HERNANDEZ v. GEO GROUP INC et al
| JUAN HERNANDEZ |
| GEO GROUP, FLORIDA DEPARTMENT OF CORRECTIONS, CENTRUION LLC, CENTURION LLC and WELLPATH LLC |
| 4:2022cv00396 |
| November 7, 2022 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| WILLIAM STAFFORD |
| Prisoner Civil Rights |
| 42 U.S.C. § 1983 Prisoner Civil Rights |
| Both |
Docket Report
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This docket was last retrieved on October 6, 2023. A more recent docket listing may be available from PACER.
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Filing 27
ORDER - Plaintiffs' consented motion for an extension of time, ECF No. #23 , is DENIED as moot. Plaintiff's second consented motion for an extension of time, ECF No. #26 , is GRANTED. The parties have until January 11, 2023, to file their Rule 26 Report following their planning meeting. Plaintiff has until January 31, 2023, to file a response in opposition to the Department's motion to dismiss, ECF No. #25 . Plaintiff must serve newly added Defendant Wellpath, LLC, with the amended complaint and summons no later than March 20, 2023. Defendants GEO Group and Centurion have until January 12, 2023, to file an answer or other response as may be appropriate to the amended complaint, ECF No. #17 . The Clerk of Court shall return this case upon the filing of responses to the amended complaint, the Rule 26 Report, or no later thanJanuary 12, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 1/5/2023. (ckm)
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| Set Deadlines: Rule 26 Meeting Report due by 1/11/2023; Plaintiff response to #25 Motion due by 1/31/2023; CENTURION LLC answer due 1/12/2023; GEO GROUP answer due 1/12/2023; Notify Chambers by 1/12/2023. (ckm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #26 PLAINTIFFS SECOND CONSENTED MOTION FOR EXTENSION OF TIME UP TO AND INCLUDING JANUARY 6, 2023 TO FILE REPORT OF PARTIES PLANNING MEETING. Referred to MARTIN A FITZPATRICK. (amm) |
| Filing 26 PLAINTIFF'S SECOND CONSENTED MOTION FOR EXTENSION OF TIME UP TO AND INCLUDING JANUARY 6, 2023 TO FILE REPORT OF PARTIES PLANNING MEETING by JUAN HERNANDEZ. (MATTOX, MARIE) Modified title on 1/4/2023 (amm). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #25 Motion to Dismiss. Referred to MARTIN A FITZPATRICK. (ckm) |
| Filing 25 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by FLORIDA DEPARTMENT OF CORRECTIONS. (VSEVOLODSKYY, MYKHAYLO) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #22 Notice of Appearance, #24 Summons Returned Executed, #23 Consent MOTION for Extension of Time to File . Referred to MARTIN A FITZPATRICK. (tpm) |
| Filing 24 SUMMONS Returned Executed by JUAN HERNANDEZ. WELLPATH LLC served on 12/22/2022, answer due 1/12/2023. (MATTOX, MARIE) |
| Filing 23 PLAINTIFF'S CONSENTED MOTION FOR EXTENSION OF TIME UP TO AND INCLUDING JANUARY 3, 2023 TO FILE REPORT OF PARTIES PLANNING MEETING by JUAN HERNANDEZ. (MATTOX, MARIE) Modified to match document title on 12/27/2022 (tpm). |
| Filing 22 NOTICE of Appearance by JEFFREY R LAWLEY on behalf of WELLPATH LLC (LAWLEY, JEFFREY) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #21 CENTURION LLC'S CORPORATE DISCLOSURE STATEMENT. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 21 CENTURION LLC'S CORPORATE DISCLOSURE STATEMENT. (GARCIA, CARLOS) Modified to edit title on 12/22/2022 (rcb). |
| Filing 20 Summons Issued as to JUAN HERNANDEZ. (rcb) |
| Filing 19 NOTICE of Filing Summons to be Issued by Clerk by JUAN HERNANDEZ (MATTOX, MARIE) |
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Filing 18
ORDER. Plaintiff must serve newly added Defendant Wellpath, LLC, with the amended complaint and summons no later than March 20, 2023. The Clerk of Court shall correct the docket to reflect that the proper spelling of Defendant Centruion, LLC, is Centurion, LLC. The motion to dismiss filed by the Florida Department of Corrections, ECF No. #7 , is DENIED as moot. The motion to dismiss filed by Defendant GEO Group, Inc., ECF No. #8 , is DENIED as moot. The motion to dismiss filed by Centurion, ECF No. #14 , is DENIED as moot. The parties must file the Rule 26 Report by December 23, 2022. See ECF No. #4 . Defendants GEO Group, the Department of Corrections, and Centurion shall have until January 12, 2023, to file an answer or other response as may be appropriate to the amended complaint, ECF No. #17 . The Clerk of Court shall return this case upon the filing of responses to the amended complaint, proof of service, or no later than January 12, 2023. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/20/2022. (rcb)***Docket amended to reflect Defendant Centruion, LLC, is Centurion, LLC***
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| Set Deadlines- Rule 26 Meeting Report due by 12/23/2022. Notify Chambers/GEO Group, DOC, andCenturion's Answers due by 1/12/2023. Defendant Wellpath, LLC Service Deadline 3/20/2023. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #17 Amended Complaint. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 17 First AMENDED COMPLAINT against Wellpath, LLC, filed by JUAN HERNANDEZ. (MATTOX, MARIE) |
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Filing 16
ORDER. Plaintiff's motion for an extension of time to file an amended complaint, ECF No. #15 , is GRANTED. Plaintiff has until December 16, 2022, to file an amended complaint. Ruling remains DEFERRED on the motions to dismiss filed by Defendants Geo Group, Inc., ECF No. #8 , the Florida Department of Corrections, ECF No. #7 , and Centurion, ECF No. #14 . The Clerk of Court shall return this case upon the filing of Plaintiffs amended complaint or responses to the motions to dismiss, or no later than December 16, 2022. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/12/2022. (rcb)
