Spell et al v. Well Path Holdings, Inc. et al
| Heather Spell and Carla Joza |
| Well Path Holdings, Inc., Taylor N. Hatch, The David Lawrence Center, Florida Department of Children and Families and Recsol Recovery Solutions, LLC |
| 0:2026cv60913 |
| March 31, 2026 |
| U.S. District Court for the Southern District of Florida |
| Donald M Middlebrooks |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 28, 2026. A more recent docket listing may be available from PACER.
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Filing 40
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING RE #39 Defendants' Recsol Recovery Solutions, LL, Taylor Hatch, and The David Lawrence Center's Motion for Extension of Time. The Motion is partially opposed by Plaintiffs. Given the posture expedited briefing is required. Plaintiffs shall file a Response by June 1, 2026. Signed by Judge Donald M. Middlebrooks on 5/28/2026. (kid)
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| Filing 39 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #22 Amended Complaint/Amended Notice of Removal by Taylor N. Hatch, Recsol Recovery Solutions, LLC, The David Lawrence Center. Responses due by 6/10/2026. (Attachments: #1 Text of Proposed Order Order on Motion to Extend Time)(Lawley, Jeffery) |
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Filing 38
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 10/13/2026., Discovery due by 2/2/2027., Joinder of Parties due by 10/13/2026., In Limine Motions due by 2/16/2027., Dispositive Motions due by 2/16/2027., Motions due by 2/16/2027., Pretrial Stipulation due by 3/20/2027., Jury Trial set for 4/19/2027 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 4/14/2027 01:30 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.). Signed by Magistrate Judge Panayotta D. Augustin-Birch on 5/26/2026. See attached document for full details. (cwc) #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.
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Filing 37
PAPERLESS ORDER CORRECTING TRIAL DATE AND CALENDAR CALL. The trial date in this matter is set for the two-week trial period commencing April 19, 2027, at 9:00 A.M., with a calendar call set for April 14, 2027, at 1:30 P.M. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 5/26/2026. (mdl)
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Filing 36
PAPERLESS ORDER GRANTING IN PART AND DENYING IN PART JOINT MOTION TO MODIFY TRIAL DATE. After hearing from the parties and reviewing the parties' Joint Motion, the Court finds that the parties have demonstrated good cause for a brief extension of the trial date. The trial date is hereby reset in this matter for the two-week trial period commencing April 17, 2027, at 9:00 a.m., with a calendar call set for April 12, 2027, at 1:30 p.m. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 5/26/2026. (mdl)
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| Filing 35 NOTICE of Attorney Appearance by Lori Brooke Lewellen on behalf of Recsol Recovery Solutions, LLC. Attorney Lori Brooke Lewellen added to party Recsol Recovery Solutions, LLC(pty:dft). (Lewellen, Lori) |
| Filing 34 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Panayotta D. Augustin-Birch: Scheduling Conference held on 5/21/2026 via Zoom Video Teleconference. Total time in court: 0 hour(s) : 15 minutes. Attorney Appearance(s): Nicholas John Peter Meros, Drake W. Darrah, Sharon M Caserta, Brittany Shrader, Clara R. Smit, Jeffery Rodman Lawley, Bernadette Marie Gomez. (mdl) |
| Filing 33 NOTICE of Attorney Appearance by Jeffery Rodman Lawley on behalf of Recsol Recovery Solutions, LLC. Attorney Jeffery Rodman Lawley added to party Recsol Recovery Solutions, LLC(pty:dft). (Lawley, Jeffery) |
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Filing 32
ORDER REFERRING MOTION TO MAGISTRATE JUDGE REFERRING DE #31 Joint MOTION Motion to Modify Trial Date filed by Florida Department of Children and Families. Motion referred to Judge Panayotta D. Augustin-Birch. Signed by Judge Donald M. Middlebrooks on 5/19/2026. See attached document for full details. (cwc)
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| Filing 31 Joint MOTION Motion to Modify Trial Date by Florida Department of Children and Families. Responses due by 6/1/2026. (Meros, Nicholas) |
