Case: Howard v. Coonrod

6:21-cv-00062 | U.S. District Court for the Middle District of Florida

Filed Date: Jan. 8, 2021

Case Ongoing

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Case Summary

This is a challenge to Florida's parole procedures for people sentenced in the state to life with parole for crimes committed under the age of 18. On January 8, 2021, the four named plaintiffs filed this action in the U.S. District Court for the Middle District of Florida, seeking to represent a class of the more than 100 people serving life with parole sentences in Florida for crimes committed under the age of 18. They argued that Florida's parole procedures failed to comply with the U.S. …

This is a challenge to Florida's parole procedures for people sentenced in the state to life with parole for crimes committed under the age of 18.

On January 8, 2021, the four named plaintiffs filed this action in the U.S. District Court for the Middle District of Florida, seeking to represent a class of the more than 100 people serving life with parole sentences in Florida for crimes committed under the age of 18. They argued that Florida's parole procedures failed to comply with the U.S. Supreme Court's decisions in Graham v. Florida, Miller v. Alabama, and Montgomery v. Louisiana requiring juvenile lifers a "meaningful opportunity to obtain release based upon demonstrated maturity and rehabilitation." Under those decisions and their progeny, plaintiffs argued, they were entitled to parole processes and procedures that ensured a realistic chance for release based on assessment of post-offense maturity and rehabilitation. In response to the U.S. Supreme Court's decisions, the Florida legislature had, in 2014, amended the sentencing procedures for people facing life without parole sentences for crimes committed as children, requiring consideration of youth at sentencing and enabling a parole-like sentence review hearing after 15 or 25 years, at which time the court was to consider demonstrated maturity and rehabilitation. In contrast, people serving juvenile life with parole sentences were subject to the state's typical parole policies and procedures, virtually identical for people sentenced as children or as adults, which centered seriousness of the offense and criminal history as primary considerations. Prospective parolees were not permitted to attend parole hearings or to correct factual inaccuracies, nor were they entitled to counsel, expert assessment and evaluation, or testimony about their rehabilitation. Denials of parole were issued without description of the basis for the decision or explanation of what the prospective parolee could do to improve future chances of parole. Per plaintiffs' complaint in this action, in the five years preceding filing, only 5 of the more than 100 juvenile lifers in Florida had been released on parole. Plaintiffs argued that this parole process violated the Eighth Amendment requirements of Graham, Miller, and Montgomery, the Fourteenth Amendment's due process clause and the equal protection clause (citing different, more favorable policies for people sentenced to juvenile life without parole as well as people sentenced to juvenile life with parole who received a resentencing hearing between 2016-2018 pursuant to a short-lived Florida Supreme Court decision requiring such resentencings). They also alleged violation of the Sixth Amendment right to have a jury determine the facts underlying the charged crimes. Plaintiffs brought this action against officials of the Florida Commission on Offender Review (FCOR) and sought declaratory and injunctive relief, including implementation of the resentencing procedures required for juvenile life without parole sentences, and costs and fees. The case was assigned to U.S. District Judge Paul G. Byron.

Defendants filed a motion to dismiss the lawsuit on March 9, 2021. On June 25, 2021, the District Court granted in part and denied in part the motion. 546 F.Supp.3d 1121. The Court dismissed plaintiffs' equal protection clause claim for failure to allege different treatment on the basis of invidious discrimination tied to a constitutionally protected interest. It also dismissed plaintiffs' Sixth Amendment claim, holding that their Sixth Amendment challenge fell outside the ambit of Apprendi and the Sixth Amendment; it reasoned that plaintiffs were not guaranteed parole and could not allege that that the jury had been deprived of any duty to make factual findings underlying their sentences. The Court declined to dismiss the Eighth Amendment and due process clause claims, reasoning that plaintiffs had adequately pleaded that the parole processes and procedures denied the requisite meaningful opportunity for release based on demonstrated maturity and rehabilitation and that plaintiffs had a cognizable liberty interest in meaningful parole review and had adequately pleaded inadequate notice of and opportunity to be heard during the parole proceedings.

Plaintiffs filed a motion for class certification on November 18, 2021, which the court granted on March 30, 2022, certifying a class of: "All persons who (i) were convicted of a crime committed when they were under the age of eighteen; (ii) were sentenced to life in prison or a term of years exceeding their life expectancy ( defined as greater than 470 months); (iii) are currently in the custody of the Florida Department of Corrections; (iv) have never been paroled; and (v) are or will become eligible for release to parole supervision but only through the parole process."

