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Case: Landow v. School Board of Brevard County

6:97-cv-01463 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 29, 1997

Closed Date: 2001

Clearinghouse coding complete

Case Summary

This case record includes documents from three separately-filed federal lawsuits: Daniels v. Brevard County School Board, Hartley v. Brevard County School Board, and Landow v. Brevard County School Board, filed in that order, in 1997, in the United States District Court for the Middle District of Florida .Daniels, the first case, was filed on September 29, 1997, by a plaintiff on behalf of his two minor daughters; he alleged violations of Title IX of the Education Amendments of 1972, 20 U.S.C. …

This case record includes documents from three separately-filed federal lawsuits: Daniels v. Brevard County School Board, Hartley v. Brevard County School Board, and Landow v. Brevard County School Board, filed in that order, in 1997, in the United States District Court for the Middle District of Florida .

Daniels, the first case, was filed on September 29, 1997, by a plaintiff on behalf of his two minor daughters; he alleged violations of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. and state law by the School Board. Represented by private counsel, Daniels asked for preliminary injunctive relief to improve the Merritt Island High School ("MIHS") softball field, claiming unlawful discrimination against the girls' softball team, compared to the boys' baseball programs at MIHS.

On November 25, 1997, the Court (District Judge Anne C. Conway) determined that the Board was violating Title IX and state law and granted plaintiff's request for a preliminary injunction. In its Order, the Court identified specific inequalities, including electronic score-board, batting cage, bleachers, signs, bathroom facilities, concession stand/press box/announcer's booth, and field lighting. Without entering an injunction that day, the Court directed the parties to submit plans describing proposed remedies to the deficiencies it had identified. Daniels v. Sch. Bd. of Brevard Cnty., 985 F.Supp. 1458 (M.D. Fla. 1997).

Before responses to the Court's November 25th order were due, on December 4, 1997, the Daniels plaintiff joined with other parents who, on behalf of their minor daughters and others similarly situated and represented by private counsel, filed the Landow action, a separate class action suit under Title IX and state law, challenging SBBC's treatment of girls' softball, county-wide. In this second suit, plaintiffs complained, inter alia, of the fact that three of the ten high schools in Brevard County had boys' baseball fields, but no girls' softball fields.

On December 9, 1997, Daniels amended his earlier-filed complaint, adding class action allegations, seeking to make his daughters representatives of a class of those similarly situated.

Finally, the Hartley action was filed on December 10, 1997, by another group of plaintiffs on behalf of their minor daughters and others similarly situated, also under Title IX and state law. This third lawsuit also challenged SBBC's treatment of girls' softball on a county-wide basis.

Back in the Daniels case, on December 23, 1997, the Court (Judge Conway) entered the promised preliminary injunction against the Board. Noting that, as a result of the Landow and Harley cases, the Title IX focus had expanded from the softball facilities at one high school to girls' softball programs throughout Brevard County; that these cases presumably sought to force, inter alia, the construction of softball fields at three other high schools; and that the potential financial impact on the School Board had been "dramatically alter[ed];" the Court could not reasonably determine the amount of additional funds the Board should be required to expend to remedy the inequities at MIHS. Accordingly, with the exception of lighting on the MIHS girls' softball field, which SBBC had already committed to install, the Court imposed only injunctive measures that did not require additional funding, including making changes to signage and improving girls' access to extant facilities and equipment. Daniels v. Sch. Bd. of Brevard Cnty., 995 F.Supp. 1394 (M.D. Fla. 1997). On April 22, 1998, the Court (Judge Conway) granted Daniels' attorneys' interim fees totaling $15,958.12.

In the meantime, on January 5, 1998, Judge Conway ordered Hartley and Landow temporarily consolidated, to decide whether either or both should be accorded class treatment. On April 24, 1998, Judge Conway denied the motion for class certification in Hartley and dismissed it (without prejudice). At the same time, Judge Conway granted class certification in Landow and ordered it consolidated with Daniels for all purposes, including trial, with all future pleadings and papers to be filed only in Landow.

