Case: Adams v. The School Board of St. Johns County, Florida

3:17-cv-00739 | U.S. District Court for the Middle District of Florida

Filed Date: June 28, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

This case involves the practice of separating school bathrooms based on biological sex. On June 28, 2017, a transgender student, who identified as male, filed this lawsuit in the U.S. District Court for the Middle District of Florida. The student, a minor, sued the School Board and Superintendent of Schools of St. Johns County, Florida, as well as the principal of Allen D. Nease High School, under 42 U.S.C. § 1983. Represented by Lambda Legal and private counsel, the student sought a declarator…

This case involves the practice of separating school bathrooms based on biological sex. On June 28, 2017, a transgender student, who identified as male, filed this lawsuit in the U.S. District Court for the Middle District of Florida. The student, a minor, sued the School Board and Superintendent of Schools of St. Johns County, Florida, as well as the principal of Allen D. Nease High School, under 42 U.S.C. § 1983. Represented by Lambda Legal and private counsel, the student sought a declaratory judgment that his exclusion from the boys’ restroom by a policy put in place by the school board violated his rights under the Fourteenth Amendment’s Equal Protection Clause and Title IX of the Civil Rights Act. He sought preliminary and permanent injunctive relief enjoining the school board from denying him equal access to the boys’ restroom, and nominal damages against the school board only for the violation of his rights under the Fourteenth Amendment and Title IX. The complaint was quickly amended on September 7, 2017, to also include compensatory damages.

Shortly after the initial filing, the assigned Magistrate Judge Patricia D. Barksdale recused herself from the case for reasons unknown to the Clearinghouse, and on July 3, 2017, the case was reassigned to Magistrate Judge Joel B. Toomey. 

On July 19, 2017, the student moved for a preliminary injunction. After a hearing, the court denied the motion, but the court’s reasoning was unavailable in the docket. On August 1, 2017, the Superintendent of Schools and the Principal of Allen D. Nease High School moved to dismiss the complaint against them. They argued that “[b]ecause Plaintiff has sued the School Board directly, the official capacity claims against the Superintendent and Principal are redundant and unnecessary and should be dismissed with prejudice.” Shortly thereafter, the plaintiff moved to voluntarily dismiss his claims as to those two defendants only. On August 8, 2017, the court granted the plaintiff’s motion, mooting the two defendants’ motion to dismiss.

In September 2017, the case was referred to mediation and Terrance Edward Schmidt was appointed as mediator. A mediation hearing was held on November 29, 2017, but concluded with an impasse.

On November 29, 2017, the plaintiff filed an unopposed motion for miscellaneous relief, specifically requesting the court take judicial notice of EEOC decisions holding discrimination based on transgender status was a form of sex discrimination.

After a three-day bench trial held on December 11-13, 2017 and oral argument, on July 26, 2018, the U.S. District Court for the Middle District of Florida concluded that, since the plaintiff is regarded as a boy both medically and legally, the law requires that he be treated like any other boy. This includes using the boy’s restroom instead of the girl’s restroom or a gender-neutral single-stall restroom provided for transgender students. 318 F.Supp.3d 1293. The district court ruled in the plaintiff’s favor on both counts: it enjoined the School Board from prohibiting the plaintiff’s use of the boys’ bathrooms and granted the plaintiff $1,000 in compensatory damages. The School Board timely appealed the district court's order.

Following oral argument, on August 10, 2020, a divided panel of the U.S. Court of Appeals for the Eleventh Circuit affirmed the district court over a lone dissenter. 968 F.3d 1286. Although the court acknowledged the School Board’s goal of protecting their student’s privacy by maintaining separate bathrooms for boys and girls, found three constitutional concerns with the School Board’s policy. First, by relying upon a student’s enrollment documents to determine sex assigned at birth, the policy was administered arbitrarily with respect to transgender students. Second, the School Board’s privacy concerns about the plaintiff’s use of the boys’ bathroom were merely “hypothesized,” with no support in the factual record. Third, the School District’s bathroom policy subjected the plaintiff to unfavorable treatment simply because he defied gender stereotypes as a transgender person.

After the dissenting judge withheld the mandate, the panel majority sua sponte withdrew its initial opinion and issued a revised opinion on July 14, 2021, again affirming the district court over a revised dissent, but on grounds that were neither substantively discussed in the initial panel opinion nor substantively made by any party before the district court or the appellate court. 3 F.4th 1299. Indeed, the court of appeals first agreed that heightened scrutiny applied to the case, because Supreme Court and circuit precedent required this level of scrutiny in cases involving sex discrimination. It further stated that the School Board has not met its “demanding” constitutional burden by showing a substantial relationship between its policy for excluding transgender students from certain restrooms and student privacy.

