Case: Landow v. School Board of Brevard County

6:97-cv-01463 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 29, 1997

Closed Date: 2001

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Case Summary

This case record includes documents from three separately-filed federal lawsuits: Daniels v. Brevard County School Board, Hartley v. Brevard County School Board, and Landow v. Brevard County School Board, filed in that order, in 1997, in the United States District Court for the Middle District of Florida .Daniels, the first case, was filed on September 29, 1997, by a plaintiff on behalf of his two minor daughters; he alleged violations of Title IX of the Education Amendments of 1972, 20 U.S.C. …

Daniels, the first case, was filed on September 29, 1997, by a plaintiff on behalf of his two minor daughters; he alleged violations of Title IX of the Education Amendments of 1972, 20 U.S.C. §§ 1681 et seq. and state law by the School Board. Represented by private counsel, Daniels asked for preliminary injunctive relief to improve the Merritt Island High School ("MIHS") softball field, claiming unlawful discrimination against the girls' softball team, compared to the boys' baseball programs at MIHS.

On November 25, 1997, the Court (District Judge Anne C. Conway) determined that the Board was violating Title IX and state law and granted plaintiff's request for a preliminary injunction. In its Order, the Court identified specific inequalities, including electronic score-board, batting cage, bleachers, signs, bathroom facilities, concession stand/press box/announcer's booth, and field lighting. Without entering an injunction that day, the Court directed the parties to submit plans describing proposed remedies to the deficiencies it had identified. Daniels v. Sch. Bd. of Brevard Cnty., 985 F.Supp. 1458 (M.D. Fla. 1997).

Before responses to the Court's November 25th order were due, on December 4, 1997, the Daniels plaintiff joined with other parents who, on behalf of their minor daughters and others similarly situated and represented by private counsel, filed the Landow action, a separate class action suit under Title IX and state law, challenging SBBC's treatment of girls' softball, county-wide. In this second suit, plaintiffs complained, inter alia, of the fact that three of the ten high schools in Brevard County had boys' baseball fields, but no girls' softball fields.

On December 9, 1997, Daniels amended his earlier-filed complaint, adding class action allegations, seeking to make his daughters representatives of a class of those similarly situated.

Finally, the Hartley action was filed on December 10, 1997, by another group of plaintiffs on behalf of their minor daughters and others similarly situated, also under Title IX and state law. This third lawsuit also challenged SBBC's treatment of girls' softball on a county-wide basis.

Back in the Daniels case, on December 23, 1997, the Court (Judge Conway) entered the promised preliminary injunction against the Board. Noting that, as a result of the Landow and Harley cases, the Title IX focus had expanded from the softball facilities at one high school to girls' softball programs throughout Brevard County; that these cases presumably sought to force, inter alia, the construction of softball fields at three other high schools; and that the potential financial impact on the School Board had been "dramatically alter[ed];" the Court could not reasonably determine the amount of additional funds the Board should be required to expend to remedy the inequities at MIHS. Accordingly, with the exception of lighting on the MIHS girls' softball field, which SBBC had already committed to install, the Court imposed only injunctive measures that did not require additional funding, including making changes to signage and improving girls' access to extant facilities and equipment. Daniels v. Sch. Bd. of Brevard Cnty., 995 F.Supp. 1394 (M.D. Fla. 1997). On April 22, 1998, the Court (Judge Conway) granted Daniels' attorneys' interim fees totaling $15,958.12.

In the meantime, on January 5, 1998, Judge Conway ordered Hartley and Landow temporarily consolidated, to decide whether either or both should be accorded class treatment. On April 24, 1998, Judge Conway denied the motion for class certification in Hartley and dismissed it (without prejudice). At the same time, Judge Conway granted class certification in Landow and ordered it consolidated with Daniels for all purposes, including trial, with all future pleadings and papers to be filed only in Landow.

The Court (Judge Conway) awarded plaintiffs' counsel an additional $2,437.50 in interim attorneys' fees on May 19, 1998.

