Case: McArdle v. City of Ocala, FL

5:19-cv-00461 | U.S. District Court for the Middle District of Florida

Filed Date: Sept. 19, 2019

Closed Date: 2021

Clearinghouse coding complete

Case Summary

Homeless residents of the City of Ocala, Florida filed this lawsuit against the City of Ocala challenging the constitutionality of its “open lodging” ordinance. On September 19, 2019, plaintiffs, represented by the ACLU of Florida, Southern Legal Counsel, and private counsel, brought this lawsuit in the United States District Court for the Middle District of Florida under 42 U.S.C. § 1983. Plaintiffs alleged the open lodging ordinance violated the Eighth and Fourteenth Amendments of the U.S. Co…

Homeless residents of the City of Ocala, Florida filed this lawsuit against the City of Ocala challenging the constitutionality of its “open lodging” ordinance. On September 19, 2019, plaintiffs, represented by the ACLU of Florida, Southern Legal Counsel, and private counsel, brought this lawsuit in the United States District Court for the Middle District of Florida under 42 U.S.C. § 1983. Plaintiffs alleged the open lodging ordinance violated the Eighth and Fourteenth Amendments of the U.S. Constitution and the Florida State Constitution by criminalizing homelessness and life-sustaining activities, including sleeping. They sought class action certification, declaratory relief, and injunctive relief. The case was assigned to District Judge James S. Moody, Jr. and Magistrate Judge Philip R. Lammens. 

The complaint alleged that the City of Ocala does not have enough shelter beds to accommodate its homeless population, giving homeless people no choice but to sleep outside on public or private property. It alleged that City’s “open lodging” ordinance criminalizes the status of homeless people by making “lodging” or “sleeping” on both public and private property unlawful and providing penalties of up to sixty days in jail and/or a fine of $500. The complaint further alleged that the City has a practice of issuing trespass warnings to homeless individuals banning them from public places that are otherwise open to the public, even when the individuals have not violated any laws. The named plaintiffs collectively spent 210 days in jail and had been assessed over $9,000 in fines, fees, and costs due to being found in violation of the ordinance.

On October 10, 2019, the City of Ocala moved to dismiss the plaintiffs’ challenges that the ordinance was unconstitutionally vague and that it violated substantive due process and the equal protection clause, relying on 11th Circuit precedent in Joel v. City of Orlando, 232 F.3d 1353 (11th Cir. 2000), which upheld the constitutionality of a similar ordinance. On November 13, 2019, the court denied the defendant’s motion to dismiss. It distinguished the present case from Joel, noting that, while the ordinance in Joel did not apply unless there were alternative places for homeless people to sleep, the ordinance in the present case applied regardless of whether alternative shelter was available, potentially criminalizing necessarily acts of survival, including sleeping. The case proceeded. 

On December 18, 2019, the plaintiffs filed a motion to certify the class and offered evidence in support of class certification. The proposed class included homeless people who live within the City of Ocala, who sometimes sleep outside the City to avoid arrest, and who have been convicted under the City’s “open lodging” ordinance. The parties engaged in discovery throughout 2020. On November 17, 2020, the court held proceedings on the plaintiffs’ motion to certify the class. On November 23, 2020, the court denied the plaintiffs motion for class certification. It reasoned that the class as defined could include people with and without alternative places to sleep, that the plaintiffs did not meet their burden in establishing that there was a common contention capable of class-wide resolution, and that the named plaintiffs were not typical of the class as defined. 

On December 7, 2020, the City of Ocala moved for summary judgment and the plaintiffs also moved for summary judgment. On February 8, 2021, the court denied the City’s motion for summary judgment and granted in part and denied in part the plaintiffs’ motion. The court relied on the precedent Martin v. City of Boise, 920 F.3d 584 (9th Cir. 2019), in which the Ninth Circuit concluded that if there were more homeless individuals than the number of available shelter bends, then a municipality was prohibited from prosecuting individuals from involuntarily sitting, lying, or sleeping in public. Here, the court determined that the City’s practice of enforcing the “open lodging” ordinance without first inquiring about the availability of shelter space violated the Eighth Amendment’s prohibition against cruel and unusual punishment. Thus, the court enjoined the City from enforcing its “open lodging” ordinance without first inquiring about the availability of shelter space. 

