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 redressibility 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. The court's ruling on defendants' motion to dismiss is still pending. The case is ongoing as of December 13, 2023.

 

 

Summary Authors

Sophia Bucci (10/14/2022)

Carlos Hurtado-Esteve (12/13/2023)

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)

EISENHOFER, JAY W (Florida)

Attorney for Defendant

BAKER, SAMANTHA-JOSEPHINE (Florida)

BRODEEN, KAREN ANN (Florida)

show all people

Documents in the Clearinghouse

Document
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

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 March 14, 2024, 3:12 a.m.

ECF Number Description Date Link Date / Link
1

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)

Sept. 22, 2022

Sept. 22, 2022

Clearinghouse
2

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

Sept. 22, 2022

Sept. 22, 2022

PACER
3

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)

Sept. 22, 2022

Sept. 22, 2022

PACER
4

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)

Sept. 22, 2022

Sept. 22, 2022

RECAP
5

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)

Sept. 23, 2022

Sept. 23, 2022

PACER
6

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

Sept. 23, 2022

Sept. 23, 2022

PACER
7

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

Sept. 23, 2022

Sept. 23, 2022

PACER
8

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

Sept. 23, 2022

Sept. 23, 2022

PACER

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)

Sept. 23, 2022

Sept. 23, 2022

PACER
9

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)

Sept. 27, 2022

Sept. 27, 2022

PACER
10

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)

Oct. 7, 2022

Oct. 7, 2022

PACER

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)

Oct. 11, 2022

Oct. 11, 2022

PACER
11

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)

Oct. 11, 2022

Oct. 11, 2022

PACER
12

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)

Oct. 11, 2022

Oct. 11, 2022

PACER

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

Oct. 12, 2022

PACER
13

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)

Oct. 12, 2022

Oct. 12, 2022

PACER
14

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)

Oct. 12, 2022

Oct. 12, 2022

PACER

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

Oct. 12, 2022

Oct. 12, 2022

PACER
15

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)

Oct. 17, 2022

Oct. 17, 2022

PACER
16

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)

Oct. 18, 2022

Oct. 18, 2022

PACER
17

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

Oct. 18, 2022

Oct. 18, 2022

PACER
18

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

Oct. 18, 2022

Oct. 18, 2022

PACER
19

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)

Oct. 19, 2022

Oct. 19, 2022

PACER
20

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)

Oct. 19, 2022

Oct. 19, 2022

PACER
21

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)

Oct. 19, 2022

Oct. 19, 2022

PACER

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

Oct. 19, 2022

PACER
22

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)

Oct. 19, 2022

Oct. 19, 2022

PACER
23

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)

Oct. 20, 2022

Oct. 20, 2022

PACER

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)

Oct. 24, 2022

Oct. 24, 2022

PACER
24

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)

Oct. 25, 2022

Oct. 25, 2022

PACER
25

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)

Nov. 21, 2022

Nov. 21, 2022

PACER
26

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

Nov. 21, 2022

Nov. 21, 2022

RECAP
27

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)

Nov. 22, 2022

Nov. 22, 2022

RECAP
28

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

Dec. 6, 2022

Dec. 6, 2022

PACER
29

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

Dec. 7, 2022

Dec. 7, 2022

RECAP
30

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)

Dec. 8, 2022

Dec. 8, 2022

PACER
31

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)

Dec. 14, 2022

Dec. 14, 2022

PACER
32

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)

Dec. 15, 2022

Dec. 15, 2022

PACER
33

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)

Dec. 19, 2022

Dec. 19, 2022

PACER
34

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)

Jan. 9, 2023

Jan. 9, 2023

Clearinghouse
35

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)

Jan. 10, 2023

Jan. 10, 2023

PACER
36

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)

Jan. 11, 2023

Jan. 11, 2023

PACER
37

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)

Jan. 12, 2023

Jan. 12, 2023

PACER
38

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)

Feb. 2, 2023

Feb. 2, 2023

PACER
39

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)

Feb. 2, 2023

Feb. 2, 2023

PACER
40

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)

Feb. 2, 2023

Feb. 2, 2023

PACER
41

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

Feb. 6, 2023

Feb. 6, 2023

PACER
42

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)

Feb. 8, 2023

Feb. 8, 2023

PACER
43

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)

Feb. 22, 2023

Feb. 22, 2023

PACER
44

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)

March 1, 2023

March 1, 2023

PACER
45

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)

March 14, 2023

March 14, 2023

PACER
46

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)

March 15, 2023

March 15, 2023

PACER
47

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)

April 17, 2023

April 17, 2023

PACER
48

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)

April 21, 2023

April 21, 2023

PACER
49

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)

April 24, 2023

April 24, 2023

PACER
50

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)

April 25, 2023

April 25, 2023

PACER
51

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)

April 25, 2023

April 25, 2023

PACER
52

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)

April 25, 2023

April 25, 2023

PACER
53

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)

May 3, 2023

May 3, 2023

PACER
54

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)

May 6, 2023

May 6, 2023

PACER
55

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

May 8, 2023

May 8, 2023

PACER
56

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)

May 8, 2023

May 8, 2023

PACER
57

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)

May 10, 2023

May 10, 2023

PACER
58

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)

May 11, 2023

May 11, 2023

PACER
59

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

May 11, 2023

May 11, 2023

PACER
60

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)

May 24, 2023

May 24, 2023

PACER

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)

May 25, 2023

May 25, 2023

PACER
61

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)

May 26, 2023

May 26, 2023

PACER
62

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)

May 26, 2023

May 26, 2023

PACER
63

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)

June 1, 2023

June 1, 2023

PACER
64

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)

June 5, 2023

June 5, 2023

PACER
65

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)

June 12, 2023

June 12, 2023

Clearinghouse
66

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)

July 3, 2023

July 3, 2023

Clearinghouse
67

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)

July 5, 2023

July 5, 2023

PACER
68

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)

July 6, 2023

July 6, 2023

PACER
69

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)

July 10, 2023

July 10, 2023

PACER
70

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)

July 16, 2023

July 16, 2023

PACER

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)

July 16, 2023

July 16, 2023

PACER
71

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)

Aug. 2, 2023

Aug. 2, 2023

PACER
72

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)

Sept. 1, 2023

Sept. 1, 2023

PACER
73

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)

Sept. 12, 2023

Sept. 12, 2023

PACER
74

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)

Sept. 15, 2023

Sept. 15, 2023

PACER
75

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)

Sept. 21, 2023

Sept. 21, 2023

PACER
76

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)

Sept. 26, 2023

Sept. 26, 2023

PACER
77

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)

Sept. 27, 2023

Sept. 27, 2023

PACER
78

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)

Oct. 18, 2023

Oct. 18, 2023

PACER
79

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)

Oct. 20, 2023

Oct. 20, 2023

PACER
80

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)

Oct. 21, 2023

Oct. 21, 2023

PACER
81

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)

Nov. 8, 2023

Nov. 8, 2023

PACER
82

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)

Nov. 22, 2023

Nov. 22, 2023

PACER

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

Florida, State

Florida (The Board of Governors for the State University System of Florida), State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

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

Content of Injunction:

Discrimination Prohibition

Develop anti-discrimination policy

Issues

General:

Education

Government services

Pattern or Practice

Racial segregation

Discrimination-area:

Disparate Impact

Disparate Treatment

Discrimination-basis:

Race discrimination

Race:

Black