Case: Methelus v. School Board of Collier County, Florida

2:16-cv-00379 | U.S. District Court for the Middle District of Florida

Filed Date: May 18, 2016

Clearinghouse coding complete

Case Summary

On May 18, 2016, a group of parents and guardians of noncitizen children who had recently arrived in the United States filed this class action suit against the School Board of Collier County, Florida and the Superintendent of the Collier County Public Schools. The claim was filed in the U.S. District Court Middle District of Florida. In September 2016, the United States issued a Statement of Interest in support of the plaintiffs' claim.The litigation arose out of the defendants' implementation …

On May 18, 2016, a group of parents and guardians of noncitizen children who had recently arrived in the United States filed this class action suit against the School Board of Collier County, Florida and the Superintendent of the Collier County Public Schools. The claim was filed in the U.S. District Court Middle District of Florida. In September 2016, the United States issued a Statement of Interest in support of the plaintiffs' claim.

The litigation arose out of the defendants' implementation of an amendment to its Policy 5112.01 on August 2013. This policy provides in relevant part:

No person shall be permitted to attend the regular high school program after attaining the age of nineteen (19). Those who attain the age of nineteen during a school year may complete that school year. Persons who are seventeen years old or older and who, by earning eight credits per academic year, cannot meet graduation requirements, including grade point average, prior to the end of the year during which they attain the age of nineteen, shall not be permitted to attend the regular high school program beyond the end of the academic year in which they attain the age of seventeen. Such persons shall be afforded any opportunity to pursue a high school diploma through the Adult High School or General Educational Development (GED) programs of the District.
In May 2016, the School Board shifted enrollment of high school to a centralized location, the Student Relations Department. Whenever a student who is seventeen or older seeks to enroll, an enrollment specialist gathers the academic records and other pertinent records and gives these to the Executive Director for Secondary Programs, Curriculum, and Instruction. The Executive Director then makes the final recommendation as to enrollment. The Executive Director considers certain factors, including the student's English proficiency, as well as whether the student has an interruption or gap in prior education.

The plaintiffs alleged that the noncitizen children were systematically excluded from enrolling in the local public high school because they did not speak English fluently. Instead, plaintiffs claimed that the County was funneling these students into the local technical college, which does not provide instruction in basic subject areas or provide credit towards a high school diploma. Plaintiffs sued under 42 U.S.C. § 1983 alleging violations of the Equal Education Opportunities Act ("EEOA"), Title VI of the Civil Rights Act of 1964 ("Title VI"), along with violations of the Fourteenth Amendment's Equal Protection and Due Process Clauses. The complaint also alleged the defendants were violating the Florida Educational Equity Act ("FEEA"). The plaintiffs were represented by the Southern Poverty Law Center.

After the defendants filed a motion to dismiss, the plaintiffs amended the complaint. The defendants again filed a motion to dismiss on September 9, 2016. The Department of Justified filed a statement of interest and recommended that the court deny the motion. On March 17, 2017, Judge Sheri Polster Chappell granted in part and denied in part the motion. 2017 WL 1050374. Judge Chappell dismissed the Title VI claim against the Superintendent, agreeing with the defendants that the Superintendent could not be sued under Title VI because she was not a recipient of federal funds. The Court also dismissed the § 1983 claims for violations of Equal Protection and Due Process against the Superintendent, finding them duplicative of the claims against the School Board. The Court denied the motion to dismiss all the other claims and permitted the Title VI and § 1983 claims against the School Board to proceed.

On June 21, 2017, the plaintiffs filed a motion for a preliminary injunction requiring the School Board to enroll in school all English Language Learners identified in regular high school.

After the motion was argued before a magistrate, the court denied the motion on March 14, 2018, finding that the plaintiffs failed to demonstrate the irreparable injury needed because they had not established how they or others similarly situated will face actual and imminent injury unless the preliminary injunction issued.

The court first noted that Adult ESOL proves a pathway for student plaintiffs to attain their future goals of pursuing higher education at a college, university, or technical school, or to enter the labor market. The court also reasoned that this was different from cases where other plaintiffs had suffered injury because of denial or effective denial of any public educational opportunity at all. The court looked to whether the challenged practice "significantly interferes" with the exercise of a right to education and found that it did not. The plaintiffs were still receiving English-language instruction at the other schools and still had the ability to obtain a GED, which would empower them to pursue their future goals. Finally, the court noted that the plaintiffs' excessive delay in moving for mandatory preliminary injunctive relief mitigated against finding irreparable harm.

Around the same time, on January 12, 2018, the plaintiffs filed a motion for class certification, which the court granted in part and denied in part on October 17, 2018. The court only granted class certification for the due process claim because it found the remaining claims failed to satisfy the commonality requirement of FRCP Rule 23

The due process claim relied on the alleged total absence of any procedure to contest the denial of enrollment in public high school, and the question of whether defendants had any such procedure is one that applied equally to all putative class members. By contrast, the EEOA claim required to show that the defendant had failed to take "appropriate action" under the statute. In determining this, the court would need to examine each student's relative success or failure in overcoming language barriers to determine if the defendant's action of placing them in ELCAE or Adult ESOL qualified as appropriate action.

