Case: Ruiz v. Robinson

1:11-cv-23776 | U.S. District Court for the Southern District of Florida

Filed Date: Oct. 19, 2011

Closed Date: 2012

Clearinghouse coding complete

Case Summary

On October 19, 2011, dependent students denied Florida in-state tuition by state undergraduate institutions because of their inability to prove their parents' lawful immigration status filed a lawsuit in the U.S. District Court for the Southern District of Florida, under 42 U.S.C. § 1983, against the Florida State Board of Education and the State University System of Florida Board of Governors. The plaintiffs, represented by attorneys from the Southern Poverty Law Center, sought declaratory and…

On October 19, 2011, dependent students denied Florida in-state tuition by state undergraduate institutions because of their inability to prove their parents' lawful immigration status filed a lawsuit in the U.S. District Court for the Southern District of Florida, under 42 U.S.C. § 1983, against the Florida State Board of Education and the State University System of Florida Board of Governors. The plaintiffs, represented by attorneys from the Southern Poverty Law Center, sought declaratory and injunctive relief, and class certification. The plaintiffs alleged that the defendants' policy that classified them as non-residents based on their parents' federal immigration status was unconstitutional, in violation of the Equal Protection Clause and the Supremacy Clause under the United States Constitution.

The plaintiffs were all United States citizens born in the United States and they had lived in Florida for many years. They were unable to establish their parents' lawful immigration status, which was required under the defendants' policy to determine eligibility for in-state tuition. Hence, the public institutions in Florida denied in-state tuition to the plaintiffs due to such state regulations, and, as a result, the plaintiffs either had to delay their higher education or forego it entirely.

On February 24, 2012, the plaintiffs filed an amended complaint, adding several individuals from the defendant agencies in their official capacity as defendants to the lawsuit. The District Court (Judge Kevin M. Moore) denied the plaintiffs' motion for class certification. Ruiz v. Robinson, 2012 WL 3278644 (S.D. Fla. Aug. 9, 2012). The Court reasoned that the expenses and burden of maintaining a class action outweighed the benefit of granting class certification in this case, and the Court did not find an imminent threat of mootness that would require a class certification in this case.

On August 31, 2012, the Court granted summary judgment in part to the plaintiffs and denied the defendants' motion for summary judgment. Ruiz v. Robinson, 892 F. Supp. 2d 1321 (S.D. Fla. 2012). The Court held that the defendants' regulations that classified the plaintiffs by virtue of their parents' undocumented immigration status violated the Equal Protection Clause of the United States Constitution. The Court found that the defendants' classification did not advance any legitimate state interest. The Court denied as moot the Supremacy Clause claim raised by the plaintiffs.

On October 25, 2012, the Court entered final judgment in favor of the plaintiffs on their equal protection claim. The Court declared the defendants' regulations unconstitutional and an incorrect interpretation of the relevant substantive laws. The Court also issued an injunction that banned such regulations. Thus, the defendants could no longer require dependent citizen students who could otherwise establish their and their parents' Florida residency to provide proof of their parents' lawful immigration status for determination of their eligibility for in-state tuition benefits. On December 18, 2012, both parties entered into a settlement agreement on attorneys' fees and litigation costs. The defendants agreed to pay the plaintiffs in sum of $100,000. This ended the case.

Summary Authors

Emma Bao (6/10/2013)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4234011/parties/ruiz-v-robinson/


Judge(s)

Moore, Kevin Michael (Florida)

Torres, Edwin G. (Florida)

Attorneys(s) for Plaintiff

Galloni, Tania (Florida)

Haskell, Miriam Fahsi (Florida)

Katzerman, Jerri (Alabama)

Morris, Maria V. (Alabama)

Attorneys(s) for Defendant

Winship, Blaine H (Florida)

Other Attorney(s)

Active

Active

Active

Judge(s)

Moore, Kevin Michael (Florida)

Torres, Edwin G. (Florida)

Attorneys(s) for Plaintiff

Galloni, Tania (Florida)

Haskell, Miriam Fahsi (Florida)

Katzerman, Jerri (Alabama)

Morris, Maria V. (Alabama)

Attorneys(s) for Defendant

Winship, Blaine H (Florida)

Other Attorney(s)

Auslander, Charles Morris (Florida)

Greenfield, Valory Tony (Florida)

Grunewald, Kathy Newman (Florida)

Huddleston, Cindy LeAnn (Florida)

Documents in the Clearinghouse

Document

1:11-cv-23776

Docket [PACER]

Dec. 20, 2012

Dec. 20, 2012

Docket
1

1:11-cv-23776

Complaint - Class Action

Oct. 19, 2011

Oct. 19, 2011

Complaint
29

1:11-cv-23776

Amended Complaint - Class Action

Feb. 24, 2012

Feb. 24, 2012

Complaint
88

1:11-cv-23776

Order Denying Plaintiffs' Motion to Certify Class

2012 WL 3278644

Aug. 9, 2012

Aug. 9, 2012

Order/Opinion
94

1:11-cv-23776

Order Granting In Part Plaintiffs' Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment

892 F.Supp.2d 1321

Aug. 31, 2012

Aug. 31, 2012

Order/Opinion
109

1:11-cv-23776

Final Judgment

Oct. 25, 2012

Oct. 25, 2012

Order/Opinion
110

1:11-cv-23776

Settlement Agreement on Attorneys' Fees and Litigation Costs and Expenses

Dec. 18, 2012

Dec. 18, 2012

Settlement Agreement

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4234011/ruiz-v-robinson/

Last updated Aug. 2, 2022, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants. Filing fee $ 350.00 receipt number 113C-4163507, filed by Wendy Ruiz, Kassandra Romero, Caroline Roa, Noel Saucedo, Janeth America Perez. (Attachments: # 1 Civil Cover Sheet with Attachment, # 2 Summon(s) Gerard Robinson, # 3 Summon(s) Frank T. Brogan)(Haskell, Miriam) (Entered: 10/19/2011)

1 Civil Cover Sheet with Attachment

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2 Summon(s) Gerard Robinson

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3 Summon(s) Frank T. Brogan

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Oct. 19, 2011

Oct. 19, 2011

RECAP
2

Judge Assignment to Judge K. Michael Moore (abe) (Entered: 10/19/2011)

Oct. 19, 2011

Oct. 19, 2011

PACER
3

Summons Issued as to All Defendants. (Attachments: # 1 Summon(s))(abe) (Entered: 10/19/2011)

1 Summon(s)

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Oct. 19, 2011

Oct. 19, 2011

PACER
4

PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE EDWIN G. TORRES. 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 Edwin G. Torres 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. Signed by Judge K. Michael Moore on 10/21/2011. (rg1) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
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 120 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.M. 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 10/21/2011. (rg1) (Entered: 10/21/2011)

Oct. 21, 2011

Oct. 21, 2011

PACER
6

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Maria V. Morris. Filing Fee $ 75.00. Receipt # 28563. (ksa) (Entered: 11/18/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
7

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jerri K. Katzerman. Filing Fee $ 75.00. Receipt # 28563. (ksa) (Entered: 11/18/2011)

Nov. 15, 2011

Nov. 15, 2011

PACER
8

PAPERLESS ORDER. THIS CAUSE came before the Court on Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 6 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 6 is GRANTED. Maria V. Morris may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to maria.morris@splcenter.org. Signed by Judge K. Michael Moore on 11/21/2011. (rg1) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
9

PAPERLESS ORDER. THIS CAUSE came before the Court on Plaintiffs' Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings 7 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 7 is GRANTED. Jerri K. Katzerman may appear Pro Hac Vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to jerri.katzerman@splcenter.org. Signed by Judge K. Michael Moore on 11/21/2011. (rg1) (Entered: 11/21/2011)

Nov. 21, 2011

Nov. 21, 2011

PACER
10

First MOTION for Extension of Time to convene scheduling conference by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. Responses due by 12/27/2011 (Attachments: # 1 Text of Proposed Order)(Haskell, Miriam) (Entered: 12/08/2011)

1 Text of Proposed Order

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Dec. 8, 2011

Dec. 8, 2011

PACER
11

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Enlargement of Time to Hold Scheduling Conference 10 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 10 is GRANTED IN PART. The Parties have until January 17, 2012, to submit their Joint Scheduling Report. Signed by Judge K. Michael Moore on 12/12/2011. (rg1) Modified Text on 12/13/2011 (ra). (Entered: 12/12/2011)

Dec. 12, 2011

Dec. 12, 2011

PACER
12

ACKNOWLEDGMENT OF SERVICE Executed Acknowledgment filed by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. (Attachments: # 1 Affidavit proof of service upon defendants)(Haskell, Miriam) (Entered: 12/14/2011)

1 Affidavit proof of service upon defendants

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Dec. 14, 2011

Dec. 14, 2011

PACER
14

NOTICE of Filing SUMMONS (Affidavit) Returned Executed on 1 Complaint, by Wendy Ruiz, Kassandra Romero, Caroline Roa, Noel Saucedo, Janeth America Perez. Frank T. Brogan served on 12/5/2011, answer due 12/27/2011; Gerard Robinson served on 12/5/2011, answer due 12/27/2011. (ls)(See Image at DE # 12 ) (Entered: 12/16/2011)

Dec. 14, 2011

Dec. 14, 2011

PACER
13

NOTICE of Attorney Appearance by Blaine H Winship on behalf of Frank T. Brogan, Gerard Robinson (Winship, Blaine) (Entered: 12/15/2011)

Dec. 15, 2011

Dec. 15, 2011

PACER
15

Clerks Notice to Filer re 12 Acknowledgment of Service. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#14]. It is not necessary to refile this document. (ls) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
16

Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint, by Frank T. Brogan, Gerard Robinson. (Winship, Blaine) (Entered: 12/16/2011)

