Case: Novoa v. Diaz

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AFLNDC-7429126.), filed by SAMUEL RECHEK, ADRIANA NOVOA, FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA. (Attachments: # 1 Exhibit HB7, # 2 Exhibit Regulations, # 3 Civil Cover Sheet, # 4 Exhibit Summons - Levine, # 5 Exhibit Summons - Edge, # 6 Exhibit Summons - Lamb, # 7 Exhibit Summons - Lydecker, # 8 Exhibit Summons - Mateer, # 9 Exhibit Summons - Jordan, # 10 Exhibit Summons - Michael, # 11 Exhibit Summons - Haddock, # 12 Exhibit Summons - Silagy, # 13 Exhibit Summons - Piccolo, # 14 Exhibit Summons - Schneider, # 15 Exhibit Summons - Leftheris, # 16 Exhibit Summons - Jones, # 17 Exhibit Summons - Stermon, # 18 Exhibit Summons - Monbarren, # 19 Exhibit Summons - Diaz, # 20 Exhibit Summons - Seixas, # 21 Exhibit Summons - Carrere, # 22 Exhibit Summons - Griffin, # 23 Exhibit Summons - Donelly, # 24 Exhibit Summons - Gabadage, # 25 Exhibit Summons - Palyam, # 26 Exhibit Summons - Horton, # 27 Exhibit Summons - Frost, # 28 Exhibit Summons - Corcoran, # 29 Exhibit Summons - Callahan, # 30 Exhibit Summons - Patel, # 31 Exhibit Summons - Scott, # 32 Exhibit Summons - USF Trustees, # 33 Exhibit Summons - Boaz, # 34 Exhibit Summons - Cerio, # 35 Exhibit Summons - Weatherford) (EDINGER, GARY) (Entered: 09/06/2022)

1 Exhibit HB7

View on RECAP

2 Exhibit Regulations

View on RECAP

3 Civil Cover Sheet

View on RECAP

4 Exhibit Summons - Levine

View on PACER

5 Exhibit Summons - Edge

View on PACER

6 Exhibit Summons - Lamb

View on PACER

7 Exhibit Summons - Lydecker

View on PACER

8 Exhibit Summons - Mateer

View on PACER

9 Exhibit Summons - Jordan

View on PACER

10 Exhibit Summons - Michael

View on PACER

11 Exhibit Summons - Haddock

View on PACER

12 Exhibit Summons - Silagy

View on PACER

13 Exhibit Summons - Piccolo

View on PACER

14 Exhibit Summons - Schneider

View on PACER

15 Exhibit Summons - Leftheris

View on PACER

16 Exhibit Summons - Jones

View on PACER

17 Exhibit Summons - Stermon

View on PACER

18 Exhibit Summons - Monbarren

View on PACER

19 Exhibit Summons - Diaz

View on PACER

20 Exhibit Summons - Seixas

View on PACER

21 Exhibit Summons - Carrere

View on PACER

22 Exhibit Summons - Griffin

View on PACER

23 Exhibit Summons - Donelly

View on PACER

24 Exhibit Summons - Gabadage

View on PACER

25 Exhibit Summons - Palyam

View on PACER

26 Exhibit Summons - Horton

View on PACER

27 Exhibit Summons - Frost

View on PACER

28 Exhibit Summons - Corcoran

View on PACER

29 Exhibit Summons - Callahan

View on PACER

30 Exhibit Summons - Patel

View on PACER

31 Exhibit Summons - Scott

View on PACER

32 Exhibit Summons - USF Trustees

View on PACER

33 Exhibit Summons - Boaz

View on PACER

34 Exhibit Summons - Cerio

View on PACER

35 Exhibit Summons - Weatherford

View on PACER

NOTICE of Related Case by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK (EDINGER, GARY) (Entered: 09/06/2022)

NOTICE of Compliance with Local Rule 24.1 (Serve Attorney General) by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK (EDINGER, GARY) (Entered: 09/06/2022)

MOTION to Appear Pro Hac Vice by Greg H. Greubel.( Filing fee $ 208 receipt number AFLNDC-7432245.) by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK. (Attachments: # 1 Certificate of Good Standing) (GREUBEL, GREG) (Entered: 09/07/2022)

MOTION to Appear Pro Hac Vice by Adam Steinbaugh.( Filing fee $ 208 receipt number AFLNDC-7432250.) by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK. (Attachments: # 1 Certificate of Good Standing) (STEINBAUGH, ADAM) (Entered: 09/07/2022)

1 Certificate of Good Standing

View on RECAP

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 4, 5 MOTION to Appear Pro Hac Vice by Adam Steinbaugh and Greg H. Greubel. Referred to MARTIN A FITZPATRICK. (kdm)

CIVIL COVER SHEET. (kdm) (Entered: 09/08/2022)

