Case Details

CourtSouthern District of Florida
Docket number1:11-cv-24145
Date case filed2011-11-17
Date case closed2012-03-30
Date of latest filing2012-01-30
Assigned toJudge Patricia A. Seitz
Case cause42:1983 Civil Rights Act
Nature of suit440 Civil Rights: Other
Jury demandNone
Demand
JurisdictionFederal Question

Case Parties

Party: Prison Legal News
Party type: Plaintiff
a project of the Human Rights Defense Center, a not-for-profit, Washington charitable corporation
Attorney name: Dante Pasquale Trevisani
Attorney Contact:
Florida Justice Institute
100 SE 2nd St
Suite 3750
Miami, FL 33131
(305) 358-2081
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Joshua Aaron Glickman
Attorney Contact:
Florida Justice Institute
100 SE 2nd Street
3750 Bank of America Tower
Miami, FL 33131-2309
202-709-5744
Fax: 866-893-0416
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Lance Weber
Attorney Contact:
Human Rights Defense Center
P.O. Box 2420
W. Brattleboro, VT 05303
802-257-1342
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Shawn Alex Heller
Attorney Contact:
SOCIAL JUSTICE LAW COLLECTIVE, PL
P.O. BOX 70327
Washington, DC 20024
202-709-5744
Fax: 866-893-0416
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Randall C. Marshall
Attorney Contact:
American Civil Liberties Union Foundation of Alabama
207 Montgomery Street
Suite 910
Montgomery, AL 36104-3535
334-265-2754
Fax: 334-269-5666
Email: [email protected]
ATTORNEY TO BE NOTICED

Attorney name: Randall Challen Berg , Jr.
Attorney Contact:
Florida Justice Institute
100 SE 2nd Street
3750 Miami Tower
Miami, FL 33131-2309
305-358-2081
Fax: 305-358-0910
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Larry Mayo
Party type: Defendant
in his official capacity as Warden of Everglades Correctional Institution
Attorney name: Susan A. Maher
Attorney Contact:
Office of Attorney General
Corrections Litigation Unit
The Capitol - PL01
Tallahassee, FL 32399-1050
(850) 414-3643
Fax: (850) 488-4872
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED
Party: William Churchwell
Party type: Defendant
in his official capacity as Warden of Dade Correctional Institution
Party: Norman Jenkins
Party type: Defendant
in his official capacity as Warden of Homestead Correctional Institution
Party: Kenneth S Tucker
Party type: Defendant
in his official capacity as Secretary of the Florida Department of Corrections
Attorney name: Lance Eric Neff
Attorney Contact:
Office of Attorney General
PL-01 The Capitol
Tallahassee, FL 32399-1050
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Susan A. Maher
Attorney Contact:
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Cedell Ian Garland
Attorney Contact:
Office of the Attorney General
Corrections Litigation Bureau
PL-01, The Capital
Tallahassee, FL 32399
850-414-3300
Fax: 850-488-4872
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: The GEO Group, Inc.
Party type: Defendant
a Florida Corporation
Attorney name: Gwendolyn P. Adkins
Attorney Contact:
Coppins Monroe Adkins & Dincman, P.A.
1319 Thomaswood Dr.
Tallahassee, FL 32308
850-422-2420
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Scott J. Seagle
Attorney Contact:
Coppins Monroe Adkins & Dinoman, P.A.
1319 Thomaswood Drive
Tallahassee, FL 32308
850-422-2420
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED
Party: Corrections Corporation of America
Party type: Defendant
a Tennessee Corporation, registered in and doing business in the state of Florida
Attorney name: John A. Schifino
Attorney Contact:
Williams Schifino Mangione & Steady, P.A.
201 North Franklin Street
Suite 3200
Tampa, FL 33602
813-221-2626
Email: [email protected]
LEAD ATTORNEY PRO HAC VICE ATTORNEY TO BE NOTICED

Attorney name: Mary Bonanno Thomas
Attorney Contact:
Williams Schifino Mangione & Steady, P.A.
