Case: James v. Global TelLink Corp.

2:13-cv-04989 | U.S. District Court for the District of New Jersey

Filed Date: Aug. 20, 2013

Closed Date: Oct. 10, 2020

Clearinghouse coding complete

Case Summary

This is a case about the unfair business practices of Global Tel*Link, a private company with a state granted monopoly on telephone services in New Jersey's prison systems. On August 20, 2013 the plaintiffs, people incarcerated in New Jersey prisons and people who created accounts with Global Tel*Link to receive calls from New Jersey prisoners, filed this class action lawsuit in the United States District Court for the District of New Jersey, where it was assigned to United States District Judg…

This is a case about the unfair business practices of Global Tel*Link, a private company with a state granted monopoly on telephone services in New Jersey's prison systems. On August 20, 2013 the plaintiffs, people incarcerated in New Jersey prisons and people who created accounts with Global Tel*Link to receive calls from New Jersey prisoners, filed this class action lawsuit in the United States District Court for the District of New Jersey, where it was assigned to United States District Judge William J. Martini. The plaintiffs sued Global Tel*Link and several associated companies, alleging violations of New Jersey's Consumer Fraud and Public Utilities statutes, the Federal Communications Act (42 U.S.C. § 201), the Takings Clause of the Fifth Amendment under 42 U.S.C. § 1983, and the Declaratory Judgment Act (28 U.S.C. § 2201). They plaintiffs also brought a common law unjust enrichment claim. In their § 1983 count, the plaintiffs alleged that the defendants, acting on behalf of the State of New Jersey, imposed unconscionable fees and rates on plaintiffs, which amounted to a violation of the Fifth Amendment's prohibition on the taking of property without just compensation. Represented by private counsel, the plaintiffs sought compensatory damages, disgorgment, restitution, and prejudgment interest, as well as injunctive relief and attorneys' fees. Specifically, they claimed that the defendant's billing policies were "abusive, discriminatory, and unreasonable."

In 2006, Global Tel*Link, an Alabama company that provides telecommunications services and surveillance technology to correctional institutions, bought the contractual right to be the sole provider of telecommunications for prisons and many county jails in New Jersey. The plaintiffs in this case alleged that Global Tel*Link abused its monopoly power by charging plaintiffs exorbitant rates, forcing friends and family of incarcerated people to create prepaid accounts with minimum payments of $25 to receive calls from their loved ones, forfeiting money from prepaid accounts when they went unused for 90 days, and failing to disclose rates, fees, and billing practices. The defendants paid commissions, sometimes exceeding 50% of their revenue, to the correctional agency they contracted with. To turn a profit the defendants charged exceedingly high rates for calls and imposed numerous fees, such a 19% fee on deposits to the prepaid accounts.

On November 22, 2013, the defendants moved to dismiss the case, arguing that it should have been brought as a complaint to the Federal Communications Commission (FCC) instead. At that time, the FCC had been in the process of determining whether the defendants' business practices were violations of the Federal Communications Act, as alleged in this lawsuit. On September 8, 2014, the court issued an opinion denying the motion to dismiss, but staying the case until the conclusion of the FCC's proceedings. The plaintiffs responded on September 19, 2014 by withdrawing their Federal Communications Act claim, as well as their claim under New Jersey Public Utilities Statutes.

After close to a year of discovery disputes, on August 7, 2015, the defendants moved to compel arbitration based on arbitration clauses in their products' terms of use. On February 11, 2016, Judge Martini denied the motion with respect to all but one of the plaintiffs. He found that the recorded message notifying Global Tel*Link users of its terms of use, including the arbitration provision, did not inform most of the plaintiffs that they would have to abide by Global Tel*link's terms of use to use its services. Consequently, the court held the plaintiffs did not enter into a legally enforceable contract with the defendants. One of the named plaintiffs who created their account through the defendants' website, which used a different system, was forced to arbitrate their claim.

On June 15, 2016, the defendants filed a motion with the Judicial Panel for Multidistrict Litigation to consolidate this case with several others on which prisoners and their families were suing Global Tel*Link. The Panel denied that request in an October 13, 2015 order, docketed as JPML No. 2651, Entry 23.

The defendants appealed Judge Martini's arbitration decision to the United States Court of Appeals for the Third Circuit on March 9, 2016. On March 29, 2017, the Third Circuit affirmed Judge Martini's ruling in an opinion by Judge Thomas M. Hardiman. James v. Global Tel*Link Corp. 852 F.3d 262 (3d Cir. 2017). The Circuit agreed with Judge Martini that because the plaintiffs did not receive the defendants' terms of use or were informed that use of the defendants' services constituted assent to the terms, the plaintiffs were not bound by them or the arbitration clause they contained.

