Case: G.H. v. Marstiller

4:19-cv-00431 | U.S. District Court for the Northern District of Florida

Filed Date: Sept. 4, 2019

Closed Date: Sept. 8, 2022

Clearinghouse coding complete

Case Summary

On September 4, 2019, three minors—through their legal guardians—filed a complaint against the Florida Department of Juvenile Justice (DJJ) in the U.S. District Court for the Northern District of Florida. The plaintiffs, represented by lawyers from the Southern Poverty Law Center, Florida Justice Institute, and Florida Legal Services, sought class action certification to represent several thousand juveniles (and several hundred in a subclass of juveniles with disabilities) who were or would be …

The plaintiffs alleged that the DJJ had a policy and practice of subjecting children to solitary confinement, often repeatedly and without any time limit. The plaintiffs cited scientific material discussing the side effects of isolation: trauma, depression, anxiety, an increased risk of suicide and self-harm, and permanent interference with development. The plaintiffs also alleged that the DJJ did not conduct mental health exams before they placed children in solitary confinement, or give sufficient mental health care to the children while they were in solitary. The plaintiffs brought claims of Eighth and Fourteenth Amendment violations under 42 U.S.C. § 1983 and claims under the Americans with Disabilities Act and Section 504 of the Rehabilitation Act. The plaintiffs sought declaratory and injunctive relief requiring the defendants to cease the statewide policy and practice of using solitary confinement in secure detention centers.

On October 28, 2019, the defendants moved to dismiss the case for failure to state a claim and moved, in the alternative, for a more definite statement by the plaintiffs. According to the defendants, the plaintiffs' complaint alleged entitlement to much more than the law required and failed to provide sufficient facts regarding the policy or actual injury from it.

The court denied the motion to dismiss or for a more definite statement on December 6, 2019, finding that the plaintiffs sufficiently alleged actionable complaints regarding the quality of prison conditions and the DJJ officials' awareness of the conditions. 424 F. Supp. 3d 1109.

The court referred this case to mediation on December 17, 2019. Extensive discovery followed.

On March 11, 2021, Judge Walker recused himself from the case because he had a connection with a witness. The case was then reassigned to Judge Robert L. Hinkle. The plaintiffs moved for class certification on April 30, 2021. In their motion, the plaintiffs sought certification of 1) a class of: children who are, or will be, in custody in a DJJ-operated secure detention center and subject to solitary confinement; and 2) a subclass of: all qualified children with disabilities, who are, or will be, in custody in a DJJ-operated secure detention center and subject to solitary confinement.

On July 24, 2021, the court dismissed the claims of one of the named plaintiffs, who did not seem to be participating in the case anymore. However, this plaintiff still retained her rights as a class member if class certification occurred.

The court certified both the class and subclass on October 22, 2021, finding that the plaintiffs satisfied both 1) Rule 23(a)’s requirements of numerosity, commonality, typicality, and adequacy of representation; and 2) Rule 23(b)’s requirement that the party opposing the class acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief was appropriate respecting the class as a whole. The defendants opposed certification and argued that the plaintiffs had failed to demonstrate that a class action, rather than an individual action, was necessary. The court rejected this argument, holding that Rule 23 did not require necessity and that, even if it did, necessity would be satisfied in this case. 339 F.R.D. 584, 591.

After the defendants moved for summary judgment on May 16, 2022, the court issued an order denying the motion and decertifying the class on September 2, 2022. The court found that the defendants' solitary confinement policies for children were constitutional because the policies included restrictions on the circumstances in which children could be placed in solitary, how children were treated and monitored while they were in solitary, and how long they were allowed to remain in solitary. However, the court also found that there was evidence the defendants sometimes violated their own policies, such as by using successive placements to keep children in solitary for longer than the policies allowed, or by placing children in cells of substandard conditions. The court held that because of the disputed evidence about the defendants’ failure to adhere to their own policies, they were not entitled to summary judgment on the plaintiffs' constitutional claims. The court also denied summary judgment as to the ADA and Rehabilitation Act claims on similar grounds, holding that the defendants' policies did not violate these statutes but their treatment of individual children may have.

However, because any potential constitutional or statutory violations would be based on the defendants' specific acts rather than their policies, the court decertified the class and subclass. Discovery thus far had demonstrated that the conditions of solitary confinement varied substantially for each child. The differences included: time kept in solitary confinement, whether the child was checked on, whether the room where the child was kept was dirty, permission to leave the solitary confinement room to visit communal spaces, and provision of educational materials while in solitary confinement. The court found that this level of variation between class members meant that the class lacked commonality, which is one of the requirements specified in Rule 23.

On September 7, 2022, the parties jointly stipulated that the case should be dismissed with prejudice. The court dismissed the case the following day.

