Case: Cook v. Florida High School Athletic Ass'n

3:09-cv-00547 | U.S. District Court for the Middle District of Florida

Filed Date: June 16, 2009

Closed Date: 2015

Clearinghouse coding complete

Case Summary

Parents of female student-athletes at Florida High School Athletic Association (FHSAA) member schools filed suit on June 16, 2009 in the United States District Court for the Middle District of Florida against the Athletic Association, alleging that the Association's "Policy 6" violated the students' rights under Title IX of the Education Amendment, the Equal Protection Clause of the Fourteenth Amendment and State law. Policy 6 reduced the athletic schedules of all high school sports except boys…

Parents of female student-athletes at Florida High School Athletic Association (FHSAA) member schools filed suit on June 16, 2009 in the United States District Court for the Middle District of Florida against the Athletic Association, alleging that the Association's "Policy 6" violated the students' rights under Title IX of the Education Amendment, the Equal Protection Clause of the Fourteenth Amendment and State law. Policy 6 reduced the athletic schedules of all high school sports except boys' football and competitive cheerleading. The plaintiffs sought a declaratory judgment that Policy 6 constituted illegal sex discrimination, a preliminary and permanent injunction to prevent the implementation of the new Policy 6 and any other scheduling cuts that would inequitably burden one sex over another, monetary damages, attorneys' fees and costs and any other remedies available at law.

The plaintiffs alleged that Policy 6, which reduced the number of competitions that a school can schedule by 20% while excluding boys' football, discriminated against female athletic teams by inequitably reducing the scheduling of games and practice times in contravention to federal and state law. Although Policy 6 also excluded cheerleading, cheerleading was not recognized as a sport for purposes of Title IX in the state of Florida. The plaintiffs claimed that even if cheerleading were included, Policy 6 exempted nine times as many boys as girls from the scheduling requirement.

The parties reached a settlement Agreement on October 7, 2009, in which FHSAA agreed not to make any changes to Policy 6 that treats one gender differently than the other. The Association agreed to evaluate the effects on each gender before implementing any changes, and to give two weeks-advanced notice before implementing any changes to the policy. The Association also agreed to provide training to all attendees of the Association's Assemblies and Seminars regarding the Association's obligations under Title IX and other applicable gender equity laws. The settlement was in effect until 2015. The case is now closed.

Summary Authors

Carlyn Williams (3/17/2014)

People


Judge(s)

Corrigan, Timothy J. (Florida)

Snyder, Howard T. (Florida)

Attorneys(s) for Plaintiff

Baron, David F. (Florida)

Goller, Leslie A. (Florida)

Hogan, Wayne (Florida)

Hogshead, Nancy (Florida)

Attorneys(s) for Defendant

Alexander, Mark G. (Florida)

Barnett, Michelle Bedoya (Florida)

Ireland, Leonard E. (Florida)

Swiger, Lindsay Dennis (Florida)

Judge(s)

Corrigan, Timothy J. (Florida)

Snyder, Howard T. (Florida)

Attorneys(s) for Plaintiff

Baron, David F. (Florida)

Goller, Leslie A. (Florida)

Hogan, Wayne (Florida)

Hogshead, Nancy (Florida)

Attorneys(s) for Defendant

Alexander, Mark G. (Florida)

Barnett, Michelle Bedoya (Florida)

Ireland, Leonard E. (Florida)

Swiger, Lindsay Dennis (Florida)

Other Attorney(s)

Goldschmidt, Iris (District of Columbia)

King, Loretta (District of Columbia)

McCarthy, Emily H. (District of Columbia)

Documents in the Clearinghouse

Document

Docket [Pacer]

Oct. 21, 2009 Docket
1

Complaint; Injunctive Relief Sought; And Demand for Jury Trial

Cook v. Florida High School Athletic Association

June 16, 2009 Complaint
28-2

Amicus Brief

July 14, 2009 Pleading / Motion / Brief
42

Order

Cook v. Florida High School Athletic Association

July 16, 2009 Order/Opinion

Settlement Agreement

Oct. 14, 2009 Settlement Agreement
47

Order

Cook v. Florida High School Athletic Association

Oct. 21, 2009 Order/Opinion

Docket

Last updated May 12, 2022, 8 p.m.

ECF Number Description Date Link
1

Complaint: Injunctive Relief Sought against Florida High School Athletic Association with Jury Demand (Filing fee $ 350 receipt number J032630) filed by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Attachments: # 1 Exhibit Administrative Guidelines)(PAM) (Entered: 06/16/2009)

June 16, 2009
2

AMENDED STANDING ORDER: Filing of documents that exceed twenty−five pages. Signed by All Divisional Judges on 5/25/2005. (PAM) (Entered: 06/17/2009)

June 17, 2009
3

ENDORSED ORDER OF RECUSAL. The Clerk is directed to reassign this case. Senior Judge Howell W. Melton recused. Signed by Senior Judge Howell W.

