Case: Wilson v. Dixon

Complaint pursuant to 42 USC 1983 against Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Filing fee $ 405.00 receipt number AFLSDC-17950117, filed by Dwayne K Wilson, Wheeler Gary, Tyrone B Harris. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s))(Udelsman, Andrew) (Entered: 10/31/2024)

1 Civil Cover Sheet

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2 Summon(s)

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3 Summon(s)

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4 Summon(s)

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Judge Assignment

Judge Assignment to Senior Judge Paul C. Huck (ar24) (Entered: 10/31/2024)

Summons Issued as to Francisco Acosta, Ricky Dixon, Florida Department of Corrections. (ar24) (Entered: 10/31/2024)

MOTION to Certify Class by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. Responses due by 11/18/2024. (Attachments: # 1 Exhibit 1 - Kirtman Declaration, # 2 Exhibit 2 - Jones Declaration, # 3 Exhibit 3 - Vassallo Declaration, # 4 Exhibit 4 - Schiavon Declaration, # 5 Exhibit 5 - NCCHC Position Statement, # 6 Exhibit 6 - Bless Declaration, # 7 Exhibit 7 - Wheeler Declaration, # 8 Exhibit 8 - Beaver Declaration, # 9 Exhibit 9 - Thomas Declaration, # 10 Exhibit 10 - Silvis Declaration, # 11 Exhibit 11 - Wilson Declaration, # 12 Exhibit 12 - Powell Declaration, # 13 Exhibit 13 - Ingram Declaration, # 14 Exhibit 14 - Harris Declaration, # 15 Exhibit 15 - Alvarado Declaration, # 16 Exhibit 16 - Llosa Declaration, # 17 Exhibit 17 - HSB 15.03.13)(Trevisani, Dante) (Entered: 11/02/2024)

NOTICE of Change of Address/Contact Information; by Dante Pasquale Trevisani (Trevisani, Dante) (Entered: 11/07/2024)

Clerk's Notice - Attorney Admissions

CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Dante Pasquale Trevisani re 5 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 11/07/2024)

SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dwayne K Wilson, Wheeler Gary, Tyrone B Harris. Francisco Acosta served on 11/12/2024, response/answer due 12/3/2024. (Udelsman, Andrew) (Entered: 11/13/2024)

SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dwayne K Wilson, Wheeler Gary, Tyrone B Harris. Ricky Dixon served on 11/5/2024, response/answer due 11/26/2024. (Udelsman, Andrew) (Entered: 11/13/2024)

SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dwayne K Wilson, Wheeler Gary, Tyrone B Harris. Florida Department of Corrections served on 11/5/2024, response/answer due 11/26/2024. (Udelsman, Andrew) (Entered: 11/13/2024)

NOTICE of Attorney Appearance by Raymond Frederick Treadwell on behalf of Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Attorney Raymond Frederick Treadwell added to party Francisco Acosta(pty:dft), Attorney Raymond Frederick Treadwell added to party Ricky Dixon(pty:dft), Attorney Raymond Frederick Treadwell added to party Florida Department of Corrections(pty:dft). (Treadwell, Raymond) (Entered: 11/19/2024)

NOTICE of Attorney Appearance by Paul Courtney Huck, Jr on behalf of Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Attorney Paul Courtney Huck, Jr added to party Francisco Acosta(pty:dft), Attorney Paul Courtney Huck, Jr added to party Ricky Dixon(pty:dft), Attorney Paul Courtney Huck, Jr added to party Florida Department of Corrections(pty:dft). (Huck, Paul) (Entered: 11/19/2024)

NOTICE of Attorney Appearance by Mathew Daniel Gutierrez on behalf of Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Attorney Mathew Daniel Gutierrez added to party Francisco Acosta(pty:dft), Attorney Mathew Daniel Gutierrez added to party Ricky Dixon(pty:dft), Attorney Mathew Daniel Gutierrez added to party Florida Department of Corrections(pty:dft). (Gutierrez, Mathew) (Entered: 11/19/2024)

NOTICE of Attorney Appearance by Robert Edward Minchin, III on behalf of Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Attorney Robert Edward Minchin, III added to party Francisco Acosta(pty:dft), Attorney Robert Edward Minchin, III added to party Ricky Dixon(pty:dft), Attorney Robert Edward Minchin, III added to party Florida Department of Corrections(pty:dft). (Minchin, Robert) (Entered: 11/19/2024)

