Case: Denton v. Board of Governors for the State University System of Florida

4:22-cv-00341 | U.S. District Court for the Northern District of Florida

Filed Date: Sept. 22, 2022

Case Ongoing

Clearinghouse coding complete

Case Summary

This is a case about educational disparities between historically black colleges and universities compared to traditionally white educational institutions in Florida. On September 22, 2022, six African American plaintiffs, current undergraduates and graduate students of Florida Agriculture and Mechanical University (FAMU), sought class status in a lawsuit on behalf of themselves and those similarly situated against the Board of Governors for the State University System of Florida (SUS), the cha…

This is a case about educational disparities between historically black colleges and universities compared to traditionally white educational institutions in Florida.

On September 22, 2022, six African American plaintiffs, current undergraduates and graduate students of Florida Agriculture and Mechanical University (FAMU), sought class status in a lawsuit on behalf of themselves and those similarly situated against the Board of Governors for the State University System of Florida (SUS), the chancellor of SUS, and the State of Florida. The students brought the case in the United States District Court for the Northern District of Florida and were represented by private attorneys. FAMU is a historically black university. In 1998, Florida and the United States Department of Education Office of Civil Rights (OCR) entered a five-year Partnership Agreement attempting to rectify Florida’s historical practice of disparately funding historically black colleges and universities (HBCUs). The goal of the Partnership Agreement was to increase access for minority students at all levels of education by improving access, retention/graduation, and financing for minority students, which OCR studies had found lacking. In 2003, Florida filed a report claiming they had met these requirements. However, the student plaintiffs here alleged that Florida has not met the requirements, because Florida was required to but had not (1) deduplicated prior “separate but equal” curricular programs that resulted in traditionally white counterparts (TWIs) sapping students from HBCUs (2) raised FAMU’s budget so its facilities could reach parity with TWIs, (3) equalized FAMU’s per-student budget to TWI’s per-student budgets, (4) enhanced campus programs and activities, and (5) attracted diverse faculty and staff.

The FAMU students alleged that in violating the Partnership Agreement in these ways, Florida engaged in intentional discrimination and violated the Equal Protection Clause and Title VI. The students sought declaratory relief, an injunction against Florida’s discrimination against FAMU, the appointment of a special mediator to craft and recommend a parity for Florida to ensure FAMU would reach parity with Florida’s TWIs within the next five years, and attorney’s fees.

The case has been assigned to Judge Robert Lewis Hinkle and referred to Magistrate Judge Martin A. Fitzpatrick. 

Plaintiffs filed an amended complaint on January 9, 2023. The amended complaint joined additional defendants to the case, including the State Board of Education of the State of Florida, the Commissioner of Education of the State of Florida, and Governor Ron DeSantis of the state of Florida.

Defendants issued a motion to dismiss this amended complaint on February 8, 2023. On February 22, 2023, defendants filed a motion to stay discovery until the motion to dismiss had been ruled on. The former motion went unopposed by plaintiffs, and Judge Hinkle put out an order affirming the motion to stay discovery on March 14, 2023.

On April 17, 2023, plaintiffs filed a motion for an oral argument on a motion to dismiss by defendants. The judge granted this motion, setting an oral argument for June 1, 2023. Following oral argument, the judge issued an opinion on July 12, 2023, dismissing plaintiffs' first amended complaint. The court found that plaintiffs had failed to meet the redressability factor required to establish jurisdiction. The Court directed that the only proper defendants for plaintiffs' Title VI claim would be the State of Florida and the Board of Governors of the State University System. On the other hand, the proper defendants for plaintiffs' equal protections claim would be the individuals on the Board of Governors, as they would be the parties which had the power to remedy the injuries that plaintiffs claimed. The court further found that plaintiffs had failed to allege facts that showed that Florida's current treatment of HBCUs compared to their traditionally white counterparts maintained a de facto state resembling a segregated-by-law system. For these reasons, the court dismissed plaintiffs' first amended complaint, but allowed plaintiffs to file a new amended complaint by July 3, 2023. Per the court's order, plaintiffs filed their second amended complaint on July 3, 2023, in which they supplemented their argument with additional factual allegations and amended their defendants and causes of action according to the court's instruction.

On August 2, 2023, defendants filed a motion to dismiss plaintiffs' second amended complaint. The parties went before Judge Hinkle for oral argument on November 8, 2023. On January 24, 2024, the court granted the defendants motion to dismiss plaintiffs’ second amended complaint. The court dismissed the plaintiffs claims with prejudice. The court found that the plaintiffs had standing to sue and that Florida lacked sovereign immunity, but the plaintiffs failed to state a claim upon which relief could be granted. The court reasoned that all twelve public universities in Florida have racially diverse faculties and student bodies, and that any demographic differences and disparate funding between the universities were not proven to be based on discriminatory intent. 

On February 23, 2024, the plaintiffs filed a notice of appeal as to the order of dismissal (docket no. 24-10567). Oral arguments were held on June 3, 2025. 

As of March 28, 2026, this case is ongoing. 

