Case: Hoffer v. Inch

4:17-cv-00214 | U.S. District Court for the Northern District of Florida

Filed Date: May 11, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On May 11, 2017, three Florida Department of Corrections prisoners who had chronic hepatitis C filed this class action lawsuit in the U.S. District Court for the Northern District of Florida. Judge Mark E. Walker was assigned to the case. The plaintiffs sued the Florida Department of Corrections (FDC) under 42 U.S.C. § 1983, the Americans with Disabilities Act, and the Rehabilitation Act for failing to provide prisoners in its custody who had chronic hepatitis C with adequate medical treatment,…

On May 11, 2017, three Florida Department of Corrections prisoners who had chronic hepatitis C filed this class action lawsuit in the U.S. District Court for the Northern District of Florida. Judge Mark E. Walker was assigned to the case. The plaintiffs sued the Florida Department of Corrections (FDC) under 42 U.S.C. § 1983, the Americans with Disabilities Act, and the Rehabilitation Act for failing to provide prisoners in its custody who had chronic hepatitis C with adequate medical treatment, even though the standard treatment for the deadly disease (direct-acting antivirals) cured 95% of hepatitis C patients. The plaintiffs alleged that the FDC’s deliberate indifference to prisoners’ serious medical needs violated the Eighth Amendment and that the FDC discriminated on the basis of disability in violation of the Americans with Disabilities Act. The plaintiffs, represented by the Florida Justice Institute, sought declaratory and injunctive relief.

On May 23, 2017, the plaintiffs sought class certification and a preliminary injunction, arguing that many sick prisoners would become sicker and die if they had to wait until the end of the litigation to get relief. A few months later, on November 17, the court granted both of the plaintiffs’ requests. (The FDC had also sought to dismiss the case for failure to state a claim, but the court dismissed that motion without hearing it.) The class included all current and future prisoners in FDC custody who have been diagnosed, or will be diagnosed, with chronic hepatitis C. 323 F.R.D. 694. The preliminary injunction required the FDC to come up with a plan to provide medical treatment to prisoners with hepatitis C and to put that plan into effect immediately after it was approved.

On December 13, 2017, the court approved a plan that required the FDC to treat all prisoners with hepatitis C, giving priority to those whose conditions were most serious. The plan contained a timetable for the FDC’s goals; all would be fully implemented over the next year. On January 31, 2018, the court allowed the FDC to modify the preliminary injunction: the FDC began using different tests to determine which patients had the most serious conditions, and its timeline for treating patients with lower fibrosis scores was extended by twelve months. Nine days later, the court allowed the plaintiffs to modify the preliminary injunction as well: the FDC was required to initiate treatment for prisoners who were co-infected with hepatitis C and HIV by the end of the year, even if they had low fibrosis scores. On February 21, 2018, the court issued a second preliminary injunction because the first was about to expire.

By the time the FDC’s preliminary injunction took effect, more than seven months had passed since the plaintiffs had filed their initial complaint. One plaintiff’s decompensated cirrhosis (liver scarring as a result of hepatitis C) had worsened considerably, and the plaintiffs sought an evaluation for a liver transplant for him on January 5, 2018. They alleged that the FDC had known about the severity of his condition for many months and should have referred him to the transplant center already. The court denied this motion for mootness, likely because the FDC’s timetable put January 31 as the date that the FDC needed to have evaluated all prisoners with decompensated cirrhosis. Less than three months later, the plaintiff died.

On April 26, 2018, a prisoner in FDC custody (and, thus, a class member to this suit) filed a motion to intervene, citing his dissatisfaction with class counsel. The inmate alleged that class counsel had an ethical conflict in suing FDC and moved the court (a) to require counsel to amend the case and seek monetary damages or (b) to terminate and replace class counsel. On April 28, 2018, the court denied this motion on the basis that it failed to articulate a conflict that would warrant disqualifying class counsel. Additionally, the court noted this suit did not preclude the prisoner from separately seeking monetary damages from defendant. On May 7, 2018, the inmate filed a motion for reconsideration and a motion to supplement his original motion to intervene. Both motions were denied. On June 1, 2018, plaintiff appealed the court’s denial of his motion to intervene and later motion to supplement his motion to intervene (18-12292). On September 7, 2018, the Court of Appeals for the Eleventh Circuit dismissed the appeal for lack of jurisdiction on the basis that plaintiff’s appeal was frivolous and denied all pending motions as moot. The plaintiff filed a motion for reconsideration which was denied on December 11, 2018. Before the motion for reconsideration was denied, on September 12, 2018, this same prisoner filed a second motion to intervene in the trial court, alleging insufficient medical care. The court dismissed this motion after the defendant presented evidence that the prisoner received adequate medical care.

On November 1, 2018 the same individual plaintiff filed another interlocutory appeal challenging the trial court's denial of his motion to intervene. One month later, this appeal was dismissed for want of prosecution because the plaintiff did not pay the filing and docketing fees (18-14652). On April 3, 2019, the plaintiff filed a third motion to intervene. The court found that the plaintiff had failed to state a basis on which to intervene and that the plaintiff had failed to state a violation of the preliminary injunction. On June 12, 2019, the plaintiff filed a motion for leave to appeal in forma pauperis (to proceed without payment of fees). The next day, the court denied his motion, and held that his appeal was not taken in good faith.

Meanwhile, on May 10, 2018, another individual plaintiff filed a motion alleging that his interest for economic and punitive damages was not being considered. The court denied this motion on the grounds that this suit is based on treatment, not damages. On May 23, 2018, the plaintiff filed a motion to amend his May 10th motion. The court again denied his motion, warning the plaintiff not to file another motion complaining about damages in this suit. On June 19, 2018, plaintiff appealed the court’s denial of his motion to amend (18-12571). On July 23, 2018 the appeal was dismissed because appellant did not pay the requisite filing fees.

