Case: Davis v. Jones

3:17-cv-00820 | U.S. District Court for the Middle District of Florida

Filed Date: July 19, 2017

Case Ongoing

Clearinghouse coding complete

Case Summary

On July 19, 2017, death-row inmates in Florida filed this lawsuit alleging that the practice of placing death-row inmates in solitary confinement indefinitely violated their Eighth and Fourteenth Amendment rights. Specifically, they claimed that the permanent solitary confinement posed a serious risk of harm to the health and safety of the plaintiffs. The plaintiffs filed this lawsuit in the U.S. District Court for the Middle District of Florida against employees of the Florida Department of Co…

On July 19, 2017, death-row inmates in Florida filed this lawsuit alleging that the practice of placing death-row inmates in solitary confinement indefinitely violated their Eighth and Fourteenth Amendment rights. Specifically, they claimed that the permanent solitary confinement posed a serious risk of harm to the health and safety of the plaintiffs. The plaintiffs filed this lawsuit in the U.S. District Court for the Middle District of Florida against employees of the Florida Department of Corrections (FDOC) under 42 U.S.C. § 1983. The plaintiffs, represented by themselves, sought injunctive and monetary relief. Lastly, they sought to represent a class of all Florida inmates on death row and in FDOC custody at one of two state correctional facilities. The case was assigned to Judge Marcia Morales Howard.

The defendants moved to dismiss the claim on October 6, 2017. They alleged that the plaintiffs had failed to state a claim under 42 U.S.C. § 1983 and for lack of jurisdiction. On October 25, 2017, the case was referred to mediation.

On November 17, 2017, the Florida DOC filed initial discovery disclosures.

On September 10, 2018, parties stipulated to both a protective order and a confidentiality order.

On March 28, 2018, the complaint was amended.

On April 23, 2018, the motion to certify the class was denied as moot.

On December 5, 2018, a memorandum denying the presence of a third-party observer at mental health examinations was filed stating that the presence of a third party is not necessary or proper.

On May 28, 2019, both parties filed a joint status report to schedule mediation before Senior United States District Judge Harvey Schlesinger and stipulating to a non-jury trial.

On June 12, 2019, Judge Howard issued an order setting the terms of the settlement proceedings in front of Judge Schlesinger. The court directed the clerk to administratively close the case, to be reopened when the settlement efforts have concluded. Judge Howard directed the clerk to open a new case, In re: Davis v. Inch

Settlement Conference, Case No. 3:19-mc-17, and assign it to Judge Schlesinger. On October 30, 2019, the parties notified the court that discussions are continuing and the parties request more time for mediation. A mediation session was held in January 2020 and is ongoing as of May 11, 2020.

Summary Authors

Nora Baty (9/22/2019)

Kat Zhao (2/14/2020)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/6124092/parties/davis-v-inch/


Judge(s)

Barksdale, Patricia D (Florida)

Howard, Marcia Morales (Florida)

Schlesinger, Harvey Erwin (Florida)

Attorneys(s) for Plaintiff

Grace, Maggie T (Maryland)

McClain, Martin Jr (Florida)

McDermott, Linda (Florida)

Rosenthal, Seth (District of Columbia)

Shea, Evan T (Maryland)

Wheeler, Claire M (District of Columbia)

Attorneys(s) for Defendant

Belitzky, Joe (Florida)

Judge(s)

Barksdale, Patricia D (Florida)

Howard, Marcia Morales (Florida)

Schlesinger, Harvey Erwin (Florida)

Attorneys(s) for Plaintiff

Grace, Maggie T (Maryland)

McClain, Martin Jr (Florida)

McDermott, Linda (Florida)

Rosenthal, Seth (District of Columbia)

Shea, Evan T (Maryland)

Wheeler, Claire M (District of Columbia)

Attorneys(s) for Defendant

Belitzky, Joe (Florida)

Johnson, Daniel Andrew (Florida)

Stinson, Monica Galindo (Florida)

Welch, David (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

Jones v. Davis

June 28, 2019 Docket

Docket [PACER]

Davis v. Inch (Jones)

March 2, 2020 Docket
1

Class Action Complaint and Demand for Jury Trial

Davis v. Inch (Jones)

July 19, 2017 Complaint
41

Amended Class Action Complaint for Declaratory and Injunctive Relief

Davis v. Inch

March 28, 2018 Complaint
72

Order

Davis v. Inch (Jones)

2019 WL 1400465

March 28, 2019 Order/Opinion
79

Joint Status Report Regarding Mediation and Jury Demand

Davis v. Inch (Jones)

May 28, 2019 Pleading / Motion / Brief
80

Order

Davis v. Inch

June 12, 2019 Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/6124092/davis-v-inch/

