Case: Howard v. Coonrod

Juvenile Law Center

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)

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)

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)

Case Assigned/Reassigned

STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Embry J. Kidd on 1/3/2020 (PML) ctp (Entered: 01/11/2021)

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)

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)

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)

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)

SUMMONS issued as to All Defendants. (RDO) (Entered: 01/11/2021)

Order

Joint MOTION for Miscellaneous Relief, specifically Joint Motion for Briefing Schedule by All Plaintiffs. (Schulz, George) (Entered: 01/13/2021)

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)

Order on Motion for Miscellaneous Relief

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)

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)

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)

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)

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)

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)

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)

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)

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)

Order on Motion to Appear Pro Hac Vice

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)

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)

CASE MANAGEMENT REPORT. (Nichols, Tracy) (Entered: 02/17/2021)

MOTION to Dismiss Class Action Complaint by Melinda N. Coonrod, Richard D. Davison, David A. Wyant. (Winship, Blaine) (Entered: 03/09/2021)

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)

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)

CASE REFERRED to Mediation. No mediator appointed at this time. (RDO) (Entered: 03/31/2021)

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)

Unopposed MOTION to File Excess Pages by Carl Tracy Brown, Robert Earl Howard, Damon Peterson, Willie Watts. (Nichols, Tracy) (Entered: 04/14/2021)

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)

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)

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)

Order on Motion to File Excess Pages

Order on Motion for Extension of Time to File

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)

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)

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)

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)

Order on Motion to Withdraw as Attorney

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)

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)

NOTICE of supplemental authority by Melinda N. Coonrod, Richard D. Davison, David A. Wyant. (Winship, Blaine) (Entered: 05/03/2021)

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)

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)

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)

Order on Motion for Extension of Time to Amend

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)

Set/reset deadlines/hearings: Amended Complaint due by 7/16/2021 (RDO)

Set/reset deadlines/hearings-PUBLIC

Unopposed MOTION for Extension of Time to File Answer Until July 19, 2021 by All Defendants. (Bassett, Glen) (Entered: 07/09/2021)

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)

Order on Motion for Extension of Time to Answer

Set/reset deadlines/hearings: for Melinda N. Coonrod, Richard D. Davison, David A. Wyant. Answers due by 7/19/2021. (RDO)

Set/reset deadlines/hearings-PUBLIC

ANSWER and affirmative defenses to 1 Complaint by Melinda N. Coonrod, Richard D. Davison, David A. Wyant.(Bassett, Glen) (Entered: 07/19/2021)

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)

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)

Order on Motion for Extension of Time to File Response / Reply

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)

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)

Order on Motion to Withdraw as Attorney

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)

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)

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)

Notice to Counsel of Local Rule

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)

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)

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)

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)

Order on Motion to Amend / Correct / Modify / Supplement

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)

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)

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)

Order on Motion to Withdraw as Attorney

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)

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)

Pay Fee

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)

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)

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)

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)

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)

Order on Motion to File Excess Pages AND Order on Motion for Extension of Time to File Response / Reply

Set/reset deadlines as to 63 MOTION for Protective Order . Responses due by 7/5/2022 (RDO)

Set Motion and R&R deadlines/hearings - PUBLIC

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)

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)

Order on Motion to Compel

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)

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)

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)

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)

Set/reset scheduling order deadlines: Discovery due by 8/15/2022 (RDO)

Order on Motion for Extension of Time to Complete Discovery

Set/reset scheduling order deadlines - PUBLIC

ORDER denying 63 Motion for Protective Order. Signed by Magistrate Judge Embry J. Kidd on 7/13/2022. (IRM) (Entered: 07/13/2022)