Case: United States v. Florida

1:12-cv-22958 | U.S. District Court for the Southern District of Florida

Filed Date: Aug. 14, 2012

Case Ongoing

Clearinghouse coding complete

Case Summary

On August 14, 2012, the U.S. Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Southern District of Florida on behalf of Jewish prisoners under 42 U.S.C. § 2000cc-2(f) and 28 U.S.C. §§ 2201 and 2202 against the Florida Department of Corrections. The DOJ asked the court for declaratory and injunctive relief, claiming that defendant violated religious freedoms granted by the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Specifically, plaint…

On August 14, 2012, the U.S. Department of Justice (DOJ) filed this lawsuit in the U.S. District Court for the Southern District of Florida on behalf of Jewish prisoners under 42 U.S.C. § 2000cc-2(f) and 28 U.S.C. §§ 2201 and 2202 against the Florida Department of Corrections. The DOJ asked the court for declaratory and injunctive relief, claiming that defendant violated religious freedoms granted by the Religious Land Use and Institutionalized Persons Act of 2000 (RLUIPA). Specifically, plaintiffs claimed that the Florida Department of Corrections violated RLIUPA and substantially burdened the prisoners' religious exercise by not offering kosher meals to inmates.

On May 15, 2013, Muslim prisoners filed a motion to intervene, seeking halal, or in the alternative, kosher meals for Muslim prisoners who observed halal dietary laws. Judge Patricia A. Seitz denied the motion on September 6, 2013. 2013 WL 4786829.

The court issued a preliminary injunction on December 6, 2013. It required the defendants to provide a kosher diet program to all prisoners with a sincere religious belief by July 2014. It also enjoined three of the state’s methods for issuing a religious diet program: 1) the Orthodox sincerity test, 2) the “ten-percent rule,” which removed a prisoner from the Religious Diet Program for missing ten percent of meals within a month, and 3) a zero tolerance rule that suspended the kosher diet for prisoners who were caught eating non-kosher once, without opportunity to contest suspension.

The defendants filed motions for a stay of the preliminary injunction both to the Eleventh Circuit and the district court. The motions contested the enjoining of the three “tests” for granting a kosher diet as well as the July 2014 deadline for compliance. The Eleventh Circuit denied the motion for a stay in May 2014. The district then denied the motion for stay in June 2014. On June 27, 2014, the Circuit remanded to the district court to alter the July deadline.

On February 27, 2015, the Eleventh Circuit dismissed the defendant's remaining appeals of the preliminary injunction because of mootness. It ruled that under the Prison Litigation Reform Act (PLRA), which governs all RLUIPA challenges, a preliminary injunction would expire automatically after 90 days unless the court “makes the findings required under subsection (a)(1) for the entry of prospective relief. . .” and “makes the order final before the expiration of the 90-day period.” 18 U.S.C. § 3626(a)(2). The district court made neither finding, so the preliminary injunction expired in March 2014.

Judge Seitz ruled on the summary judgment motions for declaratory relief and permanent injunctions on April 30, 2015. 2015 WL 1977795. Declaratory relief was granted to the plaintiffs for three claims. The court held that the defendant violated RLUIPA through 1) denial of a kosher diet to sincere prisoners, 2) its “ten-percent rule”, and 3) its zero tolerance rule.

Summary judgment was also granted to the defendants on two claims, declaring that 1) the doctrinal sincerity test for a special diet did not violate RLUIPA as long as it was not unduly weighted in determining sincerity, and 2) an anti-bartering policy did not violate RLUIPA.

The court then issued its final ruling on a permanent injunction on August 12, 2015. 2015 WL 4768247. The injunction ordered the defendants to 1) offer a kosher diet to all prisoners with a sincere religious basis for keeping kosher, 2) end the ten percent rule, and 3) stop enforcement of the zero tolerance rule without an opportunity for prisoners to contest their removal or suspension. The court then furthered ordered that the defendants create auditing and training procedures, produce both monthly and quarterly reports, and open access of their facilities to the Federal Dept. of Corrections. It provided a thirty day period to cure the failures in the kosher diet program.

On September 11, 2015, the defendants appealed the order. On July 14, 2016, the Eleventh Circuit (Judges William Pryor, Jill Pryor, Richard Story) denied the appeal, holding that the defendants had not proved a compelling governmental interest for not providing kosher meals to the inmates. Moreover, the court stated that even if the defendants had a compelling governmental interest, there was no proof that denying kosher meals was the least restrictive means of furthering that interest.

Over the following months, the court continued to receive reports on compliance with the order and also fielded grievances from prisoners denied entry into the kosher diet program (though none received an additional hearing). A hearing was held on October 23, 2018, when the parties discussed the quarterly and monthly reports, the auditing process and filing a joint motion to terminate the injunction. The the joint motion to terminate the injunction and declaratory judgement was filed on December 5, 2018.

On January 9, 2019, the court ordered the motion to terminate the injunction to be granted following two years without evidence of violation. However, the court denied the motion to terminate the declaratory judgement to ensure the Department of Corrections continues to have a legal responsibility to meet religious dietary preferences.

During April and May, prisoners mailed motions requesting enforced relief and inquiring into updates in the proceedings. On May 22, 2019, the court denied the motion to enforce relief from the previously entered permanent injunction. However, the permanent injunction was dissolved on January 9, 2019, and there was no injunction to enforce.

As of October 31, 2019, the declaratory judgment remains in effect ensuring the Department of Corrections to meet the religious dietary preferences of prisoners.

