Case: Advocacy Center v. McNesby

3:03-cv-00444 | U.S. District Court for the Northern District of Florida

Filed Date: June 11, 2003

Closed Date: Jan. 20, 2004

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Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s access authority. On June 11, 2003, Advocacy Center for Persons with Disabilities, Inc. (Advocacy Center), Florida’s P&A, filed this lawsuit in the U.S. District Court for the Northern District of Florida Tallahassee Division. Advocacy Center filed this lawsuit against the Sheriff for Escambia County, and the Director of the Escambia County Detention Facility (the Detention Facility) in their official capacities, under the Protection and Advocacy of Individuals With Mental Illness Act (PAIMI). Represented by itself, Advocacy Center sought attorney’s fees and injunctive and declaratory relief that required the Sheriff and Director to grant the Advocacy Center reasonable access to the Detention Facility for investigation as required by PAIMI. Judge Clyde Roger Vinson presided over this matter.

In March 2003, Advocacy Center began an investigation into the Detention Facility after receiving complaints regarding the treatment of inmates with mental illness. Advocacy Center requested various records and access to the Detention Facility through a letter to Defendant Williams. Williams refused to grant access unless Advocacy Center provided the names of the individuals the P&A sought interviews with. On July 14, 2003, Williams and McNesby filed a Motion to Dismiss, which the court denied on September 4, 2003. Subsequently, the parties resolved their dispute through mediation. Advocacy Center dismissed the lawsuit with prejudice to Williams and without prejudice to McNesby on January 8, 2004.

This case is closed.

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Summary Authors

NDRN (12/19/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/11878272/parties/advocacy-center-v-mcnesby/

Judge(s)

Vinson, Clyde Roger (Florida)

Attorney for Plaintiff

JR, HUBERT AUBREY (Florida)

SCOTT, GORDON BEVERIDGE (Florida)

Attorney for Defendant

AVELLONE, SUSAN ELIZABETH (Florida)

JR, JOHN W (Florida)

Judge(s)

Vinson, Clyde Roger (Florida)

Attorney for Plaintiff

JR, HUBERT AUBREY (Florida)

SCOTT, GORDON BEVERIDGE (Florida)

Attorney for Defendant

AVELLONE, SUSAN ELIZABETH (Florida)

JR, JOHN W (Florida)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 3:03-cv-00444	Complaint for Declatory and Injunctive Relief Advocacy Center v. Mcnesby	June 11, 2003	June 11, 2003 Complaint
13 3:03-cv-00444	Order Denying Motion to Dismiss and Granting Alternative Motion to Transfer Venue Advocacy Center v. Mcnesby	Sept. 4, 2003	Sept. 4, 2003 Order/Opinion
31 3:03-cv-00444	Plaintiffs' Motion to Dismiss Suit Advocacy Center v. Mcnesby	Jan. 8, 2004	Jan. 8, 2004 Pleading / Motion / Brief

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/11878272/advocacy-center-v-mcnesby/

Last updated March 14, 2024, 3:16 a.m.

