Case: Human Rights Defense Center v. Inch

9:21-cv-81391 | U.S. District Court for the Southern District of Florida

Filed Date: Aug. 10, 2021

Closed Date: March 31, 2023

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Case Summary

The Human Rights Defense Center, a non-profit organization dedicated to protecting human rights in U.S. detention facilities, filed this lawsuit on August 10, 2021. The plaintiff filed suit in the United States District Court for the Southern District of Florida against the Florida Department of Corrections (Department of Corrections) and the warden of the Everglades Correctional Institution (Everglades). The presiding judge was Judge Donald M. Middlebrooks. The plaintiff alleged that Departmen…

The plaintiff alleged that Department of Corrections and Everglades violated the First and Fourteenth Amendment rights of the Human Rights Defense Center and individuals incarcerated in the Everglades Correctional Institution by censoring and impounding publications produced by the Human Rights Defense Center that notified incarcerated persons of their rights. Represented by private and in-house counsel, the Human Rights Defense Center sought declaratory and injunctive relief, compensatory damages, and punitive damages.

The defendants separately moved to dismiss the case for failure to state a claim, attempting to invoke qualified immunity and Eleventh Amendment immunity, on October 11, 2021, and November 1, 2021. In response, the Human Rights Defense Center moved to continue to trial. Following these events, the court referred the case to mediation, denied the plaintiff's motion to continue, and tentatively set a jury trial date for April 2022. The motion to continue was likely denied to require the plaintiffs to participate in mediation.

The Human Rights Defense Center then filed an amended complaint against the defendants on December 16, 2021, which contained the same general allegations and added an additional defendant, the former assistant warden of the Santa Rosa Correctional Institution. Sixteen days thereafter, the defendants again moved to dismiss for failure to state a claim along substantially similar grounds as their first motion.

The case was then referred to mediation again, and the court rescheduled a jury trial for July 2022. As of March 24, 2022, the case was ongoing.

MY EDITS START HERE

On March 11, 2022 the parties filed a motion to stay discovery and continue discovery related deadlines pending resolution of the defendants' motion to dismiss. Three days later the court granted the order in part and denied in part. The court found good cause to extend the March 11, 2022 deadline to file a discovery plan. Accordingly, the parties were ordered to file a discovery plan on or by March 24, 2022. With respect to the remainder of the pretrial schedule, considering the time that remained prior to the expiration of the discovery-related deadlines, the court left those deadlines in place.

On March 24, 2022 the court denied the motion to dismiss. The court asserted the following:

Shotgun pleading: The court determined that plaintiff's complaint was not a shotgun pleading and it included a sufficient factual basis to apprise the defendants of the charges against them which was all that was needed at that stage.
First Amendment Claims (Count One): Plaintiff's First Amendment claim was not precluded by prior precedent. The defendants had pointed to Prison Legal News v. Florida Department of Corrections a case in which a similar issue was at stake. The court determined that this precedent did not control because the facts were different enough that the holding of that case did not necessarily apply.
Vagueness and Overbreadth Claims (Counts Two and Three): Defendants had once again pointed to the prior case mentioned above, but the court once again determined that the differences between the case precluded dismissal.
Due Process Claims (Counts Four and Five): The court held that the plaintiff had sufficiently pled this claim to survive dismissal and defendants' mere assertions that plaintiff had received notice was not enough.
Venue: Venue was proper because while plaintiff had mentioned an injunction ordered by the Northern District Court of Florida, the plaintiff had alleged new claims.
Immunity:
1. Sovereign Immunity: Plaintiff's First Amended Complaint only sought nominal and compensatory damages against defendants sued in their individual capacities so no claims were dismissible on a sovereign immunity basis.
2. Qualified Immunity: "Defendants were on notice that impounding plaintiff's publications without prior notice violated plaintiff's clearly established constitutional rights. Therefore, defendants are not now shielded by the doctrine of qualified immunity."
3. Individual Liability: Plaintiff's allegation of facts that implied causal connection between the actions of subordinates and their supervisors was enough to bring individual liability upon defendants Inch and Colon.
Punitive Damages: Plaintiff had properly alleged facts sufficient to support a conclusion that defendants acted willfully or maliciously.
Ripeness: The plaintiff's claims were ripe.

2022 WL 19486385.

On June 23, 2022 the defendants filed a motion for summary judgment. At issue in the case was that by impounding the plaintiff's publications the defendants were in violation of the plaintiff's First and Fourteenth Amendment Rights. FDOC's Admissible Reading Material Rule (ARM) was at issue because plaintiff had argued it was unconstitutionally ague and over broad. A provision of the ARM rule limited the type of publications that could be received in the mail by inmates and prohibited publications that included certain advertisements or activities or services.

They argued that the plaintiff's First Amendment rights were not violated by the ARM rule because the defendants implementation of the rule, whereby publications adverse to FDOC's penological interests were rejected while providing notice to the publisher and inmate, was a reasonable practice that balanced the interests of both FDOC and the publisher and inmate.

On the same day the plaintiff also filed a motion for summary judgment, but the accompanying memorandum was not available.

On August 18, 2022 the court granted in part and deferred ruling in part on the defendant's motion for summary judgment.

The court granted summary judgment to defendant Inch on plaintiff's remaining damages claims for loss of actual and potential subscribers and customers. Plaintiff's conclusory assertions of lost subscribers and damage without evidentiary support was not enough to survive summary judgment. The court deferred ruling on the remainder of defendant's summary judgment motion. 2022 WL 4242727.