Summary Authors

Christina Bonanni (10/18/2013)

Dan Hofman (4/10/2016)

Daniele de Oliveira Nunes (11/2/2018)

Emma Himes (10/31/2019)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/4684639/parties/united-states-v-secretary-department-of-corrections/


Judge(s)

Seitz, Patricia A. (Florida)

Attorneys(s) for Plaintiff

Blumberg, Jeffrey (District of Columbia)

Dimsey, Dennis J. (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Fox, Deena (District of Columbia)

Gross, Mark L. (District of Columbia)

Harrell-James, Veronica Vanessa (Florida)

Rosenbaum, Steven H. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Songer, Michael J. (District of Columbia)

Judge(s)

Seitz, Patricia A. (Florida)

Attorneys(s) for Plaintiff

Blumberg, Jeffrey (District of Columbia)

Dimsey, Dennis J. (District of Columbia)

Dreiband, Eric S. (District of Columbia)

Fox, Deena (District of Columbia)

Gross, Mark L. (District of Columbia)

Harrell-James, Veronica Vanessa (Florida)

Rosenbaum, Steven H. (District of Columbia)

Samuels, Jocelyn (District of Columbia)

Songer, Michael J. (District of Columbia)

Wang, Christopher C. (District of Columbia)

Attorneys(s) for Defendant

Bondi, Pamela Jo (Florida)

Braun, Jamie Melissa (Florida)

Grimes, David W. (Florida)

Kowalchyk, Dean Clinton (Florida)

Kverne, Erik D. (Florida)

Maher, Susan Adams (Florida)

Tietig, Lisa Kuhlman (Florida)

Vail, E. Jason (Florida)

Other Attorney(s)

Austin, Roy L. (District of Columbia)

Berg, Randall Challen Jr. (Florida)

Camp, John Anderson (Florida)

Christianson, Jennifer (Florida)

Ferrer, Wilfredo A (Florida)

Mygatt, Timothy D (District of Columbia)

Perez, Thomas E. (District of Columbia)

Smith, Jonathan Mark (District of Columbia)

Trevisani, Dante Pasquale (Florida)

Documents in the Clearinghouse

Document

1:12-cv-22958

Docket [PACER]

United States v. Secretary Department of Corrections

Nov. 5, 2019

Nov. 5, 2019

Docket
1

1:12-cv-22958

Complaint

Aug. 14, 2012

Aug. 14, 2012

Complaint
13

1:12-cv-22958

Order Denying Motion to Dismiss or, in the Alternative, Motion to Transfer Venue

Dec. 19, 2012

Dec. 19, 2012

Order/Opinion
29

1:12-cv-22958

United States' Motion for a Preliminary Injunction

April 10, 2013

April 10, 2013

Pleading / Motion / Brief
56-1

1:12-cv-22958

United States [Proposed] Findings of Fact and Conclusion of Law

May 24, 2013

May 24, 2013

Pleading / Motion / Brief
59

1:12-cv-22958

Motion to Intervene with Memorandum of Law for Plaintiff-Intervenors

May 30, 2013

May 30, 2013

Pleading / Motion / Brief
77

1:12-cv-22958

Order Denying Motion to Intervene

Sept. 6, 2013

Sept. 6, 2013

Order/Opinion
104

1:12-cv-22958

First Amended Complaint

Nov. 25, 2013

Nov. 25, 2013

Complaint
106

1:12-cv-22958

Order Granting Preliminary Injunction, Resetting Trial Date, and Setting Status Conference

Dec. 6, 2013

Dec. 6, 2013

Order/Opinion

14-10086

Brief for the United States as Appellee

U.S. v. Florida Department of Corrections

U. S. Court of Appeals for the Eleventh Circuit

May 21, 2014

May 21, 2014

Pleading / Motion / Brief

Docket

See docket on RECAP: https://www.courtlistener.com/docket/4684639/united-states-v-secretary-department-of-corrections/

Last updated Dec. 24, 2022, 3:05 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against All Defendants. Filing fee $ 350.00. USA Filer - No Filing Fee Required, filed by UNITED STATES OF AMERICA. (Attachments: # 1 Civil Cover Sheet, # 2 Certification Civil action certification)(Songer, Michael) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

Clearinghouse
2

Judge Assignment to Judge Patricia A. Seitz and Magistrate Judge Andrea M. Simonton (cqs) (Entered: 08/14/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
3

Summons Issued as to Secretary Department of Corrections. (cqs) (Entered: 08/15/2012)

Aug. 14, 2012

Aug. 14, 2012

PACER
4

Order Requiring Joint Scheduling Report -Joint Scheduling Report due by 11/19/2012 Signed by Judge Patricia A. Seitz on 9/5/2012. (cqs) (Entered: 09/05/2012)

Sept. 5, 2012

Sept. 5, 2012

PACER
5

SUMMONS (Affidavit) Returned Executed on 1 Complaint Secretary Department of Corrections served on 8/30/2012, answer due 9/20/2012. (cqs) (Entered: 09/06/2012)

Sept. 6, 2012

Sept. 6, 2012

PACER
6

NOTICE of Attorney Appearance by Susan A. Maher on behalf of Secretary Department of Corrections (Maher, Susan) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
7

Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 1 Complaint by Secretary Department of Corrections. (Attachments: # 1 Text of Proposed Order)(Maher, Susan) (Entered: 09/20/2012)