Summons Issued as to CRAIG ATEER, TIMOTHY L BOAZ, SANDRA CALLAHAN, MICHAEL CARRERE, TIMOTHY M CERIO, RICHARD CORCORAN, N ROGAN DONELLY, Manny Diaz, Jr., AUBREY EDGE, PATRICIA FROST, MICHAEL E GRIFFIN, Nimna Gabadage, EDWARD HADDOCK, OSCAR HORTON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, JULIE LEFTHERIS, ALAN LEVINE, CHARLES H LYDECKER, DEANNA MICHAEL, LAURAN MONBARREN, NITHIN PALYAM, SHILEN PATEL, FREDRICK PICCOLO, JENIFER JASINSKI SCHNEIDER, STEVEN M SCOTT, MELISSA SEIXAS, ERIC SILAGY, KENT STERMON, THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, WILLIAM WEATHERFORD. (kdm) (Entered: 09/08/2022)

MOTION to Appear Pro Hac Vice by JT Morris.( Filing fee $ 208 receipt number AFLNDC-7434717.) by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK. (Attachments: # 1 Certificate of Good Standing) (MORRIS, JOSHUA) (Entered: 09/08/2022)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 8 MOTION to Appear Pro Hac Vice by JT Morris. Referred to MARTIN A FITZPATRICK. (kdm)

WAIVER OF SERVICE Returned Executed by SAMUEL RECHEK, ADRIANA NOVOA, FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA. TIMOTHY M CERIO waiver sent on 9/9/2022, answer due 11/8/2022; RICHARD CORCORAN waiver sent on 9/9/2022, answer due 11/8/2022; AUBREY EDGE waiver sent on 9/9/2022, answer due 11/8/2022; PATRICIA FROST waiver sent on 9/9/2022, answer due 11/8/2022; NIMNA GABADAGE waiver sent on 9/9/2022, answer due 11/8/2022; EDWARD HADDOCK waiver sent on 9/9/2022, answer due 11/8/2022; KEN JONES waiver sent on 9/9/2022, answer due 11/8/2022; DARLENE LUCCIO JORDAN waiver sent on 9/9/2022, answer due 11/8/2022; BRIAN LAMB waiver sent on 9/9/2022, answer due 11/8/2022; JULIE LEFTHERIS waiver sent on 9/9/2022, answer due 11/8/2022; ALAN LEVINE waiver sent on 9/9/2022, answer due 11/8/2022; CHARLES H LYDECKER waiver sent on 9/9/2022, answer due 11/8/2022; CRAIG MATEER waiver sent on 9/9/2022, answer due 11/8/2022; DEANNA MICHAEL waiver sent on 9/9/2022, answer due 11/8/2022; STEVEN M SCOTT waiver sent on 9/9/2022, answer due 11/8/2022; ERIC SILAGY waiver sent on 9/9/2022, answer due 11/8/2022; KENT STERMON waiver sent on 9/9/2022, answer due 11/8/2022. (EDINGER, GARY) (Entered: 09/09/2022)

ORDER. Accordingly, it is ORDERED that the motion for leave to appear pro hac vice, ECF No. 8, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 09/09/2022. (rcb) **J T MORRIS appointed as counsel for FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK** (Entered: 09/10/2022)

ORDER. Accordingly, it is ORDERED that the motion for leave to appear pro hac vice, ECF No. 5, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 09/09/2022. (rcb) **ADAM B STEINBAUGH appointed as counsel for FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK** (Entered: 09/10/2022)

ORDER. Accordingly, it is ORDERED that the motion for leave to appear pro hac vice, ECF No. 4, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 09/09/2022. (rcb) **GREG HAROLD GREUBEL appointed as counsel for FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK** (Entered: 09/10/2022)

WAIVER OF SERVICE Returned Executed by SAMUEL RECHEK, ADRIANA NOVOA, FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA. MANNY DIAZ, JR waiver sent on 9/12/2022, answer due 11/14/2022. (EDINGER, GARY) (Entered: 09/12/2022)

NOTICE of Appearance by CHARLES JUSTIN COOPER on behalf of TIMOTHY L BOAZ, SANDRA CALLAHAN, MICHAEL CARRERE, TIMOTHY M CERIO, RICHARD CORCORAN, MANNY DIAZ, JR, N ROGAN DONELLY, AUBREY EDGE, PATRICIA FROST, NIMNA GABADAGE, MICHAEL E GRIFFIN, EDWARD HADDOCK, OSCAR HORTON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, JULIE LEFTHERIS, ALAN LEVINE, CHARLES H LYDECKER, CRAIG MATEER, DEANNA MICHAEL, LAURAN MONBARREN, NITHIN PALYAM, SHILEN PATEL, FREDRICK PICCOLO, JENIFER JASINSKI SCHNEIDER, STEVEN M SCOTT, MELISSA SEIXAS, ERIC SILAGY, KENT STERMON, THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, WILLIAM WEATHERFORD (COOPER, CHARLES) (Entered: 09/13/2022)

