Case: U.S. v. Baker County School District

U.S. v Baker County School District

United States of America v. St. Johns County School District

U.S. Court of Appeals for the Eleventh Circuit

U.S. v Baker County School District

CASE CLOSED. (spw)

SEE MANUAL DOCKET for all entries prior to 12/24/03. The manual docket was un-numbered; therefore documents entered on the automated docket begin with document #1. (spw)

MOTION by Believer's School to open a Charter School on 1/6/04 in Bradford County School District (STRICKEN per Order #2) (spw) Modified on 12/30/2003 (Entered: 12/24/2003)

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Thomas E. Morris (spw)

ORDER striking [1-1] motion to open a Charter School on 1/6/04 in Bradford County School District; should the Charter School continue to seek relief in this Court, it must be represented by counsel, and should file a complaint and pay the filing fees (Signed by Judge Henry L. Adams Jr. ) ctc (spw) (Entered: 12/30/2003)

NOTICE of filing the civil rights report for 2003-2004 by Bradford Co Sch Dist (attachments filed separately) (mfk) (Entered: 02/14/2004)

NOTICE of filing STATUS REPORT by St. Johns Sch. Dist. (attachments filed separately) (mfk) (Entered: 02/14/2004)

FRC record data: accession # 021030204; agency box # 1 of 168 status reports; location # E0310674; temporary record. (dmt)

FRC record data: accession # 021030204; agency box # 2 of 168 status rept. 3/2-10/2; location # E0310674; temporary record. (dmt)

APPLICANT'S MOTION to intervene as Defendant Under Rule 24 with Memorandum by Believer's School of Learning, Inc. (MFK) (Entered: 07/14/2004)

ORDER directing parties to respond to Motion to Intervene as Defendant under Rule 24 5. Response due 8/13/04. Signed by Judge Henry Lee Adams Jr. on 8/6/2004. (MO) (Entered: 08/06/2004)

Set deadline as to 5 MOTION to intervene. Responses due by 8/13/2004 (MFK)

RESPONSE to motion re 1 Motion for miscellaneous relief filed by Bradford County School District. (MFK) (Entered: 08/10/2004)

RESPONSE to motion re 5 MOTION to intervene filed by Bradford County School District. (MFK) (Entered: 08/10/2004)

RESPONSE to motion re 5 MOTION to intervene, 1 Motion for miscellaneous relief filed by USA. (MFK) (Entered: 08/10/2004)

MOTION with memorandum to open and operate a new charter school in Bradford County School District by Believer's School of Learning, Inc. (MFK) (Entered: 08/11/2004)

ORDER granting 5 Motion to intervene, granting 10 Motion to open and operate a new charter school in Bradford County School District. Signed by Judge Henry Lee Adams Jr. on 8/11/2004. (MO) (Entered: 08/11/2004)

NOTICE of filing reports by St. Johns County School District (Reports filed separately - not scanned) (DTS) (Entered: 02/10/2006)

First MOTION to substitute attorney for Bradford County School District by Bradford County School District. (Rosier, Phyllis) (Entered: 03/28/2006)

ENDORSED ORDER granting 13 Motion to substitute attorney. . Signed by Judge Thomas E. Morris on 3/28/2006. (WB, ) (Entered: 03/29/2006)

NOTICE of filing student report for March 2006 by St. Johns County School District (DTS) (Entered: 04/24/2006)

NOTICE of filing reports by St. Johns County School District. October 2006 Reports filed separately. (MK) (Entered: 11/08/2006)

NOTICE of Filing Reports (filed separately) by St. Johns County School District (Two volumes, four books)(JLM, ) (Entered: 06/25/2007)

NOTICE of Filing Reports by St. Johns County School District (Attachments: # 1 Exhibit)(JLM) (Entered: 11/28/2007)

NOTICE of Filing Report (5 volumes) by St. Johns County School District. Report filed separately. (MK) (Entered: 04/23/2008)

NOTICE of filing bi-annual student report for period ending 9/30/08 (7 volumes) by St. Johns County School District. (filed separately) (MK) Modified on 10/23/2008 to edit text (MK). (Entered: 10/23/2008)