201 N Franklin Street
Suite 3200
Tampa, FL 33602
813-221-2626
Fax: 813-221-7335
Email: [email protected]

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12011-11-17 ComplaintCOMPLAINT against All Defendants. Filing fee $ 350.00 receipt number 113C-4240413, filed by Prison Legal News. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) Kenneth S. Tucker, # 3 Summon(s) Larry Mayo, # 4 Summon(s) Jeff Atwater, # 5 Summon(s) Norman Jenkins, # 6 Summon(s) William Churchwell)(Berg, Randall) (Entered: 11/17/2011)
1.1 Civil Cover Sheet
1.2 Summon(s) Kenneth S. Tucker
1.3 Summon(s) Larry Mayo
1.4 Summon(s) Jeff Atwater
1.5 Summon(s) Norman Jenkins
1.6 Summon(s) William Churchwell
22011-11-17 Judge AssignmentJudge Assignment to Judge Patricia A. Seitz and Magistrate Judge Andrea M. Simonton (abe) (Entered: 11/17/2011)
32011-11-17 Notice of Attorney AppearanceNOTICE of Attorney Appearance by Joshua Aaron Glickman on behalf of Prison Legal News (Glickman, Joshua) (Entered: 11/17/2011)
42011-11-17 Summons IssuedSummons Issued as to All Defendants. (Attachments: # 1 Summon(s), # 2 Summon(s), # 3 Summon(s))(abe) (Entered: 11/17/2011)
52011-11-18 Notice of Attorney AppearanceNOTICE of Attorney Appearance by Randall C. Marshall on behalf of Prison Legal News (Marshall, Randall) (Entered: 11/18/2011)
62011-11-18 Notice of Attorney AppearanceNOTICE of Attorney Appearance by Shawn Alex Heller on behalf of Prison Legal News (Heller, Shawn) (Entered: 11/18/2011)
72011-11-17 Motion to Appear Pro Hac ViceMOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lance Weber. Filing Fee $ 75.00. Receipt # 28701. (ksa) (Entered: 11/21/2011)
82011-11-22 Order on Motion to Appear Pro Hac ViceORDER granting 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Patricia A. Seitz on 11/22/2011. (ots) (Entered: 11/23/2011)
92011-12-07 Notice of Attorney AppearanceNOTICE of Attorney Appearance by Susan A. Maher on behalf of Larry Mayo, Kenneth S Tucker (Maher, Susan) (Entered: 12/07/2011)
102011-12-09 Summons Returned ExecutedSUMMONS (Affidavit) Returned Executed on 1 Complaint, by Prison Legal News. Larry Mayo served on 11/30/2011, answer due 12/21/2011. (Attachments: # 1 Affidavit Return of Service for Larry Mayo)(Berg, Randall) (Entered: 12/09/2011)
112011-12-09 Order Requiring Joint Scheduling ReportOrder Requiring Joint Scheduling Report -Joint Scheduling Report due by 2/22/2012. Signed by Judge Patricia A. Seitz on 12/9/2011. (lw) (Entered: 12/09/2011)
122011-12-13 Summons Returned ExecutedSUMMONS (Affidavit) Returned Executed on 1 Complaint, by Prison Legal News. Kenneth S Tucker served on 12/5/2011, answer due 12/27/2011. (Attachments: # 1 Affidavit Return of Service for Kenneth Tucker)(Berg, Randall) (Entered: 12/13/2011)
132011-12-14 Summons Returned ExecutedSUMMONS (Affidavit) Returned Executed on 1 Complaint, by Prison Legal News. Norman Jenkins served on 12/8/2011, answer due 12/29/2011. (Attachments: # 1 Affidavit Service of Process Return for Norman Jenkins)(Berg, Randall) (Entered: 12/14/2011)
142011-12-16 Amended ComplaintFirst AMENDED COMPLAINT against All Defendants, filed by Prison Legal News.(Glickman, Joshua) (Entered: 12/16/2011)
152011-12-16 Notice of Attorney AppearanceNOTICE of Attorney Appearance by Lance Eric Neff on behalf of Kenneth S Tucker (Neff, Lance) (Entered: 12/16/2011)
162011-12-16 Notice of Filing Proposed Summons(es)NOTICE of Filing Proposed Summons(es) for The GEO Group, Inc. by Prison Legal News re 14 Amended Complaint filed by Prison Legal News (Berg, Randall) (Entered: 12/16/2011)
172011-12-16 Notice of Filing Proposed Summons(es)NOTICE of Filing Proposed Summons(es) for Corrections Corporation of America by Prison Legal News re 14 Amended Complaint filed by Prison Legal News (Berg, Randall) (Entered: 12/16/2011)
182011-12-22 Motion to Change VenueMOTION to Change Venue ( Responses due by 1/9/2012), MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM by Kenneth S Tucker. (Attachments: # 1 Affidavit Exh. A: Declaration of A. Walters, # 2 Exhibit Exh. B: Court Order and Opinion)(Neff, Lance) (Entered: 12/22/2011)
18.1 Affidavit Exh. A: Declaration of A. Walters
18.2 Exhibit Exh. B: Court Order and Opinion
192011-12-28 Summons IssuedSummons Issued as to The GEO Group, Inc.. (ots) (Entered: 12/28/2011)
202011-12-28 Summons IssuedSummons Issued as to Corrections Corporation of America. (ots) (Entered: 12/28/2011)
212012-01-09 Notice of Attorney AppearanceNOTICE of Attorney Appearance by Dante Pasquale Trevisani on behalf of Prison Legal News (Trevisani, Dante) (Entered: 01/09/2012)
222012-01-09 Response in Opposition to MotionRESPONSE in Opposition re 18 MOTION to Change Venue MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Prison Legal News. (Attachments: # 1 Exhibit 1: Declaration of Paul Wright)(Trevisani, Dante) (Entered: 01/09/2012)
232012-01-12 Reply to Response to MotionREPLY to Response to Motion re 18 MOTION to Change Venue MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Kenneth S Tucker. (Attachments: # 1 Exhibit A-E)(Neff, Lance) (Entered: 01/12/2012)
242012-01-17 Motion for Leave to FileUnopposed MOTION for Leave to File SUR-REPLY TO DEFENDANT TUCKER'S REPLY TO PLAINTIFF'S RESPONSE TO THE MOTION TO TRANSFER VENUE AND MOTION TO DISMISS AMENDED COMPLAINT by Prison Legal News. (Glickman, Joshua) (Entered: 01/17/2012)
252012-01-18 Order on Motion for Leave to FileORDER granting 24 Motion for Leave to File. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge Due by 01/20/2012. Signed by Judge Patricia A. Seitz (ots) (Entered: 01/19/2012)
262012-01-19 Reply to Response to MotionREPLY to Response to Motion re 18 MOTION to Change Venue MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM , 24 Unopposed MOTION for Leave to File SUR-REPLY TO DEFENDANT TUCKER'S REPLY TO PLAINTIFF'S RESPONSE TO THE MOTION TO TRANSFER VENUE AND MOTION TO DISMISS AMENDED COMPLAINT filed by Prison Legal News. (Glickman, Joshua) (Entered: 01/19/2012)
272012-01-20 Corporate Disclosure StatementCorporate Disclosure Statement by Prison Legal News (Trevisani, Dante) (Entered: 01/20/2012)
282012-01-23 Waiver of Service ExecutedWAIVER OF SERVICE Returned Executed by Prison Legal News. The GEO Group, Inc. waiver sent on 12/20/2011, answer due 2/21/2012. (Trevisani, Dante) (Entered: 01/23/2012)
292012-01-26 Motion to Dismiss for Failure to State a ClaimMOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM by Corrections Corporation of America. Responses due by 2/13/2012 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Thomas, Mary). Added MOTION to Change Venue on 1/30/2012 (lk). (Entered: 01/26/2012)
302012-01-26 Corporate Disclosure StatementCorporate Disclosure Statement by Corrections Corporation of America (Thomas, Mary) (Entered: 01/26/2012)
312012-01-30 Clerks Notice of Docket Correction and Instruction to Filer - AttorneyClerks Notice to Filer re 29 MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM and to Transfer Venue. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (lk) (Entered: 01/30/2012)
322012-01-31 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for John A. Schifino. Filing Fee $ 75.00. Receipt # 32815. (ksa) (Entered: 02/02/2012)
