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

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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' 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)

Attorney for Plaintiff

Baron, David F. (Florida)

Attorney for Defendant

Alexander, Mark G. (Florida)

Barnett, Michelle Bedoya (Florida)

Expert/Monitor/Master/Other

Goldschmidt, Iris (District of Columbia)

Judge(s)

Corrigan, Timothy J. (Florida)

Snyder, Howard T. (Florida)

Attorney for Plaintiff

Baron, David F. (Florida)

Goller, Leslie A. (Florida)

Hogan, Wayne (Florida)

Hogshead, Nancy (Florida)

Attorney for Defendant

Alexander, Mark G. (Florida)

Barnett, Michelle Bedoya (Florida)

Ireland, Leonard E. (Florida)

Swiger, Lindsay Dennis (Florida)

Other

Goldschmidt, Iris (District of Columbia)

King, Loretta (District of Columbia)

McCarthy, Emily H. (District of Columbia)

Documents in the Clearinghouse

Documents in this case

3:09-cv-00547	Docket [Pacer]	Oct. 21, 2009	Oct. 21, 2009 Docket
1 3:09-cv-00547	Complaint; Injunctive Relief Sought; And Demand for Jury Trial Cook v. Florida High School Athletic Association	June 16, 2009	June 16, 2009 Complaint
28-2 3:09-cv-00547	Amicus Brief	July 14, 2009	July 14, 2009 Pleading / Motion / Brief
42 3:09-cv-00547	Order Cook v. Florida High School Athletic Association	July 16, 2009	July 16, 2009 Order/Opinion
3:09-cv-00547	Settlement Agreement	Oct. 14, 2009	Oct. 14, 2009 Settlement Agreement
47 3:09-cv-00547	Order Cook v. Florida High School Athletic Association	Oct. 21, 2009	Oct. 21, 2009 Order/Opinion

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Docket

Last updated March 23, 2025, 9:18 a.m.

ECF Number	Date	Description	Link
1	June 16, 2009	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)	PACER
2	June 17, 2009	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)	PACER
3	June 17, 2009	ENDORSED ORDER OF RECUSAL. The Clerk is directed to reassign this case. Senior Judge Howell W. Melton recused. Signed by Senior Judge Howell W.	PACER
5	June 17, 2009	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)	PACER
6	June 19, 2009	MOTION for temporary restraining order (on notice) by all plaintiffs. (Hogan, Wayne) (Entered: 06/19/2009)	PACER
7	June 19, 2009	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)	PACER
8	June 19, 2009	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)	PACER
9	June 19, 2009	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)	PACER
10	June 19, 2009	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)	PACER
11	June 19, 2009	MOTION for miscellaneous relief, specifically Waiver of Security by all plaintiffs. (Hogan, Wayne) (Entered: 06/19/2009)	PACER
12	June 19, 2009	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)	PACER
13	June 19, 2009	MOTION for preliminary injunction by all plaintiffs. (Attachments: # 1 Text of Proposed Order (Proposed) Preliminary Injunction)(Hogan, Wayne) (Entered: 06/19/2009)	PACER
14	June 19, 2009	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)	PACER
15	June 22, 2009	NOTICE of Appearance by Mark G. Alexander on behalf of Florida High School Athletic Association (Alexander, Mark) (Entered: 06/22/2009)	PACER
16	June 22, 2009	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)	PACER
17	June 24, 2009	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)	PACER
18	June 24, 2009	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)	PACER
19	June 26, 2009	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)	PACER
20	June 29, 2009	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)	PACER
21	June 29, 2009	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)	PACER
22	July 1, 2009	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)	PACER
23	July 1, 2009	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)	PACER
24	July 8, 2009	RESPONSE in opposition re 13 MOTION for preliminary injunction filed by Florida High School Athletic Association. (Alexander, Mark) (Entered: 07/08/2009)	PACER
25	July 8, 2009	DECLARATION of Sonny Hester by Florida High School Athletic Association. (Alexander, Mark) (Entered: 07/08/2009)	PACER
26	July 14, 2009	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)	PACER
27	July 14, 2009	WITNESS LIST by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson. (Hogan, Wayne) (Entered: 07/14/2009)	PACER
28	July 14, 2009	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)	PACER
29	July 14, 2009	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)	PACER
30	July 14, 2009	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)	PACER
31	July 15, 2009	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)	PACER
32	July 15, 2009	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)	PACER
33	July 15, 2009	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)	PACER
34	July 15, 2009	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)	PACER
36	July 15, 2009	EXHIBIT LIST E−G by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson.. (Hogan, Wayne) (Entered: 07/15/2009)	PACER
37	July 15, 2009	EXHIBIT LIST H−N by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson.. (Hogan, Wayne) (Entered: 07/15/2009)	PACER
38	July 15, 2009	EXHIBIT LIST O by Ernestine Brewer, Scott Pirie, Silvana Cook, Gretchen Goodlet, Omar Pasolodos, Shari Robinson.. (Hogan, Wayne) (Entered: 07/15/2009)	PACER
39	July 15, 2009	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)	PACER
40	July 16, 2009	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)	PACER
41	July 16, 2009	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)	PACER
42	July 16, 2009	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)	PACER
43	July 16, 2009	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)	PACER
44	July 30, 2009	MOTION for miscellaneous relief, specifically Enlargement of Schedule by Florida High School Athletic Association. (Alexander, Mark) (Entered: 07/30/2009)	PACER
45	July 31, 2009	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)	PACER
46	Oct. 19, 2009	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)	PACER
47	Oct. 21, 2009	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)	PACER

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Case Details

State / Territory:

Florida

Case Type(s):

Education

Special Collection(s):

Multi-LexSum (in sample)

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

State

Florida High School Athletic Association

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Non-government for-profit

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

Other Dockets:

Middle District of Florida 3:09-cv-00547

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Attorneys fees

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Amount Defendant Pays: $41,200

Order Duration: 2009 - 2015

Issues

General/Misc.:

Classification / placement

Discrimination Area:

Sports

Discrimination Basis:

Sex discrimination

Affected Sex/Gender(s):

Female

Recommended Citation

Case Summary of Cook v. Florida High School Athletic Ass'n, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/13609/ (last updated 3/17/2014).