Case: D.P. v. School Board of Palm Beach County

9:21-cv-81099 | U.S. District Court for the Southern District of Florida

Filed Date: June 22, 2021

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about the School District of Palm Beach County (SDPBC), acting under the Baker Act, a Florida state law that authorized SDPBC to remove hundreds of children deemed to be a threat and took them to psychiatric facilities for involuntary psychiatric examinations each year. On June 22, 2021, four students of color and one white student with disabilities who qualified for Exceptional Student Education (ESE) and were enrolled in the School District of Palm Beach County filed this putat…

This is a case about the School District of Palm Beach County (SDPBC), acting under the Baker Act, a Florida state law that authorized SDPBC to remove hundreds of children deemed to be a threat and took them to psychiatric facilities for involuntary psychiatric examinations each year. On June 22, 2021, four students of color and one white student with disabilities who qualified for Exceptional Student Education (ESE) and were enrolled in the School District of Palm Beach County filed this putative class-action lawsuit in the U.S. District Court for the Southern District of Florida. The putative plaintiff class consisted of all those who attended school in SDPBC who were subjected to involuntary psychiatric examination or at risk of involuntary examination. The plaintiffs sued SPDBC and the Palm Beach County School District Police Department under 42 U.S.C. § 1983, the Americans with Disabilities Act (ADA), and § 504 of the Rehabilitation Act. Represented by Disability Rights Florida, Southern Poverty Law Center, Legal Aid Society of Palm Beach County, and National Center for Youth Law, the plaintiffs sought declarative and injunctive relief, actual and punitive damages, and attorneys’ fees.

The plaintiffs claimed that SPDBC used the Baker Act to initiate at least 1,216 involuntary examinations of its students in the 2016-2020 school years, including 252 times on elementary school students. SDPBC seized Black children for involuntary examination at twice the rate of white children, a disparity that worsened for young children: 40 of 59 children under age eight examined under the Act in that period were Black. The plaintiffs further alleged that the unnecessary use of involuntary examination through the Baker Act put children and their families at significant risk of long-term and serious psychological harm. As a result of being subjected to involuntary examination under the Baker Act, children may have experienced new or exacerbated post-traumatic stress, general anxiety, separation anxiety, depression, humiliation, and emotional withdrawal. The plaintiffs also claimed that the defendants violated their Fourth and Fourteenth Amendment protection against unreasonable seizure and use of excessive force. This case was assigned to Judge Aileen M. Cannon.

On July 26, 2021, the plaintiffs filed an amended complaint that clarified, for some counts, which plaintiffs brought the claim.

As of October 22, 2021, the case is pending discovery proceedings.

Summary Authors

Calvin Kim (10/22/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60004019/parties/p-v-school-board-of-palm-beach-county/


Attorneys(s) for Plaintiff

Boyd, Samuel T.S. (Florida)

Christiansen, Nicholas Clinton (Tennessee)

Cintron-Siegel, Ann Marie (Florida)

De Leon, Evian Lynn White (Florida)

Duncan, Melissa Marie (Florida)

Eidsath, Hannah Benton (California)

Hults, Rachel V (California)

Jackson, Bacardi (Florida)

Lewis, Melissa (Florida)

Paris, Molly Jean (Florida)

Attorneys(s) for Plaintiff

Boyd, Samuel T.S. (Florida)

Christiansen, Nicholas Clinton (Tennessee)

Cintron-Siegel, Ann Marie (Florida)

De Leon, Evian Lynn White (Florida)

Duncan, Melissa Marie (Florida)

Eidsath, Hannah Benton (California)

Hults, Rachel V (California)

Jackson, Bacardi (Florida)

Lewis, Melissa (Florida)

Paris, Molly Jean (Florida)

Pasch, Shahar Vinayi (Florida)

Strout, Jean (California)

Toll, Joshua C. (District of Columbia)

Attorneys(s) for Defendant

Bell, Jon Erik (Florida)

Carmona, Lisa A. (Florida)

Garabedian, Charles Mark Jr. (Florida)

Pincus, Laura Esterman (Florida)

Stettin, Eric Lawrence (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

Oct. 22, 2021 Docket

Resources

Title Description External URL

D.P., et al. v. School Board of Palm Beach County, et al.