After discovery, defendants filed a motion for summary judgment on November 1, 2022. On February 17, 2023, the District Court granted the motion, entered judgment for the defendants, and closed the case. As to the Eighth Amendment claim, the Court agreed with plaintiffs that Graham, Miller, and Montgomery applied to parole proceedings for people serving life with parole sentences for crimes committed as juveniles. But, it held that "a thorough review of the undisputed record counsels a finding that the practices and policies of FCOR do provide Class Members some meaningful opportunity for release based on demonstrated maturity and rehabilitation as a matter of law." It cited the state's Youthful Offender Matrix, which permitted officials to set a lower baseline potential parole date for Class Members as compared to people who committed offenses as adults. It noted that at least 23 prospective class members had been paroled since 2012. Finally, it rejected plaintiffs' assertion that the parole decision was impermissibly focused on underlying offense, explaining that "consideration of the seriousness of an offense does not foreclose . . . consider[ation of] demonstrated signs of maturity and rehabilitation" and that the parole process "necessarily must take into account the seriousness of the particular offense(s) in question in order to gauge maturation and rehabilitation from that baseline." Ultimately, it reasoned that Florida's parole process met the constitutional floor for people sentenced to life with parole for crimes committed as juveniles. As to the due process claim, the court cited its prior finding that plaintiffs had a meaningful opportunity to demonstrate maturity and rehabilitation under FCOR rules and regulations, and noted that individual appeal remedies could ensure compliance.

Plaintiffs filed a notice of appeal on March 17, 2023, and the appeal was docketed with the Eleventh Circuit on March 20, 2023 (Docket No. 23-10858).

On April 15, 2025, the Eleventh Circuit affirmed the lower court’s decision, holding that Florida’s parole system does not violate the Eighth Amendment’s Cruel and Unusual Punishment Clause, nor have the plaintiffs identified any liberty interest that is cognizable for due-process purposes.

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Summary Authors

Tessa Bialek (6/4/2023)

Benjamin Houri (11/9/2025)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/29091699/parties/howard-v-coonrod/

Judge(s)

Byron, Paul Gregory (Florida)

Attorney for Plaintiff

Balthazor, Andrew William (Florida)

D'Amico, Alessandro (Florida)

Attorney for Defendant

Bassett, Glen Allen (Florida)

Expert/Monitor/Master/Other

Baggett, Randolph (Florida)

Judge(s)

Byron, Paul Gregory (Florida)

Attorney for Plaintiff

Balthazor, Andrew William (Florida)

D'Amico, Alessandro (Florida)

Disare, Monica Grace (Florida)

Goodjoint, Katrina L (Florida)

Keats, Andrew R. (Florida)

Levick, Marsha L. (Florida)

Nichols, Tracy A. (Florida)

Renstrom, Laura (Florida)

Schulz, George E. (Florida)

Warren, Stephen P. (Florida)

Attorney for Defendant

Bassett, Glen Allen (Florida)

Faruqui, Bilal Ahmed (Florida)

General, Christopher John (Florida)

Gregg, Robert Edward (Florida)

Service, Florida Attorney (Florida)

Turanchik, John (Florida)

Winship, Blaine H. (Florida)

Expert/Monitor/Master/Other

Baggett, Randolph (Florida)

Attorney Contact Information via CourtListener

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Documents in the Clearinghouse

	Document
1 6:21-cv-00062	Class Action Complaint	Jan. 8, 2021	Jan. 8, 2021 Complaint
43 6:21-cv-00062	Order	June 25, 2021	June 25, 2021 Order/Opinion 546 F.Supp.3d 1121
58 6:21-cv-00062	Order	March 30, 2022	March 30, 2022 Order/Opinion
67-1 6:21-cv-00062	Exhibit A: Expert Report of Elizabeth Cauffman, Ph.D.	June 27, 2022	June 27, 2022 Monitor/Expert/Receiver Report
136 6:21-cv-00062	Order	Feb. 17, 2023	Feb. 17, 2023 Order/Opinion 2023 WL 2077489
143 6:21-cv-00062	Opinion of the Court U.S. Court of Appeals for the Eleventh Circuit	April 15, 2025	April 15, 2025 Order/Opinion 134 F.4th 1136

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Resources

Title	Description		External URL Date / External URL
Howard v. Coonrod Juvenile Law Center	The Juvenile Law Center summarizes the litigation and makes various court filings and orders available on this case page.	May 2023	May 25, 2023 https://jlc.org/...

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/29091699/howard-v-coonrod/

Last updated Nov. 1, 2025, 4:50 p.m.