Dec. 16, 2011

Dec. 16, 2011

PACER
17

PAPERLESS ORDER. THIS CAUSE came before the Court upon the Defendants' Unopposed Motion for Enlargement of Time to Respond to Complaint, to Hold Joint Scheduling Conference, and to File the Joint Scheduling Report 16 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 16 is GRANTED IN PART. Defendants have until January 5, 2011, to respond to Complaint. Deadlines for submission of the Joint Scheduling Report established in the Court's December 12, 2011, Paperless Order 11 are not changed. Signed by Judge K. Michael Moore on 12/19/11. (tas) (Entered: 12/19/2011)

Dec. 19, 2011

Dec. 19, 2011

PACER
18

Defendant's MOTION to Dismiss 1 Complaint, and Memorandum of Points and Authorities in Support by Frank T. Brogan, Gerard Robinson. Responses due by 1/23/2012 (Winship, Blaine) (Entered: 01/05/2012)

Jan. 5, 2012

Jan. 5, 2012

RECAP
19

SCHEDULING REPORT - Rule 16.1 by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo (Attachments: # 1 Text of Proposed Order)(Haskell, Miriam) (Entered: 01/17/2012)

1 Text of Proposed Order

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Jan. 17, 2012

Jan. 17, 2012

PACER
20

PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of September 24, 2012 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 20, 2012 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 September 11, 2012 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, must be filed no later than sixty (60) 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. All discovery shall be completed seventy (70) 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. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. 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.. Signed by Judge K. Michael Moore on 1/20/2012. (rg1) (Entered: 01/20/2012)

Jan. 20, 2012

Jan. 20, 2012

PACER
21

PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter, pursuant to Federal Rule of Civil Procedure 16 and Southern District Local Rule 16.2, it is ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than sixty (60) 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 notify the Clerk of Court 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, which designation shall be made on a blind rotation basis. 3. A place, date and time for mediation convenient to the mediator, counsel of record, and unrepresented parties shall be established. 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 appearance 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. 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 these 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 the filing of a notice of settlement signed by 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 1/20/2012. (rg1) (Entered: 01/20/2012)

Jan. 20, 2012

Jan. 20, 2012

PACER
22

Plaintiff's MOTION to Certify Class by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. Responses due by 2/6/2012 (Attachments: # 1 Exhibit Declaration with Attachments of Professor E. Roman (Legal Scholar), # 2 Exhibit Declaration of W. Ruiz (Named Plaintiff), # 3 Exhibit Declaration of N. Saucedo (Named Plaintiff), # 4 Exhibit Declaration of C. Roa (Named Plaintiff), # 5 Exhibit Declaration of K. Romero (Named Plaintiff), # 6 Exhibit Declaration of J. Perez (Named Plaintiff), # 7 Exhibit Declaration of S. Rincon (Class Member), # 8 Exhibit Declaration of A. Moten (Class Member), # 9 Exhibit Declaration of A. Dinis (Children's Rights Attorney), # 10 Exhibit Declaration of J. Katzerman (Plaintiffs' Counsel), # 11 Exhibit Declaration of T. Galloni (Plaintiffs' Counsel), # 12 Exhibit Declaration of M. Morris (Plaintiffs' Counsel))(Haskell, Miriam) (Entered: 01/20/2012)

1 Exhibit Declaration with Attachments of Professor E. Roman (Legal Scholar)

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2 Exhibit Declaration of W. Ruiz (Named Plaintiff)

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3 Exhibit Declaration of N. Saucedo (Named Plaintiff)

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4 Exhibit Declaration of C. Roa (Named Plaintiff)

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5 Exhibit Declaration of K. Romero (Named Plaintiff)

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6 Exhibit Declaration of J. Perez (Named Plaintiff)

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7 Exhibit Declaration of S. Rincon (Class Member)

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8 Exhibit Declaration of A. Moten (Class Member)

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9 Exhibit Declaration of A. Dinis (Children's Rights Attorney)

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10 Exhibit Declaration of J. Katzerman (Plaintiffs' Counsel)

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11 Exhibit Declaration of T. Galloni (Plaintiffs' Counsel)

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12 Exhibit Declaration of M. Morris (Plaintiffs' Counsel)

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Jan. 20, 2012

Jan. 20, 2012

PACER
23

RESPONSE to Motion re 18 Defendant's MOTION to Dismiss 1 Complaint, and Memorandum of Points and Authorities in Support filed by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. Replies due by 2/2/2012. (Attachments: # 1 Exhibit Florida Residency Guidelines for Tuition Purposes, # 2 Exhibit Florida Department of Education Organizational Chart, # 3 Exhibit Press Release: New national rankings released for states' tuition and fees)(Haskell, Miriam) (Entered: 01/23/2012)

1 Exhibit Florida Residency Guidelines for Tuition Purposes

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2 Exhibit Florida Department of Education Organizational Chart

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3 Exhibit Press Release: New national rankings released for states' tuition a

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Jan. 23, 2012

Jan. 23, 2012

PACER
24

RESPONSE/REPLY in Support of Defendants' Motion to Dismiss the Complaint by Frank T. Brogan, Gerard Robinson. (Winship, Blaine) (Entered: 02/02/2012)

