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

4:22-cv-00304 | U.S. District Court for the Northern District of Florida

Filed Date: Aug. 18, 2022

Case Ongoing

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Case Summary

A group of Florida educators and students, including a constitutional law professor and several professors of race and gender studies, filed this complaint against Florida and various Boards of Governors, trustees, and commissioners of Florida public colleges and universities. Plaintiffs filed suit on August 18, 2022 in the U.S. District Court for the Northern District of Florida, Tallahassee Division, and were represented by the ACLU, ACLU of Florida, NAACP Legal Defense Fund, and a private la…

A group of Florida educators and students, including a constitutional law professor and several professors of race and gender studies, filed this complaint against Florida and various Boards of Governors, trustees, and commissioners of Florida public colleges and universities. Plaintiffs filed suit on August 18, 2022 in the U.S. District Court for the Northern District of Florida, Tallahassee Division, and were represented by the ACLU, ACLU of Florida, NAACP Legal Defense Fund, and a private law firm. The case was assigned to Chief Judge Mark E. Walker.

Plaintiffs challenged HB 7, which prohibited Florida educators and students in public schools from "endorsing" a list of eight banned race and gender concepts in higher education classrooms. The list of concepts contained items related to the legacy of slavery in America, white privilege, and anti-racism, and the Act broadly sought to protect groups that may otherwise be accused of systemic racism. The Act authorized violations to be penalized by withholding state college and university funding. The complaint alleged that HB 7 violated the First Amendment by (1) imposing viewpoint-based speech restrictions and (2) contravening students' right to receive information; (3) violated the Fourteenth Amendment's Due Process Clause by being vague; and (4) violated the Fourteenth Amendment's Equal Protection Clause because it was enacted with the intent to discriminate against Black instructors and students as well as their allies. The plaintiffs also argued that HB 7 disproportionately harmed Black educators and students. They sought a preliminary and permanent injunction, declaratory relief, and costs and attorneys' fees.

On August 24, 2022, the educators and students filed a motion for a preliminary injunction. On September 22, defendants filed their opposition to the preliminary injunction, arguing that there was no irreparable injury. That same day, defendants also filed a motion to dismiss for lack of standing and failure to state viable legal claims.

After additional briefing from all parties and a hearing, Judge Walker decided this case's preliminary injunction, as well as Novoa v. Diaz's preliminary injunction, on November 17, 2022. Novoa challenged HB 7 on similar grounds. The Court granted partial preliminary injunctions in both cases by prohibiting certain defendants from enforcing the Act. However, the Court's partial denial allowed a few institutional defendants, including Boards of Trustees and the Board of Governors' Inspector General, to continue to enforce the Act. 2022 WL 16985720.

Judge Walker decided the motion to dismiss on November 22, 2022, dismissing the Board of Governors and all of the Boards of Trustees, as entities, on the basis of Eleventh Amendment sovereign immunity. However, the Court retained the plaintiffs' claims against individual members of the Board of Governors. Judge Walker also preserved the Equal Protection and First Amendment claims. He concluded that the claims were sufficiently plead rendering them appropriate for a complex, fact-intensive inquiry. The Court also indicated that the First Amendment does apply to professors in classes, that HB 7 impermissibly regulated curriculum, and that Florida lacked a compelling interest in the Act's viewpoint-discrimination. On November 29, 2022, the defendants appealed the preliminary injunction to the 11th Circuit, and subsequently requested on December 5 that the preliminary injunction be stayed during the course of the appeal.

While the appeal was pending, the plaintiffs motioned, unopposed, to amend and correct their complaint on December 2, 2022. Upon approval, they then filed a First Amended Complaint that excluded the Court-dismissed defendants on December 9. The defendants filed an answer to the amended complaint on December 30.

In response to a Florida Executive Memorandum requiring Florida schools to provide information on diversity, equity, inclusion, and critical race theory, the plaintiffs filed a motion on January 11, 2023 to compel defendants to comply with the preliminary injunction. Summarily concluding that the Executive Memorandum did not violate the preliminary injunction, Judge Walker denied the motion on January 12.

On March 16, 2023, the Eleventh Circuit denied the defendants' motion to stay the preliminary injunction. 2023 WL 2543659. As of March 25, 2023, the appeal was still pending before the Eleventh Circuit and the parties were continuing discovery at the District Court. The case is ongoing.

Summary Authors

Sophia Bucci (3/4/2023)

Related Cases

Novoa v. Diaz, Northern District of Florida (2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/64902025/parties/pernell-v-lamb/


Judge(s)

Walker, Mark Eaton (Florida)

Attorney for Defendant

COOPER, CHARLES JUSTIN (Florida)

OCCHIPINTI, ANNA (Florida)

OHLENDORF, JOHN D (Florida)

RAMER, JOHN D (Florida)

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Documents in the Clearinghouse

Document
1

4:22-cv-00304

Verified Complaint

Aug. 18, 2022

Aug. 18, 2022

Complaint
63

4:22-cv-00304

Order Granting in Part and Denying in Part Motions for Preliminary Injunction

Nov. 17, 2022

Nov. 17, 2022

Order/Opinion

641 F.Supp.3d 641

64

4:22-cv-00304

Order on Motion to Dismiss

Nov. 22, 2022

Nov. 22, 2022

Order/Opinion
89

4:22-cv-00304

Order Denying Motion to Compel Compliance with Preliminary Injunction

Jan. 12, 2023

Jan. 12, 2023

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/64902025/pernell-v-lamb/

Last updated March 9, 2024, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AFLNDC-7403642.), filed by Marvin Dunn, Dana Thompson Dorsey, LeRoy Pernell, Russell Almond, SHARON WRIGHT AUSTIN, Johana Dauphin, Shelley Park, Jennifer Sandoval. (Attachments: # 1 Levine Summons, # 2 Edge Summons, # 3 Lamb Summons, # 4 Lydecker Summons, # 5 Mateer Summons, # 6 Jordan Summons, # 7 Haddock Summons, # 8 Silagy Summons, # 9 FAMU BOT Summons, # 10 FIU BOT Summons, # 11 FL BOG Summons, # 12 FSU BOT Summons, # 13 Jones Summons, # 14 Stermon Summons, # 15 Diaz Summons, # 16 Gabadage Summons, # 17 Frost Summons, # 18 Corcoran Summons, # 19 Scott Summons, # 20 Cerio Summons, # 21 UCF BOT Summons, # 22 UF BOT Summons, # 23 USF BOT Summons, # 24 Self Summons) (EDWARDS, JERRY) (Entered: 08/18/2022)

