1
|
COMPLAINT for Declaratory and Injunctive Relief against Flagler County School District (Filing fee $ 402 receipt number BFLMDC-18783805) filed by Reba Johnson. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit A (Due Process Complaint), # 3 Exhibit B (IDEA Mediation Agreement))(Golembiewski, Kevin) (Entered: 10/05/2021)
1 Civil Cover Sheet
View on PACER
2 Exhibit A (Due Process Complaint)
View on PACER
3 Exhibit B (IDEA Mediation Agreement)
View on PACER
|
Oct. 5, 2021
|
Oct. 5, 2021
Clearinghouse
|
2
|
NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Patricia D. Barksdale. New case number: 3:21-cv-0995-MMH-PDB. (SJB) (Entered: 10/05/2021)
|
Oct. 5, 2021
|
Oct. 5, 2021
PACER
|
|
Case Assigned/Reassigned
|
Oct. 5, 2021
|
Oct. 5, 2021
PACER
|
3
|
NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) (Entered: 10/06/2021)
|
Oct. 6, 2021
|
Oct. 6, 2021
PACER
|
|
Notice to Counsel of Local Rule
|
Oct. 6, 2021
|
Oct. 6, 2021
PACER
|
4
|
PROPOSED summons to be issued by Reba Johnson. (Golembiewski, Kevin) (Entered: 10/09/2021)
|
Oct. 9, 2021
|
Oct. 9, 2021
PACER
|
5
|
SUMMONS issued as to Flagler County School District. (BGR) (Entered: 10/12/2021)
|
Oct. 12, 2021
|
Oct. 12, 2021
PACER
|
6
|
Emergency MOTION for Preliminary Injunction by Reba Johnson. (Attachments: # 1 Supplement Memorandum of Law, # 2 Text of Proposed Order Proposed Order, # 3 Exhibit A - Johnson Declaration, # 4 Exhibit B - Reiter Declaration, # 5 Exhibit C - Mediation Agreement)(Golembiewski, Kevin) (Entered: 10/13/2021)
1 Supplement Memorandum of Law
View on Clearinghouse
2 Text of Proposed Order Proposed Order
View on PACER
3 Exhibit A - Johnson Declaration
View on PACER
4 Exhibit B - Reiter Declaration
View on PACER
5 Exhibit C - Mediation Agreement
View on PACER
|
Oct. 13, 2021
|
Oct. 13, 2021
Clearinghouse
|
7
|
ORDER taking under advisement 6 Motion for Preliminary Injunction and directing Plaintiff to promptly effect service of process on Defendant. See Order for details. Signed by Judge Marcia Morales Howard on 10/13/2021. (MHM) (Entered: 10/13/2021)
|
Oct. 13, 2021
|
Oct. 13, 2021
PACER
|
8
|
WAIVER of service returned executed on 10/11/2021 by Reba Johnson as to Flagler County School District. (Golembiewski, Kevin) (Entered: 10/13/2021)
|
Oct. 13, 2021
|
Oct. 13, 2021
PACER
|
9
|
NOTICE of compliance re 7 Order on Motion for Preliminary Injunction by Reba Johnson (Attachments: # 1 Exhibit A - Defendant Consent to Service by Email)(Golembiewski, Kevin) (Entered: 10/13/2021)
|
Oct. 13, 2021
|
Oct. 13, 2021
PACER
|
10
|
ORDERED: This matter is set for a hearing on 6 Plaintiff's Motion for Preliminary Injunction on Tuesday, November 2, 2021, at 2:00 p.m., before the undersigned. See Order for details and briefing schedule. Signed by Judge Marcia Morales Howard on 10/14/2021. (MHM) (Entered: 10/14/2021)
|
Oct. 14, 2021
|
Oct. 14, 2021
PACER
|
11
|
NOTICE of compliance re 10 Order Plaintiff has Served Order on Defendant by Reba Johnson (Golembiewski, Kevin) (Entered: 10/14/2021)
|
Oct. 14, 2021
|
Oct. 14, 2021
PACER
|
12
|
MOTION to Dismiss Complaint for Declaratory and Injunctive Relief and Memorandum in Opposition to the Motion for Preliminary Injunction by Flagler County School District. (Augspurger, Lisa) (Modified on 10/22/2021, to edit text) (BGR). (Entered: 10/21/2021)
