Case: Falls v. DeSantis

4:22-cv-00166 | U.S. District Court for the Northern District of Florida

Filed Date: April 22, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about legislation suppressing Florida's teachers and employers from encouraging discourse regarding critical race theory (“CRT”) and sex. CRT was a concept that encompassed a wide range of ideas and concepts, and it generally focused on the idea that racism is inherent in U.S. legal systems in a way that create and maintain social, economic, and political inequities. On April 22, 2022, Florida Governor Ron DeSantis signed into law a ban on CRT,  known as the Stop Wrongs Against O…

This is a case about legislation suppressing Florida's teachers and employers from encouraging discourse regarding critical race theory (“CRT”) and sex. CRT was a concept that encompassed a wide range of ideas and concepts, and it generally focused on the idea that racism is inherent in U.S. legal systems in a way that create and maintain social, economic, and political inequities. On April 22, 2022, Florida Governor Ron DeSantis signed into law a ban on CRT,  known as the Stop Wrongs Against Our Kids and Employees Act (Stop W.O.K.E. Act) or Individual Freedom Act (the "Act"). According to the Florida Senate's Education Committee, the law was "designed to protect individual freedoms and prevent discrimination in the workplace and in public schools" by enacting a prohibition on "subjecting" individuals required training or instruction for topics such as bearing "personal responsibility" or feeling guilt for historic wrongdoings because of their race, gender, or national origin.

This case was filed on April 22, 2022—the same day the law was enacted—in the U.S. District Court for the Northern District of Florida against Florida Governor Ron DeSantis, the commissioner and six board members of the Florida Board of Education, fifteen members of the Florida board of governors of the state university system, and the Florida attorney general. The plaintiffs—K-12 teachers, a college professor, a DEI consultant, and a soon-to-be kindergarten student—alleged that the Act regulated the plaintiffs' speech in violation of their First Amendment rights under the U.S. Constitution. The plaintiffs explained that CRT was a tool used to question the neutrality of the American legal system. They sought declaratory and injunctive relief, as well as attorneys' fees. The case was assigned to Judge Mark Walker.

On the same day the complaint was filed, the plaintiffs filed their motion for a preliminary injunction. On June 1, 2022, the defendants filed their motion to dismiss on two grounds: (1) that the plaintiffs failed to allege an injury from the Act; and (2) that Governor DeSantis was not a proper defendant.

On June 27, 2022, the court denied the plaintiffs' motion for a preliminary injunction for all the plaintiffs, except the college professor, for lack of standing. Notably, the DEI consultant's standing hinged upon whether private employers could challenge restrictions on their own or require third-party intervention. A similar case regarding private employers, Honeyfund.com, Inc. v. DeSantis (No. 4:22 cv-00227), filed in the same court, held employers did not require a third party. Thus, the DEI consultant didn't have standing. __ F. Supp. 3d __, 2022 WL 2303949.

On July 8, 2022, the court granted and denied in part the defendants' motion to dismiss. The court held:

  1. The court dismissed Governor DeSantis as a party because the plaintiffs failed to identify a provision of Florida law that provides Governor DeSantis with any enforcement authority regarding the challenged provisions.
  2. The court limited the K-12 teachers to pursue the case against the Board of Education and the college professor against the board of governors. These plaintiffs' claims against the governor and attorney general were dismissed.
  3. The soon-to-be kindergartener conceded at the preliminary-injunction hearing that she does not have standing or intention to pursue a case against Governor DeSantis, the board of governors, and the attorney general. This limited her claims to the Board of Education.
  4. The DEI consultant's claims were dismissed without prejudice for lack of standing.

In summary, the DEI consultant plaintiff had no standing, the K-12 teacher plaintiffs and the soon-to-be kindergartener had standing against the Board of Education, and the college professor had standing against the board of governors.

On August 12, 2022, the defendants filed their motion for (1) partial summary judgment on the grounds that the remaining plaintiff, the college professor, lacked standing and (2) denial of the college professor's pending motion for preliminary injunction (the other plaintiffs had been denied a preliminary injunction on June 27, 2022). On September 8, 2022, the court denied their motion.

This case is ongoing as of January 10, 2023.

Summary Authors

Calvin Kim (9/22/2022)

Related Cases

Honeyfund.com, Inc. v. DeSantis, Northern District of Florida (2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63258031/parties/falls-v-desantis/


Judge(s)
Attorney for Plaintiff

DeMaggio, Bryan E (Florida)

Attorney for Defendant

Cooper, Charles J (District of Columbia)

COOPER, DAVIS (Florida)

Expert/Monitor/Master/Other

AGARWAL, SHALINI GOEL (Florida)

BOYD, SAMUEL TURNER (Florida)

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Documents in the Clearinghouse

Document
1

4:22-cv-00166

Verifed Complaint

April 22, 2022

April 22, 2022

Complaint
62

4:22-cv-00166

Order Denying Preliminary Injunction in Part

June 27, 2022

June 27, 2022

Order/Opinion
68

4:22-cv-00166

Order Granting in Part and Denying in Part Motion to Dismiss

July 8, 2022

July 8, 2022

Order/Opinion
81

4:22-cv-00166

Order Denying Motion for Summary Judgment

Sept. 8, 2022

Sept. 8, 2022

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63258031/falls-v-desantis/

Last updated Feb. 7, 2024, 3:10 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AFLNDC-6952882.), filed by Robert Cassanello, Donald Falls, Jill Harper, Stephanie Nicole Jamieson, Tammy Hodo. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Summons, # 5 Summons, # 6 Summons, # 7 Summons, # 8 Summons, # 9 Summons, # 10 Summons, # 11 Summons, # 12 Summons, # 13 Summons, # 14 Summons, # 15 Summons, # 16 Summons, # 17 Summons, # 18 Summons, # 19 Summons, # 20 Summons, # 21 Summons, # 22 Summons, # 23 Summons, # 24 Summons, # 25 Summons, # 26 Summons, # 27 Summons) (WILKISON, JESSE) (Entered: 04/22/2022)