While the appeal was pending, the case lay mostly dormant in the district court. The litigation continued to move slowly until the plaintiffs moved for class certification on their New Jersey Consumer Fraud Act and § 1983 Fifth Amendment Takings Clause claims on February 27, 2018. On August 6, 2018, Judge Martini granted that motion and certified a class consisting of all people incarcerated in New Jersey prisons or correctional institutions who used a phone system provided by the defendants and people who received calls from a person incarcerated in New Jersey or established an advance pay account to receive calls from such a person from 2006 to June 2011 (with the exception of people calling from or to Essex County).

On March 27, 2018 the defendants moved for summary judgment and on May 4, the plaintiffs filed a cross-motion on their § 1983 Takings claim. Judge Martini denied both motions on August 6 in a separate opinion from the one addressing the class certification question.The court rejected several of the defendants' legal claims, including the assertion that they were not state actors amenable to suit under § 1983 and finding issues of material fact for others.

On April 2, 2018, Judge Martini referred the case to mediation and took the step of scheduling a settlement conference on December 10, 2019. However, the parties were unable to reach an agreement and the case was scheduled for trial in March of 2020.

On January 24, 2020, the defendants moved for judgment on the pleadings and to decertify the plaintiffs' class. Judge Martini granted the defendants' motion and dismissed plaintiffs' Fifth Amendments Takings claims on March 2, 2020. He found that denying the plaintiffs reasonably priced calling options did not amount to a taking as it lacked legal compulsion. The court did not resolve the decertification motion.

This case was scheduled to go to trial on March 16, 2020. However, in a March 3 settlement conference the parties reached an agreement on the broad terms of a settlement and the trial was canceled. After more negotiation, the plaintiffs moved for preliminary approval of a proposed settlement on May 28, 2020, which Judge Martini granted on July 15, 2020.

The settlement provided that the defendants would pay $25 million to a settlement fund. That money would be distributed to members of the plaintiffs' class based on the amount each member spent on the defendants' services, with a maximum recovery of $5,000 per account. While the class certified by the court included people who used the defendants' services in New Jersey after 2006, the settlement only allowed for payment to class members who used the defendants' services from 2006 to 2016. The settlement also allowed the plaintiffs to apply for a maximum of $8,332,500 in attorneys' fees. It also provided that class members who were still incarcerated in New Jersey would receive their payments in the form of credits on the phone accounts without filing a proof of claim. However, the settlement did not enjoin the defendants from continuing to engage in unfair business practices, as the plaintiffs had requested in their complaint.

After the proposed settlement was filed, on September 21, 2020, several plaintiffs from a separate class action against the defendants in the Northern District of Georgia moved to intervene in this case. The plaintiffs in the Georgia case also challenged some of the defendants' business practices, but on behalf of a putative class of individuals across the country who used the defendants' services. On October 22, 2020, Judge Martini denied this motion, finding that the Georgia plaintiffs did not have a sufficient direct interest in this case to intervene, but allowing them to appear as amicus curiae at the fairness hearing.

That hearing happened on October 15, 2020 and a week on October 22, 2020 later Judge Martini issued an opinion approving the settlement. He found that the settlement met all the relevant tests for approval and that he could not address the Georgia plaintiffs' concerns about the settlement, as their class had not yet been certified. The case is now closed.

Summary Authors

Jonah Hudson-Erdman (11/18/2020)

People

For PACER's information on parties and their attrorneys, see: https://www.courtlistener.com/docket/5826877/parties/james-v-global-tellink-corporation/


Judge(s)

Chagares, Michael A. (New Jersey)

Falk, Mark (New Jersey)

Hardiman, Thomas Michael (Pennsylvania)

Martini, William J. (New Jersey)

Scirica, Anthony Joseph (Pennsylvania)

Attorneys(s) for Plaintiff

Brody, Jan Alan (New Jersey)

Cecchi, James E (New Jersey)

Frisch, Matthew Edward (New Jersey)

Meltzer, Joseph H. (Pennsylvania)

Muhic, Peter A (New Jersey)

Judge(s)

Chagares, Michael A. (New Jersey)

Falk, Mark (New Jersey)

Hardiman, Thomas Michael (Pennsylvania)

Martini, William J. (New Jersey)

Scirica, Anthony Joseph (Pennsylvania)

Attorneys(s) for Plaintiff

Brody, Jan Alan (New Jersey)

Cecchi, James E (New Jersey)

Frisch, Matthew Edward (New Jersey)

Meltzer, Joseph H. (Pennsylvania)

Muhic, Peter A (New Jersey)

Plaisted, James Atkinson (New Jersey)

Sklaire, Michael R. (Virginia)

Solomon, Lin Claire (New Jersey)