Summary Authors

Sophia Bucci (10/14/2022)

Carlos Hurtado-Esteve (12/13/2023)

Liat Sinclair (3/28/2026)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/65367632/parties/denton-v-board-of-governors-for-the-state-university-system-of-florida/


Judge(s)
Attorney for Plaintiff

BROWN, BRAYNARD (Florida)

DUBIN, JOSHUA EVAN (Florida)

Attorney for Defendant

BAKER, SAMANTHA-JOSEPHINE (Florida)

BRODEEN, KAREN ANN (Florida)

Costello, David M. (Florida)

Documents in the Clearinghouse

Documents in this case
1

4:22-cv-00341

Complaint

Sept. 22, 2022

Sept. 22, 2022

Complaint
34

4:22-cv-00341

First Amended Complaint

Jan. 9, 2023

Jan. 9, 2023

Complaint
65

4:22-cv-00341

Order Dismissing First Amended Complaint and Granting Leave to Amend Further

June 12, 2023

June 12, 2023

Order/Opinion
66

4:22-cv-00341

Class Action

July 3, 2023

July 3, 2023

Complaint
84

4:22-cv-00341

Order of Dismissal

Denton et al. v. Board of Governors for the State University System of Florida et al.

Jan. 24, 2024

Jan. 24, 2024

Order/Opinion

713 F.Supp.3d 1207

Docket

See docket on RECAP: https://www.courtlistener.com/docket/65367632/denton-v-board-of-governors-for-the-state-university-system-of-florida/

Last updated June 14, 2026, 6:15 a.m.

ECF Number Date Description Link
1 Sept. 22, 2022

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AFLNDC-7453665.), filed by John Doe, Fayerachel Peterson, Britney Denton, Deidrick Dansby, Nyabi Stevens, Alexander Harris. (HART, BARBARA) (Entered: 09/22/2022)

Clearinghouse
2 Sept. 22, 2022

CIVIL COVER SHEET. (HART, BARBARA) (Entered: 09/22/2022)

RECAP
3 Sept. 22, 2022

MOTION to Appear Pro Hac Vice by Barbara J. Hart.( Filing fee $ 208 receipt number AFLNDC-7453840.) by Deidrick Dansby, Britney Denton, John Doe, Alexander Harris, Fayerachel Peterson, Nyabi Stevens. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (HART, BARBARA) (Entered: 09/22/2022)

RECAP
4 Sept. 22, 2022

NOTICE SUMMONSES TO BE ISSUED TO THE BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, MARSHALL M. CRISER III, and THE STATE OF FLORIDA by Deidrick Dansby, Britney Denton, John Doe, Alexander Harris, Fayerachel Peterson, Nyabi Stevens (HART, BARBARA) (Entered: 09/22/2022)

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5 Sept. 23, 2022

DOCKET ANNOTATION BY COURT re 1 Complaint filed Plaintiffs: Counsel is advised by this entry, for future case openings: Please review the procedure for adding/creating new parties in Chapter 10 of the "CM/ECF Attorney User's Guide", (available on the clerk's website) specifically in regards to the use of UPPERCASE in the parties names and style of the case. The party names will be corrected by the clerk. (tpm) (Entered: 09/23/2022)

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6 Sept. 23, 2022

Summons Issued as to THE STATE OF FLORIDA. (tpm) (Entered: 09/23/2022)

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7 Sept. 23, 2022

Summons Issued as to THE BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA. (tpm) (Entered: 09/23/2022)

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8 Sept. 23, 2022

Summons Issued as to MARSHALL M CRISER III. (tpm) (Entered: 09/23/2022)

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Sept. 23, 2022

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 3 MOTION to Appear Pro Hac Vice by Barbara J. Hart.( Filing fee $ 208 receipt number AFLNDC-7453840.). Referred to MARTIN A FITZPATRICK. (tpm)

9 Sept. 27, 2022

ORDER: it is ORDERED that the motion for leave to appear pro hac vice, ECF No. 3, is GRANTED. Attorney BARBARA JANE HART add as attorney of record for Plaintiffs. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 09/27/2022. (tpm) (Entered: 09/27/2022)

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10 Oct. 7, 2022

MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-7497403.) by DEIDRICK DANSBY, BRITNEY DENTON, JOHN DOE, ALEXANDER HARRIS, FAYERACHEL PETERSON, NYABI STEVENS. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (BROWN, BRAYNARD) (Entered: 10/07/2022)

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11 Oct. 11, 2022

MOTION to Appear Pro Hac Vice by Irene R. Lax.( Filing fee $ 208 receipt number AFLNDC-7504055.) by DEIDRICK DANSBY, BRITNEY DENTON, JOHN DOE, ALEXANDER HARRIS, FAYERACHEL PETERSON, NYABI STEVENS. (LAX, IRENE) (Entered: 10/11/2022)

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12 Oct. 11, 2022

NOTICE Notice of Filing of Exhibit A to Doc. 11 by DEIDRICK DANSBY, BRITNEY DENTON, JOHN DOE, ALEXANDER HARRIS, FAYERACHEL PETERSON, NYABI STEVENS re 11 MOTION to Appear Pro Hac Vice by Irene R. Lax.( Filing fee $ 208 receipt number AFLNDC-7504055.) (LAX, IRENE) (Entered: 10/11/2022)

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Oct. 11, 2022

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 10 MOTION to Appear Pro Hac Vice( Filing fee $ 208 receipt number AFLNDC-7497403.). Referred to MARTIN A FITZPATRICK. (tpm)

13 Oct. 12, 2022

ORDER: It is ORDERED that the motion for leave to appear pro hac vice, ECF No. 10, is GRANTED. (BRAYNARD BROWN added as attorney for DEIDRICK DANSBY, BRITNEY DENTON, JOHN DOE, ALEXANDER HARRIS, FAYERACHEL PETERSON, NYABI STEVENS). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/12/2022. (tpm) (Entered: 10/13/2022)