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4 Summons

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27 Summons

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April 22, 2022

April 22, 2022

Clearinghouse
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CIVIL COVER SHEET. (WILKISON, JESSE) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
3

MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction by Robert Cassanello, Donald Falls, Jill Harper, Tammy Hodo, Stephanie Nicole Jamieson. (WILKISON, JESSE) Modified on 4/25/2022 to terminate the motion per 5 ORDER SETTING CONFERENCE SCHEDULE. (kjw) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
4

MOTION for Preliminary Injunction by Robert Cassanello, Donald Falls, Jill Harper, Tammy Hodo, Stephanie Nicole Jamieson. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (WILKISON, JESSE) (Entered: 04/22/2022)

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April 22, 2022

April 22, 2022

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ORDER SETTING CONFERENCE SCHEDULE granting 3 MOTION for Leave to File Excess Pages for Motion for Preliminary Injunction. The Clerk shall set this matter for a telephonic scheduling conference on Friday, April 29, 2022, at 8:30 a.m. (EDT). Plaintiffs shall serve Defendants with a copy of this Order, their Verified Complaint, and their Motion for Preliminary Injunction before the close of business, 5:00 p.m. (EDT) on Tuesday, April 26, 2022, so the parties can confer prior to the scheduling conference. Signed by CHIEF JUDGE MARK E WALKER on 4/22/2022. (vkm) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
6

NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 4/29/2022 08:30 AM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 04/22/2022)

April 22, 2022

April 22, 2022

PACER
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DOCKET ANNOTATION BY COURT: Re 1 Complaint. To Attorney Jesse Wilkison:Party names (including aliases) are to be added using all caps and no punctuation. (See "Style Guide for Electronic Case Filing," available on Clerk's website.) The party names will be corrected by the clerk. (rcb) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER
8

Summons Issued as to All Defendants. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit) (rcb) (Entered: 04/25/2022)

April 25, 2022

April 25, 2022

PACER

Set Deadlines- Attorney Admissions Deadline for Attorneys Elizabeth L. White due by 5/9/2022. (rcb)

April 25, 2022

April 25, 2022

PACER
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PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO SERVE BOARD OF GOVERNOR DEFENDANTS. (WILKISON, JESSE) Modified to edit title on 4/27/2022 (rcb). (Entered: 04/26/2022)

April 26, 2022

April 26, 2022

PACER
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SUMMONS Returned Executed by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, NICOLE STEPHANIE JAMIESON, TAMMY HODO. AUBREY EDGE served on 4/26/2022, answer due 5/17/2022. (WILKISON, JESSE) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
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ORDER GRANTING 9 EXTENSION OF TIME. Plaintiffs' motion is GRANTED. Plaintiffs are directed to continue their efforts to serve the Board of Governors. The Telephonic Scheduling Conference set for Friday 4/29/2022 08:30 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER, will move forward as scheduled, if for no other reason than to obtain a status update about service. Signed by CHIEF JUDGE MARK E WALKER on 04/27/2022. (rcb) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
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NOTICE of Service of Florida Board of Governors by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, TAMMY HODO, NICOLE STEPHANIE JAMIESON (WILKISON, JESSE) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

PACER
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WAIVER OF SERVICE Returned Executed by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, NICOLE STEPHANIE JAMIESON, TAMMY HODO. TIMOTHY M CERIO waiver sent on 4/27/2022, answer due 6/27/2022; PATRICIA FROST waiver sent on 4/27/2022, answer due 6/27/2022; H WAYNE HUIZENGA JR waiver sent on 4/27/2022, answer due 6/27/2022; NATASSIA JANVIER waiver sent on 4/27/2022, answer due 6/27/2022; KEN JONES waiver sent on 4/27/2022, answer due 6/27/2022; DARLENE LUCCIO JORDAN waiver sent on 4/27/2022, answer due 6/27/2022; BRIAN LAMB waiver sent on 4/27/2022, answer due 6/27/2022; ALAN LEVINE waiver sent on 4/27/2022, answer due 6/27/2022; CHARLES H LYDECKER waiver sent on 4/27/2022, answer due 6/27/2022; STEVEN M SCOTT waiver sent on 4/27/2022, answer due 6/27/2022; WILLIAM SELF waiver sent on 4/27/2022, answer due 6/27/2022; ERIC SILAGY waiver sent on 4/27/2022, answer due 6/27/2022; KENT STERMON waiver sent on 4/27/2022, answer due 6/27/2022. (WILKISON, JESSE) (Entered: 04/27/2022)

