Case: Ambrose v. St. Johns County School District

3:22-cv-00392 | U.S. District Court for the Middle District of Florida

Filed Date: April 7, 2022

Closed Date: May 25, 2023

Clearinghouse coding complete

Case Summary

This is a case about a protection and advocacy (P&A) agency’s representation of a student plaintiff seeking a modification of a school district’s transportation policy. On April 7, 2022, Disability Rights Florida (FL) filed this lawsuit on behalf of a disabled student in the U.S. District Court for the Middle District of Florida. Plaintiff alleged that the St. Johns County School District violated Title II of the ADA and Section 504 when it refused to modify its transportation policy of not pro…

This is a case about a protection and advocacy (P&A) agency’s representation of a student plaintiff seeking a modification of a school district’s transportation policy.

On April 7, 2022, Disability Rights Florida (FL) filed this lawsuit on behalf of a disabled student in the U.S. District Court for the Middle District of Florida. Plaintiff alleged that the St. Johns County School District violated Title II of the ADA and Section 504 when it refused to modify its transportation policy of not providing school-bus transportation to families who live less than two miles from their school. Judge Marcia Morales Howard presided over this matter.

This lawsuit began after a student with a disability was refused a modification of the district’s transportation policy for families living less than two miles from school, even though the student lived 1.9 miles from school. On May 27, 2022, the defendant filed a motion to dismiss or a motion for judgment on the pleadings. On March 27, 2023, the court denied the motion and directed the parties to enter settlement negotiations.

On May 12, 2023 , the parties entered a settlement agreement into the record where the school district agreed to provide transportation to the student. On May 24, 2023, the parties entered a joint stipulation of dismissal and on May 25, 2023 the judge dismissed the case with prejudice.

Summary Authors

NDRN (6/22/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/63221201/parties/ambrose-v-st-johns-county-school-district/


Judge(s)

Howard, Marcia Morales (Florida)

Attorney for Plaintiff

Eversole, Lauren Brittany (Florida)

Golembiewski, Kevin Andrew (Florida)

Attorney for Defendant

Diot, Kristen Candice (Florida)

Spellman, Michael P. (Florida)

Documents in the Clearinghouse

Documents in this case
1

3:22-cv-00392

Complaint for Declaratory and Injunctive Relief and Demanding a Jury Trial

April 7, 2022

April 7, 2022

Complaint
13

3:22-cv-00392

Motion to Dismiss or for Judgment on the Pleadings

May 27, 2022

May 27, 2022

Pleading / Motion / Brief
31

3:22-cv-00392

Order

March 27, 2023

March 27, 2023

Order/Opinion
36

3:22-cv-00392

Zoom/Digitally Recorded Continuation of Settlement Conference

May 12, 2023

May 12, 2023

Transcript
39

3:22-cv-00392

Joint Stipulation of Dismissal

May 24, 2023

May 24, 2023

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/63221201/ambrose-v-st-johns-county-school-district/

Last updated June 30, 2026, 6:49 a.m.

ECF Number Date Description Link
1 April 7, 2022

COMPLAINT against St. Johns County School District with Jury Demand (Filing fee $ 402 receipt number AFLMDC-19436604) filed by Ashton Ambrose, B. D.. (Attachments: # 1 Civil Cover Sheet)(Golembiewski, Kevin) (STRICKEN per Order doc 4)Modified on 4/13/2022 (RH). (Entered: 04/07/2022)

1 Civil Cover Sheet

View on PACER

Clearinghouse
2 April 7, 2022

NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Patricia D. Barksdale. New case number: 3:22-cv-0392-MMH-PDB. (SJB) (Entered: 04/07/2022)

RECAP
April 7, 2022

Case Assigned/Reassigned

3 April 8, 2022

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: 04/08/2022)

RECAP
April 8, 2022

Notice to Counsel of Local Rule

4 April 12, 2022

ORDER striking 1 Complaint for Declaratory and Injunctive Relief and Demanding a Jury Trial. See Order for details. Signed by Judge Marcia Morales Howard on 4/12/2022. (TMF) (Entered: 04/12/2022)

RECAP
5 April 18, 2022

AMENDED COMPLAINT Filed Pursuant to Court Order (Doc. 4) against St. Johns County School District with Jury Demand. filed by Ashton Ambrose, B. D..(Golembiewski, Kevin) (Entered: 04/18/2022)

RECAP
6 April 19, 2022

PROPOSED summons to be issued by Ashton Ambrose, B. D.. (Golembiewski, Kevin) (Entered: 04/19/2022)

RECAP
7 April 20, 2022

SUMMONS issued as to St. Johns County School District. (RH) (Entered: 04/20/2022)

RECAP
8 April 20, 2022

NOTICE OF HEARING: Status Conference set for 4/26/2022 at 10:00 AM before Judge Marcia Morales Howard. The hearing will be held via Zoom. The Courtroom Deputy Clerk will separately send participants the Zoom link. (JW) (Entered: 04/20/2022)