1 Levine Summons

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2 Edge Summons

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3 Lamb Summons

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4 Lydecker Summons

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5 Mateer Summons

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6 Jordan Summons

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7 Haddock Summons

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8 Silagy Summons

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9 FAMU BOT Summons

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10 FIU BOT Summons

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11 FL BOG Summons

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12 FSU BOT Summons

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13 Jones Summons

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14 Stermon Summons

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15 Diaz Summons

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16 Gabadage Summons

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17 Frost Summons

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18 Corcoran Summons

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19 Scott Summons

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20 Cerio Summons

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21 UCF BOT Summons

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22 UF BOT Summons

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23 USF BOT Summons

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24 Self Summons

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Aug. 18, 2022

Aug. 18, 2022

Clearinghouse
2

CIVIL COVER SHEET. (Attachments: # 1 Other Attorneys Attachment) (EDWARDS, JERRY) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
3

DOCKET ANNOTATION BY COURT: TO ATTORNEY JERRY EDWARDS Re 1 Complaint. Party names (including aliases) are to be added using all caps and no punctuation. (See "Style Guide for Electronic Case Filing," available on Clerk's website.) The party names will be corrected by the clerk (rcb) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
4

MOTION to Appear Pro Hac Vice by Laura Moraff.( Filing fee $ 208 receipt number AFLNDC-7403883.) by SHARON WRIGHT AUSTIN, Russell Almond, Johana Dauphin, Marvin Dunn, Shelley Park, LeRoy Pernell, Jennifer Sandoval, Dana Thompson Dorsey. (Attachments: # 1 Certificate of Good Standing) (MORAFF, LAURA) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
5

ORDER ADMITTING LAURA MORAFF PRO HAC VICE. The 4 motion is GRANTED. (Appointed LAURA BETH MORAFF for RUSSELL ALMOND,LAURA BETH MORAFF for SHARON WRIGHT AUSTIN,LAURA BETH MORAFF for DANA THOMPSON DORSEY,LAURA BETH MORAFF for MARVIN DUNN,LAURA BETH MORAFF for SHELLEY PARK,LAURA BETH MORAFF for LEROY PERNELL,LAURA BETH MORAFF for JENNIFER SANDOVAL) Signed by CHIEF JUDGE MARK E WALKER on 08/18/2022. (rcb) (Entered: 08/18/2022)

Aug. 18, 2022

Aug. 18, 2022

PACER
6

MOTION to Appear Pro Hac Vice by Leah Watson.( Filing fee $ 208 receipt number AFLNDC-7407253.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (WATSON, LEAH) (Entered: 08/19/2022)

Aug. 19, 2022

Aug. 19, 2022

PACER
7

ORDER ADMITTING LEAH WATSON PRO HAC VICE. The 6 motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 08/22/2022. (rcb) (Entered: 08/22/2022)

Aug. 22, 2022

Aug. 22, 2022

PACER
8

MOTION to Appear Pro Hac Vice by Sarah Hinger.( Filing fee $ 208 receipt number AFLNDC-7409820.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (HINGER, SARAH) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
9

Summons Issued as to All Defendants. (Attachments: # 1 SUMMONS ISSUED AUBREY EDGE, # 2 SUMMONS ISSUED BRIAN LAMB, # 3 SUMMONS ISSUED CHARLES LYDECKER, # 4 SUMMONS ISSUED CRAIG MATEER, # 5 SUMMONS ISSUED DARLENE L JORDAN, # 6 SUMMONS ISSUED EDWARD HADDOCK, # 7 SUMMONS ISSUED ERIC SILAGY, # 8 SUMMONS ISSUED FAMU BOT, # 9 SUMMONS ISSUED FIU BOT, # 10 SUMMONS ISSUED FL BOARD OF GOV OF THE STATE UNV SYSTEM, # 11 SUMMONS ISSUED FSU BOT, # 12 SUMMONS ISSUED KEN JONES, # 13 SUMMONS ISSUED KENT STERMON, # 14 SUMMONS ISSUED MANNY DIAZ, # 15 SUMMONS ISSUED NIMNA GABADAGE, # 16 SUMMONS ISSUED PATRICIA FROST, # 17 SUMMONS ISSUED RICHARD CORCORAN, # 18 SUMMONS ISSUED STEVEN M SCOTT, # 19 SUMMONS ISSUED TIMOTHY CERIO, # 20 SUMMONS ISSUED UCF BOT, # 21 SUMMONS ISSUED UF BOT, # 22 SUMMONS ISSUED USF BOT, # 23 SUMMONS ISSUED WILLIAM SELF) (rcb) (rcb). Modified on 8/24/2022 (rcb). (Entered: 08/23/2022)

1 SUMMONS ISSUED AUBREY EDGE

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2 SUMMONS ISSUED BRIAN LAMB

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3 SUMMONS ISSUED CHARLES LYDECKER

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4 SUMMONS ISSUED CRAIG MATEER

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5 SUMMONS ISSUED DARLENE L JORDAN

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6 SUMMONS ISSUED EDWARD HADDOCK

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7 SUMMONS ISSUED ERIC SILAGY

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8 SUMMONS ISSUED FAMU BOT

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9 SUMMONS ISSUED FIU BOT

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10 SUMMONS ISSUED FL BOARD OF GOV OF THE STATE UNV SYSTEM

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11 SUMMONS ISSUED FSU BOT

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12 SUMMONS ISSUED KEN JONES

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13 SUMMONS ISSUED KENT STERMON