The School Board filed a petition for rehearing en banc. The Court of Appeals granted the School Board's petition and vacated the panel's revised opinion. 9 F.4th 1369. The U.S. Department of Justice, Civil Rights Division (DOJ) joined an amicus brief, along with 50 other organizations, in support of the plaintiff’s claims.2021 WL 5630400.

On rehearing en banc, in a 7-4 vote, the Eleventh Circuit Court of Appeals (Circuit Judge Barbara Lagoa) upheld the school's bathroom policy, ruling it did not violate the Equal Protection Clause or Title IX of the Civil Rights Act. 57 F.4th 791. The opinion also stated that the Supreme Court’s decision in Bostock v. Clayton did not apply in the context of bathrooms. As reasoning, the court first stated that in Bostock, the Supreme Court expressly declined to address the issue of sex-separated bathrooms and locker rooms. The court further explained that the appeal at issue was about schools and children and that a school is unlike an adult workplace. Lastly, still referring to Bostock, the court declined to include gender identity in the definition of 'sex' under Title IX and stated that “a policy can lawfully classify on the basis of biological sex without unlawfully discriminating on the basis of transgender status.”

On January 30, 2023, the Court of Appeals vacated the order withholding the mandate and entered its en banc decision as final judgment. As of March 27, 2023, the case remained open, but the plaintiff had not filed a petition for a writ of certiorari.

Summary Authors

Luise Cornelli (3/28/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6238478/parties/adams-v-the-school-board-of-st-johns-county-florida/


Judge(s)
Attorney for Plaintiff

Altman, Jennifer G. (Florida)

Attorney for Defendant

Axelrod, Robert J (Florida)

Barden, Robert Christopher (Florida)

Expert/Monitor/Master/Other

Angelucci, Margaret Ann (Florida)

Baxter, Rosanne C. (Florida)

Attorney for Defendant

show all people

Documents in the Clearinghouse

Document
1

3:17-cv-00739

Complaint for Declaratory and Injunctive Relief and Nominal Damages

June 28, 2017

June 28, 2017

Complaint
34

3:17-cv-00739

Defendants', Office of Superintendent's and Office of Principal's, Motion to Dismiss Complaint

Aug. 1, 2017

Aug. 1, 2017

Pleading / Motion / Brief
50

3:17-cv-00739

Order

Aug. 10, 2017

Aug. 10, 2017

Order/Opinion
60

3:17-cv-00739

First Amended Complaint for Declaratory, Injunctive, and other Relief

Sept. 7, 2017

Sept. 7, 2017

Complaint
193

3:17-cv-00739

Final Judgment

July 26, 2018

July 26, 2018

Order/Opinion
192

3:17-cv-00739

Findings of Fact and Conclusions of Law

July 26, 2018

July 26, 2018

Order/Opinion

318 F.Supp.3d 318

207

No. 18-13592

United States Court of Appeals for the Eleventh Circuit Opinion

U.S. Court of Appeals for the Eleventh Circuit

Aug. 10, 2020

Aug. 10, 2020

Order/Opinion

968 F.3d 968

190

No. 18-13592

Opinion

U.S. Court of Appeals for the Eleventh Circuit

July 14, 2021

July 14, 2021

Order/Opinion

3 F.4th 3

211

No. 18-13592

Order

U.S. Court of Appeals for the Eleventh Circuit

Aug. 23, 2021

Aug. 23, 2021

Order/Opinion

9 F.4th 9

251

No. 18-13592

En Banc Brief for the United States as Amicus Curiae in Support of Plaintiff-Appellee and Urging Affirmance

Adams v. School Board of St. Johns County, Florida

U.S. Court of Appeals for the Eleventh Circuit

Nov. 26, 2021

Nov. 26, 2021

Pleading / Motion / Brief

2021 WL 2021

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6238478/adams-v-the-school-board-of-st-johns-county-florida/

Last updated March 9, 2024, 3:11 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against The School Board of St. Johns County, Florida, Tim Forson, and Lisa Kunze (Filing fee $ 400 receipt number JAX024481) filed by Drew Adams. (Attachments: # 1 Civil Cover Sheet)(AEJ) (Entered: 06/28/2017)

1 Civil Cover Sheet

View on PACER

June 28, 2017

June 28, 2017

Clearinghouse
2

SUMMONS issued as to The School Board of St. Johns County, Florida, Tim Forson, and Lisa Kunze.(AEJ) (Entered: 06/28/2017)

June 28, 2017

June 28, 2017

PACER
3

ORDER of recusal directing the Clerk of Court to reassign this case to another United States Magistrate Judge. Signed by Magistrate Judge Patricia D. Barksdale on 6/29/2017. (ASL) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

