Case: Lebron v. Secretary of the Florida Department of Children & Families

6:11-cv-01473 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 6, 2011

Closed Date: 2015

Clearinghouse coding complete

Case Summary

On September 6, 2011, a resident of Florida and applicant for Temporary Assistance for Needy Families (TANF) assistance filed this 42 U.S.C. § 1983 class action against the Florida Department of Children and Families in the Middle District of Florida, Orlando Division. The plaintiff, represented by the ACLU of Florida and the Florida Justice Institute, asked the court for declaratory and injunctive relief, claiming that Florida's TANF application requirements violated the Constitution. Specific…

On September 6, 2011, a resident of Florida and applicant for Temporary Assistance for Needy Families (TANF) assistance filed this 42 U.S.C. § 1983 class action against the Florida Department of Children and Families in the Middle District of Florida, Orlando Division. The plaintiff, represented by the ACLU of Florida and the Florida Justice Institute, asked the court for declaratory and injunctive relief, claiming that Florida's TANF application requirements violated the Constitution. Specifically, the plaintiff claimed that the requirement that all applicants undergo suspicionless drug testing in order to be considered for assistance constituted an unreasonable search under the Fourth Amendment. Judge Mary S. Scriven was assigned to the case.

The plaintiff moved on September 6, 2011 for a preliminary injunction and on September 13, 2011 for class certification. The plaintiff proposed a class consisting of all individuals residing in Florida who were applying for, or would in the future apply for, Temporary Cash Assistance (Florida's program to distribute TANF benefits) and who would be subject to defendant's suspicion-less drug testing. Defendant opposed both motions.

On October 24, 2011, the District Court granted the plaintiff's motion for a preliminary injunction but denied his motion for class certification. Lebron v. Wilkins, 820 F. Supp. 2d 1273 (M.D. Fla. 2011). The court found that the plaintiff was likely to succeed on his Fourth Amendment claim and issued an injunction that barred the defendant from requiring the plaintiff to take a suspicionless drug test. Since the defendant stipulated that it would apply the court's ruling to all people similarly situated to the plaintiff, the Court found that class certification was unnecessary and dismissed the plaintiff's motion to certify without prejudice.

Defendant appealed the injunction to the Eleventh Circuit. But the Circuit Court (Barkett and Jordan, Circuit Judges, and Hall, District Judge sitting by designation) affirmed the District Court's injunction in an opinion issued on February 26, 2013. See Lebron v. Sec’y, Florida Dep’t of Children & Families, 710 F.3d 1202 (11th Cir. 2013). Defendant petitioned the Eleventh Circuit for a rehearing en banc. Defendant’s petition was denied on April 23, 2013.

On November 4, 2011, the plaintiff renewed his motion for class certification, arguing that certification would avoid litigation over mootness should the plaintiff find employment. The District Court (Judge Scriven) agreed and certified the class in an order dated December 7, 2011. Lebron v. Wilkins, 277 F.R.D. 664 (M.D. Fla. 2011). The parties continued with preparing for trial.

On September 10, 2012 the plaintiff filed for Summary Judgment on the grounds that Section 414.0652 of the Florida Statutes, which requires all applicants for TANF benefits to submit to suspicionless drug testing, is not constitutional under the Fourth and Fourteenth Amendments. On the same day, the defendant filed a cross motion for summary judgment, arguing that TANF applicants consent to the drug testing and, even if the consent argument failed, that the State had a special need to drug test applicants. On December 31, 2013, the District Court issued summary judgment for the plaintiff on the grounds that the State had failed to establish a special need to drug test all TANF applicants. In the same judgment the Court declared the statute facially unconstitutional and permanently enjoined the State from reinstating and enforcing the law.

The defendant appealed the District Courts issuance of Summary Judgment to the Eleventh Circuit. And on December 3, 2014, the Circuit Court (Hull and Marcus, Circuit Judges, and TOTENBERG, District Judge sitting by designation) affirmed the District Court’s decision on the grounds that the State failed to meet its burden of establishing a substantial special need to drug test all TANF applicants without any suspicion of drug use. Lebron v. Secretary of the Florida Department of Children and Families, 772 F.3d 1352 (11th Cir. 2014). The Circuit Court granted appellate costs for the plaintiff and against the defendant, but the plaintiff did not move for attorney’s fees. The case is now closed.

Summary Authors

Christopher Schad (6/28/2012)

Erin Pamukcu (2/15/2016)

Nathan Santoscoy (4/24/2019)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4226295/parties/lebron-v-secretary-of-the-florida-department-of-children-families/


Judge(s)

Baker, David A. (Florida)

Barkett, Rosemary (Florida)

Scriven, Mary Stenson (Florida)

Totenberg, Amy Mil (Georgia)

Attorneys(s) for Plaintiff

Agarwal, Shalini Goel (Florida)

Berg, Randall Challen Jr. (Florida)

Dingfelder, John J (Florida)

Glickman, Joshua Aaron (Florida)

Heller, Shawn Alex (Florida)

Kayanan, Maria (Florida)

Judge(s)

Baker, David A. (Florida)

Barkett, Rosemary (Florida)

Scriven, Mary Stenson (Florida)

Totenberg, Amy Mil (Georgia)

Attorneys(s) for Plaintiff

Agarwal, Shalini Goel (Florida)

Berg, Randall Challen Jr. (Florida)

Dingfelder, John J (Florida)

Glickman, Joshua Aaron (Florida)

Heller, Shawn Alex (Florida)

Kayanan, Maria (Florida)

Marshall, Randall C (Florida)

Williamson, Jason D. (New York)

Attorneys(s) for Defendant

Panuccio, Jesse (Florida)

Parker, Marion Drew (Florida)

Raleigh, Lisa M. (Florida)

Sevi, Michael (Florida)

Tanenbaum, Adam S. (Florida)

Vail, E. Jason (Florida)

Winsor, Allen Cothrel (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

Lebron v. Secretary of the Florida Department of Children & Families

June 18, 2015 Docket
1

Verified Complaint: Class Action

Lebron v. Wilkins

Sept. 6, 2011 Complaint
33

Order [Granting Plaintiff's Motion for Preliminary Injunction and Denying Plaintiff's Motion for Class Certification Without Prejudice]

Lebron v. Wilkins

820 F.Supp.2d 1273

Oct. 24, 2011 Order/Opinion
48

Order [Granting Plaintiff's Renewed Motion for Class Certification]

Lebron v. Wilkins

277 F.R.D. 664

Dec. 7, 2011 Order/Opinion
98

Opinion

U. S. Court of Appeals for the Eleventh Circuit

710 F.3d 1202

Feb. 26, 2013 Order/Opinion
110

Opinion / Order [of USCA as to 106 Notice of appeal]

Lebron v. Secretary of the Florida Dept. of Children and Families

U. S. Court of Appeals for the Eleventh Circuit

772 F.3d 1352

Dec. 3, 2014 Order/Opinion

Resources

Title Description External URL

Lebron v. Sec'y of the Florida Dep't of Children and Families

ACLU Florida

Luis Lebron, a single father and college student, who applied for Temporary Assistance for Needy Families (“TANF”), refused to undergo suspicionless drug testing as a part of the application. Florid… Dec. 31, 2013 https://www.aclufl.org/en/lebron-v-secy-florida-dept-children-and-families

Drug Testing of Welfare Applicants and Recipients

James M. Jeffords Center, University of Vermont

This study looked at different jurisdictions' use of drug testing as an eligibility requirement for Temporary Assistance for Needy Families (TANF), Supplemental Nutrition Assistance Program (SNAP), a… April 24, 2019 https://www.uvm.edu/~vlrs/EconomicIssues/VLRS%20Drug%20Testing%20Welfare.pdf

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4226295/lebron-v-secretary-of-the-florida-department-of-children-families/

Last updated May 11, 2022, 8 p.m.