The court also determined that the ordinance was not unconstitutionally vague and that the plaintiffs’ substantive due process claim and equal protection claim survived summary judgment. Regarding plaintiffs’ procedural due process claim, the court ordered the City to rescind its trespass warnings issued to the plaintiffs and enjoined the city from issuing future trespass warnings without due process. Finally, the court declined to grant the defendant's motion for summary judgment on the count that the City’s trespass policy violated Article I, Section IX of the Florida Constitution. The court entered judgment in favor of the plaintiffs and against the defendant, City of Ocala, on February 19, 2021. 

On August 31, 2021, the court awarded plaintiffs $372,150 in attorneys’ fees and $19,979.58 in costs, totaling $392,129.58. 

On June 28, 2024, the Supreme Court announced its decision in Johnson v. City of Grants Pass, holding that enforcing bans on camping on public property was not prohibited “cruel and unusual punishment” under the Eighth Amendment. However, the judgment in this case has remained unaffected. As of December 2024, the Clearinghouse believes this case is now closed.

Summary Authors

Nicole Brigstock (12/28/2024)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/16217627/parties/mcardle-v-city-of-ocala-fl/


Judge(s)
Attorney for Plaintiff

Azis, Jacqueline Nicole (Florida)

DUNN, CHELSEA LEE (Florida)

Attorney for Defendant

Anderson, Christopher Allan (Florida)

Gilligan, Patrick G. (Florida)

Expert/Monitor/Master/Other

Jacobs, Brittany Hope (Florida)

show all people

Documents in the Clearinghouse

Document
1

5:19-cv-00461

Class Action Complaint for Declaratory and Injunctive Relief

Sept. 19, 2019

Sept. 19, 2019

Complaint
98

5:19-cv-00461

Order

Nov. 23, 2020

Nov. 23, 2020

Order/Opinion

2020 WL 8482692

122

5:19-cv-00461

Order

Feb. 8, 2021

Feb. 8, 2021

Order/Opinion

519 F.Supp.3d 1045

153

5:19-cv-00461

Judgment in a Civil Case

Sept. 1, 2023

Sept. 1, 2023

Order/Opinion

Docket

See docket on RECAP: https://www.courtlistener.com/docket/16217627/mcardle-v-city-of-ocala-fl/

Last updated Jan. 29, 2025, 11:11 p.m.

ECF Number Description Date Link Date / Link
1

COMPLAINT against City of Ocala, FL (Filing fee $ 400 receipt number 113A-15935300) filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Proposed Summons)(Anderson, Kirsten) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER

Case Assigned/Reassigned

Sept. 19, 2019

Sept. 19, 2019

PACER
2

NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:19-cv-461-Oc-30PRL. (SJB) (Entered: 09/19/2019)

Sept. 19, 2019

Sept. 19, 2019

PACER
3

SUMMONS issued as to City of Ocala, FL. (LAB) (LAB). (Entered: 09/20/2019)

Sept. 20, 2019

Sept. 20, 2019

PACER
4

RETURN of service executed on 09/20/2019 by Anthony Cummings, Courtney Ramsey, Patrick McArdle as to City of Ocala, FL. (Anderson, Kirsten) Modified on 11/1/2019 (HAI). (Entered: 09/25/2019)

Sept. 25, 2019

Sept. 25, 2019

PACER
5

MOTION to Dismiss Class Action Complaint by City of Ocala, FL. (Gilligan, Patrick) (Entered: 10/10/2019)

Oct. 10, 2019

Oct. 10, 2019

PACER
6

Unopposed MOTION to extend time to 11/7/2019 to Respond to Defendant's Partial Motion to Dismiss by All Plaintiffs. (Anderson, Kirsten) (Entered: 10/17/2019)

Oct. 17, 2019

Oct. 17, 2019

PACER
7

ENDORSED ORDER granting 6 Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant's Partial Motion to Dismiss. Plaintiffs' response is due by November 7, 2019. Signed by Judge James S. Moody, Jr. on 10/18/2019. (SMB) (Entered: 10/18/2019)