RECAP

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Tara L. Borelli, appearing on behalf of Drew Adams (Filing fee $150 receipt number JAX024538.). (AFC)

July 3, 2017

July 3, 2017

PACER
4

NOTICE of Appearance by Terry Joseph Harmon on behalf of The School Board of St. Johns County, Florida (Harmon, Terry) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
5

NOTICE of Appearance by Robert Jacob Sniffen on behalf of The School Board of St. Johns County, Florida (Sniffen, Robert) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
6

Case Reassigned to Magistrate Judge Joel B. Toomey. New case number: 3:17-cv-000739-J-32JBT. Magistrate Judge Patricia D. Barksdale no longer assigned to the case. (TMC) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
7

NOTICE of Appearance by Michael P. Spellman on behalf of The School Board of St. Johns County, Florida (Spellman, Michael) (Entered: 07/05/2017)

July 5, 2017

July 5, 2017

PACER
8

RETURN of service on 06/30/2017 as to Tim Forson, by Drew Adams (Altman, Jennifer) Modified on 7/12/2017 to edit text. (TMC) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
9

RETURN of service on 06/30/2017 as to Lisa Kunze, by Drew Adams (Altman, Jennifer) Modified on 7/12/2017 to edit text. (TMC) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
10

RETURN of service on 06/30/2017 as to the School Board of St. Johns County, Florida, by Drew Adams (Altman, Jennifer) Modified on 7/12/2017 to edit text. (TMC) (Entered: 07/11/2017)

July 11, 2017

July 11, 2017

PACER
11

NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 7/12/2017. (Attachments: # 1 Case Management Report form, # 2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Paul D. Castillo, appearing on behalf of Drew Adams (Filing fee $150 receipt number JAX024648.). (AFC)

July 13, 2017

July 13, 2017

PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Omar Gonzalez-Pagan, appearing on behalf of Drew Adams (Filing fee $150 receipt number 024649.). (AFC)

July 13, 2017

July 13, 2017

PACER
12

Unopposed MOTION for Tara L. Borelli to appear pro hac vice by Drew Adams. (Doolittle, Kirsten) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

RECAP
13

Unopposed MOTION for Paul D. Castillo to appear pro hac vice by Drew Adams. (Doolittle, Kirsten) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Nathaniel R. Smith, appearing on behalf of Drew Adams (Filing fee $150 receipt number JAX024657.) (AEJ)

July 14, 2017

July 14, 2017

PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Richard M. Segal, appearing on behalf of Drew Adams (Filing fee $150 receipt number JAX024658.). (AEJ)

July 14, 2017

July 14, 2017

PACER
14

ENDORSED ORDER granting 12 13 Plaintiffs' Unopposed Motions for Admission Pro Hac Vice. If Tara L. Borelli, Esq., and Paul D. Castillo, Esq., have not already done so, they each shall immediately pay the admission fee and register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 7/14/2017. (TSP) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
15

APPEARANCE of non-resident counsel and designation of local counsel by Tara L. Borelli on behalf of All Plaintiffs. Local Counsel: Kirsten L. Doolittle. Non-Resident Counsel: Tara L. Borelli. (Borelli, Tara) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
16

APPEARANCE of non-resident counsel and designation of local counsel by Paul David Castillo on behalf of All Plaintiffs. Local Counsel: Kirsten L. Doolittle. Non-Resident Counsel: Paul D. Castillo. (Castillo, Paul) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
17

NOTICE of Appearance by Terry Joseph Harmon on behalf of Tim Forson, Lisa Kunze (Harmon, Terry) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
18

CERTIFICATE of interested persons and corporate disclosure statement by Drew Adams. (Doolittle, Kirsten) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
19

NOTICE of Appearance by Robert Jacob Sniffen on behalf of Tim Forson, Lisa Kunze (Sniffen, Robert) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
20

NOTICE of Appearance by Michael P. Spellman on behalf of Tim Forson, Lisa Kunze (Spellman, Michael) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
21

CERTIFICATE of interested persons and corporate disclosure statement by Tim Forson, Lisa Kunze, The School Board of St. Johns County, Florida. (Harmon, Terry) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
22

MOTION for preliminary injunction and Supporting Memorandum of Law by Drew Adams. (Attachments: Affidavit, Text of Proposed Order)(Borelli, Tara) (TMC). (Additional attachment(s) added on 7/20/2017: # 1 Exhibit Declaration of Drew Adams, # 2 Exhibit Declaration of Erica Adams Kasper, # 3 Exhibit Declaration of Diane Ehrensaft, Ph.D., # 4 Exhibit Declaration of Tara L. Borelli, # 5 Text of Proposed Order) (TMC). Modified on 7/20/2017 to remove, separate and re-attach exhibits correctly per Chambers. Counsel directed to send 2 courtesy copies of this entire document to Chambers. (TMC) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
23

