Case: Demler v. Inch

4:19-cv-00094 | U.S. District Court for the Northern District of Florida

Filed Date: Feb. 19, 2019

Closed Date: Sept. 7, 2022

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Case Summary

On February 19, 2019, a man serving a life sentence in a Florida prison filed this putative class-action lawsuit in the U.S. District Court for the Northern District of Florida. The plaintiff sued the Secretary of the Florida Department of Corrections under 42 U.S.C. §1983 and the Declaratory Judgment Act. The case was ultimately assigned to Judge Robert L. Hinkle. The plaintiff, represented by the Social Justice Law Collective and the Florida Justice Institute, sought a declaration that the Department had violated the Takings Clause of the Fifth Amendment and the Due Process Clause of the Fourteenth Amendment. He also sought a preliminary and permanent injunction that would restore his access while in prison to digital media files that he had previously purchased.

Specifically, the plaintiff claimed that the Department of Corrections had violated his constitutional rights when they switched from the Digital Music Player Program to the current Multimedia Tablet Program without allowing inmates to retain their previously-purchased digital media and digital media players. The Department implemented the Digital Music Player Program in 2011 in order to provide a secure method by which prisoners could browse, select, purchase, and download digital content to MP3/MP4 players, made specifically for use by inmates in a correctional setting. Advertisements to inmates emphasized that once they purchased media, they would always own it and could delete and re-order digital media that they had purchased from a cloud-based library at no additional cost.

In 2017, the Department terminated its contract with the Digital Music Player Program vendor, entered into a new contract with a competing vendor, and transitioned to the Multimedia Tablet Program. Under the new program, inmates were required to purchase a new multimedia device and were required to surrender their previous digital media players, along with all the digital content they had purchased for the previous devices. Inmates had the option of sending the player/files to someone outside the prison at an additional cost, but they could no longer access the media files they had purchased while in prison. Although inmates who had participated in the Digital Music Player Program received discounts on the new program, they did not receive any other form of compensation for the taking of their digital media players and files.

Because inmates had purchased the devices and files specifically to use while in prison, the plaintiff claimed that the Department’s transition to the Multimedia Tablet Program amounted to an unconstitutional taking of private property (particularly for inmates serving a life sentence who would not benefit from sending the device to family or friends outside the prison). The plaintiff also claimed that the Department’s transition to the new program violated the plaintiffs’ substantive Due Process rights; he claimed that the transition was implemented in the Department’s legislative capacity, was arbitrary and capricious, and had no rational basis. The plaintiff sought to represent a class defined as All Florida Department of Corrections prisoners whose digital media files were taken, or would be taken, pursuant to the Multimedia Tablet Program.

On April 5, 2019, the Department filed a motion for a more definite statement. The court denied this motion on May 3, 2019. On May 20, 2019, the Department filed a motion to dismiss for improper venue, lack of subject-matter jurisdiction, failure to state a claim, and failure to join a required party. The court denied the motion on on May 30, 2019, holding, among other things, that “Under the plain language of Rule 12(h)(1)(A), the Secretary waived the venue defense by failing to include it in the motion for a more definite statement.”

On June 3, 2019, the plaintiff moved to certify the class. The Department sought summary judgment on August 21, 2019. The court denied both motions on September 25, 2019. Regarding the class certification motion, the court held that the proposed class failed to meet the numerosity requirement, writing that “the Department’s policy change, when coupled with the replacement media players and credits available to affected inmates, will make some inmates winners and some losers. The record gives no information at all on the number in each category. A class cannot properly be certified unless there are enough losers to meet the numerosity requirement.” Regarding the Department’s motion for summary judgment, the court held that the motion ignored a critical part of the plaintiff’s claim, and contrary to the Department’s assertions, the plaintiff’s claims presented genuinely disputed material facts.

The plaintiff sought to amend the order denying class certification on October 25, 2019. On January 9, 2020, the court denied this motion, “based on evidence that, while the original class-certification motion was pending, [the plaintiff] prepared a fraudulent document for submission in a prison disciplinary proceeding,” deeming the plaintiff inadequate as a class representative. On January 21, 2020, the plaintiff again filed a motion to alter or amend the order denying class certification.

On March 2, 2020, the plaintiff filed a motion to amend the complaint. The proposed changes included addition of two new individual plaintiffs and new factual allegations. A day later, the Department moved for summary judgment. The court granted leave for plaintiff to amend the complaint on March 6, 2020. The Department filed a motion to dismiss the proposed changes to the complaint on March 20, 2020.

At a hearing on April 15, 2020, the parties announced that they had reached a settlement agreement, contingent upon certification of a class for settlement purposes and, in due course, the court’s approval of the settlement.

The court partly granted the plaintiffs’ motion to reconsider class certification on April 16, 2020. According to this order, a class was certified consisting of “all current Florida Department of Corrections prisoners whose digital media files were taken, or will be taken, pursuant to the Department’s termination of the MP3 program, and who purchased more than 75 songs through that program.” In addition, the court denied the Department’s motion to dismiss and motion for summary judgment on the same day. The court reasoned that “denial is based on mootness with this exception: the Department’s assertion that the plaintiffs lack standing and the court lacks jurisdiction is not moot but is denied on the merits.”

On May 14, 2020, the parties filed a joint motion for preliminary approval of the class action settlement. According to this motion, the Department “agreed to restore the ability of each member of the Class to listen to a certain, agreed upon number of songs that were previously purchased under the Digital Music Player Program through the issuance of Settlement Credits,” among other things. The agreement also required the Department to pay the plaintiffs $150,000 in attorneys’ fees and costs. The court issued an order preliminarily granting the proposed settlement on May 26, 2020.