MOTION to Appear Pro Hac Vice by John D. Ohlendorf.( Filing fee $ 208 receipt number AFLNDC-7443285.) by TIMOTHY L BOAZ, SANDRA CALLAHAN, MICHAEL CARRERE, TIMOTHY M CERIO, RICHARD CORCORAN, MANNY DIAZ, JR, N ROGAN DONELLY, AUBREY EDGE, PATRICIA FROST, NIMNA GABADAGE, MICHAEL E GRIFFIN, EDWARD HADDOCK, OSCAR HORTON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, JULIE LEFTHERIS, ALAN LEVINE, CHARLES H LYDECKER, CRAIG MATEER, DEANNA MICHAEL, LAURAN MONBARREN, NITHIN PALYAM, SHILEN PATEL, FREDRICK PICCOLO, JENIFER JASINSKI SCHNEIDER, STEVEN M SCOTT, MELISSA SEIXAS, ERIC SILAGY, KENT STERMON, THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, WILLIAM WEATHERFORD. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (OHLENDORF, JOHN) (Entered: 09/14/2022)

MOTION to Appear Pro Hac Vice by Megan M. Wold.( Filing fee $ 208 receipt number AFLNDC-7443306.) by TIMOTHY L BOAZ, SANDRA CALLAHAN, MICHAEL CARRERE, TIMOTHY M CERIO, RICHARD CORCORAN, MANNY DIAZ, JR, N ROGAN DONELLY, AUBREY EDGE, PATRICIA FROST, NIMNA GABADAGE, MICHAEL E GRIFFIN, EDWARD HADDOCK, OSCAR HORTON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, JULIE LEFTHERIS, ALAN LEVINE, CHARLES H LYDECKER, CRAIG MATEER, DEANNA MICHAEL, LAURAN MONBARREN, NITHIN PALYAM, SHILEN PATEL, FREDRICK PICCOLO, JENIFER JASINSKI SCHNEIDER, STEVEN M SCOTT, MELISSA SEIXAS, ERIC SILAGY, KENT STERMON, THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, WILLIAM WEATHERFORD. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (WOLD, MEGAN) (Entered: 09/14/2022)

MOTION to Appear Pro Hac Vice by John D. Ramer.( Filing fee $ 208 receipt number AFLNDC-7443333.) by TIMOTHY L BOAZ, SANDRA CALLAHAN, MICHAEL CARRERE, TIMOTHY M CERIO, RICHARD CORCORAN, MANNY DIAZ, JR, N ROGAN DONELLY, AUBREY EDGE, PATRICIA FROST, NIMNA GABADAGE, MICHAEL E GRIFFIN, EDWARD HADDOCK, OSCAR HORTON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, JULIE LEFTHERIS, ALAN LEVINE, CHARLES H LYDECKER, CRAIG MATEER, DEANNA MICHAEL, LAURAN MONBARREN, NITHIN PALYAM, SHILEN PATEL, FREDRICK PICCOLO, JENIFER JASINSKI SCHNEIDER, STEVEN M SCOTT, MELISSA SEIXAS, ERIC SILAGY, KENT STERMON, THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, WILLIAM WEATHERFORD. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (RAMER, JOHN) (Entered: 09/14/2022)

1 Exhibit A - Certificate of Good Standing

View on 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 John D. Ohlendorf.( Filing fee $ 208 receipt number AFLNDC-7443285.), 16 MOTION to Appear Pro Hac Vice by Megan M. Wold.( Filing fee $ 208 receipt number AFLNDC-7443306.), 17 MOTION to Appear Pro Hac Vice by John D. Ramer.( Filing fee $ 208 receipt number AFLNDC-7443333.). Referred to MARTIN A FITZPATRICK. (sjb)

ORDER FOR REASSIGNMENT. Signed by JUDGE ALLEN C WINSOR on 9/15/2022. Because this case and Pernell raise the same issue and challenge the same provision, I direct that this case be reassigned to the judge presiding over the earlier-filed case, Case No. 4:22-cv-304-MW. (kdm) (Entered: 09/15/2022)

CHIEF JUDGE MARK E WALKER added. JUDGE ALLEN C WINSOR no longer assigned to case - per 18 ORDER FOR REASSIGNMENT. (kdm)

