Case: Beaubrun v. United States

5:19-cv-00615 | U.S. District Court for the Middle District of Florida

Filed Date: Dec. 3, 2019

Closed Date: Jan. 28, 2022

Clearinghouse coding complete

Case Summary

This is a large tort claim case pertaining to sexual abuse in the federal prison system. On December 3, 2019, fourteen female prisoners, all of whom had been in federal custody for at least five years and nearly all first-time offenders for non-violent offenses, filed suit in the U.S. District Court for the Middle District of Florida. Seven of the plaintiffs were still incarcerated. The plaintiffs sued the United States under the Federal Torts Claim Act. The plaintiffs, represented by private c…

This is a large tort claim case pertaining to sexual abuse in the federal prison system. On December 3, 2019, fourteen female prisoners, all of whom had been in federal custody for at least five years and nearly all first-time offenders for non-violent offenses, filed suit in the U.S. District Court for the Middle District of Florida. Seven of the plaintiffs were still incarcerated. The plaintiffs sued the United States under the Federal Torts Claim Act. The plaintiffs, represented by private counsel, sought damages. The plaintiffs claimed that the Federal Bureau of Prisons (“BOP”) maintained “a sanctuary for male correctional officers to sexually assault and abuse female inmates.”

The plaintiffs alleged that they were subjected to sexual harassment and assault at Coleman Prison Camp. The complaint goes into stark, chilling detail on the pervasive abuse. The prisoners were frightened to report out of fear of retaliation and threats to their families including their young children. Some of the prisoners were forced to act as “look out” for guards as they had sex with other prisoners – and then were later sexually assaulted and raped themselves.

In addition, the plaintiffs alleged that the BOP maintained a policy which protected male correctional officers some of whom were known sexual predators. They claimed that Coleman Prison Camp employed at least eight known “sexual predators” and maintained a policy where if a prisoner complained she would be transferred to a local detention center in order to suppress such complaints. Correctional officers would use phone monitoring and restricted access to counsel to additionally suppress the women’s ability to report the misconduct.

On March 12, 2020, the United States filed a motion to dismiss for lack of jurisdiction and a motion to dismiss for failure to state a claim. On June 4, 2020, the Court ruled on the Motion to Dismiss. The Court dismissed, without prejudice, the claims regarding negligence per se, negligent hiring, and negligent training. The Court denied without prejudice Defendant’s arguments relating to the discretionary function exception and equitable tolling as to one Plaintiff's claims arising from conduct at FCI Tallahassee. The Court denied as moot to the extent Defendant sought to dismiss any failure to investigate, retaliatory transfer, or access to counsel claims, because Plaintiffs’ counsel confirmed that Plaintiffs were not raising those as separate claims but only as relevant background. The Court also deferred ruling on Defendant’s request regarding severance. The Court instructed Plaintiffs to file an Amended Complaint. The most recent Amended Complaint was filed on June 29, 2020. 

Several settlement conferences occurred and at a settlement conference that took place on February 16, 2021, the parties came to an agreement. On May 3, 2021, the United States filed a Notice advising that the appropriate designee of the Attorney General of the United States approved the settlement in the case. The Clearinghouse has not been able to obtain a copy of the settlement agreement.

After various disagreements over the disbursement of settlement funds and notices of charging liens, on July 23, 2021 the Court granted Plaintiff’s unopposed motion for leave to disburse settlement funds to the client and on August 17, 2021, the parties reached a settlement as to the notices of charging liens. 

On January 6, 2022, the Court directed the parties to comply by January 21, 2022. On January 28, 2022 a judgment was entered dismissing the case with prejudice. The case is now closed.

Summary Authors

Margaret Vogel (2/11/2020)

Nina Leeds (10/17/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16542207/parties/beaubrun-v-united-states/


Judge(s)

Corrigan, Timothy J. (Florida)

Attorney for Plaintiff

Busch, Bryan E. (Georgia)

DeMiles, James Angelo (Florida)

Mills, Christopher Young (Florida)

Peterson, Kellie (Florida)

Attorney for Defendant

Documents in the Clearinghouse

Documents in this case

5:19-cv-00615

Docket [PACER]

Beaubrun v. United States of America

Jan. 27, 2020

Jan. 27, 2020

Docket
1

5:19-cv-00615

Complaint

Beaubrun v. U.S.