April 27, 2022

April 27, 2022

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SUMMONS Returned Executed by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, NICOLE STEPHANIE JAMIESON, TAMMY HODO. ASHLEY MOODY served on 4/26/2022, answer due 5/17/2022. (WILKISON, JESSE) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
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SUMMONS Returned Executed by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, NICOLE STEPHANIE JAMIESON, TAMMY HODO. RONALD DION DESANTIS served on 4/26/2022, answer due 5/17/2022. (WILKISON, JESSE) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
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SUMMONS Returned Executed by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, NICOLE STEPHANIE JAMIESON, TAMMY HODO. MONESIA BROWN served on 4/26/2022, answer due 5/17/2022; RICHARD CORCORAN served on 4/26/2022, answer due 5/17/2022; BENJAMIN GIBSON served on 4/26/2022, answer due 5/17/2022; TOM GRADY served on 4/26/2022, answer due 5/17/2022; MARVA JOHNSON served on 4/26/2022, answer due 5/17/2022; RYAN PETTY served on 4/26/2022, answer due 5/17/2022; JOE YORK served on 4/26/2022, answer due 5/17/2022. (WILKISON, JESSE) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
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NOTICE of Appearance by CHARLES JUSTIN COOPER on behalf of MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK (COOPER, CHARLES) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
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MOTION to Appear Pro Hac Vice by John D. Ohlendorf.( Filing fee $ 208 receipt number AFLNDC-6969788.) by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (OHLENDORF, JOHN) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
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NOTICE of Appearance by TIMOTHY LEEDS NEWHALL on behalf of ASHLEY MOODY (NEWHALL, TIMOTHY) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
20

NOTICE of Appearance by DAVIS COOPER on behalf of MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK (COOPER, DAVIS) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
21

MOTION to Appear Pro Hac Vice by John D. Ramer.( Filing fee $ 208 receipt number AFLNDC-6970213.) by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (RAMER, JOHN) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
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ORDER ADMITTING JOHN OHLENDORF PRO HAC VICE - GRANTING 18 Motion to Appear Pro Hac Vice. Signed by CHIEF JUDGE MARK E WALKER on 4/28/2022. (erl) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
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ORDER ADMITTING JOHN D. RAMER PRO HAC VICE - GRANTING 21 Motion to Appear Pro Hac Vice. Signed by CHIEF JUDGE MARK E WALKER on 4/28/2022. (erl) (Entered: 04/28/2022)

April 28, 2022

April 28, 2022

PACER
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ORDER SETTING HEARING ON MOTION FOR PRELIMINARY INJUNCTION AND OTHER DEADLINES. The hearing on Plaintiffs' motion for preliminary injunction is set for Tuesday, June 21, 2022, at 9:00 a.m. (ET). Any additional declarations that Plaintiffs wish to file in support of their motion are due on or before 5/18/2022. Defendants' response to Plaintiffs' motion, along with any declarations in support of their response, is due on or before 6/1/2022. Plaintiffs' reply, along with any rebuttal declarations, is due on or before 6/15/2022. Finally, on or before 6/17/2022, the parties shall file a notice with this Court that identifies whether they intend to present live witnesses at the hearing. Signed by CHIEF JUDGE MARK E WALKER on 04/29/2022. (rcb) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

PACER
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Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 4/29/2022. Parties discuss casestatus and schedule for 4 Motion for Preliminary Injunction hearing. Plaintiffs witnessdeclarations due 5/18/2022. Defendants' witness declarations and response to 4 Motion due 6/1/2022. Reply due by 6/15/2022. Parties' notice re: need for live witnesses due 6/17/2022. Preliminaryinjunction hearing set for 9:00 am on 6/21/22. Order to follow (Court Reporter Lisa Snyder (USDC-Tallahassee). (vkm) (Entered: 04/29/2022)

April 29, 2022

April 29, 2022

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NOTICE of Appearance by ALANNAH LEE SHUBRICK on behalf of ASHLEY MOODY (SHUBRICK, ALANNAH) (Entered: 05/03/2022)

May 3, 2022

May 3, 2022

PACER
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NOTICE of Appearance by MATTHEW R KACHERGUS on behalf of ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, TAMMY HODO, NICOLE STEPHANIE JAMIESON (KACHERGUS, MATTHEW) (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER
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DOCKET ANNOTATION BY COURT: Re 1 Complaint,, filed by ROBERT CASSANELLO, TAMMY HODO, DONALD FALLS, JILL HARPER, NICOLE STEPHANIE JAMIESON (rcb)**ISO placed in Judge Walker's referral folder** (Entered: 05/04/2022)

May 4, 2022

May 4, 2022

PACER
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INITIAL SCHEDULING ORDER. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 5/19/2022. Rule 26 Meeting Report due by 6/20/2022. Discovery due by 9/1/2022. Status Report due by 6/6/2022. Signed by CHIEF JUDGE MARK E WALKER on 05/05/2022. (rcb) (Entered: 05/05/2022)

May 5, 2022

May 5, 2022

RECAP
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PLAINTIFF'S NOTICE OF FILING re 4 MOTION for Preliminary Injunction (Attachments: # 1 Declaration of Donald Falls, # 2 Declaration of Dr. Robert Cassanello, # 3 Declaration of Dr. Derek Black, # 4 Declaration of Dr. Tammy Hodo, # 5 Declaration of Barbara Cheives, # 6 Declaration of SFPOC, # 7 Declaration of Dr. Edward Dunbar, # 8 Declaration of Dr. Harry Krop, # 9 Declaration of Jessie Swanson, # 10 Declaration of J.A., # 11 Declaration of B.H., # 12 Declaration of E.G., # 13 Declaration of J.G., # 14 Declaration of Y.A., # 15 Declaration of S.S., # 16 Declaration of D.M.Z., # 17 Declaration of J.D., # 18 Declaration of S.R., # 19 Declaration of C.B., # 20 Declaration of S.C., # 21 Declaration of Maria Salt, # 22 Declaration of B.G.) (WILKISON, JESSE) Modified on 5/19/2022 (rcb). (Entered: 05/18/2022)