Feb. 2, 2012

Feb. 2, 2012

PACER
25

Request for Clerk to Appoint Mediator(Haskell, Miriam) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
26

Clerk's Appointment of Mediator: Robert A. Lazenby added (pt) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
27

MEMORANDUM in Opposition re 22 Plaintiff's MOTION to Certify Class by Frank T. Brogan, Gerard Robinson. (Winship, Blaine) (Entered: 02/06/2012)

Feb. 6, 2012

Feb. 6, 2012

PACER
28

REPLY to Response to Motion re 22 Plaintiff's MOTION to Certify Class filed by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. (Galloni, Tania) (Entered: 02/15/2012)

Feb. 15, 2012

Feb. 15, 2012

PACER
29

AMENDED COMPLAINT against All Defendants, filed by Wendy Ruiz, Kassandra Romero, Caroline Roa, Noel Saucedo, Janeth America Perez. (Attachments: # 1 Summon(s) Kathleen Shanahan, # 2 Summon(s) Roberto Martinez, # 3 Summon(s) Sally Bradshaw, # 4 Summon(s) Gary Chartrand, # 5 Summon(s) A.K. Desai, # 6 Summon(s) Barbara S. Feingold, # 7 Summon(s) John R. Padget, # 8 Summon(s) Dean Colson, # 9 Summon(s) Morteza Hosseini, # 10 Summon(s) Richard A. Beard III, # 11 Summon(s) Joseph L. Caruncho, # 12 Summon(s) Chris Corr, # 13 Summon(s) Patricia Frost, # 14 Summon(s) Thomas G. Kuntz, # 15 Summon(s) Michael Long, # 16 Summon(s) Ava L. Parker, # 17 Summon(s) Tico Perez, # 18 Summon(s) John Rood, # 19 Summon(s) Gus A. Stavros, # 20 Summon(s) John W. Temple, # 21 Summon(s) Norman D. Tripp, # 22 Summon(s) Richard A. Yost)(Haskell, Miriam) (Entered: 02/24/2012)

1 Summon(s) Kathleen Shanahan

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2 Summon(s) Roberto Martinez

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3 Summon(s) Sally Bradshaw

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4 Summon(s) Gary Chartrand

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5 Summon(s) A.K. Desai

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6 Summon(s) Barbara S. Feingold

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7 Summon(s) John R. Padget

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8 Summon(s) Dean Colson

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9 Summon(s) Morteza Hosseini

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10 Summon(s) Richard A. Beard III

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11 Summon(s) Joseph L. Caruncho

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12 Summon(s) Chris Corr

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13 Summon(s) Patricia Frost

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14 Summon(s) Thomas G. Kuntz

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15 Summon(s) Michael Long

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16 Summon(s) Ava L. Parker

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17 Summon(s) Tico Perez

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18 Summon(s) John Rood

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19 Summon(s) Gus A. Stavros

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20 Summon(s) John W. Temple

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21 Summon(s) Norman D. Tripp

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22 Summon(s) Richard A. Yost

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Feb. 24, 2012

Feb. 24, 2012

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PAPERLESS ORDER DENYING AS MOOT Defendants' Motion to Dismiss 18 and Plaintiffs' Motion to Certify Class 22 . These Motions are mooted by Plaintiffs' Amended Complaint 29 . The Parties have leave to renew their Motions as appropriate. Signed by Judge K. Michael Moore on 2/28/2012. (rg1) (Entered: 02/28/2012)

Feb. 28, 2012

Feb. 28, 2012

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31

Summons Issued as to Kathleen Shanahan. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

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32

Summons Issued as to Roberto Martinez. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

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33

Summons Issued as to Sally Bradshaw. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

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34

Summons Issued as to Gary Chartrand. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

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35

Summons Issued as to A.K. Desai. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

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36

Summons Issued as to Barbara S. Feingold. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

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37

Summons Issued as to John R. Padget. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

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38

Summons Issued as to Dean Colson. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

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39

Summons Issued as to Morteza Hosseini. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

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40

Summons Issued as to Richard A. Beard, III. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
41

Summons Issued as to Joseph L. Caruncho. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
42

Summons Issued as to Chris Corr. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
43

Summons Issued as to Patricia Frost. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
44

Summons Issued as to Thomas G. Kuntz. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
45

Summons Issued as to Michael Long. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
46

Summons Issued as to Ava L. Parker. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
47

Summons Issued as to Tico Perez. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
48

Summons Issued as to John Rood. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
49

Summons Issued as to Gus A. Stavros. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
50

Summons Issued as to John W. Temple. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
51

Summons Issued as to Norman D. Tripp. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
52

Summons Issued as to Richard A. Yost. (ls) (Entered: 02/29/2012)