On August 24, 2022 the court dismissed the case as to defendant Micha Neal and defendant does 1-7 in response to the plaintiff's status report filed on August 22, 2022 that claimed they were no longer pursuing their claims against these defendants.

On the same day the court also granted in part the defendants' motion for summary judgment and denied the plaintiff's motion for summary judgment. The court found that defendants Inch and Colon were entitled to qualified immunity because the plaintiff had failed to fulfill their burden of proving that there was a clearly established requirement that defendants had crossed thereby waiving their immunity. The court then addressed plaintiff's individual claims. As to plaintiff's first amendment claim (count 1) the court held that at this point in the litigation the facts were not developed enough to rule on the parties arguments and denied both parties motions as to count 1.

As to plaintiff's claims that the rule was void for vagueness and over breadth. As those claims were based on the prior rule they were dismissed because the Eleventh Amendment bared the plaintiff from seeking retrospective relief from the defendants in their officials capacities for the prior version of the rule.

As to the current version of the rule plaintiff's vagueness claim was also dismissed because there was fair notice of prohibited conduct and was not standard less as a matter of law. The defendants were also granted summary judgment on plaintiff's over breadth claim because it was not per se unconstitutional to impound a publication for a singular objectionable ad.

The court also granted summary judgment in favor of the defendants on plaintiff's procedural due process claim because the defendants had brought forward undisputed evidence that FDOC had provided notice and an opportunity to be heard upon impoundment of the publications and any error rate was negligible.

Lastly, the court granted summary judgment in favor of the defendants on the plaintiff's claim of substantive due process asserting that defendants' conduct was not a violation and plaintiff's assertion that it should be assessed under an arbitrary and capricious standard was incorrect. 2022 WL 4243921.

On March 29, 2023 after a bench trial the court dismissed the plaintiffs as-applied First Amendment challenge to FDOC's impoundments of ads containing fantasy sports without prejudice for lacking subject-matter jurisdiction. The court also granted the defendants judgment in its favor on plaintiff's First Amendment claim as to every other impoundment at issue.

Plaintiff's claim in regards to fantasy sports was not yet ripe because the ARM rule had not yet been applied to these ads and plaintiffs had launched an as-applied challenge to the rule. As to the rest of the First Amendment claim the court said that the rest of the ads fell squarely within the Eleventh Circuit's opinion in Prison Legal News v. Secretary, Florida Department of Corrections, 890 F.3d 954. 2023 WL 2704949.

This case is closed.

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Summary Authors

Betsy Sheppard (1/24/2022)

Betsy Sheppard (3/24/2022)

Rhea Sharma (5/2/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/60121152/parties/human-rights-defense-center-v-inch/

Judge(s)

Middlebrooks, Donald M. (Florida)

Attorney for Plaintiff

Hageman, Eric D (District of Columbia)

Isom, Jesse Woodson (Florida)

Marshall, Daniel (Florida)

McGinley, Michael H. (District of Columbia)

Judge(s)

Middlebrooks, Donald M. (Florida)

Attorney for Plaintiff

Hageman, Eric D (District of Columbia)

Isom, Jesse Woodson (Florida)

Marshall, Daniel (Florida)

McGinley, Michael H. (District of Columbia)

Norman, Casey (New York)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
9:21-cv-81391	Docket [PACER]	Aug. 25, 2021	Aug. 25, 2021 Docket
1 9:21-cv-81391	Complaint	Aug. 10, 2021	Aug. 10, 2021 Complaint
17 9:21-cv-81391	Defendant's Motion to Dismiss	Oct. 11, 2021	Oct. 11, 2021 Pleading / Motion / Brief
24 9:21-cv-81391	Defendant's Motion to Dismiss	Nov. 1, 2021	Nov. 1, 2021 Pleading / Motion / Brief
27 9:21-cv-81391	Pretrial Scheduling Order and Order Referring Case to Mediation	Nov. 5, 2021	Nov. 5, 2021 Order/Opinion
39 9:21-cv-81391	First Amended and Supplemental Complaint	Dec. 16, 2021	Dec. 16, 2021 Complaint
42 9:21-cv-81391	Defendants' Motion to Dismiss Plaintiff's First Amended and Supplemental Complaint	Dec. 31, 2021	Dec. 31, 2021 Pleading / Motion / Brief
54 9:21-cv-81391	Joint Motion to Stay Discovery and Continue Discovery-Related Deadlines	March 11, 2022	March 11, 2022 Pleading / Motion / Brief
9:21-cv-81391	Order on Motion to Dismiss First Amended Complaint	March 24, 2022	March 24, 2022 Order/Opinion
137 9:21-cv-81391	Order Granting in Part and Deferring Ruling in Part on Defendants’ Motion for Summary Judgment and Denying as Moot Defendants’ Expedited Motion to Strike	Aug. 18, 2022	Aug. 18, 2022 Order/Opinion

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Resources

Title	Description		External URL Date / External URL
Publisher Again Challenges Censorship of Publications by Florida DOC Human Rights Defense Center	The Human Rights Defense Center (HRDC) has filed suit in the United States Southern District of Florida to challenge censorship by the Florida Department of Corrections (FDOC) and Secretary Mark S. I…	Aug. 10, 2021	Aug. 10, 2021 https://www.humanrightsdefensecenter.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/60121152/human-rights-defense-center-v-inch/

Last updated July 11, 2023, 9:53 p.m.