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14 Oct. 12, 2022

ORDER: The motion for leave to appear pro hac vice, ECF No. 11, is provisionally GRANTED. No later than October 19, 2022, counsel must file a Certificate of Good Standing from the bar of the jurisdiction where counsel resides or regularly practices law, dated within 30 days of the filing of the instant motion, ECF No. 11 . (IRENE RACHAEL LAX added as attorney for DEIDRICK DANSBY, BRITNEY DENTON, JOHN DOE, ALEXANDER HARRIS, FAYERACHEL PETERSON, NYABI STEVENS). Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/12/2022. (tpm) (Entered: 10/13/2022)

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Oct. 12, 2022

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 11 MOTION to Appear Pro Hac Vice by Irene R. Lax.( Filing fee $ 208 receipt number AFLNDC-7504055.), 12 Notice (Other),. Referred to MARTIN A FITZPATRICK. (tpm)

Oct. 12, 2022

Set Deadlines pursuant to Order, ECF No. 14 : Filing Certificate of Good Standing Deadline - by 10/19/2022. (tpm)

15 Oct. 17, 2022

MOTION to Appear Pro Hac Vice by Samuel Mukiibi.( Filing fee $ 208 receipt number AFLNDC-7516016.) by DEIDRICK DANSBY, BRITNEY DENTON, JOHN DOE, ALEXANDER HARRIS, FAYERACHEL PETERSON, NYABI STEVENS. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (MUKIIBI, SAMUEL) (Entered: 10/17/2022)

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16 Oct. 18, 2022

MOTION Joint Motion To Establish Briefing Schedule And Continue Deadline For Class Certification by BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, MARSHALL M CRISER, III, STATE OF FLORIDA. (NEWHALL, TIMOTHY) (Entered: 10/18/2022)

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17 Oct. 18, 2022

NOTICE of Appearance by ANITA J PATEL on behalf of All Defendants (PATEL, ANITA) (Entered: 10/18/2022)

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18 Oct. 18, 2022

NOTICE of Appearance by TIMOTHY LEEDS NEWHALL on behalf of All Defendants (NEWHALL, TIMOTHY) (Entered: 10/18/2022)

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19 Oct. 19, 2022

SUMMONS Returned Executed by JOHN DOE, DEIDRICK DANSBY, NYABI STEVENS, BRITNEY DENTON, FAYERACHEL PETERSON, ALEXANDER HARRIS. BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA served on 9/30/2022, answer due 10/21/2022. (HART, BARBARA) (Entered: 10/19/2022)

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20 Oct. 19, 2022

SUMMONS Returned Executed by JOHN DOE, DEIDRICK DANSBY, NYABI STEVENS, BRITNEY DENTON, FAYERACHEL PETERSON, ALEXANDER HARRIS. MARSHALL M CRISER, III served on 9/30/2022, answer due 10/21/2022. (HART, BARBARA) (Entered: 10/19/2022)

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21 Oct. 19, 2022

SUMMONS Returned Executed by JOHN DOE, DEIDRICK DANSBY, NYABI STEVENS, BRITNEY DENTON, FAYERACHEL PETERSON, ALEXANDER HARRIS. STATE OF FLORIDA served on 9/29/2022, answer due 10/20/2022. (HART, BARBARA) (Entered: 10/19/2022)

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22 Oct. 19, 2022

INITIAL SCHEDULING ORDER: The deadline for the Rule 26(f) attorney conference is 11/22/2022. The deadline to file the Rule 26(f) report is 12/6/2022. Absent good cause set out in the 26(f) report, the discovery deadline will be 7/21/2023, and the trial will occur during the two-week period that begins on November 6, 2023. The joint motion, ECF No. 16, to set a briefing schedule and extend the deadline to move to certify a class is granted. The deadline to respond to the complaint is extended to 11/2/2022. The plaintiffs must respond to any motion to dismiss by 12/23/2022. A defendant may file a reply memorandum by 111/11/2023. Signed by JUDGE ROBERT L HINKLE on 10/19/2022.(Jury Trial set for 11/6/2023 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.) (tpm) Modified on 10/24/2022 as to correct deadline (tpm). Modified on 10/24/2022 (kjw). (Entered: 10/19/2022)

RECAP
Oct. 19, 2022

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 15 MOTION to Appear Pro Hac Vice by Samuel Mukiibi.( Filing fee $ 208 receipt number AFLNDC-7516016.). (tpm)

Oct. 19, 2022

Set Deadline pursuant to Initial Scheduling Order, ECF No. 22 : Response(s) to Complaint due by 11/21/2022. (tpm)

23 Oct. 20, 2022

ORDER: It is ORDERED that the motion for leave to appear pro hac vice, ECF No. 15, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/20/2022. (tpm) (SAMUEL MUKIIBI added as attorney for plaintiffs) (Entered: 10/20/2022)

RECAP
Oct. 24, 2022

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: Set Deadlines/Hearings:, 12 Notice (Other),. **Certificate of Good Standing Filed** (tpm)

24 Oct. 25, 2022

ORDER: Counsel's compliance with the requirement to file a Certificate of Good Standing, ECF No. 12, is noted and nothing further is required. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/25/2022. (tpm) (Entered: 10/25/2022)

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Nov. 10, 2022

**ACTION NO LONGER REQUIRED** ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 22 Scheduling Order ***NO RESPONSE TO THE COMPLAINT FILED BY THE 11/02/2022 SET IN THE ISO FILED*** (tpm) Modified on 11/14/2022 (tpm).

