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Case 3:10-cv-00142-MCR-CJK Document 215 Filed 07/01/11 Page 1 of 5

UNITED STATES DISTRICT COURT FOR NORTHERN DISTRICT OF FLORIDA MARY E. ALLEN, et al.; Plaintiffs, v. SCHOOL BOARD FOR SANTA ROSA COUNTY, FLORIDA; et al.; Defendants, / PARTIES JOINTLY PROPOSED TIMETABLE FOR NON-JUDICIAL RESOLUTION The parties seek the Courts guidance regarding the proposed timetable for non-judicial resolution of this matter and apprise the Court of the progress of settlement discussions as follows: Since June 7, 2011, the parties have been discussing the particulars of a potential settlement of this matter and have requested enlargements of Court deadlines to facilitate those discussions. See Joint Mot. for Enlargement of Time (DE 210); Order (DE 214). Settlement discussions continue and now the parties are hopeful that this matter will be resolved through agreement. Specifically: Immediate Action Requested No.: 3:10-cv-142 MCR/CJK

Case 3:10-cv-00142-MCR-CJK Document 215 Filed 07/01/11 Page 2 of 5

(1)

The parties1 all have settled on the specific language to propose

for an amended Consent Decree and Order, Doe v. School Board for Santa Rosa County, Fla., 3:08-cv-361 (N.D. Fla. May 6, 2009 (DE 94-2)) (filed in this matter at DE 124-4). (2) The Allen Plaintiffs and Defendants2 have settled on a proposed

settlement agreement resolving the Allen Plaintiffs damage claims as well as attorney fees, costs, and litigation expenses with a liability release for the Defendants. (3) The parties all agree that the Doe Plaintiffs and the Defendants

in Doe v. School Board will jointly provide the Court with the agreed-upon, amended Consent Decree and move the Court pursuant to Rule 60(b), Fed. R. Civ. P., to approve the amended Consent Decree. The Allen Plaintiffs will neither be signatories to the amended Consent Decree nor directly participate in the motion to amend the Consent Decree.

The Superintendent has agreed on the language that will be proposed to the Court. However, the School Board has not yet approved of this proposed language. The School Board is scheduled to meet to discuss and vote on the proposed language on July 5, 2011. The Superintendent has agreed to the proposed settlement agreement. However, the School Board has not yet approved of it. The School Board is scheduled to meet to discuss and vote on it on July 5, 2011. Page 2 of 5
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To effectuate a full non-judicial resolution of this matter, which will include a motion to enter an amended Consent Decree and the dismissal of the pending appeal in Doe v. School Board, the parties propose the following sequence and timetable. The parties believe the sequence of events is important. If an event does not occur in the sequence prescribed and no later than the date listed, then absent further action from the Court this case should proceed to trial. The dates are provided with the aim of completing this process well in advance of School Districts faculty pre-planning date set to begin on August 16, 2011, but they are not inherently rigid.

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Case 3:10-cv-00142-MCR-CJK Document 215 Filed 07/01/11 Page 4 of 5

Seq. 1 2 3

Date July 1, 2011 July 1, 2011 July 5, 2011

Event Defendants & Doe Plaintiffs jointly notify the Court in Doe v. School Board of their proposed amended Consent Decree Allen parties may discuss particulars of proposed settlement with the public School Board meets publicly (a) to discuss and vote on the proposed amended Consent Decree and (b) to discuss and vote on the Settlement Agreement with Allen Plaintiffs Defendants & Allen Plaintiffs sign Settlement Agreement resolving Allen Matter, including Allen Plaintiffs' claims for damages and attorney fees, costs, and litigation expenses Doe Plaintiffs file a dismissal with prejudice of their claims for costs (DE 239) against CEAI in Doe v. School Board CEAI Files Unopposed Mot. for Voluntary Dismissal with Prejudice per Fed. R. App. P. 42(b), specifying that each party shall bear their own attorney fees and costs Defendants & Doe Plaintiffs jointly move the Court in Doe v. School Board pursuant to R. 60(b) to amend the Consent Decree Court reviews the proposed amended Consent Decree and publishes a final amended Consent Decree acceptable to the Court School Board meets publicly and, if necessary, discusses and votes on the final amended Consent Decree Defendants & Doe Plaintiffs file Notice of their acceptance of Court's final amended Consent Decree Defendants & Doe Plaintiffs tender signed Amended Consent Decree to Court Court enters Amended Consent Decree Allen Plaintiffs file in Allen matter Stipulated Voluntary Dismissal per R. 41(a)(1)(A)(ii) Doe Plaintiffs file in Allen matter Stipulated Voluntary Dismissal per R. 41(a)(1)(A)(ii) Sch. Bd. issues settlement check to Liberty Counsel

July 6, 2011

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July 6, 2011 July 6, 2011

7 8 9 10 11 12 13 14 15

July 8, 2011 July 15, 2011 July 21, 2011 July 22, 2011 July 29, 2011 -

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The parties seek the courts guidance regarding this timetable and sequencing, and specifically inquire if the timetable provides the Court sufficient time to review, offer desired changes to, and approve the amended Consent Decree.

Submitted: July 1, 2011

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