Case 4:15-cv-00452-RH-CAS Document 1 Filed 09/16/15 Page 1 of 45

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA
Tallahassee Division

TRACY COPELAND,

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AMADO PARRA, and

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ARCHIE GREEN,

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individually and on behalf

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of a Class of persons

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similarly situated,

)

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Plaintiffs,

)

)

v.

)

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JULIE L. JONES, in her

)

official capacity as Secretary of the

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Florida Department Corrections; and

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CORIZON, LLC, an out of state

)

corporation registered and doing business )

in Florida,

)

)

Defendants.

)

____________________________________)

Case No. Jury Trial Demand

CLASS ACTION COMPLAINT FOR DAMAGES AND INJUNCTIVE RELIEF

Preliminary Statement

1.

The Florida Department of Corrections and its medical contractor Corizon, LLC

have a policy, practice, and custom of not providing needed surgeries to incarcerated people who

suffer from painful hernias, except in emergency circumstances. A hernia is a condition wherein

the abdominal wall weakens or tears, causing other internal tissues (such as intestines) to be

forced through it. Hernias can be extremely painful and debilitating, and if left untreated, can

lead to infection, bowel obstruction, and even death. Despite the fact that surgical repair is the

only way to prevent those negative outcomes, Defendants have a policy of refusing to provide

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hernia surgeries, except in emergency circumstances, for the purpose of reducing costs and

increasing profits. This policy prohibits medical staff from exercising medical judgment and has

resulted in the denial of surgeries to dozens, if not hundreds of hernia patients, leaving them in

severe pain, unable to participate in normal activities, and at risk for serious complications. This

policy and practice causes the wanton infliction of pain and amounts to deliberate indifference to

the serious medical needs of those incarcerated in the FDOC system, in violation of the Eighth

Amendment to the United States Constitution.

Jurisdiction and Venue

2.

Jurisdiction of this Court is invoked pursuant to 28 U.S.C. § 1331 in that this is a

civil action arising under the Constitution of the United States.

3.

Jurisdiction of the Court is invoked pursuant to 28 U.S.C. § 1343(a)(3) in that this

action seeks to redress the deprivation, under color of state law, of rights secured to the Plaintiffs

by the Constitution and laws of the United States.

4.

Plaintiffs’ claims for relief are predicated, in part, upon 42 U.S.C. § 1983, which

authorizes actions to redress the deprivation, under color of state law, of rights, privileges, and

immunities secured by the Constitution and laws of the United States, and upon 42 U.S.C. §

1988, which authorizes the award of attorneys’ fees and costs to prevailing plaintiffs in actions

brought pursuant to 42 U.S.C. § 1983.

5.

Venue is proper in this district pursuant to 28 U.S.C. §1391(b) and § 1391(c), as

Defendants do business in this judicial district and division, and many of the events or omissions

giving rise to the claims occurred in this judicial district and division.

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6.

Plaintiffs seek a preliminary and permanent injunction pursuant to Rule 65,

Federal Rules of Civil Procedure.

Parties

7.

Plaintiff Tracy Copeland is incarcerated in the FDOC system, and was at all

relevant times. He suffers from a painful hernia, a surgeon has recommended surgery, and he

has not received it.

8.

Plaintiff Amado Parra is incarcerated in the FDOC system, and was at all relevant

times. He suffers from a painful hernia but has not been seen by a surgeon.

9.

Plaintiff Archie Green is incarcerated in the FDOC system, and was at all relevant

times. He suffers from a painful hernia but has not been seen by a surgeon.

10. Defendant Julie L. Jones is the Secretary of the Florida Department of Corrections

(FDOC). As such, she is responsible for the overall operation of the FDOC, including the

operation of prison facilities. Defendant Jones has a non-delegable duty to provide

constitutionally adequate medical care to all persons in her custody. She is sued in her official

capacity for injunctive and declaratory relief. Defendant Jones may be referred to herein as the

Florida Department of Corrections or FDOC.

11. Defendant Corizon, LLC (Corizon) is an out-of-state corporation, registered and

doing business in Florida. Since approximately September or October 2013 (depending on the

facility), Corizon has contracted with the FDOC to provide medical and mental health care

services to all persons confined in the majority of FDOC prisons. Corizon has and enforces the

corporate policy and custom regarding hernias described herein. Upon information and belief,

all medical professionals (including doctors and nurses) at the relevant institutions have been

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employed by Corizon since September or October 2013, and were acting within the scope of their employment. Defendant Corizon is sued for injunctive and declaratory relief, and damages.
12. Defendants are responsible for the operation of Utilization Management (UM), the body at the FDOC that approves or denies certain medical care.
13. The actions of the Defendants and their agents were performed under color of state law and constitute state action.
General Factual Allegations Hernias 14. A hernia occurs when an organ or other tissue is forced through a weak spot in the abdominal wall. An inguinal hernia occurs when contents of the abdomen—including intestines and fat—bulge through a tear or weakness in the groin area (where the lower abdomen meets the inner thigh). The tissue may recede back into the abdomen and then bulge out again, depending on the patient’s position and activity. 15. Inguinal hernias are the most common type of hernia. In men, inguinal hernias can cause internal tissue to be forced into the scrotum, pressing on the testicles and causing severe pain. 16. Groin hernias (i.e., inguinal and femoral hernias) are very common—the prevalence of groin hernias has been estimated to be between 5 and 10 percent in the United States, with inguinal hernias accounting for the vast majority. The estimated lifetime risk of developing a groin hernia is about 25 percent in men. 17. Inguinal hernias cause severe pain, which typically worsens with activity or exertion. Routine and necessary activities such as walking, running, lifting, coughing, urinating,
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defecating, and even sitting up can cause the tissue to bulge out of the abdominal wall, causing intense and excruciating pain. Hernias can be so painful that they prevent people from engaging in any activities, forcing patients to be bedridden. Other symptoms of inguinal hernias include weakness, feelings of heaviness, burning, tearing, or aching in the groin; or a swollen or enlarged scrotum. If left untreated, a hernia can lead to serious complications, including the intestines becoming trapped in the scrotum or the abdominal wall, which can lead to bowel obstructions, tissue necrosis, sepsis, the excision of intestines, and even death.
18. There is no connection between the size of the hernia and the amount of pain it produces. That is, smaller hernias can be just as painful, or more so, than larger hernias.
19. A hernia wherein the bulging tissue can be pushed back into place is a reducible hernia. Many times, however, the bulging tissue will become trapped and cannot be pushed back into place—this is a non-reducible or incarcerated hernia. Reducible hernias can be just as painful (or more so) than non-reducible hernias. Many hernias are reducible at times and nonreducible at others. A reducible hernia can become permanently non-reducible and incarcerated at any time.
20. A prisoner with a hernia who is expected to walk and stand in straight lines on the prison compound cannot simply lie down on the ground to push his intestines back into place whenever the hernia bulges out of his abdominal wall.
21. If an incarcerated hernia is untreated, it can become strangulated, meaning the blood supply to the bulging tissue is cut off, causing the tissue to die. This is an emergency situation requiring immediate surgery. Failure to treat a strangulated hernia can lead to severe infection, intestinal obstruction, the excision of intestines, and death.
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22. A hernia is typically diagnosed with a physical exam and patient history. Imaging

tests (such as an X-ray, CT scan, or ultrasound) may be helpful, but these scans may not detect

an abnormality, especially if the bulging tissue is receded into the abdomen during the scan.

Thus, a negative scan does not mean that no hernia is present.

23.

The only treatment for an inguinal hernia is surgical repair. Without surgery, the

tear or weakness in the abdominal wall will never heal, and the patient will continuously suffer

from intense pain, discomfort, and limited activity; as well as the risk of infection, intestinal

obstruction, and death. The risk of developing complications increases as more time elapses

without treatment.

24. Thus, the proper treatment for a hernia begins with referral to a surgeon for a

surgical consultation. The generally accepted medical practice for a patient with a hernia is to

perform surgery if the patient is symptomatic; that is, experiencing pain, an inability to walk, an

inability to work or engage in other normal life activities, or other symptoms.

25. A “hernia belt,” truss, jock strap, or other binding options are not treatment for

hernias. They are often unhelpful, do nothing to treat the condition, and can actually be harmful.

26. The medical standard of care for a patient with a symptomatic hernia is surgical

repair as soon as possible after detection. Basing the decision to perform surgery on whether the

hernia is reducible, irrespective of other symptoms, falls far below accepted medical practice and

the standard of care.

27. Surgery to repair inguinal hernias is one of the most common surgeries performed

in the United States. It is a relatively simple procedure. More than 1 million abdominal wall