Sept. 20, 2012

Sept. 20, 2012

PACER
8

ORDER granting 7 Motion for Extension of Time to Answer RE: Complaints re 1 Complaint Florida Department of Corrections answer due 10/11/2012; Secretary Department of Corrections answer due 10/11/2012. Signed by Judge Patricia A. Seitz on 9/21/2012. (cqs) (Entered: 09/24/2012)

Sept. 21, 2012

Sept. 21, 2012

PACER
9

Defendant's MOTION to Dismiss 1 Complaint, or In The Alternative, To Transfer Venue by Secretary Department of Corrections. Responses due by 10/29/2012 (Maher, Susan). Added MOTION to Transfer Venue on 10/12/2012 (jua). (Entered: 10/11/2012)

Oct. 11, 2012

Oct. 11, 2012

PACER
10

Clerks Notice to Filer re 9 Defendant's MOTION to Dismiss 1 Complaint for Improper Venue or In The Alternative, To Transfer Venue. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (jua) (Entered: 10/12/2012)

Oct. 12, 2012

Oct. 12, 2012

PACER
11

RESPONSE in Opposition re 9 Defendant's MOTION to Dismiss 1 Complaint for Improper Venue or In The Alternative, To Transfer Venue MOTION to Change Venue filed by United States of America. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E)(Songer, Michael) (Entered: 10/29/2012)

Oct. 29, 2012

Oct. 29, 2012

PACER
12

JOINT SCHEDULING REPORT - Rule 26(f) by United States of America (Songer, Michael)Text Modified on 11/20/2012 (cqs). (Entered: 11/19/2012)

Nov. 19, 2012

Nov. 19, 2012

PACER
13

ORDER denying 9 Motion to Dismiss; denying 9 Motion to Change Venue Answer Deadline 12/31/2012 Signed by Judge Patricia A. Seitz on 12/19/2012. (cqs) (Entered: 12/19/2012)

Dec. 19, 2012

Dec. 19, 2012

Clearinghouse

Reset Answer Due Deadline: Secretary Department of Corrections response due 12/31/2012. (cqs)

Dec. 19, 2012

Dec. 19, 2012

PACER
14

ORDER of Referral to Mediation. Mediation Deadline 10/30/2013. Signed by Judge Kathleen M. Williams on 12/20/2012. (cqs)Judge Modified on 12/26/2012 (cqs). (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
15

Order Setting Trial Date, Pretrial Deadlines and Referral To Magistrate, SCHEDULING ORDER: ( Pretrial Conference set for 3/12/2014 09:00 AM before Judge Patricia A. Seitz., Jury Trial set for 3/24/2014 before Judge Patricia A. Seitz., Calendar Call set for 3/19/2014 01:15 PM before Judge Patricia A. Seitz., Discovery due by 9/30/2013., Dispositive Motions due by 10/31/2013., -Joint Scheduling Report due by 2/21/2014), ORDER REFERRING CASE to Magistrate Judge Andrea M. Simonton Signed by Judge Kathleen M. Williams on 12/20/2012. (cqs)Judge Modified on 12/26/2012 (cqs). (Entered: 12/20/2012)

Dec. 20, 2012

Dec. 20, 2012

PACER
16

ANSWER and Affirmative Defenses to Complaint by Secretary Department of Corrections.(Maher, Susan) (Entered: 01/01/2013)

Jan. 1, 2013

Jan. 1, 2013

PACER
17

NOTICE of Attorney Appearance by Dean C. Kowalchyk on behalf of Secretary Department of Corrections (Kowalchyk, Dean) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
18

NOTICE of Attorney Appearance by Deena Fox on behalf of United States of America (Fox, Deena) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
19

NOTICE by United States of America Selection of Mediator (Attachments: # 1 Proposed Order Scheduling Mediation)(Songer, Michael) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
20

Joint MOTION to Amend/Correct 14 Order Referring Case to Mediation by United States of America. Responses due by 1/22/2013 (Songer, Michael) (Entered: 01/03/2013)

Jan. 3, 2013

Jan. 3, 2013

PACER
21

ORDER granting 20 Motion to Amend/Correct. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge Miscellaneous Deadline 1/10/2013. Signed by Judge Patricia A. Seitz on 1/4/2013. (dj) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER
22

ORDER Scheduling Mediation before Thomas H Bateman, III Mediation Hearing set for 1/17/2013 09:00 AM Signed by Judge Patricia A. Seitz on 1/4/2013. (dj) (Entered: 01/04/2013)

Jan. 4, 2013

Jan. 4, 2013

PACER
23

NOTICE of Attorney Appearance by Veronica Vanessa Harrell-James on behalf of United States of America (Harrell-James, Veronica) (Entered: 01/09/2013)

Jan. 9, 2013

Jan. 9, 2013

PACER
24

Joint MOTION to Stay re 15 Scheduling Order, Order Referring Case to Magistrate Judge,,,, by United States of America. Responses due by 2/4/2013 (Attachments: # 1 Text of Proposed Order)(Songer, Michael). Added MOTION for Extension of Time on 1/18/2013 (cqs). (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER
25

MEDIATION REPORT by Thomas H. Bateman III. Disposition: Adjourned.(Maher, Susan) (Entered: 01/18/2013)

Jan. 18, 2013

Jan. 18, 2013

PACER
26

MEDIATION REPORT by Thomas H. Bateman, III. Disposition: Adjourned.(yar) (Entered: 01/22/2013)