Feb. 29, 2012

Feb. 29, 2012

PACER
53

Plaintiff's MOTION to Certify Class by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. Responses due by 3/19/2012 (Attachments: # 1 Exhibit Declaration with Attachments of Professor E. Roman (Legal Scholar), # 2 Exhibit Declaration of W. Ruiz (Named Plaintiff), # 3 Exhibit Declaration of N. Saucedo (Named Plaintiff), # 4 Exhibit Declaration of C. Roa (Named Plaintiff), # 5 Exhibit Declaration of K. Romero (Named Plaintiff), # 6 Exhibit Declaration of J. Perez (Named Plaintiff), # 7 Exhibit Declaration of S. Rincon (Class Member), # 8 Exhibit Declaration of A. Moten (Class Member), # 9 Exhibit Declaration of A. Dinis (Children's Rights Attorney), # 10 Exhibit Declaration of J. Katzerman (Plaintiffs' Counsel), # 11 Exhibit Declaration of T. Galloni (Plaintiffs' Counsel), # 12 Exhibit Declaration of M. Morris (Plaintiffs' Counsel))(Haskell, Miriam) (Entered: 03/01/2012)

1 Exhibit Declaration with Attachments of Professor E. Roman (Legal Scholar)

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2 Exhibit Declaration of W. Ruiz (Named Plaintiff)

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3 Exhibit Declaration of N. Saucedo (Named Plaintiff)

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4 Exhibit Declaration of C. Roa (Named Plaintiff)

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5 Exhibit Declaration of K. Romero (Named Plaintiff)

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6 Exhibit Declaration of J. Perez (Named Plaintiff)

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7 Exhibit Declaration of S. Rincon (Class Member)

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8 Exhibit Declaration of A. Moten (Class Member)

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9 Exhibit Declaration of A. Dinis (Children's Rights Attorney)

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10 Exhibit Declaration of J. Katzerman (Plaintiffs' Counsel)

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11 Exhibit Declaration of T. Galloni (Plaintiffs' Counsel)

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12 Exhibit Declaration of M. Morris (Plaintiffs' Counsel)

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March 1, 2012

March 1, 2012

PACER
54

SUMMONS (Affidavit) Returned Executed on 29 Amended Complaint,,, by Noel Saucedo, Wendy Ruiz, Caroline Roa, Kassandra Romero, Janeth America Perez. All Defendants. (Attachments: # 1 Return of Service (Richard A. Beard, III), # 2 Return of Service (Sally Bradshaw), # 3 Return of Service (Joseph L. Caruncho), # 4 Return of Service (Gary Chartran), # 5 Return of Service (Dean Colson), # 6 Return of Service (Chris Corr), # 7 Return of Service (A.K. Desai), # 8 Return of Service (Barbara S. Feingold), # 9 Return of Service (Patricia Frost), # 10 Return of Service (Morteza Hosseini), # 11 Return of Service (Thomas G. Kuntz), # 12 Return of Service (Michael Long), # 13 Return of Service (Roberto Martinez), # 14 Return of Service (John R. Padget), # 15 Return of Service (Ava L. Parker), # 16 Return of Service (Tico Perez), # 17 Return of Service (John Rood), # 18 Return of Service (Kathleen Shanahan), # 19 Return of Service (Gus A. Stavros), # 20 Return of Service (John W. Temple), # 21 Return of Service (Norman D. Tripp), # 22 Return of Service (Richard A. Yost))(Galloni, Tania) (Entered: 03/07/2012)

1 Return of Service (Richard A. Beard, III)

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2 Return of Service (Sally Bradshaw)

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3 Return of Service (Joseph L. Caruncho)

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4 Return of Service (Gary Chartran)

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5 Return of Service (Dean Colson)

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6 Return of Service (Chris Corr)

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7 Return of Service (A.K. Desai)

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8 Return of Service (Barbara S. Feingold)

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9 Return of Service (Patricia Frost)

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10 Return of Service (Morteza Hosseini)

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11 Return of Service (Thomas G. Kuntz)

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12 Return of Service (Michael Long)

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13 Return of Service (Roberto Martinez)

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14 Return of Service (John R. Padget)

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15 Return of Service (Ava L. Parker)

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16 Return of Service (Tico Perez)

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17 Return of Service (John Rood)

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18 Return of Service (Kathleen Shanahan)

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19 Return of Service (Gus A. Stavros)

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20 Return of Service (John W. Temple)

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21 Return of Service (Norman D. Tripp)

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22 Return of Service (Richard A. Yost)

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March 7, 2012

March 7, 2012

PACER
55

Notice of Mediation Hearing before Mediator, Robert A. Lazenby filed by Robert A. Lazenby. Mediation Hearing set for 5/8/2012 10:00 AM (Nicholson, Allene) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
56

NOTICE of Attorney Appearance by Blaine H Winship on behalf of Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost (Winship, Blaine) (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
57

MOTION for Extension of Time to File Answer RE: Complaints re 29 Amended Complaint,,, by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. Responses due by 4/5/2012 (Winship, Blaine) Modified Relief on 3/21/2012 (ls). (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
58

MEMORANDUM in Opposition re 53 Plaintiff's MOTION to Certify Class by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. (Winship, Blaine) Modified Link on 3/21/2012 (ls). (Entered: 03/19/2012)

March 19, 2012

March 19, 2012

PACER
59

REPLY to Response to Motion re 53 Plaintiff's MOTION to Certify Class filed by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. (Haskell, Miriam) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
60