NOTICE of Submission of Proposed Agreed Order of Dismissal by USA, Baker County School District. (MHH) (Entered: 02/24/2009)

ORDER dissolving all prior injunctions, terminating jurisdiction and dismissing case with prejudice. Signed by Judge Henry Lee Adams, Jr. on 2/24/2009. (MO) (Entered: 02/24/2009)

NOTICE of filing report (7 volumes) by St. Johns County School District. (Report not scanned, filed separately) (MK) (Entered: 03/25/2009)

NOTICE of filing reports by St. Johns County School District. (Reports not scanned and filed separately) (MK) (Entered: 10/16/2009)

NOTICE of filing bi-annual student reports by St. Johns County School District (8 vol. reports filed separately) (MK) Modified on 3/23/2010 to edit text (MK). (Entered: 03/23/2010)

NOTICE of filing bi-annual reports by St. Johns County School District (7 vol. reports filed separately) (MK) (Entered: 11/16/2010)

NOTICE of filing bi-annual student report by St. Johns County School District (10 Volumes filed separately). (DTS) (Entered: 03/23/2011)

NOTICE of filing bi-annual student report by St. Johns County School District (7 Volumes filed separately) (TL) (Entered: 10/07/2011)

NOTICE of filing bi-annual student report by St. Johns County School District (7 Volumes filed separately) (RH) (Entered: 03/20/2012)

NOTICE of filing bi-annual student report by St. Johns County School District. (6 Volumes, filed separately) (AET) (Entered: 10/18/2012)

NOTICE of filing bi-annual student report by St. Johns County School District (7 Volumes filed separately). (HG) (Entered: 03/06/2013)

NOTICE of filing bi-annual student report by St. Johns County School District. (7 Volumes filed separately) (AET) (Entered: 10/03/2013)

NOTICE of filing bi-annual student report by St. Johns County School District (7 Volumes filed separately). (HC) (Entered: 03/05/2014)

NOTICE of filing bi-annual student report by St. Johns County School District (5 Volumes filed separately). (RH) (Entered: 10/02/2014)

NOTICE of filing bi-annual student report by St. Johns County School District (NAS) Modified on 2/27/2015- 7 volumes filed separately (NAS). (Entered: 02/27/2015)

Unopposed MOTION to Approve Consent Judgment Motion for Approval of Stipulation Regarding The District's Reporting Requirements by St. Johns County School District. (Upchurch, Frank) Modified on 10/2/2015 contacted counsel regarding correct case number(TSW). (Entered: 10/01/2015)

ORDER granting 36 St. Johns County School District's Motion for Approval of Stipulation. Signed by Senior Judge Henry Lee Adams, Jr. on 10/6/2015. (MO) (Entered: 10/06/2015)

CASE MANAGEMENT REPORT. (Upchurch, Frank) (Entered: 01/27/2016)

Joint MOTION for miscellaneous relief, specifically Joint Motion for Declaration of Partial Unitary Status and for Approval of Stipulation Regarding Faculty and Staff Recruiting by St. Johns County School District. (Attachments: # 1 Exhibit 1-Stipulation, # 2 Exhibit A-10 yr Demographic, # 3 Exhibit B-SB Rule 5.03, # 4 Exhibit C-Attendance Zone Maps, # 5 Exhibit D-Site Selection Process, # 6 Exhibit E-Construction/Opening Dates, # 7 Exhibit F-Population Growth, # 8 Exhibit G-Construction/Improvement History, # 9 Exhibit H-Equity & Overcrowding Data, # 10 Exhibit I-Capacity, Enrollment in Relocatables, # 11 Exhibit J-SB Rule 8.13, # 12 Exhibit K-Personnel, # 13 Exhibit L-Recruitment Committee)(Upchurch, Frank) (Entered: 04/26/2016)

ORDER Setting Hearing on 39 Motion for Declaration of Partial Unitary Status and for Approval of Stipulation Regarding Faculty and Staff Recruiting: Motion Hearing set for 7/12/2016 at 2:00 PM in Courtroom 10A before Senior Judge Henry Lee Adams, Jr. Signed by Senior Judge Henry Lee Adams, Jr. on 5/4/2016. (MO) (Entered: 05/04/2016)