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| Set Deadlines- Notify Chambers/ Amended Pleadings due by 12/16/2022. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #13 Notice (Other), #14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #12 Notice of Appearance, #15 MOTION for Extension of Time to Amend (Partially consented). Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 15 MOTION for Extension of Time to Amend (Partially consented) by JUAN HERNANDEZ. (MATTOX, MARIE) |
| Filing 14 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CENTRUION LLC. (GARCIA, CARLOS) |
| Filing 13 NOTICE Centurion LLC's Notice of Filing Consent to Removal by CENTRUION LLC re #1 Notice of Removal,, (GARCIA, CARLOS) |
| Filing 12 NOTICE of Appearance by CARLOS ANTONIO GARCIA on behalf of CENTRUION LLC (GARCIA, CARLOS) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #11 PLAINTIFFS NOTICE OF FILING RETURN OF SERVICE. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 11 PLAINTIFFS NOTICE OF FILING RETURN OF SERVICE. (Attachments: #1 Exhibit) (MATTOX, MARIE) Modified to edit title on 12/6/2022 (rcb). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #10 Corporate Disclosure Statement/Certificate of Interested Persons. Referred to MARTIN A FITZPATRICK. (rcb)**Corporate Disclosure Statement not filed by CENTRUION LLC by 11/23/2022** |
| Filing 10 Corporate Disclosure Statement/Certificate of Interested Persons by GEO GROUP. (SEAGLE, SCOTT) |
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Filing 9
ORDER. If there is a basis for Plaintiff to file a motion to remand, any suchmotion must be filed by December 7, 2022. No later than December 5, 2022, Plaintiff must demonstrate that service of process has been carried out on Defendant Centurion, LLC. Ruling is DEFERRED on the motions to dismiss filed by Defendants Geo Group, Inc., ECF No. #8 , and the Florida Department of Corrections, ECF No. #7 . No later than December 5, 2022, Plaintiff must file a response to the pending motions to dismiss, ECF Nos. #7 - #8 . The Clerk of Court shall return this case upon the filing of responses to the motions to dismiss, service documents, a motion to remand, or no later than December 8, 2022. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/17/2022. (rcb)
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| Set Deadlines- Notify Chambers on 12/8/2022. Service of Process Deadline & Response to ECF #7 & #8 - by 12/5/2022. Motions due by 12/7/2022. (rcb) |
| Filing 8 MOTION to Dismiss by GEO GROUP. (Internal deadline for referral to judge if response not filed earlier: 11/30/2022). (SEAGLE, SCOTT) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #7 DEFENDANT'S MOTION TO DISMISS. Referred to MARTIN A FITZPATRICK. (rcb) |
| Filing 7 DEFENDANT'S MOTION TO DISMISS. (Internal deadline for referral to judge if response not filed earlier: 11/29/2022). (Attachments: #1 Exhibit Exhibit A - Declaration) (VSEVOLODSKYY, MYKHAYLO) Modified to edit title on 11/16/2022 (rcb). |
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Filing 6
ORDER. If there is a basis for Plaintiff to file a motion to remand, any such motion must be filed by 12/7/2022. No later than 12/5/2022, Plaintiff must demonstrate that service of process has been carried out on Defendant Centurion, LLC.Defendants Geo Group, Inc., and the Florida Department of Corrections must immediately file a response to the complaint.For clarity, the Clerk of Court shall separately docket the complaint, ECF No. 1-2, on this Court's docket. The Clerk of Court shall return this case upon the filing of an answer or other response to the complaint, the filing of service documents or a motion to remand, or no later than 12/7/2022. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/14/2022. (rcb)** ECF No. 1-2 DOCKETED AS DIRECTED**
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| Filing 5 COMPLAINT against CENTRUION LLC, FLORIDA DEPARTMENT OF CORRECTIONS, GEO GROUP, filed by JUAN HERNANDEZ. (rcb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #1 Notice of Removal, and #2 Civil Cover Sheet. (kjw) |
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Filing 4
INITIAL SCHEDULING ORDER. Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 11/23/2022. Rule 26 Meeting Report due by 12/23/2022. Discovery due by 3/8/2023. Dispositive Motions to be filed by 3/28/2023. Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/09/2022. (rcb)
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| Filing 3 DOCKET ANNOTATION BY COURT: Re #1 Notice of Removal. (rcb)**ISO PLACED IN JUDGE STAFFORD'S REFERRAL FOLDER** |
| Filing 2 CIVIL COVER SHEET. (SEAGLE, SCOTT) |
| Filing 1 NOTICE OF REMOVAL by FLORIDA DEPARTMENT OF CORRECTIONS, THE GEO GROUP INC from Circuit Court, Second Judicial Circuit, Leon County, Florida, case number 2022-CA-001165. ( Filing fee $ 402 receipt number AFLNDC-7551178.), filed by FLORIDA DEPARTMENT OF CORRECTIONS, THE GEO GROUP INC. (Attachments: #1 Exhibit A - CIVIL COVER SHEET, #2 Exhibit B - COMPLAINT, #3 Exhibit C - SUMMONS, #4 Exhibit D - RETURNS OF SERVICE, #5 Exhibit E - UNIFORM ORDER FOR CIVIL CASE MANAGEMENT, #6 Exhibit F - ORDER - NOTICE OF INTENT TO DISMISS) (SEAGLE, SCOTT) |
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