Case: Calvin v. Jefferson County Board of Commissioners

4:15-cv-00131 | U.S. District Court for the Northern District of Florida

Filed Date: May 15, 2015

Closed Date: 2016

Clearinghouse coding complete

Case Summary

On May 15, 2015, private citizens of Jefferson County, Florida filed this lawsuit in the U.S. District Court for the Northern District of Florida. The plaintiffs sued the Jefferson County Board of Commissioners, as well as the Jefferson County School Board and the official director of elections in the county, under 42 U.S.C. § 1983. The plaintiffs were represented by two public interest groups, the Florida Justice Institute and the ACLU Foundation of Florida. The plaintiffs sought declaratory…

On May 15, 2015, private citizens of Jefferson County, Florida filed this lawsuit in the U.S. District Court for the Northern District of Florida. The plaintiffs sued the Jefferson County Board of Commissioners, as well as the Jefferson County School Board and the official director of elections in the county, under 42 U.S.C. § 1983. The plaintiffs were represented by two public interest groups, the Florida Justice Institute and the ACLU Foundation of Florida. The plaintiffs sought declaratory and injunctive relief, asking the court to name the 2013 redistricting plan of Jefferson County unconstitutional under the Equal Protection Clause of the Fourteenth Amendment, asking for an order enjoining the use of the 2013 redistricting plan, and, in the event that the defendants were unable to come up with a plan that was satisfactory, a court-ordered redistricting plan. The plaintiffs also sought attorney’s fees.

Jefferson County, Florida was divided into five districts, each of which elected one commissioner to the Board of Commissioners. Each voting district was supposed to contain a roughly equal number of residents, pursuant to the one person one vote requirement of the Fourteenth Amendment. The third district contained the Jefferson Correctional Institution, a correctional facility housing 1157 inmates (according to the 2010 census). The population of the correctional facility was counted when drawing the lines of District Three, even though the vast majority of the inmates were not residents of Jefferson County, and thus were not registered to vote in Jefferson County. Because there are five districts in Jefferson County, an ideal population size for each district would be 1/5 of the population. Including the prison population, District 3 missed this goal by only 4%. Not including the prison population, District 3 missed this goal by 29.69%. The plaintiffs were concerned that the smaller voting population in District 3 gave the residents there inflated electing power.

On March 9th, 2015, the plaintiffs filed their complaint, seeking injunctive and declaratory relief. Discovery lasted about two months, from the end of March, 2015 to September of 2015. At the end of July, the Defendants moved for summary judgment, and at the beginning of August, 2015, the plaintiffs moved for summary judgment as well.

On March 19, 2016, Judge Mark E. Walker granted the plaintiffs' motion for summary judgment and denied the defendants'. As a result, the 2013 Jefferson County redistricting plan was declared unconstitutional under the Fourteenth Amendment, and was forbidden from being used. 2016 was an election year for Jefferson County, so the court entreated the Defendant to come up with a usable, constitutional redistricting plan, or the court would be forced to order their own redistricting plan.

Both the plaintiffs and the defendants then submitted redistricting plans for Jefferson County. The plaintiffs’ plan was only to be accepted if the defendants’ plan was unacceptable. A major point of contention in the acceptability of the plans was their adherence to a 1985 consent decree, which outlined the way elections were to be run in Jefferson County. The sticking point was that the consent decree stipulated that District 3 was to be a “balance district” – that is, having roughly equal numbers of African-American and white voters.

On April 18, 2016, Judge Mark E. Walker approved the defendants’ plan. Though the new District 3 did not have an equal number of African-American and white voters, the court deemed it acceptable and no longer unconstitutional.

On July 13, 2016, the two parties filed a notice of settlement. They resolved the plaintiffs’ claim for attorney’s fees; the amount settled upon was not mentioned in the notice. The parties also agreed to close the case, but asked the court to retain jurisdiction to enforce the payment of the settlement. The settlement was to be made in two payments. According to the final action in this case on July 14, 2016, this case is closed pending the second of these two settlement payments. As of October 2018, there has been no further litigation, and the case is presumed closed.