Unopposed MOTION for Omar Gonzalez-Pagan to appear pro hac vice by Drew Adams. (Doolittle, Kirsten) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
24

Unopposed MOTION for Nathaniel R. Smith to appear pro hac vice by Drew Adams. (Doolittle, Kirsten) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
25

Unopposed MOTION for Richard M. Segal to appear pro hac vice by Drew Adams. (Doolittle, Kirsten) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
26

ORDER Setting Hearing on 22 MOTION for preliminary injunction: Motion Hearing set for 8/10/2017 at 3:00 PM in Jacksonville Courtroom 10D before Judge Timothy J. Corrigan; defendants' response to plaintiff's motion due no later than 8/4/2017. Signed by Judge Brian J. Davis on 7/21/2017. (SRW) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
27

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by Tim Forson, Lisa Kunze, The School Board of St. Johns County, Florida. (Harmon, Terry) Motions referred to Magistrate Judge Joel B. Toomey. Modified on 7/24/2017 - notified counsel of correct case number for future filikngs. (TMC) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
28

ENDORSED ORDER granting 23 24 25 Plaintiffs' Unopposed Motions for Admission Pro Hac Vice. If Omar Gonzalez-Pagan, Esq., Nathaniel R. Smith, Esq., and Richard M. Segal, Esq., have not already done so, they each shall immediately pay the admission fee and register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 7/21/2017. (TSP) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
29

NOTICE by Drew Adams re 11 Related case order and track 2 notice : Notice of service in compliance with ECF No. 11 (Borelli, Tara) (Entered: 07/21/2017)

July 21, 2017

July 21, 2017

PACER
30

ENDORSED ORDER granting 27 Motion for Extension of Time to Respond to 1 Complaint. Defendants' response shall be filed no later than August 18, 2017. Signed by Judge Timothy J. Corrigan on 7/23/2017. (SRW) (Entered: 07/23/2017)

July 23, 2017

July 23, 2017

PACER
31

APPEARANCE of non-resident counsel and designation of local counsel by Omar Gonzalez-Pagan on behalf of Drew Adams. Local Counsel: Kirsten Doolittle. Non-Resident Counsel: Omar Gonzalez-Pagan. (Gonzalez-Pagan, Omar) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
32

APPEARANCE of non-resident counsel and designation of local counsel by Richard M. Segal on behalf of Drew Adams. Notice of Appearance for Plaintiff and Notice of Compliance with CM/ECF Registration Local Counsel: Kirsten L. Doolittle. Non-Resident Counsel: Richard M. Segal. (Segal, Richard) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
33

APPEARANCE of non-resident counsel and designation of local counsel by Nathaniel R. Smith on behalf of Drew Adams. Notice of Appearance for Plaintiff and Notice of Compliance with CM/ECF Registration Local Counsel: Kirsten L. Doolittle. Non-Resident Counsel: Nathaniel R. Smith. (Smith, Nathaniel) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

RECAP
34

MOTION to Dismiss 1 Complaint by Tim Forson, Lisa Kunze. (Harmon, Terry) Modified on 8/2/2017 to create docket entry relationship. (TMC) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

Clearinghouse
35

MOTION for Leave to File Excess Pages by All Defendants. (Harmon, Terry) (Entered: 08/01/2017)

Aug. 1, 2017

Aug. 1, 2017

PACER
36

ENDORSED ORDER granting 35 Motion for Leave to File Excess Pages. Defendants' response to plaintiff's motion for preliminary injunction may be up to 35 pages long. Signed by Judge Timothy J. Corrigan on 8/2/2017. (SRW) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
37

NOTICE of Appearance by Kevin Charles Kostelnik on behalf of Tim Forson, Lisa Kunze, The School Board of St. Johns County, Florida (Kostelnik, Kevin) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
38

Unopposed MOTION for leave to file under seal Education Records and Confidential Building Schematics to be Filed in Support of Defendants' Response to Plaintiff's 22 Motion for Preliminary Injunction by Tim Forson, Lisa Kunze, The School Board of St. Johns County, Florida. (Kostelnik, Kevin) Modified on 8/3/2017 to create docket entry relationship. (TMC) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
39

ORDER granting 38 defendants' unopposed motion to seal certain exhibits (see order for details). Signed by Judge Timothy J. Corrigan on 8/3/2017.(SRW) (Entered: 08/03/2017)