Taylor, Lindsey H (New Jersey)

Walder, Justin P (New Jersey)

Attorneys(s) for Defendant

Aronson, Eric S (New York)

Ho, Derek Tam (District of Columbia)

Nicodema, Michael A (New Jersey)

Sellinger, Philip R (New Jersey)

Von Nostrand, Aaron (New Jersey)

Other Attorney(s)

Cerimele, Ernesto (New Jersey)

Documents in the Clearinghouse

Document

2:13-cv-04989

0:16-01555

Docket [PACER]

James v. Global TelLink Corporation

Oct. 22, 2020

Oct. 22, 2020

Docket
1

2:13-cv-04989

Complaint and Demand for Jury Trial

James v. Global TelLink Corporation

Aug. 20, 2013

Aug. 20, 2013

Complaint
35

2:13-cv-04989

Opinion Denying Defendants' Motion to Dismiss

James v. Global TelLink Corporation

2014 WL 4425818

Sept. 8, 2014

Sept. 8, 2014

Order/Opinion
116

2:13-cv-04989

Opinion Denying Defendants' Motion to Compel Arbitration

James v. Global TelLink Corporation

2016 WL 589676

Feb. 11, 2016

Feb. 11, 2016

Order/Opinion

0:16-01555

Opinion of the Court

James v. Global TelLink Corporation

U. S. Court of Appeals for the Third Circuit

852 F.3d 262

Nov. 3, 2016

Nov. 3, 2016

Order/Opinion
181

2:13-cv-04989

Opinion Denying Defendants' Motion for Summary Judgment

James v. Global TelLink Corporation

2018 WL 3736478

Aug. 6, 2018

Aug. 6, 2018

Order/Opinion
179

2:13-cv-04989

Opinion Granting Plaintiffs' Motion for Class Certification

James v. Global TelLink Corporation

2018 WL 3727371

Aug. 6, 2018

Aug. 6, 2018

Order/Opinion
244

2:13-cv-04989

Opinion Granting In Part Defendants' Motions for Judgment on the Pleadings and Summary Judgment

James v. Global TelLink Corporation

2020 WL 998858

March 2, 2020

March 2, 2020

Order/Opinion
250-2

2:13-cv-04989

Settlement Agreement

James v. Global TelLink Corporation

May 28, 2020

May 28, 2020

Settlement Agreement
251

2:13-cv-04989

Order Granting Preliminary Approval of Proposed Settlement, Authorizing Dissemination of Notice of the Settlement and Scheduling a Hearing for Final Approval of the Proposed Settlement

James v. Global TelLink Corporation

July 15, 2020

July 15, 2020

Order/Opinion

Resources

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5826877/james-v-global-tellink-corporation/

Last updated Aug. 4, 2022, 3:08 a.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against DSI-ITI LLC, GLOBAL TELLINK CORPORATION, INMATE TELEPHONE SERVICE ( Filing and Admin fee $ 400 receipt number 5182956) with JURY DEMAND, filed by MILAN SKLADANY, CRYSTAL GIBSON, BARBARA SKLADANY, MARK SKLADANY, BOBBIE JAMES, JOHN F. CROW, BETTY KING. (Attachments: # 1 Civil Cover Sheet)(jjc) (Entered: 08/26/2013)

1 Civil Cover Sheet

View on PACER

Aug. 20, 2013

Aug. 20, 2013

RECAP
2

SUMMONS ISSUED as to DSI-ITI LLC, GLOBAL TELLINK CORPORATION, INMATE TELEPHONE SERVICE Attached is the official court Summons, please fill out Defendant and Plaintiffs attorney information and serve. Issued By *JAWEIA CAMPBELL* (jjc) (Entered: 08/26/2013)

Aug. 26, 2013

Aug. 26, 2013

PACER
3

NOTICE of Appearance by LINDSEY H. TAYLOR on behalf of All Plaintiffs (TAYLOR, LINDSEY) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

PACER
4

NOTICE of Appearance by JAMES ATKINSON PLAISTED on behalf of All Plaintiffs (PLAISTED, JAMES) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

PACER
5

NOTICE of Appearance by LIN CLAIRE SOLOMON on behalf of All Plaintiffs (SOLOMON, LIN) (Entered: 08/28/2013)

Aug. 28, 2013

Aug. 28, 2013

PACER

QC - Seal - Restricted Document (non-restricted)

Aug. 29, 2013

Aug. 29, 2013

PACER

CLERK'S QUALITY CONTROL MESSAGE - J. Plaisted has restricted access to the Notice of Appearance (doc #4) filed on 8/28/13 without an order or clarification as to why access was restricted. Please submit a certification stating that this document is to be marked Confidential Material or that this document's access was restricted in error. Please be advised, pursuant to Local Civil Rule 5.3, you must file a motion for leave to have a document sealed. (jd, )

