Case: Disability Rights Florida v. Jacobs

6:18-cv-01863 | U.S. District Court for the Middle District of Florida

Filed Date: Nov. 1, 2018

Closed Date: Nov. 18, 2019

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Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s monitoring access authority. On November 1, 2018, Disability Rights Florida, Inc. (DR Florida), Florida’s P&A, filed this lawsuit in the U.S. District Court for the Middle District of Florida, Orlando Division. DR Florida filed this lawsuit against the Administrator for Lakeside Behavioral Healthcare (Lakeside), in his official capacity, and Aspire Health Partners, Inc. (Aspire) under the Protection and Advocacy for Individuals with …

This is a case about a Protection and Advocacy (P&A) agency’s monitoring access authority. On November 1, 2018, Disability Rights Florida, Inc. (DR Florida), Florida’s P&A, filed this lawsuit in the U.S. District Court for the Middle District of Florida, Orlando Division. DR Florida filed this lawsuit against the Administrator for Lakeside Behavioral Healthcare (Lakeside), in his official capacity, and Aspire Health Partners, Inc. (Aspire) under the Protection and Advocacy for Individuals with Mental Illness (PAIMI Act). Represented by itself, DR Florida sought declaratory and injunctive relief, as well as attorney’s fees, that required Lakeside and Aspire to allow DR Florida access to Lakeside for monitoring in accordance with the PAIMI Act. Judge Daniel C. Irick presided over this matter.

DR Florida commenced this action because Lakeside refused to allow them access to their facility for monitoring. To gain access, DR Florida also filed a motion for a preliminary injunction on November 1, 2018. Aspire filed a motion for summary judgment claiming DR Florida had no monitoring authority because Florida’s governor had not extended the Executive Order which named DR Florida as the state’s P&A after 2010. The court denied Aspire’s motion, reasoning that a P&A can only lose its authority for good cause following a specific procedure. Thus, after the first grant of authority through Executive Order, DR Florida was indefinitely Florida’s P&A. On August 27, 2019, the court also granted DR Florida’s Motion for Preliminary Injunction requiring Lakeside to allow DR Florida access to the facility for monitoring under the PAIMI Act. Lakeside and Aspire complied with this injunction, and the lawsuit was voluntarily dismissed on November 18, 2019. 476 F.Supp.3d 1238.

This case is now closed.

Summary Authors

NDRN (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14867339/parties/disability-rights-florida-inc-v-jacobs/


Judge(s)

Berger, Wendy Williams (Florida)

Attorney for Plaintiff

Filaroski, Curtis C. (Florida)

Sleasman, Peter Prescott (Florida)

Attorney for Defendant

Cammack, Krista Nicole (Florida)

D'Lugo, Michael (Florida)

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Documents in the Clearinghouse

Document
2

6:18-cv-01863

Plaintiffs Motion for Preliminary Injuction

Nov. 1, 2018

Nov. 1, 2018

Pleading / Motion / Brief
1

6:18-cv-01863

Complaint for Declaratory and Injunctive Relief Preliminary Statement

Nov. 1, 2018

Nov. 1, 2018

Complaint
27

6:18-cv-01863

Plaintiffs Motion for Summary judgment

Aug. 2, 2019

Aug. 2, 2019

Pleading / Motion / Brief
33

6:18-cv-01863

Order on Motion for Preliminary Injunction

Aug. 27, 2019

Aug. 27, 2019

Order/Opinion

473 F.Supp.3d 473

32

6:18-cv-01863

Order on motion to dismiss

Aug. 27, 2019

Aug. 27, 2019

Order/Opinion

476 F.Supp.3d 476

35

6:18-cv-01863

Joint Motion for Voluntary Dismissal and Adoption of Settlement Agreement

Nov. 15, 2019

Nov. 15, 2019

Pleading / Motion / Brief
36

6:18-cv-01863

Order

Nov. 18, 2019

Nov. 18, 2019

Order/Opinion

2019 WL 2019

Docket

See docket on RECAP: https://www.courtlistener.com/docket/14867339/disability-rights-florida-inc-v-jacobs/

