1
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COMPLAINT against All Defendants ( Filing fee $ 402 receipt number AFLNDC-7872809.), filed by KYLE LUKOFF, LINDSAY DURTSCHI, ANN NOVAKOWSKI, SARAH BRANNEN, PENGUIN RANDOM HOUSE LLC, GEORGE M JOHNSON, PEN AMERICAN CENTER INC, ASHLEY HOPE PEREZ, DAVID LEVITHAN. (Attachments: # (1) Exhibit 1 -, # (2) Exhibit 2, # (3) Exhibit 3, # (4) Exhibit 4, # (5) Exhibit 5, # (6) Exhibit 6, # (7) Exhibit 7, # (8) Exhibit 8, # (9) Exhibit 9, # (10) Exhibit 10, # (11) Exhibit 11, # (12) Exhibit 12, # (13) Exhibit 13, # (14) Exhibit 14, # (15) Exhibit 15, # (16) Exhibit 16, # (17) Exhibit 17, # (18) Exhibit 18, # (19) Exhibit 19, # (20) Exhibit 20, # (21) Exhibit 21, # (22) Exhibit 22, # (23) Exhibit 23, # (24) Exhibit 24, # (25) Exhibit 25, # (26) Exhibit 26, # (27) Exhibit 27, # (28) Exhibit 28, # (29) Exhibit 29, # (30) SUMMONS FOR ESCAMBIA COUNTY SCHOOL DISTRICT, # (31) SUMMONS FOR ESCAMBIA COUNTY SCHOOL BOARD) (AGARWAL, SHALINI)
1 Exhibit 1 -
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2 Exhibit 2
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3 Exhibit 3
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4 Exhibit 4
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5 Exhibit 5
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6 Exhibit 6
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7 Exhibit 7
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8 Exhibit 8
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9 Exhibit 9
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10 Exhibit 10
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11 Exhibit 11
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12 Exhibit 12
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13 Exhibit 13
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14 Exhibit 14
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15 Exhibit 15
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16 Exhibit 16
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17 Exhibit 17
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18 Exhibit 18
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19 Exhibit 19
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20 Exhibit 20
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21 Exhibit 21
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22 Exhibit 22
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23 Exhibit 23
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24 Exhibit 24
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25 Exhibit 25
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26 Exhibit 26
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27 Exhibit 27
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28 Exhibit 28
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29 Exhibit 29
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30 SUMMONS FOR ESCAMBIA COUNTY SCHOOL DISTRICT
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31 SUMMONS FOR ESCAMBIA COUNTY SCHOOL BOARD
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May 17, 2023
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May 17, 2023
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2
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CIVIL COVER SHEET. (AGARWAL, SHALINI)
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May 17, 2023
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May 17, 2023
Clearinghouse
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3
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Corporate Disclosure Statement/Certificate of Interested Persons by PEN AMERICAN CENTER INC. (AGARWAL, SHALINI)
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May 17, 2023
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May 17, 2023
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4
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Corporate Disclosure Statement/Certificate of Interested Persons by PENGUIN RANDOM HOUSE LLC. (AGARWAL, SHALINI)
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May 17, 2023
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May 17, 2023
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5
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Summons Issued as to ESCAMBIA COUNTY SCHOOL DISTRICT (# (1) Summons - ESCAMBIA COUNTY SCHOOL BOARD) (mb)
1 Summons - ESCAMBIA COUNTY SCHOOL BOARD
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May 18, 2023
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May 18, 2023
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6
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AFFIDAVIT of Service for SUMMONS; COMPLAINT WITH EXHIBITS; CIVIL COVER SHEET; RULE 7.1 STATEMENT TRISTIAN WILLIAMS served on ESCAMBIA COUNTY SCHOOL DISTRICT on 5/24/2023, filed by PEN AMERICAN CENTER INC. (AGARWAL, SHALINI)
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May 25, 2023
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May 25, 2023
Clearinghouse
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7
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AFFIDAVIT of Service for SUMMONS; COMPLAINT WITH EXHIBITS; CIVIL COVER SHEET; RULE 7.1 STATEMENT TRISTIAN WILLIAMS served on ESCAMBIA COUNTY SCHOOL BOARD on 5/24/23, filed by PEN AMERICAN CENTER INC. (AGARWAL, SHALINI)
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May 25, 2023
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May 25, 2023
RECAP
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8
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NOTICE of Appearance by JOHN DAVID MARSEY on behalf of All Defendants (MARSEY, JOHN)
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May 26, 2023
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May 26, 2023
RECAP
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9
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NOTICE of Appearance by NICOLE SIEB SMITH on behalf of All Defendants (SMITH, NICOLE)
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May 26, 2023
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May 26, 2023
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10
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NOTICE of Appearance by JEFFREY JAMES GROSHOLZ on behalf of All Defendants (GROSHOLZ, JEFFREY)