ECF Number	Description	Date	Link Date / Link
1	COMPLAINT CLASS ACTION against All Defendants (Filing fee $ 402 receipt number 113A-17744110) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit FLORIDA JUVENILE RESENTENCING AND REVIEW PROJECT - August 2020 - 2nd Ed., # 3 Exhibit Table 15. Life expectancy at birth, at age 65, and at age 75, by sex, race, and Hispanic origin: United States, selected years 1900-2016, # 4 Exhibit PRESUMPTIVE PAROLE RELEASE DATE COMMISSION ACTION, # 5 Exhibit GEO 03-10-2020 Memo from T. Smith to Florida Parole Board, # 6 Exhibit GEO 12-11-2017 Memo from T. Smith to Howardene Garrett, # 7 Exhibit FCOR 05-31-2017 Subsequent Commission Action re Robert Howard, # 8 Exhibit FCOR 10-16-2017 Presumptive Parole Release Date Commission Action re Damon Peterson, # 9 Exhibit (Visted 03-17-2017) MICHIGAN LIFE EXPECTANCY DATA FOR YOUTH SERVING NATURAL LIFE SENTENCES, # 10 Exhibit FCOR 02-10-2016 Order on Initial Interview re Carl T. Brown, # 11 Exhibit 01-17-2019 Resentencing Hearing Appeal Transcript re Willie Watts, # 12 Exhibit FCOR 03-25-2015 Order on Subsequent Interview re Willie Watts, # 13 Proposed Summons Coonrod, Melinda N., # 14 Proposed Summons Davison, Richard D., # 15 Proposed Summons Wyant, David A.)(Schulz, George) (Entered: 01/08/2021) 1 Civil Cover Sheet View on PACER 2 Exhibit FLORIDA JUVENILE RESENTENCING AND REVIEW PROJECT - August 2020 - 2nd Ed. View on PACER 3 Exhibit Table 15. Life expectancy at birth, at age 65, and at age 75, by sex, ra View on PACER 4 Exhibit PRESUMPTIVE PAROLE RELEASE DATE COMMISSION ACTION View on PACER 5 Exhibit GEO 03-10-2020 Memo from T. Smith to Florida Parole Board View on PACER 6 Exhibit GEO 12-11-2017 Memo from T. Smith to Howardene Garrett View on PACER 7 Exhibit FCOR 05-31-2017 Subsequent Commission Action re Robert Howard View on PACER 8 Exhibit FCOR 10-16-2017 Presumptive Parole Release Date Commission Action re Dam View on PACER 9 Exhibit (Visted 03-17-2017) MICHIGAN LIFE EXPECTANCY DATA FOR YOUTH SERVING NATU View on PACER 10 Exhibit FCOR 02-10-2016 Order on Initial Interview re Carl T. Brown View on PACER 11 Exhibit 01-17-2019 Resentencing Hearing Appeal Transcript re Willie Watts View on PACER 12 Exhibit FCOR 03-25-2015 Order on Subsequent Interview re Willie Watts View on PACER 13 Proposed Summons Coonrod, Melinda N. View on PACER 14 Proposed Summons Davison, Richard D. View on PACER 15 Proposed Summons Wyant, David A. View on PACER	Jan. 8, 2021	Jan. 8, 2021 Clearinghouse
2	NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Embry J. Kidd. New case number: 6:21-cv-0062-Orl-40EJK. (SJB) (Entered: 01/08/2021)	Jan. 8, 2021	Jan. 8, 2021
3	RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 1/8/2021. (GNB) copies e-mailed (Entered: 01/08/2021)	Jan. 8, 2021	Jan. 8, 2021
	Case Assigned/Reassigned	Jan. 8, 2021	Jan. 8, 2021
4	STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 1/3/2020 (PML) ctp (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021
5	INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 1/11/2021. (GNB) copies e-mailed (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021
6	ENDORSED ORDER: Local Rule 4.04(b) requires Plaintiff to file for a determination under Fed. R. Civ. P 23(c)(1) as to whether the case is to be maintained as a class action within ninety (90) days following the filing of the initial complaint. The Court recognizes that the timeframe prescribed in Rule 4.04(b) is abbreviated and therefore waives this deadline. The parties are DIRECTED to confer regarding deadlines pertinent to a motion for class certification and advise the Court of agreeable deadlines in their case management report. The deadlines should include a deadline for (1) disclosure of expert reports - class action, plaintiff and defendant; (2) discovery - class action; (3) motion for class certification; (4) response to motion for class certification; and (5) reply to motion for class certification. Signed by Judge Paul G. Byron on 1/11/2021. (GNB) copies e-mailed (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021
7	MOTION for Marsha Levick to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17750329 for $150 by All Plaintiffs. (Schulz, George) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021