The Court (Judge Conway) awarded plaintiffs' counsel an additional $2,437.50 in interim attorneys' fees on May 19, 1998.

Nearly two years passed, and, due to improved conditions at Brevard County high schools, on March 30, 2000, the parties filed a joint stipulation, substantially narrowing their dispute to conditions at just two of them.

On September 12, 2000, Judge Conway ordered that the order and preliminary injunction entered on December 23, 1997 be dissolved; that Daniels be closed; and that any remaining issues in Daniels, including attorneys' fees, be addressed in Landow.

On December 15, 2000, following a bench trial, the Court (Judge Conway) ordered that SBBC had violated Title IX and state law by virtue of disparities between the boys' baseball and girls' softball programs at the two high schools at issue. As a result, the Court determined that plaintiffs were entitled to injunctive relief and directed the parties to submit a joint plan for remedying the inequalities identified in the Court's order, or, if they could not reach agreement, to file separate proposals. Landow v. Sch. Bd. of Brevard County, 132 F.Supp.2d 958 (M.D. Fla. 1997). In accordance with this direction, on March 5, 2001, the parties submitted a stipulated joint plan, under which new softball fields were to be constructed at the two high schools at issue. These fields and their associated amenities were to be substantially equivalent to those provided to the boys' baseball teams at those high schools. On March 7, 2001, Judge Conway approved this plan, and permanently enjoined defendants to carry it out. The case was closed.

Summary Authors

Heather Turner (6/1/2014)

People


Judge(s)

Baker, David A. (Florida)

Conway, Anne C. (Florida)

Glazebrook, James G. (Florida)

Spaulding, Karla R. (Florida)

Attorneys(s) for Plaintiff

Roberts, Charles J. (Florida)

Tietig, Lisa Kuhlman (Florida)

Zebersky, Edward H. (Florida)

Attorneys(s) for Defendant

Bell, Michael M. (Florida)

Bowling, Michael H. (Florida)

Slater, Jeffrey Graham (Florida)

Judge(s)

Baker, David A. (Florida)

Conway, Anne C. (Florida)

Glazebrook, James G. (Florida)

Spaulding, Karla R. (Florida)

Attorneys(s) for Plaintiff

Roberts, Charles J. (Florida)

Tietig, Lisa Kuhlman (Florida)

Zebersky, Edward H. (Florida)

Attorneys(s) for Defendant

Bell, Michael M. (Florida)

Bowling, Michael H. (Florida)

Slater, Jeffrey Graham (Florida)

Documents in the Clearinghouse

Document

6:97-cv-01186

Docket (PACER)

Daniels v. School Board of Brevard County

Sept. 12, 2000

Sept. 12, 2000

Docket

6:97-cv-01463

Docket [PACER]

Landow v. School Board

May 22, 2003

May 22, 2003

Docket

6:97-cv-01492

Docket [PACER]

Hartley v. School Board of Brevard County

Feb. 5, 2004

Feb. 5, 2004

Docket
28

6:97-cv-01492

Order Granting Preliminary Injunction

Daniels v. School Board of Brevard County

Nov. 25, 1997

Nov. 25, 1997

Order/Opinion
5

6:97-cv-01463

First Amended Class Action Complaint; Injunctive Relief

Daniels v. School Board of Brevard County

Dec. 9, 1997

Dec. 9, 1997

Complaint
32

6:97-cv-01186

Order and Preliminary Injunction

Daniels v. School Board of Brevard County

Dec. 23, 1997

Dec. 23, 1997

Order/Opinion
58

6:97-cv-01186

Order [Dissolving Preliminary Injunction]

Daniels v. School Board

Sept. 12, 2000

Sept. 12, 2000

Order/Opinion
171

6:97-cv-01463

Memorandum Decision and Order [To Enter Joint Plan]

Dec. 15, 2000

Dec. 15, 2000

Order/Opinion
174

6:97-cv-01463

Final Order and Permanent Injunction

March 7, 2001

March 7, 2001

Order/Opinion
188

6:97-cv-01463

Order & Opinion [Granting in Part and Denying in Part Defendants' Motion for Extension of Deadlines Set Forth in Preliminary Injunction]

Landow v. Sch. Brd. of Brevard Cnty.