Aug. 29, 2013

Aug. 29, 2013

PACER
6

Letter. (PLAISTED, JAMES) (Entered: 09/03/2013)

Sept. 3, 2013

Sept. 3, 2013

PACER
7

SUMMONS Returned Executed by MILAN SKLADANY, CRYSTAL GIBSON, BARBARA SKLADANY, MARK SKLADANY, BOBBIE JAMES, JOHN F. CROW, BETTY KING. DSI-ITI LLC served on 8/29/2013, answer due 9/19/2013. (TAYLOR, LINDSEY) (Entered: 09/10/2013)

Sept. 10, 2013

Sept. 10, 2013

PACER
8

Proposed Pretrial Order on Consent re extension of time to answer or otherwise respond to Complaint by DSI-ITI LLC, GLOBAL TELLINK CORPORATION. (VAN NOSTRAND, AARON) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

PACER

QC - Proposed Orders

Sept. 18, 2013

Sept. 18, 2013

PACER
9

NOTICE of Appearance by PHILIP R. SELLINGER on behalf of DSI-ITI LLC, GLOBAL TELLINK CORPORATION (SELLINGER, PHILIP) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

PACER
10

NOTICE of Appearance by AARON VAN NOSTRAND on behalf of DSI-ITI LLC, GLOBAL TELLINK CORPORATION (VAN NOSTRAND, AARON) (Entered: 09/18/2013)

Sept. 18, 2013

Sept. 18, 2013

PACER

CLERK'S QUALITY CONTROL MESSAGE - The Consent Order submitted by A. VAN NOSTRAND on 9/18/2013 must be executed by a Judicial Officer before filing. Please forward to the appropriate Judicial Officer in accordance with his/her preferred practice as found on our website. This submission will remain on the docket unless otherwise ordered by the court. This message is for informational purposes only. (nr, )

Sept. 18, 2013

Sept. 18, 2013

PACER
11

Letter from Aaron Van Nostrand. (Attachments: # 1 Text of Proposed Order)(VAN NOSTRAND, AARON) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
12

CONSENT ORDER extending deft's time to file an answer to 10/21/2013. Signed by Magistrate Judge Mark Falk on 9/19/2013. (nr, ) (Entered: 09/19/2013)

Sept. 19, 2013

Sept. 19, 2013

PACER
13

SUMMONS Returned Executed by MILAN SKLADANY, BARBARA SKLADANY, MARK SKLADANY, DSI-ITI LLC, BOBBIE JAMES, JOHN F. CROW, BETTY KING. INMATE TELEPHONE SERVICE served on 9/11/2013, answer due 10/2/2013. (TAYLOR, LINDSEY) (Entered: 10/07/2013)

Oct. 7, 2013

Oct. 7, 2013

PACER
14

Letter from Aaron Van Nostrand re 12 Order. (Attachments: # 1 Text of Proposed Order)(VAN NOSTRAND, AARON) (Entered: 10/16/2013)

Oct. 16, 2013

Oct. 16, 2013

PACER
15

CONSENT ORDER extending def's time to file an answer to 11/4/2013. Signed by Magistrate Judge Mark Falk on 10/17/2013. (nr, ) (Entered: 10/17/2013)

Oct. 17, 2013

Oct. 17, 2013

PACER
16

Letter from Aaron Van Nostrand re 15 Order. (Attachments: # 1 Text of Proposed Order)(VAN NOSTRAND, AARON) (Entered: 11/01/2013)

Nov. 1, 2013

Nov. 1, 2013

PACER
17

CONSENT ORDER granting GTL's and DSI-ITI's time to file an answer to the complt. to 11/18/2013. Signed by Magistrate Judge Mark Falk on 11/4/2013. (nr, ) (Entered: 11/04/2013)

Nov. 4, 2013

Nov. 4, 2013

PACER
18

Letter from Aaron Van Nostrand re 1 Complaint,. (Attachments: # 1 Text of Proposed Order on Consent)(VAN NOSTRAND, AARON) (Entered: 11/18/2013)

Nov. 18, 2013

Nov. 18, 2013

PACER
19

CONSENT ORDER extending deft's time to file an answer to the complt. to 11/22/2013. Signed by Magistrate Judge Mark Falk on 11/19/2013. (nr, ) (Entered: 11/19/2013)

Nov. 19, 2013

Nov. 19, 2013

PACER
20

MOTION to Dismiss by DSI-ITI LLC, GLOBAL TELLINK CORPORATION. (Attachments: # 1 Brief, # 2 Text of Proposed Order)(SELLINGER, PHILIP) (Entered: 11/22/2013)

