Case: Equality Florida v. DeSantis

4:22-cv-00134 | U.S. District Court for the Northern District of Florida

Filed Date: March 31, 2022

Case Ongoing

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Case Summary

This case, filed on March 31, 2022, challenged Florida House Bill 1557, the Florida statute widely known as the "Don't Say Gay" law. H.B. 1557 banned any school instruction on "sexual orientation and gender identity." Equality Florida and Family Equality, two non-profit, public interest organizations, together with individual students, parents, and a teachers brought this suit against the State of Florida, Florida Department of Education, the Florida Board of Education, state officials in their individual capacities, and various Florida school boards.The plaintiffs brought this suit under 42 U.S.C. §1983 in the U.S. District Court for the Northern District of Florida, alleging constitutional and statutory violations. Specifically, the plaintiffs alleged that H.B. 1557 violated their First Amendment right to receive information, their guarantee of free expression, and their right to be free from overly broad laws that restrict speech. The plaintiffs also alleged constitutional claims of vagueness and overbroadness, equal protection violations of the Fourteenth Amendment, and statutory violations of Title IX. The plaintiffs sought declaratory and injunctive relief to prevent H.B. 1557 from ever taking effect, as well as damages for harms suffered prior to enforcement. The case was assigned to U.S. District Court Judge Allen Winsor and Magistrate Judge Michael J. Frank.

According to the complaint, H.B. 1557 aimed to eliminate any recognition or discussion of LGBTQ persons in public schools. The statute did not define the subject matter of the speech it sought to prohibit. Specifically, it did not define any of the operative terms in its text: “classroom instruction,” “sexual orientation,” and “gender identity” were left undefined. The law also did not define the actors whose speech was restricted by the law. Further, H.B. 1557 applied to any grade where “classroom instruction” was not “age-appropriate” or “in accordance with state standards,” none of which were defined, leaving teachers and schools guessing as to how to comply. Finally, H.B. 1557 permitted parents to sue school districts for violations of H.B. 1557, with no limit on when they could initiate an action. Presented with vague prohibitions and the threat of litigation, the complaint alleged that Florida teachers and schools would be chilled from discussing LGBTQ people, and LGBTQ students would be stigmatized, ostracized, and denied educational opportunities accessible to their non-LGBTQ peers. The complaint alleged that this was the purpose of the bill, as evidenced by legislative history, comments by the bill’s sponsors, and refusal to add language that would mitigate the bill’s chilling effect. The plaintiffs claimed that H.B. 1557 was discriminatory in both purpose and effect, and engendered a feeling of inferiority in violation of equal protection principles. The law stigmatized LGBTQ students and created and exacerbated environments where LGBTQ students were more likely to do poorly in school, experience bullying and harassment, and experience greater risks to their mental and physical health. Finally, the law discriminated against LGBTQ parents, teachers, and other school personnel by denying their existence and ability to speak freely in schools.

The plaintiffs amended their complaint on May 25, 2022. The amended complaint replaced some of the original plaintiffs and added more detail to the factual allegations, but otherwise maintained the substance of the original complaint.

In June 2022, the various school boards named as defendants in the case filed motions to dismiss for improper venue or lack of subject matter jurisdiction. The school boards argued that they were nominal parties with virtually no relationship to the dispute, or that the plaintiffs lacked standing to bring their claims because the statute had not yet gone into effect. Florida also filed a motion to dismiss on June 27, 2022, on behalf of the state defendants. It argued that H.B. 1557 was clear in its prohibition, neutral as to sexual orientation and gender identity, and narrow in its remedial scheme. Using dictionary definitions, the state argued that H.B. 1557 limited instruction on sexual orientation and gender identity, which differed from mere discussion or references to such topics. The state argued that sovereign immunity barred much of the relief sought: the exception to sovereign immunity under Ex parte Young—for suits seeking prospective injunctive relief against individual state officials—did not apply to the state agency defendants, and the state officials’ general executive power to sign H.B. 1557 into law or general enforcement duties, without more, was not enough to establish jurisdiction over them. The state also argued that the plaintiffs had failed to establish injury in fact, redressability, and traceability, and thus lacked standing to sue. Finally, the state argued that the plaintiffs had failed to state claims. According to the state, the First Amendment claim failed because (i) classroom instruction was government speech not subject to traditional First Amendment scrutiny and (ii) restrictions on student speech during school-sponsored activities must only be reasonably related to a legitimate pedagogical interest. The bill, the state argued, neutrally limited public education on gender identity and sexual orientation conducted from any point of view. The Florida legislature reasonably could have concluded that the bill would thereby advance the State’s interest in educational neutrality on matters of political controversy, including gender identity and sexual orientation. It didn’t matter what the legislature’s actual motives were; it only mattered what their motives could have been. The plaintiffs’ Fourteenth Amendment claim also failed because the plaintiffs failed to allege individual harm or differential treatment and failed to allege how the bill denied equal protection. Further, the Fourteenth Amendment claim failed because H.B. 1557 restricted only classroom instruction, which is government speech, to which the Fourteenth Amendment does not apply. Finally, the plaintiffs’ Title XI claim failed because the challenged provision of H.B. 1557 regulated only classroom instruction—meaning curricular materials—and Title XI did not require, abridge, or prohibit the use of any particular curricular materials.

