Filing # 111202592 E-Filed 08/03/2020 05:28:27 PM
IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT
IN AND FOR MIAMI DADE COUNTY, FLORIDA
CIRCUIT CIVIL DIVISION
FLORIDA EDUCATION ASSOCIATION; )
STEFANIE BETH MILLER; LADARA )
ROYAL; MINDY FESTGE; VICTORIA )
DUBLINO-HENJES; and, ANDRES HENJES, )
)
Plaintiffs, )
vs. )
)
RON DESANTIS, in his official capacity as )
Governor of the State of Florida; RICHARD )
Case No. 2020-015211 CA (31)
CORCORAN, in his official capacity as Florida )
Commissioner of Education; FLORIDA )
DEPARTMENT OF EDUCATION; FLORIDA )
BOARD OF EDUCATION; CARLOS )
GIMENEZ, in his official capacity )
as Mayor of Miami-Dade County, )
)
Defendants. )
________________________________________ )
PLAINTIFFS’ RENEWED EMERGENCY MOTION FOR STATUS CONFERENCE
Plaintiffs the FLORIDA EDUCATION ASSOCIATION, STEFANIE BETH MILLER,
LADARA ROYAL, MINDY FESTGE, VICTORIA DUBLINO-HENJES, and ANDRES
HENJES, by and through undersigned counsel, moves this Court on an emergency basis for a
status conference to address scheduling in this matter.
1. On July 20, 2020, Plaintiffs filed their Complaint for declaratory and injunctive
relief against Defendants to prevent the unsafe reopening of brick and mortar public schools during
the current resurgence of COVID-19.
2. More specifically, Plaintiffs seek a declaratory judgment that Emergency Order No.
2020-EO-06 of the state Education Commissioner, which mandates the opening of brick and
mortar schools in Florida in August 2020, violates Article IX, § 1 of the Florida Constitution,
Case No. 2020-015211 CA (31)
which mandates “[a]dequate provision shall be made by law for a uniform, efficient, safe, secure,
and high quality system of free public schools.” Plaintiffs also seek a declaratory judgment that
the Education Commissioner’s directive to open brick and mortar schools is arbitrary and
capricious, and thus a violation of due process.
3. Certain of Florida’s 67 public school districts are scheduled to begin re-opening
brick and mortar locations on August 10, 2020, with many schools expected to be open by August
31, 2020, as evidently mandated by the Education Commissioner in Emergency Order No. 2020-
EO-06.
4. On July 27, 2020, Plaintiffs filed their Motion to Compel Expedited Mediation so
the parties may come together to resolve the issues in this litigation.
5. This action was originally assigned to Miami-Dade Circuit Judge Antonio Arzola.
On July 30, 2020, Judge Arzola held an Emergency Status Conference in this matter.
6. At the July 30 Status Conference, the Parties agreed to an expedited briefing
schedule: Defendants agreed to file their motions to dismiss by Monday, August 3, Plaintiffs
agreed to file their Responses by Wednesday, August 5, with any Replies to be filed on Thursday,
August 6, and the Court agreed to hold a hearing on the motions on Friday, August 7 – in advance
of the potential reopening of schools in some Florida school districts.
7. At the Status Conference, the Court also said that it would deny Plaintiffs’ Motion
to Compel Expedited Mediation.
8. However, after the Status Conference, also on July 30, Judge Arzola entered a sua
sponte Order recusing himself from this action. This matter was then transferred to Division 31.
9. Due to the urgent nature of the unresolved matters in this case, including, but not
limited to, the increased community spread of COVID-19, illness, hospitalizations, and potentially
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Case No. 2020-015211 CA (31)
severe and irreparable human consequences that will result from the mandated physical reopening of
schools across the state in just a few days, the Plaintiffs move this Court, on an emergency basis, for
a status conference no later than August 4, 2020, to schedule a hearing by August 7, 2020, and address
the other pending issues discussed above.
10. Plaintiffs’ counsel has conferred with counsel for the Defendants, who do not
oppose conducting a status conference with immediacy to discuss scheduling. Counsel to Mayor
Gimenez specifically objects to a status conference to address Plaintiffs’ Motion to Compel
Expedited Mediation.
WHEREFORE, Plaintiffs seek a status conference on an emergency basis.
Dated: August 3, 2020. Respectfully submitted,
COFFEY BURLINGTON, P.L.
2601 South Bayshore Drive, Penthouse
Miami, FL 33133
Telephone: (305) 858-2900
By: /s/ Kendall Coffey_____________________
Kendall B. Coffey, FBN 259861
Josefina M. Aguila, FBN 0119719
Scott A. Hiaasen, FBN 103318
[email protected] [email protected] [email protected] [email protected] [email protected] [email protected] 3
Case No. 2020-015211 CA (31)
MEYER, BROOKS, BLOHM & HEARN, P.A.
131 North Gadsden Street
Tallahassee, FL 32301
Telephone: (850) 878-5212
By: /s/ Ronald G. Meyer______________________
Ronald G. Meyer, FBN 148248
[email protected] Kimberly C. Menchion, General Counsel
FLORIDA EDUCATION ASSOCIATION
213 South Adams Street
Tallahassee, FL 32301
Telephone: (850) 224-7818
By: /s/ Kimberly C. Menchion_________________
Kimberly C. Menchion, FBN 425613
[email protected] PHILLIPS, RICHARD & RIND, P.A.
9360 S.W. 72nd Street, Suite 283
Miami FL 33173-3283
Telephone: (305) 412-8322
By: /s/ Lucia Piva
Lucia Piva, FBN 119340
Mark Richard, FBN 305979
Kathleen M. Phillips, FBN 287873
[email protected] [email protected] [email protected] Counsel for Plaintiffs
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Case No. 2020-015211 CA (31)
CERTIFICATE OF SERVICE
I certify that the foregoing document has been furnished by the Florida Courts e-filing
Portal pursuant to Fla. R. Jud. Admin. 2.516(b)(1), this 3rd day of August, 2020, to the following:
Angel A. Cortiñas, Esq. David M. Murray
[email protected] Assistant County Attorney
[email protected] [email protected] [email protected] [email protected] Jonathan H. Kaskel, Esq. Lauren Morse
[email protected] Assistant County Attorney
[email protected] [email protected] GUNSTER
[email protected] The DuPont Building Angela F. Benjamin
600 Brickell Avenue, Suite 3500 Assistant County Attorney
Miami, Florida 33131
[email protected] Telephone: (305) 376-6000
[email protected] Stephen P. Clark Center, Suite 2810
Counsel for Defendants: 111 Northwest First Street
• Ron DeSantis, in his official capacity Miami, Florida 33128-1993
as Governor of the State of Florida; Telephone: (305) 375-1381
• Richard Corcoran, in his official
capacity as Florida Commissioner of Counsel for Defendant Mayor Carlos
Education; Gimenez
• Florida Department of Education; and
• Florida Board of Education
By: /s/ Kendall B. Coffey
