Case: Barnett v. Tony

0:20-cv-61113 | U.S. District Court for the Southern District of Florida

Filed Date: June 5, 2020

Case Ongoing

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Case Summary

This is a class-action lawsuit about the sufficiency of COVID-19 safety protocols at Broward County Jails, administered by the Broward Sheriff's Office (BSO). On June 5, 2020, thirteen named plaintiffs and a local NGO, Disability Rights Florida, represented by the ACLU, filed the case seeking a writ of habeas corpus and injunctive and declaratory relief. Plaintiffs alleged that the BSO knowingly failed to adopt and implement adequate policies and procedures to mitigate the spread of COVID-19. These alleged failures included hazardous intake processes, insufficient social distancing, insufficient testing, and a lack of PPE and cleaning supplies for prisoners. In addition to claims that these alleged failures constituted violations of the 8th Amendment's prohibition on cruel and unusual punishment as well as the 14th Amendment's Due Process Clause, plaintiffs claimed that BSO was in violation of the Americans with Disabilities Act, 42 U.S.C. § 12131, and the Rehabilitation Act, 29 U.S.C. § 794, as these policies were potentially especially harmful to the medically vulnerable and to those with disabilities. The case was assigned to U.S. District Court Judge William P. Dimitrouleas, sitting in Fort Lauderdale, FL.

On June 25, 2020, plaintiffs filed a motion for a temporary restraining order seeking release of medically vulnerable and disabled individuals, as well as implementation of COVID-19 education programs, stricter social distancing protocols, regular testing, and the provision of PPE to prisoners and staff. BSO did not respond, and the case was instead stayed until December 15 when both parties moved for a preliminary approval of class settlement and class certification.

The settlement agreement granted plaintiffs class certification and most of the remedies they had sought, with the notable exception of release for medically vulnerable and disabled incarcerated persons. Notwithstanding that exception, the settlement ordered BSO to comply with CDC recommendations on matters such as social distancing, PPE and sanitization supplies, and the availability and prominence of health information.

Between December 15, 2021 and May 13, 2021, when the settlement was ultimately approved, the court received twenty-four written objections from class members opposing the settlement. However, the bulk of these letters addressed ongoing safety violations in spite of the settlement, which was already in effect, as opposed to opposing the settlement itself. The court approved the settlement, pointing out that plaintiffs may conduct reasonable monitoring of the jail's compliance, including inspections, review of relevant documents, and interviewing staff and class members. The court retained jurisdiction for the length of this order, which was set to be 12 to 15 months, depending on when Emergency Orders are lifted in Broward County and the state of Florida.

On September 21, 2021, the plaintiffs moved to enforce or modify the settlement agreement. The plaintiffs alleged that BSO had failed to comply with key terms of the settlement. First, they contended that BSO had failed to follow CDC guidelines regarding COVID-19, as required by the settlement agreement. The request to enforce included eighteen different specific categories, including testing, screening, monitoring, social distancing, isolation, and the provision of personal protective equipment and educational information. Along with the specific requests for enforcement, the plaintiffs also requested the imposition of monthly compliance reporting and the appointment of an independent monitor to oversee compliance. Secondly, the plaintiffs argued that the court should use its equitable power to modify the agreement and direct BSO to take measures to educate detainees about vaccination and to provide access to vaccination, since these measures had not been contemplated at the time of the agreement's negotiation and are necessary to effectuate the purpose of the settlement agreement. Judge Dimitrouleas referred the motion to Magistrate Judge Lurana S. Snow. An evidentiary hearing on the motion was held on October 21, 2021.

On November 19, 2021, Magistrate Judge Snow filed a report and recommendation on the motion to enforce or modify the settlement. The court found that the defendant had failed to follow the terms of the settlement agreement by failing to comply with CDC guidance regarding COVID-19, as was required by the agreement. The court recommended that the defendant be ordered to comply with the CDC's guidance by conducting COVID-19 tests on all individuals at intake; by testing all detainees being released or otherwise leaving jail; by ensuring that quarantined individuals are tested every 3-7 days; by conducting temperature and symptom checks prior to all transfers of detainees; by maintaining a list of medically vulnerable detainees and conducting COVID-19 screening and temperature checks on such detainees; by tracking the housing location of medically vulnerable inmates; and by ensuring that detainees possess two usable face coverings at all times. The court found that no additional action by the defendant was needed in order to comply with the settlement agreement. Furthermore, the court did not find the appointment of an independent monitor or enhanced reporting to be necessary. Lastly, the court found that no modification to the agreement was necessary. The parties were given fourteen days to file written objections to the report and recommendation.

