Case: Yelapi v. DeSantis

COMPLAINT against RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR ( Filing fee $ 400 receipt number AFLNDC-5483040.), filed by MICHAEL YELAPI, JULIA MICHALKA, JAIME MARIONA, PATRICIA SANCHEZ, DISABILITY RIGHTS FLORIDA. (Attachments: # 1 Civil Cover Sheet, # 2 Summons) (EVERSOLE, LAUREN) (Entered: 07/13/2020)

DOCKET ANNOTATION BY COURT: Attorney LAUREN BRITTANY EVERSOLE Re 1 COMPLAINT- Counsel is advised by this entry, in future case openings, the Civil Cover Sheet should be filed as a separate entry using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents". Further, for future case openings: Please review the procedures in the "Style Guide for Electronic Case Filing" and/or Chapter 10 of the "CM/ECF Attorney User's Guide", (both available on the clerk's website). (blb) (Entered: 07/14/2020)

Summons Issued as to RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR. (blb) (Entered: 07/14/2020)

MOTION for Preliminary Injunction by DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI. (Attachments: # 1 Exhibit Exhibits, Affidavit, Declarations) (EVERSOLE, LAUREN) (Entered: 07/14/2020)

ORDER SETTING TELEPHONIC HEARING signed by JUDGE ALLEN C WINSOR on 7/15/20. The court will hold a telephonic hearing on Friday, July 17, 2020. The courtroom deputy will issue a notice of hearing with call-in information and the time. The hearings purpose will be to address the procedures for resolving the 4 MOTION for Preliminary Injunction . The hearing will not be on the motions merits. (tss) (Entered: 07/15/2020)

NOTICE of Appearance by NICHOLAS ALLEN PRIMROSE on behalf of All Defendants (PRIMROSE, NICHOLAS) (Entered: 07/16/2020)

JOINT MOTION TO REQUEST POSTPONEMENT OF HEARING by DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI. (EVERSOLE, LAUREN) Modified Title on 7/17/2020 (blb). (Entered: 07/16/2020)

ORDER RESCHEDULING HEARING AND GRANTING 7 JOINT MOTION signed by JUDGE ALLEN C WINSOR on 7/16/20. The clerk will reset the telephonic hearing for July 31, 2020, at 10:00 a.m. (tss) (Entered: 07/16/2020)

NOTICE of Telephonic Hearing on Motion 4 MOTION for Preliminary Injunction Telephonic Motion Hearing set for 7/31/2020 at 10:00 AM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. However, the Court also understands that under the current circumstances, a cell phone may be all that is available. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) (Entered: 07/16/2020)

WAIVER OF SERVICE Returned Executed by MICHAEL YELAPI, JULIA MICHALKA, JAIME MARIONA, PATRICIA SANCHEZ, DISABILITY RIGHTS FLORIDA. RONALD DESANTIS waiver sent on 7/16/2020, answer due 9/14/2020; EXECUTIVE OFFICE OF THE GOVERNOR waiver sent on 7/16/2020, answer due 9/14/2020. (EVERSOLE, LAUREN) (Entered: 07/21/2020)

NOTICE of Appearance by BLAINE H WINSHIP on behalf of RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR (WINSHIP, BLAINE) (Entered: 07/21/2020)

Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Telephonic Motion Hearing held on 7/31/2020 re 4 MOTION for Preliminary Injunction - written order to follow(Court Reporter Lisa Snyder, USDC Tallahassee) (tss) (Entered: 07/31/2020)

NOTICE of Hearing on Motion 4 MOTION for Preliminary Injunction Motion Hearing set for 9/3/2020 at 09:00 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. Two days have been reserved. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn StarkCourtroom Deputy Clerk to the Honorable Allen Winsor (tss) (Entered: 07/31/2020)

NOTICE OF TELEPHONIC HEARING Telephonic Status Conference set for 8/24/2020 at 10:00 AM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. However, the Court also understands that under the current circumstances, a cell phone may be all that is available. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) (Entered: 07/31/2020)

