Case: Brown v. Ramsay

4:18-cv-10279 | U.S. District Court for the Southern District of Florida

Filed Date: Dec. 3, 2018

Case Ongoing

Clearinghouse coding complete

Case Summary

On December 3, 2018, a U.S. citizen detainee filed this lawsuit under § 1983 in the U.S. District Court for the Southern District of Florida to challenge his unlawful arrest and detention by the Monroe County Sheriff's Office. The plaintiff alleged that the Sheriff's Office carelessly and aggressively arrested him for Immigration and Customs Enforcement (ICE) under a Basic Ordering Agreement (BOA) between the two agencies, in violation of his Fourth Amendment rights and his right to be free fro…

On December 3, 2018, a U.S. citizen detainee filed this lawsuit under § 1983 in the U.S. District Court for the Southern District of Florida to challenge his unlawful arrest and detention by the Monroe County Sheriff's Office. The plaintiff alleged that the Sheriff's Office carelessly and aggressively arrested him for Immigration and Customs Enforcement (ICE) under a Basic Ordering Agreement (BOA) between the two agencies, in violation of his Fourth Amendment rights and his right to be free from false imprisonment under Florida law. The BOA scheme provided the Sheriff with $50 per arrest for detaining individuals arrested for ICE. The plaintiff claimed that despite his repeated protests to multiple jail officers and his offer to produce proof of his U.S. citizenship, the Sheriff’s Office held him so that ICE could deport him to Jamaica. The plaintiff would have been deported to Jamaica but-for a last-minute intervention in which a friend sent a copy of the plaintiff's birth certificate to an ICE agent. The plaintiff sought declaratory and compensatory damages, as well as attorney’s fees. Chief Judge K. Michael Moore was assigned to the case, but was reassigned to Judge Kathleen M. Williams.

On February 11, 2019, Judge Williams set a jury trial on February 3, 2020. In the meantime, the parties engaged in negotiations with a mediator. Ultimately, the parties failed to reach a settlement agreement. The trial date was reset for July 20, 2020, and discovery continued.

On February 18, 2020, both the plaintiff and defendants filed for summary judgment. The case was stayed for a few months in mid-2020, in part due to interruptions caused by COVID-19. In the ensuing months, the parties jointly asked for multiple stays for trial proceedings.

Currently, the parties are supposed to file their motions in limine by May 17, 2021 and their pretrial stipulation and deposition designations by June 7, 2021. The case remains ongoing.

Summary Authors

Sichun Liu (4/11/2019)

Aaron Gurley (12/28/2019)

Gabrielle Simeck (4/11/2021)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/8345760/parties/brown-v-ramsay/


Judge(s)

Torres, Edwin G. (Florida)

Williams, Kathleen Mary (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Amdur, Spencer (New York)

Anderson, Anne Janet Hernandez (Florida)

Bernstein, Andrew C (New York)

Bracht, Jennifer K (Colorado)

Garbow, Avi Samuel (District of Columbia)

Gelernt, Lee (New York)

Hayden, Patrick (New York)

Judge(s)

Torres, Edwin G. (Florida)

Williams, Kathleen Mary (Florida)

Attorneys(s) for Plaintiff

Abudu, Nancy G (Florida)

Amdur, Spencer (New York)

Anderson, Anne Janet Hernandez (Florida)

Bernstein, Andrew C (New York)

Bracht, Jennifer K (Colorado)

Garbow, Avi Samuel (District of Columbia)

Gelernt, Lee (New York)

Hayden, Patrick (New York)

Jadwat, Omar C. (New York)

Kacou, Amien (Florida)

Kim, Jason S (California)

Lopez, Viviana Teresa Bonilla (Florida)

Ngo, My Khanh (California)

Rich, Sara M (Georgia)

Richardson, Heather L. (California)

Soleimani, Jonathan N. (California)

Tilley, Daniel Boaz (Florida)

Wofsy, Cody H. (California)

Attorneys(s) for Defendant

Giuffreda, Richard A (Florida)

Jisa, Adriana Mihaela (Florida)

Jolly, Bruce (Florida)

Joss, Harrison Adan (Florida)

Documents in the Clearinghouse

Document

Docket [PACER]

March 11, 2021 Docket
1

Complaint

Dec. 3, 2018 Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/8345760/brown-v-ramsay/

Last updated May 12, 2022

ECF Number Description Date Link
1

Complaint pursuant to 42 USC 1983 against Richard A. Ramsay. Filing fee $ 400.00 receipt number 113C-11206151, filed by Peter Sean Brown. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Kacou, Amien) (Entered: 12/03/2018)

1 Civil Cover Sheet

View on PACER

2 Summon(s)

View on PACER

Dec. 3, 2018 RECAP
2

Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (lbc) (Entered: 12/03/2018)

Dec. 3, 2018 PACER
3

Summons Issued as to Richard A. Ramsay. (lbc) (Entered: 12/03/2018)

Dec. 3, 2018 PACER
4

PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 12/3/2018. (osk) (Entered: 12/03/2018)

Dec. 3, 2018 PACER
5

PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. ยง 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simonton's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 12/3/2018. (osk) (Entered: 12/03/2018)

Dec. 3, 2018 PACER
6

Notice of Pending, Refiled, Related or Similar Actions by Peter Sean Brown (Kacou, Amien) (Entered: 12/03/2018)

Dec. 3, 2018 RECAP
7

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Spencer Amdur. Filing Fee $ 75.00 Receipt # 113C-11219470 by Peter Sean Brown. Responses due by 12/20/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/06/2018)

Dec. 6, 2018 PACER
8

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Cody Wofsy. Filing Fee $ 75.00 Receipt # 113C-11219518 by Peter Sean Brown. Responses due by 12/20/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/06/2018)

Dec. 6, 2018 PACER
9

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Omar Jadwat. Filing Fee $ 75.00 Receipt # 113C-11219560 by Peter Sean Brown. Responses due by 12/20/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/06/2018)

Dec. 6, 2018 PACER
10

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lee Gelernt. Filing Fee $ 75.00 Receipt # 113C-11219602 by Peter Sean Brown. Responses due by 12/20/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/06/2018)

Dec. 6, 2018 PACER
11

PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 7 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 27 is GRANTED. Spencer Amdur may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to samdur@aclu.org. Signed by Chief Judge K. Michael Moore on 12/7/2018. (osk) (Entered: 12/07/2018)

Dec. 7, 2018 PACER
12

PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 8 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 27 is GRANTED. Cody Wofsy may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to cwofsy@aclu.org. Signed by Chief Judge K. Michael Moore on 12/7/2018. (osk) (Entered: 12/07/2018)

Dec. 7, 2018 PACER
13

PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 9 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 27 is GRANTED. Omar Jadwat may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to ojadwat@aclu.org. Signed by Chief Judge K. Michael Moore on 12/7/2018. (osk) (Entered: 12/07/2018)

Dec. 7, 2018 PACER
14

PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 10 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 27 is GRANTED. Lee Gelernt may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to lgelernt@aclu.org. Signed by Chief Judge K. Michael Moore on 12/7/2018. (osk) (Entered: 12/07/2018)

Dec. 7, 2018 PACER
15

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Avi Garbow. Filing Fee $ 75.00 Receipt # 113C-11223920 by Peter Sean Brown. Responses due by 12/21/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/07/2018)

Dec. 7, 2018 PACER
16

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan Soleimani. Filing Fee $ 75.00 Receipt # 113C-11223974 by Peter Sean Brown. Responses due by 12/21/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/07/2018)

Dec. 7, 2018 PACER
17

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason Kim. Filing Fee $ 75.00 Receipt # 113C-11223983 by Peter Sean Brown. Responses due by 12/21/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/07/2018)

Dec. 7, 2018 PACER
18

PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 12/8/2018. (osk) (Entered: 12/08/2018)

Dec. 8, 2018 PACER
19

PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. ยง 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simonton's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 12/8/2018. (osk) (Entered: 12/08/2018)