On January 31, 2022, Judge Dimitrouleas reviewed each party’s objections to Judge Snow’s report and recommendations. BSO did not object to the factual findings of the report. Instead, the BSO argued that Judge Snow had erred procedurally by holding plaintiff’s motion to a “preponderance of the evidence” standard rather than the elevated “clear and convincing” burden of proof. The court found that the defendant failed to cite both (1) an authority suggesting that a settlement agreement could only be enforced through a contempt proceeding; or (2) an authority holding that once a court has adopted a settlement agreement, it has no power to enforce the agreement independent of holding BSO in contempt.

The plaintiffs objected to four findings in the report. First, the plaintiffs objected to the report’s finding that without a clear definition of a symptomatic person sufficient to warrant medical isolation, plaintiffs could not show that the defendant failed to comply with testing symptomatic and exposed detainees. Plaintiffs pointed to (1) the description of COVID-19 symptoms in the agreement; (2) CDC guidance referred to in the agreement; and (3) uncontested evidence of symptoms presented at the hearing. Second, the plaintiffs argued that the defendant failed to educate incarcerated persons on the latest public guidance on COVID-19, including best practices. Though the court agreed that there were objective ways to measure what constitutes a symptomatic person, including temperature checks and identification of symptoms by medical staff, it overruled both the first and second objections because plaintiffs failed to show that the BSO failed to comply with testing and isolating symptomatic persons and providing the latest Covid-19 public health guidance by a preponderance of the evidence.

Thirdly, plaintiff objected to the report’s finding that monthly compliance reporting and an independent monitor were unwarranted. The court overruled the objection, holding that it would be inappropriate to impose sanctions, including more stringent reporting, without a finding of contempt. Finally, the plaintiff’s request to modify the consent decree to reflect the widespread approval and availability of COVID-19 vaccinations was denied. The court ruled that the plaintiff had sufficient time to renegotiate the terms of the agreement before May 2021 and that the change in factual circumstances was insufficient to warrant modifying the agreement.

The court reiterated that it was in the parties’ interests to increase the vaccination rate at the BSO’s facilities and granted the plaintiff’s motion for enforcement of testing protocols; temperature and symptom checks; maintenance of a list of medically vulnerable detainees and their housing location; and provision of two usable face coverings to detained person at all times.

In April 2022, BSO filed a motion requesting that the court take judicial notice of two adjudicative facts pursuant to Federal Rule of Evidence 201: (1) Florida's COVID-19 state of emergency ended on Saturday, June 26, 2021, and (2) Broward County's local state of emergency ended on Thursday, July 1, 2021. Defendants argued that judicial notice was proper because these facts were generally known within the court’s territorial jurisdiction and could be accurately and readily determined from sources cited in and attached to the motion. The court denied the motion without prejudice on April 20, 2022 and without providing its reasoning.