As for the remaining claims, commonality failed because each of them required the court to examine why defendants denied a particular student enrollment in regular high school. Because each of the remaining claims had discrimination as one element of proof, and the record demonstrated that defendants actually did conduct individualized reviews of each student before deciding whether to permit enrollment, the court decided that these claims were not capable of classwide resolution.

For the due process claims, the certified class was defined as:

All foreign-born, English Language Learner (ELL) children ages fifteen to twenty-one whose last completed schooling (not including adult education courses) was at a non-U.S. school, and who, after August 1, 2013, while residing in Collier County, sought or will seek to enroll in the Collier County public school system serving grades K-12, and were or will be denied enrollment by the Defendants.
Since then, the parties continued litigating various discovery disputes, and the plaintiffs filed a fourth amended complaint for declaratory and injunctive relief based on the due process claim. On March 12, 2019, the parties held a mediation that resulted in an impasse, and the litigation continued.

The parties participated in a court-ordered settlement conference on May 13, 2019. As a result, the parties reached an agreement and filed approval of their class-action settlement on July 23, 2019. After a fairness hearing on October 8, 2019, the court approved the settlement and dismissed the case with prejudice. The agreement established a notification and administrative appeals process for any student determined to be ineligible for enrollment in the regular high school program.

As of May 26, 2020, there have been no additional entries in the docket to enforce the settlement.

Summary Authors

Jamie Kessler (1/30/2017)

Chris Pollack (3/27/2019)

Alex Moody (5/26/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4562786/parties/methelus-v-the-school-board-of-collier-county-florida/


Judge(s)

Chappell, Sheri Polster (Florida)

Frazier, Douglas N. (Florida)

McCoy, Mac R. (Florida)

Attorneys(s) for Plaintiff

Galloni, Tania (Florida)

Gillers, Gillian (Georgia)

Lapointe, Michelle R. (Georgia)

Lopez, Viviana Teresa Bonilla (Florida)

Wallace, Jessica Zagier (Florida)

Attorneys(s) for Defendant

Fishbane, Jonathan D. (Florida)

Fox, James Donald (Florida)

Judge(s)

Chappell, Sheri Polster (Florida)

Frazier, Douglas N. (Florida)

McCoy, Mac R. (Florida)

Attorneys(s) for Plaintiff

Galloni, Tania (Florida)

Gillers, Gillian (Georgia)

Lapointe, Michelle R. (Georgia)

Lopez, Viviana Teresa Bonilla (Florida)

Wallace, Jessica Zagier (Florida)

Attorneys(s) for Defendant

Fishbane, Jonathan D. (Florida)

Fox, James Donald (Florida)

Other Attorney(s)

Bentley, A. Lee III (Florida)

Gupta, Vanita (District of Columbia)

Hill, Eve L. (District of Columbia)

McCarthy, Emily H. (District of Columbia)

Medina, Anna Maria (District of Columbia)

Pettis, Yohance Asim (Florida)

Simons, Shaheena A (District of Columbia)

Stoneman, Christine (District of Columbia)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 8, 2019 Docket
1

Complaint for Declaratory and Injunctive Relief

Methelus v. School Board Of Collier County, Florida

May 18, 2016 Complaint
26

Report and Recommendation

Methelus et al v. The School Board Of Collier County, Florida et al

2016 WL 8539815

July 21, 2016 Magistrate Report/Recommendation
30

First Amended Complaint for Declaratory and Injunctive Relief and for Damages

Methelus et al v. School Board Of Collier County, Florida

Aug. 8, 2016 Complaint
38

Interest of the United States

Methelus et al v. The School Board Of Collier County, Florida et al

Sept. 26, 2016 Pleading / Motion / Brief
38

Interest of the United States

Methelus v. School Board of Collier County

Sept. 26, 2016 Pleading / Motion / Brief
62

Opinion and Order Dismissing Counts II, III, and IV

2017 WL 1050374

March 17, 2017 Order/Opinion
183

Magistrate Report and Recommendation

Alonso v. School Board of Collier County

2018 WL 5304813

Aug. 8, 2018 Magistrate Report/Recommendation
202

Amended Opinion and Order

Alonso v. School Board of Collier County

2018 WL 5025229

Oct. 17, 2018 Order/Opinion
239

Opinion and Order Dismissing Third Amended Complaint

Alonzo v. School Board of Collier County

2019 WL 913358

Feb. 25, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4562786/methelus-v-the-school-board-of-collier-county-florida/

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

ECF Number Description Date Link
1

COMPLAINT For Declaratory and Injunctive Relief against Kamela Patton, The School Board Of Collier County, Florida (Filing fee $400 receipt number FTM009403) filed by Rosalba Ortiz, Lesly Methelus, Zoila Lorenzo. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Civil Cover Sheet)(RMT) (Entered: 05/19/2016)

1 Exhibit 1

View on PACER

2 Exhibit 2

View on PACER

3 Civil Cover Sheet

View on PACER

May 18, 2016 RECAP
2

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 6/2/2016. Signed by All Divisional Judges on 5/19/2016. (BJH) (Entered: 05/19/2016)

May 19, 2016 PACER
3

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 6/2/2016. Signed by All Divisional Judges on 5/19/2016. (BJH) (Entered: 05/19/2016)