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hernia repairs are performed each year in the United States, with inguinal hernia repairs constituting nearly 770,000 of these cases.
28. The classification of a surgery as “elective” has no bearing on whether the condition it will alleviate is a serious medical need. Any procedure that it not an emergency can be classified as elective; this does not mean that failure to perform it will not result in severe pain and other serious complications. FDOC and Corizon’s Unlawful Policy of Denying Hernia Surgeries
29. People incarcerated within the FDOC system are completely dependent upon Defendants to provide them with medical care. Prisoners are not free to seek their own care, even if they can pay for it.
30. In general, the delivery of medical care within the FDOC is supposed to work in the following manner. If a prisoner has a medical issue, he can access sick call, where he usually sees a nurse. The nurse can refer the prisoner for an appointment with the institution physician. If the physician believes a consult with a specialist is needed, the physician can request a consultation. That request is forwarded to Utilization Management (UM) in Tallahassee, which is controlled by Defendants. UM can either approve or deny the request. If the request is approved, the prisoner is sent to the specialist. Then the process repeats itself: If the specialist feels a certain procedure is needed, the specialist submits a consult report to UM requesting the procedure. If approved, the procedure is scheduled at some point in the future.
31. UM is in effect the “gatekeeper” and makes the final determination whether medical care will be provided. UM’s decision is often made by someone who is not a specialist
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in the area at issue, and usually without ever seeing the patient or first consulting with the prison physician.
32. Rather than making decisions based on medical judgment, however, Defendants make health care decisions based on costs, in a way that prevents medical professionals from exercising medical judgment in deciding what treatment to provide and when it should be provided. That decision-making is illustrated by Defendants’ approach to patients with hernias. Specifically, Defendants have a policy, practice, and custom of not providing hernia surgeries to prisoners except in emergency circumstances. One facet of this policy is that Defendants do not provide surgery if the hernia has been reducible at any time, no matter what symptoms (including pain), the patient is experiencing. The “emergency circumstances” exception is narrow and allows surgery only in life-threatening situations, with no regard for the pain or debilitation that the patient is experiencing.
33. Thus, when someone presents with a painful hernia, one of several things happen: The institution physician refuses to submit a consult request for the patient to see a general surgeon for surgical evaluation. Or, the institution physician submits the request, which is then denied by UM. Or, the consult request is granted, but after the surgeon recommends surgery, the surgery is denied by UM. All of these actions are taken pursuant to Defendants’ policy.
34. To make matters worse, every time a patient is seen at sick call, he or she is charged a $5 copayment, regardless of whether treatment is eventually provided.
35. Defendants have enforced this policy, practice, and custom despite knowing that failing to provide these surgeries will lead to prisoners being left in excruciating pain, limited in
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their activities, and at risk for serious complications or death. Defendants have acted with deliberate indifference to the serious medical needs of people incarcerated in the FDOC system. Allegations Regarding Named Plaintiffs
Plaintiff Tracy Copeland 36. Plaintiff Tracy Copeland is incarcerated in the FDOC system, and was at all relevant times. He suffers from a left inguinal hernia that causes him extreme pain. The hernia has descended into his scrotum and is pressing on his testicles, causing terrible pain. He is in pain for the majority of his waking hours, and the pain at its worst is an 8 or 9 out of 10. Sometimes the pain gets so bad that he cannot eat. The portion in his scrotum is roughly the size of a golf ball, and the portion is his abdomen is roughly the size of a tennis ball. He constantly feels like his insides are falling out of his body. The hernia is constantly bulging out while standing. He cannot work out, move about easily, go outside to recreation, or lift anything. He has been reduced to lying in his bunk most of the day. Despite multiple recommendations from a surgeon, Defendants have refused to provide Mr. Copeland with surgery. 37. Mr. Copeland began presenting to the medical department with a left inguinal hernia as early as August 2013, where it was noted in the objective findings that the hernia was descending into his scrotum. 38. In October 2013, Mr. Copeland saw Dr. Osvaldo Contarini, a surgeon at Jacksonville Memorial Hospital. The visit happened at Reception and Medical Center, an FDOC facility in Lake Butler, Florida. Dr. Contarini told Mr. Copeland that it was clear he needed surgery, and recommended that Mr. Copeland receive hernia surgery. Dr. Contarini wrote “Schedule for LIH [left inguinal hernia] repair” on the Consultant’s Report to UM, and a note
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was made in his medical records that the surgery was to be scheduled. However, in November 2013, that surgery was denied by UM pursuant to Defendants’ policy.
39. When Mr. Copeland was seen by medical staff on November 27, 2013, his hernia was not reducible, and was still descending into his scrotum.
40. In December 2013, Mr. Copeland submitted an informal grievance complaining about his lack of hernia surgery. It was denied. He appealed that denial, noting that he was (and is) in constant pain, and needed surgery. It was again denied in January 2014. He appealed that denial to the Defendant Secretary in February, and it was denied in March 2014. In March 2014, Mr. Copeland again saw the medical staff complaining of extreme pain from his hernia. It was again noted that it was nonreducible.
41. In November 2014, Plaintiff Copeland saw Dr. Contarini again. He again recommended surgery, writing “LIH [left inguinal hernia] repair needed ASAP.” In December 2014, this recommendation was denied by UM.
42. In February 2015, Dr. Noel, a physician at Lake Correctional Institution, submitted a consultation request for Mr. Copeland to have another surgical consult. A February 27, 2015 visit with Dr. Mesa confirmed that the hernia was descended into his scrotum and was not reducible when standing. The surgical consult was eventually cancelled.
43. In March 2015, Mr. Copeland saw Dr. Mesa again. He again confirmed that he was in extreme pain and informed her that the hernia belt was not doing anything for him. Nothing was done for him.
44. To this date, Mr. Copeland has been in nearly constant severe pain, and has been unable to engage in normal daily life activities. He cannot stand or walk for very long, and
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cannot exercise, run, or lift anything. He still has not received the surgery that was twice recommended.
Plaintiff Amado Parra 45. Plaintiff Amado Parra is incarcerated in the FDOC system, and was at all relevant times. He suffers from a left inguinal hernia the size of a baseball, which is descending into his scrotum. It causes him constant severe pain, nausea, dizziness, headaches, leg cramps, and lower back pain. The hernia is always bulging out except when he lays down flat and maneuvers it back in, but it takes him a long time to do so. The pain is a 9 on a scale of 1 to 10. He cannot work, exercise, or bend over. He has been reduced to lying in his bed most of the day. When walking around the prison compound, he is forced to physically hold in the hernia with his hand. 46. Defendants have only provided Ibuprofen for Mr. Parra’s pain, which is ineffective and is harmful to his liver. Mr. Parra already suffers from the liver disease Hepatitis C, and thus cannot take Ibuprofen for the long term. Surgery is the only thing that will relieve his pain. 47. Mr. Parra’s hernia first occurred in January 2012. He immediately began complaining to institutional medical staff about the pain and difficulties it was causing him. 48. In January 2013, he immediately reported his painful hernia to Dr. Wilma Padro. In 2013, he also saw medical providers once in March, twice in April, once in October, and twice in November. At each of these appointments he complained of his severe pain and swelling from his hernia, but no treatment was provided. 49. At the March 25, 2013 appointment, the provider noted a hernia that was approximately 2 inches around, which was reducible but continued to bulge out on its own.
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Incredibly, the provider recommended that Mr. Parra use a moist cold pack on the area, which would do nothing to treat the hernia. At the April 1st appointment, he complained that he was experiencing severe pain on a daily basis. At the April 15th appointment, he reported 10 out of 10 pain that was radiating to his testicles. The provider noted, “Left inguinal area visibly large and firm bulge noted.”
50. At the October 23, 2013 appointment, Mr. Parra complained that his hernia had ruptured. The nurse examined him and said that it looked bad, and that she would recommend follow-up with the doctor. At the November 5, 2013 appointment, Dr. V. Machado-Pellot told Mr. Parra that the FDOC had stopped performing hernia surgeries, and that surgery would only be performed in emergency situations, such as when the hernia was irreversibly strangulated and began to turn black and blue. She told him that if that happened, he could lose a few feet of his intestines.
51. In December 2013, frustrated with his complete lack of treatment, Mr. Parra filed a formal grievance requesting surgical evaluation. He fully explained that he had been suffering in pain for a year and that he had accessed sick call 8 times. The grievance was denied by Dr. Machado-Pellot, stating: “You were evaluated on 11/5/13, it was explained to you during your visit that your hernia is reducible and there is no justification to submit a consult for a specialist referral at this time.” On December 17, 2013, Mr. Parra appealed this decision to the Secretary, who denied it in February 2014.
52. Also in December 2013, after he received the first denial of his formal grievance, Mr. Parra initiated another round of grievances concerning his lack of surgical evaluation. They were denied at all levels. In his appeal to the Secretary, Mr. Parra specifically noted the
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absurdity of making him wait in pain and only providing surgery on an emergency basis. The Secretary denied his appeal in April 2014.
53. Since then, Mr. Parra has continued to suffer in pain. The pain has gotten so bad that he suffered from nausea, dizziness, and fainting spells.
54. In September 2014, Mr. Parra filed an informal grievance saying that his elastic waistband was not keeping his hernia in place, and that he was having constant pain and stomach cramps. The response simply told him to access sick call. He dutifully submitted a sick call request, stating, “I am having intense pain in the abdomen area due to a hernia. It is causing me nausea, dizziness, and low blood pressure.” However, at his sick call appointment on September 26, he was told that he would not be receiving surgery.
55. In October 2014, Mr. Parra again filed a formal grievance complaining about this lack of hernia surgery. It was denied. He appealed to the Secretary, who denied it in December 2014. Frustrated at the complete lack of regard for his extreme pain and refusal to provide the one thing that would relieve it, Mr. Parra submitted a response to the Secretary’s denial, stating in part, “I assume you are telling me that the health care staff working for the (FDOC) possess exceptional mental power to determine the exact degree of pain and suffering caused by a protrusion of a body organ through a rupture on the abdominal wall.” The Secretary responded in January 2015, saying that the grievance process should not be used for correspondence.
56. In November 2014, Mr. Parra was seen by medical staff, again complaining of pain and informing the providers that his jock strap was not working to alleviate the pain or keep his hernia in place. It was noted that he had a 5 x 7 cm left inguinal hernia. The provider noted that he should be referred for surgery at some point in the future.
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57. In January 2015, Mr. Parra was seen by medical staff, complaining of his painful hernia. Still in pain in February 2015, Mr. Parra visited sick call to renew his pain medications. Mr. Parra has seen medical providers every few months, each time complaining about the pain, and each time he is told that there is nothing that could be done for him. One time he was told that his hernia was not big enough for surgery to be provided. Another time he was told by the Chief Health Officer that even if the doctor put in a request to see a surgeon, and even if it was approved, Tallahassee would not approve of him seeing a surgeon.
58. Mr. Parra used to work on the inside grounds, doing yard work. He cannot do that job any more, and is forced to be a houseman, cleaning up in the dorm. If he received his surgery, he would be able to work on the inside grounds again.
59. Mr. Parra has still not been referred to a surgeon for a surgical consult, nor has he received hernia surgery. He continues to suffer from terrible pain and debilitation, and remains at risk of further complications, infection, and death.

Plaintiff Archie Green

60.

Plaintiff Archie Green is incarcerated in the FDOC system and was at all

material times. He suffers from a right inguinal hernia that causes him extreme pain and

debilitation. It causes him pain every day that reaches a 7 or 8 out of 10. The hernia is about the

size of a golf ball, and is constantly bulging out, except when he lies flat on his back. He cannot

exercise (which he used to do every day), go outside to recreation, or lift anything. The hernia

causes him to be constipated and hurts badly when he uses the bathroom. He has not seen a

surgeon, despite requests from physicians that he see one.