On July 1, 2022, the defendants moved to stay discovery while their motion to dismiss was pending. They argued that a facial challenge to the sufficiency of a claim, such as a motion to dismiss, should be resolved before discovery began. The court granted the stay on July 21, 2022. The plaintiffs moved to lift the stay on September 12, 2022, arguing that facts on the ground had changed materially in the eight weeks since the stay had been granted, as H.B. 1557 went into effect in schools for the just-begun fall semester.

Meanwhile, the District of Columbia and states of New Jersey, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, and Oregon filed an amicus brief on August 3, 2022 in support of the plaintiffs’ opposition to the motion to dismiss. The amici states argued that H.B. 1557 lacked a legitimate pedagogical purpose, since the amici states allowed educators to address LGBTQ issues, which showed that there was no legitimate reason to ban them. Further, the amici states argued that the law would stigmatize and harm LGBTQ youth in both Florida and the amici states. A failure to provide LGBTQ-inclusive classroom instruction would adversely affect LGBTQ students’ mental health and learning outcomes, and would result in increased anti-LGBTQ bias.

On September 29, 2022, the court denied the plaintiffs’ motion to lift the stay of discovery and granted the school boards’ and state defendants’ motions to dismiss. The court held that the individual plaintiffs lacked standing because they had not shown traceability or redressability for their harms: (i) the alleged harm was tied only to the law’s existence, not its enforcement; no injunction could unwind the passage of the law and (ii) the plaintiffs failed to show that teachers would be teaching LGBTQ issues but for H.B. 1557. Further, the plaintiffs failed to show that H.B. 1557 forbade the chilled speech and that exercising the chilled speech would have real consequences. The law was enforced against school districts, not individuals, so the plaintiffs needed to have shown how individuals would be impacted by enforcement of the law. As to the plaintiffs’ vagueness and First Amendment claims, the court held that the plaintiffs’ alleged future actions impacted by H.B. 1557 (e.g., removing a rainbow flag from a classroom, attending school events as same-sex parents) were not encompassed by “classroom instruction,” so the law was neither vague as applied to them nor a catalyst for self-censorship of otherwise protected speech.

The individual plaintiffs’ claims of stigmatic injury were also dismissed because fear, without showing that the individual plaintiffs have been personally harmed by such fear, is not sufficient to allege stigmatic injury. The court also held that the organizational plaintiffs did not have standing, neither on behalf of their members nor on their own. The individual members did not have standing under the reasoning above. The organizations on their own did not have standing because diversion of resources, while a possible way to establish standing, was not a cognizable harm when marshaled in opposition to legislation because it was not related to the law’s enforcement. Finally, because the court was allowing the plaintiffs the opportunity to replead, the court briefly addressed the issue of Eleventh Amendment immunity. Because Ex parte Young created a narrow exception to immunity for prospective injunctive relief against individual state officials, the court analyzed the applicability of Ex parte Young to each defendant. Eleventh Amendment immunity precluded § 1983 claims, but not the plaintiffs’ Title XI claims, against the Florida Department of Education and the Florida State Board of Education. Eleventh Amendment immunity applied to the claims against the Commissioner of Education, because his office did not grant him power to enforce the law, which is required for Ex parte Young to apply. However, the State Board of Education could not assert immunity because it was the entity tasked with enforcing H.B. 1557. The court dismissed the plaintiffs' amended complaint.