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May 26, 2023
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May 26, 2023
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 1 Complaint, 8, 9, 10 Notices of Appearance. (Please see proposed ISO.) (jfj)
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May 30, 2023
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May 30, 2023
PACER
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 1 Complaint, 8,9,10 Notices of Appearance. (Please see proposed ISO.) (jfj)
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May 30, 2023
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May 30, 2023
PACER
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11
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INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 6/13/2023. Rule 26 Meeting Report due by 7/13/2023. Discovery due by 10/2/2023. Signed by JUDGE T KENT WETHERELL II on 5/30/2023. (mb)
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May 30, 2023
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May 30, 2023
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12
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MOTION to Appear Pro Hac Vice by Paul J. Safier.( Filing fee $ 208 receipt number AFLNDC-7900953.) by SARAH BRANNEN, LINDSAY DURTSCHI, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ. (Attachments: # (1) Exhibit A - PA certificate of good standing) (SAFIER, PAUL)
1 Exhibit A - PA certificate of good standing
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June 2, 2023
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June 2, 2023
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 12 MOTION to Appear Pro Hac Vice by Paul J. Safier. (Filing fee $ 208 receipt number AFLNDC-7900953.) (mb)
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June 5, 2023
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June 5, 2023
PACER
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13
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MOTION to Appear Pro Hac Vice by Kristy Parker.( Filing fee $ 208 receipt number AFLNDC-7904427.) by PEN AMERICAN CENTER INC. (PARKER, KRISTY)
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June 5, 2023
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June 5, 2023
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14
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ORDER granting [12] Motion to Appear Pro Hac Vice (Appointed PAUL JOSEPH SAFIER for SARAH BRANNEN, LINDSAY DURTSCHI, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, and ASHLEY HOPE PEREZ). Signed by JUDGE T KENT WETHERELL II on 6/5/2023. (mb)
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June 5, 2023
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June 5, 2023
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15
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MOTION to Appear Pro Hac Vice by John Langford.( Filing fee $ 208 receipt number AFLNDC-7904475.) by PEN AMERICAN CENTER INC. (LANGFORD, JOHN)
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June 5, 2023
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June 5, 2023
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 16 MOTION to Appear Pro Hac Vice by Lynn B.Oberlander. (Filing fee $ 208 receipt number AFLNDC-7906014.) (mb)
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June 6, 2023
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June 6, 2023
PACER
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16
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MOTION to Appear Pro Hac Vice by Lynn B.Oberlander.( Filing fee $ 208 receipt number AFLNDC-7906014.) by SARAH BRANNEN, LINDSAY DURTSCHI, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ. (Attachments: # (1) Exhibit A - NY certificate of good standing) (OBERLANDER, LYNN)
1 Exhibit A - NY certificate of good standing
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June 6, 2023
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June 6, 2023
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17
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ORDER re [13] Motion to Appear Pro Hac Vice (Appointed KRISTY L PARKER for PEN AMERICAN CENTER INC); re [15] Motion to Appear Pro Hac Vice (Appointed JOHN LANGFORD for PEN AMERICAN CENTER INC). That the motions are GRANTED, and attorneys Kristy Parker and John Langford are authorized to appear pro hac vice for Plaintiffs. Signed by JUDGE T KENT WETHERELL II on 6/6/2023. (mb)
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June 6, 2023
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June 6, 2023
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18
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ORDER re [16] Motion to Appear Pro Hac Vice (Appointed LYNN BETH OBERLANDER for SARAH BRANNEN, LINDSAY DURTSCHI, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, and ASHLEY HOPE PEREZ). Signed by JUDGE T KENT WETHERELL II on 6/7/2023. (mb)
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June 7, 2023
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June 7, 2023
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 19 MOTION to Appear Pro Hac Vice by Kamera Boyd.( Filing fee $ 208 receipt number AFLNDC-7910256.) (mb)
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June 8, 2023
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June 8, 2023
PACER
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19
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MOTION to Appear Pro Hac Vice by Kamera Boyd.( Filing fee $ 208 receipt number AFLNDC-7910256.) by SARAH BRANNEN, LINDSAY DURTSCHI, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ. (Attachments: # (1) Exhibit A - NY certificate of good standing) (BOYD, KAMERA)
1 Exhibit A - NY certificate of good standing
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June 8, 2023
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June 8, 2023
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20