On July 13, 2020, the parties filed a joint motion to amend the class definition, to include inmates who had purchased 100 songs, rather than 75. In addition, on July 14, 2020, the parties jointly filed a fully executed settlement agreement, which, among other things, removed an individual plaintiff as a class representative.

On July 27, 2020, the court approved the parties’ joint motion to amend the class definition.

Following a Final Fairness Hearing, on December 10, 2020, the court determined that despite roughly 690 objections, the Settlement Agreement was adequate, reasonable, and fair. The court reasoned that while 690 objections was a lot, with a class of over 11,000 prisoners, the vast majority of the class did not object. The court also reasoned that this settlement agreement would enable prisoners access to their music much sooner than they would if the case had gone to trial and an appeal. The court also approved the attorneys' fees in the amount of $150,000 stating that the fees were low for the work, quality, and time devoted to the case.

On April 4, 2021 the court directed the clerk to set a hearing to assess the status of efforts to implement the settlement following a small number of class members asserting they had not received the credits provided to them in the settlement agreement. On April 26, the court issued an order setting deadlines to address the claims. On January 24, 2022, the court denied relief on a majority of the pending requests for relief on assertions of noncompliance with the settlement agreement.

On June 26, 2022, the parties notified the court of the conclusion of the settlement distribution process. All subsequent requests for relief were denied as untimely. The docket has been silent since September 7, 2022, and the case is presumably closed.

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Summary Authors

Sara Stearns (4/5/2019)

Bogyung Lim (8/2/2020)

Nina Leeds (4/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14567166/parties/demler-v-inch/

Judge(s)

Hinkle, Robert Lewis (Florida)

Jones, Gary R. (Florida)

Attorney for Plaintiff

Glickman, Joshua Aaron (Florida)

Heller, Shawn Alex (Florida)

Attorney for Defendant

Olivella, Miguel A. Jr. (Florida)

Judge(s)

Hinkle, Robert Lewis (Florida)

Jones, Gary R. (Florida)

Attorney for Plaintiff

Glickman, Joshua Aaron (Florida)

Heller, Shawn Alex (Florida)

Taseff, Raymond (Florida)

Trevisani, Dante Pasquale (Florida)

Attorney for Defendant

Olivella, Miguel A. Jr. (Florida)

Patel, Anita J (Florida)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
4:19-cv-00094	Docket	July 30, 2020	July 30, 2020 Docket
1 4:19-cv-00094	Class Action Complaint for Injunctive and Declaratory Relief	Feb. 19, 2019	Feb. 19, 2019 Complaint
38 4:19-cv-00094	Order Denying the Motion to Dismiss	May 30, 2019	May 30, 2019 Order/Opinion
64 4:19-cv-00094	Order Denying Class Certification and Denying Summary Judgment	Sept. 25, 2019	Sept. 25, 2019 Order/Opinion
133 4:19-cv-00094	Plaintiff's Motion for Leave to File an Amendment to the Complaint and Proposed Amendment	March 2, 2020	March 2, 2020 Pleading / Motion / Brief
168-1 4:19-cv-00094	Exhibit 1 - Class Action Settlement Agreement	May 14, 2020	May 14, 2020 Settlement Agreement
170 4:19-cv-00094	Order Preliminarily Approving Settlement and Authorizing Notice to the Settlement Class	May 26, 2020	May 26, 2020 Order/Opinion
288 4:19-cv-00094	Order Amending the Class Definition, Requiring Notice, and Extending Deadlines	July 27, 2020	July 27, 2020 Order/Opinion
997 4:19-cv-00094	Order on the Approval of the Class Settlement	Oct. 10, 2020	Oct. 10, 2020 Order/Opinion
998 4:19-cv-00094	Final Approval Order	Dec. 10, 2020	Dec. 10, 2020 Order/Opinion