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14 SUMMONS ISSUED MANNY DIAZ

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15 SUMMONS ISSUED NIMNA GABADAGE

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16 SUMMONS ISSUED PATRICIA FROST

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17 SUMMONS ISSUED RICHARD CORCORAN

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18 SUMMONS ISSUED STEVEN M SCOTT

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19 SUMMONS ISSUED TIMOTHY CERIO

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20 SUMMONS ISSUED UCF BOT

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21 SUMMONS ISSUED UF BOT

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22 SUMMONS ISSUED USF BOT

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23 SUMMONS ISSUED WILLIAM SELF

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Aug. 23, 2022

Aug. 23, 2022

RECAP
10

ORDER ADMITTING SARAH HINGER PRO HAC VICE. The 8 motion is GRANTED. Ms. Hinger has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 08/23/2022. (rcb) (Entered: 08/23/2022)

Aug. 23, 2022

Aug. 23, 2022

PACER
11

Summons Issued as to ALAN LEVINE. (rcb) (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

PACER
12

PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. (EDWARDS, JERRY) Modified to edit title on 8/25/2022 (rcb). (Entered: 08/24/2022)

Aug. 24, 2022

Aug. 24, 2022

RECAP
13

MEMORANDUM OF LAW IN SUPPORT OF PLAINTIFFS' MOTION FOR PRELIMINARY INJUNCTION. (Attachments: # 1 Pernell Declaration, # 2 Thompson Dorsey Declaration, # 3 Austin Declaration, # 4 Park Declaration, # 5 Sandoval Declaration, # 6 Almond Declaration, # 7 Dunn Declaration, # 8 Dauphin Declaration, # 9 Smith Declaration) (EDWARDS, JERRY) Modified to edit title on 8/25/2022 (rcb). (Entered: 08/24/2022)

1 Pernell Declaration

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2 Thompson Dorsey Declaration

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3 Austin Declaration

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4 Park Declaration

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5 Sandoval Declaration

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6 Almond Declaration

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7 Dunn Declaration

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8 Dauphin Declaration

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9 Smith Declaration

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Aug. 24, 2022

Aug. 24, 2022

RECAP
14

ORDER SETTING CONFERENCE SCHEDULE.Plaintiffs shall serve Defendants with a copy of this Order, their Complaint, and their Motion for Preliminary Injunction before the close of business, 5:00 p.m. (ET) on Tuesday, August 30, 2022, so the parties can confer prior to the scheduling conference. The Clerk shall set this matter for a telephonic scheduling conference on Friday,9/2/2022 02:00 PM. Signed by CHIEF JUDGE MARK E WALKER on 08/25/2022. (rcb) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
15

NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 9/2/2022 02:00 PM 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: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
16

MOTION to Appear Pro Hac Vice by Morenike Fajana.( Filing fee $ 208 receipt number AFLNDC-7413589.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (Attachments: # 1 Exhibit A - CGS) (FAJANA, MORENIKE) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
17

ORDER ADMITTING MORENIKE FAJANA PRO HAC VICE. The 16 motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 08/25/2022. (rcb) (Entered: 08/25/2022)

Aug. 25, 2022

Aug. 25, 2022

PACER
18

MOTION to Appear Pro Hac Vice by Emerson Sykes.( Filing fee $ 208 receipt number AFLNDC-7415908.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (Attachments: # 1 Certificate of Good Standing) (SYKES, EMERSON) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
19

ORDER ADMITTING EMERSON SYKES PRO HAC VICE. The 18 motion is GRANTED. Mr. Sykes has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 08/26/2022. (rcb) (Entered: 08/26/2022)

Aug. 26, 2022

Aug. 26, 2022

PACER
20

NOTICE of Appearance by KATHERINE BLANKENSHIP on behalf of All Plaintiffs (BLANKENSHIP, KATHERINE) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
21

MOTION to Appear Pro Hac Vice by Isabella Salomo Nascimento.( Filing fee $ 208 receipt number AFLNDC-7420636.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (SALOMAO NASCIMENTO, ISABELLA) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
22

MOTION to Appear Pro Hac Vice by Jason Leckerman.( Filing fee $ 208 receipt number AFLNDC-7420978.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, LEROY PERNELL, JENNIFER SANDOVAL. (LECKERMAN, JASON) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
23

SUMMONS Returned Executed by MARVIN DUNN, DANA THOMPSON DORSEY, LEROY PERNELL, RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, SHELLEY PARK, JENNIFER SANDOVAL. All Defendants. (Attachments: # 1 Exhibit Return of Service - Fla. Board of Governors, # 2 Exhibit Return of Service - FIU Board of Trustees, # 3 Exhibit Return of Service - FAMU Board of Trustees, # 4 Exhibit Return of Service - FSU Board of Trustees, # 5 Exhibit Return of Service - UCF Board of Trustees, # 6 Exhibit Return of Service - UF Board of Trustees, # 7 Exhibit Return of Service - USF Board of Trustees, # 8 Exhibit Return of Service - Cerio, # 9 Exhibit Return of Service - Corcoran, # 10 Exhibit Return of Service - Diaz, # 11 Exhibit Return of Service - Edge, # 12 Exhibit Return of Service - Frost, # 13 Exhibit Return of Service - Gabadage, # 14 Exhibit Return of Service - Haddock, # 15 Exhibit Return of Service - Jones, # 16 Exhibit Return of Service - Lamb, # 17 Exhibit Return of Service - Levine, # 18 Exhibit Return of Service - Luccio Jordan, # 19 Exhibit Return of Service - Lydecker, # 20 Exhibit Return of Service - Mateer, # 21 Exhibit Return of Service - Scott, # 22 Exhibit Return of Service - Self, # 23 Exhibit Return of Service - Silagy, # 24 Exhibit Return of Service - Stermon) (EDWARDS, JERRY) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
24

NOTICE of Appearance by DANIEL BOAZ TILLEY on behalf of RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL (TILLEY, DANIEL) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
25