ECF Number	Description	Date	Link Date / Link
1	Complaint pursuant to 42 USC 1983 for Damages and Declaratory and Injunctive Relief against Jose Colon, Mark S. Inch. Filing fee $ 402.00 receipt number AFLSDC-14914386, filed by Human Rights Defense Center. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Exhibit PLN July 2021, # 4 Exhibit CLN July 2021, # 5 Exhibit DSHLM table of contents, # 6 Exhibit DSHLM notice of impoundment 1, # 7 Exhibit DSHLM notice of impoundment 2, # 8 Exhibit DSHLM pages 1-15, # 9 Exhibit PLN notice July 2021, # 10 Exhibit PLN notice June 2021, # 11 Exhibit PLN notice May 2021, # 12 Exhibit PLN notice Sept 2020, # 13 Exhibit CLN notice July 2021, # 14 Exhibit CLN notice April 2021, # 15 Exhibit CLN notice March 2021, # 16 Exhibit CLN notice Feb 2021)(Marshall, Daniel) (Entered: 08/10/2021)	Aug. 10, 2021	Aug. 10, 2021 Clearinghouse
2	Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pes) (Entered: 08/10/2021)	Aug. 10, 2021	Aug. 10, 2021 PACER
3	Summons Issued as to Jose Colon, Mark S. Inch. (pes) (Entered: 08/10/2021)	Aug. 10, 2021	Aug. 10, 2021 PACER
4	Bar Letter re: Admissions sent to attorney Michael H. McGinley, Eric D. Hageman, Casey Norman, mailing date August 10, 2021, (pt) (Entered: 08/10/2021)	Aug. 10, 2021	Aug. 10, 2021 PACER
	Clerk's Notice of Judge Assignment and Optional Consent	Aug. 10, 2021	Aug. 10, 2021 PACER
5	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Michael H. McGinley. Filing Fee $ 200.00 Receipt # AFLSDC-14955122 by Human Rights Defense Center. Responses due by 9/7/2021 (Attachments: # 1 Certification Certification, # 2 Text of Proposed Order Proposed Order)(Marshall, Daniel) (Entered: 08/24/2021)	Aug. 24, 2021	Aug. 24, 2021 PACER
6	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Casey Norman. Filing Fee $ 200.00 Receipt # AFLSDC-14955194 by Human Rights Defense Center. Responses due by 9/7/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Marshall, Daniel) (Entered: 08/24/2021)	Aug. 24, 2021	Aug. 24, 2021 PACER
7	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric D. Hageman. Filing Fee $ 200.00 Receipt # AFLSDC-14955200 by Human Rights Defense Center. Responses due by 9/7/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Marshall, Daniel) (Entered: 08/24/2021)	Aug. 24, 2021	Aug. 24, 2021 PACER
8	PAPERLESS ORDER granting 5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Michael H. McGinley. Signed by Judge Donald M. Middlebrooks on 8/25/2021. (hck) (Entered: 08/25/2021)	Aug. 25, 2021	Aug. 25, 2021 PACER
9	PAPERLESS ORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Eric D. Hageman. Signed by Judge Donald M. Middlebrooks on 8/25/2021. (hck) (Entered: 08/25/2021)	Aug. 25, 2021	Aug. 25, 2021 PACER
10	PAPERLESS ORDER denying without prejudice 6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Casey Norman. Pro Hac Vice attorney Casey Norman could not be found in the New York Bar's records as listed in the motion. Accordingly, the motion is denied without prejudice. Signed by Judge Donald M. Middlebrooks on 8/25/2021. (kal) (Entered: 08/25/2021)	Aug. 25, 2021	Aug. 25, 2021 PACER
	Attorney Casey Norman representing Human Rights Defense Center (Plaintiff) terminated. Notice of Termination delivered by US Mail to Casey Norman. SEE DE 10 ORDER (ail)	Aug. 25, 2021	Aug. 25, 2021 PACER
	~Util - Terminate Attorneys	Aug. 26, 2021	Aug. 26, 2021 PACER
	Order on Motion to Appear Pro Hac Vice	Aug. 26, 2021	Aug. 26, 2021 PACER
11	NOTICE of Attorney Appearance by Kristen Jennifer Lonergan on behalf of Mark S. Inch. Attorney Kristen Jennifer Lonergan added to party Mark S. Inch(pty:dft). (Lonergan, Kristen) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 PACER
12	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Katherine Norman. Filing Fee $ 200.00 Receipt # AFLSDC-14989520 by Human Rights Defense Center. Responses due by 9/21/2021 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(Marshall, Daniel) (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021 PACER
13	PAPERLESS ORDER granting 12 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Katherine Norman. Signed by Judge Donald M. Middlebrooks on 9/9/2021. (kal) (Entered: 09/09/2021)	Sept. 9, 2021	Sept. 9, 2021 PACER
14	Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint 42 USC 1983 or Bivens,,, by Mark S. Inch. (Lonergan, Kristen) (Entered: 09/10/2021)	Sept. 10, 2021	Sept. 10, 2021 PACER
	Order on Motion to Appear Pro Hac Vice	Sept. 10, 2021	Sept. 10, 2021 PACER