In response to the grant of dismissal, the plaintiffs filed their second amended complaint on October 27, 2022. The amended complaint addressed concrete harms inflicted upon the plaintiffs since the law took effect in July 2022. For example, citing concerns over H.B. 1557, school board members in Miami-Dade County voted overwhelmingly to reject a measure that would have made October LGBTQ History Month. Student plaintiffs were thus denied educational resources and curricular content that they were interested in, such as lessons on the Supreme Court’s landmark LGBTQ cases. Teachers were also unwilling to serve as faculty advisors to Gay-Straight Alliances, for fear of violating H.B. 1557. Therefore, the plaintiffs argued, H.B. 1557 resulted in changes in behavior at every level of Florida’s public school systems. While the law provided for liability to be imposed on school districts alone, school districts sought to structure the behavior of school personnel, students, and everyone else who came into contact with the school system so as to avoid litigation. And students, teachers, other school personnel, and parents, aware of the threat of discipline, acted accordingly. The amended complaint also incorporated previously argued points around stigma and the effects of inclusive and non-inclusive environments on mental health of LGBTQ students. Finally, the amended complaint updated the defendants named in the counts, in accordance with the court’s holdings on Eleventh Amendment immunity.

On November 30, 2022, the defendants filed various motions to dismiss for failure to state a claim. The states of Texas, Alabama, Alaska, Arkansas, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Nebraska, Oklahoma, South Carolina, Virginia, and West Virginia filed an amicus brief in support of the defendants on December 7, 2022. Two weeks later, the plaintiffs filed a memorandum of law in opposition to the motions to dismiss.

On February 15, 2023, the district court granted the motions to dismiss, holding that the plaintiffs had again failed to allege facts sufficient to establish standing. The court wrote that although the new complaint added new facts, it suffered the same defect as the earlier complaint. It sought to vindicate the plaintiffs’ strong disagreement with the law and the sentiment they perceived motivated it, but that interest, without more, did not implicate Article III jurisdiction.The plaintiffs appealed the district court’s decision on March 15, 2023. On March 28, 2023, the defendants filed a cross-appeal of the same order. Shortly thereafter, on April 19, 2023, the Florida State Legislature passed an expansion of H.B. 1557, which banned lessons on LGBTQ issues for grades 4-12 (the previous version only banned instruction on such issues in grades K-3).

	Document
1 4:22-cv-00134	Complaint Complaint	March 31, 2022	March 31, 2022 Complaint
96-1 4:22-cv-00134	Brief of the District of Columbia and the States of New Jersey, California, Colorado, Connecticut, Delaware, Hawaii, Illinois, Maine, Maryland, Massachusetts, Michigan, Minnesota, Nevada, New York, and Oregon as Amici Curiae in Support of Plaintiffs	Aug. 3, 2022	Aug. 3, 2022 Pleading / Motion / Brief
120 4:22-cv-00134	Order on Motions to Dismiss Equality Florida v. Florida State Board of Education	Sept. 29, 2022	Sept. 29, 2022 Order/Opinion 2022 WL 19263602
123 4:22-cv-00134	Second Amended Complaint M.A. v. Florida State Board of Education	Oct. 27, 2022	Oct. 27, 2022 Complaint
140-1 4:22-cv-00134	Brief of the States of Texas, Alabama, Alaska, Arkansas, Georgia, Indiana, Kentucky, Louisiana, Mississippi, Nebraska, Oklahoma, South Caroline, Virginia, and West Virginia as Amici Curiae in Support of Defendants Equality Florida v. Florida State Board of Education	Dec. 7, 2022	Dec. 7, 2022 Pleading / Motion / Brief
158 4:22-cv-00134	Order of Dismissal M.A. v. Florida State Board of Education	Feb. 15, 2023	Feb. 15, 2023 Order/Opinion 2023 WL 2631071