25 Nov. 21, 2022

MOTION to Dismiss by BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, MARSHALL M CRISER, III, STATE OF FLORIDA. (Internal deadline for referral to judge if response not filed earlier: 12/5/2022). (PATEL, ANITA) (Entered: 11/21/2022)

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26 Nov. 21, 2022

MOTION of Plaintiff John Doe to Proceed Under Pseudonym by JOHN DOE. (Attachments: # 1 Exhibit A - Declaration of John Doe) (HART, BARBARA) (Entered: 11/21/2022)

1 Exhibit A - Declaration of John Doe

View on RECAP

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27 Nov. 22, 2022

ORDER DENYING LEAVE TO PROCEED UNDER A PSEUDONYM: The motion to proceed under a pseudonym, ECF No. 26, is denied. The plaintiff identified in the complaint as "John Doe" must file by 12/7/2022 a notice setting out his name. Signed by JUDGE ROBERT L HINKLE on 11/22/2022. (tpm) (Entered: 11/28/2022)

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28 Dec. 6, 2022

REPORT of Rule 26(f) Planning Meeting. (HART, BARBARA) (Entered: 12/06/2022)

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29 Dec. 7, 2022

NOTICE OF Identity by JOHN DOE (HART, BARBARA) (Entered: 12/07/2022)

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30 Dec. 8, 2022

SCHEDULING AND MEDIATION ORDER re 28 Report of Rule 26(f) Planning Meeting : Discovery due by 7/21/2023. Dispositive Motions to be filed by 8/11/2023. Jury Trial set for 11/6/2023 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. Mediation to take place by 8/4/2023. Mediation Report due by 8/18/2023. Case referred to mediation. Signed by JUDGE ROBERT L HINKLE on 12/08/2022. (tpm) (Entered: 12/08/2022)

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31 Dec. 14, 2022

NOTICE of Appearance by KAREN ANN BRODEEN on behalf of BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, MARSHALL M CRISER, III, STATE OF FLORIDA (BRODEEN, KAREN) (Entered: 12/14/2022)

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32 Dec. 15, 2022

NOTICE of Plaintiffs to Court to Amend Complaint and Unopposed Motion to Alter Case Schedule by DEIDRICK DANSBY, BRITNEY DENTON, JOHN DOE, ALEXANDER HARRIS, FAYERACHEL PETERSON, NYABI STEVENS re 22 Scheduling Order,,,,, Set Deadlines/Hearings,,,, (Attachments: # 1 Text of Proposed Order [Proposed] Order to Plaintiffs' Notice to Court to Amend Complaint and Unopposed Motion to Alter Case Schedule) (HART, BARBARA) (Entered: 12/15/2022)

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33 Dec. 19, 2022

ORDER SETTING THE SCHEDULE FOR AN AMENDED COMPLAINT AND EXTENDING THE 26(a)(1) DEADLINE: The motion to amend the schedule, ECF No. 32, is granted. The plaintiffs may file an amended complaint by 1/9/2023. The defendants must respond by 2/8/2023. If the response is a motion, the plaintiffs must respond to the motion by 3/1/2023, and the defendants may file a reply memorandum by 3/15/2023. The deadline for Federal Rule of Civil Procedure 26(a)(1) disclosures is extended to 1/20/2023. Signed by JUDGE ROBERT L HINKLE on 12/19/2022. (tpm) (Entered: 12/19/2022)

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34 Jan. 9, 2023

FIRST AMENDED COMPLAINT against BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, MARSHALL M CRISER, III, STATE OF FLORIDA, STATE BOARD OF EDUCATION OF THE STATE OF FLORIDA, MANNY DIAZ, JR, RON DESANTIS, filed by DEIDRICK DANSBY, JACARI HESTER, NYABI STEVENS, BRITNEY DENTON, FAYERACHEL PETERSON, ALEXANDER HARRIS. (HART, BARBARA) (Entered: 01/09/2023)

Clearinghouse
35 Jan. 10, 2023

Request For Issuance of Summonses by DEIDRICK DANSBY, BRITNEY DENTON, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON, NYABI STEVENS. (Attachments: # 1 Request for Issuance of Summons, # 2 Request for Issuance of Summons) (HART, BARBARA) (Entered: 01/10/2023)

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36 Jan. 11, 2023

Summons Issued as to RON DESANTIS, MANNY DIAZ, JR, STATE BOARD OF EDUCATION OF THE STATE OF FLORIDA. (Attachments: # 1 summons, # 2 summons) (sjb) (Entered: 01/11/2023)

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37 Jan. 12, 2023

ORDER DENYING AS MOOT THE MOTION TO DISMISS THE ORIGINAL COMPLAINT - The motion, ECF No. 25, to dismiss the original complaint is denied as moot. Signed by JUDGE ROBERT L HINKLE on 1/12/23. (sjb) (Entered: 01/13/2023)

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38 Feb. 2, 2023

SUMMONS Returned Executed by DEIDRICK DANSBY, JACARI HESTER, NYABI STEVENS, BRITNEY DENTON, FAYERACHEL PETERSON, ALEXANDER HARRIS. STATE BOARD OF EDUCATION OF THE STATE OF FLORIDA served on 1/18/2023, answer due 2/8/2023. (HART, BARBARA) (Entered: 02/02/2023)