Summary Authors

Richa Bijlani (10/28/2019)

Ellen Aldin (5/25/2020)

Nina Gerdes (4/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16155451/parties/gh-v-department-of-juvenile-justice/

Judge(s)

Attorney for Plaintiff

Agarwal, Shalini Goel (Florida)

Costello, Andrea Hope (Florida)

Attorney for Defendant

Aranda, Robert J. (Florida)

Campbell, Henry B. (Florida)

Davis, Barbara William (Florida)

Judge(s)

Hinkle, Robert Lewis (Florida)

Walker, Mark Eaton (Florida)

Attorney for Plaintiff

Agarwal, Shalini Goel (Florida)

Costello, Andrea Hope (Florida)

DOUGLAS, EMMA LEE (Florida)

Ferro, Laura Anne (Florida)

Graybill, Lisa S. (Louisiana)

Jones, Christopher Michael (Florida)

JONES, LESLIE FAITH (Florida)

JR, MARCEL ANDREW (Florida)

KLONEL, REBECCA RENEE (Florida)

Knapp, Kelly Jean (Florida)

Laurenceau, Leonard J. (Florida)

LIGHT, ASHLEY NICOLE (Florida)

Lilavois, Marcel Andrew Jr. (Florida)

Lim, Aimee Cristen (Florida)

ORTIZ, RACHEL MALKOWSKI (Florida)

Painter, Jennifer Morrissey (Florida)

Thypin-Bermeo, Sam N. (Florida)

Trevisani, Dante Pasquale (Florida)

WALLIS, KARA SHELI (Florida)

Attorney for Defendant

Aranda, Robert J. (Florida)

Campbell, Henry B. (Florida)

Davis, Barbara William (Florida)

Mitchell, Elliott Van (Florida)

Tamayo, John Marc (Florida)

Trohn, Jonathan Barnet (Florida)

Vasquez, Jennifer Megan (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

4:19-cv-00431	Docket [PACER] GH v. Marstiller	May 28, 2020	May 28, 2020 Docket
2 4:19-cv-00431	Class Action Complaint GH v. Marstiller	Sept. 5, 2019	Sept. 5, 2019 Complaint
13 4:19-cv-00431	Defendants' Motion to Dismiss Plaintiffs' Class Action Complaint and, Alternatively, Motion for More Definite Statement	Oct. 28, 2019	Oct. 28, 2019 Pleading / Motion / Brief
22 4:19-cv-00431	Order Denying Defendants' Motion to Dismiss, and Alternatively, Motion for a More Definite Statement	Dec. 6, 2019	Dec. 6, 2019 Order/Opinion 424 F.Supp.3d 1109
157 4:19-cv-00431	Order Certifying a Class and Subclass G.H. v. Tamayo	Oct. 22, 2021	Oct. 22, 2021 Order/Opinion 339 F.R.D. 584
169 4:19-cv-00431	Order Confirming the Order Compelling Discovery G.H. v. Department of Juvenile Justice	Nov. 18, 2021	Nov. 18, 2021 Order/Opinion
286 4:19-cv-00431	Order Denying Summary Judgment and Decertifying the Class and Subclass G.H. v. Department of Juvenile Justice	Sept. 2, 2022	Sept. 2, 2022 Order/Opinion

show / hide documents

Resources

Resources related to this case
Title	Description		External URL Date / External URL
G.H., et al. V. Tamayo, et al. Southern Poverty Law Center	The Florida Department of Juvenile Justice (DJJ) places hundreds of children in solitary confinement on any given day. The SPLC, Florida Legal Services and the Florida Justice Institute filed a feder…	Oct. 22, 2021	Oct. 22, 2021 https://www.splcenter.org/...
G.H. v. Marstiller Florida Justice Institute	The Florida Department of Juvenile Justice (DJJ) places hundreds of children in solitary confinement on any given day. The FJI, Southern Poverty Law Center, and Florida Legal Services filed a federal…	Dec. 12, 2020	Dec. 12, 2020 https://web.archive.org/...

show / hide resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16155451/gh-v-department-of-juvenile-justice/

Last updated June 21, 2026, 4:45 a.m.