ECF Number Description Date Link
1

COMPLAINT against Secretary of the Florida Department of Children & Families (Filing fee $ 350.00 receipt number ORL-10319) filed by Luis W. Lebron. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Civil Cover Sheet)(MAA) (Entered: 09/07/2011)

1 Exhibit A

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2 Exhibit B

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3 Exhibit C

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4 Exhibit D

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5 Civil Cover Sheet

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Sept. 6, 2011 RECAP
2

MOTION, and memorandum of law in support, for preliminary injunction by Luis W. Lebron. (Attachments: # 1 Exhibit)(MAA) (Entered: 09/07/2011)

1 Exhibit

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Sept. 6, 2011 PACER
3

REQUEST for oral argument re 2 MOTION for preliminary injunction by Luis W. Lebron. (MAA) (Entered: 09/07/2011)

Sept. 6, 2011 PACER
4

Summons issued as to Secretary of the Florida Department of Children & Families. (MAA) (Entered: 09/07/2011)

Sept. 6, 2011 PACER
5

NOTICE of Appearance by Randall Challen Berg, Jr on behalf of Luis W. Lebron (Berg, Randall) (Entered: 09/07/2011)

Sept. 7, 2011 PACER
6

NOTICE of Appearance by Shawn A. Heller on behalf of Luis W. Lebron (Heller, Shawn) (Entered: 09/07/2011)

Sept. 7, 2011 PACER
7

NOTICE of Appearance by Joshua Aaron Glickman on behalf of Luis W. Lebron (Glickman, Joshua) (Entered: 09/07/2011)

Sept. 7, 2011 PACER
8

ORDER REGARDING MOTION FOR PRELIMINARY INJUNCTION. Signed by Judge Mary S. Scriven on 9/7/2011. (ABG) (Entered: 09/07/2011)

Sept. 7, 2011 PACER
9

RETURN of service executed on 9/7/2011 as to Secretary of the Florida Department of Children & Families by Luis W. Lebron (Kayanan, Maria) Modified on 9/8/2011 (SR). (Entered: 09/08/2011)

Sept. 8, 2011 PACER
10

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2.The response shall be filed within (14) days from the date of this Order. The Case Management Report shall be filed under event code "Motion for Entry of Case Management Report Scheduling Order." Signed by Judge Mary S. Scriven on 9/8/2011. (NBL) copies mailed/e-mailed (Entered: 09/08/2011)

Sept. 8, 2011 PACER
11

INTERESTED PERSONS ORDER. The response shall be filed within (14) days from the date of this Order. Signed by Judge Mary S. Scriven on 9/8/2011. (NBL) copies mailed/e-mailed (Entered: 09/08/2011)

Sept. 8, 2011 PACER
12

NOTICE of compliance re 8 Order by Luis W. Lebron (Kayanan, Maria) (Entered: 09/12/2011)

Sept. 12, 2011 PACER
13

NOTICE of Appearance by Jason Vail on behalf of Secretary of the Florida Department of Children & Families (Vail, Jason) (Entered: 09/13/2011)

Sept. 13, 2011 PACER
14

NOTICE of Appearance by Marion Drew Parker on behalf of Secretary of the Florida Department of Children & Families (Parker, Marion) (Entered: 09/13/2011)

Sept. 13, 2011 PACER
15

NOTICE of pendency of related cases re 10 Related case order and notice of designation of track 2 per Local Rule 1.04(d) by Luis W. Lebron. Related case(s): no (Kayanan, Maria) (Entered: 09/13/2011)

Sept. 13, 2011 PACER
16

MOTION to certify class and incorporated Memorandum of Law by Luis W. Lebron. (Berg, Randall) (Entered: 09/13/2011)

Sept. 13, 2011 PACER
17

CERTIFICATE of interested persons and corporate disclosure statement re 11 Interested persons order by Luis W. Lebron. (Kayanan, Maria) (Entered: 09/14/2011)

Sept. 14, 2011 PACER
18

MOTION for leave to file excess pages by All Defendants. (Vail, Jason) (Entered: 09/19/2011)

Sept. 19, 2011 PACER
19

RESPONSE in opposition re 2 MOTION for preliminary injunction filed by Secretary of the Florida Department of Children & Families. (Attachments: # 1 Affidavit Berner, # 2 Affidavit Duchene, # 3 Affidavit O'Brien & Ex. A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D, # 7 Exhibit E, # 8 Exhibit F)(Vail, Jason) (Entered: 09/19/2011)

1 Affidavit Berner

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2 Affidavit Duchene

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3 Affidavit O'Brien & Ex. A

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4 Exhibit B

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5 Exhibit C

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6 Exhibit D

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7 Exhibit E

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8 Exhibit F

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Sept. 19, 2011 PACER
20

ENDORSED ORDER GRANTING 18, nunc pro tunc, the Defendant's unopposed Motion to File Memorandum in Excess of 20 Pages. Signed by Judge Mary S. Scriven on 9/22/2011. (ABG) Modified on 9/23/2011 (SR). (Entered: 09/22/2011)

Sept. 22, 2011 PACER
21

NOTICE of Appearance by Jesse Panuccio on behalf of Secretary of the Florida Department of Children & Families (Panuccio, Jesse) (Entered: 09/22/2011)

Sept. 22, 2011 PACER
22

REPLY to response to motion re 2 MOTION for preliminary injunction filed by Luis W. Lebron. (Attachments: # 1 Exhibit DCF Presentation, # 2 Exhibit DCF Pilot Study, # 3 Exhibit Plaintiff's Supplemental Declaration, # 4 Exhibit Final House Staff Analysis, # 5 Exhibit Final Senate Staff Analysis)(Kayanan, Maria) (Entered: 09/23/2011)

1 Exhibit DCF Presentation

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2 Exhibit DCF Pilot Study

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3 Exhibit Plaintiff's Supplemental Declaration

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4 Exhibit Final House Staff Analysis

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5 Exhibit Final Senate Staff Analysis