March 28, 2001

March 28, 2001

Order/Opinion

Docket

Last updated Nov. 29, 2022, 3:21 a.m.

ECF Number Description Date Link Date / Link
1

CLASS ACTION COMPLAINT filed with injunctive relief sought based upon unequal educational opportunities of girls in the Brevard County public schools (jrm) (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

2

CERTIFICATE OF COMPLIANCE (notice of pendency) by Daniel Daniels with Local Rule 1.04(c) − related to 97−1186−Civ−Orl−22 (jrm) (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

SUMMONS issued for School Board/Brevard. Consent(s) issued. (jrm) (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: David A. Baker (jrm) (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

FILING FEE PAID. (Filing Fee $ 150.00 Receipt # 67540) (jrm) (Entered: 12/05/1997)

Dec. 4, 1997

Dec. 4, 1997

3

MOTION by Daniel Daniels to certify class action . (map) (Entered: 12/09/1997)

Dec. 9, 1997

Dec. 9, 1997

4

MEMORANDUM by Daniel Daniels in support of [3−1] motion to certify class action. (map) (Entered: 12/09/1997)

Dec. 9, 1997

Dec. 9, 1997

5

AMENDED COMPLAINT by Daniel Daniels amending [1−1] complaint. (map) (Entered: 12/10/1997)

Dec. 9, 1997

Dec. 9, 1997

6

RETURN OF SERVICE executed as to School Board/Brevard on 12/5/97; Answer due on 12/26/97 for School Board/Brevard. (map) (Entered: 12/11/1997)

Dec. 11, 1997

Dec. 11, 1997

7

NOTICE of designation under Local Rule 3.05 − TRACK 2. (ctc) (nrs) (Entered: 12/15/1997)

Dec. 15, 1997

Dec. 15, 1997

8

NOTICE of attorney appearance for School Board/Brevard by Jeffrey Graham Slater. (nrs) (Entered: 12/18/1997)

Dec. 18, 1997

Dec. 18, 1997

9

MOTION by School Board/Brevard with memorandum in support to extend time within which to respond to "Plaintiffs' dispositive motion to maintain case as class action ." referred to Magistrate Judge David A. Baker. (nrs) (Entered: 12/18/1997)

Dec. 18, 1997

Dec. 18, 1997

10

NOTICE re: Local Rule 3.01(g) and Motion to Maintial Case as Class Action by Daniel Daniels. (map) (Entered: 12/19/1997)

Dec. 19, 1997

Dec. 19, 1997

11

NOTICE of Magis. Judge reassignment (cbh) (Entered: 12/22/1997)

Dec. 22, 1997

Dec. 22, 1997

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Karla R. Spaulding (cbh) (Entered: 12/22/1997)

Dec. 22, 1997

Dec. 22, 1997

12

ANSWER and affirmative defenses by School Board/Brevard to first amended complaint. (nrs) (Entered: 12/23/1997)

Dec. 23, 1997

Dec. 23, 1997

13

DEMAND for jury trial by School Board/Brevard (nrs) (Entered: 12/23/1997)

Dec. 23, 1997

Dec. 23, 1997

14

MEMORANDUM by Daniel Daniels in opposition to [9−1] motion to extend time within which to respond to "Plaintiffs' dispositive motion to maintain case as class action (nrs) (Entered: 12/24/1997)

Dec. 24, 1997

Dec. 24, 1997

15

ORDER consolidating this case with 97−1492−CIV−ORL−22 for the sole purpose of determining whether the two cases should be accorded class action treatment. ( Signed by Judge Anne C. Conway ) ctc (map) (Entered: 01/05/1998)