MOTION for Preliminary Injunction and Supporting Memorandum of Law by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK. (Attachments: # 1 Affidavit Declaration of Adam Steinbaugh, # 2 Exhibit 1 to Declaration of Adam Steinbaugh, # 3 Exhibit 2 to Declaration of Adam Steinbaugh, # 4 Exhibit 3 to Declaration of Adam Steinbaugh, # 5 Exhibit 4 to Declaration of Adam Steinbaugh, # 6 Exhibit 5 to Declaration of Adam Steinbaugh, # 7 Exhibit 6 to Declaration of Adam Steinbaugh, # 8 Exhibit 7 to Declaration of Adam Steinbaugh, # 9 Exhibit 8 to Declaration of Adam Steinbaugh, # 10 Exhibit 9 to Declaration of Adam Steinbaugh, # 11 Exhibit 10 to Declaration of Adam Steinbaugh, # 12 Exhibit 11 to Declaration of Adam Steinbaugh, # 13 Exhibit 12 to Declaration of Adam Steinbaugh, # 14 Exhibit 13 to Declaration of Adam Steinbaugh, # 15 Exhibit 14 to Declaration of Adam Steinbaugh, # 16 Exhibit 15 to Declaration of Adam Steinbaugh, # 17 Exhibit 16 to Declaration of Adam Steinbaugh, # 18 Exhibit 17 to Declaration of Adam Steinbaugh, # 19 Exhibit 18 to Declaration of Adam Steinbaugh, # 20 Exhibit 19 to Declaration of Adam Steinbaugh, # 21 Exhibit 20 to Declaration of Adam Steinbaugh, # 22 Exhibit 21 to Declaration of Adam Steinbaugh, # 23 Exhibit 22 to Declaration of Adam Steinbaugh, # 24 Exhibit 23 to Declaration of Adam Steinbaugh, # 25 Exhibit 24 to Declaration of Adam Steinbaugh, # 26 Exhibit 25 to Declaration of Adam Steinbaugh, # 27 Exhibit 26 to Declaration of Adam Steinbaugh, # 28 Exhibit 27 to Declaration of Adam Steinbaugh, # 29 Exhibit 28 to Declaration of Adam Steinbaugh, # 30 Exhibit 29 to Declaration of Adam Steinbaugh, # 31 Affidavit Declaration of Adriana Novoa, # 32 Exhibit A to Declaration of Adriana Novoa, # 33 Exhibit B to Declaration of Adriana Novoa, # 34 Exhibit C to Declaration of Adriana Novoa, # 35 Exhibit D to Declaration of Adriana Novoa, # 36 Exhibit E to Declaration of Adriana Novoa, # 37 Exhibit F to Declaration of Adriana Novoa, # 38 Text of Proposed Order) (GREUBEL, GREG) (Entered: 09/15/2022)