Jan. 22, 2013

Jan. 22, 2013

PACER
27

ORDER granting 24 Motion to Stay( Discovery due by 12/30/2013., Dispositive Motions due by 1/29/2014., Pretrial Stipulation due by 5/22/2014., Calendar Call set for 6/15/2014 01:15 PM before Judge Patricia A. Seitz., Jury Trial set for 6/30/2014 before Judge Patricia A. Seitz., Pretrial Conference set for 6/10/2014 09:00 AM before Judge Patricia A. Seitz.); granting 24 Motion for Extension of Time Signed by Judge Patricia A. Seitz on 1/23/2013. (cqs) (Entered: 01/23/2013)

Jan. 23, 2013

Jan. 23, 2013

PACER
28

STATUS REPORT by United States of America (Songer, Michael) (Entered: 04/10/2013)

April 10, 2013

April 10, 2013

PACER
29

MOTION for Preliminary Injunction by United States of America. (Attachments: # 1 Text of Proposed Order, # 2 Affidavit Declaration of Michael Songer, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit)(Songer, Michael) (Entered: 04/10/2013)

April 10, 2013

April 10, 2013

Clearinghouse
30

ORDER LIFTING STAY Signed by Judge Patricia A. Seitz on 4/15/2013. (ots) (Entered: 04/15/2013)

April 15, 2013

April 15, 2013

PACER
31

MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Preliminary Injunction by Secretary Department of Corrections. (Attachments: # 1 Text of Proposed Order)(Maher, Susan) (Entered: 04/25/2013)

April 25, 2013

April 25, 2013

PACER
32

RESPONSE in Opposition re 31 MOTION for Extension of Time to File Response/Reply as to 29 MOTION for Preliminary Injunction filed by United States of America. (Attachments: # 1 Exhibit, # 2 Exhibit)(Songer, Michael) (Entered: 04/26/2013)

April 26, 2013

April 26, 2013

PACER
33

ORDER granting in part 31 Motion for Extension of Time to File Response Responses due by 5/3/2013 Signed by Judge Patricia A. Seitz on 4/29/2013. (cqs) (Entered: 04/29/2013)

April 29, 2013

April 29, 2013

PACER

Set/Reset Deadlines as to 29 MOTION for Preliminary Injunction . Responses due by 5/3/2013. SEE (DE 33) Order on Motion (dm)

April 30, 2013

April 30, 2013

PACER
34

RESPONSE in Opposition re 29 MOTION for Preliminary Injunction filed by Secretary Department of Corrections. (Maher, Susan) (Entered: 05/03/2013)

May 3, 2013

May 3, 2013

Clearinghouse
35

NOTICE by Secretary Department of Corrections re 34 Response in Opposition to Motion of Filing Exhibits A through C (Attachments: # 1 Exhibit A - Declaration of Shane Phillips, # 2 Exhibit B - Declaration of Alex Taylor, # 3 Exhibit Declaration of Mark Tallent)(Maher, Susan) (Entered: 05/04/2013)

May 4, 2013

May 4, 2013

PACER
36

MOTION for Leave to File Excess Pages by Secretary Department of Corrections. (Maher, Susan) (Entered: 05/05/2013)

May 5, 2013

May 5, 2013

PACER
37

NOTICE by Secretary Department of Corrections re 36 MOTION for Leave to File Excess Pages of Local Rule 7.1(a)(3) /Certification (Maher, Susan) (Entered: 05/06/2013)

May 6, 2013

May 6, 2013

PACER
38

ORDER granting 36 Motion for Leave to File Excess Pages Signed by Judge Patricia A. Seitz on 5/7/2013. (cqs) (Entered: 05/08/2013)

May 8, 2013

May 8, 2013

PACER
39

NOTICE Of Filing Supplemental Exhibits by Secretary Department of Corrections re 34 Response in Opposition to Motion (Attachments: # 1 Exhibit D - Supplemental Declaration of Shane Phillips, # 2 Exhibit D - Att 1 - Cost Spreadsheet, # 3 Exhibit E - Declaration of Kathleen Fuhrman, # 4 Exhibit E - Att 1 - USA's Initial Disclosures, # 5 Exhibit E - Att 2 - Keefe Canteen List, # 6 Exhibit E - Att 3-4 - Gray; Schuster, # 7 Exhibit E - Att 5-6 - Robbins; Shapiro, # 8 Exhibit E - Att 7 - Phillips, # 9 Exhibit E - Att 8-10 - Melton; Camacho; Breitberg, # 10 Exhibit E - Att 11-13 - Newkirk;Lopiano;Inkeles, # 11 Exhibit E - Att 14-15 - Katz; Schack, # 12 Exhibit F - Declaration of Rosalind Wromas, # 13 Exhibit F - Att 2-10 - Rodriguez; Bettis; Abrams; Burgess; Winikoff; Fishbone; Mullen; Rein; Robinson, # 14 Exhibit F - Att 11-19 - Drock; Spiegel; Rosenblum; Serieaux; Stearns; Schiere; Meizlik; Berkowitz; Sookov)(Maher, Susan)Text Modified on 5/10/2013 (cqs). (Entered: 05/10/2013)

May 10, 2013

May 10, 2013

PACER
40

REPLY to Response to Motion re 29 MOTION for Preliminary Injunction filed by United States of America. (Attachments: # 1 Exhibit Exhibit A, # 2 Motion for Leave to File Exhibit A)(Songer, Michael) (Entered: 05/13/2013)