Docket for: GH v. DEPARTMENT OF JUVENILE JUSTICE

ECF Number	Date	Description	Link
1	Sept. 4, 2019	CIVIL COVER SHEET. (COSTELLO, ANDREA) (Entered: 09/04/2019)	RECAP
2	Sept. 5, 2019	COMPLAINT against All Defendants ( Filing fee $ 400 receipt number AFLNDC-4610560.), filed by GH, BW, RL. (Attachments: # 1 SUMMONS FOR SIMONE MARSTILLER, # 2 SUMMONS FOR DEPARTMENT OF JUVENILE JUSTICE) (COSTELLO, ANDREA) (Entered: 09/05/2019) 1 SUMMONS FOR SIMONE MARSTILLER View on PACER 2 SUMMONS FOR DEPARTMENT OF JUVENILE JUSTICE View on PACER	RECAP
3	Sept. 5, 2019	NOTICE Regarding Electronic Filing and Attorney Admissions Requirements mailed to LEONARD J LAURENCEAU. (blb) (Entered: 09/05/2019)	RECAP
4	Sept. 5, 2019	First MOTION to Appear Pro Hac Vice by Lisa Graybill.( Filing fee $ 201 receipt number AFLNDC-4611170.) by BW, GH, RL. (Attachments: # 1 Certificate of Good Standing) (GRAYBILL, LISA) (Entered: 09/05/2019) 1 Certificate of Good Standing View on PACER	RECAP
5	Sept. 5, 2019	ORDER ADMITTING LISA GRAYBILL PRO HAC VICE. This Court has considered, without hearing, the Motion for Leave to Appear Pro Hac Vice of Lisa Graybill. ECF No. 4 . The motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 9/5/19. (blb) (Entered: 09/05/2019)	RECAP
	Sept. 5, 2019	Set Deadlines: Attorney LAURENCEAU Admissions due by 9/19/2019. (blb)
	Sept. 5, 2019	Set Deadlines/Hearings Status Report due by 10/5/2019. (blb)
6	Sept. 13, 2019	Summons Issued as to DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Fl Dept of Juv. Justice Summons) (toy) (Entered: 09/13/2019) 1 Fl Dept of Juv. Justice Summons View on PACER	RECAP
7	Sept. 17, 2019	NOTICE of Appearance by DANTE PASQUALE TREVISANI on behalf of BW, GH, RL (TREVISANI, DANTE) (Entered: 09/17/2019)	RECAP
8	Sept. 17, 2019	AFFIDAVIT of Service for Complaint and Summons served on Florida Department of Juvenile Justice on 9/13/19, filed by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 09/17/2019)	RECAP
9	Sept. 17, 2019	AFFIDAVIT of Service for Summons and Complaint served on Defendant Simone Marstiller on 9/16/19, filed by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 09/17/2019)	RECAP
	Sept. 18, 2019	Set Deadlines/Hearings DEPARTMENT OF JUVENILE JUSTICE answer due 10/7/2019; SIMONE MARSTILLER answer due 10/7/2019. (blb)
10	Oct. 2, 2019	MOTION for Extension of Time to File Response/Reply as to 2 Complaint by DEPARTMENT OF JUVENILE JUSTICE. (TROHN, JONATHAN) (Entered: 10/02/2019)	RECAP
11	Oct. 3, 2019	ORDER GRANTING EXTENSION OF TIME TO RESPOND TO COMPLAINT. This Court has considered, without hearing, Defendants' Unopposed Motion for Extension of Time to File a Motion to Dismiss. ECF No. 10 . The motion is GRANTED. Defendants shall file their responsive pleading to the complaint on or before 10/28/2019). Signed by CHIEF JUDGE MARK E WALKER on 10/3/19. (blb) (Entered: 10/03/2019)	RECAP
	Oct. 10, 2019	Set/Reset Deadlines: Status Report due by 11/12/2019. (blb)
12	Oct. 23, 2019	INITIAL SCHEDULING ORDER : Rule 26 Meeting Report due by 12/6/2019. Discovery due by 2/20/2020. Status Report due by 11/25/2019. Signed by CHIEF JUDGE MARK E WALKER on 10/23/19. (blb) (Entered: 10/23/2019)	RECAP
13	Oct. 28, 2019	MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, MOTION for More Definite Statement ( (Internal deadline for referral to judge if response not filed earlier: 11/12/2019).) by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (TROHN, JONATHAN) (Entered: 10/28/2019)	RECAP
14	Oct. 30, 2019	MOTION to Extend Timeto File Motion for Class Certification by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 10/30/2019)	RECAP
15	Oct. 31, 2019	ORDER GRANTING EXTENSION OF TIME TO RESPOND TO COMPLAINT. This Court has considered, without hearing, Plaintiffs' Motion to Extend the Deadline for Filing a Motion for Class Certification. ECF No. 14 . The unopposed motion is GRANTED. Plaintiffs may file their motion for class certification on or before 6/5/2020. Signed by CHIEF JUDGE MARK E WALKER on 10/31/19. (blb) (Entered: 10/31/2019)	RECAP
16	Nov. 4, 2019	MOTION for Extension of Time to File Response/Reply as to 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 11/04/2019)	RECAP