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61. Mr. Green’s hernia first appeared in April 2013 when he was working on the farm squad at Northwest Florida Reception Center (NWFRC), an FDOC prison facility. He was pulling something when he suddenly felt a terrible tear in his abdomen.
62. In May 2013, Mr. Green presented to sick call with a painful hernia. The nurse wrote that the plan was to refer Mr. Green to the doctor “this WEEK.” (emphasis in original). In June, Mr. Green saw Dr. Skidmore, who decided that Mr. Green needed a surgical consult. She told him that he met all the criteria for surgery. She submitted a consult request form, noting that the hernia was approximately 8 cm in diameter and that Mr. Green was experiencing 8 of out 10 pain. UM denied this surgical consult request in July.
63. But Mr. Green was not told of this decision. In August 2013, Mr. Green filed a request asking how much longer it would be until he got his surgery, and noting that he remained in a lot of pain. In September he was finally told that his surgery was denied. He immediately filed a grievance asking to be reevaluated. It was denied.
64. On October 8, 2013, still in extreme pain, he accessed sick call. It was noted that the hernia was reducible but at times difficult to reduce. On October 14, the doctor denied surgery, writing that Mr. Green did not qualify for further surgical intervention. Plaintiff Green immediately filed a formal grievance in October requesting further treatment. It was denied in November 2013. Mr. Green continued to access sick call, complaining about his lack of treatment and severe pain, but he was told by the nurse that he would not be receiving surgery. Mr. Green appealed the denial of his grievance to the Secretary, but that appeal was finally denied in January 2014.
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65. Despite this, Mr. Green continued to attempt to receive treatment. He saw medical staff on January 16, 2014, complaining of pain and requesting surgery. In February 2014, he complained of hernia pain to medical staff.
66. In June 2014, Mr. Green saw Dr. Mesa, and presented with a hernia. He informed her of the severe pain it was causing him. Rather than provide him with actual treatment, Dr. Mesa simply instructed him to wear a hernia belt and did not refer him for a surgical consult.
67. On January 12 and 26, 2015, Mr. Green submitted separate sick call requests, again complaining of hernia pain. He noted that his hernia belt had been taken away.
68. On February 3, 2015, Mr. Green submitted a sick call request seeking renewal of his passes and medication, noting that he was “in a lot of pain from hernia[,] it getting unbearable[,] please help.” No help was provided.
69. On February 12, 2015, Mr. Green was again seen by Dr. Mesa and complained about his severe hernia pain. She noted an “obvious protrusion” when he was standing. Despite the fact that Mr. Green told her that the hernia belt actually caused him more pain, she simply instructed him to wear a hernia belt. She did not refer him for a surgical evaluation.
70. In February 2015, Mr. Green submitted a sick call request seeking a renewal of pain medications, noting that they were not helping with his hernia pain. In March 2015, Mr. Green submitted a sick call request, seeking renewal of his pain medications because of the severe pain caused by his hernia. The only medications he has been given is Ibuprofen, which he cannot take because he has Hepatitis C, which has compromised his liver. Ibuprofen can be toxic to someone with liver problems.
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71. Despite complaining of severe debilitating pain for over two years and a physician’s recommendation that he receive a surgical consult, Mr. Green has still not seen a surgeon or received surgery. He continues to suffer from extreme pain and debilitation, as well as an increased risk of further complications, infection, and death.
72. All Plaintiffs have exhausted all available administrative remedies. Other Examples of Defendants’ Failure to Provide Hernia Surgeries
73. Because of Defendants’ policy, practice, and custom of not providing medically needed hernia surgeries, numerous people incarcerated in the FDOC system have not received surgery and have been left in extreme pain and at risk for severe complications. Several examples follow. Patients Who Were Recommended for Surgery But Did Not Receive It
74. Some patients have been seen by a surgeon for a surgical consultation. Despite the fact that the surgeon recommended surgery, Defendants refused to allow the surgeries to occur. Some examples follow.
Daniel Papineau 75. Daniel Papineau is incarcerated in the FDOC system, and was at all relevant times. He suffers from three ventral hernias which cause him constant excruciating pain and constipation. One hernia is the size of a football, one is the size of a grapefruit, and one is the size of a hand ball. Mr. Papineau is in constant extreme pain that ranks an 8 on a scale of 10. The pain sometimes brings him to tears. He cannot defecate without pain, and he must physically hold his stomach in with his hands when he does so. His pain is so bad that he can rarely even sit up or get out of bed. The hernias are causing him to have bowel issues and he
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must take a stool softener to allow stool to pass safely through his intestines. He cannot walk or exercise like he used to, or do anything that requires activity.
76. A ventral hernia is the same as an inguinal hernia, but located higher in the abdomen. Ventral hernias are frequently the result of incisional hernias, which is when internal tissue bulges through a previous incision.
77. In June 2012, Mr. Papineau had a series of abdominal surgeries. As a result of those surgeries, he developed three ventral hernias in his abdominal area. He reported them as soon as he could after they emerged, in July 2012.
78. In January 2013, Dr. M. Hernandez, the Chief Health Officer for Cross City Correctional Institution, examined Mr. Papineau and diagnosed two large hernias. Dr. Hernandez decided that Mr. Papineau needed a surgical evaluation, and submitted a request for one. The evaluation did not happen until April, when Mr. Papineau saw Dr. Contarini, a surgeon, who recommended surgery pending clearance by a cardiologist. Mr. Papineau even signed a form consenting to the surgery. A cardiologist, Dr. Salman, cleared Mr. Papineau for hernia repair surgery in June 2013. In July, Dr. Contarini again recommended surgery, and the request was submitted to UM. In August the surgery was denied, stating, “Per Physician Advisor—Request does not meet criteria.”
79. In August 2013, Mr. Papineau was seen by Dr. M. De La Cerna. Dr. De La Cerna disagreed with UM’s decision not to approve surgery and submitted another request for surgical consult. It was denied in September.
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80. In September 2013, Plaintiff Papineau filed a grievance requesting surgery. It was denied. He appealed to the Secretary, who upheld the denial and again refused to allow Mr. Papineau to have his needed surgery.
81. In November 2013, Dr. Gonzalez noted in the medical records that Mr. Papineau needed a surgical consult. Still nothing happened, and in January 2014 yet another surgical consult was requested by Dr. Quinones, a doctor at Reception and Medical Center (RMC), the FDOC hospital/prison facility in Lake Butler, Florida. That request was yet again denied by UM despite Dr. Contarini’s multiple recommendations.
82. In May and June of 2014, Mr. Papineau saw two separate providers who both noted that he had painful hernias, and that Mr. Papineau was unable to walk very much because of them. In June, Mr. Papineau saw Dr. Tosado, who noted all of Mr. Papineau’s hernia complaints. She again recommended a surgical consult. The consult was denied in July 2014.
83. Mr. Papineau has still not received his recommended hernia surgery. He continues to suffer from terrible pain and debilitation, and remains at risk of hernia strangulation, infection, and death.
Gary Johnson 84. Gary Johnson is incarcerated in the FDOC system, and was at all relevant times. He suffers from an inguinal hernia that causes him extreme pain and debilitation. The hernia is the size of a baseball (and has gotten bigger over time), and has descended into his scrotum and is pressing on his testicles. It constantly bulges out when standing, and only reduces when he lies down flat. He is in constant pain when standing, with the pain typically being an 8 out of 10. He is also in pain many times when sitting or lying down, and the pain is so bad sometimes that
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it keeps him up at night. The hernia causes him nausea, constipation, and pain when using the bathroom, such that he must take laxatives. He cannot run, exercise, lift, climb to a top bunk, or walk long distances. Sometimes he must sit down if he’s been standing in the chow line for too long.
85. The hernia first appeared several years ago. Over the years, he has visited sick call numerous times complaining of all the above symptoms, but no treatment was provided to him other than a hernia belt, which does nothing for him. He also filed several grievances requesting further treatment, which were all denied.
86. In August 2014, he was transferred to Cross City Correctional Institution, where he continued to voice complaints about his condition. At some point in the first few months of 2015, he saw an institutional physician, who recognized that he needed surgery, and referred Mr. Johnson for a surgical consult. That consult was approved, and Mr. Johnson saw Dr. Contarini, the surgeon, in approximately May 2015. Dr. Contarini recommended that Mr. Johnson have surgery, and told Mr. Johnson that it would be scheduled shortly.
87. However, when Mr. Johnson returned to Cross City, he was told that his surgery had been disapproved by Tallahassee, and was cancelled. The doctor informed him that he wanted for Mr. Johnson to have the surgery, but that Defendants would only provide surgery if the hernia was life-threatening.
88. To date, Mr. Johnson has still not received the surgery that was recommended, and remains in severe pain, unable to engage in normal activities, and at risk for serious complications.
Jerry Haliburton
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89.

Jerry Haliburton is incarcerated in the FDOC system, and was at all relevant

times. He suffered from bilateral inguinal hernias that caused him extreme pain and debilitation,

until his attorney intervened on his behalf. The hernias had descended into his scrotum, were

pushing on his testicle, and produced 10 out of 10 pain. One of the hernias was the size of the

cantaloupe. The pain was so bad that he was reduced to lying in bed most of the time. The pain

would cause him to vomit, and defecating was extremely painful.

90. In July 2013, Mr. Haliburton saw Dr. Contarini at RMC. Dr. Contarini diagnosed

bilateral hernias, recommended surgery, and noted that the hernias were “hard to reduce.” The

surgery was scheduled, and Mr. Haliburton had a pre-surgery checkup with Dr. Aviles on

September 18, 2013. Dr. Aviles noted that the plan was “BIH [bilateral inguinal hernia] repair.”

91. That surgery, however, did not happen. In September 2013, Corizon took over

the provision of medical care at the institution where Mr. Haliburton was housed. In December

2013, Plaintiff Haliburton presented with such severe hernia pain that it was recommended that

he stay in the infirmary. Another consult request was submitted marked “urgent.” That request

was denied in January 2014 by Dr. Lafontant.

92. Mr. Haliburton continued to experience pain and difficulties. In November 2014,

he accessed sick call because his hernia was making it difficult to urinate and defecate. In

December 2014, a nurse recommended that the physician follow up with Mr. Haliburton for his

hernia pain and difficulties.

93. In February 2015, Mr. Haliburton reported to the doctor that the hernia pain was

so bad, it was causing him to vomit. The doctor ignored those reports, and merely reported that

