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

Case Ongoing

Clearinghouse coding complete

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 plaintiffs 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 plaintiffs alleged that Departm…

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 plaintiffs 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 plaintiffs 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 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.

Summary Authors

Betsy Sheppard (1/24/2022)

Betsy Sheppard (3/24/2022)

People

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


Judge(s)

Middlebrooks, Donald M. (Florida)

Attorneys(s) 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)

Judge(s)

Middlebrooks, Donald M. (Florida)

Attorneys(s) 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)

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

Resources

Docket

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

Last updated Aug. 10, 2022, 3:06 a.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

Order on Motion to Appear Pro Hac Vice

Aug. 26, 2021

Aug. 26, 2021

PACER

~Util - Terminate Attorneys

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

RECAP
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

Case Details

State / Territory: Florida

Case Type(s):

Prison Conditions

Speech and Religious Freedom

Key Dates

Filing Date: Aug. 10, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

The Human Rights Defense Center

Plaintiff Type(s):

Non-profit NON-religious organization

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Florida Department of Corrections, State

Everglades Correctional Institution (Miami-Dade), Regional

Defendant Type(s):

Corrections

Case Details

Causes of Action:

42 U.S.C. § 1983

Ex Parte Young (Federal) or Bivens

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Freedom of speech/association

Availably Documents:

Complaint (any)

Outcome

Prevailing Party: None Yet / None

Nature of Relief:

None yet

Source of Relief:

None yet