17	Nov. 5, 2019	ORDER GRANTING EXTENSION OF TIME TO RESPOND TO MOTION TO DISMISS. This Court has considered, without hearing, Plaintiffs Unopposed Motion for One Week Extension to Respond to Defendants Motion to Dismiss Plaintiffs Class Action Complaint. ECF No. 16 . The motion is GRANTED. Plaintiffs may respond to Defendants motion to dismiss on or before 11/18/2019). Signed by CHIEF JUDGE MARK E WALKER on 11/5/19. (blb) (Entered: 11/05/2019)	RECAP
18	Nov. 18, 2019	MEMORANDUM in Opposition re 13 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement filed by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 11/18/2019)	RECAP
19	Nov. 20, 2019	NOTICE of Appearance by SAM N THYPIN-BERMEO on behalf of All Plaintiffs (THYPIN-BERMEO, SAM) (Entered: 11/20/2019)	RECAP
20	Nov. 21, 2019	STATUS REPORT by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 11/21/2019)	RECAP
	Nov. 22, 2019	Set/Reset Deadlines: Status Report due by 12/22/2019. (blb)
21	Dec. 2, 2019	REPORT of Rule 26(f) Planning Meeting. (Attachments: # 1 Appendix Proposed Schedule of Pretrial and Trial Dates) (COSTELLO, ANDREA) (Entered: 12/02/2019) 1 Appendix Proposed Schedule of Pretrial and Trial Dates View on PACER	RECAP
22	Dec. 6, 2019	ORDER DENYING DEFENDANTS MOTION TO DISMISS, AND ALTERNATIVELY, MOTION FOR A MORE DEFINITE STATEMENT. Defendants have not convinced this Court that dismissal or a more definite statement is warranted. Therefore, Defendants motion, ECF No. 13, is DENIED. Signed by CHIEF JUDGE MARK E WALKER on 12/6/19. (blb) (Entered: 12/06/2019)	RECAP
23	Dec. 17, 2019	SCHEDULING AND MEDIATION ORDER : Discovery due by 2/15/2021, Dispositive Motions to be filed by 3/30/2021, Mediation Report due by 4/1/2021, Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 12/17/19. (blb) (Entered: 12/18/2019)	RECAP
24	Dec. 20, 2019	Defendants' ANSWER to 2 Complaint by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Exhibit A) (TROHN, JONATHAN) (Entered: 12/20/2019) 1 Exhibit A View on PACER	RECAP
25	Dec. 20, 2019	STATUS REPORT on Discovery by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 12/20/2019)	RECAP
	Dec. 23, 2019	Set/Reset Deadlines: Status Report due by 1/23/2020. (blb)
26	Jan. 3, 2020	MOTION for Protective Order (Opposed) for Entry of Proposed Qualified HIPAA Protective Order by BW, GH, RL. (Attachments: # 1 Exhibit Proposed HIPAA Qualified Protective Order, # 2 Exhibit Harvard v. Inch - HIPAA Qualified Protective Order, # 3 Exhibit H.C. v. Bradshaw - HIPAA Qualified Protective Order) (COSTELLO, ANDREA) (Entered: 01/03/2020) 1 Exhibit Proposed HIPAA Qualified Protective Order View on PACER 2 Exhibit Harvard v. Inch - HIPAA Qualified Protective Order View on PACER 3 Exhibit H.C. v. Bradshaw - HIPAA Qualified Protective Order View on PACER	RECAP
27	Jan. 3, 2020	ORDER DIRECTING EXPEDITED RESPONSE. Plaintiffs have filed their Opposed Motion for Entry of Qualified HIPAA Protective Order. ECF No. 26 . Defendants must file a response to the motion not later than Friday, 1/10/2020. See N. D. Fla. Loc. R. 7.1(E). Signed by CHIEF JUDGE MARK E WALKER on 1/3/20. (blb) (Entered: 01/03/2020)	RECAP
28	Jan. 8, 2020	RESPONSE to Motion re 26 MOTION for Protective Order (Opposed) for Entry of Proposed Qualified HIPAA Protective Order filed by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (TROHN, JONATHAN) (Entered: 01/08/2020)	RECAP
29	Jan. 9, 2020	HIPAA QUALIFIED PROTECTIVE ORDER. Plaintiffs' motion for entry of HIPAA Qualified Protective Order, ECF No. 26, is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 1/9/20. (blb) (Entered: 01/09/2020)	RECAP
30	Jan. 15, 2020	NOTICE of Appearance by AIMEE CRISTEN LIM on behalf of All Plaintiffs (LIM, AIMEE) (Entered: 01/15/2020)	RECAP
31	Jan. 23, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 01/23/2020)	RECAP
	Jan. 24, 2020	Set/Reset Deadlines: Status Report due by 2/24/2020. (blb)
32	Feb. 21, 2020	NOTICE of Appearance by MARCEL ANDREW LILAVOIS, JR on behalf of All Plaintiffs (LILAVOIS, MARCEL) (Entered: 02/21/2020)	RECAP
33	Feb. 24, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 02/24/2020)	RECAP
	Feb. 25, 2020	Set/Reset Deadlines: Status Report due by 3/25/2020. (blb)
34	Feb. 28, 2020	NOTICE of Appearance by JENNIFER MEGAN VASQUEZ on behalf of All Defendants (VASQUEZ, JENNIFER) (Entered: 02/28/2020)	RECAP