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14567166/demler-v-inch/

Last updated July 2, 2023, 3:07 a.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT for Injunctive and Declaratory Relief against MARK S INCH ( Filing fee $ 400 receipt number AFLNDC-4408342.), filed by William Demler. (TREVISANI, DANTE) (Entered: 02/19/2019)	Feb. 19, 2019	Feb. 19, 2019 Clearinghouse
2	NOTICE of Appearance by SHAWN ALEX HELLER on behalf of William Demler (HELLER, SHAWN) (Entered: 02/19/2019)	Feb. 19, 2019	Feb. 19, 2019 PACER
3	DOCKET ANNOTATION BY COURT: Attorney Glickman Re 1 Complaint- Counsel is 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". PLEASE RE-FILE THE CIVIL COVER SHEET. Further, for future case openings: Please review the procedure for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or Chapter 10 of the "CM/ECF Attorney User's Guide", (both available on the clerk's website). (blb) (Entered: 02/20/2019)	Feb. 19, 2019	Feb. 19, 2019 PACER
4	CIVIL COVER SHEET. (TREVISANI, DANTE) (Entered: 02/20/2019)	Feb. 20, 2019	Feb. 20, 2019 PACER
5	NOTICE of Filing Proposed Summons by WILLIAM DEMLER (TREVISANI, DANTE) (Entered: 02/20/2019)	Feb. 20, 2019	Feb. 20, 2019 PACER
6	Summons Issued as to MARK S INCH. (blb) (Entered: 02/21/2019)	Feb. 21, 2019	Feb. 21, 2019 PACER
7	ORDER DIRECTING CLERK TO REASSIGN MAGISTRATE JUDGE. Case reassigned to MAGISTRATE JUDGE GARY R JONES for all further proceedings. MAGISTRATE JUDGE CHARLES A STAMPELOS no longer assigned to case Signed by CHIEF JUDGE MARK E WALKER on 2/21/19. (blb) *For Future Filings Please Use New Judges Initials: 4:19cv94-MW/GRJ (Entered: 02/21/2019)	Feb. 21, 2019	Feb. 21, 2019 PACER
8	NOTICE of Appearance by RAY TASEFF on behalf of WILLIAM DEMLER (TASEFF, RAY) (Entered: 02/25/2019)	Feb. 25, 2019	Feb. 25, 2019 PACER
9	Construed as a Motion to Intervene per 10 ORDER DENYING MOTION TO INTERVENE MOTION TO JOIN AS PLAINTIFF TO CLASS ACTION COMPLAINT FOR INJUNCTIVE AND DECLARATORY RELIEF filed by EDWARD J BELLINGER (tss) Modified on 3/1/2019 (blb). (Entered: 02/26/2019)	Feb. 25, 2019	Feb. 25, 2019 RECAP
10	ORDER DENYING MOTION TO INTERVENE 9 . Signed by CHIEF JUDGE MARK E WALKER on 2/28/19. (blb) (Entered: 03/01/2019)	Feb. 28, 2019	Feb. 28, 2019 RECAP
11	SUMMONS Returned Executed by WILLIAM DEMLER. MARK S INCH served on 2/27/2019, answer due 3/20/2019. (TREVISANI, DANTE) (Entered: 03/12/2019)	March 12, 2019	March 12, 2019 PACER
12	NOTICE of Appearance by MIGUEL A OLIVELLA, JR on behalf of MARK S INCH (OLIVELLA, MIGUEL) (Entered: 03/15/2019)	March 15, 2019	March 15, 2019 PACER
13	MOTION to Extend Time by MARK S INCH. (OLIVELLA, MIGUEL) (Entered: 03/15/2019)	March 15, 2019	March 15, 2019 PACER
14	ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR AN EXTENSION TO RESPOND TO PLAINTIFF'S COMPLAINT. This Court has considered, without hearing, Defendant's unopposed motion for an extension of time to respond to Plaintiff's complaint. ECF No. 13 . The motion is GRANTED. Defendant shall respond to Plaintiff's complaint on or before 4/5/2019. Signed by CHIEF JUDGE MARK E WALKER on 3/17/19. (blb) (Entered: 03/18/2019)	March 17, 2019	March 17, 2019 PACER
15	ORDER OF REASSIGNMENT. Case reassigned to JUDGE ROBERT L HINKLE for all further proceedings. CHIEF JUDGE MARK E WALKER no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 3/27/19. (blb)**Please use the new judge's initials for all future filings: 4:19cv94-RH/GRJ (Entered: 03/27/2019)	March 27, 2019	March 27, 2019 PACER
16	MOTION for More Definite Statement and Incorporated Memorandum of Law by MARK S INCH. (Internal deadline for referral to judge if response not filed earlier: 4/19/2019). (Attachments: # 1 Exhibit A, # 2 Exhibit B) (OLIVELLA, MIGUEL) (Entered: 04/05/2019) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	April 5, 2019	April 5, 2019 PACER
17	DOCKET ANNOTATION BY COURT: ISO prepared and placed in RH Referral folder (blb) (Entered: 04/08/2019)	April 8, 2019	April 8, 2019 PACER
18	INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 4/23/2019. Rule 26 Meeting Report due by 5/23 /2019. Discovery due by 8/6/2019. Signed by JUDGE ROBERT L HINKLE on 4/9/19. (blb) (Entered: 04/09/2019)	April 9, 2019	April 9, 2019 PACER
19	UNOPPOSED MOTION for Extension of Time to File Response as to 16 MOTION for More Definite Statement and Incorporated Memorandum of Law by WILLIAM DEMLER. (GLICKMAN, JOSHUA) Modified on 4/18/2019 (blb). Edit Title (Entered: 04/17/2019)	April 17, 2019	April 17, 2019 RECAP