May 13, 2013

May 13, 2013

PACER
41

ORDER Setting Preliminary Injuction Hearing, ( Motion for Preliminary Injuction, Hearing set for 6/4/2013 10:00 AM before Judge Patricia A. Seitz.) Signed by Judge Patricia A. Seitz on 5/14/2013. (cqs) (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

PACER
42

NOTICE by United States of America of Relevant Authority (Attachments: # 1 Exhibit Rich v. Secretary opinion)(Songer, Michael) (Entered: 05/14/2013)

May 14, 2013

May 14, 2013

PACER
43

NOTICE by Secretary Department of Corrections re 39 Notice (Other),,,, of Filing Corrected Supplemental Exhibit F (Attachments: # 1 Exhibit F - Declaration of Rosalind Wromas, # 2 Exhibit F - Att 1 - Keefe Canteen List, # 3 Exhibit F - Att 2-10 - Rodriguez; Bettis; Abrams; Burgess; Winikoff; Fishbone; Mullen; Rein; Robinson, # 4 Exhibit F - Att 11-19 - Drock; Spiegel; Rosenblum; Serieaux; Stearns; Schiere; Meizlik; Berkowitz; Sookov)(Maher, Susan) Modified Text on 5/21/2013 (ls). (Entered: 05/21/2013)

May 21, 2013

May 21, 2013

PACER
44

ORDER REVISING DEADLINES FOR PRELIMINARY INJUNCTION HEARING Signed by Judge Patricia A. Seitz on 5/22/2013. (dgj) (Entered: 05/22/2013)

May 22, 2013

May 22, 2013

PACER
45

Exhibit List for Preliminary Injunction Hearing by Secretary Department of Corrections.. (Maher, Susan) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
46

Witness List for Preliminary Injunction Hearing by Secretary Department of Corrections.. (Maher, Susan) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
47

NOTICE by Secretary Department of Corrections, Florida Department of Corrections filing proposed findings of fact and conclusions of law. Attorney Jason Vail added to party Secretary Department of Corrections(pty:dft). (Vail, Jason) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
48

NOTICE of Attorney Appearance by Jason Vail on behalf of Secretary Department of Corrections (Vail, Jason) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
49

Exhibit List by United States of America.. (Attachments: # 1 Exhibit Exhibit1, # 2 Exhibit Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34)(Songer, Michael) (Entered: 05/24/2013)

1 Exhibit Exhibit1

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2 Exhibit Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9

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10 Exhibit 10

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11 Exhibit 11

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12 Exhibit 12

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13 Exhibit 13

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14 Exhibit 14

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15 Exhibit 15

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18 Exhibit 18

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19 Exhibit 19

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34 Exhibit 34

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May 24, 2013

May 24, 2013

PACER
50

Witness List by United States of America.. (Songer, Michael) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
51

NOTICE by United States of America Joint Statement of Issues in Dispute (Songer, Michael) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
52

NOTICE by United States of America Joint Statement of Undisputed Material Facts (Songer, Michael) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
53

(STRICKEN PER DE # 57)Proposed Findings of Fact and Proposed Conclusions of Law by United States of America. (Songer, Michael)Text Modified on 5/28/2013 (cqs). (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
54

Clerks Notice to Filer re 53 Proposed Findings of Fact. Proposed Order Docketed as Main Document; CORRECTIVE ACTION REQUIRED - Filer must File a Notice of Striking, then resubmit the proposed order as instructed in the CM/ECF Administrative Procedures (cqs) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
55

NOTICE by Secretary Department of Corrections re 45 Exhibit List of Filing Exhibits (Attachments: # 1 Exhibit 1 - Declaration of Alex Taylor, with attachments, # 2 Exhibit 2 - Supplemental Declaration of Shane Phillips, with attachments, # 3 Exhibit 3 - Declaration of Kathy Fuhrman, with attachments, # 4 Exhibit 4 - Declaration of Rosalind Wromas, with attachments, # 5 Exhibit 4 (cont'd) - Declaration of Rosalind Wromas, with attachments, # 6 Exhibit 4 (cont'd) - Declaration of Rosalind Wromas, with attachments, # 7 Exhibit 5 - Declaration of Mark Tallent, # 8 Exhibit 6 - JDAP Religious Study Group Report with Appendices [DE 29-3], # 9 Exhibit 7 - Special Religious Diet Pilot Program - Initial 30-Day Review [DE 29-4], # 10 Exhibit 8 -US Department of Justice, FBOP, Program Statement P5360.09, dated 12/31/2004, # 11 Exhibit 9 - US Department of Justice, FBOP, Religious Diet Interview form BP-S699.053, # 12 Exhibit 10 - Florida Department of Corrections Procedure 503.006, revised May 22, 2013, # 13 Exhibit 11 - Florida Department of Corrections Form DC5-324, revised May 22, 2013, # 14 Exhibit 12 - Canteen records for inmate applicants from Union Correctional Institution for participation in Certified Food Option (CFO), # 15 Exhibit 13 - Canteen Menu - Kosher Items Only)(Maher, Susan) (Entered: 05/24/2013)

1 Exhibit 1 - Declaration of Alex Taylor, with attachments

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2 Exhibit 2 - Supplemental Declaration of Shane Phillips, with attachments

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3 Exhibit 3 - Declaration of Kathy Fuhrman, with attachments

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4 Exhibit 4 - Declaration of Rosalind Wromas, with attachments

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5 Exhibit 4 (cont'd) - Declaration of Rosalind Wromas, with attachments

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6 Exhibit 4 (cont'd) - Declaration of Rosalind Wromas, with attachments

