers the following points of clarification. First, for the purposes of this Order, the Court will refer to Defendant Governor Ronald Dion DeSantis, Defendant Florida Department of Education, and Defendant Richard Corcoran as "the State Defendants." All other defendants will be referred to herein as the "School District Defendants." Second, evidence will not be permitted at the hearing. However, Parties may file affidavits on the docket and an additional evidentiary hearing may be held, if necessary. Third, the Court will allow oral argument as to the issues raised in Plaintiffs' Motion for Preliminary Injunction #17 , the State Defendants' Response #51 , and Plaintiffs' Omnibus Reply #63 . Plaintiffs and the State Defendants must appear in person. The Court finds that the School District Defendants' arguments raised in their briefs speak for themselves and will not require any elaboration at the hearing. The School District Defendants may attend the hearing or listen over the phone, however, any argument by any of the School District Defendants will only be allowed upon prior request to the Court. Fourth, closer to the date of the hearing, the Court will provide a phone number for defense counsel for the School District Defendants to dial in. To be clear, the dial-in will be for listening only and the Parties may not offer argument telephonically at the hearing. Fifth, for the purposes of this hearing, the Court encourages the Parties to confer and inform the Court if it is expected that more than ten (10) people will be in attendance of the hearing. If the number will be less, then there will be no need to inform the Court as to the number of attendees. And lastly, sixth, Plaintiffs are encouraged to inform the Court by way of filing an affidavit on the docket as to whether their children are currently attending school in-person. The contents of any affidavits filed on this point may be discussed at the hearing. Signed by Judge K. Michael Moore on 9/1/2021. (thn)
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| Filing 74 NOTICE of Attorney Appearance by Aaron Russell Wolfe on behalf of VOLUSIA COUNTY SCHOOL BOARD. Attorney Aaron Russell Wolfe added to party VOLUSIA COUNTY SCHOOL BOARD(pty:dft). (Wolfe, Aaron) |
| Filing 73 Plaintiff's MOTION for clarification 72 Order Setting Hearing on Motion, by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. Responses due by 9/14/2021 (Dietz, Matthew) |
| Set Hearings per DE 72 Order as to #17 Motion for Preliminary Injunction. Motion Hearing set for 9/8/2021 01:00 PM in Miami Division before Judge K. Michael Moore. (kpe) |
| Filing 72 NOTICE of Hearing on Plaintiffs' Motion for Preliminary Injunction #17 . Motion Hearing set for Wednesday September 8, 2021 at 1:00 PM in Miami Division before Judge K. Michael Moore, United States Courthouse, Courtroom 13-1, 400 North Miami Avenue, Miami, Florida. Signed by Judge K. Michael Moore (thn) |
| Filing 71 MOTION to Dismiss #1 Complaint,, , MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, ( Responses due by 9/13/2021) by PASCO COUNTY SCHOOL BOARD. (Alfonso, Dennis) |
| Filing 70 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM by MIAMI DADE COUNTY SCHOOL BOARD. Responses due by 9/13/2021 (Attachments: #1 Exhibit A)(Marken, Sara) |
| Filing 69 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, , MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM ( Responses due by 9/13/2021) by RICHARD CORCORAN, FLORIDA DEPARTMENT OF EDUCATION, GOVERNOR RONALD DION DESANTIS. (Treadwell, Raymond) |
| Filing 68 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, , Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM ( Responses due by 9/13/2021) by BROWARD COUNTY SCHOOL BOARD. (Burke, Michael) |
