Case: Disability Rights Florida v. Palmer

4:18-cv-00342 | U.S. District Court for the Northern District of Florida

Filed Date: July 19, 2018

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Case Summary

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People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14510385/parties/disability-rights-florida-inc-v-palmer/


Judge(s)
Attorney for Plaintiff

DIETZ, MATTHEW WILSON (Florida)

GOODMAN, LISA CHARLI (Florida)

HARLEY, JENNIFER THOMPSON (Florida)

Attorney for Defendant

FINKBEINER, BRITTANY O (Florida)

HALL, WILLIAM DEAN (Florida)

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Documents in the Clearinghouse

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14510385/disability-rights-florida-inc-v-palmer/

Last updated Aug. 6, 2025, 9:50 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against PALMER (Filing fee $ 400 receipt number AFLNDC-4234719.), filed by DISABILITY RIGHTS FLORIDA INC. (HEYSTEK, AMANDA) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
2

CIVIL COVER SHEET. (HEYSTEK, AMANDA) (Entered: 07/19/2018)

July 19, 2018

July 19, 2018

PACER
3

NOTICE Summons In A Civil Action by DISABILITY RIGHTS FLORIDA INC (HEYSTEK, AMANDA) (Entered: 07/25/2018)

July 25, 2018

July 25, 2018

PACER
4

Summons Issued as to BARBARA PALMER. (vkm) (Entered: 07/26/2018)

July 26, 2018

July 26, 2018

PACER
5

SUMMONS Returned Executed by DISABILITY RIGHTS FLORIDA INC. BARBARA PALMER served on 7/30/2018, answer due 8/20/2018. (HEYSTEK, AMANDA) (Entered: 08/06/2018)

Aug. 6, 2018

Aug. 6, 2018

PACER
6

NOTICE of Appearance by WILLIAM DEAN HALL, III on behalf of BARBARA PALMER (HALL, WILLIAM) (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
7

Unopposed MOTION for Enlargement of Time to Respond to 1 Complaint by BARBARA PALMER. (HALL, WILLIAM) Modified on 8/20/2018 to reflect consent (ckm). (Entered: 08/17/2018)

Aug. 17, 2018

Aug. 17, 2018

PACER
8

ORDER EXTENDING THE DEADLINE TO RESPOND TO THE COMPLAINT - The defendant's unopposed motion, ECF No. 7, to extend the deadline to respond to the complaint is granted. (Answer due by 9/4/2018.) Signed by JUDGE ROBERT L HINKLE on 8/20/2018. (ckm) (Entered: 08/21/2018)

Aug. 20, 2018

Aug. 20, 2018

PACER
9

Corporate Disclosure Statement/Certificate of Interested Persons by DISABILITY RIGHTS FLORIDA INC. (HEYSTEK, AMANDA) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
10

AMENDED Certificate of Interested Persons and Corporate Disclosure Statement (re 9 Corporate Disclosure Statement) by DISABILITY RIGHTS FLORIDA INC. (HEYSTEK, AMANDA) (Entered: 08/23/2018)

Aug. 23, 2018

Aug. 23, 2018

PACER
11

MOTION to Dismiss in Part by BARBARA PALMER. (Internal deadline for referral to judge if response not filed earlier: 9/14/2018). (HALL, WILLIAM) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
12

MEMORANDUM in Support re 11 MOTION to Dismiss in Part filed by BARBARA PALMER. (HALL, WILLIAM) (Entered: 08/31/2018)

Aug. 31, 2018

Aug. 31, 2018

PACER
13

REPORT of Rule 26(f) Planning Meeting (styled as Joint Case Management Report). (HEYSTEK, AMANDA) Modified on 9/11/2018 to reflect document title (ckm). (Entered: 09/10/2018)

Sept. 10, 2018

Sept. 10, 2018

PACER
14

SCHEDULING AND MEDIATION ORDER re: 13 Report of Rule 26(f) Planning Meeting (Jury Trial set for 7/15/2019 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. Discovery due by 4/24/2019. Dispositive Motions to be filed by 5/22/2019. Mediation Report due by 5/8/2019.) Case referred to mediation. Signed by JUDGE ROBERT L HINKLE on 9/11/2018. (ckm) (Entered: 09/11/2018)