May 19, 2016 PACER
4

SUMMONS issued as to The School Board Of Collier County, Florida. (drn) (Entered: 05/20/2016)

May 20, 2016 PACER
5

SUMMONS issued as to Kamela Patton. (drn) (Entered: 05/20/2016)

May 20, 2016 PACER
6

STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by All Divisional Judges on 5/20/2016. (drn) (Entered: 05/20/2016)

May 20, 2016 PACER
7

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Jennifer Anzardo Valdes, # 2 Exhibit Plaintiffs' Verifications, # 3 Exhibit Letter of Defendants, # 4 Exhibit Declarations of Counsel Tania Galloni and Jessica Zagier Wallace)(Wallace, Jessica) (Entered: 05/26/2016)

1 Exhibit Declaration of Jennifer Anzardo Valdes

View on PACER

2 Exhibit Plaintiffs' Verifications

View on PACER

3 Exhibit Letter of Defendants

View on PACER

4 Exhibit Declarations of Counsel Tania Galloni and Jessica Zagier Wallace

View on PACER

May 26, 2016 PACER
8

NOTICE of Appearance by James Donald Fox on behalf of Kamela Patton, The School Board Of Collier County, Florida (Fox, James) (Entered: 06/01/2016)

June 1, 2016 PACER
9

CERTIFICATE of interested persons and corporate disclosure statement by Kamela Patton, The School Board Of Collier County, Florida. (Fox, James) (Entered: 06/01/2016)

June 1, 2016 PACER
10

NOTICE of pendency of related cases re 3 Related case order and track 2 notice per Local Rule 1.04(d) by Zoila Lorenzo, Lesly Methelus, Rosalba Ortiz. Related case(s): no (Wallace, Jessica) (Entered: 06/01/2016)

June 1, 2016 PACER
11

CERTIFICATE of interested persons and corporate disclosure statement re 2 Interested persons order by Zoila Lorenzo, Lesly Methelus, Rosalba Ortiz. (Wallace, Jessica) (Entered: 06/01/2016)

June 1, 2016 PACER
12

NOTICE of hearing: Preliminary Pretrial Conference set for 7/19/2016 at 09:30 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. (BJH) (Entered: 06/02/2016)

June 2, 2016 PACER
13

NOTICE of Appearance by Jonathan D. Fishbane on behalf of Kamela Patton, The School Board Of Collier County, Florida (Fishbane, Jonathan) (Entered: 06/02/2016)

June 2, 2016 PACER
14

TEXT ORDER. Notwithstanding any prior Order of the Court, the parties are to file a joint Case Management Report no later than July 12, 2016. Signed by Magistrate Judge Mac R. McCoy on 6/2/2016. (brh) (Entered: 06/02/2016)

June 2, 2016 PACER
15

RETURN of service executed on May 31, 2016 by Rosalba Ortiz, Lesly Methelus, Zoila Lorenzo as to Kamela Patton. (Wallace, Jessica) (Entered: 06/15/2016)

June 15, 2016 PACER
16

RETURN of service executed on May 31, 2016 by Rosalba Ortiz, Lesly Methelus, Zoila Lorenzo as to The School Board Of Collier County, Florida. (Wallace, Jessica) (Entered: 06/15/2016)

June 15, 2016 PACER
17

MOTION for Extension of Time to File Answer re 1 Complaint by All Defendants. (Fox, James) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 06/21/2016)

June 21, 2016 PACER
18

MOTION for Extension of Time to File Response/Reply to Motion to Certify Class Action by All Defendants. (Fox, James) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 06/21/2016)

June 21, 2016 PACER
19

ENDORSED ORDER granting 17 Agreed Motion for Extension of Time. Defendants shall have until July 18, 2016 in which to file a response to the Complaint. Signed by Magistrate Judge Mac R. McCoy on 6/22/2016. (brh) (Entered: 06/22/2016)

June 22, 2016 PACER
20

ENDORSED ORDER granting 18 Motion for Extension of Time to Respond to Motion to Certify Class Action. Defendants shall have until August 5, 2016 in which to file a response to Plaintiffs' Motion to Certify Class Action. Signed by Magistrate Judge Mac R. McCoy on 6/22/2016. (brh) (Entered: 06/22/2016)

June 22, 2016 PACER
21

Unopposed MOTION for Michelle R. Lapointe to appear pro hac vice by All Plaintiffs. (Galloni, Tania) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 07/07/2016)

July 7, 2016 PACER
22

ORDER granting 21 Unopposed Motion to Appear Pro Hac Vice. The Clerk is directed to add Michelle R Lapointe to the service list. Within 14 days, Counsel shall register for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 7/8/2016. (brh) (Entered: 07/08/2016)

July 8, 2016 PACER
23

CASE MANAGEMENT REPORT. (Galloni, Tania) (Entered: 07/13/2016)

July 13, 2016 PACER
24

MOTION to dismiss for failure to state a claim by All Defendants. (Fox, James) (Entered: 07/18/2016)

July 18, 2016 PACER
25

Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 7/19/2016. (BJH) (Entered: 07/19/2016)