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT against MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, RICHARD CORCORAN, RONALD D DESANTIS, FLORIDA DEPARTMENT OF EDUCATION, FLORIDA STATE BOARD OF EDUCATION, BEN GIBSON, THOMAS R GRADY, JACKSON COUNTY SCHOOL BOARD, RYAN PETTY, SCHOOL BOARD OF MANATEE COUNTY, SCHOOL BOARD OF MIAMI-DADE COUNTY, SCHOOL BOARD OF SARASOTA COUNTY, ST JOHNS COUNTY SCHOOL BOARD, JOE YORK ( Filing fee $ 402 receipt number AFLNDC-6887808.), filed by LOURDES CASARES, RABBI AMY MORRISON, FAMILY EQUALITY, EQUALITY FLORIDA, LINDSEY BINGHAM SHOOK, JANE DOE, M A, DAN VANTICE, KIMBERLY FEINBERG, ANITA HATCHER POWDERLY, DR CECILE HOURY, ZANDER MORICZ, BRENT VANTICE, LINDSAY MCCLELLAND. (Attachments: # 1 Proposed Summons to Ronald D. DeSantis, # 2 Proposed Summons to Florida State Board of Education, # 3 Proposed Summons to Thomas R. Grady, # 4 Proposed Summons to Ben Gibson, # 5 Proposed Summons to Monesia Brown, # 6 Proposed Summons to Esther Byrd, # 7 Proposed Summons to Grazie P. Christie, # 8 Proposed Summons to Ryan Petty, # 9 Proposed Summons to Joe York, # 10 Proposed Summons to Richard Corcoran, # 11 Proposed Summons to Florida Department of Education, # 12 Proposed Summons to School Board of Manatee County, # 13 Proposed Summons to Sarasota County, # 14 Proposed Summons to School Board of Miami-Dade County, # 15 Proposed Summons to St. Johns, # 16 Proposed Summons to Jackson County School Board) (KAPLAN, ROBERTA) (Entered: 03/31/2022) 1 Proposed Summons to Ronald D. DeSantis View on PACER 2 Proposed Summons to Florida State Board of Education View on PACER 3 Proposed Summons to Thomas R. Grady View on PACER 4 Proposed Summons to Ben Gibson View on PACER 5 Proposed Summons to Monesia Brown View on PACER 6 Proposed Summons to Esther Byrd View on PACER 7 Proposed Summons to Grazie P. Christie View on PACER 8 Proposed Summons to Ryan Petty View on PACER 9 Proposed Summons to Joe York View on PACER 10 Proposed Summons to Richard Corcoran View on PACER 11 Proposed Summons to Florida Department of Education View on PACER 12 Proposed Summons to School Board of Manatee County View on PACER 13 Proposed Summons to Sarasota County View on PACER 14 Proposed Summons to School Board of Miami-Dade County View on PACER 15 Proposed Summons to St. Johns View on PACER 16 Proposed Summons to Jackson County School Board View on PACER	March 31, 2022	March 31, 2022 RECAP
2	CIVIL COVER SHEET. (Attachments: # 1 Civil Cover Sheet Addendum) (KAPLAN, ROBERTA) (Entered: 03/31/2022)	March 31, 2022	March 31, 2022 PACER
3	Corporate Disclosure Statement/Certificate of Interested Persons by EQUALITY FLORIDA. (KAPLAN, ROBERTA) (Entered: 03/31/2022)	March 31, 2022	March 31, 2022 PACER
4	Corporate Disclosure Statement/Certificate of Interested Persons by FAMILY EQUALITY. (KAPLAN, ROBERTA) (Entered: 03/31/2022)	March 31, 2022	March 31, 2022 PACER
5	MOTION to Appear Pro Hac Vice by Roberta A. Kaplan.( Filing fee $ 208 receipt number AFLNDC-6888116.) by M A, LOURDES CASARES, JANE DOE, EQUALITY FLORIDA, FAMILY EQUALITY, KIMBERLY FEINBERG, DR CECILE HOURY, LINDSAY MCCLELLAND, ZANDER MORICZ, RABBI AMY MORRISON, ANITA HATCHER POWDERLY, LINDSEY BINGHAM SHOOK, BRENT VANTICE, DAN VANTICE. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing) (KAPLAN, ROBERTA) (Entered: 03/31/2022)	March 31, 2022	March 31, 2022 PACER