Nearly two years passed, and, due to improved conditions at Brevard County high schools, on March 30, 2000, the parties filed a joint stipulation, substantially narrowing their dispute to conditions at just two of them.

On September 12, 2000, Judge Conway ordered that the order and preliminary injunction entered on December 23, 1997 be dissolved; that Daniels be closed; and that any remaining issues in Daniels, including attorneys' fees, be addressed in Landow.

On December 15, 2000, following a bench trial, the Court (Judge Conway) ordered that SBBC had violated Title IX and state law by virtue of disparities between the boys' baseball and girls' softball programs at the two high schools at issue. As a result, the Court determined that plaintiffs were entitled to injunctive relief and directed the parties to submit a joint plan for remedying the inequalities identified in the Court's order, or, if they could not reach agreement, to file separate proposals. Landow v. Sch. Bd. of Brevard County, 132 F.Supp.2d 958 (M.D. Fla. 1997). In accordance with this direction, on March 5, 2001, the parties submitted a stipulated joint plan, under which new softball fields were to be constructed at the two high schools at issue. These fields and their associated amenities were to be substantially equivalent to those provided to the boys' baseball teams at those high schools. On March 7, 2001, Judge Conway approved this plan, and permanently enjoined defendants to carry it out. The case was closed.

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Summary Authors

Heather Turner (6/1/2014)

People

Judge(s)

Baker, David A. (Florida)

Conway, Anne C. (Florida)

Glazebrook, James G. (Florida)

Attorney for Plaintiff

Attorney for Defendant

Bell, Michael M. (Florida)

Bowling, Michael H. (Florida)

Judge(s)

Baker, David A. (Florida)

Conway, Anne C. (Florida)

Glazebrook, James G. (Florida)

Spaulding, Karla R. (Florida)

Attorney for Plaintiff

Roberts, Charles J. (Florida)

Tietig, Lisa Kuhlman (Florida)

Zebersky, Edward H. (Florida)

Attorney for Defendant

Bell, Michael M. (Florida)

Bowling, Michael H. (Florida)

Slater, Jeffrey Graham (Florida)

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Documents in the Clearinghouse

	Document
6:97-cv-01186	Docket (PACER) Daniels v. School Board of Brevard County	Sept. 12, 2000	Sept. 12, 2000 Docket
6:97-cv-01463	Docket [PACER] Landow v. School Board	May 22, 2003	May 22, 2003 Docket
6:97-cv-01492	Docket [PACER] Hartley v. School Board of Brevard County	Feb. 5, 2004	Feb. 5, 2004 Docket
28 6:97-cv-01492	Order Granting Preliminary Injunction Daniels v. School Board of Brevard County	Nov. 25, 1997	Nov. 25, 1997 Order/Opinion 985 F.Supp. 985
5 6:97-cv-01463	First Amended Class Action Complaint; Injunctive Relief Daniels v. School Board of Brevard County	Dec. 9, 1997	Dec. 9, 1997 Complaint
32 6:97-cv-01186	Order and Preliminary Injunction Daniels v. School Board of Brevard County	Dec. 23, 1997	Dec. 23, 1997 Order/Opinion 995 F.Supp. 995
58 6:97-cv-01186	Order [Dissolving Preliminary Injunction] Daniels v. School Board	Sept. 12, 2000	Sept. 12, 2000 Order/Opinion
171 6:97-cv-01463	Memorandum Decision and Order [To Enter Joint Plan]	Dec. 15, 2000	Dec. 15, 2000 Order/Opinion 132 F.Supp.2d 132
174 6:97-cv-01463	Final Order and Permanent Injunction	March 7, 2001	March 7, 2001 Order/Opinion 2001 WL 2001
188 6:97-cv-01463	Order & Opinion [Granting in Part and Denying in Part Defendants' Motion for Extension of Deadlines Set Forth in Preliminary Injunction] Landow v. Sch. Brd. of Brevard Cnty.	March 28, 2001	March 28, 2001 Order/Opinion 2001 WL 2001

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Docket

Last updated March 15, 2024, 3 a.m.