RECAP
9 April 22, 2022

PROOF of service by Ashton Ambrose, B. D. (Eversole, Lauren) (Entered: 04/22/2022)

RECAP
10 April 26, 2022

Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: STATUS CONFERENCE held on 4/26/2022. Plaintiffs' Corrected Complaint due May 6, 2022. Court Reporter: Katharine Healey (JW) (Entered: 04/26/2022)

RECAP
11 May 6, 2022

AMENDED COMPLAINT Plaintiffs' Corrected Complaint, filed pursuant to Doc. 10 against St. Johns County School District with Jury Demand. filed by Ashton Ambrose, B. D..(Golembiewski, Kevin) (Entered: 05/06/2022)

RECAP
12 May 27, 2022

NOTICE of Appearance by Kristen Candice Diot on behalf of St. Johns County School District (Diot, Kristen) (Entered: 05/27/2022)

RECAP
13 May 27, 2022

MOTION to Dismiss or for Judgment on the Pleadings by St. Johns County School District. (Diot, Kristen) (Modified on 5/31/2022, to edit text) (BGR). (Entered: 05/27/2022)

Clearinghouse
14 June 17, 2022

RESPONSE in Opposition re 13 MOTION to Dismiss Plaintiffs' Corrected Complaint for Declaratory and Injunctive Relief filed by Ashton Ambrose, B. D.. (Attachments: # 1 Supplement L.R. 3.01(h) Request for Oral Argument)(Eversole, Lauren) (Entered: 06/17/2022)

1 Supplement L.R. 3.01(h) Request for Oral Argument

View on PACER

RECAP
15 July 1, 2022

CASE MANAGEMENT REPORT. (Eversole, Lauren) (Entered: 07/01/2022)

RECAP
16 July 6, 2022

CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Disclosure statements due 7/14/2022. Notice regarding mediator and mediation date due 12/15/2022. Discovery due by 1/31/2023. Dispositive motions due by 2/21/2023. Conduct mediation hearing by 3/15/2023. Final Pretrial Conference set for 8/21/2023 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 9/5/2023 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 7/6/2022. (JW) (Entered: 07/06/2022)

RECAP
17 July 14, 2022

CERTIFICATE of interested persons and corporate disclosure statement re 16 Case Management / FLSA / ADA / Social Security / Scheduling Order by Ashton Ambrose, B. D.. (Eversole, Lauren) (Entered: 07/14/2022)

RECAP
18 July 14, 2022

CERTIFICATE of interested persons and corporate disclosure statement by St. Johns County School District. (Diot, Kristen) Modified on 7/18/2022 to edit text (AET). (Entered: 07/14/2022)

RECAP
19 July 14, 2022

MOTION to Amend Case Caption by Ashton Ambrose, B. D.. (Golembiewski, Kevin) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 07/14/2022)

RECAP
20 Aug. 4, 2022

ENDORSED ORDER granting 19 the plaintiff's motion to amend, which the Court treats as unopposed because the defendant "takes no position" on the motion. Doc. 19 at 4. The Court construes 11 the amended complaint as bringing claims against the correct defendant: St. Johns County School Board. The Clerk of Court is directed to modify the docket accordingly. Signed by Magistrate Judge Patricia D. Barksdale on 8/4/2022. (BHC) (Entered: 08/04/2022)

RECAP
Aug. 4, 2022

Order on Motion to Amend / Correct / Modify / Supplement

21 Dec. 15, 2022

JOINT MOTION for Extension of Time to File Mediation Notice by Ashton Ambrose, B. D. (Eversole, Lauren) Motions referred to Magistrate Judge Patricia D. Barksdale. (Modified on 12/16/2022, to edit text) (BGR). (Entered: 12/15/2022)

RECAP
22 Dec. 16, 2022

ENDORSED ORDER granting 21 the joint motion for an extension of time. The parties must file the mediation notice by December 22, 2022. Signed by Magistrate Judge Patricia D. Barksdale on 12/16/2022. (DS) (Entered: 12/16/2022)

RECAP
Dec. 16, 2022

Order on Motion for Extension of Time to File

23 Dec. 22, 2022

NOTICE of mediation conference/hearing to be held on March 2, 2023 9:00am before Daniel K. Bean. (Eversole, Lauren) (Entered: 12/22/2022)

RECAP
24 Jan. 4, 2023

NOTICE of supplemental authority re 14 Response in Opposition to Motion, to Dismiss or For Judgment on the Pleadings by Ashton Ambrose, B. D.. (Eversole, Lauren) (Entered: 01/04/2023)

RECAP
25 Feb. 14, 2023

JOINT MOTION to Stay Dispositive and Daubert Motion Deadlines by St. Johns County School Board. (Diot, Kristen) Modified on 2/15/2023 to edit text (AET). (Entered: 02/14/2023)

RECAP
26 Feb. 15, 2023

NOTICE to plaintiff's counsel: Lauren Brittany Eversole, Kevin Andrew Golembiewski and counsel for defendant: Kristen Candice Diot, Michael P. Spellman of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (AET) (Entered: 02/15/2023)