NOTICE of Appearance by Christopher Awad on behalf of USA (Awad, Christopher) (Entered: 06/01/2016)

Unopposed MOTION for John W. Borkowski to appear pro hac vice by St. Johns County School District. (Upchurch, Frank) (Entered: 06/13/2016)

Joint MOTION for Hearing Telephonic Status Conference by St. Johns County School District. (Upchurch, Frank) (Entered: 06/15/2016)

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney John Borkowski, appearing on behalf of St. Johns County School District (Filing fee $150 receipt number JAX020635.) Related document: 42 Unopposed MOTION for John W. Borkowski to appear pro hac vice. (DLC)

Pro Hac Vice Fees paid

ORDER denying 43 Motion for Telephonic Status Conference, and canceling hearing scheduled for 7/12/2016. Signed by Senior Judge Henry Lee Adams, Jr. on 6/29/2016. (MO) (Entered: 06/29/2016)

Case Reassigned to Magistrate Judge Patricia D. Barksdale. New case number: 3:70-cv-636-J-25PDB. (TSW) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 06/29/2016)

Case Assigned/Reassigned

ORDER granting 42 St. Johns County School District's unopposed motion to allow John Borkowski, Esquire, to specially appear to represent it in this case, permitting him to specially appear to represent it, and directing him to expeditiously register with the Court's ECF system. Signed by Magistrate Judge Patricia D. Barksdale on 7/1/2016. (LG) (Entered: 07/01/2016)

ORDER directing the parties to submit a proposed order re 39 Motion pursuant to the Middle District of Florida's Administrative Procedures for Electronic Filing. Signed by Senior Judge Henry Lee Adams, Jr. on 9/21/2016. (MO) (Entered: 09/21/2016)

PROPOSED CONSENT JUDGMENT by St. Johns County School District. (Upchurch, Frank) (Entered: 10/04/2016)

ORDER granting 39 Motion for miscellaneous relief, specifically Joint Motion for Declaration of Partial Unitary Status and for Approval of Stipulation Regarding Faculty and Staff Recruiting by St. Johns County School District. The District is declared partially unitary with respect to student assignment, including student transfers, facilities, transportation and extracurricular activities; The Stipulation (ex.1 to Dkt. 39) is Approved; all prior Orders in this case are no longer in effect.. Signed by Senior Judge Henry Lee Adams, Jr on 10/26/2016. (TSW) (Entered: 10/27/2016)

Mail returned as Undeliverable re: 49 Order on Motion for Miscellaneous Relief. Mail unable to forward to Believer's School of Learning, Inc. c/o Rellen H. Clark. (TSW)

Mail Returned

STATUS report by St. Johns County School District. (Upchurch, Frank) Modified on 4/25/2017 contacted counsel in regards to using the full case number on all pleadings(TSW). (Entered: 04/24/2017)

STATUS report by St. Johns County School District. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Upchurch, Frank) (Entered: 12/07/2017)

STATUS report by St. Johns County School District. (Upchurch, Frank) (Entered: 02/28/2019)

Joint MOTION for Declaratory Judgment of Unitary Status by St. Johns County School District. (Upchurch, Frank) Modified on 10/25/2019 contacted counsel in regards to using the correct and complete case number on all pleadings(TSW). (Entered: 10/24/2019)

PROPOSED CONSENT JUDGMENT Order on Joint Motion for Declaration of Unitary Status by St. Johns County School District. (Upchurch, Frank) Modified on 10/25/2019 contacted counsel in regards to using the correct and complete case number on all pleadings(TSW). (Entered: 10/24/2019)

ORDER Setting Hearing re 53 Joint Motion for Declaration of Unitary Status; Hearing set for 3/10/2020 at 10:30 AM in Jacksonville Courtroom 10 A before Senior Judge Henry Lee Adams, Jr. Signed by Senior Judge Henry Lee Adams, Jr on 2/11/2020. (MO) (Entered: 02/11/2020)

Joint MOTION for Telephonic Status Conference by USA (Awad, Christopher). Modified on 2/25/2020 (JSG). (Entered: 02/24/2020)

ORDER granting 56 Motion for Telephonic Status Conference; canceling the hearing on the motion for declaration of unitary status; instead, the Court will hold a telephonic status conference on 3/10/2020 at 10:30 a.m. (See Order for details.) Signed by Senior Judge Henry Lee Adams, Jr. on 3/3/2020. (MO) (Entered: 03/03/2020)

Minute Entry. Proceedings held before Senior Judge Henry Lee Adams, Jr: TELEPHONIC STATUS CONFERENCE held on 3/10/2020. Court Reporter: Shelli Kozachenko (MGG) (Entered: 03/10/2020)

ORDER setting hearing on 53 Joint Motion for Declaratory Judgment of Unitary Status for 5/19/2020 at 10:00 a.m. Each party shall file a memorandum of legal authority supporting its position by 5/13/2020. Signed by Senior Judge Henry Lee Adams, Jr. on 3/10/2020. (MO) (Entered: 03/10/2020)

NOTICE OF RESCHEDULING HEARING: The hearing on 53 Joint Motion for Declaratory Judgment of Unitary Status previously scheduled for 5/19/2020 is rescheduled. New scheduling date and time: Motion Hearing set for 6/30/2020 at 10:00 AM in Jacksonville Courtroom 10 A before Senior Judge Henry Lee Adams, Jr.(MO) (Entered: 04/27/2020)

Notice of rescheduling hearing

MOTION to Continue by St. Johns County School District. (Attachments: # 1 Text of Proposed Order)(Upchurch, Frank) (Entered: 04/30/2020)

ORDER granting 61 Motion for Continuance; the hearing on 53 Motion for Declaratory Judgment of Unitary Status is rescheduled for 7/14/2020 at 10:00 a.m., in Courtroom 10A. The memorandum of legal authority is due by 7/7/2020. Signed by Senior Judge Henry Lee Adams, Jr. on 5/1/2020. (MO) (Entered: 05/01/2020)

ORDER AND NOTICE CONVERTING HEARING set for 7/14/2020 at 10:00 AM to Zoom Video Conference Hearing re 53 Joint MOTION for Declaratory Judgment of Unitary Status; The memorandum of legal authority remains due by 7/7/2020; "Notice of Filing" to utilize during the hearing due by 7/7/2020; SEE ORDER FOR FURTHER DETAILS AND INSTRUCTIONS. Signed by Senior Judge Henry Lee Adams, Jr on 6/17/2020. (MGG) (Entered: 06/17/2020)

Unopposed MOTION for Hearing Telephonic Status Conference by St. Johns County School District. (Upchurch, Frank) (Entered: 07/01/2020)

ORDER denying 64 Motion for Telephonic Status Conference. The parties shall have until 7/10/2020, to notify the Court whether the Zoom Video Conference Hearing should be taken off the Court's calendar. (See Order for details). Signed by Senior Judge Henry Lee Adams, Jr. on 7/2/2020. (MO) (Entered: 07/02/2020)

MEMORANDUM in support re 53 Motion for Declaratory Judgment of Unitary Status filed by St. Johns County School District. (Upchurch, Frank) (Entered: 07/07/2020)

NOTICE by St. Johns County School District re 66 Memorandum in support Notice of Filing (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9)(Upchurch, Frank) (Entered: 07/07/2020)

MEMORANDUM in support re 53 Motion for Declaratory Judgment filed by USA. (Attachments: # 1 Exhibit 1 - Employment Data, # 2 Exhibit 2 - 2018/19 Recruitment Visits, # 3 Exhibit 3 - 2019-20 Recruitment Visits, # 4 Exhibit 4 - Census QuickFacts Data, # 5 Exhibit 5 - 2018 Median Household Income Data)(Awad, Christopher) (Entered: 07/07/2020)

NOTICE by USA re 68 Memorandum in support (Attachments: # 1 Exhibit Employment Data, # 2 Exhibit 2018/19 Recruitment Data, # 3 Exhibit 2019/20 Recruitment Data, # 4 Exhibit Census QuickFacts Data, # 5 Exhibit 2018 Median Household Income Data)(Awad, Christopher) (Entered: 07/07/2020)

NOTICE of Appearance by Peter W. Beauchamp on behalf of USA (Beauchamp, Peter) (Entered: 07/08/2020)

Unopposed MOTION for Mary E. Deweese to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17031358 for $150 paid by St. Johns County School District. (Upchurch, Frank) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 07/08/2020)

NOTICE of Special Admission Attorney Certification for Mary E. Deweese Appearance by Frank D. Upchurch, III on behalf of St. Johns County School District (Upchurch, Frank) (Entered: 07/08/2020)

NOTICE by St. Johns County School District re 65 Order on Motion for Hearing / Settlement Conference to Proceed with Zoom Video Conference Hearing (Upchurch, Frank) (Entered: 07/09/2020)

ORDER granting 71 St. Johns County School District's unopposed motion asking the Court to allow Mary Deweese, Esquire, to specially appear to represent it in this case and directing her to pay the required fee and register with the Court's electronic case filing (ECF) system by completing the E-Filer Registration Form. Signed by Magistrate Judge Patricia D. Barksdale on 7/9/2020. (ASL) (Entered: 07/09/2020)

Minute Entry. Proceedings held before Senior Judge Henry Lee Adams, Jr: MOTION HEARING held on 7/14/2020 re 53 Joint MOTION for Declaratory Judgment of Unitary Status filed by St. Johns County School District. Court Reporter: Shelli Kozachenko (MGG) (Entered: 07/16/2020)

ORDER granting 53 Joint Motion for Declaration of Unitary Status and declaring the District unitary. This case is dismissed with prejudice; all prior Orders in this case are no longer in effect. Signed by Senior Judge Henry Lee Adams, Jr. on 9/15/2020. (MO) (Entered: 09/15/2020)

MOTION to Intervene as Defendant and Supporting Memorandum of Law by Brooker Community School, Inc.. (Padgett, Braxton) (Entered: 03/23/2023)

ORDER directing the parties to respond to 77 Motion to Intervene on or before 4/26/2023. Signed by Senior Judge Henry Lee Adams, Jr. on 4/11/2023. (MO) (Entered: 04/11/2023)

NOTICE of Appearance by Nicole Sieb Smith on behalf of Bradford County School District (Smith, Nicole) (Entered: 04/12/2023)

NOTICE of Additional Appearance by Jeffrey James Grosholz on behalf of Bradford County School District (Grosholz, Jeffrey) (Entered: 04/12/2023)

Stricken per order 86 MOTION for John W. Borkowski to Withdraw as Attorney by St. Johns County School District. (Borkowski, John) Motions referred to Magistrate Judge Patricia D. Barksdale. (Modified on 4/26/2023) (SJW). (Entered: 04/17/2023)

Stricken per order 86 MOTION for Mary E. Deweese to Withdraw as Attorney by St. Johns County School District. (Deweese, Mary) Motions referred to Magistrate Judge Patricia D. Barksdale. (Modified on 4/26/2023) (SJW). (Entered: 04/17/2023)

Stricken per order 86 MOTION for Frank D. Upchurch III to Withdraw as Attorney by St. Johns County School District. (Upchurch, Frank) Motions referred to Magistrate Judge Patricia D. Barksdale. (Modified on 4/26/2023) (SJW). (Entered: 04/18/2023)

Stricken per order 86 MOTION for Tracy W. Upchurch to Withdraw as Attorney by St. Johns County School District. (Upchurch, Frank) Motions referred to Magistrate Judge Patricia D. Barksdale. (Modified on 4/26/2023) (SJW). (Entered: 04/18/2023)

AMENDED ORDER amending 78 Order directing response to motion. Signed by Senior Judge Henry Lee Adams, Jr. on 4/19/2023. (MO) (Entered: 04/19/2023)

ORDER striking 81, 82, 83, 84 Motions to Withdraw as Attorney. Signed by Senior Judge Henry Lee Adams, Jr. on 4/19/2023. (MO) (Entered: 04/19/2023)

NOTICE of Appearance by Mark Dann on behalf of USA (Dann, Mark) (Entered: 04/21/2023)

RESPONSE to Motion re 77 MOTION to Intervene as Defendant and Supporting Memorandum of Law filed by USA. (Dann, Mark) (Entered: 04/21/2023)