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39 Feb. 2, 2023

SUMMONS Returned Executed by DEIDRICK DANSBY, JACARI HESTER, NYABI STEVENS, BRITNEY DENTON, FAYERACHEL PETERSON, ALEXANDER HARRIS. MANNY DIAZ, JR served on 1/18/2023, answer due 2/8/2023. (HART, BARBARA) (Entered: 02/02/2023)

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40 Feb. 2, 2023

SUMMONS Returned Executed by DEIDRICK DANSBY, JACARI HESTER, NYABI STEVENS, BRITNEY DENTON, FAYERACHEL PETERSON, ALEXANDER HARRIS. RON DESANTIS served on 1/18/2023, answer due 2/8/2023. (HART, BARBARA) (Entered: 02/02/2023)

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41 Feb. 6, 2023

NOTICE of Appearance by ANITA J PATEL on behalf of All Defendants (PATEL, ANITA) (Entered: 02/06/2023)

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42 Feb. 8, 2023

MOTION to Dismiss Plaintiffs' First Amended Complaint and Incorporated Memorandum of Law by BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, RON DESANTIS, MANNY DIAZ, JR, RAYMOND RODRIGUES, STATE BOARD OF EDUCATION OF THE STATE OF FLORIDA, STATE OF FLORIDA. (Internal deadline for referral to judge if response not filed earlier: 2/22/2023). (Attachments: # 1 Exhibit Declaration of Chris Spencer, # 2 Exhibit Declaration of Tim Jones) (PATEL, ANITA) (Entered: 02/08/2023)

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43 Feb. 22, 2023

UNOPPOSED MOTION to Stay Discovery by BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, MARSHALL M CRISER, III, RON DESANTIS, MANNY DIAZ, JR, RAYMOND RODRIGUES, STATE BOARD OF EDUCATION OF THE STATE OF FLORIDA, STATE OF FLORIDA. (PATEL, ANITA) Modified on 2/23/2023 (sjb). (Entered: 02/22/2023)

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44 March 1, 2023

RESPONSE in Opposition re 42 MOTION to Dismiss Plaintiffs' First Amended Complaint and Incorporated Memorandum of Law filed by DEIDRICK DANSBY, BRITNEY DENTON, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON, NYABI STEVENS. (Attachments: # 1 Exhibit A) (HART, BARBARA) (Entered: 03/01/2023)

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45 March 14, 2023

ORDER STAYING DISCOVERY - The unopposed motion, ECF No. 43, to stay discovery until a ruling is entered on the motion to dismiss is granted. Signed by JUDGE ROBERT L HINKLE on 3/14/23. (sjb) (Entered: 03/14/2023)

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46 March 15, 2023

NOTICE DEFENDANTS REPLY MEMORANDUM TO PLAINTIFFS RESPONSE IN OPPOSITION TO DEFENDANTS MOTION TO DISMISS PLAINTIFFS FIRST AMENDED COMPLAINT by BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, RON DESANTIS, MANNY DIAZ, JR, RAYMOND RODRIGUES, STATE BOARD OF EDUCATION OF THE STATE OF FLORIDA, STATE OF FLORIDA re 44 Response in Opposition to Motion, (PATEL, ANITA) (Entered: 03/15/2023)

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47 April 17, 2023

MOTION FOR ORAL ARGUMENT for Hearing re 44 Response in Opposition to Motion, 42 MOTION to Dismiss Plaintiffs' First Amended Complaint and Incorporated Memorandum of Law by DEIDRICK DANSBY, BRITNEY DENTON, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON, NYABI STEVENS. (HART, BARBARA) Modified on 4/18/2023 edit to title(sjb). (Entered: 04/17/2023)

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48 April 21, 2023

NOTICE REGARDING ELECTRONIC FILING AND ATTORNEY ADMISSIONS REQUIREMENT (Mailed to counsel for plaintiff's) (Attachments: # 1 Notice Mailed to Counsel for Plaintiff's) (sjb) (Entered: 04/21/2023)

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49 April 24, 2023

UNOPPOSED MOTION to Withdraw as Attorney by BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, MARSHALL M CRISER, III, STATE OF FLORIDA. (BRODEEN, KAREN) Modified on 4/25/2023 edit to title(sjb). (Entered: 04/24/2023)

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50 April 25, 2023

ORDER GRANTING LEAVE TO WITHDRAW--BRODEEN - Attorney Karen A. Brodeen's unopposed motion for leave to withdraw, ECF No. 49, is granted, effective immediately. Signed by JUDGE ROBERT L HINKLE on 4/25/23. (sjb) (Entered: 04/25/2023)

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51 April 25, 2023

ORDER FOR ORAL ARGUMENT - The plaintiffs motion for oral argument, ECF No. 47, is granted. By separate notice, the clerk must set oral argument for June 1, 2023. The argument will be conducted by telephone unless, by 5/11/2023, a party files a notice indicating that both sides agree the argument should be conducted in person. Signed by JUDGE ROBERT L HINKLE on 4/25/23. (sjb) (Entered: 04/25/2023)

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52 April 25, 2023

NOTICE OF TELEPHONIC HEARING on 42 Motion to Dismiss: Telephonic Oral Argument set for 6/1/2023 01:00 PM before JUDGE ROBERT L HINKLE. Please note each side will have 15 minutes for argument. Call in number: 888-684-8852Access code: 3243416#Security code: 1234#Proceedings may not be recorded or otherwise broadcast for public dissemination. s/ Cindy MarkleyCourtroom Deputy Clerk (ckm) (Entered: 04/25/2023)