Dec. 8, 2018 PACER
20

PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 15 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 16 is GRANTED. Avi Garbow may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to agarbow@gibsondunn.com. Signed by Chief Judge K. Michael Moore on 12/8/2018. (osk) (Entered: 12/08/2018)

Dec. 8, 2018 PACER
21

PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 16 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 16 is GRANTED. Jonathan Soleimani may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to jsoleimani@gibsondunn.com. Signed by Chief Judge K. Michael Moore on 12/8/2018. (osk) (Entered: 12/08/2018)

Dec. 8, 2018 PACER
22

PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 17 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 17 is GRANTED. Jason Kim may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to jkim@gibsondunn.com. Signed by Chief Judge K. Michael Moore on 12/8/2018. (osk) (Entered: 12/08/2018)

Dec. 8, 2018 PACER
23

SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens with a 21 day response/answer filing deadline by Peter Sean Brown. Richard A. Ramsay served on 12/4/2018, answer due 12/26/2018. (Kacou, Amien) (Entered: 12/08/2018)

Dec. 8, 2018 PACER
24

NOTICE of Attorney Appearance by Bruce Wallace Jolly on behalf of Richard A. Ramsay. Attorney Bruce Wallace Jolly added to party Richard A. Ramsay(pty:dft). (Jolly, Bruce) (Entered: 12/11/2018)

Dec. 11, 2018 PACER
25

ORDER TRANSFERRING CASE to Judge Kathleen M. Williams for all further proceedings, accepted and signed on 12/12/2018. Chief Judge K. Michael Moore no longer assigned to case Signed by Chief Judge K. Michael Moore on 12/12/2018. See attached document for full details. (cds) (Entered: 12/13/2018)

Dec. 12, 2018 PACER
26

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sarah M. Rich. Filing Fee $ 75.00 Receipt # 113C-11240312 by Peter Sean Brown. Responses due by 12/27/2018 (Bonilla Lopez, Viviana) (Entered: 12/13/2018)

Dec. 13, 2018 PACER
27

PAPERLESS ORDER REFERRING 26 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sarah M. Rich. Filing Fee $ 75.00 Receipt # 113C-11240312 filed by Peter Sean Brown. ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive Matters. Ch. Magistrate Judge Andrea M. Simonton no longer assigned as referral judge in this case. Motions referred to Judge Edwin G. Torres. Signed by Judge Kathleen M. Williams on 12/14/2018. (jws) (Entered: 12/14/2018)

Dec. 14, 2018 PACER
28

PAPERLESS ORDER granting 26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Sarah M. Rich. The Clerk shall add pro hac counsel as co-counsel of record for Plaintiff. Signed by Magistrate Judge Edwin G. Torres on 12/14/2018. (EGT) (Entered: 12/14/2018)

Dec. 14, 2018 PACER
29

MOTION for Extension of Time to File Response/Reply/Answer by Richard A. Ramsay. (Jolly, Bruce) (Entered: 12/20/2018)

Dec. 20, 2018 PACER
30

PAPERLESS ORDER granting 29 Unopposed Motion for Extension of Time to File Response/Answer to Plaintiff's Complaint. Upon a review of the motion and for good cause shown, Defendant's motion is GRANTED. Defendant shall file a response to Plaintiff's complaint by January 2, 2019 and Plaintiff shall, if appropriate, file a response by January 23, 2019. Signed by Judge Kathleen M. Williams on 12/20/2018. (jws) (Entered: 12/20/2018)

Dec. 20, 2018 PACER
31

ANSWER and Affirmative Defenses to Complaint with Jury Demand by Richard A. Ramsay. (Jolly, Bruce) (Entered: 01/02/2019)

Jan. 2, 2019 RECAP
32

ORDER. Responses due by 2/8/2019. Signed by Judge Kathleen M. Williams on 1/2/2019. See attached document for full details. (lbc) (Entered: 01/02/2019)

Jan. 2, 2019 PACER
33

STATUS REPORT by Peter Sean Brown (Attachments: # 1 Supplement Jointly Proposed Schedule)(Kacou, Amien) (Entered: 02/08/2019)

Feb. 8, 2019 PACER
34

SCHEDULING ORDER: Jury Trial set for 2/3/2020 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 1/28/2020 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 2/11/2019. See attached document for full details. (cds) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 02/11/2019)

Feb. 11, 2019 PACER
35

Unopposed MOTION to Withdraw as Attorney by Avi Garbow for / by Peter Sean Brown. Responses due by 3/8/2019 (Attachments: # 1 Text of Proposed Order Proposed Order Granting Unopposed Motion to Withdraw as Counsel)(Kacou, Amien) (Entered: 02/22/2019)

Feb. 22, 2019 PACER
36

PAPERLESS ORDER granting 35 Motion to Withdraw as Attorney. Avi Samuel Garbow withdrawn from case as counsel or Plaintiff who remains represented in the action through other counsel of record. Signed by Magistrate Judge Edwin G. Torres on 3/8/2019. (EGT) (Entered: 03/08/2019)

March 8, 2019 PACER

Order on Motion to Withdraw as Attorney

March 8, 2019 PACER
37

Request for Clerk to Appoint Mediator(Kacou, Amien) (Entered: 03/13/2019)

March 13, 2019 PACER
38

Clerk's Appointment of Mediator: Thomas D. Lardin added (pt) (Entered: 03/14/2019)

March 14, 2019 PACER
39

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Heather L. Richardson. Filing Fee $ 75.00 Receipt # 113C-11525551 by Peter Sean Brown. Responses due by 4/16/2019 (Attachments: # 1 Certification of H. Richardson in support of PHV Application, # 2 Text of Proposed Order Granting H. Richardson PHV Application)(Kacou, Amien) (Entered: 04/02/2019)

April 2, 2019 PACER
40

PAPERLESS ORDER granting 39 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Heather L. Richardson as co-counsel of record for Plaintiff. Signed by Magistrate Judge Edwin G. Torres on 4/3/2019. (EGT) (Entered: 04/03/2019)

April 3, 2019 PACER

Order on Motion to Appear Pro Hac Vice

April 3, 2019 PACER

Order to Show Cause

April 3, 2019 PACER

Order Striking

April 3, 2019 PACER
41

(STRICKEN PER DE#42)NOTICE by Richard A. Ramsay of Taking Deposition (Plaintiff) (Jolly, Bruce)Text Modified on 4/4/2019 (cqs). (Entered: 04/03/2019)

April 3, 2019 PACER
42

PAPERLESS ORDER STRIKING 41 Notice (Other) of Deposition filed by Richard A. Ramsay. Defendant's notice of deposition is STRICKEN for failure to comply with the Local Rules for the Southern District of Florida. Local Rule 26.1 provides "[i]nitial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing: (1) deposition transcripts; (2) interrogatories; (3) requests for documents, electronically stored information or things, or to permit entry upon land; (4) requests for admission; (5) notices of taking depositions or notices of serving subpoenas; and (6) privilege logs. Going forward, failure to comply with the Local Rules, the Federal Rules of Civil Procedure, and this Court's policies and procedures may result in sanctions. Signed by Judge Kathleen M. Williams on 4/3/2019. (jws) (Entered: 04/03/2019)

April 3, 2019 PACER
43

PAPERLESS ORDER TO SHOW CAUSE. The Court's Scheduling Order 34 required that "[w]ithin thirty (30) days of the date of this Order, the Parties shall: select a mediator certified under Local Rule 16.2(b); schedule a time, date, and place for mediation; and jointly file a proposed order scheduling mediation." Although the Parties filed a joint motion for the Clerk to appoint a mediator and a mediator was appointed on March 14, 2019, the Parties have nonetheless failed to comply with this requirement. Accordingly, the Parties are ORDERED TO SHOW CAUSE by April 4, 2019 at 5:00 p.m. as to why sanctions should not be imposed for their failure to comply with Court order. Signed by Judge Kathleen M. Williams on 4/3/2019. (jws) (Entered: 04/03/2019)