June 17, 2009
5

NOTICE by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson re 1 Complaint of Representation of Plaintiffs (Hogan, Wayne) Modified on 6/17/2009 (PAM). (Counsel notified to place the case number on all future pleadings) (Entered: 06/17/2009)

June 17, 2009
6

MOTION for temporary restraining order (on notice) by all plaintiffs. (Hogan, Wayne) (Entered: 06/19/2009)

June 19, 2009
7

MEMORANDUM in support re 6 Motion for temporary restraining order filed by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) (Entered: 06/19/2009)

June 19, 2009
8

AFFIDAVIT of Silvana Cook re: 7 Memorandum in support, 6 MOTION for temporary restraining order (on notice) by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) (Entered: 06/19/2009)

June 19, 2009
9

AFFIDAVIT of Ernestine Brewer re: 8 Affidavit, 7 Memorandum in support, 6 MOTION for temporary restraining order (on notice) by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) (Entered: 06/19/2009)

June 19, 2009
10

AFFIDAVIT of Omar Pasolodos re: 8 Affidavit, 9 Affidavit, 7 Memorandum in support, 6 MOTION for temporary restraining order (on notice) by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) (Entered: 06/19/2009)

June 19, 2009
11

MOTION for miscellaneous relief, specifically Waiver of Security by all plaintiffs. (Hogan, Wayne) (Entered: 06/19/2009)

June 19, 2009
12

AFFIDAVIT of Leslie A.Goller re: 11 MOTION for miscellaneous relief, specifically Waiver of Security by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) (Entered: 06/19/2009)

June 19, 2009
13

MOTION for preliminary injunction by all plaintiffs. (Attachments: # 1 Text of Proposed Order (Proposed) Preliminary Injunction)(Hogan, Wayne) (Entered: 06/19/2009)

June 19, 2009
14

MEMORANDUM in support re 13 Motion for preliminary injunction, 8 Affidavit, 9 Affidavit, 10 Affidavit filed by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) (Entered: 06/19/2009)

June 19, 2009
15

NOTICE of Appearance by Mark G. Alexander on behalf of Florida High School Athletic Association (Alexander, Mark) (Entered: 06/22/2009)

June 22, 2009
16

NOTICE of Hearing: Telephone Scheduling Hearing set for 6/23/2009 at 3:00 PM in Courtroom 10 D before Judge Timothy J. Corrigan. Counsel for plaintiff shall initiate the telephone conference. (MD) (Entered: 06/22/2009)

June 22, 2009
17

Minute Entry. Status/Scheduling Conference held before Judge Timothy J. Corrigan: conference held on 6/23/2009. Court Reporter: Shannon Bishop (SRW) (Entered: 06/24/2009)

June 24, 2009
18

ORDER finding as moot 6 Motion for temporary restraining order; setting 12 Motion for preliminary injunction for evidentiary hearing on 7/17/09 at 9:30 a.m. (Courtroom 10D); defendant's responsive papers due 7/8/09; plaintiff's optional reply papers due 7/14/09. Signed by Judge Timothy J. Corrigan on 6/24/2009.(SRW) (Entered: 06/24/2009)

June 24, 2009
19

NOTICE of Co−Counsel Appearance by Leonard E. Ireland, Jr on behalf of Florida High School Athletic Association (Ireland, Leonard) Modified on 6/26/2009 (PAM). (Notified counsel to re−file: No signature and to use entire case number on future pleadings) (Entered: 06/26/2009)

June 26, 2009
20

NOTICE of Amended Notice as Co−Counsel Appearance by Leonard E. Ireland, Jr on behalf of Florida High School Athletic Association (Ireland, Leonard) (Entered: 06/29/2009)

June 29, 2009
21

NOTICE of designation under Local Rule 3.05 − track 2. Signed by Deputy Clerk on 6/29/2009. (Attachments: # 1 Consent to US Magistrate Judge letter)(MD) (Entered: 06/29/2009)

June 29, 2009
22

MOTION to dismiss Complaint and Memorandum of Law by Florida High School Athletic Association. (Alexander, Mark) Modified on 7/2/2009 (PAM). (Counsel notified to use correct case number on future pleadings) (Entered: 07/01/2009)

July 1, 2009
23

REQUEST for oral argument re 22 MOTION to dismiss Complaint and Memorandum of Law by Florida High School Athletic Association. (Alexander, Mark) Modified on 7/2/2009 (PAM). (Counsel notified to use correct case number on future pleadings) (Entered: 07/01/2009)

July 1, 2009
24

RESPONSE in opposition re 13 MOTION for preliminary injunction filed by Florida High School Athletic Association. (Alexander, Mark) (Entered: 07/08/2009)

July 8, 2009
25

DECLARATION of Sonny Hester by Florida High School Athletic Association. (Alexander, Mark) (Entered: 07/08/2009)

July 8, 2009
26

NOTICE of supplemental authority by Florida High School Athletic Association (Attachments: # 1 Exhibit A Scheduling of Games and Practice Time)(Alexander, Mark) (Entered: 07/14/2009)

July 14, 2009
27

WITNESS LIST by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) (Entered: 07/14/2009)

July 14, 2009
28

MOTION to file amicus brief, MOTION for leave to file excess pages by UNITED STATES OF AMERICA. (Attachments: # 1 Exhibit Proposed United States Amicus Brief)(McCarthy, Emily) (Entered: 07/14/2009)

