R.W. T.W. v. Charter Schools USA, Inc. et al
| R.W. T.W. |
| Florida State Board of Education, Jana Raskin, Govenor Rick Scott, State of Florida Division of Administrative Hearings, Monica Verra-Tirado, Labelth Howard, The School Board of St. Lucie County, Charter Schools USA, Inc., Billy Ray Tomlinson, The Florida Department of Education Office of Student Financial Assistance, Renaissance Charter School, Inc., Stacy Schmit and Pam Steward |
| 2:2018cv14405 |
| October 1, 2018 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Kenneth A Marra |
| Shaniek M Maynard |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 29, 2018. A more recent docket listing may be available from PACER.
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Filing 56
PAPERLESS ORDER granting #54 Motion for Extension of Time to File Response/Reply to #33 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of Billy Ray Tomlinson, in his Official Capacity and Labelth Howard, in her Official Capacity filed by Labelth Howard, Billy Ray Tomlinson, #32 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of School Board of St. Lucie County, Florida filed by The School Board of St. Lucie County. Replies due by 12/10/2018. Signed by Judge Kenneth A. Marra on 11/29/2018. (ir)
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Filing 55
PAPERLESS ORDER granting #53 Motion for Extension of Time to File Response/Reply to #30 Defendant's MOTION to Dismiss #1 Complaint,, filed by Stacy Schmit, Renaissance Charter School, Inc., Charter Schools USA, Inc., Jana Raskin. Replies due by 12/10/2018. Signed by Judge Kenneth A. Marra on 11/29/2018. (ir)
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| Filing 54 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #50 Response in Opposition to Motion,, #49 Response in Opposition to Motion,, by Labelth Howard, The School Board of St. Lucie County, Billy Ray Tomlinson. (Harmon, Terry) |
| Filing 53 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #30 Defendant's MOTION to Dismiss #1 Complaint,, , #46 Response in Opposition to Motion,, by Charter Schools USA, Inc., Jana Raskin, Renaissance Charter School, Inc., Stacy Schmit. (Attachments: #1 Text of Proposed Order Proposed Order)(Gonzalez, Daniel) |
| Filing 52 MOTION to Dismiss #1 Complaint,, by Pam Steward. Responses due by 12/12/2018 (Newhall, Timothy) |
| Filing 51 NOTICE of Attorney Appearance by Timothy Leeds Newhall on behalf of Pam Steward. Attorney Timothy Leeds Newhall added to party Pam Steward(pty:dft). (Newhall, Timothy) |
| Filing 50 RESPONSE in Opposition re #32 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of School Board of St. Lucie County, Florida, #33 MOTION to Dismiss with Prejudice #1 Complaint, #34 NOTICE by The School Board of St. Lucie County Request for Judicial Notice or, in the Alternative Motion for Judgment on the Pleadings of Billy Ray Tomlinson, in his Official Capacity and Labelth Howard, in her Official Capacity filed by R.W. T.W. Replies due by 11/28/2018. (pes) |
| Filing 49 RESPONSE in Opposition re #32 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of School Board of St. Lucie County, Florida, #33 MOTION to Dismiss with Prejudice #1 Complaint, #34 NOTICE by The School Board of St. Lucie County Request for Judicial Notice or, in the Alternative Motion for Judgment on the Pleadings of Billy Ray Tomlinson, in his Official Capacity and Labelth Howard, in her Official Capacity filed by R.W. T.W. Replies due by 11/28/2018. (pes) |
| Filing 48 RESPONSE to #32 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of School Board of St. Lucie County, Florida, #33 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of Billy Ray Tomlinson, in his Official Capacity and Labelth Howard, in her Official Capacity, #34 Notice by R.W. T.W. (pes) |
| Filing 47 MOTION to Amend/Correct #1 Complaint,, ( Responses due by 12/5/2018), MOTION to Remand State claims and actions to the St. Lucie Judicial Circuit County District Court by R.W. T.W. See DE #46 , #48 , #49 and #50 for image. (pes) Modified event/text on 11/27/2018 (pes). |
| Filing 46 RESPONSE in Opposition re #32 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of School Board of St. Lucie County, Florida, #33 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of Billy Ray Tomlinson, in his Official Capacity and Labelth Howard, in her Official Capacity, #30 Defendant's MOTION to Dismiss #1 Complaint,, filed by R.W. T.W.. Replies due by 11/28/2018. (pes) |