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Sept. 23, 2011 PACER
23

MOTION for extension of time to file response/reply re 16 MOTION to certify class by Secretary of the Florida Department of Children & Families. (Vail, Jason) Modified on 9/26/2011 (SR). (Entered: 09/23/2011)

Sept. 23, 2011 PACER
24

Unopposed MOTION for leave to file additional exhibits in opposition to 2 motion for preliminary injunction by Secretary of the Florida Department of Children & Families. (Attachments: # 1 Exhibit G, # 2 Exhibit H, # 3 Exhibit I, # 4 Exhibit J)(Panuccio, Jesse) Modified on 9/26/2011 (SR). (Entered: 09/25/2011)

1 Exhibit G

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2 Exhibit H

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3 Exhibit I

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4 Exhibit J

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Sept. 25, 2011 PACER
25

Minute Entry. (Hearing on Plaintiff's Motion for Preliminary Injunction) Proceedings held before Judge Mary S. Scriven on 9/26/2011. Court GRANTS 24 Motion for leave to file; and Takes Under Advisement 2 Motion for preliminary injunction. Court Reporter: Koretta Stanford (NBL) (Entered: 09/26/2011)

Sept. 26, 2011 PACER
26

MEMORANDUM regarding the Court's Authority to Provisionally Certify the Class in Support re 2 Motion for preliminary injunction filed by Luis W. Lebron. (Heller, Shawn) Modified on 9/27/2011 (SR). (Entered: 09/27/2011)

Sept. 27, 2011 PACER
27

CERTIFICATE of interested persons & corporated disclosure statement re 11 INTERESTED PERSONS ORDER by Jason Vail on behalf of Secretary of the Florida Department of Children & Families (Vail, Jason) Modified on 9/30/2011 (IGC). (Entered: 09/29/2011)

Sept. 29, 2011 PACER
28

MEMORANDUM in opposition re 26 Memorandum in support concerning provisional class certification filed by Secretary of the Florida Department of Children & Families. (Vail, Jason) (Entered: 09/29/2011)

Sept. 29, 2011 PACER
29

ANSWER and affirmative defenses to 1 Complaint by Secretary of the Florida Department of Children & Families.(Vail, Jason) Modified on 10/5/2011 (IGC). (Entered: 10/04/2011)

Oct. 4, 2011 PACER
30

RESPONSE in opposition re 16 MOTION to certify class and incorporated Memorandum of Law filed by Secretary of the Florida Department of Children & Families. (Attachments: # 1 Exhibit A)(Raleigh, Lisa) Modified on 10/11/2011 (SR). (Entered: 10/10/2011)

1 Exhibit A

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Oct. 10, 2011 PACER
31

ORDER DIRECTING the parties to file substitute exhibit. Signed by Judge Mary S. Scriven on 10/14/2011. (ABG) (Entered: 10/14/2011)

Oct. 14, 2011 PACER
32

NOTICE of compliance re 31 Order by Luis W. Lebron (Attachments: # 1 Exhibit Evaluation Report)(Kayanan, Maria) (Entered: 10/14/2011)

1 Exhibit Evaluation Report

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Oct. 14, 2011 PACER
33

ORDER GRANTING 2 Plaintiff's Motion for Preliminary Injunction and DENYING without prejudice 16 Plaintiff's Motion for Class Certification. Signed by Judge Mary S. Scriven on 10/24/2011. (ABG) (Entered: 10/24/2011)

Oct. 24, 2011 RECAP
34

MOTION for miscellaneous relief, specifically Joint Motion to Be Relieved From Meeting In Person for Purposes of Preparing Joint Report by Luis W. Lebron. (Kayanan, Maria) (Entered: 10/25/2011)

Oct. 25, 2011 PACER
35

ENDORSED ORDER GRANTING 34 the parties' Joint Motion to be Relieved from Meeting in Person for Purposes of Preparing the Joint Report. The parties shall be allowed to attend the Case Management Conference telephonically. Signed by Judge Mary S. Scriven on 10/26/2011. (ABG) (Entered: 10/26/2011)

Oct. 26, 2011 PACER
36

NOTICE OF APPEAL as to 33 Order on motion for preliminary injunctionOrder on motion to certify class by Secretary of the Florida Department of Children & Families. (Filing fee not paid) (Raleigh, Lisa) (Entered: 11/03/2011)

Nov. 3, 2011 PACER
37

TRANSCRIPT information form filed by Secretary of the Florida Department of Children & Families for proceedings held on September 26, 2011 before Judge Mary S. Scriven re 36 Notice of appeal. (Raleigh, Lisa) (Entered: 11/03/2011)

Nov. 3, 2011 PACER
38

Second MOTION to certify class by Luis W. Lebron. (Attachments: # 1 Exhibit Oct 28 DCF Revised Memo, # 2 Exhibit Oct 28 DCF counsel correspondence, # 3 Exhibit Conferral Correspondence, # 4 Exhibit Conferral Correspondence Response)(Kayanan, Maria) (Entered: 11/04/2011)

1 Exhibit Oct 28 DCF Revised Memo

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2 Exhibit Oct 28 DCF counsel correspondence

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3 Exhibit Conferral Correspondence

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4 Exhibit Conferral Correspondence Response

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Nov. 4, 2011 RECAP
39

NOTICE of Appearance by Shalini Goel Agarwal on behalf of Luis W. Lebron (Agarwal, Shalini) (Entered: 11/08/2011)

Nov. 8, 2011 PACER
40

ORDER DIRECTING the State to file a response to the Renewed Motion for Class Certification on or before Wednesday, November 16, 2011. Signed by Judge Mary S. Scriven on 11/9/2011. (ABG) (Entered: 11/09/2011)

Nov. 9, 2011 PACER
41

NOTICE of supplemental authority re 38 Second MOTION to certify class by Luis W. Lebron (Attachments: # 1 Exhibit Order in W.D. Missouri)(Kayanan, Maria) (Entered: 11/16/2011)

1 Exhibit Order in W.D. Missouri

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Nov. 16, 2011 PACER
42

RESPONSE in opposition re 38 Second MOTION to certify class filed by Secretary of the Florida Department of Children & Families. (Panuccio, Jesse) (Entered: 11/16/2011)

Nov. 16, 2011 PACER
43

CASE MANAGEMENT REPORT. (Panuccio, Jesse) Modified on 11/21/2011 (SR). (Entered: 11/18/2011)

Nov. 18, 2011 PACER
44

COURT REPORTER ACKNOWLEDGMENT by Koretta Stanford re 36 Notice of appeal Estimated transcript filing date: 12/2/2011. (KS) (Entered: 11/29/2011)

Nov. 29, 2011 PACER
45

TRANSCRIPT of Preliminary Injunction Hearing held on 09/26/2011 before Judge Mary S. Scriven re 36 Notice of appeal. Court Reporter/Transcriber Koretta Stanford, Telephone number 407-872-1715. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 12/23/2011, Redacted Transcript Deadline set for 1/3/2012, Release of Transcript Restriction set for 3/1/2012. (KS) (Entered: 12/02/2011)