8	MOTION for Andrew Keats to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17750457 for $150 by All Plaintiffs. (Schulz, George) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021
9	SUMMONS issued as to All Defendants. (RDO) (Entered: 01/11/2021)	Jan. 11, 2021	Jan. 11, 2021
	Order	Jan. 11, 2021	Jan. 11, 2021
10	Joint MOTION for Miscellaneous Relief, specifically Joint Motion for Briefing Schedule by All Plaintiffs. (Schulz, George) (Entered: 01/13/2021)	Jan. 13, 2021	Jan. 13, 2021
11	ENDORSED ORDER granting 10 Motion for Briefing Schedule. Defendants shall file their responsive pleading on or before March 9, 2021. Plaintiffs shall file any response to Defendants' responsive pleading on or before April 23, 2021. This briefing schedule will not affect any future Case Management deadlines in this case. Signed by Judge Paul G. Byron on 1/14/2021. (JBS) (Entered: 01/14/2021)	Jan. 14, 2021	Jan. 14, 2021
	Order on Motion for Miscellaneous Relief	Jan. 14, 2021	Jan. 14, 2021
12	ORDER granting 7 & 8 Motions to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 1/19/2021. (JLE) (Entered: 01/19/2021)	Jan. 19, 2021	Jan. 19, 2021
13	NOTICE of pendency of related cases re 3 Related case order and track 2 notice per Local Rule 1.04(d) by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. Related case(s): No (Nichols, Tracy) (Entered: 01/21/2021)	Jan. 21, 2021	Jan. 21, 2021
14	NOTICE of Appearance by Blaine H. Winship on behalf of Melinda N. Coonrod, Richard D. Davison, David A. Wyant (Winship, Blaine) (Entered: 01/21/2021)	Jan. 21, 2021	Jan. 21, 2021
15	INTERESTED PERSONS ORDER. Defendants Melinda N. Coonrod, Richard D. Davison, and David A. Wyant shall file a Certificate of Interested Persons within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 1/22/2021. (GNB) copies e-mailed (Entered: 01/22/2021)	Jan. 22, 2021	Jan. 22, 2021
16	CERTIFICATE of interested persons and corporate disclosure statement re 5 Interested persons order by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Nichols, Tracy) (Entered: 01/22/2021)	Jan. 22, 2021	Jan. 22, 2021
17	NOTICE of Pendency of Related Cases re 3 Related Case Order filed by Melinda N. Coonrod, Richard D. Davison, David A. Wyant (Winship, Blaine) Modified on 2/8/2021 (RDO). (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021
18	CERTIFICATE of interested persons and corporate disclosure statement re 15 Interested persons order by Melinda N. Coonrod, Richard D. Davison, David A. Wyant. (Winship, Blaine) (Entered: 02/05/2021)	Feb. 5, 2021	Feb. 5, 2021
19	MOTION for Katrina Goodjoint to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17866497 for $150 by All Plaintiffs. (Nichols, Tracy) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 02/09/2021)	Feb. 9, 2021	Feb. 9, 2021
20	ENDORSED ORDER denying without prejudice 19 Plaintiffs Howard, Peterson, Brown, and Watts' Motion to Appear Pro Hac Vice for failure to comply with Local Rule 2.01. Local Rule 2.01(c)(4) directs movants to "list[] each case in state or federal court in Florida in which the lawyer has initially appeared in the last thirty-six months." The Court strongly advises the parties to review the Local Rules (effective February 2, 2021) prior to filing any future motions. Signed by Magistrate Judge Embry J. Kidd on 2/10/2021. (JLE) (Entered: 02/10/2021)	Feb. 10, 2021	Feb. 10, 2021
	Order on Motion to Appear Pro Hac Vice	Feb. 10, 2021	Feb. 10, 2021
21	REVISED MOTION for Katrina Goodjoint to appear pro hac vice by All Plaintiffs. (Nichols, Tracy) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 2/17/2021 (RDO). (Entered: 02/16/2021)	Feb. 16, 2021	Feb. 16, 2021
22	NOTICE of Appearance by Glen Allen Bassett, II on behalf of Melinda N. Coonrod, Richard D. Davison, David A. Wyant (Bassett, Glen) (Entered: 02/16/2021)	Feb. 16, 2021	Feb. 16, 2021
23	CASE MANAGEMENT REPORT. (Nichols, Tracy) (Entered: 02/17/2021)	Feb. 17, 2021	Feb. 17, 2021
24	MOTION to Dismiss Class Action Complaint by Melinda N. Coonrod, Richard D. Davison, David A. Wyant. (Winship, Blaine) (Entered: 03/09/2021)	March 9, 2021	March 9, 2021
25	ORDER granting 21 Plaintiffs' Amended Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 3/11/2021. (JLE) (Entered: 03/11/2021)	March 11, 2021	March 11, 2021