Sept. 11, 2018

Sept. 11, 2018

PACER
15

RULE 26 Disclosures by BARBARA PALMER. (HALL, WILLIAM) (Entered: 09/13/2018)

Sept. 13, 2018

Sept. 13, 2018

PACER
16

RESPONSE in Opposition re 11 MOTION to Dismiss in Part filed by DISABILITY RIGHTS FLORIDA INC. (HEYSTEK, AMANDA) (Entered: 09/14/2018)

Sept. 14, 2018

Sept. 14, 2018

PACER
17

CERTIFICATE OF SERVICE by BARBARA PALMER of Discovery (HALL, WILLIAM) (Entered: 11/16/2018)

Nov. 16, 2018

Nov. 16, 2018

PACER
18

DISCOVERY ADVISORY: Re 17 NOTICE OF SERVICE OF DEFENDANTS RESPONSES TO PLAINTIFF'S INTERROGATORIES AND REQUEST FOR PRODUCTION: Counsels attention is directed to Federal Rule of Civil Procedure 5(d), which prohibits the filing of discovery materials (including notices of deposition, deposition transcripts, interrogatories and interrogatory responses and notices thereof, production requests and responses and notices thereof, and admissions requests and responses and notices thereof) and disclosures under Rules 26(a)(1) and 26(a)(2), unless and until needed for consideration of pending motions by the court. This advisory serves as notice that no further discovery materials should be filed and all discovery posting options have been removed from CMECF. (amm) (Entered: 11/19/2018)

Nov. 19, 2018

Nov. 19, 2018

PACER
19

MOTION for Protective Order by BARBARA PALMER. (Attachments: # 1 Text of Proposed Order Proposed Order) (HALL, WILLIAM) (Entered: 11/29/2018)

Nov. 29, 2018

Nov. 29, 2018

PACER
20

QUALIFIED PROTECTIVE ORDER GOVERNING CONFIDENTIAL INFORMATION. Signed by JUDGE ROBERT L HINKLE on 12/2/18. (amm) (Entered: 12/03/2018)

Dec. 2, 2018

Dec. 2, 2018

PACER
21

ORDER DISMISSING THE COMPLAINT AND GRANTING LEAVE TO AMEND - The motion to dismiss, ECF No. 11, is granted. The complaint is dismissed. I do not direct the entry of judgment. The plaintiff may file an amended complaint by 12/28/2018. This order does not stay discovery or affect ongoing proceedings. Signed by JUDGE ROBERT L HINKLE on 12/5/2018. (cle) (Entered: 12/06/2018)

Dec. 5, 2018

Dec. 5, 2018

PACER
22

FIRST AMENDED COMPLAINT FOR DECLARATORY AND INJUNCTIVE RELIEF against BARBARA PALMER, filed by DISABILITY RIGHTS FLORIDA INC. (HEYSTEK, AMANDA) (Entered: 12/28/2018)

Dec. 28, 2018

Dec. 28, 2018

PACER
23

ANSWER to 22 Amended Complaint by BARBARA PALMER. (HALL, WILLIAM) (Entered: 01/11/2019)

Jan. 11, 2019

Jan. 11, 2019

PACER
24

NOTICE of Appearance by BRITTANY O FINKBEINER on behalf of All Defendants (FINKBEINER, BRITTANY) (Entered: 03/14/2019)

March 14, 2019

March 14, 2019

PACER
25

NOTICE of Appearance by JENNIFER THOMPSON HARLEY on behalf of DISABILITY RIGHTS FLORIDA INC (HARLEY, JENNIFER) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
26

ORDER FOR PRETRIAL CONFERENCE. Attorney Conference to take place by 6/4/2019. Pretrial Stipulation due by 6/18/2019. Jury Trial set for 7/15/2019 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. Pretrial Conference set for 6/25/2019 01:00 PM by telephone before JUDGE ROBERT L HINKLE. The number to call is (888) 684-8852. Signed by JUDGE ROBERT L HINKLE on 03/18/2019. (rcb) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
27

NOTICE OF TELEPHONIC HEARING: Telephonic Pretrial Conference set for 6/25/2019 01:00 PM before JUDGE ROBERT L HINKLE. Call in number: 888-684-8852Access code: 3243416#Security code: 0625# s/ Cindy MarkleyCourtroom Deputy Clerk (ckm) (Entered: 03/18/2019)