|
Oct. 21, 2021
|
Oct. 21, 2021
PACER
|
13
|
AFFIDAVIT of Dr. Martha von Mering re: 12 MOTION to Dismiss Complaint by Flagler County School District. (Augspurger, Lisa) (Modified on 10/22/2021, counsel notified to redact personal identifiers and refile doc) (BGR). (Entered: 10/21/2021)
|
Oct. 21, 2021
|
Oct. 21, 2021
PACER
|
14
|
ORDER directing counsel to confer in good faith and, by October 26, 2021, jointly notify the Court whether both sides would like to proceed expeditiously to a settlement conference before a United States Magistrate Judge to try to resolve the dispute. If the answer is yes, counsel must provide weekdays between October 28 and November 12 when counsel and the parties are available. Signed by Magistrate Judge Patricia D. Barksdale on October 22, 2021. (ASL) (Entered: 10/22/2021)
|
Oct. 22, 2021
|
Oct. 22, 2021
PACER
|
15
|
REPLY in Support re 6 Emergency MOTION for Preliminary Injunction filed by Reba Johnson. (Attachments: # 1 Exhibit A - Roman Declaration, # 2 Exhibit B - Clerk Email, # 3 Exhibit C - Ruiz Declaration, # 4 Exhibit D - Reiter Declaration, # 5 Exhibit E - ESY Report)(Golembiewski, Kevin) (Modified on 10/26/2021, to edit text) (BGR). (Entered: 10/26/2021)
1 Exhibit A - Roman Declaration
View on PACER
2 Exhibit B - Clerk Email
View on PACER
3 Exhibit C - Ruiz Declaration
View on PACER
4 Exhibit D - Reiter Declaration
View on PACER
5 Exhibit E - ESY Report
View on PACER
|
Oct. 26, 2021
|
Oct. 26, 2021
Clearinghouse
|
16
|
NOTICE by Reba Johnson re 14 Order Parties conferred and do not agree to an expedited settlement conference (Golembiewski, Kevin) (Entered: 10/26/2021)
|
Oct. 26, 2021
|
Oct. 26, 2021
PACER
|
17
|
NOTICE of Correction re 15 Reply to Response to Motion by Reba Johnson (Golembiewski, Kevin) (Modified on 11/1/2021, to edit text) (BGR). (Entered: 10/29/2021)
|
Oct. 29, 2021
|
Oct. 29, 2021
PACER
|
18
|
Minute Entry. In Person Proceedings held before Judge Marcia Morales Howard: PRELIMINARY INJUNCTION HEARING held on 11/2/2021; denying 12 Defendant's Motion to Dismiss. Answer due by 1:00 p.m. on November 5, 2021. A final pretrial conference is set for December 6, 2021, at 4:00 p.m. Joint pretrial stipulation due November 30, 2021. The parties shall hold December 15-17, 2021 for trial. Court Reporter: Cindy Packevicz Jarriel (JW) (Entered: 11/04/2021)
|
Nov. 2, 2021
|
Nov. 2, 2021
PACER
|
19
|
TRANSCRIPT of Preliminary Injunction Hearing held on November 2, 2021 before Judge Marcia Morales Howard. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 903-301-6843; cindyrprfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 11/26/2021 Redacted Transcript Deadline set for 12/6/2021 Release of Transcript Restriction set for 2/3/2022. (CLP) (BGR). (Modified on 11/5/2021, corrected transcript pdf attached) (BGR). (Entered: 11/05/2021)
|
Nov. 5, 2021
|
Nov. 5, 2021
PACER
|
20
|
NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. cindyrprfcrr@gmail.com (CLP) (Entered: 11/05/2021)
|
Nov. 5, 2021
|
Nov. 5, 2021
PACER
|
21
|
Defendant's ANSWER and affirmative defenses to 1 Complaint for Declaratory and Injunctive Relief by Flagler County School District.(Augspurger, Lisa) (Entered: 11/05/2021)
|
Nov. 5, 2021
|
Nov. 5, 2021
PACER
|
|
Transcript
|
Nov. 5, 2021
|
Nov. 5, 2021
PACER
|
|
Notice to counsel of filing of official transcript