26	CASE MANAGEMENT AND SCHEDULING ORDER. Amended Pleadings due by 5/5/2021, Joinder of Parties due by 5/5/2021, Discovery due by 5/2/2022, Dispositive motions due by 6/1/2022, Pretrial statement due by 9/19/2022, All other motions due by 9/26/2022, Plaintiff disclosure of expert report due by 7/1/2021, Defendant disclosure of expert report due by 8/1/2021, Final Pretrial Conference set for 10/18/2022 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Bench Trial set for 11/1/2022 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 5/16/2022. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 3/30/2021. (GNB) copies e-mailed (Entered: 03/30/2021)	March 30, 2021	March 30, 2021
27	CASE REFERRED to Mediation. No mediator appointed at this time. (RDO) (Entered: 03/31/2021)	March 31, 2021	March 31, 2021
28	ORDER for Katrina Goodjoint to comply with the administrative procedures regarding electronic filing within thirty (30) days from the date of this Order. Signed by Judge Paul G. Byron on 4/3/2021. (GNB) copies mailed/e-mailed (Entered: 04/03/2021)	April 3, 2021	April 3, 2021
29	Unopposed MOTION to File Excess Pages by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Nichols, Tracy) (Entered: 04/14/2021)	April 14, 2021	April 14, 2021
30	Unopposed MOTION for Extension of Time to File Appointment of Mediator and Scheduling of Mediation by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Nichols, Tracy) (Entered: 04/14/2021)	April 14, 2021	April 14, 2021
31	ENDORSED ORDER granting 29 Motion to File Excess Pages. Plaintiffs may file a Response to Defendants' Motion to Dismiss of up to thirty pages in length. Signed by Judge Paul G. Byron on 4/15/2021. (JBS) (Entered: 04/15/2021)	April 15, 2021	April 15, 2021
32	ENDORSED ORDER granting in part and denying in part 30 Motion for Extension of Time. The parties shall confer and notify the Court on the selection of a mediator within fourteen (14) days from the date of this Order. The parties may have the six months they have requested to set a mediation date, so long as mediation takes place before the previously ordered deadline (Doc. 26). Signed by Judge Paul G. Byron on 4/15/2021. (GNB) copies e-mailed (Entered: 04/15/2021)	April 15, 2021	April 15, 2021
	Order on Motion to File Excess Pages	April 15, 2021	April 15, 2021
	Order on Motion for Extension of Time to File	April 15, 2021	April 15, 2021
33	NOTICE of Appearance by Alessandro D'Amico on behalf of Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts (D'Amico, Alessandro) (Entered: 04/20/2021)	April 20, 2021	April 20, 2021
34	Unopposed MOTION for George E. Schulz, Jr. to Withdraw as Attorney by All Plaintiffs. (Schulz, George) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 04/23/2021)	April 23, 2021	April 23, 2021
35	RESPONSE in Opposition re 24 MOTION to Dismiss Class Action Complaint filed by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Renstrom, Laura) (Entered: 04/23/2021)	April 23, 2021	April 23, 2021
36	ENDORSED ORDER granting 34 Attorney George E. Schulz's Unopposed Motion to Withdraw as Counsel for Plaintiffs. Attorney Schulz is terminated. The Clerk is directed to remove Attorney Schulz from the CM/ECF service list. Signed by Magistrate Judge Embry J. Kidd on 4/26/2021. (JLE) (Entered: 04/26/2021)	April 26, 2021	April 26, 2021
	Order on Motion to Withdraw as Attorney	April 26, 2021	April 26, 2021
37	Joint MOTION to Appoint Mediator by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Nichols, Tracy) Motions referred to Magistrate Judge Embry J. Kidd. Text modified on 4/29/2021 (RDO). (Entered: 04/28/2021)	April 28, 2021	April 28, 2021
38	ORDER granting 37 the parties' Joint Motion to Appoint Mediator. This case is REFERRED to United States District Judge Harvey E. Schlesinger, who is not assigned to this case, and with his consent, to conduct a mediation. Signed by Magistrate Judge Embry J. Kidd on 4/29/2021. (JLE) (Entered: 04/29/2021)	April 29, 2021	April 29, 2021
39	NOTICE of supplemental authority by Melinda N. Coonrod, Richard D. Davison, David A. Wyant. (Winship, Blaine) (Entered: 05/03/2021)	May 3, 2021	May 3, 2021