6	MOTION to Appear Pro Hac Vice by Joshua Matz.( Filing fee $ 208 receipt number AFLNDC-6888441.) by M A, LOURDES CASARES, JANE DOE, EQUALITY FLORIDA, FAMILY EQUALITY, KIMBERLY FEINBERG, DR CECILE HOURY, LINDSAY MCCLELLAND, ZANDER MORICZ, RABBI AMY MORRISON, ANITA HATCHER POWDERLY, LINDSEY BINGHAM SHOOK, BRENT VANTICE, DAN VANTICE. (Attachments: # 1 Exhibit 1 - Certificates of Good Standing) (MATZ, JOSHUA) (Entered: 03/31/2022) 1 Exhibit 1 - Certificates of Good Standing View on PACER	March 31, 2022	March 31, 2022 PACER
7	MOTION to Appear Pro Hac Vice by John C. Quinn.( Filing fee $ 208 receipt number AFLNDC-6888959.) by M A, LOURDES CASARES, JANE DOE, EQUALITY FLORIDA, FAMILY EQUALITY, KIMBERLY FEINBERG, DR CECILE HOURY, LINDSAY MCCLELLAND, ZANDER MORICZ, RABBI AMY MORRISON, ANITA HATCHER POWDERLY, LINDSEY BINGHAM SHOOK, BRENT VANTICE, DAN VANTICE. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing) (QUINN, JOHN) (Entered: 03/31/2022)	March 31, 2022	March 31, 2022 PACER
8	MOTION to Appear Pro Hac Vice by Valerie L. Hletko.( Filing fee $ 208 receipt number AFLNDC-6889010.) by M A, LOURDES CASARES, JANE DOE, EQUALITY FLORIDA, FAMILY EQUALITY, KIMBERLY FEINBERG, DR CECILE HOURY, LINDSAY MCCLELLAND, ZANDER MORICZ, RABBI AMY MORRISON, ANITA HATCHER POWDERLY, LINDSEY BINGHAM SHOOK, BRENT VANTICE, DAN VANTICE. (Attachments: # 1 Exhibit 1 - Certificates of Good Standing) (HLETKO, VALERIE) (Entered: 03/31/2022)	March 31, 2022	March 31, 2022 PACER
9	MOTION to Appear Pro Hac Vice by D. Brandon Trice.( Filing fee $ 208 receipt number AFLNDC-6889086.) by M A, LOURDES CASARES, JANE DOE, EQUALITY FLORIDA, FAMILY EQUALITY, KIMBERLY FEINBERG, DR CECILE HOURY, LINDSAY MCCLELLAND, ZANDER MORICZ, RABBI AMY MORRISON, ANITA HATCHER POWDERLY, LINDSEY BINGHAM SHOOK, BRENT VANTICE, DAN VANTICE. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing) (TRICE, D) (Entered: 03/31/2022)	March 31, 2022	March 31, 2022 PACER
10	NOTICE of Appearance by ELIZABETH FRANCES SCHWARTZ on behalf of All Plaintiffs (SCHWARTZ, ELIZABETH) (Entered: 03/31/2022)	March 31, 2022	March 31, 2022 PACER
	ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 9 MOTION to Appear Pro Hac Vice by D. Brandon Trice.( Filing fee $ 208 receipt number AFLNDC-6889086.), 6 MOTION to Appear Pro Hac Vice by Joshua Matz.( Filing fee $ 208 receipt number AFLNDC-6888441.), 5 MOTION to Appear Pro Hac Vice by Roberta A. Kaplan.( Filing fee $ 208 receipt number AFLNDC-6888116.), 11 MOTION to Appear Pro Hac Vice by Kate L. Doniger.( Filing fee $ 208 receipt number AFLNDC-6893983.), 8 MOTION to Appear Pro Hac Vice by Valerie L. Hletko.( Filing fee $ 208 receipt number AFLNDC-6889010.), 7 MOTION to Appear Pro Hac Vice by John C. Quinn.( Filing fee $ 208 receipt number AFLNDC-6888959.). Referred to MICHAEL J FRANK. (bkp)	April 1, 2022	April 1, 2022 PACER
11	MOTION to Appear Pro Hac Vice by Kate L. Doniger.( Filing fee $ 208 receipt number AFLNDC-6893983.) by M A, LOURDES CASARES, JANE DOE, EQUALITY FLORIDA, FAMILY EQUALITY, KIMBERLY FEINBERG, DR CECILE HOURY, LINDSAY MCCLELLAND, ZANDER MORICZ, RABBI AMY MORRISON, ANITA HATCHER POWDERLY, LINDSEY BINGHAM SHOOK, BRENT VANTICE, DAN VANTICE. (Attachments: # 1 Exhibit 1 - Certificate of Good Standing) (DONIGER, KATE) (Entered: 04/01/2022)	April 1, 2022	April 1, 2022 PACER