1 Affidavit Declaration of Adam Steinbaugh

View on RECAP

2 Exhibit 1 to Declaration of Adam Steinbaugh

View on RECAP

3 Exhibit 2 to Declaration of Adam Steinbaugh

View on RECAP

4 Exhibit 3 to Declaration of Adam Steinbaugh

View on RECAP

5 Exhibit 4 to Declaration of Adam Steinbaugh

View on RECAP

6 Exhibit 5 to Declaration of Adam Steinbaugh

View on RECAP

7 Exhibit 6 to Declaration of Adam Steinbaugh

View on RECAP

8 Exhibit 7 to Declaration of Adam Steinbaugh

View on RECAP

9 Exhibit 8 to Declaration of Adam Steinbaugh

View on RECAP

10 Exhibit 9 to Declaration of Adam Steinbaugh

View on RECAP

11 Exhibit 10 to Declaration of Adam Steinbaugh

View on RECAP

12 Exhibit 11 to Declaration of Adam Steinbaugh

View on RECAP

13 Exhibit 12 to Declaration of Adam Steinbaugh

View on RECAP

14 Exhibit 13 to Declaration of Adam Steinbaugh

View on RECAP

15 Exhibit 14 to Declaration of Adam Steinbaugh

View on RECAP

16 Exhibit 15 to Declaration of Adam Steinbaugh

View on RECAP

17 Exhibit 16 to Declaration of Adam Steinbaugh

View on RECAP

18 Exhibit 17 to Declaration of Adam Steinbaugh

View on RECAP

19 Exhibit 18 to Declaration of Adam Steinbaugh

View on RECAP

20 Exhibit 19 to Declaration of Adam Steinbaugh

View on RECAP

21 Exhibit 20 to Declaration of Adam Steinbaugh

View on RECAP

22 Exhibit 21 to Declaration of Adam Steinbaugh

View on RECAP

23 Exhibit 22 to Declaration of Adam Steinbaugh

View on RECAP

24 Exhibit 23 to Declaration of Adam Steinbaugh

View on RECAP

25 Exhibit 24 to Declaration of Adam Steinbaugh

View on RECAP

26 Exhibit 25 to Declaration of Adam Steinbaugh

View on RECAP

27 Exhibit 26 to Declaration of Adam Steinbaugh

View on RECAP

28 Exhibit 27 to Declaration of Adam Steinbaugh

View on RECAP

29 Exhibit 28 to Declaration of Adam Steinbaugh

View on RECAP

30 Exhibit 29 to Declaration of Adam Steinbaugh

View on RECAP

31 Affidavit Declaration of Adriana Novoa

View on RECAP

32 Exhibit A to Declaration of Adriana Novoa

View on RECAP

33 Exhibit B to Declaration of Adriana Novoa

View on RECAP

34 Exhibit C to Declaration of Adriana Novoa

View on RECAP

35 Exhibit D to Declaration of Adriana Novoa

View on RECAP

36 Exhibit E to Declaration of Adriana Novoa

View on RECAP

37 Exhibit F to Declaration of Adriana Novoa

View on RECAP

38 Text of Proposed Order

View on RECAP

NOTICE TO PARTIES - Accordingly, this Court provides notice that no action will be taken on Plaintiffs' preliminary injunction demand until it is made by separate motion with the required legal argument. Signed by CHIEF JUDGE MARK E WALKER on 9/15/22. (sjb) (Entered: 09/16/2022)

ORDER ADMITTING JOHN D. OHLENDORF PRO HAC VICE - The 15 motion is GRANTED. Mr. Ohlendorf 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 9/15/22. (sjb) (Entered: 09/16/2022)

ORDER ADMITTING JOHN D. RAMER PRO HAC VICE - The 17 motion is GRANTED. Mr. Ramer 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 9/15/22. (sjb) (Entered: 09/16/2022)

ORDER ADMITTING MEGAN M. WOLD PRO HAC VICE - The 16 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 9/15/22. (sjb) (Entered: 09/16/2022)

ORDER SETTING CONFERENCE SCHEDULE - The Clerk shall set this matter for a telephonic scheduling conference on Wednesday, September 21, at 11:00 a.m. (ET). If this time does not work for the parties, this Court can reset the scheduling conference for another time next weekhowever, this conference must occur before the end of the day on Friday, September 23, 2022. Signed by CHIEF JUDGE MARK E WALKER on 9/16/22. (sjb) (Entered: 09/16/2022)

Set Deadlines/Hearings Scheduling Conference set for 9/21/2022 11:00 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. (sjb)

DOCKET ANNOTATION BY COURT: 4 USB drives containing Exhibits 12-15 from 19 Motion received in TLH; They are being stored in the back at the Tallahassee Office. (sjb) (Entered: 09/16/2022)

NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 9/21/2022 11:00 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: 09/16/2022)

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 9/21/2022. Parties discuss case status and schedule for 19 Motion for Preliminary Injunction hearing. Parties will keep the existing schedule for the 12 Motion in 4:22cv304. The schedule in 4:22cv324 is as follows: Defendants' response to 19 Motion, motion to dismiss (for issues pertaining to 12 & 19 Motions) and counter witness declarations due 9/30/2022. Plaintiffs' reply to 19 Motion, response to motion dismiss and rebuttal declarations are due 10/7/2022. Preliminary injunction hearing for both cases set for 9:00 am on 10/13/22. Order to follow (Court Reporter Megan Hague (USDC-Tallahassee)). (vkm) (Entered: 09/21/2022)

NOTICE OF HEARING RE: 19 MOTION for Preliminary Injunction: Preliminary Injunction Hearing set for 10/13/2022 09:00 AM before CHIEF JUDGE MARK E WALKER. United States Courthouse, Courtroom 5 West, 111 North Adams St., Tallahassee, Florida 32301. 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: 09/21/2022)

ORDER SETTING HEARING ON 19 MOTION FOR PRELIMINARY INJUNCTION AND OTHER DEADLINES. The hearing on Plaintiffs' motion for preliminary injunction is set for Thursday, 10/13/2022 09:00 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER, at 9:00 a.m. (ET). Defendants motion to dismiss pertaining to issues implicating the motion for preliminary injunction, response to Plaintiffs motion for preliminary injunction, and any declarations in support of their response, are due on or before 9/30/2022. Plaintiffs' response to Defendant's motion to dismiss, reply in support of their preliminary injunction motion, and any rebuttal declarations are due on or before 10/7/2022. Signed by CHIEF JUDGE MARK E WALKER on 09/21/2022. (rcb) (Entered: 09/21/2022)

SUMMONS Returned Executed by SAMUEL RECHEK, ADRIANA NOVOA, FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA. TIMOTHY L BOAZ served on 9/21/2022, answer due 10/12/2022; SANDRA CALLAHAN served on 9/21/2022, answer due 10/12/2022; MICHAEL CARRERE served on 9/21/2022, answer due 10/12/2022; N ROGAN DONELLY served on 9/21/2022, answer due 10/12/2022; MICHAEL E GRIFFIN served on 9/21/2022, answer due 10/12/2022; OSCAR HORTON served on 9/21/2022, answer due 10/12/2022; LAURAN MONBARREN served on 9/21/2022, answer due 10/12/2022; NITHIN PALYAM served on 9/21/2022, answer due 10/12/2022; SHILEN PATEL served on 9/21/2022, answer due 10/12/2022; FREDRICK PICCOLO served on 9/21/2022, answer due 10/12/2022; JENIFER JASINSKI SCHNEIDER served on 9/21/2022, answer due 10/12/2022; MELISSA SEIXAS served on 9/21/2022, answer due 10/12/2022; THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES served on 9/21/2022, answer due 10/12/2022; WILLIAM WEATHERFORD served on 9/21/2022, answer due 10/12/2022. (EDINGER, GARY) (Entered: 09/23/2022)