Oct. 18, 2019

Oct. 18, 2019

PACER

Order on motion to extend time

Oct. 18, 2019

Oct. 18, 2019

PACER

Set Motion and R&R deadlines/hearings - PUBLIC

Oct. 21, 2019

Oct. 21, 2019

PACER

Set/reset deadlines as to 5 MOTION to Dismiss Class Action Complaint . Responses due by 11/7/2019 (HAI)

Oct. 21, 2019

Oct. 21, 2019

PACER
8

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge James S. Moody, Jr. on 10/24/2019. (SMB) (Entered: 10/24/2019)

Oct. 24, 2019

Oct. 24, 2019

PACER
9

NOTICE of pendency of related cases re 8 Related case order and track 2 notice per Local Rule 1.04(d) by Anthony Cummings, Patrick McArdle, Courtney Ramsey. Related case(s): yes (Anderson, Kirsten) (Entered: 11/01/2019)

Nov. 1, 2019

Nov. 1, 2019

PACER
10

CASE MANAGEMENT REPORT. (Anderson, Kirsten) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
11

NOTICE of pendency of related cases re 8 Related case order and track 2 notice per Local Rule 1.04(d) by City of Ocala, FL. Related case(s): no (Gilligan, Patrick) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
12

RESPONSE in Opposition re 5 MOTION to Dismiss Class Action Complaint filed by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Anderson, Kirsten) (Entered: 11/07/2019)

Nov. 7, 2019

Nov. 7, 2019

PACER
13

CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/15/2020; Dispositive motions due by 10/15/2020; TELEPHONIC Pretrial Conference set for THURSDAY, JANUARY 7, 2021, at 9:15 A.M. before Judge James S. Moody Jr. The parties shall coordinate a telephonic conference call and contact Chambers at (813) 301-5680. Jury Trial set in Courtroom TBD of the United States Courthouse, 207 N.W. Second Street, First Floor, Ocala, FL, 34475, during the FEBRUARY 2021, trial term before Judge James S. Moody, Jr. Signed by Judge James S. Moody, Jr. on 11/8/2019. (SMB) (Entered: 11/08/2019)

Nov. 8, 2019

Nov. 8, 2019

PACER

Set/reset scheduling order deadlines - PUBLIC

Nov. 12, 2019

Nov. 12, 2019

PACER

Set/reset scheduling order deadlines: Defendant disclosure of expert report due by 7/15/2020, Plaintiff disclosure of expert report due by 6/15/2020 (HAI)

Nov. 12, 2019

Nov. 12, 2019

PACER
14

ORDER: The City of Ocala's Partial Motion to Dismiss Class Action Complaint (Doc. 5) is DENIED. Signed by Judge James S. Moody, Jr. on 11/13/2019. (SMB) (Entered: 11/13/2019)

Nov. 13, 2019

Nov. 13, 2019

PACER
15

ANSWER and affirmative defenses to 1 Complaint by City of Ocala, FL.(Gilligan, Patrick) (Entered: 11/27/2019)

Nov. 27, 2019

Nov. 27, 2019

PACER
16

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Juaristic, # 2 Exhibit 2015-2019 Open Lodging Convictions, # 3 Exhibit Declaration of Cummings, # 4 Exhibit Declaration of McArdle, # 5 Exhibit Declaration of Ramsey, # 6 Exhibit Anderson Resume, # 7 Exhibit Siegel Resume, # 8 Exhibit Dunn Resume, # 9 Exhibit Tilley Resume, # 10 Exhibit Azis Resume, # 11 Exhibit Pozzuto Resume)(Siegel, Jodi) (Entered: 12/18/2019)

Dec. 18, 2019

Dec. 18, 2019

RECAP
17

MOTION to extend time to Respond to Plaintiff's Motion for Class Certification by City of Ocala, FL. (Gilligan, Patrick) (Entered: 12/30/2019)

Dec. 30, 2019

Dec. 30, 2019

PACER
18

ENDORSED ORDER granting in part 17 Defendant's Motion for Extension of Time to Respond to Plaintiff's Motion for Class Certification. Defendant's response to Motion for Class Certification is due on April 1, 2020. Signed by Judge James S. Moody, Jr. on 1/2/2020. (SMB) (Entered: 01/02/2020)