July 19, 2016 PACER
26

REPORT AND RECOMMENDATION recommending 7 Motion for Class Certification be denied without prejudice; and that this matter be referred to the Undersigned for the entry of a Case Management and Scheduling Order consistent with the recommendations set forth in the Report and Recommendation. Signed by Magistrate Judge Mac R. McCoy on 7/21/2016. (brh) (Entered: 07/21/2016)

July 21, 2016 PACER
27

Unopposed MOTION to extend time to Respond to Motion to Dismiss by All Plaintiffs. (Lapointe, Michelle) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 07/22/2016)

July 22, 2016 PACER
28

ENDORSED ORDER granting 27 Unopposed Motion for Extension of Time to File Response to Motion to Dismiss. Plaintiffs shall have until August 10, 2016 in which to file a response. Signed by Magistrate Judge Mac R. McCoy on 7/22/2016. (brh) (Entered: 07/22/2016)

July 22, 2016 PACER
29

OBJECTION re 26 REPORT AND RECOMMENDATIONS re 7 MOTION to Certify Class filed by Zoila Lorenzo, Rosalba Ortiz, Lesly Methelus. . (Wallace, Jessica) (Entered: 08/03/2016)

Aug. 3, 2016 PACER
30

AMENDED COMPLAINT against All Defendants filed by All Plaintiffs. (Attachments: # 1 Exhibit 1: Collier County ELL Plan, # 2 Exhibit 2: District Policy 5112.01)(Lapointe, Michelle) (Entered: 08/08/2016)

1 Exhibit 1: Collier County ELL Plan

View on PACER

2 Exhibit 2: District Policy 5112.01

View on PACER

Aug. 8, 2016 PACER
31

ORDER denying as moot 24 Motion to Dismiss for Failure to State a Claim. Signed by Judge Sheri Polster Chappell on 8/9/2016. (laf) (Entered: 08/09/2016)

Aug. 9, 2016 PACER
32

FIRST AMENDED CERTIFICATE of interested persons and corporate disclosure statement re 2 Interested persons order First Amended by Emile Antoine, Lucenie Hilaire Durosier, Ange Marie Joseph, Zoila Lorenzo, Lesly Methelus, Rosalba Ortiz. (Wallace, Jessica) Modified on 8/11/2016, to correct docket entry. (SPB). (Entered: 08/10/2016)

Aug. 10, 2016 PACER
33

RESPONSE to objections to 26 Report and Recommendations by Kamela Patton, The School Board Of Collier County, Florida. (Fox, James) (Entered: 08/11/2016)

Aug. 11, 2016 PACER
34

Unopposed MOTION to extend time to respond to Amended Complaint by All Defendants. (Fox, James) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 08/19/2016)

Aug. 19, 2016 PACER
35

ENDORSED ORDER granting 34 Unopposed Motion for Extension of Time. Defendants shall have until September 9, 2016 in which to file a response to the Amended Complaint. Signed by Magistrate Judge Mac R. McCoy on 8/19/2016. (brh) (Entered: 08/19/2016)

Aug. 19, 2016 PACER
36

NOTICE of unavailability of counsel by Kamela Patton, The School Board Of Collier County, Florida from December 19, 2016 to January 2, 2017. (Fox, James) (Entered: 08/31/2016)

Aug. 31, 2016 PACER
37

MOTION to Dismiss Amended Complaint by All Defendants. (Fox, James) (Entered: 09/09/2016)

Sept. 9, 2016 PACER
38

NOTICE by United States re 37 MOTION to Dismiss Amended Complaint (Statement of Interest) (Pettis, Yohance) (Entered: 09/26/2016)

Sept. 26, 2016 PACER
39

RESPONSE in Opposition re 37 MOTION to Dismiss Amended Complaint filed by Emile Antoine, Lucenie Hilaire Durosier, Ange Marie Joseph, Zoila Lorenzo, Lesly Methelus, Rosalba Ortiz. (Lapointe, Michelle) (Entered: 09/26/2016)

Sept. 26, 2016 PACER
40

MOTION for Tania Galloni to withdraw as attorney (Unopposed motion) by All Plaintiffs. (Wallace, Jessica) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 09/27/2016)

Sept. 27, 2016 PACER
41

ENDORSED ORDER granting 40 the Unopposed Motion to Withdraw Tania Galloni as Counsel. Tania Galloni shall have no further responsibility in this action. The Clerk of Court is directed to remove Tania Galloni from receiving further notices of electronic filing in this matter. Signed by Magistrate Judge Mac R. McCoy on 9/27/2016. (JTM) (Entered: 09/27/2016)

Sept. 27, 2016 PACER
42

Unopposed MOTION for Leave to File Excess Pages by All Plaintiffs. (Wallace, Jessica) (Entered: 09/27/2016)

Sept. 27, 2016 PACER
43

ENDORSED ORDER granting Plaintiffs' Unopposed Motion for Leave to File Excess Pages (Doc. # 42 ) filed on September 27, 2016. Signed by Judge Sheri Polster Chappell on 9/28/2016. (CMC) (Entered: 09/28/2016)

Sept. 28, 2016 PACER
44

MOTION for leave to file Respond to Statement of Interested filed by the Justice Department by All Defendants. (Fox, James) (Entered: 10/07/2016)