20	UNOPPOSED MOTION to Extend Time as to the Court's Deadline for the Conference of Parties by MARK S INCH. (OLIVELLA, MIGUEL) Modified on 4/18/2019 (blb). Edit Title (Entered: 04/17/2019)	April 17, 2019	April 17, 2019 PACER
21	ORDER EXTENDING THE DEADLINE TO RESPOND TO THE MOTION FOR A MORE DEFINITIVE STATEMENT. The defendant's unopposed motion, ECF No. 19, to extend the deadline to respond to the motion for more definitive statement is granted. The deadline is extended to 5/3/2019). Signed by JUDGE ROBERT L HINKLE on 4/19/19. (blb) (Entered: 04/19/2019)	April 19, 2019	April 19, 2019 RECAP
22	ORDER EXTENDING THE RULE 26(f) DEADLINES. The defendant's unopposed motion, ECF No. 20, to extend the Federal Rule of Civil Procedure 26(f) deadlines is granted. The deadline for the attorney conference is extended to 5/17/2019. The deadline for the Rule 26(f) report is extended to 5/31/2019. Signed by JUDGE ROBERT L HINKLE on 4/19/19. (blb) (Entered: 04/19/2019)	April 19, 2019	April 19, 2019 PACER
23	NOTICE TO JOIN filed by Jeffrey Ryder. (blb) Modified on 4/30/2019 (blb).Treated as a Motion To Intervene per Order (Entered: 04/25/2019)	April 25, 2019	April 25, 2019 PACER
24	ORDER DENYING MR. RYDER'S MOTION TO INTERVENE. Mr. Ryder's "notice" 23 is treated as a motion for leave to intervene as a named plaintiff. The motion is denied. Signed by JUDGE ROBERT L HINKLE on 4/29/19. (blb) (Entered: 04/30/2019)	April 29, 2019	April 29, 2019 PACER
25	ORDER DENYING THE MOTION FOR A MORE DEFINITE STATEMENT. The motion for a more definite statement, ECF No. 16, is denied. The defendant must file an answer by 5/20/2019. Signed by JUDGE ROBERT L HINKLE on 5/3/19. (blb) (Entered: 05/03/2019)	May 3, 2019	May 3, 2019 RECAP
26	NOTICE by WILLIAM DEMLER re 25 Order,, Set Deadlines, (Attachments: # 1 Exhibit A - Plaintiff's Response In Opposition to Defendant's Motion for More Definitive Statement) (GLICKMAN, JOSHUA) (Entered: 05/03/2019) 1 Exhibit A - Plaintiff's Response In Opposition to Defendant's Motion f View on PACER	May 3, 2019	May 3, 2019 PACER
27	OOPS--ORDER CORRECTING THE ORDER DENYING THE MOTION FOR A MORE DEFINITE STATEMENT. Signed by JUDGE ROBERT L HINKLE on 5/3/19. (sms) (Entered: 05/03/2019)	May 3, 2019	May 3, 2019 RECAP
28	ORDER FOR CROSS-SERVICE OF PAPERS IN RELATED CASES. Unless otherwise ordered, the clerk must provide notice of all filings in either of these cases to the attorneys of record in both cases and to Mr. Mendoza. Signed by JUDGE ROBERT L HINKLE on 5/5/2019. (blb) (Entered: 05/06/2019)	May 5, 2019	May 5, 2019 PACER
29	Consent MOTION for Extension of Time to File Motion for Class Certification by WILLIAM DEMLER. (TREVISANI, DANTE) (Entered: 05/17/2019)	May 17, 2019	May 17, 2019 PACER
30	ORDER EXTENDING THE DEADLINE TO MOVE FOR CLASS CERTIFICATION. The plaintiff's unopposed motion, ECF No. 29, to extend the deadline to move for class certification is granted. The deadline is extended to 6/3/2019. Signed by JUDGE ROBERT L HINKLE on 5/20/19. (blb) (Entered: 05/20/2019)	May 20, 2019	May 20, 2019 PACER
31	MOTION to Dismiss by MARK S INCH. (Internal deadline for referral to judge if response not filed earlier: 6/3/2019). (OLIVELLA, MIGUEL) (Entered: 05/20/2019)	May 20, 2019	May 20, 2019 PACER
32	MEMORANDUM in Support re 31 MOTION to Dismiss filed by MARK S INCH. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3) (OLIVELLA, MIGUEL) (Entered: 05/20/2019) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER	May 20, 2019	May 20, 2019 PACER
33	REPORT of Rule 26(f) Planning Meeting. (TREVISANI, DANTE) (Entered: 05/22/2019)	May 22, 2019	May 22, 2019 PACER
	Action Required by District Judge	May 22, 2019	May 22, 2019 PACER
	ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 22 Order. (blb) No Attorney Conference Report filed.	May 22, 2019	May 22, 2019 PACER
34	Consent MOTION for Extension of Time to File Response/Reply as to 32 Memorandum in Support of Motion, 31 MOTION to Dismiss by WILLIAM DEMLER. (GLICKMAN, JOSHUA) (Entered: 05/23/2019)	May 23, 2019	May 23, 2019 PACER
35	SCHEDULING AND MEDIATION ORDER. Re: 33 Report of Rule 26(f) Planning Meeting :( Discovery due by 11/8/2019., Dispositive Motions to be filed by 11/29/2019., Jury Trial set for 2/18/2020 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE., Mediation Report due by 12/6/2019.), Case referred to mediation.. Signed by JUDGE ROBERT L HINKLE on 5/24/19. (blb) (Entered: 05/24/2019)	May 24, 2019	May 24, 2019 PACER