Jan. 2, 2020

Jan. 2, 2020

PACER

Order on motion to extend time

Jan. 2, 2020

Jan. 2, 2020

PACER
19

MOTION to Compel Discovery by City of Ocala, FL. (Gilligan, Patrick) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 02/18/2020)

Feb. 18, 2020

Feb. 18, 2020

PACER
20

RESPONSE in Opposition re 19 MOTION to Compel Discovery filed by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Anderson, Kirsten) (Entered: 02/24/2020)

Feb. 24, 2020

Feb. 24, 2020

PACER
21

MOTION to Quash Subpoenas, MOTION for Protective Order by All Plaintiffs. (Attachments: # 1 Exhibit Defendant's Notice of Serving Subpoena Duces Tecum Without Depositions)(Azis, Jacqueline) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 02/24/2020)

1 Exhibit Defendant's Notice of Serving Subpoena Duces Tecum Without Depositi

View on PACER

Feb. 24, 2020

Feb. 24, 2020

RECAP
22

RESPONSE in Opposition to Motion re 21 MOTION to Quash Subpoenas MOTION for Protective Order filed by City of Ocala, FL. (Gilligan, Patrick) Modified on 3/9/2020 (HAI). (Entered: 03/06/2020)

March 6, 2020

March 6, 2020

PACER
23

ORDER. The City of Ocala's motion to compel discovery of medical history (Doc. 19) is DENIED. Plaintiffs' motion (Doc. 21) for an order quashing the Defendant's subpoenas to the eight medical providers (Marion County Health Department, Quad County Treatment Center, The Vines Hospital, The Centers, Ocala Regional Medical Center, West Marion Community Hospital, Advent Health, Marion County Jail Medical Unit) is GRANTED, and those subpoenas are hereby QUASHED. Plaintiffs' motion for a protective order (Doc. 21) is DENIED to the extent that a limited inquiry is permitted during Plaintiffs' depositions as explained in this Order, but is otherwise GRANTED. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 3/31/2020. (JWM) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

RECAP

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

March 31, 2020

March 31, 2020

PACER
24

MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Certify Class by City of Ocala, FL. (Gilligan, Patrick) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
25

ENDORSED ORDER granting 24 Defendant's Unopposed Motion for Extension of Time to Respond to 16 MOTION to Certify Class. Defendant's response is due by April 8, 2020. Signed by Judge James S. Moody, Jr. on 3/31/2020. (SMB) (Entered: 03/31/2020)

March 31, 2020

March 31, 2020

PACER
26

MOTION to File Excess Pages by City of Ocala, FL. (Gilligan, Patrick) (Entered: 04/02/2020)

April 2, 2020

April 2, 2020

PACER
27

ENDORSED ORDER granting 26 Defendant's Unopposed Motion to Exceed Page Limitation to Respond to Plaintiff's Motion for Class Certification. The City of Ocala is permitted to file a response of no more than thirty (30) pages to Plaintiffs' Motion for Class Certification. Signed by Judge James S. Moody, Jr. on 4/3/2020. (SMB) (Entered: 04/03/2020)

April 3, 2020

April 3, 2020

PACER

Order on Motion to File Excess Pages

April 3, 2020

April 3, 2020

PACER
28

NOTICE of filing depositions by City of Ocala, FL (Gilligan, Patrick) Modified on 4/9/2020 (HAI). (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
29

DEPOSITION of Dennis Yonce taken on 2/26/20 by City of Ocala, FL. . (Attachments: # 1 Exhibits to Deposition)(Gilligan, Patrick) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
30

DEPOSITION of Patrick McArdle taken on 3/13/20 by City of Ocala, FL. . (Attachments: # 1 Depo Exhibits, # 2 Depo Exhibits Part 2)(Gilligan, Patrick) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
31

DEPOSITION of Courtney Ramsey taken on 3/11/2020 by City of Ocala, FL. . (Attachments: # 1 Depo Exhibits)(Gilligan, Patrick) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
32

DEPOSITION of Anthony Cummings taken on 3/11/2020 by City of Ocala, FL. . (Attachments: # 1 Exhibit Depo Exhibits)(Gilligan, Patrick) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
33