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53 May 3, 2023

Joint MOTION to Stay All Deadlines Pending Resolution of Defendants' Pending Motion to Dismiss by DEIDRICK DANSBY, BRITNEY DENTON, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON, NYABI STEVENS. (HART, BARBARA) (Entered: 05/03/2023)

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54 May 6, 2023

ORDER TOLLING DEADLINES - The joint motion to stay all deadlines, ECF No. 53, is granted. Signed by JUDGE ROBERT L HINKLE on 5/6/23. (sjb) (Entered: 05/08/2023)

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55 May 8, 2023

NOTICE of Appearance by STEPHANIE ANNE MORSE on behalf of All Defendants (MORSE, STEPHANIE) (Entered: 05/08/2023)

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56 May 8, 2023

Mail Returned as Undeliverable (Return to Sender, No Such Number, Unable to Forward). Mail sent to ATTORNEY JOSH DUBIN Re: 48 NOTICE REGARDING ELECTRONIC FILING AND ATTORNEY ADMISSIONS REQUIREMENT. (kjw) (Entered: 05/09/2023)

RECAP
57 May 10, 2023

NOTICE of Joint Request for In Person Oral Argument on Defendants' Pending Motion to Dismiss by DEIDRICK DANSBY, BRITNEY DENTON, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON, NYABI STEVENS re 51 Order,, Set Deadlines/Hearings, (HART, BARBARA) (Entered: 05/10/2023)

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58 May 11, 2023

AMENDED NOTICE OF HEARING (per 57 Notice) - changing to in person: Oral Argument on 42 Motion to Dismiss set for 6/1/2023 01:00 PM before JUDGE ROBERT L HINKLE, United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301. Please note each side will have 15 minutes for argument. 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 Cindy Markley at 850-521-3518 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Cindy MarkleyCourtroom Deputy Clerk (ckm) (Entered: 05/11/2023)

RECAP
59 May 11, 2023

NOTICE of Appearance by JOSHUA EVAN DUBIN on behalf of All Plaintiffs (DUBIN, JOSHUA) (Entered: 05/11/2023)

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60 May 24, 2023

MOTION to Appear Pro Hac Vice by Karin E. Fisch.( Filing fee $ 208 receipt number AFLNDC-7885106.) by DEIDRICK DANSBY, BRITNEY DENTON, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON, NYABI STEVENS. (Attachments: # 1 Exhibit A - Certificates of Good Standing) (FISCH, KARIN) (Entered: 05/24/2023)

RECAP
May 25, 2023

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 60 MOTION to Appear Pro Hac Vice by Karin E. Fisch. (Filing fee $ 208 receipt number AFLNDC-7885106.) Referred to MARTIN A FITZPATRICK. (ckm)

61 May 26, 2023

NOTICE of Appearance by SAMANTHA-JOSEPHINE BAKER on behalf of BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, RON DESANTIS, MANNY DIAZ, JR, RAYMOND RODRIGUES, STATE BOARD OF EDUCATION OF THE STATE OF FLORIDA, STATE OF FLORIDA (BAKER, SAMANTHA-JOSEPHINE) (Entered: 05/26/2023)

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62 May 26, 2023

ORDER granting 60 Motion to Appear Pro Hac Vice (Attorney KARIN ELIZABETH FISCH added for all Plaintiffs. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 5/26/2023. (amm) (Entered: 05/26/2023)

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63 June 1, 2023

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Oral Argument held on 6/1/2023. Court hears argument regarding Defendants' 42 Motion to Dismiss. Ruling by Court: Plaintiffs to file an amended complaint no later than 30 days from today. Order to follow (Amended Complaint due by 7/3/2023) (Court Reporter Lisa Snyder (USDC-Tallahassee)). (vkm) (Entered: 06/01/2023)

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64 June 5, 2023

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Motion Hearing Proceedings held on 6/1/2023, before Judge Robert Hinkle. Court Reporter/Transcriber Lisa Snyder, Telephone number 850-567-1374. 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 6/12/2023. Release of Transcript Restriction set for 9/11/2023. (ls) (Entered: 06/05/2023)

RECAP
65 June 12, 2023

ORDER DISMISSING FIRST AMENDED COMPLAINT AND GRANTING LEAVE TO AMEND FURTHER - The motion to dismiss, ECF No. 42, is granted. The first amended complaint is dismissed. Amended Pleadings due by 7/3/2023. Signed by JUDGE ROBERT L HINKLE on 6/12/23. (sjb) (Entered: 06/13/2023)

Clearinghouse
66 July 3, 2023

SECOND AMENDED COMPLAINT against All Defendants All Defendants., filed by DEIDRICK DANSBY, JACARI HESTER, NYABI STEVENS, BRITNEY DENTON, FAYERACHEL PETERSON, ALEXANDER HARRIS. (HART, BARBARA) (Entered: 07/03/2023)

Clearinghouse
67 July 5, 2023

NOTICE SUMMONSES TO BE ISSUED TO THE BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, et al., by DEIDRICK DANSBY, BRITNEY DENTON, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON, NYABI STEVENS re 66 Amended Complaint (HART, BARBARA) (Entered: 07/05/2023)