Jan. 5, 1998

Jan. 5, 1998

16

MOTION by Daniel Daniels for preliminary injunction and request for prompt hearing . (map) (Entered: 01/08/1998)

Jan. 8, 1998

Jan. 8, 1998

17

MEMORANDUM by Daniel Daniels in support of [16−1] motion for preliminary injunction, [16−2] motion for prompt hearing. (map) (Entered: 01/08/1998)

Jan. 8, 1998

Jan. 8, 1998

18

MOTION by School Board/Brevard to extend time to respond to plaintiffs' motion for class certification referred to Magistrate Judge David A. Baker. (map) (Entered: 01/08/1998)

Jan. 8, 1998

Jan. 8, 1998

19

RESPONSE by School Board/Brevard to [16−1] motion for preliminary injunction, [16−2] motion for prompt hearing. (map) (Entered: 01/08/1998)

Jan. 8, 1998

Jan. 8, 1998

20

ORDER granting [9−1] motion to extend time within which to respond to "Plaintiffs' dispositive motion to maintain case as class action; Response to motion reset to 1/15/98 for [3−1] motion to certify class action . ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (map) (Entered: 01/09/1998)

Jan. 9, 1998

Jan. 9, 1998

Motions no longer referred: [18−1] motion to extend time to respond to plaintiffs' motion for class certification. (map) (Entered: 01/12/1998)

Jan. 12, 1998

Jan. 12, 1998

21

ORDER granting [18−1] motion to extend time to respond to plaintiffs' motion for class certification: Response to motion reset to 3/30/98 for [3−1] motion to certify class action ; denying with leave to refile [16−1] motion for preliminary injunction and [16−2] motion for prompt hearing. ( Signed by Judge Anne C. Conway ) ctc (map) (Entered: 01/15/1998)

Jan. 15, 1998

Jan. 15, 1998

22

MOTION by School Board/Brevard with memorandum in support for reconsideration of [20−1] order Response to motion reset to 1/15/98 for [3−1] motion to certify class action referred to Magistrate Judge Karla R. Spaulding. (map) (Entered: 01/16/1998)

Jan. 15, 1998

Jan. 15, 1998

23

ORDER granting [22−1] motion for reconsideration of [20−1] order: plaintiff shall file response to [3−1] motion to certify class action the earlier fo March 30, 1998 or 20 days after the date on which the plaintiffs 97−1492−CIV−ORL−22A file a motion to maintain that case as a class action. ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (map) (Entered: 01/23/1998)

Jan. 22, 1998

Jan. 22, 1998

24

MOTION by Daniel Daniels with memorandum in support to postpone filing of case management report referred to Magistrate Judge Karla R. Spaulding. (map) (Entered: 02/20/1998)

Feb. 20, 1998

Feb. 20, 1998

ENDORSED ORDER denying [24−1] motion to postpone filing of case management report ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (lak) (Entered: 02/24/1998)

Feb. 24, 1998

Feb. 24, 1998

25

CASE MANAGEMENT REPORT. (lak) (Entered: 03/05/1998)

March 4, 1998

March 4, 1998

26

CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties, amending of pleadings on 12/31/98; Deadline for filing of motions 12/17/99; Discovery cutoff 9/1/99; Pretrial statement due on or before 12/17/99; Jury Trial set for 2/1/00 before Judge Anne C. Conway. ( signed by Judge Anne C. Conway ) ctc (map) (Entered: 03/12/1998)

March 12, 1998

March 12, 1998

28

RESPONSE by School Board/Brevard to [3−1] motion to certify class action. (map) (Entered: 03/17/1998)

March 17, 1998

March 17, 1998

29

ORDER granting [3−1] motion to certify class action; the class is certified as "All girls currently and directly participating in the varsity and junior varsity softball programs at the ten high schools operated by the School Board of Brevard County, and those girls who are expected to directly participate in such softball programs in the future." Granting [27−1] motion to consolidate cases 97−1463−CIV−ORL−22A and 97−1186−CIV−ORL−22A for all purposes, including trial with all future pleadins and papers being filed only in this case. ( Signed by Judge Anne C. Conway ctc (map) (Entered: 04/27/1998)