Dec. 2, 2011 PACER
46

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT, doc. 45. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Koretta Stanford (KS) (Entered: 12/02/2011)

Dec. 2, 2011 PACER
47

NOTIFICATION that transcript has been filed by Koretta Stanford re: 36 Notice of appeal USCA number: 11-15258-I (KS) (Entered: 12/02/2011)

Dec. 2, 2011 PACER
48

ORDER GRANTING 38 Plaintiff's Renewed Motion for Class Certification. Signed by Judge Mary S. Scriven on 12/7/2011. (ABG) (Entered: 12/07/2011)

Dec. 7, 2011 RECAP
49

CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Mary S. Scriven on 12/13/2011. (ABG) (Entered: 12/13/2011)

Dec. 13, 2011 PACER
50

JOINT MOTION for clarification of 49 Scheduling Order by All Parties. (Raleigh, Lisa) Modified on 1/23/2012 (SR). (Entered: 01/20/2012)

Jan. 20, 2012 PACER
51

ENDORSED ORDER GRANTING 50 Joint Motion for Clarification of Scheduling Order. Parties are not required to attend mediation or any other alternative dispute resolution until further order of this Court. The form language to the contrary does not apply to this case at this time. Signed by Judge Mary S. Scriven on 1/24/2012. (APV) (Entered: 01/24/2012)

Jan. 24, 2012 PACER
52

NOTICE of Appearance by Michael Sevi on behalf of Secretary of the Florida Department of Children & Families (Sevi, Michael) (Entered: 02/07/2012)

Feb. 7, 2012 PACER
53

CERTIFICATE of readiness AND RECORD ON APPEALsent to USCA re: 36 Notice of appeal. ROA consists of: volume of pleadings: 4 volume of transcripts: 1 USCA number: 11-15258-DD (VEF) (Entered: 02/29/2012)

Feb. 29, 2012 PACER
54

MOTION in limine regarding State's Expert Report of D. Mark Wilson by Luis W. Lebron. (Attachments: # 1 Exhibit Defendant's Rule 26(a)(2) Disclosures of D. Mark Wilson, # 2 Exhibit Order in Case No. 11-cv-21976-UU (S.D. Fla. April 26, 2012))(Kayanan, Maria) (Entered: 04/26/2012)

1 Exhibit Defendant's Rule 26(a)(2) Disclosures of D. Mark Wilson

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2 Exhibit Order in Case No. 11-cv-21976-UU (S.D. Fla. April 26, 2012)

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April 26, 2012 PACER
55

RESPONSE in opposition re 54 MOTION in limine regarding State's Expert Report of D. Mark Wilson filed by Secretary of the Florida Department of Children & Families. (Attachments: # 1 Exhibit A)(Panuccio, Jesse) (Entered: 05/10/2012)

1 Exhibit A

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May 10, 2012 PACER
56

Joint MOTION to amend 49 Case Management and Scheduling Order and Incorporated Memorandum of Law by Luis W. Lebron and Secretary of the Florida Department of Children & Families. (Attachments: # 1 Exhibit Notice of Oral Argument 11th Circuit, # 2 Exhibit Defendant's Supplemental Response to Plaintiff's first Request for Production of Documents)(Kayanan, Maria) Modified on 5/16/2012 (CH). (Entered: 05/14/2012)

1 Exhibit Notice of Oral Argument 11th Circuit

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2 Exhibit Defendant's Supplemental Response to Plaintiff's first Request

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May 14, 2012 PACER
57

MOTION to extend time to DISCLOSE REBUTTAL EXPERT WITNESSES by Luis W. Lebron. (Heller, Shawn) Motions referred to Magistrate Judge David A. Baker. (Entered: 05/15/2012)

May 15, 2012 PACER
58

NOTICE of Appearance of Additional Counsel for Defendant Appearance by Allen Winsor on behalf of Secretary of the Florida Department of Children & Families (Winsor, Allen) (Entered: 05/15/2012)

May 15, 2012 PACER
59

ENDORSED ORDER GRANTING 56 Joint Motion to Amend Scheduling Order and GRANTING 57 Plaintiff's Motion for Extension of Time to Disclose Rebuttal Expert Witnesses. See Amended Case Management Scheduling Order being entered simultaneously. Signed by Judge Mary S. Scriven on 5/18/2012. (APV) (Entered: 05/18/2012)

May 18, 2012 PACER
60

AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Disclosure of Plaintiff's Rebuttal Expert Witness as it relates to Dr. Avram Mack due by June 25, 2012, Discovery due by 7/31/2012, Dispositive motions due by 8/31/2012, Pretrial statement due by 1/18/2013, All other motions due by 1/25/2013, Bench Trial set for the March 2013 trial term, which commences on 3/4/2013 before Judge Mary S. Scriven. Signed by Judge Mary S. Scriven on 5/18/2012. (APV) (Entered: 05/18/2012)

May 18, 2012 PACER
61

ENDORSED ORDER DENYING 54 Plaintiff's Motion in Limine to Exclude Defendant's Expert Report of D. Mark Wilson and to Expedite Briefing. Upon consideration of the relevant filings and being otherwise fully advised, the Court orders that the Motion in Limine 54 is DENIED. This Order is without prejudice to Plaintiff's right to seek to exclude the expert upon full discovery of his opinions. Signed by Judge Mary S. Scriven on 5/21/2012. (SL) (Entered: 05/21/2012)

May 21, 2012 PACER
62

Consent MOTION for John Dingfelder to withdraw as attorney by Luis W. Lebron. (Kayanan, Maria) (Entered: 05/29/2012)

May 29, 2012 PACER
63

ORDER GRANTING 62 Motion to Withdraw as Counsel. Signed by Judge Mary S. Scriven on 6/11/2012. (SL) (Entered: 06/11/2012)

June 11, 2012 PACER
64

Unopposed MOTION for Joshua A. Glickman to withdraw as attorney by Luis W. Lebron. (Glickman, Joshua) (Entered: 07/03/2012)

July 3, 2012 PACER
65

ORDER GRANTING 64 Motion to Withdraw as Attorney. Signed by Judge Mary S. Scriven on 7/6/2012. (SL) (Entered: 07/06/2012)

July 6, 2012 PACER
66

MOTION for Jason Williamson to appear pro hac vice by Luis W. Lebron. (Attachments: # 1 Exhibit Attorney Certification)(Kayanan, Maria) Motions referred to Magistrate Judge David A. Baker. (Entered: 07/11/2012)

1 Exhibit Attorney Certification

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July 11, 2012 PACER
67

ENDORSED ORDER granting 66 motion to appear pro hac vice. Provided, all counsel shall register for and use the electronic filing system as adopted by the Court. After this Order, the Clerk will no longer send copies of docket entries by U.S. Mail to counsel in this case. Appearance and participation by more than one attorney at any hearing or trial is subject to the discretion of the presiding judge. Signed by Magistrate Judge David A. Baker on 7/12/2012. (Baker, David) (Entered: 07/12/2012)