12	Summons Issued as to MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, RICHARD CORCORAN, RONALD D DESANTIS, FLORIDA DEPARTMENT OF EDUCATION, FLORIDA STATE BOARD OF EDUCATION, BEN GIBSON, THOMAS R GRADY, JACKSON COUNTY SCHOOL BOARD, RYAN PETTY, SCHOOL BOARD OF MANATEE COUNTY, SCHOOL BOARD OF MIAMI-DADE COUNTY, SCHOOL BOARD OF SARASOTA COUNTY, ST JOHNS COUNTY SCHOOL BOARD, JOE YORK. (bkp) (Entered: 04/01/2022)	April 1, 2022	April 1, 2022 PACER
13	ORDER - The Motion to Appear Pro Hac Vice of Roberta A. Kaplan, Doc. 5, of Joshua Matz, Doc. 6, of John C. Quinn, Doc. 7, of Valerie L. Hletko, Doc. 8, of D. Brandon Trice, Doc. 9, of Kate L. Doniger, Doc. 11, is GRANTED. Pursuant to Local Rule 11.1(C), the attorneys listed above are admitted pro hac vice on behalf of Plaintiffs. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 4/1/2022. (jcw) (Entered: 04/01/2022)	April 1, 2022	April 1, 2022 RECAP
14	NOTICE of Appearance by DANIEL WILLIAM BELL on behalf of MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, RICHARD CORCORAN, RONALD D DESANTIS, FLORIDA DEPARTMENT OF EDUCATION, FLORIDA STATE BOARD OF EDUCATION, BEN GIBSON, THOMAS R GRADY, RYAN PETTY, JOE YORK (BELL, DANIEL) (Entered: 04/01/2022)	April 1, 2022	April 1, 2022 PACER
15	NOTICE of Appearance by HENRY CHARLES WHITAKER on behalf of MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, RICHARD CORCORAN, RONALD D DESANTIS, FLORIDA DEPARTMENT OF EDUCATION, FLORIDA STATE BOARD OF EDUCATION, BEN GIBSON, THOMAS R GRADY, RYAN PETTY, JOE YORK (WHITAKER, HENRY) (Entered: 04/01/2022)	April 1, 2022	April 1, 2022 PACER
16	NOTICE of Appearance by BILAL AHMED FARUQUI on behalf of MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, RICHARD CORCORAN, RONALD D DESANTIS, FLORIDA DEPARTMENT OF EDUCATION, FLORIDA STATE BOARD OF EDUCATION, BEN GIBSON, THOMAS R GRADY, RYAN PETTY, JOE YORK (FARUQUI, BILAL) (Entered: 04/04/2022)	April 4, 2022	April 4, 2022 PACER
17	MOTION to Intervene, motion for Temporary Restraining order, and Notice of appearance pro se. (Attachments: # 1 Temporary Restraining order, # 2 Notice of appearance) (bkp) (Entered: 04/06/2022) 1 Temporary Restraining order View on PACER 2 Notice of appearance View on PACER	April 5, 2022	April 5, 2022 RECAP
18	NOTICE of Appearance by BOB LYNN HARRIS on behalf of JACKSON COUNTY SCHOOL BOARD (HARRIS, BOB) (Entered: 04/06/2022)	April 6, 2022	April 6, 2022 RECAP
19	NOTICE of Appearance by JOHN DAVID MARSEY on behalf of ST JOHNS COUNTY SCHOOL BOARD (MARSEY, JOHN) (Entered: 04/07/2022)	April 7, 2022	April 7, 2022 PACER
20	NOTICE of Appearance by JEFFREY JAMES GROSHOLZ on behalf of ST JOHNS COUNTY SCHOOL BOARD (GROSHOLZ, JEFFREY) (Entered: 04/07/2022)	April 7, 2022	April 7, 2022 PACER
21	* STRICKEN per 46 ORDER * CLARIFICATION MOTION for Temporary Restraining Order filed by Intervenor Scott Huminski re: 17 MOTION to Intervene, motion for Temporary Restraining order, and Notice of appearance pro se. (bkp) Modified on 5/24/2022 (bkp). (Entered: 04/08/2022)	April 8, 2022	April 8, 2022 RECAP
22	MOTION to Appear Pro Hac Vice by SHIREEN A. BARDAY for amicus curiae The Trevor Project, Inc in support of Plaintiffs ( Filing fee $ 208 receipt number AFLNDC-6925272) (Attachments: # 1 Exhibit 1 - Certificate of Good Standing - State of New York) (BARDAY, SHIREEN) Modified on 4/12/2022 (tss). (Entered: 04/11/2022)	April 11, 2022	April 11, 2022 PACER
	ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: 22 MOTION to Appear Pro Hac Vice by SHIREEN A. BARDAY.( Filing fee $ 208 receipt number AFLNDC-6925272.). Referred to MICHAEL J FRANK. (bkp)	April 12, 2022	April 12, 2022 PACER
	**Duplicate - ORDER granting 22 Motion to Appear Pro Hac Vice. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 4/12/2022. (lsd)	April 12, 2022	April 12, 2022 PACER
23	ORDER. The Motion to Appear Pro Hac Vice of Shireen A. Barday, Doc. 22, is GRANTED. Pursuant to Local Rule 11.1(C), the above attorney is admitted pro hac vice on behalf of Plaintiffs. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 04/12/22. (jfj) (Entered: 04/12/2022)	April 12, 2022	April 12, 2022 PACER
24	SUMMONS Returned Executed by LOURDES CASARES, RABBI AMY MORRISON, FAMILY EQUALITY, EQUALITY FLORIDA, LINDSEY BINGHAM SHOOK, M A, DAN VANTICE, KIMBERLY FEINBERG, ANITA HATCHER POWDERLY, CECILE HOURY, ZANDER MORICZ, BRENT VANTICE, LINDSAY MCCLELLAND. RONALD D DESANTIS served on 4/1/2022, answer due 4/22/2022. (KAPLAN, ROBERTA) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 PACER
25	SUMMONS Returned Executed by LOURDES CASARES, RABBI AMY MORRISON, FAMILY EQUALITY, EQUALITY FLORIDA, LINDSEY BINGHAM SHOOK, M A, DAN VANTICE, KIMBERLY FEINBERG, ANITA HATCHER POWDERLY, CECILE HOURY, ZANDER MORICZ, BRENT VANTICE, LINDSAY MCCLELLAND. MONESIA BROWN served on 4/1/2022, answer due 4/22/2022; ESTHER BYRD served on 4/1/2022, answer due 4/22/2022; GRAZIE P CHRISTIE served on 4/1/2022, answer due 4/22/2022; RICHARD CORCORAN served on 4/1/2022, answer due 4/22/2022; FLORIDA DEPARTMENT OF EDUCATION served on 4/1/2022, answer due 4/22/2022; FLORIDA STATE BOARD OF EDUCATION served on 4/1/2022, answer due 4/22/2022; BEN GIBSON served on 4/1/2022, answer due 4/22/2022; THOMAS R GRADY served on 4/1/2022, answer due 4/22/2022; RYAN PETTY served on 4/1/2022, answer due 4/22/2022; JOE YORK served on 4/1/2022, answer due 4/22/2022. (KAPLAN, ROBERTA) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 PACER
26	SUMMONS Returned Executed by LOURDES CASARES, RABBI AMY MORRISON, FAMILY EQUALITY, EQUALITY FLORIDA, LINDSEY BINGHAM SHOOK, M A, DAN VANTICE, KIMBERLY FEINBERG, ANITA HATCHER POWDERLY, CECILE HOURY, ZANDER MORICZ, BRENT VANTICE, LINDSAY MCCLELLAND. SCHOOL BOARD OF MANATEE COUNTY served on 4/1/2022, answer due 4/22/2022. (KAPLAN, ROBERTA) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 PACER
27	SUMMONS Returned Executed by LOURDES CASARES, RABBI AMY MORRISON, FAMILY EQUALITY, EQUALITY FLORIDA, LINDSEY BINGHAM SHOOK, M A, DAN VANTICE, KIMBERLY FEINBERG, ANITA HATCHER POWDERLY, CECILE HOURY, ZANDER MORICZ, BRENT VANTICE, LINDSAY MCCLELLAND. SCHOOL BOARD OF SARASOTA COUNTY served on 4/1/2022, answer due 4/22/2022. (KAPLAN, ROBERTA) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 PACER
28	SUMMONS Returned Executed by LOURDES CASARES, RABBI AMY MORRISON, FAMILY EQUALITY, EQUALITY FLORIDA, LINDSEY BINGHAM SHOOK, M A, DAN VANTICE, KIMBERLY FEINBERG, ANITA HATCHER POWDERLY, CECILE HOURY, ZANDER MORICZ, BRENT VANTICE, LINDSAY MCCLELLAND. SCHOOL BOARD OF MIAMI-DADE COUNTY served on 4/1/2022, answer due 4/22/2022. (KAPLAN, ROBERTA) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 PACER
29	SUMMONS Returned Executed by LOURDES CASARES, RABBI AMY MORRISON, FAMILY EQUALITY, EQUALITY FLORIDA, LINDSEY BINGHAM SHOOK, M A, DAN VANTICE, KIMBERLY FEINBERG, ANITA HATCHER POWDERLY, CECILE HOURY, ZANDER MORICZ, BRENT VANTICE, LINDSAY MCCLELLAND. ST JOHNS COUNTY SCHOOL BOARD served on 4/1/2022, answer due 4/22/2022. (KAPLAN, ROBERTA) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 PACER