ORDER ADMITTING JASON LECKERMAN PRO HAC VICE. The 22 motion is GRANTED. Mr. Leckerman has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 08/30/2022. (rcb) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER
26

ORDER ADMITTING ISABELLA SALOMO NASCIMENTO PRO HAC VICE. The 21 motion is GRANTED. Ms. Nascimento has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 08/30/2022. (rcb) (Entered: 08/30/2022)

Aug. 30, 2022

Aug. 30, 2022

PACER

Set Deadline- Attorney Admissions for Isabella Salomo Nascimento due by 9/13/2022. (rcb)**Attorney Admission Email & Letter forwarded**

Aug. 30, 2022

Aug. 30, 2022

PACER

Set Deadlines- Answer due by 9/15/2022 for FLORIDA BOARD OF GOVERNORS OF THE STATE UNIVERSITY, FLORIDA A&M UNIVERSITY BOARD OF TRUSTEES, FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, UNIVERSITY OF CENTRAL FLORIDA BOARD OF TRUSTEES, TIMOTHY CERIO, RICHARD CORCORAN, MANNYY DIAZ JR, AUBREY EDGE, PATRICIA FROST, NIMMA GABADAGE, EDWARD HADDOCK, KEN JONES, BRIAN LAMB, ALAN LEVINE, DARLENE LUCCIO JORDAN, CHARLES LYDECKER, CRAIG MATEER, STEVEN SCOTT, WILLIAM SELF, ERIC SILAGY & KENT STERMON ******Answer Due by 9/16/2022 for UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES & FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES***** (rcb)

Aug. 31, 2022

Aug. 31, 2022

PACER

Set Deadlines- Answer due by 9/22/2022 for FLORIDA BOARD OF GOVERNORS OF THE STATE UNIVERSITY, FLORIDA A&M UNIVERSITY BOARD OF TRUSTEES, FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, UNIVERSITY OF CENTRAL FLORIDA BOARD OF TRUSTEES, TIMOTHY CERIO, RICHARD CORCORAN, MANNYY DIAZ JR, AUBREY EDGE, PATRICIA FROST, NIMMA GABADAGE, EDWARD HADDOCK, KEN JONES, BRIAN LAMB, ALAN LEVINE, DARLENE LUCCIO JORDAN, CHARLES LYDECKER, CRAIG MATEER, STEVEN SCOTT, WILLIAM SELF, ERIC SILAGY & KENT STERMON ******Answer Due by 9/16/2022 for UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES & FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES***** (rcb) Modified to edit docket text per ECF 39 on 9/19/2022 (rcb).

Aug. 31, 2022

Aug. 31, 2022

PACER
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NOTICE of Appearance by CHARLES JUSTIN COOPER on behalf of All Defendants (COOPER, CHARLES) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

RECAP
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MOTION to Appear Pro Hac Vice by John D. Ohlendorf.( Filing fee $ 208 receipt number AFLNDC-7421874.) by TIMOTHY CERIO, RICHARD CORCORAN, MANNYY DIAZ JR, AUBREY EDGE, FLORIDA A&M UNIVERSITY BOARD OF TRUSTEES, FLORIDA BOARD OF GOVERNORS OF THE STATE UNIVERSITY, FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, PATRICIA FROST, NIMMA GABADAGE, EDWARD HADDOCK, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES LYDECKER, CRAIG MATEER, STEVEN SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, UNIVERSITY OF CENTRAL FLORIDA BOARD OF TRUSTEES, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (OHLENDORF, JOHN) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
29

MOTION to Appear Pro Hac Vice by Megan M. Wold.( Filing fee $ 208 receipt number AFLNDC-7421891.) by TIMOTHY CERIO, RICHARD CORCORAN, MANNYY DIAZ JR, AUBREY EDGE, FLORIDA A&M UNIVERSITY BOARD OF TRUSTEES, FLORIDA BOARD OF GOVERNORS OF THE STATE UNIVERSITY, FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, PATRICIA FROST, NIMMA GABADAGE, EDWARD HADDOCK, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES LYDECKER, CRAIG MATEER, STEVEN SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, UNIVERSITY OF CENTRAL FLORIDA BOARD OF TRUSTEES, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (WOLD, MEGAN) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
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MOTION to Appear Pro Hac Vice by John D. Ramer.( Filing fee $ 208 receipt number AFLNDC-7421900.) by TIMOTHY CERIO, RICHARD CORCORAN, MANNYY DIAZ JR, AUBREY EDGE, FLORIDA A&M UNIVERSITY BOARD OF TRUSTEES, FLORIDA BOARD OF GOVERNORS OF THE STATE UNIVERSITY, FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, PATRICIA FROST, NIMMA GABADAGE, EDWARD HADDOCK, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES LYDECKER, CRAIG MATEER, STEVEN SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, UNIVERSITY OF CENTRAL FLORIDA BOARD OF TRUSTEES, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (RAMER, JOHN) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
31

ORDER ADMITTING MEGAN WOLD PRO HAC VICE. The 29 motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 08/31/2022. (rcb) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
32

ORDER ADMITTING JOHN RAMER PRO HAC VICE. The 30 motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 08/31/2022. (rcb) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
33

ORDER ADMITTING JOHN OHLENDORF PRO HAC VICE. The 28 motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 08/31/2022. (rcb) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
34

INITIAL SCHEDULING ORDER. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 9/14/2022. Rule 26 Meeting Report due by 10/14/2022. Discovery due by 12/29/2022. Status Report due by 9/30/2022. Signed by CHIEF JUDGE MARK E WALKER on 08/31/2022. (rcb) (Entered: 08/31/2022)

Aug. 31, 2022

Aug. 31, 2022

PACER
35

MOTION to Appear Pro Hac Vice by Jacqueline Mabatah.( Filing fee $ 208 receipt number AFLNDC-7424235.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (MABATAH, ISIUWA) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
36

ORDER ADMITTING JACQUELINE MABATAH PRO HAC VICE. The 35 motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 09/01/2022 (rcb) (Entered: 09/01/2022)