April 3, 2019 PACER
44

RESPONSE TO ORDER TO SHOW CAUSE re 43 Order to Show Cause,,, by Peter Sean Brown. (Attachments: # 1 Exhibit A - Notice of Filing Proposed Mediation Order, # 2 Text of Proposed Order Granting Joint Motion to File Out of Time Mediation Order)(Kacou, Amien) (Entered: 04/04/2019)

April 4, 2019 PACER

Order Scheduling Mediation

April 4, 2019 PACER
45

PAPERLESS ORDER SCHEDULING MEDIATION. A mediation conference in this matter shall be held with Thomas D. Lardin on August 21, 2019, at 10:00 a.m., at 401 E. Las Olas Blvd, Fort Lauderdale, Florida, 33301. This date shall not be rescheduled without leave of Court, which will not be granted absent a motion setting forth good cause. The parties are responsible for ensuring that within three business days of the mediation, a mediation report is filed, indicating whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. Signed by Judge Kathleen M. Williams on 4/4/2019. (jws) (Entered: 04/04/2019)

April 4, 2019 PACER
46

PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 5/10/2019 at 02:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. (js02) (Entered: 04/17/2019)

April 17, 2019 PACER

- Order (PAPERLESS or pdf attached)

April 17, 2019 PACER
47

PAPERLESS ORDER re [D.E. 46] Notice re Hearing:The discovery hearing previously set for 5/10/2019 is RESCHEDULED to 5/9/2019 at 2:30 p.m. The parties shall continue to comply with the requirements of the Order Setting Discovery Procedures with respect to submission of materials for that hearing by 5/6/2019. Signed by Magistrate Judge Edwin G. Torres on 4/17/2019. (EGT) (Entered: 04/17/2019)

April 17, 2019 PACER
48

PAPERLESS NOTICE of Hearing: Discovery Hearing RESET for 5/7/2019 02:30 PM in Miami Division before Magistrate Judge Edwin G. Torres, James Lawrence King Federal Justice Building, 99 NE 4th Street, 10th Floor - Courtroom 5, Miami, FL 33132. (mdc) (Entered: 04/26/2019)

April 26, 2019 PACER
49

MOTION to Continue Hearing by Richard A. Ramsay. Responses due by 5/14/2019 (Jolly, Bruce) (Entered: 04/30/2019)

April 30, 2019 RECAP

Order on Motion to Continue

April 30, 2019 PACER
50

PAPERLESS ORDER granting 49 Motion to Continue Hearing, for good cause shown in the unopposed motion: Discovery Hearing re-set for 5/30/2019 11:00 AM in Miami Division before Magistrate Judge Edwin G. Torres. Compliance with submission of related materials due by 5/20/2019. Signed by Magistrate Judge Edwin G. Torres on 4/30/2019. (EGT) (Entered: 04/30/2019)

April 30, 2019 PACER
51

NOTICE of Compliance re Discovery Hearing by Peter Sean Brown re 46 Notice re Hearing, 50 Order on Motion to Continue, (Kacou, Amien) (Entered: 05/20/2019)

May 20, 2019 PACER
52

Unopposed MOTION to Withdraw as Attorney by Nancy Gbana Abudu for / by Peter Sean Brown. Responses due by 6/3/2019 (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Withdraw as Counsel)(Kacou, Amien) (Entered: 05/20/2019)

May 20, 2019 PACER
53

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer K. Bracht. Filing Fee $ 75.00 Receipt # 113C-11667685 by Peter Sean Brown. Responses due by 6/5/2019 (Attachments: # 1 Certification of Jennifer K. Bracht, # 2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Kacou, Amien) (Entered: 05/22/2019)

May 22, 2019 PACER
54

PAPERLESS NOTICE OF CANCELLATION OF HEARING: Hearing currently set for May 30, 2019 is hereby CANCELLED. (abu) (Entered: 05/28/2019)

May 28, 2019 PACER
55

PAPERLESS NOTICE of Hearing: The discovery hearing set for May 30, 2019 will now take place on June 13, 2019 at 3:30 P.M. The parties must still comply with the requirements found in this Court's standing Discovery Order. (abu) (Entered: 05/28/2019)