MOTION to Dismiss 29 Amended Complaint,,, by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. Responses due by 4/6/2012 (Winship, Blaine) (Entered: 03/20/2012)

March 20, 2012

March 20, 2012

PACER
61

Clerks Notice to Filer re 57 MOTION for Extension of Time additional ten days to respond to Amended Complaint re 29 Amended Complaint,,,. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
62

Clerks Notice to Filer re 58 Memorandum,. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) (Entered: 03/21/2012)

March 21, 2012

March 21, 2012

PACER
63

PAPERLESS ORDER. THIS CAUSE came before the Court upon the Defendants' Motion for Extension of Time 57 . This Motion is mooted by Defendants' Motion to Dismiss the Amended Complaint 60 . Consequently, 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 Defendants' Motion 57 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 3/22/2012. (bce) (Entered: 03/22/2012)

March 22, 2012

March 22, 2012

PACER
64

RESPONSE in Opposition re 60 MOTION to Dismiss 29 Amended Complaint,,, filed by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. (Galloni, Tania) (Entered: 04/06/2012)

April 6, 2012

April 6, 2012

PACER
65

RESPONSE/REPLY to 64 Response in Opposition to Motion, 60 MOTION to Dismiss 29 Amended Complaint,,, by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. (Winship, Blaine) (Entered: 04/16/2012)

April 16, 2012

April 16, 2012

PACER
66

REPLY to Response to Motion re 60 MOTION to Dismiss 29 Amended Complaint,,, filed by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. (ls)(See Image at DE # 65 ) (Entered: 04/17/2012)

April 16, 2012

April 16, 2012

PACER
67

Clerks Notice to Filer re 65 Response/Reply (Other),,. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#66]. It is not necessary to refile this document. (ls) (Entered: 04/17/2012)

April 17, 2012

April 17, 2012

PACER
68

Unopposed MOTION for Leave to File Sur-Reply in Opposition to Defendants' Motion to Dismiss by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. (Attachments: # 1 Exhibit Proposed Sur-Reply)(Galloni, Tania) (Entered: 04/20/2012)

1 Exhibit Proposed Sur-Reply

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April 20, 2012

April 20, 2012

PACER
69

PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Unopposed Motion for Leave to File Sur-Reply 68 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Plaintiff's Motion 68 is GRANTED. Signed by Judge K. Michael Moore on 4/23/2012. (bce) (Entered: 04/23/2012)

April 23, 2012

April 23, 2012

PACER
70

REPLY to Response to Motion re 60 MOTION to Dismiss 29 Amended Complaint,,, (Sur-Reply) filed by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. (Attachments: # 1 Exhibit California Settlement Agreement, # 2 Exhibit Colorado Attorney General Opinion)(Haskell, Miriam) (Entered: 04/24/2012)

1 Exhibit California Settlement Agreement

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2 Exhibit Colorado Attorney General Opinion

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April 24, 2012

April 24, 2012

PACER
71

Defendant's MOTION to Dispense with Mediation by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. (Winship, Blaine) (Entered: 04/25/2012)

April 25, 2012

April 25, 2012

PACER
72

RESPONSE to Motion re 71 Defendant's MOTION to Dispense with Mediation filed by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. Replies due by 5/7/2012. (Haskell, Miriam) (Entered: 04/25/2012)

April 25, 2012

April 25, 2012

PACER
73

REPLY to Response to Motion re 71 Defendant's MOTION to Dispense with Mediation filed by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. (Winship, Blaine) (Entered: 04/26/2012)

April 26, 2012

April 26, 2012

PACER
74

PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion to Waive Mediation 71 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 71 is GRANTED. The requirement in the Court's January 20, 2012, Paperless Order 21 that the Parties participate in mediation is waived. The Parties shall split equally any costs associated with the canceled mediation. Signed by Judge K. Michael Moore on 4/27/2012. (bce) (Entered: 04/27/2012)

April 27, 2012

April 27, 2012

PACER
75

Plaintiff's MOTION for Summary Judgment by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. Responses due by 8/2/2012 (Attachments: # 1 Statement of Undisputed Material Facts, # 2 Exhibit Declaration of W Ruiz, # 3 Exhibit Declaration of N Saucedo, # 4 Exhibit Declaration of C Roa, # 5 Exhibit Declaration of K Romero, # 6 Exhibit Declaration of J Perez, # 7 Exhibit Declaration of J Singh, # 8 Exhibit Declaration of M Morris, # 9 Exhibit Declaration of J Katzerman)(Haskell, Miriam) (Entered: 07/16/2012)

1 Statement of Undisputed Material Facts

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2 Exhibit Declaration of W Ruiz

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3 Exhibit Declaration of N Saucedo

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4 Exhibit Declaration of C Roa

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5 Exhibit Declaration of K Romero

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6 Exhibit Declaration of J Perez

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7 Exhibit Declaration of J Singh

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8 Exhibit Declaration of M Morris

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9 Exhibit Declaration of J Katzerman