36	NOTICE OF TELEPHONIC HEARING: Telephonic Summary Judgment Hearing set for 1/9/2020 11:00 AM before JUDGE ROBERT L HINKLE. Call in number: 888-684-8852Access code: 3243416#Security code: 0109# s/ Cindy MarkleyCourtroom Deputy Clerk (ckm) (Entered: 05/28/2019)	May 28, 2019	May 28, 2019 PACER
37	NOTICE OF INQUIRY filed by Stacy A. Scott Jr. (blb) (Entered: 05/29/2019)	May 28, 2019	May 28, 2019 PACER
38	ORDER DENYING THE MOTION TO DISMISS. The motion to dismiss, ECF No. 31, is denied. Signed by JUDGE ROBERT L HINKLE on 5/30/19. (blb) (Entered: 05/30/2019)	May 30, 2019	May 30, 2019 Clearinghouse
39	ORDER DENYING AS MOOT THE MOTION TO EXTEND THE DEADLINE TO RESPOND TO THE MOTION TO DISMISS. The plaintiff's motion, ECF No. 34, to extend the deadline to respond to the motion to dismiss is denied as moot. Signed by JUDGE ROBERT L HINKLE on 5/30/19. (blb) (Entered: 05/30/2019)	May 30, 2019	May 30, 2019 PACER
40	MOTION to Certify Class by WILLIAM DEMLER. (Internal deadline for referral to judge if response not filed earlier: 6/17/2019). (Attachments: # 1 Exhibit 1 - William Demler Declaration, # 2 Exhibit 2 - MP3/MP4 Program Notice of New Procedures, # 3 Exhibit 3 - MP3/MP4 Order Form, # 4 Exhibit 4 - Florida Inmates with MP3/MP4 Players, # 5 Exhibit 5 - Notice to Inmates re Multimedia Kiosk/Tablet Program, # 6 Exhibit 6 - Notice to Inmates re Digital Media Player Program, # 7 Exhibit 7 - Demler Grievance Response, # 8 Exhibit 8 - Ballard Grievance Response) (TREVISANI, DANTE) (Entered: 06/03/2019) 1 Exhibit 1 - William Demler Declaration View on RECAP 2 Exhibit 2 - MP3/MP4 Program Notice of New Procedures View on RECAP 3 Exhibit 3 - MP3/MP4 Order Form View on PACER 4 Exhibit 4 - Florida Inmates with MP3/MP4 Players View on PACER 5 Exhibit 5 - Notice to Inmates re Multimedia Kiosk/Tablet Program View on RECAP 6 Exhibit 6 - Notice to Inmates re Digital Media Player Program View on RECAP 7 Exhibit 7 - Demler Grievance Response View on RECAP 8 Exhibit 8 - Ballard Grievance Response View on RECAP	June 3, 2019	June 3, 2019 RECAP
41	NOTICE of Appearance by ANITA J PATEL on behalf of MARK S INCH (PATEL, ANITA) (Entered: 06/04/2019)	June 4, 2019	June 4, 2019 PACER
	ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 22 Order. Rule 26 Meeting Report not filed. (blb)	June 7, 2019	June 7, 2019 PACER
	Action Required by District Judge	June 7, 2019	June 7, 2019 PACER
42	ANSWER to 1 Complaint by MARK S INCH. (OLIVELLA, MIGUEL) (Entered: 06/13/2019)	June 13, 2019	June 13, 2019 PACER
43	RESPONSE in Opposition re 40 MOTION to Certify Class filed by MARK S INCH. (Attachments: # 1 Exhibit Declaration of John Bryant) (PATEL, ANITA) (Entered: 06/17/2019) 1 Exhibit Declaration of John Bryant View on PACER	June 17, 2019	June 17, 2019 PACER
44	Consent MOTION for Leave to File Reply to Response to Motion for Class Certification by WILLIAM DEMLER. (TREVISANI, DANTE) (Entered: 06/19/2019)	June 19, 2019	June 19, 2019 PACER
45	ORDER ALLOWING A REPLY MEMORANDUM ON CLASS CERTIFICATION. The plaintiff's unopposed motion, ECF No. 44, for leave to file a reply memorandum in support of the class certification motion is granted. The deadline is July 2, 2019. (Replies due by 7/2/2019.) Signed by JUDGE ROBERT L HINKLE on 06/20/2019. (rcb) Modified to add link for order on 7/2/2019 (rcb). (Entered: 06/21/2019)	June 20, 2019	June 20, 2019 PACER
46	MOTION for Leave to File Amended Response in Opposition to Motion for Class Certification by MARK S INCH. (Attachments: # 1 Exhibit 1) (PATEL, ANITA) (Entered: 06/21/2019) 1 Exhibit 1 View on PACER	June 21, 2019	June 21, 2019 PACER
47	AMENDED DOCUMENT by MARK S INCH. Amendment to 43 Response in Opposition to Motion for Class Certification. (PATEL, ANITA) (Entered: 06/21/2019)	June 21, 2019	June 21, 2019 PACER
48	NOTICE of Correction of Scrivener's Errors by MARK S INCH re 47 Amended Document, 46 MOTION for Leave to File Amended Response in Opposition to Motion for Class Certification (PATEL, ANITA) (Entered: 06/21/2019)	June 21, 2019	June 21, 2019 PACER
49	MOTION to Strike 40 MOTION to Certify Class Declaration of William Demler and Incorporated Memorandum of Law by MARK S INCH. (Internal deadline for referral to judge if response not filed earlier: 7/5/2019). (PATEL, ANITA) (Entered: 06/21/2019)	June 21, 2019	June 21, 2019 PACER