Oct. 7, 2016 PACER
45

ENDORSED ORDER granting 44 Unopposed Motion for Leave to Respond to Statement of Interest by the United States. Defendants are permitted to file a response that does not exceed 10 pages in length, excluding signature block and certificate of service. Signed by Magistrate Judge Mac R. McCoy on 10/11/2016. (brh) (Entered: 10/11/2016)

Oct. 11, 2016 PACER
46

MOTION for miscellaneous relief, specifically Schedule Status Conference by All Plaintiffs. (Lapointe, Michelle) (Entered: 11/15/2016)

Nov. 15, 2016 PACER
47

TEXT ORDER amending 45 ENDORSED ORDER granting 44 Unopposed Motion for Leave to Respond to Statement of Interest by the United States. The ENDORSED ORDER 45 is amended to add that Defendants shall file their response to the Statement of Interest by the United States on or before December 5, 2016. Signed by Magistrate Judge Mac R. McCoy on 11/21/2016. (brh) (Entered: 11/21/2016)

Nov. 21, 2016 PACER
48

NOTICE by Kamela Patton, The School Board Of Collier County, Florida Re: Mot. for Misc. Relief #46 (Attachments: # 1 Exhibit Ex. A (Email))(Fox, James) (Entered: 11/22/2016)

1 Exhibit Ex. A (Email)

View on PACER

Nov. 22, 2016 PACER
49

ORDER denying 46 Plaintiffs' Motion for Status Conference. Signed by Judge Sheri Polster Chappell on 11/29/2016. (LMF) (Entered: 11/29/2016)

Nov. 29, 2016 RECAP
50

MOTION for Extension of Time to File Response/Reply to Request for Production by All Defendants. (Attachments: # 1 Exhibit)(Fox, James) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 11/29/2016)

1 Exhibit

View on PACER

Nov. 29, 2016 PACER
51

ORDER granting 50 Motion for Extension of Time to Respond to Request for Production. Defendants shall have an additional 20 days to respond to Plaintiffs' Requests for Production and shall have a reasonable period of time thereafter to produce the documents responsive to the requests that are not subject to objection or a claim of privilege. Signed by Magistrate Judge Mac R. McCoy on 11/30/2016. (brh) (Entered: 11/30/2016)

Nov. 30, 2016 PACER
52

NOTICE by United States re 38 Notice (Other) (Attachments: # 1 Errata Corrected Statement of Interest)(Medina, Anna) (Entered: 12/02/2016)

1 Errata Corrected Statement of Interest

View on PACER

Dec. 2, 2016 PACER
53

Response to Interest of the United States re 38 Notice by All Defendants. (Fox, James) Modified on 12/6/2016 to edit docket text and filing event (drn). (Entered: 12/05/2016)

Dec. 5, 2016 PACER
54

MOTION for miscellaneous relief, specifically to file a Corrected Response to the U.S. by All Defendants. (Attachments: # 1 Exhibit Corrected Response)(Fox, James) (Entered: 12/09/2016)

1 Exhibit Corrected Response

View on PACER

Dec. 9, 2016 PACER
55

Unopposed MOTION for leave to file Response to Defendants' Response to Statement of Interest of the United States by All Plaintiffs. (Lapointe, Michelle) (Entered: 12/09/2016)

Dec. 9, 2016 PACER
56

ENDORSED ORDER granting 54 Unopposed Motion to File Corrected Response to the Interest of the United States. The Clerk of Court is directed to file the Response as a new and separate document. Signed by Magistrate Judge Mac R. McCoy on 12/12/2016. (brh) (Entered: 12/12/2016)

Dec. 12, 2016 PACER
57

ENDORSED ORDER granting 55 Unopposed Motion for Leave to Respond to Defendants' Response to the Statement of Interest of the United States. Within 14 days, Plaintiff may file a Reply to Defendants' Response to the Statement of Interest of the United States. Signed by Magistrate Judge Mac R. McCoy on 12/12/2016. (brh) (Entered: 12/12/2016)

Dec. 12, 2016 PACER
58

RESPONSE to the interest of the United States re 52 Notice by Kamela Patton, The School Board Of Collier County, Florida. (drn) (Entered: 12/13/2016)

Dec. 12, 2016 RECAP
59

REPLY to Response to Motion re 53 MOTION for miscellaneous relief, specifically Response to Interest of the United States filed by Emile Antoine, Lucenie Hilaire Durosier, Ange Marie Joseph, Zoila Lorenzo, Lesly Methelus, Rosalba Ortiz. (Lapointe, Michelle) (Entered: 12/22/2016)

Dec. 22, 2016 RECAP
60

NOTICE of supplemental authority re 37 MOTION to Dismiss Amended Complaint, 39 Response in Opposition to Motion, 38 Notice (Other), 59 Reply to Response to Motion by Emile Antoine, Lucenie Hilaire Durosier, Ange Marie Joseph, Zoila Lorenzo, Lesly Methelus, Rosalba Ortiz. (Attachments: # 1 Exhibit Issa v. Lancaster School Dist. (3d Cir. Jan. 30, 2017))(Lapointe, Michelle) (Entered: 01/31/2017)

1 Exhibit Issa v. Lancaster School Dist. (3d Cir. Jan. 30, 2017)

View on PACER

Jan. 31, 2017 PACER
61

NOTICE of supplemental authority re 37 MOTION to Dismiss Amended Complaint by Kamela Patton, The School Board Of Collier County, Florida. (Attachments: # 1 Exhibit Supplemental Authority)(Fox, James) (Entered: 03/08/2017)