	Document
0:20-cv-61113	Docket [PACER]	Oct. 27, 2021	Oct. 27, 2021 Docket
1 0:20-cv-61113	Petition for Writ of Habeas Corpus and Complaint for Injunctive and Declaratory Relief	June 5, 2020	June 5, 2020 Complaint
49, 42-2 and 49-3 0:20-cv-61113	Joint Motion for Preliminary Approval of Class Settlement, Preliminary Certification of Settlement Class, and Approval of Class Notice and Incorporated Memorandum of Law	Dec. 15, 2020	Dec. 15, 2020 Pleading / Motion / Brief
49-1 0:20-cv-61113	Settlement Agreement	Dec. 15, 2020	Dec. 15, 2020 Settlement Agreement
112 0:20-cv-61113	Order Certifying Settlement Class and Approving Class Settlement	May 13, 2021	May 13, 2021 Order/Opinion
130 0:20-cv-61113	Plaintiffs' Motion for Enforcement and Modification and Incorporated Memorandum of Law	Sept. 21, 2021	Sept. 21, 2021 Pleading / Motion / Brief
166 0:20-cv-61113	Report and Recommendations Disability Rights Florida, INC. v. Tony	Nov. 19, 2021	Nov. 19, 2021 Magistrate Report/Recommendation 2021 WL 2021
166 0:20-cv-61113	Order Approving in Part Report of Magistrate Judge	Nov. 19, 2021	Nov. 19, 2021 Order/Opinion 2021 WL 2021
173 0:20-cv-61113	Order Approving in Part Report of Magistrate Judge; Sustaining in Part Objections; Granting in Part Motion for Enforcement and Modification	Jan. 31, 2022	Jan. 31, 2022 Order/Opinion 2022 WL 2022
176 0:20-cv-61113	Order Denying Motion without Prejudice	April 21, 2022	April 21, 2022 Order/Opinion

