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Florida Education Assoc. Vs. Ron Desantis Vol.01 081920 Hearing

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Florida Education Assoc. Vs. Ron Desantis Vol.01 081920 Hearing Filing # 112585934 E-Filed 08/28/2020 06:42:37 PM IN THE DISTRICT COURT OF APPEAL FIRST DISTRICT, STATE OF FLORIDA RON DESANTIS, in his official capacity as Governor of the State of Florida, RICHARD CORCORAN, in his official DCA Case No. 1D20-2470 capacity as Florida Commissioner of L.T. Case No.: 2020-CA-001450 Education, FLORIDA DEPARTMENT OF EDUCATION, and FLORIDA BOARD OF EDUCATION, Appellants/Defendants, vs. FLORIDA EDUCATION ASSOCIATION, STEPHANIE BETH MILLER, LADARA ROYAL, MINDY FESTGE, VICTORIA DUBLINO-HENJES, ANDRES HENJES, NATIONAL ASSOCIATION FOR THE ADVANCEMENT OF COLORED PEOPLE, INC., AND NAACP FLORIDA STATE CONFERENCE, Appellees/Plaintiffs. / SUPPLEMENTAL1 APPENDIX TO RESPONSE IN OPPOSITION TO EMERGENCY MOTION TO REINSTATE AUTOMATIC STAY KATHERINE E. GIDDINGS, BCS GERALD B. COPE, JR. (251364) (949396) [email protected] [email protected] [email protected] RECEIVED, 08/28/2020 06:44:40 PM, Clerk, First District Court of Appeal KRISTEN M. FIORE, BCS (25766) Akerman LLP [email protected] Three Brickell City Centre [email protected] 98 Southeast Seventh St., Suite 1600 [email protected] Miami, FL 33131-1714 Akerman LLP Telephone: (305) 374-5600 1 The appendix is supplemented to include the August 19 and 20, 2020 hearing transcripts volumes 1 - 6. 0001 201 E. Park Ave., Suite 300 Facsimile: (305) 374-5095 Tallahassee, Florida 32301 Telephone: (850) 224-9634 RYAN D. O’CONNOR (106132) Facsimile: (850) 222-0103 [email protected] [email protected] Akerman LLP 420 S. Orange Avenue, Suite 1200 Orlando, FL 32801 Telephone: (407) 419-8418 Facsimile: (407) 813-6610 Attorneys for Appellees/Plaintiffs 0002 INDEX TO SUPPLEMENTAL APPENDIX TO RESPONSE OPPOSITION TO EMERGENCY MOTION TO REINSTATE AUTOMATIC STAY Page(s) Coversheet ............................................................................................................ 1 - 2 Index ........................................................................................................................... 3 Certificate of Service ........................................................................................... 4 - 5 August 19, 2020 Hearing Transcript Volume 1 ............................................... 6 - 253 August 19, 2020 Hearing Transcript Volume 2 ........................................... 254 - 387 August 19, 2020 Hearing Transcript Volume 3 ........................................... 389 - 545 August 20, 2020 Hearing Transcript Volume 4 ........................................... 546 - 786 August 20, 2020 Hearing Transcript Volume 5 ........................................... 787 - 998 August 20, 2020 Hearing Transcript Volume 6 ......................................... 