ECF Number	Description	Date	Link Date / Link
	setting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 9/9/03 (deb,Gainesville)	June 11, 2003	June 11, 2003 PACER
	**ADDED Magistrate Judge Allan Kornblum (deb,Gainesville)	June 11, 2003	June 11, 2003 PACER
1	COMPLAINT Filing Fee: $150.00 Receipt #: 400-102270 (deb,Gainesville) (Entered: 06/17/2003)	June 11, 2003	June 11, 2003 Clearinghouse
2	CIVIL Cover Sheet (deb,Gainesville) (Entered: 06/17/2003)	June 11, 2003	June 11, 2003 PACER
3	RETURN of Service Executed as to defendant DENNIS M WILLIAMS 6/26/03 Answer due on 7/16/03 (tss,Gainesville) (Entered: 07/08/2003)	July 7, 2003	July 7, 2003 PACER
4	RETURN of Service Executed as to defendant RON MCNESBY 6/26/03 Answer due on 7/16/03 (tss,Gainesville) (Entered: 07/08/2003)	July 7, 2003	July 7, 2003 PACER
	Resetting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 10/6/03 (tss,Gainesville)	July 8, 2003	July 8, 2003 PACER
5	MOTION by defendant RON MCNESBY, defendant DENNIS M WILLIAMS to Dismiss complaint Deadline for filing response to motion is: 8/1/03 and deadline to return file to court is: 8/4/03 (knr,Gainesville) (Entered: 07/15/2003)	July 14, 2003	July 14, 2003 PACER
6	ATTORNEY Time Record by plaintiff ADVOCACY CENTER (bkp,Gainesville) (Entered: 07/16/2003)	July 15, 2003	July 15, 2003 PACER
7	ATTORNEY Time Record by plaintiff ADVOCACY CENTER (bkp,Gainesville) (Entered: 07/16/2003)	July 15, 2003	July 15, 2003 PACER
8	SCHEDULING ORDER by Judge Stephan P. Mickle setting deadlines for: filing Joint Report of Planning Meeting by: 9/10/03 Discovery Cutoff: 11/19/03 Copies sent as noted on document. (knr,Gainesville) (Entered: 07/22/2003)	July 22, 2003	July 22, 2003 PACER
9	RESPONSE by plaintiff ADVOCACY CENTER to [5-1] motion to Dismiss complaint by DENNIS M WILLIAMS, RON MCNESBY (knr,Gainesville) (Entered: 07/23/2003)	July 23, 2003	July 23, 2003 PACER
	Motion submitted with file to Judge Stephan P. Mickle Re: [5-1] motion to Dismiss complaint by DENNIS M WILLIAMS, RON MCNESBY (knr,Gainesville)	Aug. 4, 2003	Aug. 4, 2003 PACER
10	ATTORNEY Time Record by plaintiff ADVOCACY CENTER (atm,Gainesville) (Entered: 08/11/2003)	Aug. 11, 2003	Aug. 11, 2003 PACER
11	JOINT Report of Planning Meeting (bkp,Gainesville) (Entered: 08/26/2003)	Aug. 22, 2003	Aug. 22, 2003 PACER
	DOCUMENT Location re: [11-1] report of planning meeting sent to CRD (atm,Gainesville)	Aug. 28, 2003	Aug. 28, 2003 PACER
12	SCHEDULING ORDER by Judge Stephan P. Mickle setting deadlines for: Discovery Cutoff: 11/19/03 filing Mediation Report by: 12/31/03 Jury trial date: 3/15/04 Dispositive motions by: 12/8/03 Copies sent as noted on document. (atm,Gainesville) (Entered: 09/03/2003)	Sept. 2, 2003	Sept. 2, 2003 PACER
	CASE Referred to Mediation by Judge Stephan P. Mickle (atm,Gainesville)	Sept. 2, 2003	Sept. 2, 2003 PACER
13	ORDER by Judge Stephan P. Mickle denying [5-1] motion to Dismiss complaint Defendants' alternative motion to transfer this action is granted, and Transferring Case to Pensacola Division Copies sent as noted on document. (atm,Gainesville) Modified on 09/19/2003 (Entered: 09/04/2003)	Sept. 4, 2003	Sept. 4, 2003 Clearinghouse
14	ATTORNEY Time Record by plaintiff ADVOCACY CENTER (atm,Gainesville) Modified on 09/19/2003 (Entered: 09/18/2003)	Sept. 15, 2003	Sept. 15, 2003 PACER
15	MOTION (NOTICE OF SCHEDULING CONFLICT) by defendant RON MCNESBY, defendant DENNIS M WILLIAMS to Continue trail set for 3/15/04 The filer indicated he filed a copy of Judge Steele's Case Management Scheduling Order; there was no attachement with this document (bkp,Gainesville) Modified on 09/30/2003 (Entered: 09/29/2003)	Sept. 29, 2003	Sept. 29, 2003 PACER
16	ANSWER to Complaint and Affirmative Defenses by defendant RON MCNESBY and defendant DENNIS M WILLIAMS (sps,Pensacola) (Entered: 10/09/2003)	Sept. 29, 2003	Sept. 29, 2003 PACER
	**ADDED Magistrate Judge Miles Davis pursuant to intra-district transfer order (bkp,Gainesville)	Oct. 1, 2003	Oct. 1, 2003 PACER
	Motion resubmitted with file to Judge Roger Vinson Re: [15-1] motion to Continue trial set for 3/15/04 by DENNIS M WILLIAMS, RON MCNESBY (bkp,Gainesville)	Oct. 1, 2003	Oct. 1, 2003 PACER
	File Returned to Court: to Judge Roger Vinson Re: [13-3] order of intra-district transfer order. (bkp,Gainesville)	Oct. 1, 2003	Oct. 1, 2003 PACER