30	SUMMONS Returned Executed by LOURDES CASARES, RABBI AMY MORRISON, FAMILY EQUALITY, EQUALITY FLORIDA, LINDSEY BINGHAM SHOOK, M A, DAN VANTICE, KIMBERLY FEINBERG, ANITA HATCHER POWDERLY, CECILE HOURY, ZANDER MORICZ, BRENT VANTICE, LINDSAY MCCLELLAND. JACKSON COUNTY SCHOOL BOARD served on 4/1/2022, answer due 4/22/2022. (KAPLAN, ROBERTA) (Entered: 04/13/2022)	April 13, 2022	April 13, 2022 PACER
31	NOTICE of Appearance by ANITA J PATEL on behalf of MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, RICHARD CORCORAN, RONALD D DESANTIS, FLORIDA DEPARTMENT OF EDUCATION, FLORIDA STATE BOARD OF EDUCATION, BEN GIBSON, THOMAS R GRADY, RYAN PETTY, JOE YORK (PATEL, ANITA) (Entered: 04/19/2022)	April 19, 2022	April 19, 2022 PACER
32	First MOTION to Extend Timeto Amend Complaint and Respond to Amended Complaint by MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, RICHARD CORCORAN, RONALD D DESANTIS, FLORIDA DEPARTMENT OF EDUCATION, FLORIDA STATE BOARD OF EDUCATION, BEN GIBSON, THOMAS R GRADY, JACKSON COUNTY SCHOOL BOARD, RYAN PETTY, SCHOOL BOARD OF MANATEE COUNTY, SCHOOL BOARD OF MIAMI-DADE COUNTY, ST JOHNS COUNTY SCHOOL BOARD, JOE YORK. (BELL, DANIEL) (Entered: 04/20/2022)	April 20, 2022	April 20, 2022 RECAP
	Set Deadlines: for clerk to check the status of summons issued on amended complaint Notify Chambers on 6/1/2022. (bkp)	April 21, 2022	April 21, 2022 PACER
33	ORDER REGARDING SCHEDULE re 32 First MOTION to Extend Timeto Amend Complaint and Respond to Amended Complaint. Plaintiffs have until May 25 to file an amended complaint and to join any new defendants. Defendants will then have until June 27 to respond to the amended complaint. The court will issue a scheduling order after Plaintiffs have amended their complaint and served all Defendants signed by JUDGE ALLEN C WINSOR on 4/21/22. ( Amended Pleadings due by 5/25/2022, Answer due by 6/27/2022.) (bkp) (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 RECAP
34	AFFIDAVIT Re: Florida's disdain for the Supremacy Clause/Federal Law of SCOTT HUMINSKI. (Attachments: # 1 Copy of Motion to Vacate Protective Orders, # 2 Copy of Motion to Vacate State Orders, # 3 Copy of Motion to Show Cause) (kdm) (Entered: 04/26/2022) 1 Copy of Motion to Vacate Protective Orders View on RECAP 2 Copy of Motion to Vacate State Orders View on RECAP 3 Copy of Motion to Show Cause View on RECAP	April 22, 2022	April 22, 2022 RECAP
35	NOTICE of Appearance by DANIEL J DELEO on behalf of SCHOOL BOARD OF SARASOTA COUNTY (DELEO, DANIEL) (Entered: 05/06/2022)	May 6, 2022	May 6, 2022 PACER
36	MOTION to Establish a Litigation Schedule and for a Rule 16 Conference by M A, LOURDES CASARES, EQUALITY FLORIDA, FAMILY EQUALITY, KIMBERLY FEINBERG, CECILE HOURY, LINDSAY MCCLELLAND, ZANDER MORICZ, RABBI AMY MORRISON, ANITA HATCHER POWDERLY, LINDSEY BINGHAM SHOOK, BRENT VANTICE, DAN VANTICE. (Attachments: # 1 Exhibit A - Correspondence Between Counsel) (KAPLAN, ROBERTA) (Entered: 05/08/2022) 1 Exhibit A - Correspondence Between Counsel View on RECAP	May 8, 2022	May 8, 2022 RECAP

Case: Equality Florida v. DeSantis

4:22-cv-00134 | U.S. District Court for the Northern District of Florida

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