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68 July 6, 2023

Summons Issued as to BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, TIMOTHY M CERIO, AUBREY EDGE, PATRICIA FROST, EDWARD HADDOCK, JACK HITCHCOCK, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, CRAIG MATEER, DEANNA MICHAEL, JOSE OLIVA, STEVEN M SCOTT, ERIC SILAGY. (Attachments: # 1 summons, # 2 summons, # 3 summons, # 4 summons, # 5 summons, # 6 summons, # 7 summons, # 8 summons, # 9 summons, # 10 summons, # 11 summons, # 12 summons, # 13 summons, # 14 summons, # 15 summons) (sjb) (Entered: 07/06/2023)

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69 July 10, 2023

JOINT MOTION TO ESTABLISH BRIEFING SCHEDULE re 66 Amended Complaint by BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA. (PATEL, ANITA) Modified title on 7/11/2023 (amm). (Entered: 07/10/2023)

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70 July 16, 2023

ORDER SETTING THE BRIEFING SCHEDULE ON MOTIONS DIRECTED TO THE SECOND AMENDED COMPLAINT: The joint motion to establish a briefing schedule, ECF No. 69, is granted. The proposed schedule is adopted. Signed by JUDGE ROBERT L HINKLE on 7/16/2023. (amm) (Entered: 07/18/2023)

RECAP
July 16, 2023

Set Deadlines re: 70 ORDER SETTING THE BRIEFING SCHEDULE ON MOTIONS DIRECTED TO THE SECOND AMENDED COMPLAINT: 8/2/2023 - Deadline for Defendants to respond to the Complaint. 9/1/2023 - Deadline for Plaintiffs' Opposition to Defendants' Response. 9/15/2023 - Deadline for Defendants' Reply. (amm)

71 Aug. 2, 2023

MOTION to Dismiss Plaintiffs' Second Amended Complaint and Incorporated Memorandum of Law by BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, TIMOTHY M CERIO, MANNY DIAZ, JR, AUBREY EDGE, PATRICIA FROST, EDWARD HADDOCK, JACK HITCHCOCK, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, CRAIG MATEER, DEANNA MICHAEL, JOSE OLIVA, RAYMOND RODRIGUES, STEVEN M SCOTT, ERIC SILAGY, STATE OF FLORIDA. (Internal deadline for referral to judge if response not filed earlier: 8/16/2023). (Attachments: # 1 Exhibit) (PATEL, ANITA) (Entered: 08/02/2023)

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72 Sept. 1, 2023

RESPONSE in Opposition re 71 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Incorporated Memorandum of Law filed by DEIDRICK DANSBY, BRITNEY DENTON, JOHN DOE, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON. (Attachments: # 1 Exhibit A) (HART, BARBARA) (Entered: 09/01/2023)

RECAP
73 Sept. 12, 2023

MOTION for Oral Argument re 71 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Incorporated Memorandum of Law, 72 Response in Opposition to Motion, by DEIDRICK DANSBY, BRITNEY DENTON, JOHN DOE, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON, NYABI STEVENS. (HART, BARBARA) (Entered: 09/12/2023)

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74 Sept. 15, 2023

REPLY MEMORANDUM TO PLAINTIFFS' RESPONSE IN OPPOSITION TO DEFENDANTS' MOTION TO DISMISS PLAINTIFFS' SECOND AMENDED COMPLAINT re 71 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Incorporated Memorandum of Law filed by BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, TIMOTHY M CERIO, MANNY DIAZ, JR, AUBREY EDGE, PATRICIA FROST, EDWARD HADDOCK, JACK HITCHCOCK, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, CRAIG MATEER, DEANNA MICHAEL, JOSE OLIVA, RAYMOND RODRIGUES, STEVEN M SCOTT, ERIC SILAGY, STATE OF FLORIDA. (PATEL, ANITA) Modified on 9/18/2023 to edit title (baf). (Entered: 09/15/2023)

RECAP
75 Sept. 21, 2023

UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS - Samuel Mukkibi by DEIDRICK DANSBY, BRITNEY DENTON, JOHN DOE, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON, NYABI STEVENS. (MUKIIBI, SAMUEL) Modified on 9/22/2023 (baf). (Entered: 09/21/2023)

RECAP
76 Sept. 26, 2023

NOTICE of Supplemental Authority by DEIDRICK DANSBY, BRITNEY DENTON, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON, NYABI STEVENS re 71 MOTION to Dismiss Plaintiffs' Second Amended Complaint and Incorporated Memorandum of Law, 72 Response in Opposition to Motion, (Attachments: # 1 Exhibit A) (HART, BARBARA) (Entered: 09/26/2023)

RECAP
77 Sept. 27, 2023

DEFENDANTS' RESPONSE TO PLAINTIFFS' NOTICE OF SUPPLEMENTAL AUTHORITY - by CHARLES H LYDECKER, DARLENE LUCCIO JORDAN, BOARD OF GOVERNORS FOR THE STATE UNIVERSITY SYSTEM OF FLORIDA, RAYMOND RODRIGUES, TIMOTHY M CERIO, CRAIG MATEER, KEN JONES, PATRICIA FROST, BRIAN LAMB, ALAN LEVINE, EDWARD HADDOCK, STEVEN M SCOTT, JOSE OLIVA, JACK HITCHCOCK, DEANNA MICHAEL, STATE OF FLORIDA, AUBREY EDGE, ERIC SILAGY, MANNY DIAZ, JR. Modified to edit title 9/28/2023 (baf). (Entered: 09/27/2023)