Corporate Disclosure Statement/Certificate of Interested Persons by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK. (GREUBEL, GREG) (Entered: 09/26/2022)

DOCKET ANNOTATION BY COURT: Re 14 Notice of Appearance. (rcb)**ISO PLACED IN JUDGE WALKER'S REFERRAL FOLDER** (Entered: 09/27/2022)

MOTION to Dismiss by TIMOTHY L BOAZ, SANDRA CALLAHAN, MICHAEL CARRERE, TIMOTHY M CERIO, RICHARD CORCORAN, MANNY DIAZ, JR, N ROGAN DONELLY, AUBREY EDGE, PATRICIA FROST, NIMNA GABADAGE, MICHAEL E GRIFFIN, EDWARD HADDOCK, OSCAR HORTON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, JULIE LEFTHERIS, ALAN LEVINE, CHARLES H LYDECKER, CRAIG MATEER, DEANNA MICHAEL, LAURAN MONBARREN, NITHIN PALYAM, SHILEN PATEL, FREDRICK PICCOLO, JENIFER JASINSKI SCHNEIDER, STEVEN M SCOTT, MELISSA SEIXAS, ERIC SILAGY, KENT STERMON, THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, WILLIAM WEATHERFORD. (Internal deadline for referral to judge if response not filed earlier: 10/14/2022). (Attachments: # 1 Memorandum in Support) (COOPER, CHARLES) (Entered: 09/30/2022)

1 Memorandum in Support

View on RECAP

MEMORANDUM in Opposition re 19 MOTION for Preliminary Injunction and Supporting Memorandum of Law, RESPONSE in Opposition filed by TIMOTHY L BOAZ, SANDRA CALLAHAN, MICHAEL CARRERE, TIMOTHY M CERIO, RICHARD CORCORAN, MANNY DIAZ, JR, N ROGAN DONELLY, AUBREY EDGE, PATRICIA FROST, NIMNA GABADAGE, MICHAEL E GRIFFIN, EDWARD HADDOCK, OSCAR HORTON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, JULIE LEFTHERIS, ALAN LEVINE, CHARLES H LYDECKER, CRAIG MATEER, DEANNA MICHAEL, LAURAN MONBARREN, NITHIN PALYAM, SHILEN PATEL, FREDRICK PICCOLO, JENIFER JASINSKI SCHNEIDER, STEVEN M SCOTT, MELISSA SEIXAS, ERIC SILAGY, KENT STERMON, THE UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, WILLIAM WEATHERFORD. (COOPER, CHARLES) (Entered: 09/30/2022)

INITIAL SCHEDULING ORDER. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 10/19 /2022. Rule 26 Meeting Report due by 11/18/2022. Discovery due by 1/25/2023. Status Report due by 11/4/2022. Signed by CHIEF JUDGE MARK E WALKER on 10/05/2022. (rcb) (Entered: 10/05/2022)

MOTION for Leave to File Excess Pages by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK. (STEINBAUGH, ADAM) (Entered: 10/06/2022)

ORDER GRANTING LEAVE TO EXCEED WORD LIMIT. Plaintiffs' motion, ECF No. 36, is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 10/06/2022. (rcb) (Entered: 10/06/2022)

RESPONSE in Opposition re 33 MOTION to Dismiss filed by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK. (Attachments: # 1 Text of Proposed Order) (GREUBEL, GREG) (Entered: 10/07/2022)

1 Text of Proposed Order

View on RECAP

REPLY to Response to Motion re 19 MOTION for Preliminary Injunction and Supporting Memorandum of Law filed by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK. (GREUBEL, GREG) (Entered: 10/07/2022)

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER:Motion Hearing held on 10/13/2022. Court hears argument regarding Plaintiffs' 19 Motion for Preliminary Injunction and Defendants' 33 Motion to Dismiss. Order to follow (Court Reporter Megan Hague (USDC-Tallahassee)). (vkm) (Entered: 10/13/2022)

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceeding held on 10/13/2022, 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 10/21/2022. Release of Transcript Restriction set for 1/19/2023. (mah) (Entered: 10/14/2022)

JOINT STATUS REPORT ON DISCOVERY. (GREUBEL, GREG) Modified to edit title on 11/7/2022 (rcb). (Entered: 11/04/2022)

Set Deadline- Status Report due by 12/7/2022. (rcb)

Joint Report of Rule 26(f) Conference. (GREUBEL, GREG) Modified to edit title on 11/14/2022 (rcb). (Entered: 11/10/2022)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 43 Joint Report of Rule 26(f) Conference (rcb)