Summary Authors

Megan Brown (9/22/2016)

Daniele de Oliveira Nunes (10/16/2018)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4229014/parties/calvin-v-jefferson-county-board-of-commissioners/


Judge(s)

Stampelos, Charles A (Florida)

Walker, Mark Eaton (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Agarwal, Shalini Goel (Florida)

Berg, Randall Challen Jr. (Florida)

Trevisani, Dante Pasquale (Florida)

Attorneys(s) for Defendant

Curington, Gerald (Florida)

Edwards, Linda Bond (Florida)

Hayden, Brian Lee (Florida)

Scharlepp, Zackery Aaron (Florida)

Judge(s)

Stampelos, Charles A (Florida)

Walker, Mark Eaton (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Agarwal, Shalini Goel (Florida)

Berg, Randall Challen Jr. (Florida)

Trevisani, Dante Pasquale (Florida)

Attorneys(s) for Defendant

Curington, Gerald (Florida)

Edwards, Linda Bond (Florida)

Hayden, Brian Lee (Florida)

Scharlepp, Zackery Aaron (Florida)

Documents in the Clearinghouse

Document

Docket

July 14, 2016 Docket
1

Complaint for Declaratory and Injunctive Relief

March 9, 2015 Complaint
49

Order on Motions for Summary Judgment

2016 WL 1122884

March 19, 2016 Order/Opinion
52

Defendant, Jefferson County Board of County Commissioners' Notice of Filing Pursuant to Order

April 4, 2016 Pleading / Motion / Brief
55

Plaintiff's Submission of Illustrative Plan for Jefferson County and Response to Defendant's Proposed Remedial Plan

April 8, 2016 Pleading / Motion / Brief
62

Order Approving Defendants' Plan

April 18, 2016 Order/Opinion
70

Notice of Settlement and Joint Motion to Enter Consent Order and Close the Case

July 13, 2016 Settlement Agreement

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4229014/calvin-v-jefferson-county-board-of-commissioners/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 1129-3201161.), filed by KATE CALVIN. (Attachments: # 1 Summons, # 2 Summons, # 3 Summons) (ABUDU, NANCY) (Entered: 03/09/2015)

1 Summons

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2 Summons

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3 Summons

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March 9, 2015 RECAP
2

CIVIL COVER SHEET. (Attachments: # 1 Civil Cover Sheet) (ABUDU, NANCY) (Entered: 03/09/2015)

1 Civil Cover Sheet

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March 9, 2015 PACER
3

Summonses Issued as to MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS, JEFFERSON COUNTY SCHOOL BOARD. (Attachments: # 1 Exhibit, # 2 Exhibit) (sac) (Entered: 03/10/2015)

1 Exhibit

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2 Exhibit

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March 9, 2015 PACER
4

SUMMONS Returned Executed by LONNIE GRIFFIN, KATE CALVIN, CHARLES J PARRISH, JOHN NELSON, CONCERNED UNITED PEOPLE. JEFFERSON COUNTY BOARD OF COMMISSIONERS served on 3/19/2015, answer due 4/9/2015. (ABUDU, NANCY) (Entered: 03/25/2015)

March 25, 2015 PACER
5

SUMMONS Returned Executed by LONNIE GRIFFIN, KATE CALVIN, CHARLES J PARRISH, JOHN NELSON, CONCERNED UNITED PEOPLE. JEFFERSON COUNTY SCHOOL BOARD served on 3/20/2015, answer due 4/10/2015. (ABUDU, NANCY) (Entered: 03/25/2015)

March 25, 2015 PACER
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SUMMONS Returned Executed by LONNIE GRIFFIN, KATE CALVIN, CHARLES J PARRISH, JOHN NELSON, CONCERNED UNITED PEOPLE. MARTY BISHOP served on 3/19/2015, answer due 4/9/2015. (ABUDU, NANCY) (Entered: 03/25/2015)

March 25, 2015 PACER
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NOTICE of Appearance by LINDA BOND EDWARDS on behalf of MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS (EDWARDS, LINDA) (Entered: 03/25/2015)

March 25, 2015 PACER
8

NOTICE of Appearance by ZACKERY AARON SCHARLEPP on behalf of MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS (SCHARLEPP, ZACKERY) (Entered: 03/25/2015)

March 25, 2015 PACER
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INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 4/9/2015. Rule 26 Meeting Report due by 5/11/2015. Discovery due by 7/24/2015. Signed by JUDGE MARK E WALKER on 3/26/2015. (sac) (Entered: 03/27/2015)