July 12, 2012 PACER
68

Joint MOTION for leave to file Summary Judgment Motion in excess of the page limits by Luis W. Lebron and Secretary of the Florida Department of Children & Families. (Kayanan, Maria) Modified on 7/31/2012 (CH). (Entered: 07/30/2012)

July 30, 2012 PACER
69

ENDORSED ORDER GRANTING 68 Joint Motion for Advance Leave to File Summary Judgment Documents in Excess of Page Limits Set By Local Rules and Scheduling Order. The parties may file summary judgment motions not to exceed thirty-five (35) pages. Responses to summary judgment motions shall not exceed thirty (30) pages. Replies in support of summary judgment motions shall not exceed fifteen (15) pages. Signed by Judge Mary S. Scriven on 7/31/2012. (SL) (Entered: 07/31/2012)

July 31, 2012 PACER
70

Second MOTION in limine regarding State's Expert D. Mark Wilson by Luis W. Lebron. (Attachments: # 1 Exhibit Expert Witness Disclosure and Report of D. Mark Wilson, # 2 Exhibit Deposition of D. Mark Wilson, # 3 Exhibit CV of D. Mark Wilson, # 4 Exhibit Subpoena to Walt Disney World)(Kayanan, Maria) (Entered: 08/09/2012)

1 Exhibit Expert Witness Disclosure and Report of D. Mark Wilson

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2 Exhibit Deposition of D. Mark Wilson

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3 Exhibit CV of D. Mark Wilson

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4 Exhibit Subpoena to Walt Disney World

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Aug. 9, 2012 PACER
71

First MOTION in limine regarding State's Expert Witness Avram Mack, M.D. by Luis W. Lebron. (Attachments: # 1 Exhibit Expert Witness Disclosure and Report of Avram Mack, M.D., # 2 Exhibit Deposition of Avram Mack, M.D., # 3 Exhibit Terms Used by Avram Mack, M.D., # 4 Exhibit Invoices for Expert Witness Fees, # 5 Exhibit 15th Statewide Florida Grand Jury Report, # 6 Exhibit ASPE brief)(Kayanan, Maria) (Entered: 08/09/2012)

1 Exhibit Expert Witness Disclosure and Report of Avram Mack, M.D.

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2 Exhibit Deposition of Avram Mack, M.D.

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3 Exhibit Terms Used by Avram Mack, M.D.

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4 Exhibit Invoices for Expert Witness Fees

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5 Exhibit 15th Statewide Florida Grand Jury Report

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6 Exhibit ASPE brief

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Aug. 9, 2012 PACER
72

Consent MOTION for extension of time to file response to Motion in Limine, to extend dispositive motion deadline, and request for expedited treatment by Secretary of the Florida Department of Children & Families. (Winsor, Allen) Modified on 8/22/2012 (CH). Mo (Entered: 08/21/2012)

Aug. 21, 2012 PACER
73

ENDORSED ORDER GRANTING 72 Defendant's Consented Motion for Ten-Day Extension of Pending Deadlines. Defendant shall have up to and including September 6, 2012 to respond to Plaintiff's motions in limine. The parties shall have up to and including September 10, 2012 to file their respective summary judgment motions. These extensions do not affect any other deadlines in this case. Signed by Judge Mary S. Scriven on 8/23/2012. (SL) (Entered: 08/23/2012)

Aug. 23, 2012 PACER
74

NOTICE of Filing Errata Sheet re 71 First MOTION in limine regarding State's Expert Witness Avram Mack, M.D. (Attachments: # 1 Errata Errata Sheet to Dkt. 71-2) by Luis W. Lebron (Kayanan, Maria) Modified on 9/6/2012 (CH). (Entered: 09/05/2012)

1 Errata Errata Sheet to Dkt. 71-2

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Sept. 5, 2012 PACER
75

RESPONSE in opposition re 70 Second MOTION in limine regarding State's Expert D. Mark Wilson filed by Secretary of the Florida Department of Children & Families. (Winsor, Allen) (Entered: 09/06/2012)

Sept. 6, 2012 PACER
76

RESPONSE in opposition re 71 First MOTION in limine regarding State's Expert Witness Avram Mack, M.D. filed by Secretary of the Florida Department of Children & Families. (Attachments: # 1 Exhibit A - Mack Declaration, # 2 Exhibit B - Pts ROG Resp.)(Winsor, Allen) (Entered: 09/06/2012)

1 Exhibit A - Mack Declaration

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2 Exhibit B - Pts ROG Resp.

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Sept. 6, 2012 PACER
77

STIPULATION of Undisputed Facts for Summary Judgment Motions re 60 Case management and scheduling order by Luis W. Lebron and David E. Wilkins. (Kayanan, Maria) Modified on 9/11/2012 (CH). (Entered: 09/10/2012)