| Filing 67 MOTION to Dismiss with Prejudice #1 Complaint,, by HILLSBOROUGH COUNTY SCHOOL BOARD. Responses due by 9/13/2021 (Attachments: #1 Exhibit 1)(Margolin, Jason) |
| Filing 66 NOTICE by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD re #17 Amended MOTION for Preliminary Injunction OF NEW AUTHORITY IN SUPPORT OF Motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (Dietz, Matthew) |
| Filing 65 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, by ORANGE COUNTY SCHOOL BOARD. Responses due by 9/13/2021 (Pitsch, Amy) |
| Filing 64 NOTICE of Change of Email Address by Amy J. Pitsch (Pitsch, Amy) |
| Filing 63 Plaintiff's REPLY to Response to Motion re #17 Amended MOTION for Preliminary Injunction filed by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. (Attachments: #1 Exhibit A-Declaration -Dr. Goldhagen)(Dietz, Matthew) |
| Filing 62 NOTICE of Attorney Appearance by Natasha Gabriella Samri Mickens on behalf of ALACHUA COUNTY SCHOOL BOARD. Attorney Natasha Gabriella Samri Mickens added to party ALACHUA COUNTY SCHOOL BOARD (pty:dft). (Mickens, Natasha) |
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Filing 61
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Plaintiffs' Motion to File a Combined Reply to Defendants' Responses to Motion for Preliminary Injunction and Motion for Leave to Exceed the Page Limits. #60 . Therein, Plaintiffs request leave to file a 20-page omnibus reply to Defendants' responses, in excess of the ten (10) page limit imposed by Local Rule 7.01(c)(2). Id. at 1. Plaintiffs explain that "due to the number of Plaintiffs and Defendants in this matter, as well as the number of issues that need to be addressed when replying, Plaintiffs would like to consolidate the reply for one omnibus reply to all Defendants' responses to the Plaintiffs' Motion for Preliminary Injunction." #60 at 2. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #60 is GRANTED. Plaintiff may file an omnibus reply of up to twenty (20) pages. Signed by Judge K. Michael Moore on 8/26/2021. (thn)
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| Filing 60 Plaintiff's MOTION FOR LEAVE TO FILE A COMBINED REPLY and MOTION FOR LEAVE TO EXCEED THE PAGE LIMITS by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. (Dietz, Matthew) |
| Filing 59 NOTICE of Attorney Appearance by Susana Cristina Garcia on behalf of ORANGE COUNTY SCHOOL BOARD. Attorney Susana Cristina Garcia added to party ORANGE COUNTY SCHOOL BOARD(pty:dft). (Garcia, Susana) |
| Filing 58 NOTICE OF CONVENTIONAL FILING of #57 Response in Opposition to Motion by VOLUSIA COUNTY SCHOOL BOARD (ls) |
| Filing 57 RESPONSE in Opposition re #17 Amended MOTION for Preliminary Injunction filed by VOLUSIA COUNTY SCHOOL BOARD. Attorney Carol Ann Yoon added to party VOLUSIA COUNTY SCHOOL BOARD(pty:dft). Replies due by 9/1/2021. (ls) |
| Filing 56 NOTICE of Attorney Appearance by David McKinnon Delaney on behalf of ALACHUA COUNTY SCHOOL BOARD (ls) |
| Filing 55 RESPONSE to Motion re #17 Amended MOTION for Preliminary Injunction filed by ALACHUA COUNTY SCHOOL BOARD. Attorney David McKinnon Delaney added to party ALACHUA COUNTY SCHOOL BOARD (pty:dft). Replies due by 8/31/2021. (ls) (Additional attachment(s) added on 8/25/2021: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B) (ls). |
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Filing 54