The lawsuit describes the traumatic experience of involuntary examination and contends that is unnecessary and counterproductive for the overwhelming majority of children subjected to it. It describe… June 22, 2021 https://www.splcenter.org/seeking-justice/case-docket/dp-et-al-v-school-board-palm-beach-county-et-al

Docket

See docket on RECAP: https://www.courtlistener.com/docket/60004019/p-v-school-board-of-palm-beach-county/

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

ECF Number Description Date Link
1

COMPLAINT against All Defendants. Filing fees $ 402.00. Pay.gov Agency Tracking ID FLSDC-14786453, payment transferred from : 9:21-cv-81099, filed by R. S., W. B., P. S., D. P., Disability Rights Florida, A. B., E. S., M. S., Florida State Conference of the National Association for the Advancement of Colored People (NAACP), L. H., J. S., S. S., L. A.. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Jackson, Bacardi) (Entered: 06/22/2021)

1 Civil Cover Sheet

View on PACER

2 Summon(s)

View on PACER

June 22, 2021 PACER
2

Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) (Entered: 06/22/2021)

June 22, 2021 PACER
3

Summons Issued as to Daniel Alexander, Howard Blocher, Brown, Jose Cuellar, Donald Fennoy, II, Joseph M. Margolis, Jr, School Board of Palm Beach County, Donald Silva. (cds) (Entered: 06/22/2021)

June 22, 2021 RECAP
4

Bar Letter re: Admissions sent to attorney Hannah Benton Eidsath, Jean Strout, Rachel Velcoff Hults, Joshua C. Toll, mailing date June 22, 2021, (pt) (Entered: 06/22/2021)

June 22, 2021 RECAP

Clerk's Notice of Judge Assignment and Optional Consent

June 22, 2021 PACER
5

ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Aileen M. Cannon on 6/23/2021. See attached document for full details. (cds) (Entered: 06/23/2021)

June 23, 2021 RECAP
6

NOTICE of Change of Address, Email or Law Firm Name by Bacardi L Jackson (Jackson, Bacardi) (Entered: 06/25/2021)

June 25, 2021 PACER
7

CLERK'S NOTICE - Attorney Admissions has not updated the email address for attorney Bacardi L. Jackson re 6 Notice of Change of Address, Email or Law Firm Name. Attorney has not followed the required procedures for updating their email address with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their email address. See the Courts website for detailed instructions. www.flsd.uscourts.gov/updating-your-information (cw) (Entered: 06/25/2021)

June 25, 2021 PACER
8

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. School Board of Palm Beach County served on 6/23/2021, answer due 7/14/2021. (Jackson, Bacardi) (Entered: 06/25/2021)

June 25, 2021 PACER
9

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Donald Fennoy, II served on 6/23/2021, answer due 7/14/2021. (Jackson, Bacardi) (Entered: 06/25/2021)

June 25, 2021 PACER
10

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Daniel Alexander served on 6/23/2021, answer due 7/14/2021. (Jackson, Bacardi) (Entered: 06/25/2021)

June 25, 2021 PACER
11

NOTICE of Change of Address, Email or Law Firm Name by Evian Lynn White (White, Evian) (Entered: 06/25/2021)

June 25, 2021 PACER
12

MOTION PLAINTIFFS MOTION FOR LEAVE TO PROCEED USING INITIALS TO IDENTIFY PLAINTIFFS P.S., J.S., A.B., L.H., S.S. AND R.S. AND MEMORANDUM IN SUPPORT THEREOF by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. (Attachments: # 1 Affidavit Declaration of Sam Boyd, # 2 Text of Proposed Order Proposed Order)(Jackson, Bacardi) (Entered: 06/25/2021)

June 25, 2021 PACER

Clerk's Notice - Attorney Admissions

June 25, 2021 PACER
13

ORDER Granting 12 Motion FOR LEAVE TO USE INITIALS TO IDENTIFY CERTAIN PLAINTIFFS. Signed by Judge Aileen M. Cannon on 6/28/2021. See attached document for full details. (cds) (Entered: 06/29/2021)