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

ECF Number Description Date Link
1

COMPLAINT against Julie Jones, Kevin Jordan, Barry Reddish with Jury Demand (Filing fee $ 400 receipt number JAX24698) filed by Robert Rimmer, Jesse Guardado, John Troy, Gary Whitton, Mark Geralds, Steven Stein, Mark Davis, Joseph Jordan, Khalid Pasha. (Attachments: # 1 Civil Cover Sheet)(BD) (Entered: 07/20/2017)

1 Civil Cover Sheet

View on PACER

July 19, 2017 PACER
2

SUMMONS issued as to Julie Jones, Kevin Jordan, Barry Reddish. (BD) (Entered: 07/20/2017)

July 19, 2017 PACER
3

NOTICE of designation under Local Rule 3.05 - track 1. Signed by Deputy Clerk on 7/24/2017. (JW) (Entered: 07/24/2017)

July 24, 2017 PACER
4

MOTION for Seth Rosenthal to appear pro hac vice by All Plaintiffs. (Attachments: # 1 Appendix, # 2 Appendix)(McDermott, Linda) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 08/02/2017)

1 Appendix

View on PACER

2 Appendix

View on PACER

Aug. 2, 2017 PACER
5

MOTION for Mathhew Shea to appear pro hac vice by All Plaintiffs. (Attachments: # 1 Appendix, # 2 Appendix)(McDermott, Linda) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 08/02/2017)

1 Appendix

View on PACER

2 Appendix

View on PACER

Aug. 2, 2017 PACER
6

MOTION for Claire Wheeler to appear pro hac vice by All Plaintiffs. (Attachments: # 1 Appendix)(McDermott, Linda) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 08/02/2017)

1 Appendix

View on PACER

Aug. 2, 2017 PACER
7

MOTION for Maggie Grace to appear pro hac vice by All Plaintiffs. (Attachments: # 1 Appendix)(McDermott, Linda) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 08/02/2017)

1 Appendix

View on PACER

Aug. 2, 2017 PACER
8

AMENDED NOTICE of designation under Local Rule 3.05 - track 3. Signed by Deputy Clerk on 8/3/2017. (Attachments: # 1 Case Management Report Form, # 2 Consent Letter and Form)(JW) (Entered: 08/03/2017)

1 Case Management Report Form

View on PACER

2 Consent Letter and Form

View on PACER

Aug. 3, 2017 PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Seth A. Rosenthal, appearing on behalf of Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, John Troy, Gary Whitton (Filing fee $150 receipt number JAX024827.) Related document: 4 MOTION for Seth Rosenthal to appear pro hac vice. (AFC)

Aug. 3, 2017 PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Claire M. Wheeler, appearing on behalf of Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, John Troy, Gary Whitton (Filing fee $150 receipt number JAX024828.) Related document: 6 MOTION for Claire Wheeler to appear pro hac vice. (AFC)

Aug. 3, 2017 PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Matthew T. Shea, appearing on behalf of Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, John Troy, Gary Whitton (Filing fee $150 receipt number JAX024829.) Related document: 5 MOTION for Mathhew Shea to appear pro hac vice. (AFC)

Aug. 3, 2017 PACER

***PRO HAC VICE FEES paid and Special Admission Attorney Certification Form filed by attorney Maggie T. Grace, appearing on behalf of Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, John Troy, Gary Whitton (Filing fee $150 receipt number JAX024830.) Related document: 7 MOTION for Maggie Grace to appear pro hac vice. (AFC)

Aug. 3, 2017 PACER
9

ORDER granting 4, 5, 6, 7, the plaintiffs' motions to allow Maggie Grace, Seth Rosenthal, Matthew Shea, and Claire Wheeler to specially appear to represent them in this case, with Linda McDermott serving as local counsel, and directing them to expeditiously register with the Court's electronic case filing (ECF) system. Signed by Magistrate Judge Patricia D. Barksdale on 8/7/2017. (ASL) (Entered: 08/07/2017)

Aug. 7, 2017 PACER
10

CERTIFICATE of interested persons and corporate disclosure statement by Mark Davis. (McDermott, Linda) (Entered: 08/16/2017)

Aug. 16, 2017 PACER
11

NOTICE of Appearance by Monica Galindo Stinson on behalf of Julie Jones, Kevin Jordan, Barry Reddish (Stinson, Monica) (Entered: 08/22/2017)

Aug. 22, 2017 PACER
12

MOTION for Extension of Time to File Response/Reply (Unopposed) by Julie Jones, Kevin Jordan, Barry Reddish. (Stinson, Monica) (Entered: 08/22/2017)