ORDER OF RECUSAL. Senior Judge Paul C. Huck recused. Case reassigned to Judge Kathleen M. Williams for all further proceedings. Signed by Senior Judge Paul C. Huck on 11/19/2024. See attached document for full details. (vjk) (Entered: 11/20/2024)

Order on Motion for Extension of Time

NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Raymond Frederick Treadwell (Treadwell, Raymond) (Entered: 11/20/2024)

Unopposed MOTION for Extension of Time Additional time to respond to Class Action Complaint by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Responses due by 12/4/2024. (Treadwell, Raymond) (Entered: 11/20/2024)

ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES. Signed by Judge Kathleen M. Williams on 11/20/2024. See attached document for full details. (ar24) (Entered: 11/20/2024)

PAPERLESS ORDER. THIS MATTER is before the Court on Defendants' Unopposed Motion for Extension of Time (DE 16 ) ("Motion"). In the Motion, Defendants request an additional two weeks to respond to Plaintiffs' Class Action Complaint (DE 1 ) and Plaintiffs' Motion for Class Certification (DE 4 ). Upon review of the Motion and the record, and in light of the fact that the Motion is unopposed, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Defendants shall file their responses on or before December 17, 2024. Signed by Judge Kathleen M. Williams on 11/20/2024. (ssh) (Entered: 11/20/2024)

NOTICE of Attorney Appearance by Vivekka Suppiah on behalf of Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Attorney Vivekka Suppiah added to party Francisco Acosta(pty:dft), Attorney Vivekka Suppiah added to party Ricky Dixon(pty:dft), Attorney Vivekka Suppiah added to party Florida Department of Corrections(pty:dft). (Suppiah, Vivekka) (Entered: 11/22/2024)

MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 11/25/2024. See attached document for full details. (fbn) (Entered: 11/25/2024)

CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorneys PACER account for attorney Raymond Frederick Treadwell re 15 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 12/13/2024)

Clerk's Notice - Attorney Admissions

RESPONSE in Opposition re 4 MOTION to Certify Class filed by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Replies due by 12/26/2024. (Treadwell, Raymond) (Entered: 12/17/2024)

MOTION to Dismiss by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Responses due by 12/31/2024. (Attachments: # 1 Exhibit DLI-Administrative Appeal for DOC 107552, # 2 Exhibit McManus Declaration Revised)(Treadwell, Raymond) (Entered: 12/17/2024)

1 Exhibit DLI-Administrative Appeal for DOC 107552

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2 Exhibit McManus Declaration Revised

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Joint SCHEDULING REPORT - Rule 16.1 by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson (Attachments: # 1 Text of Proposed Order Proposed Scheduling Order)(Trevisani, Dante) (Entered: 12/18/2024)

1 Text of Proposed Order Proposed Scheduling Order

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Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 22 Response in Opposition to Motion, 23 MOTION to Dismiss by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. (Trevisani, Dante) (Entered: 12/18/2024)

PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiffs' Unopposed Motion for Extension of Time to Respond to Motion to Dismiss and Reply to Response to Motion for Class Certification (DE 25 ) ("Motion"). In the Motion, Plaintiffs seek an extension of time through January 17, 2025 to respond to Defendants' Motion to Dismiss (DE 23 ) and file a Reply in support of their Motion for Class Certification (DE 4 ). Upon review of the Motion and the record, and in light of the fact that the Motion is unopposed, it is ORDERED AND ADJUDGED that the Motion is GRANTED. Plaintiffs shall file their response and reply on or before January 17, 2025. Signed by Judge Kathleen M. Williams on 12/19/2024. (ssh) (Entered: 12/19/2024)

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

SCHEDULING ORDER. ( Jury Trial set for 7/13/2026 in Miami Division before Judge Kathleen M. Williams., Calendar Call set for 7/7/2026 11:00 AM before Judge Kathleen M. Williams.) Signed by Judge Kathleen M. Williams on 12/19/2024. See attached document for full details. (kpe) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 12/19/2024)