Nov. 22, 2013

Nov. 22, 2013

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Nov. 22, 2013

Nov. 22, 2013

PACER

Set Deadlines as to 20 MOTION to Dismiss . Motion set for 12/16/2013 before Judge William J. Martini. The motion will be decided on the papers. No appearances required unless notified by the court. (nr, )

Nov. 22, 2013

Nov. 22, 2013

PACER
21

Letter from Co-Counsel for Plaintiffs. (SOLOMON, LIN) (Entered: 11/26/2013)

Nov. 26, 2013

Nov. 26, 2013

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Dec. 2, 2013

Dec. 2, 2013

PACER

Set Deadlines as to 20 MOTION to Dismiss . Responses due by 12/23/2013 Replies due by 12/30/2013. Motion set for 1/6/2014 before Judge William J. Martini. The motion will be decided on the papers. No appearances required unless notified by the court. (gh, )

Dec. 2, 2013

Dec. 2, 2013

PACER
22

Letter from Aaron Van Nostrand. (VAN NOSTRAND, AARON) (Entered: 12/20/2013)

Dec. 20, 2013

Dec. 20, 2013

PACER

Set/Reset Motion and R&R Deadlines/Hearings

Dec. 23, 2013

Dec. 23, 2013

PACER

Set Deadlines as to 20 MOTION to Dismiss . Responses due by 12/23/2013 Replies due by 1/10/2014. Motion set for 1/21/2014 before Judge William J. Martini. The motion will be decided on the papers. No appearances required unless notified by the court. (gh, )

Dec. 23, 2013

Dec. 23, 2013

PACER
23

BRIEF in Opposition filed by JOHN F. CROW, CRYSTAL GIBSON, BOBBIE JAMES, BETTY KING, BARBARA SKLADANY, MARK SKLADANY, MILAN SKLADANY re 20 MOTION to Dismiss (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Declaration of Lindsey H. Taylor, # 5 Exhibit A, # 6 Exhibit B, # 7 Exhibit C, # 8 Exhibit D)(CECCHI, JAMES) (Entered: 12/23/2013)

Dec. 23, 2013

Dec. 23, 2013

PACER
24

REPLY to Response to Motion filed by DSI-ITI LLC, GLOBAL TELLINK CORPORATION re 20 MOTION to Dismiss (Attachments: # 1 Certificate of Service)(SELLINGER, PHILIP) (Entered: 01/10/2014)

Jan. 10, 2014

Jan. 10, 2014

PACER
25

Letter from Lindsey H. Taylor Regarding Appeal of FCC Regulations re 24 Reply to Response to Motion, 23 Brief in Opposition to Motion, 20 MOTION to Dismiss . (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(TAYLOR, LINDSEY) (Entered: 01/15/2014)

Jan. 15, 2014

Jan. 15, 2014

PACER
26

Letter from Aaron Van Nostrand re 25 Letter,. (VAN NOSTRAND, AARON) (Entered: 01/16/2014)

Jan. 16, 2014

Jan. 16, 2014

PACER
27

Letter from Lindsey H. Taylor Regarding D.C. Circuit Appeal re 25 Letter, 26 Letter. (TAYLOR, LINDSEY) (Entered: 01/23/2014)

Jan. 23, 2014

Jan. 23, 2014

PACER
28

Letter from James E. Cecchi Requesting Rule 16 Conference. (CECCHI, JAMES) (Entered: 03/21/2014)

March 21, 2014

March 21, 2014

PACER
29

Letter from Aaron Van Nostrand re 28 Letter. (VAN NOSTRAND, AARON) (Entered: 03/25/2014)

March 25, 2014

March 25, 2014

PACER

Notice of Hearing on Motion

June 11, 2014

June 11, 2014

PACER

NOTICE of Hearing on Motion 20 MOTION to Dismiss : Motion set for 7/10/2014 10:00 AM before Judge William J. Martini. (gh, )

June 11, 2014

June 11, 2014

PACER

Notice of Hearing on Motion

June 17, 2014

June 17, 2014

PACER

NOTICE of Hearing on Motion 20 MOTION to Dismiss : Motion set for 7/16/2014 1:00PM before Judge William J. Martini. (gh, )

June 17, 2014

June 17, 2014

PACER
30

Letter from Aaron Van Nostrand re 20 MOTION to Dismiss . (VAN NOSTRAND, AARON) (Entered: 08/07/2014)

Aug. 7, 2014

Aug. 7, 2014

PACER
31

Minute Entry for proceedings held before Judge William J. Martini: Motions Taken Under Advisement: 20 Motion Hearing held on 8/13/2014 (Court Reporter/Recorder Walter Perelli.) (gh, ) (Entered: 08/13/2014)