March 18, 2019

March 18, 2019

PACER
28

NOTICE of Appearance by RACHEL LOUISE SIEGEL-MCLAUGHLIN on behalf of DISABILITY RIGHTS FLORIDA INC (SIEGEL-MCLAUGHLIN, RACHEL) (Entered: 04/05/2019)

April 5, 2019

April 5, 2019

PACER
29

NOTICE OF MEDIATION re Scheduling by BARBARA PALMER. (FINKBEINER, BRITTANY) (Entered: 04/08/2019)

April 8, 2019

April 8, 2019

PACER
30

NOTICE of Taking Rule 30(b)(6) Deposition Duces Tecum by DISABILITY RIGHTS FLORIDA INC (SIEGEL-MCLAUGHLIN, RACHEL) (Entered: 04/09/2019)

April 9, 2019

April 9, 2019

PACER
31

DISCOVERY ADVISORY: Re 30 Notice (Other) filed by DISABILITY RIGHTS FLORIDA INC Counsels attention is directed to Federal Rule of Civil Procedure 5(d), which prohibits the filing of discovery materials (including notices of deposition, deposition transcripts, interrogatories and interrogatory responses and notices thereof, production requests and responses and notices thereof, and admissions requests and responses and notices thereof) and disclosures under Rules 26(a)(1) and 26(a)(2), unless and until needed for consideration of pending motions by the court. This advisory serves as notice that no further discovery materials should be filed and all discovery posting options have been removed from CMECF. (rcb) (Entered: 04/10/2019)

April 10, 2019

April 10, 2019

PACER
32

MEDIATION REPORT - Impasse (FARRELL, PATRICK) (Entered: 05/09/2019)

May 9, 2019

May 9, 2019

PACER
33

MOTION for Summary Judgment by BARBARA PALMER. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 6/12/2019). (Attachments: # 1 Affidavit Rice Affidavit, # 2 Exhibit Excerpts from the Plaintiff's responses to APD's interrogatory requests, # 3 Exhibit Excerpts from the Plaintiff's 30(b)(6) deposition, # 4 Exhibit Excerpts from Tom Rice's deposition, # 5 Exhibit Exhibit 16 to Tom Rice's deposition, # 6 Exhibit Exhibit 17 to Tom Rice's deposition, # 7 Exhibit Exhibit 18 to Tom Rice's deposition, # 8 Exhibit Exhibit 19 to Tom Rice's deposition, # 9 Exhibit Excerpts from exhibit 35 to Tom Rice's deposition, # 10 Exhibit Exhibit 37 to Tom Rice's deposition, # 11 Exhibit Exhibit 38 to Tom Rice's deposition, # 12 Exhibit Excerpt from Elizabeth Garcia's deposition, # 13 Exhibit Rule 65G-13, F.A.C., # 14 Exhibit Excerpts from Fred Moore's deposition, # 15 Exhibit Exhibit from Fred Moore's deposition (redacted), # 16 Exhibit Excerpt from Edward Hughes' deposition, # 17 Exhibit Excerpt from Dr. Nikki Keefer's deposition, # 18 Exhibit Excerpt from Melanie Miller's deposition, # 19 Exhibit Rule 65G-8, F.A.C., # 20 Exhibit Excerpts from Laura Nuss' deposition) (HALL, WILLIAM) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
34

MOTION for Summary Judgment by DISABILITY RIGHTS FLORIDA INC. (Internal deadline for referral to judge if response to summary judgment not filed earlier: 6/12/2019). (HEYSTEK, AMANDA) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
35

NOTICE OF FILING EXHIBITS by DISABILITY RIGHTS FLORIDA INC re 34 MOTION for Summary Judgment (Attachments: # 1 Exhibit Deposition Coleman, # 2 Exhibit Deposition Garcia, # 3 Exhibit Keefer Report ARS, # 4 Exhibit DePalma Declaration, # 5 Exhibit Nuss Report, # 6 Exhibit APD Ppt Slide 13, # 7 Exhibit Deposition Rice, # 8 Exhibit Dual Dx Wrkgrp Report, # 9 Exhibit APD Incident Hints, # 10 Exhibit APD BAPC White Paper, # 11 Exhibit APD and AHCA List, # 12 Exhibit LBR STS Prgrm, # 13 Exhibit Brown Declaration, # 14 Exhibit CDC Handbook, # 15 Exhibit Deposition Whitehead, # 16 Exhibit Deposition Fulcher, # 17 Exhibit Deposition Nuss, # 18 Exhibit LBR BA Srvcs, # 19 Exhibit APD Response to Interog) (HEYSTEK, AMANDA) (Entered: 05/22/2019)