On May 24, 2018, the court granted the original plaintiffs’ motion for a third preliminary injunction with the same terms as the first two. On September 5, 2018, plaintiffs filed a motion for a fourth preliminary injunction, proposing a permanent injunction as an alternative remedy. That same day the court only granted the fourth preliminary injunction with the same terms as the previous iterations.

On June 22, 2018, the plaintiffs filed a motion for summary judgment seeking both a permanent injunction as well as other forms of relief not currently required by the preliminary injunction. Though the proposed permanent injunction looked largely similar to the past preliminary injunctions, the plaintiffs sought to change some of the mechanisms by which the defendants tested for and treated hepatitis C in prisoners. On November 26, 2018, the plaintiffs filed an unopposed fifth motion for a preliminary injunction, or in the alternative, a permanent injunction. The next day, the court granted the motion for the preliminary injunction and it was was renewed.

Another prisoner filed a motion to intervene on February 8, 2019. On the same day, this inmate filed a motion for joinder of the Virginia Department of Corrections (VDOC) as a defendant because he was transferred from the FDC to the VDOC under an Interstate Corrections Compact. This individual also filed a motion for relief from judgment on the same day. Four days later, the court denied the petitioner's motion to intervene. Because the petitioner was originally incarcerated in the FDC and was then transferred to the VDOC, the court held that it was unclear if the petitioner was a member of the certified class. The court ordered the defendants to respond the petitioner's motion to clear up the confusion. Judge Walker also denied the petitioner's motion for joinder of the VDOC as a defendant. Judge Walker construed the petitioner's motion for relief from judgment as a motion to enforce the court's preliminary injunction. Additionally, the court ordered the defendants to respond to this motion and address whether the petitioner was wrongfully denied treatment in violation of the court's preliminary injunction. On March 5, 2019, the court denied the petitioner's motion for enforcement of the preliminary injunction. Judge Walker held that the injunction required the defendants to provide treatment for the petitioner by the end of December 2019, and so the deadline had not yet passed.

Since the onset of the first preliminary injunction, the plaintiffs have filed motions both to enforce the preliminary injunctions and to compel defendant to treat other prisoners in compliance with the preliminary injunctions' terms. The court denied these motions without prejudice on the basis that the defendant was either complying with, or at least not in actionable violation of, the injunctions at the time the motions were considered. Individuals in FCD custody have also filed motions for civil contempt that alleged violations of the preliminary injunction, and the court denied them all on the basis that the defendants had not violated the injunction. Since the first preliminary injunction was issued, the FDC screened 55,348 prisoners for chronic hepatitis C, diagnosed 7,185 prisoners with hepatitis C, and began treatment for 4,901 prisoners using direct-acting antivirals (DAAs).

On February 25, 2019, the plaintiffs filed a motion for issuance of a sixth preliminary injunction, or in the alternative, a permanent injunction. Judge Walker renewed the preliminary injunction the next day.

Judge Walker issued a permanent injunction on April 18, 2019 and as such dissolved the preliminary injunction. The permanent injunction required defendants to modify the FDC's policy on managing prisoners with hepatitis C by May 20, 2019. The FDC had to provide medical staff with the option of elastography, which is a more accurate method of identifying hepatitis C and evaluating the severity. The injunction required the FDC to adopt either opt-out testing with an aggressive notice campaign or opt-in testing with peer education for all prisoners. The FDC was required to begin treating all prisoners with hepatitis C. Prisoners with the most severe hepatitis C infections (Priority Level 1) had to start receiving treatment within six months of diagnosis, those with Priority Level 2 hepatitis C must begin receiving treatment within twelve months of diagnosis, and those with less severe hepatitis C infections must begin receiving treatment within two years of diagnosis. Judge Walker made it clear that these treatment deadlines are absolutely mandatory. The court ordered that the FDC’s new policy must ensure that prisoners receive routine FibroSure and ultrasound testing every twelve months once diagnosed with hepatitis C of any severity. The agreement required that FDC’s new policy must make clear that "chronic disciplinary issues" were not a sufficient reason for an inmate to be ineligible for treatment. Starting in June 2019, the FDC had to file monthly status reports with the court to show its progress complying with the injunction. 382 F. Supp. 3d. 1288 (N.D. Fla. 2019).

Twelve days after the court issued the permanent injunction, the plaintiffs filed a motion for modification of the injunction to ask that the defendants provide class counsel with spreadsheets containing the names of all prisoners diagnosed with HCV. Two weeks later, the court denied the motion because the spreadsheets at issue contained inaccurate information.

The defendants filed an appeal of the order and final judgment (as well as all preliminary injunctions and the order granting class certification) in the Eleventh Circuit on May 17, 2019.

On August 31, 2020, the U.S. Court of Appeals for the Eleventh Circuit vacated the district court's injunction and remanded back to the district court to make adequate findings on the record that its permanent injunction complied with the Prison Litigation Reform Act. 973 F.3d 1263 (11th Cir. 2020). The Eleventh Circuit also reversed the part of the district court's order that mandated direct acting antiviral (DAA) treatment for low-fibrosis-scored HCV-positive inmates, and instructed the district court to grant defendants summary judgment on that issue. The Eleventh Circuit held that failure to provide DAA treatment does not violate the Eighth Amendment because, it found, such treatment was not medically necessary for HCV-positive inmates with low fibrosis scores. Thus, plaintiffs failed to prove that defendants acted with deliberate indifference to a serious medical need. The Eleventh Circuit issued its mandate on November 2, 2020.

Discovery continued through early 2021 with the court's approval. On August 11, 2021, counsel for the parties informed the court that a settlement agreement had been reached. The terms of settlement agreement are unknown to the Clearinghouse. The court dismissed the case on August 12, 2021. 