July 14, 2009
29

REPLY to response to motion re 13 MOTION for preliminary injunction filed by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) Modified on 7/15/2009 (PAM).(Counsel notified to use entire case number on future pleadings) (Entered: 07/14/2009)

July 14, 2009
30

AFFIDAVIT of Cindy Boulware re: 29 Reply to response to motion by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) Modified on 7/15/2009 (PAM).(Counsel notified to use entire case number on future pleadings) (Entered: 07/15/2009)

July 14, 2009
31

AFFIDAVIT of Jeffrey Malloy re: 29 Reply to response to motion by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) Modified on 7/15/2009 (PAM).(Counsel notified to use entire case number on future pleadings) (Entered: 07/15/2009)

July 15, 2009
32

AFFIDAVIT of Joy Becker re: 29 Reply to response to motion by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) Modified on 7/15/2009 (PAM).(Counsel notified to use entire case number on future pleadings) (Entered: 07/15/2009)

July 15, 2009
33

AFFIDAVIT of Sandra L. Vivas re: 29 Reply to response to motion by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) Modified on 7/15/2009 (PAM).(Counsel notified to use entire case number on future pleadings) (Entered: 07/15/2009)

July 15, 2009
34

AFFIDAVIT of Maureen R. Weiss, Ph.D. re: 29 Reply to response to motion by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) Modified on 7/15/2009 (PAM).(Counsel notified to use entire case number on future pleadings) (Entered: 07/15/2009)

July 15, 2009
36

EXHIBIT LIST E−G by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson.. (Hogan, Wayne) (Entered: 07/15/2009)

July 15, 2009
37

EXHIBIT LIST H−N by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson.. (Hogan, Wayne) (Entered: 07/15/2009)

July 15, 2009
38

EXHIBIT LIST O by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson.. (Hogan, Wayne) (Entered: 07/15/2009)

July 15, 2009
39

ENDORSED ORDER granting 28 Motion for leave to participate as amicus curiae: United States' extended page amicus brief to remain of record and counsel will be permitted to appear and be heard at the 7/17/09 hearing. Signed by Judge Timothy J. Corrigan on 7/15/2009.(SRW) (Entered: 07/15/2009)

July 15, 2009
40

NOTICE of Telephone Hearing: Telephone Status Conference set for 7/16/2009 at 9:30 AM in Jacksonville Courtroom 10 D before Judge Timothy J. Corrigan (Court to initiate the call). (SRW) (Entered: 07/16/2009)

July 16, 2009
41

Minute Entry. Telephone status conference held before Judge Timothy J. Corrigan on 7/16/2009. Court Reporter: L. Marie Splane (SRW) (Entered: 07/16/2009)

July 16, 2009
42

ORDER finding as moot 13 Motion for preliminary injunction; cancelling 7/17/09 hearing; setting filing deadlines: 7/31/09, 8/21/09, 9/4/09. Signed by Judge Timothy J. Corrigan on 7/16/2009.(SRW) (Entered: 07/16/2009)

July 16, 2009
43

NOTICE by Florida High School Athletic Association re 42 Order on Motion for Miscellaneous ReliefOrder on motion for preliminary injunction (Attachments: # 1 Exhibit A − Minutes from Board Meeting)(Alexander, Mark) (Entered: 07/16/2009)

July 16, 2009
44

MOTION for miscellaneous relief, specifically Enlargement of Schedule by Florida High School Athletic Association. (Alexander, Mark) (Entered: 07/30/2009)

July 30, 2009
45

ENDORSED ORDER granting 44 Motion for enlargement of schedule; the following schedule shall govern these proceedings: Plaintiffs shall file either a response to defendant's motion to dismiss or an amended complaint by 10/13/2009; defendant's response to the amended complaint (if filed) is due 11/2/2009; plaintiffs' and amicus' response to a motion to dismiss that amended complaint (if filed) is due 11/16/2009. Signed by Judge Timothy J. Corrigan on 7/31/2009. (JCD) (Entered: 07/31/2009)

July 31, 2009
46

Agreed MOTION for Dismissal and for Court to Retain Jurisdiction by all plaintiffs. (Hogan, Wayne) Modified text on 10/20/2009 (DH). (Entered: 10/19/2009)

Oct. 19, 2009
47

ORDER granting 46 the parties Agreed Motion for Dismissal and for Court to Retain Jurisdiction. The case is dimissed without prejudice. Court to retain jurisdiction until 12/31/10 to enforce the terms and conditions of the Settlement Agreement. The Clerk shall close the file. Signed by Judge Timothy J. Corrigan on 10/21/2009. (MD) (Entered: 10/21/2009)

Oct. 21, 2009

State / Territory: Florida

Case Type(s):

Education

Key Dates

Filing Date: June 16, 2009

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Parents of female participants in interscholastic athletics at Florida High School Athletic Association member schools.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: Unknown

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida High School Athletic Association, State

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: $41,200

Order Duration: 2009 - 2015

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Issues

General:

Classification / placement

Discrimination-basis:

Sex discrimination

Affected Gender:

Female

Type of Facility:

Government-run

Non-government for profit