RECAP
27 Feb. 15, 2023

ORDER granting 25 Joint Motion to Stay Dispositive and Daubert Motion Deadlines. The remaining deadlines set forth in the 16 Case Management and Scheduling Order, with the exception of the mediation deadline, are vacated. Amended Joint Uniform Case Management Report due 21 days after the Court's ruling on Defendant's Motion to Dismiss. Signed by Judge Marcia Morales Howard on 2/15/2023. (JW) (Entered: 02/15/2023)

RECAP
28 Feb. 15, 2023

NOTICE by St. Johns County School Board of Lead Counsel (Spellman, Michael) (Entered: 02/15/2023)

RECAP
29 Feb. 15, 2023

NOTICE of Lead Counsel Designation by Kevin Andrew Golembiewski on behalf of Ashton Ambrose, B. D.. Lead Counsel: Kevin A. Golembiewski. (Golembiewski, Kevin) (Entered: 02/15/2023)

RECAP
Feb. 15, 2023

Notice to Counsel of Local Rule

30 March 7, 2023

MEDIATION report Hearing held on March 2, 2023. Hearing outcome: Impasse.. (Bean, Daniel) (Entered: 03/07/2023)

RECAP
31 March 27, 2023

ORDER denying 13 Motion to Dismiss and requiring the parties to attend a settlement conference. See order for details. Signed by Judge Marcia Morales Howard on 3/27/2023. (WT) (Entered: 03/27/2023)

Clearinghouse
32 April 11, 2023

ORDER scheduling a settlement conference for 4/24/2023 at 10:00 AM in Jacksonville Courtroom 5B before Magistrate Judge Patricia D. Barksdale. No later than 4/19/2023, each party must submit to the undersigned a confidential letter. See order for details. Signed by Magistrate Judge Patricia D. Barksdale on 4/11/2023. (ASL) (Entered: 04/11/2023)

RECAP
33 April 14, 2023

ANSWER and affirmative defenses with Jury Demand to 11 Amended Complaint by St. Johns County School Board.(Diot, Kristen) (Entered: 04/14/2023)

RECAP
34 April 24, 2023

MINUTE entry for the in person settlement conference held on 4/24/2023 before Magistrate Judge Patricia D. Barksdale: The parties reached a tentative settlement pending approval from the St. Johns County School Board. (digital) (ASL) (Entered: 04/27/2023)

RECAP
35 April 27, 2023

ORDER continuing the settlement conference to 5/10/2023 at 02:00 PM by video teleconference using Zoom before Magistrate Judge Patricia D. Barksdale. The Courtroom Deputy will separately email counsel an invitation with the link and password. Signed by Magistrate Judge Patricia D. Barksdale on 4/27/2023. (ASL) (Entered: 04/27/2023)

RECAP
37 May 10, 2023

MINUTE entry for the continuation of the settlement conference (by video teleconference) held on 5/10/2023 before Magistrate Judge Patricia D. Barksdale: The parties settled the case. Judge Barksdale read the terms of the settlement into the record. (digital) (ASL) (Entered: 05/12/2023)

RECAP
36 May 12, 2023

TRANSCRIPT of Continuation of Settlement Conference held on 05/10/2023 before Judge Patricia D. Barksdale. Court Reporter/Transcriber: Katharine M. Healey, RMR, CRR, FPR-C. Email address: katharinehealey@bellsouth.net. Telephone number: 9043016843. NOTICE TO THE PARTIES - 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 available to the public without redaction after ninety (90) calendar days. 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 6/2/2023. Redacted Transcript Deadline set for 6/12/2023. Release of Transcript Restriction set for 8/10/2023. (KMH) (Entered: 05/12/2023)

Clearinghouse
38 May 12, 2023

ORDER directing the parties to file by 5/24/2023 a joint stipulation of dismissal or other appropriate documents to close the case. If the parties do not do so and fail to request more time by that date, this action will be dismissed without prejudice. Signed by Magistrate Judge Patricia D. Barksdale on 5/12/2023. (ASL) (Entered: 05/12/2023)

RECAP
39 May 24, 2023

JOINT Stipulation of Dismissal by Ashton Ambrose, B. D. (Eversole, Lauren) (Modified on 5/25/2023, to edit text) (BGR). (Entered: 05/24/2023)

Clearinghouse
40 May 25, 2023

ORDER dismissing case with prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 5/25/2023. (JW) (Entered: 05/25/2023)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Disability Rights

Education

Key Dates

Filing Date: April 7, 2022

Closing Date: May 25, 2023

Case Ongoing: No

Plaintiffs

Plaintiff Description:

individual student with disabilities

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

School District

St. Johns County School District

Defendant Type(s):

Elementary/Secondary School

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

State law

Other Dockets:

Middle District of Florida 3:22-cv-00392

Available Documents:

Any published opinion

Complaint (any)

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Issues

Disability and Disability Rights:

Special education

Recommended Citation