Aug. 22, 2017 RECAP
13

NOTICE of Appearance by Daniel Andrew Johnson on behalf of Julie Jones, Kevin Jordan, Barry Reddish (Johnson, Daniel) (Entered: 08/23/2017)

Aug. 23, 2017 PACER
14

ENDORSED ORDER granting 12 the defendants' unopposed motion for more time to respond to 1 the complaint. The defendants must respond to the complaint by October 6, 2017. Signed by Magistrate Judge Patricia D. Barksdale on 8/23/2017. (CAW) (Entered: 08/23/2017)

Aug. 23, 2017 PACER
15

ORDER scheduling a preliminary pretrial conference for 10/19/2017 at 10:00 AM in Jacksonville Courtroom B before Magistrate Judge Patricia D. Barksdale. Counsel may appear by telephone. See order for details. Signed by Magistrate Judge Patricia D. Barksdale on 9/6/2017. (ASL) (Entered: 09/06/2017)

Sept. 6, 2017 PACER
16

NOTICE by Mark Davis of Service to Julie L. Jones (McDermott, Linda) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
17

NOTICE by Mark Davis of Service to Kevin Jordan (McDermott, Linda) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
18

NOTICE by Mark Davis of Service to Barry Reddish (McDermott, Linda) (Entered: 09/15/2017)

Sept. 15, 2017 PACER
19

NOTICE of Appearance by David Welch on behalf of Julie Jones, Kevin Jordan, Barry Reddish (Welch, David) (Entered: 09/28/2017)

Sept. 28, 2017 PACER
20

MOTION to Dismiss Complaint (Doc. 1), MOTION to dismiss for failure to state a claim, MOTION to dismiss for lack of jurisdiction by Julie Jones, Kevin Jordan, Barry Reddish. (Attachments: # 1 Affidavit Declaration of Betty Money (Exhibit A))(Stinson, Monica) (Entered: 10/06/2017)

Oct. 6, 2017 PACER
21

CERTIFICATE of interested persons and corporate disclosure statement by Julie Jones, Kevin Jordan, Barry Reddish. (Stinson, Monica) (Entered: 10/10/2017)

Oct. 10, 2017 PACER
22

CASE MANAGEMENT REPORT. (Grace, Maggie) (Entered: 10/12/2017)

Oct. 12, 2017 PACER
23

MOTION for Extension of Time to File Response/Reply as to 20 MOTION to Dismiss Complaint (Doc. 1) MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction by All Plaintiffs. (Grace, Maggie) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
24

MOTION to Certify Class and Memorandum in Support of by All Plaintiffs. (Grace, Maggie) (Entered: 10/17/2017)

Oct. 17, 2017 PACER
25

MOTION for Extension of Time to File Response/Reply as to 24 MOTION to Certify Class and Memorandum in Support of by All Defendants. (Johnson, Daniel) (Entered: 10/18/2017)

Oct. 18, 2017 PACER
26

MINUTE entry for the preliminary pretrial conference held on 10/19/2017 before Magistrate Judge Patricia D. Barksdale: Judge Barksdale granted 23 the plaintiffs' unopposed motion to extend the time to respond to the motion to dismiss and set 10/27/2017 as the new deadline. (DIGITAL) (ASL) (Entered: 10/20/2017)

Oct. 19, 2017 PACER
27

ORDER granting 25 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Motion for Class Certification; deferring ruling on 24 Plaintiffs' Motion for Class Certification. Defendants shall have twenty-one (21) days after a ruling on the Motion to Dismiss to file a response. Signed by Judge Marcia Morales Howard on 10/23/2017. (JW) (Entered: 10/23/2017)

Oct. 23, 2017 PACER
28

CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: The deadline for providing mandatory intial disclosures is 11/17/2017; the deadline for filing any motion to add parties under Fed. R. Civ. P. 14 and Local Rule 4.03 or amend the pleadings under Fed. R. Civ. P. 15(a) and Local Rule 4.01 is 3/28/2018; the deadline for disclosing plaintiff's and defendant's experts and expert reports is 8/31/2018; the deadline for disclosing rebuttal experts and expert report is 10/02/2018; the deadline for completing all discovery and filing any motion to compel discovery is 11/02/2018; the deadline for filing any dispositive and Daubert motions is 12/14/2018; the deadline for informing the Court of the selected mediator and mediation date is 12/15/2018; the deadline for participating in mediation is 03/15/2019; the deadline for filing all other motion including motions in limine is 04/01/2019; the deadline for filing responses to other motions including motions in limine is 04/15/2019; the deadline for filing the joint final pretrial statement is 04/15/2019; the final pretrial conference is scheduled for 04/22/2019 at 10:00 a.m.; the deadline for filing trial briefs and proposed findings of fact and conclusions of law is 04/30/2019; the non-jury trial is scheduled for the term commencing on 05/06/2019 at 10:00 a.m., before the Honorable Marcia Morales Howard. Signed by Magistrate Judge Patricia D. Barksdale on October 24, 2017.(ASL) (Entered: 10/25/2017)