999 - 1073 0003 CERTIFICATE OF SERVICE I HEREBY CERTIFY that on this 28th day of August 2020 a true and correct copy of the foregoing document was furnished by E-Mail to all parties below and a copy of the thumb-nail drive was delivered to the Court and opposing counsel. David M. Wells, Esq. Kendall B. Coffey, Esq. Nathan W. Hill, Esq. Josefina M. Aguila, Esq. Kenneth B. Bell, Esq. Scott A. Hiaasen, Esq. Lauren v. Purdy, Esq. Coffey Burlington, P.L. Gunster, Yoakley & Stewart, P.A. 2601 S. Bayshore Drive Ph 1 200 So. Orange Ave., Suite 1400 Miami, FL 333133-5460 Orlando, FL 32801 [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] [email protected] Trial Counsel for Appellees [email protected] Counsel for Petitioners Lucia Piva, Esq. Mark Richard, Esq. Joseph W. Jacquot, Esq. Kathleen M. Phillips, Esq. General Counsel Phillips, Richard & Rind, P.A. Raymond F. Treadwell, Esq. 9360 SW 72nd Street, Suite 283 Deputy General Counsel Miami, FL 33173 Joshua E. Pratt, Esq. [email protected] Assistant General Counsel [email protected] Executive Office of [email protected] Governor Ron DeSantis Trial Counsel for Appellees Office of General Counsel The Capitol, PL-5 Kimberly C. Menchion, Esq. 0004 400 S. Monroe Street Florida Education Association Tallahassee, FL 32399 213 S. Adams Street [email protected] Tallahassee, FL 32302 [email protected] [email protected] [email protected] Trial Counsel for Appellees [email protected] Counsel for Governor Ron DeSantis Ronald G. Meyer, Esq. Meyer, Brooks, Blohm and Hearn, P.A. P.O. Box 1547 Tallahassee, FL 32302 [email protected] Trial Counsel for Appellees /s/ Katherine E. Giddings KATHERINE E. GIDDINGS, BCS 0005 ÚFlorida´±®·¼¿ ÛEducation¼«½¿¬·±² Associationß­­±½·¿¬·±² ªvs.­ò ÎRon±² DeSantisܻͿ²¬·­ ØHearing»¿®·²¹ Before:Þ»º±®»æ ÖJudge«¼¹» ÝCharles¸¿®´»­ Dodsonܱ¼­±² Augustß«¹«­¬ 19,ïçô 2020îðîð Volʱ´ 1ï PITTPPS REPORTING Ri/ing the Ba! 0006[SISISI.] IN THE CIRCUIT COURT OF THE SECOND JUDICIAL CIRCUIT · · · · · IN AND FOR LEON COUNTY, FLORIDA ___________________________________________________ · · · · · · · CASE NO.:· 2020 CA 1450 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 CORCORAN, in his official capacity as Florida Commissioner of Education; FLORIDA DEPARTMENT OF EDUCATION; and FLORIDA BOARD of EDUCATION, · · · · · · · ·Defendants. ___________________________________________________/ · · · · · (Consolidated with:) 0007 Page 2 · · · · · · · ·CASE NO.:· 2020 CA 1467 MONIQUE BELLEFLEUR, individually and on behalf of D.B. Jr., M.B., and D.B. and KATHRYN HAMMOND, ASHLEY MONROE, and JAMES LIS, · · · · · · · ·Plaintiffs, vs. RON DESANTIS, Governor of Florida, in his official capacity as Chief Executive Officer of the State of Florida, ANDY TUCK, in his official capacity as the chair of the State Board of Education, STATE BOARD of EDUCATION, RICHARD CORCORAN, in his official capacity as Commissioner of the Florida Department of Education, FLORIDA DEPARTMENT OF EDUCATION, JACOB OLIVA, in his official capacity as Chancellor, Division of Public Schools, TERESA JACOBS, in her official capacity as the chair of the SCHOOL BOARD OF ORANGE COUNTY, BARBARA JENKINS, in her official capacity as the Superintendent of Orange County Public Schools, and