March 26, 2015 PACER
10

Consent MOTION to Extend Time to Respond to Plaintiffs' Complaint by MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS. (SCHARLEPP, ZACKERY) (Entered: 04/07/2015)

April 7, 2015 PACER
11

ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION TO RESPOND TO COMPLAINT, re: 10 Consent MOTION to Extend Time to Respond to Plaintiffs' Complaint. Defendants, Jefferson County Board of Commissioners and Marty Bishop, shall file their responses to the complaint on or before May 11, 2015. Signed by JUDGE MARK E WALKER on 4/7/2015. (kjw) (Entered: 04/07/2015)

April 7, 2015 PACER

Set/Reset Deadline - Defendant's Response to the Complaint is due by 5/11/2015 per 11 ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION TO RESPOND TO COMPLAINT. (kjw)

April 7, 2015 PACER
12

Corporate Disclosure Statement/Certificate of Interested Persons by KATE CALVIN, CONCERNED UNITED PEOPLE, LONNIE GRIFFIN, JOHN NELSON, CHARLES J PARRISH. (ABUDU, NANCY) (Entered: 04/08/2015)

April 8, 2015 PACER
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NOTICE of Appearance by GERALD BETZIG CURINGTON on behalf of JEFFERSON COUNTY SCHOOL BOARD (CURINGTON, GERALD) (Entered: 04/09/2015)

April 9, 2015 PACER
14

MOTION for Extension of Time to File Answer To Plaintiffs' Complaint by JEFFERSON COUNTY SCHOOL BOARD. (CURINGTON, GERALD) (Entered: 04/13/2015)

April 13, 2015 PACER
15

ORDER GRANTING UNOPPOSED MOTION FOR EXTENSION TO RESPOND TO COMPLAINT ECF No. 14 - Defendant Jefferson County School Board shall file its response to the complaint on or before 5/11/2015. Signed by JUDGE MARK E WALKER on 4/13/2015. (sac) (Entered: 04/14/2015)

April 13, 2015 PACER

Reset Answer Deadlines per 11 ORDER: MARTY BISHOP answer due 5/11/2015; JEFFERSON COUNTY BOARD OF COMMISSIONERS answer due 5/11/2015. (sac)

April 14, 2015 PACER
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ANSWER to 1 Complaint by JEFFERSON COUNTY SCHOOL BOARD. (CURINGTON, GERALD) (Entered: 04/20/2015)

April 20, 2015 PACER
17

REPORT of Rule 26(f) Planning Meeting. (BERG, RANDALL) (Entered: 04/21/2015)

April 21, 2015 PACER
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SCHEDULING AND MEDIATION ORDER re: 17 Report: (Discovery due by 9/18/2015., Dispositive Motions to be filed by 10/9/2015., Bench Trial set for 2/16/2016 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER., Mediation Report due by 10/30/2015.), Case referred to mediation. Signed by JUDGE MARK E WALKER on 4/21/2015. (tdl) (Entered: 04/21/2015)

April 21, 2015 PACER
19

MOTION for Extension of Time to File Rule 26(A)(1) Disclosures by JEFFERSON COUNTY SCHOOL BOARD. (CURINGTON, GERALD) (Entered: 05/05/2015)

May 5, 2015 PACER
20

ORDER EXTENDING TIME: 19 Motion for Extension of Time is granted. Defendant has until May 15, 2015, to file its Rule 26(a)(1) disclosures. Signed by JUDGE MARK E WALKER on 5/6/15. (amm) (Entered: 05/06/2015)

May 6, 2015 PACER
21

ANSWER to 1 Complaint by MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS. (SCHARLEPP, ZACKERY) (Entered: 05/08/2015)

May 8, 2015 PACER
22

Consent MOTION to Extend TimeTo File and Serve Any Remedial Phase Expert Witness Reports by KATE CALVIN, CONCERNED UNITED PEOPLE, LONNIE GRIFFIN, JOHN NELSON, CHARLES J PARRISH. (BERG, RANDALL) (Entered: 05/28/2015)