|
Nov. 5, 2021
|
Nov. 5, 2021
PACER
|
22
|
JOINT MOTION for Entry of Consent Decree and Order and Supporting Memorandum of Law by Reba Johnson. (Attachments: # 1 Appendix Consent Decree)(Golembiewski, Kevin) (Modified on 11/23/2021, to edit text) (BGR). (Entered: 11/23/2021)
1 Appendix Consent Decree
View on RECAP
|
Nov. 23, 2021
|
Nov. 23, 2021
Clearinghouse
|
23
|
Joint MOTION to Continue Pre-Trial and Trial Deadlines Pending Resolution of the Parties' Motion for Entry of Consent Decree (Doc. 22) by Reba Johnson. (Golembiewski, Kevin) (Entered: 12/01/2021)
|
Dec. 1, 2021
|
Dec. 1, 2021
PACER
|
24
|
ENDORSED ORDER granting 23 Joint Motion for Continuance of Pre-Trial and Trial Deadlines Pending Resolution of the Parties' Motion for Entry of Consent Decree. The final pretrial conference set for December 6, 2021, at 4:00 p.m. and the trial set for December 15, 2021 are cancelled and will be reset upon further order of the Court, if necessary. Signed by Judge Marcia Morales Howard on 12/2/2021. (JW) (Entered: 12/02/2021)
|
Dec. 2, 2021
|
Dec. 2, 2021
PACER
|
|
Order on Motion to Continue
|
Dec. 2, 2021
|
Dec. 2, 2021
PACER
|
25
|
ORDER granting 22 Joint Motion for Entry of Consent Decree. The Court will enter the revised Consent Decree forthwith. First weekly status update due December 13, 2021. First joint report due February 4, 2022. See Order for details. Signed by Judge Marcia Morales Howard on 12/6/2021. (MHM) (Entered: 12/06/2021)
|
Dec. 6, 2021
|
Dec. 6, 2021
Clearinghouse
|
26
|
CONSENT DECREE. Signed by Judge Marcia Morales Howard on 12/6/2021. (MHM) (Entered: 12/06/2021)
|
Dec. 6, 2021
|
Dec. 6, 2021
Clearinghouse
|
27
|
STATUS report by Flagler County School District. (Augspurger, Lisa) (Entered: 12/13/2021)
|
Dec. 13, 2021
|
Dec. 13, 2021
PACER
|
28
|
SECOND STATUS Report by Flagler County School District. (Augspurger, Lisa) (Modified on 12/20/2021, to edit text) (BGR). (Entered: 12/20/2021)
|
Dec. 20, 2021
|
Dec. 20, 2021
PACER
|
29
|
MOTION for Attorney Fees and Supporting Memorandum of Law by Reba Johnson. (Golembiewski, Kevin) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 12/20/2021)
|
Dec. 20, 2021
|
Dec. 20, 2021
Clearinghouse
|
30
|
ENDORSED ORDER directing the defendant to respond to 29 the plaintiff's motion for attorney's fees, including to explain whether the defendant's opposition concerns entitlement, estimated amount, or both. The defendant must respond by January 31, 2022. Signed by Magistrate Judge Patricia D. Barksdale on 1/18/2022. (VNG) (Entered: 01/18/2022)
|
Jan. 18, 2022
|
Jan. 18, 2022
PACER
|
|
Order directing response to motion
|
Jan. 18, 2022
|
Jan. 18, 2022
PACER
|
31
|
RESPONSE to Motion re 29 MOTION for Attorney Fees and Supporting Memorandum of Law filed by Flagler County School District. (Augspurger, Lisa) (Entered: 01/31/2022)
|
Jan. 31, 2022
|
Jan. 31, 2022
PACER
|
32
|
MOTION for Leave to File a Reply in Support of Motion on Entitlement by Reba Johnson. (Golembiewski, Kevin) (Modified on 2/4/2022, to edit text) (BGR). (Entered: 02/03/2022)
|
Feb. 3, 2022
|
Feb. 3, 2022
PACER
|
33
|
SUPPLEMENT re 32 MOTION for Leave to File Other Document :Reply in Support of Motion on Entitlement Local Rule 3.01(g)(3) Supplement - Defendant Does Not Oppose Motion for Leave by Reba Johnson. (Golembiewski, Kevin) (Entered: 02/04/2022)