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7 Exhibit 5 - Declaration of Mark Tallent

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8 Exhibit 6 - JDAP Religious Study Group Report with Appendices [DE 29-3]

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9 Exhibit 7 - Special Religious Diet Pilot Program - Initial 30-Day Review [DE 29-

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10 Exhibit 8 -US Department of Justice, FBOP, Program Statement P5360.09, dated 12/

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11 Exhibit 9 - US Department of Justice, FBOP, Religious Diet Interview form BP-S69

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12 Exhibit 10 - Florida Department of Corrections Procedure 503.006, revised May 22

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13 Exhibit 11 - Florida Department of Corrections Form DC5-324, revised May 22, 201

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14 Exhibit 12 - Canteen records for inmate applicants from Union Correctional Insti

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15 Exhibit 13 - Canteen Menu - Kosher Items Only

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May 24, 2013

May 24, 2013

PACER
56

NOTICE by United States of America proposed Findings of Fact and Conclusions of Law (Attachments: # 1 Proposed Findings of Fact and Conclusions of Law)(Songer, Michael) (Entered: 05/24/2013)

1 Proposed Findings of Fact and Conclusions of Law

View on Clearinghouse

May 24, 2013

May 24, 2013

PACER
57

NOTICE of Striking Docket Entry 53 by United States of America (Songer, Michael) (Entered: 05/24/2013)

May 24, 2013

May 24, 2013

PACER
58

NOTICE by United States of America of Appearance by Attorney Timothy Mygatt (Songer, Michael) (Entered: 05/29/2013)

May 29, 2013

May 29, 2013

PACER
59

MOTION to Intervene With Incorporated Memorandum of Law and Attached Pleading of Applicants for Intervention by Reginald E. Rose, Vernon Alexander, Jeffrey Miller, Omar Shariff Jones. Attorney Randall Challen Berg, Jr added to party Reginald E. Rose (pty:intvp), Attorney Randall Challen Berg, Jr added to party Vernon Alexander(pty:intvp), Attorney Randall Challen Berg, Jr added to party Jeffrey Miller(pty:intvp), Attorney Randall Challen Berg, Jr added to party Omar Shariff Jones(pty:intvp). (Attachments: # 1 Exhibit 1- Complaint from Rose I, # 2 Exhibit 2 - Notice In Reference to Studay Group, # 3 Exhibit 3 - Letter from Sec. to Study Group, # 4 Exhibit 4- proposed Pleading of Intervenors)(Berg, Randall) (Entered: 05/30/2013)

May 30, 2013

May 30, 2013

Clearinghouse
60

NOTICE Judge Seitz notifies the parties that she worked with the former Secretary of the Florida Department of Corrections, James McDonough, form May 1996 until October 1997 in the Office of National Drug Control Policy in the White House Executive Office of the President. Her relationship with James McDonough will have no effect on her rulings in this case. (cbn) (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

PACER
61

NOTICE The Court is part of the Courtroom Cameras Pilot Project and intends to have the heraing on June 4, 2013 video recorded as part of the Project. In order to do this, the parties and witnesses must consent. The parties are directed to review the Districts Cameras in the Courtroom Pilot Project guidance available at http://www.flsd.uscourts.gov/?page_id=5838 and submit a Party Response to Request for Video Recording, by e-mail only, to seitzcamera@flsd.uscourts.gov no later than June 3, 2013, at 5:00 p.m. These forms should NOT be filed via the CM/ECF system. (cbn) (Entered: 06/03/2013)

June 3, 2013

June 3, 2013

PACER
62

Minute Entry for proceedings held before Judge Patricia A. Seitz: Motion Hearing held on 6/4/2013 re 29 MOTION for Preliminary Injunction filed by United States of America. Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov (lw) (Entered: 06/04/2013)

June 4, 2013

June 4, 2013

PACER
63

Minute Entry for proceedings held before Judge Patricia A. Seitz: Motion Hearing held on 6/5/2013 re 29 MOTION for Preliminary Injunction filed by United States of America. Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov (lw) (Entered: 06/06/2013)

June 5, 2013

June 5, 2013

PACER
64

NOTICE of Attorney Appearance by Dante Pasquale Trevisani on behalf of Vernon Alexander, Omar Shariff Jones, Jeffrey Miller, Reginald E. Rose. Attorney Dante Pasquale Trevisani added to party Vernon Alexander(pty:intvp), Attorney Dante Pasquale Trevisani added to party Omar Shariff Jones(pty:intvp), Attorney Dante Pasquale Trevisani added to party Jeffrey Miller(pty:intvp), Attorney Dante Pasquale Trevisani added to party Reginald E. Rose (pty:intvp). (Trevisani, Dante) (Entered: 06/10/2013)

June 10, 2013

June 10, 2013

PACER
65

RESPONSE in Opposition re 59 MOTION to Intervene With Incorporated Memorandum of Law and Attached Pleading of Applicants for Intervention filed by Secretary Department of Corrections. (Attachments: # 1 Exhibit, # 2 Exhibit)(Vail, Jason) (Entered: 06/11/2013)

June 11, 2013

June 11, 2013

PACER
66

RESPONSE to Motion re 59 MOTION to Intervene With Incorporated Memorandum of Law and Attached Pleading of Applicants for Intervention filed by United States of America. Replies due by 6/24/2013. (Songer, Michael) (Entered: 06/13/2013)