40	Unopposed MOTION for Extension of Time to Amend Complaint and Join Parties by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Nichols, Tracy) (Entered: 05/05/2021)	May 5, 2021	May 5, 2021
41	RESPONSE re 39 Notice of filing supplemental authority filed by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Nichols, Tracy) (Entered: 05/07/2021)	May 7, 2021	May 7, 2021
42	ENDORSED ORDER denying 40 Motion for Extension of Time to Amend Complaint/Add Parties. The Court does not extend deadlines solely due to pending motions and the Plaintiffs have not provided good cause for an extension of any deadline. Signed by Judge Paul G. Byron on 5/10/2021. (JBS) (Entered: 05/10/2021)	May 10, 2021	May 10, 2021
	Order on Motion for Extension of Time to Amend	May 10, 2021	May 10, 2021
43	ORDER granting in part and denying in part 24 Motion to Dismiss. Counts III and IV of Plaintiffs' Complaint are DISMISSED WITHOUT PREJUDICE. On or before July 16, 2021, Plaintiffs may file an Amended Complaint consistent with the directives of this Order, if they believe they can do so in accordance with Rule 11. Failure to timely file will result in dismissal of Counts III and IV with prejudice. Signed by Judge Paul G. Byron on 6/25/2021. (JBS) (Entered: 06/25/2021)	June 25, 2021	June 25, 2021 Clearinghouse
	Set/reset deadlines/hearings: Amended Complaint due by 7/16/2021 (RDO)	June 28, 2021	June 28, 2021
	Set/reset deadlines/hearings-PUBLIC	June 28, 2021	June 28, 2021
44	Unopposed MOTION for Extension of Time to File Answer Until July 19, 2021 by All Defendants. (Bassett, Glen) (Entered: 07/09/2021)	July 9, 2021	July 9, 2021
45	ENDORSED ORDER granting 44 Motion for Extension of Time to Answer. Defendants may have until and through July 19, 2021, to respond to the Complaint. Signed by Magistrate Judge Embry J. Kidd on 7/12/2021. (Kidd, Embry) (Entered: 07/12/2021)	July 12, 2021	July 12, 2021
	Order on Motion for Extension of Time to Answer	July 12, 2021	July 12, 2021
	Set/reset deadlines/hearings: for Melinda N. Coonrod, Richard D. Davison, David A. Wyant. Answers due by 7/19/2021. (RDO)	July 13, 2021	July 13, 2021
	Set/reset deadlines/hearings-PUBLIC	July 13, 2021	July 13, 2021
46	ANSWER and affirmative defenses to 1 Complaint by Melinda N. Coonrod, Richard D. Davison, David A. Wyant.(Bassett, Glen) (Entered: 07/19/2021)	July 19, 2021	July 19, 2021
47	Joint MOTION to Extend Class Discovery and Class Certification Deadlines by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Nichols, Tracy) Modified text on 8/30/2021 (TNP). (Entered: 08/27/2021)	Aug. 27, 2021	Aug. 27, 2021
48	ENDORSED ORDER granting 47 Joint Motion to Extend Class Discovery and Class Certification Deadlines. The Class Action Discovery deadline is extended to October 21, 2021. The Motion for Class Certification deadline is extended to November 18, 2021. The Response to Motion for Class Certification deadline is extended to December 9, 2021. The Reply to Response to Motion for Class Certification is extended to December 24, 2021. No other deadlines are extended as a result of this Order. Signed by Judge Paul G. Byron on 8/30/2021. (SJB) (Entered: 08/30/2021)	Aug. 30, 2021	Aug. 30, 2021
	Order on Motion for Extension of Time to File Response / Reply	Aug. 30, 2021	Aug. 30, 2021
49	Unopposed MOTION for A.J. D'Amico to Withdraw as Attorney of Record for Plaintiffs by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Nichols, Tracy) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 09/07/2021)	Sept. 7, 2021	Sept. 7, 2021
50	ENDORSED ORDER granting 49 Attorney A.J. D'Amico's Unopposed Motion to Withdraw as Counsel for Plaintiffs. The Clerk is directed to remove Attorney D'Amico from the CM/ECF service list. Signed by Magistrate Judge Embry J. Kidd on 9/8/2021. (IRM) (Entered: 09/08/2021)	Sept. 8, 2021	Sept. 8, 2021
	Order on Motion to Withdraw as Attorney	Sept. 8, 2021	Sept. 8, 2021
51	MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Exhibit Laura Tully Deposition Transcript, # 2 Exhibit List of Juvenile Lifers)(Balthazor, Andrew) (Entered: 11/18/2021)	Nov. 18, 2021	Nov. 18, 2021
52	MEMORANDUM in opposition re 51 Motion to Certify Class filed by Melinda N. Coonrod, Richard D. Davison, David A. Wyant. (Winship, Blaine) (Entered: 12/09/2021)	Dec. 9, 2021	Dec. 9, 2021