	Original file, certified copy of transfer order received from Tallahassee Division case #4:03cv180/SPM (sps,Pensacola)	Oct. 1, 2003	Oct. 1, 2003 PACER
17	LETTER to all counsel or parties of record - adivsing of new case number and location of office maintaining file. (sps,Pensacola) (Entered: 10/17/2003)	Oct. 1, 2003	Oct. 1, 2003 PACER
	Resetting 90 day no activity deadline pursuant to N.D.Fla.Loc.R.41.1 to 1/7/04 (sps,Pensacola)	Oct. 9, 2003	Oct. 9, 2003 PACER
18	MOTION by plaintiff ADVOCACY CENTER to Strike Defendants' Affirmative Defenses Deadline for filing response to motion is: 10/27/03 (sps,Pensacola) (Entered: 10/21/2003)	Oct. 9, 2003	Oct. 9, 2003 PACER
19	ATTORNEY Time Record by plaintiff ADVOCACY CENTER submitted by Gordon B. Scott (sps,Pensacola) (Entered: 10/21/2003)	Oct. 14, 2003	Oct. 14, 2003 PACER
	Motion submitted with file to Judge Roger Vinson Re: [15-1] motion to Continue trail set for 3/15/04 by DENNIS M WILLIAMS, RON MCNESBY (sps,Pensacola)	Oct. 21, 2003	Oct. 21, 2003 PACER
20	ORDER by Judge Roger Vinson granting [15-1] motion to Continue trial set for 3/15/04. Trial will be scheduled by separate order or notice at a later date. Copies sent as noted on document. (sps,Pensacola) (Entered: 10/21/2003)	Oct. 21, 2003	Oct. 21, 2003 PACER
21	UNOPPOSED MOTION to Extend Time (until 1/6/04 to hold mediation conference) by ADVOCACY CENTER FOR PERSONS WITH DISABILITIES INC. (sps, Pensacola) (Entered: 11/20/2003)	Nov. 7, 2003	Nov. 7, 2003 PACER
22	ATTORNEY TIME RECORDS by ADVOCACY CENTER FOR PERSONS WITH DISABILITIES INC. (sps, Pensacola) (Entered: 11/20/2003)	Nov. 17, 2003	Nov. 17, 2003 PACER
25	NOTICE of Mediation Conference (scheduled for 1/6/04) (sps, Pensacola) (Entered: 12/03/2003)	Nov. 21, 2003	Nov. 21, 2003 PACER
23	ORDER granting 18 Motion to Strike. Signed by Judge ROGER VINSON. (sps, Pensacola) (Entered: 11/24/2003)	Nov. 24, 2003	Nov. 24, 2003 PACER
24	ORDER granting 21 Motion to Extend Time until 1/6/04 to hold mediation conference. Signed by Judge ROGER VINSON. (sps, Pensacola) (Entered: 11/24/2003)	Nov. 24, 2003	Nov. 24, 2003 PACER
	Set/Reset Deadlines: Miscellaneous Deadline - to hold mediation conference by 1/6/2004 (sps, Pensacola)	Nov. 24, 2003	Nov. 24, 2003 PACER
26	RESPONSE re 18 Motion to Strike by RON MCNESBY. [Order #23 already granted #18] (sps, Pensacola) (Entered: 12/07/2003)	Dec. 1, 2003	Dec. 1, 2003 PACER
28	(JOINT) MOTION for Enlargement of Time* to File motions for summary judgment by ADVOCACY CENTER FOR PERSONS WITH DISABILITIES INC. - *not later than 20 days after the close of mediation that is to be held in this cause on 1/6/2004. (cbj, Pensacola) (Entered: 12/12/2003)	Dec. 10, 2003	Dec. 10, 2003 PACER
	ACTION REQUIRED BY CHAMBERS: Chambers of Roger Vinson notified that action is needed Re: 28 MOTION for Extension of Time to File Dispositive Motions filed by ADVOCACY CENTER FOR PERSONS WITH DISABILITIES INC [R&O placed in referral folder] (cbj, Pensacola)	Dec. 12, 2003	Dec. 12, 2003 PACER
29	ORDER - Granting as requested, 28 Motion for Extension of Time to File Dispositive Motions. Signed by Judge ROGER VINSON. (cbj, Pensacola) (Entered: 12/17/2003)	Dec. 16, 2003	Dec. 16, 2003 PACER
30	SEALED* - ATTORNEY TIME RECORDS by ADVOCACY CENTER FOR PERSONS WITH DISABILITIES INC (Atty Gordon B. Scott). - *Filed separately on shelf. (cbj, Pensacola) (Entered: 12/29/2003)	Dec. 16, 2003	Dec. 16, 2003 PACER
31	MOTION to Dismiss (Suit) by ADVOCACY CENTER FOR PERSONS WITH DISABILITIES INC. (cbj, Pensacola) (Entered: 01/09/2004)	Jan. 8, 2004	Jan. 8, 2004 Clearinghouse
	ACTION REQUIRED BY CHAMBERS: Chambers of Judge Vinson notified that action is needed Re: UNCONTESTED 31 MOTION to Dismiss filed by ADVOCACY CENTER FOR PERSONS WITH DISABILITIES INC (cbj, Pensacola)	Jan. 9, 2004	Jan. 9, 2004 PACER
32	ORDER DISMISSING CASE - This cause is dismissed with prejudice as to deft DENNIS M. WILLIAMS and without prejudice as to deft RON MCNESBY, and without taxation of costs. Signed by Judge ROGER VINSON on January 9, 2004. (Copies to: Scott, Grissom, Jolly Avellone)(cbj, Pensacola) (Entered: 01/09/2004)	Jan. 9, 2004	Jan. 9, 2004 PACER
33	MEDIATION REPORT - Settled. (filed by Michael D. Smith, mediator) (cbj, Pensacola) (Entered: 01/21/2004)	Jan. 20, 2004	Jan. 20, 2004 PACER