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Governor Ron DeSantis, Defendant Florida Department of Education, and Defendant Commissioner Richard Corcoran's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #38 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #38 is GRANTED. Lee A. Peifer may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to leepeifer@eversheds-sutherland.com. Signed by Judge K. Michael Moore on 8/24/2021. (thn)
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Filing 53
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Governor Ron DeSantis, Defendant Florida Department of Education, and Defendant Commissioner Richard Corcoran's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #37 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #37 is GRANTED. Stacey M. Mohr may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to staceymohr@eversheds-sutherland.com. Signed by Judge K. Michael Moore on 8/24/2021. (thn)
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Filing 52
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Governor Ron DeSantis, Defendant Florida Department of Education, and Defendant Commissioner Richard Corcoran's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notice of Electronic Filing. #36 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #36 is GRANTED. Rocco E. Testani may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to roccotestani@eversheds-sutherland.com. Signed by Judge K. Michael Moore on 8/24/2021. (thn)
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| Filing 51 RESPONSE in Opposition re #17 Amended MOTION for Preliminary Injunction filed by RICHARD CORCORAN, FLORIDA DEPARTMENT OF EDUCATION, GOVERNOR RONALD DION DESANTIS. Replies due by 8/31/2021. (Attachments: #1 Ramsey Declaration)(Treadwell, Raymond) |
| Filing 50 RESPONSE to Motion re #17 Amended MOTION for Preliminary Injunction filed by MIAMI DADE COUNTY SCHOOL BOARD. Replies due by 8/31/2021. (Attachments: #1 Exhibit)(Marken, Sara) |
| Filing 49 RESPONSE to Motion re #17 Amended MOTION for Preliminary Injunction filed by PALM BEACH SCHOOL BOARD. Replies due by 8/31/2021. (Pincus, Laura) |
| Filing 48 Defendant's MOTION TO DISMISS #1 Complaint,, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Complaint,, ( Responses due by 9/7/2021) by PALM BEACH SCHOOL BOARD. (Pincus, Laura) |
| Filing 47 NOTICE of Attorney Appearance by Luis Michael Garcia on behalf of MIAMI DADE COUNTY SCHOOL BOARD. Attorney Luis Michael Garcia added to party MIAMI DADE COUNTY SCHOOL BOARD(pty:dft). (Garcia, Luis) |
| Filing 46 NOTICE of Attorney Appearance by Sara M Marken on behalf of MIAMI DADE COUNTY SCHOOL BOARD. Attorney Sara M Marken added to party MIAMI DADE COUNTY SCHOOL BOARD(pty:dft). (Marken, Sara) |
| Filing 45 NOTICE of Attorney Appearance by Jordan Alexander Madrigal on behalf of MIAMI DADE COUNTY SCHOOL BOARD. Attorney Jordan Alexander Madrigal added to party MIAMI DADE COUNTY SCHOOL BOARD(pty:dft). (Madrigal, Jordan) |
| Filing 44 RESPONSE to Motion re #17 Amended MOTION for Preliminary Injunction filed by BROWARD COUNTY SCHOOL BOARD. Replies due by 8/31/2021. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Burke, Michael) |
| Filing 43 RESPONSE in Opposition re #17 Amended MOTION for Preliminary Injunction filed by ORANGE COUNTY SCHOOL BOARD. Replies due by 8/31/2021. (Pitsch, Amy) |
| Filing 42 NOTICE of Attorney Appearance by Amy J. Pitsch on behalf of ORANGE COUNTY SCHOOL BOARD. Attorney Amy J. Pitsch added to party ORANGE COUNTY SCHOOL BOARD(pty:dft). (Pitsch, Amy) |
| Filing 41 RESPONSE in Opposition re #17 Amended MOTION for Preliminary Injunction filed by HILLSBOROUGH COUNTY SCHOOL BOARD. Replies due by 8/31/2021. (Attachments: #1 Exhibit 1)(Margolin, Jason) |
| Filing 40 RESPONSE in Opposition re #17 Amended MOTION for Preliminary Injunction filed by PASCO COUNTY SCHOOL BOARD. Replies due by 8/31/2021. (Alfonso, Dennis) |