May 28, 2015 PACER
23

ORDER GRANTING ENLARGEMENT OF TIME TO FILE AND SERVE WITNESS REPORTS, re: 22 Consent MOTION to Extend Time To File and Serve Any Remedial Phase Expert Witness Reports. Plaintiffs shall disclose any remedial phase expert witness report intended for use during the remedial phase of litigation sixty (60) days after this Court's ruling on the liability phase of the lawsuit. Any depositions to be taken shall be accomplished within thirty (30) days from the disclosure of expert witness reports. Signed by JUDGE MARK E WALKER on 5/29/2015. (kjw) (Entered: 05/29/2015)

May 29, 2015 PACER
24

Joint MOTION for Summary Judgment by MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS, JEFFERSON COUNTY SCHOOL BOARD. (Internal deadline for referral to judge if response not filed earlier: 8/17/2015). (SCHARLEPP, ZACKERY) (Entered: 07/29/2015)

July 29, 2015 RECAP
25

NOTICE OF FILING AFFIDAVIT OF BENJAMIN BISHOP by MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS, JEFFERSON COUNTY SCHOOL BOARD re 24 Joint MOTION for Summary Judgment (SCHARLEPP, ZACKERY) (Entered: 07/29/2015)

July 29, 2015 PACER
26

First MOTION for Extension of Time to File Response/Reply as to 24 Joint MOTION for Summary Judgment by KATE CALVIN. (ABUDU, NANCY) (Entered: 08/04/2015)

Aug. 4, 2015 PACER
27

ORDER GRANTING 26 UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO MOTION FOR SUMMARY JUDGMENT re 24 Joint MOTION for Summary Judgment (Internal deadline for referral to judge if response not filed earlier: 9/18/2015). Signed by JUDGE MARK E WALKER on 8/5/2015. (pll) (Entered: 08/05/2015)

Aug. 5, 2015 PACER
28

MOTION to Abrogate Mediation Order re 18 Scheduling Order,, Case Referred to Mediation, by KATE CALVIN. (ABUDU, NANCY) (Entered: 08/12/2015)

Aug. 12, 2015 PACER
29

ORDER GRANTING JOINT MOTION TO ABROGATE MEDIATION ORDER. This Court has considered, without hearing, the Joint Motion to Abrogate Mediation Order. ECF No. 28 . The motion is GRANTED. The parties are relieved of the requirement to mediate. Signed by JUDGE MARK E WALKER on 8/13/2015. (kjw) (Entered: 08/13/2015)

Aug. 13, 2015 PACER
30

MOTION for Summary Judgment by KATE CALVIN. (Internal deadline for referral to judge if response not filed earlier: 10/9/2015). (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit) (ABUDU, NANCY) Modified on 9/21/2015 to reflect 21-day deadline (vkm). (Entered: 09/18/2015)

1 Exhibit

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Sept. 18, 2015 RECAP
31

Joint MOTION for Extension of Time to File Response/Reply as to 30 MOTION for Summary Judgment by MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS, JEFFERSON COUNTY SCHOOL BOARD. (SCHARLEPP, ZACKERY) (Entered: 10/08/2015)

Oct. 8, 2015 PACER
32

ORDER EXTENDING TIME FOR RESPONSE TO PLAINTIFF'S CROSS MOTION FOR SUMMARY JUDGMENT re ECF No. 31 (Internal deadline for referral to judge if response not filed earlier: 11/9/2015). Signed by JUDGE MARK E WALKER on 10/8/2015. (tdl) (Entered: 10/08/2015)

Oct. 8, 2015 PACER
33

ORDER FOR PRETRIAL CONFERENCE. Attorney Conference to take place by 12/23/2015. Pretrial Stipulation due by 1/6/2016. Jury Trial set for 2/16/2016 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. Telephonic Pretrial Conference set for 1/13/2016 12:15 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. Signed by JUDGE MARK E WALKER on 10/20/15. (vkm) (Entered: 10/20/2015)

Oct. 20, 2015 PACER
34

Joint MOTION Remove From Trial Calendar re 33 Pretrial Order, and Expedite Consideration of Pending Cross Motions for Summary Judgment by KATE CALVIN, CONCERNED UNITED PEOPLE, LONNIE GRIFFIN, JOHN NELSON, CHARLES J PARRISH. (BERG, RANDALL) (Entered: 10/27/2015)

Oct. 27, 2015 PACER
35

ORDER GRANTING IN PART 34 JOINT MOTION TO REMOVE CASE FROM TRIAL CALENDAR - This Court removes this cause from the trial docket of February 16, 2016, pending ruling on cross motions for summary judgment. This Court shall expedite ruling on the motions with the understanding that criminal cases are this Court's first priority. Signed by JUDGE MARK E WALKER on 10/28/2015. (vkm) (Entered: 10/28/2015)

Oct. 28, 2015 PACER
36

RESPONSE to Motion re 30 MOTION for Summary Judgment filed by MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS, JEFFERSON COUNTY SCHOOL BOARD. (SCHARLEPP, ZACKERY) (Entered: 11/05/2015)

Nov. 5, 2015 RECAP
37

MOTION for Leave to File re 36 Response to Motion for Summary Judgment a Reply Brief by KATE CALVIN, CONCERNED UNITED PEOPLE, LONNIE GRIFFIN, JOHN NELSON, CHARLES J PARRISH. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 2 - Proposed Reply) (AGARWAL, SHALINI) (Entered: 11/10/2015)

1 Text of Proposed Order

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2 Exhibit 2 - Proposed Reply

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Nov. 10, 2015 PACER
38

ORDER GRANTING 37 UNOPPOSED MOTION FOR LEAVE TO FILE A REPLY TO DEFENDANT'S RESPONSE AND ACCEPTING REPLY AS FILED. Signed by JUDGE MARK E WALKER on 11/10/2015. (vkm) (Entered: 11/10/2015)

Nov. 10, 2015 PACER
39

REPLY to Response to Motion re 30 MOTION for Summary Judgment filed by KATE CALVIN. (vkm) (Entered: 11/10/2015)

Nov. 10, 2015 RECAP
40

NOTICE of Hearing on 24 Joint MOTION for Summary Judgment, 30 MOTION for Summary Judgment : Motion Hearing set for 1/1/2016 09:00 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Pam Lourcey at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Pam LourceyCourtroom Deputy Clerk (pll) (Entered: 12/07/2015)

Dec. 7, 2015 PACER
41

NOTICE of *RESCHEDULED* Hearing on 24 Joint MOTION for Summary Judgment, 30 MOTION for Summary Judgment : Motion Hearing set for 1/6/2016 09:00 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Pam Lourcey at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Pam LourceyCourtroom Deputy Clerk (pll) (Entered: 12/09/2015)

Dec. 9, 2015 PACER
42

NOTICE Of Withdrawal of Appearance by MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS (SCHARLEPP, ZACKERY) (Entered: 12/30/2015)

Dec. 30, 2015 PACER
43

Minute Entry for proceedings held before JUDGE MARK E WALKER: Oral Argument held on 1/6/2016. Parties to supplement the record; any additional depositions to be taken by January 31, 2016. Depositions and Supplemental Briefs of no more than 15 pages, if any that court needs to take judicial notice of, shall be filed within 10 business days after January 31, 2016. ( Supplemental Materials due by 2/16/2016}. (Court Reporter Lisa Jones.) (pll) (Entered: 01/06/2016)

Jan. 6, 2016 PACER
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NOTICE of Appearance by BRIAN LEE HAYDEN on behalf of MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS (HAYDEN, BRIAN) (Entered: 01/13/2016)

Jan. 13, 2016 PACER
45

STIPULATION of Facts by KATE CALVIN, CONCERNED UNITED PEOPLE, LONNIE GRIFFIN, JOHN NELSON, CHARLES J PARRISH. (BERG, RANDALL) (Entered: 02/12/2016)

Feb. 12, 2016 PACER
46

MEMORANDUM in Support re 30 MOTION for Summary Judgment, 24 Joint MOTION for Summary Judgment filed by MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS, JEFFERSON COUNTY SCHOOL BOARD. (EDWARDS, LINDA) (Entered: 02/12/2016)

Feb. 12, 2016 RECAP
47

NOTICE of Filing Documents in Support of Defendants' Supplemental Brief by MARTY BISHOP, JEFFERSON COUNTY BOARD OF COMMISSIONERS, JEFFERSON COUNTY SCHOOL BOARD re 46 Memorandum in Support of Motion (Attachments: # 1 Affidavit Barwick, # 2 Affidavit Boyd, # 3 Affidavit Matthews, # 4 Exhibit Depo Boyd, # 5 Exhibit Depo Cooksey, # 6 Exhibit Depo Griffin, # 7 Exhibit Depo Hodgson, # 8 Exhibit Depo Nelson, # 9 Exhibit Depo Washington, # 10 Exhibit RSPRA) (EDWARDS, LINDA) (Entered: 02/12/2016)

1 Affidavit Barwick

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2 Affidavit Boyd

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3 Affidavit Matthews

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4 Exhibit Depo Boyd

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5 Exhibit Depo Cooksey

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6 Exhibit Depo Griffin

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7 Exhibit Depo Hodgson

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8 Exhibit Depo Nelson

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9 Exhibit Depo Washington

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10 Exhibit RSPRA

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Feb. 12, 2016 RECAP
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MEMORANDUM in Support re 30 MOTION for Summary Judgment and in Opposition to Defendants' Joint Motion for Summary Judgment filed by KATE CALVIN, CONCERNED UNITED PEOPLE, LONNIE GRIFFIN, JOHN NELSON, CHARLES J PARRISH. (Attachments: # 1 Exhibit 9 -- Hodgson Deposition, # 2 Exhibit 10 -- Boyd Affidavit, # 3 Exhibit 11 -- County Agenda and Materials, # 4 Exhibit 12 -- County Materials, # 5 Exhibit 13 -- County Materials, # 6 Exhibit 14 -- County Plan, # 7 Exhibit 15 -- Boyd Deposition, # 8 Exhibit 16 -- Commission Agenda etc., # 9 Exhibit 17 -- Washington dep, # 10 Exhibit 18 -- Defs' Responses to Request for Admission) (BERG, RANDALL) (Entered: 02/12/2016)

1 Exhibit 9 -- Hodgson Deposition

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2 Exhibit 10 -- Boyd Affidavit

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3 Exhibit 11 -- County Agenda and Materials

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4 Exhibit 12 -- County Materials

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5 Exhibit 13 -- County Materials

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6 Exhibit 14 -- County Plan

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7 Exhibit 15 -- Boyd Deposition

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8 Exhibit 16 -- Commission Agenda etc.

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9 Exhibit 17 -- Washington dep

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10 Exhibit 18 -- Defs' Responses to Request for Admission

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Feb. 12, 2016 RECAP
49

ORDER ON 24 and 30 MOTIONS FOR SUMMARY JUDGMENT. Plaintiffs Cross-Motion for Summary Judgment, ECF No. 30, is GRANTED. Defendants Joint Motion for Summary Judgment, ECF No. 24, is DENIED. Defendants are enjoined from using the current districting plan for the Jefferson County Board of County Commissioners and the Jefferson County School Board. Defendants must submit to this Court on or before Monday, April 4, 2016 a proposed districting plan that complies with this Order and with all applicable federal and state laws, to the extent those state laws are compatible with federal law. ( Miscellaneous Deadline for proposed districting plan - by 4/4/2016.). Signed by JUDGE MARK E WALKER on 3/19/16. (pll) (Entered: 03/19/2016)

March 19, 2016 RECAP
50

Consent MOTION to Extend Timeto File Plaintiffs Motion for Attorneys Fees, Costs, and Expenses, and to file a Bill of Costs by KATE CALVIN, CONCERNED UNITED PEOPLE, LONNIE GRIFFIN, JOHN NELSON, CHARLES J PARRISH. (BERG, RANDALL) (Entered: 03/29/2016)

March 29, 2016 PACER
51

ORDER ON MOTION FOR EXTENSION OF TIME - The motion, ECF No. 50 is GRANTED. Plaintiffs will file motions for attorney's fees and expenses and a bill of costs on or before 5/13/2016, or within the time limits prescribed by the Federal rules of Civil Procedure and the local rules--whichever comes later. Signed by JUDGE MARK E WALKER on 3/29/2016. (vkm) (Entered: 03/29/2016)

March 29, 2016 PACER
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NOTICE of Filing Pursuant to Court's March 19, 2016 Order by JEFFERSON COUNTY BOARD OF COMMISSIONERS re 49 Order,,,, Set Deadlines/Hearings,,, (Attachments: # 1 Affidavit Stephen Walker, # 2 Affidavit Kurt Spitzer, # 3 Affidavit Marty Bishop) (EDWARDS, LINDA) (Entered: 04/04/2016)