ORANGE COUNTY PUBLIC SCHOOLS, · · · · · · · Defendants. ___________________________________________________/ · TRANSCRIPT OF WEB CONFERENCE HEARING PROCEEDINGS · · PLAINTIFFS' EXPEDITED MOTION FOR TEMPORARY · · · · · · · · · · ·INJUNCTION · · · · · · · VOLUME 1 (Pages 1 - 192) · ·DATE TAKEN:· Wednesday, August 19th, 2020 · ·TIME:· · · · 8:42 a.m. to 12:20 p.m. · ·PLACE:· · · ·Leon County Courthouse · · · · · · · · 301 South Monroe Street · · · · · · · · Tallahassee, Florida 32301 · ·BEFORE:· · · Charles Dodson, Circuit Judge · · · · · · · · · · ·(via Zoom) · · ·This cause came on to be heard at the time and place aforesaid, when and where the following proceedings were stenographically reported via Zoom by: · · · · · ·MaryKay Horvath, RPR, CRR, FPR · · · · · · Certified Realtime Reporter Job No.: 151241 0008 Page 3 ·1· ·APPEARANCES: (all appearing via videoconference) ·2· ·On behalf of Plaintiffs Florida Education · · ·Association, Stefanie Beth Miller, Ladara Royal, ·3· ·Mindy Festge, Victoria Dublino-Henjes, and Andres · · ·Henjes: ·4 · · · · · MEYER, BROOKS, BLOHM & HEARN, P.A. ·5· · · · 131 North Gadsden Street · · · · · Post Office Box 1547 ·6· · · · Tallahassee, Florida 32301 · · · · · (850)878-5212 ·7· · · · BY:· RONALD G. MEYER, ESQ. · · · · · [email protected] ·8 ·9· · · · COFFEY BURLINGTON, P.L. · · · · · 2601 South Bayshore Drive 10· · · · Penthouse · · · · · Miami, Florida 33133 11· · · · (305)858-2900 · · · · · BY:· KENDALL B. COFFEY, ESQ. 12· · · · [email protected] · · · · · · · ·JOSEFINA M. AGUILA, ESQ. 13· · · · [email protected] · · · · · · · ·SCOTT A. HIAASEN, ESQ. 14· · · · [email protected] 15· · · · PHILLIPS & RICHARD, P.A. · · · · · 9360 Southwest 72nd Street 16· · · · Suite 283 · · · · · Miami, Florida 33173 17· · · · (305)412-8322 · · · · · BY:· MARK H. RICHARD, ESQ. 18· · · · [email protected] 19· · · · FLORIDA EDUCATION ASSOCIATION · · · · · 213 South Adams Street 20· · · · Tallahassee, Florida 32301 · · · · · (850)201-3382 21· · · · BY:· KIMBERLY C. MENCHION, ESQ. · · · · · [email protected] 22 23 24 25 0009 Page 4 ·1· ·APPEARANCES (Continued): ·2· ·On behalf of Defendants: ·3· · · · GUNSTER YOAKLEY & STEWART, P.A. · · · · · 225 Water Street ·4· · · · Suite 1750 · · · · · Jacksonville, Florida 32202 ·5· · · · (904)354-1980 · · · · · BY:· DAVID M. WELLS, ESQ. ·6· · · · [email protected] ·7· · · · GUNSTER YOAKLEY & STEWART, P.A. · · · · · 200 South Orange Avenue ·8· · · · Suite 1400 · · · · · Florida Orlando, Florida 32801 ·9· · · · (407)648-5077 · · · · · BY:· NATHAN W. HILL, ESQ. 10· · · · [email protected] 11 12· ·ALSO PRESENT:· Aly Logan · · · · · · · · · · Kelly Vance 13 14 15 16 17 18 19 20 21 22 23 24 25 0010 Page 5 ·1· · · · · · · · · · · · I N D E X ·2 ·3· ·Proceedings· · · · · · · · · · · · · · · · ·Page ·4 ·5· · · · · · · ·VOLUME 1 (Pages 1 - 192) ·6 ·7· ·Opening Statement· ·Mr. Coffey· · · · · · · · ·9 ·8· ·Opening Statement· ·Mr. Stuart· · · · · · · · 18 ·9· ·Opening Statement· ·Mr. Wells· · · · · · · · ·22 10· ·TAMARA SHAMBURGER 11· ·Direct·
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