ORDER GRANTING IN PART AND DENYING IN PART MOTIONS FOR PRELIMINARY INJUNCTION. The Pernell Plaintiffs' motion for a preliminary injunction, ECF No. 12, in Case No.: 4:22cv304-MW/MAF, is GRANTED in part. Defendants Manny Diaz, Jr.; Brian Lamb; Eric Silagy; Timothy M. Cerio; Richard Corcoran; Aubrey Edge; Patricia Frost; Nimna Gabadage; Edward Haddock; Ken Jones; Darlene Luccio Jordan; Alan Levine; Charles H. Lydecker; Craig Mateer; Steven M. Scott; Deanna Michael; and Kent Stermon-all in their official capacities as members of the Florida Board of Governors of the State University System-must take no steps to enforce the following until otherwise ordered: a. Sections 1000.05(4)(a)(b), Florida Statutes; and b. the Board of Governors's Regulation 10.005(2)(3) and (4)(d). The preliminary injunction binds the above-listed Defendants and their officers, agents, servants, employees, and attorneys-and others in active concert or participation with any of them-who receive actual notice of this injunction by personal service or otherwise. The motion, ECF No. 12, in Case No.: 4:22cv304-MW/MAF is otherwise DENIED in part as to Defendants the University of Florida Board of Trustees; the University of South Florida Board of Trustees; the Florida International University Board of Trustees; the Florida A&M University Board of Trustees; the Florida State University Board of Trustees; and the University of Central Florida Board of Trustees. The Novoa Plaintiffs' motion for a preliminary injunction, ECF No. 19, in Case No.: 4:22cv324-MW/MAF, is GRANTED in part. Defendants Manny Diaz, Jr.; Brian Lamb; Eric Silagy; Timothy M. Cerio; Richard Corcoran; Aubrey Edge; Patricia Frost; Nimna Gabadage; Edward Haddock; Ken Jones; Darlene Luccio Jordan; Alan Levine; Charles H. Lydecker; Craig Mateer; Deanna Michael; Steven M. Scott; and Kent Stermon-all in their official capacities as members of the Florida Board of Governors of the State University System-must take no steps to enforce the following until otherwise ordered: a. Sections 1000.05(4)(a)1.3., 5., and 7., Florida Statutes, and Section 1000.05(4)(b), Florida Statutes as to those concepts; b. the Board of Governors's Regulation 10.005(2)(3) and (4)(d) as to the first, second, third, fifth, and seventh concepts listed in Regulation 10.005(1)(a)1.3., 5., and 7. Defendants Timothy L. Boaz; Sandra Callahan; Michael Carrere; N. Rogan Donelly; Michael E. Griffin; Oscar Horton; Lauran Monbarren; Nithin Palyam; Shilen Patel; Fredrick Piccolo; Melissa Seixas; Jenifer Jasinski Schneider; and William Weatherford-all in their official capacities as members of the University of South Florida Board of Trustees-must take no steps to comply with the following until otherwise ordered: a. Sections 1000.05(4)(a)1.3., 5., and 7., Florida Statutes, and Section 1000.05(4)(b), Florida Statutes as to those concepts; b. the Board of Governors's Regulation 10.005(2)(3) as to the first, second, third, fifth, and seventh concepts listed in Regulation 10.005(1)(a)1.3., 5., and 7. The preliminary injunction binds the above-listed Defendants and their officers, agents, servants, employees, and attorneys-and others in active concert or participation with any of them-who receive actual notice of this injunction by personal service or otherwise. The motion, ECF No. 19, in Case No.: 4:22cv324-MW/MAF, is otherwise DENIED in part as to: a. Defendants the Florida Board of Governors of the State University System; the University of South Florida Board of Trustees; and Julie Leftheris in her official capacity as the Inspector General of the Board of Governors; and b. The remaining Defendants' enforcement of or compliance with: i. Sections 1000.05(4)(a)4., 6., and 8., Florida Statutes; ii. the Board of Governors's Regulation 10.005 as to the fourth, sixth, and eighth concepts listed in Regulation 10.005(1)(a)4., 6., and 8. Signed by CHIEF JUDGE MARK E WALKER on 11/17/2022. (kjw) (Entered: 11/17/2022)

ORDER ON 33 MOTION TO DISMISS. Defendants' motion is GRANTED in part and DENIED in part. Accordingly, Count Seven is DISMISSED as barred by the Eleventh Amendmentbut even if Count Seven was not barred by the Eleventh Amendment, this Court would decline to exercise supplemental jurisdiction pursuant to 28 U.S.C. § 1367(c)(1). Similarly, Plaintiffs' claims against the University of South Florida Board of Trustees, as an entity, are DISMISSED as barred by the Eleventh Amendment. Plaintiffs' remaining official-capacity claims may proceed. (rcb) Modified to edit language on 11/28/2022 (rcb). (Entered: 11/22/2022)