Summary Authors

Rebecca Strauss (5/18/2018)

Natalie Treacy (10/19/2018)

Sabrina Glavota (5/29/2020)

Casey D'Alesandro (4/10/2021)

Hannah Juge (7/4/2021)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/6137023/parties/hoffer-v-inch/


Judge(s)

Baldock, Bobby Ray (New Mexico)

Martin, Beverly Baldwin (Georgia)

Newsom, Kevin Christopher (Alabama)

Stampelos, Charles A (Florida)

Walker, Mark Eaton (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Selig, Erica (Florida)

Taseff, Raymond (Florida)

Trevisani, Dante Pasquale (Florida)

Attorneys(s) for Defendant

Agarwal, Amit (Florida)

Judge(s)

Baldock, Bobby Ray (New Mexico)

Martin, Beverly Baldwin (Georgia)

Newsom, Kevin Christopher (Alabama)

Stampelos, Charles A (Florida)

Walker, Mark Eaton (Florida)

Attorneys(s) for Plaintiff

Berg, Randall Challen Jr. (Florida)

Selig, Erica (Florida)

Taseff, Raymond (Florida)

Trevisani, Dante Pasquale (Florida)

Attorneys(s) for Defendant

Agarwal, Amit (Florida)

Bowden, Albert III (Florida)

Brodeen, Karen Ann (Florida)

Daniel, Stephanie A. (Florida)

Moody, Ashley (Florida)

Neff, Lance Eric (Florida)

Oliver, Erin Elizabeth (Florida)

Percival, James H. II (District of Columbia)

Documents in the Clearinghouse

Document

4:17-cv-00214

Docket [PACER]

April 5, 2021

April 5, 2021

Docket
1

4:17-cv-00214

Verified Class Action Complaint for Declaratory and Injunctive Relief

Hoffer v. Jones

May 11, 2017

May 11, 2017

Complaint
152

4:17-cv-00214

Order Granting Motion for Class Certification

Hoffer v. Jones

323 F.R.D. 694

Nov. 17, 2017

Nov. 17, 2017

Order/Opinion
153

4:17-cv-00214

Order Granting Motion for a Preliminary Injunction

Hoffer v. Jones

2017 WL 5586877

Nov. 17, 2017

Nov. 17, 2017

Order/Opinion
185

4:17-cv-00214

Order Entering a Preliminary Injunction

Hoffer v. Jones

Dec. 13, 2017

Dec. 13, 2017

Order/Opinion
214

4:17-cv-00214

Order Modifying Preliminary Injunction

Hoffer v. Jones

Jan. 31, 2018

Jan. 31, 2018

Order/Opinion
218

4:17-cv-00214

Order Modifying Preliminary Injunction

Hoffer v. Jones

Feb. 9, 2018

Feb. 9, 2018

Order/Opinion
465

4:17-cv-00214

Order on Cross-Motions for Summary Judgment

382 F.Supp.3d 1288

April 18, 2019

April 18, 2019

Order/Opinion

Opinion

Hoffer v. Secretary, Florida Department of Corrections

U. S. Court of Appeals for the Eleventh Circuit

973 F.3d 1263

Aug. 31, 2020

Aug. 31, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6137023/hoffer-v-inch/

Last updated Aug. 14, 2022, 3:18 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT for Declaratory and Injunctive Relief against Julie L Jones ( Filing fee $ 400 receipt number AFLNDC-3874880.), filed by Carl Hoffer, Roland Molina, Ronald McPherson. (Attachments: # 1 Civil Cover Sheet Civil Cover Sheet) (BERG, RANDALL) (Entered: 05/11/2017)

1 Civil Cover Sheet Civil Cover Sheet

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May 11, 2017

May 11, 2017

Clearinghouse
2

NOTICE of Filing Proposed Summons by Carl Hoffer, Ronald McPherson, Roland Molina (BERG, RANDALL) (Entered: 05/11/2017)

May 11, 2017

May 11, 2017

PACER
3

CIVIL COVER SHEET. (tdl) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
4

Summons Issued as to Julie L Jones. (tdl) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
5

DOCKET ANNOTATION BY COURT TO ATTORNEY RANDALL BERG re 1 Complaint. A reminder that party names (including aliases) are to be added using ALL CAPS and NO Punctuation. (See "Style Guide for Electronic Case Filing," available on Clerk's website.) Counsel is also advised by this entry, that a Civil Cover Sheet should be filed as a separate entry using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents" The party names and civil cover sheet will be corrected by the clerk. (tdl) (Entered: 05/12/2017)

May 12, 2017

May 12, 2017

PACER
6

NOTICE of Appearance by DANTE PASQUALE TREVISANI on behalf of Carl Hoffer, Ronald McPherson, Roland Molina (TREVISANI, DANTE) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
7

NOTICE of Appearance by ERICA SELIG on behalf of Carl Hoffer, Ronald McPherson, Roland Molina (SELIG, ERICA) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER
8

SUMMONS Returned Executed JULIE L JONES served on 5/18/2017, answer due 6/8/2017. (tdl) (Entered: 05/19/2017)

May 19, 2017

May 19, 2017

PACER
9

NOTICE of Appearance by LANCE ERIC NEFF on behalf of JULIE L JONES (NEFF, LANCE) (Entered: 05/23/2017)

May 23, 2017

May 23, 2017

PACER

Set Deadlines/Hearings:

May 23, 2017

May 23, 2017

PACER
10

MOTION to Certify Class by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (Internal deadline for referral to judge if response not filed earlier: 6/6/2017). (Attachments: # 1 Exhibit Koziel Declaration, # 2 Exhibit CDC Hepatitis C Overview, # 3 Exhibit CDC Florida State Profile, # 4 Exhibit FDC Inmate Mortality, # 5 Exhibit HCV Guidance, # 6 Exhibit HSB 15.01.09, # 7 Exhibit Beard E-Mail, # 8 Exhibit Hoffer Grievance Denial) (BERG, RANDALL) (Entered: 05/23/2017)

1 Exhibit Koziel Declaration

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2 Exhibit CDC Hepatitis C Overview

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3 Exhibit CDC Florida State Profile

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4 Exhibit FDC Inmate Mortality

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5 Exhibit HCV Guidance

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6 Exhibit HSB 15.01.09

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7 Exhibit Beard E-Mail

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8 Exhibit Hoffer Grievance Denial

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May 23, 2017

May 23, 2017

PACER
11

MOTION for Preliminary Injunction by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (Attachments: # 1 Exhibit AHCA Letter re Hep C Medicaid Coverage) (BERG, RANDALL) (Entered: 05/23/2017)

1 Exhibit AHCA Letter re Hep C Medicaid Coverage

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May 23, 2017

May 23, 2017

RECAP

Set Deadline re 11 MOTION: Internal deadline for referral to judge if response not filed earlier: 6/6/2017 . (tdl)

May 23, 2017

May 23, 2017

PACER
12

ORDER SETTING SCHEDULING CONFERENCE - the Clerk must set a telephonic scheduling conference for Monday, June 5, 2017, at 2:00 PM. Signed by JUDGE MARK E WALKER on 5/24/2017. (tdl) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
13

NOTICE OF HEARING : Telephonic Scheduling Conference set for 6/5/2017 02:00 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 1:55 PM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 05/24/2017)

May 24, 2017

May 24, 2017

PACER
14

Corporate Disclosure Statement/Certificate of Interested Persons by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (BERG, RANDALL) (Entered: 05/25/2017)

May 25, 2017

May 25, 2017

PACER
15

Consent MOTION for Extension of Time to File Response/Reply as to 10 MOTION to Certify Class, 11 MOTION for Preliminary Injunction by JULIE L JONES. (NEFF, LANCE) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
16

INITIAL SCHEDULING ORDER: Rule 26 Meeting Report due by 7/10/2017. Discovery due by 9/25/2017. Signed by JUDGE MARK E WALKER on 5/26/2017. (tdl) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
17

ORDER GRANTING EXTENSION TO RESPOND TO PENDING MOTIONS re ECF No. 15 . (Response to 10 & 11 Motions due by by 7/7/2017.) Signed by JUDGE MARK E WALKER on 5/26/2017. (tdl) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
18

MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by JULIE L JONES. (NEFF, LANCE) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

RECAP

Set Deadlines/Hearings:

May 30, 2017

May 30, 2017

PACER

Set Deadline re 18 Motion: Internal deadline for referral to judge if response not filed earlier: 6/13/2017 . (tdl)

May 30, 2017

May 30, 2017

PACER
19

Minute Entry for proceedings held before JUDGE MARK E WALKER: Scheduling Conference held on 6/5/2017. Court GRANTS Ore Tenus Motion to file Reply and Sur-Reply. Response to 10 Motion to Certify Class and 11 Motion for Preliminary Injunction due on July 7, 2017. Reply of not more than 10 pages due on July 12, 2017. Sur-Reply of not more than 10 pages due on July 19, 2017. Counsel shall confer and file a Notice by July 12, 2017 re: (1) whether parties request an evidentiary hearing, (2) how long they will need for such a hearing, (3) the time frame in which counsel need to be prepared and whether they request the hearing to be in person or telephonically. Witnesses may appear via video-conference. (Internal deadline for referral to judge if response not filed earlier: 7/7/2017)., Reply due by 7/12/2017., Sur-Reply due by 7/19/2017.) ( Notice due by 7/12/2017.). (Court Reporter Judy Gagnon.) (pll) (Entered: 06/05/2017)

June 5, 2017

June 5, 2017

PACER
20

RESPONSE to Motion re 18 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (BERG, RANDALL) (Entered: 06/12/2017)

June 12, 2017

June 12, 2017

RECAP
21

MOTION Entry of HIPAA Qualified Protective Order and attached proposed HIPAA Order by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (Attachments: # 1 Text of Proposed Order Exh. A -- Proposed HIPAA Order in Hoffer v. Jones, # 2 Exhibit Exh. B -- HIPAA Order in DRF v. Jones, # 3 Exhibit Exh. C -- HIPAA Order in Copeland v. Jones) (BERG, RANDALL) (Entered: 06/16/2017)

1 Text of Proposed Order Exh. A -- Proposed HIPAA Order in Hoffer v. Jones

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2 Exhibit Exh. B -- HIPAA Order in DRF v. Jones

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3 Exhibit Exh. C -- HIPAA Order in Copeland v. Jones

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June 16, 2017

June 16, 2017

PACER
22

STATUS REPORT JOINT by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (BERG, RANDALL) (Entered: 06/21/2017)

June 21, 2017

June 21, 2017

PACER
23

REPORT of Rule 26(f) Planning Meeting. (BERG, RANDALL) (Entered: 06/22/2017)

June 22, 2017

June 22, 2017

PACER
24

RESPONSE to Motion re 21 MOTION Entry of HIPAA Qualified Protective Order and attached proposed HIPAA Order filed by JULIE L JONES. (NEFF, LANCE) (Entered: 06/23/2017)

June 23, 2017

June 23, 2017

PACER

Action Required by District Judge

June 23, 2017

June 23, 2017

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE MARK E WALKER notified that action is needed Re: 23 Report of Rule 26(f) Planning Meeting (tdl)

June 23, 2017

June 23, 2017

PACER
25

NOTICE of Telephonic Hearing on 21 MOTION Entry of HIPAA Qualified Protective Order and attached proposed HIPAA Order :Telephonic Motion Hearing set for 6/27/2017 02:00 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 1:55 PM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call (pll) (Entered: 06/26/2017)

June 26, 2017

June 26, 2017

PACER
26

Minute Entry for proceedings held before JUDGE MARK E WALKER: Motion Hearing held on 6/27/2017 re 21 MOTION Entry of HIPAA Qualified Protective Order and attached proposed HIPAA Order. Court GRANTS 21 Motion for Entry of Protective Order. Counsel to email clerk a copy of the proposed order. (Court Reporter Megan Hague.) (pll) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
27

HIPAA QUALIFIED PROTECTIVE ORDER. Signed by JUDGE MARK E WALKER on 6/27/17. (pll) (Entered: 06/27/2017)

June 27, 2017

June 27, 2017

PACER
28

Endorsed MOTION to Extend Time to respond to discover requests by JULIE L JONES. (NEFF, LANCE) (Entered: 06/30/2017)

June 30, 2017

June 30, 2017

PACER
29

ORDER GRANTING 28 EXTENSION TO RESPOND TO DISCOVERY REQUEST. Defendant shall respond to Plaintiffs discovery requests on or before August 7, 2017, and provide any objections to discovery requests on or before July 21, 2017. Signed by JUDGE MARK E WALKER on 7/3/17. (pll) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
30

SCHEDULING AND MEDIATION ORDER :( Discovery due by 12/1/2017., Dispositive Motions to be filed by 1/25/2018., Bench Trial set for 5/21/2018 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER., Mediation Report due by 1/12/2018.), Case referred to mediation. Signed by JUDGE MARK E WALKER on 7/3/2017. (erl) (Entered: 07/03/2017)

July 3, 2017

July 3, 2017

PACER
31

RESPONSE in Opposition re 11 MOTION for Preliminary Injunction filed by JULIE L JONES. (Attachments: # 1 Exhibit A: Whalen Declaration) (NEFF, LANCE) (Entered: 07/07/2017)

1 Exhibit A: Whalen Declaration

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July 7, 2017

July 7, 2017

PACER
32

RESPONSE in Opposition re 10 MOTION to Certify Class filed by JULIE L JONES. (Attachments: # 1 Exhibit A: Whalen Declaration) (NEFF, LANCE) (Entered: 07/07/2017)

1 Exhibit A: Whalen Declaration

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July 7, 2017

July 7, 2017

PACER
33

MOTION for Extension of Time to File Response/Reply to Defendants Motions Unopposed by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (BERG, RANDALL) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
34

ORDER GRANTING EXTENSION TO FILE REPLIES TO RESPONSES re ECF No. 33 . The motion is GRANTED. (Plaintiffs Replies due by 7/14/2017.) Signed by JUDGE MARK E WALKER on 7/12/2017. (tdl) (Entered: 07/12/2017)

July 12, 2017

July 12, 2017

PACER
35

REPLY to Response to Motion re 10 MOTION to Certify Class filed by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (Attachments: # 1 Exhibit Exh 1 - Email on In-Custody HCV Deaths, # 2 Exhibit Exh 2- VA News Release, # 3 Exhibit Exh 3 - Email on DAAs, # 4 Exhibit Exh 4 - WHO Article) (BERG, RANDALL) (Entered: 07/14/2017)

1 Exhibit Exh 1 - Email on In-Custody HCV Deaths

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2 Exhibit Exh 2- VA News Release

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3 Exhibit Exh 3 - Email on DAAs

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4 Exhibit Exh 4 - WHO Article

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July 14, 2017

July 14, 2017

PACER
36

REPLY to Response to Motion re 11 MOTION for Preliminary Injunction filed by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (Attachments: # 1 Exhibit 1 - Gonzales vs. Corizon Health Care Providers, # 2 Exhibit 2 - Scott vs. Batista, # 3 Exhibit 3 - Dulak vs. Corizon) (BERG, RANDALL) (Entered: 07/14/2017)

1 Exhibit 1 - Gonzales vs. Corizon Health Care Providers

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2 Exhibit 2 - Scott vs. Batista

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3 Exhibit 3 - Dulak vs. Corizon

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July 14, 2017

July 14, 2017

PACER
37

NOTICE regarding evidentiary hearing by JULIE L JONES (NEFF, LANCE) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
38

NOTICE of Plaintiffs' Regarding Evidentiary Hearing by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA re 19 Scheduling Conference,,,, Set Motion and R&R Deadlines/Hearings,,,, Set Deadlines/Hearings,,, (BERG, RANDALL) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
39

Endorsed MOTION for Extension of Time to File Response/Reply as to 36 Reply to Response to Motion, 35 Reply to Response to Motion, by JULIE L JONES. (NEFF, LANCE) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
40

ORDER GRANTING EXTENSION of TIME IN WHICH TO FILE SURREPLIES re ECF No. 39 . (Motion to Certify & Motion for Preliminary Injunction due by 7/24/2017.) Signed by JUDGE MARK E WALKER on 7/17/2017. (tdl) (Entered: 07/17/2017)

July 17, 2017

July 17, 2017

PACER
41

MOTION for Extension of Time to File Response/Reply to Defendant's Discovery Request by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (BERG, RANDALL) (Entered: 07/19/2017)

July 19, 2017

July 19, 2017

PACER
44

ORDER GRANTING ENLARGEMENT OF TIME TO RESPOND re ECF No. 41 . The motion is GRANTED. Signed by JUDGE MARK E WALKER on 7/19/2017. (tdl) (Entered: 07/20/2017)

July 19, 2017

July 19, 2017

PACER
42

NOTICE of Plaintiffs Supplemental Notice Regarding Evidentiary Hearing by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA re 38 Notice (Other), 19 Scheduling Conference,,,, Set Motion and R&R Deadlines/Hearings,,,, Set Deadlines/Hearings,,, (BERG, RANDALL) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
43

Endorsed MOTION to Extend Time to file objections in discovery by JULIE L JONES. (NEFF, LANCE) (Entered: 07/20/2017)

July 20, 2017

July 20, 2017

PACER
45

ORDER GRANTING SECOND 43 MOTION FOR EXTENSION OF TIME TO SERVE OBJECTIONS. Signed by JUDGE MARK E WALKER on 7/20/2017. (tdl) (Entered: 07/21/2017)