ECF Number	Description	Date	Link Date / Link
1	CLASS ACTION COMPLAINT filed with injunctive relief sought based upon unequal educational opportunities of girls in the Brevard County public schools (jrm) (Entered: 12/05/1997)	Dec. 4, 1997	Dec. 4, 1997
	MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: David A. Baker (jrm) (Entered: 12/05/1997)	Dec. 4, 1997	Dec. 4, 1997
	FILING FEE PAID. (Filing Fee $ 150.00 Receipt # 67540) (jrm) (Entered: 12/05/1997)	Dec. 4, 1997	Dec. 4, 1997
	SUMMONS issued for School Board/Brevard. Consent(s) issued. (jrm) (Entered: 12/05/1997)	Dec. 4, 1997	Dec. 4, 1997
2	CERTIFICATE OF COMPLIANCE (notice of pendency) by Daniel Daniels with Local Rule 1.04(c) − related to 97−1186−Civ−Orl−22 (jrm) (Entered: 12/05/1997)	Dec. 4, 1997	Dec. 4, 1997
3	MOTION by Daniel Daniels to certify class action . (map) (Entered: 12/09/1997)	Dec. 9, 1997	Dec. 9, 1997
4	MEMORANDUM by Daniel Daniels in support of [3−1] motion to certify class action. (map) (Entered: 12/09/1997)	Dec. 9, 1997	Dec. 9, 1997
5	AMENDED COMPLAINT by Daniel Daniels amending [1−1] complaint. (map) (Entered: 12/10/1997)	Dec. 9, 1997	Dec. 9, 1997
6	RETURN OF SERVICE executed as to School Board/Brevard on 12/5/97; Answer due on 12/26/97 for School Board/Brevard. (map) (Entered: 12/11/1997)	Dec. 11, 1997	Dec. 11, 1997
7	NOTICE of designation under Local Rule 3.05 − TRACK 2. (ctc) (nrs) (Entered: 12/15/1997)	Dec. 15, 1997	Dec. 15, 1997
8	NOTICE of attorney appearance for School Board/Brevard by Jeffrey Graham Slater. (nrs) (Entered: 12/18/1997)	Dec. 18, 1997	Dec. 18, 1997
9	MOTION by School Board/Brevard with memorandum in support to extend time within which to respond to "Plaintiffs' dispositive motion to maintain case as class action ." referred to Magistrate Judge David A. Baker. (nrs) (Entered: 12/18/1997)	Dec. 18, 1997	Dec. 18, 1997
10	NOTICE re: Local Rule 3.01(g) and Motion to Maintial Case as Class Action by Daniel Daniels. (map) (Entered: 12/19/1997)	Dec. 19, 1997	Dec. 19, 1997
11	NOTICE of Magis. Judge reassignment (cbh) (Entered: 12/22/1997)	Dec. 22, 1997	Dec. 22, 1997
	MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Karla R. Spaulding (cbh) (Entered: 12/22/1997)	Dec. 22, 1997	Dec. 22, 1997
12	ANSWER and affirmative defenses by School Board/Brevard to first amended complaint. (nrs) (Entered: 12/23/1997)	Dec. 23, 1997	Dec. 23, 1997
13	DEMAND for jury trial by School Board/Brevard (nrs) (Entered: 12/23/1997)	Dec. 23, 1997	Dec. 23, 1997
14	MEMORANDUM by Daniel Daniels in opposition to [9−1] motion to extend time within which to respond to "Plaintiffs' dispositive motion to maintain case as class action (nrs) (Entered: 12/24/1997)	Dec. 24, 1997	Dec. 24, 1997
15	ORDER consolidating this case with 97−1492−CIV−ORL−22 for the sole purpose of determining whether the two cases should be accorded class action treatment. ( Signed by Judge Anne C. Conway ) ctc (map) (Entered: 01/05/1998)	Jan. 5, 1998	Jan. 5, 1998
16	MOTION by Daniel Daniels for preliminary injunction and request for prompt hearing . (map) (Entered: 01/08/1998)	Jan. 8, 1998	Jan. 8, 1998
17	MEMORANDUM by Daniel Daniels in support of [16−1] motion for preliminary injunction, [16−2] motion for prompt hearing. (map) (Entered: 01/08/1998)	Jan. 8, 1998	Jan. 8, 1998
18	MOTION by School Board/Brevard to extend time to respond to plaintiffs' motion for class certification referred to Magistrate Judge David A. Baker. (map) (Entered: 01/08/1998)	Jan. 8, 1998	Jan. 8, 1998
19	RESPONSE by School Board/Brevard to [16−1] motion for preliminary injunction, [16−2] motion for prompt hearing. (map) (Entered: 01/08/1998)	Jan. 8, 1998	Jan. 8, 1998
