Case: National Association of the Deaf v. Florida

1:18-cv-21232 | U.S. District Court for the Southern District of Florida

Filed Date: April 3, 2018

Closed Date: Dec. 10, 2021

Clearinghouse coding complete

Case Summary

On April 3, 2018, the National Association of the Deaf and a private plaintiff filed this lawsuit in United States District Court for the Southern District of Florida. The plaintiffs sued the State of Florida; its Senate and the Senate President; the House of Representatives (the House) and the House Speaker; and the Florida State University Board of Trustees (FSU) and the president of Florida State University under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Re…

On April 3, 2018, the National Association of the Deaf and a private plaintiff filed this lawsuit in United States District Court for the Southern District of Florida. The plaintiffs sued the State of Florida; its Senate and the Senate President; the House of Representatives (the House) and the House Speaker; and the Florida State University Board of Trustees (FSU) and the president of Florida State University under Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act. Represented by private counsel, the plaintiffs sought declaratory and injunctive relief, as well as damages. The case was assigned to Judge Ursula Ungaro and Magistrate Judge John J. O'Sullivan. 

When the case was filed, the Florida Senate and House of Representatives provided live streams of legislative proceedings. FSU also broadcasted the proceedings. According to the complaint, all of the defendants failed to provide captions for the proceedings, which have a direct effect on the citizens of the state of Florida. The private plaintiff alleged that he was unable to consume the content of the legislative proceedings because he is deaf and the proceedings lacked captions, which prevented him from being fully informed about governmental issues. The individual plaintiff had made a request to the Florida Senate and House to provide captions for the proceedings, but had not received a response. The individual plaintiff then filed a complaint against the defendants with the Federal Communications Commission (FCC) pursuant to the 21st Century Communications and Video Accessibility Act (CVAA). This FCC complaint was dismissed after the defendants, through The Florida Channel (TFC), asserted that TFC provided a 24-hour television programming feed that was captioned, meaning that televised legislative proceedings were captioned. TFC also live streamed the legislative proceedings without closed captions. 

The plaintiffs claimed that the defendants violated Title VII of the ADA. The plaintiffs alleged that the defendants had intentionally discriminated against them by failing to provide auxiliary aids and services for their content in a format accessible to individuals who were deaf or hard of hearing and who required services in order to comprehend such content. Next, the plaintiffs claimed that the defendants violated Section 504 of the Rehabilitation Act. Under the Rehabilitation Act, a state waives sovereign immunity if it accepts federal funds. The plaintiffs alleged that, because the defendants were recipients of federal funds, they had waived sovereign immunity and were subject to Section 504, which prohibits discrimination against qualified individuals in the recipient's programs or activities. 

On April 27, 2018, the Florida Senate, the Senate President, the House, and the House Speaker (collectively, the "legislative defendants") moved to dismiss the complaint for lack of jurisdiction, lodging a number of arguments. The legislative defendants argued that sovereign immunity barred the claims against the House and the Senate. Asserting that there was no constitutional right to information about the government, they argued the Title II claim was barred because the uncaptioned content did not implicate a constitutional right and therefore the plaintiffs could not overcome sovereign immunity. The legislative defendants also argued that the Rehabilitation Act claim was barred by sovereign immunity, asserting that they had not received federal funds since 1999 and therefore were not subject to Section 504. Next, the legislative defendants argued that the claims for damages and injunctive relief against the House Speaker and Senate President in their official capacities were barred by sovereign immunity because the plaintiffs’ proposed injunctive relief was not required under the ADA. 

On April 30, 2018, FSU, the President of FSU, and the State of Florida moved to dismiss the complaint for failure to state a claim. They first argued that the State was not a proper party defendant, asserting that Florida was not one single, homogenous entity and should not be responsible for the actions of its many individual governmental subdivisions. Since FSU was able to be sued, the State argued that it was unnecessary to also name Florida since the proper state subdivision was identified. Next, they argued that sovereign immunity and the Eleventh Amendment barred the plaintiffs’ claim for damages. The defendants asserted that Florida had not waived its sovereign immunity and the suit was not subject to Congress abrogating that immunity through passage of Title II because there was no constitutional right to information about the government. According to the defendants, the Eleventh Amendment barred the plaintiffs' damages claim against the President of FSU. 

Turning to the factual allegations in the complaint, the defendants argued that the plaintiffs had failed to state a claim for discrimination under the ADA or Rehabilitation Act. The defendants argued that TFC—which was available to Florida Public Broadcasting Service member stations; cable systems; and public, educational and government access channels throughout Florida—provided the same content with closed captions that the plaintiffs requested the defendants provide. The defendants argued that this meant the plaintiffs were not denied meaningful access. Finally, the plaintiffs' claim for damages under the ADA and the Rehabilitation Act must be dismissed since the plaintiffs had not alleged facts sufficient to show that any discrimination was intentional or in bad faith. 