Unopposed MOTION for Protective Order (HIPAA Qualified Protective Order) by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. (Attachments: # 1 Exhibit 1 - Proposed HIPAA Qualified Protective Order, # 2 Exhibit 2 - Murphy HIPAA Qualified Protective Order, # 3 Exhibit 3 - Copeland HIPAA Qualified Protective Order, # 4 Exhibit 4 - DRF HIPAA Qualified Protective Order, # 5 Exhibit 5 - Hoffer HIPAA Qualified Protective Order, # 6 Exhibit 6 - Harvard HIPAA Qualified Protective Order)(Trevisani, Dante) (Entered: 01/15/2025)

Unopposed MOTION for Confidentiality Order (Stipulated) by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. (Attachments: # 1 Exhibit 1 - Proposed Stipulated Confidentiality Order, # 2 Exhibit 2 - Murphy Confidentiality Order, # 3 Exhibit 3 - Copeland Confidentiality Order, # 4 Exhibit 4 - DRF Confidentiality Order)(Trevisani, Dante) (Entered: 01/15/2025)

1 Exhibit 1 - Proposed Stipulated Confidentiality Order

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2 Exhibit 2 - Murphy Confidentiality Order

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3 Exhibit 3 - Copeland Confidentiality Order

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4 Exhibit 4 - DRF Confidentiality Order

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HIPAA QUALIFIED PROTECTIVE ORDER. Signed by Ch. Magistrate Judge Jonathan Goodman on 1/15/2025. See attached document for full details. (mkr) Modified text per Chambers on 1/16/2025 (bb). (Entered: 01/15/2025)

STIPULATED CONFIDENTIALITY ORDER. Signed by Ch. Magistrate Judge Jonathan Goodman on 1/15/2025. (mkr) Modified text per Chambers on 1/16/2025 (bb). (Entered: 01/15/2025)

Joint MOTION for Leave to Select Uncertified Mediator by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. (Attachments: # 1 Exhibit 1 - Jason Osteen CV)(Trevisani, Dante) (Entered: 01/17/2025)

REPLY to Response to Motion re 4 MOTION to Certify Class . filed by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. (Trevisani, Dante) (Entered: 01/17/2025)

RESPONSE in Opposition re 23 MOTION to Dismiss filed by Wheeler Gary, Tyrone B Harris, Dwayne K Wilson. Replies due by 1/24/2025. (Trevisani, Dante) (Entered: 01/17/2025)

PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' Joint Motion for Leave of Court to Select an Uncertified Mediator (DE 32 ) ("Joint Motion"). In the Joint Motion, the Parties seek to select Jason O'Steen as mediator based on his prior mediation experience with state agencies and the Florida Department of Corrections. Upon review of the Joint Motion, and for good cause shown, it is ORDERED AND ADJUDGED that the Motion is GRANTED. The Parties may select Jason O'Steen as their mediator. The Parties shall file a joint notice of mediation informing the Court of the time, date, and place for mediation as described in the Court's Scheduling Order on or before January 23, 2025. Signed by Judge Kathleen M. Williams on 1/21/2025. (ssh) (Entered: 01/21/2025)

Order on Motion for Miscellaneous Relief

Joint NOTICE of Mediation by Dwayne K Wilson, Tyrone B Harris, Wheeler Gary (Trevisani, Dante) (Entered: 01/23/2025)

Clerk's Notice of Docket Correction and Instruction to Filer - Attorney

Clerk's Notice to Filer re 36 Notice (Other). Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (drz) (Entered: 01/23/2025)

RESPONSE in Support re 23 MOTION to Dismiss filed by Ricky Dixon, Florida Department of Corrections, Francisco Acosta. (Attachments: # 1 Exhibit Exhibit 1 - What is the heat index?, # 2 Exhibit Exhibit 2 - Heat Index Chart)(Treadwell, Raymond) (Entered: 01/24/2025)

Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Jason O'Steen. (Trevisani, Dante) (Entered: 01/27/2025)

NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Andrew George Udelsman (Udelsman, Andrew) (Entered: 01/28/2025)

CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Andrew George Udelsman re 40 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 01/29/2025)

Clerk's Notice - Attorney Admissions

CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorneys PACER account for attorney Andrew George Udelsman re 40 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 01/31/2025)