20	ORDER granting [9−1] motion to extend time within which to respond to "Plaintiffs' dispositive motion to maintain case as class action; Response to motion reset to 1/15/98 for [3−1] motion to certify class action . ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (map) (Entered: 01/09/1998)	Jan. 9, 1998	Jan. 9, 1998
	Motions no longer referred: [18−1] motion to extend time to respond to plaintiffs' motion for class certification. (map) (Entered: 01/12/1998)	Jan. 12, 1998	Jan. 12, 1998
21	ORDER granting [18−1] motion to extend time to respond to plaintiffs' motion for class certification: Response to motion reset to 3/30/98 for [3−1] motion to certify class action ; denying with leave to refile [16−1] motion for preliminary injunction and [16−2] motion for prompt hearing. ( Signed by Judge Anne C. Conway ) ctc (map) (Entered: 01/15/1998)	Jan. 15, 1998	Jan. 15, 1998
22	MOTION by School Board/Brevard with memorandum in support for reconsideration of [20−1] order Response to motion reset to 1/15/98 for [3−1] motion to certify class action referred to Magistrate Judge Karla R. Spaulding. (map) (Entered: 01/16/1998)	Jan. 15, 1998	Jan. 15, 1998
23	ORDER granting [22−1] motion for reconsideration of [20−1] order: plaintiff shall file response to [3−1] motion to certify class action the earlier fo March 30, 1998 or 20 days after the date on which the plaintiffs 97−1492−CIV−ORL−22A file a motion to maintain that case as a class action. ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (map) (Entered: 01/23/1998)	Jan. 22, 1998	Jan. 22, 1998
24	MOTION by Daniel Daniels with memorandum in support to postpone filing of case management report referred to Magistrate Judge Karla R. Spaulding. (map) (Entered: 02/20/1998)	Feb. 20, 1998	Feb. 20, 1998
	ENDORSED ORDER denying [24−1] motion to postpone filing of case management report ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (lak) (Entered: 02/24/1998)	Feb. 24, 1998	Feb. 24, 1998
25	CASE MANAGEMENT REPORT. (lak) (Entered: 03/05/1998)	March 4, 1998	March 4, 1998
26	CASE MANAGEMENT AND SCHEDULING ORDER setting Joining of parties, amending of pleadings on 12/31/98; Deadline for filing of motions 12/17/99; Discovery cutoff 9/1/99; Pretrial statement due on or before 12/17/99; Jury Trial set for 2/1/00 before Judge Anne C. Conway. ( signed by Judge Anne C. Conway ) ctc (map) (Entered: 03/12/1998)	March 12, 1998	March 12, 1998
28	RESPONSE by School Board/Brevard to [3−1] motion to certify class action. (map) (Entered: 03/17/1998)	March 17, 1998	March 17, 1998
29	ORDER granting [3−1] motion to certify class action; the class is certified as "All girls currently and directly participating in the varsity and junior varsity softball programs at the ten high schools operated by the School Board of Brevard County, and those girls who are expected to directly participate in such softball programs in the future." Granting [27−1] motion to consolidate cases 97−1463−CIV−ORL−22A and 97−1186−CIV−ORL−22A for all purposes, including trial with all future pleadins and papers being filed only in this case. ( Signed by Judge Anne C. Conway ctc (map) (Entered: 04/27/1998)	April 24, 1998	April 24, 1998
	Consolidated Lead Case (map) (Entered: 04/27/1998)	April 24, 1998	April 24, 1998
30	MOTION by Daniel Daniels for reconsideration of partial denial of interim attorneys fees. Original order dated 4/22/98 is in case 97−1186−Civ−Orl−22. This case, 97−1463−Civ−Orl−22 is now the lead case in a consolidated class action suit. (lak) (Entered: 05/08/1998)	May 8, 1998	May 8, 1998