On June 18, 2018, the court denied both motions to dismiss. The court first held that the fundamental right to participate in the democratic process was implicated. The court agreed with the plaintiffs that the information they sought captions for was necessary in order to participate in the democratic process. Next, the court held that the abrogation of sovereign immunity was appropriate because Congress enacted Title II in response to “pervasive discrimination by state governments against the hearing impaired” and other people with disabilities. The court then found that Title II’s accessibility requirement was proportional and congruent to its objective of enforcing the rights of people with disabilities and that adding captions to legislative videos would remove a barrier to accessing a service already provided to those who were not hearing impaired. Therefore, the court held that Congress had properly abrogated Florida's sovereign immunity through Title II. The court also held that even if sovereign immunity barred the claims against the State defendants, it did not bar the claims against the individual defendants because, under Ex parte Young, the Eleventh Amendment does not bar suits against state officers where the plaintiff seeks injunctive relief. Next, the court declined to dismiss the Rehabilitation Act claim, opting not to consider an extrinsic declaration of a legislative service employee that provided the only evidence that the Florida legislature had not received federal funds since 1999. The court quickly dispensed with the defendants’ argument that the State was not a monolithic entity and therefore not a proper party, saying the argument was without merit. Finally, the court found that the plaintiffs had properly alleged exclusion from participating in a public entity's services or activities since a person without hearing could only watch those legislative proceedings TFC opted to broadcast. 318 F.Supp.3d 1338. 

On June 28, 2018, the defendants appealed the district court's decision. The district court stayed the case pending resolution of the appeal the following day. On May 15, 2019, the Court of Appeals for the Eleventh Circuit heard oral arguments. 

On January 3, 2020, the Eleventh Circuit affirmed the lower court's decision. First, the appellate court affirmed the district court’s conclusion that the right to participate in the democratic process constituted a fundamental right. The panel held that (1) Congress validly abrogated Eleventh Amendment immunity through Title II, (2) the history of disability discrimination justified Congress’s enactment of the ADA, and (3) Title II provided an appropriately limited response to remedy the history of discrimination. Next, the panel affirmed the district court’s holding that this case fell under the doctrine of Ex parte Young and therefore the plaintiffs could seek declaratory and injunctive relief against state officials. Turning to the factual dispute over the applicability of the Rehabilitation Act, the Eleventh Circuit held that the district court did not abuse its discretion in ordering discovery on the funding issue before resolving the question of sovereign immunity. 945 F.3d 1339. On January 24, 2020, the defendants filed a petition for rehearing en banc. 

On November 10, 2020, the appellate court vacated its previous opinion and issued a new opinion, once again affirming the district court's decision. In the superseding opinion, the court held that the defendants' sovereign immunity was properly abrogated even if no fundamental right was implicated and declined to reach the question of whether the ability to participate in the democratic process constituted a fundamental right. The court pointed to its holding in Ass'n for Disabled Americans, Inc. v. Florida International University that Title II validly abrogated sovereign immunity where the right to education was at stake—a right not subject to heightened scrutiny. The Eleventh Circuit found it “implausible that Congress could validly abrogate sovereign immunity to protect the right of students with disabilities to get an education but could not do the same to directly enable those students to participate in the democratic process." 980 F.3d 763. On December 1, 2020, the defendants filed a petition for rehearing en banc. The court denied the petition on January 11, 2021. 

On February 4, 2021, the parties filed a joint motion to lift the stay in response to the resolution of the defendants' appeal and the court lifted the stay on March 2, 2021. On April 20, 2021, the court referred the case to mediation. Then, on June 2, 2021, the case was reassigned to Judge William P. Dimitrouleas upon the retirement of Judge Ungaro. 

On November 30, 2021, the parties filed a notice of settlement with the court, but the terms of the settlement were not disclosed. On December 10, 2021, the parties stipulated to dismissal and the court dismissed the case with prejudice the same day. 

This case is closed.

Summary Authors

Rhea Sharma (4/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6354387/parties/national-association-of-the-deaf-v-state-of-florida/


Attorney for Plaintiff

Charmatz, Marc P. (Florida)

Cunningham, Juan Courtney (Florida)

Dinin, Scott Richard (Florida)

Attorney for Defendant

Bowden, Albert J. (Florida)

Goldberg, Martin B. (Florida)

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Documents in the Clearinghouse

Document
1

1:18-cv-21232

Complaint

April 3, 2018

April 3, 2018

Complaint

1:18-cv-21232

Order

June 18, 2018

June 18, 2018

Order/Opinion

318 F.Supp.3d 318

18-12786

Opinion

U.S. Court of Appeals for the Eleventh Circuit

Jan. 3, 2020

Jan. 3, 2020

Order/Opinion

945 F.3d 945

18-12786

Opinion

U.S. Court of Appeals for the Eleventh Circuit

Nov. 10, 2020

Nov. 10, 2020

Order/Opinion

980 F.3d 980

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6354387/national-association-of-the-deaf-v-state-of-florida/