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ORDER. This case is before the Court based on the motion for leave to appear pro hac vice filed by attorney Kamera Boyd (Doc. [19]). The Court finds based on the motion and supporting documentation that Ms. Boyd meets the requirements of Local Rule 11.1 to appear pro hac vice. The Court also notes that the applicable fee has been paid. Accordingly, it is ORDERED that the motion is GRANTED, and attorney Kamera Boyd is authorized to appear pro hac vice for Plaintiffs. Signed by JUDGE T KENT WETHERELL II on 06/09/23. (jfj)
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June 9, 2023
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June 9, 2023
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 21 Joint MOTION to Extend Timeto Respond to Complaint, Conduct Rule 26(F) Attorney Conference and File Joint Report of Attorney Planning Meeting (mb)
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June 13, 2023
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June 13, 2023
PACER
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21
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Joint MOTION to Extend Timeto Respond to Complaint, Conduct Rule 26(F) Attorney Conference and File Joint Report of Attorney Planning Meeting by ESCAMBIA COUNTY SCHOOL BOARD. (MARSEY, JOHN)
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June 13, 2023
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June 13, 2023
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22
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ORDER EXTENDING DEADLINES re [21] Parties' Joint MOTION to Extend Deadlines. Defendants shall have until August 7, 2023, to answer or otherwise respond to the complaint or, if filed, the amended complaint. The parties shall have until August 7, 2023, to hold their Rule 26(f) conference. The parties shall have 14 days from the date the Rule 26(f) conference is held to file the report of the conference and proposed case management schedule. All other deadlines in the Initial Scheduling Order are tolled pending consideration of the Rule 26(f) conference report. (Answer due by 8/7/2023). (Rule 26(f) conference to be held by 8/7/2023). (Rule 26 Meeting Report due by 8/21/2023). Signed by JUDGE T KENT WETHERELL II on 6/14/2023. (mb)
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June 14, 2023
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June 14, 2023
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 23 Consent MOTION to Extend Time (mb)
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July 6, 2023
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July 6, 2023
PACER
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23
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Consent MOTION to Extend Time by SARAH BRANNEN, LINDSAY DURTSCHI, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ. (AGARWAL, SHALINI)
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July 6, 2023
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July 6, 2023
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24
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ORDER EXTENDING DEADLINES re [23] Plaintiff's Consented-to MOTION to Extend Deadlines. Defendants shall have until 8/21/2023, to answer or otherwise respond to the complaint or, if filed, the amended complaint. If Defendants respond to the operative complaint with a motion to dismiss, Plaintiffs shall have 28 days from the date the motion is filed to file a response. The parties shall have until 8/21/2023, to hold their Rule 26(f) conference. The parties shall have 14 days from the date the Rule 26(f) conference is held to file the report of the conference and proposed case management schedule. All other deadlines in the Initial Scheduling Order are tolled pending consideration of the parties' Rule 26(f) conference report. (Rule 26(f) Conference Report due 9/4/2023)). Signed by JUDGE T KENT WETHERELL II on 7/7/2023. (mb)
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July 7, 2023
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July 7, 2023
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25
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Consent MOTION for Leave to File Amended Complaint by SARAH BRANNEN, LINDSAY DURTSCHI, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ. (Attachments: # (1) Exhibit A - Amended Complaint, Index, and Exhibits, # (2) Exhibit B - Email from D Marsey) (AGARWAL, SHALINI)
1 Exhibit A - Amended Complaint, Index, and Exhibits
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2 Exhibit B - Email from D Marsey
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July 21, 2023
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July 21, 2023
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26
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ORDER GRANTING LEAVE TO AMEND COMPLAINT re [25] Plaintiff's Consented-to Motion for Leave to File Amended Complaint. That the motion is GRANTED, and The Clerk shall file a copy of Doc. [25]-1 as a new docket entry, titled "Amended Complaint." The amended complaint is now the operative complaint. Defendants shall have until August 21, 2023, to answer or otherwise respond to the amended complaint. See Doc. [24]. (Answer due by 8/21/2023.) Signed by JUDGE T KENT WETHERELL II on 7/24/2023. (mb)
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July 24, 2023
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July 24, 2023
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27
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AMENDED COMPLAINT against KYLE LUKOFF, LINDSAY DURTSCHI, ANN NOVAKOWSKI, SARAH BRANNEN, PENGUIN RANDOM HOUSE LLC, GEORGE M JOHNSON, PEN AMERICAN CENTER INC, ASHLEY HOPE PEREZ, DAVID LEVITHAN, filed by KYLE LUKOFF, LINDSAY DURTSCHI, ANN NOVAKOWSKI, SARAH BRANNEN, PENGUIN RANDOM HOUSE LLC, GEORGE M JOHNSON, PEN AMERICAN CENTER INC, ASHLEY HOPE PEREZ, DAVID LEVITHAN. (Defendants added: ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE and CARIN SMITH. (mb)
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July 24, 2023
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July 24, 2023
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Set Deadlines re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Internal deadline for referral to judge if response not filed earlier: 9/18/2023). (mb)
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Aug. 21, 2023