AFFIDAVIT of Shawn Minucci by City of Ocala, FL. (Gilligan, Patrick) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
34

RESPONSE in Opposition re 16 MOTION to Certify Class filed by City of Ocala, FL. (Gilligan, Patrick) (Entered: 04/08/2020)

April 8, 2020

April 8, 2020

PACER
35

Unopposed MOTION for Miscellaneous Relief, specifically Leave to File Reply to Defendant's Response to Plaintiffs' Motion to Certify Class by All Plaintiffs. (Anderson, Kirsten) (Entered: 04/13/2020)

April 13, 2020

April 13, 2020

PACER

Remark no number

April 17, 2020

April 17, 2020

PACER

Received CDs re 28 NOTICE of filing. (Counsel notified to resend as to #6 (d) - J. Kelly Bodycam.mpg. Unable to play. All other CDs confirmed accessible.) (MJT) ***CD containing Video #8 SEALED per 38 ENDORSED ORDER.*** Modified on 4/24/2020 (MJT).

April 17, 2020

April 17, 2020

PACER

Remark no number

April 20, 2020

April 20, 2020

PACER

Received flashdrive of #6 (d) - J. Kelly Bodycam.mpg, confirmed accessible, re 28 NOTICE of filing. (MJT)

April 20, 2020

April 20, 2020

PACER
36

MOTION for Miscellaneous Relief, specifically Exclude and/or Strike Body Camera Footage by All Plaintiffs. (Attachments: # 1 Exhibit Plaintiffs' Conferral Email, # 2 Exhibit Defendant's Conferral Email)(Anderson, Kirsten) (Entered: 04/21/2020)

April 21, 2020

April 21, 2020

PACER
37

MOTION to Seal by City of Ocala, FL. (Gilligan, Patrick) (Entered: 04/22/2020)

April 22, 2020

April 22, 2020

RECAP
38

ENDORSED ORDER granting 37 Defendant's Unopposed Motion to Seal Body Camera Footage Related to Plaintiff, Courtney Ramsey. The Clerk is directed to seal the digital file entitled "T.McBride Bodycam1.mpg." Signed by Judge James S. Moody, Jr. on 4/23/2020. (SMB) (Entered: 04/23/2020)

April 23, 2020

April 23, 2020

PACER

Order on Motion to Seal

April 23, 2020

April 23, 2020

PACER
39

Unopposed MOTION for Extension of Time to Complete Discovery and to Modify Scheduling Order by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Siegel, Jodi) (Entered: 04/28/2020)

April 28, 2020

April 28, 2020

PACER
40

ENDORSED ORDER granting 39 Plaintiff's Unopposed Motion to Modify Case Management and Scheduling Order. The Court will enter an amended scheduling order. Signed by Judge James S. Moody, Jr. on 4/29/2020. (SMB) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER

Order on Motion for Extension of Time to Complete Discovery

April 29, 2020

April 29, 2020

PACER
41

AMENDEDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 11/4/2020; Dispositive motions due by 12/4/2020; TELEPHONIC Pretrial Conference set for THURSDAY, MARCH 4, 2021, at 10:15 A.M. before Judge James S. Moody Jr. The parties shall coordinate a telephonic conference call and contact Chambers at (813) 301-5680. Jury Trial set in Courtroom TBD of the United States Courthouse, 207 N.W. Second Street, First Floor, Ocala, FL, 34475, during the APRIL 2021, trial term before Judge James S. Moody, Jr. Signed by Judge James S. Moody, Jr. on 4/29/2020. (SMB) (Entered: 04/29/2020)

April 29, 2020

April 29, 2020

PACER

Set/reset scheduling order deadlines - PUBLIC

April 30, 2020

April 30, 2020

PACER

Set/reset scheduling order deadlines: Defendant disclosure of expert report due by 9/4/2020, Plaintiff disclosure of expert report due by 8/4/2020 (HAI)

April 30, 2020

April 30, 2020

PACER
42

RESPONSE in Opposition re 36 MOTION for Miscellaneous Relief, specifically Exclude and/or Strike Body Camera Footage filed by City of Ocala, FL. (Gilligan, Patrick) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
43

MOTION for Miscellaneous Relief, specifically For Court to Acccept Response by City of Ocala, FL. (Gilligan, Patrick) (Entered: 05/06/2020)

