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

Clearinghouse coding complete

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, represe…

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)

Documents in the Clearinghouse

Document
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
26

1:15-cv-00986

Order

March 29, 2016

March 29, 2016

Order/Opinion
170

1:15-cv-00986

Order

Githieya v. Global Tel Link Corporation

Sept. 7, 2018

Sept. 7, 2018

Order/Opinion
178

1:15-cv-00986

Third Amended Class Action Complaint

Oct. 12, 2018

Oct. 12, 2018

Complaint
276

1:15-cv-00986

Order

Githieya v. Global Tel Link Corporation

Nov. 30, 2020

Nov. 30, 2020

Order/Opinion
275

1:15-cv-00986

Opinion and Order

Githieya v. Global Tel Link Corporation

Nov. 30, 2020

Nov. 30, 2020

Order/Opinion
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
332

1:15-cv-00986

Fourth Amended Complaint

Dec. 29, 2021

Dec. 29, 2021

Complaint
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

Docket

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

Last updated Dec. 1, 2022, 3:13 a.m.

ECF Number Description Date Link Date / Link
1

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

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April 3, 2015

April 3, 2015

Clearinghouse
2

Electronic Summons Issued as to Global Tel Link Corporation. (eop) (Entered: 04/06/2015)

April 3, 2015

April 3, 2015

PACER
3

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)

April 9, 2015

April 9, 2015

PACER
4

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)

April 9, 2015

April 9, 2015

PACER
5

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)

April 29, 2015

April 29, 2015

PACER
6

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)

April 29, 2015

April 29, 2015

PACER
7

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)

May 8, 2015

May 8, 2015

PACER
8

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)

May 11, 2015

May 11, 2015

PACER
9

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)

May 11, 2015

May 11, 2015

PACER

Submission of 7 Second MOTION for Extension of Time to File Answer, submitted to District Judge Amy Totenberg. (jtj)

May 11, 2015

May 11, 2015

PACER

Submission to District Judge

May 11, 2015

May 11, 2015

PACER
10

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

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2 Exhibit Declaration of John W. Baker, II

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May 21, 2015

May 21, 2015

PACER
11

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)

June 1, 2015

June 1, 2015

PACER
12

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)

June 1, 2015

June 1, 2015

PACER

Submission to District Judge

June 1, 2015

June 1, 2015

PACER

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)

June 1, 2015

June 1, 2015

PACER
13

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

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2 Screenshot of ConnectNetwork Full Site

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June 11, 2015

June 11, 2015

PACER
14

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)

June 22, 2015

June 22, 2015

RECAP
15

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)

June 29, 2015

June 29, 2015

PACER

Submission of 15 Joint MOTION to Set Deadlines, submitted to District Judge Amy Totenberg. (jtj)

June 29, 2015

June 29, 2015

PACER

Submission to District Judge

June 29, 2015

June 29, 2015

PACER
16

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)

July 6, 2015

July 6, 2015

RECAP
17

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

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2 Declaration of John W. Baker, II

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July 10, 2015

July 10, 2015

PACER
18

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)

July 10, 2015

July 10, 2015

PACER
19

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

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2 Declaration of Imre Szalai

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3 FCC Final Rule Regarding Inmate Calling Services

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4 Order of the Alabama Public Service Commission Regarding Inmate Calling Service

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July 27, 2015

July 27, 2015

PACER
20

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)

Aug. 11, 2015

Aug. 11, 2015

PACER
21

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)

Aug. 11, 2015

Aug. 11, 2015

PACER
22

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

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Aug. 27, 2015

Aug. 27, 2015

PACER

Submission to District Judge

Aug. 28, 2015

Aug. 28, 2015

PACER

Submission of 17 MOTION to Dismiss, MOTION to Stay and MOTION to Compel, submitted to District Judge Amy Totenberg. (jtj)

Aug. 28, 2015

Aug. 28, 2015

PACER
23

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)

Jan. 25, 2016

Jan. 25, 2016

Clearinghouse

Civil Case Administratively Closed. (jtj)

Jan. 25, 2016

Jan. 25, 2016

PACER

Terminated Case

Jan. 25, 2016

Jan. 25, 2016

PACER
24

MOTION for Appeal under 1292(b) with Brief In Support by Benson Githieya. (Radford, James) (Entered: 02/04/2016)