1 Declaration of Donald Falls

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2 Declaration of Dr. Robert Cassanello

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3 Declaration of Dr. Derek Black

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4 Declaration of Dr. Tammy Hodo

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5 Declaration of Barbara Cheives

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6 Declaration of SFPOC

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7 Declaration of Dr. Edward Dunbar

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8 Declaration of Dr. Harry Krop

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9 Declaration of Jessie Swanson

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10 Declaration of J.A.

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11 Declaration of B.H.

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12 Declaration of E.G.

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13 Declaration of J.G.

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14 Declaration of Y.A.

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15 Declaration of S.S.

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16 Declaration of D.M.Z.

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17 Declaration of J.D.

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18 Declaration of S.R.

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19 Declaration of C.B.

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20 Declaration of S.C.

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21 Declaration of Maria Salt

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22 Declaration of B.G.

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May 18, 2022

May 18, 2022

RECAP
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Corporate Disclosure Statement/Certificate of Interested Persons by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, TAMMY HODO, NICOLE STEPHANIE JAMIESON. (WILKISON, JESSE) (Entered: 05/19/2022)

May 19, 2022

May 19, 2022

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 15 Summons Returned Executed, 16 Summons Returned Executed. (rcb)**Answers not filed by defendants by 5/17/2022**

May 20, 2022

May 20, 2022

PACER
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MOTION to Extend TimeUnopposed Motion to Extend Deadline to Respond to Plaintiffs' Complaint by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (COOPER, CHARLES) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

RECAP
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ORDER GRANTING EXTENSION. This Court has considered, without hearing, Defendants' unopposed motion to extend the deadline to respond to Plaintiffs complaint, ECF No. 32 . The motion is GRANTED. Defendants shall file a responsive pleading on or before 6/1/2022. Signed by CHIEF JUDGE MARK E WALKER on 05/20/2022. (rcb) (Entered: 05/20/2022)

May 20, 2022

May 20, 2022

PACER
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MOTION to File Amicus Brief by DIVISION 15 OF AMERICAN PSYCHOLOGICAL ASSOCIATION. (Internal deadline for referral to judge if response not filed earlier: 6/8/2022). (Attachments: # 1 Exhibit Amicus Brief in Supp. of Pls.' Mot. for Prelim. Inj.) (AGARWAL, SHALINI) (Entered: 05/25/2022)

May 25, 2022

May 25, 2022

PACER
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MOTION to File Amicus Brief by Learning for Justice, Florida Freedom to Read Project. (Internal deadline for referral to judge if response not filed earlier: 6/8/2022). (Attachments: # 1 Exhibit Proposed Brief of Amici, # 2 Text of Proposed Order) (BOYD, SAMUEL) (Entered: 05/25/2022)

2 Text of Proposed Order

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May 25, 2022

May 25, 2022

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ORDER GRANTING 34 LEAVE TO FILE AMICUS CURIAE BRIEF AND ACCEPTING AMERICAN PSYCHOLOGICAL ASSOCIATIONS BRIEF AS FILED. The unopposed motion is GRANTED and the amicus curiae brief attached to the motion, ECF No. 34 -1, is accepted as filed. Signed by CHIEF JUDGE MARK E WALKER on 05/26/2022. (rcb) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
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ORDER GRANTING 35 LEAVE TO FILE AMICUS CURIAE BRIEF AND ACCEPTING BRIEF AS FILED. The motion is GRANTED and the amicus curiae brief attached to the motion, ECF No. 35 -1, is accepted as filed. Signed by CHIEF JUDGE MARK E WALKER on 05/26/2022. (rcb) (Entered: 05/26/2022)

May 26, 2022

May 26, 2022

PACER
38

MOTION to Appear Pro Hac Vice by Megan M. Wold.( Filing fee $ 208 receipt number AFLNDC-7123664.) by MONESIA BROWN, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, ASHLEY MOODY, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (Attachments: # 1 Exhibit A: Certificate of Good Standing) (WOLD, MEGAN) (Entered: 05/27/2022)