May 28, 2019 PACER
56

NOTICE of Attorney Appearance by Daniel Boaz Tilley on behalf of Peter Sean Brown. Attorney Daniel Boaz Tilley added to party Peter Sean Brown(pty:pla). (Tilley, Daniel) (Entered: 05/29/2019)

May 29, 2019 PACER
57

NOTICE by Richard A. Ramsay of Filing Answers to Interrogatories (Jolly, Bruce) (Entered: 05/30/2019)

May 30, 2019 PACER
58

PAPERLESS ORDER granting 52 Motion to Withdraw as Attorney. Nancy Gbana Abudu withdrawn from case as counsel for plaintiff who is separately represented by counsel in the action; granting 53 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Jennifer K. Bracht. The Clerk shall add pro hac counsel as counsel of record for Plaintiff. Signed by Magistrate Judge Edwin G. Torres on 5/31/2019. (EGT) (Entered: 05/31/2019)

May 31, 2019 PACER

Order on Motion to Appear Pro Hac Vice

May 31, 2019 PACER

Order on Motion to Withdraw as Attorney

May 31, 2019 PACER
59

NOTICE of Compliance re June 13 Discovery Hearing by Peter Sean Brown re 55 Notice re Hearing, (Kacou, Amien) (Entered: 06/10/2019)

June 10, 2019 PACER
60

MOTION to Take Deposition from Peter Sean Brown by Richard A. Ramsay. (Jolly, Bruce) (Entered: 06/11/2019)

June 11, 2019 RECAP
61

PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing HELD on 6/13/2019. Total time in court: 1 hour: 08 minutes. Attorney Appearance(s): Daniel Boaz Tilley, Jonathan N. Soleimani, Bruce Wallace Jolly, (Digital 15:44:41 - 16:53:13) (mdc) (Entered: 06/13/2019)

June 13, 2019 PACER
62

TRANSCRIPT of Discovery Hearing (Transcribed from the Digital Audio Recording) held on June 13, 2019, before Magistrate Judge Edwin G. Torres, 1-76 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. (Digital 15:44:41.) 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 7/9/2019. Redacted Transcript Deadline set for 7/19/2019. Release of Transcript Restriction set for 9/16/2019. (le) (Entered: 06/18/2019)

June 18, 2019 PACER
63

Corrected Transcript and Notice of Correction of the Discovery Hearing (Transcribed from the Digital Audio Recording) held on June 13, 2019, before Magistrate Judge Edwin G. Torres, 1-76 pages, re: 62 Transcript. Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. (le) (Entered: 06/20/2019)

June 20, 2019 PACER
64

PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 7/3/2019 at 10:30 AM in Miami Division before Magistrate Judge Edwin G. Torres. (js02) (Entered: 06/25/2019)

June 25, 2019 PACER
65

RESPONSE in Opposition re 60 MOTION to Take Deposition from Peter Sean Brown filed by Peter Sean Brown. Replies due by 7/2/2019. (Kacou, Amien) (Entered: 06/25/2019)

June 25, 2019 PACER
66

PAPERLESS NOTICE OF CANCELLATION OF HEARING: The Discovery Hearing set for 7/3/2019 at 10:30 AM is hereby CANCELLED. (abu) (Entered: 06/27/2019)

June 27, 2019 PACER
67

PAPERLESS NOTICE of Hearing: Discovery Hearing RESET for July 11, 2019 at 01:30 PM in the Miami Division before Magistrate Judge Edwin G. Torres. (abu) (Entered: 06/27/2019)

June 27, 2019 PACER
68

NOTICE of Compliance re July 11 Discovery Hearing by Peter Sean Brown re 67 Notice re Hearing (Kacou, Amien) (Entered: 07/08/2019)

July 8, 2019 PACER
69

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for PATRICK HAYDEN. Filing Fee $ 75.00 Receipt # 113C-11804961 by Peter Sean Brown. Responses due by 7/25/2019 (Attachments: # 1 Certification of Patrick Hayden, # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 07/11/2019)