May 6, 2020

May 6, 2020

PACER
44

ENDORSED ORDER granting 43 Defendant's Motion for Court to Accept Response in Opposition to Plaintiffs' Motion to Exclude and/or Strike Body Camera Footage as Timely Filed. The Court will accept Dkt. 42 as timely filed. Signed by Judge James S. Moody, Jr. on 5/7/2020. (SMB) (Entered: 05/07/2020)

May 7, 2020

May 7, 2020

PACER

Order on Motion for Miscellaneous Relief

May 7, 2020

May 7, 2020

PACER
45

NOTICE of Limited Appearance by Gerard Tuzzio on behalf of The Salvation Army (Tuzzio, Gerard) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
46

MOTION for Protective Order by The Salvation Army. (Tuzzio, Gerard) (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
47

NOTICE of Center of Hope's Better Responses To Plaintiffs' Subpoena by The Salvation Army (Tuzzio, Gerard) Modified on 5/11/2020 (HAI). (Entered: 05/08/2020)

May 8, 2020

May 8, 2020

PACER
48

Amended NOTICE of Center of Hope's Better Responses To Plaintiffs' Subpoena by The Salvation Army (Tuzzio, Gerard) Modified on 5/14/2020 (HAI). (Entered: 05/13/2020)

May 13, 2020

May 13, 2020

PACER
49

Plaintiffs and Defendant shall show cause on or before May 21, 2020 why The Salvation Army Center of Hope's proposed protective order should not be entered. Signed by Magistrate Judge Philip R. Lammens on 5/14/2020. (AR) (Entered: 05/14/2020)

May 14, 2020

May 14, 2020

PACER

Set/reset deadlines/hearings-PUBLIC

May 15, 2020

May 15, 2020

PACER

Set/reset deadlines/hearings: Plaintiffs and Defendant Show Cause Response due by 5/21/2020 why the Salvation Army Center of Hope's proposed protective order should not be entered. (HAI)

May 15, 2020

May 15, 2020

PACER
50

RESPONSE in Opposition re 46 MOTION for Protective Order filed by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Attachments: # 1 Exhibit Salvation Army and Plaintiffs Tentative Agreed Order, # 2 Exhibit Defendant's Notice of No Objections, # 3 Exhibit Conferral Email with Salvation Army and Defendant, # 4 Exhibit Salvation Army Behavioral Expectations, # 5 Exhibit City Agenda Packet 3.28.19, # 6 Exhibit Long Way Home January 2019 Report, # 7 Exhibit City Manager Email with Salvation Army, # 8 Exhibit CoC Board of Governor January 2020 Minutes)(Anderson, Kirsten) (Entered: 05/20/2020)

May 20, 2020

May 20, 2020

PACER
51

RESPONSE TO ORDER TO SHOW CAUSE filed by City of Ocala, FL. (Gilligan, Patrick) (Entered: 05/21/2020)

May 21, 2020

May 21, 2020

PACER
52

NOTICE of hearing on motion re 46 MOTION for Protective Order . Motion Hearing set for 5/27/2020 at 01:00 PM in Ocala Courtroom 1 A before Magistrate Judge Philip R. Lammens by video conference using ZOOM. (Counsel will receive the meeting invite via email.) Members of the press and public who wish to attend remote hearings must use the web form on the court's internet site: https:// www.flmd.uscourts.gov/webforms/request-remote-access-courtroom-proceedings-press-and-public. (MJT) (Entered: 05/22/2020)

May 22, 2020

May 22, 2020

PACER

Notice of hearing on motion

May 22, 2020

May 22, 2020

PACER
53

NOTICE of Appearance by Christopher Allan Anderson on behalf of City of Ocala, FL (MJT) (Entered: 05/26/2020)

May 26, 2020

May 26, 2020

PACER
54

NOTICE of Appearance by Christopher Allan Anderson on behalf of City of Ocala, FL (Anderson, Christopher) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
55

ENDORSED ORDER granting 35 Plaintiffs' Unopposed Motion for Leave to File Reply to Defendant's Response to Plaintiffs' Motion to Certify the Class. Plaintiffs' reply is due within 14 days from the date of this Order and shall not exceed 10 pages. Signed by Judge James S. Moody, Jr. on 5/27/2020. (SMB) (Entered: 05/27/2020)