| Filing 39 NOTICE of Attorney Appearance by Dennis John Alfonso on behalf of PASCO COUNTY SCHOOL BOARD. Attorney Dennis John Alfonso added to party PASCO COUNTY SCHOOL BOARD(pty:dft). (Alfonso, Dennis) |
| Filing 38 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lee A. Peifer. Filing Fee $ 200.00 Receipt # AFLSDC-14950768 by RICHARD CORCORAN, FLORIDA DEPARTMENT OF EDUCATION, GOVERNOR RONALD DION DESANTIS. Responses due by 9/7/2021 (Treadwell, Raymond) |
| Filing 37 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Stacey M. Mohr. Filing Fee $ 200.00 Receipt # AFLSDC-14950731 by RICHARD CORCORAN, FLORIDA DEPARTMENT OF EDUCATION, GOVERNOR RONALD DION DESANTIS. Responses due by 9/7/2021 (Treadwell, Raymond) |
| Filing 36 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rocco E. Testani. Filing Fee $ 200.00 Receipt # AFLSDC-14950465 by RICHARD CORCORAN, FLORIDA DEPARTMENT OF EDUCATION, GOVERNOR RONALD DION DESANTIS. Responses due by 9/7/2021 (Treadwell, Raymond) |
| Filing 35 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. ALACHUA COUNTY SCHOOL BOARD served on 8/13/2021, answer due 9/3/2021. (Dietz, Matthew) |
| Filing 34 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. VOLUSIA COUNTY SCHOOL BOARD served on 8/16/2021, answer due 9/7/2021. (Dietz, Matthew) |
| Filing 33 NOTICE of Attorney Appearance by Anastasios Ioannis Kamoutsas on behalf of RICHARD CORCORAN, FLORIDA DEPARTMENT OF EDUCATION. Attorney Anastasios Ioannis Kamoutsas added to party RICHARD CORCORAN(pty:dft), Attorney Anastasios Ioannis Kamoutsas added to party FLORIDA DEPARTMENT OF EDUCATION(pty:dft). (Kamoutsas, Anastasios) |
| Filing 32 NOTICE of Attorney Appearance by Raymond Frederick Treadwell on behalf of GOVERNOR RONALD DION DESANTIS. Attorney Raymond Frederick Treadwell added to party GOVERNOR RONALD DION DESANTIS(pty:dft). (Treadwell, Raymond) |
| Filing 31 NOTICE by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD re #17 Amended MOTION for Preliminary Injunction OF FILING DECLARATIONS IN SUPPORT (Attachments: #1 Exhibit A-Parents Declarations) (Dietz, Matthew) |
| Filing 30 NOTICE of Attorney Appearance by Melissa Torres on behalf of HILLSBOROUGH COUNTY SCHOOL BOARD. Attorney Melissa Torres added to party HILLSBOROUGH COUNTY SCHOOL BOARD(pty:dft). (Torres, Melissa) |
| Filing 29 NOTICE of Attorney Appearance by Zarra Ramirez Elias on behalf of HILLSBOROUGH COUNTY SCHOOL BOARD. Attorney Zarra Ramirez Elias added to party HILLSBOROUGH COUNTY SCHOOL BOARD(pty:dft). (Elias, Zarra) |
| Filing 28 NOTICE of Attorney Appearance by Jason L Margolin on behalf of HILLSBOROUGH COUNTY SCHOOL BOARD. Attorney Jason L Margolin added to party HILLSBOROUGH COUNTY SCHOOL BOARD(pty:dft). (Margolin, Jason) |
| Filing 27 NOTICE of Attorney Appearance by Lisa A. Carmona on behalf of PALM BEACH SCHOOL BOARD. Attorney Lisa A. Carmona added to party PALM BEACH SCHOOL BOARD(pty:dft). (Carmona, Lisa) |
| Filing 26 NOTICE of Attorney Appearance by Laura Esterman Pincus on behalf of PALM BEACH SCHOOL BOARD. Attorney Laura Esterman Pincus added to party PALM BEACH SCHOOL BOARD(pty:dft). (Pincus, Laura) |
| Filing 25 NOTICE of Attorney Appearance by Patricia Morales Christiansen on behalf of PALM BEACH SCHOOL BOARD. Attorney Patricia Morales Christiansen added to party PALM BEACH SCHOOL BOARD(pty:dft). (Christiansen, Patricia) |
| Filing 24 NOTICE of Attorney Appearance by Sean Christian Fahey on behalf of PALM BEACH SCHOOL BOARD. Attorney Sean Christian Fahey added to party PALM BEACH SCHOOL BOARD(pty:dft). (Fahey, Sean) |