Dec. 3, 2019

Dec. 3, 2019

Complaint
25

5:19-cv-00615

United States of America's Motion to Dismiss and, in the Alternative, to Sever

March 12, 2020

March 12, 2020

Pleading / Motion / Brief
40

5:19-cv-00615

Order

June 8, 2020

June 8, 2020

Order/Opinion
47

5:19-cv-00615

First Amended Complaint for Damages

June 29, 2020

June 29, 2020

Complaint

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16542207/beaubrun-v-united-states/

Last updated March 22, 2025, 12:42 p.m.

ECF Number Date Description Link
1 Dec. 3, 2019

COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-16210191) filed by All Plaintiffs. (Attachments: # 1 Exhibit A, # 2 Proposed Summons Civil Clerk, # 3 Proposed Summons Lopez, # 4 Proposed Summons Barr)(Mills, Christopher) Modified on 12/5/2019 (LAB). (Entered: 12/03/2019)

1 Exhibit A

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2 Proposed Summons Civil Clerk

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3 Proposed Summons Lopez

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4 Proposed Summons Barr

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Clearinghouse
2 Dec. 4, 2019

NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:19-cv-615-Oc-30PRL. (SJB) (Entered: 12/04/2019)

RECAP
Dec. 4, 2019

Case Assigned/Reassigned

3 Dec. 5, 2019

Case Reassigned to Judge Timothy J. Corrigan. New case number: 5:19-cv-615-Oc-32PRL. Judge James S. Moody, Jr no longer assigned to the case. (SJB) (Entered: 12/05/2019)

RECAP
4 Dec. 5, 2019

SUMMONS issued as to United States of America, U.S. Attorney and U.S. Attorney General. (LAB) (Entered: 12/05/2019)

RECAP
Dec. 5, 2019

Case Assigned/Reassigned

5 Dec. 18, 2019

NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 12/18/2019. (Attachments: # 1 Case Management Report form, # 2 Consent to US Magistrate Judge Jurisdiction letter and form)(MD) (Entered: 12/18/2019)

1 Case Management Report form

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2 Consent to US Magistrate Judge Jurisdiction letter and form

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RECAP
6 Dec. 20, 2019

ORDER, PDF removed, filed in wrong case.(CRR) Modified on 12/23/2019 (LMF). (Entered: 12/20/2019)

RECAP
7 Dec. 27, 2019

Unopposed MOTION to Substitute Attorney by Lauren Reynolds. (Attachments: # 1 Exhibit Signed Consent to Substitution of Counsel, # 2 Text of Proposed Order)(DeMiles, James) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 12/27/2019)

1 Exhibit Signed Consent to Substitution of Counsel

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2 Text of Proposed Order

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RECAP
8 Jan. 8, 2020

ORDER if Mr. Busch intends on representing Plaintiffs, with the exception of Plaintiff Lauren Reynolds (see Doc. 7), he must comply with Local Rule 2.02 within 14 days of the date of this Order. Signed by Magistrate Judge Philip R. Lammens on 1/8/2020. (CRR) (Entered: 01/08/2020)

RECAP
9 Jan. 8, 2020

MOTION for Bryan Busch to appear pro hac vice by All Plaintiffs. (Mills, Christopher) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 01/08/2020)

RECAP
10 Jan. 9, 2020

PROOF of service as to United States Attorney by Rachelle Beaubrun, Kayla Buchanan, Amanda Dimuro, Kristen Goduto, Kara Guggino, Sara Hoehn, April Johnson, Maggie Leon, Rebecca Mora, Terry Nagy-Philips, Lauren Reynolds, Ann Ursiny, Cristian Villalta-Gar, Karen Watson (Mills, Christopher) Modified on 1/10/2020 (HAI). (Entered: 01/09/2020)

RECAP
11 Jan. 17, 2020

ORDER granting 7 Plaintiff Lauren Reynolds' Motion for Substitution of Attorney/Legal Counsel; granting 9 Motion for Bryan E. Busch, Esquire to Appear Pro Hac Vice on behalf of Plaintiffs; directions to the Clerk and Counsel. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 1/17/2020. (JLD) (Entered: 01/17/2020)