Sept. 10, 2012 PACER
78

MOTION for summary judgment by Luis W. Lebron. (Attachments: # 1 Exhibit Chart of Plaintiffs' Exhibits, # 2 Affidavit A.Declaration of Maria Kayanan re: Email Exhibits, # 3 Exhibit 1.HB 353 original bill, # 4 Exhibit 2.Governor Scotts press release on campaign promise to drug test welfare applicants, # 5 Exhibit 3.Governor Scotts proposed drug testing legislation, # 6 Exhibit 4.DCF Staff Analysis of HB 353 2/2/11, # 7 Exhibit 5.DCF email response to HB 353 Analysis 2/4/11, # 8 Exhibit 6.DCF Staff Analysis and Economic Impact of HB 353 2/8/11, # 9 Exhibit 7.DCF Staff Analysis and Economic Impact of HB 353 3/8/11, # 10 Exhibit 8.DCF Fiscal Note for HB 353 3/7/11, # 11 Exhibit 9.DCF email re: Fiscal Impact 3/28/11, # 12 Exhibit 10.DCF Committee Substitute Analysis for HB 353 3/30/11, # 13 Exhibit 11.DCF email re: Estimates for drug testing reimbursement 4/14/11, # 14 Exhibit 12.DCF Staff Analysis and Economic Impact of HB 353 6/1/11, # 15 Exhibit 13.Rep. Smiths Press Release on HB 353 4/26/11, # 16 Exhibit 14.Rep. Drakes Press Release on HB 353 4/27/11, # 17 Exhibit 15.Rep. Kreegels and Rep. Baxleys statements on HB 353 4/14/11, # 18 Exhibit 16.Demonstration Project Historical Documents 12/24/98, # 19 Exhibit 17.Meeting Summary for Demonstration Project 11/19/98, # 20 Exhibit 18.Demonstration Project Historical Documents 4/29/99, # 21 Exhibit 19.DCF Analysts email re: Legislatures disregard of Demonstration Project 10/25/12, # 22 Exhibit 20.DCF email re: no additional studies from Demonstration Project 2/7/11, # 23 Exhibit 21.Deposition of Mike Carroll 7/26/12, # 24 Exhibit 22.DCF email re: Abuse Hotline referrals 5/17/11, # 25 Exhibit 23.DCF email re: Abuse Hotline referrals various dates, # 26 Exhibit 24.DCF email re: Abuse Hotline referrals 6/6/11, # 27 Exhibit 25.DCF email re: Abuse Hotline referrals 6/6/11, # 28 Exhibit 26.DCF email re: Abuse Hotline referrals 6/7/11, # 29 Exhibit 27.Letter to DCF from Floridas Children First re: Abuse Hotline referrals 7/6/11, # 30 Exhibit 28.Child Welfare Advocates Email to DCF re: drug testing and child welfare 1/18/12, # 31 Exhibit 29.DCF spreadsheet re: Abuse Hotline referrals as of 2/15/12, # 32 Exhibit 30.DCF spreadsheet re: Abuse Hotline referrals and PNA investigations through 9/14/11, # 33 Exhibit 31.Defendants Answers to Plaintiffs Second Set of Interrogatories, # 34 Exhibit 32.DCF Questions and Answers re: drug testing program training, # 35 Exhibit 33.DCF emails re: additional drug testing program training 8/31/11, 9/1/11, # 36 Exhibit 34.DCF emails re: no training needed to stop testing 10/10/11, 10/12/11, # 37 Exhibit 35.Excerpt from Deposition of Jeri Flora 6/27/12, # 38 Exhibit 36.DCF emails re: reviews of application results 8/15/11-8/15/11, 9/30/11, # 39 Exhibit 37.DCF email re: labs pulling out of testing program 7/1/11, # 40 Exhibit 38.DCF email re: labs demanding chain of custody forms 7/12/11, 7/14/11, 8/12/11, # 41 Exhibit 39.DCF email re: approved lab not ready 10/4/11, # 42 Exhibit 40.DCF email re: premature referrals to labs 9/21/11, # 43 Exhibit 41.DCF email re: labs requiring prepayment online with credit card, # 44 Exhibit 42.Excerpt from Deposition of Jeff Cece and Ex. 16 to that deposition 6/26/12 and 8/16/11, # 45 Exhibit 43.DCF email re: Monroe Countys lack of labs 7/13/11, # 46 Exhibit 44.DCF email re: no funds for transportation 7/13/11, # 47 Exhibit 45.DCF emails re: labs out-of-state analyses and reviews 8/15/11, 10/13/11, 10/18/11, # 48 Exhibit 46.DCF email re: results not given to donors 9/21/11, # 49 Exhibit 47.DCF emails re: lab results faxed to wrong locations 9/28/11-9/30-11, # 50 Exhibit 48.DCF email re: thousands of pages of faxes of lab results 9/7/11, # 51 Exhibit 49.DCF email re: lab results to be emailed 9/20/11, # 52 Exhibit 50.DCF email re: misplaced results with applicants information 9/22/11, # 53 Exhibit 51.DCF email re: lab representative going to applicants home to collect urine sample 8/10/11, # 54 Exhibit 52.DCF emails re: dialysis patients and urinary catheters 9/13/11, # 55 Affidavit 53.Declaration of Luis W. Lebron 8/15/12, # 56 Exhibit 54.DCF Spreadsheet of MRO results as of 10/31/11, # 57 Exhibit 55.Drug testing policy of Plaintiffs employer, # 58 Exhibit 56.Deposition of Linda Phinney 6/20/12, # 59 Exhibit 57.DCF spreadsheet reflecting restoration of benefits 11/17/11, # 60 Exhibit 58.DCF spreadsheet of TANF approval rates)(Kayanan, Maria) (Entered: 09/10/2012)

1 Exhibit Chart of Plaintiffs' Exhibits

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2 Affidavit A.Declaration of Maria Kayanan re: Email Exhibits

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3 Exhibit 1.HB 353 original bill

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4 Exhibit 2.Governor Scotts press release on campaign promise to drug test welfar

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5 Exhibit 3.Governor Scotts proposed drug testing legislation

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6 Exhibit 4.DCF Staff Analysis of HB 353 2/2/11

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7 Exhibit 5.DCF email response to HB 353 Analysis 2/4/11

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8 Exhibit 6.DCF Staff Analysis and Economic Impact of HB 353 2/8/11

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9 Exhibit 7.DCF Staff Analysis and Economic Impact of HB 353 3/8/11

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10 Exhibit 8.DCF Fiscal Note for HB 353 3/7/11

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11 Exhibit 9.DCF email re: Fiscal Impact 3/28/11

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12 Exhibit 10.DCF Committee Substitute Analysis for HB 353 3/30/11

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13 Exhibit 11.DCF email re: Estimates for drug testing reimbursement 4/14/11

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14 Exhibit 12.DCF Staff Analysis and Economic Impact of HB 353 6/1/11

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15 Exhibit 13.Rep. Smiths Press Release on HB 353 4/26/11

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16 Exhibit 14.Rep. Drakes Press Release on HB 353 4/27/11

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17 Exhibit 15.Rep. Kreegels and Rep. Baxleys statements on HB 353 4/14/11

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18 Exhibit 16.Demonstration Project Historical Documents 12/24/98

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19 Exhibit 17.Meeting Summary for Demonstration Project 11/19/98

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20 Exhibit 18.Demonstration Project Historical Documents 4/29/99

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21 Exhibit 19.DCF Analysts email re: Legislatures disregard of Demonstration Projec

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22 Exhibit 20.DCF email re: no additional studies from Demonstration Project 2/7/11

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23 Exhibit 21.Deposition of Mike Carroll 7/26/12

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24 Exhibit 22.DCF email re: Abuse Hotline referrals 5/17/11

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25 Exhibit 23.DCF email re: Abuse Hotline referrals various dates

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26 Exhibit 24.DCF email re: Abuse Hotline referrals 6/6/11

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27 Exhibit 25.DCF email re: Abuse Hotline referrals 6/6/11

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28 Exhibit 26.DCF email re: Abuse Hotline referrals 6/7/11

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29 Exhibit 27.Letter to DCF from Floridas Children First re: Abuse Hotline referral

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30 Exhibit 28.Child Welfare Advocates Email to DCF re: drug testing and child welfa

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31 Exhibit 29.DCF spreadsheet re: Abuse Hotline referrals as of 2/15/12

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32 Exhibit 30.DCF spreadsheet re: Abuse Hotline referrals and PNA investigations th

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33 Exhibit 31.Defendants Answers to Plaintiffs Second Set of Interrogatories

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34 Exhibit 32.DCF Questions and Answers re: drug testing program training

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35 Exhibit 33.DCF emails re: additional drug testing program training 8/31/11, 9/1/

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36 Exhibit 34.DCF emails re: no training needed to stop testing 10/10/11, 10/12/11

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37 Exhibit 35.Excerpt from Deposition of Jeri Flora 6/27/12

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38 Exhibit 36.DCF emails re: reviews of application results 8/15/11-8/15/11, 9/30/

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39 Exhibit 37.DCF email re: labs pulling out of testing program 7/1/11