June 29, 2021 PACER
14

NOTICE of Attorney Appearance by Laura Esterman Pincus on behalf of School Board of Palm Beach County. Attorney Laura Esterman Pincus added to party School Board of Palm Beach County(pty:dft). (Pincus, Laura) (Entered: 07/06/2021)

July 6, 2021 PACER
15

NOTICE of Attorney Appearance by Patricia Morales Christiansen on behalf of School Board of Palm Beach County. Attorney Patricia Morales Christiansen added to party School Board of Palm Beach County(pty:dft). (Christiansen, Patricia) (Entered: 07/06/2021)

July 6, 2021 PACER
16

NOTICE of Attorney Appearance by Jon Erik Bell on behalf of School Board of Palm Beach County. Attorney Jon Erik Bell added to party School Board of Palm Beach County(pty:dft). (Bell, Jon) (Entered: 07/06/2021)

July 6, 2021 PACER
17

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Jose Cuellar served on 7/6/2021, answer due 7/27/2021. (Boyd, Samuel) (Entered: 07/06/2021)

July 6, 2021 PACER
18

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Howard Blocher served on 7/6/2021, answer due 7/27/2021. (Boyd, Samuel) (Entered: 07/06/2021)

July 6, 2021 PACER
19

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Brown served on 7/6/2021, answer due 7/27/2021. (Boyd, Samuel) (Entered: 07/06/2021)

July 6, 2021 PACER
20

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Donald Silva served on 7/6/2021, answer due 7/27/2021. (Boyd, Samuel) (Entered: 07/06/2021)

July 6, 2021 PACER
21

NOTICE of Attorney Appearance by Lisa A. Carmona on behalf of School Board of Palm Beach County. Attorney Lisa A. Carmona added to party School Board of Palm Beach County(pty:dft). (Carmona, Lisa) (Entered: 07/07/2021)

July 7, 2021 PACER
22

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Hannah Benton Eidsath. Filing Fee $ 200.00 Receipt # AFLSDC-14850033 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 7/29/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Boyd, Samuel) (Entered: 07/15/2021)

July 15, 2021 PACER
23

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jean Strout. Filing Fee $ 200.00 Receipt # AFLSDC-14850069 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 7/29/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Boyd, Samuel) (Entered: 07/15/2021)

July 15, 2021 PACER
24

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Joshua C Toll. Filing Fee $ 200.00 Receipt # AFLSDC-14850084 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 7/29/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Boyd, Samuel) (Entered: 07/15/2021)

July 15, 2021 PACER
25

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rachel Velcoff Hults. Filing Fee $ 200.00 Receipt # AFLSDC-14850163 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 7/29/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Boyd, Samuel) (Entered: 07/15/2021)

July 15, 2021 PACER
26

Clerk's Notice of Filing Deficiency Re: 25 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rachel Velcoff Hults. Filing Fee $ 200.00 Receipt # AFLSDC-14850163 filed by Florida State Conference of the National Association for the Advancement of Colored People, W. B., R. S., E. S., P. S., D. P., Disability Rights Florida, A. B., M. S., S. S., L. A., J. S., L. H.. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (cds) (Entered: 07/16/2021)

July 16, 2021 PACER
27

Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rachel Velcoff Hults. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 25 Motion to Appear Pro Hac Vice,, by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 7/30/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Boyd, Samuel) (Entered: 07/16/2021)

July 16, 2021 PACER

Clerk's Notice of Filing Deficiency

July 16, 2021 PACER
28

NOTICE of Change of Address, Email or Law Firm Name by Patricia Morales Christiansen (Christiansen, Patricia) (Entered: 07/21/2021)