June 13, 2013

June 13, 2013

PACER
67

TRANSCRIPT of Preliminary Injunction Hearing held on 6-4-13 before Judge Patricia A. Seitz, Volume Number 1 of 2, 1-192 pages, Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/20/2013. (de) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
68

TRANSCRIPT of Preliminary Injunction Hearing held on 6-5-13 before Judge Patricia A. Seitz, Volume Number 2 of 2, 1-220 pages, Court Reporter: David Ehrlich, 305-523-5537 / David_Ehrlich@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/15/2013. Redacted Transcript Deadline set for 7/25/2013. Release of Transcript Restriction set for 9/20/2013. (de) (Entered: 06/19/2013)

June 19, 2013

June 19, 2013

PACER
69

REPLY to Response to Motion re 59 MOTION to Intervene With Incorporated Memorandum of Law and Attached Pleading of Applicants for Intervention filed by Reginald E. Rose. (Attachments: # 1 Exhibit FDOCs Motion to Dismiss, or in the alternative Motion for Summary Judgment,)(Berg, Randall) (Entered: 06/20/2013)

June 20, 2013

June 20, 2013

PACER
70

Proposed Findings of Fact [Supplemental] by Secretary Department of Corrections. (Maher, Susan) (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

Clearinghouse
71

NOTICE by United States of America proposed Findings of Fact and Conclusions of Law (Attachments: # 1 Exhibit Proposed Findings of Fact and Conclusions of Law)(Songer, Michael) (Entered: 07/05/2013)

July 5, 2013

July 5, 2013

PACER
72

NOTICE by Secretary Department of Corrections re 34 Response in Opposition to Motion, 29 MOTION for Preliminary Injunction of Submission of Supplemental Evidence in Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction (Attachments: # 1 Exhibit A - Declaration of Alex Taylor with Attachment)(Maher, Susan) (Entered: 07/19/2013)

July 19, 2013

July 19, 2013

PACER
73

NOTICE of Attorney Appearance by John Anderson Camp on behalf of Vernon Alexander, Omar Shariff Jones, Jeffrey Miller, Reginald E. Rose. Attorney John Anderson Camp added to party Vernon Alexander(pty:intvp), Attorney John Anderson Camp added to party Omar Shariff Jones(pty:intvp), Attorney John Anderson Camp added to party Jeffrey Miller(pty:intvp), Attorney John Anderson Camp added to party Reginald E. Rose (pty:intvp). (Camp, John) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
74

NOTICE of Attorney Appearance by Jennifer Christianson on behalf of Vernon Alexander, Omar Shariff Jones, Jeffrey Miller, Reginald E. Rose. Attorney Jennifer Christianson added to party Vernon Alexander(pty:intvp), Attorney Jennifer Christianson added to party Omar Shariff Jones(pty:intvp), Attorney Jennifer Christianson added to party Jeffrey Miller(pty:intvp), Attorney Jennifer Christianson added to party Reginald E. Rose (pty:intvp). (Christianson, Jennifer) (Entered: 08/08/2013)

Aug. 8, 2013

Aug. 8, 2013

PACER
75

NOTICE by Secretary Department of Corrections re 34 Response in Opposition to Motion, 29 MOTION for Preliminary Injunction of Submission of Supplement Evidence In Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction (Attachments: # 1 Affidavit Alex Taylor, # 2 Appendix 1)(Maher, Susan) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
76

Notice of Supplemental Authority by Secretary Department of Corrections (Attachments: # 1 Exhibit A - Knight v. Thompson)(Maher, Susan) (Entered: 08/13/2013)

Aug. 13, 2013

Aug. 13, 2013

PACER
77

ORDER denying 59 Motion to Intervene. Signed by Judge Patricia A. Seitz on 9/6/2013. (cqs) (Entered: 09/06/2013)

Sept. 6, 2013

Sept. 6, 2013

Clearinghouse
78

NOTICE/Letter to the Court by Tommy Lee Roberson (yar) (Entered: 09/13/2013)

Sept. 13, 2013

Sept. 13, 2013

PACER
79

STATUS REPORT and Notice of Intent to Submit Supplemental Evidence in Support of Defendant's Opposition to Plaintiff's Motion for Preliminary Injunction by Secretary Department of Corrections (Maher, Susan) (Entered: 10/21/2013)

Oct. 21, 2013

Oct. 21, 2013

PACER
80

MOTION to Compel by United States of America. Responses due by 11/15/2013 (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C, # 4 Exhibit Exhibit D, # 5 Exhibit Exhibit E, # 6 Exhibit Exhibit F, # 7 Exhibit Exhibit G, # 8 Exhibit Exhibit H, # 9 Exhibit Exhibit I)(Songer, Michael) (Entered: 10/28/2013)

Oct. 28, 2013

Oct. 28, 2013

PACER
81

ENDORSED ORDER striking 80 Motion to Compel for failure to comply with the Court's procedures on discovery disputes as set forth in attachment A to DE # 15 . Signed by Magistrate Judge Andrea M. Simonton. (eh00) (Entered: 10/29/2013)

Oct. 29, 2013

Oct. 29, 2013

PACER
82

MOTION for Leave to File Amended Complaint by United States of America. (Attachments: # 1 Exhibit Exhibit A, Amended Complaint)(Songer, Michael) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
83

NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 11/14/2013 10:00 AM in Miami Division before Magistrate Judge Andrea M. Simonton. (Songer, Michael) (Entered: 10/31/2013)