NOTICE OF APPEAL as to 44 Order on Motion for Preliminary Injunction,,,,,,,,,,,,,,,, by TIMOTHY L BOAZ, SANDRA CALLAHAN, MICHAEL CARRERE, TIMOTHY M CERIO, RICHARD CORCORAN, MANNY DIAZ, JR, N ROGAN DONELLY, AUBREY EDGE, PATRICIA FROST, NIMNA GABADAGE, MICHAEL E GRIFFIN, EDWARD HADDOCK, OSCAR HORTON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES H LYDECKER, CRAIG MATEER, DEANNA MICHAEL, LAURAN MONBARREN, NITHIN PALYAM, SHILEN PATEL, FREDRICK PICCOLO, JENIFER JASINSKI SCHNEIDER, STEVEN M SCOTT, MELISSA SEIXAS, ERIC SILAGY, KENT STERMON, WILLIAM WEATHERFORD. ( Filing fee $505 Receipt Number AFLNDC-7578130.) (COOPER, CHARLES) (Entered: 11/29/2022)

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 46 Notice of Appeal. (rcb) (Entered: 11/30/2022)

Set Deadlines re 46 Notice of Appeal. Clerk to check status of Appeal on 2/28/2023. Certificate of Readiness (FRAP 11) due by 12/14/2022. (rcb)

STATUS REPORT on Discovery by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK. (GREUBEL, GREG) (Entered: 12/05/2022)

Set Deadline- Status Report due by 1/6/2023. (rcb)

USCA Acknowledgment # 22-13994-J 46 Notice of Appeal. (rcb) (Entered: 12/08/2022)

ELEVENTH CIRCUIT TRANSCRIPT ORDER FORM-ALL TRANSCRIPTS ALL NECESSARY TRANSCRIPTS ALREADY ON FILE (OHLENDORF, JOHN) Modified to edit title on 12/14/2022 (rcb). (Entered: 12/13/2022)

ORDER of USCA #22-13994 as to 46 Notice of Appeal. Motion for extension to file response to motion filed by Appellees Adriana Novoa, Samuel Rechek and First Amendment Forum at University of South Florida is GRANTED by clerk 10 . (rcb)***PDF NOT AVAILABLE ON THE USCA WEBSITE** (Entered: 12/20/2022)

Pursuant to F.R.A.P. 11(c), #22-13994-J the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 46 Notice of Appeal. The entire record on appeal is available electronically. (rcb) (Entered: 12/20/2022)

Joint MOTION to Stay All Proceedings Pending Appeal by TIMOTHY L BOAZ, SANDRA CALLAHAN, MICHAEL CARRERE, TIMOTHY M CERIO, RICHARD CORCORAN, MANNY DIAZ, JR, N ROGAN DONELLY, AUBREY EDGE, PATRICIA FROST, NIMNA GABADAGE, MICHAEL E GRIFFIN, EDWARD HADDOCK, OSCAR HORTON, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, JULIE LEFTHERIS, ALAN LEVINE, CHARLES H LYDECKER, CRAIG MATEER, DEANNA MICHAEL, LAURAN MONBARREN, NITHIN PALYAM, SHILEN PATEL, FREDRICK PICCOLO, JENIFER JASINSKI SCHNEIDER, STEVEN M SCOTT, MELISSA SEIXAS, ERIC SILAGY, KENT STERMON, WILLIAM WEATHERFORD. (OHLENDORF, JOHN) Modified title on 1/3/2023 (amm). (Entered: 01/03/2023)

STATUS REPORT on Discovery by FIRST AMENDMENT FORUM AT UNIVERSITY OF SOUTH FLORIDA, ADRIANA NOVOA, SAMUEL RECHEK. (GREUBEL, GREG) (Entered: 01/04/2023)

ORDER GRANTING JOINT MOTION TO STAY PROCEEDINGS 53 : All proceedings in this case are STAYED pending resolution of Defendants' appeal. Signed by CHIEF JUDGE MARK E WALKER on 1/4/2023. (amm) (Entered: 01/04/2023)

ORDER of USCA #22-13992 as to 46 Notice of Appeal. (rcb) (Entered: 02/28/2023)

Set Deadlines re 46 Notice of Appeal. Clerk to check status of Appeal # 22-13992 on 6/1/2023. (rcb)

Set Deadlines re 46 Notice of Appeal. Clerk to check status of Appeal 22-13992 on 8/31/2023. (rcb)

Set Deadlines re 46 Notice of Appeal. Clerk to check status of Appeal 22-13992 on 12/11/2023. (rcb)

Set Deadlines re 46 Notice of Appeal. Clerk to check status of Appeal 22-13994 on 3/5/2024. (rcb)

Set Deadlines re 46 Notice of Appeal. Clerk to check status of Appeal 22-13994 on 6/3/2024. (rcb)