July 20, 2017

July 20, 2017

PACER
46

REPLY to Response to Motion re 11 MOTION for Preliminary Injunction (Surreply) filed by JULIE L JONES. (Attachments: # 1 Exhibit A: Whalen Declaration) (NEFF, LANCE) (Entered: 07/24/2017)

1 Exhibit A: Whalen Declaration

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July 24, 2017

July 24, 2017

PACER
47

REPLY to Response to Motion re 10 MOTION to Certify Class (Surreply) filed by JULIE L JONES. (Attachments: # 1 Exhibit A: Whalen Declaration) (NEFF, LANCE) (Entered: 07/24/2017)

1 Exhibit A: Whalen Declaration

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July 24, 2017

July 24, 2017

PACER
48

MOTION for Mediation by JULIE L JONES. (Internal deadline for referral to judge if response not filed earlier: 8/7/2017). (NEFF, LANCE) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
49

RESPONSE to Motion re 48 MOTION for Mediation filed by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (BERG, RANDALL) (Entered: 07/24/2017)

July 24, 2017

July 24, 2017

PACER
50

STATUS REPORT Joint by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (BERG, RANDALL) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
51

ORDER ON MOTION FOR IMMEDIATE MEDIATION - This Court, without hearing, DENIES Defendant's motion for immediate mediation. ECF No. 48 . Signed by JUDGE MARK E WALKER on 7/25/2017. (tdl) (Entered: 07/25/2017)

July 25, 2017

July 25, 2017

PACER
52

NOTICE of Supplemental Authority by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA (Attachments: # 1 Exhibit Postawko vs. Missouri Order) (BERG, RANDALL) (Entered: 07/27/2017)

1 Exhibit Postawko vs. Missouri Order

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July 27, 2017

July 27, 2017

PACER
53

ORDER SETTING HEARING - The Clerk shall set Plaintiffs' motions, ECF No. 10 and ECF No. 11, for a four-day hearing in Tallahassee commencing on Tuesday, August 29, 2017, at 8:30 AM. (Motion Hearing set for 8/29/2017 08:30 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER). Signed by JUDGE MARK E WALKER on 8/2/2017. (tdl) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
54

NOTICE of Hearing on 10 MOTION for Class Certification and 11 MOTION for Preliminary Injunction: four-day Motion Hearing commencing on 8/29/2017 at 08:30 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness, or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Pam Lourcey at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Kimberly WestphalDeputy Clerk (kjw) (Entered: 08/02/2017)

Aug. 2, 2017

Aug. 2, 2017

PACER
55

PETITION for Writ of Habeas Corpus AD TESTIFICANDUM ( Filing fee $ 5 receipt number AFLNDC-3943721.), filed by CARL HOFFER, ROLAND MOLINA, RONALD MCPHERSON. (Attachments: # 1 Text of Proposed Order WRIT OF HABEAS CORPUS AD TESTIFICANDUM) (BERG, RANDALL) (Entered: 08/04/2017)

1 Text of Proposed Order WRIT OF HABEAS CORPUS AD TESTIFICANDUM

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Aug. 4, 2017

Aug. 4, 2017

PACER
56

PETITION for Writ of Habeas Corpus AD TESTIFICANDUM ( Filing fee $ 5 receipt number AFLNDC-3943722.), filed by CARL HOFFER, ROLAND MOLINA, RONALD MCPHERSON. (Attachments: # 1 Text of Proposed Order WRIT OF HABEAS CORPUS AD TESTIFICANDUM) (BERG, RANDALL) (Entered: 08/04/2017)

1 Text of Proposed Order WRIT OF HABEAS CORPUS AD TESTIFICANDUM

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Aug. 4, 2017

Aug. 4, 2017

PACER
57

PETITION for Writ of Habeas Corpus AD TESTIFICANDUM ( Filing fee $ 5 receipt number AFLNDC-3943723.), filed by CARL HOFFER, ROLAND MOLINA, RONALD MCPHERSON. (Attachments: # 1 Text of Proposed Order WRIT OF HABEAS CORPUS AD TESTIFICANDUM) (BERG, RANDALL) (Entered: 08/04/2017)

1 Text of Proposed Order WRIT OF HABEAS CORPUS AD TESTIFICANDUM

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Aug. 4, 2017

Aug. 4, 2017

PACER
58

MOTION Case Management Conference by JULIE L JONES. (NEFF, LANCE) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
59

MOTION to Continue August 29, 2017 Hearing by JULIE L JONES. (NEFF, LANCE) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
60

NOTICE OF TELEPHONIC Hearing ON 59 MOTION to Continue August 29, 2017 Hearing : Telephonic Motion Hearing set for 8/9/2017 02:00 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. The Court is in a Jury Trial and this hearing is set to accommodate that schedule. There will be no rescheduling or continuances. You may dial into the conference call as early as 1:55 PM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
61

NOTICE of Appearance by ALBERT BOWDEN on behalf of All Defendants (BOWDEN, ALBERT) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
62

RESPONSE in Opposition re 59 MOTION to Continue August 29, 2017 Hearing filed by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (Attachments: # 1 Exhibit Hoffer: Extension of Time Email) (SELIG, ERICA) (Entered: 08/08/2017)

1 Exhibit Hoffer: Extension of Time Email

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Aug. 8, 2017

Aug. 8, 2017

PACER
63

NOTICE of Filing Supplemental Declaration by JULIE L JONES re 59 MOTION to Continue August 29, 2017 Hearing (Attachments: # 1 Exhibit A: Ladele Declaration) (NEFF, LANCE) (Entered: 08/09/2017)

