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

Clearinghouse coding complete

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…

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).

As of October 2023, the case was proceeding in the United States Court of Appeals for the Eleventh Circuit. 

Summary Authors

Jordan Katz (4/3/2022)

Kady Matsuzaki (4/22/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63202309/parties/equality-florida-v-desantis/


Judge(s)
Attorney for Plaintiff

BARDAY, SHIREEN A (Florida)

Attorney for Defendant

ALFONSO, DENNIS JOHN (Florida)

BELL, DANIEL WILLIAM (Florida)

BURKE, MICHAEL THOMAS (Florida)

Expert/Monitor/Master/Other

CARROLL, DAVID W (Florida)

show all people

Documents in the Clearinghouse

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 2022

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 2023

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63202309/equality-florida-v-desantis/

Last updated March 6, 2024, 3:05 a.m.

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

Clearinghouse
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)

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
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

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
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

PACER
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
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

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
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

PACER
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

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) (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
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

**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
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
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

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
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
37

RESPONSE in Opposition re 36 MOTION to Establish a Litigation Schedule and for a Rule 16 Conference and Motion to Extend Rule 26(f) Deadline filed 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, SCHOOL BOARD OF SARASOTA COUNTY, ST JOHNS COUNTY SCHOOL BOARD, JOE YORK. (BELL, DANIEL) (Entered: 05/09/2022)

May 9, 2022

May 9, 2022

PACER
38

RESPONSE 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 re 37 Response in Opposition to Motion,, Plaintiffs' Opposition to Defendants' Consolidated Motion to Extend Rule 26(f) Deadline. (KAPLAN, ROBERTA) (Entered: 05/10/2022)

May 10, 2022

May 10, 2022

RECAP
39

NOTICE of Appearance by JOSEPH MATTHEW WASSERKRUG on behalf of All Plaintiffs (WASSERKRUG, JOSEPH) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
40

MOTION to Appear Pro Hac Vice by Michael W. Weaver.( Filing fee $ 208 receipt number AFLNDC-7052782.) 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 1 - M. Weaver Certificate of Good Standing) (WEAVER, MICHAEL) (Entered: 05/13/2022)

1 Exhibit 1 - M. Weaver Certificate of Good Standing

View on PACER

May 13, 2022

May 13, 2022

PACER
41

NOTICE of Appearance by ERIN G JACKSON on behalf of SCHOOL BOARD OF MANATEE COUNTY (JACKSON, ERIN) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
42

NOTICE of Appearance by ASHLEY AMERICO TINSLEY on behalf of SCHOOL BOARD OF MANATEE COUNTY (TINSLEY, ASHLEY) (Entered: 05/13/2022)

May 13, 2022

May 13, 2022

PACER
44

ORDER REGARDING SCHEDULE signed by JUDGE ALLEN C WINSOR on 5/13/22. Amended Pleadings due by 5/25/2022. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 5/27/2022. Rule 26 Meeting Report due by 6/8/2022. Discovery due by 11/4/2022. Jury Trial set for 2/13/2023 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. The 37 motion to delay the Rule 26(f) conference deadline is DENIED as moot. The 36 motion for a litigation schedule is GRANTED in part. (tss) (Entered: 05/16/2022)

May 13, 2022

May 13, 2022

RECAP

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: 40 MOTION to Appear Pro Hac Vice by Michael W. Weaver.( Filing fee $ 208 receipt number AFLNDC-7052782.). Referred to MICHAEL J FRANK. (bkp)

May 16, 2022

May 16, 2022

PACER
43

ORDER granting 40 Motion to Appear Pro Hac Vice. 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 5/16/2022. (jcw) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
45

NOTICE of Appearance by WALTER JAMES HARVEY on behalf of SCHOOL BOARD OF MIAMI-DADE COUNTY (HARVEY, WALTER) (Entered: 05/16/2022)

May 16, 2022

May 16, 2022

PACER
46

ORDER DENYING MOTION TO INTERVENE re 17 MOTION to Intervene and Temporary Restraining Order. CLARIFICATION MOTION for Temporary Restraining Order filed by Intervenor Scott Huminski ecf 21 is Stricken signed by JUDGE ALLEN C WINSOR on 5/23/22. (bkp) (bkp). (Entered: 05/24/2022)