May 27, 2022

May 27, 2022

PACER
39

ORDER ADMITTING MEGAN M. WOLD PRO HAC VICE. The 38 motion is GRANTED. Ms. Wold has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Defendants. Signed by CHIEF JUDGE MARK E WALKER on 05/31/2022. (rcb) (Appointed MEGAN MARIE WOLD for MONESIA BROWN,MEGAN MARIE WOLD for TIMOTHY M CERIO,MEGAN MARIE WOLD for RICHARD CORCORAN,MEGAN MARIE WOLD for RONALD DION DESANTIS,MEGAN MARIE WOLD for AUBREY EDGE,MEGAN MARIE WOLD for PATRICIA FROST,MEGAN MARIE WOLD for BENJAMIN GIBSON,MEGAN MARIE WOLD for TOM GRADY,MEGAN MARIE WOLD for EDWARD HADDOCK,MEGAN MARIE WOLD for H WAYNE HUIZENGA JR,MEGAN MARIE WOLD for NATASSIA JANVIER,MEGAN MARIE WOLD for MARVA JOHNSON,MEGAN MARIE WOLD for KEN JONES,MEGAN MARIE WOLD for DARLENE LUCCIO JORDAN,MEGAN MARIE WOLD for BRIAN LAMB,MEGAN MARIE WOLD for ALAN LEVINE,MEGAN MARIE WOLD for CHARLES H LYDECKER,MEGAN MARIE WOLD for ASHLEY MOODY,MEGAN MARIE WOLD for RYAN PETTY,MEGAN MARIE WOLD for STEVEN M SCOTT,MEGAN MARIE WOLD for WILLIAM SELF,MEGAN MARIE WOLD for ERIC SILAGY,MEGAN MARIE WOLD for KENT STERMON,MEGAN MARIE WOLD for JOE YORK) (Entered: 05/31/2022)

May 31, 2022

May 31, 2022

PACER
40

MOTION for Leave to File Excess Pages Unopposed Motion to Exceed Word Limit for Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (Attachments: # 1 Supplement Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction) (COOPER, CHARLES) (Entered: 06/01/2022)

1

View on RECAP

June 1, 2022

June 1, 2022

PACER
41

NOTICE of Filing Declaration in Support of Defendants' Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK re 40 MOTION for Leave to File Excess Pages Unopposed Motion to Exceed Word Limit for Memorandum in Opposition to Plaintiffs' Motion for Preliminary Injunction (Attachments: # 1 Declaration of John D. Ohlendorf) (COOPER, CHARLES) (Entered: 06/01/2022)

June 1, 2022

June 1, 2022

PACER
42

MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss Plaintiffs' Complaint by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (Internal deadline for referral to judge if response not filed earlier: 6/15/2022). (Attachments: # 1 Defendants' Memorandum of Law in Support of Motion to Dismiss) (COOPER, CHARLES) (Entered: 06/01/2022)

1 Defendants' Memorandum of Law in Support of Motion to Dismiss

View on RECAP

June 1, 2022

June 1, 2022

Clearinghouse
43

ORDER GRANTING MOTION TO EXCEED WORD LIMIT. The motion, ECF No. 40, is GRANTED. Defendants must file their response in opposition to the motion for preliminary injunction as a separate docket entry on or before Friday, 6/3/2022. Signed by CHIEF JUDGE MARK E WALKER on 06/02/2022. (rcb) (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

PACER
44

DEFENDANTS' MEMORANDUM IN OPPOSITION TO PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. (COOPER, CHARLES) Modified to edit title on 6/3/2022 (rcb). (Entered: 06/02/2022)

June 2, 2022

June 2, 2022

Clearinghouse
45

STATUS REPORT by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, TAMMY HODO, NICOLE STEPHANIE JAMIESON. (WILKISON, JESSE) (Entered: 06/06/2022)

June 6, 2022

June 6, 2022

RECAP

Set Deadlines/Hearings Status Report due by 7/7/2022. (rcb)

June 7, 2022

June 7, 2022

PACER
46

REPORT of Rule 26(f) Planning Meeting. (WILKISON, JESSE) (Entered: 06/14/2022)

June 14, 2022

June 14, 2022

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 46 REPORT OF THE PARTIES PLANNING MEETING (rcb)

June 15, 2022

June 15, 2022

PACER
47

SCHEDULING AND MEDIATION ORDER. Bench Trial set for 4/17/2023 08:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. Discovery due by 12/20/2022. Dispositive Motions to be filed by 1/10/2023. Mediation to take place by 1/17/2023. Mediation Report due by 1/31/2023. Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 06/15/2022. (rcb) (Entered: 06/15/2022)

June 15, 2022

June 15, 2022

PACER
48

MOTION for Leave to File Excess Pages by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, TAMMY HODO, NICOLE STEPHANIE JAMIESON. (Attachments: # 1 Exhibit) (WILKISON, JESSE) (Entered: 06/15/2022)

1 Exhibit

View on PACER

June 15, 2022

June 15, 2022

RECAP
49

NOTICE of Filing by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, TAMMY HODO, NICOLE STEPHANIE JAMIESON (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit) (WILKISON, JESSE) (Entered: 06/15/2022)

June 15, 2022

June 15, 2022

PACER
50

ORDER 48 GRANTING MOTION TO FILE REPLY. The motion is GRANTED. Plaintiffs are ordered to file their reply as a separate docket entry by the close of business today, 6/16/2022. Signed by CHIEF JUDGE MARK E WALKER on 06/16/2022. (rcb) (Entered: 06/16/2022)

June 16, 2022

June 16, 2022

RECAP
51

REPLY to Response to Motion re 42 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss Plaintiffs' Complaint, 4 MOTION for Preliminary Injunction filed by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, TAMMY HODO, NICOLE STEPHANIE JAMIESON. (WILKISON, JESSE) (Entered: 06/16/2022)

June 16, 2022

June 16, 2022

PACER
52

MOTION for Leave to File re 42 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss Plaintiffs' Complaint by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, ASHLEY MOODY, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (COOPER, CHARLES) (Entered: 06/16/2022)

June 16, 2022

June 16, 2022

PACER
53

ORDER GRANTING 52 MOTION TO FILE REPLY. The motion is GRANTED. Defendants may file a reply to the response to their motion to dismiss on or before 6/22/2022. Signed by CHIEF JUDGE MARK E WALKER on 06/16/2022. (rcb) (Entered: 06/16/2022)