July 11, 2019 PACER
70

DISCOVERY ORDER: ORDER Granting Motion to Take Deposition of Confined Person. Signed by Magistrate Judge Edwin G. Torres on 7/11/2019. See attached document for full details. (EGT) (Entered: 07/11/2019)

July 11, 2019 PACER
73

PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 7/11/2019. Total time in court: 1 hour(s) : 1 minutes. Attorney Appearance(s): Daniel Boaz Tilley, Viviana Teresa Bonilla Lopez, Bruce Wallace Jolly, (Digital 13:36:56) (mdc) (Entered: 07/19/2019)

July 11, 2019 PACER
71

PAPERLESS ORDER granting 69 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add Patrick Hayden, Esq. as counsel of record for Defendant and allow counsel to be noticed electronically on CM/ECF. Docket Order Signed by Magistrate Judge Edwin G. Torres on 7/17/2019. (abu) (Entered: 07/17/2019)

July 17, 2019 PACER

Order on Motion to Appear Pro Hac Vice

July 17, 2019 PACER
72

PAPERLESS ORDER granting 69 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Patrick Hayden. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add Patrick Hayden, Esq. as counsel of record for Plaintiff and allow counsel to be noticed electronically on CM/ECF. Signed by Magistrate Judge Edwin G. Torres on 7/17/2019. (js02) (Entered: 07/17/2019)

July 17, 2019 PACER
74

Discovery Order re July 11, 2019 Hearing. Signed by Magistrate Judge Edwin G. Torres on 7/19/2019. See attached document for full details. (js02) (Entered: 07/19/2019)

July 19, 2019 PACER
75

PAPERLESS ORDER denying as moot 60 Motion to Take Deposition as an Order was already entered on 7/11/2019 for the requested deposition. Signed by Magistrate Judge Edwin G. Torres on 7/23/2019. (EGT) (Entered: 07/23/2019)

July 23, 2019 PACER

Order on Motion to Take Deposition

July 23, 2019 PACER
76

Unopposed MOTION to Continue Trial Date and Remaining Pretrial Deadlines re 34 Scheduling Order,, by Peter Sean Brown. Responses due by 8/6/2019 (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion for Continuance of Trial and Remaining Pretrial Deadlines, # 2 Affidavit of Jonathan N. Soleimani in Support of Unopposed Motion for Continuance of Trial and Remaining Pretrial Deadlines, # 3 Exhibit A - Excerpts of Transcript from June 13, 2019 Discovery Hearing)(Kacou, Amien) (Entered: 07/23/2019)

July 23, 2019 PACER
77

AMENDED SCHEDULING ORDER: Granted In Part: 76 Unopposed MOTION to Continue Trial Date and Remaining Pretrial Deadlines re 34 Scheduling Order,, filed by Peter Sean Brown. ( Jury Trial set for 4/13/2020 in Miami Division before Judge Kathleen M. Williams., Calendar Call set for 4/7/2020 11:00 AM before Judge Kathleen M. Williams.), Signed by Judge Kathleen M. Williams on 7/24/2019. See attached document for full details. (cds) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 07/24/2019)

July 24, 2019 PACER
78

PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 8/2/2019 at 10:45 AM in Miami Division before Magistrate Judge Edwin G. Torres. (js02) (Entered: 07/29/2019)

July 29, 2019 PACER
79

PAPERLESS NOTICE of Hearing: **TIME AND DATE CHANGE** Discovery Hearing RESET for 8/16/2019 at 09:00 AM in Miami Division before Magistrate Judge Edwin G. Torres. (js02) (Entered: 07/29/2019)

July 29, 2019 PACER
80

Defendant's MOTION to Change Venue by Richard A. Ramsay. Responses due by 8/15/2019 (Jolly, Bruce) (Entered: 08/01/2019)

Aug. 1, 2019 PACER
81

MOTION Motion to Dismiss for Plaintiff's Invocation of the Fifth Amendment Privilege During Deposition by Richard A. Ramsay. (Jolly, Bruce) (Entered: 08/01/2019)