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Aug. 21, 2023
PACER
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28
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ESCAMBIA COUNTY SCHOOL BOARD. (MARSEY, JOHN)
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Aug. 21, 2023
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Aug. 21, 2023
RECAP
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Set Deadlines re 29 MOTION to Withdraw as Attorney filed by Kamera Boyd. (Internal deadline for referral to judge if response not filed earlier: 9/5/2023). (mb)
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Aug. 22, 2023
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Aug. 22, 2023
PACER
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29
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MOTION to Withdraw as Attorney filed by Kamera Boyd by SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, SEAN PARKER, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, CARIN SMITH. (BOYD, KAMERA)
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Aug. 22, 2023
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Aug. 22, 2023
RECAP
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30
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NOTICE of Appearance by DANIEL WILLIAM BELL on behalf of STATE OF FLORIDA (BELL, DANIEL)
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Aug. 22, 2023
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Aug. 22, 2023
RECAP
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31
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MOTION for Leave to File Amicus Brief in Support of Motion to Dismiss by STATE OF FLORIDA. (Attachments: # (1) Ex. 1 (Amicus Brief)) (BELL, DANIEL)
1 Ex. 1 (Amicus Brief)
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Aug. 22, 2023
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Aug. 22, 2023
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32
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REPORT of Rule 26(f) Planning Meeting. (AGARWAL, SHALINI)
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Aug. 22, 2023
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Aug. 22, 2023
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33
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ORDER re [29] Motion to Withdraw as Attorney, KAMERA BOYD. That the motion is GRANTED, and attorney Kamera Boyd shall have no further obligation to represent Plaintiffs in this case. The Clerk shall terminate Ms. Boyd as counsel of record for Plaintiffs in CM/ECF. Attorney KAMERA ELLA BOYD terminated. Signed by JUDGE T KENT WETHERELL II on 8/23/2023. (mb)
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Aug. 23, 2023
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Aug. 23, 2023
RECAP
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34
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ORDER ACCEPTING AMICUS BRIEF re [31] STATE OF FLORIDA's Unopposed Motion for Leave to File Amicus Brief. That the motion is GRANTED, and the State of Florida's amicus brief (Doc. [31]-1) is accepted. Signed by JUDGE T KENT WETHERELL II on 8/23/2023. (mb)
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Aug. 23, 2023
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Aug. 23, 2023
RECAP
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35
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ORDER TEMPORARILY STAYING DISCOVERY. The Court declines to enter a final scheduling order at this time. Discovery and all other deadlines in the initial scheduling order are temporarily STAYED pending further order. Plaintiffs shall have 14 days from the date of this Order to file a response explaining why this temporary stay should not remain in effect until the Court rules on Defendants motion to dismiss. The response shall not exceed 8,000 words. Defendant shall have 7 days after Plaintiffs' file their response to file a reply. The reply shall not exceed 3,200 words. (Deadline for clerk to check status of stay by 9/6/2023. Replies due by 9/13/2023.) Signed by JUDGE T KENT WETHERELL II on 8/23/2023. (mb)
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Aug. 23, 2023
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Aug. 23, 2023
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 32 Report of Rule 26(f) Planning Meeting (mb)
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Aug. 24, 2023
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Aug. 24, 2023
PACER
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36
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Consent MOTION for Leave to File Excess Pages by SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, SEAN PARKER, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, CARIN SMITH. (AGARWAL, SHALINI)
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Aug. 31, 2023
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Aug. 31, 2023
RECAP
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37
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ORDER INCREASING WORD LIMIT re [36] Plaintiffs' consent motion for leave to file response in excess of word limit. That the motion is GRANTED, and Plaintiffs may file a response in opposition to Defendant's motion to dismiss containing up to 10,000 words. Signed by JUDGE T KENT WETHERELL II on 9/1/2023. (mb)
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Sept. 1, 2023
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Sept. 1, 2023
RECAP
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38
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RESPONSE by SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, SEAN PARKER, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, CARIN SMITH re [35] Order Staying Case,,,, Set Deadlines/Hearings,,, . (AGARWAL, SHALINI)
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Sept. 6, 2023
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Sept. 6, 2023
Clearinghouse
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 38 RESPONSE by SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, SEAN PARKER, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, CARIN SMITH re 35 Order Staying Case. (mb)
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Sept. 7, 2023