50	ORDER ALLOWING AN AMENDED RESPONSE TO THE CLASS-CERTIFICATION MOTION. The defendants unopposed motion, ECF No. 46, for leave to file an amended response to the plaintiffs class-certification motion is granted. The amended response, ECF No. 47, as corrected by the notice of scriveners errors, ECF No. 48, is deemed properly filed. The deadline for the plaintiff to file a reply memorandum remains July 2, 2019. (Plaintiff's Reply due by 7/2/2019.)Signed by JUDGE ROBERT L HINKLE on 06/24/2019. (rcb) (Entered: 06/24/2019)	June 24, 2019	June 24, 2019 PACER
51	ORDER ORDER DENYING THE MOTION TO STRIKE THE DEMLER DECLARATION. The Secretary's motion, ECF No. 49, to strike the Demler declaration is denied. Signed by JUDGE ROBERT L HINKLE on 7/1/19. (blb) (Entered: 07/01/2019)	July 1, 2019	July 1, 2019 PACER
52	REPLY to Response to Motion re 40 MOTION to Certify Class filed by WILLIAM DEMLER. (HELLER, SHAWN) (Entered: 07/02/2019)	July 2, 2019	July 2, 2019 PACER
53	NOTICE OF PENDING, RELATED OR SIMILAR ACTION by MARK S INCH (Attachments: # 1 Exhibit A - Rodriguez v. JPay, Inc., et al. - Second Amended Class Action Complaint) (OLIVELLA, MIGUEL) (Entered: 08/19/2019) 1 Exhibit A - Rodriguez v. JPay, Inc., et al. - Second Amended Class Action Compla View on PACER	Aug. 19, 2019	Aug. 19, 2019 PACER
54	MOTION for Summary Judgment by MARK S INCH. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 9/11/2019). (OLIVELLA, MIGUEL) (Entered: 08/21/2019)	Aug. 21, 2019	Aug. 21, 2019 PACER
55	MEMORANDUM in Support re 54 MOTION for Summary Judgment filed by MARK S INCH. (OLIVELLA, MIGUEL) (Entered: 08/21/2019)	Aug. 21, 2019	Aug. 21, 2019 PACER
56	NOTICE OF FILING EXHIBITS by MARK S INCH re 55 Memorandum in Support of Motion (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (OLIVELLA, MIGUEL) (Entered: 09/03/2019) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER	Sept. 3, 2019	Sept. 3, 2019 PACER
57	NOTICE OF SUPPLEMENTAL AUTHORITY by MARK S INCH (OLIVELLA, MIGUEL) (Entered: 09/03/2019)	Sept. 3, 2019	Sept. 3, 2019 PACER
58	MOTION to Defer Ruling, pursuant to Rule 56(d), on Defendant's Motion for Summary Judgment, or alternatively, for an Extension of Time to Respond by WILLIAM DEMLER. (Attachments: # 1 Exhibit 1 - Glickman Declaration, # 2 Exhibit 2 - Plaintiff's First Request for Production, # 3 Exhibit 3 - Plaintiff's First Interrogatories to FDOC, # 4 Exhibit 4 - Plaintiff's First Request for Admission) (TREVISANI, DANTE) (Entered: 09/09/2019) 1 Exhibit 1 - Glickman Declaration View on PACER 2 Exhibit 2 - Plaintiff's First Request for Production View on PACER 3 Exhibit 3 - Plaintiff's First Interrogatories to FDOC View on PACER 4 Exhibit 4 - Plaintiff's First Request for Admission View on PACER	Sept. 9, 2019	Sept. 9, 2019 PACER
59	CLASS MEMEBER GROVER W PEAVY NOTICE OF WITHDRAWING FROM CLASS ACTION (rcb) (Entered: 09/13/2019)	Sept. 12, 2019	Sept. 12, 2019 PACER
60	ORDER FOR CROSS-SERVICE OF PAPERS IN RELATED CASES AND FORREASSIGNMENT OF MAGISTRATE JUDGE. The clerk must reassign No. 4:19cv282 to Magistrate Judge Gary R. Jones. The initials included in the case number are changed as shown in the case style of this order. Unless otherwise ordered, the clerk must provide notice of all filings in any of these three cases to the attorneys of record and pro se parties in all the cases. Signed by JUDGE ROBERT L HINKLE on 09/12/2019. (rcb) (Entered: 09/13/2019)	Sept. 12, 2019	Sept. 12, 2019 PACER
	Set Motion and R&R Deadlines/Hearings	Sept. 13, 2019	Sept. 13, 2019 PACER
	Set/Reset Deadlines as to 58 MOTION to Defer Ruling, pursuant to Rule 56(d), on Defendant's Motion for Summary Judgment, or alternatively, for an Extension of Time to Respond . (Internal deadline for referral to judge if response not filed earlier: 9/27/2019). (rcb)	Sept. 13, 2019	Sept. 13, 2019 PACER
61	NOTICE OF SUPPLEMENTAL AUTHORITIES by MARK S INCH (Attachments: # 1 Exhibit 1) (OLIVELLA, MIGUEL) (Entered: 09/20/2019) 1 Exhibit 1 View on PACER	Sept. 20, 2019	Sept. 20, 2019 PACER
62	MOTION for Extension of Time to File Response/Reply as to 58 MOTION to Defer Ruling, pursuant to Rule 56(d), on Defendant's Motion for Summary Judgment, or alternatively, for an Extension of Time to Respond by MARK S INCH. (OLIVELLA, MIGUEL) (Entered: 09/23/2019)	Sept. 23, 2019	Sept. 23, 2019 PACER
63	Joint MOTION for Extension of Time to Complete Discovery by WILLIAM DEMLER. (TREVISANI, DANTE) (Entered: 09/23/2019)	Sept. 23, 2019	Sept. 23, 2019 PACER