RECAP
12 Jan. 21, 2020

MOTION to Substitute Attorney by Amanda Dimuro. (Attachments: # 1 Exhibit Signed Consent to Substitution of Counsel, # 2 Text of Proposed Order Proposed Order Granting Substitution of Counsel)(DeMiles, James) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 01/21/2020)

1 Exhibit Signed Consent to Substitution of Counsel

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2 Text of Proposed Order Proposed Order Granting Substitution of Counsel

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RECAP
13 Jan. 22, 2020

NOTICE of Appearance by Max G. Soren on behalf of Lauren Reynolds (Soren, Max) (Entered: 01/22/2020)

RECAP
Jan. 27, 2020

***PRO HAC VICE FEES paid by attorney James DeMiles, appearing on behalf of Amanda Dimuro (Filing fee $150 receipt number FtM014359.) Related document: 12 MOTION to Substitute Attorney . (RMT) (Entered: 01/27/2020)

PACER
Jan. 27, 2020

Pro Hac Vice Fees paid

Jan. 27, 2020

***PRO HAC VICE FEES paid by attorney James DeMiles, appearing on behalf of Amanda Dimuro (Filing fee $150 receipt number FtM014359.) Related document: 12 MOTION to Substitute Attorney . (RMT)

14 Jan. 29, 2020

ORDER granting 12 Motion to Substitute Attorney. James Angelo DeMiles, Esquire and Max G. Soren, Esquire are SUBSTITUTED. Attorney Bryan E. Busch and Christopher Young Mills terminated. The Clerk is directed to remove Mr. Busch and Mr. Mills from CM/ECF notifications for Plaintiff Dimuro only. Signed by Magistrate Judge Philip R. Lammens on 1/29/2020. (CRR) (Entered: 01/29/2020)

RECAP
15 Jan. 29, 2020

NOTICE of Appearance by Max G. Soren on behalf of Amanda Dimuro (Soren, Max) (Entered: 01/29/2020)

RECAP
16 Feb. 4, 2020

Unopposed MOTION for Extension of Time to File Answer re 1 Complaint by United States of America. (Smart, Adam) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 02/04/2020)

RECAP
17 Feb. 11, 2020

ORDER granting 16 Motion for Extension of Time to Answer. Defendants are directed to file an answer or otherwise respond within THIRTY (30) DAYS from the date of this Order. Signed by Magistrate Judge Philip R. Lammens on 2/11/2020. (CRR) (Entered: 02/11/2020)

RECAP
18 Feb. 12, 2020

MOTION to Substitute Attorney by Rebecca Mora. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Soren, Max) Motions referred to Magistrate Judge Philip R. Lammens. Modified on 2/12/2020 (HAI). (Entered: 02/12/2020)

1 Exhibit A

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2 Text of Proposed Order

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RECAP
19 Feb. 18, 2020

ORDER granting 18 Motion to Substitute Attorney. Attorney Bryan E. Busch and Christopher Young Mills terminated. The Clerk is directed to remove Mr. Busch and Mr. Mills from CM/ECF notifications for Plaintiff Mora only. Signed by Magistrate Judge Philip R. Lammens on 2/18/2020. (CRR) (Entered: 02/18/2020)

RECAP
20 Feb. 18, 2020

CERTIFICATE of interested persons and corporate disclosure statement by United States of America. (Posteraro, Julie) (Entered: 02/18/2020)

RECAP
21 March 1, 2020

MOTION to Substitute Attorney by Maggie Leon. (Attachments: # 1 Exhibit Consent of client for substitution)(Reizenstein, Philip) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 03/01/2020)

1 Exhibit Consent of client for substitution

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RECAP
22 March 3, 2020

ORDER granting 21 Motion to Substitute Attorney. Attorney Philip L. Reizenstein, Esquire is now attorney of record for Plaintiff Leon. Attorney Bryan E. Busch and Christopher Young Mills terminated. The Clerk is directed to remove Mr. Busch and Mr. Mills from CM/ECF notifications for Plaintiff Leon only. Signed by Magistrate Judge Philip R. Lammens on 3/3/2020. (CRR) (Entered: 03/03/2020)

