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 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

Expert/Monitor/Master/Other

Alger, Maureen P. (Florida)

Amend, Andrew W. (Florida)

Anastasio, Morgan Lindsay (Florida)

Anten, Todd (Florida)

Judge(s)

Corrigan, Timothy J. (Florida)

Attorney for Plaintiff

Altman, Jennifer G. (Florida)

Borelli, Tara L. (Florida)

Castillo, Paul David (Florida)

Doolittle, Kirsten L. (Florida)

Flynn, Diana Katherine (Florida)

Gonzalez-Pagan, Omar (Florida)

Kaplan, Aryeh L. (Florida)

Lapointe, Markenzy (Florida)

Miller, William C. (Florida)

Nardecchia, Natalie (Florida)

Rivaux, Shani (Florida)

Robertson, Cynthia Cook (Florida)

Segal, Richard M. (Florida)

Smith, Nathaniel R. (Florida)

Attorney for Defendant

Barden, Robert Christopher (Florida)

Fountain, Lisa Barclay (Florida)

Harmon, Terry Joseph (Florida)

Kostelnik, Kevin Charles (Florida)

Slanker, Jeffrey (Florida)

Sniffen, Robert Jacob (Florida)

Spellman, Michael P. (Florida)

Other

Alger, Maureen P. (Florida)

Amend, Andrew W. (Florida)

Anastasio, Morgan Lindsay (Florida)

Anten, Todd (Florida)

Barday, Shireen (Florida)

Baxter, Rosanne C. (Florida)

Berlow, Clifford Warren (Florida)

Bertschi, Craig Edward (Florida)

Binning, Sarah Rebecca (Florida)

Block, Joshua A. (Florida)

Boccuzzi, Carmine D. (Florida)

Bursch, John J. (Florida)

Campbell, Sarah Keeton (Florida)

Counsel, Brianne Jenna (Florida)

Davis, Steven W. (Florida)

Dwyer, John (Florida)

Dyer, Karen Caudill (Florida)

Erchull, Chris (Florida)

Ferguson, Laura (Florida)

Generales, Markos Cleomenes (Florida)

Grossman, Kyle (Florida)

Grube, Mark Stephen (Florida)

Harrington, Emily (Florida)

Hecker, Elizabeth (Florida)

Ifill, Sherrilyn Ann (Florida)

Jacobs, Edward John (Florida)

Johnson, Alexsis (Florida)

Kellum, Nathan W. (Florida)

Kilaru, Rakesh (Florida)

Lee, Jin Hee (Florida)

MacKenzie, Dominic C. (Florida)

McCaleb, Gary S. (Florida)

Meerkamper, Shawn Thomas (Florida)

Mesa, David D. (Florida)

Minter, Shannon Price (Florida)

Mott-Smith, Audrey J. (Florida)

Neal, Blake Andrew (Florida)

Nelson, Janai S. (Florida)

Orr, Asaf (Florida)

Palacios, Patricia B. (Florida)

Pierce, Jerome (Florida)

Pincus, Andrew John (Florida)

Portnoi, Dimitri (Florida)

Powell, Wesley R. (Florida)

Robin-Vergeer, Bonnie I. (Florida)

Rothfeld, Charles Alan (Florida)

Shaffer, Chelsea (Florida)

Spital, Samuel (Florida)

Stork, Victoria Lynn (Florida)

Teufel, Gregory H. (Florida)

Tilley, Daniel Boaz (Florida)

Tyler, Robert H. (Florida)

Tysse, James E. (Florida)

Wasick, Joanna F. (Florida)

Weisel, Jessica (Florida)

Wong, Kyle (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

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
192 3:17-cv-00739	Findings of Fact and Conclusions of Law	July 26, 2018	July 26, 2018 Order/Opinion 318 F.Supp.3d 1293
193 3:17-cv-00739	Final Judgment	July 26, 2018	July 26, 2018 Order/Opinion
207 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 1286
190 18-13592	Opinion U.S. Court of Appeals for the Eleventh Circuit	July 14, 2021	July 14, 2021 Order/Opinion 3 F.4th 1299
211 18-13592	Order U.S. Court of Appeals for the Eleventh Circuit	Aug. 23, 2021	Aug. 23, 2021 Order/Opinion 9 F.4th 1369
251 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 5630400

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Resources

Resources related to this case
Title		External URL Date / External URL
Dear Colleague Letter [rescinding prior letters relating to bathroom access for trans students] Sandra Battle & T.E. Wheeler	Feb. 22, 2017	Feb. 22, 2017 https://assets.documentcloud.org/...
Dear Colleague Letter on Transgender Students Catherine E. Lhamon and Vanita Gupta	May 13, 2016	May 13, 2016 https://www2.ed.gov/...
Examples of Policies and Emerging Practices for Supporting Transgender Students United States Department of Education	May 2016	May 1, 2016 https://www2.ed.gov/...

