Case: Disability Rights Florida v. Jacobs

COMPLAINT for Declaratory and Injunctive Relief against Aspire Health Partners, Inc., and Richard Jacobs; Filing fee $400, receipt number ORL078143 filed by Disability Rights Florida, Inc. (Attachments: # 1 Civil Cover Sheet)(JET) (Entered: 11/01/2018)

1 Civil Cover Sheet

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MOTION for preliminary injunction by Disability Rights Florida, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9: Proposed Order)(JET) (Entered: 11/01/2018)

1 Exhibit 1

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2 Exhibit 2

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3 Exhibit 3

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4 Exhibit 4

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5 Exhibit 5

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6 Exhibit 6

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7 Exhibit 7

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8 Exhibit 8

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9 Exhibit 9: Proposed Order

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PROPOSED summons to be issued by Disability Rights Florida, Inc.. (Filaroski, Curtis) (Entered: 11/01/2018)

SUMMONS issued as to Aspire Health Partners, Inc., Richard Jacobs. (JET) (Entered: 11/02/2018)

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 11/16/2018. Signed by D. Darley/Deputy Clerk on 11/2/2018. (DJD) ctp (Entered: 11/02/2018)

INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/16/2018. Signed by Judge Carlos E. Mendoza on 11/2/2018. (DJD) ctp (Entered: 11/02/2018)

Certificate of Interested Persons and CORPORATE Disclosure Statement re 6 Interested Persons Order by Disability Rights Florida, Inc. (Filaroski, Curtis) Modified on 11/8/2018 (JET). (Entered: 11/07/2018)

NOTICE of pendency of related cases re 5 Related case order and track 2 notice per Local Rule 1.04(d) by Disability Rights Florida, Inc.. Related case(s): No (Filaroski, Curtis) (Entered: 11/07/2018)

NOTICE of Service to Defendant re 5 Related case order and track 2 notice by Disability Rights Florida, Inc. (Filaroski, Curtis) Modified on 11/8/2018 (JET). (Entered: 11/07/2018)

RETURN of service executed on 11/5/18 by Disability Rights Florida, Inc., as to Aspire Health Partners, Inc., by service on Office Manager. (Filaroski, Curtis) Modified on 11/9/2018 (JET). (Entered: 11/08/2018)

RETURN of service executed on 11/8/18 by Disability Rights Florida, Inc., as to Richard Jacobs. (Filaroski, Curtis) Modified on 11/14/2018 (JET). (Entered: 11/13/2018)

MOTION to Dismiss Complaint for Declaratory and Injunctive Relief by All Defendants. (Attachments: # 1 Exhibit 1)(D'Lugo, Michael) (Entered: 11/26/2018)

NOTICE of pendency of related cases re 5 Related case order and track 2 notice per Local Rule 1.04(d) by Aspire Health Partners, Inc., Richard Jacobs. Related case(s): no (D'Lugo, Michael) (Entered: 11/26/2018)

CERTIFICATE of interested persons and corporate disclosure statement re 6 Interested persons order by Aspire Health Partners, Inc., Richard Jacobs. (D'Lugo, Michael) (Entered: 11/26/2018)

RESPONSE in Opposition re 2 MOTION for preliminary injunction filed by Aspire Health Partners, Inc., Richard Jacobs. (Attachments: # 1 Exhibit 1)(D'Lugo, Michael) (Entered: 11/26/2018)

RESPONSE in Opposition re 12 MOTION to Dismiss Complaint for Declaratory and Injunctive Relief filed by Disability Rights Florida, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Filaroski, Curtis) (Entered: 12/10/2018)

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MOTION for leave to file a Reply to 15 Response to 2 Motion for Preliminary Injunction by Disability Rights Florida, Inc. (Filaroski, Curtis) Modified on 12/11/2018 (JET). (Entered: 12/10/2018)

CASE MANAGEMENT REPORT. (Filaroski, Curtis) (Entered: 12/20/2018)

MOTION to supplement 2 Motion for Preliminary Injunction with Supplemental Affidavit and Attached Document by Disability Rights Florida, Inc. (Attachments: # 1 Exhibit 1)(Filaroski, Curtis) Modified on 12/21/2018 (JET). (Entered: 12/20/2018)

RESPONSE in Opposition re 17 MOTION for leave to file a Reply to 15 Response to 2 Motion for Preliminary Injunction filed by Aspire Health Partners, Inc., Richard Jacobs. (D'Lugo, Michael) (Entered: 12/21/2018)

CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/18/2019, Joinder of Parties due by 2/18/2019, Discovery due by 7/1/2019, Dispositive motions due by 8/2/2019, Pretrial statement due by 12/13/2019, All other motions due by 10/31/2019, Plaintiff disclosure of expert report due by 5/15/2019, Defendant disclosure of expert report due by 6/14/2019, Trial Status Conference set for 12/19/2019 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza, Bench Trial set for the trial term commencing 1/6/2020 in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Conduct mediation hearing by 7/1/2019. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 1/16/2019. (DJD) (Entered: 01/16/2019)

CASE REFERRED to Mediation; Jay Fraxedas appointed as Mediator. (JET) (Entered: 01/17/2019)

NOTICE of Appearance by Krista Nicole Cammack on behalf of Aspire Health Partners, Inc., Richard Jacobs (Cammack, Krista) (Entered: 01/22/2019)

ENDORSED ORDER granting 17 Motion for Leave to File a Reply and 19 Motion to Supplement. To the extent that the arguments relating to the Motion to Dismiss are applicable to the Motion for Preliminary injunction, the Court will consider them. Further, Plaintiff's supplemental filing (Doc. 19-1) is accepted as properly filed. Signed by Judge Carlos E. Mendoza on 4/3/2019. (KMS) (Entered: 04/03/2019)

Order on motion to supplement

Order on Motion for Leave to File

Joint MOTION for miscellaneous relief, specifically to Dispense with Mediation by Aspire Health Partners, Inc., Richard Jacobs, Disability Rights Florida, Inc. (D'Lugo, Michael) Modified on 6/4/2019 (DMA). (Entered: 06/03/2019)

ENDORSED ORDER granting 25 Joint Motion to Dispense with Mediation. The parties are not required to mediate at this time. Signed by Judge Carlos E. Mendoza on 6/7/2019. (KMS) (Entered: 06/07/2019)

Order on Motion for Miscellaneous Relief

MOTION for summary judgment by Disability Rights Florida, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Filaroski, Curtis) (Entered: 08/02/2019)

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MOTION for summary judgment by Aspire Health Partners, Inc., Richard Jacobs. (Attachments: # 1 Exhibit Executive Order Number 08-240)(D'Lugo, Michael) (Entered: 08/02/2019)

1 Exhibit Executive Order Number 08-240

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Case Reassigned to Judge Wendy W. Berger. New case number: 6:18-cv-1863-Orl-78DCI. Judge Carlos E. Mendoza no longer assigned to the case. (MAA) (Entered: 08/06/2019)

Case Assigned/Reassigned

RESPONSE in Opposition re 28 MOTION for summary judgment filed by Disability Rights Florida, Inc.. (Filaroski, Curtis) (Entered: 08/16/2019)

RESPONSE in Opposition re 27 MOTION for summary judgment filed by Aspire Health Partners, Inc., Richard Jacobs. (D'Lugo, Michael) (Entered: 08/16/2019)

ORDER denying 12 motion to dismiss. Signed by Judge Wendy W. Berger on 8/27/2019. (RMF) (Entered: 08/27/2019)

ORDER granting 2 Plaintiff's Motion for Preliminary Injunction. Richard Jacobs, Aspire Health Partners, Inc., and their agents are preliminary enjoined from denying Disability Rights Florida, Inc. and its agents access to Lakeside Behavioral Healthcare and its residents, as set forth under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 and its implementing regulations. This preliminary injunction is not conditioned on the posting of any bond or security by Disability Rights Florida, Inc. Signed by Judge Wendy W. Berger on 8/27/2019. (RMF) (Entered: 08/27/2019)

NOTICE OF RESCHEDULING HEARING: The Trial Status Conference hearing previously scheduled for 12/19/2019 is rescheduled. New scheduling date and time: Trial Status Conference set for 12/17/2019 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Bench Trial set for trial term which commences on 1/6/2020 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. (RMF)(Copies mailed). (Entered: 09/12/2019)

Notice of rescheduling hearing

Joint MOTION for Voluntary Dismissal and Adoption of Settlement Agreement filed by Disability Rights Florida, Inc. (Filaroski, Curtis) Modified on 11/18/2019 (MEJ). (Entered: 11/15/2019)

ORDER granting 35 Joint Motion for Voluntary Dismissal and Adoption of Settlement Agreement. This case is DISMISSED with prejudice. The Clerk is directed to terminate all pending motions and to close this case. Signed by Judge Wendy W. Berger on 11/18/2019. (RMF)(Copies mailed). (Entered: 11/18/2019)