RECAP
23 March 3, 2020

CERTIFICATE of interested persons and corporate disclosure statement by Lauren Reynolds. (Soren, Max) (Entered: 03/03/2020)

RECAP
24 March 11, 2020

Unopposed MOTION for leave to File motion to dismiss with incorporated memorandum of law in excess of Twenty-Five pages by United States of America. (Posteraro, Julie) Modified on 3/12/2020 (HAI). Modified on 3/13/2020 (HAI). (Entered: 03/11/2020)

RECAP
25 March 12, 2020

MOTION to Dismiss for Lack of Jurisdiction, MOTION to Dismiss for Failure to State a Claim, MOTION to Sever by United States of America. (Attachments: # 1 Exhibit 1)(Smart, Adam) (Entered: 03/12/2020)

1 Exhibit 1

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Clearinghouse
26 March 16, 2020

CASE MANAGEMENT REPORT. (Soren, Max) (Entered: 03/16/2020)

RECAP
27 March 17, 2020

ORDER granting 24 Motion for Leave to File Motion to Dismiss in Excess of 25 pages. Defendant's Motion to Dismiss, and in the alternative, to Sever (Doc. 25) is accepted as filed. Signed by Magistrate Judge Philip R. Lammens on 3/17/2020. (CRR) (Entered: 03/17/2020)

RECAP
28 March 18, 2020

CERTIFICATE of interested persons and corporate disclosure statement Certificate of Interested Persons by Rachelle Beaubrun. (Busch, Bryan) (Entered: 03/18/2020)

RECAP
29 March 19, 2020

Unopposed MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim MOTION to Sever and for Leave to Increase Page Limit by All Plaintiffs. (Soren, Max) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 03/19/2020)

RECAP
30 March 23, 2020

ORDER granting 29 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss and Leave to Increase Page Limit. Plaintiff's response to Defendant Motion to Dismiss is due on or before April 9, 2020 and Plaintiff's response may include 10 additional pages. Signed by Magistrate Judge Philip R. Lammens on 3/23/2020. (CRR) (Entered: 03/23/2020)

RECAP
March 24, 2020

Set Motion and R&R deadlines/hearings - PUBLIC

March 24, 2020

Set/reset deadlines as to 25 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim MOTION to Sever . Responses due by 4/9/2020 (HAI)

31 April 1, 2020

NOTICE of hearing: Telephone Preliminary Pretrial Conference set for 5/27/2020 at 10:00 AM before Judge Timothy J. Corrigan. See Notice for call in information.(MD) (Entered: 04/01/2020)

RECAP
32 April 9, 2020

RESPONSE in Opposition re 25 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim MOTION to Sever filed by Rachelle Beaubrun, Kayla Buchanan, Amanda Dimuro, Kristen Goduto, Kara Guggino, Sara Hoehn, April Johnson, Maggie Leon, Rebecca Mora, Terry Nagy-Philips, Lauren Reynolds, Ann Ursiny, Cristian Villalta-Gar, Karen Watson. (Busch, Bryan) (Entered: 04/09/2020)

RECAP
33 April 21, 2020

Unopposed MOTION for Leave to File Other Document :Reply by United States of America. (Smart, Adam) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 04/21/2020)

RECAP
34 April 22, 2020

ORDER granting 33 Defendant's Unopposed Motion for Leave to File a Reply in Support of Its Partial Motion to Dismiss; Defendant's reply of no more than 10 pages due by 5/4/2020; Plaintiffs may file a sur-reply of no more than 10 pages due by 5/14/2020; the parties shall be prepared to argue their positions with respect to the 25 Motion to Dismiss at the telephonic preliminary pretrial conference set for 5/27/2020. Signed by Judge Timothy J. Corrigan on 4/22/2020. (CAW) (Entered: 04/22/2020)

RECAP
35 May 4, 2020

NOTICE REGARDING CALL-IN INSTRUCTIONS FOR THE 5/27/2020 AT 10:00 A.M. TELEPHONE HEARING. The information provided in the original Notice (Doc. 31) setting the 5/27/2020 at 10:00 a.m. telephone preliminary pretrial conference (Doc. 31) is no longer applicable. See Notice for new call-in information. (MD) (Entered: 05/04/2020)