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the hernia was reducible. In March, Mr. Haliburton again accessed sick call because of his tremendous pain.
94. In April 2015, Mr. Haliburton filed a grievance stating that he had been approved for surgery, but that it was cancelled. He stated, “This pain is killing me I need help.” The grievance was denied, stating that the denial of surgery had already been discussed with him. He appealed the denial, stating that no one had ever explained to him that his surgery had been denied, and again requested surgery. That appeal was denied in May 2015, stating that in part, “You will continue to be followed in your chronic clinic and have the option of declaring a medical emergency if necessary.”
95. Mr. Haliburton is on close custody. Whenever he is taken from his cell it is in leg irons, waist chains, handcuffs and a black box. Even under normal circumstances and without a need for hernia surgery, it is very difficult to walk any distance. Mr. Haliburton has had difficulty meeting with his attorneys, because he cannot walk down the hall due to his severe pain. Defendants’ failure to provide him with hernia surgery is affecting Mr. Haliburton’s access to courts at a most critical time.
96. At some point, Mr. Haliburton’s attorney intervened on his behalf, contacting the Secretary’s office and requesting that Mr. Haliburton receive the proper treatment. Finally, Mr. Haliburton received his necessary surgery in July 2015, after suffering in extreme pain for over two years.
Raymond Senterfitt
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97. Raymond Senterfitt is incarcerated in the FDOC system, and was at all relevant times. He suffered from a painful inguinal hernia until his attorneys intervened to demand treatment.
98. On or about December 27, 2012, Mr. Senterfitt was pushing a food cart when he felt a sharp pain in his right inguinal area. He was in so much pain that he declared a medical emergency. He was seen by Dr. J. Aviles, and diagnosed with a right inguinal hernia.
99. Over the course of the next thirteen months, Mr. Senterfitt suffered excruciating pain due to his hernia and was often bed-ridden and had difficulty completing basic daily tasks like walking and using the restroom. He was unable to work in food service despite the desire for doing so. He utilized sick call protocol on numerous occasions, in an attempt to gain relief from his pain, to no avail.
100. In February 2013, a physician approved a surgical consultation for Mr. Senterfitt to see a surgeon. In March, Mr. Senterfitt saw the surgeon, who recommended and scheduled surgery. However, Dr. Steven Harris, the Physician Advisor for UM, denied Mr. Senterfitt’s surgery. Mr. Senterfitt tried again in June 2013, accessing sick call for the hernia that was causing him intense pain, and requesting surgery. During this visit, he was told by a doctor at Union CI that “Tallahassee” would not approve his surgery “unless he is dying.” His appeal to the Secretary was denied.
101. Mr. Senterfitt filed multiple unsuccessful grievances over a period of months that described his intense pain, declining health, and his immediate need for corrective surgery. On October 23, 2013, in a grievance to the head medical staff member at Union Correctional Institution, Mr. Senterfitt again begged to have a surgery consult because he was in constant pain
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and expressed his fears that he would lose the ability to walk if his hernia remained untreated. On October 29, 2013, a nurse told him that he would need to “lawyer up” if he wanted surgery.
102. In November 2013, Mr. Senterfitt wrote a grievance to Dr. Aviles to express his frustration regarding his pain and the lack of response from UCI medical staff. The response to this grievance and nearly all others ignored his concerns and contained the same standard language, “you have the option of addressing this issue through sick call procedures.”
103. In January 2014, Mr. Senterfitt saw Dr. Lafontant. Rather than examine Mr. Senterfitt’s condition, he simply stated there was nothing he could do and recommended that he use Ibuprofen and “work out” to remedy his condition. Mr. Senterfitt filed yet another grievance, explaining that his hernia was “three times worse than before” and that he was having trouble using the restroom, as a result of the hernia. Dr. Lafontant denied the request.
104. Three months later, Mr. Senterfitt again presented with intense pain that he rated as a nine out of ten and complained that his intestines were “dropping out.” His hands were shaking from the intense pain but medical staff simply advised him to “relax and take deep breaths.”
105. In November 2014, Mr. Senterfitt had a medical emergency wherein the hernia would not recede into his abdomen. Surgery was again requested, and again denied in December 2014.
106. Mr. Senterfitt was forced to retain counsel, who sent a letter in December 2014 demanding that surgery be provided. On January 6, 2015, in response to the letter, Corizon doctors examined Mr. Senterfitt. On January 13, 2015, the surgery was approved. The surgery
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was performed on February 10, 2015, after being forced to suffer in excruciating pain for over two years, and only after counsel intervened. Patients Who Have Not Received a Surgical Consultation
107. Defendants have refused to allow many patients to be seen by a surgeon for a surgical consult, despite the clear need to do so. Many of them have been recommended for consultations by institutional physicians, which have then been denied by UM. Some examples follow.
Darious Wilcox 108. Darious Wilcox is incarcerated in the FDOC system and was at all relevant times. He suffers from a left inguinal hernia that has descended into his scrotum. The tissue bulge does not stay in his abdomen and continuously pushes out, mostly when he tries to move. It causes him severe pain, most of the time a 7 or 8 out of 10. He cannot walk, move, cough, or defecate without severe pain. He has been reduced to lying in his bed all day. 109. In July 2013, Mr. Wilcox utilized sick call to seek relief for his hernia pain. He told Florida State Prison nurse L. Wilkerson that he had a hernia and was in pain. No treatment was provided to him at that time. 110. On August 29, 2013, Mr. Wilcox submitted inmate request forms, requesting treatment for his severe hernia pain. He inquired as to why he had not yet been referred to a doctor, and complained that his hernia had descended into his scrotum. On August 30, 2013, Mr. Wilcox filed another grievance seeking treatment for his hernia. His grievance was denied on September 10, 2013, stating that his hernia was “reducible” and “does not appear strangulated.”
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111. On September 23, 2013, Mr. Wilcox utilized sick call to again attempt to get treatment for his hernia. No surgery was provided. Rather, Dr. Hoang noted in his medical records: “I/M [inmate] wants right away surgery. Tallahassee: when hernia is reducible → NO surgery.”
112. At some point Dr. Hoang told him that normally he would have referred Mr. Wilcox to a surgeon, but Corizon—who was just taking over responsibility for medical care— had a new policy that would not allow Mr. Wilcox to be referred to a surgeon. When Mr. Wilcox attempted to ask questions about this new policy, Dr. Hoang told him to get out, and called in a prison guard to escort Mr. Wilcox out.
113. On September 27, 2013, Mr. Wilcox filed a grievance explaining the severity of his hernia. He explained that his prescribed health passes do not help remedy his hernia pain. It was denied in October 2013. Mr. Wilcox appealed that decision to the Secretary, requesting treatment and an explanation for medical staff’s continued indifference to his medical needs. Mr. Wilcox detailed sharp, debilitating pain throughout his stomach and intestines, as well as difficulty defecating. He received no response.
114. After more than five months, Mr. Wilcox filed another appeal to the Secretary requesting a response to his October 29, 2013 appeal. On April 15, 2014, his request was denied.
115. He has not sought medical treatment for his hernia since then, because he has been threatened by medical and security staff with retaliation if he continued to complain.
116. Mr. Wilcox is on close custody. Whenever he is taken from his cell it is in leg irons, waist chains, handcuffs and a black box. Even under normal circumstances and without a need for hernia surgery, it is very difficult to walk any distance. Mr. Wilcox has several times
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been unable to attend important legal visits with his lawyer, because he cannot walk down the hall due to his severe pain. Defendants’ failure to provide him with hernia surgery is affecting Mr. Wilcox’s access to courts at a most critical time.
117. Mr. Wilcox has still not received his surgery, and continues to suffer from severe pain and debilitation, and remains at risk of infection, bowel obstruction, and death.
Cires Gomes 118. Cires Gomes is incarcerated in the FDOC system and was at all material times. He suffers from a right inguinal hernia that has descended into his scrotum and causes him extreme pain and debilitation. This hernia is the size of a baseball, and hurts constantly, every day. At its worst, the pain is an 8 on a scale of 10. He cannot urinate or defecate without great pain. The hernia is almost always bulging out, and he must lie down flat to try to manipulate it back into place, although that is difficult. As soon as he sits up, it bulges out again. He cannot exercise, and is losing his appetite because he experiences stomach pain and vomiting after eating. 119. The hernia first appeared in 2012 when Mr. Gomes was incarcerated at Hamilton Correctional Institution. Mr. Gomes complained to medical staff but he was told that he would not be receiving surgery. In July 2013, Mr. Gomes saw institutional physician Dr. Feliz and was diagnosed with a right inguinal hernia. Dr. Feliz told him that surgery was needed, but nothing was done for him at that time. When he complained of his symptoms again in September 2013, he was told to access sick call. 120. In October 2013, Mr. Gomes filed a grievance asking to see a doctor about his hernia. It was denied. On October 30, he accessed sick call and again complained about his
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hernia pain, and requested surgery. It was not provided. In November 2013, he filed another informal grievance asking for a doctor’s appointment about his hernia. It was again denied. Over the next several months, he continuously suffered and complained about his severe hernia pain, but was not provided with adequate treatment.
121. In November 2014, he again accessed sick call for his hernia pain. The provider noted that the hernia was at times reducible. He again saw the medical staff in January 2015 because of his hernia pain. In February 2015, he filed a sick call request, again asking for surgery. He did not receive surgery.
122. On February 20, 2015, Mr. Gomes declared a medical emergency, saying that was in “excruciating pain” from his hernia, but ARNP Lowery wrote that there was no indication that surgery was needed. On February 25, 2015, Gomes saw Dr. Vilchez, who noted that he had a “baseball size” hernia that had gotten worse over the past three years. Dr. Vilchez told Mr. Gomes that he needs surgery, and wrote that he planned to get a surgical consult.
123. The next day, Mr. Gomes filed a grievance again requesting surgery. The grievance was denied. Staff noted on the denial that they recognized that this was frustrating, but medical staff at the institution did not get to decide who gets surgery. Mr. Gomes appealed that denial, reiterating that he could not eat, urinate, or defecate without great pain. The appeal was returned without action on April 9, 2015.
124. On April 20, 2015, he was seen in urgent care for hernia pain and because he could not push the hernia bulge back into place. The next day he was seen by medical staff, and the provider wrote, “does not meet criteria for surgery.”
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125. Mr. Gomes has still not been referred to a surgeon for a surgical consult, nor has he received hernia surgery. He continues to suffer from terrible pain and debilitation, and remains at risk of strangulation, infection, and death.
Billy Wilson 126. Billy Wilson is incarcerated in the FDOC system and was at all relevant times. He currently suffers from three hernias: a right inguinal hernia the size of a handball, one in the middle of his abdomen running 8 or 9 inches from the bottom of his sternum, and a third umbilical hernia in the middle of his stomach. A fourth hernia in his left inguinal area is also starting to emerge. They cause him tremendous pain and debilitation every single day. The pain reaches an 8 or 9 on a scale of 10, and is always at least a 5. The hernias continuously bulge out, even when sitting, and he constantly has to manipulate them back in. He walks with difficulty, and when he does he must constantly hold his inguinal area to keep the hernia from bulging out. 127. In December 2012, he reported the problem at sick call. In December 2013, he saw Dr. Ho in the medical department, again complaining about his hernia. Over the next year, Mr. Wilson continued to complain to medical staff about his hernia symptoms. In September 2014, he had a medical appointment with a nurse, reporting 7 out of 10 pain, diarrhea, decreased appetite, and nausea. At a subsequent appointment that month with Dr. Ho, Mr. Wilson again complained of pain, blood in his stool and urine, and weight loss. Dr. Ho noted that he had multiple scars bulging with hernia masses, but refused to order a surgical consult. In fact, Dr. Ho told him that he would have to live with his condition for the rest of his sentence.
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128. In November 2014, Mr. Wilson filed an informal grievance requesting hernia surgery, stating, “I am perforated in three places with my guts poking out of me… I need surgery!” The grievance was denied. Mr. Wilson appealed it, noting “I’m in pain every waking hour of the day.” His appeal was denied.
129. In December 2014, Mr. Wilson had another medical appointment where he requested surgery. The nurse refused to refer Mr. Wilson to a doctor for surgery, ignoring his complaints of severe pain.
130. In April 2015, Mr. Wilson accessed sick call where he again reported constant 8 out of 10 pain, nausea, and pain after eating. In May it was noted that the bulging of the hernia was frequent and had to be manipulated back in often. Mr. Wilson again complained of severe hernia pain at a June 2015 medical appointment.
131. Mr. Wilson has still not seen a surgeon or received surgery. He continues to suffer from extreme pain and debilitation, and increased risk of further complications, infection, and death.
Daniel Ozella 132. Daniel Ozella is incarcerated in the FDOC system, and was at all relevant times. He suffers from a painful umbilical hernia. It is located to the side of his navel, and is always bulged out. He can push it back in, but it immediately pops back out again. He has to physically hold it in when having a bowel movement to lessen the pain and avoid a feeling that his insides are going to explode. He cannot do the exercises he used to do, such as pushups or pull-ups, and has trouble climbing to the top bunk.
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133. The hernia first appeared in 2012. By the summer of 2013, it had gotten worse, and Mr. Ozella mentioned it at a routine physical. He was told that he would have to access sick call to discuss the issue.
134. In June 2014, Mr. Ozella went to sick call and told the nurse he had a painful hernia. He also asked for a low bunk pass. Nothing happened following that sick call encounter.
135. In September 2014, he submitted a sick call request, asking to see a doctor about his hernia. In October, Dr. Noel diagnosed him with an umbilical hernia. But no treatment was provided. So, also in October, Mr. Ozella submitted a formal grievance explaining his diagnosis and asking about the low bunk pass he had requested months earlier. It was denied without explanation, merely reciting that he had been examined by a physician who had denied his low bunk pass.
136. Still in pain, Mr. Ozella filed a formal grievance in March 2015 seeking referral to a hernia specialist for a surgical evaluation. In the grievance he preemptively stated that he had already visited sick call to no avail. Nonetheless, the grievance was denied, advising him to utilize sick call. The denial also noted that he was scheduled to see a physician soon in the chronic illness clinic. That clinic (which Mr. Ozella pointed out in his appeal) is for a cardiovascular condition that has nothing to do with his hernia.
137. Mr. Ozella appealed to the Secretary on March 21, and on March 31 he was unexpectedly called out to see Dr. Mesa, a Corizon physician. He showed her his hernia and showed how he could push the bulge in an out of his abdominal wall. The nurse recognized it as an umbilical hernia, but Dr. Mesa disregarded it, claiming it was only an “outie.” Dr. Mesa refused to do anything for Mr. Ozella. His appeal to the Secretary was denied in April 2015.
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138. Mr. Ozella has still not been referred to a surgeon for a surgical consult, nor has he received hernia surgery. He continues to suffer from pain and debilitation, and remains at risk of strangulation, infection, and death.
Bobby Roberts 139. Bobby Roberts is incarcerated in the FDOC system and was at all relevant times. He suffers from a painful right inguinal hernia that causes him intense pain every day, and makes it difficult to walk, eat, and talk. 140. He first reported the hernia to medical staff in May 2012, where the doctor assessed him with a hernia. 141. By September 2012, when Mr. Roberts was again seen by medical staff for the painful hernia, it was the size of a golf ball. In November 2013, Mr. Roberts was reporting at least 7 out of 10 pain at sick call. When he saw Dr. Profet that month, Mr. Roberts reported how he was always in severe pain, and that at times he couldn’t walk, talk, or eat. He begged to be referred to a specialist. Dr. Profet became angry and told him something to the effect of, You’re the inmate and I’m the doctor, I don’t work for you, I work for the ones who provide my paychecks. Dr. Profet did not refer Mr. Roberts for a surgical consultation. 142. In February 2014, Mr. Roberts again reported to sick call with intense pain. Dr. Mayo assessed him with a right inguinal hernia, but refused to refer him for a surgical consultation. Mr. Roberts reported to sick call numerous times, including in February, March, and April. At his April 2014 appointment, it was noted in his chart that surgery was denied. 143. In April 2014, Mr. Roberts filed a formal grievance seeking hernia surgery. It was denied. He appealed to the Secretary, and it was denied on July 8, 2014.
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144. Mr. Roberts continued to submit sick call requests, and saw Dr. Allen on May 5, 2014, complaining of severe pain. Dr. Allen merely told him to declare a medical emergency if the pain didn’t subside.
145. In June 2014, Mr. Roberts filed another formal grievance seeking hernia surgery. It was denied. He appealed to the Secretary, and it was denied on August 7, 2014. In April, 2014, he filed another grievance, seeking to correct the name of the doctor he wrote in the previous set of grievances. It was returned without processing.
146. Mr. Roberts has still not seen a surgeon for a surgical consultation or received surgery, and continues to suffer from severe pain and debilitation, and remains at risk of infection, bowel obstruction, and death.
Larry Hollingsworth 147. Larry Hollingsworth is incarcerated in the FDOC system, and was at all relevant times. He suffered from a painful inguinal hernia until his attorneys intervened to demand treatment. 148. His hernia first appeared in August 2008. It was the size of a baseball and continuously caused him severe pain. Mr. Hollingsworth continued to complain to medical staff and file grievances about this issue, but nothing was done for him. In 2010, he was transferred to Lake Correctional Institution, at which point his hernia was the size of a baseball. 149. Institutional physicians submitted four separate requests for surgical consultations, but all four were denied by UM. 150. Finally, Mr. Hollingsworth’s attorney sent a demand letter in August 2013, demanding that Mr. Hollingsworth receive a surgical consultation, and eventual surgery. Within
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three weeks, Mr. Hollingsworth saw a surgeon, who recommended surgery, and it was performed several weeks later.
Jonathan Plotnick 151. Jonathan Plotnick, another person incarcerated in the FDOC system, had a similar experience. In May 2013, he was diagnosed with an inguinal hernia that was causing him extreme pain. He began to write grievances in which he requested more relief for his painful hernias. All of his requests were denied. All grievance appeals were denied. 152. In August of 2013, Dr. Ta told Mr. Plotnick that he indeed needed surgery but that he could not grant the surgery because of the State’s money shortage issues. 153. Mr. Plotnick filed multiple unsuccessful grievances over a period of months that expressed his intense pain, declining health, and his immediate need for corrective surgery. On December 20, 2013, in a grievance Mr. Plotnick again begged to have a surgery consult because he was in constant pain and could not “do anything at all … no exercise, walking, laps, or anything.” Defendant Corizon’s attorney was also requested in December 2013 to intercede on behalf of the Mr. Plotnick to arrange for hernia surgery, all to no avail. 154. Mr. Plotnick continued to file grievances requesting a surgical consult, which were all denied. 155. In July 2014, Mr. Plotnick was forced to file suit against the FDOC, Corizon, and Dr. Virginia Mesa. He requested a preliminary injunction ordering Corizon and the FDOC to provide him with a surgical consult, and then surgery. An evidentiary hearing was held on September 9, 2014. At the conclusion of the hearing, Corizon’s representative finally agreed to
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have Mr. Plotnick seen by a surgeon. Mr. Plotnick saw a surgeon, who recommended surgery, and it was performed shortly thereafter.
156. Mr. Plotnick settled his case against Corizon, FDOC, and Dr. Mesa for substantial damages and attorneys’ fees.
Bradley Hurley 157. Bradley Hurley was incarcerated in the FDOC system at all relevant times, and was recently released. He suffers from a painful inguinal hernia. Sometimes the pain reaches levels he would describe as 8 or 9 out of 10. When he arrived in FDOC custody in July 2012, he informed medical staff of his hernia. On October 15, 2012, he was seen by Dr. Medina, who diagnosed the hernia and prescribed Ibuprofen. Dr. Medina informed Mr. Hurley that he would not be recommended for any type of corrective surgery or treatment for his hernia. 158. On October 24, 2012, Mr. Hurley filed a formal grievance asking to be referred to a specialist for his hernia. It was denied, stating he did not meet medical criteria to be sent to a specialist. 159. In December 2012, Mr. Hurley accessed sick call complaining of “emergency pain.” His hernia had ruptured on the job and was causing him extreme pain and discomfort. On December 12, he saw Dr. Dieguez, who diagnosed Mr. Hurley with a hernia the size of a plum and requested surgery “ASAP.” However, on January 24, 2013, Mr. Hurley was informed by Dr. Medina that his surgery had been denied by Tallahassee. Dr. Dieguez attempted to reschedule Mr. Hurley’s surgery and summoned him to the medical department on March 25. But Mr. Hurley was later told that Dr. Dieguez had been transferred to another institution.
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160. In March 2014, Mr. Hurley was still experiencing extreme pain and filed a formal grievance, again requesting to be seen by a hernia specialist. It was denied, noting that the nurse had diagnosed him with a reducible hernia. Mr. Hurley filed another formal grievance, which was also denied, telling him to access sick call.
161. In June 2014, Mr. Hurley saw Dr. Heller, who stated that he would not be given surgery on the prison’s dime. Mr. Hurley filed a grievance about this, and filed an addendum to clarify it. It was denied, noting that the hernia was “easily reducible.” Mr. Hurley appealed to the Secretary, which was denied in August 2014.
162. Mr. Hurley was released in April 2015. Defendants never referred him to a surgeon or provided him with surgery. Corizon’s History of Providing Inadequate Medical Care
163. The FDOC has contracted with Corizon to provide all medical and mental health care in roughly 58 out of approximately 72 of the FDOC’s prison facilities. This includes all of FDOC Regions I and II, and several prisons in Region III. Corizon assumed responsibility for providing care in these prisons in approximately September or October 2013.
164. Under the contract, Corizon is paid a fixed per-inmate price multiplied by the average number of inmates in the facilities Corizon serves. Corizon received approximately $229 million per year, or roughly $1.14 billion over five years. All costs of providing health care are borne by Corizon. Moreover, Corizon must pay the FDOC $250 per inmate every time it transports an inmate over 50 miles round trip for medical services, with some exceptions.
165. Thus, Corizon has a financial incentive to avoid providing medical care and treatment, especially when that care involves sending prisoners to outside specialists.
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166. Almost immediately after Corizon took over medical care, the quality of care began to rapidly deteriorate. In January 2014, less than four months after Corizon took over, the monthly inmate death count, excluding homicides and natural causes, reached a 10-year high of 36. Inmate deaths for the first seven months of 2014 totaled 206, also a 10-year high when compared to the first seven months of the last 15 years, and an 18.4% increase from the first seven months of 2012.
167. In the first 8 months of 2014, Corizon and Wexford (the other private medical contractor for the remaining FDOC facilities) sent 1,009 inmates to outside hospitals. At that pace, the number of inmates referred to hospitals would drop 47% from 2012, the last full year that the FDOC provided health care without a private contractor.
168. In September 2014—only one year after Corizon took over medical care—thenFDOC Secretary Michael Crews sent a letter to Corizon threatening to withhold payment and delete facilities from Corizon’s contract if improvements were not made to the level of health care being provided to FDOC prisoners. The letter stated that Corizon’s “level of care continues to fall below the contractually required standard.” Specifically, Crews identified failures in patient care issues, utilization management, and communication.
169. For a six month audit period ending in August 2014, Corizon’s medical staff at Reception and Medical Center—the FDOC’s only hospital facility— received a grade of zero for failing to place inmates with physical and mental impairments in settings that would adequately provide for their health care needs.
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170. In another review conducted at the Union Correctional Institution from January 2014 to July 2014, it was found that nursing staff failed to document patient visits, medical records were mismanaged and most inmates were not given periodic screenings.
171. Corizon was fined $67,500 by the FDOC in May 2015 for failing a series of performance audits conducted over the past year. A review noted that physicians were only performing rounds 15 percent of the time they were scheduled to do so
172. To this day, Corizon continues to be the primary health care provider despite the Defendant Secretary’s knowledge that Corizon is failing to provide known needed medical care, thereby causing prisoners to suffer needlessly in pain and with greater risk of dying.
Class Action Allegations 173. Pursuant to Federal Rule of Civil Procedure 23(b)(2), Plaintiffs seek to certify a class of all current and future prisoners in FDOC custody who have presented, or will present, with a symptomatic hernia to prison staff. This class seeks only declaratory and injunctive relief. Pursuant to Rule 23(b)(3), Plaintiffs seek to certify a class of all past and current prisoners in FDOC custody (through the date of a settlement or judgment) who have presented with a symptomatic hernia to prison staff. This class seeks damages, as well as declaratory and injunctive relief. 174. For both the 23(b)(2) and 23(b)(3) class, Plaintiffs seek to further certify two subclasses:
a. The Surgery Recommendation Sub-Class: This sub-class consists of all class members who have received, or will in the future receive, a recommendation from a surgeon that they receive surgery.
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b. The No Consult Sub-Class: This sub-class consists of all class members who have not seen a surgeon, or will be denied a visit to a surgeon in the future, for a surgical consultation. 175. Upon information and belief, Defendants have the ability to identify all such similarly situated class members, through medical and other records in Defendants’ possession. 176. The requirements of Rule 23(a) are satisfied: a. Numerosity. The class is so numerous that joinder of all members is impracticable. Plaintiffs have thus far identified approximately 6 members of the “Surgery Recommendation” Sub-Class and approximately 21 members of the “No Consult” Sub-Class, for a total of approximately 27 class members known at this time. Plaintiffs are aware of at least 41 other FDOC prisoners who, upon information and belief, have painful hernias and would be class members, for a total of 62. Given that there are roughly 100,000 prisoners in FDOC custody, and that the prevalence of hernias in the United States has been estimated at 5-10%, there could be as many as 5,000 to 10,000 class members. Medical and other records currently in Defendants’ possession can be used to identify the as yet unknown class members. b. Commonality. There are questions of law or fact common to the class, including but not limited to whether Defendants’ policy of not providing hernia surgeries except in emergency situations, for the purpose of decreasing costs and increasing profits, constitutes deliberate indifference to the serious medical needs of the class members in violation of the Eighth Amendment.
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c. Typicality. The claims or defenses of the class representatives are typical of the claims or defenses of the class. The class representatives have painful hernias that have gone untreated by Defendants, and have suffered (and continue to suffer) from the same pain, debilitation, and other substantial risks of serious harm that the class members have suffered. d. Adequacy. The class representatives and class counsel will fairly and adequately protect the interests of the class. The class representatives are committed to obtaining declaratory and injunctive relief, which will benefit themselves as well as the class by ending Defendants’ unconstitutional policy. The class representatives are also committed to fairly administering any damages award or settlement. Their interests are consistent with and not antagonistic to the interests of the class. They have a strong personal interest in the outcome of this action and have no conflicts with members of the class. They are represented by experienced counsel who specialize in civil rights and class action litigation on behalf of prisoners. 177. The requirements of Rule 23(b)(2) are satisfied, as the party opposing the class has acted or refused to act on grounds that apply generally to the class, so that final injunctive relief or corresponding declaratory relief is appropriate respecting the class as a whole. Defendants have applied the same policy—refusing to provide hernia surgery except in emergency situations—to all class members as a whole. Injunctive relief will therefore end the policy for all class members, allowing them to receive proper medical evaluation and treatment.
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178. The requirements of Rule 23(b)(3) are satisfied, as questions of law or fact common to class members predominate over any questions affecting only individual members, and a class action is superior to other available methods for fairly and efficiently adjudicating the controversy. The interests of members of the Plaintiff Class in individually controlling the prosecution of a separate action is low in that most members of the Plaintiff Class would be unable individually to prosecute any action at all. Most members of the Plaintiff Class will not be able to find counsel to represent them. It is therefore desirable to concentrate all litigation in one forum. The alternative would be individual cases for each and every prisoner seeking similar relief. Accordingly, it will promote judicial efficiency to resolve the common questions of law and fact in one forum, in one lawsuit, rather than in multiple lawsuits in multiple courts.
CAUSE OF ACTION 42 U.S.C. § 1983
All Defendants’ Violations of the Eighth Amendment 179. All Defendants, including Defendants’ policymakers for medical care, know about and enforce the policies described herein. All Defendants, including Defendants’ policymakers for medical care, know of Plaintiffs’ serious medical needs (including their severe pain, debilitation, and increased risk of serious complications), yet Defendants have intentionally failed to provide and have intentionally delayed treatment that will address those serious medical needs, knowing that their actions have resulted, and will continue to result, in Plaintiffs’ continued suffering. Thus, Defendants have caused the wanton infliction of pain upon FDOC prisoners, and have exhibited deliberate indifference to the serious medical needs of Plaintiffs and the Plaintiff Class, in violation of the Eighth Amendment.
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180. By denying Plaintiffs their medically needed hernia surgeries, Defendants have imposed punishment far in excess of that authorized by law, contrary to the Eighth Amendment.
181. Defendants’ denial of Plaintiffs’ medically needed hernia surgeries violates all standards of decency, contrary to the Eighth Amendment.
182. All Defendants’ actions and “treatment” with respect to Plaintiffs’ hernias is medical care so cursory as to amount to no medical care at all.
183. Plaintiffs who have not received surgery have no adequate remedy at law. PRAYER FOR RELIEF
WHEREFORE, Plaintiffs demand the following relief: A. An order certifying this case as a class action, with the class defined under
Rule 23(b)(2) (seeking only declaratory and injunctive relief) as all current and future prisoners in FDOC custody who have presented, or will present, with a symptomatic hernia to prison staff, and under Rule 23(b)(3) (seeking damages as well as declaratory and injunctive relief) as all past and current prisoners in FDOC custody (through the date of a settlement or judgment) who have presented with a symptomatic hernia to prison staff.
B. An order certifying two sub-classes: The Surgery Recommendation SubClass, consisting of all class members who have received, or will receive, a recommendation from a surgeon that they receive surgery to repair their hernia, and the No Consult Sub-Class, consisting of all class members who have not seen a surgeon, or will be denied a visit to a surgeon, for a surgical consultation.
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C. A judgment declaring that the Defendants have exhibited deliberate indifference to the serious medical needs of Plaintiffs and the Plaintiff Class and have violated Plaintiffs’ and the Plaintiff Class’s right to be free from Cruel and Unusual Punishment, as secured by the Eighth and Fourteenth Amendments to the Constitution;
D. A preliminary and permanent injunction requiring Defendants to immediately provide hernia surgery to all FDOC prisoners who have been recommended for surgery; and, for those prisoners with hernias who have not seen a surgeon, to immediately send all such prisoners to an independent surgeon for a surgical consultation, and to abide by the surgeon’s recommendation;
E. An award of nominal, compensatory and punitive damages against Defendant Corizon, and nominal damages against Defendant Jones;
F. An award of Plaintiffs’ attorneys’ fees, expenses and costs of suit; and G. Such other relief as the Court may deem equitable and just under the circumstances.
Jury Demand Plaintiffs demand trial by jury on all issues which are triable by a jury.
Respectfully submitted, Randall C. Berg, Jr., Esq. Fla. Bar No. 0318371 E-mail: RBerg@FloridaJusticeInstitute.org Dante P. Trevisani, Esq. Florida Bar No. 72912 E-mail: DTrevisani@FloridaJusticeInstitute.org Florida Justice Institute, Inc. 100 S.E. 2nd Street {07114853;1}-43-

Case 4:15-cv-00452-RH-CAS Document 1 Filed 09/16/15 Page 44 of 45
3750 Miami Tower Miami, Florida 33131-2309 305-358-2081 305-358-0910 (FAX) By: s/Randall C. Berg. Jr.
Randall C. Berg, Jr., Esq. s/Dante P. Trevisani Dante P. Trevisani, Esq. Attorneys for the Plaintiffs
Certificate of Service
I HEREBY CERTIFY that on September 16, 2015, I electronically filed the foregoing document with the Clerk of the Court using CM/ECF. I also certify that the foregoing document is being served this day on all counsel of record or pro se parties identified on the attached Service List in the manner specified, either via transmission of Notices of Electronic Filing generated by CM/ECF or in some other authorized manner for those counsel or parties who are not authorized to receive electronically Notices of Electronic Filing.
By: s/ Randall C. Berg, Jr. Randall C. Berg, Jr., Esq.
Service List By Email Jennifer A. Parker, Esq. General Counsel, Florida Department of Corrections parker.jennifer@mail.dc.state.fl.us Dorothy Ridgway, Esq.
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Case 4:15-cv-00452-RH-CAS Document 1 Filed 09/16/15 Page 45 of 45 Assistant General Counsel, Florida Department of Corrections Ridgway.dorothy@mail.dc.state.fl.us Counsel for Defendant Jones Gregg A. Toomey, Esq. gat@thetoomeylawfirm.com Counsel for Defendant Corizon
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 Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 1 of 33

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA
Tallahassee Division

TRACY COPELAND,

)

AMADO PARRA, and

)

ARCHIE GREEN,

)

individually and on behalf

)

of a Class of persons

)

similarly situated,

)

)

Plaintiffs,

)

)

v.

)

)

JULIE L. JONES, in her

)

official capacity as Secretary of the

)

Florida Department Corrections; and

)

CORIZON, LLC, an out of state

)

corporation registered and doing business )

in Florida,

)

)

Defendants.

)

____________________________________)

Case No. 4:15-cv-00452-RH-CAS

CONSENT ORDER

THIS CAUSE came to be heard upon the Joint Motion to Certify Class, Preliminarily

Approve Class Settlement, Provide Notice to Class, and Schedule Fairness Hearing (DE 72, the

“Joint Motion”). Plaintiffs are Tracy Copeland, Archie Green, and Amado Parra, individually and

on behalf of a class of similarly situated persons. Defendants are Julie L. Jones, in her official

capacity as Secretary of the Florida Department of Corrections (FDOC), and Corizon, LLC

(Corizon). The Parties have requested that the Court enter this Consent Order. Being advised that

the parties have agreed to the entry of this Order, and after reviewing the file and being otherwise

fully advised, it is hereby

ORDERED AND ADJUDGED as follows:

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1. Background. Plaintiffs initiated this action by filing a Complaint on September 16, 2015 (DE 1). In the Complaint, Plaintiffs allege that Defendants have violated, and continue to violate, the Eighth Amendment by having a policy, practice, and custom of not providing hernia surgeries to FDOC prisoners. Plaintiffs filed a Motion for Class Certification (DE 25) and a Motion for Preliminary Injunction (DE 27). Defendants denied, and continue to deny, all allegations in the Complaint and pending Motions and maintain that Plaintiffs are not entitled to any relief whatsoever. Corizon also contends that it provided medical services in compliance with FDOC’s policies and procedures as required by Contract #C2757 (as amended). On May 2, 2016, the Parties engaged in mediation to see if they could come to an amicable, mutually agreeable resolution of this action. To avoid costly and protracted litigation and to settle the disputes in this action fully and finally, the Parties have voluntarily agreed, subject to the terms and conditions of this Consent Order, to resolve all claims and issues in this action by entering into and consenting to the Court’s adoption of this Consent Order. The Parties agree that the representations made in this Consent Order are true and agree, subject to the terms and conditions of this Consent Order, to be bound by it.
2. No Admission of Liability. Defendants maintain and continue to maintain that they have consistently acted in accordance with applicable law and continue to vigorously deny all allegations contained in the Complaint. Neither this Consent Order, nor any of its terms or provisions, nor the Final Approval,1 shall constitute an admission by Defendants of any liability or wrongdoing whatsoever, nor is this Consent Order or the Final Approval a finding of the validity of any claim asserted or relief sought in this action or of any wrongdoing by Defendants. Neither
1 “Final Approval” refers to this Court’s final approval after a fairness hearing, as required by Rule 23(e) of the Federal Rules of Civil Procedure.
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this Consent Order nor the Final Approval shall be used or construed as an admission, concession, or presumption or inference of any fault, liability, or wrongdoing by any person, business entity, or governmental entity, including Defendants. Neither the Final Approval, this Consent Order, the fact of settlement and the settlement proceedings, nor the settlement negotiations, nor any related statement or document, shall be offered or received in evidence as an admission, concession, or presumption or inference against Defendants in this action or any other legal proceeding, except in any subsequent proceeding to enforce this Consent Order in this action after the Court enters Final Approval, or in any subsequent action by or against a Damages Class Member, and each of them, to support a defense of res judicata, collateral estoppel, release, or other theory of claim preclusion, issue preclusion, or similar defense. This preceding sentence does not preclude a party from enforcing the ministerial duties imposed by the Consent Order before Final Approval. In addition, nothing about this Consent Order shall be offered or construed as an admission or evidence of the propriety or feasibility of certifying a class in this action or any other action for adversarial, rather than settlement, purposes. Plaintiffs hereby agree that if, for any reason, Final Approval is not obtained, the certification of a settlement class will have no force or effect and will be immediately revoked.
3. Class Certification. Consistent with the stipulations of the Parties for purposes of settlement only, the Court finds that the requirements of Federal Rule of Civil Procedure 23 are met, and hereby certifies this as a class action.
a. Class Definitions. The Court certifies an Injunctive Class under Rule 23(b)(2), defined as all current and future prisoners in FDOC custody who, after September 16, 2011, have been diagnosed, or will be diagnosed, with a hernia by a qualified medical provider; and a Damages Class under Rule 23(b)(3), defined as all past and current
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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 4 of 33
prisoners in FDOC custody who were diagnosed with and/or treated for a hernia between September 8, 2013 and May 31, 2016 at an FDOC facility while Corizon was the medical provider for that FDOC facility. For the Damages Class only, the Court certifies two subclasses: a Consult Request Sub-Class, defined as all Damages Class Members for whom a request for a surgical consultation and/or surgical repair of a hernia was submitted (regardless of whether it was approved or denied); and a No Consult Sub-Class, defined as all Damages Class Members for whom a request for surgical consultation and/or surgical repair of a hernia was not submitted. No FDOC prisoner may be a member of more than one (1) Damages Sub-Class. The Damages Class shall not include: 1) any FDOC prisoner for whom a request for a surgical consultation and/or surgical repair was denied while at a facility where the medical care was being provided by Corrections Corporation of America, The GEO Group, Inc., Wexford Health Sources, Inc., Centurion of Florida, LLC, or any of their parents, subsidiaries or affiliates (such as CCA, Inc.); 2) any FDOC prisoner who refused a surgical consultation and/or surgical repair of a hernia; 3) any FDOC prisoner who received surgery three (3) months from the date that the prisoner was first diagnosed with a hernia at an FDOC facility2; 4) any FDOC prisoner for whom a surgeon recommended against surgical repair of a hernia; and 5) any FDOC prisoner who currently has, or previously brought, a civil action against Corizon alleging a failure to provide adequate medical care (including hernia-related medical care) and for whom recovery would be barred by res judicata, collateral estoppel, or a release signed by the FDOC
2 Corizon does not admit or agree that a delay of more than three (3) months between a hernia diagnosis and surgical repair is unreasonable or demonstrates deliberate indifference to a serious medical need. Corizon’s position is that does not reflect the constitutional standard of care for inmates with hernias in the Eleventh Circuit.
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prisoner. b. Identification of Class Members. Members of the Consult Request Sub-
Class, and the dates on which the relevant events occurred, will be identified through an electronic search of FDOC’s records for all FDOC prisoners at a facility where Corizon was the medical provider for whom a request for surgical consultation or surgery for a hernia was submitted from September 8, 2013 through May 31, 2016. Members of the No Consult Sub-Class, and the dates on which the relevant events occurred, will be identified through an electronic search of FDOC’s records for all FDOC prisoners at a facility where Corizon was the medical provider for whom an ICD-9 or ICD-10 hernia diagnosis code was entered into FDOC’s database from September 8, 2013 through May 31, 2016. In addition, Damages Class members will be identified from the list of prisoners produced by Corizon in discovery who received hernia surgery or for whom a request for surgical consultation for a hernia was submitted, and from the list of current and former prisoners compiled by Class Counsel of prisoners who reported they had hernias to Class Counsel. All of the prisoners on the list compiled by Class Counsel shall be members of the No Consult SubClass.
c. Pursuant to the requirements and regulations promulgated under the Health Insurance Portability and Accountability Act of 1996 (HIPAA), specifically 45 C.F.R. § 164.512(e)(1)(ii)(B) and § 164.512(e)(1)(v), and the Court’s Agreed HIPAA Qualified Protective Order (DE 47) and in order to ensure compliance with the applicable state laws and regulations in the State of Florida governing patient privacy and protecting health care information, including without limitation, Florida Statutes § 626.9651, Class Counsel will contemporaneously file under seal a List of all Damages Class Members, and their Sub-
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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 6 of 33
Class designations. The Court specifically finds that the List of all Damages Class Members and their Sub-Class designations includes Protected Health Information (PHI) as defined in 45 C.F.R. §§ 164.103 and 164.501 because such information relates to the past and/or present physical condition of individuals within the custody of the FDOC as well as the provision of health care to such individuals. Accordingly, pursuant to this Court’s Stipulated Confidentiality Order (DE 52), the parties shall designate and mark this list as “Confidential,” take such measures to ensure this list is kept in strict confidence and shall not disclose this List to anyone outside of this litigation, including to any and all Class Members. However, Class Counsel may confirm whether any individual is or is not on the List, and may otherwise advise Class Members of their rights and responsibilities under this Consent Order. The Court authorizes the disclosure of this List to Settlement Services, Inc. (SSI), for the purposes of the administration of the matters set forth in this Order; however, no such disclosure shall occur unless and until SSI and any and all representatives of SSI engaged in the administration of the resolution of this matter execute an Acknowledgement of Stipulated Confidentiality Order form, as set forth in this Court’s Stipulated Confidentiality Order (DE 52). Copies of all signed Acknowledgements by SSI shall be provided to any Defendant’s counsel upon request.
d. If any person not on the List of Damages Class Members claims that s/he should be a Damages Class Member, that person may become a Damages Class Members only if Class Counsel verifies s/he qualifies as a Damages Class member. A person not on the List of Damages Class Members who qualifies as a Damages Class member shall be added to the No Consult Sub-Class unless it can be readily determined from the FDOC’s electronic records that a request for surgical consultation and/or surgical repair of a hernia
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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 7 of 33
was in fact submitted. Such a person may be added to the List of all Damages Class Members only up until ten (10) days before the final fairness hearing.
e. Class Representatives. The Court hereby appoints the named Plaintiffs, Tracy Copeland, Archie Green, and Amado Parra, as class representatives for the Injunctive Class. The Court hereby appoints named Plaintiffs Tracy Copeland and Archie Green as class representatives for the Damages Class.
f. Class Counsel. Pursuant to Federal Rule of Civil Procedure 23(g), the Court hereby appoints the Florida Justice Institute, Inc. and Kozyak, Tropin, and Throckmorton, LLP, as class counsel.
g. Notice to Class Members. The Court hereby directs that notice to the class members shall be completed in the following manner.
i. Notice to Injunctive Class. For the Injunctive Class, the FDOC shall post the attached Notice of Proposed Injunctive Class Action Settlement (Ex. 1) in a conspicuous place that prisoners can readily see in every dorm and unit of every FDOC facility. For the prisoners in the infirmary, Close Management, Disciplinary Confinement, Administrative Segregation, Protective Custody, or any other type of segregation, FDOC staff will distribute copies to all such prisoners. The Warden or the Warden’s designee of each FDOC facility shall sign a Certification of Notice (attached as Ex. 2), certifying compliance with this sub-paragraph 3.g.i., and shall provide a copy of each Certification to Class Counsel.
ii. Notice to Damages Class. Class Counsel engaged the services of SSI in Tallahassee, which will handle notice to the Damages Class and other
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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 8 of 33
aspects of class administration. The FDOC will provide to SSI the following information for all Damages Class Members: For the currently incarcerated Damages Class Members, the current institution and the institution’s address at which each Damages Class Member is currently housed; for the nonincarcerated Damages Class Members, the last known address or address provided to the FDOC upon release, and social security number. SSI will mail to all incarcerated Damages Class Members 1) the attached Notice of Proposed Damages Class Action Settlement – Incarcerated (Ex. 3), 2) the attached Opt-Out Statement (Ex. 5), and 3) a postage-paid return envelope. SSI will stamp “Legal Mail” on the envelopes containing these materials, and they shall be treated as Legal Mail under F.A.C. 33-210.102. The FDOC shall provide paper and writing materials to FDOC prisoners, at no expense to the prisoner, for purposes of submitting objections or comments to the proposed settlement. Objections or comments submitted to the Court by FDOC prisoners shall be treated as Legal Mail under F.A.C. 33210.102(10)(a), for which the FDOC institution shall furnish postage for the prisoner. SSI will mail to all non-incarcerated Damages Class Members 1) the attached Notice of Proposed Damages Class Action Settlement – NonIncarcerated (Ex. 5), 2) an Opt-Out Statement, 3) a postage-paid return envelope, and 4) the attached Claim Form (Ex. 6). Non-incarcerated Damages Class Member shall return the Claim Forms to SSI and they must be postmarked within ninety (90) days from the date SSI mails them. SSI shall make reasonable attempts to locate non-incarcerated Damages Class
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Members who do not return Claim Forms within forty-five (45) days from

issuance of the Notice to Damages Class Members, using the members’

Social Security Numbers and other skip tracing methods. SSI shall re-send

the Notice of Proposed Damages Class Action Settlement – Non-

incarcerated, Opt-Out Statement, postage-paid return envelope, and Claim

Form to those who do not return them within forty-five (45) days. If SSI

discovers a probable address for a member that is different from that

provided by the FDOC, SSI shall mail the above materials to the new address

SSI discovered. If a non-incarcerated Damages Class Member does not

timely return a Claim Form, he or she will not be entitled to a damages

payment.

h. Final Fairness Hearing. Pursuant to Federal Rule of Civil Procedure 23(e),

the Court has made a preliminary determination that the proposed settlement of this matter

and this Consent Order are fair, reasonable, and adequate for the class members. A final

fairness hearing will be scheduled by this Court no earlier than one hundred eighty (180)

days from the entry of this Consent Order. If the Court enters Final Approval of this

Consent Order (without revision) after the final fairness hearing, this Consent Order will

continue in full force and effect.

i.

Right of Settlement Class Members to be Excluded. No Injunctive Class

Member may elect to be excluded from the Injunctive Class or the injunctive relief

provisions contained in paragraphs 5 and 6 of this Consent Order. Any Damages Class

Member may request exclusion from the Damages Class. Damages Class Members who

wish to be excluded from the Damages Class must submit a complete, accurate, and

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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 10 of 33

properly signed Opt-Out Statement to SSI. SSI shall stamp the date received on the original

of any Opt-Out Statement it receives from a Damages Class Member. SSI shall serve

copies of any Opt-Out Statement on Class Counsel and Defendants’ counsel no later than

five (5) business days after receipt of such Opt-Out Statement and shall file all Opt-Out

Statements ten (10) days prior to the date set for the Final Approval Hearing. Any Damages

Class Member may rescind his or her Opt-Out Statement by no later than fifteen (15) days

before the Final Approval Hearing.

j.

Termination of Settlement and this Consent Order. This Consent Order is

contingent upon obtaining Final Approval that survives a fairness hearing and appeal

without any modification of its terms and conditions. Corizon may, in its sole discretion

and at its sole option, terminate this settlement and Consent Order within thirty-five (35)

days after the time for filing Opt-Out Statements by Damages Class Members if the number

of Damages Class Members who request to be excluded from the Damages Class exceeds

three and one-half percent (3.5%) of those Damages Class Members who are sent a Notice.

If Corizon provides Class Counsel notice of its intent to terminate this settlement agreement

and Consent Order, then Class Counsel shall have twenty (20) business days within which

to communicate with any and all persons filing an Opt-Out Statement and to secure

withdrawal of that person’s Opt-Out Statement or those persons’ Opt-Out Statements. If

Corizon exercises this option and Class Counsel cannot get Damages Class Members filing

an Opt-Out Statement to rescind or withdraw their Opt-Out Statements such that the

number of Opt-Out Statements filed and not rescinded is three and one half percent (3.5%)

or lower of the Damages Class Members who were sent a Notice, and/or the Court does

not enter Final Approval, all of Plaintiffs’ and Corizon’s obligations under any settlement