1 Affidavit Stephen Walker

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2 Affidavit Kurt Spitzer

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3 Affidavit Marty Bishop

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April 4, 2016 PACER
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ORDER SETTING TIME FOR PLAINTIFFS TO STATE POSITION ON PROPOSED DISTRICTING PLAN re 52 Notice. (Plaintiffs Proposed Districting Plan due by 4/8/2016.) Signed by JUDGE MARK E WALKER on 4/4/2016. (tdl) (Entered: 04/04/2016)

April 4, 2016 PACER
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AFFIDAVIT re 49 Order,,,, Set Deadlines/Hearings,,, Notice of Filing Pursuant to Court's March 19, 2016 Order by JEFFERSON COUNTY SCHOOL BOARD. (Attachments: # 1 Affidavit of Shirley Washington) (CURINGTON, GERALD) (Entered: 04/04/2016)

1 Affidavit of Shirley Washington

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April 4, 2016 PACER
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RESPONSE by KATE CALVIN re 52 Notice (Other), . (Attachments: # 1 Supplement, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (ABUDU, NANCY) (Entered: 04/08/2016)

1 Supplement

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April 8, 2016 PACER
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ORDER SETTING TIME FOR PLAINTIFFS TO FILE BRIEF ON DISTRICTING PLANS Re: 55 PLAINTIFFS SUBMISSION OF ILLUSTRATIVE PLAN FOR JEFFERSON COUNTY and 52 NOTICE OF FILING PURSUANT TO 49 ORDER (Plaintiff's Brief Re: 52 Notice due by: 4/12/2016). Signed by JUDGE MARK E WALKER on 4/8/2016. (vkm) (Entered: 04/08/2016)

April 8, 2016 PACER
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RESPONSE by KATE CALVIN re 56 Order,, Set Deadlines/Hearings, . (ABUDU, NANCY) (Entered: 04/12/2016)

April 12, 2016 PACER
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ORDER SETTING HEARING re 57 Response and 52 Notice - This Court will set a hearing for this Friday, April 15, 2016 in Tallahassee. The Clerk will communicate with the parties and select a time for the hearing. The parties must come to the hearing ready to explain why Defendants' proposed districting scheme complies or doesn't comply with the consent decree. Signed by JUDGE MARK E WALKER on 4/12/2016. (vkm) (Entered: 04/12/2016)

April 12, 2016 PACER
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NOTICE OF HEARING: Argument of Counsel set for 4/15/2016 04:00 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. **DUE TO THE COURT'S TRIAL SCHEDULE IN GAINESVILLE; THIS HEARING MUST BE SET AT THE ABOVE DATE/TIME.** United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Pam Lourcey at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Pam LourceyCourtroom Deputy Clerk (pll) Modified on 4/13/2016 (pll). (Entered: 04/12/2016)

April 12, 2016 PACER
60

NOTICE OF TELEPHONIC HEARING: Telephonic Hearing for Argument of Counsel set for 4/15/2016 04:00 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. AT&T LANGUAGE United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. You may dial into the conference call as early as 3:55 PM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 8131706#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7898#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Pam Lourcey at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Pam LourceyCourtroom Deputy Clerk (pll) (Entered: 04/13/2016)

April 13, 2016 PACER
61

Minute Entry for proceedings held before JUDGE MARK E WALKER:Telephonic Hearing held on 4/15/2016. Court hears argument on language of proposed consent decree. Order to follow. (Court Reporter Lisa Jones.) (pll) (Entered: 04/15/2016)

April 15, 2016 PACER
62

ORDER APPROVING DEFENDANTS' PLAN - Defendants' proposed districting plan as described in ECF No. 52 is accepted. The Clerk shall enter judgment stating "IT IS ORDERED AND ADJUDGED that judgment be entered in favor of Plaintiffs and against Defendants. The districting plans or schemes used by the Jefferson County Board of County Commissioners and the Jefferson County School Board are hereby declared to be in violation of the Equal Protection Clause of the Fourteenth Amendment. Defendants and their officers, agents, servants, employees, and attorneys, and those other persons who are in active concert or participation with them, shall not use these districting schemes or allow them to be used in future elections. Defendants shall take the necessary steps to ensure that the Court-approved districting plan, ECF No. 52, is officially adopted." This Court retains jurisdiction to settle issues relating to attorney's fees and other ancillary matters. The Clerk shall close the file. Signed by JUDGE MARK E WALKER on 4/18/2016. (vkm) (Entered: 04/18/2016)