15	PAPERLESS ORDER granting in part 14 Unopposed Motion for Extension of Time. Defendant Inch moves for a 45-day extension of time to respond to the complaint. In support, Defendant states that co-counsel has been out of the office since September 7 and lead counsel "has been out of the office" and will be occupied "preparing for an upcoming trial in the Northern District of Florida for the majority of the month." Defendant also indicates that lead counsel has not yet been admitted to the U.S. District Court for the Southern District of Florida. Motions for extension of time must establish good cause supported by specific facts. Generalized references to counsel's workload and unspecified dates of unavailability fall short of the good cause standard. However, since the relief is unopposed and supported by some facts, I will grant a 30-day extension. Accordingly, Defendant shall respond to Plaintiff's Complaint on or before October 11, 2021. I will not grant any further extensions of this filing deadline absent compelling circumstances. Signed by Judge Donald M. Middlebrooks on 9/14/2021. (kal) (Entered: 09/14/2021)	Sept. 14, 2021	Sept. 14, 2021 PACER
	Order on Motion for Extension of Time to File Response/Reply/Answer	Sept. 14, 2021	Sept. 14, 2021 PACER
16	NOTICE of Attorney Appearance by Lori Ann Huskisson on behalf of Jose Colon, Mark S. Inch. Attorney Lori Ann Huskisson added to party Jose Colon(pty:dft), Attorney Lori Ann Huskisson added to party Mark S. Inch(pty:dft). (Huskisson, Lori) (Entered: 09/21/2021)	Sept. 21, 2021	Sept. 21, 2021 PACER
17	MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens,,, FOR FAILURE TO STATE A CLAIM by Mark S. Inch. Responses due by 10/25/2021 (Huskisson, Lori) (Entered: 10/11/2021)	Oct. 11, 2021	Oct. 11, 2021 Clearinghouse
18	NOTICE of Attorney Appearance by Jesse Woodson Isom on behalf of Human Rights Defense Center (Isom, Jesse) (Entered: 10/21/2021)	Oct. 21, 2021	Oct. 21, 2021 PACER
19	ORDER REFERRING CASE AND SETTING TRIAL DATE: Trial set for 4/25/2022 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 4/20/2022 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 10/21/2021. See attached document for full details. (ail) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 10/21/2021)	Oct. 21, 2021	Oct. 21, 2021 PACER
20	NOTICE of Attorney Appearance by Kristen Jennifer Lonergan on behalf of Jose Colon. Attorney Kristen Jennifer Lonergan added to party Jose Colon(pty:dft). (Lonergan, Kristen) (Entered: 10/22/2021)	Oct. 22, 2021	Oct. 22, 2021 PACER
21	Joint MOTION for Extension of Time to File Response/Reply/Answer by Jose Colon, Mark S. Inch. (Lonergan, Kristen) (Entered: 10/22/2021)	Oct. 22, 2021	Oct. 22, 2021 PACER
22	PAPERLESS ORDER granting 21 Joint Motion to Extend Time to Respond to Complaint. On October 22, 2021, the Parties jointly filed a motion seeking to extend Defendant Colon's deadline to respond to the complaint until November 8, 2021 and Plaintiff's deadline to respond to both (1) Defendant Colon's response and (2) Defendant Inch's pending Motion to Dismiss (DE 17 ) until 14 days after Defendant Colon's filing. In support, the Parties state that Defendant Colon's counsel inadvertently mis-calendared the deadline. The Parties further state that a corresponding extension for Plaintiff will avoid duplicative filings and enable Plaintiff to respond to the positions of both Defendants. I find good cause to grant the requested relief. Accordingly, Defendant Colon shall respond to Plaintiff's complaint on or by November 8, 2021. Plaintiff shall respond to Defendant Colon's filing and Defendant Inch's Motion to Dismiss on or by November 22, 2021. The Parties are advised that these deadlines will not be extended further absent extraordinary circumstances. Signed by Judge Donald M. Middlebrooks on 10/25/2021. (kal) (Entered: 10/25/2021)	Oct. 25, 2021	Oct. 25, 2021 PACER
	Order on Motion for Extension of Time to File Response/Reply/Answer	Oct. 25, 2021	Oct. 25, 2021 PACER
23	PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 11/5/2021 at 10:30 AM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed prior to the scheduling conference. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 10/29/2021. (no00) (Entered: 10/29/2021)	Oct. 29, 2021	Oct. 29, 2021 PACER
	~Util - Set/Reset Hearings AND - Order (PAPERLESS or pdf attached)	Oct. 29, 2021	Oct. 29, 2021 PACER
	- Order (PAPERLESS or pdf attached) AND ~Util - Set/Reset Hearings	Oct. 29, 2021	Oct. 29, 2021 PACER
24	MOTION TO DISMISS 1 Complaint 42 USC 1983 or Bivens,,, FOR FAILURE TO STATE A CLAIM by Jose Colon. Responses due by 11/15/2021 (Huskisson, Lori) (Entered: 11/01/2021)	Nov. 1, 2021	Nov. 1, 2021 Clearinghouse
25	MOTION to Continue Trial Date by Human Rights Defense Center. Responses due by 11/19/2021 (Marshall, Daniel) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