June 16, 2022

June 16, 2022

PACER
54

NOTICE OF HEARING RE: 4 MOTION for Preliminary Injunction: Preliminary Injunction Hearing set for 6/21/2022 09:00 AM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. Interested persons are welcome to attend this hearing in person, remote access is unavailable. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
55

NOTICE re: Calling Witnesses at Hearing on Motion for Preliminary Injunction by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, TAMMY HODO, NICOLE STEPHANIE JAMIESON (SHEPPARD, WILLIAM) (Entered: 06/17/2022)

June 17, 2022

June 17, 2022

PACER
56

RESPONSE in Support re 42 MOTION to Dismiss for Lack of Jurisdiction Defendants' Motion to Dismiss Plaintiffs' Complaint filed by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, ASHLEY MOODY, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (COOPER, CHARLES) (Entered: 06/19/2022)

June 19, 2022

June 19, 2022

RECAP
57

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Preliminary Injunction Hearing held on 6/21/2022. Court hears argument regarding Plaintiff's 4 Motion for Preliminary Injunction and Defendants' 42 Motion to Dismiss. Ruling by Court: Order to follow (Court Reporter Megan Hague (USDC-Tallahassee)). (vkm) (Entered: 06/21/2022)

June 21, 2022

June 21, 2022

PACER
58

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings held on 6/21/2022, before Judge Mark E. Walker. Court Reporter/Transcriber Megan A. Hague, Telephone number 850-443-9797. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 6/29/2022. Release of Transcript Restriction set for 9/27/2022. (mah) (Entered: 06/22/2022)

June 22, 2022

June 22, 2022

PACER
59

NOTICE OF SUPPLEMENTAL AUTHORITY IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION AND OPPOSITION TO DEFENDANTS' MOTION TO DISMISS (Attachments: # 1 Exhibit Draft FBOG Regulation) (SHEPPARD, WILLIAM) Modified to edit title on 6/24/2022 (rcb). (Entered: 06/23/2022)

1 Exhibit Draft FBOG Regulation

View on PACER

June 23, 2022

June 23, 2022

RECAP
60

DEFENDANTS RESPONSE TO PLAINTIFFS NOTICE OF SUPPLEMENTAL AUTHORITY . (COOPER, CHARLES) Modified to edit title on 6/27/2022 (rcb). (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

RECAP
61

ORDER FOR EXPEDITED SUPPLEMENTAL BRIEFING. The parties should also address how Ch. 2022-70, ยง 1, at 2, Laws of Fla. (amending ยง 1001.706, Fla. Stat.) may or may not impact Dr. Cassanellos standing. The parties must file their briefs on or before 12:00 p.m. ET 6/28/2022. Signed by CHIEF JUDGE MARK E WALKER on 06/24/2022. (rcb) (Entered: 06/24/2022)

June 24, 2022

June 24, 2022

RECAP
62

ORDER DENYING PRELIMINARY INJUNCTION IN PART. Plaintiffs' motion for a preliminary injunction, ECF No. 4, is DENIED in part as to Plaintiffs Falls, Harper, RMJ, and Hodo. This Court reserves ruling as to Plaintiff Cassanello pending additional briefing. Signed by CHIEF JUDGE MARK E WALKER on 6/27/2022. (kjw) (Entered: 06/27/2022)

June 27, 2022

June 27, 2022

Clearinghouse
63

DEFENDANTS SUPPLEMENTAL BRIEF REGARDING CH. 2022-70 re 61 Order,, Set Deadlines/Hearings, (COOPER, CHARLES) Modified to edit title on 6/29/2022 (rcb). (Entered: 06/28/2022)

June 28, 2022

June 28, 2022

RECAP
64

PLAINTIFF ROBERT CASSANELLOS SUPPLEMENTAL BRIEF IN SUPPORT OF MOTION FOR PRELIMINARY INJUNCTION. (Attachments: # 1 Exhibit Exhibit 1 - UCF Employee Code of Conduct, # 2 Exhibit Exhibit 2 - Grievances Alleging Discrimination, # 3 Exhibit Exhibit 3 - The Washington Post Article Dated June 16, 2022) (WILKISON, JESSE) Modified to edit title on 6/29/2022 (rcb). (Entered: 06/28/2022)

1 Exhibit Exhibit 1 - UCF Employee Code of Conduct

View on PACER

2 Exhibit Exhibit 2 - Grievances Alleging Discrimination

View on PACER

3 Exhibit Exhibit 3 - The Washington Post Article Dated June 16, 2022

View on PACER

June 28, 2022

June 28, 2022

RECAP
65

ORDER FOR EXPEDITED SUPPLEMENTAL BRIEFING. Accordingly, Defendant Florida Board of Governors shall file on or before 5:00 PM (ET) on Friday, 7/1/2022, a notice setting out what actions, if any, the Florida Board of Governors takes on the proposed regulation ("10.05 Prohibition of Discrimination in University Training or Instruction"), any other proposed regulation implementing the challenged provisions amending section 1000.05, Florida Statutes, and any proposed regulation implementing the recent amendments to section 1001.706, Florida Statutes, at the meeting of the Florida Board of Governors this week. Signed by CHIEF JUDGE MARK E WALKER on 6/29/2022 (rcb) (Entered: 06/29/2022)