35	March 2, 2020	Joint MOTION Entry of Proposed Confidentiality Order by BW, GH, RL. (Attachments: # 1 Exhibit Proposed Confidentiality Order) (COSTELLO, ANDREA) (Entered: 03/02/2020) 1 Exhibit Proposed Confidentiality Order View on RECAP	RECAP
36	March 3, 2020	CONFIDENTIALITY ORDER. This Court has considered, without hearing, the parties' Joint Motion for Entry of Confidentiality Order. ECF No. 35 . For the reasons provided in the motion, this Court finds good cause under Federal Rule of Civil Procedure 26(c). The motion is, therefore, GRANTED.Signed by CHIEF JUDGE MARK E WALKER on 3/3/20. (blb) (Entered: 03/04/2020)	RECAP
37	March 5, 2020	MOTION to Quash Non-Party Subpoenas and for a Protective order with Incorporated Memorandum of Law by BW, GH, RL. (Attachments: # 1 Exhibit Subpoena re G.H., # 2 Exhibit Subpoena re G.H., # 3 Exhibit Subpoena re G.H., # 4 Exhibit Subpoena re G.H., # 5 Exhibit Subpoena re G.H., # 6 Exhibit Subpoena re G.H., # 7 Exhibit Subpoena re R.L., # 8 Exhibit Subpoena re R.L., # 9 Exhibit Subpoena re R.L., # 10 Exhibit Subpoena re R.L., # 11 Exhibit Subpoena re R.L., # 12 Exhibit Subpoena re R.L., # 13 Exhibit Subpoena re R.L., # 14 Exhibit Subpoena re R.L., # 15 Exhibit Subpoena re R.L., # 16 Exhibit Subpoena re R.L., # 17 Exhibit Subpoena re R.L., # 18 Exhibit Subpoena re R.L., # 19 Exhibit Subpoena re R.L., # 20 Exhibit Subpoena re R.L., # 21 Exhibit Subpoena re B.W., # 22 Exhibit Subpoena re B.W., # 23 Exhibit Subpoena re B.W., # 24 Exhibit Subpoena re B.W., # 25 Exhibit Subpoena re B.W., # 26 Exhibit Subpoena re B.W., # 27 Exhibit Subpoena re B.W., # 28 Exhibit Subpoena re B.W.) (COSTELLO, ANDREA) (Entered: 03/05/2020) 1 Exhibit Subpoena re G.H. View on PACER 2 Exhibit Subpoena re G.H. View on PACER 3 Exhibit Subpoena re G.H. View on PACER 4 Exhibit Subpoena re G.H. View on PACER 5 Exhibit Subpoena re G.H. View on PACER 6 Exhibit Subpoena re G.H. View on PACER 7 Exhibit Subpoena re R.L. View on PACER 8 Exhibit Subpoena re R.L. View on PACER 9 Exhibit Subpoena re R.L. View on PACER 10 Exhibit Subpoena re R.L. View on PACER 11 Exhibit Subpoena re R.L. View on PACER 12 Exhibit Subpoena re R.L. View on PACER 13 Exhibit Subpoena re R.L. View on PACER 14 Exhibit Subpoena re R.L. View on PACER 15 Exhibit Subpoena re R.L. View on PACER 16 Exhibit Subpoena re R.L. View on PACER 17 Exhibit Subpoena re R.L. View on PACER 18 Exhibit Subpoena re R.L. View on PACER 19 Exhibit Subpoena re R.L. View on PACER 20 Exhibit Subpoena re R.L. View on PACER 21 Exhibit Subpoena re B.W. View on PACER 22 Exhibit Subpoena re B.W. View on PACER 23 Exhibit Subpoena re B.W. View on PACER 24 Exhibit Subpoena re B.W. View on PACER 25 Exhibit Subpoena re B.W. View on PACER 26 Exhibit Subpoena re B.W. View on PACER 27 Exhibit Subpoena re B.W. View on PACER 28 Exhibit Subpoena re B.W. View on PACER	RECAP
38	March 6, 2020	ORDER REQUIRING EXPEDITED RESPONSE. On March 5, 2020, Plaintiffs moved to Quash Non-Party Subpoenas and for a Protective Order. ECF No. 37 . Defendants are ordered to respond to Plaintiffs' motion on or before 3/13/2020. Signed by CHIEF JUDGE MARK E WALKER on 3/6/20. (blb) (Entered: 03/06/2020)	RECAP
39	March 13, 2020	RESPONSE in Opposition re 37 MOTION to Quash Non-Party Subpoenas and for a Protective order with Incorporated Memorandum of Law filed by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Exhibit A, # 2 Exhibit B) (TROHN, JONATHAN) (Entered: 03/13/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER	RECAP
40	March 24, 2020	ORDER ON PLAINTIFFS' MOTION TO QUASH SUBPOENA AND MOTION FOR A PROTECTIVE ORDER. This Court has considered, without hearing, Plaintiffs' Motion to Quash Non-Party Subpoenas and Motion for a Protective Order. ECF No. 37 . For the reasons stated in this order, Plaintiffs' motion is GRANTED IN PART AND DENIED IN PART.Signed by CHIEF JUDGE MARK E WALKER on 3/24/20. (blb) (Entered: 03/24/2020)	RECAP
41	March 25, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 03/25/2020)	RECAP
	March 25, 2020	Set/Reset Deadlines: Status Report due by 4/25/2020. (blb)
42	April 22, 2020	Joint MOTION to Extend Time/Modify the Scheduling Order (ECF 23) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 04/22/2020)	RECAP
43	April 24, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 04/24/2020)	RECAP
44	April 24, 2020	ORDER AMENDING SCHEDULING AND MEDIATION ORDER. This Court has considered, without hearing, the Joint Motion to Modify Scheduling Order. ECF No. 42 . The motion is GRANTED and this Court amends the Scheduling and Mediation Order of December 17, 2019, ECF No. 23, by accepting the proposed deadlines as set forth in this order. Signed by CHIEF JUDGE MARK E WALKER on 4/24/20. (blb) Discovery due by 7/2/2021, Dispositive Motions to be filed by 8/30/2021. (Entered: 04/24/2020)	RECAP
	April 27, 2020	Set/Reset Deadlines: Status Report due by 5/27/2020. (blb)
45	May 27, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 05/27/2020)	RECAP
	May 28, 2020	Set/Reset Deadlines: Status Report due by 6/28/2020. (blb)
46	June 29, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 06/29/2020)	RECAP
	June 29, 2020	ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re Status Report Deadline. Status Report due by 6/28/2020, none filed. (blb)
	June 30, 2020	Set/Reset Deadlines: Status Report due by 7/30/2020. (blb)
47	July 29, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 07/29/2020)	RECAP
	July 30, 2020	Set/Reset Deadlines: Status Report due by 8/30/2020. (blb)
48	July 31, 2020	MOTION to Designate Documents as Confidential by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Errata G) (TROHN, JONATHAN) (Entered: 07/31/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER 6 Exhibit F View on PACER 7 Errata G View on PACER	RECAP
49	Aug. 3, 2020	ORDER DIRECTING EXPEDITED RESPONSE. Defendants have filed their Motion to Designate Documents as Confidential. ECF No. 48 . Plaintiffs must file a response to the motion not later than Monday, 8/10/2020). Signed by CHIEF JUDGE MARK E WALKER on 8/3/20. (blb) (Entered: 08/03/2020)	RECAP
50	Aug. 10, 2020	MEMORANDUM in Opposition re 48 MOTION to Designate Documents as Confidential filed by BW, GH, RL. (Attachments: # 1 Exhibit Department of Juvenile Justice Public Records Confinement Data (excerpts), # 2 Exhibit Department of Juvenile Justice Public Records Confinement Data Summaries, # 3 Exhibit Emails Between Counsel re: Confidentiality Designation) (COSTELLO, ANDREA) (Entered: 08/10/2020) 1 Exhibit Department of Juvenile Justice Public Records Confinement Data (excerpts View on PACER 2 Exhibit Department of Juvenile Justice Public Records Confinement Data Summaries View on PACER 3 Exhibit Emails Between Counsel re: Confidentiality Designation View on PACER	RECAP
51	Aug. 11, 2020	NOTICE of Appearance by RACHEL MALKOWSKI ORTIZ on behalf of All Plaintiffs (ORTIZ, RACHEL) (Entered: 08/11/2020)	RECAP
52	Aug. 14, 2020	ORDER ON DEFENDANTS' MOTION TO DESIGNATE DOCUMENTS AS CONFIDENTIAL. For the reasons provided, the motion 48 is GRANTED in part and DENIED in part. CHIEF JUDGE MARK E WALKER on 8/14/20. (blb) (Entered: 08/14/2020)	RECAP
53	Aug. 26, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 08/26/2020)	RECAP
	Aug. 27, 2020	Set/Reset Deadlines: Status Report due by 9/27/2020. (blb)
54	Sept. 28, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 09/28/2020)	RECAP
	Sept. 28, 2020	ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: Status Report due by 9/27/2020. None filed. (blb)
	Sept. 28, 2020	Set/Reset Deadlines: Status Report due by 10/28/2020. (blb)
55	Oct. 7, 2020	Joint MOTION to Extend Time/Modify the Amended Scheduling Order (ECF 44) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 10/07/2020)	RECAP
56	Oct. 7, 2020	ORDER GRANTING MOTION TO MODIFY SCHEDULING ORDER. This Court has considered, without hearing, the parties' Second Joint Motion to Modify Scheduling Order. ECF No. 55 . For the reasons provided in the motion, the motion is GRANTED. An amended scheduling order will follow this Order. Signed by CHIEF JUDGE MARK E WALKER on 10/7/20. (blb) (Entered: 10/07/2020)	RECAP
57	Oct. 9, 2020	SECOND AMENDED SCHEDULING AND MEDIATION ORDER. This Court recently granted the joint motion to modify the amended scheduling order. See ECF No. 56 . Accordingly, this Court amends the Amended Scheduling and Mediation Order of April 24, 2020, ECF No. 44, by accepting the proposed deadlines. Signed by CHIEF JUDGE MARK E WALKER on 10/9/20. Discovery due by 12/17/2021, Dispositive Motions to be filed by 3/1/2022. (blb) (Entered: 10/09/2020)	RECAP
58	Oct. 9, 2020	MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law by BW, GH, RL. (Attachments: # 1 Exhibit Declaration of Andrea Costello, # 2 Exhibit Composite of Emails and Authorizations (redacted), # 3 Exhibit Declaration of Dr. Louis Kraus, # 4 Exhibit Order in Hughes v. Judd) (COSTELLO, ANDREA) (Entered: 10/09/2020) 1 Exhibit Declaration of Andrea Costello View on PACER 2 Exhibit Composite of Emails and Authorizations (redacted) View on PACER 3 Exhibit Declaration of Dr. Louis Kraus View on RECAP 4 Exhibit Order in Hughes v. Judd View on PACER	RECAP
59	Oct. 13, 2020	ORDER REQUIRING EXPEDITED RESPONSE. On October 9, 2020, Plaintiffs filed a Motion to Compel Conditions for Plaintiffs' Request for Entry onto Land for Rule 34 Inspection. ECF No. 58 . Defendants shall file a response on or before 10/16/2020. Signed by CHIEF JUDGE MARK E WALKER on 10/13/20. (blb) (Entered: 10/13/2020)	RECAP
60	Oct. 16, 2020	RESPONSE in Opposition re 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law filed by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E) (TROHN, JONATHAN) (Entered: 10/16/2020) 1 Exhibit A View on PACER 2 Exhibit B View on PACER 3 Exhibit C View on PACER 4 Exhibit D View on PACER 5 Exhibit E View on PACER	RECAP
61	Oct. 18, 2020	MOTION for Leave to File re 60 Response in Opposition to Motion, for Leave to File Reply Memorandum by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 10/18/2020)	RECAP
62	Oct. 19, 2020	ORDER GRANTING LEAVE TO REPLYThis Court has considered, without hearing, Plaintiffs' Motion for Leave to File Reply. ECF No. 61 . The motion is GRANTED. Plaintiffs shall file a reply on or before 10/23/2020. Signed by CHIEF JUDGE MARK E WALKER on 10/19/20. (blb) (Entered: 10/19/2020)	RECAP
63	Oct. 23, 2020	REPLY to Response to Motion re 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law filed by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 10/23/2020)	RECAP
64	Oct. 29, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 10/29/2020)	RECAP
	Oct. 29, 2020	Set/Reset Deadlines: Status Report due by 11/29/2020. (blb)
65	Oct. 30, 2020	NOTICE OF TELEPHONIC HEARING: Telephonic Status Conference set for 11/5/2020 09:00 AM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 10/30/2020)	RECAP
66	Nov. 3, 2020	NOTICE OF TELEPHONIC HEARING RE: 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law: Telephonic Motion Hearing set for 11/5/2020 11:00 AM before CHIEF JUDGE MARK E WALKER. ALL PARTIES are directed to call the AT&T Conference Line (see below) Conference Call Information You may dial into the conference call up to five minutes before start time. Call in number: 888-684-8852 When prompted for an access code, enter: 3853136# If you are asked to join as the host, just ignore and wait until you are asked for a security code. When asked for a security code, enter: 4565# Say your name, when prompted. You are now in the conference call. Remember to mute your phone when you are not speaking. The Court also asks that counsel NOT use cell phones or speaker phones during the call as the quality of the audio connection is comprised by these devices. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment, please contact Victoria Milton McGee at 850-521-3510 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.s/ Victoria Milton McGeeCourtroom Deputy Clerk (vkm) (Entered: 11/03/2020)	RECAP
67	Nov. 5, 2020	Minute Entry for proceedings held before CHIEF JUDGE MARK E WALKER: Telephonic Motion Hearing held on 11/5/2020. Court hears argument re: 58 Motion to Compel. Ruling by Court: Parties are to cancel next week's inspections. Defendants' brief re: Rule 34 due by 11/19/2020. Plaintiffs' response due by 11/27/2020. Clerk to set for an expedited telephonic hearing after briefs are filed (Court Reporter Megan Hague). (vkm) (Entered: 11/05/2020)	RECAP
68	Nov. 9, 2020	NOTICE OF FILING OF OFFICIAL TRANSCRIPT of telephonic Proceedings held on 11/5/2020, before Judge Mark E. Walker. Court Reporter/Transcriber Megan A. Hague, Telephone number 850-422-0011. 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. Redaction Request due 11/16/2020. Release of Transcript Restriction set for 2/16/2021. (mah) (Entered: 11/09/2020)	RECAP