Oct. 25, 2017 PACER
29

CASE REFERRED to Mediation. (RH) (Entered: 10/27/2017)

Oct. 25, 2017 PACER
30

RESPONSE in Opposition re 20 MOTION to Dismiss Complaint (Doc. 1) MOTION to dismiss for failure to state a claim MOTION to dismiss for lack of jurisdiction filed by Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, John Troy, Gary Whitton. (Grace, Maggie) (Entered: 10/27/2017)

Oct. 27, 2017 PACER
31

NOTICE by Julie Jones, Kevin Jordan, Barry Reddish of Filing Initial Rule 26 Disclosures (Johnson, Daniel) Modified on 12/5/2017 (REMOVED Per ORDER doc 32)(RH). (Entered: 11/17/2017)

Nov. 17, 2017 PACER
32

ORDER directing the clerk to remove 31 defendants' disclosures. Signed by Magistrate Judge Patricia D. Barksdale on 12/5/2017. (CAW) (Entered: 12/05/2017)

Dec. 5, 2017 PACER
33

NOTICE of supplemental authority by Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, John Troy, Gary Whitton. (Grace, Maggie) (Entered: 03/08/2018)

March 8, 2018 PACER
34

MOTION for Evan T. Shea to appear pro hac vice by All Plaintiffs. (McDermott, Linda) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 03/13/2018)

March 13, 2018 PACER
35

ORDER denying without prejudice to filing a motion that includes an appropriate Local Rule 3.01(g) certification 34 the plaintiff's motion asking the Court to allow Evan Shea, Esquire, to specially appear to represent them in this case. Signed by Magistrate Judge Patricia D. Barksdale on 3/20/2018. (ASL) (Entered: 03/20/2018)

March 20, 2018 PACER
36

MOTION for Maggie T. Grace to withdraw as attorney by Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, John Troy, Gary Whitton. (Grace, Maggie) Motions referred to Magistrate Judge Patricia D. Barksdale. Modified on 4/25/2018 (STRICKEN Per Order doc [40)(RH). (Entered: 03/22/2018)

March 22, 2018 PACER
37

MOTION for leave to file Amended Complaint by Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, John Troy, Gary Whitton. (Attachments: # 1 Exhibit Proposed Amended Complaint)(Wheeler, Claire) (Entered: 03/28/2018)

March 28, 2018 PACER
38

NOTICE of voluntary dismissal by Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, John Troy, Gary Whitton (Wheeler, Claire) (Entered: 03/28/2018)

March 28, 2018 PACER
41

AMENDED COMPLAINT against Julie Jones, Kevin Jordan, Barry Reddish with Jury Demand. filed by Robert Rimmer, Jesse Guardado, Gary Whitton, Mark Geralds, Steven Stein, Mark Davis, Joseph Jordan, Jason Stephens. Related document: 1 Complaint filed by Gary Whitton, Joseph Jordan, John Troy, Khalid Pasha, Jesse Guardado, Mark Geralds, Mark Davis, Robert Rimmer, Steven Stein.(RH) (Entered: 04/25/2018)

March 28, 2018 RECAP
39

SUPPLEMENT re 37 MOTION for leave to file Amended Complaint by Mark Davis. (McDermott, Linda) (Entered: 04/09/2018)

April 9, 2018 PACER
40

ORDER striking 36 Plaintiffs' Notice to allow Maggie T. Grace to withdraw her appearance for failure to comply with Local Rule 2.03; granting 37 Plaintiffs' unopposed Motion for Leave to File an Amended Complaint; accepting as the operative complaint the proposed amended complaint filed as an Exhibit to the Motion; directing the Clerk to file Plaintiffs' Amended Complaint on the Court's docket; denying as moot 20 Defendants' motion to dismiss the Complaint; denying as moot 24 Plaintiff's Motion to Certify Class; dismissing without prejudice, per Plaintiffs' Notice 38, John Troy and Khalid Pasha as named Plaintiffs; directing the Clerk to terminate John Troy and Khalid Pasha as parties; Defendants must respond to Plaintiffs' Amended Complaint by May 18, 2018. Signed by Judge Marcia Morales Howard on 4/23/2018. (KLC) (Entered: 04/23/2018)