ORDER REGARDING PRELIMINARY INJUNCTION MOTION signed by JUDGE ALLEN C WINSOR on 7/31/20. Defendants deadline to respond to the preliminary injunction motion is 8/21/2020. Plaintiffs may file a reply no later than 8/28/2020. The preliminary injunction hearing is set for 9/3/2020 at 09:00 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. Two days are reserved. Defendants deadline to respond to the complaint is extended to 9/18/2020. The clerk will set a telephonic hearing for the week of August 24 to address hearing procedures and other outstanding matters. (tss) (tss). (Entered: 07/31/2020)

MOTION to Appear Pro Hac Vice by Leah Wiederhorn.( Filing fee $ 201 receipt number AFLNDC-5572565.) by JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI. (Attachments: # 1 Exhibit Exhibit A, Certificate of Good Standing) (WIEDERHORN, LEAH) (Entered: 08/10/2020)

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: 16 MOTION to Appear Pro Hac Vice by Leah Wiederhorn - Referred to MARTIN A FITZPATRICK. (tss)

ORDER. It is ORDERED that the motion for leave to appear prohac vice, ECF No. 16, is GRANTED. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 8/11/20. (blb) (Entered: 08/11/2020)

MOTION to Withdraw as Attorney by RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR. (PRIMROSE, NICHOLAS) (Entered: 08/17/2020)

NOTICE of Appearance by COLLEEN M ERNST on behalf of RONALD DESANTIS (ERNST, COLLEEN) (Entered: 08/17/2020)

ORDER GRANTING LEAVE TO WITHDRAW. Nicholas Primrose's unopposed motion for leave to withdraw (ECF No. 18 ) is GRANTED. Mr. Primrose is relieved of further obligations in this case. Signed by JUDGE ALLEN C WINSOR on 8/20/20. (blb) (Entered: 08/20/2020)

RESPONSE to Motion re 4 MOTION for Preliminary Injunction filed by RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR. (WINSHIP, BLAINE) (Entered: 08/21/2020)

Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Telephonic Status Conference held on 8/24/2020 - 10:05 to 10:20 a.m. - Leah Wiederhorn, Lauren Eversole, Ann Marie Cintron-Siegel present for the Plaintiffs and Blaine Winship and Colleen Ernest present for the Defendants - reply due 8/31/20 - hearing moved to telephonic to take place on 9/4/20 beginning at 2:00 p.m. - written order to follow (Court Reporter Lisa Snyder, USDC Tallahassee.) (tss) (Entered: 08/24/2020)

ORDER REGARDING PRELIMINARY INJUNCTION HEARING. This order confirms what was decided at today's telephonic hearing. Plaintiffs' deadline to file its reply is extended to 8/31/2020. The preliminary injunction hearing, which will not include presentation of evidence, is moved to September 4, 2020, at 2:00 p.m. The clerk will distribute call-in information. Signed by JUDGE ALLEN C WINSOR on 8/24/20. Telephonic hearing set for 9/4/2020 02:00 PM before JUDGE ALLEN C WINSOR. (blb) (Entered: 08/24/2020)

NOTICE of Telephonic Hearing on Motion 4 MOTION for Preliminary Injunction Telephonic Motion Hearing set for 9/4/2020 at 02:00 PM before JUDGE ALLEN C WINSOR. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the call up to five minutes before start time. Call in number: 877 873 8018 When prompted for an access code, enter: 6109198# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 7020# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel try NOT use cell phones or speaker phones during the call as the quality of the audioconnection is compromised by these devices. However, the Court also understands that under the current circumstances, a cell phone may be all that is available. Note: If you or any party, witness or attorney in this matter has a disability that requires special accommodations, such as a hearing impairment that requires a sign-language interpreter or a wheelchair restriction that requires ramp access, please contact the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/TiAnn Stark Courtroom Deputy Clerk (tss) (Entered: 08/24/2020)

REPLY to Response to Motion re 4 MOTION for Preliminary Injunction filed by DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI. (EVERSOLE, LAUREN) (Entered: 08/31/2020)

Minute Entry for proceedings held before JUDGE ALLEN C WINSOR:Motion Hearing held on 9/4/2020 re 4 MOTION for Preliminary Injunction filed by MICHAEL YELAPI, JULIA MICHALKA, JAIME MARIONA, DISABILITY RIGHTS FLORIDA, PATRICIA SANCHEZ - arguments presented - written order to follow (Court Reporter Lisa Snyder (USDC-Tallahassee)) (tss) (Entered: 09/04/2020)

NOTICE of Filing Copy of Preliminary Injunction Order from Martinez v. Cuomo by DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI (EVERSOLE, LAUREN) (Entered: 09/04/2020)

NOTICE of Filing NAD v. Trump Opinion and Order by DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI (EVERSOLE, LAUREN) (Entered: 09/09/2020)

RESPONSE TO PLAINTIFFS' NOTICE 28 OF FILING SUPPLEMENTAL AUTHORITY by RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR (WINSHIP, BLAINE) Modified Title on 9/13/ 2020 (blb). (Entered: 09/11/2020)

ORDER DENYING 4 MOTION FOR PRELIMINARY INJUNCTION signed by JUDGE ALLEN C WINSOR on 9/15/20. A scheduling order will issue separately. (tss) (Entered: 09/15/2020)

INITIAL SCHEDULING ORDER signed by JUDGE ALLEN C WINSOR on 9/15/20. (Attachments: # 1 Consent to Magistrate) Rule 26 Meeting Report due by 10/19/2020. Discovery due by 3/10/2021. Jury Trial set for 7/7/2021 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. (tss) (Entered: 09/16/2020)

MOTION to Dismiss Complaint by RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR. (Internal deadline for referral to judge if response not filed earlier: 10/2/2020). (WINSHIP, BLAINE) (Entered: 09/18/2020)

CONSENTED MOTION to Extend Time to File Response to Motion to Dismiss by DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI. (WIEDERHORN, LEAH) Modified Title on 9/24/2020 (blb). (Entered: 09/23/2020)

ORDER GRANTING MOTION FOR EXTENSION. Plaintiffs' unopposed motion for an extension (ECF No. 33 ) is GRANTED. Plaintiffs' deadline to respond to Defendants' motion to dismiss (ECF No. 32 ) is extended to 10/9/2020. Signed by JUDGE ALLEN C WINSOR on 9/25/20. (blb) (Entered: 09/25/2020)

FIRST AMENDED COMPLAINT against RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR, FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, John Thrasher, filed by MICHAEL YELAPI, JULIA MICHALKA, JAIME MARIONA, PATRICIA SANCHEZ, DISABILITY RIGHTS FLORIDA, CARLOS APONTE. (EVERSOLE, LAUREN) (Entered: 10/09/2020)

RESPONSE to Motion re 32 MOTION to Dismiss Complaint filed by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI. (EVERSOLE, LAUREN) (Entered: 10/09/2020)

ORDER DENYING MOTION TO DISMISS AS MOOT. Defendants moved to dismiss the complaint on September 18, 2020. ECF No. 32 . Plaintiffs then filed an amended complaint, ECF No. 35, so Defendants' motion to dismiss is DENIED as moot. Signed by JUDGE ALLEN C WINSOR on 10/13/20. (blb) (Entered: 10/13/2020)

NOTICE Civil Summons by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI (EVERSOLE, LAUREN) (Entered: 10/16/2020)

NOTICE Civil Summons by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI (EVERSOLE, LAUREN) (Entered: 10/16/2020)

NOTICE Civil Summons by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI (EVERSOLE, LAUREN) (Entered: 10/16/2020)

Summons Issued as to FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, (Attachments: # 1 JOHN THRASHER, and # 2 BETH SWITZER) (blb) (Entered: 10/19/2020)

ORDER REGARDING SCHEDULE. The Initial Scheduling Order imposed an October 19 deadline for the parties' Rule 26(f) report. ECF No. 31 2. None has been filed. In the meantime, though, the Plaintiffs have amended their complaint, adding new parties. Once the new parties have been served, all parties must conduct the Rule 26(f) conference the Initial Scheduling Order anticipated, and they must promptly file a Rule 26(f) report. If they have not filed the report by 11/20/2020, Plaintiff must file a status report no later than that day, indicating the status of service and of the parties' efforts to conduct the planning conference. Signed by JUDGE ALLEN C WINSOR on 10/20/20. (blb) (Entered: 10/20/2020)