May 27, 2020

May 27, 2020

PACER
56

Minute Entry. Proceedings held before Magistrate Judge Philip R. Lammens: MOTION HEARING held on 5/27/2020 re 46 MOTION for Protective Order filed by The Salvation Army. (DIGITAL (Zoom)) (MJT) (Entered: 05/28/2020)

May 27, 2020

May 27, 2020

PACER

Order on Motion for Miscellaneous Relief

May 27, 2020

May 27, 2020

PACER
57

ORDER denying 46 Motion for Protective Order. Signed by Magistrate Judge Philip R. Lammens on 5/29/2020. (SA) (Entered: 05/29/2020)

May 29, 2020

May 29, 2020

PACER
59

NOTICE of Center of Hope's Supplemental Responses as to #1 - #6 to Plaintiffs' Subpoena by The Salvation Army (Tuzzio, Gerard) Modified on 6/4/2020 (HAI). (Entered: 06/03/2020)

June 3, 2020

June 3, 2020

PACER
60

REPLY to Response to Motion re 16 MOTION to Certify Class filed by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Attachments: # 1 Exhibit Street Sweeper Action Plan 1/2019, # 2 Exhibit Street Sweeper Action Plan 12/2018, # 3 Exhibit Operation Innovation Plan, # 4 Exhibit Street Sweeper Statistics, # 5 Exhibit Public Space Trespass, # 6 Exhibit Salvation Army Trespass, # 7 Exhibit "Habitual" Quality of Life Offender)(Siegel, Jodi) (Entered: 06/10/2020)

June 10, 2020

June 10, 2020

PACER
61

MOTION to Compel Non-Party Salvation Army to Produce Records by All Plaintiffs. (Attachments: # 1 Exhibit 5/12/20 Letter, # 2 Exhibit 5/19/20 Letter, # 3 Exhibit 5/22/20 Letter, # 4 Exhibit SA Better Responses, # 5 Exhibit 6/4/20 Pltfs' Email, # 6 Exhibit 6/4/20 SA Letter, # 7 Exhibit SA Behavioral Expectations, # 8 Exhibit McArdle Trespass from SA, # 9 Exhibit McArdle Intake SA, # 10 Exhibit SA Bed Count 2018, # 11 Exhibit SA Bed Count 2019, # 12 Exhibit SA Facebook Page, # 13 Exhibit McArdle Trespass Ocala, # 14 Exhibit McArdle Decl 6/12/20, # 15 Exhibit Cummings Trespass SA)(Siegel, Jodi) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 06/15/2020)

June 15, 2020

June 15, 2020

PACER
62

NOTICE of Filing Objection to Topic No. 7 of Plaintiffs' Second Amended Notice of Taking Deposition by The Salvation Army (Attachments: # 1 Exhibit A)(Tuzzio, Gerard) Modified on 6/22/2020 (HAI). (Entered: 06/19/2020)

June 19, 2020

June 19, 2020

PACER
63

RESPONSE in Opposition re 61 MOTION to Compel Non-Party Salvation Army to Produce Records filed by The Salvation Army. (Tuzzio, Gerard) (Entered: 06/29/2020)

June 29, 2020

June 29, 2020

PACER
64

Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Compel by City of Ocala, FL. (Anderson, Christopher) (Entered: 06/30/2020)

June 30, 2020

June 30, 2020

PACER
65

ENDORSED ORDER granting 64 Defendant's Unopposed Motion for Extension of Time to Respond to 61 Plaintiff's MOTION to Compel Non-Party Salvation Army to Produce Records. Defendant City of Ocala's deadline to respond to Plaintiff's Motion to Compel is extended to July 2, 2020. Signed by Judge James S. Moody, Jr. on 7/1/2020. (SMB) (Entered: 07/01/2020)

July 1, 2020

July 1, 2020

PACER

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

July 1, 2020

July 1, 2020

PACER
66

RESPONSE in Opposition re 61 MOTION to Compel Non-Party Salvation Army to Produce Records filed by City of Ocala, FL. (Gilligan, Patrick) (Entered: 07/02/2020)