April 24, 1998

April 24, 1998

Consolidated Lead Case (map) (Entered: 04/27/1998)

April 24, 1998

April 24, 1998

30

MOTION by Daniel Daniels for reconsideration of partial denial of interim attorneys fees. Original order dated 4/22/98 is in case 97−1186−Civ−Orl−22. This case, 97−1463−Civ−Orl−22 is now the lead case in a consolidated class action suit. (lak) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

31

MEMORANDUM by Daniel Daniels in support of [30−1] motion for reconsideration of partial denial of interim attorneys fees. (lak) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

32

AFFIDAVIT of Lisa Kuhlman Tietig by Daniel Daniels Re: [31−1] support memorandum (lak) (Entered: 05/08/1998)

May 8, 1998

May 8, 1998

33

RESPONSE by School Board/Brevard to [30−1] motion for reconsideration of partial denial of interim attorneys fees. (hsh) (Entered: 05/13/1998)

May 12, 1998

May 12, 1998

34

MEMORANDUM of Law by School Board/Brevard in support of [33−1] motion response to Plaintiffs' motion for reconsideration of partial denial of interim attorney's fees (hsh) (Entered: 05/13/1998)

May 12, 1998

May 12, 1998

35

ORDER granting in part, denying in part [30−1] motion for reconsideration of partial denial of interim attorneys fees; plaintiffs' counsel are awarded the additional sum of $2,437.50 in interim attorneys' fees. ( Signed by Judge Anne C. Conway ) ctc (map) (Entered: 05/19/1998)

May 19, 1998

May 19, 1998

36

MOTION by School Board/Brevard to extend time within which to respond to Plaintiffs' First Set of Interrogatories . Referred to Magistrate Judge Karla R. Spaulding. Karla R. Spaulding (nrs) (Entered: 05/27/1998)

May 27, 1998

May 27, 1998

37

JOINT STIPULATION AND MOTION by School Board/Brevard to substitute attorney referred to Magistrate Judge Karla R. Spaulding. (map) (Entered: 06/03/1998)

June 2, 1998

June 2, 1998

ENDORSED ORDER granting [36−1] motion to extend time within which to respond to Plaintiffs' First Set of Interrogatories. ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (map) (Entered: 06/08/1998)

June 5, 1998

June 5, 1998

ENDORSED ORDER granting [37−1] motion to substitute attorney; terminated attorney Jeffrey Graham Slater for School Board/Brevard and added Michael M. Bell. ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (map) (Entered: 06/08/1998)

June 8, 1998

June 8, 1998

38

MOTION by Daniel Daniels for preliminary injunction and... (maa) (Entered: 06/25/1998)

June 25, 1998

June 25, 1998

38

... REQUEST for promt hearing by Daniel Daniels re: [38−1] motion for preliminary injunction. (maa) (Entered: 06/25/1998)

June 25, 1998

June 25, 1998

39

MEMORANDUM by Daniel Daniels in support of [38−1] motion for preliminary injunction. (maa) (Entered: 06/25/1998)

June 25, 1998

June 25, 1998

41

ORDER denying [40−1] defendant's motion to extend time for serving all papers and affidavits in support of a preliminary injunction from 5 days to 20 days. Plaintiffs shall file a proposed preliminary injunction by 07−31−98. Defendant shall file an opposition by 08−07−98. Plaintiffs shall have until 08−14−98 to file any further affidavits and other evidentiary materials in support. If necessary, the Court will schedule a hearing. (Signed by Judge Anne C. Conway 07−22−98) ctc (jrm) (Entered: 07/23/1998)

July 23, 1998

July 23, 1998

42

MOTION by Daniel Daniels with memorandum in support to compel answers to interrogatories referred to Magistrate Judge Karla R. Spaulding. (maa) (Entered: 07/27/1998)

July 27, 1998

July 27, 1998

43

MEMORANDUM by School Board/Brevard in opposition to [42−1] motion to compel answers to interrogatories. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