Aug. 3, 2017

Aug. 3, 2017

PACER
40

NOTICE of Filing Documents in Support of its 42 Response to 22 Motion for Preliminary Injunction, by Tim Forson, Lisa Kunze, The School Board of St. Johns County, Florida (Attachments: # 1 Declaration of Tim Forson, # 2 Declaration of Paul Rose (exhibits filed under seal), # 3 Declaration of Cathy Mittelstadt, # 4 Declaration of Lisa Kunze (exhibits filed under seal), # 5 Declaration of Kyle Dresback, # 6 Declaration of Sallyanne Smith, # 7 Declaration of Michael Spellman)(Harmon, Terry) Modified on 8/7/2017 create docket entry relationship and edit text. (TMC) Modified on 8/7/2017 - per counsel, this document amended to correct case number and grammatical errors, see doc 41. (TMC) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
41

Amended NOTICE of Filing Documents in Support of its 42 Response to 22 Motion for Preliminary Injunction, by Tim Forson, Lisa Kunze, The School Board of St. Johns County, Florida. (Attachments: # 1 Declaration of Tim Forson, # 2 Declaration of Paul Rose (exhibits filed under seal), # 3 Declaration of Cathy Mittelstadt, # 4 Declaration of Lisa Kunze (exhibits filed under seal), # 5 Declaration of Kyle Dresback, # 6 Declaration of Sallyanne Smith, # 7 Declaration of Michael Spellman)(Harmon, Terry) Modified on 8/7/2017 to create docket entry relationship and edit text. (TMC) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER
42

RESPONSE to 22 MOTION for preliminary injunction and Supporting Memorandum of Law, filed by Tim Forson, Lisa Kunze, The School Board of St. Johns County, Florida. (Harmon, Terry) Modified on 8/7/2017 to edit text. (TMC) (Entered: 08/04/2017)

Aug. 4, 2017

Aug. 4, 2017

PACER

Sealed Documents: S-43 and S-44. (TMC)

Aug. 7, 2017

Aug. 7, 2017

PACER
45

NOTICE by Drew Adams OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANTS TIM FORSON AND LISA KUNZE ONLY (Castillo, Paul) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
46

Unopposed MOTION for leave to file Reply in further support of Plaintiff's 22 Motion for Preliminary Injunction by Drew Adams. (Gonzalez-Pagan, Omar) Modified on 8/8/2017 to create docket entry relationship. (TMC) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
47

ENDORSED ORDER granting 46 Motion for Leave to File Reply: plaintiff's 3 page reply brief and accompanying exhibits shall be filed no later than noon on 8/8/2017. Signed by Judge Timothy J. Corrigan on 8/7/2017. (SRW) (Entered: 08/07/2017)

Aug. 7, 2017

Aug. 7, 2017

PACER
48

REPLY in Further Support of 22 MOTION for preliminary injunction and Supporting Memorandum of Law filed by Drew Adams. (Attachments: # 1 Affidavit of Tara L. Borelli)(Borelli, Tara) Modified on 8/9/2017 to edit text. (TMC) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
49

ORDER re: 45, dismissing without prejudice defendants Tim Forson and Lisa Kunze in their official capacities, finding as moot 34 motion to dismiss. Signed by Judge Timothy J. Corrigan on 8/8/2017.(SRW) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
50

ORDER denying 22 Motion for Preliminary Injunction; directing defendant to respond to the complaint by 8/18/2017; plaintiff to respond by 9/8/2017 if defendant moves to dismiss any claims; parties to confer and file proposed case management schedule by 8/18/2017; tentatively setting case on December 2017 trial term for a 3 day non-jury trial. Signed by Judge Timothy J. Corrigan on 8/10/2017. (SRW) (Entered: 08/10/2017)

Aug. 10, 2017

Aug. 10, 2017

Clearinghouse
51

MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: Hearing held on 8/10/2017 re: 22 Motion for Preliminary Injunction. Court Reporter: Shannon Bishop. (MD) (Entered: 08/14/2017)

Aug. 10, 2017

Aug. 10, 2017

PACER
52

MOTION for Extension of Time to File Answer re 1 Complaint, 50 Order on Motion for Preliminary Injunction by The School Board of St. Johns County, Florida. (Harmon, Terry) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER
53

ENDORSED ORDER granting 52 Motion for Extension of Time to File Answer. The School Board of St. Johns County, Florida shall file its answer to Count I by 8/22/2017. Signed by Judge Timothy J. Corrigan on 8/18/2017.(SRW) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
54

MOTION to dismiss for failure to state a claim by The School Board of St. Johns County, Florida. (Harmon, Terry) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
55

CASE MANAGEMENT REPORT. (Rivaux, Shani) (Entered: 08/18/2017)

Aug. 18, 2017

Aug. 18, 2017

PACER
56

ANSWER and affirmative defenses to 1 Complaint by The School Board of St. Johns County, Florida.(Harmon, Terry) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