1 Exhibit Supplemental Authority

View on PACER

March 8, 2017 PACER
62

OPINION and ORDER granting in part and denying in part 37 Defendants School Board of Collier County, Florida and Kamela Patton's Motion to Dismiss. It is granted only to the extent that Counts II, III, and IV as against Defendant Kamela Patton are dismissed - those counts survive as against the School Board. The motion is denied in all other respects. Defendants shall file an answer to the Amended Complaint in accordance on or before April 3, 2017. Signed by Judge Sheri Polster Chappell on 3/17/2017. (LMF) (Entered: 03/17/2017)

March 17, 2017 RECAP
63

ORDER adopting the Report and Recommendation of United States Magistrate Judge Mac R. McCoy. The Report and Recommendation of United States Magistrate Judge Mac R. McCoy 26 is ACCEPTED and ADOPTED, and the finding incorporated erein. Plaintiffs' Motion for Class Certification 7 is DENIED without prejudice. The matter is REFERRED to the Honorable Mac R. McCoy to hold a second preliminary pretrial conference in order to (1) discuss both case-management deadlines and a new motion for class certification deadline; and (2) issue a Case Management and Scheduling Order. The parties are directed to meet and confer in person in order to prepare an Amended Case Management Report, which they shall jointly file on or before April 3, 2017. Signed by Judge Sheri Polster Chappell on 3/17/2017. (LMF) (Entered: 03/17/2017)

March 17, 2017 RECAP
64

NOTICE of hearing: Second Preliminary Pretrial Conference set for 4/18/2017 at 10:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Mac R. McCoy. (jmc) (Entered: 03/20/2017)

March 20, 2017 PACER
65

ANSWER and affirmative defenses with Jury Demand to 30 Amended Complaint, COUNTERCLAIM against All Defendants by Kamela Patton, The School Board Of Collier County, Florida.(Fox, James) (Entered: 04/03/2017)

April 3, 2017 PACER
66

NOTICE of filing of Plaintiffs' proposed amended case management report and MOTION to extend time to file joint report by Emile Antoine, Lucenie Hilaire Durosier, Ange Marie Joseph, Zoila Lorenzo, Lesly Methelus, Rosalba Ortiz re 63 Order Adopting Report and Recommendations (Wallace, Jessica) Modified on 4/4/2017, to correct docket text. (SPB). (Entered: 04/03/2017)

April 3, 2017 PACER
67

ENDORSED ORDER granting 66 Motion to Extend Time to File Joint Report. The parties shall file their joint Amended Case Management Report by today, April 4, 2017. Signed by Magistrate Judge Mac R. McCoy on 4/4/2017. (brh) (Entered: 04/04/2017)

April 4, 2017 PACER
68

CASE MANAGEMENT REPORT. (Lapointe, Michelle) (Entered: 04/04/2017)

April 4, 2017 PACER
69

Minute Entry. Proceedings held before Magistrate Judge Mac R. McCoy: PRELIMINARY PRETRIAL CONFERENCE held on 4/18/2017. (Digital) (jmc) (Entered: 04/18/2017)

April 18, 2017 PACER
70

ORDER requiring Plaintiffs to file a response to the Counterclaim by April 24, 2017; file a motion for leave to add parties and amend pleadings by April 28, 2017; and file any motion related to Defendants' jury demand by May 2, 2017. Signed by Magistrate Judge Mac R. McCoy on 4/18/2017. (brh) (Entered: 04/18/2017)

April 18, 2017 PACER
71

CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 1/25/2019 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell, Trial commencing 2/4/2019 at 09:00 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. Signed by Magistrate Judge Mac R. McCoy on 4/20/2017. (jmc) (Entered: 04/20/2017)

April 20, 2017 PACER
72

MOTION to dismiss the Counterclaim of Defendant / Counter Plaintiff The School Board of Collier County, Florida by All Plaintiffs. (Lapointe, Michelle) Modified on 4/25/2017, to edit docket text. (SPB). (Entered: 04/24/2017)

April 24, 2017 PACER
73

NOTICE of unavailability of counsel by Kamela Patton, The School Board Of Collier County, Florida from See Notice. (Fox, James) (Entered: 04/26/2017)

April 26, 2017 PACER
74

Unopposed MOTION for leave to file Second Amended Complaint by All Plaintiffs. (Attachments: # 1 Exhibit Proposed Second Amended Complaint with Exhibits, # 2 Exhibit Redline of Proposed Second Amended Complaint)(Wallace, Jessica) (Entered: 04/28/2017)

1 Exhibit Proposed Second Amended Complaint with Exhibits

View on PACER

2 Exhibit Redline of Proposed Second Amended Complaint

View on PACER

April 28, 2017 PACER
75

ORDER granting 74 Unopposed Motion for Leave to File Second Amended Complaint. The Clerk of Court is directed to file the Second Amended Compliant as a new and separate document. Signed by Magistrate Judge Mac R. McCoy on 5/1/2017. (brh) (Entered: 05/01/2017)