Oct. 31, 2013

Oct. 31, 2013

PACER
84

ORDER Setting Hearing on Motion 82 MOTION for Leave to File Amended Complaint :( Motion Hearing set for 11/21/2013 09:00 AM in Miami Division before Judge Patricia A. Seitz.), ( Responses due by 11/15/2013) Signed by Judge Patricia A. Seitz on 11/1/2013. (cqs) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

PACER
85

ORDER REQUIRING BRIEFING ON DISCOVERY MATTER. Based upon a review of the notice of hearing and discovery materials, the undersigned has determined it is appropriate to require briefing regarding the issue of the inspection of the FDOC facilities. Therefore, on or before November 6, 2013, Plaintiff shall file a memorandum of law not to exceed five pages. Defendant shall file a response, not to exceed five pages, on or before November 11, 2013. Signed by Magistrate Judge Andrea M. Simonton. (eh00) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

PACER
86

NOTICE of Attorney Appearance by Jamie M. Braun on behalf of Secretary Department of Corrections. Attorney Jamie M. Braun added to party Secretary Department of Corrections(pty:dft). (Braun, Jamie) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
87

MOTION to Compel Entry Upon LandMemorandum of Law in Support by United States of America. Responses due by 11/25/2013 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit)(Fox, Deena) Text Modified on 11/6/2013 (cqs). (Entered: 11/06/2013)

Nov. 6, 2013

Nov. 6, 2013

PACER
88

RESPONSE/REPLY to 79 Status Report by United States of America. (Fox, Deena) (Entered: 11/07/2013)

Nov. 7, 2013

Nov. 7, 2013

PACER
89

First MOTION for Extension of Time to respond to motion for leave to amend complaint re 82 MOTION for Leave to File Amended Complaint, 84 Order Setting Hearing on Motion,, Set/Reset Deadlines, by Florida Department of Corrections, Secretary Department of Corrections. Attorney Dean C. Kowalchyk added to party Florida Department of Corrections(pty:dft). Responses due by 11/29/2013 (Kowalchyk, Dean) (Entered: 11/12/2013)

Nov. 12, 2013

Nov. 12, 2013

PACER
90

ORDER granting 89 Motion for Extension of Time. Responses due by 11/13/2013 Replies due by 11/18/2013. Signed by Judge Patricia A. Seitz on 11/13/2013. (cqs) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
91

RESPONSE to Motion re 82 MOTION for Leave to File Amended Complaint filed by Florida Department of Corrections, Secretary Department of Corrections. Replies due by 11/25/2013. (Kowalchyk, Dean) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
92

STIPULATION Joint Stipulation Regarding Expert Inspection by United States of America (Songer, Michael) (Entered: 11/13/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
93

MOTION/Request For Hard Copies (Paper) of All Docket Entries Docket Documents by Tommy Lee Roberson. (yar) (Entered: 11/14/2013)

Nov. 13, 2013

Nov. 13, 2013

PACER
94

TEXT Minute Entry for proceedings held before Magistrate Judge Andrea M. Simonton: Discovery Hearing held on 11/14/2013. Attorneys Michael Songer, Deena Fox and Veronica Harrell-James telephonically appeared on behalf of the Government. Attorneys Dean Kowalchyk and Jaime Braun telephonically appeared on behalf of the Defendants. Discovery issues addressed. Written order to follow. (Digital 10:10:51 - 10:38:18.) (aw) (Entered: 11/14/2013)

Nov. 14, 2013

Nov. 14, 2013

PACER
95

REPLY to Response to Motion re 82 MOTION for Leave to File Amended Complaint filed by United States of America. (Fox, Deena) (Entered: 11/15/2013)

Nov. 15, 2013

Nov. 15, 2013

PACER
96

ORDER FOLLOWING DISCOVERY CONFERENCE. Signed by Magistrate Judge Andrea M. Simonton. (eh00) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
97

ORDER Resetting Hearing re 82 MOTION for Leave to File Amended Complaint filed by United States of America, as to 82 MOTION for Leave to File Amended Complaint. ( Motion/Miscellaneous Hearing reset for 11/22/2013 09:00 AM before Judge Patricia A. Seitz.) Signed by Judge Patricia A. Seitz on 11/19/2013. (cqs) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
98

Joint MOTION for Extension of Time to Complete Discovery by United States of America. (Fox, Deena) (Entered: 11/21/2013)

Nov. 21, 2013

Nov. 21, 2013

PACER

Case Details

State / Territory: Florida

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 14, 2012

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Plaintiffs are Jewish inmates in Southern Florida Correctional Facilities.

Plaintiff Type(s):

U.S. Dept of Justice plaintiff

Attorney Organizations:

U.S. Dept. of Justice Civil Rights Division

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Department of Corrections, State

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

Religious Freedom Rest. Act/Religious Land Use and Inst. Persons Act (RFRA/RLUIPA)

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

Title VI, Civil Rights Act of 1964, 42 U.S.C. § 2000d et seq.

Constitutional Clause(s):

Due Process

Free Exercise Clause

Equal Protection

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Non-settlement Outcome

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Preliminary injunction / Temp. restraining order

Declaratory Judgment

Source of Relief:

Litigation

Order Duration: 2015 - 2019

Content of Injunction:

Preliminary relief granted

Discrimination Prohibition

Develop anti-discrimination policy

Reporting

Recordkeeping

Auditing

Monitoring

Training

Issues

General:

Food service / nutrition / hydration

Religious programs / policies

Discrimination-basis:

Religion discrimination

Type of Facility:

Government-run