July 21, 2021 PACER
29

PAPERLESS ORDER granting 22, 23, 24, and 27 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorneys Hannah Benton Eidsath, Jean Strout, Joshua C Toll, and Rachel Velcoff Hults. The Court reserves the power to withdraw permission for special appearance prior to and during the time of trial. Failure to abide by any Court order or failure to appear at any scheduled matter may result in immediate revocation of counsels pro hac vice status. Local counsel must be ready to adequately represent the party at any time, including conducting the actual trial. Signed by Judge Aileen M. Cannon on 7/23/2021. (jrt) (Entered: 07/23/2021)

July 23, 2021 PACER
30

PAPERLESS ORDER denying as moot 25 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rachel Velcoff Hults. Signed by Judge Aileen M. Cannon on 7/23/2021. (jrt) (Entered: 07/23/2021)

July 23, 2021 PACER
31

First AMENDED COMPLAINT against Daniel Alexander, Howard Blocher, Brown, Jose Cuellar, Donald Fennoy, II, Joseph M. Margolis, Jr, School Board of Palm Beach County, Jordan Lauginiger, filed by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. (Attachments: # 1 Summon(s))(Boyd, Samuel) (Entered: 07/26/2021)

1 Summon(s)

View on PACER

July 26, 2021 RECAP
32

NOTICE of Voluntary Dismissal of Officer Donald Silva by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S. (Boyd, Samuel) (Entered: 07/26/2021)

July 26, 2021 PACER
33

ORDER OF DISMISSAL AS TO DEFENDANT OFFICER DONALD SILVA, ONLY re 32 Notice of Voluntary Dismissal, filed by Florida State Conference of the National Association for the Advancement of Colored People, W. B., R. S., E. S., P. S., D. P., Disability Rights Florida, A. B., M. S., S. S., L. A., J. S., L. H., Signed by Judge Aileen M. Cannon on 7/27/2021. See attached document for full details. (cqs) (Entered: 07/28/2021)

July 27, 2021 PACER
34

Summons Issued as to Officer Jordan Lauginiger. (jas) (Entered: 07/28/2021)

July 28, 2021 PACER
35

NOTICE of Attorney Appearance by Eric Lawrence Stettin on behalf of Joseph M. Margolis, Jr. Attorney Eric Lawrence Stettin added to party Joseph M. Margolis, Jr(pty:dft). (Stettin, Eric) (Entered: 07/29/2021)

July 29, 2021 PACER
36

NOTICE of Attorney Appearance by Charles Mark Garabedian, Jr on behalf of Joseph M. Margolis, Jr. Attorney Charles Mark Garabedian, Jr added to party Joseph M. Margolis, Jr(pty:dft). (Garabedian, Charles) (Entered: 07/29/2021)

July 29, 2021 PACER
37

NOTICE of Attorney Appearance by Melissa M. Lewis on behalf of School Board of Palm Beach County. Attorney Melissa M. Lewis added to party School Board of Palm Beach County(pty:dft). (Lewis, Melissa) (Entered: 08/04/2021)

Aug. 4, 2021 PACER
38

SUMMONS (Affidavit) Returned Executed on 31 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. Officer Jordan Lauginiger served on 7/29/2021, answer due 8/12/2021; Daniel Alexander served on 7/29/2021, answer due 8/12/2021; Howard Blocher served on 7/29/2021, answer due 8/12/2021; Officer Johnny Brown served on 7/29/2021, answer due 8/12/2021; Jose Cuellar served on 7/29/2021, answer due 8/12/2021; Donald Fennoy, II served on 7/29/2021, answer due 8/12/2021; Officer Joseph M. Margolis, Jr. served on 7/29/2021, answer due 8/12/2021. (Boyd, Samuel) Modified Text to include Officer Jordan Lauginiger and Joseph Maroglis Jr. re served date on 8/6/2021 (cds). (Entered: 08/06/2021)

Aug. 6, 2021 PACER
39

ACKNOWLEDGMENT of Service by R. S., W. B., P. S., D. P., Florida State Conference of the National Association for the Advancement of Colored People, A. B., E. S., M. S., Disability Rights Florida, L. H., J. S., S. S., L. A.. (Boyd, Samuel) Modified Text/improper service method on 8/6/2021 (cds). (Entered: 08/06/2021)

Aug. 6, 2021 PACER
40

CERTIFICATE OF SERVICE by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S. re 31 Amended Complaint/Amended Notice of Removal, as to all defendants (Boyd, Samuel) (Entered: 08/06/2021)

Aug. 6, 2021 PACER

(DUPLICATE) Set Answer Due Deadline: Officer Jordan Lauginiger response due 8/12/2021; Joseph M. Margolis, Jr response due 8/12/2021. PER DE# 38 (cds) Modified Text/answer date on 8/6/2021 (cds).