1 Exhibit A: Ladele Declaration

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Aug. 9, 2017

Aug. 9, 2017

PACER
64

Minute Entry for proceedings held before JUDGE MARK E WALKER: Motion Hearing held on 8/9/2017. Court hears 59 Motion to Continue. Court GRANTS 58 Motion for Case Management Conference; the Clerk is instructed to terminate the motion. Court GRANTS 59 Motion to Continue. The Preliminary Injunction hearing is reset for September 14th, 15th, 18th and 19th, 2017. Counsel shall confer and set a date for deposition of doctor by 1:00 p.m. on August 11, 2017. Depositions for review by the Court shall be filed by September 10, 2017 at midnight. Counsel for Defendant shall file the Opinion of their Expert by September 8, 2017. ( Defendant's Opinion of Expert due by 9/8/2017., Motion Hearing set for 9/14/2017 08:30 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER.). (Court Reporter Megan Hague.) (pll) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
65

NOTICE of Hearing on Motion 11 MOTION for Preliminary Injunction, 10 MOTION to Certify Class : Motion Hearing set for 9/14/2017 08:30 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Pam Lourcey at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Pam LourceyCourtroom Deputy Clerk (pll) (Entered: 08/09/2017)

Aug. 9, 2017

Aug. 9, 2017

PACER
66

ORDER DIRECTING CLERK TO RETURN WITHOUT DOCKETING NOTICE OF PARALLEL LITIGATION BY A NON-PARTY PERSON. Signed by JUDGE MARK E WALKER on 8/14/2017. (tdl)**Pleading Returned as Instructed** (Entered: 08/14/2017)

Aug. 14, 2017

Aug. 14, 2017

PACER
67

Writ of Habeas Corpus ad Testificandum Issued as to CARL T. HOFFER, 111369 for Thursday, September 14, 2017, at 8:30 a.m. and Friday, September 15, 2017, at 8:30 a.m. (tdl) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
68

Writ of Habeas Corpus ad Testificandum Issued as to RONALD MCPHERSON, 111745 for Thursday, September 14, 2017, at 8:30 a.m. and Friday, September 15, 2017, at 8:30 a.m.. (tdl) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
69

Writ of Habeas Corpus ad Testificandum Issued as to ROLAND P. MOLINA, 500942 for Thursday, September 14, 2017, at 8:30 a.m. and Friday, September 15, 2017, at 8:30 a.m.. (tdl) (Entered: 08/16/2017)

Aug. 16, 2017

Aug. 16, 2017

PACER
70

MOTION to Compel and Request for Status Conference by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (Attachments: # 1 Exhibit 1 - Plaintiffs' First Request for Production to Defendant, # 2 Exhibit 2 - Defendant's Responses and Objections to Plaintiffs' First Request for Production, # 3 Exhibit 3 - Defendant's Supplement to Response to Plaintiff's Request for Production, # 4 Exhibit 4 - Emails on Pending Requests for Production, # 5 Exhibit 5 - Corizon Spreadsheet Excerpt, # 6 Exhibit 6 - Centurion Contract Excerpt, # 7 Exhibit 7 - Email on Hearing Disputes) (TREVISANI, DANTE) (Entered: 08/18/2017)

1 Exhibit 1 - Plaintiffs' First Request for Production to Defendant

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2 Exhibit 2 - Defendant's Responses and Objections to Plaintiffs' First

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3 Exhibit 3 - Defendant's Supplement to Response to Plaintiff's Request

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4 Exhibit 4 - Emails on Pending Requests for Production

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5 Exhibit 5 - Corizon Spreadsheet Excerpt

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6 Exhibit 6 - Centurion Contract Excerpt

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7 Exhibit 7 - Email on Hearing Disputes

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Aug. 18, 2017

Aug. 18, 2017

PACER
71

ORDER DIRECTING EXPEDITED RESPONSE - The Clerk shall set the motion for hearing after the response date but on an expedited basis. (Response to 70 Motion due by by 8/25/2017.) Signed by JUDGE MARK E WALKER on 8/21/2017. (tdl) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
72

NOTICE of Hearing on 70 MOTION to Compel and Request for Status Conference : Telephonic Motion Hearing set for 8/29/2017 01:00 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 12:55 PM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 08/21/2017)

Aug. 21, 2017

Aug. 21, 2017

PACER
73

MOTION for Protective Order For The Deposition of Albert Maier Noticed For September 1, 2017 by JULIE L JONES. (Attachments: # 1 Exhibit, # 2 Exhibit) (BOWDEN, ALBERT) (Entered: 08/21/2017)

1 Exhibit

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2 Exhibit

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Aug. 21, 2017

Aug. 21, 2017

PACER
74

ORDER DIRECTING EXPEDITED RESPONSE re 73 MOTION for Protective Order - Response to motion due by by 8/25/2017. Signed by JUDGE MARK E WALKER on 8/22/2017. (ckm) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
75

NOTICE of Hearing on 73 MOTION for Protective Order For The Deposition of Albert Maier Noticed For September 1, 2017 : Motion Hearing set for 8/29/2017 01:00 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 12:55 PM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
76

MOTION for Protective Order as to the Depositions of Thomas Reimers and Timothy Whalen by JULIE L JONES. (BOWDEN, ALBERT) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
77

ORDER DIRECTING EXPEDITED RESPONSE - The Clerk shall set the motion for hearing after the response date but on an expedited basis. ( Response to 76 Motion due by by 8/25/2017.) Signed by JUDGE MARK E WALKER on 8/22/2017. (tdl) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
78

NOTICE of Hearing on 76 MOTION for Protective Order as to the Depositions of Thomas Reimers and Timothy Whalen : Telephonic Motion Hearing set for 8/29/2017 01:00 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 12:55 PM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 08/22/2017)

Aug. 22, 2017

Aug. 22, 2017

PACER
79

RESPONSE in Opposition re 73 MOTION for Protective Order For The Deposition of Albert Maier Noticed For September 1, 2017 filed by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (Attachments: # 1 Exhibit 1 - Defendant's Initial Disclosures, # 2 Exhibit 2 - Emails Between Counsel, # 3 Exhibit 3 - Tax Record, # 4 Exhibit 4 - Maier Declaration in Melendez Case, # 5 Exhibit 5 - Maier Declaration in Hartley Case) (TREVISANI, DANTE) (Entered: 08/23/2017)