ECF Number	Description	Date	Link Date / Link
1	APPLICATION/PETITION (Complaint) for Writ of Habeas Corpus pursuant to 28 U.S.C. 2241 & Complaint For Injunctive and Declaratory Relief. Filing fee $ 5.00 receipt number AFLSDC-12988368, filed by Bernard Franklin, Helen Piciacchi, Christopher Brown, Ricardo Gonzales Guerra, Robert Morrill, Darius Walker Greaves, William Bennet, Disability Rights Florida, Inc., Heather Lewis, Cody Barnett, Jesse Callins, Todd Watson, Samuel Paulk, Gregory Dunning. (Attachments: # 1 Summon(s) Unexecuted (Sheriff Tony), # 2 Civil Cover Sheet)(Stevenson, Benjamin) (Entered: 06/05/2020) 1 Summon(s) Unexecuted (Sheriff Tony) View on PACER 2 Civil Cover Sheet View on PACER	June 5, 2020	June 5, 2020 Clearinghouse
2	Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas and Magistrate Judge Lurana S. Snow. (pes) (Entered: 06/05/2020)	June 5, 2020	June 5, 2020 PACER
3	Summons Issued as to Gregory Tony. (pes) (Entered: 06/05/2020)	June 5, 2020	June 5, 2020 PACER
4	Notice of Pending, Refiled, Related or Similar Actions by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson (Azis, Jacqueline) (Entered: 06/05/2020)	June 5, 2020	June 5, 2020 PACER
5	Notice of Pending, Refiled, Related or Similar Actions by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson (Stevenson, Benjamin) (Entered: 06/05/2020)	June 5, 2020	June 5, 2020 PACER
	Clerk's Notice of Judge Assignment and Optional Consent	June 5, 2020	June 5, 2020 PACER
6	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric Balaban. Filing Fee $ 200.00 Receipt # AFLSDC-12992223 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)	June 6, 2020	June 6, 2020 PACER
7	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Anjana Samant. Filing Fee $ 200.00 Receipt # AFLSDC-12992224 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)	June 6, 2020	June 6, 2020 PACER
8	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Steven M. Watt. Filing Fee $ 200.00 Receipt # AFLSDC-12992225 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)	June 6, 2020	June 6, 2020 PACER
9	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James H. Congdon. Filing Fee $ 200.00 Receipt # AFLSDC-12992227 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)	June 6, 2020	June 6, 2020 PACER
10	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Akash M. Toprani. Filing Fee $ 200.00 Receipt # AFLSDC-12992228 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)	June 6, 2020	June 6, 2020 PACER
11	MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Suhana S. Han. Filing Fee $ 200.00 Receipt # AFLSDC-12992229 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 6/22/2020 (Stevenson, Benjamin) (Entered: 06/06/2020)	June 6, 2020	June 6, 2020 PACER
12	ORDER GRANTING MOTIONS TO APPEAR PRO HAC VICE, CONSENT TO DESIGNATION AND REQUEST TO ELECTRONICALLY RECEIVE NOTICES OF ELECTRONIC FILING re to the Motions DE# 6, 7, 8, 9, 10 and 11 . Eric Balaban, Anjana Samant, Steven M. Watt, James H. Congdon, Akash M. Toprani, and Suhana S. Han may appear and participate in this action on behalf of Plaintiffs in the above-styled action. Signed by Judge William P. Dimitrouleas on 6/8/2020. See attached document for full details. (ebz) (Entered: 06/08/2020)	June 8, 2020	June 8, 2020 PACER
13	ORDER REQUIRING COUNSEL TO MEET, FILE JOINT SCHEDULING REPORT AND JOINT DISCOVERY REPORT Signed by Judge William P. Dimitrouleas on 6/8/2020. See attached document for full details. (ebz) (Entered: 06/08/2020)	June 8, 2020	June 8, 2020 PACER
14	NOTICE of Attorney Appearance by Michael Ross Piper on behalf of Gregory Tony. Attorney Michael Ross Piper added to party Gregory Tony(pty:dft). (Piper, Michael) (Entered: 06/08/2020)	June 8, 2020	June 8, 2020 PACER
15	NOTICE of Attorney Appearance by Christopher J. Stearns, Jr on behalf of Gregory Tony. Attorney Christopher J. Stearns, Jr added to party Gregory Tony(pty:dft). (Stearns, Christopher) (Entered: 06/08/2020)	June 8, 2020	June 8, 2020 PACER
16	ACKNOWLEDGMENT OF SERVICE as to 3 Summons Issued, 1 Application/Petition (Complaint) for Writ of Habeas Corpus,, and Waiver filed by Gregory Tony. (Piper, Michael) (Entered: 06/08/2020)	June 8, 2020	June 8, 2020 PACER