Aug. 6, 2021 PACER

Set/Reset Answer Due Deadline: Officer Jordan Lauginiger response due 8/12/2021; Joseph M. Margolis, Jr response due 8/12/2021. PER DE# 38 (cds)

Aug. 6, 2021 PACER

~Util - Set/Reset Answer Due Deadline

Aug. 6, 2021 PACER
41

Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 5 Order by School Board of Palm Beach County. (Attachments: # 1 Text of Proposed Order)(Bell, Jon) (Entered: 08/09/2021)

1 Text of Proposed Order

View on RECAP

Aug. 9, 2021 RECAP
42

PAPERLESS ORDER granting 41 Motion for Clarification. The deadline for Defendants to file a response to Plaintiffs' Amended Complaint is extended to August 19, 2021. Defendants shall submit a single combined response or separate answers. To the extent that any of the Defendants have differing positions, any such divergence can be made apparent in separate sections in the single combined response. Signed by Judge Aileen M. Cannon on 8/10/2021. (jrt) (Entered: 08/10/2021)

Aug. 10, 2021 PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

Aug. 10, 2021 PACER
43

MOTION for Leave to File Excess Pages or, in the Alternative, to File a Separate Response by Joseph M. Margolis, Jr. (Garabedian, Charles) (Entered: 08/17/2021)

Aug. 17, 2021 RECAP
44

PAPERLESS ORDER granting 43 Defendant Joseph Margolis' Unopposed Motion for Leave to File Excess Pages. Defendants shall jointly submit a single combined response not to exceed 40 pages, double-spaced, in 12-point Times New Roman font. The deadline to submit the combined response remains August 19, 2021. Signed by Judge Aileen M. Cannon on 8/18/2021. (jrt) (Entered: 08/18/2021)

Aug. 18, 2021 PACER

Order on Motion for Leave to File Excess Pages

Aug. 18, 2021 PACER
45

MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Daniel Alexander, Howard Blocher, Officer Johnny Brown, Jose Cuellar, Donald Fennoy, II, Officer Jordan Lauginiger, Joseph M. Margolis, Jr, School Board of Palm Beach County. Responses due by 9/2/2021 (Attachments: # 1 Exhibit A)(Garabedian, Charles) (Entered: 08/19/2021)

Aug. 19, 2021 PACER
46

PAPERLESS ORDER: Pursuant to 28 U.S.C. ยง 636 and Local Magistrate Judge Rule 1, it is ORDERED that Defendants' Motion to Dismiss Plaintiffs' First Amended Complaint 45 is REFERRED to Magistrate Judge Bruce E. Reinhart for a Report and Recommendation. Signed by Judge Aileen M. Cannon on 8/20/2021. (jrt) (Entered: 08/20/2021)

Aug. 20, 2021 PACER
47

Order Requiring Joint Scheduling Report And Certificates of Interested Parties. Joint Scheduling Report due by 9/30/2021 Signed by Judge Aileen M. Cannon on 8/20/2021. See attached document for full details. (vmz) (Entered: 08/20/2021)

Aug. 20, 2021 RECAP

Order Referring Motion

Aug. 20, 2021 PACER
48

MOTION for Extension of Time to File Opposition re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 9/7/2021 (Attachments: # 1 Text of Proposed Order)(Boyd, Samuel) (Entered: 08/23/2021)

Aug. 23, 2021 PACER
49

PAPERLESS ORDER granting 48 Plaintiffs' Unopposed Motion for Extension of Time to File Opposition to Defendants' Motion to Dismiss. Plaintiffs shall file a response to Defendants' Motion to Dismiss on or before September 13, 2021. Signed by Judge Aileen M. Cannon on 8/24/2021. (jrt) Modified on 8/30/2021 (tgs). (fixed error) (Entered: 08/24/2021)