1 Exhibit 1 - Defendant's Initial Disclosures

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2 Exhibit 2 - Emails Between Counsel

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3 Exhibit 3 - Tax Record

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4 Exhibit 4 - Maier Declaration in Melendez Case

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5 Exhibit 5 - Maier Declaration in Hartley Case

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Aug. 23, 2017

Aug. 23, 2017

PACER
80

NOTICE of Withdrawal of Defendant's Motion for Protective Order for the Deposition of Albert Maier Noticed for September 1, 2017 by JULIE L JONES (BOWDEN, ALBERT) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
81

NOTICE of Withdrawal of Defendant's Motion for a Protective Order as to the Depositions of Thomas Reimers and Timothy Whalen by JULIE L JONES (BOWDEN, ALBERT) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
82

ORDER DENYING AS MOOT 73, 76 MOTIONS FOR PROTECTIVE ORDER - The Clerk shall cancel the hearing now scheduled for Tuesday, August 29, 2017, as it relates to those motions. Signed by JUDGE MARK E WALKER on 8/25/2017. (tdl) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
83

RESPONSE to Motion re 70 MOTION to Compel and Request for Status Conference filed by JULIE L JONES. (BOWDEN, ALBERT) (Entered: 08/25/2017)

Aug. 25, 2017

Aug. 25, 2017

PACER
84

NOTICE OF CANCELLATION OF HEARING AS TO 73 AND 76 MOTIONS ONLY re 82 Order on Motion for Protective Order. The hearing on 70 Motion to Compel will go forward as scheduled. (pll) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER

Set/Reset Deadlines

Aug. 28, 2017

Aug. 28, 2017

PACER
85

STATUS REPORT JOINT by CARL HOFFER, RONALD MCPHERSON, ROLAND MOLINA. (BERG, RANDALL) (Entered: 08/28/2017)

Aug. 28, 2017

Aug. 28, 2017

PACER

Set/Reset Deadline: Status Report due by 9/27/2017. (ckm)

Aug. 28, 2017

Aug. 28, 2017

PACER
86

Minute Entry for proceedings held before JUDGE MARK E WALKER: Motion Hearing held on 8/29/2017 re 70 MOTION to Compel. Court GRANTS IN PART AND DENIES IN PART 70 Motion to Compel. Counsel to file Witness List by September 7, 2017. Counsel to file a Status Report of Email Search Results and Declarations by September 8, 2017. Counsel shall file Final Expert Report by October 9, 2017. ( Status Report of Email Search Results and Declarations by 9/8/2017. Witness List due by 9/7/2017.). (Court Reporter Megan Hague.) (pll) (Entered: 08/29/2017)

Aug. 29, 2017

Aug. 29, 2017

PACER
87

MOTION Case Management Conference by JULIE L JONES. (NEFF, LANCE) (Entered: 09/05/2017)

Sept. 5, 2017

Sept. 5, 2017

PACER
88

ORAL ORDER GRANTING 87 MOTION Case Management Conference. The Clerk is instructed to set this for a Telephonic Status Conference. Signed by JUDGE MARK E WALKER on 9/6/17. (pll) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
89

NOTICE OF HEARING : Telephonic Status Conference set for 9/6/2017 12:00 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 11:55 AM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
90

Minute Entry for proceedings held before JUDGE MARK E WALKER: Status Conference held on 9/6/2017. Court instructs Clerk to reset Preliminary Injunction Hearing for September 18th and September 19th, 2017. Clerk to re-issue writs for witnesses. Clerk instructed to set a Telephonic Status Conference for 12:00 PM EST on September 13, 2017. ( Preliminary Injunction Hearing set for 9/18/2017 08:30 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER., Telephonic Status Conference set for 9/13/2017 12:00 PM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER.). (Court Reporter Megan Hague.) (pll) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
91

NOTICE OF HEARING: Telephonic Status Conference set for 9/13/2017 12:00 PM EST in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. You may dial into the conference call as early as 11:55 AM EST. Call in number: 888-684-8852. When prompted for an access code, enter: 3853136#. If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565#. Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. s/ Pam LourceyCourtroom Deputy Clerk The quality of the audio connection is compromised by the use of cell phones or speakerphones and counsel are requested not to use those devices during the call. (pll) (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER
92

Writ of Habeas Corpus ad Testificandum Issued as to CARL T. HOFFER, 111369 for Monday, September 18, 2017, at 8:30 a.m. and Tuesday, September 19, 2017, at 8:30 a.m.. (tdl)**Writs emailed to DOC Contact** Modified to correct dates on 9/6/2017 (tdl). (Entered: 09/06/2017)

Sept. 6, 2017

Sept. 6, 2017

PACER

Case Details

State / Territory: Florida

Case Type(s):

Prison Conditions

Special Collection(s):

Post-WalMart decisions on class certification

Hepatitis C

Multi-LexSum (in sample)

Key Dates

Filing Date: May 11, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All current and future prisoners in Florida Department of Corrections custody who have been diagnosed, or will be diagnosed, with chronic Hepatitis C.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Florida Justice Institute

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Florida (Tallahassee, Leon), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

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

Constitutional Clause(s):

Cruel and Unusual Punishment

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

Preliminary injunction / Temp. restraining order

Source of Relief:

Litigation

Order Duration: 2019 - None

Content of Injunction:

Develop anti-discrimination policy

Monitoring

Preliminary relief granted

Reasonable Accommodation

Recordkeeping

Reporting

Required disclosure

Issues

General:

Conditions of confinement

Record-keeping

Records Disclosure

Testing

Discrimination-basis:

Disability (inc. reasonable accommodations)

Disability:

disability, unspecified

Medical/Mental Health:

Hepatitis

HIV/AIDS

Medical care, general

Type of Facility:

Government-run