44

MEMORANDUM by School Board/Brevard in opposition to [38−1] motion for preliminary injunction. (photo exhibits filed separately) (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

45

AFFIDAVIT of William J. Dugan by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

46

AFFIDAVIT of Leslie P. Vann by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

47

AFFIDAVIT of Tom McIntyre by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

48

AFFIDAVIT of Robert L. Petty by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

49

AFFIDAVIT of Dino Colona by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

50

AFFIDAVIT of Charlie Shack by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

51

AFFIDAVIT of Ken Lunderman by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

52

AFFIDAVIT of Barbara Rodrigues by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

53

AFFIDAVIT of Donald L. Beggs by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

54

AFFIDAVIT of Don Shannon by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

55

AFFIDAVIT of Jeanne L. Andrews by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

56

AFFIDAVIT of Daniel Diesel by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

57

AFFIDAVIT of Ronald Philpot by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

58

AFFIDAVIT of Brian D. Eubanks by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

59

AFFIDAVIT of Ed Curry by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)

Aug. 7, 1998

Aug. 7, 1998

60

OBJECTION by Daniel Daniels to evidence supporting [44−1] opposition memorandum. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

62

AFFIDAVIT of Kristin Ainsworth by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

63

AFFIDAVIT of Nancy Childears by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

64

AFFIDAVIT of Patricia Flake by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

65

AFFIDAVIT of Michelle Fredrick by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

66

AFFIDAVIT of Delores A. Hartley by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) Modified on 08/14/1998 (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

67

AFFIDAVIT of Amy McQuown by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

68

AFFIDAVIT of Pauletta Sue Pangburn by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

69

AFFIDAVIT of Rebecca L. Rosenbaum by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

70

AFFIDAVIT of Rachel Rosenbaum by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

71

AFFIDAVIT of Sondra D. Skinner by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

72

AFFIDAVIT of Anne Marie Smith by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

73

AFFIDAVIT of Elicia Watson by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

74

AFFIDAVIT of Richard Wolfe by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

75

AFFIDAVIT of/by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)

Aug. 14, 1998

Aug. 14, 1998

76

MEMORANDUM by School Board/Brevard in opposition to [60−1] objection to evidence supporting [44−1] opposition memorandum (hsh) (Entered: 08/27/1998)

Aug. 25, 1998

Aug. 25, 1998

77

NOTICE of Hearing: Motion hearing set for 9:00 9/18/98 for [38−1] motion for preliminary injunction; Scheduled for Judge Anne C. Conway ctc (hsh) (Entered: 08/27/1998)

Aug. 27, 1998

Aug. 27, 1998

78

MOTION by School Board/Brevard to strike [61−1] notice of submission of evidence ; referred to Magistrate Judge Karla R. Spaulding (hsh) (Entered: 08/31/1998)

Aug. 28, 1998

Aug. 28, 1998

79

MOTION by School Board/Brevard to withdraw and substitute part of exhibit "N" submitted in support of defendant's memorandum of law in opposition to plaintiffs' application for preliminary injunction (hsh) (Entered: 08/31/1998)

Aug. 28, 1998

Aug. 28, 1998

80

MEMORANDUM by Daniel Daniels of law in opposition to [78−1] motion to strike [61−1] certain evidence submitted by plaintiffs (hsh) (Entered: 09/15/1998)

Sept. 14, 1998

Sept. 14, 1998

81

RESPONSE by Daniel Daniels to [79−1] motion to withdraw and substitute part of exhibit "N" submitted in support of defendant's memorandum of law in opposition to plaintiffs' application for preliminary injunction (hsh) (Entered: 09/15/1998)

Sept. 14, 1998

Sept. 14, 1998

82

MOTION by Daniel Daniels with memorandum in support to supplement evidence . (maa) (Entered: 09/17/1998)