May 22, 2019

May 22, 2019

PACER
36

Joint MOTION for Extension of Time to File Response/Reply as to 34 MOTION for Summary Judgment, 33 MOTION for Summary Judgment by DISABILITY RIGHTS FLORIDA INC. (HEYSTEK, AMANDA) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER
37

MOTION to Continue the Trial by DISABILITY RIGHTS FLORIDA INC. (HEYSTEK, AMANDA) (Entered: 06/07/2019)

June 7, 2019

June 7, 2019

PACER
38

MOTION in Limine by DISABILITY RIGHTS FLORIDA INC. (DIETZ, MATTHEW) (Entered: 06/11/2019)

June 11, 2019

June 11, 2019

PACER
39

ORDER EXTENDING THE DEADLINE FOR SUMMARY-JUDGMENT RESPONSES AND SETTING ALL MOTIONS FOR HEARING. The unopposed motion, ECF No. 36, to extend the deadline for responses to the two pending summary-judgment motions is granted. The deadline is extended to June 17, 2019. The motions remain scheduled for oral argument at the pretrial conference on June 25, 2019. Summary-judgment arguments will be limited to 20 minutes per side on both motions combined. All other motions also will be heard at the pretrial conference.(Response to Summary Judgment Motion to be filed by 6/17/2019.) Signed by JUDGE ROBERT L HINKLE on 06/11/2019. (rcb) Modified to correct summary judgment docket text on 6/17/2019 (rcb). Modified to add font for order on 6/18/2019 (rcb). (Entered: 06/12/2019)

June 11, 2019

June 11, 2019

PACER

Set Response Deadlines as to 38 MOTION in Limine . (Internal deadline for referral to judge if response not filed earlier: 6/26/2019). (rcb)

June 12, 2019

June 12, 2019

PACER
40

Defendant's Memorandum Opposing Plaintiff's Motion for Partial Summary Judgment filed by BARBARA PALMER. (Attachments: # 1 Plaintiff's 30(b)(6) deposition excerpts, # 2 Rule 65G-8001, F.A.C., # 3 Tom Rice deposition excerpts, # 4 Rice deposition exhibit 13 excerpts, # 5 Rice deposition exhibit 38, # 6 Affidavit Scott Traynor, # 7 Elizabeth Garcia deposition excerpts, # 8 Rule 59G-13.070, F.A.C., # 9 Rule 59G-13.081, F.A.C., # 10 Coleman deposition exhibit 7, # 11 Suzanne Sewell deposition excerpts, # 12 Dr. Steve Coleman deposition excerpts, # 13 Coleman deposition exhibit 13, # 14 Coleman deposition exhibit 17, # 15 Lorena Fulcher deposition excerpts) (HALL, WILLIAM) Modified to correct title on 6/18/2019 (rcb). (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
41

Plaintiff's Response to Defendant's Motion for Summary Judgment filed by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit Rice Deposition, # 2 Exhibit Coleman Deposition, # 3 Exhibit Miller et al Report, # 4 Exhibit Incident Report, # 5 Exhibit Email re KG, # 6 Exhibit Nuss Report, # 7 Exhibit Incident Summary, # 8 Exhibit Whitehead Deposition, # 9 Exhibit IFS Slides, # 10 Exhibit Sewell Deposition, # 11 Exhibit Nuss Deposition, # 12 Exhibit DePalma Deposition) (HEYSTEK, AMANDA) Modified to correct title on 6/18/2019 (rcb). (Entered: 06/17/2019)

June 17, 2019

June 17, 2019

PACER
42

Joint Pretrial Stipulation by BARBARA PALMER. (Attachments: # 1 Plaintiff's Exhibit List, # 2 APD's Exhibit List) (HALL, WILLIAM) Modified to correct title on 6/19/2019 (rcb). (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
43