RECAP
57

TRANSCRIPT of Motion for Preliminary Injunction Hearing held on August 10, 2017 before Judge Timothy J. Corrigan. Court Reporter/Transcriber Shannon M. Bishop, RDR, CRR; dsmabishop@yahoo.com,Telephone number (904)549-1307. 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 or purchased through the Court Reporter.. Redaction Request due 9/20/2017, Redacted Transcript Deadline set for 10/2/2017, Release of Transcript Restriction set for 11/28/2017. (SB) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
58

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RDR, CRR; dsmabishop@yahoo.com; (904)549-1307. (SB) (Entered: 08/30/2017)

Aug. 30, 2017

Aug. 30, 2017

PACER
59

CASE MANAGEMENT AND SCHEDULING ORDER: Order carrying motion to dismiss with the case (plaintiff shall incorporate response in proposed findings of fact and conclusions of law); allowing parties to perpetuate testimony of unavailable witness; setting case schedule as follows: Motions to Add Parties and Amend Pleadings, Identification of Mediator or Interest in Magistrate Judge Settlement Conference: 9/15/2017; Disclosure of Affirmative Expert Reports: 10/2/2017; Rebuttal Expert Reports: 11/3/2017; Close of Fact and Expert Discovery: 11/22/2017; Joint Final Pretrial Statement and all motions: 11/29/2017; Final Pretrial Conference set for 12/1/2017 at 3:00 PM in Jacksonville Courtroom 10D; Preliminary Findings of Fact and Conclusions of Law (limited to 35 pages) due 12/7/2017; Bench Trial set for 12/11/2017 at 9:00 AM in Jacksonville Courtroom 10D (see Order for further details). Signed by Judge Timothy J. Corrigan on 9/4/2017. (SRW) (Entered: 09/04/2017)

Sept. 4, 2017

Sept. 4, 2017

PACER
60

First AMENDED COMPLAINT against The School Board of St. Johns County, Florida filed by Drew Adams.(Borelli, Tara) Modified on 9/13/2017 to edit text. (TMC) (Entered: 09/07/2017)

Sept. 7, 2017

Sept. 7, 2017

Clearinghouse
61

Joint NOTICE OF SELECTION of Terrance E. Schmidt as mediator by Drew Adams. (Rivaux, Shani) Modified on 9/18/2017 to edit text. (TMC) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
62

ORDER referring case to mediation and appointing mediator. Terrance Edward Schmidt is appointed as mediator, mediation shall be conducted on or before 12/1/17. Signed by Judge Timothy J. Corrigan on 9/20/2017. (Attachments: # 1 Mediation Report form, # 2 docket sheet)(MD) (Entered: 09/20/2017)

Sept. 20, 2017

Sept. 20, 2017

PACER
63

ANSWER and affirmative defenses to 60 Amended Complaint by The School Board of St. Johns County, Florida.(Spellman, Michael) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

RECAP
64

NOTICE Adopting 54 MOTION to Dismiss in Response to Count II of Plaintiff's 60 Amended Complaint, by The School Board of St. Johns County, Florida (Spellman, Michael) Modified on 9/22/2017 to create docket entry relationship and edit text. (TMC) (Entered: 09/21/2017)

Sept. 21, 2017

Sept. 21, 2017

PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Natalie Nardecchia, appearing on behalf of Drew Adams (Filing fee $150 receipt number JAX025443.). (AFC)

Oct. 6, 2017

Oct. 6, 2017

PACER
65

Joint MOTION for protective order by The School Board of St. Johns County, Florida. (Attachments: # 1 Stipulated Protective Order)(Harmon, Terry) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 10/09/2017)

Oct. 9, 2017

Oct. 9, 2017

PACER
66

ORDER taking under advisement 65 Joint Motion for Entry of Stipulated Protective Order. The parties' filing due by 10/18/17. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 10/11/2017. (TAM) (Entered: 10/11/2017)

Oct. 11, 2017

Oct. 11, 2017

PACER
67

Unopposed MOTION for Natalie Nardecchia to appear pro hac vice by All Plaintiffs. (Attachments: # 1 Exhibit)(Doolittle, Kirsten) Motions referred to Magistrate Judge Joel B. Toomey. (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
68

NOTICE by The School Board of St. Johns County, Florida of Filing Stipulation Regarding HIPAA Protected Information (Attachments: # 1 Stipulation Regarding HIPAA Protected Information)(Harmon, Terry) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
69

MOTION for miscellaneous relief, specifically for Student and Parent Witnesses to Proceed Anonymously and/or Under a Pseudonym and Request for Expedited Briefing Schedule and Review by The School Board of St. Johns County, Florida. (Harmon, Terry) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
70