Last updated April 6, 2024, 3:16 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Injunctive and Declaratory Relief against All Defendants. Filing fees $ 400.00. Pay.gov Agency Tracking ID 113C-10534861, payment transferred from : 18cv21227, filed by National Association of the Deaf. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Summon(s), # 7 Summon(s), # 8 Summon(s), # 9 Summon(s), # 10 Exhibit, # 11 Exhibit)(Cunningham, Juan) Modified text on 4/5/2018 (bb). (Entered: 04/03/2018)

1 Civil Cover Sheet

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2 Summon(s)

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3 Summon(s)

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4 Summon(s)

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5 Summon(s)

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6 Summon(s)

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7 Summon(s)

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8 Summon(s)

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9 Summon(s)

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10 Exhibit

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11 Exhibit

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April 3, 2018

April 3, 2018

Clearinghouse
2

Summons Issued as to Richard Corcoran, Florida House of Representatives, Florida Senate, Florida State University Board of Trustees, Joe Negron, State of Florida, John Thrasher. (ail) (Entered: 04/03/2018)

April 3, 2018

April 3, 2018

PACER
3

Clerks Notice of Judge Assignment to Judge Ursula Ungaro. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge John J. O'Sullivan is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ail) (Entered: 04/04/2018)

April 3, 2018

April 3, 2018

PACER
4

NOTICE of Attorney Appearance by Scott Richard Dinin on behalf of National Association of the Deaf, Eddie I Sierra (Dinin, Scott) (Entered: 04/05/2018)

April 5, 2018

April 5, 2018

PACER
5

ORDER TO SHOW CAUSE. Show Cause Response due by 4/19/2018. Signed by Judge Ursula Ungaro on 4/12/2018. (kpe) (Entered: 04/12/2018)

April 12, 2018

April 12, 2018

PACER
6

NOTICE of Attorney Appearance by Albert J. Bowden, III on behalf of Florida State University Board of Trustees. Attorney Albert J. Bowden, III added to party Florida State University Board of Trustees(pty:dft). (Bowden, Albert) (Entered: 04/13/2018)

April 13, 2018

April 13, 2018

PACER
7

SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline by National Association of the Deaf. Richard Corcoran served on 4/6/2018, answer due 4/27/2018; Florida House of Representatives served on 4/6/2018, answer due 4/27/2018; Florida Senate served on 4/6/2018, answer due 4/27/2018; Florida State University Board of Trustees served on 4/9/2018, answer due 4/30/2018; Joe Negron served on 4/6/2018, answer due 4/27/2018; State of Florida served on 4/9/2018, answer due 4/30/2018; John Thrasher served on 4/9/2018, answer due 4/30/2018. (Attachments: # 1 Exhibit)(Cunningham, Juan) (Entered: 04/16/2018)

April 16, 2018

April 16, 2018

PACER
8

ORDER SETTING INITIAL PLANNING AND SCHEDULING CONFERENCE, ( Joint Planning and Scheduling Report due by 5/25/2018, Initial Planing and Scheduling Conference set for 6/8/2018 09:30 AM in Miami Division before Judge Ursula Ungaro.) Signed by Judge Ursula Ungaro on 4/18/2018. (kpe) (Entered: 04/19/2018)

April 19, 2018

April 19, 2018

PACER
9

Unopposed Motion for Extension of Time to File Response/Reply/Answer as to 1 Complaint by Richard Corcoran, Florida House of Representatives, Florida Senate, Joe Negron. Attorney Lorelei Jane Van Wey added to party Richard Corcoran(pty:dft), Attorney Lorelei Jane Van Wey added to party Florida House of Representatives(pty:dft), Attorney Lorelei Jane Van Wey added to party Florida Senate(pty:dft), Attorney Lorelei Jane Van Wey added to party Joe Negron(pty:dft). Responses due by 5/8/2018 (Attachments: # 1 Text of Proposed Order)(Van Wey, Lorelei) Modified Relief on 4/25/2018 (ls). (Entered: 04/24/2018)

April 24, 2018

April 24, 2018

PACER
10

Clerks Notice to Filer re 9 Unopposed MOTION for Extension of Time to Respond to Complaint re 1 Complaint,. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
11

Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by Florida State University Board of Trustees, State of Florida, John Thrasher. Attorney Albert J. Bowden, III added to party State of Florida(pty:dft), Attorney Albert J. Bowden, III added to party John Thrasher(pty:dft). (Attachments: # 1 Text of Proposed Order)(Bowden, Albert) (Entered: 04/25/2018)