RECAP
36 May 4, 2020

REPLY to Response to Motion re 25 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim MOTION to Sever filed by United States of America. (Smart, Adam) (Entered: 05/04/2020)

RECAP
37 May 21, 2020

NOTICE of Co-counsel Appearance by Kellie Peterson on behalf of Maggie Leon (Peterson, Kellie) (Entered: 05/21/2020)

RECAP
38 May 22, 2020

NOTICE OF RESCHEDULING HEARING: The telephone preliminary pretrial conference and hearing regarding 25 Defendant's Motion to Dismiss previously set for May 27, 2020 at 10:00 a.m. is RESCHEDULED for Thursday, June 4, 2020, at 2:00 p.m. See Notice for details. (JLD) (Entered: 05/22/2020)

RECAP
41 June 4, 2020

MINUTE ENTRY Proceedings held before Judge Timothy J. Corrigan: TELEPHONE preliminary pretrial conference and hearing on 25Defendant's Motion to Dismiss held on 6/4/2020. Court Reporter: Shannon Bishop. (MD) (Entered: 06/09/2020)

RECAP
39 June 5, 2020

NOTICE of change of address by Max G. Soren (Soren, Max) (Entered: 06/05/2020)

RECAP
40 June 8, 2020

ORDER granting in part, denying in part, and deferring ruling in part on 25 Defendant's Motion to Dismiss or alternatively to Sever; see Order for details and deadlines. Signed by Judge Timothy J. Corrigan on 6/8/2020. (JLD) (Entered: 06/08/2020)

Clearinghouse
June 9, 2020

Set/reset deadlines/hearings: for All Defendants. Answer to Complaint due by 7/15/2020. (HAI)

June 9, 2020

Set/reset deadlines/hearings-PUBLIC

42 June 16, 2020

TRANSCRIPT of Telephonic Preliminary Pretrial Conference and Motion Hearing held on June 4, 2020 before Judge Timothy J. Corrigan. Court Reporter/Transcriber Shannon M. Bishop, RDR, CRR, CRC; dsmabishop@yahoo.com,Telephone number (904)549-1307. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 7/7/2020, Redacted Transcript Deadline set for 7/17/2020, Release of Transcript Restriction set for 9/14/2020. (SB) (Entered: 06/16/2020)

RECAP
43 June 16, 2020

NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shannon Bishop, RDR, CRR, CRC; dsmabishop@yahoo.com (SB) (Entered: 06/16/2020)

RECAP
June 16, 2020

Notice to counsel of filing of official transcript

44 June 19, 2020

MOTION for Extension of Time to File Amended Complaint and STATUS report by Lauren Reynolds. (Soren, Max) Modified on 6/22/2020 (HAI). (Entered: 06/19/2020)

RECAP
45 June 22, 2020

AMENDED COMPLAINT Plaintiffs' Beaubrun, Goduto, Guggino, Hoehn, Johnson, Nagy-Philips, Ursiny, Watson, Berman, Flowers and Aloe against All Defendants with Jury Demand. filed by Rachelle Beaubrun. Related document: 1 Complaint filed by Lauren Reynolds, Cristian Villalta-Gar, Ann Ursiny, April Johnson, Maggie Leon, Karen Watson, Kayla Buchanan, Rachelle Beaubrun, Sara Hoehn, Kristen Goduto, Kara Guggino, Rebecca Mora, Terry Nagy-Philips, Amanda Dimuro.(Busch, Bryan) (Entered: 06/22/2020)

Clearinghouse
46 June 23, 2020

ORDER deeming withdrawn 25 the portion of Defendant's Motion based on 28 U.S.C. ยง 1915; granting to the extent stated 44 Joint Motion for One Week Extension. All Plaintiffs to file a single, joint Amended Complaint by 6/29/2020; Defendant to respond by 7/22/2020; Plaintiffs to respond to any motion to dismiss by 8/12/2020. Signed by Judge Timothy J. Corrigan on 6/23/2020. (JLD) (Entered: 06/23/2020)

RECAP
June 24, 2020

Set/reset deadlines/hearings-PUBLIC

June 24, 2020

Set/reset deadlines/hearings: All Plaintiffs shall file a single joint Amended Complaint due by 6/29/2020. (HAI)