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Sept. 7, 2023
PACER
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39
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ORDER. Upon due consideration of Plaintiff's response to order temporarily staying discovery (Doc. [38]), it is ORDERED that the stay of discovery shall remain in effect pending further order. Signed by JUDGE T KENT WETHERELL II on 09/07/23. (jfj)
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Sept. 7, 2023
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Sept. 7, 2023
RECAP
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40
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RESPONSE in Opposition re [28] MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, SEAN PARKER, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, CARIN SMITH. (Attachments: # (1) Exhibit 1) (AGARWAL, SHALINI)
1 Exhibit 1
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Sept. 18, 2023
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Sept. 18, 2023
RECAP
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 40 RESPONSE in Opposition re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (mb)
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Sept. 19, 2023
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Sept. 19, 2023
PACER
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41
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ORDER LIFTING STAY OF DISCOVERY. The previously imposed stay of discovery is LIFTED. The parties shall have 14 days from the date of this Order to file an amended Rule 26(f) report and proposed case management schedule. Signed by JUDGE T KENT WETHERELL II on 09/25/23. (Amended Rule 26 Meeting Report due by 10/10/2023.) (jfj)
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Sept. 25, 2023
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Sept. 25, 2023
RECAP
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42
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MOTION for Leave to File Amicus Brief (Unopposed) by G.S. Hans, Heidi Kitrosser, Clay Calvert, Kyle Compton, Caroline Mala Corbin, Eric B. Easton, Victoria Smith Ekstrand, Michael M. Epstein, Lyrissa Lidsky, Sarah Ludington, Gregory P. Magarian, Justin Marceau, C. Amanda Martin, Len Niehoff, Kristin A. Patrow, Richard J. Peltz-Steele, Tamara Piety, Jennifer Safstrom, Katie M. Schwartzmann, Susan E. Seager, Lena Shapiro, Erik Ugland, Jonathan Weinberg. (Attachments: # (1) Exhibit A, # (2) Exhibit B) (FUGATE, RACHEL)
1 Exhibit A
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2 Exhibit B
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Sept. 25, 2023
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Sept. 25, 2023
RECAP
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43
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MOTION for Leave to File re [40] Response in Opposition to Motion, (unopposed) by Florida State Conference NAACP, Equality Florida Action, Inc.. (Attachments: # (1) Exhibit BRIEF OF AMICI CURIAE FLORIDA STATE CONFERENCE OF THE NAACP AND EQUALITY FLORIDA ACTION, INC. IN SUPPORT OF PLAINTIFFS, # (2) Exhibit DECLARATION and COMPILED STATEMENTS) (BUSCHEL, ROBERT) Modified on 9/26/2023. ** 43-2 Declaration and Statements are STRICKEN per [45] Order** (jfj).
1 Exhibit BRIEF OF AMICI CURIAE FLORIDA STATE CONFERENCE OF THE NAACP AND EQUALITY
View on RECAP
2 Exhibit DECLARATION and COMPILED STATEMENTS
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Sept. 25, 2023
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Sept. 25, 2023
RECAP
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 42 MOTION for Leave to File Amicus Brief (Unopposed) (jfj)
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Sept. 26, 2023
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Sept. 26, 2023
PACER
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 43 UNOPPOSED MOTION FOR LEAVE TO FILE AMICUS BRIEF. (jfj)
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Sept. 26, 2023
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Sept. 26, 2023
PACER
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44
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NOTICE of Appearance by BRIDGET K O'HICKEY on behalf of STATE OF FLORIDA (O'HICKEY, BRIDGET)
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Sept. 26, 2023
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Sept. 26, 2023
RECAP
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45
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ORDER ACCEPTING AMICUS BRIEFS. Upon due consideration of the unopposed motions for leave to file amicus brief filed by a group of law professors (Doc. [42]) and the Florida State Conference of the NAACP and Equality Florida Action, Inc. (Doc. [43]), it is ORDERED that: The law professors' motion is GRANTED, and the amicus brief attached to the motion (Doc. [42]-2) is accepted. The NAACP/Equality Florida's motion is GRANTED in part insofar as the amicus brief attached to the motion (Doc. [43]-1) is accepted, but the declaration and statements attached to the motion (Doc. [43]-2) is STRICKEN (and the portions of the amicus brief discussing the statements will not be considered) because that type of extra-record evidence is not something the Court can consider when ruling on the legal sufficiency of the complaint. Signed by JUDGE T KENT WETHERELL II on 09/26/23. (jfj)
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Sept. 26, 2023
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Sept. 26, 2023
RECAP
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46
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MOTION to Appear Pro Hac Vice by Shawn F. Summers.( Filing fee $ 208 receipt number AFLNDC-8218679.) by SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, CARIN SMITH. (Attachments: # (1) Exhibit PA Certificate of Good Standing) (SUMMERS, SHAWN)
1 Exhibit PA Certificate of Good Standing
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Sept. 26, 2023
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Sept. 26, 2023
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47