April 23, 2018 RECAP
42

MOTION for Evan T. Shea to appear pro hac vice by All Plaintiffs. (Attachments: # 1 Appendix Special Admission Attorney Certification)(McDermott, Linda) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 04/26/2018)

April 26, 2018 PACER
43

ORDER granting 42 the plaintiffs' motion asking the Court to allow Evan Shea, Esquire, to specially appear to represent them in this case and directing him to expeditiously pay the required fee and register with the Court's electronic case filing (ECF) system by completing the E-Filer Registration Form. Signed by Magistrate Judge Patricia D. Barksdale on 4/30/2018. (ASL) (ASL) (Entered: 05/01/2018)

May 1, 2018 PACER
44

Unopposed MOTION for Maggie T. Grace to withdraw as attorney by Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, Jason Stephens, John Troy, Gary Whitton. (Wheeler, Claire) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 05/07/2018)

May 7, 2018 PACER
45

MOTION to dismiss for failure to state a claim by Julie Jones, Kevin Jordan, Barry Reddish. (Attachments: # 1 Exhibit Exhibit A)(Johnson, Daniel) (Entered: 05/18/2018)

1 Exhibit Exhibit A

View on PACER

May 18, 2018 PACER
46

MOTION to stay discovery by Julie Jones, Kevin Jordan, Barry Reddish. (Johnson, Daniel) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 05/18/2018)

May 18, 2018 PACER
47

RESPONSE in Opposition re 45 MOTION to dismiss for failure to state a claim Plaintiff's Opposition to Defendants' Motion to Dismiss Amended Complaint filed by Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Robert Rimmer, Steven Stein, Jason Stephens, Gary Whitton. (Wheeler, Claire) (Entered: 05/23/2018)

May 23, 2018 PACER
48

Amended MOTION to Certify Class with Memorandum in Support by Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Robert Rimmer, Steven Stein, Jason Stephens, Gary Whitton. (Wheeler, Claire) (Entered: 05/23/2018)

May 23, 2018 RECAP
49

Unopposed MOTION for Extension of Time to File Response/Reply as to 48 Amended MOTION to Certify Class with Memorandum in Support by Julie Jones, Kevin Jordan, Barry Reddish. (Johnson, Daniel) (Entered: 06/01/2018)

June 1, 2018 PACER
50

RESPONSE in Opposition re 46 MOTION to stay discovery filed by Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, Jason Stephens, John Troy, Gary Whitton. (Wheeler, Claire) (Entered: 06/01/2018)

June 1, 2018 PACER
51

Unopposed MOTION to extend time to (certain deadlines in Scheduling Order) by Julie Jones, Kevin Jordan, Barry Reddish. (Stinson, Monica) (Entered: 06/18/2018)

June 18, 2018 PACER
52

ORDER granting 49 Defendants' Unopposed Motion for Extension of Time to Respond to Plaintiffs' Amended Motion for Class Certification; deferring ruling on 48 Plaintiffs' Amended Motion for Class Certification. Defendants shall have 21 days after a ruling on the Motion to Dismiss to file a response to Plaintiffs' Amended Motion for Class Certification. Signed by Judge Marcia Morales Howard on 6/20/2018. (JW) (Entered: 06/20/2018)

June 20, 2018 PACER
53

ORDER granting 51 Defendants' Unopposed Motion for Extension of Certain Scheduling Order Deadlines. An Amended Case Management and Scheduling Order shall enter. Signed by Judge Marcia Morales Howard on 6/20/2018. (JW) (Entered: 06/20/2018)

June 20, 2018 PACER
54

AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 2/15/2019. Conduct mediation hearing by 3/15/2019. Pretrial statement due by 6/10/2019. Final Pretrial Conference set for 6/17/2019 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Bench Trial set for 7/1/2019 at 09:30 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 6/20/2018. (JW) Modified text on 12/18/2018. ***VACATED pursuant to Order 68 (BD). (Entered: 06/20/2018)

June 20, 2018 PACER
55

Joint MOTION for miscellaneous relief, specifically Entry of HIPAA Protective Order and Stipulated Confidentiality Order (Agreed to by All Parties) by Julie Jones, Kevin Jordan, Barry Reddish. (Stinson, Monica) (Entered: 07/26/2018)

July 26, 2018 PACER
56

ORDER granting 44 Maggie T. Grace, Esquire's, motion to withdraw as counsel for the plaintiffs; permitting Ms. Grace to withdraw from representing the plaintiffs in the case; and directing the clerk to amend the docket accordingly. Signed by Magistrate Judge Patricia D. Barksdale on 8/29/2018. (KNR) (Entered: 08/29/2018)