31	MEMORANDUM by Daniel Daniels in support of [30−1] motion for reconsideration of partial denial of interim attorneys fees. (lak) (Entered: 05/08/1998)	May 8, 1998	May 8, 1998
32	AFFIDAVIT of Lisa Kuhlman Tietig by Daniel Daniels Re: [31−1] support memorandum (lak) (Entered: 05/08/1998)	May 8, 1998	May 8, 1998
33	RESPONSE by School Board/Brevard to [30−1] motion for reconsideration of partial denial of interim attorneys fees. (hsh) (Entered: 05/13/1998)	May 12, 1998	May 12, 1998
34	MEMORANDUM of Law by School Board/Brevard in support of [33−1] motion response to Plaintiffs' motion for reconsideration of partial denial of interim attorney's fees (hsh) (Entered: 05/13/1998)	May 12, 1998	May 12, 1998
35	ORDER granting in part, denying in part [30−1] motion for reconsideration of partial denial of interim attorneys fees; plaintiffs' counsel are awarded the additional sum of $2,437.50 in interim attorneys' fees. ( Signed by Judge Anne C. Conway ) ctc (map) (Entered: 05/19/1998)	May 19, 1998	May 19, 1998
36	MOTION by School Board/Brevard to extend time within which to respond to Plaintiffs' First Set of Interrogatories . Referred to Magistrate Judge Karla R. Spaulding. Karla R. Spaulding (nrs) (Entered: 05/27/1998)	May 27, 1998	May 27, 1998
37	JOINT STIPULATION AND MOTION by School Board/Brevard to substitute attorney referred to Magistrate Judge Karla R. Spaulding. (map) (Entered: 06/03/1998)	June 2, 1998	June 2, 1998
	ENDORSED ORDER granting [36−1] motion to extend time within which to respond to Plaintiffs' First Set of Interrogatories. ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (map) (Entered: 06/08/1998)	June 5, 1998	June 5, 1998
	ENDORSED ORDER granting [37−1] motion to substitute attorney; terminated attorney Jeffrey Graham Slater for School Board/Brevard and added Michael M. Bell. ( Signed by Magistrate Judge Karla R. Spaulding ) ctc (map) (Entered: 06/08/1998)	June 8, 1998	June 8, 1998
38	MOTION by Daniel Daniels for preliminary injunction and... (maa) (Entered: 06/25/1998)	June 25, 1998	June 25, 1998
38	... REQUEST for promt hearing by Daniel Daniels re: [38−1] motion for preliminary injunction. (maa) (Entered: 06/25/1998)	June 25, 1998	June 25, 1998
39	MEMORANDUM by Daniel Daniels in support of [38−1] motion for preliminary injunction. (maa) (Entered: 06/25/1998)	June 25, 1998	June 25, 1998
41	ORDER denying [40−1] defendant's motion to extend time for serving all papers and affidavits in support of a preliminary injunction from 5 days to 20 days. Plaintiffs shall file a proposed preliminary injunction by 07−31−98. Defendant shall file an opposition by 08−07−98. Plaintiffs shall have until 08−14−98 to file any further affidavits and other evidentiary materials in support. If necessary, the Court will schedule a hearing. (Signed by Judge Anne C. Conway 07−22−98) ctc (jrm) (Entered: 07/23/1998)	July 23, 1998	July 23, 1998
42	MOTION by Daniel Daniels with memorandum in support to compel answers to interrogatories referred to Magistrate Judge Karla R. Spaulding. (maa) (Entered: 07/27/1998)	July 27, 1998	July 27, 1998
43	MEMORANDUM by School Board/Brevard in opposition to [42−1] motion to compel answers to interrogatories. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
44	MEMORANDUM by School Board/Brevard in opposition to [38−1] motion for preliminary injunction. (photo exhibits filed separately) (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
45	AFFIDAVIT of William J. Dugan by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