Aug. 24, 2021 PACER

Reset Deadlines Per DE#49. Responses due by 9/13/2021 (cqs)

Aug. 24, 2021 PACER

Order on Motion for Extension of Time

Aug. 24, 2021 PACER

~Util - Set/Reset Deadlines/Hearings

Aug. 24, 2021 PACER
50

RESPONSE in Opposition re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Replies due by 9/20/2021. (Boyd, Samuel) (Entered: 09/13/2021)

Sept. 13, 2021 PACER
51

Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 50 Response in Opposition to Motion, and to File Reply in Excess of Ten Pages by School Board of Palm Beach County. (Attachments: # 1 Text of Proposed Order)(Bell, Jon) (Entered: 09/16/2021)

Sept. 16, 2021 PACER
52

PAPERLESS ORDER granting 51 Defendants' Unopposed Motion for Extension of Time to File Reply. The deadline for Defendants to file a joint reply is extended to September 30, 2021. The Defendants joint reply may not exceed 20 pages in length. Signed by Magistrate Judge Bruce E. Reinhart on 9/17/2021. (jgy) (Entered: 09/17/2021)

Sept. 17, 2021 PACER

Order on Motion for Extension of Time to File Response/Reply/Answer

Sept. 17, 2021 PACER
53

Joint SCHEDULING REPORT - Rule 16.1 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S. (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Boyd, Samuel) (Entered: 09/30/2021)

Sept. 30, 2021 PACER
54

Defendant's REPLY to Response to Motion re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Daniel Alexander, Howard Blocher, Officer Johnny Brown, Jose Cuellar, Donald Fennoy, II, Officer Jordan Lauginiger, Joseph M. Margolis, Jr, School Board of Palm Beach County. Attorney Jon Erik Bell added to party Daniel Alexander(pty:dft), Attorney Jon Erik Bell added to party Howard Blocher(pty:dft), Attorney Jon Erik Bell added to party Officer Johnny Brown(pty:dft), Attorney Jon Erik Bell added to party Jose Cuellar(pty:dft), Attorney Jon Erik Bell added to party Donald Fennoy, II(pty:dft), Attorney Jon Erik Bell added to party Officer Jordan Lauginiger(pty:dft). (Bell, Jon) (Entered: 09/30/2021)

Sept. 30, 2021 PACER
55

Plaintiff's MOTION to Seal Certificate of Interested Persons per Local Rule 5.4 by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. (Attachments: # 1 Text of Proposed Order, # 2 CIP Redacted) (Boyd, Samuel) (Entered: 09/30/2021)

Sept. 30, 2021 PACER

SYSTEM ENTRY - Docket Entry 56 [misc] restricted/sealed until further notice. (1938093)

Sept. 30, 2021 PACER
57

Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Joseph M. Margolis, Jr (Garabedian, Charles) (Entered: 09/30/2021)

Sept. 30, 2021 PACER

Order

Sept. 30, 2021 PACER
58

Clerks Notice to Filer re 54 Reply to Response to Motion,,,. Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to all Parties. The Clerk has added the attorney to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. (cds) (Entered: 10/01/2021)

Oct. 1, 2021 PACER

Clerks Notice of Docket Correction and Instruction to Filer - Attorney

Oct. 1, 2021 PACER
59

PAPERLESS ORDER granting 55 Plaintiffs' Motion for Leave to File their Certificate of Interested Parties Under Seal. The Court reminds the parties that filing documents under seal without prior Court approval is prohibited. Signed Judge Aileen M. Cannon on 10/4/2021. (jrt) (Entered: 10/04/2021)