April 25, 2018

April 25, 2018

PACER
12

ORDER denying 9 Motion for Extension of Time to Respond to Complaint ; denying 11 Motion for Extend of Time to Respond to Complaint. Signed by Judge Ursula Ungaro on 4/26/2018. (kpe) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
13

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Marc Charmatz. Filing Fee $ 75.00 Receipt # 113C-10605134 by National Association of the Deaf. Responses due by 5/10/2018 (Cunningham, Juan) (Entered: 04/26/2018)

April 26, 2018

April 26, 2018

PACER
14

MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, by Richard Corcoran, Florida House of Representatives, Florida Senate, Joe Negron. Attorney Jonathan Lentine Williams added to party Richard Corcoran(pty:dft), Attorney Jonathan Lentine Williams added to party Florida House of Representatives(pty:dft), Attorney Jonathan Lentine Williams added to party Florida Senate(pty:dft), Attorney Jonathan Lentine Williams added to party Joe Negron(pty:dft). Responses due by 5/11/2018 (Attachments: # 1 Affidavit Lisa Swindle)(Williams, Jonathan) (Entered: 04/27/2018)

April 27, 2018

April 27, 2018

PACER
15

ORDER granting 13 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Marc P. Charmatz. Signed by Judge Ursula Ungaro on 4/27/2018. (kpe) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
16

MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM by Florida State University Board of Trustees, State of Florida, John Thrasher. Responses due by 5/14/2018 (Bowden, Albert) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
17

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael Stein. Filing Fee $ 75.00 Receipt # 113C-10613396 by National Association of the Deaf. Responses due by 5/14/2018 (Cunningham, Juan) (Entered: 04/30/2018)

April 30, 2018

April 30, 2018

PACER
18

ORDER granting 17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Michael Steven Stein, Esq.. Signed by Judge Ursula Ungaro on 5/1/2018. (kpe) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
19

NOTICE by Richard Corcoran, Florida House of Representatives, Florida Senate, Joe Negron OF CONSTITUTIONAL QUESTION (Williams, Jonathan) (Entered: 05/01/2018)

May 1, 2018

May 1, 2018

PACER
20

ORDER of Certified Constitutional Question to the Attorney General re 19 Legislative Defendants Notice of Constitutional Question. Signed by Judge Ursula Ungaro on 5/1/2018. (kpe) (Entered: 05/02/2018)

May 1, 2018

May 1, 2018

PACER
21

NOTICE of Attorney Appearance by Martin B. Goldberg on behalf of Richard Corcoran, Florida House of Representatives, Florida Senate, Joe Negron. Attorney Martin B. Goldberg added to party Richard Corcoran(pty:dft), Attorney Martin B. Goldberg added to party Florida House of Representatives(pty:dft), Attorney Martin B. Goldberg added to party Florida Senate(pty:dft), Attorney Martin B. Goldberg added to party Joe Negron(pty:dft). (Goldberg, Martin) (Entered: 05/02/2018)

May 2, 2018

May 2, 2018

PACER
22

RESPONSE in Opposition re 14 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, filed by National Association of the Deaf. Replies due by 5/18/2018. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Cunningham, Juan) (Entered: 05/11/2018)

May 11, 2018

May 11, 2018

PACER
23

RESPONSE in Opposition re 16 MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM filed by National Association of the Deaf. Replies due by 5/21/2018. (Cunningham, Juan) (Entered: 05/14/2018)

May 14, 2018

May 14, 2018

PACER
24

REPLY to Response to Motion re 14 MOTION to Dismiss for Lack of Jurisdiction 1 Complaint, filed by Richard Corcoran, Florida House of Representatives, Florida Senate, Joe Negron. (Williams, Jonathan) (Entered: 05/18/2018)

May 18, 2018

May 18, 2018

PACER
25

Joint SCHEDULING REPORT - Rule 26(f) by Richard Corcoran, Florida House of Representatives, Florida Senate, Joe Negron (Van Wey, Lorelei) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
26

Unopposed MOTION to Continue Initial Planning and Scheduling Conference re 8 Order,, Set/Reset Deadlines/Hearings, by Richard Corcoran, Florida House of Representatives, Florida Senate, Joe Negron. Responses due by 6/8/2018 (Attachments: # 1 Text of Proposed Order)(Williams, Jonathan) (Entered: 05/25/2018)

May 25, 2018

May 25, 2018

PACER
27

ORDER granting 26 Motion to Continue Initial Planning and Scheduling Conference. Initial Planning and Scheduling Conference set for 6/22/2018 09:30 AM before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 5/29/2018. (kpe) (Entered: 05/30/2018)