July 2, 2020

July 2, 2020

PACER
67

ORDER granting in part and denying in part 61 Motion to Compel. Signed by Magistrate Judge Philip R. Lammens on 7/8/2020. (SA) (Entered: 07/08/2020)

July 8, 2020

July 8, 2020

RECAP
68

RESPONSE re 61 MOTION to Compel Non-Party Salvation Army to Produce Records, 67 Order on Motion to Compel, Response as to #13 of Plaintiffs' Subpoena In Compliance with Court Order filed by The Salvation Army. (Tuzzio, Gerard) (Entered: 07/15/2020)

July 15, 2020

July 15, 2020

PACER
69

NOTICE OF HEARING re 16 MOTION to Certify Class: ORAL ARGUMENT is set for TUESDAY, NOVEMBER 3, 2020, at 10:30 AM in Tampa Courtroom 17 before Judge James S. Moody Jr. Time reserved: 1 hour. (SMB) (Entered: 08/31/2020)

Aug. 31, 2020

Aug. 31, 2020

PACER

Notice of hearing on motion

Aug. 31, 2020

Aug. 31, 2020

PACER
70

MOTION In Limine Daubert Motion by City of Ocala, FL. (Gilligan, Patrick) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
71

MOTION for Protective Order Motion for Expedited Ruling and Request for Oral Argument by City of Ocala, FL. (Gilligan, Patrick) (Entered: 10/05/2020)

Oct. 5, 2020

Oct. 5, 2020

PACER
72

RESPONSE to Motion re 71 MOTION for Protective Order Motion for Expedited Ruling and Request for Oral Argument filed by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Attachments: # 1 Exhibit Deposition Notice for City's Expert, # 2 Exhibit Defendant's Disclosure of Expert Witness)(Anderson, Kirsten) (Entered: 10/07/2020)

Oct. 7, 2020

Oct. 7, 2020

PACER
73

ORDER denying 71 The City of Ocala's Motion for Protective Order. Signed by Magistrate Judge Philip R. Lammens on 10/9/2020. (AR) (Entered: 10/09/2020)

Oct. 9, 2020

Oct. 9, 2020

PACER
74

MOTION for Extension of Time to File Response/Reply as to 70 MOTION In Limine Daubert Motion by All Plaintiffs. (Azis, Jacqueline) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER
75

ENDORSED ORDER granting 74 Plaintiffs' Unopposed Motion for an Extension to Respond to Defendant's Daubert Motion. Plaintiffs' deadline to respond to Defendant's Daubert Motion is extended to November 9, 2020. Signed by Judge James S. Moody, Jr. on 10/15/2020. (SMB) (Entered: 10/15/2020)

Oct. 15, 2020

Oct. 15, 2020

PACER

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

Oct. 15, 2020

Oct. 15, 2020

PACER
76

Unopposed MOTION for Extension of Time to File substitute expert disclosures and modify case management and scheduling report to allow substitution of expert by All Plaintiffs. (Anderson, Kirsten) (Entered: 10/27/2020)

Oct. 27, 2020

Oct. 27, 2020

PACER

Case Details

State / Territory: Florida

Case Type(s):

Criminal Justice (Other)

Policing

Key Dates

Filing Date: Sept. 19, 2019

Closing Date: 2021

Case Ongoing: No reason to think so

Plaintiffs

Plaintiff Description:

Three homeless individuals in the City of Ocala, FL

Attorney Organizations:

ACLU Affiliates (any)

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: Yes

Class Action Outcome: Denied

Defendants

City of Ocala, FL (Marion), City

Defendant Type(s):

Jurisdiction-wide

Case Details

Causes of Action:

42 U.S.C. § 1983

State law

Declaratory Judgment Act, 28 U.S.C. § 2201

Ex parte Young (federal or state officials)

Constitutional Clause(s):

Due Process

Due Process: Procedural Due Process

Due Process: Substantive Due Process

Equal Protection

Cruel and Unusual Punishment

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

Declaratory Judgment

Source of Relief:

Litigation

Content of Injunction:

Preliminary relief granted

Amount Defendant Pays: $392,129.58

Order Duration: 2021 - None

Issues