Oct. 4, 2021 PACER
60

ORDER SETTING TRIAL, SETTING PRE-TRIAL DEADLINES, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 1/30/2023 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 1/24/2023 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Amended Pleadings due by 11/18/2021., Discovery due by 9/19/2022., Expert Discovery due by 9/19/2022., Joinder of Parties due by 11/18/2021., Mediation Deadline 10/13/2022., In Limine Motions due by 12/27/2022., Dispositive Motions due by 10/14/2022., Motions due by 10/14/2022., Pretrial Stipulation due by 12/27/2022.), ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Discovery Matters. Signed by Judge Aileen M. Cannon on 10/4/2021. See attached document for full details. (cds) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 10/05/2021)

Oct. 4, 2021 PACER

Order on Motion to Seal

Oct. 4, 2021 PACER
61

ORDER SETTING DISCOVERY STATUS CONFERENCE. Telephonic Final Discovery Status Conference set for 8/19/2022 01:00 PM before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 10/5/2021. See attached document for full details. (cds) (Entered: 10/05/2021)

Oct. 5, 2021 PACER
62

STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 10/5/2021. See attached document for full details. (cds) (Entered: 10/05/2021)

Oct. 5, 2021 PACER

SYSTEM ENTRY - Docket Entry 63 [order] restricted/sealed until further notice. (dj)

Oct. 5, 2021 PACER

Order

Oct. 5, 2021 PACER
64

Joint MOTION to Appoint Mediator and Schedule Mediation Conference by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S.. Responses due by 11/4/2021 (Attachments: # 1 Text of Proposed Order Proposed Order Scheduling Mediation)(Boyd, Samuel) (Entered: 10/21/2021)

Oct. 21, 2021 PACER
65

JOINT PROPOSED NOTICE SCHEDULING MEDIATION. Selected/Added Rodney Romano as Mediator. Mediation Hearing set for 09/16/2022 at 09:00 a.m. (For Image See DE# 64 ) (cds) (Entered: 10/21/2021)

Oct. 21, 2021 PACER
66

Clerks Notice to Filer re 64 Joint MOTION to Appoint Mediator and Schedule Mediation Conference. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, See DE# 65 . It is not necessary to refile this document. (cds) (Entered: 10/21/2021)

Oct. 21, 2021 PACER

Notice of Mediator Selection and/or Hearing

Oct. 21, 2021 PACER

Clerks Notice of Docket Correction and Instruction to Filer - Attorney

Oct. 21, 2021 PACER
67

ORDER Scheduling Mediation before Rodney Romano. Mediation Hearing set for 9/16/2022 09:00 AM. Signed by Judge Aileen M. Cannon on 10/22/2021. See attached document for full details. (cds) (Entered: 10/22/2021)

Oct. 22, 2021 PACER
68

PAPERLESS NOTICE of Hearing: re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM Motion Hearing set for 11/9/2021 02:00 PM in Fort Pierce Division before Judge Aileen M. Cannon. This is an in-person hearing. Prior to your courthouse visit, please click here to view our COVID-19 Rules and Procedures. (tgs) (Entered: 10/26/2021)

Oct. 26, 2021 PACER

NOTICE of HEARING (or CANCELLATION)

Oct. 26, 2021 PACER
69

PAPERLESS NOTICE OF CANCELLATION OF HEARING: re 68 PAPERLESS NOTICE of Hearing: Motion Hearing set for 11/9/2021 02:00 PM in Fort Pierce Division before Judge Aileen M. Cannon. (jrt) (Entered: 10/27/2021)

Oct. 27, 2021 PACER

Hearing terminated Per DE#69. (cqs)

Oct. 27, 2021 PACER

NOTICE of HEARING (or CANCELLATION)