ENDORSED ORDER directing plaintiff to respond to 69 MOTION for Student and Parent Witnesses to Proceed Anonymously and/or Under a Pseudonym no later than 10/19/2017.Signed by Judge Timothy J. Corrigan on 10/12/2017. (SRW) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
71

ORDER granting 65 Joint Motion for Entry of Stipulated Protective Order. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 10/12/2017. (TAM) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
72

Stipulated Protective Order. Signed by Magistrate Judge Joel B. Toomey on 10/12/2017. (TAM) (Entered: 10/12/2017)

Oct. 12, 2017

Oct. 12, 2017

PACER
73

ENDORSED ORDER granting 67 Plaintiffs' Unopposed Motion for Admission Pro Hac Vice of Natalie Nardecchia. If Natalie Nardecchia, Esq., has not already done so, she shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 10/13/2017.(TSP) (Entered: 10/13/2017)

Oct. 13, 2017

Oct. 13, 2017

PACER
74

APPEARANCE of non-resident counsel and designation of local counsel by Natalie Nardecchia on behalf of Drew Adams. Local Counsel: Kirsten L. Doolittle. Non-Resident Counsel: Natalie Nardecchia. (Nardecchia, Natalie) (Entered: 10/16/2017)

Oct. 16, 2017

Oct. 16, 2017

PACER
75

RESPONSE in Opposition re 69 MOTION for miscellaneous relief, specifically for Student and Parent Witnesses to Proceed Anonymously and/or Under a Pseudonym and Request for Expedited Briefing Schedule and Review filed by Drew Adams. (Gonzalez-Pagan, Omar) (Entered: 10/19/2017)

Oct. 19, 2017

Oct. 19, 2017

PACER
76

NOTICE of telephone hearing: Telephone Hearing re: Defendant's Motion for Student and Parent Witnesses to Proceed Anonymously and/or Under a Pseudonym (Doc. 69) set for 10/30/2017 at 2:00 PM in Courtroom 10 D before Judge Timothy J. Corrigan. Parties directed to contact CourtCall no later than 10/26/17 to make the telephone conference call arrangements.(MD) (Entered: 10/24/2017)

Oct. 24, 2017

Oct. 24, 2017

PACER
77

MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: Telephone hearing re: Defendant's Motion for Student and Parent Witnesses to Proceed Anonymously and/or Under a Pseudonym (Doc. 69) held on 10/30/2017. Order to enter. Court Reporter: Shannon Bishop. (MD) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER
78

ORDER denying without prejudice 69 Defendant's Motion for Student and Parent Witnesses to Proceed Anonymously and/or Under a Pseudonym. Signed by Judge Timothy J. Corrigan on 10/30/2017.(SRW) (Entered: 10/30/2017)

Oct. 30, 2017

Oct. 30, 2017

PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Robert Christopher Barden, appearing on behalf of The School Board of St. Johns County, Florida (Filing fee $150 receipt number JAX025726.). (AFC)

Nov. 2, 2017

Nov. 2, 2017

PACER
79

Unopposed MOTION for miscellaneous relief, specifically for Admission Pro Hac Vice of R. Christopher Barden by The School Board of St. Johns County, Florida. (Harmon, Terry) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
80

Emergency MOTION to quash Subpoena or, in the Alternative, for Protective Order and Supporting Memorandum of Law and Combined Objections by The School Board of St. Johns County, Florida. (Attachments: # 1 Exhibit 1 - November 3, 2017 Notice of Deposition of Allan Josephson, M.D., # 2 Exhibit 2 - November 6, 2017 Amended Notice of Deposition of Allan Josephson, M.D.)(Kostelnik, Kevin) (Entered: 11/08/2017)

Nov. 8, 2017

Nov. 8, 2017

PACER
81

ORDER directing the parties to postpone Dr. Josephson's deposition (now set for 11/13/2017), directing plaintiff to file a response to 80 defendant's Emergency Motion to Quash by 11/11/2017 at 5:00 p.m., directing defendant to file Dr. Josephson's expert report by 11/11/2017 at 5:00 p.m., setting TELEPHONE HEARING on 80 Emergency Motion to Quash: Telephone Hearing set for 11/13/2017 at 4:00 PM before Judge Timothy J. Corrigan; parties to call CourtCall by 11/10/2017 to make telephone conference call arrangements (see Order for details). Signed by Judge Timothy J. Corrigan on 11/9/2017. (SRW) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
82

ORDER denying without prejudice 79 Defendant's Unopposed Motion for Admission Pro Hac Vice of R. Christopher Barden. See Order for details. Signed by Magistrate Judge Joel B. Toomey on 11/9/2017. (MAM) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
83