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Docket

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

Last updated June 30, 2026, 7:06 a.m.

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

ECF Number	Date	Description	Link
1	June 28, 2017	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	Clearinghouse
2	June 28, 2017	SUMMONS issued as to The School Board of St. Johns County, Florida, Tim Forson, and Lisa Kunze.(AEJ) (Entered: 06/28/2017)	RECAP
3	June 30, 2017	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)	RECAP
4	July 3, 2017	NOTICE of Appearance by Terry Joseph Harmon on behalf of The School Board of St. Johns County, Florida (Harmon, Terry) (Entered: 07/03/2017)	RECAP
5	July 3, 2017	NOTICE of Appearance by Robert Jacob Sniffen on behalf of The School Board of St. Johns County, Florida (Sniffen, Robert) (Entered: 07/03/2017)	RECAP
6	July 3, 2017	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)	RECAP
	July 3, 2017	***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	Pro Hac Vice Fees paid
	July 3, 2017	Case Assigned/Reassigned
7	July 5, 2017	NOTICE of Appearance by Michael P. Spellman on behalf of The School Board of St. Johns County, Florida (Spellman, Michael) (Entered: 07/05/2017)	RECAP
8	July 11, 2017	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)	RECAP
9	July 11, 2017	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)	RECAP
10	July 11, 2017	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)	RECAP
11	July 12, 2017	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)	RECAP
	July 13, 2017	***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	Pro Hac Vice Fees paid
	July 13, 2017	Pro Hac Vice Fees paid
	July 13, 2017	***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)
12	July 14, 2017	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)	RECAP
13	July 14, 2017	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)	RECAP
14	July 14, 2017	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)	RECAP
	July 14, 2017	Order on motion to appear pro hac vice AND Order on motion to appear pro hac vice
	July 14, 2017	Pro Hac Vice Fees paid
	July 14, 2017	Pro Hac Vice Fees paid
	July 14, 2017	***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	***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)
15	July 17, 2017	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)	RECAP
16	July 17, 2017	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)	RECAP
17	July 17, 2017	NOTICE of Appearance by Terry Joseph Harmon on behalf of Tim Forson, Lisa Kunze (Harmon, Terry) (Entered: 07/17/2017)	RECAP
18	July 17, 2017	CERTIFICATE of interested persons and corporate disclosure statement by Drew Adams. (Doolittle, Kirsten) (Entered: 07/17/2017)	RECAP
19	July 17, 2017	NOTICE of Appearance by Robert Jacob Sniffen on behalf of Tim Forson, Lisa Kunze (Sniffen, Robert) (Entered: 07/17/2017)	RECAP
20	July 17, 2017	NOTICE of Appearance by Michael P. Spellman on behalf of Tim Forson, Lisa Kunze (Spellman, Michael) (Entered: 07/17/2017)	RECAP
21	July 17, 2017	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)	RECAP
22	July 19, 2017	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)	RECAP
23	July 20, 2017	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)	RECAP
24	July 20, 2017	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)	RECAP
25	July 20, 2017	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)	RECAP
26	July 21, 2017	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)	RECAP
27	July 21, 2017	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)	RECAP
28	July 21, 2017	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)	RECAP
29	July 21, 2017	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)	RECAP
	July 21, 2017	Order on motion to appear pro hac vice AND Order on motion to appear pro hac vice AND Order on motion to appear pro hac vice
30	July 23, 2017	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)	RECAP
	July 23, 2017	Order on motion for extension of time to answer
31	July 24, 2017	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)	RECAP
32	July 25, 2017	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)	RECAP
33	July 25, 2017	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)	RECAP
34	Aug. 1, 2017	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)	Clearinghouse
35	Aug. 1, 2017	MOTION for Leave to File Excess Pages by All Defendants. (Harmon, Terry) (Entered: 08/01/2017)	RECAP
36	Aug. 2, 2017	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)	RECAP
37	Aug. 2, 2017	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)	RECAP
	Aug. 2, 2017	Order on Motion for Leave to File Excess Pages
38	Aug. 3, 2017	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)	RECAP