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MOTION to Appear Pro Hac Vice by Kirsten Fehlan.( Filing fee $ 208 receipt number AFLNDC-8218691.) by SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, SEAN PARKER, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, CARIN SMITH. (FEHLAN, KIRSTEN)
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Sept. 26, 2023
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Sept. 26, 2023
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 46 MOTION to Appear Pro Hac Vice by Shawn F. Summers. 47 MOTION to Appear Pro Hac Vice by Kirsten Fehlan. (mb)
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Sept. 27, 2023
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Sept. 27, 2023
PACER
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48
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ORDER. That the motion is GRANTED, and attorneys Shawn F. Summers and Kirsten Fehlan are authorized to appear pro hac vice for Plaintiffs. [46] Motion to Appear Pro Hac Vice (Appointed SHAWN F SUMMERS for SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, ANN NOVAKOWSKI, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, and for CARIN SMITH); [47] Motion to Appear Pro Hac Vice (Appointed KRISTEN FEHLAN for SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, ANN NOVAKOWSKI, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, and for CARIN SMITH). Signed by JUDGE T KENT WETHERELL II on 9/27/2023. (mb)
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Sept. 27, 2023
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Sept. 27, 2023
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49
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MOTION to Appear Pro Hac Vice by Nicholas Baer.( Filing fee $ 208 receipt number AFLNDC-8233942.) by Equality Florida Action, Inc., Florida State Conference NAACP. (BAER, NICHOLAS)
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Sept. 29, 2023
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Sept. 29, 2023
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50
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MOTION to Appear Pro Hac Vice by C. William Phillips.( Filing fee $ 208 receipt number AFLNDC-8233970.) by Equality Florida Action, Inc., Florida State Conference NAACP. (PHILLIPS, CLARENCE)
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Sept. 29, 2023
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Sept. 29, 2023
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51
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MOTION to Appear Pro Hac Vice by Jayni Hein.( Filing fee $ 208 receipt number AFLNDC-8234083.) by Equality Florida Action, Inc., Florida State Conference NAACP. (HEIN, JAYNI)
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Sept. 29, 2023
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Sept. 29, 2023
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52
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ORDER re [51] MOTION to Appear Pro Hac Vice by Jayni Hein; [50] MOTION to Appear Pro Hac Vice by C. William Phillips; [49] MOTION to Appear Pro Hac Vice by Nicholas Baer. That the motion is GRANTED, and attorneys Nicholas E. Baer, C. William Phillips, and Jayni F. Hein are authorized to appear pro hac vice for amici Florida State Conference of the NAACP and Equality Florida Action, Inc. Signed by JUDGE T KENT WETHERELL II on 10/2/2023. (mb)
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Oct. 2, 2023
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Oct. 2, 2023
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 53 Report of Rule 26(f) Planning Meeting (mb)
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Oct. 4, 2023
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Oct. 4, 2023
PACER
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53
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REPORT of Rule 26(f) Planning Meeting. (AGARWAL, SHALINI)
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Oct. 4, 2023
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Oct. 4, 2023
Clearinghouse
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54
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FINAL SCHEDULING ORDER re 53 Joint REPORT. (Fact Discovery due by 5/31/2024. Expert Discovery due by 7/15/2024. The deadline for filing potentially Dispositive Motions, as well as daubert motions, to be filed by 6/21/2024. Mediation to take place by 6/14/2024. Mediation Report due by 6/21/2024). Signed by JUDGE T KENT WETHERELL II on 10/5/2023. (mb) (Entered: 10/05/2023)
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Oct. 5, 2023
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Oct. 5, 2023
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55
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ORDER. Plaintiffs' request for oral argument (see Doc. 40 at 50) is GRANTED. Within 7 days from the date of this Order, the parties shall confer and file a notice identifying several mutually agreeable dates and times during December 2023 and January 2024 for an in-person oral argument in Pensacola, Florida. Ninety minutes45 minutes per sidewill be reserved for the oral argument. (Notify Court with several mutually agreeable dates and times due by 12/12/2023.) Signed by JUDGE T KENT WETHERELL II on 12/5/2023. (mb) (Entered: 12/05/2023)
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Dec. 5, 2023
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Dec. 5, 2023
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56
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NOTICE Joint Notice Regarding Availability for Oral Argument by SARAH BRANNEN, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, SEAN PARKER, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, CARIN SMITH re 55 Order,,, Set Deadlines/Hearings,, (AGARWAL, SHALINI) (Entered: 12/12/2023)
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Dec. 12, 2023
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Dec. 12, 2023
PACER
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Action Required by District Judge
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Dec. 12, 2023
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Dec. 12, 2023
PACER
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 56 Joint Notice Regarding Availability for Oral Argument (djb)
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Dec. 12, 2023