26	PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 11/5/2021. The Court discussed the trial date, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached and discovery issues and good faith conferral. Written scheduling order and order of referral to mediation will be issued Total time in court: 17 minutes. Attorney Appearance(s): Michael H. McGinley, Eric D. Hageman, Daniel Lucas Marshall, Jesse Woodson Isom and Tooba Hussain for Plaintiff; Lori Ann Huskisson and Kristen Jennifer Lonergan for Defendants. (Digital 10:30:41) (kza) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 PACER
27	PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: (Jury Trial set for 4/25/2022 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 4/20/2022 01:15 PM before Judge Donald M. Middlebrooks., Amended Pleadings due by 12/3/2021., Discovery due by 2/10/2022., Joinder of Parties due by 12/3/2021., In Limine Motions due by 2/24/2022., Pretrial Motions due by 2/24/2022., Joint Pretrial Stipulation due by 3/28/2022.). Signed by Magistrate Judge William Matthewman on 11/5/2021. See attached document for full details. (jas) (Entered: 11/05/2021)	Nov. 5, 2021	Nov. 5, 2021 Clearinghouse
	Scheduling Conference	Nov. 5, 2021	Nov. 5, 2021 PACER
28	ORDER denying 25 Motion to Continue. Signed by Judge Donald M. Middlebrooks on 11/8/2021. See attached document for full details. (ail) (Entered: 11/09/2021)	Nov. 9, 2021	Nov. 9, 2021 RECAP
28	ORDER denying 25 Motion to Continue. Signed by Judge Donald M. Middlebrooks on 11/8/2021. See attached document for full details. (ail) (Entered: 11/09/2021)	Nov. 9, 2021	Nov. 9, 2021 RECAP
29	MOTION to Stay re 27 Scheduling Order,,, Order Referring Case to Mediation,, Opposed Motion to Stay Discovery by Jose Colon, Mark S. Inch. Responses due by 11/23/2021 (Attachments: # 1 Proposed Order)(Huskisson, Lori) (Entered: 11/09/2021)	Nov. 9, 2021	Nov. 9, 2021 PACER
30	PAPERLESS ORDER EXPEDITING BRIEFING. On November 9, 2021, Defendants filed a Motion to Stay Discovery (DE 29 ). The certificate of conferral indicates that the motion is opposed. In order to address this issue without unnecessary delay, I will expedite the briefing schedule on this motion. Accordingly, Plaintiff shall respond to Defendants' motion on or by November 16, 2021. Signed by Judge Donald M. Middlebrooks on 11/10/2021. (kal) (Entered: 11/10/2021)	Nov. 10, 2021	Nov. 10, 2021 PACER
	~Util - Set/Reset Motion/R&R Deadlines and Hearings AND - Order (PAPERLESS or pdf attached)	Nov. 10, 2021	Nov. 10, 2021 PACER
31	RESPONSE to Motion re 29 MOTION to Stay re 27 Scheduling Order,,, Order Referring Case to Mediation,, Opposed Motion to Stay Discovery filed by Human Rights Defense Center. Replies due by 11/19/2021. (Marshall, Daniel) (Entered: 11/12/2021)	Nov. 12, 2021	Nov. 12, 2021 PACER
32	ORDER granting 29 Motion to Stay Discovery Signed by Judge Donald M. Middlebrooks on 11/16/2021. See attached document for full details. (ail) (Entered: 11/17/2021)	Nov. 17, 2021	Nov. 17, 2021 PACER
33	NOTICE by Jose Colon, Mark S. Inch re 27 Scheduling Order,,, Order Referring Case to Mediation,, Regarding Order of Referral to Mediation/Settlement Conference (Lonergan, Kristen) (Entered: 11/19/2021)	Nov. 19, 2021	Nov. 19, 2021 PACER
34	Plaintiff's MOTION for Leave to File Supplemental Complaint by Human Rights Defense Center. (Attachments: # 1 Exhibit First Amended & Supplemental Complaint, # 2 Exhibit Ex. 1 to FAC, # 3 Exhibit Ex. 2 to FAC, # 4 Exhibit Ex. 3 to FAC, # 5 Exhibit Ex. 4 to FAC, # 6 Exhibit Ex. 5 to FAC, # 7 Exhibit Ex. 6 to FAC, # 8 Exhibit Ex. 7 to FAC, # 9 Exhibit Ex. 8 to FAC, # 10 Exhibit Ex. 9 to FAC, # 11 Exhibit Ex. 10 to FAC, # 12 Exhibit Ex. 11 to FAC, # 13 Exhibit Ex. 12 to FAC, # 14 Exhibit Ex. 13 to FAC, # 15 Exhibit Ex. 14 to FAC, # 16 Exhibit Ex. 15 to FAC, # 17 Exhibit Ex. 16 to FAC)(Marshall, Daniel) (Entered: 11/22/2021)	Nov. 22, 2021	Nov. 22, 2021 PACER
35	PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. Plaintiff filed a Motion for Leave to Supplement Complaint, and the Motion indicates that Defendants oppose the requested relief. (DE 34 ). To resolve this issue without unnecessary relay, I will expedite the briefing schedule on this Motion. Therefore, Defendants shall respond by December 3, 2021. Signed by Judge Donald M. Middlebrooks on 11/29/2021. (kal) (Entered: 11/29/2021)	Nov. 29, 2021	Nov. 29, 2021 PACER
	~Util - Set/Reset Motion/R&R Deadlines and Hearings AND - Order (PAPERLESS or pdf attached)	Nov. 29, 2021	Nov. 29, 2021 PACER
36	RESPONSE in Opposition re 34 Plaintiff's MOTION for Leave to File Supplemental Complaint and Amend Complaint filed by Jose Colon, Mark S. Inch. Replies due by 12/10/2021. (Huskisson, Lori) (Entered: 12/03/2021)	Dec. 3, 2021	Dec. 3, 2021 PACER
37	REPLY to Response to Motion re 34 Plaintiff's MOTION for Leave to File Supplemental Complaint filed by Human Rights Defense Center. (Marshall, Daniel) (Entered: 12/10/2021)	Dec. 10, 2021	Dec. 10, 2021 PACER
38	ORDER granting 34 Motion for Leave to Supplement Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Amended Complaint due by 12/17/2021. Signed by Judge Donald M. Middlebrooks on 12/15/2021. See attached document for full details. (ls) (Entered: 12/16/2021)	Dec. 15, 2021	Dec. 15, 2021 PACER
39	First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Human Rights Defense Center. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit)(Marshall, Daniel) (Entered: 12/16/2021)	Dec. 16, 2021	Dec. 16, 2021 Clearinghouse
40	PAPERLESS ORDER denying as moot Defendant Inch's Motion to Dismiss (DE 17 ) and Defendant Colon's Motion to Dismiss (DE 24 ), in light of the filing of Plaintiff's First Amended Complaint (DE 39 ). Signed by Judge Donald M. Middlebrooks on 12/17/2021. (kal) (Entered: 12/17/2021)	Dec. 17, 2021	Dec. 17, 2021 PACER
	Order on Motion to Dismiss for Failure to State a Claim AND Order on Motion to Dismiss for Failure to State a Claim	Dec. 17, 2021	Dec. 17, 2021 PACER
41	MOTION for Leave to File Excess Pages by Jose Colon, Ricky Dixon, Mark S. Inch. Attorney Lori Ann Huskisson added to party Ricky Dixon(pty:dft). (Huskisson, Lori) (Entered: 12/31/2021)	Dec. 31, 2021	Dec. 31, 2021 PACER
42	MOTION TO DISMISS 39 Amended Complaint/Amended Notice of Removal, 38 Order on Motion for Leave to File, FOR FAILURE TO STATE A CLAIM by Jose Colon, Ricky Dixon, Mark S. Inch. Responses due by 1/14/2022 (Huskisson, Lori) (Entered: 12/31/2021)	Dec. 31, 2021	Dec. 31, 2021 Clearinghouse
42	MOTION TO DISMISS 39 Amended Complaint/Amended Notice of Removal, 38 Order on Motion for Leave to File, FOR FAILURE TO STATE A CLAIM by Jose Colon, Ricky Dixon, Mark S. Inch. Responses due by 1/14/2022 (Huskisson, Lori) (Entered: 12/31/2021)	Dec. 31, 2021	Dec. 31, 2021 Clearinghouse
43	ORDER GRANTING UNOPPOSED MOTION TO EXCEED PAGES. Signed by Judge Donald M. Middlebrooks on 1/3/2022. See attached document for full details. (lbc) (Entered: 01/03/2022)	Jan. 3, 2022	Jan. 3, 2022 PACER
44	Joint MOTION to Vacate 27 Scheduling Order,,, Order Referring Case to Mediation,, by Jose Colon, Ricky Dixon, Mark S. Inch. Responses due by 1/18/2022 (Huskisson, Lori) (Entered: 01/04/2022)	Jan. 4, 2022	Jan. 4, 2022 PACER
45	NOTICE OF UNAVAILABILITY by Jose Colon, Ricky Dixon, Mark S. Inch for dates of May 7, 2022 through May 15, 2022 (Huskisson, Lori) (Entered: 01/04/2022)	Jan. 4, 2022	Jan. 4, 2022 PACER
46	PAPERLESS ORDER re 45 Notice of Unavailability. Counsel for Defendants Inch, Colon and Dixon filed this Notice to apprise the court of counsel's unavailability for specified dates in May 2022. To the extent that counsel sought an extension of any deadline based upon this Notice, I decline to do so on the present record. Pursuant to Rule 7(b)(1), "[a] request for a court order must be made by motion," which must "state with particularity the grounds for seeking the order." Fed. R. Civ. P. 7(b)(1). Counsel's "Notice of Unavailability" is not a motion and therefore I will not take any action upon it. Signed by Judge Donald M. Middlebrooks on 1/5/2022. (kal) (Entered: 01/05/2022)	Jan. 5, 2022	Jan. 5, 2022 PACER
	- Order (PAPERLESS or pdf attached)	Jan. 5, 2022	Jan. 5, 2022 PACER
47	ORDER GRANTING IN PART JOINT MOTION TO VACATE SCHEDULING ORDER AND RESETTING DEADLINES granting in part and denying in part 44 Motion to Vacate 44 Joint MOTION to Vacate 27 Scheduling Order, Order Referring Case to Mediation, . Amended Pleadings due by 3/25/2022. Discovery due by 6/2/2022. Joinder of Parties due by 3/25/2022. Dispositive Motions due by 6/16/2022. Motions due by 6/16/2022. Pretrial Stipulation due by 7/18/2022. Calendar Call set for 8/24/2022 01:15 PM before Judge Donald M. Middlebrooks. Jury Trial set for 8/29/2022 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 1/7/2022. See attached document for full details. (pcs) (Entered: 01/10/2022)	Jan. 7, 2022	Jan. 7, 2022 PACER
48	Unopposed MOTION for Leave to File Excess Pages by Human Rights Defense Center. (Isom, Jesse) (Entered: 01/14/2022)	Jan. 14, 2022	Jan. 14, 2022 PACER
49	RESPONSE in Opposition re 42 MOTION TO DISMISS 39 Amended Complaint/Amended Notice of Removal, 38 Order on Motion for Leave to File, FOR FAILURE TO STATE A CLAIM filed by Human Rights Defense Center. Replies due by 1/21/2022. (Isom, Jesse) (Entered: 01/14/2022)	Jan. 14, 2022	Jan. 14, 2022 PACER
50	PAPERLESS ORDER granting 48 Motion for Leave to File Excess Page Limits. Plaintiff requests a five-page extension of the page limit for its response to Defendants' Motion to Dismiss, pursuant to Local Rule 7.1(c)(2). Having reviewed the motion and finding good cause therein, and in light of Defendants' consent, the motion is granted. Signed by Judge Donald M. Middlebrooks on 1/18/2022. (kal) (Entered: 01/18/2022)	Jan. 18, 2022	Jan. 18, 2022 PACER
	Order on Motion for Leave to File Excess Pages	Jan. 18, 2022	Jan. 18, 2022 PACER
51	REPLY to Response to Motion re 42 MOTION TO DISMISS 39 Amended Complaint/Amended Notice of Removal, 38 Order on Motion for Leave to File, FOR FAILURE TO STATE A CLAIM filed by Jose Colon, Ricky Dixon, Mark S. Inch. (Huskisson, Lori) (Entered: 01/20/2022)	Jan. 20, 2022	Jan. 20, 2022 PACER
52	NOTICE by Jose Colon, Ricky Dixon, Mark S. Inch Notice of Reassignment (Huskisson, Lori) (Entered: 02/09/2022)	Feb. 9, 2022	Feb. 9, 2022 PACER
53	NOTICE of Attorney Appearance by Joe Belitzky on behalf of Jose Colon, Ricky Dixon, Mark S. Inch. Attorney Joe Belitzky added to party Jose Colon(pty:dft), Attorney Joe Belitzky added to party Ricky Dixon(pty:dft), Attorney Joe Belitzky added to party Mark S. Inch(pty:dft). (Belitzky, Joe) (Entered: 03/08/2022)	March 8, 2022	March 8, 2022 PACER
54	Joint MOTION to Stay Discovery and Continue Discovery-Related Deadlines by Human Rights Defense Center. Responses due by 3/25/2022 (Isom, Jesse) (Entered: 03/11/2022)	March 11, 2022	March 11, 2022 Clearinghouse
55	PAPERLESS ORDER granting in part and denying without prejudice in part 54 Motion to Stay. The Parties jointly request that the Court continue all deadlines in the scheduling order, given that the Court has not yet ruled on Defendant's Motion to Dismiss, and that the Court previously stayed discovery until a ruling on that motion. (DE 54 ). I find good cause to extend the March 11, 2022 deadline to file a discovery plan. Accordingly, the Parties shall file a discovery plan on or by March 24, 2022. With respect to the remainder of the pretrial schedule, considering the time that remains prior to the expiration of the discovery-related deadlines, those deadlines remain in effect at this time. Signed by Judge Donald M. Middlebrooks on 3/14/2022. (kal) (Entered: 03/14/2022)	March 14, 2022	March 14, 2022 PACER
	Order on Motion to Stay	March 14, 2022	March 14, 2022 PACER
56	ORDER denying 42 Motion to Dismiss for Failure to State a Claim. Signed by Judge Donald M. Middlebrooks on 3/23/2022. See attached document for full details. (ail) (Entered: 03/24/2022)	March 24, 2022	March 24, 2022 PACER
57	Joint SCHEDULING REPORT - Rule 26(f) by Human Rights Defense Center (Marshall, Daniel) (Entered: 03/24/2022)	March 24, 2022	March 24, 2022 PACER
58	NOTICE of Attorney Appearance by Barbara Ann Junge on behalf of Jose Colon, Ricky Dixon, Mark S. Inch. Attorney Barbara Ann Junge added to party Jose Colon(pty:dft), Attorney Barbara Ann Junge added to party Ricky Dixon(pty:dft), Attorney Barbara Ann Junge added to party Mark S. Inch(pty:dft). (Junge, Barbara) (Entered: 04/01/2022)	April 1, 2022	April 1, 2022 PACER
59	STRICKEN per DE 60 . NOTICE of Attorney Appearance by Barbara Ann Junge on behalf of Jose Colon, Ricky Dixon, Mark S. Inch (Junge, Barbara) Modified on 4/7/2022 (pcs). (Entered: 04/06/2022)	April 6, 2022	April 6, 2022 PACER
60	NOTICE of Striking Docket Entry 59 by Jose Colon, Ricky Dixon, Mark S. Inch (Junge, Barbara) (Entered: 04/06/2022)	April 6, 2022	April 6, 2022 PACER
61	NOTICE of Attorney Appearance by Christopher Kondziela on behalf of Ricky Dixon, Mark S. Inch. Attorney Christopher Kondziela added to party Ricky Dixon(pty:dft), Attorney Christopher Kondziela added to party Mark S. Inch(pty:dft). (Kondziela, Christopher) (Entered: 04/06/2022)	April 6, 2022	April 6, 2022 PACER
62	Clerks Notice to Filer re 61 Notice of Attorney Appearance,. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jas) (Entered: 04/07/2022)	April 7, 2022	April 7, 2022 PACER
63	Defendants ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Jose Colon, Ricky Dixon, Mark S. Inch. (Junge, Barbara) (Entered: 04/07/2022)	April 7, 2022	April 7, 2022 PACER
	Clerks Notice of Docket Correction and Instruction to Filer - Attorney	April 7, 2022	April 7, 2022 PACER
64	MOTION to Intervene by Jacob Allen. (Attachments: # 1 Exhibit)(ail) (Entered: 04/12/2022) 1 Exhibit View on RECAP	April 11, 2022	April 11, 2022 RECAP
65	STRICKEN - RESPONSE in Opposition re 64 MOTION to Intervene filed by Jose Colon, DOES 17, Ricky Dixon, Mark S. Inch. Replies due by 4/28/2022. (Junge, Barbara) Modified/Stricken per DE 67 on 4/22/2022 (pes). (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 PACER
66	NOTICE by Jose Colon, Ricky Dixon, Mark S. Inch of Filing Exhibit A for Defendants' Memorandum in Opposition to Inmate Allen's Motion to Intervene (Attachments: # 1 Exhibit Exh. A - Dec. 2021 email Neff to Marshall) (Junge, Barbara) (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 PACER
