Chianne D. et al v. Weida et al
Plaintiff: Chianne D., C. D. and A. V.
Defendant: Jason Weida and Shevaun Harris
Case Number: 3:2023cv00985
Filed: August 22, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Marcia Morales Howard
Referring Judge: Laura Lothman Lambert
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: None
Docket Report

This docket was last retrieved on April 25, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 20, 2023 Opinion or Order Filing 52 Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: MOTION HEARING held on 10/20/2023; granting #46 Plaintiffs' Opposed Motion for Clarification Regarding Witness Testimony During the Preliminary Injunction Hearing to the extent that the hearing will proceed on a non-evidentiary basis. The preliminary injunction hearing set for October 30, 2023, at 9:30 a.m. is cancelled and will be reset at a a later date. Notices due by 3:00 p.m. on October 27, 2023. Court Reporter: Katharine Healey (JW)
October 18, 2023 Opinion or Order Filing 51 RESPONSE to Motion re #46 MOTION for Clarification re #3 MOTION for Preliminary Injunction filed by Shevaun Harris, Jason Weida. (Attachments: #1 Exhibit A - Transcript)(Bardos, Andy)
October 18, 2023 Opinion or Order Filing 50 NOTICE of hearing on #46 Motion for Clarification. The Motion Hearing is set for 10/20/2023 at 10:00 AM before Judge Marcia Morales Howard. The hearing will be held via Zoom. The Courtroom Deputy Clerk will separately send participants the Zoom link. (MHM)
October 18, 2023 Opinion or Order Filing 49 ORDER granting doc. #18 Plaintiffs' Consent Motion to Proceed Anonymously. Plaintiff Chianne D. and next friend Jennifer V. may proceed by their first name and last initials, and plaintiffs C.D. and A.V. may proceed by their initials. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Laura Lothman Lambert on 10/18/2023. (KAS)
October 16, 2023 Opinion or Order Filing 48 REPLY to Response to Motion re #3 MOTION for Preliminary Injunction filed by C. D., Chianne D., A. V. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 | Second Declaration of Chianne D., #3 Exhibit 2 | Oregon Policy Transmittal)(Grusin, Sarah) Modified text on 10/17/2023 (KME).
October 16, 2023 Opinion or Order Filing 47 REPLY to Response to Motion re #2 MOTION to Certify Class filed by C. D., Chianne D., A. V. (Attachments: #1 Index of Exhibits, #2 Exhibit 1 | Second Declaration of Chianne D., #3 Exhibit 2 | Highlighted Reason Codes)(Grusin, Sarah) Modified text on 10/17/2023 (KME).
October 12, 2023 Opinion or Order Filing 46 MOTION for Clarification re #3 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit Email Communications)(DeBriere, Katherine)
October 11, 2023 Opinion or Order Filing 45 CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Notice regarding mediator due 11/13/2023. Discovery due by 3/29/2024. Dispositive motions due by 4/23/2024. Conduct mediation hearing by 5/21/2024. Final Pretrial Conference set for 9/23/2024 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Bench Trial set for trial term commencing on 10/7/2024 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 10/11/2023. (JW)
October 10, 2023 Opinion or Order Filing 44 CASE MANAGEMENT REPORT. (DeBriere, Katherine)
October 10, 2023 Opinion or Order Filing 43 ENDORSED ORDER granting #42 Plaintiffs' Unopposed, Time-Sensitive Motion for Enlargement of Page Limits. Plaintiffs are permitted to file a ten (10) page reply to Defendants' Response to Plaintiffs' Motion for Class Certification and a fifteen (15) page reply to Defendants' Response to Plaintiffs' Motion for Classwide Preliminary Injunction. Signed by Judge Marcia Morales Howard on 10/10/2023. (JW)