69	Nov. 19, 2020	RESPONSE in Opposition re 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law Supplemental Brief filed by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (Attachments: # 1 Exhibit "A") (TROHN, JONATHAN) (Entered: 11/19/2020) 1 Exhibit "A" View on PACER	RECAP
70	Nov. 20, 2020	ORDER REQUIRING ADDITIONAL BRIEFING. Defendants shall file additional briefing on or before 11/24/2020. If Defendants need more time, they can file for an extension. If Plaintiffs need additional time to respond, they can also file for an extension. Signed by CHIEF JUDGE MARK E WALKER on 11/20/20. (blb) (Entered: 11/20/2020)	RECAP
71	Nov. 24, 2020	RESPONSE in Opposition re 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law Additional Supplemental Briefing filed by DEPARTMENT OF JUVENILE JUSTICE, SIMONE MARSTILLER. (TROHN, JONATHAN) (Entered: 11/24/2020)	RECAP
72	Nov. 25, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 11/25/2020)	RECAP
73	Nov. 25, 2020	NOTICE of Withdrawal of Plaintiffs' Motion to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection by BW, GH, RL re 58 MOTION to Compel Conditions for Plaintiffs' Request for Entry Onto Land and for Rule 34 Inspection with Incorporated Memorandum of Law (COSTELLO, ANDREA) (Entered: 11/25/2020)	RECAP
	Nov. 29, 2020	Set/Reset Deadlines: Status Report due by 12/29/2020. (blb)
74	Nov. 30, 2020	ORDER DENYING MOTION TO COMPEL AS MOOT. This Court has considered, following a hearing and supplemental briefing, Plaintiff's Motion to Compel. ECF No. 58 . Inasmuch as Plaintiff has withdrawn the motion, ECF No. 73, Plaintiff's Motion to Compel, ECF No. 58, is DENIED as moot. Signed by CHIEF JUDGE MARK E WALKER on 11/30/20. (blb) (Entered: 11/30/2020)	RECAP
75	Dec. 9, 2020	First MOTION to Appear Pro Hac Vice by Kara Sheli Wallis.( Filing fee $ 208 receipt number AFLNDC-5822766.) by BW, GH, RL. (Attachments: # 1 Exhibit NYS Certificate of Good Standing - Wallis, Kara - Nov. 24, 2020) (WALLIS, KARA) (Entered: 12/09/2020) 1 Exhibit NYS Certificate of Good Standing - Wallis, Kara - Nov. 24, 2020 View on PACER	RECAP
76	Dec. 9, 2020	ORDER ADMITTING KARA WALLIS PRO HAC VICE. This Court has considered, without hearing, the Motion for Admission Pro Hac Vice of Kara Wallis. ECF No. 75 . The motion is GRANTED. Signed by CHIEF JUDGE MARK E WALKER on 12/9/20. (blb) (Entered: 12/09/2020)	RECAP
77	Dec. 11, 2020	MOTION to Withdraw as Attorney by BW, GH, RL. (LAURENCEAU, LEONARD) (Entered: 12/11/2020)	RECAP
78	Dec. 11, 2020	ORDER GRANTING MOTION TO WITHDRAW AS COUNSEL. This Court has considered, without hearing, the motion to withdraw Lisa Graybill and Shalini Goel Agarwal as co-counsels for Plaintiffs, ECF No. 77 . This motion is, therefore, GRANTED. The Clerk shall disconnect Ms. Graybill and Ms. Agarwal from CM/ECF on this matter. Signed by CHIEF JUDGE MARK E WALKER on 12/11/2020. (kjw) * Attorneys SHALINI GOEL AGARWAL and LISA S GRAYBILL terminated. (Entered: 12/11/2020)	RECAP
79	Dec. 22, 2020	STATUS REPORT on Discovery (Joint) by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 12/22/2020)	RECAP
	Dec. 22, 2020	Set Deadline - Status Report due by 1/22/2021. (cle)
80	Dec. 23, 2020	STIPULATION for Entry Onto Land for Inspection by BW, GH, RL. (COSTELLO, ANDREA) (Entered: 12/23/2020)	RECAP

show / hide docket entries

Case Details

State / Territory:

Florida

Case Type(s):

Juvenile Institution

Disability Rights

Special Collection(s):

Multi-LexSum (in sample)

Solitary confinement

Key Dates

Filing Date: Sept. 4, 2019

Closing Date: Sept. 8, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Three minors seeking to represent a class consisting of children are, or will be, in custody in a DJJ-operated secure detention center and subject to solitary confinement; and a subclass of all such children with disabilities, as defined in the Americans with Disabilities Act.

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Florida Justice Institute

Southern Poverty Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

State

Florida Department of Juvenile Justice