| Filing 23 NOTICE of Attorney Appearance by Jon Erik Bell on behalf of PALM BEACH SCHOOL BOARD. Attorney Jon Erik Bell added to party PALM BEACH SCHOOL BOARD(pty:dft). (Bell, Jon) |
| Filing 22 NOTICE of Attorney Appearance by Michael Thomas Burke on behalf of BROWARD COUNTY SCHOOL BOARD. Attorney Michael Thomas Burke added to party BROWARD COUNTY SCHOOL BOARD(pty:dft). (Burke, Michael) |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. ORANGE COUNTY SCHOOL BOARD served on 8/9/2021, answer due 8/30/2021. (Dietz, Matthew) |
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Filing 20
PAPERLESS ORDER SETTING BREIFING SCHEDULE ON MOTION FOR PRELIMINARY INJUNCTION #17 . THIS CAUSE came before the Court upon Plaintiffs' Motion for Preliminary Injunction. #17 . Under the Federal Rules of Civil Procedure, a "court may issue a preliminary injunction only on notice to the adverse party." Fed. R. Civ. P. 65(a)(1). Plaintiffs have filed several affidavits showing that several of Defendants have been served. #9 - #16 . Plaintiffs also inform the Court that each of Defendants have been provided a copy of the Motion for Preliminary Injunction. #8 at 1-2. Thus, the Court finds that Defendants are on notice as to Plaintiff's Motion for Preliminary Injunction. Fed. R. Civ. P. 65(a)(1). Plaintiffs have marked their Motion #17 as an "expedited motion" pursuant to Local Rule 7.1(d)(2). #17 at 1. Under the Local Rules, an expedited motion "must set forth in detail the date by which an expedited ruling is needed and the reason the ruling is needed by the stated date." S.D. Fla. L.R. 7.1(d)(2). In Plaintiff's Motion, they inform the Court that some schools are starting as soon as August 10, 2021which is the date on which Plaintiffs' Motion #17 was filed. However, a preliminary injunction is a "extraordinary and drastic remedy" and the Court cannot rule on Plaintiff's Motion on an expedited basis, by August 10,, 2021, because that would foreclose Defendants the opportunity to respond, thereby undermining the purposes of affording a Defendant notice pursuant to Rule 65(a)(1). Autonation, Inc. v. Wilson, No. 16-62048-CIV, 2016 WL 8677193, at *2 (S.D. Fla. Dec. 30, 2016) (quoting Granny Goose Foods, Inc. v. Teamsters, 415 U.S. 423, 434 n.7 (1974) ("The notice required by Rule 65(a) before a preliminary injunction can issue implies a hearing in which the defendant is given a fair opportunity to oppose the application and to prepare for such opposition.")). Therefore, the Court will consider Plaintiffs' Motion in accordance with the briefing schedule set forth below. Defendants are hereby ORDERED to respond to Plaintiffs' Motion for Preliminary Injunction #17 on or before August 24, 2021. Plaintiffs shall have up to seven (7) days to file a reply. If Plaintiffs opt not to file a reply, they shall inform the Court at their earliest convenience. A hearing in this matter will be set by separate order. Signed by Judge K. Michael Moore on 8/10/2021. (thn)
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| Filing 19 Clerks Notice to Filer re #8 Notice (Other), 18 MOTION for Hearing. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (mc) |