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40 Exhibit 38.DCF email re: labs demanding chain of custody forms 7/12/11, 7/14/11,

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41 Exhibit 39.DCF email re: approved lab not ready 10/4/11

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42 Exhibit 40.DCF email re: premature referrals to labs 9/21/11

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43 Exhibit 41.DCF email re: labs requiring prepayment online with credit card

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44 Exhibit 42.Excerpt from Deposition of Jeff Cece and Ex. 16 to that deposition 6/

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45 Exhibit 43.DCF email re: Monroe Countys lack of labs 7/13/11

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46 Exhibit 44.DCF email re: no funds for transportation 7/13/11

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47 Exhibit 45.DCF emails re: labs out-of-state analyses and reviews 8/15/11, 10/13/

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48 Exhibit 46.DCF email re: results not given to donors 9/21/11

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49 Exhibit 47.DCF emails re: lab results faxed to wrong locations 9/28/11-9/30-11

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50 Exhibit 48.DCF email re: thousands of pages of faxes of lab results 9/7/11

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51 Exhibit 49.DCF email re: lab results to be emailed 9/20/11

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52 Exhibit 50.DCF email re: misplaced results with applicants information 9/22/11

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53 Exhibit 51.DCF email re: lab representative going to applicants home to collect

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54 Exhibit 52.DCF emails re: dialysis patients and urinary catheters 9/13/11

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55 Affidavit 53.Declaration of Luis W. Lebron 8/15/12

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56 Exhibit 54.DCF Spreadsheet of MRO results as of 10/31/11

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57 Exhibit 55.Drug testing policy of Plaintiffs employer

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58 Exhibit 56.Deposition of Linda Phinney 6/20/12

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59 Exhibit 57.DCF spreadsheet reflecting restoration of benefits 11/17/11

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60 Exhibit 58.DCF spreadsheet of TANF approval rates

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Sept. 10, 2012 PACER
79

MOTION for summary judgment by Secretary of the Florida Department of Children & Families. (Attachments: # 1 Exhibit 1 - Carroll Depo., # 2 Exhibit 2 - Ferguson Depo., # 3 Exhibit 3 - Phinney Depo., # 4 Exhibit 4 - Digre Decl., # 5 Exhibit 5 - Lebron Redacted Depo., # 6 Exhibit 5A - Ex. 7 to Lebron Depo. (Redacted), # 7 Exhibit 5B - Ex. 8 to Lebron Depo., # 8 Exhibit 5C - Ex. 9 to Lebron Depo. (Redacted), # 9 Exhibit 5D - Ex. 10 to Lebron Depo. (Redacted), # 10 Exhibit 5E - Ex. 11 to Lebron Depo. (Redacted), # 11 Exhibit 6 - Carroll Decl., # 12 Exhibit 7 - Mack Decl., # 13 Exhibit 8 - Brown Decl., # 14 Exhibit 9 - Wasserman Decl., # 15 Exhibit 10 - Graham Decl., # 16 Exhibit 11 - Wilson Decl., # 17 Exhibit 12 - Lebron 1st ROG Responses (Redacted))(Winsor, Allen) (Entered: 09/10/2012)

1 Exhibit 1 - Carroll Depo.

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2 Exhibit 2 - Ferguson Depo.

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3 Exhibit 3 - Phinney Depo.

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4 Exhibit 4 - Digre Decl.

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5 Exhibit 5 - Lebron Redacted Depo.

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6 Exhibit 5A - Ex. 7 to Lebron Depo. (Redacted)

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7 Exhibit 5B - Ex. 8 to Lebron Depo.

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8 Exhibit 5C - Ex. 9 to Lebron Depo. (Redacted)

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9 Exhibit 5D - Ex. 10 to Lebron Depo. (Redacted)

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10 Exhibit 5E - Ex. 11 to Lebron Depo. (Redacted)

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11 Exhibit 6 - Carroll Decl.

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12 Exhibit 7 - Mack Decl.

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13 Exhibit 8 - Brown Decl.

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14 Exhibit 9 - Wasserman Decl.

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15 Exhibit 10 - Graham Decl.

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16 Exhibit 11 - Wilson Decl.

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17 Exhibit 12 - Lebron 1st ROG Responses (Redacted)

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Sept. 10, 2012 PACER
80

MOTION in limine regarding Dkts. 79-13 through 79-15 by Luis W. Lebron. (Attachments: # 1 Exhibit DCF matching exercise Dkt. 79-13 at 5, # 2 Exhibit Plaintiffs First Set of Requests for Admissions, # 3 Exhibit Defendants Objections and Responses to Plaintiffs First Set of Requests For Admission, # 4 Exhibit Plaintiffs First Set of Requests for Production, # 5 Exhibit Defendants Objections and Reponses to Plaintiffs First Set of Requests For Production of Documents, # 6 Exhibit Defendants Supplemental Response to Plaintiffs First Request For Production of Documents, # 7 Exhibit Deposition of Ms. Jerilyn Flora, # 8 Exhibit Deposition of Mr. Jeffrey Cece, # 9 Exhibit Deposition of Ms. Pat Brown, # 10 Exhibit Deposition of Mr. Justin Graham, # 11 Exhibit Deposition of Mr. Adam Wasserman, # 12 Exhibit DCF emails marked Jun26 0000001-20, # 13 Exhibit DCF emails marked DCF-Emails-000001-56 Lebron)(Kayanan, Maria) (Entered: 09/24/2012)

1 Exhibit DCF matching exercise Dkt. 79-13 at 5

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2 Exhibit Plaintiffs First Set of Requests for Admissions

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3 Exhibit Defendants Objections and Responses to Plaintiffs First Set of Requests

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4 Exhibit Plaintiffs First Set of Requests for Production

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5 Exhibit Defendants Objections and Reponses to Plaintiffs First Set of Requests F

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6 Exhibit Defendants Supplemental Response to Plaintiffs First Request For Product

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7 Exhibit Deposition of Ms. Jerilyn Flora

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8 Exhibit Deposition of Mr. Jeffrey Cece

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9 Exhibit Deposition of Ms. Pat Brown

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10 Exhibit Deposition of Mr. Justin Graham

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11 Exhibit Deposition of Mr. Adam Wasserman

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12 Exhibit DCF emails marked Jun26 0000001-20

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13 Exhibit DCF emails marked DCF-Emails-000001-56 Lebron

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Sept. 24, 2012 PACER
81

RESPONSE to motion re 80 MOTION in limine regarding Dkts. 79-13 through 79-15 filed by Secretary of the Florida Department of Children & Families. (Winsor, Allen) (Entered: 10/11/2012)

Oct. 11, 2012 PACER
82

RESPONSE in opposition re 79 MOTION for summary judgment filed by Luis W. Lebron. (Attachments: # 1 Exhibit 1.11th Circuit Order Denying Reconsideration of Order Striking DCFs Initial Brief, # 2 Exhibit 2.Chart of 2011-2012 State Laws on Drug Testing TANF Applicants, # 3 Exhibit Ex. 22 to Justin Graham deposition, # 4 Exhibit 3.Plaintiffs Objections to Contention Interrogatories and Requests for Admissions)(Kayanan, Maria) (Entered: 10/15/2012)