Feb. 4, 2016

Feb. 4, 2016

PACER
25

RESPONSE in Opposition re 24 MOTION for Appeal under 1292(b) filed by Global Tel Link Corporation. (King, Michael) (Entered: 02/22/2016)

Feb. 22, 2016

Feb. 22, 2016

PACER

Submission to District Judge

March 14, 2016

March 14, 2016

PACER

Submission of 24 MOTION for Appeal under 1292(b), submitted to District Judge Amy Totenberg. (jtj)

March 14, 2016

March 14, 2016

PACER
26

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)

March 29, 2016

March 29, 2016

Clearinghouse
27

NOTICE of Arbitration Ruling, by Benson Githieya. (Attachments: # 1 Arbitration Ruling)(Radford, James) (Entered: 03/13/2017)

1

View on RECAP

March 13, 2017

March 13, 2017

PACER
28

ORDER REOPENING CASE after arbitration. Signed by Judge Amy Totenberg on 3/16/17. (jpa) (Entered: 03/17/2017)

March 16, 2017

March 16, 2017

PACER

Submission to District Judge

March 16, 2017

March 16, 2017

PACER

Submission of 27 Notice of Arbitration Ruling, submitted to District Judge Amy Totenberg. (acm)

March 16, 2017

March 16, 2017

PACER
29

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)

March 30, 2017

March 30, 2017

PACER
30

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)

March 30, 2017

March 30, 2017

PACER

Submission to District Judge

March 30, 2017

March 30, 2017

PACER

Submission of 29 MOTION for Extension of Time to File Answer, submitted to District Judge Amy Totenberg. (jtj)

March 30, 2017

March 30, 2017

PACER
31

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)

April 14, 2017

April 14, 2017

PACER
32

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)

April 17, 2017

April 17, 2017

PACER
33

JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Benson Githieya. (Radford, James) (Entered: 05/15/2017)

May 15, 2017

May 15, 2017

PACER

Submission to District Judge

May 16, 2017

May 16, 2017

PACER

Submission of 33 Joint Preliminary Report and Discovery Plan, submitted to District Judge Amy Totenberg. (jtj)

May 16, 2017

May 16, 2017

PACER
34

Amended JOINT PRELIMINARY REPORT AND DISCOVERY PLAN filed by Benson Githieya. (Radford, James) (Entered: 05/18/2017)

May 18, 2017

May 18, 2017

PACER
35

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)

May 18, 2017

May 18, 2017

PACER

Submission to District Judge

May 18, 2017

May 18, 2017

PACER

Submission of 34 Amended Joint Preliminary Report and Discovery Plan, submitted to District Judge Amy Totenberg. (jtj)

May 18, 2017

May 18, 2017

PACER
36

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)

May 24, 2017

May 24, 2017

PACER
37

NOTICE of Appearance by Michael A. Caplan on behalf of Benson Githieya (Caplan, Michael) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
38

NOTICE of Appearance by James William Cobb on behalf of Benson Githieya (Cobb, James) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
39

NOTICE of Appearance by Sarah Brewerton-Palmer on behalf of Benson Githieya (Brewerton-Palmer, Sarah) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
40

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)

May 26, 2017

May 26, 2017

PACER
41

CERTIFICATE OF SERVICE of Discovery by Benson Githieya.(Caplan, Michael) (Entered: 05/26/2017)

May 26, 2017

May 26, 2017

PACER
42

Initial Disclosures by Benson Githieya.(Radford, James) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER
43

CERTIFICATE OF SERVICE of Global Tel Link Corporation's Initial Disclosures by Global Tel Link Corporation.(King, Michael) (Entered: 05/30/2017)

May 30, 2017

May 30, 2017

PACER

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

June 15, 2017

PACER

Approval of Application for Admission Pro Hac Vice

June 15, 2017

June 15, 2017

PACER
44

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)

June 27, 2017

June 27, 2017

PACER
45

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)

July 10, 2017

July 10, 2017

PACER
46

NOTICE to Take Deposition of Defendant Global Tel*Link filed by Benson Githieya (Caplan, Michael) (Entered: 07/14/2017)

July 14, 2017

July 14, 2017

PACER
47

CERTIFICATE OF SERVICE by Global Tel Link Corporation.(King, Michael) (Entered: 07/18/2017)

July 18, 2017

July 18, 2017

PACER
48

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)