67	NOTICE of Striking 65 Response in Opposition to Motion filed by DOES 17, Mark S. Inch, Ricky Dixon, Jose Colon, 66 Notice (Other), filed by Mark S. Inch, Ricky Dixon, Jose Colon by Jose Colon, Ricky Dixon (Junge, Barbara) (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 PACER
68	Defendant's RESPONSE to 64 MOTION to Intervene by Jose Colon, Ricky Dixon. (Attachments: # 1 Exhibit Emails)(Junge, Barbara) (Entered: 04/21/2022)	April 21, 2022	April 21, 2022 PACER
69	REQUEST for Copy of Docket Index and Motion to Intervene [ECF No. 68] by Jacob Allen (ls) (Entered: 05/10/2022)	May 10, 2022	May 10, 2022 PACER
70	MOTION for Extension of Time to File a Reply as to 64 MOTION to Intervene by Jacob Allen. (ls) (Entered: 05/11/2022)	May 11, 2022	May 11, 2022 PACER
71	PAPERLESS ORDER granting in part 70 Jacob Allen's Motion for Extension of Time. Mr. Allen, who is incarcerated and pro se, seeks a 30-day extension time to respond to Defendants' Memorandum in Opposition to Inmate Allen's Motion to Intervene (DE 64 ). Defendants filed their response on April 21, 2022 (DE 68 ), which made Mr. Allen's reply due on April 28, 2022. Given Mr. Allen's incarcerated status, I find good cause to extend his reply deadline until May 24, 2022. I will consider the reply timely filed based upon the date it is post-marked. Signed by Judge Donald M. Middlebrooks on 5/12/2022. (kal) (Entered: 05/12/2022)	May 12, 2022	May 12, 2022 PACER
	Order on Motion for Extension of Time to File Response/Reply/Answer	May 12, 2022	May 12, 2022 PACER
72	MOTION for Extension of Time of Discovery Cutoff Deadline by Human Rights Defense Center. (Isom, Jesse) (Entered: 05/18/2022)	May 18, 2022	May 18, 2022 PACER
73	PAPERLESS ORDER EXPEDITING BRIEFING re 72 Plaintiff's Opposed Motion to Extend Discovery Deadline. In the interest of resolving this issue without unnecessary delay, I will expedite the briefing schedule on this motion. Therefore, Defendants shall file a response to Plaintiff's motion no later than May 25, 2022. If Plaintiff wishes to reply in support of its Motion it may do so by May 27, 2022, however Plaintiff is advised that I will consider the Motion ripe when Defendants respond, and I may be inclined to rule without need of a reply. Signed by Judge Donald M. Middlebrooks on 5/23/2022. (kal) (Entered: 05/23/2022)	May 23, 2022	May 23, 2022 PACER
74	PAPERLESS ORDER denying 69 Jacob Allen's request. Mr. Allen requests a copy of the docket index and "ECF No. 68" which is the Defendants' response to Mr. Allen's Motion to Intervene, although Mr. Allen suggests that docket entry 68 is his Motion to Intervene. However Mr. Allen has also filed a motion for extension of time to reply to Defendant's response located at DE 68 in order to respond to the arguments made by Defendants. (DE 70 ). It therefore appears that Mr. Allen has had access to the records referenced in this request. This request is therefore denied. Signed by Judge Donald M. Middlebrooks on 5/23/2022. (kal) (Entered: 05/23/2022)	May 23, 2022	May 23, 2022 PACER
75	RESPONSE in Opposition re 72 MOTION for Extension of Time of Discovery Cutoff Deadline filed by Jose Colon, Ricky Dixon, Mark S. Inch. Replies due by 5/31/2022. (Attachments: # 1 Exhibit Exh. A comparison of ads)(Junge, Barbara) (Entered: 05/23/2022)	May 23, 2022	May 23, 2022 PACER
76	MOTION for Extension of Time to Respond to Written Discovery Requests by Human Rights Defense Center. Responses due by 6/6/2022 (Marshall, Daniel) (Entered: 05/23/2022)	May 23, 2022	May 23, 2022 PACER
	~Util - Set/Reset Motion/R&R Deadlines and Hearings AND - Order (PAPERLESS or pdf attached)	May 23, 2022	May 23, 2022 PACER
	- Order (PAPERLESS or pdf attached)	May 23, 2022	May 23, 2022 PACER
77	Response to Defendant's Memorandum in Opposition to Inmate Allen's Motion to Intervene re 64 MOTION to Intervene filed by Jacob Allen. (Attachments: # 1 Exhibit)(drz) (Entered: 05/24/2022)	May 24, 2022	May 24, 2022 PACER
78	PAPERLESS ORDER EXPEDITING BRIEFING re 76 Motion for Extension of Time. Plaintiff seeks an extension of time to respond to respond to written discovery requests. The motion indicates that Defendants are opposed. To address this issue without unnecessary delay, expedited briefing is necessary. Accordingly, Defendants shall respond to Plaintiffs motion by May 25, 2022. If Plaintiff wishes to file a reply, it may do so by May 26, 2022, however Plaintiff is advised that I will consider this motion ripe when Defendants respond and I may rule without the need for a reply. Signed by Judge Donald M. Middlebrooks on 5/24/2022. (kal) (Entered: 05/24/2022)	May 24, 2022	May 24, 2022 PACER