Clerk's Notice - Attorney Admissions

NOTICE of Attorney Appearance by Erica Selig on behalf of Dwayne K Wilson, Tyrone B Harris, Wheeler Gary. Attorney Erica Selig added to party Dwayne K Wilson(pty:pla), Attorney Erica Selig added to party Tyrone B Harris(pty:pla), Attorney Erica Selig added to party Wheeler Gary(pty:pla). (Selig, Erica) (Entered: 04/03/2025)

Clerk's Notice - Attorney Admissions

NOTICE of Change of Email; by Erica Selig (Selig, Erica) (Entered: 04/03/2025)

CLERK'S NOTICE - Attorney Admissions has updated the email information as submitted through attorneys PACER account for attorney Erica Selig re 44 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 04/03/2025)

NOTICE of Change of Address/Contact Information; Change of Email; Change of Law Firm Name; by Andrew George Udelsman (Udelsman, Andrew) (Entered: 04/23/2025)

Clerk's Notice - Attorney Admissions

CLERK'S NOTICE - Attorney Admissions has updated the address and email information as submitted through attorneys PACER account for attorney Andrew George Udelsman re 46 Notice of Change of Address, Email or Law Firm Name (pt) (Entered: 04/23/2025)

ORDER denying DE 23 Motion to Dismiss. Signed by Judge Kathleen M. Williams on 5/28/2025. See attached document for full details. (cwc) (Entered: 05/28/2025)

NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/27/2025 02:30 PM in Miami Division before Ch. Magistrate Judge Jonathan Goodman. (Trevisani, Dante) (Entered: 06/09/2025)

PAPERLESS ORDER setting a Zoom Discovery Hearing set for 6/27/2025 at 2:30 PM in the Miami Division before Chief Magistrate Judge Jonathan Goodman. All parties will need to download the Zoom App for cell phone, tablet (iPad), and for those using a desktop or a laptop equipped with a webcam to click on the meeting link and install the plug-in when prompted. Then enter the Meeting ID and Password. Each participant needs to log in 10 minutes early, to make sure there are no glitches. The hearing will be conducted via ZOOM, as follows Join ZoomGov Meeting https://www.zoomgov.com/j/1618285453?pwd=XYA9uITb0SK3IPZXGDCg5vhHYNPS6s.1. Meeting ID: 161 828 5453. Passcode: 395639.This Zoom hearing is the digital equivalent of an actual, in-court hearing, so counsel are expected to dress as though they are in an actual federal courtroom.Persons granted remote access to proceedings are reminded of the general prohibition against photographing, recording, and rebroadcasting of court proceedings. Violation of these prohibitions may result in sanctions, including removal of court issued media credentials, restricted entry to future hearings, denial of entry to future hearings, or any other sanctions deemed necessary by the court. Signed by Ch. Magistrate Judge Jonathan Goodman on 6/10/2025. (fbn) (Entered: 06/10/2025)

- Order (PAPERLESS or pdf attached) AND ~Util - Set/Reset Deadlines/Hearings

ANSWER and Affirmative Defenses to Complaint by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. (Treadwell, Raymond) (Entered: 06/11/2025)

Unopposed MOTION to Withdraw as Attorney by Raymond F. Treadwell for / by Francisco Acosta, Ricky Dixon, Florida Department of Corrections. Responses due by 6/27/2025. (Treadwell, Raymond) (Entered: 06/13/2025)

Order on Motion to Withdraw as Attorney

PAPERLESS ORDER granting 52 Unopposed MOTION to Withdraw as Attorney by Raymond F. Treadwell. Defendants will continue to be represented in this matter by Lawson Huck Gonzalez, PLLC. Signed by Ch. Magistrate Judge Jonathan Goodman on 6/13/2025. (mkr) (Entered: 06/13/2025)

Amended NOTICE of Hearing by ATTORNEY: Discovery Hearing set for 6/27/2025 02:30 PM in Miami Division before Ch. Magistrate Judge Jonathan Goodman. (Udelsman, Andrew) (Entered: 06/23/2025)

Order on Motion to Compel Discovery

Discovery Hearing

Compel Discovery

Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2025-52A to Magistrate Judge Enjolique A. Lett. Magistrate Judge Jonathan Goodman no longer assigned to case. (vjk)

Case Reassignment of Paired Magistrate Judge

- Order (PAPERLESS or pdf attached)