RECAP
78 Oct. 18, 2023

ORDER FOR ORAL ARGUMENT ON THE MOTION TO DISMISS - The plaintiffs' motion for oral argument, ECF No. 73, is granted in part. By a separate notice, the clerk must set oral argument on the motion to dismiss for the first available date on or after November 8, 2023. The argument will be conducted by videoconference unless, by October 25, 2023, both sides request that it be conducted in person. Signed by JUDGE ROBERT L HINKLE on 10/18/2023. (baf) (Entered: 10/19/2023)

RECAP
79 Oct. 20, 2023

NOTICE OF HEARING on 71 Motion to Dismiss (to be conducted by video): Oral Argument set for 11/8/2023 03:00 PM before JUDGE ROBERT L HINKLE. A video link will be sent to counsel of record in a separate email. Please note each side will have 20 minutes for argument.Members of the general public may join by telephone but must keep their phones muted: Call in number: 888-684-8852Access code: 3243416#Security code: 1234#Proceedings may not be recorded or otherwise broadcast for public dissemination. s/ Cindy MarkleyCourtroom Deputy Clerk (ckm) (Entered: 10/20/2023)

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80 Oct. 21, 2023

ORDER GRANTING LEAVE TO WITHDRAW-MUKIIBI - Attorney Samuel Mukiibi's unopposed motion for leave to withdraw, ECF No. 75, is granted, effective immediately. Signed by JUDGE ROBERT L HINKLE on 10/21/2023. (baf) (Entered: 10/23/2023)

RECAP
81 Nov. 8, 2023

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Motion Hearing held on 11/8/2023. Court hears argument of counsel on Defendants' 71 Motion to Dismiss Plaintiffs' Second Amended Complaint. Ruling by Court: An order will follow (Court Reporter Kairisa Magee (USDC-Tallahassee)). (vkm) (Entered: 11/08/2023)

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82 Nov. 22, 2023

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Zoom Motion to Dismiss Proceedings held on 11/08/2023, before Judge Robert L. Hinkle. Court Reporter/Transcriber Kairisa J. Magee, Telephone number 850-329-5378. 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 11/29/2023. Release of Transcript Restriction set for 2/27/2024. (kjm) (Entered: 11/22/2023)

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83 Jan. 24, 2024

UNOPPOSED MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFFS Irene R. Lax by DEIDRICK DANSBY, BRITNEY DENTON, JOHN DOE, ALEXANDER HARRIS, JACARI HESTER, FAYERACHEL PETERSON, NYABI STEVENS. (LAX, IRENE) Modified title on 1/25/2024 (baf). (Entered: 01/24/2024)

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84 Jan. 24, 2024

ORDER OF DISMISSAL - The motion to dismiss, ECF No. 71, is granted. The clerk must enter judgment stating, "The plaintiffs' claims are dismissed with prejudice." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 1/24/2024. (baf) (Entered: 01/25/2024)

Clearinghouse
85 Jan. 25, 2024

CLERK'S JUDGMENT pursuant to 84 ORDER OF DISMISSAL. (baf) ( 90 Day Exhibit Return Deadline set for 4/24/2024) (Entered: 01/25/2024)

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86 Feb. 1, 2024

ORDER GRANTING LEAVE TO WITHDRAW-LAX - Attorney Irene R. Lax's unopposed motion for leave to withdraw, ECF No. 83, is granted, effective immediately. Signed by JUDGE ROBERT L HINKLE on 2/1/2024. (baf) (Entered: 02/01/2024)

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87 Feb. 23, 2024

NOTICE OF APPEAL as to 84 ORDER OF DISMISSAL, by BRITNEY DENTON. ( Filing fee $605 Receipt Number AFLNDC-8639029.) (HART, BARBARA) (Entered: 02/23/2024)

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88 Feb. 23, 2024

Appeal Instructions re: 87 Notice of Appeal : The Transcript Request Form is available on the Internet at https://www.flnd.uscourts.gov/form/eleventh-circuit-transcript-information-form **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 3/8/2024. (baf) (Entered: 02/23/2024)

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89 Feb. 23, 2024

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 87 Notice of Appeal. (baf) (Entered: 02/23/2024)

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Feb. 23, 2024

Set Deadlines re 87 Notice of Appeal : Clerk to check status of Appeal on 5/23/2024. Certificate of Readiness (FRAP 11) due by 3/8/2024. (baf)

Case Details

State / Territory:

Florida

Case Type(s):

Education

School Desegregation

Key Dates

Filing Date: Sept. 22, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The plaintiffs are six African American plaintiffs, current undergraduates and graduate students of Florida Agriculture and Mechanical University (FAMU). They also seek a class action to sue on behalf of those similarly situated.

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Pending

Defendants

State

Florida

Florida

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

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

Constitutional Clause(s):

Equal Protection

Other Dockets:

Northern District of Florida 4:22-cv-00341

U.S. Court of Appeals for the Eleventh Circuit 24-10567

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: None Yet / None

Relief Sought:

Attorneys fees

Declaratory judgment

Injunction

Relief Granted:

None yet

Source of Relief:

None yet

Content of Injunction:

Develop anti-discrimination policy

Discrimination Prohibition

Issues

General/Misc.:

Education

Government services

Pattern or Practice

Racial segregation

Discrimination Area:

Disparate Impact

Disparate Treatment

Discrimination Basis:

Race discrimination

Affected Race(s):

Black

Recommended Citation