MOTION to Dismiss First Amended Complaint by RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR. (Internal deadline for referral to judge if response not filed earlier: 11/6/2020). (WINSHIP, BLAINE) (Entered: 10/23/2020)

Amended MOTION to Dismiss the First Amended Complaint by RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR. (Internal deadline for referral to judge if response not filed earlier: 11/6/2020). (WINSHIP, BLAINE) (Entered: 10/23/2020)

AFFIDAVIT of Service for Amended Complaint and Civil Summons served on FSU Board of Trustees, John Thrasher in his Official Capacity and the Florida Channel on October 19, 2020 and October 20, 2020, filed by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI. (Attachments: # 1 Affidavit) (EVERSOLE, LAUREN) (Entered: 10/26/2020)

MEMORANDUM in Opposition re 44 Amended MOTION to Dismiss the First Amended Complaint filed by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI. (Attachments: # 1 Exhibit) (EVERSOLE, LAUREN) (Entered: 11/06/2020)

MOTION to Strike Affidavit by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI. (Internal deadline for referral to judge if response not filed earlier: 11/20/2020). (EVERSOLE, LAUREN) Modified on 11/8/2020 (blb). *Case number on pleading missing a digit (listed as 35 s/b 351) (Entered: 11/06/2020)

NOTICE of Appearance by MIRIAM REBEKKAH COLES on behalf of FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, JOHN THRASHER (COLES, MIRIAM) (Entered: 11/09/2020)

MOTION to Dismiss by FLORIDA STATE UNIVERSITY BOARD OF TRUSTEES, JOHN THRASHER. (Internal deadline for referral to judge if response not filed earlier: 11/23/2020). (COLES, MIRIAM) (Entered: 11/09/2020)

NOTICE of Filing Supplemental Authority to Plaintiffs' Memorandum in Opposition to Defendants' Amended Motion to Dismiss by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI (EVERSOLE, LAUREN) (Entered: 11/12/2020)

NOTICE OF SUPPLEMENTAL AUTHORITY by RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR re 44 Amended MOTION to Dismiss the First Amended Complaint (WINSHIP, BLAINE) Modified Title on 11/13/2020 (blb). (Entered: 11/12/2020)

RESPONSE to Motion re 47 MOTION to Strike Affidavit filed by RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR. (WINSHIP, BLAINE) (Entered: 11/20/2020)

NOTICE of Status Report on Rule 26(f) Conference by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI (EVERSOLE, LAUREN) (Entered: 11/20/2020)

RESPONSE in Opposition re 49 MOTION to Dismiss Plaintiffs' First Amended Complaint filed by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI. (EVERSOLE, LAUREN) (Entered: 11/23/2020)

REPORT of Rule 26(f) Planning Meeting. (EVERSOLE, LAUREN) (Entered: 12/04/2020)

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: 55 Report of Rule 26(f) Planning Meeting. (blb)

SCHEDULING AND MEDIATION ORDER entered pursuant to 55 Report of Rule 26(f) Planning Meeting signed by JUDGE ALLEN C WINSOR on 12/9/20. Discovery due by 5/28/2021. Mediation Report due by 6/25/2021. Bench Trial reset for 8/4/2021 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE ALLEN C WINSOR. Case referred to mediation. (tss) (Entered: 12/10/2020)

Corporate Disclosure Statement/Certificate of Interested Persons by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI. (EVERSOLE, LAUREN) (Entered: 12/11/2020)

Corporate Disclosure Statement/Certificate of Interested Persons by RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR. (WINSHIP, BLAINE) (Entered: 12/11/2020)

NOTICE of Supplemental Authority to Plaintiffs' Memorandum in Opposition to Defendants' Motions to Dismiss by CARLOS APONTE, DISABILITY RIGHTS FLORIDA, JAIME MARIONA, JULIA MICHALKA, PATRICIA SANCHEZ, MICHAEL YELAPI (Attachments: # 1 Exhibit) (EVERSOLE, LAUREN) (Entered: 01/13/2021)

RESPONSE by RONALD DESANTIS, EXECUTIVE OFFICE OF THE GOVERNOR re 59 Notice (Other), . (WINSHIP, BLAINE) (Entered: 01/14/2021)