May 1, 2017 PACER
76

SECOND AMENDED COMPLAINT against Kamela Patton, The School Board Of Collier County, Florida filed by Lucenie Hilaire Durosier, Zoila Lorenzo, Lesly Methelus, Rosalba Ortiz, Emile Antoine, Marie Ange Joseph, Marta Alonso, Waybert Nicolas. Related document: 30 Amended Complaint filed by Zoila Lorenzo, Rosalba Ortiz, Lesly Methelus. (SPB) Modified on 5/3/2017, to correct docket attachments. (SPB). (Entered: 05/03/2017)

May 3, 2017 PACER
77

Unopposed MOTION for Gillian Gillers to appear pro hac vice by All Plaintiffs. (Wallace, Jessica) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 05/08/2017)

May 8, 2017 PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Gillian B. Gillers, appearing on behalf of (Filing fee $150 receipt number FTM010867.) Related document: 77 Unopposed MOTION for Gillian Gillers to appear pro hac vice. (SPB)

May 8, 2017 PACER
78

ORDER granting 77 Unopposed Motion to Appear Pro Hac Vice. Unless already completed, within 14 days, Attorney Gillian B. Gillers shall send to the Clerk's Office, the application for special admission to practice along with the required application fee. Within 5 days, attorney Gillian B. Gillers shall file a Notice of Appearance that contains her contact information. Within 14 days, Counsel shall register for CM/ECF. Signed by Magistrate Judge Mac R. McCoy on 5/9/2017. (brh) (Entered: 05/09/2017)

May 9, 2017 PACER
79

NOTICE of Appearance by Gillian B. Gillers on behalf of Marta Alonso, Emile Antoine, Lucenie Hilaire Durosier, Zoila Lorenzo, Maria Ange Joseph, Lesly Methelus, Waybert Nicolas, Rosalba Ortiz (Gillers, Gillian) (Entered: 05/11/2017)

May 11, 2017 PACER
80

ANSWER and affirmative defenses with Jury Demand to 76 Amended Complaint, Amended COUNTERCLAIM against All Defendants by Kamela Patton, The School Board Of Collier County, Florida.(Fox, James) (Entered: 05/15/2017)

May 15, 2017 PACER
81

ORDERED: Plaintiffs/Counter-Defendants' Motion to Dismiss the Counterclaim of Defendant/Counter-Plaintiff the School Board of Collier County, Florida Doc. 72 is DENIED as moot. Signed by Judge Sheri Polster Chappell on 5/16/2017. (laf) (Entered: 05/16/2017)

May 16, 2017 PACER
82

NOTICE of change of address by Michelle R. Lapointe (Lapointe, Michelle) (Entered: 05/17/2017)

May 17, 2017 PACER
83

NOTICE of unavailability of counsel by The School Board Of Collier County, Florida from June 16, 2017 to June 29, 2017. (Fishbane, Jonathan) (Entered: 05/24/2017)

May 24, 2017 PACER
84

MOTION to dismiss for failure to state a claim, MOTION to dismiss for lack of jurisdiction by All Plaintiffs. (Lapointe, Michelle) (Entered: 05/29/2017)

May 29, 2017 PACER
85

MOTION for Extension of Time to File Response/Reply as to 84 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction by All Defendants. (Fox, James) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 06/14/2017)

June 14, 2017 PACER
86

ENDORSED ORDER granting 85 Agreed Motion for Extension of Time. Defendants shall have until June 28, 2017 in which to file a response to the Motion to Dismiss the Amended Counterclaim. Signed by Magistrate Judge Mac R. McCoy on 6/14/2017. (brh) (Entered: 06/14/2017)

June 14, 2017 PACER
87

MOTION for preliminary injunction by Marta Alonso, Emile Antoine, Lucenie Hilaire Durosier. (Attachments: # 1 Exhibit Index of Exhibits, # 2 Exhibit 1 - Declaration of I.A., # 3 Exhibit 2 - Declaration of N.A., # 4 Exhibit 3 - Declaration of T.J.H., # 5 Exhibit 4 - Declaration of Dr. Mary Rebecca Burns, Ph.D., # 6 Exhibit 5 - Defendants' Amended Responses to Plaintiffs' First Requests for Production, # 7 Exhibit 6 - CCPS Adult Education Contract and Goals, # 8 Exhibit 7 - Declaration of Michael Scanlan,: # 10 Exhibit 8- Declaration of Leah Whitlow, # 11 Exhibit 9- CCPS ELL Plan (2013-15), # 12 Exhibit 10- CCPS ELL Plan (2016-19), # 13 Exhibit 11- Letter of J. Fishbane to L. Carmona (Lapointe, Michelle) (SPB). Additional attachment(s) added on 7/5/2017, Pursuant to 90 Order.(SPB). (SEALED EXHIBIT 8 added: # 14 Exhibit) (SPB). (Entered: 06/21/2017)