Aug. 13, 2014

Aug. 13, 2014

PACER
32

Letter from Plaintiffs. (PLAISTED, JAMES) (Entered: 08/18/2014)

Aug. 18, 2014

Aug. 18, 2014

PACER
33

Letter from Philip R. Sellinger. (SELLINGER, PHILIP) (Entered: 08/26/2014)

Aug. 26, 2014

Aug. 26, 2014

PACER
34

Transcript of Proceedings held on August 13, 2014, before Judge WILLIAM J. MARTINI. Court Reporter/Transcriber Walter Perelli (973-645-2514). MOTION. NOTICE REGARDING REDACTION OF TRANSCRIPTS: The parties have seven (7) calendar days to file with the Court a Notice of Intent to Request Redaction of this Transcript. Redaction Request due 9/26/2014. Redacted Transcript Deadline set for 10/6/2014. Release of Transcript Restriction set for 12/4/2014. (ek) Modified on 9/5/2014 (mfr). (Entered: 09/05/2014)

Sept. 5, 2014

Sept. 5, 2014

PACER
35

OPINION. Signed by Judge William J. Martini on 9/8/14. (gh, ) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

RECAP
36

ORDER denying 20 Motion to Dismiss and staying action. Signed by Judge William J. Martini on 9/8/14. (gh, ) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER
37

ORDER granting Plaintiff leave to file a motion for specific limited discovery, etc. Signed by Judge William J. Martini on 9/8/14. (gh, ) (Entered: 09/08/2014)

Sept. 8, 2014

Sept. 8, 2014

PACER
38

Letter from James E. Cecchi Enclosing Proposed Order Withdrawing FCA Claims re 36 Order on Motion to Dismiss. (Attachments: # 1 Text of Proposed Order)(CECCHI, JAMES) (Entered: 09/19/2014)

Sept. 19, 2014

Sept. 19, 2014

PACER
39

Letter from Philip R. Sellinger re 38 Letter. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(SELLINGER, PHILIP) (Entered: 09/26/2014)

Sept. 26, 2014

Sept. 26, 2014

PACER
40

Letter from Plaintiffs. (PLAISTED, JAMES) (Entered: 10/01/2014)

Oct. 1, 2014

Oct. 1, 2014

RECAP
41

ORDER: Ordered that the Third and Fifth Count of Plaintiff's Complaint is withdrawn with prejudice; vacating the stay that was imposed on 9/8/14. Signed by Judge William J. Martini on 10/20/14. (gh, ) (Entered: 10/20/2014)

Oct. 20, 2014

Oct. 20, 2014

PACER
42

LETTER ORDER - In-Person Scheduling Conference set for 11/14/2014 at 11:30 AM in Newark - Courtroom 9 before Magistrate Judge Mark Falk. Signed by Magistrate Judge Mark Falk on 10/21/14. (LM, ) (Entered: 10/21/2014)

Oct. 21, 2014

Oct. 21, 2014

PACER
43

Letter from Aaron Van Nostrand. (Attachments: # 1 Proposed Consent Order)(VAN NOSTRAND, AARON) (Entered: 11/03/2014)

Nov. 3, 2014

Nov. 3, 2014

PACER
44

CONSENT ORDER extending deft's time to file an answer to 11/26/2014. Signed by Magistrate Judge Mark Falk on 11/5/2014. (nr, ) (Entered: 11/07/2014)

Nov. 6, 2014

Nov. 6, 2014

PACER
45

Letter from Lindsey H. Taylor Enclosing Joint Discovery Plan re 42 Order, Set Hearings, Set/Clear Flags. (Attachments: # 1 Joint Discovery Plan)(TAYLOR, LINDSEY) (Entered: 11/12/2014)

Nov. 12, 2014

Nov. 12, 2014

PACER

Scheduling Conference

Nov. 14, 2014

Nov. 14, 2014

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Scheduling Conference held on 11/14/2014. (LM, )

Nov. 14, 2014

Nov. 14, 2014

PACER
46

ANSWER to Complaint by DSI-ITI LLC, GLOBAL TELLINK CORPORATION.(VAN NOSTRAND, AARON) (Entered: 11/26/2014)

Nov. 26, 2014

Nov. 26, 2014

PACER
47

Letter from Lindsey H. Taylor Requesting Entry of Scheduling Order re 45 Letter, Scheduling Conference. (TAYLOR, LINDSEY) (Entered: 12/15/2014)

Dec. 15, 2014

Dec. 15, 2014

PACER
48

Letter from Aaron Van Nostrand re 47 Letter. (VAN NOSTRAND, AARON) (Entered: 12/16/2014)