53	NOTICE to counsel John W. Turanchik of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). copy mailed (SPM) (Entered: 12/10/2021)	Dec. 10, 2021	Dec. 10, 2021
	Notice to Counsel of Local Rule	Dec. 10, 2021	Dec. 10, 2021
54	REPLY MEMORANDUM in support of 51 MOTION to Certify Class filed by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Balthazor, Andrew) Text modified on 12/23/2021 (RDO). (Entered: 12/22/2021)	Dec. 22, 2021	Dec. 22, 2021
55	MOTION to Amend 26 Case Management / FLSA / ADA / Social Security / Scheduling Order to Extend the Remaining Pretrial and Trial Deadlines by All Plaintiffs. (Renstrom, Laura) (Entered: 02/25/2022)	Feb. 25, 2022	Feb. 25, 2022
56	ENDORSED ORDER granting 55 Motion to Amend Case Management and Scheduling Order. Amended CMSO will follow. No further extensions will be granted absent extraordinary circumstances. Signed by Judge Paul G. Byron on 2/28/2022. (GNB) ctp (Entered: 02/28/2022)	Feb. 28, 2022	Feb. 28, 2022
57	AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. Discovery due by 8/1/2022 Dispositive motions due by 9/1/2022 Pretrial statement due by 12/15/2022 All other motions due by 12/22/2022 Plaintiff disclosure of expert report due by 6/1/2022 Defendant disclosure of expert report due by 7/5/2022 Final Pretrial Conference set for 1/17/2023 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron Bench Trial set for 2/6/2023 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 8/15/2022. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 2/28/2022. (GNB) ctp (Entered: 02/28/2022)	Feb. 28, 2022	Feb. 28, 2022
	Order on Motion to Amend / Correct / Modify / Supplement	Feb. 28, 2022	Feb. 28, 2022
58	ORDER granting 51 Motion to Certify Class. See Order for details. Signed by Judge Paul G. Byron on 3/30/2022. (SJB) (Entered: 03/30/2022)	March 30, 2022	March 30, 2022 Clearinghouse
59	Unopposed MOTION for Katrina L. Goodjoint to Withdraw as Attorney by All Plaintiffs. (Goodjoint, Katrina) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 05/09/2022)	May 9, 2022	May 9, 2022
60	ENDORSED ORDER granting 59 Unopposed Motion of Katrina L. Goodjoint for Leave to Withdraw as Counsel for Plaintiffs. Attorney Goodjoint is hereby withdrawn from the case. Signed by Magistrate Judge Embry J. Kidd on 5/10/2022. (IRM) (Entered: 05/10/2022)	May 10, 2022	May 10, 2022
	Order on Motion to Withdraw as Attorney	May 10, 2022	May 10, 2022
61	Unopposed MOTION to appear pro hac vice and Written Designation and Consent to Act by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Nichols, Tracy) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 06/06/2022)	June 6, 2022	June 6, 2022
	FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-19646098 for $150 paid. Special Admission for Non-Resident Attorney Monica Disare. (Nichols, Tracy)	June 6, 2022	June 6, 2022
	Pay Fee	June 6, 2022	June 6, 2022
62	ORDER granting 61 Motion to Appear Pro Hac Vice. Signed by Magistrate Judge Embry J. Kidd on 6/7/2022. (IRM) (Entered: 06/07/2022)	June 7, 2022	June 7, 2022
63	MOTION for Protective Order by All Defendants. (Attachments: # 1 Exhibit Fox Transcript, # 2 Exhibit Waymon Transcript, # 3 Exhibit Tully Transcript)(Bassett, Glen) Motions referred to Magistrate Judge Embry J. Kidd. (Entered: 06/13/2022)	June 13, 2022	June 13, 2022
64	MOTION to Compel Discovery by All Defendants. (Attachments: # 1 Requests for Production, # 2 Response to Requests for Production, # 3 Interrogatories, # 4 Response to Interrogatories) (Bassett, Glen) Motions referred to Magistrate Judge Embry J. Kidd. Text modified on 6/21/2022 (RDO). (Entered: 06/20/2022)	June 20, 2022	June 20, 2022
65	Unopposed MOTION for Extension of Time to File Response/Reply as to 63 MOTION for Protective Order to July 8, 2022, MOTION to File Excess Pages by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Warren, Stephen) (Entered: 06/21/2022)	June 21, 2022	June 21, 2022