17	NOTICE of Filing Declarations by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson of Filing Evidence in Support of Injunctive Relief (Attachments: # 1 Affidavit Clifford Alcenor Declaration, # 2 Affidavit Bakari Artis Declaration, # 3 Affidavit Bakari Artis Supplemental Declaration, # 4 Affidavit Cody Barnett Declaration, # 5 Affidavit Cody Barnett Supplemental Declaration, # 6 Affidavit William Bennett Declaration, # 7 Affidavit William Bennett Supplemental Declaration, # 8 Affidavit Christopher Brown Declaration, # 9 Affidavit Christopher Brown Supplemental Declaration, # 10 Affidavit Jesse Callins Declaration, # 11 Affidavit William Carrion Declaration, # 12 Affidavit Robert Cohen Declaration, # 13 Affidavit Wayne Costello Declaration, # 14 Affidavit Wayne Costello Supplemental Declaration, # 15 Affidavit Daryl Cunningham Declaration, # 16 Affidavit Gregory Dunning Declaration, # 17 Affidavit Brian Evans Declaration, # 18 Affidavit Bernard Franklin Declaration, # 19 Affidavit Bernard Franklin Supplemental Declaration, # 20 Affidavit Darius Walker Greaves Declaration, # 21 Affidavit Darius Walker Greaves Supplemental Declaration, # 22 Affidavit icardo Gonzalez Guerra Declaration, # 23 Affidavit Keith Jinks Declaration, # 24 Affidavit Keith Jinks Supplemental Declaration, # 25 Affidavit Heather Lewis Declaration, # 26 Affidavit Heather Lewis Supplemental Declaration, # 27 Affidavit Rosario Melici Declaration, # 28 Affidavit James Moncur Declaration, # 29 Affidavit James Moncur Supplemental Declaration, # 30 Affidavit Robert Morrill Declaration, # 31 Affidavit Robert Morrill Supplemental Declaration, # 32 Affidavit Samuel Paulk Declaration, # 33 Affidavit Samuel Paulk Supplemental Declaration, # 34 Affidavit Zavier Permenter Declaration, # 35 Affidavit Zavier Permenter Supplemental Declaration, # 36 Affidavit Ashley Perpignand Declaration, # 37 Affidavit Helen Piciacchi Declaration, # 38 Affidavit Helen Piciacchi Supplemental Declaration, # 39 Affidavit Tim Ryan Declaration, # 40 Affidavit Robert Sissle Declaration, # 41 Affidavit Dion Stevenson Declaration, # 42 Affidavit Eldon Vail Declaration, # 43 Affidavit John Vickers Declaration, # 44 Affidavit Todd Watson Declaration, # 45 Affidavit Todd Watson Supplemental Declaration, # 46 Affidavit David West Declaration, # 47 Exhibit Broward County Inmate Handbook, # 48 Exhibit April 17, 2020 Letter from Public Defender to BSO, # 49 Exhibit April 24, 2020 FOPE Safety Committee Letter, # 50 Exhibit May 15, 2020 Letter from Disability Rights Florida to BSO, # 51 Exhibit May 11, 2020 Email from T. Lynch to B. Stull, # 52 Exhibit Medical Examiner Investigation Report) (Stevenson, Benjamin) (Entered: 06/25/2020) 4 View on RECAP	June 25, 2020	June 25, 2020 PACER
18	MOTION for Temporary Restraining Order ( Responses due by 7/9/2020), MOTION for Preliminary Injunction by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. (Attachments: # 1 Text of Proposed Order)(Stevenson, Benjamin) (Entered: 06/25/2020) 1 Text of Proposed Order View on RECAP	June 25, 2020	June 25, 2020 PACER
19	Consent MOTION for Leave to File Excess Pages (ECF 18) by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. (Stevenson, Benjamin) (Entered: 06/25/2020)	June 25, 2020	June 25, 2020 PACER
20	Joint MOTION to Stay Until July 10, 2020 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 7/9/2020 (Stevenson, Benjamin) (Entered: 06/25/2020)	June 25, 2020	June 25, 2020 PACER
21	ORDER GRANTING MOTION FOR LEAVE TO EXCEED PAGE LIMITS re 19 Motion for Leave to File Excess Pages. Plaintiffs may exceed the 20-page limit by forty-three (43) pages in filing their Motion for a Temporary Restraining Order and/or Preliminary Injunction and Incorporated Memorandum of Law. Signed by Judge William P. Dimitrouleas on 6/25/2020. See attached document for full details. (ebz) (Entered: 06/25/2020)	June 25, 2020	June 25, 2020 PACER
22	ORDER STAYING CASE. Motion to Stay DE# 20 is GRANTED, this case is STAYED until July 10, 2020. Signed by Judge William P. Dimitrouleas on 6/25/2020. See attached document for full details. (ebz) (Entered: 06/25/2020)	June 25, 2020	June 25, 2020 PACER
23	Joint MOTION to Stay until July 24, 2020 by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 7/29/2020 (Stevenson, Benjamin) (Entered: 07/15/2020)	July 15, 2020	July 15, 2020 PACER
24	ORDER STAYING CASE. ORDERED AND ADJUDGED that the Motion DE# 23 is GRANTED; this case is STAYED until July 24, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 on or before July 31, 2020. Responses due by 7/31/2020 Signed by Judge William P. Dimitrouleas on 7/16/2020. See attached document for full details. (ebz) (Entered: 07/17/2020)	July 17, 2020	July 17, 2020 PACER
25	Joint MOTION to Stay (Aug. 10) by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 8/7/2020 (Stevenson, Benjamin) (Entered: 07/24/2020)	July 24, 2020	July 24, 2020 PACER
26	ORDER Granting 25 Motion to Stay. This case is STAYED until August 10, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 within 10 days after the Plaintiffs have supplemented the evidentiary record. Signed by Judge William P. Dimitrouleas on 7/27/2020. See attached document for full details. (cds) (Entered: 07/27/2020)	July 27, 2020	July 27, 2020 PACER
27	Joint MOTION for a Continued Stay by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 8/21/2020 (Stevenson, Benjamin) (Entered: 08/07/2020)	Aug. 7, 2020	Aug. 7, 2020 PACER
28	ORDER STAYING CASE; granting 27 Joint Motion for a Continued Stay. Case stayed until 8/21/2020. Signed by Judge William P. Dimitrouleas on 8/11/2020. See attached document for full details. (jas) (Entered: 08/11/2020)	Aug. 11, 2020	Aug. 11, 2020 PACER
29	Joint MOTION for Protective Order (HIPPA) by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. (Attachments: # 1 Text of Proposed Order Agreed Order)(Stevenson, Benjamin) (Entered: 08/12/2020)	Aug. 12, 2020	Aug. 12, 2020 PACER
30	ORDER REFERRING MOTION AND DISCOVERY. ORDER REFERRING CASE to Magistrate Judge Lurana S. Snow for Discovery Matters. ORDER REFERRING 29 Joint MOTION for Protective Order (HIPPA) filed by Ricardo Gonzales Guerra, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Darius Walker Greaves, Helen Piciacchi, Jesse Callins, Todd Watson, Robert Morrill, Cody Barnett, William Bennet, Christopher Brown, Samuel Paulk, Heather Lewis. Motions referred to Judge Lurana S. Snow. Signed by Judge William P. Dimitrouleas on 8/13/2020. See attached document for full details. (ebz) (Entered: 08/14/2020)	Aug. 13, 2020	Aug. 13, 2020 PACER
31	ORDER granting 29 Joint Motion for Protective Order. See attached document for full details. Signed by Magistrate Judge Lurana S. Snow on 8/16/2020. (sl00) (Entered: 08/16/2020)	Aug. 16, 2020	Aug. 16, 2020 PACER
32	Joint MOTION to Stay (Sept. 4, 2020) by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 9/3/2020 (Stevenson, Benjamin) (Entered: 08/20/2020)	Aug. 20, 2020	Aug. 20, 2020 PACER
33	ORDER STAYING CASE. The Motion DE# 32 is GRANTED; this case is STAYED until September 4, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 within 10 days after the Plaintiffs have supplemented the evidentiary record. Signed by Judge William P. Dimitrouleas on 8/24/2020. See attached document for full details. (ebz) (Entered: 09/03/2020)	Sept. 2, 2020	Sept. 2, 2020 PACER
34	Joint MOTION to Stay (Sept. 18, 2020) by Cody Barnett, William Bennet, Christopher Brown, Jesse Callins, Disability Rights Florida, Inc., Gregory Dunning, Bernard Franklin, Ricardo Gonzales Guerra, Heather Lewis, Robert Morrill, Samuel Paulk, Helen Piciacchi, Darius Walker Greaves, Todd Watson. Responses due by 9/17/2020 (Stevenson, Benjamin) (Entered: 09/03/2020)	Sept. 3, 2020	Sept. 3, 2020 PACER
35	ORDER STAYING CASE. Motion DE# 34 is GRANTED; this case is STAYED until September 18, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 within 10 days after the Plaintiffs have supplemented the evidentiary record. Signed by Judge William P. Dimitrouleas on 9/4/2020. See attached document for full details. (ebz) (Entered: 09/04/2020)	Sept. 4, 2020	Sept. 4, 2020 PACER
36	GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 9/12/2020. (jz) (Entered: 09/14/2020)	Sept. 12, 2020	Sept. 12, 2020 PACER
37	Joint MOTION to Stay by Gregory Tony. Responses due by 10/2/2020 (Attachments: # 1 Text of Proposed Order)(Piper, Michael) (Entered: 09/18/2020)	Sept. 18, 2020	Sept. 18, 2020 PACER
38	ORDER STAYING CASE. ORDERED AND ADJUDGED that the Motion DE# 37 is GRANTED; this case is STAYED until October 2, 2020. Defendant shall file a response to the Motion for Temporary Restraining Order DE# 18 within 10 days after the Plaintiffs have supplemented the evidentiary record. Signed by Judge William P. Dimitrouleas on 9/18/2020. See attached document for full details. (ebz) (Entered: 09/21/2020)	Sept. 20, 2020	Sept. 20, 2020 PACER
39	Joint MOTION to Stay by Gregory Tony. Responses due by 10/15/2020 (Attachments: # 1 Text of Proposed Order)(Piper, Michael) (Entered: 10/01/2020)	Oct. 1, 2020	Oct. 1, 2020 PACER

Case: Barnett v. Tony

0:20-cv-61113 | U.S. District Court for the Southern District of Florida

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