Sept. 1, 2022

Sept. 1, 2022

PACER
37

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Scheduling Conference held on 9/2/2022. Parties discuss casestatus and schedule for 12 Motion for Preliminary Injunction hearing. Defendants response to 12 Motion, motion to dismiss/answer and counter witness declarations due 9/22/2022. Plaintiffs Reply to 12 Motion, response to motion dismiss and rebuttal declarations are due 10/4/2022. Defendants reply to motion to dismiss due 10/11/2022. Preliminary injunction hearing set for 9:00 am on 10/13/22. Order to follow (Court Reporter Megan Hague (USDC-Tallahassee)). (vkm) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
38

NOTICE OF HEARING RE: 12 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: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
39

ORDER SETTING HEARING ON 12 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. Defendants' answer or motion to dismiss, response to Plaintiffs' motion, and any declarations in support of their response, are due on or before 9/22/2022. Plaintiffs' response to Defendants motion to dismiss, reply in support of their preliminary injunction motion, and any rebuttal declarations are due on or before 10/4/2022. Finally, Defendants' reply in support of any motion to dismiss is due on or before 10/11/2022. Signed by CHIEF JUDGE MARK E WALKER on 09/02/2022. (rcb) (Entered: 09/02/2022)

Sept. 2, 2022

Sept. 2, 2022

PACER
40

MOTION to Appear Pro Hac Vice by Alexsis M. Johnson.( Filing fee $ 208 receipt number AFLNDC-7427593.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (JOHNSON, ALEXSIS) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
41

ORDER ADMITTING ALEXSIS M. JOHNSON PRO HAC VICE. The 40 motion is GRANTED. Ms. Johnson has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 09/06/2022. (rcb) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
42

MOTION to Appear Pro Hac Vice by Santino Coleman.( Filing fee $ 208 receipt number AFLNDC-7428213.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (COLEMAN, SANTINO) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

PACER
43

ORDER ADMITTING SANTINO COLEMAN PRO HAC VICE. The 42 motion is GRANTED. Mr. Coleman has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 09/06/2022. (rcb) (Entered: 09/06/2022)

Sept. 6, 2022

Sept. 6, 2022

RECAP
44

MOTION to Appear Pro Hac Vice by Jin Hee Lee.( Filing fee $ 208 receipt number AFLNDC-7435154.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (LEE, JIN HEE) (Entered: 09/09/2022)

1 Exhibit A - Certificate of Good Standing

View on PACER

Sept. 9, 2022

Sept. 9, 2022

PACER
45

ORDER ADMITTING JIN HEE LEE PRO HAC VICE. The 44 motion is GRANTED. Ms. Lee has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 09/09/2022. (rcb) (Entered: 09/09/2022)

Sept. 9, 2022

Sept. 9, 2022

PACER
46

ORDER REQUIRING ATTORNEYS TO APPEAR AT TELEPHONIC SCHEDULING CONFERENCE IN RELATED CASE - Given the overlapping issues these two cases present, and that Defendants are represented by the same attorneys in both cases, the attorneys in this case shall appear at the telephonic scheduling conference at 11:00 a.m. (ET) on September 21, 2022, to discuss running the hearing schedules for both cases together. Signed by CHIEF JUDGE MARK E WALKER on 9/16/22. (sjb) (Entered: 09/16/2022)

Sept. 16, 2022

Sept. 16, 2022

RECAP

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)

Sept. 16, 2022

Sept. 16, 2022

PACER
47

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)

Sept. 16, 2022

Sept. 16, 2022

PACER
48

NOTICE of Appearance by CAROLINE ANDREWS MCNAMARA on behalf of All Plaintiffs (MCNAMARA, CAROLINE) (Entered: 09/20/2022)

Sept. 20, 2022

Sept. 20, 2022

RECAP
49

**PLEASE DISREGARD THIS ENTRY***DOCKET ANNOTATION BY COURT: ISO PLACED IN JUDGE WALKER'S REFERRAL FOLDER** (rcb) **ISO DOCKETED ON 08/31/2022** (rcb). (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

PACER
50

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 12 Motion for Preliminary Injunction hearing. Parties will keep the existing schedule for the 12 Motion. Defendants' motion to dismiss (for issues pertaining to 12 Motion) and counter witness declarations due by 9/30/2022. Preliminary Injunction Hearing set for 10/13/2022 09:00 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER (Court Reporter Megan Hague (USDC-Tallahassee)). (vkm) (Entered: 09/21/2022)

Sept. 21, 2022

Sept. 21, 2022

RECAP
51

DEFENDANTS' MOTION TO DISMISS. (Internal deadline for referral to judge if response not filed earlier: 10/6/2022). (Attachments: # 1 Memorandum in Support) (COOPER, CHARLES) Modified to edit title on 9/23/2022 (rcb). (Entered: 09/22/2022)

1 Memorandum in Support

View on RECAP

Sept. 22, 2022

Sept. 22, 2022

PACER
52

DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION FOR A PRELIMINARY INJUNCTION. (COOPER, CHARLES) Modified to edit title on 9/23/2022 (rcb). (Entered: 09/22/2022)

Sept. 22, 2022

Sept. 22, 2022

RECAP
53

STATUS REPORT Joint Status Report on Discovery by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (BLANKENSHIP, KATHERINE) (Entered: 09/30/2022)

Sept. 30, 2022

Sept. 30, 2022

RECAP

Set Deadline- Status Report due by 11/2/2022. (rcb)

Oct. 3, 2022

Oct. 3, 2022

PACER
54

REPLY to Response to Motion re 12 MOTION for Preliminary Injunction filed by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (SYKES, EMERSON) (Entered: 10/04/2022)

Oct. 4, 2022

Oct. 4, 2022

RECAP
55

RESPONSE in Opposition re 51 MOTION to Dismiss for Lack of Jurisdiction filed by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (FAJANA, MORENIKE) (Entered: 10/04/2022)