47 June 29, 2020

AMENDED COMPLAINT against United States of America filed by All Plaintiffs. Related document: 1 Complaint filed by Lauren Reynolds, Cristian Villalta-Gar, Ann Ursiny, April Johnson, Maggie Leon, Karen Watson, Kayla Buchanan, Rachelle Beaubrun, Sara Hoehn, Kristen Goduto, Kara Guggino, Rebecca Mora, Terry Nagy-Philips, Amanda Dimuro, 45 Amended Complaint filed by Rachelle Beaubrun. (Attachments: # 1 Exhibit)(DeMiles, James) (Entered: 06/29/2020)

1 Exhibit

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Clearinghouse
48 July 22, 2020

ANSWER and affirmative defenses to 47 Amended Complaint by United States of America.(Smart, Adam) (Entered: 07/22/2020)

RECAP
49 Aug. 12, 2020

Joint MOTION for Miscellaneous Relief, specifically Set Scheduling Conference, MOTION for Settlement Conference by All Defendants. (Smart, Adam) (Entered: 08/12/2020)

RECAP
50 Aug. 19, 2020

ENDORSED ORDER granting 49 Motion to set a Scheduling Conference with the Magistrate Judge. The hearing will be set by separate notice. Signed by Magistrate Judge Philip R. Lammens on 8/19/2020. (MJT) (Entered: 08/19/2020)

RECAP
51 Aug. 19, 2020

NOTICE of hearing: Scheduling Conference set for 9/2/2020 at 02:00 PM before Magistrate Judge Philip R. Lammens via video. Counsel will receive the Zoom invite two days prior to the hearing. (MJT) (Entered: 08/19/2020)

RECAP
Aug. 19, 2020

Order on Motion for Miscellaneous Relief

Aug. 19, 2020

Notice of hearing

52 Sept. 1, 2020

NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Scheduling Conference scheduled for 09/02/20 is rescheduled. New hearing time: Scheduling Conference set for 9/2/2020 at 03:30 PM before Magistrate Judge Philip R. Lammens via video. Counsel will use the same Zoom invite already sent. (MJT) (Entered: 09/01/2020)

RECAP
Sept. 1, 2020

Notice of rescheduling hearing (time only)

53 Sept. 2, 2020

Minute Entry. Proceedings held before Magistrate Judge Philip R. Lammens via Zoom: SCHEDULING CONFERENCE held on 9/2/2020. (DIGITAL) (MJT) (Entered: 09/03/2020)

RECAP
54 Sept. 3, 2020

SCHEDULING ORDER AND RECOMMENDATION FOR TRIAL TERM: Plaintiffs to serve written discovery within 15 days; Defendant to serve written discovery within 30 days; all parties to respond to written discovery by 11/30/2020. Plaintiffs to disclose expert reports by 5/14/2021; Defendant to disclose expert reports by 7/13/2021; Rebuttal expert reports to be disclosed by 8/3/2021. Discovery to be completed by 9/15/2021. Dispositive and Daubert motions to be filed by 10/15/2021, with responses due 21 days after service. Mediation to occur by 11/1/2021. SEE ORDER FOR DETAILS AND LIMITATIONS REGARDING DISCOVERY. Signed by Magistrate Judge Philip R. Lammens on 9/3/2020. (JLD) (Entered: 09/03/2020)

RECAP
Sept. 4, 2020

Set/reset scheduling order deadlines - PUBLIC

Sept. 4, 2020

Set/reset scheduling order deadlines: Discovery due by 9/15/2021, Dispositive motions due by 10/15/2021, Conduct mediation hearing by 11/1/2021. Lead counsel to coordinate dates., Defendant disclosure of expert report due by 7/13/2021, Plaintiff disclosure of expert report due by 5/14/2021. Jury Trial commencing on 2/7/2022 at 09:00 AM before Judge Timothy J. Corrigan, (HAI)

55 Sept. 8, 2020

ORDER granting 49 Joint Motion to Request Settlement Conference as Discussed at Hearing. The settlement conference is set for November 10, 2020, at 10:00 a.m. A telephonic status conference is set for October 1, 2020, at 3:00 p.m. to determine the appropriate logistics of the settlement conference. Signed by Judge Marcia Morales Howard on 9/8/2020. (JW) (Entered: 09/08/2020)

RECAP
56 Sept. 8, 2020

NOTICE of hearing: Status Conference set for 11/16/2020 at 10:00 AM before Magistrate Judge Philip R. Lammens via video. Counsel will receive the Zoom invite two days prior to the hearing. (MJT) (Entered: 09/08/2020)

RECAP
Sept. 8, 2020

Notice of hearing

57 Sept. 14, 2020

ORDER setting trial and related deadlines: Motions in Limine and other trial motions due 1/13/2022; pretrial statement due 1/13/2022; Final Pretrial Conference set for 2/3/2022 at 10:00 AM; Special Set Trial begins 3/7/2022 at 9:00 AM. See Order for details. Signed by Judge Timothy J. Corrigan on 9/14/2020. (JLD) (Entered: 09/14/2020)

RECAP
58 Sept. 18, 2020

NOTICE of service of Discovery Requests by Rachelle Beaubrun (Busch, Bryan) Modified on 9/21/2020 (HAI). (Entered: 09/18/2020)

RECAP
59 Sept. 18, 2020

NOTICE of service of Discovery Requests by Maggie Leon (Reizenstein, Philip) Modified on 9/21/2020 (HAI). (Entered: 09/18/2020)

RECAP
60 Oct. 1, 2020

Minute Entry for proceedings held before Judge Marcia Morales Howard: TELEPHONIC STATUS CONFERENCE held on 10/1/2020. Court Reporter: Cindy Packevicz Jarriel (JW) (Entered: 10/01/2020)

RECAP
61 Nov. 6, 2020

Unopposed MOTION for Extension of Time to Complete Discovery (1) extend time to respond to outstanding discovery requests and (2) to continue status conference until after settlement conference sessions conclude by All Defendants. (Smart, Adam) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 11/06/2020)

RECAP
62 Nov. 9, 2020

ORDER granting 61 Unopposed Motion to Extend Deadline to Respond to Outstanding Discovery Requests and to Continue Status Conference; parties to respond to discovery by 12/22/2020; canceling status conference set for 11/16/2020; status conference reset for 12/7/2020 at 10:00 a.m. by Zoom. Signed by Magistrate Judge Philip R. Lammens on 11/9/2020. (JLD) (Entered: 11/09/2020)

RECAP
63 Nov. 10, 2020

NOTICE OF RESCHEDULING HEARING: The Status Conference previously scheduled for 11/16/20 is rescheduled. New scheduling date and time: Status Conference set for 12/7/2020 at 10:00 AM before Magistrate Judge Philip R. Lammens via video. Counsel will receive the zoom invite two days prior to the hearing. (MJT) (Entered: 11/10/2020)

RECAP
64 Nov. 10, 2020

Minute Entry for proceedings held before Judge Marcia Morales Howard: SETTLEMENT CONFERENCE held via Zoom on 11/10/2020. Court Reporter: Cindy Packevicz Jarriel (JW) (Entered: 11/12/2020)

RECAP
65 Nov. 24, 2020

NOTICE of change of address by Bryan E. Busch (Busch, Bryan) (Entered: 11/24/2020)

RECAP
66 Nov. 24, 2020

Minute Entry for proceedings held before Judge Marcia Morales Howard: SETTLEMENT CONFERENCE held on 11/24/2020. Court Reporter: Cindy Packevicz Jarriel (JW) (Entered: 11/25/2020)

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67 Dec. 7, 2020

Minute Entry. Proceedings held before Magistrate Judge Philip R. Lammens: STATUS CONFERENCE held on 12/7/2020. (DIGITAL) (MJT) (Entered: 12/07/2020)

RECAP
68 Dec. 7, 2020

ORDER granting Defendant's ore tenus motion for an extension; the parties shall respond to written discovery by 3/4/2021. This case is set for a status conference by Zoom on 2/25/2021 at 10:00 a.m.; counsel will receive the Zoom invitation by email prior to the hearing. Signed by Magistrate Judge Philip R. Lammens on 12/7/2020. (JLD) (Entered: 12/07/2020)