64	ORDER DENYING CLASS CERTIFICATION AND DENYING SUMMARY JUDGMENT. The plaintiff's class-certification motion, ECF No. 40, is denied. The defendant's summary-judgment motion, ECF No. 54, is denied. The plaintiff's motion to defer a summary-judgment ruling or to extend the deadline to respond, ECF No. 58, is denied as moot. Signed by JUDGE ROBERT L HINKLE on 9/25/19. (blb) (Entered: 09/25/2019)	Sept. 25, 2019	Sept. 25, 2019 Clearinghouse
65	Letter from GROVER W PEAVY requesting attorney address. (blb) Address for Attorney Glickman mailed to Mr. Peavy (Entered: 09/26/2019)	Sept. 25, 2019	Sept. 25, 2019 RECAP
66	ORDER AMENDING THE SCHEDULE. The defendant's motion, ECF No. 62, to defer a ruling on the summary-judgment motion is denied as moot. The joint motion to extend the discovery deadline and continue the trial, ECF No. 63, is granted. The discovery deadline is extended to 2/7/2020. This automatically changes the summary-judgment and mediation deadlines, which are tied to the discovery deadline. The trial is rescheduled for the two-week trial period that begins on May 4, 2020. Signed by JUDGE ROBERT L HINKLE on 9/27/19. (blb) (Entered: 09/27/2019)	Sept. 27, 2019	Sept. 27, 2019 RECAP
	Set/Reset Hearings	Sept. 27, 2019	Sept. 27, 2019 PACER
	Set/Reset Hearings: Jury Trial set for 5/4/2020 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. (blb)	Sept. 27, 2019	Sept. 27, 2019 PACER
67	ORDER FOR CROSS-SERVICE OF PAPERS IN RELATED CASES AND FOR REASSIGNMENT OF MAGISTRATE JUDGE. The clerk must reassign No. 4:19cv234 to Magistrate Judge Gary R. Jones. The initials included in the case number are changed as shown in the case style of this order. Unless otherwise ordered, the clerk must provide notice of all filings in any of these four cases to the attorneys of record and pro se parties in all the cases. Signed by JUDGE ROBERT L HINKLE on 10/1/19. (blb) (Entered: 10/02/2019)	Oct. 1, 2019	Oct. 1, 2019 RECAP
68	MOTION for Joinder filed by Ryan Clarke. (blb) (Entered: 10/17/2019)	Oct. 16, 2019	Oct. 16, 2019 RECAP
69	MOTION to Compel Answer to Interrogatory by MARK S INCH. (Attachments: # 1 Exhibit, # 2 Exhibit) (OLIVELLA, MIGUEL) (Entered: 10/25/2019) 1 Exhibit View on PACER 2 Exhibit View on PACER	Oct. 25, 2019	Oct. 25, 2019 PACER
70	ORDER DENYING 68 THE MOTION TO BE INCLUDED IN THE CLASS. Mr. Clark's motion, ECF No. 68, to be included in the plaintiff class is denied. Signed by JUDGE ROBERT L HINKLE on 10/25/2019. (rcb) (Entered: 10/25/2019)	Oct. 25, 2019	Oct. 25, 2019 PACER
71	MOTION to Alter or Amend Order Denying Class Certification by WILLIAM DEMLER. (Attachments: # 1 Exhibit 1 - Spreadsheet of Music Purchased Under the Digital Media Player Program, # 2 Exhibit 2 - Contract Between Florida Department of Corrections and JPay, Inc.) (TREVISANI, DANTE) (Entered: 10/25/2019) 1 Exhibit 1 - Spreadsheet of Music Purchased Under the Digital Media Player Progra View on PACER 2 Exhibit 2 - Contract Between Florida Department of Corrections and JPay, Inc. View on PACER	Oct. 25, 2019	Oct. 25, 2019 PACER
72	NOTICE OF TELEPHONIC HEARING on 69 Motion to Compel: Telephonic Motion Hearing set for 11/5/2019 11:00 AM before JUDGE ROBERT L HINKLE. Call in number: 888-684-8852Access code: 3243416#Security code: 1105# s/ Cindy MarkleyCourtroom Deputy Clerk (ckm) (Entered: 10/29/2019)	Oct. 29, 2019	Oct. 29, 2019 PACER
73	RESPONSE in Opposition re 69 MOTION to Compel Answer to Interrogatory filed by WILLIAM DEMLER. (TREVISANI, DANTE) (Entered: 11/04/2019)	Nov. 4, 2019	Nov. 4, 2019 PACER
74	Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Telephonic Motion Hearing held on 11/5/2019 re 69 Motion to Compel Answer to Interrogatory. Ruling by Court: Motion is GRANTED. An order is forthcoming. (Court Reporter Megan Hague) (ckm) (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019 PACER
75	ORDER COMPELLING DISCOVERY. The defendant's motion to compel, ECF No. 69, is granted. By November 19, 2019, the plaintiff must serve a complete answer to interrogatory 2. The plaintiff must pay the defendant $600 as attorney's fees. Signed by JUDGE ROBERT L HINKLE on 11/5/19. (blb) (Entered: 11/05/2019)	Nov. 5, 2019	Nov. 5, 2019 PACER
76	RESPONSE in Opposition re 71 MOTION to Alter or Amend Order Denying Class Certification filed by MARK S INCH. (PATEL, ANITA) (Entered: 11/08/2019)	Nov. 8, 2019	Nov. 8, 2019 PACER
77	Consent MOTION for Leave to File Reply to Response to Motion to Alter or Amend Order on Class Certification by WILLIAM DEMLER. (TREVISANI, DANTE) (Entered: 11/15/2019)	Nov. 15, 2019	Nov. 15, 2019 PACER