TRIAL BRIEF by BARBARA PALMER. (HALL, WILLIAM) (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
44

Defendant's Proposed Findings of Fact and Conclusions of Law by BARBARA PALMER. (HALL, WILLIAM) Modified to correct title on 6/19/2019 (rcb). (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
45

Proposed Opinion In Disability Rights Florida, Inc v. Palmer by DISABILITY RIGHTS FLORIDA INC. (HEYSTEK, AMANDA) Modified to correct title on 6/19/2019 (rcb). (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
46

Plaintiff's Trial Brief on Disputed Issues of Law by DISABILITY RIGHTS FLORIDA INC. (HEYSTEK, AMANDA) Modified to correct title on 6/19/2019 (rcb). (Entered: 06/18/2019)

June 18, 2019

June 18, 2019

PACER
47

Defendant's Memorandum in Opposition to Plaintiff's Motion in Limine filed by BARBARA PALMER. (HALL, WILLIAM) Modified to correct title on 6/25/2019 (rcb). (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
48

Defendant's Reply Memorandum in Support of re 33 MOTION for Partial Summary Judgment filed by BARBARA PALMER. (HALL, WILLIAM) Modified to correct title on 6/25/2019 (rcb). (Entered: 06/24/2019)

June 24, 2019

June 24, 2019

PACER
49

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Telephonic Motion Hearing held on 6/25/2019. Court hears argument of counsel regarding Motions for Summary Judgment and Motion to Continue Trial. Ruling by Court: Motion to Continue is granted. An order is forthcoming with the ruling on summary judgment. (Court Reporter Judy Gagnon) (ckm) (Entered: 06/25/2019)

June 25, 2019

June 25, 2019

PACER
50

MOTION for Judicial Notice by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit fl stat 394.67, # 2 Exhibit Rule 65E-14.021, # 3 Exhibit FACT Hndbk, # 4 Exhibit Depo Tx Coleman) (HEYSTEK, AMANDA) (Entered: 06/28/2019)

June 28, 2019

June 28, 2019

PACER
51

Plaintiff's Motion to Substitute Exhibit and Correct Citation 41 Response in Opposition to Motion Citation and Exhibit 5 by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit 41-5) (HEYSTEK, AMANDA) Modified to correct title on 7/3/2019 (rcb). (Entered: 07/02/2019)

July 2, 2019

July 2, 2019

PACER

Set/Reset Deadlines as to 51 MOTION to Amend/Correct 41 Response in Opposition to Motion,, Citation and Exhibit 5. (Internal deadline for referral to judge if response not filed earlier: 7/16/2019). (rcb)

July 2, 2019

July 2, 2019

PACER
52

DOCKET ANNOTATION BY COURT TO ATTORNEY AMANDA HEYSTEK: Counsel is advised that for all future pleadings in this case and any future cases assigned to Judge Hinkle, exhibits attached to a document filing should be properly identified in the docket text when posting the document. (Example: Deposition of John Doe rather than Exhibit A.) (rcb) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
53

MEMORANDUM in Opposition re 50 MOTION for Judicial Notice filed by BARBARA PALMER. (HALL, WILLIAM) (Entered: 07/03/2019)

July 3, 2019

July 3, 2019

PACER
54

Defendant's Memorandum in Partial Opposition to Plaintiff's Motion to Substitute Exhibit and Correct Citation filed by BARBARA PALMER. (HALL, WILLIAM) Modified to correct title on 7/15/2019 (rcb). (Entered: 07/12/2019)

July 12, 2019

July 12, 2019

PACER

ACTION NO LONGER REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 51 MOTION to Amend/Correct 41 Response in Opposition to Motion,, Citation and Exhibit 5 **Response not filed** (rcb) Modified to notate ECF 54 is Def's response to ECF 51 on 7/18/2019 (rcb).