| Filing 45 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline by R.W. T.W.. Rick Scott served on 10/30/2018, answer due 11/20/2018. (pes) |
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Filing 44
PAPERLESS ORDER granting #43 Motion for Extension of Time to File Response/Reply to #30 Defendant's MOTION to Dismiss #1 Complaint,, filed by Stacy Schmit, Renaissance Charter School, Inc., Charter Schools USA, Inc., Jana Raskin, #33 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of Billy Ray Tomlinson, in his Official Capacity and Labelth Howard, in her Official Capacity filed by Labelth Howard, Billy Ray Tomlinson, #32 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of School Board of St. Lucie County, Florida filed by The School Board of St. Lucie County, #34 Notice (Other) filed by The School Board of St. Lucie County. Plaintiffs' Motion for an extension of time to respond to the pending motions, DE 30, DE 32, DE 33 and DE 34 is granted retroactive to November 16, 2018. Plaintiffs responses to the motions shall be due on or before November 21, 2018. The Court notes, however, that Plaintiffs have indicated that in their responses they intend to refer to meeting notes and other matters which are outside of the pleadings. The motions under consideration to dismiss or for judgment on the pleadings are limited to a review of the complaint and any documents attached thereto or incorporated therein. The responses to the motion should not refer to or include any new facts or information not already contained in the pleadings. Responses due by 11/21/2018. Signed by Judge Kenneth A. Marra on 11/19/2018. (ir)
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| Filing 43 PLAINTIFF'S TIME SENSITIVE MOTION for Extension of Deadline and Motion to Deem Motion Filed Timely as to Respond to Defendant's Motions to Dismiss re #32 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of School Board of St. Lucie County, Florida, #33 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of Billy Ray Tomlinson, in his Official Capacity and Labelth Howard, in her Official Capacity, #30 Defendant's MOTION to Dismiss #1 Complaint,, , #34 Notice (Other) by R.W. T.W.. (drz) |
| Filing 42 MOTION to Dismiss #1 Complaint,, by Florida State Board of Education, Rick Scott, State of Florida Division of Administrative Hearings, The Florida Department of Education Office of Student Financial Assistance, Monica Verra-Tirado. Responses due by 11/30/2018 (Newhall, Timothy) |
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Filing 41
PAPERLESS ORDER granting #40 Motion for Extension of Time to File Response/Reply to Motion ; granting #40 Motion for Leave to File Excess Pages. Re: #30 Defendant's MOTION to Dismiss #1 Complaint,, filed by Stacy Schmit, Renaissance Charter School, Inc., Charter Schools USA, Inc., Jana Raskin, #33 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of Billy Ray Tomlinson, in his Official Capacity and Labelth Howard, in her Official Capacity filed by Labelth Howard, Billy Ray Tomlinson, #32 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of School Board of St. Lucie County, Florida filed by The School Board of St. Lucie County. Given the small amount of time and additional pagination requested and Plaintiff's pro se status, and because the Court has granted similar requests made by certain Defendants, the Court will allow the requests over any objection. Responses due 11/16/2018. The page limitation for Plaintiff's response(s) increased by 6 pages. Signed by Judge Kenneth A. Marra on 11/8/2018. (ir)
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| Filing 40 MOTION for Extension of Deadline and Motion for Leave to File Excess Pages to Respond to Defendant's Motions to Dismiss DE #30 , DE #32 ,DE #33 , and DE #34 by R.W. T.W.. (drz) |
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Filing 39
PAPERLESS ORDER granting #38 Motion for Extension of Time to File Response/Answer to a Complaint. Florida State Board of Education Answer due 11/20/2018; State of Florida Division of Administrative Hearings Answer due 11/20/2018; The Florida Department of Education Office of Student Financial Assistance Answer due 11/20/2018. Re: #1 Complaint, filed by R.W. T.W. Signed by Judge Kenneth A. Marra on 11/5/2018. (ir)
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| Filing 38 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,, by Florida State Board of Education, Rick Scott, State of Florida Division of Administrative Hearings, The Florida Department of Education Office of Student Financial Assistance, Monica Verra-Tirado. (Attachments: #1 Text of Proposed Order)(Newhall, Timothy) |
| Filing 37 NOTICE of Attorney Appearance by Timothy Leeds Newhall on behalf of Florida State Board of Education, Rick Scott, State of Florida Division of Administrative Hearings, The Florida Department of Education Office of Student Financial Assistance, Monica Verra-Tirado. Attorney Timothy Leeds Newhall added to party Florida State Board of Education(pty:dft), Attorney Timothy Leeds Newhall added to party Rick Scott(pty:dft), Attorney Timothy Leeds Newhall added to party The Florida Department of Education Office of Student Financial Assistance (pty:dft), Attorney Timothy Leeds Newhall added to party Monica Verra-Tirado(pty:dft). (Newhall, Timothy) |
| Filing 36 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline Monica Verra-Tirado served on 10/22/2018, answer due 11/13/2018. (drz) |
| Filing 35 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline Florida State Board of Education served on 10/22/2018, answer due 11/13/2018. (drz) |
| Filing 34 NOTICE by The School Board of St. Lucie County Request for Judicial Notice (Harmon, Terry) |
| Filing 33 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of Billy Ray Tomlinson, in his Official Capacity and Labelth Howard, in her Official Capacity by Labelth Howard, Billy Ray Tomlinson. Responses due by 11/13/2018 (Harmon, Terry) |
| Filing 32 MOTION to Dismiss with Prejudice #1 Complaint,, or, in the Alternative Motion for Judgment on the Pleadings of School Board of St. Lucie County, Florida by The School Board of St. Lucie County. Responses due by 11/13/2018 (Harmon, Terry) |
| Filing 31 NOTICE of Attorney Appearance by Timothy Leeds Newhall on behalf of State of Florida Division of Administrative Hearings. Attorney Timothy Leeds Newhall added to party State of Florida Division of Administrative Hearings(pty:dft). (Newhall, Timothy) |
| Filing 30 Defendant's MOTION to Dismiss #1 Complaint,, by Charter Schools USA, Inc., Jana Raskin, Renaissance Charter School, Inc., Stacy Schmit. Responses due by 11/8/2018 (Gordon, Andrew) |
| Filing 29 Summons (Affidavit) Returned Unexecuted as to Rick Scott. (drz) |
| Filing 28 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline State of Florida Division of Administrative Hearings served on 10/15/2018, answer due 11/5/2018. (drz) |
| Filing 27 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline The Florida Department of Education Office of Student Financial Assistance served on 10/15/2018, answer due 11/5/2018. (drz) |
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Filing 26
ORDER OF RECUSAL. Magistrate Judge Shaniek M. Maynard recused. Case reassigned to Magistrate Judge Dave Lee Brannon for all further proceedings. Signed by Magistrate Judge Shaniek M. Maynard on 10/22/2018. See attached document for full details. (jmd)
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Filing 25
PAPERLESS ORDER granting #21 Motion for Leave to File Excess Pages. Although the Court takes notice of Plaintiff's objection to the page enlargement, the Court finds that the enlargement is justified given the number of causes of action asserted in the Complaint. Page limitation for Defendants' motion to dismiss enlarged to no more than 30 pages. Signed by Judge Kenneth A. Marra on 10/22/2018. (ir)
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| Filing 24 NOTICE of Attorney Appearance by Robert Jacob Sniffen on behalf of Billy Ray Tomlinson. Attorney Robert Jacob Sniffen added to party Billy Ray Tomlinson(pty:dft). (Sniffen, Robert) |
| Filing 23 NOTICE of Attorney Appearance by Robert Jacob Sniffen on behalf of Labelth Howard. Attorney Robert Jacob Sniffen added to party Labelth Howard(pty:dft). (Sniffen, Robert) |
| Filing 22 NOTICE of Attorney Appearance by Robert Jacob Sniffen on behalf of The School Board of St. Lucie County. Attorney Robert Jacob Sniffen added to party The School Board of St. Lucie County(pty:dft). (Sniffen, Robert) |
| Filing 21 Defendant's MOTION for Leave to File Excess Pages for Defendant's Motion to Dismiss by Charter Schools USA, Inc., Jana Raskin, Renaissance Charter School, Inc., Stacy Schmit. (Attachments: #1 Text of Proposed Order Proposed Order)(Gonzalez, Daniel) |
| Filing 20 NOTICE of Attorney Appearance by Terry Joseph Harmon on behalf of The School Board of St. Lucie County. Attorney Terry Joseph Harmon added to party The School Board of St. Lucie County(pty:dft). (Harmon, Terry) |
| Filing 19 NOTICE of Attorney Appearance by Terry Joseph Harmon on behalf of Labelth Howard. Attorney Terry Joseph Harmon added to party Labelth Howard(pty:dft). (Harmon, Terry) |
| Filing 18 NOTICE of Attorney Appearance by Terry Joseph Harmon on behalf of Billy Ray Tomlinson. Attorney Terry Joseph Harmon added to party Billy Ray Tomlinson(pty:dft). (Harmon, Terry) |
| Filing 17 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline Billy Ray Tomlinson served on 10/9/2018, answer due 10/30/2018. (pes) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline The School Board of St. Lucie County served on 10/9/2018, answer due 10/30/2018. (pes) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline Stacy Schmit served on 10/6/2018, answer due 10/29/2018. (pes) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline Charter Schools USA, Inc. served on 10/4/2018, answer due 10/25/2018. (pes) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline Jana Raskin served on 10/4/2018, answer due 10/25/2018. (pes) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline Renaissance Charter School, Inc. served on 10/4/2018, answer due 10/25/2018. (pes) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint,, with a 21 day response/answer filing deadline Labelth Howard served on 10/9/2018, answer due 10/30/2018. (pes) |
| Filing 10 Summons Issued as to Governor Rick Scott, State of Florida. (cga) |
| Filing 9 NOTICE of Attorney Appearance by Daniel Eric Gonzalez on behalf of Charter Schools USA, Inc., Jana Raskin, Renaissance Charter School, Inc., Stacy Schmit. Attorney Daniel Eric Gonzalez added to party Charter Schools USA, Inc.(pty:dft), Attorney Daniel Eric Gonzalez added to party Jana Raskin(pty:dft), Attorney Daniel Eric Gonzalez added to party Renaissance Charter School, Inc.(pty:dft), Attorney Daniel Eric Gonzalez added to party Stacy Schmit(pty:dft). (Gonzalez, Daniel) |
| Filing 8 NOTICE of Attorney Appearance by Andrew Michael Gordon on behalf of Charter Schools USA, Inc., Jana Raskin, Renaissance Charter School, Inc., Stacy Schmit. Attorney Andrew Michael Gordon added to party Charter Schools USA, Inc.(pty:dft), Attorney Andrew Michael Gordon added to party Jana Raskin(pty:dft), Attorney Andrew Michael Gordon added to party Renaissance Charter School, Inc.(pty:dft), Attorney Andrew Michael Gordon added to party Stacy Schmit(pty:dft). (Gordon, Andrew) |
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Filing 7
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT Signed by Judge Kenneth A. Marra on 10/3/2018. See attached document for full details. (ir)
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| Filing 6 Summons Issued as to The Florida Department of Education Office of Student Financial Assistance. (cga) |
| Filing 5 Consent by Pro Se Litigant (Non-Prisoner) R.W. T.W. to receive Notices of Electronic Filing at email address: Walkerlegalw@yahoo.com (cga) |
| Filing 4 Summons Issued as to Charter Schools USA, Inc., Florida State Board of Education, Labelth Howard, Jana Raskin, Renaissance Charter School, Inc., Stacy Schmit, Rick Scott, State of Florida Division of Administrative Hearings, Pam Steward, The Florida Department of Education Office of Student Financial Assistance, The School Board of St. Lucie County, Billy Ray Tomlinson, Monica Verra-Tirado. (lh) |
| Filing 3 Clerks Notice of Receipt of Filing Fee received on 10/1/2018 in the amount of $ 400.00, receipt number FLS200002151 (lh) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Kenneth A. Marra and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (lh) |
| Filing 1 COMPLAINT against Charter Schools USA, Inc., Florida State Board of Education, Labelth Howard, Jana Raskin, Renaissance Charter School, Inc., Stacy Schmit, Rick Scott, State of Florida Division of Administrative Hearings, Pam Steward, The Florida Department of Education Office of Student Financial Assistance, The School Board of St. Lucie County, Billy Ray Tomlinson, Monica Verra-Tirado. Filing fees $ 400.00 Receipt#: FLS200002151, filed by R.W. T.W.. (Attachments: #1 Civil Cover Sheet)(lh) |
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