Dec. 16, 2014

Dec. 16, 2014

PACER
49

Letter from Aaron Van Nostrand. (Attachments: # 1 Brief in support of defendants' request for bifurcation of discovery)(VAN NOSTRAND, AARON) (Entered: 12/19/2014)

Dec. 19, 2014

Dec. 19, 2014

PACER
50

Letter from James E. Cecchi Regarding Bifurcation of Discovery re 49 Letter. (CECCHI, JAMES) (Entered: 01/05/2015)

Jan. 5, 2015

Jan. 5, 2015

PACER
51

Letter from James E. Cecchi Regarding Request To Compel Discovery. (CECCHI, JAMES) (Entered: 01/08/2015)

Jan. 8, 2015

Jan. 8, 2015

PACER
52

Letter from Aaron Van Nostrand re 51 Letter. (VAN NOSTRAND, AARON) (Entered: 01/14/2015)

Jan. 14, 2015

Jan. 14, 2015

PACER
53

Letter from James E. Cecchi Regarding Discovery re 51 Letter, 50 Letter, 52 Letter. (CECCHI, JAMES) (Entered: 01/15/2015)

Jan. 15, 2015

Jan. 15, 2015

PACER
54

TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on Tuesday, January 26, 2015, at 10:00 a.m. Defendants are directed to arrange and initiate the conference call. Ordered by Magistrate Judge Mark Falk on 1/23/15. (LM, ) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

PACER
55

AMENDED TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on Tuesday, January 27, 2015, 10:00 a.m. Defendants are directed to arrange and initiate the conference call. Ordered by Magistrate Judge Mark Falk on 1/23/15.. Signed by Magistrate Judge Mark Falk on 1/23/15. (LM, ) (Entered: 01/23/2015)

Jan. 23, 2015

Jan. 23, 2015

PACER
56

TEXT ORDER - Due to anticipated inclement weather, the conference scheduled for Tuesday, January 27, 2015, is hereby adjourned. It will be rescheduled as soon as practicable. Ordered by Magistrate Judge Mark Falk on 1/26/15. (LM, ) (Entered: 01/26/2015)

Jan. 26, 2015

Jan. 26, 2015

PACER
57

TEXT ORDER: Please be advised that the telephone conference before the Undersigned on 1/27/2015 is hereby rescheduled to January 30, 2015 at 10:30 a.m. Defendants are directed to arrange and initiate the conference call. Ordered by Magistrate Judge Mark Falk on 1/28/15. (LM, ) (Entered: 01/28/2015)

Jan. 28, 2015

Jan. 28, 2015

PACER
58

TEXT ORDER: Please be advised that the telephone conference before the Undersigned on 1/30/2015 is hereby rescheduled to February 3, 2015 at 11:00 a.m. Defendants are directed to arrange and initiate the conference call. Ordered by Magistrate Judge Mark Falk on 1/3028/15. (LM, ) (Entered: 01/30/2015)

Jan. 30, 2015

Jan. 30, 2015

PACER

Status Conference

Feb. 3, 2015

Feb. 3, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Status Conference held on 2/3/2015. (LM, )

Feb. 3, 2015

Feb. 3, 2015

PACER
59

LETTER ORDER denying defts' 49 request to bifurcate discovery. Signed by Magistrate Judge Mark Falk on 2/5/2015. (nr, ) (Entered: 02/05/2015)

Feb. 5, 2015

Feb. 5, 2015

PACER
60

Letter from Lindsey H. Taylor Enclosing Revised Joint Discovery Plan re 59 Order. (Attachments: # 1 Revised Joint Discovery Plan)(TAYLOR, LINDSEY) (Entered: 02/17/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
61

SCHEDULING ORDER: Telephone Status Conference set for 3/26/2015 11:30 AM before Magistrate Judge Mark Falk. Amended Pleadings due by 5/29/2015. Fact Discovery due by 7/31/2015.. Signed by Magistrate Judge Mark Falk on 2/17/2015. (nr, ) (Entered: 02/18/2015)

Feb. 17, 2015

Feb. 17, 2015

PACER
62

Letter from Lindsey H. Taylor Regarding Discovery Confidentiality Order. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Declaration of Lindsey H. Taylor In Support of Entry of Discovery Confidentiality Order)(TAYLOR, LINDSEY) (Entered: 03/03/2015)

March 3, 2015

March 3, 2015

PACER
63

TEXT ORDER: The Court has received Plaintiffs' letter regarding a dispute over the terms of a discovery confidentiality order. The parties are directed to paragraph 10 of the Scheduling Order entered on February 17, 2015, for direction on how discovery is to proceed while this dispute is pending. Please be guided accordingly. Ordered by Magistrate Judge Mark Falk on 3/4/15. (LM, ) (Entered: 03/04/2015)