Sept. 17, 1998

Sept. 17, 1998

84

MINUTE ENTRY: Status Conference held on 9/18/98 before Judge Karla R. Spaulding; Court requests list of physical problems, coaching, etc. on the 11 schools; Court requests parties to call chambers for time to meet on the week of 10/13/98; Court Reporter: Karen Harms (hsh) (Entered: 09/21/1998)

Sept. 18, 1998

Sept. 18, 1998

85

NOTICE of Hearing: set mediation conference at 9:00 for 10/16/98 ctc (hsh) (Entered: 09/22/1998)

Sept. 22, 1998

Sept. 22, 1998

86

ORDER denying [82−1] motion to supplement evidence, granting [79−1] motion to withdraw and substitute part of exhibit "N" submitted in support of defendant's memorandum of law in opposition to plaintiffs' application for preliminary injunction; denying [78−1] motion to strike [61−1] notice of submission of evidence; denying [38−1] application for preliminary injunction and request for prompt hearing; exhibit "N" and photographs attached to exhibit 2 are to be resubmitted in a binder small enough to fit in the Court file storage area maiintained by the clerk within 11 days ( Signed by Judge Anne C. Conway ) ctc (hsh) (Entered: 09/22/1998)

Sept. 22, 1998

Sept. 22, 1998

87

ORDER granting in part, denying in part [42−1] motion to compel answers to interrogatories; Interrogatory #10, 15 &17 are granted and Interrogatory # 16 is denied; it is further ordered the defendant shall provide responses to these interrogatories within 20 days from the date of this Order or upon such extension of that time as agreed to be counsel for the plaintiffs ( Signed by Magistrate Judge Karla R. Spaulding 9/29/98 ) ctc (hsh) (Entered: 09/30/1998)

Sept. 30, 1998

Sept. 30, 1998

88

MOTION by Daniel Daniels with memorandum in support for amendment of [86−1] order or for clarification of finding in the [86−1] order (hsh) (Entered: 10/06/1998)

Oct. 6, 1998

Oct. 6, 1998

89

ORDER denying [88−1] motion for amendment of [86−1] order, denying [88−2] motion for clarification of finding in the [86−1] order ( Signed by Judge Anne C. Conway ) ctc (hsh) (Entered: 10/13/1998)

Oct. 13, 1998

Oct. 13, 1998

Deadline updated: set jury trial for 2/1/00 before Judge Anne C. Conway (hsh) (Entered: 10/28/1998)

Oct. 28, 1998

Oct. 28, 1998

90

NOTICE of Hearing: set status conference at 2:30 p.m. on 11/24/98 before Magistrate Judge Karla R. Spaulding ctc (hsh) (Entered: 11/18/1998)

Nov. 18, 1998

Nov. 18, 1998

91

NOTICE OF TELEPHONIC SETTLEMENT CONFERENCE : set telephonic settlement conference at 2:00 p.m. on 1/21/99 before Magistrate Judge Karla R. Spaulding ctc (hsh) (Entered: 12/09/1998)

Dec. 9, 1998

Dec. 9, 1998

92

MINUTE ENTRY: Status Conference held on 2/5/99 before Magistrate Judge Karla R. Spaulding (tape number 99−10s−253−656) (hsh) (Entered: 02/09/1999)

Feb. 5, 1999

Feb. 5, 1999

93

UNOPPOSED MOTION by Daniel Daniels with memorandum in support to extend time through 9/1/99 to disclose expert witnesses ; referred to Magistrate Judge Karla R. Spaulding (hsh) (Entered: 04/29/1999)

April 28, 1999

April 28, 1999

Case Details

State / Territory: Florida

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Sept. 29, 1997

Closing Date: 2001

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Plaintiff parents, on behalf of their minor daughter students and all others similarly situated

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

School Board of Brevard County (Viera, Brevard), County

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

State law

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Preliminary injunction / Temp. restraining order

Source of Relief:

Settlement

Litigation

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $18,395.62

Order Duration: 2001 - 2001

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Goals (e.g., for hiring, admissions)

Issues

Discrimination-area:

Sports

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run