Aug. 3, 2017

Aug. 3, 2017

PACER
49

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)

Aug. 3, 2017

Aug. 3, 2017

PACER
50

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)

Aug. 6, 2017

Aug. 6, 2017

PACER

Submission to District Judge

Aug. 7, 2017

Aug. 7, 2017

PACER

Submission of 48 Consent Motion for Entry of Protective Order and Confidentiality Agreement, submitted to District Judge Amy Totenberg. (jtj)

Aug. 7, 2017

Aug. 7, 2017

PACER
51

CONSENT PROTECTIVE ORDER and Confidentiality Agreement. Signed by Judge Amy Totenberg on 8/08/2017. (jtj) (Entered: 08/08/2017)

Aug. 8, 2017

Aug. 8, 2017

PACER
52

CERTIFICATE OF SERVICE of Discovery by Benson Githieya.(Caplan, Michael) (Entered: 08/17/2017)

Aug. 17, 2017

Aug. 17, 2017

PACER

Approval of Application for Admission Pro Hac Vice

Aug. 22, 2017

Aug. 22, 2017

PACER

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

Aug. 22, 2017

PACER
53

CERTIFICATE OF SERVICE of Discovery by Benson Githieya.(Caplan, Michael) (Entered: 08/23/2017)

Aug. 23, 2017

Aug. 23, 2017

PACER

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

Aug. 24, 2017

PACER

Approval of Application for Admission Pro Hac Vice

Aug. 24, 2017

Aug. 24, 2017

PACER
54

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)

Aug. 29, 2017

Aug. 29, 2017

PACER
55

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)

Aug. 29, 2017

Aug. 29, 2017

PACER
56

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)

Sept. 7, 2017

Sept. 7, 2017

PACER
57

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)

Sept. 13, 2017

Sept. 13, 2017

PACER

Submission of 57 Joint MOTION for Extension of Time for Plaintiff to File Motion for Class Certification, submitted to District Judge Amy Totenberg. (jtj)

Sept. 13, 2017

Sept. 13, 2017

PACER

Submission to District Judge

Sept. 13, 2017

Sept. 13, 2017

PACER
58

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)

Sept. 14, 2017

Sept. 14, 2017

PACER
59

CERTIFICATE OF SERVICE of Discovery by Benson Githieya.(Caplan, Michael) (Entered: 09/15/2017)

Sept. 15, 2017

Sept. 15, 2017

PACER
60

NOTICE of Appearance by Timothy Brandon Waddell on behalf of Benson Githieya (Waddell, Timothy) (Entered: 09/18/2017)

Sept. 18, 2017

Sept. 18, 2017

PACER
61

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)

Sept. 22, 2017

Sept. 22, 2017

PACER
62

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)

Sept. 25, 2017

Sept. 25, 2017

PACER

Submission of 62 Joint Request for Amendment to Scheduling Order and for Telephonic Conference, submitted to District Judge Amy Totenberg. (jtj)

Sept. 26, 2017

Sept. 26, 2017

PACER

Submission to District Judge

Sept. 26, 2017

Sept. 26, 2017

PACER
63

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)

Oct. 3, 2017

Oct. 3, 2017

PACER
64

CERTIFICATE OF SERVICE of Discovery (Corrected) by Benson Githieya.(Caplan, Michael) (Entered: 10/03/2017)

Oct. 3, 2017

Oct. 3, 2017

PACER
65

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)

Oct. 5, 2017

Oct. 5, 2017

PACER
66

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)

Oct. 6, 2017

Oct. 6, 2017

PACER
67

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)

Oct. 6, 2017

Oct. 6, 2017

PACER
68

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)

Oct. 9, 2017

Oct. 9, 2017

PACER

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

Global Tel*Link Corp. (Falls Church), Private Entity/Person

Case Details

Causes of Action:

State law

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

Available Documents:

Trial Court Docket

Complaint (any)

Monetary Relief

Injunctive (or Injunctive-like) Relief

Any published opinion

Outcome

Prevailing Party: Plaintiff

Nature of Relief:

Injunction / Injunctive-like Settlement

Attorneys fees

Damages

Source of Relief:

Settlement

Form of Settlement:

Court Approved Settlement or Consent Decree

Amount Defendant Pays: 67,000,000

Order Duration: 2022 - 2027

Content of Injunction:

Training

Issues

General:

Fines/Fees/Bail/Bond

Phone