March 4, 2015

March 4, 2015

PACER
64

Letter from Aaron Van Nostrand re 62 Letter,. (VAN NOSTRAND, AARON) (Entered: 03/05/2015)

March 5, 2015

March 5, 2015

PACER
65

Letter from Aaron Van Nostrand. (Attachments: # 1 Proposed Amended Answer, # 2 Redline version of proposed Amended Answer)(VAN NOSTRAND, AARON) (Entered: 03/06/2015)

March 6, 2015

March 6, 2015

PACER
66

TEXT ORDER: Court has received Defendants' letter dated March 6, 2015. The request to amend, which is unopposed, is granted. Defendants should file their amended pleading immediately. The request for an adjournment of the March 25 conference is also granted. The conference will now proceed on April 2, 2015, at 10:00 a.m. Ordered by Magistrate Judge Mark Falk on 3/9/15. (LM, ) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

PACER
67

AMENDED ANSWER to Complaint by DSI-ITI LLC, GLOBAL TELLINK CORPORATION. (Attachments: # 1 Certificate of Service)(VAN NOSTRAND, AARON) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

PACER
68

Letter from Lindsey H. Taylor Regarding Discovery Confidentiality Order re 64 Letter, 62 Letter,. (TAYLOR, LINDSEY) (Entered: 03/09/2015)

March 9, 2015

March 9, 2015

PACER

Status Conference

April 2, 2015

April 2, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 4/2/2015. (LM, )

April 2, 2015

April 2, 2015

PACER
69

Letter from James E. Cecchi Requesting Permission To File Formal Motion Regarding Production Of Documents. (CECCHI, JAMES) (Entered: 04/27/2015)

April 27, 2015

April 27, 2015

PACER
70

TEXT ORDER: Please be advised that there shall be a telephone conference before the Undersigned on May 1, 2015 at 10:45 a.m. Plaintiff's counsel is directed to arrange and initiate the conference call. Ordered by Magistrate Judge Mark Falk on 4/29/15.(LM, ) (Entered: 04/29/2015)

April 29, 2015

April 29, 2015

PACER
71

Letter from Aaron Van Nostrand re 70 Order,. (VAN NOSTRAND, AARON) (Entered: 04/29/2015)

April 29, 2015

April 29, 2015

PACER
72

Letter from Aaron Van Nostrand. (Attachments: # 1 Proposed Discovery Confidentiality Order)(VAN NOSTRAND, AARON) (Entered: 04/30/2015)

April 30, 2015

April 30, 2015

PACER
73

Discovery Confidentiality Order. Signed by Magistrate Judge Mark Falk on 5/1/2015. (nr, ) (Entered: 05/01/2015)

May 1, 2015

May 1, 2015

PACER
74

Letter from Aaron Van Nostrand re 69 Letter. (VAN NOSTRAND, AARON) (Entered: 05/04/2015)

May 4, 2015

May 4, 2015

PACER

Status Conference

May 5, 2015

May 5, 2015

PACER

Minute Entry for proceedings held before Magistrate Judge Mark Falk: Telephone Conference held on 5/5/2015. (LM, )

May 5, 2015

May 5, 2015

PACER
75

Letter from Philip R. Sellinger. (SELLINGER, PHILIP) (Entered: 05/06/2015)

May 6, 2015

May 6, 2015

PACER
76

Letter from James E. Cecchi Regarding GTL Request For Permission To File Motions re 75 Letter. (CECCHI, JAMES) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER
77

Exhibit to 76 Letter by JOHN F. CROW, CRYSTAL GIBSON, BOBBIE JAMES, BETTY KING, BARBARA SKLADANY, MARK SKLADANY, MILAN SKLADANY. (CECCHI, JAMES) (Entered: 05/08/2015)

May 8, 2015

May 8, 2015

PACER
78

Letter from Philip R. Sellinger re 76 Letter. (SELLINGER, PHILIP) (Entered: 05/14/2015)

May 14, 2015

May 14, 2015

PACER

Case Details

State / Territory: New Jersey

Case Type(s):

Prison Conditions

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: Aug. 20, 2013

Closing Date: Oct. 10, 2020

Case Ongoing: No

Plaintiffs

Plaintiff Description:

All persons of the United States who, between 2006 and 2016, were incarcerated in a New Jersey prison or correctional institution and who used the phone system provided by Defendants, or who established an AdvancePay account with Defendants in order to receive telephone calls from a person incarcerated in New Jersey, excluding Essex County prior to June 2010, or persons receiving calls from persons incarcerated in Essex County prior to June 2011.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Global Tel*Link (Mobile), Private Entity/Person

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Constitutional Clause(s):

Takings

Availably Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 333325000

Issues

General:

Phone