| Filing 30 SUMMONS (Affidavit) Returned Executed on #22 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Heather Spell. Recsol Recovery Solutions, LLC served on 5/14/2026, response/answer due 6/4/2026. (Caserta, Sharon) |
| Filing 29 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by The David Lawrence Center (Gomez, Bernadette) |
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Filing 28
PAPERLESS ORDER granting #24 , #25 , #26 Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Clara R. Smit, Brittany Shrader, and Drake W. Darrah. Signed by Judge Donald M. Middlebrooks on 5/14/2026. (kid)
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| Filing 27 Summons Issued as to Recsol Recovery Solutions, LLC. (cwc) |
| Filing 26 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Drake W. Darrah. Filing Fee $ 250.00 Receipt # AFLSDC-19539494 by Heather Spell. Responses due by 5/27/2026. (Attachments: #1 Text of Proposed Order)(Caserta, Sharon) |
| Filing 25 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Brittany Shrader. Filing Fee $ 250.00 Receipt # AFLSDC-19539452 by Heather Spell. Responses due by 5/27/2026. (Attachments: #1 Text of Proposed Order)(Caserta, Sharon) |
| Filing 24 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Clara R. Smit. Filing Fee $ 250.00 Receipt # AFLSDC-19539375 by Heather Spell. Responses due by 5/27/2026. (Attachments: #1 Text of Proposed Order)(Caserta, Sharon) |
| Filing 23 NOTICE of Filing Proposed Summons(es) to Defendant RECSOL RECOVERY SOLUTIONS,LLC by Heather Spell re #22 Amended Complaint/Amended Notice of Removal filed by Heather Spell (Attachments: #1 Summon(s)) (Caserta, Sharon) |
| Filing 22 AMENDED COMPLAINT against All Defendants, filed by Heather Spell. (Attachments: #1 Exhibit Ex A- DCF Interpreter Form, #2 Exhibit Ex B- DCF Communication Assessment Record)(Caserta, Sharon) |
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Filing 21
PAPERLESS ORDER granting in part #18 Motion for Extension of Time. Defendant The David Lawrence Center renews its request for an extension of time to respond to the Complaint. Defendant seeks an additional 30 days. This is its second motion. I have reviewed the motion and the record, and I find that the good cause standard is adequately met based upon Defendant's representations that the Parties are attempting to negotiate an early and amicable resolution of this case. However I do not find that a full monthlong delay is warranted. I will grant the motion in part and extend the filing deadline by three weeks. Accordingly, the moving Defendant shall respond to the Complaint no later than June 1, 2026. The Parties can, of course, continue to explore their settlement talks as this case moves forward in litigation. Signed by Judge Donald M. Middlebrooks on 5/12/2026. (kid)
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Filing 20
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE. A scheduling conference is set in this matter on May 21, 2026, at 3:15 p.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Videoconference. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. Counsel must appear by both audio and video. Any motion to modify the existing trial date must be filed two business days before the scheduling conference. A motion to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason for modification. The parties are advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. Because of the expedited nature of the scheduling conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any request to continue the scheduling conference must be made by filing a motion that must include at least three alternative dates on which all counsel are available for a rescheduled conference. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 5/12/2026. (mdl)
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Filing 19
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 1/25/2027 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/20/2027 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for Settlement. Signed by Judge Donald M. Middlebrooks on 5/11/2026. See attached document for full details. (cwc) #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.