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July 16, 2012

July 16, 2012

PACER
76

NOTICE of Attorney Appearance by Valory Toni Greenfield on behalf of University of Miami School of Law Children and Youth Law Clinic (Greenfield, Valory) (Entered: 07/19/2012)

July 19, 2012

July 19, 2012

PACER
77

NOTICE of Attorney Appearance by Charles Morris Auslander on behalf of The Children's Trust (Auslander, Charles) (Entered: 07/20/2012)

July 20, 2012

July 20, 2012

PACER
78

MOTION for Leave to File Proposed Brief of Amicus Curiae, MOTION for Leave to Appear as Amicus . Attorney: Valory Greenfield( Responses due by 8/6/2012) by University of Miami School of Law Children and Youth Law Clinic. (Attachments: # 1 Memorandum Proposed Brief of Amicus University of Miami School of Law Children and Youth Law Clinic and The Children's Trust in Support of Plaintiffs' Motion for Summary Judgment)(Greenfield, Valory) (Entered: 07/20/2012)

1 Memorandum Proposed Brief of Amicus University of Miami School of Law Children a

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July 20, 2012

July 20, 2012

PACER
79

MEMORANDUM in Opposition re 78 MOTION for Leave to File Proposed Brief of Amicus Curiae MOTION for Leave to Appear as Amicus . Attorney: Valory Greenfield by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. (Winship, Blaine) (Entered: 07/23/2012)

July 23, 2012

July 23, 2012

PACER
80

NOTICE of Attorney Appearance by Cindy LeAnn Huddleston on behalf of University of Miami School of Law Children and Youth Law Clinic (Huddleston, Cindy) (Entered: 07/24/2012)

July 24, 2012

July 24, 2012

PACER
81

Defendant's MOTION for Summary Judgment by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. Responses due by 8/13/2012 (Attachments: # 1 Statement of Material Facts, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13)(Winship, Blaine) (Entered: 07/26/2012)

1 Statement of Material Facts

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2 Exhibit 1

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3 Exhibit 2

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4 Exhibit 3

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5 Exhibit 4

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6 Exhibit 5

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7 Exhibit 6

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8 Exhibit 7

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9 Exhibit 8

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10 Exhibit 9

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11 Exhibit 10

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12 Exhibit 11

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13 Exhibit 12

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14 Exhibit 13

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July 26, 2012

July 26, 2012

PACER
82

PAPERLESS ORDER. THIS CAUSE came before the Court upon the University of Miami School of Law Children and Youth Clinic's Motion for Leave to File Amicus Curiae Brief 78 . Defendants filed a Response 79 objecting to the Motion. UPON CONSIDERATION of the Motion, the Response, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 78 is GRANTED. The University of Miami School of Law Children and Youth Clinic shall have leave to file an Amicus Curiae Brief on or before August 3, 2012. Signed by Judge K. Michael Moore on 7/30/2012. (bce) (Entered: 07/30/2012)

July 30, 2012

July 30, 2012

PACER
83

NOTICE of Attorney Appearance by Kathy Newman Grunewald on behalf of University of Miami School of Law Children and Youth Law Clinic (Grunewald, Kathy) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
84

Amicus Curiae APPEARANCE entered by Kathy Newman Grunewald on behalf of University of Miami School of Law Children and Youth Law Clinic (Grunewald, Kathy) (Entered: 08/02/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
85

RESPONSE in Opposition re 75 Plaintiff's MOTION for Summary Judgment filed by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. (Attachments: # 1 Defendants' Responsive Statement of Material Facts, # 2 Exhibit 1, # 3 Exhibit 2)(Winship, Blaine) (Entered: 08/02/2012)

1 Defendants' Responsive Statement of Material Facts

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2 Exhibit 1

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3 Exhibit 2

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Aug. 2, 2012

Aug. 2, 2012

PACER
86

BRIEF/MEMORANDUM in Support re 75 Plaintiff's MOTION for Summary Judgment by The Children's Trust, University of Miami School of Law Children and Youth Law Clinic. (ls)(See Image at DE # 84 ) (Entered: 08/03/2012)

Aug. 2, 2012

Aug. 2, 2012

PACER
87

Clerks Notice to Filer re 84 Amicus Curiae Appearance. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#86]. It is not necessary to refile this document. (ls) (Entered: 08/03/2012)

Aug. 3, 2012

Aug. 3, 2012

PACER
88

ORDER DENYING 53 Plaintiff's Motion to Certify Class. Signed by Judge K. Michael Moore on 8/9/2012. (rg1) (Entered: 08/09/2012)

Aug. 9, 2012

Aug. 9, 2012

RECAP
89

Combined RESPONSE in Opposition re 81 Defendant's MOTION for Summary Judgment filed by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. (Attachments: # 1 Exhibit - Responsive Statement of Facts, # 2 Exhibit - Reply Declaration of Maria Morris)(Galloni, Tania) Modified to add missing event 90 reply to response to motion on 8/14/2012 (ls). (Entered: 08/13/2012)

1 Exhibit -Responsive Statement of Facts

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2 Exhibit - Reply Declaration of Maria Morris