Oct. 4, 2022

Oct. 4, 2022

RECAP
56

JOINT REPORT OF RULE 26(f) CONFERENCE. (MCNAMARA, CAROLINE) Modified to edit title on 10/12/2022 (rcb). (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

PACER
57

REPLY to Response to Motion re 51 MOTION to Dismiss for Lack of Jurisdiction filed by TIMOTHY CERIO, RICHARD CORCORAN, MANNYY DIAZ JR, AUBREY EDGE, FLORIDA A&M UNIVERSITY BOARD OF TRUSTEES, FLORIDA BOARD OF GOVERNORS OF THE STATE UNIVERSITY, FLORIDA INTERNATIONAL UNIVERSITY BOARD OF TRUSTEES, FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, PATRICIA FROST, NIMMA GABADAGE, EDWARD HADDOCK, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES LYDECKER, CRAIG MATEER, STEVEN SCOTT, WILLIAM SELF, ERIC SILAGY, KENT STERMON, UNIVERSITY OF CENTRAL FLORIDA BOARD OF TRUSTEES, UNIVERSITY OF FLORIDA BOARD OF TRUSTEES, UNIVERSITY OF SOUTH FLORIDA BOARD OF TRUSTEES. (COOPER, CHARLES) (Entered: 10/11/2022)

Oct. 11, 2022

Oct. 11, 2022

RECAP

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: 56 JOINT REPORT OF RULE 26(f) CONFERENCE. (rcb)

Oct. 12, 2022

Oct. 12, 2022

PACER
58

SCHEDULING AND MEDIATION ORDER. Jury Trial set for 9/18/2023 08:15 AM in U.S. Courthouse Tallahassee before CHIEF JUDGE MARK E WALKER. The discovery deadline is extended to 3/31/2023. The deadline for filing summary-judgment motions is 21 days after the discovery deadline, 4/21/2023, but the motions should be filed at the earliest appropriate time. Mediation to take place by 4/28/2023. Mediation Report due by 5/12/2023. Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 10/12/2022. (rcb) (Entered: 10/12/2022)

Oct. 12, 2022

Oct. 12, 2022

PACER
59

Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Motion Hearing held on 10/13/2022. Court hears argument regarding Plaintiffs' 12 Motion for Preliminary Injunction and Defendants' 51 Motion to Dismiss. Order to follow (Court Reporter Megan Hague (USDC-Tallahassee)). (vkm) (Entered: 10/13/2022)

Oct. 13, 2022

Oct. 13, 2022

PACER
60

NOTICE OF FILING OF OFFICIAL TRANSCRIPT of Preliminary Injunction Proceedings 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)

Oct. 14, 2022

Oct. 14, 2022

PACER
61

STATUS REPORT Joint Status Report on Discovery by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (MCNAMARA, CAROLINE) (Entered: 10/28/2022)

Oct. 28, 2022

Oct. 28, 2022

RECAP

Set Deadline- Status Report due by 12/5/2022. (rcb)

Nov. 3, 2022

Nov. 3, 2022

PACER
62

NOTICE of Appearance by JACQUELINE NICOLE AZIS on behalf of All Plaintiffs (AZIS, JACQUELINE) (Entered: 11/14/2022)

Nov. 14, 2022

Nov. 14, 2022

PACER
63

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)

Nov. 17, 2022

Nov. 17, 2022

Clearinghouse
64

ORDER ON 51 MOTION TO DISMISS. Defendants' 51 motion is GRANTED in part and DENIED in part. Plaintiffs' claims against the Florida Board of Governors, as an entity, and the various Boards of Trustees, as entities, are barred by the Eleventh Amendment and, thus, DISMISSED without prejudice. Signed by CHIEF JUDGE MARK E WALKER on 11/22/2022. (rcb) (Entered: 11/22/2022)

Nov. 22, 2022

Nov. 22, 2022

Clearinghouse
65

DEFENDANTS' NOTICE OF APPEAL. ( Filing fee $505 Receipt Number AFLNDC-7578019.) (COOPER, CHARLES) Modified to edit title on 11/30/2022 (rcb). (Entered: 11/29/2022)

Nov. 29, 2022

Nov. 29, 2022

RECAP
66

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 65 Notice of Appeal. (rcb) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

PACER

Set Deadlines re 65 Notice of Appeal. Clerk to check status of Appeal on 2/28/2023. Certificate of Readiness (FRAP 11) due by 12/14/2022. (rcb)

Nov. 30, 2022

Nov. 30, 2022

PACER
67

STATUS REPORT Joint Status Report on Discovery by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (WATSON, LEAH) (Entered: 11/30/2022)

Nov. 30, 2022

Nov. 30, 2022

RECAP

Set Deadline- Status Report due by 1/2/2023. (rcb)

Dec. 1, 2022

Dec. 1, 2022

PACER
68

MOTION to Appear Pro Hac Vice by Lauren A. Johnson.( Filing fee $ 208 receipt number AFLNDC-7581580.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (JOHNSON, LAUREN) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
69

ORDER ADMITTING LAUREN JOHNSON PRO HAC VICE. The 68 motion is GRANTED. Ms. Johnson has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 12/02/2022. (rcb) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
70

MOTION to Amend/Correct Complaint by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (MCNAMARA, CAROLINE) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
71

AMENDED DOCUMENT by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. Amended Complaint. (MCNAMARA, CAROLINE) (Entered: 12/02/2022)

Dec. 2, 2022

Dec. 2, 2022

PACER
72

ORDER FOR EXPEDITED RESPONSE. Defendants shall file an expedited response to this motion setting out whether they oppose the motion, and if so, why, on or before Friday, 12/9/2022. Signed by CHIEF JUDGE MARK E WALKER on 12/05/2022. (rcb) (Entered: 12/05/2022)

Dec. 5, 2022

Dec. 5, 2022

RECAP
73

USCA Acknowledgment #22-13992-J 65 Notice of Appeal (rcb) (Entered: 12/06/2022)