1 Exhibit 1.11th Circuit Order Denying Reconsideration of Order Striking DCFs Init

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2 Exhibit 2.Chart of 2011-2012 State Laws on Drug Testing TANF Applicants

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3 Exhibit Ex. 22 to Justin Graham deposition

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4 Exhibit 3.Plaintiffs Objections to Contention Interrogatories and Requests for A

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Oct. 15, 2012 PACER
83

MEMORANDUM in opposition re 78 Motion for summary judgment filed by Secretary of the Florida Department of Children & Families. (Winsor, Allen) (Entered: 10/15/2012)

Oct. 15, 2012 PACER
84

REPLY to response to motion re 78 MOTION for summary judgment filed by Luis W. Lebron. (Attachments: # 1 Exhibit DCF Notice of Filing Evaluation Report, # 2 Exhibit DCF counsel emails re: Evaluation Report Filed, # 3 Exhibit Chart of Evidentiary Responses, # 4 Exhibit DCF emails re: dialysis policy)(Kayanan, Maria) (Entered: 11/01/2012)

1 Exhibit DCF Notice of Filing Evaluation Report

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2 Exhibit DCF counsel emails re: Evaluation Report Filed

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3 Exhibit Chart of Evidentiary Responses

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4 Exhibit DCF emails re: dialysis policy

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Nov. 1, 2012 PACER
85

REPLY to response to motion re 79 MOTION for summary judgment filed by Secretary of the Florida Department of Children & Families. (Winsor, Allen) (Entered: 11/01/2012)

Nov. 1, 2012 PACER
86

Unopposed MOTION for Michael Sevi to withdraw as attorney for Defendant by Secretary of the Florida Department of Children & Families. (Attachments: # 1 Text of Proposed Order)(Sevi, Michael) (Entered: 11/05/2012)

1 Text of Proposed Order

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Nov. 5, 2012 PACER
87

ORDER granting 86 Motion to withdraw as attorney. Signed by Judge Mary S. Scriven on 11/6/2012. (SL) (Entered: 11/06/2012)

Nov. 6, 2012 PACER
88

Joint MOTION for miscellaneous relief, specifically Telephonic Status Conf. by Secretary of the Florida Department of Children & Families. (Winsor, Allen) (Entered: 12/17/2012)

Dec. 17, 2012 PACER
89

ORDER DENYING 88 Joint Motion for Telephonic Status Conference; and STAYING pre-trial deadlines. Signed by Judge Mary S. Scriven on 12/20/2012. (SL) (Entered: 12/20/2012)

Dec. 20, 2012 PACER
90

NOTICE of change of address by Allen Winsor (Winsor, Allen) (Entered: 01/30/2013)

Jan. 30, 2013 PACER
91

ENDORSED SUA SPONTE ORDER: The Court has taken the parties' motions for summary judgment under advisement; and therefore deems it necessary to STAY the trial in this matter. In the event the matter is not resolved on summary judgment, the Court will enter a scheduling order sua sponte. Signed by Judge Mary S. Scriven on 2/25/2013. (APV) (Entered: 02/25/2013)

Feb. 25, 2013 PACER
92

OPINION of USCA as to 36 Notice of appeal filed by Secretary of the Florida Department of Children & Families. EOD: 2/26/13; Mandate to issue at a later date. USCA number: 11-15258-DD. AFFIRMED. (LAK) (Entered: 02/26/2013)

Feb. 26, 2013 PACER
93

Unopposed MOTION for J. Panuccio to withdraw as attorney by Secretary of the Florida Department of Children & Families. (Winsor, Allen) (Entered: 03/06/2013)

March 6, 2013 PACER
94

ORDER granting 93 Motion to Withdraw as Attorney. Signed by Judge Mary S. Scriven on 3/7/2013. (SL) (Entered: 03/07/2013)

March 7, 2013 PACER
95

Unopposed MOTION to supplement Stipulated Facts (Doc 77 ). by Secretary of the Florida Department of Children & Families. (Attachments: # 1 Supplement (Supplemental Stipulation))(Winsor, Allen) Modified on 3/21/2013 (AA). (Entered: 03/20/2013)

1 Supplement (Supplemental Stipulation)

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March 20, 2013 PACER
96

USCA judgment as to 36 Notice of appeal filed by Secretary of the Florida Department of Children & Families. Issued as Mandate on 5/7/13. USCA number: 11-15258. Re: 92 Opinion. AFFIRMED. (LAK) (Entered: 05/08/2013)

May 7, 2013 RECAP
97

ORDER for Parties to advise this Court whether additional issues need to be addressed. Signed by Judge Mary S. Scriven on 5/8/2013. (SL) (Entered: 05/08/2013)

May 8, 2013 PACER
98

RESPONSE re 97 Order of May 8 2013 filed by Luis W. Lebron. (Kayanan, Maria) (Entered: 05/21/2013)

May 21, 2013 PACER
99

RESPONSE re 97 Order (Response to 5/8/13 Order) filed by Secretary of the Florida Department of Children & Families. (Winsor, Allen) (Entered: 05/22/2013)

May 22, 2013 PACER
100

ORDER TAKING UNDER ADVISEMENT 70 Motion in Limine; TAKING UNDER ADVISEMENT 71 Motion in Limine; TAKING UNDER ADVISEMENT 78 Motion for summary judgment; TAKING UNDER ADVISEMENT 79 Motion for summary judgment; TAKING UNDER ADVISEMENT 80 Motion in Limine. Signed by Judge Mary S. Scriven on 9/30/2013. (PAB) (Entered: 09/30/2013)

Sept. 30, 2013 PACER

State / Territory: Florida

Case Type(s):

Public Benefits/Government Services

Key Dates

Filing Date: Sept. 6, 2011

Closing Date: 2015

Case Ongoing: No

Plaintiffs

Plaintiff Description:

A class of all individuals residing in Florida who are applying for, or will in the future apply for, Temporary Cash Assistance, Florida's program to distribute TANF benefits, and who would, absent the District Court’s Order of October 24, 2011, be subject to Defendant's suspicionless drug testing as a result of Fla. Stat. § 414.0652.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

ACLU Affiliates (any)

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

The State of Florida, State

Case Details

Causes of Action:

42 U.S.C. § 1983

Declaratory Judgment Act, 28 U.S.C. § 2201

Constitutional Clause(s):

Equal Protection

Availably Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Order Duration: 2011 - None

Content of Injunction:

Implement complaint/dispute resolution process

Preliminary relief granted

Issues

General:

Public benefits (includes, e.g., in-state tuition, govt. jobs)

Affected Gender:

Female

Male

Type of Facility:

Government-run

Benefit Source:

Temporary Assistance for Needy Families (TANF)