| Filing 17 Amended MOTION for Preliminary Injunction by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. (Attachments: #1 Exhibit A-Parents Declarations)(Dietz, Matthew) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. RICHARD CORCORAN served on 8/9/2021, answer due 8/30/2021. (Dietz, Matthew) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. HILLSBOROUGH COUNTY SCHOOL BOARD served on 8/9/2021, answer due 8/30/2021. (Dietz, Matthew) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. GOVERNOR RONALD DION DESANTIS served on 8/9/2021, answer due 8/30/2021. (Dietz, Matthew) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. PASCO COUNTY SCHOOL BOARD served on 8/9/2021, answer due 8/30/2021. (Dietz, Matthew) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. PALM BEACH SCHOOL BOARD served on 8/9/2021, answer due 8/30/2021. (Dietz, Matthew) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. MIAMI DADE COUNTY SCHOOL BOARD served on 8/9/2021, answer due 8/30/2021. (Dietz, Matthew) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. FLORIDA DEPARTMENT OF EDUCATION served on 8/9/2021, answer due 8/30/2021. (Dietz, Matthew) |
| Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. BROWARD COUNTY SCHOOL BOARD served on 8/9/2021, answer due 8/30/2021. (Dietz, Matthew) |
| Filing 18 MOTION for Hearing on Plaintiffs' Motion for a Preliminary Injunction by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. (See DE #8 for image) (mc) |
| Filing 8 NOTICE by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD of Service and Request for Hearing (Dietz, Matthew) |
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Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Preliminary Injunction. #3 . Under the Federal Rules of Civil Procedure, a "court may issue a preliminary injunction only on notice to the adverse party." Fed. R. Civ. P. 65(a)(1). Here, although Plaintiffs have filed a Summons as to Defendants #4 , there is no evidence before the Court that any of Defendants have actually been served and none have appeared. Therefore, there is no basis upon which the Court can find that Defendants are on notice of Plaintiffs' Motion #3 . Accordingly, UPON CONSIDERATION of the Motion #3 , pertinent portions of the record, and otherwise being fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #3 is DENIED WITHOUT PREJUDICE. Plaintiffs may refile their Motion for Preliminary Injunction once at least one defendant has appeared in this action. Signed by Judge K. Michael Moore on 8/9/2021. (thn) Modified on 8/10/2021 (ch1).
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 8/6/2021. (thn)
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Filing 5
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 8/6/2021. (thn)
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| Filing 4 Summons Issued as to ALACHUA COUNTY SCHOOL BOARD, BROWARD COUNTY SCHOOL BOARD, RICHARD CORCORAN, FLORIDA DEPARTMENT OF EDUCATION, GOVERNOR RONALD DION DESANTIS, HILLSBOROUGH COUNTY SCHOOL BOARD, MIAMI DADE COUNTY SCHOOL BOARD, ORANGE COUNTY SCHOOL BOARD, PALM BEACH SCHOOL BOARD, PASCO COUNTY SCHOOL BOARD, VOLUSIA COUNTY SCHOOL BOARD. (ail) |
| Filing 3 Plaintiff's MOTION for Preliminary Injunction by AMANDA BANEK, KAS ARONE- MILLER, TOM COLLINS, EREN DOOLEY, JUDITH ANNE HAYES, JAMIE KINDER, JACK KOCH, JOHN MCCARTHY, ROBYN MCCARTHY, CHRIS RODRIGUEZ, KRISTEN THOMPSON, ALISHA TODD. (Attachments: #1 Exhibit A-Parents Declarations)(Dietz, Matthew) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ail) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14906078, filed by EREN DOOLEY, JAMIE KINDER, ROBYN MCCARTHY, JUDITH ANNE HAYES, ALISHA TODD, JOHN MCCARTHY, JACK KOCH, TOM COLLINS, CHRIS RODRIGUEZ, AMANDA BANEK, KRISTEN THOMPSON, KAS ARONE- MILLER. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Desantis, #3 Summon(s) FL Department of Education, #4 Summon(s) Corcoran, #5 Summon(s) Alachua, #6 Summon(s) Broward, #7 Summon(s) Hillsborough, #8 Summon(s) Miami-Dade, #9 Summon(s) Orange County, #10 Summon(s) Palm Beach, #11 Summon(s) Pasco, #12 Summon(s) Volusia)(Dietz, Matthew) |
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