|
Feb. 4, 2022
|
Feb. 4, 2022
PACER
|
34
|
JOINT STATUS Report by Reba Johnson. (Golembiewski, Kevin) (Modified on 2/7/2022, to edit text) (BGR). (Entered: 02/04/2022)
|
Feb. 4, 2022
|
Feb. 4, 2022
PACER
|
35
|
ORDER granting 32 the motion for leave to reply. The plaintiff may file a reply by February 22, 2022. Signed by Magistrate Judge Patricia D. Barksdale on 2/7/2022. (VNG) (Entered: 02/07/2022)
|
Feb. 7, 2022
|
Feb. 7, 2022
PACER
|
36
|
REPLY to Response to Motion re 29 MOTION for Attorney Fees and Supporting Memorandum of Law filed by Reba Johnson. (Golembiewski, Kevin) (Entered: 02/14/2022)
|
Feb. 14, 2022
|
Feb. 14, 2022
PACER
|
37
|
JOINT Status Report by Flagler County School District. (Augspurger, Lisa) (Modified on 4/6/2022, to edit text) (BGR). (Entered: 04/05/2022)
|
April 5, 2022
|
April 5, 2022
PACER
|
38
|
STATUS report on Noncompliance with Consent Decree by Reba Johnson. (Golembiewski, Kevin) (Entered: 04/19/2022)
|
April 19, 2022
|
April 19, 2022
PACER
|
39
|
REPORT AND RECOMMENDATION on 29 the motion for attorney's fees recommending (1) granting in part and denying in part Ms. Johnson's motion requesting a determination she is entitled to an award of reasonable attorney's fees and ex penses; (2) determining that Ms. Johnson is entitled to an award of reasonable attorney's fees incurred in prosecuting this action and costs under 28 U.S.C. § 1920 but not to an award of expenses outside of §§ 1821 and 1920; (3) d irecting the parties to confer in good faith on reasonable attorney's fees incurred in prosecuting this action and § 1920 costs and notify the Court after 30 days whether they have agreed on an amount or whether issues remain and, if issues remain, directing the undersigned to conduct a telephone conference to discuss the issues and ways to resolve them speedily and efficiently and, if necessary, establish a briefing schedule; and (4) waiting to enter judgment on attorney's fees and costs until after an agreement or decision on reasonable amounts. Signed by Magistrate Judge Patricia D. Barksdale on 5/12/2022. (Attachments: # 1 20 U.S.C. § 1415)(VNG)
|
May 12, 2022
|
May 12, 2022
RECAP
|
40
|
MOTION for Extension of Time to File Response/Reply as to 39 REPORT AND RECOMMENDATIONS re 29 MOTION for Attorney Fees and Supporting Memorandum of Law filed by Reba Johnson. by Flagler County School District. (Augspurger, Lisa) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 05/26/2022)
|
May 26, 2022
|
May 26, 2022
PACER
|
41
|
ENDORSED ORDER granting 40 the unopposed motion for an extension of time. The deadline to serve and file specific written objections to any proposed finding or recommendation is extended to June 2, 2022. For future motions, counsel is reminded that Local Rule 3.01(g)(2) requires the certification of good-faith conferral to be set apart under the heading "Local Rule 3.01(g) Certification." Signed by Magistrate Judge Patricia D. Barksdale on 5/26/2022. (VNG) (Entered: 05/26/2022)
|
May 26, 2022
|
May 26, 2022
PACER
|
|
Order on Motion for Extension of Time to File Response / Reply
|
May 26, 2022
|
May 26, 2022
PACER
|
42
|
RESPONSE and Written Objections re 39 REPORT AND RECOMMENDATIONS re 29 MOTION for Attorney Fees and Supporting Memorandum of Law filed by Reba Johnson. filed by Flagler County School District. (Augspurger, Lisa) (Modified on 6/3/2022, to edit text) (BGR). (AET). Modified on 8/1/2022 to redact and replace PDF per chambers (AET). (Entered: 06/02/2022)
|
June 2, 2022
|
June 2, 2022
PACER
|
43
|
THIRD Joint Status Report by Reba Johnson. (Golembiewski, Kevin) (Modified on 6/6/2022, to edit text) (BGR). (Entered: 06/06/2022)
|
June 6, 2022
|
June 6, 2022
PACER
|
44
|
ENDORSED ORDER regarding 43 Third Joint Status Report. The parties shall have up to and including August 19, 2022, to file another status report. Signed by Judge Marcia Morales Howard on 6/8/2022. (JW) (Entered: 06/08/2022)
|
June 8, 2022
|
June 8, 2022
PACER
|
|
Order
|
June 8, 2022
|
June 8, 2022
PACER
|
45
|
RESPONSE to objections to 39 Report and Recommendations filed by Reba Johnson. (Golembiewski, Kevin) (Entered: 06/13/2022)
|
June 13, 2022
|
June 13, 2022
PACER
|
46
|
ORDER overruling 42 Defendant's Response and Written Objections; adopting 39 Report and Recommendation; granting, in part, and denying, in part, 29 Plaintiff's Motion on Entitlement to Attorney's Fees and Expenses. The parties are directed to confer and file a notice no later than September 2, 2022. Signed by Judge Marcia Morales Howard on 8/1/2022. (JW)
|
Aug. 1, 2022
|
Aug. 1, 2022
Clearinghouse
|
47
|
JOINT MOTION for Extension of Time to File Fourth Status Report by Flagler County School District. (Augspurger, Lisa) Motions referred to Magistrate Judge Patricia D. Barksdale. Modified on 8/23/2022 to edit text (AET). (Entered: 08/19/2022)
|
Aug. 19, 2022
|
Aug. 19, 2022
PACER
|
48
|
ENDORSED ORDER granting 47 the joint motion for an extension of time. The parties must file a status report by September 2, 2022. Signed by Magistrate Judge Patricia D. Barksdale on 8/19/2022. (VNG) (Entered: 08/19/2022)
|
Aug. 19, 2022
|
Aug. 19, 2022
PACER
|
|
Order on Motion for Extension of Time to File
|
Aug. 19, 2022
|
Aug. 19, 2022
PACER
|
49
|
FOURTH JOINT STATUS report on Consent Decree by Reba Johnson. (Golembiewski, Kevin) Modified on 9/8/2022 to edit text (AET). (Entered: 09/02/2022)
|
Sept. 2, 2022
|
Sept. 2, 2022
PACER
|
50
|
JOINT MOTION for Extension of Time to File Response to the Court as to Item 4 of Court's 8.1.22 Order (Doc. 46) by Flagler County School District. (Augspurger, Lisa) Motions referred to Magistrate Judge Patricia D. Barksdale. Modified on 9/8/2022 to edit text (AET). (Entered: 09/02/2022)
|
Sept. 2, 2022
|
Sept. 2, 2022
PACER
|
51
|
ENDORSED ORDER granting 50 the joint motion for an extension of time. By September 16, 2022, the parties must notify the Court whether they agree on an amount of reasonable attorney's fees and costs or whether issues remain. Signed by Magistrate Judge Patricia D. Barksdale on 9/12/2022. (VNG) (Entered: 09/12/2022)
|
Sept. 12, 2022
|
Sept. 12, 2022
PACER
|
|
Order on Motion for Extension of Time to File
|
Sept. 12, 2022
|
Sept. 12, 2022
PACER
|
52
|
NOTICE re Attorney's Fees and Costs by Reba Johnson. (Golembiewski, Kevin) Modified on 9/19/2022 to edit text (AET). (Entered: 09/16/2022)
|
Sept. 16, 2022
|
Sept. 16, 2022
Clearinghouse
|
53
|
NOTICE of Satisfaction of the 26 Consent Decree by Reba Johnson (Golembiewski, Kevin) Modified on 11/2/2022 to create docket entry relationship (AET). (Entered: 10/31/2022)
|
Oct. 31, 2022
|
Oct. 31, 2022
RECAP
|