Dec. 5, 2022

Dec. 5, 2022

PACER
74

RESPONSE to Motion re 70 MOTION to Amend/Correct Complaint filed by TIMOTHY CERIO, RICHARD CORCORAN, MANNYY DIAZ JR, AUBREY EDGE, PATRICIA FROST, NIMMA GABADAGE, EDWARD HADDOCK, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES LYDECKER, CRAIG MATEER, DEEANA MICHAEL, STEVEN SCOTT, ERIC SILAGY, KENT STERMON. (COOPER, CHARLES) (Entered: 12/08/2022)

Dec. 8, 2022

Dec. 8, 2022

RECAP
75

ORDER GRANTING 70 LEAVE TO AMEND. Accordingly, Plaintiffs' motion, ECF No. 70, is GRANTED. Plaintiffs shall file their amended complaint as a separate docket entry on or before Monday,12/12/2022. Signed by CHIEF JUDGE MARK E WALKER on 12/08/2022. (rcb) (Entered: 12/09/2022)

Dec. 8, 2022

Dec. 8, 2022

PACER
76

FIRST AMENDED COMPLAINT against TIMOTHY CERIO, RICHARD CORCORAN, MANNYY DIAZ JR, AUBREY EDGE, PATRICIA FROST, NIMMA GABADAGE, EDWARD HADDOCK, KEN JONES, DARLENE LUCCIO JORDAN, BRIAN LAMB, ALAN LEVINE, CHARLES LYDECKER, CRAIG MATEER, DEEANA MICHAEL, STEVEN SCOTT, ERIC SILAGY, KENT STERMON, MORTEZA HOSSEINI, THOMAS G KUNTZ, DAVID L BRANDON, RICHARD P. COLE, CHRISTOPHER T CORR, JAMES W HEAVENER, LAUREN D LEMASTERS, DANIEL T O'KEEFE, RAHUL PATEL, AMANDA J PHALIN, MARSHA D POWERS, FRED S RIDLEY, ANITA G ZUCKER, WILLIAM WEATHERFORD, MICHAEL E GRIFFIN, SANDRA CALLAHAN, MICHAEL CARRERE, N ROGAN DONELLY, OSCAR HORTON, JENIFER JASINSKI SCHNEIDER, LAURAN MONBARREN, NITHIN PALYAM, SHILEN PATEL, FREDRICK PICCOLO, MELISSA SEIXAS, DEAN C COLSON, ROGELIO TOVAR, CESAR L ALVAREZ, JOSE J ARMAS, DEANNE BUTCHEY, CARLOS A DUART, NATASHA LOWELL, CRISTHOFER LUGO, T GENE PRESCOTT, CHANEL T ROWE, MARC D SARNOFF, CARLOS TRUJILLO, KEVIN LAWSON, KIMBERLY MOORE, ANN MARIE CAVAZOS, THOMAS W DORTCH, JR, OTIS CLIATT, II, MICHAEL DUBOSE, KRISTIN HARPER, BELVIN PERRY, JR, CRAIG REED, KENWARD STONE, NICOLE WASHINGTON, ZACHARY CHANDLER BELL, PETER COLLINS, MAXIMO ALVAREZ, KATHRYN BALLARD, ERIC CHICKEN, VIVIAN DE LAS CUEVAS-DIAZ, JORGE GONZALEZ, JUSTIN ROTH, BOB SASSER, JOHN THIEL, DREW WEATHERFORD, JIM W HENDERSON, DEBORAH SARGEANT, ALEX MARTINS, HAROLD MILLS, TIFFANY ALTIZER, BILL CHRISTY, JEFF CONDELLO, JOSEPH CONTE, DANNY GAEKWAD, STEPHEN KING, DANIELLA LOPEZ, CARYL MCALPIN, JOHN MIKLOS, MICHAEL OKATY, BEVERLY J SEAY, filed by MARVIN DUNN, DANA THOMPSON DORSEY, LEROY PERNELL, RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, SHELLEY PARK, JENNIFER SANDOVAL. (SYKES, EMERSON) (Entered: 12/09/2022)

Dec. 9, 2022

Dec. 9, 2022

RECAP
77

Pursuant to F.R.A.P. 11(c), #22-13992-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: 65 Notice of Appeal, Appeal No. 22-13992-J. The entire record on appeal is available electronically. (rcb) (Entered: 12/12/2022)

Dec. 12, 2022

Dec. 12, 2022

PACER
78

ELEVENTH CIRCUIT TRANSCRIPT ORDER FORM (OHLENDORF, JOHN) Modified to edit title on 12/14/2022 (rcb). (Entered: 12/13/2022)

Dec. 13, 2022

Dec. 13, 2022

RECAP
79

ORDER of USCA #22-13992-J as to 65 Notice of Appeal. Your Application to Appear Pro Hac Vice in this appeal has been GRANTED. (rcb) (Entered: 12/15/2022)

Dec. 15, 2022

Dec. 15, 2022

RECAP
80

MOTION FOR LEAVE TO APPEAR PRO HAC VICE (LUBIN, CATHARINE) Modified to edit docket text and to modify the event type to a motion from notice to appearance on 12/22/2022 (rcb). (Entered: 12/21/2022)

Dec. 21, 2022

Dec. 21, 2022

PACER
81

ORDER ADMITTING CATHARINE LUBIN PRO HAC VICE. The 80 motion is GRANTED. Ms. Lubin has fulfilled the requirements of the Local Rules for admission and is admitted pro hac vice as counsel for Plaintiffs. Signed by CHIEF JUDGE MARK E WALKER on 12/22/2022. (rcb) (Entered: 12/22/2022)