June 29, 2022

June 29, 2022

RECAP
66

DEFENDANTS' SUPPLEMENTAL BRIEF REGARDING ACTIONS OF THE BOARD OF GOVERNORS re 65 Order. (COOPER, CHARLES) Modified on 7/1/2022 (rcb). (Entered: 07/01/2022)

July 1, 2022

July 1, 2022

RECAP
67

STATUS REPORT by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (OHLENDORF, JOHN) (Entered: 07/07/2022)

July 7, 2022

July 7, 2022

PACER

Set Deadlines/Hearings Status Report due by 8/8/2022. (rcb)

July 7, 2022

July 7, 2022

PACER
68

ORDER GRANTING IN PART AND DENYING IN PART MOTION TO DISMISS. Plaintiffs' motion for to dismiss, ECF No. 42, is GRANTED in part and DENIED in part. Plaintiffs' claims against Governor DeSantis are DISMISSED for lack of standing. Plaintiff Hodo's claims are DISMISSED for lack of standing. Plaintiffs Falls and Harpers claims against the Board of Governors are DISMISSED for lack of standing. However, these Plaintiffs may proceed against the Florida Board of Education. Plaintiff RMJ's claims against the Florida Board of Governors are DISMISSED for lack of standing. However, Plaintiff RMJ may proceed against the Florida Board of Education. Plaintiff Cassanello's claims against the Florida Board of Education are DISMISSED for lack of standing. However, Plaintiff Cassanello may proceed against the Florida Board of Governors. Signed by CHIEF JUDGE MARK E WALKER on 07/08/2022. (rcb) (Entered: 07/08/2022)

July 8, 2022

July 8, 2022

Clearinghouse
69

ANSWER to 1 Complaint,, by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (COOPER, CHARLES) (Entered: 07/22/2022)

July 22, 2022

July 22, 2022

PACER
70

STATUS REPORT by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (OHLENDORF, JOHN) (Entered: 08/08/2022)

Aug. 8, 2022

Aug. 8, 2022

RECAP

Reset Deadlines: Joint Status Report due by 9/8/2022. (kjw)

Aug. 9, 2022

Aug. 9, 2022

PACER
71

MOTION for Extension of Time to File Amended Complaint by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, TAMMY HODO, NICOLE STEPHANIE JAMIESON. (DEMAGGIO, BRYAN) (Entered: 08/09/2022)

Aug. 9, 2022

Aug. 9, 2022

RECAP
72

ORDER GRANTING MOTION FOR EXTENSION. Plaintiffs move for an extension of time to file an amended complaint. ECF No. 71 . Defendants do not oppose the motion. The motion is GRANTED. Plaintiffs may file an amended complaint on or before 9/8/2022. Signed by CHIEF JUDGE MARK E WALKER on 8/9/2022. (kjw) (Entered: 08/09/2022)

Aug. 9, 2022

Aug. 9, 2022

PACER
73

NOTICE of Filing of Deposition Excerpts by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK (Attachments: # 1 Exhibit 1 - Deposition Excerpts) (COOPER, CHARLES) (Entered: 08/12/2022)

1 Exhibit 1 - Deposition Excerpts

View on RECAP

Aug. 12, 2022

Aug. 12, 2022

PACER
74

MOTION Partial Summary Judgment and Leave to File Supplemental Memorandum in Opposition to Motion for Preliminary Injunction by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, RONALD DION DESANTIS, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (Attachments: # 1 Exhibit Memorandum in Support of Motion for Partial Summary Judgment and In Opposition to Motion for Preliminary Injunction) (COOPER, CHARLES) (Entered: 08/12/2022)

1 Exhibit Memorandum in Support of Motion for Partial Summary Judgment and In Oppo

View on RECAP

Aug. 12, 2022

Aug. 12, 2022

RECAP
75

NOTICE of Filing of Final Regulation by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK (Attachments: # 1 Exhibit A - Regulation 10.005) (COOPER, CHARLES) (Entered: 08/29/2022)

1 Exhibit A - Regulation 10.005

View on RECAP

Aug. 29, 2022

Aug. 29, 2022

RECAP
76

MOTION to Withdraw as Attorney by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, TAMMY HODO, NICOLE STEPHANIE JAMIESON. (DEMAGGIO, BRYAN) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

RECAP
77

RESPONSE to Motion re 74 MOTION Partial Summary Judgment and Leave to File Supplemental Memorandum in Opposition to Motion for Preliminary Injunction filed by ROBERT CASSANELLO, DONALD FALLS, JILL HARPER, TAMMY HODO, NICOLE STEPHANIE JAMIESON. (DEMAGGIO, BRYAN) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

RECAP
78

ORDER GRANTING 76 MOTION TO WITHDRAW. Plaintiffs continue to be represented by counsel, and representation will continue uninterrupted. This motion is, therefore, GRANTED. The Clerk shall disconnect Mr. Wilkison from CM/ECF on this matter. Signed by CHIEF JUDGE MARK E WALKER on 08/31/2022. (rcb)**MR. WILKISON TERMIANTED AS DIRECTED** (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

RECAP
79

NOTICE of Filing of Deposition Excerpts by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK (Attachments: # 1 Exhibit 1 - Deposition Excerpts) (COOPER, CHARLES) (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