66	ENDORSED ORDER granting in part and denying in part 65 Motion for Extension of Time; granting 65 Motion to File Excess Pages. The parties may brief this issue without regard to the undersigned's 4 Order on Discovery Motions. The Local Rules will apply as to page limits. The Court will allow Plaintiffs additional time to respond, but given the impending close of discovery, the response deadline will be July 5, 2022. Plaintiffs should not use any of their additional time or words to advise the Court further as to the manner in which it should rule on the pending Motion. Signed by Magistrate Judge Embry J. Kidd on 6/21/2022. (Kidd, Embry) (Entered: 06/21/2022)	June 21, 2022	June 21, 2022
	Order on Motion to File Excess Pages AND Order on Motion for Extension of Time to File Response / Reply	June 21, 2022	June 21, 2022
	Set/reset deadlines as to 63 MOTION for Protective Order . Responses due by 7/5/2022 (RDO)	June 22, 2022	June 22, 2022
	Set Motion and R&R deadlines/hearings - PUBLIC	June 22, 2022	June 22, 2022
67	RESPONSE to 64 MOTION to Compel Discovery filed by Plaintiffs. (Attachments: # 1 Exhibit (A) Expert Report of Cauffman, # 2 Exhibit (B) Plaintiffs' Privilege Log, # 3 Exhibit (C) Plaintiffs' First Amended Reponse to Defendants' First Set of Interrogatories)(Nichols, Tracy) Text modified on 6/28/2022 (RDO). (Entered: 06/27/2022) 1 View on RECAP	June 27, 2022	June 27, 2022
68	ENDORSED ORDER taking under advisement 64 Motion to Compel. In light of 67 Plaintiffs' response to the Motion, the parties are directed to file a notice, on or before July 6, 2022, informing the Court which, if any, discovery requests are still at issue. Signed by Magistrate Judge Embry J. Kidd on 6/30/2022. (IRM) (Entered: 06/30/2022)	June 30, 2022	June 30, 2022
	Order on Motion to Compel	June 30, 2022	June 30, 2022
69	RESPONSE in Opposition re 63 MOTION for Protective Order filed by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Attachments: # 1 Exhibit 1 (Tulley 30(b)(6) Deposition, # 2 Exhibit 2 (O'Donnell Depostion), # 3 Exhibit 3 (Fox Deposition))(Nichols, Tracy) (Entered: 07/05/2022)	July 5, 2022	July 5, 2022
70	EMERGENCY UNOPPOSED MOTION to Extend the Deadline for Defendant's Expert Report. (Bassett, Glen) Text modified on 7/6/2022 (RDO). (Entered: 07/05/2022)	July 5, 2022	July 5, 2022
71	NOTICE of Outstanding Discovery re 68 Order on Motion to Compel by Melinda N. Coonrod, Richard D. Davison, David A. Wyant (Bassett, Glen) Text modified on 7/7/2022 (RDO). (Entered: 07/06/2022)	July 6, 2022	July 6, 2022
72	ENDORSED ORDER granting 70 Motion for Extension of Time. Defendants may have until and through July 19, 2022, to serve their expert report. The discovery deadline is extended to August 15, 2022. No other deadlines are extended by this Order. The Court further notes that this Motion did not qualify for emergency treatment. The parties are advised to consult the undersigned's website for guidance on emergency motions. Failure to follow that guidance may lead to sanctions. Signed by Magistrate Judge Embry J. Kidd on 7/7/2022. (Kidd, Embry) (Entered: 07/07/2022)	July 7, 2022	July 7, 2022
	Set/reset scheduling order deadlines: Discovery due by 8/15/2022 (RDO)	July 7, 2022	July 7, 2022
	Order on Motion for Extension of Time to Complete Discovery	July 7, 2022	July 7, 2022
	Set/reset scheduling order deadlines - PUBLIC	July 7, 2022	July 7, 2022
73	ORDER denying 63 Motion for Protective Order. Signed by Magistrate Judge Embry J. Kidd on 7/13/2022. (IRM) (Entered: 07/13/2022)	July 13, 2022	July 13, 2022

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Case Details

State / Territory:

Florida

Case Type(s):

Criminal Justice (Other)

Special Collection(s):

Juvenile Parole

Key Dates

Filing Date: Jan. 8, 2021

Case Ongoing: Yes

Plaintiffs

Plaintiff Description:

A class of: "All persons who (i) were convicted of a crime committed when they were under the age of eighteen; (ii) were sentenced to life in prison or a term of years exceeding their life expectancy ( defined as greater than 470 months); (iii) are currently in the custody of the Florida Department of Corrections; (iv) have never been paroled; and (v) are or will become eligible for release to parole supervision but only through the parole process."

Plaintiff Type(s):

Private Plaintiff

Attorney Organizations:

Juvenile Law Center

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Granted

Defendants

Florida Commission on Offender Review, State

Defendant Type(s):

Corrections