Dec. 22, 2022

Dec. 22, 2022

PACER
82

ANSWER to 76 Amended Complaint,,,,,, by TIFFANY ALTIZER, CESAR L ALVAREZ, MAXIMO ALVAREZ, JOSE J ARMAS, KATHRYN BALLARD, ZACHARY CHANDLER BELL, DAVID L BRANDON, DEANNE BUTCHEY, SANDRA CALLAHAN, MICHAEL CARRERE, ANN MARIE CAVAZOS, TIMOTHY CERIO, ERIC CHICKEN, BILL CHRISTY, OTIS CLIATT, II, RICHARD P. COLE, PETER COLLINS, DEAN C COLSON, JEFF CONDELLO, JOSEPH CONTE, RICHARD CORCORAN, CHRISTOPHER T CORR, VIVIAN DE LAS CUEVAS-DIAZ, MANNYY DIAZ JR, N ROGAN DONELLY, THOMAS W DORTCH, JR, CARLOS A DUART, MICHAEL DUBOSE, AUBREY EDGE, PATRICIA FROST, NIMMA GABADAGE, DANNY GAEKWAD, JORGE GONZALEZ, MICHAEL E GRIFFIN, EDWARD HADDOCK, KRISTIN HARPER, JAMES W HEAVENER, JIM W HENDERSON, OSCAR HORTON, MORTEZA HOSSEINI, KEN JONES, DARLENE LUCCIO JORDAN, STEPHEN KING, THOMAS G KUNTZ, BRIAN LAMB, KEVIN LAWSON, LAUREN D LEMASTERS, ALAN LEVINE, DANIELLA LOPEZ, NATASHA LOWELL, CRISTHOFER LUGO, CHARLES LYDECKER, ALEX MARTINS, CRAIG MATEER, CARYL MCALPIN, DEEANA MICHAEL, JOHN MIKLOS, HAROLD MILLS, LAURAN MONBARREN, KIMBERLY MOORE, DANIEL T O'KEEFE, MICHAEL OKATY, NITHIN PALYAM, RAHUL PATEL, SHILEN PATEL, BELVIN PERRY, JR, AMANDA J PHALIN, FREDRICK PICCOLO, MARSHA D POWERS, T GENE PRESCOTT, CRAIG REED, FRED S RIDLEY, JUSTIN ROTH, CHANEL T ROWE, DEBORAH SARGEANT, MARC D SARNOFF, BOB SASSER, JENIFER JASINSKI SCHNEIDER, STEVEN SCOTT, BEVERLY J SEAY, MELISSA SEIXAS, ERIC SILAGY, KENT STERMON, KENWARD STONE, JOHN THIEL, ROGELIO TOVAR, CARLOS TRUJILLO, NICOLE WASHINGTON, DREW WEATHERFORD, WILLIAM WEATHERFORD, ANITA G ZUCKER. (COOPER, CHARLES) (Entered: 12/30/2022)

Dec. 30, 2022

Dec. 30, 2022

PACER
83

STATUS REPORT by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (BLANKENSHIP, KATHERINE) (Entered: 12/30/2022)

Dec. 30, 2022

Dec. 30, 2022

PACER

Set Deadline - Status Report due by 1/30/2023. (amm)

Dec. 30, 2022

Dec. 30, 2022

PACER
84

MOTION to Appear Pro Hac Vice by Anna Occhipinti.( Filing fee $ 208 receipt number AFLNDC-7626768.) by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (Attachments: # 1 Exhibit A - Certificate of Good Standing) (OCCHIPINTI, ANNA) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
85

ORDER ADMITTING ANNA OCCHIPINTI PRO HAC VICE. Granting 84 MOTION to Appear Pro Hac Vice by Anna Occhipinti. Attorney ANNA OCCHIPINTI for RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL, DEBORAH SARGEANT added. Signed by CHIEF JUDGE MARK E WALKER on 1/6/23. (pll) (Entered: 01/06/2023)

Jan. 6, 2023

Jan. 6, 2023

PACER
86

MOTION to Compel COMPLIANCE WITH PRELIMINARY INJUNCTION by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (Attachments: # 1 Exhibit 1) (HINGER, SARAH) (Entered: 01/11/2023)

1 Exhibit 1

View on PACER

Jan. 11, 2023

Jan. 11, 2023

RECAP
87

ORDER FOR EXPEDITED RESPONSE. Pending before this Court is Plaintiffs' motion to compel compliance with this Court's preliminary injunction. ECF No. 86 . Defendants shall file an expedited response on or before 5:00 PM (ET) on Thursday, 1/12/2023. Signed by CHIEF JUDGE MARK E WALKER on 1/11/2023. (kjw) (Entered: 01/11/2023)

Jan. 11, 2023

Jan. 11, 2023

PACER
88

DEFENDANTS' RESPONSE IN OPPOSITION TO PLAINTIFFS' MOTION TO COMPEL. (COOPER, CHARLES) Modified to edit title on 1/13/2023 (rcb). (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

RECAP
89

ORDER DENYING 86 MOTION TO COMPEL COMPLIANCE WITH PRELIMINARY INJUNCTION. Signed by CHIEF JUDGE MARK E WALKER on 1/12/2023. (vkm) (Entered: 01/12/2023)

Jan. 12, 2023

Jan. 12, 2023

Clearinghouse
90

STATUS REPORT Supplemental Joint Status Report on Discovery by RUSSELL ALMOND, SHARON WRIGHT AUSTIN, JOHANA DAUPHIN, DANA THOMPSON DORSEY, MARVIN DUNN, SHELLEY PARK, LEROY PERNELL, JENNIFER SANDOVAL. (BLANKENSHIP, KATHERINE) (Entered: 01/13/2023)

Jan. 13, 2023

Jan. 13, 2023

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Speech and Religious Freedom

Education

Key Dates

Filing Date: Aug. 18, 2022

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A group of educators and students at Florida public schools

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NAACP Legal Defense Fund

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Board of Governors of the State University System, State

Florida Commissioner of Education, State

University of Florida Board of Trustees, State

University of South Florida Board of Trustees, State

Florida International University Board of Trustees, State

Florida A&M University Board of Trustees, State

Florida State University Board of Trustees, State

University of Central Florida Board of Trustees, State

Defendant Type(s):

Jurisdiction-wide

College/University

Facility Type(s):

Government-run

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Issues

Discrimination Area:

Disparate Impact

Affected Race(s):

American Indian/Alaskan Native

Asian/Pacific Islander

Black

Race, unspecified

Affected Sex/Gender(s):

Female