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Dec. 12, 2023
PACER
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57
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NOTICE of Hearing re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (Motion Hearing set for 1/10/2024 @ 10:00 AM C.T. in U.S. Courthouse Pensacola before JUDGE T KENT WETHERELL II. (mb) (Entered: 12/13/2023)
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Dec. 13, 2023
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Dec. 13, 2023
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58
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NOTICE of Supplemental Authority by STATE OF FLORIDA (O'HICKEY, BRIDGET) (Entered: 12/27/2023)
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Dec. 27, 2023
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Dec. 27, 2023
PACER
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59
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MOTION for leave to participate in motion-to-dismiss hearing by STATE OF FLORIDA. (O'HICKEY, BRIDGET) (Entered: 12/27/2023)
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Dec. 27, 2023
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Dec. 27, 2023
PACER
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60
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ORDER re 59 Amicus STATE OF FLORIDA's Unopposed MOTION to participate in oral argument. That the motion is GRANTED, and the State will be allowed to participate in oral argument. The time reserved for oral argument is extended to one hour per side, with 15 minutes of Defendant's time being allotted to the State. Signed by JUDGE T KENT WETHERELL II on 12/28/2023. (mb) (Entered: 12/28/2023)
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Dec. 28, 2023
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Dec. 28, 2023
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61
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MOTION for Telephonic Access (Unopposed) re 57 Notice of Hearing on Motion by SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, SEAN PARKER, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, CARIN SMITH. (SUMMERS, SHAWN) (Entered: 12/29/2023)
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Dec. 29, 2023
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Dec. 29, 2023
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62
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ORDER re 61 Plaintiff's Unopposed Motion for Telephonic Access. That the motion is DENIED. Signed by JUDGE T KENT WETHERELL II on 1/2/2024. (mb) (Entered: 01/02/2024)
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Jan. 2, 2024
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Jan. 2, 2024
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63
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NOTICE of Supplemental Authority by SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, SEAN PARKER, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE re 40 Response in Opposition to Motion, (AGARWAL, SHALINI) (Entered: 01/04/2024)
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Jan. 4, 2024
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Jan. 4, 2024
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64
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Minute Entry for proceedings held before JUDGE T KENT WETHERELL II: Motion Hearing held on 1/10/2024 re 28 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Motion Denied as to Counts 1 and 2, Granted as to Count 3. Defense to file answer by 2/7/2024. Order to be entered (Court Reporter Julie Wycoff). (pmc) (Entered: 01/10/2024)
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Jan. 10, 2024
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Jan. 10, 2024
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65
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ORDER ON MOTION TO DISMISS re 28 Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Defendant's motion to dismiss is GRANTED in part, and Count III of the amended complaint is DISMISSED. The motion is otherwise DENIED. Defendant shall have until February 7, 2024 (28 days from the date of the oral argument) to answer the amended complaint. (Answer due by 2/7/2024.) Signed by JUDGE T KENT WETHERELL II on 1/12/2024. (mb) (Entered: 01/12/2024)
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Jan. 12, 2024
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Jan. 12, 2024
Clearinghouse
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66
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NOTICE OF FILING OF OFFICIAL TRANSCRIPT of ORAL ARGUMENT Proceedings held on 1/10/2024, before Judge T. Kent Wetherell, II. Court Reporter/Transcriber Julie A. Wycoff, Telephone number 850/549-5886; julieawycoff@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. Redaction Request due 1/23/2024. Release of Transcript Restriction set for 4/22/2024. (jaw) (Entered: 01/16/2024)
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Jan. 16, 2024
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Jan. 16, 2024
PACER
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67
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NOTICE of Appearance by SAMANTHA CRAWFORD DUKE on behalf of ESCAMBIA COUNTY SCHOOL BOARD (DUKE, SAMANTHA) (Entered: 01/24/2024)
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Jan. 24, 2024
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Jan. 24, 2024
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68
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ANSWER to 27 Amended Complaint, by ESCAMBIA COUNTY SCHOOL BOARD. (SMITH, NICOLE) Modified on 2/7/2024 to correct title to match pdf document attached. (mb). (Entered: 02/07/2024)
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Feb. 7, 2024
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Feb. 7, 2024
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69
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MOTION to Withdraw as Attorney by SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, SEAN PARKER, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE, CARIN SMITH. (SUMMERS, SHAWN) (Entered: 03/29/2024)
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March 29, 2024