May 23, 2022

May 23, 2022

RECAP
47

FIRST AMENDED COMPLAINT against MONESIA BROWN, ESTHER BYRD, GRAZIE P CHRISTIE, RONALD D DESANTIS, FLORIDA DEPARTMENT OF EDUCATION, FLORIDA STATE BOARD OF EDUCATION, BEN GIBSON, THOMAS R GRADY, 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, JACOB OLIVA, BROWARD SCHOOL BOARD, ORANGE COUNTY SCHOOL BOARD, PASCO COUNTY SCHOOL BOARD, filed by RABBI AMY MORRISON, FAMILY EQUALITY, EQUALITY FLORIDA, BRENT VANTICE, LOURDES CASARES, LINDSEY BINGHAM SHOOK, M A, DAN VANTICE, KIMBERLY FEINBERG, CECILE HOURY, ZANDER MORICZ, LINDSAY MCCLELLAND, SCOTT BERG, MYNDEE WASHINGTON, S S, ANH VOLMER, JANE DOE. (Attachments: # 1 Proposed Summons to Broward School Board, # 2 Proposed Summons to Orange County School Board, # 3 Proposed Summons to Pasco County School Board) (KAPLAN, ROBERTA) (Entered: 05/25/2022)

1 Proposed Summons to Broward School Board

View on PACER

2 Proposed Summons to Orange County School Board

View on RECAP

3 Proposed Summons to Pasco County School Board

View on PACER

May 25, 2022

May 25, 2022

RECAP
48

Corporate Disclosure Statement/Certificate of Interested Persons by SCHOOL BOARD OF MANATEE COUNTY. (JACKSON, ERIN) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
49

Corporate Disclosure Statement/Certificate of Interested Persons by SCHOOL BOARD OF MIAMI-DADE COUNTY. (HARVEY, WALTER) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
50

Corporate Disclosure Statement/Certificate of Interested Persons by SCHOOL BOARD OF SARASOTA COUNTY. (DELEO, DANIEL) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
51

Summons Issued as to ORANGE COUNTY SCHOOL BOARD, PASCO COUNTY SCHOOL BOARD. (Attachments: # 1 Summons Pasco County) (bkp) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
52

Summons Issued as to BROWARD SCHOOL BOARD. (bkp) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
53

Verified MOTION for Reconsideration and MOTION for ADA Accommodations and Verified MOTION to Compel the Clerk to File and Docket the Filings Received by the Court on 5/24/2022 to Complete the Record on Appeal and Support Reconsideration/Intervention and Verified MOTION for Recusal of Presiding Judge and Verified MOTION for Order to Show Cause re 46 ORDER DENYING 17 MOTION TO INTERVENE filed by Scott Huminski. (kdm) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

RECAP
54

REPORT of Rule 26(f) Planning Meeting. (KAPLAN, ROBERTA) (Entered: 06/08/2022)

June 8, 2022

June 8, 2022

RECAP
55

NOTICE of Non-Service of 46 Order Regarding Intervention filed by non-party Scott Huminski. (kdm) (Entered: 06/09/2022)

June 8, 2022

June 8, 2022

RECAP
56

SUMMONS Returned Executed by RABBI AMY MORRISON, FAMILY EQUALITY, SCOTT BERG, EQUALITY FLORIDA, ANH VOLMER, JANE DOE, BRENT VANTICE, LOURDES CASARES, LINDSEY BINGHAM SHOOK, MYNDEE WASHINGTON, M A, DAN VANTICE, KIMBERLY FEINBERG, CECILE HOURY, ZANDER MORICZ, S S, LINDSAY MCCLELLAND. BROWARD SCHOOL BOARD served on 5/31/2022, answer due 6/21/2022. (KAPLAN, ROBERTA) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
57

SUMMONS Returned Executed by RABBI AMY MORRISON, FAMILY EQUALITY, SCOTT BERG, EQUALITY FLORIDA, ANH VOLMER, JANE DOE, BRENT VANTICE, LOURDES CASARES, LINDSEY BINGHAM SHOOK, MYNDEE WASHINGTON, M A, DAN VANTICE, KIMBERLY FEINBERG, CECILE HOURY, ZANDER MORICZ, S S, LINDSAY MCCLELLAND. ORANGE COUNTY SCHOOL BOARD served on 5/31/2022, answer due 6/21/2022. (KAPLAN, ROBERTA) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
58

SUMMONS Returned Executed by RABBI AMY MORRISON, FAMILY EQUALITY, SCOTT BERG, EQUALITY FLORIDA, ANH VOLMER, JANE DOE, BRENT VANTICE, LOURDES CASARES, LINDSEY BINGHAM SHOOK, MYNDEE WASHINGTON, M A, DAN VANTICE, KIMBERLY FEINBERG, CECILE HOURY, ZANDER MORICZ, S S, LINDSAY MCCLELLAND. PASCO COUNTY SCHOOL BOARD served on 5/31/2022, answer due 6/21/2022. (KAPLAN, ROBERTA) (Entered: 06/13/2022)

June 13, 2022

June 13, 2022

PACER
59

NOTICE of Appearance by DENNIS JOHN ALFONSO on behalf of PASCO COUNTY SCHOOL BOARD (ALFONSO, DENNIS) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
60

MOTION to Dismiss for improper venue by PASCO COUNTY SCHOOL BOARD. (Internal deadline for referral to judge if response not filed earlier: 7/5/2022). (ALFONSO, DENNIS) (Entered: 06/20/2022)

June 20, 2022

June 20, 2022

RECAP
61

SCHEDULING ORDER entered pursuant to 54 Report of Rule 26(f) Planning Meeting signed by JUDGE ALLEN C WINSOR on 6/23/22. Discovery due by 11/4/2022. Trial set for 2/13/2023 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. (tss) (Entered: 06/24/2022)

June 23, 2022

June 23, 2022

RECAP
62

MOTION to Dismiss for Lack of Jurisdiction (SUBJECT MATTER JURISDICTION) and ( (Internal deadline for referral to judge if response not filed earlier: 7/11/2022).), MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM UPON WHICH RELIEF CAN BE GRANTED by BROWARD SCHOOL BOARD. (STEARNS, CHRISTOPHER) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

RECAP
63

MOTION to Dismiss for Lack of Jurisdiction by ORANGE COUNTY SCHOOL BOARD. (Internal deadline for referral to judge if response not filed earlier: 7/11/2022). (Attachments: # 1 Exhibit A) (PALMERINI, JOHN) (Entered: 06/27/2022)

1 Exhibit A

View on PACER

June 27, 2022

June 27, 2022

PACER
64

Defendant ANSWER to 47 Amended Complaint,,, by SCHOOL BOARD OF MIAMI-DADE COUNTY. (HARVEY, WALTER) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

RECAP
65

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by SCHOOL BOARD OF SARASOTA COUNTY. (DELEO, DANIEL) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

RECAP
66

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ST JOHNS COUNTY SCHOOL BOARD. (MARSEY, JOHN) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER
67

MOTION to Dismiss Plaintiffs' First Amended Complaint, or in the alternative, Motion for a More Definite Statement by SCHOOL BOARD OF MANATEE COUNTY. (Internal deadline for referral to judge if response not filed earlier: 7/11/2022). (JACKSON, ERIN) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

PACER
68

First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 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, JACOB OLIVA, RYAN PETTY, JOE YORK. (BELL, DANIEL) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

RECAP
69

First MOTION Expansion of word limit re 68 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM 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, JACOB OLIVA, RYAN PETTY, JOE YORK. (BELL, DANIEL) Modified on 6/29/2022 (bkp). (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

RECAP
70

DEFENDANT, SARASOTA COUNTY SCHOOL BOARDS NOTICE OF JOINDER IN DEFENDANTS MOTIONS TO DISMISS (DELEO, DANIEL) Modified on 6/29/2022 (tss). (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

RECAP
71

ORDER REGARDING MOTIONS TO DISMISS granting 69 First MOTION Expansion of word limit re 68 First MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . approving 61 Scheduling Order, 54 Report of Rule 26(f) Planning Meeting, (Internal deadline for referral to judge if Plaintiffs responses to motions to dismiss not filed earlier: 7/27/2022).) (Defendant's Reply due by 8/10/2022 signed by JUDGE ALLEN C WINSOR on 6/28/22. (bkp) (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

RECAP
72

MOTION to Stay Discovery by BROWARD SCHOOL BOARD, 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, JACOB OLIVA, ORANGE COUNTY SCHOOL BOARD, PASCO COUNTY SCHOOL BOARD, RYAN PETTY, SCHOOL BOARD OF MANATEE COUNTY, SCHOOL BOARD OF SARASOTA COUNTY, ST JOHNS COUNTY SCHOOL BOARD, JOE YORK. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C) (BELL, DANIEL) (Entered: 07/01/2022)

1 Exhibit Exhibit A

View on PACER

2 Exhibit Exhibit B

View on PACER

3 Exhibit Exhibit C

View on PACER

July 1, 2022

July 1, 2022

RECAP
73

MOTION to Appear Pro Hac Vice by David W. T. Carroll.( Filing fee $ 208 receipt number AFLNDC-7250344.) by Christian Action Network. (CARROLL, DAVID) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: 73 MOTION to Appear Pro Hac Vice by David W. T. Carroll. Referred to MICHAEL J FRANK. (kdm)

July 5, 2022

July 5, 2022

PACER
74

ORDER REGARDING 72 STAY OF DISCOVERY. (Plaintiff's response due: 7/15/2022). Signed by JUDGE ALLEN C WINSOR on 7/5/2022. Discovery is stayed. (kdm) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
75

NOTICE Errata to Pro Hac Vice Good Standing cert by CHRISTIAN ACTION NETWORK re Action Required by Magistrate Judge, 73 MOTION to Appear Pro Hac Vice by David W. T. Carroll.( Filing fee $ 208 receipt number AFLNDC-7250344.) (CARROLL, DAVID) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
76

NOTICE of Appearance by MICHAEL THOMAS BURKE on behalf of BROWARD SCHOOL BOARD (BURKE, MICHAEL) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
77

ORDER granting 73 Motion to Appear Pro Hac Vice. Pursuant to Local Rule 11.1(C), the above attorney is admitted pro hac vice on behalf of Christian Action Network. Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 7/5/2022. (jcw) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
78

MOTION to File Amicus Brief by CHRISTIAN ACTION NETWORK. (Internal deadline for referral to judge if response not filed earlier: 7/19/2022). (Attachments: # 1 Exhibit Proposed Amicus Brief) (CARROLL, DAVID) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
79

Corporate Disclosure Statement/Certificate of Interested Persons by CHRISTIAN ACTION NETWORK. (CARROLL, DAVID) (Entered: 07/05/2022)

July 5, 2022

July 5, 2022

PACER
80

ORDER DENYING 53 MOTION TO INTERVENE. Signed by JUDGE ALLEN C WINSOR on 7/12/2022. (kdm) (Entered: 07/12/2022)

July 12, 2022

July 12, 2022

RECAP
81

MEMORANDUM in Opposition re 72 MOTION to Stay Discovery filed by M A, SCOTT BERG, LOURDES CASARES, JANE DOE, EQUALITY FLORIDA, FAMILY EQUALITY, KIMBERLY FEINBERG, CECILE HOURY, LINDSAY MCCLELLAND, ZANDER MORICZ, RABBI AMY MORRISON, ANITA HATCHER POWDERLY, S S, LINDSEY BINGHAM SHOOK, BRENT VANTICE, DAN VANTICE, ANH VOLMER, MYNDEE WASHINGTON. (KAPLAN, ROBERTA) (Entered: 07/15/2022)

July 15, 2022

July 15, 2022

RECAP
82

NOTICE OF APPEAL as to 46 ORDER DENYING MOTION TO INTERVENE, 80 ORDER DENYING 53 MOTION TO INTERVENE filed by Scott Humiski. (kdm) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
83

USCA Appeal Fees received $ 505 receipt number 1-4401 re 82 Notice of Appeal filed by Scott Humiski. (kdm) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
84

***STRICKEN AS UNAUTHORIZED PER 88 ORDER STRIKING PRO SE 84 MOTION FOR INJUNCTION*** -- Verified MOTION for Injunction Pending Appeal Against Defendant DeSantis filed by Scott Humiski. (kdm) Modified on 7/21/2022 to add text (kdm). (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

RECAP
85

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 82 Notice of Appeal. (kdm) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER
86

Appeal Instructions re: 82 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter in both the district court and the appeals court. Transcript Order Form due by 8/2/2022. (kdm) (Entered: 07/19/2022)

July 19, 2022

July 19, 2022

PACER

Set Deadlines re 82 Notice of Appeal : Certificate of Readiness (FRAP 11) due by 8/19/2022. Clerk to check status of Appeal on 10/19/2022. (kdm)

July 19, 2022

July 19, 2022

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: 78 MOTION to File Amicus Brief - Response due 7/19/2022. (***None filed to date.***) (kdm)

July 20, 2022

July 20, 2022

PACER

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Education

Key Dates

Filing Date: March 31, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Organizations, students, parents, and teachers in Florida challenging H.B. 1557—the "Don't Say Gay" law.

Plaintiff Type(s):

Private Plaintiff

Non-profit religious organization

Non-profit NON-religious organization

Attorney Organizations:

National Center for Lesbian Rights (NCLR)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

School Board of Manatee County (Manatee), School District

School Board of Sarasota County (Sarasota), School District

School Board of Miami Dade County (Miami-Dade), School District

St. Johns County School Board (St. Johns), School District

Jackson County School Board (Jackson), School District

State of Florida, State

Florida State Board of Education, State

Florida Department of Education, State

Defendant Type(s):

Jurisdiction-wide

Elementary/Secondary School

Case Details

Causes of Action:

42 U.S.C. § 1983

Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq.

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Freedom of speech/association

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Education

Juveniles

LGBTQ+:

LGBTQ+

Discrimination-basis:

Gender identity

Sex discrimination

Sexual orientation

Affected Sex or Gender:

Female

Male