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Aug. 13, 2012

Aug. 13, 2012

PACER
90

REPLY to Response to Motion re 75 Plaintiff's MOTION for Summary Judgment filed by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo. (ls)(See Image at DE # 89 ) (Entered: 08/14/2012)

Aug. 13, 2012

Aug. 13, 2012

PACER
91

Clerks Notice to Filer re 89 Response in Opposition to Motion,,. 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. (ls) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
92

Joint MOTION to Vacate All Pretrial and Trial Dates Pending Resolution of Cross-Motions For Summary Judgment by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. Responses due by 9/7/2012 (Winship, Blaine) (Entered: 08/21/2012)

Aug. 21, 2012

Aug. 21, 2012

PACER
93

REPLY to Response to Motion re 81 Defendant's MOTION for Summary Judgment filed by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori" Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. (Winship, Blaine) (Entered: 08/23/2012)

Aug. 23, 2012

Aug. 23, 2012

PACER
94

Order Granting In Part Plaintiffs' Motion for Summary Judgment 75 and Denying Defendants' Motion for Summary Judgment 81 . Signed by Judge K. Michael Moore on 8/31/2012. (dwe) (Entered: 08/31/2012)

Aug. 31, 2012

Aug. 31, 2012

RECAP
95

PAPERLESS ORDER SCHEDULING HEARING. A hearing on the scope of the Final Judgement to be entered in the above styled case is set for Thursday, September 27, 2012 at 11:00 a.m., in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. In lieu thereof, the Parties may submit a joint proposed Final Judgement consistent with the terms of this Court's Order Granting In Part Plaintiffs' Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment 94 . All other previously scheduled dates for trial and pretrial preparations in this action are cancelled. Signed by Judge K. Michael Moore on 9/4/2012. (dwe) (Entered: 09/04/2012)

Sept. 4, 2012

Sept. 4, 2012

PACER
96

PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants' Motion to Dismiss 60 and the Parties' Joint Motion to Vacate All Pretrial and Trial Dates 92 . On August 31, 2012, this Court entered an Order Granting In Part Plaintiffs' Motion for Summary Judgment and Denying Defendants' Motion for Summary Judgment 94 . In light of this Court's August 31, 2012 Order, and upon consideration of the Motions, the pertinent portions of the Record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendants' Motion to Dismiss 60 is DENIED AS MOOT. It is further ORDERED AND ADJUDGED that the Parties' Joint Motion to Vacate All Pretrial and Trial Dates 92 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 9/14/2012. (dwe) (Entered: 09/14/2012)

Sept. 14, 2012

Sept. 14, 2012

PACER
100

NOTICE by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori"Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost of Filing Proposed Final Summary Judgment (Attachments: # 1 Text of Proposed Order Proposed Final Summary Judgment)(Winship, Blaine) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

101

MEMORANDUM of Law Regarding Scope of Permanent Injunctive Relief by Richard A. Beard, III, Sally Bradshaw, Frank T. Brogan, Joseph L. Caruncho, Gary Chartrand, Dean Colson, Chris Corr, A.K. Desai, Barbara S. Feingold, Patricia Frost, Morteza "Mori"Hosseini, Thomas G. Kuntz, Michael Long, Roberto Martinez, John R. Padget, Ava L. Parker, Tico Perez, Gerard Robinson, John Rood, Kathleen Shanahan, Gus A. Stavros, John W. Temple, Norman D. Tripp, Richard A. Yost. (Winship, Blaine) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

97

NOTICE RESCHEDULING HEARING. Please take note the Hearing previously scheduled for 09/27/2012 on the scope of the Final Judgment to be entered in this case has been rescheduled to 11:00 AM on 10/04/2012 in Miami Division before Judge K. Michael Moore. (rg1) (Entered: 09/24/2012)

Sept. 24, 2012

Sept. 24, 2012

PACER
102

NOTICE by Janeth America Perez, Caroline Roa, Kassandra Romero, Wendy Ruiz, Noel Saucedo of Filing Plaintiffs' Revised Proposed Final Order (Attachments: # 1 Text of Proposed Order)(Galloni, Tania) Modified on 10/16/2012 (ls). (Entered: 10/15/2012)

Oct. 15, 2012

Oct. 15, 2012

Case Details

State / Territory: Florida

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Oct. 19, 2011

Closing Date: 2012

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Citizen students under the age of 24 who graduated from Florida high schools and lived in Florida for many years denied in-state tuition by state undergraduate institutions for their inability to prove their parents' lawful immigration status.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Florida State Board of Education, State

State University System of Florida Board of Governors, State

Defendant Type(s):

Jurisdiction-wide

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Declaratory Judgment

Source of Relief:

Settlement

Litigation

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $100,000

Order Duration: 2012 - 2012

Content of Injunction:

Discrimination Prohibition

Issues

General:

Classification / placement

Disparate Treatment

Education

Public benefits (includes, e.g., in-state tuition, govt. jobs)

School/University policies

Discrimination-basis:

Immigration status

Type of Facility:

Government-run

Immigration/Border:

Status/Classification