July 18, 2019

July 18, 2019

PACER
55

ORDER TAKING JUDICIAL NOTICE AND ACCEPTING A LATE-FILED EXHIBIT. The motion to substitute an exhibit, ECF No. 51, is granted. ECF No. [51-1] is deemed part of the summary-judgment record. The motion for judicial notice, ECF No. 50, is granted in part and denied in part. Judicial notice is taken as set out in this order. Signed by JUDGE ROBERT L HINKLE on 8/29/2019. (rcb) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
56

ORDER GRANTING SUMMARY JUDGMENT IN PART. The defendant's motion for summary judgment, ECF No. 33, is granted in part. The plaintiff's motion for partial summary judgment, ECF No. 34, is denied. The clerk must set a pretrial conference by telephone for the first available date on or after September 12, 2019. Signed by JUDGE ROBERT L HINKLE on 8/29/2019. (rcb) (Entered: 08/29/2019)

Aug. 29, 2019

Aug. 29, 2019

PACER
57

NOTICE OF TELEPHONIC HEARING: Telephonic Pretrial Conference set for 9/12/2019 03:30 PM before JUDGE ROBERT L HINKLE. Call in number: 888-684-8852Access code: 3243416#Security code: 0912# s/ Cindy MarkleyCourtroom Deputy Clerk (ckm) (Entered: 08/30/2019)

Aug. 30, 2019

Aug. 30, 2019

PACER
58

Unopposed MOTION for Leave to Withdraw as Attorney by DISABILITY RIGHTS FLORIDA INC. (HEYSTEK, AMANDA) Modified to modify title on 9/5/2019 (rcb). (Entered: 09/04/2019)

Sept. 4, 2019

Sept. 4, 2019

PACER
60

ORDER GRANTING LEAVE TO WITHDRAW HEYSTEK. Attorney Amanda E. Heysteks motion for leave to withdraw, ECF No. 58, is granted, effective immediately. Signed by JUDGE ROBERT L HINKLE on 9/8/19. (blb) (Entered: 09/09/2019)

Sept. 8, 2019

Sept. 8, 2019

PACER
59

NOTICE OF RESCHEDULED HEARING: Telephonic Pretrial Conference set for 10/1/2019 11:00 AM before JUDGE ROBERT L HINKLE. Call in number: 888-684-8852Access code: 3243416#Security code: 1001# s/ Cindy MarkleyCourtroom Deputy Clerk (ckm) (Entered: 09/09/2019)

Sept. 9, 2019

Sept. 9, 2019

PACER
61

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Telephonic Pretrial Conference held on 10/1/2019. Court conducts pretrial conference and addresses motion in limine. Ruling by Court: Trial will be specially set for May 11, 2020. Plaintiff's Motion in Limine is denied. An order is forthcoming. (Jury Trial set for 5/11/2020 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.) (Court Reporter Dana Reeves) (ckm) (Entered: 10/01/2019)

Oct. 1, 2019

Oct. 1, 2019

PACER
62

PRETRIAL ORDER. Bench Trial set for 5/11/2020 09:00 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. Each party must serve by 4/13/2020 revised disclosures under Federal Rule of Civil Procedure 26(a)(3)(A)(i), (ii), and (iii). Every exhibit marked with a readily identifiable exhibit number, must be provided to the attorney by 4/13/2020. The plaintiff's motion in limine, ECF No. 38, is denied. Signed by JUDGE ROBERT L HINKLE on 10/02/2019. (rcb) Modified to add paragraph 8 of this order on 10/7/2019 (rcb). Modified on 3/20/2020 to change to Bench Trial (ckm). (Entered: 10/02/2019)

Oct. 2, 2019

Oct. 2, 2019

PACER
63

MOTION for Reconsideration re 56 Order on Motion for Summary Judgment,,, by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit A- Declaration of Craig Cook, # 2 Exhibit B- A.R.S. 30-Day Notice) (DIETZ, MATTHEW) (Entered: 10/07/2019)

Oct. 7, 2019

Oct. 7, 2019

PACER

Set/Reset Deadlines as to 63 MOTION for Reconsideration re 56 Order on Motion for Summary Judgment. (Internal deadline for referral to judge if response not filed earlier: 10/22/2019). (rcb)

Oct. 8, 2019

Oct. 8, 2019

PACER
64

Defendant's Memorandum Opposing The Plaintiff's Motion For Reconsideration Of Order Granting Summary Judgement In Part filed by BARBARA PALMER. (Attachments: # 1 Exhibit 2018 Attain Contract, # 2 Exhibit 2019 Attain Renewal, # 3 Affidavit Scott Traynor, # 4 Affidavit Kristin Korinko) (HALL, WILLIAM) Modified to correct title on 10/22/2019 (rcb). (Entered: 10/21/2019)