May 29, 2018

May 29, 2018

PACER
28

ORDER denying 14 Motion to Dismiss 1 Complaint for Lack of Jurisdiction; denying 16 Motion to Dismiss 1 Complaint for Failure to State a Claim. Answer due 6/29/2018; Cancelling Initial Planning and Scheduling Conference. Signed by Judge Ursula Ungaro on 6/18/2018. (ls) (Entered: 06/18/2018)

June 18, 2018

June 18, 2018

PACER

Set/Reset Deadlines

June 18, 2018

June 18, 2018

PACER

Reset Answer Due Deadline: Richard Corcoran response due 6/29/2018; Florida House of Representatives response due 6/29/2018; Florida Senate response due 6/29/2018; Florida State University Board of Trustees response due 6/29/2018; Joe Negron response due 6/29/2018; State of Florida response due 6/29/2018; John Thrasher response due 6/29/2018. (ls)(per DE # 28 )

June 18, 2018

June 18, 2018

PACER
29

NOTICE by Richard Corcoran, Florida House of Representatives, Florida Senate, Joe Negron re 28 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim, Notice of Appeal (Williams, Jonathan) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

June 28, 2018

June 28, 2018

PACER
30

Clerks Notice to Filer re 29 Notice (Other),. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de# 31]. It is not necessary to refile this document. (hh) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
31

Notice of Appeal as to 28 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim, by Richard Corcoran, Florida House of Representatives, Florida Senate, Joe Negron. Filing fee $ 505.00 Receipt#: FEE NOT PAID. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (see image de# 29 ) (hh) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER

Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 31 Notice of Appeal,, Notice has been electronically mailed. (hh)

June 28, 2018

June 28, 2018

PACER
32

NOTICE of Attorney Appearance by Edward Mark Wenger on behalf of Florida State University Board of Trustees, State of Florida, John Thrasher. Attorney Edward Mark Wenger added to party Florida State University Board of Trustees(pty:dft), Attorney Edward Mark Wenger added to party State of Florida(pty:dft), Attorney Edward Mark Wenger added to party John Thrasher(pty:dft). (Wenger, Edward) (Entered: 06/28/2018)

June 28, 2018

June 28, 2018

PACER
33

Clerks Notice of Receipt of Appeal Filing Fee received on 6/29/2018 in the amount of $ 505.00, receipt number FLS100168020. (vt) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER

Transmission of Notice of Appeal and Docket Sheet to USCA

June 29, 2018

June 29, 2018

PACER
34

ORDER STAYING CASE. This case is CLOSED for administrative purposes pending the interlocutory appeal. All deadlines and hearings are CANCELLED, to be reinstated, as appropriate, upon conclusion of the appeal. Signed by Judge Ursula Ungaro on 6/29/2018. (kpe) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER
35

Notice of Interlocutory Appeal as to 28 Order on Motion to Dismiss/Lack of Jurisdiction,, Order on Motion to Dismiss for Failure to State a Claim, by State of Florida. Filing fee $ 505.00 receipt number 113C-10777583. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: # 1 Order Denying Motion to Dismiss)(Wenger, Edward) (Entered: 06/29/2018)

June 29, 2018

June 29, 2018

PACER

Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re 35 Notice of Interlocutory Appeal, Notice has been electronically mailed. (apz)

June 29, 2018

June 29, 2018

PACER
36

TRANSCRIPT INFORMATION FORM by Richard Corcoran, Florida House of Representatives, Florida Senate, Joe Negron re 31 Notice of Appeal,,. No Transcript Requested. (Williams, Jonathan) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
37

Acknowledgment of Receipt of NOA from USCA re 35 Notice of Interlocutory Appeal, filed by State of Florida. Date received by USCA: 6/29/2018. USCA Case Number: 18-12786-AA. (apz) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
38

Acknowledgment of Receipt of NOA from USCA re 31 Notice of Appeal,, filed by Joe Negron, Florida Senate, Richard Corcoran, Florida House of Representatives. Date received by USCA: 6/29/2018. USCA Case Number: 18-12786-AA. (apz) (Entered: 07/03/2018)

July 3, 2018

July 3, 2018

PACER
39

TRANSCRIPT INFORMATION FORM by Florida State University Board of Trustees, State of Florida, John Thrasher re 35 Notice of Interlocutory Appeal,,. No Transcript Requested. (Wenger, Edward) (Entered: 07/05/2018)

July 5, 2018

July 5, 2018

PACER
40

Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: 35 Notice of Interlocutory Appeal, 31 Notice of Appeal, Appeal No. 18-12786-AA. The entire record on appeal is available electronically. (apz) (Entered: 09/17/2018)

Sept. 17, 2018

Sept. 17, 2018

PACER
41

NOTICE/Motion to Withdraw as Attorney by National Association of the Deaf, Eddie I. Sierra Withdrawal as Counsel (Dinin, Scott) Modified on 8/13/2019 (kpe). (Entered: 08/12/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
42

Clerks Notice to Filer re 41 Notice (Other). Wrong Event Selected - Document is a Motion; ERROR - The Filer selected the wrong event. A motion event must always be selected when filing a motion. The correction was made by the Clerk. It is not necessary to refile this document. (kpe) (Entered: 08/13/2019)

Aug. 12, 2019

Aug. 12, 2019

PACER
43

MOTION to Withdraw as Attorney by Albert Bowden for / by Florida State University Board of Trustees, State of Florida, John Thrasher. Responses due by 12/26/2019 (Bowden, Albert) (Entered: 12/11/2019)

Dec. 11, 2019

Dec. 11, 2019

PACER
44

ORDER granting 43 Motion to Withdraw. Albert J. Bowden, III withdrawn from case. Signed by Judge Ursula Ungaro on 12/16/2019. See attached document for full details. (kpe) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
45

NOTICE of Attorney Appearance by Blaine H Winship on behalf of Florida State University Board of Trustees, State of Florida, John Thrasher. Attorney Blaine H Winship added to party Florida State University Board of Trustees(pty:dft), Attorney Blaine H Winship added to party State of Florida(pty:dft), Attorney Blaine H Winship added to party John Thrasher(pty:dft). (Winship, Blaine) (Entered: 01/09/2020)

Jan. 9, 2020

Jan. 9, 2020

PACER
46

Unopposed MOTION to Withdraw as Attorney by Martin B. Goldberg and Lorelei J. Van Wey for / by Florida House of Representatives, Florida Senate. Responses due by 11/25/2020 (Attachments: # 1 Text of Proposed Order)(Goldberg, Martin) (Entered: 11/11/2020)

Nov. 11, 2020

Nov. 11, 2020

PACER
47

ORDER granting 46 Unopposed Motion to Withdraw. Signed by Judge Ursula Ungaro on 11/12/2020. See attached document for full details. (kpe) (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
48

VACATED ORDER To File An Answer. Signed by Judge Ursula Ungaro on 11/12/2020. See attached document for full details. (kpe) Modified on 12/8/2020 per DE 54 Order (kpe). (Entered: 11/12/2020)

Nov. 12, 2020

Nov. 12, 2020

PACER
49

NOTICE of Change of Address, Email or Law Firm Name by Jonathan Lentine Williams (Williams, Jonathan) (Entered: 11/13/2020)

Nov. 13, 2020

Nov. 13, 2020

PACER
50

NOTICE by Chris Sprowls, Wilton Simpson of Automatic Substitution of the Senate President and Speaker of the House. Attorney Jonathan Lentine Williams added to party Chris Sprowls(pty:dft), Attorney Jonathan Lentine Williams added to party Wilton Simpson(pty:dft). (Williams, Jonathan) (Entered: 12/02/2020)

Dec. 2, 2020

Dec. 2, 2020

PACER
51

Joint EXPEDITED MOTION Vacate November 12, 2020 Order re 48 Order to Answer by Florida House of Representatives, Florida Senate, Wilton Simpson, Chris Sprowls. (Attachments: # 1 En Banc Petition, # 2 Text of Proposed Order)(Williams, Jonathan) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
52

RESPONSE in Opposition re 51 Joint EXPEDITED MOTION Vacate November 12, 2020 Order re 48 Order to Answer filed by National Association of the Deaf, Eddie I. Sierra. Replies due by 12/10/2020. (Cunningham, Juan) (Entered: 12/03/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
53

REPLY to Response to Motion re 51 Joint EXPEDITED MOTION Vacate November 12, 2020 Order re 48 Order to Answer filed by Florida House of Representatives, Florida Senate, Wilton Simpson, Chris Sprowls. (Attachments: # 1 Selected en banc briefing memoranda, # 2 Selected en banc orders)(Williams, Jonathan) (Entered: 12/04/2020)

Dec. 3, 2020

Dec. 3, 2020

PACER
54

ORDER granting 51 Expedited Motion to Vacate the November 12, 2020 Order. The case remains closed. Signed by Judge Ursula Ungaro on 12/8/2020. See attached document for full details. (kpe) (Entered: 12/08/2020)

Dec. 8, 2020

Dec. 8, 2020

PACER
55

MANDATE of USCA, AFFIRMING judgment/order of the district court. Bill of Costs are hereby taxed in the amount of $ 93.00 against Appellants and are payable directly to Appellees as to 35 Notice of Interlocutory Appeal, filed by State of Florida, 31 Notice of Appeal, filed by Joe Negron, Florida Senate, Richard Corcoran, Florida House of Representatives ; Date Issued: 1/19/21 ; USCA Case Number: 18-12786-AA (hh) (FILED IN ERROR) Text Modified on 1/19/2021 (hh). (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

PACER
56

MANDATE of USCA, AFFIRMING judgment/order of the district court. Bill of Costs are hereby taxed in the amount of $ 93.00 against Appellants and are payable directly to Appellees as to 35 Notice of Interlocutory Appeal, filed by State of Florida, 31 Notice of Appeal, filed by Joe Negron, Florida Senate, Richard Corcoran, Florida House of Representatives ; Date Issued: 1/19/21 ; USCA Case Number: 18-12786-AA (hh) (Entered: 01/19/2021)

Jan. 19, 2021

Jan. 19, 2021

RECAP
57

Joint MOTION LIFT STAY AND SET ANSWER DEADLINE re 34 Order Staying Case, by Florida House of Representatives, Florida Senate, Florida State University Board of Trustees, Joe Negron, Wilton Simpson, Chris Sprowls, State of Florida, John Thrasher. (Attachments: # 1 Text of Proposed Order)(Williams, Jonathan) (Entered: 02/04/2021)

1 Text of Proposed Order

View on RECAP

Feb. 4, 2021

Feb. 4, 2021

RECAP
58

ANSWER and Affirmative Defenses to Complaint by Florida House of Representatives, Florida Senate, Wilton Simpson, Chris Sprowls. (Williams, Jonathan) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

RECAP
59

ANSWER to Complaint by Florida State University Board of Trustees, State of Florida, John Thrasher. (Winship, Blaine) (Entered: 02/26/2021)

Feb. 26, 2021

Feb. 26, 2021

RECAP
60

ORDER Lifting Stay and Reopening Case. Order granting 57 Joint Motion to Lift Stay and Set Answer Deadline. Signed by Judge Ursula Ungaro on 3/2/2021. See attached document for full details. (kpe) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

RECAP
61

ORDER Requiring Status Report, ( Status Report due by 3/16/2021.) Signed by Judge Ursula Ungaro on 3/2/2021. See attached document for full details. (kpe) (Entered: 03/02/2021)

March 2, 2021

March 2, 2021

RECAP
62

STATUS REPORT ON BEHALF OF ALL PARTIES by Florida House of Representatives, Florida Senate, Wilton Simpson, Chris Sprowls (Williams, Jonathan) (Entered: 03/16/2021)

March 16, 2021

March 16, 2021

RECAP
63

SCHEDULING ORDER FOR PRETRIAL CONFERENCE AND TRIAL: Amended Pleadings due by 5/21/2021. Discovery due by 9/15/2021. Expert Discovery due by 9/15/2021. Fact Discovery due by 9/15/2021. Joinder of Parties due by 5/21/2021. Dispositive Motions due by 10/15/2021. Motions due by 10/15/2021. Pretrial Stipulation due by 10/29/2021. Jury Trial set for 12/20/2021 09:00 AM before Judge Ursula Ungaro. Calendar Call set for 12/15/2021 01:00 PM before Judge Ursula Ungaro. Pretrial Conference set for 11/19/2021 11:30 AM in Miami Division before Judge Ursula Ungaro. Signed by Judge Ursula Ungaro on 4/20/2021. See attached document for full details. (ebz) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
64

ORDER OF REFERRAL TO MEDIATION. Signed by Judge Ursula Ungaro on 4/20/2021. See attached document for full details. (ebz) (Entered: 04/20/2021)

April 20, 2021

April 20, 2021

PACER
65

STATUS REPORT Re Expert Discovery Plan by Florida House of Representatives, Florida Senate, Wilton Simpson, Chris Sprowls (Williams, Jonathan) (Entered: 05/20/2021)

May 20, 2021

May 20, 2021

PACER
66

CLERKS NOTICE REASSIGNING CASE pursuant to Administrative Order 2021-52. Case reassigned to Judge William P. Dimitrouleas for all further proceedings. Judge Ursula Ungaro no longer assigned to case. (jmd) (Entered: 06/02/2021)

June 2, 2021

June 2, 2021

PACER

~Util - Terminate Hearings AND Order Reassigning/Transferring Case

June 2, 2021

June 2, 2021

PACER

Order Reassigning/Transferring Case AND ~Util - Terminate Hearings

June 2, 2021

June 2, 2021

PACER
67

ORDER RE-SETTING TRIAL DATE & DISCOVERY DEADLINES, REFERRING CASE TO MEDIATION & REFERRING DISCOVERY MOTIONS TO UNITED STATES MAGISTRATE JUDGE (Jury Trial set for 1/10/2022 in Fort Lauderdale Division before Judge William P. Dimitrouleas., Calendar Call set for 1/7/2022 10:00 AM in Fort Lauderdale Division before Judge William P. Dimitrouleas), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge William P. Dimitrouleas on 6/3/2021. See attached document for full details. (ebz) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 06/04/2021)

June 3, 2021

June 3, 2021

PACER
68

ORDER Scheduling Mediation before John M. Barkett. Mediation Hearing set for 7/6/2021 09:30 AM. Signed by Judge William P. Dimitrouleas on 6/7/2021. See attached document for full details. (jas) (Entered: 06/07/2021)

June 7, 2021

June 7, 2021

PACER
69

Unopposed MOTION to Continue RESET TRIAL DATE DUE TO ITS CONFLICT WITH 2022 LEGISLATIVE SESSION re 67 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, by Florida House of Representatives, Florida Senate, Wilton Simpson, Chris Sprowls. Responses due by 6/29/2021 (Attachments: # 1 Exhibit Declaration of Jeremiah M. Hawkes, # 2 Exhibit Order, # 3 Exhibit Order, # 4 Text of Proposed Order)(Williams, Jonathan) (Entered: 06/15/2021)

June 15, 2021

June 15, 2021

PACER
70

ORDER GRANTING LEGISLATIVE DEFENDANTS' UNOPPOSED MOTION TO RESET TRIAL DATE DUE TO ITS CONFLICT WITH THE 2022 LEGISLATIVE SESSION re 69 Motion to Continue. Calendar Call set for 4/22/2022 10:00 AM before Judge William P. Dimitrouleas. Jury Trial set for 4/25/2022 before Judge William P. Dimitrouleas. Signed by Judge William P. Dimitrouleas on 6/15/2021. See attached document for full details. (ebz) (Entered: 06/16/2021)

June 15, 2021

June 15, 2021

PACER
71

RESPONSE to Motion re 69 Unopposed MOTION to Continue RESET TRIAL DATE DUE TO ITS CONFLICT WITH 2022 LEGISLATIVE SESSION re 67 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, filed by National Association of the Deaf. Replies due by 6/25/2021. (Attachments: # 1 Affidavit)(Cunningham, Juan) (Entered: 06/18/2021)

1 Affidavit

View on PACER

June 18, 2021

June 18, 2021

RECAP
72

Joint MOTION for Extension of Time of Discovery Cutoff Deadline, Joint MOTION for Extension of Time TO FILE SUBSTANTIVE PRETRIAL MOTIONS re 67 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, ( Responses due by 8/25/2021) by Florida House of Representatives, Florida Senate, Wilton Simpson, Chris Sprowls. (Attachments: # 1 Text of Proposed Order)(Williams, Jonathan) (Entered: 08/11/2021)

1 Text of Proposed Order

View on PACER

Aug. 11, 2021

Aug. 11, 2021

RECAP
73

PAPERLESS ORDER granting 72 Joint Motion to Extend Deadlines ( Discovery deadline is November 12, 2021; Dispositive motion deadline is December 10, 2021.) Signed by Judge William P. Dimitrouleas on 8/11/2021. (mkz) (Entered: 08/11/2021)

Aug. 11, 2021

Aug. 11, 2021

PACER

Order on Motion for Extension of Time AND Order on Motion for Extension of Time of Discovery Cutoff Deadline

Aug. 11, 2021

Aug. 11, 2021

PACER
74

NOTICE of Settlement by Florida House of Representatives, Florida Senate, Wilton Simpson, Chris Sprowls (Williams, Jonathan) (Entered: 11/30/2021)

Nov. 30, 2021

Nov. 30, 2021

RECAP
75

STIPULATION of Dismissal with Prejudice by Florida House of Representatives, Florida Senate, Wilton Simpson, Chris Sprowls (Williams, Jonathan) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

RECAP
76

FINAL ORDER OF DISMISSAL WITH PREJUDICE. The Clerk is DIRECTED to CLOSE this case and DENY AS MOOT any pending motions. Signed by Judge William P. Dimitrouleas on 12/10/2021. See attached document for full details. (ebz) (Entered: 12/10/2021)

Dec. 10, 2021

Dec. 10, 2021

PACER

Case Details

State / Territory: Florida

Case Type(s):

Disability Rights

Key Dates

Filing Date: April 3, 2018

Closing Date: Dec. 10, 2021

Case Ongoing: No

Plaintiffs

Plaintiff Description:

National Association of the Deaf and a private plaintiff who is deaf

Plaintiff Type(s):

Private Plaintiff

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida, State

Florida State University Board of Trustees, State

Defendant Type(s):

Jurisdiction-wide

College/University

Case Details

Causes of Action:

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Section 504 (Rehabilitation Act), 29 U.S.C. § 701

Available Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Unknown

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

General/Misc.:

Access to public accommodations - governmental

Government services

TTY/Close Captioning/Videophone/etc.

Disability and Disability Rights:

Hearing impairment

Reasonable Accommodations

Discrimination Basis:

Disability (inc. reasonable accommodations)