October 9, 2023 Opinion or Order Filing 42 Time Sensitive MOTION to File Excess Pages by All Plaintiffs. (DeBriere, Katherine)
October 9, 2023 Opinion or Order Filing 41 RESPONSE to Motion re #18 Unopposed MOTION for Miscellaneous Relief, specifically to proceed anonymously filed by Shevaun Harris. (Bardos, Andy)
October 6, 2023 Opinion or Order Filing 40 CERTIFICATE of interested persons and corporate disclosure statement by Shevaun Harris. (Bardos, Andy)
October 6, 2023 Opinion or Order Filing 39 RESPONSE to Motion re #3 MOTION for Preliminary Injunction filed by Shevaun Harris, Jason Weida. (Attachments: #1 Exhibit A - Declaration of Karina Sarmiento, #2 Exhibit B - Declaration of Angela Pridgeon, #3 Exhibit C - Declaration of Allison Leo, #4 Exhibit D - Declaration of William Roberts, #5 Exhibit E - Declaration of Kait Zumaeta, #6 Exhibit F - Declaration of Todd Palmer, #7 Exhibit G - Email Correspondence, #8 Exhibit H - Declaration of Laquetta Anderson)(Lukis, Ashley)
October 6, 2023 Opinion or Order Filing 38 RESPONSE to Motion re #2 MOTION to Certify Class filed by Shevaun Harris, Jason Weida. (Attachments: #1 Exhibit - Declaration of William Roberts, #2 Exhibit - Declaration of Karina Sarmiento, #3 Exhibit - Declaration of Kait Zumaeta)(Bardos, Andy)
October 5, 2023 Opinion or Order Filing 37 NOTICE of Appearance by James Timothy Moore on behalf of Shevaun Harris (Moore, James)
October 5, 2023 Opinion or Order Filing 36 NOTICE of Appearance by Ashley Hoffman Lukis on behalf of Shevaun Harris (Lukis, Ashley)
October 5, 2023 Opinion or Order Filing 35 NOTICE of Appearance by Andy Bardos on behalf of Shevaun Harris (Bardos, Andy)
October 2, 2023 Opinion or Order Filing 34 ENDORSED ORDER; on or before October 16, 2023, defendant Shevaun Harris shall file a response indicating whether she objects to doc. #18 Plaintiffs' Consent Motion to Proceed Anonymously. If defendant Harris fails to do so, the Court may treat the motion as unopposed. Signed by Magistrate Judge Laura Lothman Lambert on 10/2/2023. (KAS)
October 2, 2023 Opinion or Order Filing 33 ENDORSED ORDER granting #32 Defendants' Unopposed, Time-Sensitive Motion for Enlargement of Page Limitations. Defendant is permitted to file a 25 page response to Plaintiffs' Motion for Class Certification and a 30 page response to Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Marcia Morales Howard on 10/2/2023. (JW)
September 29, 2023 Opinion or Order Filing 32 Time Sensitive MOTION to File Excess Pages by Shevaun Harris, Jason Weida. (Bardos, Andy)
September 11, 2023 Opinion or Order Filing 31 ORDER regarding #30 Joint Proposed Briefing Schedule. Defendants' responses due by 5:00 p.m. on October 6, 2023. Replies due by 5:00 p.m. on October 16, 2023. Hearing set for October 30, 2023, at 9:30 a.m. Signed by Judge Marcia Morales Howard on 9/11/2023. (JW)
September 8, 2023 Opinion or Order Filing 30 JOINT Proposed Briefing Schedule by C. D., Chianne D., A. V. (DeBriere, Katherine) Modified on 9/11/2023 (LSS). Modified on 9/11/2023 to edit docket text (MDC).
September 8, 2023 Opinion or Order Filing 29 CERTIFICATE of interested persons and corporate disclosure statement by Jason Weida. (Bardos, Andy)
September 6, 2023 Opinion or Order Filing 28 SEALED DOCUMENT Filing the Full Names of Plaintiffs and Next Friends re 26 Order by All Plaintiffs (DeBriere, Katherine).