Oct. 21, 2019

Oct. 21, 2019

PACER
65

MOTION for Leave to File re 64 Memorandum in Opposition to Motion, REPLY by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit APD Motion to Dismiss) (DIETZ, MATTHEW) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
66

MOTION to Seal Document 64 Memorandum in Opposition to Motion, by BARBARA PALMER. (HALL, WILLIAM) (Entered: 10/22/2019)

Oct. 22, 2019

Oct. 22, 2019

PACER
67

ORDER SEALING EXHIBITS [64-1] THROUGH [64-4]. The defendant's unopposed motion, ECF No. 66, to seal ECF Nos. [64-1] through [64-4] is granted. The clerk must maintain those documents under seal until otherwise ordered. Signed by JUDGE ROBERT L HINKLE on 10/24/2019. (rcb) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER
68

ORDER ALLOWING A REPLY MEMORANDUM ON THE MOTION FOR RECONSIDERATION - The plaintiff's motion for leave to file a reply memorandum, ECF No. 65, in support of its motion for reconsideration is granted. The plaintiff may file by December 16, 2019, a reply memorandum not exceeding 2,400 words. Signed by JUDGE ROBERT L HINKLE on 11/27/2019. (ckm) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
69

Unopposed Motion For Leave To Withdraw As Counsel by BARBARA PALMER. (HALL, WILLIAM) Modified to correct title on 12/13/2019 (rcb). (Entered: 12/12/2019)

Dec. 12, 2019

Dec. 12, 2019

PACER

Set Deadlines/Hearings Plaintiff's Reply Memorandum per ECF 68 due by 12/16/2019 (rcb)

Dec. 12, 2019

Dec. 12, 2019

PACER
70

ORDER GRANTING 69 LEAVE TO WITHDRAW. The attorney Brittany O. Finkbeiner's motion for leave to withdraw, ECF No. 69, is granted, effective immediately. Attorney BRITTANY O FINKBEINER terminated. Signed by JUDGE ROBERT L HINKLE on 12/15/2019. (rcb) (Entered: 12/16/2019)

Dec. 15, 2019

Dec. 15, 2019

PACER
71

REPLY to Response to Motion re 63 MOTION for Reconsideration re 56 Order on Motion for Summary Judgment,,, Reply to Defendant's Response to Plaintiff's Motion for Reconsideration filed by DISABILITY RIGHTS FLORIDA INC. (Attachments: # 1 Exhibit Exhibit "A", # 2 Exhibit Exhibit "B", # 3 Exhibit Exhibit "C") (HARLEY, JENNIFER) (Entered: 12/16/2019)

Dec. 16, 2019

Dec. 16, 2019

PACER
72

DOCKET ANNOTATION BY COURT: Re 71 Reply to Response to Motion-Attorney Jennifer Thompson Harley is advised that for all future pleadings in this case and any future cases assigned to Judge Hinkle, exhibits attached to a document filing should be properly identified in the docket text when posting the document. (Example: Deposition of John Doe rather than Exhibit A.) (rcb) (Entered: 12/17/2019)

Dec. 17, 2019

Dec. 17, 2019

PACER
73

ORDER FOR A HEARING ON THE MOTION TO RECONSIDER THE PARTIAL SUMMARY JUDGMENT. The clerk must set a hearing on the motion to reconsider, ECF No. 63 . Signed by JUDGE ROBERT L HINKLE on 12/30/19. (blb) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
74

NOTICE OF TELEPHONIC HEARING on 63 Motion for Reconsideration: Telephonic Motion Hearing set for 1/24/2020 11:00 AM before JUDGE ROBERT L HINKLE. Call in number: 888-684-8852Access code: 3243416#Security code: 0124# s/ Cindy MarkleyCourtroom Deputy Clerk (ckm) (Entered: 01/03/2020)

Jan. 3, 2020

Jan. 3, 2020

PACER
75

NOTICE OF RESCHEDULED TELEPHONIC HEARING on 63 Motion for Reconsideration: Telephonic Motion Hearing reset for 2/25/2020 02:00 PM before JUDGE ROBERT L HINKLE. Call in number: 888-684-8852Access code: 3243416#Security code: 0225# s/ Cindy MarkleyCourtroom Deputy Clerk (ckm) (Entered: 01/14/2020)