46	AFFIDAVIT of Leslie P. Vann by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
47	AFFIDAVIT of Tom McIntyre by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
48	AFFIDAVIT of Robert L. Petty by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
49	AFFIDAVIT of Dino Colona by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
50	AFFIDAVIT of Charlie Shack by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
51	AFFIDAVIT of Ken Lunderman by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
52	AFFIDAVIT of Barbara Rodrigues by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
53	AFFIDAVIT of Donald L. Beggs by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
54	AFFIDAVIT of Don Shannon by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
55	AFFIDAVIT of Jeanne L. Andrews by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
56	AFFIDAVIT of Daniel Diesel by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
57	AFFIDAVIT of Ronald Philpot by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
58	AFFIDAVIT of Brian D. Eubanks by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
59	AFFIDAVIT of Ed Curry by School Board/Brevard Re: [44−1] opposition memorandum. (maa) (Entered: 08/07/1998)	Aug. 7, 1998	Aug. 7, 1998
60	OBJECTION by Daniel Daniels to evidence supporting [44−1] opposition memorandum. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
62	AFFIDAVIT of Kristin Ainsworth by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
63	AFFIDAVIT of Nancy Childears by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
64	AFFIDAVIT of Patricia Flake by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
65	AFFIDAVIT of Michelle Fredrick by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
66	AFFIDAVIT of Delores A. Hartley by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) Modified on 08/14/1998 (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
67	AFFIDAVIT of Amy McQuown by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
68	AFFIDAVIT of Pauletta Sue Pangburn by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
69	AFFIDAVIT of Rebecca L. Rosenbaum by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
70	AFFIDAVIT of Rachel Rosenbaum by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
71	AFFIDAVIT of Sondra D. Skinner by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
72	AFFIDAVIT of Anne Marie Smith by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
73	AFFIDAVIT of Elicia Watson by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
74	AFFIDAVIT of Richard Wolfe by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
75	AFFIDAVIT of/by Daniel Daniels Re: [38−1] motion for preliminary injunction. (maa) (Entered: 08/14/1998)	Aug. 14, 1998	Aug. 14, 1998
76	MEMORANDUM by School Board/Brevard in opposition to [60−1] objection to evidence supporting [44−1] opposition memorandum (hsh) (Entered: 08/27/1998)	Aug. 25, 1998	Aug. 25, 1998
77	NOTICE of Hearing: Motion hearing set for 9:00 9/18/98 for [38−1] motion for preliminary injunction; Scheduled for Judge Anne C. Conway ctc (hsh) (Entered: 08/27/1998)	Aug. 27, 1998	Aug. 27, 1998
78	MOTION by School Board/Brevard to strike [61−1] notice of submission of evidence ; referred to Magistrate Judge Karla R. Spaulding (hsh) (Entered: 08/31/1998)	Aug. 28, 1998	Aug. 28, 1998
79	MOTION by School Board/Brevard to withdraw and substitute part of exhibit "N" submitted in support of defendant's memorandum of law in opposition to plaintiffs' application for preliminary injunction (hsh) (Entered: 08/31/1998)	Aug. 28, 1998	Aug. 28, 1998
80	MEMORANDUM by Daniel Daniels of law in opposition to [78−1] motion to strike [61−1] certain evidence submitted by plaintiffs (hsh) (Entered: 09/15/1998)	Sept. 14, 1998	Sept. 14, 1998
81	RESPONSE by Daniel Daniels to [79−1] motion to withdraw and substitute part of exhibit "N" submitted in support of defendant's memorandum of law in opposition to plaintiffs' application for preliminary injunction (hsh) (Entered: 09/15/1998)	Sept. 14, 1998	Sept. 14, 1998
82	MOTION by Daniel Daniels with memorandum in support to supplement evidence . (maa) (Entered: 09/17/1998)	Sept. 17, 1998	Sept. 17, 1998
84	MINUTE ENTRY: Status Conference held on 9/18/98 before Judge Karla R. Spaulding; Court requests list of physical problems, coaching, etc. on the 11 schools; Court requests parties to call chambers for time to meet on the week of 10/13/98; Court Reporter: Karen Harms (hsh) (Entered: 09/21/1998)	Sept. 18, 1998	Sept. 18, 1998
85	NOTICE of Hearing: set mediation conference at 9:00 for 10/16/98 ctc (hsh) (Entered: 09/22/1998)	Sept. 22, 1998	Sept. 22, 1998
86	ORDER denying [82−1] motion to supplement evidence, granting [79−1] motion to withdraw and substitute part of exhibit "N" submitted in support of defendant's memorandum of law in opposition to plaintiffs' application for preliminary injunction; denying [78−1] motion to strike [61−1] notice of submission of evidence; denying [38−1] application for preliminary injunction and request for prompt hearing; exhibit "N" and photographs attached to exhibit 2 are to be resubmitted in a binder small enough to fit in the Court file storage area maiintained by the clerk within 11 days ( Signed by Judge Anne C. Conway ) ctc (hsh) (Entered: 09/22/1998)	Sept. 22, 1998	Sept. 22, 1998
87	ORDER granting in part, denying in part [42−1] motion to compel answers to interrogatories; Interrogatory #10, 15 &17 are granted and Interrogatory # 16 is denied; it is further ordered the defendant shall provide responses to these interrogatories within 20 days from the date of this Order or upon such extension of that time as agreed to be counsel for the plaintiffs ( Signed by Magistrate Judge Karla R. Spaulding 9/29/98 ) ctc (hsh) (Entered: 09/30/1998)	Sept. 30, 1998	Sept. 30, 1998
88	MOTION by Daniel Daniels with memorandum in support for amendment of [86−1] order or for clarification of finding in the [86−1] order (hsh) (Entered: 10/06/1998)	Oct. 6, 1998	Oct. 6, 1998
89	ORDER denying [88−1] motion for amendment of [86−1] order, denying [88−2] motion for clarification of finding in the [86−1] order ( Signed by Judge Anne C. Conway ) ctc (hsh) (Entered: 10/13/1998)	Oct. 13, 1998	Oct. 13, 1998
	Deadline updated: set jury trial for 2/1/00 before Judge Anne C. Conway (hsh) (Entered: 10/28/1998)	Oct. 28, 1998	Oct. 28, 1998
90	NOTICE of Hearing: set status conference at 2:30 p.m. on 11/24/98 before Magistrate Judge Karla R. Spaulding ctc (hsh) (Entered: 11/18/1998)	Nov. 18, 1998	Nov. 18, 1998
91	NOTICE OF TELEPHONIC SETTLEMENT CONFERENCE : set telephonic settlement conference at 2:00 p.m. on 1/21/99 before Magistrate Judge Karla R. Spaulding ctc (hsh) (Entered: 12/09/1998)	Dec. 9, 1998	Dec. 9, 1998
92	MINUTE ENTRY: Status Conference held on 2/5/99 before Magistrate Judge Karla R. Spaulding (tape number 99−10s−253−656) (hsh) (Entered: 02/09/1999)	Feb. 5, 1999	Feb. 5, 1999
93	UNOPPOSED MOTION by Daniel Daniels with memorandum in support to extend time through 9/1/99 to disclose expert witnesses ; referred to Magistrate Judge Karla R. Spaulding (hsh) (Entered: 04/29/1999)	April 28, 1999	April 28, 1999