Aug. 1, 2019 PACER
82

NOTICE of Attorney Appearance by Harrison Adan Joss on behalf of Richard A. Ramsay. Attorney Harrison Adan Joss added to party Richard A. Ramsay(pty:dft). (Joss, Harrison) (Entered: 08/01/2019)

Aug. 1, 2019 PACER
83

NOTICE of Compliance re August 16, 2019 Discovery Hearing by Peter Sean Brown re 79 Notice re Hearing (Kacou, Amien) (Entered: 08/11/2019)

Aug. 11, 2019 PACER
84

Joint MOTION for Extension of Time to Mediate to September 3, 2019 by Peter Sean Brown. (Attachments: # 1 Affidavit of Jonathan N. Soleimani in support of Joint Motion to Continue Mediation Date, # 2 Text of Proposed Order Granting Joint Motion to Continue Mediation Date)(Kacou, Amien) (Entered: 08/13/2019)

Aug. 13, 2019 PACER
85

NOTICE of Attorney Appearance by Anne Janet Hernandez Anderson on behalf of Peter Sean Brown. Attorney Anne Janet Hernandez Anderson added to party Peter Sean Brown(pty:pla). (Hernandez Anderson, Anne) (Entered: 08/13/2019)

Aug. 13, 2019 PACER
86

PAPERLESS ORDER granting 84 Joint Motion for Extension of Time to Mediate. The Parties shall attend mediation on September 3, 2019, at 10:00 a.m. and shall file their mediation report on that date. Mediation Deadline 9/3/2019. Signed by Judge Kathleen M. Williams on 8/14/2019. (jws) (Entered: 08/14/2019)

Aug. 14, 2019 PACER

Order on Motion for Extension of Time to Mediate

Aug. 14, 2019 PACER
87

RESPONSE in Opposition re 80 Defendant's MOTION to Change Venue filed by Peter Sean Brown. Replies due by 8/22/2019. (Tilley, Daniel) (Entered: 08/15/2019)

Aug. 15, 2019 PACER
88

RESPONSE in Opposition re 81 MOTION Motion to Dismiss for Plaintiff's Invocation of the Fifth Amendment Privilege During Deposition filed by Peter Sean Brown. Replies due by 8/22/2019. (Attachments: # 1 Declaration of J. Soleimani in support of Plaintiff's Opposition to Motion to Dismiss, # 2 Exhibit A - Transcript of Plaintiff's Deposition, # 3 Exhibit B - Dkt. 51 - 2019.05.20 - Notice of Compliance, # 4 Exhibit C - Dkt. 59 - 2019.06.10 - Amended Notice of Compliance, # 5 Exhibit D - Dkt. 68 - 2019.07.08 - Notice of Compliance, # 6 Exhibit E - Dkt. 83 - 2019.08.11 - Notice of Compliance, # 7 Exhibit F - 2019.04.09 - Plaintiff's Meet and Confer Email with Defendant Regarding Discovery, # 8 Exhibit G - 2019.04.16 - Plaintiff's Email re Lingering Disputes and Hearing with J. Torres, # 9 Exhibit H - 2019.06.26 - Plaintiff's Discovery Letter re Defendant's Failure to Comply with June 13 Bench Rulings, # 10 Exhibit I - Dkt. 74 - 2019.07.19 - Order Granting in Part Plaintiff's Motion to Compel, # 11 Exhibit J - 2019.07.23 - Plaintiff's Letter Regarding Productions and Responses Ordered by Court on July 11, 2019)(Tilley, Daniel) (Entered: 08/15/2019)

Aug. 15, 2019 PACER

State / Territory: Florida

Case Type(s):

Immigration and/or the Border

Key Dates

Filing Date: Dec. 3, 2018

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A U.S. citizen detainee

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Southern Poverty Law Center

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Monroe County Detention Center (Monroe), County

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Unreasonable search and seizure

Availably Documents:

Trial Court Docket

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet

Issues

General:

False arrest

Over/Unlawful Detention

Placement in detention facilities

Type of Facility:

Government-run

Immigration/Border:

Constitutional rights

Deportation - procedure

Detention - procedures