Jan. 14, 2020

Jan. 14, 2020

PACER
76

AFFIDAVIT re 73 Order Declaration of Clarence Lewis regarding ARS' current treatment and status of administrative challenge by BARBARA PALMER. (Attachments: # 1 Exhibit New iBudget Notice for ARS) (HALL, WILLIAM) (Entered: 02/20/2020)

Feb. 20, 2020

Feb. 20, 2020

PACER
77

Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Telephonic Motion Hearing held on 2/25/2020. Court hears argument of counsel on Motion for Reconsideration. Ruling by Court: Motion is denied. An order is forthcoming. (Court Reporter Lisa Snyder) (ckm) (Entered: 02/25/2020)

Feb. 25, 2020

Feb. 25, 2020

PACER
78

ORDER DENYING 63 THE MOTION TO RECONSIDER THE SUMMARY-JUDGMENT RULING AND SETTING A DEADLINE TO MOVE TO AMEND THE ANSWER. The plaintiff's motion, ECF No. 63, to reconsider part of the summary-judgment ruling, ECF No. 56, is denied. The deadline for the defendant to move to amend the answer to assert a fundamental-alteration defense is March 10, 2020. BARBARA PALMER answer due 3/10/2020. Signed by JUDGE ROBERT L HINKLE on 02/26/2020. (rcb) (Entered: 02/27/2020)

Feb. 26, 2020

Feb. 26, 2020

PACER

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 78 Order. (rcb)**Move to amend the answer not filed on 3/10/2020**

March 11, 2020

March 11, 2020

PACER
79

Defendant's Unopposed Motion To Extend Time To File Amended Answer Based on Excusable Neglect, And To Accept The Defendants' Amended Answer (Attachments: # 1 Exhibit Amended Answer to Amended Complaint) (HALL, WILLIAM) Modified to edit title on 3/12/2020 (rcb). (Entered: 03/11/2020)

March 11, 2020

March 11, 2020

PACER
80

ORDER DEEMING THE AMENDED ANSWER TIMELY. The defendant's unopposed motion, ECF No. 79, to extend the deadline to amend the answer to the amended complaint is granted. The amended answer, ECF No. 79 -1, is deemed timely. Signed by JUDGE ROBERT L HINKLE on 3/19/2020. (kjw) (Entered: 03/20/2020)

March 19, 2020

March 19, 2020

PACER
81

ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE MARTIN A FITZPATRICK for all further proceedings. MAGISTRATE JUDGE CHARLES A STAMPELOS no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 4/3/2020. (erl)**Please use the new judge's initials for all future filings: 4:18cv342-RH/MAF. (Entered: 04/06/2020)

April 3, 2020

April 3, 2020

PACER
82

Joint Motion For Limited Extension Of Revised Disclosures, Witness List, And Exhibit List (SIEGEL-MCLAUGHLIN, RACHEL) Modified to edit title on 4/13/2020 (rcb). (Entered: 04/10/2020)

April 10, 2020

April 10, 2020

PACER
83

ORDER EXTENDING THE DEADLINE FOR PRETRIAL PAPERS. The joint motion, ECF No. 82, to extend the deadline for revised disclosures and revised witness and exhibit lists is granted. The deadline is extended to 4/27/2020. Signed by JUDGE ROBERT L HINKLE on 4/13/2020. (rcb) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER
84

Joint Stipulation of Dismissal (SIEGEL-MCLAUGHLIN, RACHEL) Modified to edit title on 4/27/2020 (rcb). (Entered: 04/24/2020)

April 24, 2020

April 24, 2020

PACER
85

ORDER CLOSING THE FILE. The parties have filed a stipulation for dismissal with prejudice. ECF No. 84 . The notice is effective without an order. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). This order confirms that the case has been dismissed. The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 4/28/2020. (rcb) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER

Case Details

State / Territory: Florida

Case Type(s):

Disability Rights

Healthcare Access and Reproductive Issues

Key Dates

Filing Date: July 19, 2018

Plaintiffs

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Issues

Disability and Disability Rights:

Mental impairment

P&A Associational Standing