39	Aug. 3, 2017	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)	RECAP
40	Aug. 4, 2017	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)	RECAP
41	Aug. 4, 2017	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)	RECAP
42	Aug. 4, 2017	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)	RECAP
45	Aug. 7, 2017	NOTICE by Drew Adams OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE AS TO DEFENDANTS TIM FORSON AND LISA KUNZE ONLY (Castillo, Paul) (Entered: 08/07/2017)	RECAP
46	Aug. 7, 2017	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)	RECAP
47	Aug. 7, 2017	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)	RECAP
	Aug. 7, 2017	Sealed Documents: S-43 and S-44. (TMC)
	Aug. 7, 2017	Sealed Document
	Aug. 7, 2017	Order on Motion for Leave to File
48	Aug. 8, 2017	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)	RECAP
49	Aug. 8, 2017	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)	RECAP
50	Aug. 10, 2017	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)	Clearinghouse
51	Aug. 10, 2017	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)	RECAP
52	Aug. 17, 2017	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)	RECAP
53	Aug. 18, 2017	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)	RECAP
54	Aug. 18, 2017	MOTION to dismiss for failure to state a claim by The School Board of St. Johns County, Florida. (Harmon, Terry) (Entered: 08/18/2017)	RECAP
55	Aug. 18, 2017	CASE MANAGEMENT REPORT. (Rivaux, Shani) (Entered: 08/18/2017)	RECAP
	Aug. 18, 2017	Order on motion for extension of time to answer
56	Aug. 22, 2017	ANSWER and affirmative defenses to 1 Complaint by The School Board of St. Johns County, Florida.(Harmon, Terry) (Entered: 08/22/2017)	RECAP
57	Aug. 30, 2017	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)	RECAP
58	Aug. 30, 2017	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)	RECAP
	Aug. 30, 2017	Notice to counsel of filing of official transcript
59	Sept. 4, 2017	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)	RECAP
60	Sept. 7, 2017	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)	Clearinghouse
61	Sept. 15, 2017	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)	RECAP
62	Sept. 20, 2017	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)	RECAP
63	Sept. 21, 2017	ANSWER and affirmative defenses to 60 Amended Complaint by The School Board of St. Johns County, Florida.(Spellman, Michael) (Entered: 09/21/2017)	RECAP
64	Sept. 21, 2017	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)	RECAP
	Oct. 6, 2017	***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	Pro Hac Vice Fees paid
65	Oct. 9, 2017	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)	RECAP
66	Oct. 11, 2017	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)	RECAP
67	Oct. 12, 2017	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)	RECAP
68	Oct. 12, 2017	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)	RECAP
69	Oct. 12, 2017	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)	RECAP
70	Oct. 12, 2017	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)	RECAP
71	Oct. 12, 2017	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)	RECAP
72	Oct. 12, 2017	Stipulated Protective Order. Signed by Magistrate Judge Joel B. Toomey on 10/12/2017. (TAM) (Entered: 10/12/2017)	RECAP
	Oct. 12, 2017	Order
73	Oct. 13, 2017	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)	RECAP
	Oct. 13, 2017	Order on motion to appear pro hac vice
74	Oct. 16, 2017	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)	RECAP
75	Oct. 19, 2017	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)	RECAP
76	Oct. 24, 2017	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)	RECAP
77	Oct. 30, 2017	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)	RECAP
78	Oct. 30, 2017	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)	RECAP

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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

State

Florida

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

Other Dockets:

Middle District of Florida 3:17-cv-00739

U.S. Court of Appeals for the Eleventh Circuit 18-13592

Available Documents:

Any published opinion

Complaint (any)

Non-settlement Outcome

Trial Court Docket

Outcome

Prevailing Party: Defendant

Relief Granted:

None

Source of Relief:

None

Issues

General/Misc.:

Bathrooms

Juveniles

School/University Facilities

School/University policies

Discrimination Area:

Disparate Treatment

Discrimination Basis:

Gender identity

Affected Sex/Gender(s):

Male

LGBTQ+:

LGBTQ+

Recommended Citation

Case Summary of Adams v. The School Board of St. Johns County, Florida, Civil Rights Litig. Clearinghouse, https://clearinghouse.net/case/43948/ (last updated 3/28/2023).