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March 29, 2024
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70
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ORDER granting 69 Motion to Withdraw as Attorney. Attorney Shawn F. Summers shall have no further obligation to represent Plaintiffs in this case, and the Clerk shall terminate him as counsel of record for Plaintiffs in CM/ECF. Signed by JUDGE T KENT WETHERELL II on 04/01/2024. Attorney SHAWN F SUMMERS terminated (alb) (Entered: 04/01/2024)
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April 1, 2024
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April 1, 2024
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71
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Joint MOTION to Extend Timefor Pre-Trial Deadlines by ESCAMBIA COUNTY SCHOOL BOARD. (SMITH, NICOLE) (Entered: 04/05/2024)
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April 5, 2024
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April 5, 2024
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 71 Joint MOTION to Extend Timefor Pre-Trial Deadlines. (alb)
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April 5, 2024
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April 5, 2024
PACER
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72
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ORDER EXTENDING DEADLINES, re 71 Joint MOTION to Extend Time for Pre- Trial Deadlines. The motion is GRANTED, and the fact and expert discovery deadlines are extended to August 30, 2024, and October 15, 2024, respectively. All deadlines in the scheduling order (Doc. 54 ) tied to the discovery deadline shall run from the new expert discovery deadline. (Fact Discovery due by 8/30/2024. Expert Discovery due by 10/15/2024. Dispositive Motions to be filed by 11/5/2024. Mediation to take place by 10/29/2024. Mediation Report due by 11/12/2024. ) Signed by JUDGE T KENT WETHERELL II on 04/08/2024. (alb) Modified on 4/8/2024 to correct docket text. (alb). (Entered: 04/08/2024)
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April 8, 2024
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April 8, 2024
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73
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STIPULATION of Dismissal by CARIN SMITH. (AGARWAL, SHALINI) (Entered: 04/10/2024)
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April 10, 2024
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April 10, 2024
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 73 Stipulation of Dismissal BY CARIN SMITH. (jfj)
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April 11, 2024
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April 11, 2024
PACER
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74
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ORDER OF PARTIAL DISMISSAL. Based on the stipulation of dismissal by Carin Smith (Doc. 73 ), it is ORDERED that all claims asserted by Ms. Smith on behalf of herself and her minor children are dismissed with prejudice under Fed. R. Civ. P. 41(a)(1)(A) (ii) and/or Fed. R. Civ. P. 21, and the Clerk shall terminate Ms. Smith as a party in CM/ECF. Signed by JUDGE T KENT WETHERELL II on 04/11/24. (jfj) (Entered: 04/11/2024)
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April 11, 2024
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April 11, 2024
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75
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MOTION to Appear Pro Hac Vice by Ori Lev.( Filing fee $ 219 receipt number AFLNDC-8781149.) by SARAH BRANNEN, LINDSAY DURTSCHI, BENJAMIN GLASS, GEORGE M JOHNSON, DAVID LEVITHAN, KYLE LUKOFF, ANN NOVAKOWSKI, SEAN PARKER, PEN AMERICAN CENTER INC, PENGUIN RANDOM HOUSE LLC, ASHLEY HOPE PEREZ, ERICA ROY, CHRISTOPHER SCOTT SATTERWHITE. (LEV, ORI) (Entered: 04/26/2024)
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April 26, 2024
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April 26, 2024
RECAP
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 75 MOTION to Appear Pro Hac Vice by Ori Lev. (jfj)
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April 29, 2024
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April 29, 2024
PACER
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76
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ORDER. This case is before the Court based on the motion for leave to appear pro hac vice filed by attorney Ori Lev (Doc. 75 ). The motion is GRANTED, and attorney Ori Lev is authorized to appear pro hac vice for Plaintiffs. Signed by JUDGE T KENT WETHERELL II on 04/29/24. (jfj) (Entered: 04/29/2024)
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April 29, 2024
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April 29, 2024
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77
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Joint MOTION Entry of Confidentiality Order by ESCAMBIA COUNTY SCHOOL BOARD. (Attachments: # 1 Text of Proposed Order Stipulated Confidentiality Order) (SMITH, NICOLE) (Entered: 04/30/2024)
1 Text of Proposed Order Stipulated Confidentiality Order
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April 30, 2024
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April 30, 2024
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78
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Joint MOTION Entry of Stipulation Governing Production and Use of Electronically Stored Information by ESCAMBIA COUNTY SCHOOL BOARD. (Attachments: # 1 Text of Proposed Order Stipulation Governing Production and Use of Electronically Stored Information) (SMITH, NICOLE) (Entered: 04/30/2024)
1 Text of Proposed Order Stipulation Governing Production and Use of Electronicall
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April 30, 2024
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April 30, 2024
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ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: 77 Joint MOTION for Entry of Confidentiality Order. (jfj)
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May 1, 2024
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May 1, 2024
PACER
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