78	Consent MOTION to Extend Time to Serve Amended Response to Interrogatory Number 2 by WILLIAM DEMLER. (TREVISANI, DANTE) (Entered: 11/18/2019)	Nov. 18, 2019	Nov. 18, 2019 PACER
79	ORDER ALLOWING A REPLY MEMORANDUM ON CLASS CERTIFICATION.The plaintiff's unopposed motion, ECF No. 77, for leave to file a reply memorandum in support of its motion to alter or amend the order on class certification is granted. The plaintiff may file a reply memorandum by 11/25/2019. Signed by JUDGE ROBERT L HINKLE on 11/18/19. (blb) (Entered: 11/18/2019)	Nov. 18, 2019	Nov. 18, 2019 PACER
80	ORDER EXTENDING THE DEADLINE TO ANSWER INTERROGATORY 2.The plaintiff's unopposed motion, ECF No. 78, to extend the deadline to answer interrogatory number 2, as required by the November 5, 2019 order, is granted. The deadline is extended to 11/26/2019. Signed by JUDGE ROBERT L HINKLE on 11/19/19. (blb) (Entered: 11/20/2019)	Nov. 19, 2019	Nov. 19, 2019 PACER
81	Consent MOTION for Extension of Time to File Response/Reply as to 79 Order,, Set Deadlines, by WILLIAM DEMLER. (HELLER, SHAWN) (Entered: 11/21/2019)	Nov. 21, 2019	Nov. 21, 2019 PACER
82	ORDER EXTENDING THE DEADLNE FOR A REPLY MEMORANDUM ON CLASS CERTIFICATION. The plaintiff's unopposed motion, ECF No. 81, to extend the deadline for a reply memorandum in support of its motion to alter or amend the order on class certification is granted. The deadline is extended to 12/2/2019. Signed by JUDGE ROBERT L HINKLE on 11/22/2019. (blb) (Entered: 11/22/2019)	Nov. 22, 2019	Nov. 22, 2019 PACER
83	Second MOTION to Extend Time to Serve Amended Response to Interrogatory Number 2 (Unopposed) by WILLIAM DEMLER. (TREVISANI, DANTE) (Entered: 11/26/2019)	Nov. 26, 2019	Nov. 26, 2019 PACER
84	MOTION to Stay Depositions and Motion for Protective Order by MARK S INCH. (OLIVELLA, MIGUEL) (Entered: 11/27/2019)	Nov. 27, 2019	Nov. 27, 2019 PACER
85	ORDER denying 84 motion to stay and for a protective order. Signed by JUDGE ROBERT L HINKLE on 12/2/19. (RH) (Entered: 12/02/2019)	Dec. 2, 2019	Dec. 2, 2019 RECAP
86	REPLY to Response to Motion re 71 MOTION to Alter or Amend Order Denying Class Certification filed by WILLIAM DEMLER. (HELLER, SHAWN) (Entered: 12/02/2019)	Dec. 2, 2019	Dec. 2, 2019 RECAP
87	SECOND ORDER EXTENDING THE DEADLINE TO ANSWER INTERROGATORY 2. The plaintiff's unopposed motion, ECF No. 83, to extend the deadline to answer interrogatory number 2, as required by the November 5, 2019 order, is granted. The deadline is extended to 12/6/2019. Signed by JUDGE ROBERT L HINKLE on 12/2/19. (blb) (Entered: 12/03/2019)	Dec. 2, 2019	Dec. 2, 2019 PACER
88	MOTION for Leave to File Surreply as to 86 Plaintiff's Reply to Response to Motion to Alter or Amend Order Denying Class Certification by MARK S INCH. (OLIVELLA, MIGUEL) (Entered: 12/03/2019)	Dec. 3, 2019	Dec. 3, 2019 PACER
89	NOTICE OF SUPPLEMENTAL AUTHORITIES by MARK S INCH re 76 Response in Opposition to Motion (Attachments: # 1 Exhibit Composite 1) (PATEL, ANITA) (Entered: 12/04/2019) 1 Exhibit Composite 1 View on PACER	Dec. 4, 2019	Dec. 4, 2019 PACER
90	RESPONSE in Opposition re 88 MOTION for Leave to File Surreply as to 86 Plaintiff's Reply to Response to Motion to Alter or Amend Order Denying Class Certification filed by WILLIAM DEMLER. (TREVISANI, DANTE) (Entered: 12/04/2019)	Dec. 4, 2019	Dec. 4, 2019 PACER
91	RESPONSE by WILLIAM DEMLER re 89 Notice (Other) of Supplemental Authority. (TREVISANI, DANTE) (Entered: 12/05/2019)	Dec. 5, 2019	Dec. 5, 2019 PACER
92	MOTION for Protective Order to Preserve Evidence by MARK S INCH. (Attachments: # 1 Exhibit 1: Olivella Letter, # 2 Exhibit 2: Trevisani Email, # 3 Exhibit 3: User Guide) (OLIVELLA, MIGUEL) Modified to add Description of Exhibits on 12/9/2019 (blb). (Entered: 12/06/2019) 1 Olivella Letter View on PACER 2 Trevisani Email View on PACER 3 User Guide View on PACER	Dec. 6, 2019	Dec. 6, 2019 PACER

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Case Details

State / Territory: Florida

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Feb. 19, 2019

Closing Date: Sept. 7, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All current Florida Department of Corrections prisoners whose digital media files were taken, or will be taken, pursuant to the Department’s termination of the MP3 program, and who purchased more than 100 songs through that program

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 Department of Corrections, State

Defendant Type(s):

Corrections