April 18, 2016 PACER
63

CLERK'S JUDGMENT entered pursuant to 62 ORDER APPROVING DEFENDANTS' PLAN. (vkm) (Entered: 04/18/2016)

April 18, 2016 PACER
64

UNOPPOSED Second MOTION for Extension of Time to File Motion for Attorneys' Fees and Expenses, and Bill of Costs by KATE CALVIN, CONCERNED UNITED PEOPLE, LONNIE GRIFFIN, JOHN NELSON, CHARLES J PARRISH. (TREVISANI, DANTE) Modified on 5/5/2016 to reflect motion is unopposed (vkm). (Entered: 05/04/2016)

May 4, 2016 PACER
65

ORDER GRANTING EXTENSION OF TIME - The motion for an extension of time, ECF No. 64, is GRANTED. Plaintiffs shall file a motion for attorney's fees and costs or notify this court that the issue has been settled on or before 6/15/2016. Signed by JUDGE MARK E WALKER on 5/5/2016. (vkm) (Entered: 05/05/2016)

May 5, 2016 PACER
66

Consent MOTION for Extension of Time to File to File Motion for Attorneys' Fees, Expenses, and Costs by KATE CALVIN, CONCERNED UNITED PEOPLE, LONNIE GRIFFIN, JOHN NELSON, CHARLES J PARRISH. (BERG, RANDALL) (Entered: 06/11/2016)

June 11, 2016 PACER
67

ORDER GRANTING EXTENSION OF TIME - The motion for an extension of time, ECF No. 66, is GRANTED. (Motion for Attorney's Fees & Costs due by 7/15/2016.) Signed by JUDGE MARK E WALKER on 6/12/2016. (tdl) (Entered: 06/13/2016)

June 12, 2016 PACER
68

MOTION to Withdraw as Attorney by Shalini Goel Agarwal by KATE CALVIN, CONCERNED UNITED PEOPLE, LONNIE GRIFFIN, JOHN NELSON, CHARLES J PARRISH. (Attachments: # 1 Text of Proposed Order) (AGARWAL, SHALINI) (Entered: 06/14/2016)

1 Text of Proposed Order

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June 14, 2016 PACER
69

ORDER GRANTING 68 MOTION TO WITHDRAW AS COUNSEL - Attorney SHALINI GOEL AGARWAL terminated. The Clerk shall disconnect the notice of electronic filing for withdrawing counsel. Signed by JUDGE MARK E WALKER on 6/15/2016. (vkm)***NOTICE DISCONNECTED FOR COUNSEL AS DIRECTED*** (Entered: 06/15/2016)

June 15, 2016 PACER
70

NOTICE of Settlement and Joint Motion to Enter Consent Order and Close the Case by KATE CALVIN, CONCERNED UNITED PEOPLE, LONNIE GRIFFIN, JOHN NELSON, CHARLES J PARRISH (Attachments: # 1 Text of Proposed Order Consent Order (Proposed)) (TREVISANI, DANTE) (Entered: 07/13/2016)

1 Text of Proposed Order Consent Order (Proposed)

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July 13, 2016 PACER
71

ORDER ACKNOWLEDGING SETTLEMENT re 70 Notice of Settlement - The parties ask this Court to retain jurisdiction. This Court will do so. This case shall remain closed. Signed by JUDGE MARK E WALKER on 7/14/2016. (vkm) (Entered: 07/14/2016)

July 14, 2016 PACER

State / Territory: Florida

Case Type(s):

Election/Voting Rights

Key Dates

Filing Date: May 15, 2015

Closing Date: 2016

Case Ongoing: No

Plaintiffs

Plaintiff Description:

There are five plaintiffs in this case. Four of the plaintiffs are residents of Monticello, in Jefferson County, Florida. The fifth plaintiff is Concerned United People (CUP), a not-for-profit organization in Jefferson County dedicated to serving the needs of the county's residents.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Florida Justice Institute

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Jefferson County Board of Commissioners (Tallahassee, Leon), County

Jefferson County School Board, County

Marty Bishop in his official capacity as supervisor of elections, County

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Source of Relief:

Litigation

Form of Settlement:

Private Settlement Agreement

Issues

General:

Voting

Voting:

Redistricting/district composition

Vote dilution