1 Exhibit Index of Exhibits

View on PACER

2 Exhibit 1 - Declaration of I.A.

View on PACER

3 Exhibit 2 - Declaration of N.A.

View on PACER

4 Exhibit 3 - Declaration of T.J.H.

View on PACER

5 Exhibit 4 - Declaration of Dr. Mary Rebecca Burns, Ph.D.

View on PACER

6 Exhibit 5 - Defendants' Amended Responses to Plaintiffs' First Request

View on PACER

7 Exhibit 6 - CCPS Adult Education Contract and Goals

View on PACER

8 Exhibit 7 - Declaration of Michael Scanlan

View on PACER

10 Exhibit Exhibit 8- Declaration of Leah Whitlow

View on PACER

11 Exhibit Exhibit 9- CCPS ELL Plan (2013-15)

View on PACER

12 Exhibit Exhibit 10- CCPS ELL Plan (2016-19)

View on PACER

13 Exhibit Exhibit 11- Letter of J. Fishbane to L. Carmona

View on PACER

June 21, 2017 PACER
88

Unopposed MOTION for leave to file under seal by Marta Alonso, Emile Antoine, Lucenie Hilaire Durosier. (Attachments: # 1 Exhibit Proposed Replacement Exhibit)(Lapointe, Michelle) (Entered: 06/26/2017)

1 Exhibit Proposed Replacement Exhibit

View on PACER

June 26, 2017 PACER
89

MOTION for Extension of Time to File Response/Reply as to 84 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction by All Defendants. (Fox, James) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 06/27/2017)

June 27, 2017 PACER
90

ORDER granting 88 Unopposed Motion to Seal Exhibit Pursuant to Federal Rule of Civil Procedure 5.2(a). The Clerk of Court is directed to remove unredacted Exhibit 8 (Declaration of Leah Whitlow) from the public record. The Clerk of Court shall file unredacted Exhibit 8 (Declaration of Leah Whitlow) under seal. The unredacted Declaration of Leah Whitlow shall remain under seal for the duration of this action and any appeal thereto, or until an order is entered unsealing the Declaration. Signed by Magistrate Judge Mac R. McCoy on 6/27/2017. (brh) (Entered: 06/27/2017)

June 27, 2017 PACER
91

ENDORSED ORDER granting 89 Agreed Second Motion for Extension of Time. Defendants shall have until July 7, 2017 in which to file a response to the Motion to Dismiss Counterclaim. Signed by Magistrate Judge Mac R. McCoy on 6/27/2017. (brh) (Entered: 06/27/2017)

June 27, 2017 PACER
92

MOTION for Extension of Time to File Response/Reply as to 87 MOTION for preliminary injunction by All Defendants. (Fox, James) Motions referred to Magistrate Judge Mac R. McCoy. (Entered: 07/05/2017)

July 5, 2017 PACER
93

ENDORSED ORDER granting 92 Agreed Motion for Extension of Time. Defendants shall have up to and including July 19, 2017 in which to file a Response to Plaintiffs' Motion for Preliminary Injunction. Signed by Magistrate Judge Mac R. McCoy on 7/5/2017. (brh) (Entered: 07/05/2017)

July 5, 2017 PACER
94

RESPONSE to Motion re 84 MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction filed by Kamela Patton(Superintendent of Collier County Public Schools, in her official capacity), The School Board Of Collier County, Florida. (Fox, James) (Entered: 07/07/2017)

July 7, 2017 PACER
95

NOTICE of hearing on motion re 87 MOTION for preliminary injunction . Motion for Preliminary Injunction Hearing set for 8/11/2017 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell. (LMF) (Entered: 07/12/2017)

July 12, 2017 PACER
96

JOINT MOTION for protective order by All Plaintiffs, and Defendants. (Attachments: # 1 Text of Proposed Order Stipulated Protective Order)(Lapointe, Michelle) Motions referred to Magistrate Judge Mac R. McCoy. Modified on 7/14/2017, to correct docket text. (SPB). (Entered: 07/13/2017)

1 Text of Proposed Order Stipulated Protective Order

View on PACER

July 13, 2017 PACER
97

ORDER granting 96 Joint Motion for Entry of Protective Order. The Stipulated Protective Order is approved as modified. Signed by Magistrate Judge Mac R. McCoy on 7/14/2017. (brh) (Entered: 07/14/2017)

July 14, 2017 PACER
98

STIPULATED PROTECTIVE ORDER. Signed by Magistrate Judge Mac R. McCoy on 7/14/2017. (brh) (Entered: 07/14/2017)

July 14, 2017 PACER
99

MOTION for clarification re 87 MOTION for preliminary injunction by All Defendants. (Fox, James) (Entered: 07/17/2017)

July 17, 2017 PACER

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Special Collection(s):

DOJ Civil Rights Division Statements of Interest

Key Dates

Filing Date: May 18, 2016

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

All foreign-born, English Language Learner (ELL) children ages fifteen to twenty-one whose last completed schooling (not including adult education courses) was at a non-U.S. school, and who, after August 1, 2013, while residing in Collier County, sought or will seek to enroll in the Collier County public school system serving grades K-12, and were or will be denied enrollment by the Defendants.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The School Board Of Collier County, Florida (Collier), School District

Superintendent of the Collier County Public Schools (Collier), School District

Defendant Type(s):

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: Mixed

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Content of Injunction:

Preliminary relief denied

Issues

General:

Disparate Impact

Education

Juveniles

Language access/needs

School/University policies

Discrimination-basis:

Immigration status

Language discrimination

Language:

Spanish

Type of Facility:

Government-run

National Origin/Ethnicity:

Hispanic