RECAP
Dec. 8, 2020

Set/reset deadlines/hearings-PUBLIC

Dec. 8, 2020

Set deadline & hearing: Responses to written discovery due by 03/04/2021. Status Conference set for 2/25/2021 at 10:00 AM before Magistrate Judge Philip R. Lammens via video. (MJT)

69 Feb. 8, 2021

Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: SETTLEMENT CONFERENCE held on 2/8/2021. Court Reporter: Cindy Packevicz Jarriel (JW) (Entered: 02/09/2021)

RECAP
70 Feb. 11, 2021

ENDORSED ORDER reminding Plaintiffs' counsel that Ms. Leon and Ms. Aloe must be present via Zoom for the settlement conference today, Thursday, February 11, 2021 at 2:00 p.m. Signed by Judge Marcia Morales Howard on 2/11/2021. (JLD) (Entered: 02/11/2021)

RECAP
71 Feb. 11, 2021

Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: SETTLEMENT CONFERENCE held on 2/11/2021. Court Reporter: Cindy Packevicz Jarriel (JW) (Entered: 02/12/2021)

RECAP
Feb. 11, 2021

Order directing compliance

72 Feb. 16, 2021

NOTICE OF RESCHEDULING HEARING: The Status Conference hearing previously scheduled for 02/25/2021 is rescheduled. New scheduling date and time: Status Conference set for 2/26/2021 at 09:00 AM before Magistrate Judge Philip R. Lammens via video. (Counsel will receive the zoom invite two days prior to the hearing.) (MJT) (Entered: 02/16/2021)

RECAP
73 Feb. 16, 2021

Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: SETTLEMENT CONFERENCE held on 2/16/2021. Court Reporter: Cindy Packevicz Jarriel (JW) (Entered: 02/17/2021)

RECAP
Feb. 16, 2021

Notice of rescheduling hearing

74 Feb. 22, 2021

ORDER directing Counsel for Defendant to file a notice advising the Court when the settlements have been approved; staying and administratively closing case; all case management deadlines are vacated, and all hearing and trial dates are canceled. Signed by Judge Timothy J. Corrigan on 2/22/2021. (CAW) (Entered: 02/22/2021)

RECAP
75 May 3, 2021

NOTICE of Approval of Settlements by United States of America re 74 Order directing complianceOrder Staying Case (Smart, Adam) Modified on 5/4/2021 (HAI). (Entered: 05/03/2021)

RECAP
76 May 4, 2021

ORDER directing the parties to file a joint motion for dismissal or other appropriate documents to close out the file or a request for an extension by 8/3/2021. Signed by Judge Timothy J. Corrigan on 5/4/2021. (JLD) (Entered: 05/04/2021)

RECAP
77 May 26, 2021

NOTICE of Charging Lien by Bryan Bush, Christopher Y. Mills (Mills, Christopher) Modified on 5/27/2021 (HAI). (Entered: 05/26/2021)

RECAP
78 May 26, 2021

NOTICE of Charging Lien by Bryan Bush, Christopher Y. Mills (Mills, Christopher) Modified on 5/27/2021 (HAI). (Entered: 05/26/2021)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Dec. 3, 2019

Closing Date: Jan. 28, 2022

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Fourteen female prisoners all of who alleged sexual abuse from correction officers.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Federal

United States of America

Defendant Type(s):

Corrections

Jurisdiction-wide

Facility Type(s):

Government-run

Case Details

Causes of Action:

Federal Tort Claims Act (FTCA), 28 U.S.C. § 2674

Other Dockets:

Middle District of Florida 5:19-cv-00615

Available Documents:

Complaint (any)

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Source of Relief:

Settlement

Form of Settlement:

Private Settlement Agreement

Amount Defendant Pays: $1,910,000

Issues

General/Misc.:

Access to lawyers or judicial system

Conditions of confinement

Failure to supervise

Incident/accident reporting & investigations

Affected Sex/Gender(s):

Female

Jails, Prisons, Detention Centers, and Other Institutions:

Assault/abuse by non-staff (facilities)

Assault/abuse by staff (facilities)

Prison Rape Elimination Act

Sex w/ staff; sexual harassment by staff

Visiting

Reproductive rights:

Contraception

Recommended Citation