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| Filing 18 Renewed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by The David Lawrence Center. Responses due by 5/26/2026. (Attachments: #1 Text of Proposed Order Proposed Order on Defendant's Renewed Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint)(Gomez, Bernadette) |
| Set Response/Answer Due Deadline: Florida Department of Children and Families response/answer due 5/25/2026; Taylor N. Hatch response/answer due 5/25/2026. Per DE 17 . (cwc) |
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Filing 17
PAPERLESS ORDER granting in part #16 Defendant Department of Children and Family's ("DCF") Motion for Extension of Time. DCF seeks a 30-day extension of time to file a response to the Complaint. In support, DCF states that counsel was just retained on April 30 and has had intervening court deadlines that prevented counsel's ability to prepare. In further support, DCF states that additional time is needed given that the complaint is 106 pages long and DCF is named in 7 of the 8 claims. Motions to extend litigation deadlines must set forth good cause supported by specific facts. I find good cause for an extension of time, albeit a shorter one. DCF's response to the Complaint shall be filed by May 25, 2026. This Order applies to the moving Defendant only. Signed by Judge Donald M. Middlebrooks on 5/4/2026. (kid)
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Florida Department of Children and Families, Taylor N. Hatch. Attorney Nicholas John Peter Meros added to party Taylor N. Hatch(pty:dft). Responses due by 5/15/2026. (Attachments: #1 Text of Proposed Order)(Meros, Nicholas) |
| Filing 15 NOTICE of Attorney Appearance by Nicholas John Peter Meros on behalf of Florida Department of Children and Families. Attorney Nicholas John Peter Meros added to party Florida Department of Children and Families(pty:dft). (Meros, Nicholas) |
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Filing 14
PAPERLESS ORDER granting in part #13 Defendant The David Lawrence Center's ("DLC") Motion for Extension of Time. DLC seeks a 30-day extension of time to respond to Plaintiff's Complaint, stating only that additional time is needed to "investigate the allegations" and "analyze the Complaint." Motions to extend litigation deadlines must set forth good cause supported by specific facts. The vague and conclusory grounds cited in this motion do not meet this standard. Rather than deny the motion, I will grant a short extension in the interest of expediency because the request is unopposed. Accordingly, DLC must respond to the Complaint no later than May 11, 2026. However, counsel is advised that future motions must be better supported. Finally, I note that this Order applies to the moving Defendant only. Signed by Judge Donald M. Middlebrooks on 4/30/2026. (kid)
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| Set Response/Answer Due Deadline: The David Lawrence Center response/answer due 5/11/2026. Per DE 14 . (cwc) |
| Filing 13 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Complaint re #1 Complaint, by The David Lawrence Center. Responses due by 5/13/2026. (Attachments: #1 Text of Proposed Order Order on Defendant's Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint)(Gomez, Bernadette) |
| Filing 12 NOTICE of Attorney Appearance by Bernadette Marie Gomez on behalf of The David Lawrence Center. Attorney Bernadette Marie Gomez added to party The David Lawrence Center(pty:dft). (Gomez, Bernadette) |
| Filing 11 NOTICE of Attorney Appearance by Frances Paula Allegra on behalf of The David Lawrence Center. Attorney Frances Paula Allegra added to party The David Lawrence Center(pty:dft). (Allegra, Frances) |
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Filing 10
PAPERLESS ORDER granting #9 Plaintiff's Motion for Alternate Scheduling Order. The previous ADA Title III Scheduling Order (DE #3 ) is hereby vacated. Trial will be set by separate order. Signed by Judge Donald M. Middlebrooks on 4/15/2026. (kid)
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| Filing 9 Plaintiff's MOTION Motion for Alternate Scheduling Order re #3 Scheduling Order by Heather Spell. Responses due by 4/28/2026. (Attachments: #1 Text of Proposed Order)(Caserta, Sharon) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Heather Spell. The David Lawrence Center served on 4/9/2026, response/answer due 4/30/2026. (Caserta, Sharon) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Heather Spell. (Caserta, Sharon) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Heather Spell. Taylor N. Hatch served on 4/9/2026, response/answer due 4/30/2026. (Caserta, Sharon) |
| Filing 5 Summons Issued as to Taylor N. Hatch, The David Lawrence Center, Well Path Holdings, Inc.. (ls) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by Heather Spell re #1 Complaint, filed by Heather Spell (Attachments: #1 Summon(s) Proposed Summons for Well Path Holdings, Inc., #2 Summon(s) Proposed Summons to DCF, #3 Summon(s) Proposed Summons to DCF Office of Attorney General, #4 Summon(s) Proposed Summons to The David Lawrence Center) (Caserta, Sharon) |
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Filing 3
VACATED ADA TITLE III SCHEDULING ORDER: Mediation Deadline 7/2/2026. Status Report due by 8/10/2026. Signed by Judge Donald M. Middlebrooks on 4/2/2026. See attached document for full details. (cwc) Per DE 10 Modified Text Vacating on 4/15/2026 (cwc).
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| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (cwc) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19375547, filed by Heather Spell. (Attachments: #1 Exhibit Ex A- DCF Interpreter Form, #2 Exhibit Ex B- DCF Communication Assessment Record, #3 Civil Cover Sheet)(Caserta, Sharon) |
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