332012-02-03 ORDER granting 32 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Patricia A. Seitz on 2/3/2012. (ots) (Entered: 02/03/2012)
342012-02-10 Unopposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM and to Transfer Venue MOTION to Change Venue by Prison Legal News. (Glickman, Joshua) (Entered: 02/10/2012)
352012-02-13 ORDER granting 34 Motion for Extension of Time to File Response/Reply re 34 Unopposed MOTION for Extension of Time to File Response/Reply as to 29 MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM and to Transfer Venue MOTION to Change Venue Responses due by 2/28/2012. Signed by Judge Patricia A. Seitz on 2/13/2012. (ots) (Entered: 02/13/2012)
362012-02-15 Corporate Disclosure Statement by The GEO Group, Inc. (Waronicki, Brett) (Entered: 02/15/2012)
372012-02-15 NOTICE of Joinder and Motion to Dismiss First Amended Complaint and Motion to Transfer Venue by Defendant the Geo Group, Inc. by The GEO Group, Inc. re 35 Order on Motion for Extension of Time to File Response/Reply, Motion to Dismiss First Amended Complaint and Motion to Transfer Venue (Attachments: # 1 Affidavit Mark Henry)(Waronicki, Brett) Modified on 2/16/2012 (dj). Modified on 2/16/2012 (dj). (Entered: 02/15/2012)
382012-02-15 Clerks Notice to Filer re 37 Notice (Other). Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (dj) (Entered: 02/16/2012)
392012-02-15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filings for Gwendolyn P. Adkins and Scott J. Seagle. Filing Fee $ 150.00. Receipt # 91408. (ksa) (Additional attachment(s) added on 2/17/2012: # 1 Text of Proposed Order) (vp). (Entered: 02/16/2012)
402012-02-17 ORDER granting 39 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. Signed by Judge Patricia A. Seitz on 2/17/2012. (lk) (Entered: 02/17/2012)
412012-02-22 SCHEDULING REPORT - Rule 26(f) by Corrections Corporation of America, Prison Legal News, The GEO Group, Inc., Kenneth S Tucker (Attachments: # 1 Exhibit A - Election to Jurisdiction by a United States Magistrate Judge for Final Disposition of Discovery Motions)(Glickman, Joshua) (Entered: 02/22/2012)
422012-02-27 RESPONSE in Opposition re 29 MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM and to Transfer Venue MOTION to Change Venue, 37 Motion for Miscellaneous Relief filed by Prison Legal News. (Attachments: # 1 Exhibit 1 - Declaration of Paul Wright)(Trevisani, Dante) (Entered: 02/27/2012)
432012-03-06 REPLY to Response to Motion re 29 MOTION TO DISMISS 14 Amended Complaint FOR FAILURE TO STATE A CLAIM and to Transfer Venue MOTION to Change Venue filed by Corrections Corporation of America. (Stoler, Robert) (Entered: 03/06/2012)
442012-03-06 Clerks Notice to Filer re 43 Reply to Response to Motion. Document not filed in Text Searchable Format; ERROR - The document was not filed in Text Searchable Format. All future filings must be submitted in Text Searchable format as instructed in the CM/ECF Administrative Procedure 3G(5) -Page 10-. It is not necessary to refile this document. (ots) (Entered: 03/07/2012)
452012-03-26 NOTICE of Attorney Appearance by Cedell Ian Garland on behalf of Kenneth S Tucker (Garland, Cedell) (Entered: 03/26/2012)
462012-03-30 ORDER granting Defendant's Motions to Transfer Venue ( 18 29 37 ) to the U.S. District Court for the Northern District of Florida. Signed by Judge Patricia A. Seitz on 3/30/2012. (dgj) (Entered: 03/30/2012)
472012-04-03 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Northern District of Florida as case 3:12-cv-00152, filed 04/03/2012. (vjk) (Entered: 04/03/2012)