September 5, 2023 Opinion or Order Filing 27 TRANSCRIPT of Status Conference via Zoom held on 08/29/2023 before Judge Marcia Morales Howard. Court Reporter/Transcriber: Katharine M. Healey, RMR, CRR, FPR-C. Email address: katharinehealey@bellsouth.net. Telephone number: (904) 301-6843. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 9/26/2023. Redacted Transcript Deadline set for 10/6/2023. Release of Transcript Restriction set for 12/4/2023. (KMH)
August 31, 2023 Opinion or Order Filing 26 ENDORSED ORDER: No later than September 8, 2023, counsel for Plaintiffs shall file a notice under seal identifying the full names of the Plaintiffs in this matter. Signed by Judge Marcia Morales Howard on 8/31/2023. (JW)
August 31, 2023 Opinion or Order Filing 25 ORDER granting #14, #15, #16, and #17 Motion for Special Admission for Attorneys Amanda Avery, Martha Jane Perkins, Miriam D. Heard, and Sarah L. Grusin to Appear Pro Hac Vice on behalf of Plaintiffs. Signed by Magistrate Judge Laura Lothman Lambert on 8/31/2023. (NK)
August 30, 2023 Opinion or Order Filing 24 CERTIFICATE of interested persons and corporate disclosure statement by C. D., Chianne D., A. V.. (DeBriere, Katherine)
August 29, 2023 Opinion or Order Filing 23 Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: STATUS CONFERENCE held on 8/29/2023. Court Reporter: Katharine Healey (JW)
August 29, 2023 Opinion or Order Filing 22 NOTICE of Appearance by James Timothy Moore on behalf of Jason Weida (Moore, James)
August 29, 2023 Opinion or Order Filing 21 NOTICE of Appearance by Ashley Hoffman Lukis on behalf of Jason Weida (Lukis, Ashley)
August 29, 2023 Opinion or Order Filing 20 NOTICE of Appearance by Andy Bardos on behalf of Jason Weida (Bardos, Andy)
August 29, 2023 Opinion or Order Filing 19 NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (BD)
August 28, 2023 Opinion or Order Filing 18 Unopposed MOTION for Miscellaneous Relief, specifically to proceed anonymously by All Plaintiffs. (DeBriere, Katherine)
August 28, 2023 Opinion or Order Filing 17 Unopposed MOTION for Sarah L. Grusin to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21195923 for $150 by All Plaintiffs. (Attachments: #1 Supplement Certificate of Good Standing)(DeBriere, Katherine) Motions referred to Magistrate Judge Laura Lothman Lambert.
August 28, 2023 Opinion or Order Filing 16 Unopposed MOTION for Miriam D. Heard to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21195859 for $150 by All Plaintiffs. (Attachments: #1 Supplement Certificate of Good Standing)(DeBriere, Katherine) Motions referred to Magistrate Judge Laura Lothman Lambert.
August 28, 2023 Opinion or Order Filing 15 Unopposed MOTION for Martha Jane Perkins to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21195676 for $150 by All Plaintiffs. (Attachments: #1 Supplement Certificate of Good Standing)(DeBriere, Katherine) Motions referred to Magistrate Judge Laura Lothman Lambert.
August 28, 2023 Opinion or Order Filing 14 Unopposed MOTION for Amanda Avery to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21194852 for $150 by All Plaintiffs. (Attachments: #1 Supplement Certificate of Good Standing)(DeBriere, Katherine) Motions referred to Magistrate Judge Laura Lothman Lambert.
August 28, 2023 Opinion or Order Filing 13 NOTICE of Appearance by Christopher Claudio Torres on behalf of Jason Weida (Torres, Christopher)
August 28, 2023 Opinion or Order Filing 12 NOTICE OF HEARING: Status Conference set for TOMORROW, 8/29/2023 at 10:00 AM before Judge Marcia Morales Howard. The hearing will be held via Zoom. The Courtroom Deputy Clerk will separately send participants the Zoom link. (MHM)
August 24, 2023 Opinion or Order Filing 11 PROOF of service by Chianne D. as to Shevaun Harris (DeBriere, Katherine) Modified to edit docket text on 8/25/2023 (HAI).
August 24, 2023 Opinion or Order Filing 10 PROOF of service by Chianne D. as to Jimmie Patronis (DeBriere, Katherine) Modified to edit docket text on 8/25/2023 (HAI).
August 24, 2023 Opinion or Order Filing 9 PROOF of service by Chianne D. as to Jason Weida (DeBriere, Katherine) Modified to edit docket text on 8/25/2023 (HAI).