Aug. 29, 2018 PACER
57

ORDER setting a telephone conference on 46 the defendants' motion to stay discovery on September 12, 2018, at 3:30 p.m. Please see order for further details. Signed by Magistrate Judge Patricia D. Barksdale on 9/10/2018. (KNR) (Entered: 09/10/2018)

Sept. 10, 2018 PACER
58

ORDER granting 55 the parties' motion for entry of a protective order and a confidentiality order. The Court will separately enter the stipulated orders. In the confidentiality order, the Court strikes paragraph 4(f) governing the use of confidential information at trial and jury instructions. Regarding the filing of sealed documents, the Court clarifies that no party may file a sealed document without filing a motion to seal that complies with Local Rule 1.09 and addresses the factors regarding the presumption of public access or good cause. Please see order for further details. Signed by Magistrate Judge Patricia D. Barksdale on 9/10/2018. (KNR) (Entered: 09/10/2018)

Sept. 10, 2018 PACER
59

STIPULATED HIPAA PROTECTIVE ORDER. Signed by Magistrate Judge Patricia D. Barksdale on 9/10/2018. (KNR) attachment # 1 acknowledgment of stipulated confidentiality order (Entered: 09/10/2018)

Sept. 10, 2018 PACER
60

STIPULATED CONFIDENTIALITY ORDER. Signed by Magistrate Judge Patricia D. Barksdale on 9/10/2018. (KNR) (Entered: 09/10/2018)

Sept. 10, 2018 PACER
61

MINUTE entry the motion hearing held on 9/12/2018 before Magistrate Judge Patricia D. Barksdale: Counsel for the parties were on the telephone and presented arguments on 46 the defendants' motion to stay discovery. Judge Barksdale denied the motion and will enter a written order. (DIGITAL) (ASL) (Entered: 09/18/2018)

Sept. 12, 2018 PACER
62

ORDER denying 46 the defendants' motion to stay discovery. Signed by Magistrate Judge Patricia D. Barksdale on 9/25/2018. (KNR) (Entered: 09/25/2018)

Sept. 25, 2018 PACER

***PRO HAC VICE FEES paid by attorney Evan Shea, appearing on behalf of (Filing fee $150.00 receipt number JAX029466.) Related document: 42 MOTION for Evan T. Shea to appear pro hac vice. (TSW)

Nov. 5, 2018 PACER
63

MOTION to examine Psychiatric Mental Health Examinations of Plaintiffs Pursuant to Rule 35 by Julie Jones, Kevin Jordan, Barry Reddish. (Stinson, Monica) (Entered: 11/26/2018)

Nov. 26, 2018 PACER
64

ORDER setting a discovery conference on December 6, 2018, at 2:30 p.m., at the Bryan Simpson United States Courthouse, Courtroom 5B. Anyone may appear by telephone. Signed by Magistrate Judge Patricia D. Barksdale on 11/29/2018. (KNR) (Entered: 11/29/2018)

Nov. 29, 2018 PACER
65

MEMORANDUM in support re 63 Examine (Rule 35 Examination) filed by Julie Jones, Kevin Jordan, Barry Reddish. (Stinson, Monica) (Entered: 12/05/2018)

Dec. 5, 2018 PACER
66

MOTION to Bifurcate Discovery by Julie Jones, Kevin Jordan, Barry Reddish. (Attachments: # 1 Exhibit Exhibit A - P's RFP to Jones, # 2 Exhibit Exhibit B - P's RFP to Jordan, # 3 Exhibit Exhibit C - P's RFP to Reddish, # 4 Exhibit Exhibit D - D's Expert Witness Interrogs, # 5 Exhibit Exhibit E - P's Interrogs to Jones, # 6 Exhibit Exhibit F - P's Interrogs to Jordan, # 7 Exhibit Exhibit G - P's Interrogs to Reddish, # 8 Exhibit Exhibit H - D's Interrogs to Davis, # 9 Exhibit Exhibit I - D's Interrogs to Geralds, # 10 Exhibit Exhibit J - D's Interrogs to Guardado, # 11 Exhibit Exhibit K - D's Interrogs to Jordan, # 12 Exhibit Exhibit L - D's Interrogs to Rimmer, # 13 Exhibit Exhibit M - D's Interrogs to Stein, # 14 Exhibit Exhibit N - D's Interrogs to Whitton, # 15 Exhibit Exhibit O - D's Interrog to Stephens, # 16 Exhibit Exhibit P - D's RFP to Davis, # 17 Exhibit Exhibit Q - D's RFP to Geralds, # 18 Exhibit Exhibit R - D's RFP to Guardado, # 19 Exhibit Exhibit S - D's RFP to Jordan, # 20 Exhibit Exhibit T - D's RFP to Rimmer, # 21 Exhibit Exhibit U - D's RFP to Stein, # 22 Exhibit Exhibit V - D's RFP to Whitton, # 23 Exhibit Exhibit W - D's RFP to Stephens, # 24 Exhibit Exhibit X - D's Second RFP to Davis, # 25 Exhibit Exhibit Y - D's Second RFP to Geralds, # 26 Exhibit Exhibit Z - D's Second RFP to Guardado, # 27 Exhibit Exhibit AA - D's Second RFP to Jordan, # 28 Exhibit Exhibit BB - D's Second RFP to Rimmer, # 29 Exhibit Exhibit CC - D's Second RFP to Stein, # 30 Exhibit Exhibit DD - D's Second RFP to Whitton, # 31 Exhibit Exhibit EE - D's Second RFP to Stephens, # 32 Exhibit Exhibit FF - Review Time Calculations)(Stinson, Monica) (Entered: 12/05/2018)

Dec. 5, 2018 PACER
67

MINUTE entry for the discovery hearing held on 12/6/2018 before Magistrate Judge Patricia D. Barksdale: Judge Barksdale denied in part 66 the defendants' motion to bifurcate and denied 63 the defendants' Rule 35 motion without prejudice to filing another Rule 35 motion after the parties agree on dates, times, and places for the examinations. (DIGITAL) (ASL) (Entered: 12/10/2018)

Dec. 6, 2018 PACER
68

ORDER denying as moot 63 the motion asking the Court to order psychiatric exams; denying in part and granting in part 66 the motion to bifurcate discovery; vacating the deadlines in 54 the amended case management and scheduling order pending a ruling on the motion to dismiss; directing the parties to continue discovery; and encouraging the parties to continue to explore methods of resolving the case other than through traditional mediation. Signed by Magistrate Judge Patricia D. Barksdale on 12/17/2018. (KNR) (Entered: 12/17/2018)

Dec. 17, 2018 RECAP
69

TRANSCRIPT of Discovery Hearing held on 12-6-18 before Judge Patricia Barksdale. Court Reporter/Transcriber Cindy Packevicz Jarriel,Telephone number 904-301-6843; cindyrprfcrr@gmail.com. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 2/5/2019, Redacted Transcript Deadline set for 2/15/2019, Release of Transcript Restriction set for 4/15/2019. (CLP) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
70

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Cindy Packevicz Jarriel. cindyrprfcrr@gmail.com (CLP) (Entered: 01/15/2019)

Jan. 15, 2019 PACER
71

Unopposed MOTION for Monica Galindo Stinson to withdraw as attorney by Julie Jones, Kevin Jordan, Barry Reddish. (Stinson, Monica) Motions referred to Magistrate Judge Patricia D. Barksdale. (Entered: 03/01/2019)

March 1, 2019 PACER
72

ORDER denying 45 Defendants' Motion to Dismiss Amended Complaint. Answer due April 22, 2019. Preliminary Pretrial Conference set for April 30, 2019, at 2:00 p.m. Signed by Judge Marcia Morales Howard on 3/28/2019. (JW) (Entered: 03/28/2019)

March 28, 2019 RECAP
73

ORDER granting 71 Monica Galindo Stinson's motion to withdraw as counsel; directions to the clerk. Signed by Magistrate Judge Patricia D. Barksdale on 4/1/2019. (CAW) (Entered: 04/02/2019)

April 2, 2019 PACER
74

Unopposed MOTION for Extension of Certain Scheduling Order Deadlines re 41 Amended Complaint, 72 Order on Motion to Dismiss for Failure to State a Claim by Julie Jones, Kevin Jordan, Barry Reddish. (Welch, David) Motions referred to Magistrate Judge Patricia D. Barksdale. Modified text on 4/5/2019 (BD). (Entered: 04/05/2019)

April 5, 2019 PACER
75

ORDER granting 74 Defendants' Unopposed Motion for Extension of Certain Scheduling Order Deadlines. Answer due May 6, 2019. Preliminary pretrial conference continued to May 14, 2019, at 2:00 p.m. Signed by Judge Marcia Morales Howard on 4/5/2019. (JW) (Entered: 04/05/2019)

April 5, 2019 PACER
76

ANSWER and affirmative defenses with Jury Demand to 41 Amended Complaint by Julie Jones, Kevin Jordan, Barry Reddish.(Welch, David) (Entered: 05/06/2019)

May 6, 2019 PACER
77

Minute Entry for proceedings held before Judge Marcia Morales Howard: PRELIMINARY PRETRIAL CONFERENCE held on 5/14/2019. Joint notice regarding settlement conference due May 28, 2019. Court Reporter: Cindy Packevicz Jarriel (JW) (Entered: 05/15/2019)

May 14, 2019 PACER
78

ORDER for parties to confer and advise the Court by May 28, 2019, as to whether they intend to proceed to a non-jury or jury trial. Signed by Judge Marcia Morales Howard on 5/17/2019. (BL) (Entered: 05/17/2019)

May 17, 2019 PACER
79

STATUS report Regarding Mediation and Jury Demand by Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Robert Rimmer, Steven Stein, Jason Stephens, Gary Whitton. (Shea, Evan) (Entered: 05/28/2019)

May 28, 2019 PACER
80

ORDER regarding settlement proceedings before the Honorable Harvey E. Schlesinger; directing administrative closure of case; and directing the Clerk to open a miscellaneous case. Signed by Judge Marcia Morales Howard on 6/12/2019. (JW) (Entered: 06/12/2019)

June 12, 2019 RECAP
81

RESPONSE in Opposition re 48 Amended MOTION to Certify Class with Memorandum in Support filed by Julie Jones, Kevin Jordan, Barry Reddish. (Welch, David) (Entered: 06/18/2019)

June 18, 2019 PACER
82

NOTICE of Appearance by Joe Belitzky on behalf of Barry Reddish (Belitzky, Joe) (Entered: 06/19/2019)

June 19, 2019 PACER
83

Unopposed MOTION for leave to file Reply, Unopposed MOTION for Extension of Time to File Response/Reply as to 81 Response in Opposition to Motion by All Plaintiffs. (Attachments: # 1 Text of Proposed Order)(Shea, Evan) (Entered: 06/27/2019)

1 Text of Proposed Order

View on PACER

June 27, 2019 PACER
84

ORDER denying as moot 83 Motion for Leave to File Reply and Extend Deadline. Signed by Judge Marcia Morales Howard on 7/10/2019. (BL) (Entered: 07/10/2019)

July 10, 2019 PACER
85

NOTICE REGARDING MEDIATION. Signed by Senior Judge Harvey E. Schlesinger on 10/29/2019. (MGG) (Entered: 10/30/2019)

Oct. 30, 2019 RECAP
86

NOTICE OF RESCHEDULING HEARING (AS TO COURTROOM ONLY): The Mediation scheduled for Thursday, January 16, 2020 at 9:00 AM before Senior Judge Harvey E. Schlesinger has been moved to Jacksonville Courtroom 12 D. (MGG) (Entered: 01/07/2020)

Jan. 7, 2020 PACER

Notice (Other)

Jan. 7, 2020 PACER
87

MOTION for Claire M. Wheeler to withdraw as attorney by Mark Davis, Mark Geralds, Jesse Guardado, Joseph Jordan, Khalid Pasha, Robert Rimmer, Steven Stein, Jason Stephens, John Troy, Gary Whitton. (Shea, Evan) Motions referred to Magistrate Judge Patricia D. Barksdale. Modified on 1/15/2020 (PAM). Counsel directed to refile. No signature reflected. (Entered: 01/15/2020)

Jan. 15, 2020 PACER
88

Amended MOTION to Amend/Correct Motion to Withdrawal Claire M. Wheeler by All Plaintiffs. (Shea, Evan) (Entered: 01/15/2020)

Jan. 15, 2020 PACER
89

ORDER granting 88 Plaintiffs' Notice of Withdrawal of Claire M. Wheeler; directions to the Clerk. Signed by Judge Marcia Morales Howard on 3/2/2020. (CAW) (Entered: 03/02/2020)

March 2, 2020 PACER
90

Settlement

May 18, 2021 PACER
91

Notice of hearing on motion

Aug. 11, 2021 PACER
92

Motion Hearing

Aug. 20, 2021 PACER

Notice of hearing

Aug. 20, 2021 PACER
94

Attorney Fees

Sept. 9, 2021 PACER

State / Territory: Florida

Case Type(s):

Prison Conditions

Special Collection(s):

Solitary confinement

Key Dates

Filing Date: July 19, 2017

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

Death Row Inmates from Florida.

Plaintiff Type(s):

State Plaintiff

Public Interest Lawyer: No

Filed Pro Se: Yes

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

Secretary (Union), State

Warden (Union), State

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

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

Constitutional Clause(s):

Cruel and Unusual Punishment

Due Process

Availably Documents:

Trial Court Docket

Complaint (any)

Any published opinion

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

Conditions of confinement

Solitary confinement/Supermax (conditions or process)

Type of Facility:

Government-run

Non-government for profit

Non-government non-profit