Oct. 27, 2021 PACER

~Util - Terminate Deadlines and Hearings

Oct. 27, 2021 PACER
70

PAPERLESS ORDER directing Plaintiff Florida NAACP to RESPOND. In the Motion to Dismiss, Defendant Officer Margolis argues that Plaintiff FL NAACP lacks standing to assert claims against Officer Margolis. See ECF No. 45 at 30-31. Plaintiff FL NAACP did not respond to that argument in its Response. ECF No. 50. A federal court is obligated to inquire into subject matter jurisdiction sua sponte whenever it may be lacking. Univ. of S. Ala. v. Am. Tobacco Co., 168 F.3d 405, 410 (11th Cir. 1999). Whether a plaintiff has standing under Article IIIwhich limits the cases or controversies a federal court can entertaindirectly implicates a federal courts subject matter jurisdiction, and is a threshold jurisdictional question which must be addressed prior to and independent of the merits of a partys claims. Bochese v. Town of PonceInlet, 405 F.3d 964, 974(11th Cir. 2005) (citations and internal quotation marks omitted). The Court finds it necessary to review FL NAACP's standing not just in its claims against Defendant Officer Margolis, but all Defendants. Therefore, by no later than November 22, 2021, Plaintiff FL NAACP shall provide the Court with supplemental briefing on the limited issue of whether this Court has Article III standing to adjudicate Plaintiff FL NAACP's claims against Defendants. Defendants may file a singular response brief by no later than November 30, 2021.No reply brief shall be filed unless ordered by the Court. Each party shall limit its brief to 10 pages. Signed by Magistrate Judge Bruce E. Reinhart on 11/8/2021. (jgy) (Entered: 11/08/2021)

Nov. 8, 2021 PACER

- Order (PAPERLESS or pdf attached)

Nov. 8, 2021 PACER
71

SUPPLEMENT to 50 Response in Opposition to Motion, filed by order of the Court of November 8, 2021 70 by Florida State Conference of the National Association for the Advancement of Colored People (Boyd, Samuel) (Entered: 11/22/2021)

Nov. 22, 2021 PACER
72

RESPONSE to Motion re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM and Response to Plaintiff FL NAACP's Supplemental Brief Regarding Standing 71 filed by School Board of Palm Beach County. Replies due by 12/7/2021. (Bell, Jon) (Entered: 11/30/2021)

Nov. 30, 2021 RECAP
73

REPORT AND RECOMMENDATIONS re 45 Defendants' MOTION TO DISMISS 31 Amended Complaint recommending the Motion to Dismiss be Granted in Part and Denied in Part. Objections to R&R due by 12/28/2021. Signed by Magistrate Judge Bruce E. Reinhart on 12/14/2021. See attached document for full details. (jgy) (Entered: 12/14/2021)

Dec. 14, 2021 PACER
74

NOTICE by L. A., A. B., W. B., Disability Rights Florida, Florida State Conference of the National Association for the Advancement of Colored People, L. H., D. P., E. S., J. S., M. S., P. S., R. S., S. S. re 73 REPORT AND RECOMMENDATIONS re 45 MOTION TO DISMISS 31 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Officer Johnny Brown, Joseph M. Margolis, Jr., Officer Jordan Lauginiger, Jose Cuellar, Donald of Non-Opposition to Report and Recommendations (Boyd, Samuel) (Entered: 12/17/2021)

Dec. 17, 2021 PACER
75

NOTICE by School Board of Palm Beach County (Bell, Jon) (Entered: 12/20/2021)

Dec. 20, 2021 PACER
76

NOTICE by Joseph M. Margolis, Jr of Non-Objection to Report and Recommendation (Garabedian, Charles) (Entered: 12/20/2021)

Dec. 20, 2021 PACER

State / Territory: Florida

Case Type(s):

Mental Health (Facility)

Key Dates

Filing Date: June 22, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Students who attended school in the School District of Palm Beach County who were subjected to involuntary examination or were at risk of involuntary examination.

Plaintiff Type(s):

Non-profit NON-religious organization

Private Plaintiff

Attorney Organizations:

Legal Services/Legal Aid

Southern Poverty Law Center

National Center for Youth Law

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

School District of Palm Beach County (Palm Beach), School District

School District of Palm Beach County Police Department (Palm Beach), School District

Defendant Type(s):

Elementary/Secondary School

Jurisdiction-wide

Law-enforcement

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Confinement/isolation

Education

Juveniles

Discrimination-basis:

Disability (inc. reasonable accommodations)

Race discrimination

Race:

Black

Disability:

Mental impairment

Mental Disability:

Autism

Mental Illness, Unspecified

Medical/Mental Health:

Intellectual/Developmental Disability