August 23, 2023 Opinion or Order Filing 8 SUMMONS issued as to Shevaun Harris, Jason Weida. (RLK)
August 22, 2023 Opinion or Order Filing 7 ORDER taking under advisement #3 Plaintiffs' Motion for Preliminary Injunction and directing Plaintiffs to promptly effect service of process on Defendants. See Order for details. Signed by Judge Marcia Morales Howard on 8/22/2023. (MHM)
August 22, 2023 Opinion or Order Filing 6 NOTICE of Filing Proposed Order on re #3 MOTION for Preliminary Injunction by C. D., Chianne D., A. V. (Attachments: #1 Text of Proposed Order On Plaintiffs' Motion for Preliminary Injunction)(DeBriere, Katherine) Modified text on 8/23/2023 (MCB).
August 22, 2023 Opinion or Order Filing 5 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW)
August 22, 2023 Opinion or Order Filing 4 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Laura Lothman Lambert. New case number: 3:23-cv-985-MMH-LLL. (ARC)
August 22, 2023 Opinion or Order Filing 3 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Appendix of Exhibits, #2 Declaration of Chianne D., #3 Declaration of Jennifer V., #4 Exhibit Kimber Taylor notice, #5 Exhibit G.M. notice, #6 Exhibit L.M.J. notice, #7 Exhibit M.G. notice, #8 Exhibit L.S. notice, #9 Exhibit DCF reason codes list, #10 Exhibit F.M. notice, #11 Exhibit A.H. notice, #12 Declaration of Kimber Taylor, #13 Exhibit DCF template notice of Medicaid ineligibility)(DeBriere, Katherine)
August 22, 2023 Opinion or Order Filing 2 MOTION to Certify Class by All Plaintiffs. (Attachments: #1 Appendix of Exhibits, #2 Exhibit DCF template notice of Medicaid ineligibility, #3 Exhibit DCF template Medically Needy notice, #4 Exhibit DCF reason codes list, #5 Exhibit Declaration of Jennifer V., #6 Exhibit Declaration of Chianne D., #7 Exhibit Kimber Taylor notice, #8 Exhibit L.M.J. notice, #9 Exhibit G.M. notice, #10 Exhibit A.H. notice, #11 Exhibit M.G. notice, #12 Exhibit L.S. notice, #13 Exhibit F.M. notice)(DeBriere, Katherine)
August 22, 2023 Opinion or Order Filing 1 COMPLAINT for Class Action Relief against All Defendants (Filing fee $402 receipt number AFLMDC-21173974) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons for Defendant Jason Weida, in his official capacity as Secretary for the Florida Agency for Health Care Administration, #3 Proposed Summons for Defendant Shevaun Harris, in her official capacity as Secretary for the Department of Children and Families, #4 Proposed Summons for Jimmy Patronis, Chief Financial Officer, Department of Financial Services)(DeBriere, Katherine)

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Search for this case: Chianne D. et al v. Weida et al
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Plaintiff: Chianne D.
Represented By: Katherine DeBriere
Represented By: Amanda Avery
Represented By: Lynn C Hearn
Represented By: Martha Jane Perkins
Represented By: Miriam Harmatz
Represented By: Miriam Heard
Represented By: Sarah Grusin
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Plaintiff: C. D.
Represented By: Katherine DeBriere
Represented By: Amanda Avery
Represented By: Lynn C Hearn
Represented By: Martha Jane Perkins
Represented By: Miriam Harmatz
Represented By: Miriam Heard
Represented By: Sarah Grusin
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Plaintiff: A. V.
Represented By: Katherine DeBriere
Represented By: Amanda Avery
Represented By: Lynn C Hearn
Represented By: Martha Jane Perkins
Represented By: Miriam Harmatz
Represented By: Miriam Heard
Represented By: Sarah Grusin
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Defendant: Jason Weida
Represented By: Andy Bardos
Represented By: Ashley Hoffman Lukis
Represented By: Christopher Claudio Torres
Represented By: James Timothy Moore
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Defendant: Shevaun Harris
Represented By: Andy Bardos
Represented By: Ashley Hoffman Lukis
Represented By: James Timothy Moore
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