NOTICE of Appearance by Lisa Barclay Fountain on behalf of The School Board of St. Johns County, Florida (Fountain, Lisa) (Entered: 11/09/2017)

Nov. 9, 2017

Nov. 9, 2017

PACER
84

RESPONSE in Opposition re 80 Emergency MOTION to quash Subpoena or, in the Alternative, for Protective Order and Supporting Memorandum of Law and Combined Objections filed by Drew Adams. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Altman, Jennifer) (Entered: 11/10/2017)

Nov. 10, 2017

Nov. 10, 2017

PACER
85

NOTICE by The School Board of St. Johns County, Florida of Filing Dr. Josephson's Expert Report (Attachments: # 1 Exhibit Dr. Josephson's Expert Report)(Kostelnik, Kevin) (Entered: 11/11/2017)

1 Exhibit Dr. Josephson's Expert Report

View on RECAP

Nov. 11, 2017

Nov. 11, 2017

PACER
86

ENDORSED ORDER directing defendant to file a copy of Dr. Josephson's rebuttal report no later than 11/13/2017 at noon. Signed by Judge Timothy J. Corrigan on 11/12/2017. (SRW) (Entered: 11/12/2017)

Nov. 12, 2017

Nov. 12, 2017

PACER
87

Amended MOTION for miscellaneous relief, specifically for Admission Pro Hac Vice of R. Chistopher Barden (Unopposed) by The School Board of St. Johns County, Florida. (Harmon, Terry) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
88

ENDORSED ORDER granting 87 Defendant's Amended Unopposed Motion for Admission Pro Hac Vice of R. Christopher Barden. If Mr. Barden has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Signed by Magistrate Judge Joel B. Toomey on 11/13/2017. (MAM) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
89

NOTICE by The School Board of St. Johns County, Florida of Filing Dr. Josephson's Rebuttal Expert Report (Attachments: # 1 Dr. Josephsons Rebuttal Expert Report (redacted))(Harmon, Terry) (Entered: 11/13/2017)

1 Dr. Josephsons Rebuttal Expert Report (redacted)

View on RECAP

Nov. 13, 2017

Nov. 13, 2017

PACER

Sealed Document:[S-90]. Notice of Filing: Dr. Josephson's Unredacted Expert Rebuttal Report, dated November 3, 2017. (TMC)

Nov. 13, 2017

Nov. 13, 2017

PACER
91

ORDER granting 80 Defendant's Combined Objections and Emergency Motion to Quash Subpoena or, in the Alternative, for Protective Order, to the extent that Dr. Josephson need not produce any patient files in advance of his deposition (ruling is without prejudice to plaintiff seeking records after the deposition); resetting time for Final Pretrial Conference: reset for 12/1/2017 at 10:00 a.m. (Courtroom 10D). Signed by Judge Timothy J. Corrigan on 11/13/2017. (SRW) (Entered: 11/13/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
92

MINUTE ENTRY. Proceedings held before Judge Timothy J. Corrigan: Telephone hearing re: 80 Defendant's Combined Objections and Emergency Motion to Quash Subpoena or, in the Alternative, for Protective Order held on 11/13/2017. Court Reporter: Shannon Bishop. (MD) (Entered: 11/14/2017)

Nov. 13, 2017

Nov. 13, 2017

PACER
93

NOTICE of Appearance by Robert Christopher Barden on behalf of The School Board of St. Johns County, Florida (Barden, Robert) (Entered: 11/14/2017)

Nov. 14, 2017

Nov. 14, 2017

PACER
94

SECOND NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Final Pretrial Conference hearing previously scheduled for 12/1/2017 is rescheduled as to time only. New hearing time: Final Pretrial Conference set for 12/1/2017 at 10:30 AM (instead of 10:00 AM) in Jacksonville Courtroom 10D before Judge Timothy J. Corrigan (SRW) (Entered: 11/15/2017)

Nov. 15, 2017

Nov. 15, 2017

PACER

Case Details

State / Territory: Florida

Case Type(s):

Education

Special Collection(s):

Transgender Bathroom Access Cases

Key Dates

Filing Date: June 28, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A minor transgender student at Allen D. Nease High School, who identified as male, by and through his mother

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Lambda Legal

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida (St. Johns), State

Defendant Type(s):

Elementary/Secondary School

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Defendant

Nature of Relief:

None

Source of Relief:

None

Issues

General/Misc.:

Bathrooms

Juveniles

School/University Facilities

School/University policies

Discrimination Basis:

Gender identity

Discrimination Area:

Disparate Treatment

Affected Sex/Gender(s):

Male

LGBTQ+:

LGBTQ+