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

ECF Number Description Date Link Date / Link
1

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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Nov. 1, 2018

Nov. 1, 2018

Clearinghouse
2

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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Nov. 1, 2018

Nov. 1, 2018

Clearinghouse
3

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

Nov. 1, 2018

Nov. 1, 2018

PACER
4

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

Nov. 2, 2018

Nov. 2, 2018

PACER
5

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)

Nov. 2, 2018

Nov. 2, 2018

PACER
6

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)

Nov. 2, 2018

Nov. 2, 2018

PACER
7

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)

Nov. 7, 2018

Nov. 7, 2018

PACER
8

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)

Nov. 7, 2018

Nov. 7, 2018

PACER
9

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)

Nov. 7, 2018

Nov. 7, 2018

PACER
10

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)

Nov. 8, 2018

Nov. 8, 2018

PACER
11

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)

Nov. 13, 2018

Nov. 13, 2018

PACER
12

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

Nov. 26, 2018

Nov. 26, 2018

PACER
13

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)

Nov. 26, 2018

Nov. 26, 2018

PACER
14

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)

Nov. 26, 2018

Nov. 26, 2018

PACER
15

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)

Nov. 26, 2018

Nov. 26, 2018

PACER
16

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)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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Dec. 10, 2018

Dec. 10, 2018

PACER
17

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)

Dec. 10, 2018

Dec. 10, 2018

PACER
18

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

Dec. 20, 2018

Dec. 20, 2018

PACER
19

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)

Dec. 20, 2018

Dec. 20, 2018

PACER
20

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)

Dec. 21, 2018

Dec. 21, 2018

PACER
21

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)

Jan. 16, 2019

Jan. 16, 2019

PACER
22

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

Jan. 16, 2019

Jan. 16, 2019

PACER
23

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

Jan. 22, 2019

Jan. 22, 2019

PACER
24

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)

April 3, 2019

April 3, 2019

PACER

Order on motion to supplement

April 3, 2019

April 3, 2019

PACER

Order on Motion for Leave to File

April 3, 2019

April 3, 2019

PACER
25

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)

June 3, 2019

June 3, 2019

PACER
26

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)

June 7, 2019

June 7, 2019

PACER

Order on Motion for Miscellaneous Relief

June 7, 2019

June 7, 2019

PACER
27

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)

1 Exhibit

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2 Exhibit

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3 Exhibit

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4 Exhibit

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5 Exhibit

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6 Exhibit

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7 Exhibit

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8 Exhibit

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Aug. 2, 2019

Aug. 2, 2019

Clearinghouse
28

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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Aug. 2, 2019

Aug. 2, 2019

RECAP
29

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)

Aug. 6, 2019

Aug. 6, 2019

PACER

Case Assigned/Reassigned

Aug. 6, 2019

Aug. 6, 2019

PACER
30

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

Aug. 16, 2019

Aug. 16, 2019

PACER
31

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

Aug. 16, 2019

Aug. 16, 2019

PACER
32

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

Aug. 27, 2019

Aug. 27, 2019

Clearinghouse
33

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)

Aug. 27, 2019

Aug. 27, 2019

Clearinghouse
34

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)

Sept. 12, 2019

Sept. 12, 2019

PACER

Notice of rescheduling hearing

Sept. 12, 2019

Sept. 12, 2019

PACER
35

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)

Nov. 15, 2019

Nov. 15, 2019

Clearinghouse
36

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)

Nov. 18, 2019

Nov. 18, 2019

RECAP

Case Details

State / Territory: Florida

Case Type(s):

Disability Rights

Key Dates

Filing Date: Nov. 1, 2018

Closing Date: Nov. 18, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disability Rights Florida, Inc. (DR Florida), Florida’s Protection & Advocacy system

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Lakeside Behavioral Healthcare, Non-profit or advocacy

Case Details

Causes of Action:

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Available Documents:

Trial Court Docket

Complaint (any)

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing