Case: Githieya v. Global Tel*Link

1:15-cv-00986 | U.S. District Court for the Northern District of Georgia

Filed Date: April 3, 2015

Case Ongoing

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Case Summary

This is a class-action lawsuit filed by incarcerated people in Georgia against the prison phone provider Global Tel*Link Corp. The plaintiffs alleged that Global Tel*Link (GTL) illegally took money from inactive accounts belonging to incarcerated people and their families in violation of the Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961, for wire fraud, the Federal Communications Act, and various state laws. Plaintiffs filed their lawsuit on April 3, 2015, represented by Georgia law firms Radford & Keebaugh, LLC and Andrew R. Lynch, P.C. The case was filed in the U.S. District Court for the Northern District of Georgia and assigned to U.S. District Judge Judge Amy Totenberg. Plaintiffs sought a declaration that GTL's actions were unlawful, damages including treble damages, and a jury trial.

On January 25, 2016, the court granted GTL's motion to compel arbitration. 2016 WL 304534. Plaintiffs agreed that they entered into a contract with GTL, but claimed that the arbitration clause therein was not part of the assented-to contract. The court disagreed, holding that the agreement between the parties delegated the threshold question of whether to arbitrate to an arbitrator. Plaintiffs moved for an interlocutory appeal, but the court rejected this request. 2016 WL 11770353.

Following a lengthy period of discovery, the court denied GTL’s motion to dismiss without prejudice on September 7, 2018. 2018 WL 11395476. The court agreed with GTL that plaintiffs had not specifically pleaded interstate, as opposed to intrastate, calls as required under the FCA. However, because plaintiffs had reliably said that they intended to mend this error, the court addressed anticipated issues beyond that point, in addition to granting partial leave to amend. The court rejected GTL’s argument that the matter should have been referred to the Federal Communications Commission (FCC) for three reasons: (1) referral would be inappropriate since the FCC had already said that GTL's alleged conduct was unlawful; (2) referral would cause unnecessary delay; and (3) an FCC Order condemning GTL’s inactivity practice applied retroactively to the relevant period. Judge Totenbeg denied the motion to dismiss the state law claims because neither the Filed Rate Doctrine nor the Voluntary Payment Doctrine barred plaintiffs' claims. Also, even though the parties agreed that a contract was formed, the court allowed plaintiffs' unjust enrichment claim to stand as an argument in the alternative. On October 12, 2018, plaintiffs filed an amended complaint.

On November 30, 2020, the court granted plaintiffs' motion to certify the class, certifying a class of: "All persons nationwide who (i) established and funded a prepaid account through GTL's interactive-voice-response (“IVR”) system in order to receive telephone calls from a person incarcerated in Georgia or South Carolina, and (ii) had a positive account balance that was reduced to $0.00 due to account inactivity for 180 days or less on or after April 3, 2011."

The court ordered the parties to resume mediation consistent with this class certification and the terms of the sanctions order discussed in the next paragraph.

During briefing for the class certification issue, the court learned that GTL had misled plaintiffs and the court regarding prisoners' notice of GTL's inactivity policy: "GTL repeatedly and consistently represented to Plaintiffs and the Court that the script stated that account 'balances that remain unused may expire after 90 days.'" 2020 WL 7022451. On November 30, 2020, the same day that she granted class certification to plaintiffs, Judge Totenberg held that GTL acted in bad faith and their actions prejudiced plaintiffs. Thus, the court ordered that: (1) there were valid contracts between GTL and plaintiffs and that GTL was precluded from arguing that plaintiffs had notice of any inactivity policy; (2) struck all portions of GTL's responses to plaintiffs’ motion for class certification that mentioned any purported notice to plaintiffs of an inactivity policy; and (3) ordered GTL to pay plaintiffs for all attorney's fees and costs incurred in discovery, class certification briefing, and litigation of sanctions issues. Plaintiffs notified the court that GTL had satisfied the court’s order on attorneys’ fees on January 25, 2021.

On December 29, 2021, the parties entered into a class action settlement in which GTL agreed to pay back $67 million of illegally imposed charges. GTL also agreed to implement a new inactivity policy, which would be prominently described and employees would be trained on this new policy. Under the settlement, the court retained jurisdiction to enforce the agreement for five years (until 2027).

The case is ongoing pending final determination of plaintiffs' attorneys’ fees and costs for the period of litigation following November 30, 2020.

Summary Authors

Jordan Katz (8/22/2022)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/4242860/parties/githieya-v-global-tel-link-corporation/

Judge(s)

Attorney for Plaintiff

Brewerton-Palmer, Sarah (Georgia)

Brown, Ashley Christina (Georgia)

Caplan, Michael A. (Georgia)

Attorney for Defendant

Belinfante, Joshua Barrett (Georgia)

Bird, Daniel G. (Georgia)

Expert/Monitor/Master/Other

Judge(s)

Totenberg, Amy Mil (Georgia)

Attorney for Plaintiff

Brewerton-Palmer, Sarah (Georgia)

Brown, Ashley Christina (Georgia)

Caplan, Michael A. (Georgia)

Cobb, James William (Georgia)

Dardarian, Linda M. (Georgia)

Goldstein, Barry (Georgia)

Keebaugh, Regan E. (Georgia)

Lynch, Andrew Raymond (Georgia)

Radford, James E. (Georgia)

Waddell, Timothy Brandon (Georgia)

Attorney for Defendant

Belinfante, Joshua Barrett (Georgia)

Bird, Daniel G. (Georgia)

Crisham, John K. (Georgia)

Dunn, Evan Clayton (Georgia)

Herrington, Robert J. (Georgia)

Ho, Derek T. (Georgia)

King, Michael James (Georgia)

Littlefield, Jeremy U. (Georgia)

Panner, Aaron M. (Georgia)

Sklaire, Michael R. (Georgia)

Softness, Benjamin S. (Georgia)

Other

Sinkfield, Richard H. (Georgia)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 1:15-cv-00986	Class Action Complaint Githieya v. Global Tel Link Corporation	April 3, 2015	April 3, 2015 Complaint
23 1:15-cv-00986	Order	Jan. 25, 2016	Jan. 25, 2016 Order/Opinion 2016 WL 304534
26 1:15-cv-00986	Order	March 29, 2016	March 29, 2016 Order/Opinion 2016 WL 11770353
170 1:15-cv-00986	Order Githieya v. Global Tel Link Corporation	Sept. 7, 2018	Sept. 7, 2018 Order/Opinion 2018 WL 11395476
178 1:15-cv-00986	Third Amended Class Action Complaint	Oct. 12, 2018	Oct. 12, 2018 Complaint
275 1:15-cv-00986	Opinion and Order Githieya v. Global Tel Link Corporation	Nov. 30, 2020	Nov. 30, 2020 Order/Opinion 2020 WL 7022451
276 1:15-cv-00986	Order Githieya v. Global Tel Link Corporation	Nov. 30, 2020	Nov. 30, 2020 Order/Opinion 2020 WL 12948011
326-1 1:15-cv-00986	Class Action Settlement Agreement and Release Githieya v. Global Tel Link Corporation	Dec. 6, 2021	Dec. 6, 2021 Settlement Agreement
331 1:15-cv-00986	Order Granting Plaintiffs’ Unopposed Motion for Preliminary Approval of Class Action Settlement	Dec. 29, 2021	Dec. 29, 2021 Order/Opinion
332 1:15-cv-00986	Fourth Amended Complaint	Dec. 29, 2021	Dec. 29, 2021 Complaint

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/4242860/githieya-v-global-tel-link-corporation/

Last updated Aug. 28, 2026, 5:08 a.m.

Docket for: Githieya v. Global Tel Link Corporation

ECF Number	Date	Description	Link
1	April 3, 2015	COMPLAINT with Jury Demand filed by Benson Githieya. ( Filing fee $ 400.00 receipt number 113E-5752911.) (Attachments: # 1 Civil Cover Sheet)(eop) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 04/06/2015) 1 Civil Cover Sheet View on PACER	RECAP
2	April 3, 2015	Electronic Summons Issued as to Global Tel Link Corporation. (eop) (Entered: 04/06/2015)	RECAP
3	April 9, 2015	Guidelines to Parties and Counsel Proceeding Before the Honorable Amy Totenberg. Signed by Judge Amy Totenberg on 4/09/2015. (jtj) (Entered: 04/09/2015)	RECAP
4	April 9, 2015	Return of Service Executed by Benson Githieya. Global Tel Link Corporation served on 4/9/2015, answer due 4/30/2015. (Radford, James) (Entered: 04/09/2015)	RECAP
5	April 29, 2015	MOTION for Extension of Time to File Answer by Global Tel Link Corporation. (Attachments: # 1 Exhibit [Proposed] Consent Order Granting Motion to Extend Time to Respond to Complaint)(King, Michael) (Entered: 04/29/2015)	RECAP
6	April 29, 2015	ORDER GRANTING 5 Motion for Extension of Time to Answer 1 Complaint. Global Tel*Link Corporation shall file its responsive pleadings on or before May 14, 2015. Signed by Judge Amy Totenberg on 4/29/2015. (jtj) (Entered: 04/29/2015)	RECAP
7	May 8, 2015	Second MOTION for Extension of Time to File Answer by Global Tel Link Corporation. (Attachments: # 1 Exhibit [Proposed] Consent Order Granting Second Motion to Extend Time to Respond to Complaint)(King, Michael) (Entered: 05/08/2015)	RECAP
8	May 11, 2015	CONSENT ORDER GRANTING 7 Motion for Extension of Time to Answer 1 Complaint. Global Tel*Link Corporation shall file its responsive pleadings on or before May 14, 2015. Signed by Judge Amy Totenberg on 5/11/2015. (jtj) (Entered: 05/11/2015)	RECAP
9	May 11, 2015	AMENDED CONSENT ORDER. Global Tel*Link Corporation shall file its responsive pleadings on or before May 21, 2015. Signed by Judge Amy Totenberg on 5/11/2015. (jtj) (Entered: 05/12/2015)	RECAP
	May 11, 2015	Submission of 7 Second MOTION for Extension of Time to File Answer, submitted to District Judge Amy Totenberg. (jtj)
	May 11, 2015	Submission to District Judge
10	May 21, 2015	MOTION to Compel Arbitration, or in the Alternative, PARTIAL MOTION to Dismiss with Brief In Support by Global Tel Link Corporation. (Attachments: # 1 Brief in Support of Motion to Compel Arbitration, or in the Alternative, Partial Motion to Dismiss and Memorandum of Law in Support, # 2 Exhibit Declaration of John W. Baker, II)(King, Michael) . Added MOTION to Dismiss on 5/22/2015. (jtj) (Entered: 05/21/2015) 1 Brief Brief in Support of Motion to Compel Arbitration, or in the Alternative, P View on PACER 2 Exhibit Declaration of John W. Baker, II View on PACER	RECAP
11	June 1, 2015	MOTION for Extension of Time File Response to Defendant's Motion to Compel Arbitration or in the Alternative Partial Motion to Dismiss by Benson Githieya. (Attachments: # 1 Text of Proposed Order)(Radford, James) (Entered: 06/01/2015)	RECAP
12	June 1, 2015	ORDER GRANTING 11 Motion for Extension of Time to Respond to 10 MOTION to Compel Arbitration, or in the Alternative, Partial Motion to Dismiss. Plaintiff shall file responsive pleadings on or before June 22, 2015. Signed by Judge Amy Totenberg on 6/01/2015. (jtj) (Entered: 06/02/2015)	RECAP
	June 1, 2015	Submission to District Judge
	June 1, 2015	Submission of 11 MOTION for Extension of Time File Response to Defendant's Motion to Compel Arbitration or in the Alternative Partial Motion to Dismiss, submitted to District Judge Amy Totenberg. (jtj)
13	June 11, 2015	AMENDED COMPLAINT against Global Tel Link Corporation with Jury Demand, filed by Benson Githieya. (Attachments: # 1 Screenshot of ConnectNetwork.com Mobile Site, # 2 Screenshot of ConnectNetwork Full Site)(Radford, James) Please visit our website at http://www.gand.uscourts.gov/forms to obtain Pretrial Instructions which includes the Consent To Proceed Before U.S. Magistrate form. (Entered: 06/11/2015) 1 Screenshot of ConnectNetwork.com Mobile Site View on PACER 2 Screenshot of ConnectNetwork Full Site View on PACER	RECAP
14	June 22, 2015	RESPONSE re 10 MOTION to Compel Arbitration, or in the Alternative, Partial MOTION to Dismiss filed by Benson Githieya. (Radford, James) (Entered: 06/22/2015)	RECAP
15	June 29, 2015	Joint MOTION for Extension of Time to File Response to 13 Amended Complaint and Set Deadline for Plaintiff to File Motion for Class Certification, by Global Tel Link Corporation. (Attachments: # 1 Exhibit [Proposed] Consent Order Setting Deadlines)(King, Michael) (Entered: 06/29/2015)	RECAP
	June 29, 2015	Submission to District Judge
	June 29, 2015	Submission of 15 Joint MOTION to Set Deadlines, submitted to District Judge Amy Totenberg. (jtj)
16	July 6, 2015	ORDER GRANTING 15 Motion for Extension of Time. GlobalTel*Link Corporation shall file its responsive pleadings to the Amended Complaint on or before July 10, 2015. The time for Plaintiff to file his motion for class certification is stayed until 21 days after this Court disposes of the anticipated motion to be filed by Defendant on or before July 10, 2015. Defendant's Motion to Compel Arbitration [Doc. 10] is DENIED AS MOOT. Signed by Judge Amy Totenberg on 7/06/2015. (jtj) (Entered: 07/06/2015)	RECAP
17	July 10, 2015	MOTION to Dismiss,or in the Alternative, MOTION to Stay and MOTION to Compel Arbitration, with Brief In Support by Global Tel Link Corporation. (Attachments: # 1 Brief in Support of Motion to Dismiss, or in the Alternative for a Stay, and to Compel Arbitration, # 2 Declaration of John W. Baker, II)(King, Michael). Added MOTION to Stay, MOTION to Compel Arbitration on 7/13/2015 (jtj). (Entered: 07/10/2015) 1 Brief in Support of Motion to Dismiss, or in the Alternative for a Stay, and to View on PACER 2 Declaration of John W. Baker, II View on PACER	RECAP
18	July 10, 2015	NOTICE of Filing Declaration of John W. Baker, II re 10 MOTION to Compel Arbitration, PARTIAL MOTION to Dismiss by Global Tel Link Corporation. (King, Michael) (Entered: 07/10/2015)	RECAP
19	July 27, 2015	RESPONSE in Opposition re 17 MOTION to Dismiss, MOTION to Stay, MOTION to Compel, filed by Benson Githieya. (Attachments: # 1 Declaration of Benson Githeiya, # 2 Declaration of Imre Szalai, # 3 FCC Final Rule Regarding Inmate Calling Services, # 4 Order of the Alabama Public Service Commission Regarding Inmate Calling Services)(Radford, James) (Entered: 07/27/2015) 1 Declaration of Benson Githeiya View on PACER 2 Declaration of Imre Szalai View on PACER 3 FCC Final Rule Regarding Inmate Calling Services View on PACER 4 Order of the Alabama Public Service Commission Regarding Inmate Calling Service View on PACER	RECAP
20	Aug. 11, 2015	MOTION for Extension of Time Time to Reply in Further Support of 17 MOTION to Dismiss, MOTION to Stay, MOTION to Compel by Global Tel Link Corporation. (Attachments: # 1 Text of Proposed Order)(King, Michael) (Entered: 08/11/2015)	RECAP
21	Aug. 11, 2015	ORDER GRANTING 20 Motion for Extension of Time to File Reply to 17 MOTION to Dismiss, MOTION to Stay, MOTION to Compel. Global Tel*Link Corporation shall file its reply on or before August 27, 2015. Signed by Judge Amy Totenberg on 8/11/2015. (jtj) (Entered: 08/12/2015)	RECAP
22	Aug. 27, 2015	REPLY BRIEF re 17 MOTION to Dismiss, MOTION to Stay and MOTION to Compel, filed by Global Tel Link Corporation. (Attachments: # 1 Exhibit Declaration of Vance MacDonald)(King, Michael) (Entered: 08/27/2015) 1 Exhibit Declaration of Vance MacDonald View on PACER	RECAP
	Aug. 28, 2015	Submission of 17 MOTION to Dismiss, MOTION to Stay and MOTION to Compel, submitted to District Judge Amy Totenberg. (jtj)
	Aug. 28, 2015	Submission to District Judge
23	Jan. 25, 2016	ORDER GRANTING 17 Motion to Stay and COMPELS the parties to arbitrate Plaintiff's claims. This case is STAYED and ADMINISTRATIVELY CLOSED pending the outcome of the arbitration. The parties are DIRECTED to inform the Court of any such outcome within 10 days thereof. Signed by Judge Amy Totenberg on 1/25/2016. (See order for more specifics) (jtj) (Entered: 01/25/2016)	RECAP
	Jan. 25, 2016	Terminated Case
	Jan. 25, 2016	Civil Case Administratively Closed. (jtj)
24	Feb. 4, 2016	MOTION for Appeal under 1292(b) with Brief In Support by Benson Githieya. (Radford, James) (Entered: 02/04/2016)	RECAP
25	Feb. 22, 2016	RESPONSE in Opposition re 24 MOTION for Appeal under 1292(b) filed by Global Tel Link Corporation. (King, Michael) (Entered: 02/22/2016)	RECAP
	March 14, 2016	Submission of 24 MOTION for Appeal under 1292(b), submitted to District Judge Amy Totenberg. (jtj)
	March 14, 2016	Submission to District Judge
26	March 29, 2016	ORDER DENYING in its entirety 24 Plaintiff Benson Githieya's Application for Interlocutory Review or, alternatively, Motion for Reconsideration. Signed by Judge Amy Totenberg on 3/29/2016. (jtj) (Entered: 03/29/2016)	RECAP
27	March 13, 2017	NOTICE of Arbitration Ruling, by Benson Githieya. (Attachments: # 1 Arbitration Ruling)(Radford, James) (Entered: 03/13/2017) 1 View on RECAP	RECAP
28	March 16, 2017	ORDER REOPENING CASE after arbitration. Signed by Judge Amy Totenberg on 3/16/17. (jpa) (Entered: 03/17/2017)	RECAP
	March 16, 2017	Submission of 27 Notice of Arbitration Ruling, submitted to District Judge Amy Totenberg. (acm)
	March 16, 2017	Submission to District Judge
29	March 30, 2017	Consent MOTION to Set Time to Respond to Complaint by Global Tel Link Corporation. (Attachments: # 1 Text of Proposed Order)(King, Michael) (Entered: 03/30/2017)	RECAP
30	March 30, 2017	ORDER GRANTING 29 Motion for Extension of Time to Answer 13 Amended Complaint. Defendant shall file its responsive pleadings on or before April 14, 2017. Signed by Judge Amy Totenberg on 3/30/2017. (jtj) (Entered: 03/30/2017)	RECAP
	March 30, 2017	Submission to District Judge
	March 30, 2017	Submission of 29 MOTION for Extension of Time to File Answer, submitted to District Judge Amy Totenberg. (jtj)
31	April 14, 2017	ANSWER with Jury Demand to 13 Amended Complaint by Global Tel Link Corporation. Discovery ends on 9/11/2017.(King, Michael) Please visit our website at http://www.gand.uscourts.gov to obtain Pretrial Instructions. (Entered: 04/14/2017)	RECAP
32	April 17, 2017	Certificate of Interested Persons and Corporate Disclosure Statement by Global Tel Link Corporation identifying Corporate Parent GTEL Holdings, Inc. for Global Tel Link Corporation. (King, Michael) (Entered: 04/17/2017)	RECAP
33	May 15, 2017	JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Benson Githieya. (Radford, James) (Entered: 05/15/2017)	RECAP
	May 16, 2017	Submission of 33 Joint Preliminary Report and Discovery Plan, submitted to District Judge Amy Totenberg. (jtj)
	May 16, 2017	Submission to District Judge
34	May 18, 2017	Amended JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Benson Githieya. (Radford, James) (Entered: 05/18/2017)	RECAP
35	May 18, 2017	SCHEDULING ORDER: APPROVING 34 Joint Preliminary Report and Discovery Plan. The time limits for adding parties, amending the pleadings, filing motions, completing discovery, and discussing settlement are as stated in JPRDP. Signed by Judge Amy Totenberg on 5/18/2017. (jtj) (Entered: 05/19/2017)	RECAP
	May 18, 2017	Submission to District Judge
	May 18, 2017	Submission of 34 Amended Joint Preliminary Report and Discovery Plan, submitted to District Judge Amy Totenberg. (jtj)
36	May 24, 2017	APPLICATION for Admission of Michael R. Sklaire Pro Hac Vice (Application fee $ 150, receipt number 113E-7165763)by Global Tel Link Corporation. (King, Michael) (Entered: 05/24/2017)	RECAP
37	May 26, 2017	NOTICE of Appearance by Michael A. Caplan on behalf of Benson Githieya (Caplan, Michael) (Entered: 05/26/2017)	RECAP
38	May 26, 2017	NOTICE of Appearance by James William Cobb on behalf of Benson Githieya (Cobb, James) (Entered: 05/26/2017)	RECAP
39	May 26, 2017	NOTICE of Appearance by Sarah Brewerton-Palmer on behalf of Benson Githieya (Brewerton-Palmer, Sarah) (Entered: 05/26/2017)	RECAP
40	May 26, 2017	Notice for Leave of Absence for the following date(s): 06/02/2017, 06/19/2017-06/23/2017, 07/20/2017-07/21/2017, 09/01/2017, 09/15/2017, 09/18/2017-09/20/2017, by Michael A. Caplan. (Caplan, Michael) (Entered: 05/26/2017)	RECAP
41	May 26, 2017	CERTIFICATE OF SERVICE of Discovery by Benson Githieya.(Caplan, Michael) (Entered: 05/26/2017)	RECAP
42	May 30, 2017	Initial Disclosures by Benson Githieya.(Radford, James) (Entered: 05/30/2017)	RECAP
43	May 30, 2017	CERTIFICATE OF SERVICE of Global Tel Link Corporation's Initial Disclosures by Global Tel Link Corporation.(King, Michael) (Entered: 05/30/2017)	RECAP
	June 15, 2017	APPROVAL by Clerks Office re: 36 APPLICATION for Admission of Michael R. Sklaire Pro Hac Vice (Application fee $ 150, receipt number 113E-7165763). Attorney Michael R. Sklaire added appearing on behalf of Global Tel Link Corporation (pmb)
	June 15, 2017	Approval of Application for Admission Pro Hac Vice
44	June 27, 2017	ORDER granting 36 Application for Admission of Michael R. Sklaire Pro Hac Vice. Signed by Judge Amy Totenberg on 6/27/2017. (sap) (Entered: 06/27/2017)	RECAP
45	July 10, 2017	CERTIFICATE OF SERVICE of (1) Defendant's Responses to Plaintiff's First Set of Interrogatories (2) Defendant's Responses to Plaintiff's First Set of Requests for Production of Documents by Global Tel Link Corporation.(King, Michael) (Entered: 07/10/2017)	RECAP
46	July 14, 2017	NOTICE to Take Deposition of Defendant Global Tel*Link filed by Benson Githieya (Caplan, Michael) (Entered: 07/14/2017)	RECAP
47	July 18, 2017	CERTIFICATE OF SERVICE by Global Tel Link Corporation.(King, Michael) (Entered: 07/18/2017)	RECAP
48	Aug. 3, 2017	Consent Motion for Entry of Protective Order and Confidentiality Agreement by Global Tel Link Corporation. (Attachments: # 1 Exhibit A - Consent Protective Order and Confidentiality Agreement)(King, Michael) (Entered: 08/03/2017)	RECAP
49	Aug. 3, 2017	APPLICATION for Admission of John K. Crisham Pro Hac Vice (Application fee $ 150, receipt number 113E-7305476)by Global Tel Link Corporation. (Attachments: # 1 Certificate of Good Standing)(King, Michael) (Entered: 08/03/2017)	RECAP
50	Aug. 6, 2017	APPLICATION for Admission of Robert J. Herrington Pro Hac Vice (Application fee $ 150, receipt number 113E-7308453)by Global Tel Link Corporation. (Attachments: # 1 Certificate of Good Standing)(King, Michael) (Entered: 08/06/2017)	RECAP
	Aug. 7, 2017	Submission of 48 Consent Motion for Entry of Protective Order and Confidentiality Agreement, submitted to District Judge Amy Totenberg. (jtj)
	Aug. 7, 2017	Submission to District Judge
51	Aug. 8, 2017	CONSENT PROTECTIVE ORDER and Confidentiality Agreement. Signed by Judge Amy Totenberg on 8/08/2017. (jtj) (Entered: 08/08/2017)	RECAP
52	Aug. 17, 2017	CERTIFICATE OF SERVICE of Discovery by Benson Githieya.(Caplan, Michael) (Entered: 08/17/2017)	RECAP
	Aug. 22, 2017	APPROVAL by Clerks Office re: 49 APPLICATION for Admission of John K. Crisham Pro Hac Vice (Application fee $ 150, receipt number 113E-7305476). Attorney John K. Crisham added appearing on behalf of Global Tel Link Corporation (pmb)
	Aug. 22, 2017	Approval of Application for Admission Pro Hac Vice
53	Aug. 23, 2017	CERTIFICATE OF SERVICE of Discovery by Benson Githieya.(Caplan, Michael) (Entered: 08/23/2017)	RECAP
	Aug. 24, 2017	APPROVAL by Clerks Office re: 50 APPLICATION for Admission of Robert J. Herrington Pro Hac Vice (Application fee $ 150, receipt number 113E-7308453). Attorney Robert J. Herrington added appearing on behalf of Global Tel Link Corporation (pmb)
	Aug. 24, 2017	Approval of Application for Admission Pro Hac Vice
54	Aug. 29, 2017	ORDER GRANTING 50 Application of Robert J. Herrington for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 8/29/2017. (jtj) (Entered: 08/29/2017)	RECAP
55	Aug. 29, 2017	ORDER GRANTING 49 Application of John K. Crisham for Admission Pro Hac Vice. Signed by Judge Amy Totenberg on 8/29/2017. (jtj) (Entered: 08/29/2017)	RECAP
56	Sept. 7, 2017	CERTIFICATE OF SERVICE of Defendant's Supplemental Responses to Plaintiff's First Set of Interrogatories by Global Tel Link Corporation.(King, Michael) (Entered: 09/07/2017)	RECAP
57	Sept. 13, 2017	Joint MOTION for Extension of Time for Plaintiff to File Motion for Class Certification by Benson Githieya. (Attachments: # 1 Text of Proposed Order)(Caplan, Michael) (Entered: 09/13/2017)	RECAP
	Sept. 13, 2017	Submission to District Judge
	Sept. 13, 2017	Submission of 57 Joint MOTION for Extension of Time for Plaintiff to File Motion for Class Certification, submitted to District Judge Amy Totenberg. (jtj)
58	Sept. 14, 2017	ORDER GRANTING 57 Joint Motion to Extend the Deadline for Plaintiff's Motion for Class Certification. The Court ORDERS that Plaintiff's motion for class certification will be due on or before January 31, 2018. The Court further ORDERS the parties to file a proposed amended schedule no later than September 25, 2017. If there are issues that the parties would like the Court to resolve by phone conference, the parties are directed to include those issues in the proposed amended schedule. Alternatively, if the parties do not anticipate the need for a phone conference after conferring about the schedule, they are directed to say so in the proposed amended schedule. Signed by Judge Amy Totenberg on 9/14/2017. (jtj) (Entered: 09/14/2017)	RECAP
59	Sept. 15, 2017	CERTIFICATE OF SERVICE of Discovery by Benson Githieya.(Caplan, Michael) (Entered: 09/15/2017)	RECAP
60	Sept. 18, 2017	NOTICE of Appearance by Timothy Brandon Waddell on behalf of Benson Githieya (Waddell, Timothy) (Entered: 09/18/2017)	RECAP
61	Sept. 22, 2017	CERTIFICATE OF SERVICE for (1) Defendant's Responses to Plaintiff's Second Set of Interrogatories (2) Defendant's Notice of Deposition of Plaintiff Benson Githieya by Global Tel Link Corporation.(King, Michael) (Entered: 09/22/2017)	RECAP
62	Sept. 25, 2017	Joint MOTION for Extension of Time Request for Amendment to Scheduling Order and for Telephonic Conference by Benson Githieya. (Attachments: # 1 Text of Proposed Order)(Caplan, Michael) (Entered: 09/25/2017)	RECAP
	Sept. 26, 2017	Submission of 62 Joint Request for Amendment to Scheduling Order and for Telephonic Conference, submitted to District Judge Amy Totenberg. (jtj)
	Sept. 26, 2017	Submission to District Judge
63	Oct. 3, 2017	FILED IN ERRORCERTIFICATE OF SERVICE of Discovery by Benson Githieya.(Caplan, Michael) Modified on 10/4/2017 to edit text (bnw). (Entered: 10/03/2017)	RECAP
64	Oct. 3, 2017	CERTIFICATE OF SERVICE of Discovery (Corrected) by Benson Githieya.(Caplan, Michael) (Entered: 10/03/2017)	RECAP
65	Oct. 5, 2017	Minute Entry for proceedings held before Judge Amy Totenberg: Telephone Conference held on 10/5/2017. The Court inquired as to how this case related to other cases around the country. The parties responded that the cases deal with different policies/practices of the defendant. After hearing from the parties, the Court determined that some of the pleadings filed in these other cases may be relevant to this case. The Court will enter a written order on this issue. By Monday, November 13, 2017, the parties are to file on the docket a joint statement (not exceeding 8 pages) re alternatives to the account level data. The Courtroom Deputy Clerk will schedule a telephone conference for later that week. By October 17, 2017, the parties are to file on the docket a memo as to why certain search terms are relevant or burdensome; each side may have 15 pages and no affidavit should exceed 3 pages. The Court will hold a telephone conference on October 19 or 20. The Court adopted the proposed scheduling order attached to the 62 Joint Motion to Amend Scheduling Order. (Court Reporter Shannon Welch)(jtj) (Entered: 10/06/2017)	RECAP
66	Oct. 6, 2017	ORDER AMENDING the Scheduling Order. Plaintiff's motion for class certification is due on or before January 31, 2018. Defendant's response to Plaintiff's motion for class certification shall be filed within 35 days of the date upon which Plaintiff's motion is filed. Plaintiffs reply in support of the motion for class certification shall be filed within 21 days of the date of service of that response. The parties have informed the Court that Plaintiff intends to file an amended complaint, and the parties have agreed to confer to determine whether Defendant will consent to such amendment. Any such motion by Plaintiff shall be due the later of (i) October 31, 2017 or (ii) 2 weeks from the date of the 30(b)(6) deposition of Defendant. Discovery in this matter shall be divided into two phases. Signed by Judge Amy Totenberg on 10/06/2017. (See order for more details)(jtj) (Entered: 10/06/2017)	RECAP
67	Oct. 6, 2017	ORDER - The Court held a telephone conference with the parties on October 5, 2017 during which the parties raised various discovery issues. In particular, Plaintiff seeks production of pleadings, affidavits, and deposition transcripts in similar cases. The Court considers the pleadings, the affidavits, and potentially the deposition transcripts in these other cases in New Jersey and Arkansas to be discoverable for the present case. Anything produced from these other cases would be subject to the 51 protective order in this case. Signed by Judge Amy Totenberg on 10/06/2017. (jtj) (Entered: 10/06/2017)	RECAP
68	Oct. 9, 2017	CERTIFICATE OF SERVICE (1) Defendant's Notice of Subpoena to Produce Documents to Ethel Lockhart (2) Defendant's Notice of Subpoena to Produce Documents to Harold Dennis (3) Defendant's Notice of Subpoena to Produce Documents to Antonio Henry (4) Defendant's Notice of Subpoena to Produce Documents to Darlene Byers (5) Defendant's Notice of Subpoena to Produce Documents to Janette Maddux (6) Defendant's Notice of Subpoena to Produce Documents to Kate Boccia (7) Defendant's Notice of Subpoena to Produce Documents to Nellie Lockett (8) Defendant's Notice of Subpoena to Produce Documents to Sharon Powell (9) Defendant's Notice of Subpoena to Produce Documents to Stanley Peters by Global Tel Link Corporation.(King, Michael) (Entered: 10/09/2017)	RECAP

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Case Details

State / Territory:

Georgia

Case Type(s):

Prison Conditions

Key Dates

Filing Date: April 3, 2015

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

All persons nationwide who (i) established and funded a prepaid account through GTL's interactive-voice-response (“IVR”) system in order to receive telephone calls from a person incarcerated in Georgia or South Carolina, and (ii) had a positive account balance that was reduced to $0.00 due to account inactivity for 180 days or less on or after April 3, 2011.

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Private Entity/Person

Global Tel*Link Corp.

Case Details

Causes of Action:

Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §§ 1961 et seq.