PACER
80

DEFENDANTS' REPLY MEMORANDUM IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT AND IN OPPOSITION TO PLAINTIFF CASSANELLO'S MOTION FOR A PRELIMINARY INJUNCTION. (COOPER, CHARLES) Modified to edit title on 9/8/2022 (rcb). (Entered: 09/07/2022)

Sept. 7, 2022

Sept. 7, 2022

RECAP
81

ORDER DENYING MOTION FOR PARTIAL SUMMARY JUDGMENT. Defendants' motion for partial summary judgment, ECF No. 74, is DENIED. Signed by CHIEF JUDGE MARK E WALKER on 09/08/2022. (rcb) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

Clearinghouse
82

STATUS REPORT by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (OHLENDORF, JOHN) (Entered: 09/08/2022)

Sept. 8, 2022

Sept. 8, 2022

RECAP

Set Deadline- Status Report due by 10/10/2022. (rcb)

Sept. 8, 2022

Sept. 8, 2022

PACER
83

STATUS REPORT by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (OHLENDORF, JOHN) (Entered: 10/10/2022)

Oct. 10, 2022

Oct. 10, 2022

PACER

Set Deadline- Status Report due by 11/10/2022. (rcb)

Oct. 11, 2022

Oct. 11, 2022

PACER
84

STATUS REPORT Corrected Joint Status Report by MONESIA BROWN, TIMOTHY M CERIO, RICHARD CORCORAN, AUBREY EDGE, PATRICIA FROST, BENJAMIN GIBSON, TOM GRADY, EDWARD HADDOCK, H WAYNE HUIZENGA, JR, NATASSIA JANVIER, MARVA JOHNSON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, RYAN PETTY, STEVEN M SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, JOE YORK. (OHLENDORF, JOHN) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
85

UNOPPOSED MOTION FOR AMENDMENT TO SCHEDULING ORDER 47 . (Attachments: # 1 Exhibit Proposed Order Granting Unopposed Motion for Amendment to Scheduling Order) (DEMAGGIO, BRYAN) Modified to edit title on 11/7/2022 (rcb). Modified to edit title on 11/7/2022 (rcb). (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER
86

First MOTION to Quash Subpoena by SCHOOL BOARD OF HARDEE. (Attachments: # 1 Exhibit Subpoena, # 2 Exhibit Letter, # 3 Exhibit Response Letter) (ROSS, WARREN) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

PACER
87

NON-PARTY THE SCHOOL BOARD OF PINELLAS COUNTY FLORIDA'S VERIFIED MOTION TO QUASH SUBPOENA. (Attachments: # 1 Exhibit A, Subpoena, # 2 Exhibit B, Koperski Letter, # 3 Exhibit C, DeMaggio Letter, # 4 Exhibit D, Doran Letter, # 5 Exhibit E, Affidavit of Evans) (DORAN, CHRISTOPHER) Modified to edit title on 11/7/2022 (rcb). (Entered: 11/04/2022)

1 Exhibit A, Subpoena

View on RECAP

2 Exhibit B, Koperski Letter

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3 Exhibit C, DeMaggio Letter

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4 Exhibit D, Doran Letter

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5 Exhibit E, Affidavit of Evans

View on RECAP

Nov. 4, 2022

Nov. 4, 2022

RECAP
88

ORDER GRANTING 85 MOTION TO AMEND SCHEDULING ORDER. Plaintiffs' expert disclosures are due on or before 1/17/2023; Defendants' expert disclosures are due on or before 2/16/2023; The discovery deadline is extended to 3/20/2023; Summary judgment motions are due on or before 4/10/2023; and Trial is continued to Jury Trial set for 7/17/2023 08:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. Signed by CHIEF JUDGE MARK E WALKER on 11/04/2022. (rcb) (Entered: 11/04/2022)

Nov. 4, 2022

Nov. 4, 2022

RECAP

Set Deadline Re: 88 - Plaintiff's Expert Disclosure Due by 1/17/2023. (rcb)

Nov. 4, 2022

Nov. 4, 2022

PACER
89

NON-PARTY THE SCHOOL BOARD OF HARDEE COUNTY, FLORIDAS NOTICE OF WITHDRAWAL OF MOTION TO QUASH SUBPOENA. (Attachments: # 1 Exhibit Letter) (ROSS, WARREN) Modified to edit title on 11/14/2022 (rcb). (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

RECAP
90

JOINT STATUS REPORT. (OHLENDORF, JOHN) Modified to edit title on 11/14/2022 (rcb). (Entered: 11/10/2022)

Nov. 10, 2022

Nov. 10, 2022

PACER
91

NON-PARTY, THE SCHOOL BOARD OF PINELLAS COUNTY, FLORIDA'S, NOTICE OF WITHDRAWAL OF VERIFIED MOTION TO QUASH SUBPOENA. (Attachments: # 1 Exhibit A, DeMaggio 11 10 22 Letter Withdrawing Subp) (DORAN, CHRISTOPHER) Modified to edit title on 11/14/2022 (rcb). (Entered: 11/11/2022)

Nov. 11, 2022

Nov. 11, 2022

PACER

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Education

Key Dates

Filing Date: April 22, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Florida K-12 teachers, a public university professor, a soon-to-be K-12 student, and a Florida-based private company that provides DEI trainings.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Board of Education, State

Florida, State

Florida Board of Governors, State

Defendant Type(s):

Jurisdiction-wide

College/University

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Freedom of speech/association

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Education

School/University policies