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agreement and/or this Consent Order as to the Damages Class settlement, except those obligations contained in paragraph 2, shall cease to be of any force and effect, and any settlement agreement, this Consent Order, and any order entered in connection with the settlement-related proceedings as to the Damages Class settlement shall be vacated, rescinded, cancelled, and annulled, and Plaintiffs and Corizon shall return to the status quo in this action as if they had not entered into a settlement agreement or this Consent Order. In addition, this Consent Order, any settlement agreement, and all negotiations, court orders and settlement-related proceedings shall be without prejudice to the rights of Plaintiffs and Corizon in this action. Any statements, documents, and other evidentiary materials relating to this Consent Order, any settlement agreement, and all negotiations, court orders and settlement-related proceedings shall not be offered, admitted, or discoverable in this action or any other action.
k. Binding Effect on Damages Class Members. Except for those Damages Class Members who timely submit a complete, accurate, and properly signed Opt-Out Statement and who do not subsequently rescind that Opt-Out Statement, all Damages Class Members shall be bound by the terms and conditions of this Consent Order, the Final Approval, any final judgment or other order concerning or relating to the settlement or settlement proceedings, and the release contained in paragraph 7 below and shall be deemed to have waived all objections and opposition to the fairness, reasonableness, and adequacy of the settlement or any provision of this Consent Order.
l. Prohibition on Filing Complaints or Proceedings Pending Final Approval. From the date the Court enters preliminary approval of this Consent Order to the Final
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Effective Date,3 any Damages Class Member, including Plaintiffs, who does not timely submit a complete, accurate, and properly signed Opt-Out Statement shall be prohibited from receiving any monetary recovery from any civil action or other legal proceeding concerning or relating to the claims asserted in this action or the legal matters released in paragraph 7 below.
m. Covenant Not to Sue or Participate in Any Other Action. Subject to the Court granting Final Approval, any Damages Class Member who does not timely submit a complete, accurate, and properly signed Opt-Out Statement shall be forever barred from filing any other civil action or legal proceeding or participating either as a named plaintiff or as an unnamed class member in any other civil action or legal proceeding in any federal or state court or administrative tribunal concerning or relating to the claims asserted in this action or the legal matters released in paragraph in paragraph 7 below.
n. Class Action Fairness Act. Pursuant to 28 U.S.C. § 1715, FDOC shall, within ten (10) days from entry of this Consent Order, provide the notices required by that statute to the Attorney General of Florida and the United States Attorney General. 4. Settlement Payment. Subject to the terms of this Consent Order, on the Final Effective Date, but no earlier than January 1, 2017, FDOC shall pay the sum of one hundred fifty thousand dollars ($150,000.00)4 and Corizon shall pay the sum of one million nine hundred fifty
3 “Final Effective Date” refers to: (1) if there is an appeal of the trial court’s Final Approval in this action, including any appeal of an award of attorneys’ fees or incentive payment to the named Plaintiffs, the date of final affirmance of the final judgment on an appeal, the date of dismissal of such appeal, the expiration of the time for a petition for review of such appeal by the United States Supreme Court of the final judgment, and, if review is granted, the date of final affirmance of that final judgment following review pursuant to that grant; or (2) if there is no appeal, then sixty-one (61) calendar days after entry of trial court’s Final Approval in this actions. 4 FDOC’s payment of one hundred fifty thousand dollars ($150,000.00) is solely and exclusively for a portion of the attorneys’ fees and expenses contained in paragraph 4.c. below.
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thousand dollars ($1,950,000.00), for a total sum of two million one hundred thousand dollars ($2,100,000.00), to an non-interest-bearing trust account designated by Class Counsel, to be distributed as follows:
a. Class Representative Fee. As a class representative fee, five thousand dollars ($5,000.00) will be paid to Tracy Copeland, five thousand dollars ($5,000.00) will be paid to Archie Green, and five thousand dollars ($5,000.00) will be paid to Amado Parra. The class representative fee is in addition to any damages amounts the class representatives may receive as class members.
b. Damages for Class Members. One million seven hundred thousand dollars ($1,700,000.00), plus the balance of any attorneys’ fees, expenses, and class administration expenses that are not paid to Class Counsel as described in paragraph 4.c (which will be distributed evenly between the two Damages Sub-Classes), will be paid to the Damages Class Members, to be distributed in the following manner:
i. Amount. Half the funds distributed to the Damages Class Members shall be set aside for distribution to the members of the Consult Request Sub-Class and half shall be set aside for distribution to the members of the No Consult Sub-Class. Each member of each Sub-Class will receive an amount that is equal to the amount of money set aside for that Damages Sub-Class divided by the number of members in the Sub-Class.5
ii. Method. For the Damages Class Members who are incarcerated on the Final
5 At this time, Class Counsel estimates there are 311 members in the Consult Request Sub-Class and 1,637 members in the No Consult Sub-Class. Using these numbers and assuming each SubClass is allocated $850,000.00, each Consult Request Sub-Class member should receive $2,733.12 and each No Consult Sub-Class member should receive $519.24.
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Effective Date, SSI shall mail checks to the FDOC, or arrange another suitable method, so that the FDOC can deposit the appropriate damages amount directly into each Damages Class Member’s inmate account. The FDOC shall ensure that the funds are deposited without undue delay, and without cost to the class member. For the Damages Class Members who are not incarcerated on the Final Effective Date, SSI shall mail the appropriate check to each Damages Class Member at the address indicated on the returned Claim Forms. For any Damages Class Member who has died, SSI shall make reasonable efforts to notify the next of kin of this settlement, and SSI is authorized to make a check payable to a Damages Class Member’s estate if presented with proper documentation showing the estate was properly opened. All checks must be cashed or deposited within ninety (90) days of issuance. Any dispute as to the qualification of a Damages Class Member to receive any settlement funds, the amount of the settlement funds, or the completeness, accuracy, or propriety of a signature on any Claim Form shall be resolved in accordance with the dispute resolution provisions in paragraph 8 below. Except as provided in paragraph 11 below, each Damages Class Member shall be solely and exclusively responsible for any and all applicable federal and state taxes, withholdings of any kind, and/or obligations to creditors and courts (including bankruptcy court) associated with a payment of settlement proceeds. If SSI deems it necessary to withhold any portion of the settlement proceeds for tax or other purposes, then it shall do so. SSI shall issue any and all applicable tax, withholding, and/or other
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forms associated with the payment of settlement proceeds to any Damages Class Member. Other than the responsibility to make the settlement payment as set forth in paragraph 4, Defendants shall not be responsible for disbursement of the settlement funds. Additionally, Defendants take no position on the fairness of the allocation of the settlement funds among Damages Class Members. iii. Second Distribution and Cy Pres. If, after ninety (90) days from the date that SSI mails the checks, the amount of money from checks not cashed by the Damages Class Members is fifty thousand dollars ($50,000.00) or less, the funds shall be placed in a Cy Pres fund with the funds payable to Carrfour Supportive Housing located at 1398 Southwest 1st Street, Suite 1201, Miami, Florida 33135 (“Carrfour”). If, after ninety (90) days from the date that SSI mails the checks, the amount of money from checks not cashed by the Damages Class Members is greater than fifty thousand dollars ($50,000.00), then SSI shall distribute those funds to the Damages Class Members who cashed checks (or received a deposit to their inmate account) in the same manner and proportion as the first distribution, described above. Ninety (90) days after this second distribution, any funds remaining from checks not cashed shall be placed in a Cy Pres fund, with the funds payable to Carrfour. c. Attorneys’ Fees, Expenses, and Class Administration Expenses. Up to three hundred eighty-five thousand dollars ($385,000.00) of the settlement payment will be paid, collectively, to Class Counsel identified in paragraph 3.c. above as attorneys’ fees,
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expenses, and class administration expenses, which represents payment for all work performed up until the date Final Approval is entered. Before the Final Approval Hearing, Class Counsel will provide to the Court a final accounting of all attorneys’ fees, expenses, and class administration expenses incurred (and expected to be incurred through the date of Final Approval) and that amount shall be distributed to Class Counsel within thirty (30) days of the Final Effective Date. If Class Counsel have incurred less than three hundred eighty-five thousand dollars ($385,000.00) in attorneys’ fees, expenses and class administration expenses, the balance will be added to the amount that is distributed to the Damages Class Members and, if applicable, to the Cy Pres fund. Expressly subject to Corizon’s non-admission of liability in paragraph 2, the Court hereby finds that Plaintiffs and the Plaintiff Class are prevailing parties under 42 U.S.C. § 1988 for purposes of attorneys’ fees and expenses. Pursuant to 42 U.S.C. § 1997e(d), and, expressly subject to Corizon’s non-admission of liability in paragraph 2, the Court finds that the attorneys’ fees and expenses payable under this paragraph 4.c. were directly and reasonably incurred in proving a violation of Plaintiffs’ constitutional rights, the amount of fees and expenses is proportionately related to the court ordered relief, and the fees and expenses were directly and reasonably incurred in enforcing the relief ordered. Neither Plaintiffs nor Class Counsel shall be entitled to any additional attorneys’ fees, expenses, or class administration expenses in this action or against Defendants; provided, however, that Plaintiffs and Class Counsel may be entitled to attorneys’ fees and expenses for any future actions taken to enforce this Consent Order, including but not limited to successfully defending against a motion to modify or terminate this Consent Order brought by FDOC, or bringing a successful motion requesting that this Consent Order stay in place after Final Approval is
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entered. d. No Additional Contribution by Defendants. Defendants’ monetary
obligation under this Consent Order shall be limited to their respective settlement payments and attorneys’ fees identified in this paragraph 4 above. Defendants shall not be requested or required to contribute additional monies under any circumstance whatsoever. If there is no Final Approval of this Consent Order or this Consent Order is cancelled, rescinded, terminated, voided, invalidated, or nullified for any reason, Defendants shall cease to have any obligation to pay any portion of their respective settlement payments and any prior disbursements from the settlement fund shall be immediately paid back to Defendants by the person who or entity which received such disbursement. 5. New Hernia Policy.
a. Health Service Bulletin. Within thirty (30) days from date the Court enters Final Approval, the FDOC shall formally adopt a new Health Service Bulletin (HSB) dealing with hernias. The HSB shall say the following: “A patient presenting with a hernia shall be referred to a surgeon for a surgical consultation if, in the medical judgment of the treating physician, the patient is experiencing pain affecting daily life activities (including but not limited to walking, running, working, playing sports, sleeping, lifting, urinating, and defecating), the hernia is not easily reducible, the hernia is incarcerated, the hernia is in the scrotum, or the patient is experiencing any other symptom that, in the medical judgment of the treating physician, warrants surgical referral. The recommendation of the surgeon shall not be unreasonably refused. The reasons for refusing the recommendation of the surgeon shall be documented in the patient's medical file. If the patient is not referred to a surgeon, conservative measures may be the initial management, including passes for
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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 18 of 33
low bunk and restricted activities. The patient must be counseled to access Medical should he or she develop any pain in the area or generalized abdominal pain, constipation/vomiting, if the hernia grows bigger, or if the hernia falls into the patient's scrotum. The benefit of surgical treatment versus the inherent risks and complications of anesthesia and surgery should be explained to the patient. The patient will be provided with appropriate follow-up care.” The FDOC shall provide a copy of this HSB to Class Counsel within ten (10) days of its formal adoption. Corizon does not acknowledge, agree, or represent that the HSB is fair, adequate, and/or necessary for FDOC prisoners.
b. Notice to Medical Staff. Within thirty (30) days from the final adoption of the HSB, the FDOC shall notify every Chief Health Officer (CHO) of every FDOC institution of the adoption of the HSB, and direct each CHO to provide notice of same to each medical staff member at that CHO’s institution. Upon completion of this notification process, FDOC shall provide written notice of the completion of this notification process to Plaintiffs’ counsel.
c. Compliance with HSB. Starting sixty (60) days after the HSB is formally adopted and continuing thereafter, the FDOC shall comply with this HSB, and ensure that any future medical contractor or private prison contractor complies with this HSB. In addition to future compliance, the FDOC shall ensure compliance with the HSB for all FDOC prisoners who have already reported hernias, been referred for a surgical consultation, or been recommended for surgery. The FDOC shall ensure that consultations and surgeries are scheduled, and prisoners transported to and from appointments, without undue delay.
d. No Impact on Informed Consent. Nothing in this paragraph or Consent
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Order requires or allows the FDOC, or any medical contractor, to provide medical care or treatment to any prisoner who does not consent to such care or treatment. The FDOC’s usual informed consent procedures shall be followed. 6. Reports to Class Counsel. Starting one hundred eighty (180) days after Final Approval is entered, and every one hundred eighty (180) days thereafter until the this Consent Order terminates or expires (as defined below), FDOC shall provide to Class Counsel a list of FDOC prisoners who, during the one hundred eighty (180) days preceding the report, have reported hernias to medical staff, and include the dates on which (a) the hernia was reported, (b) a surgical consult was requested, (c) surgery was requested, and (d) surgery was performed. If surgery was not performed, the report shall provide the date on which the surgery was denied, and the reason for the denial. 7. Release. Subject to Final Approval and in consideration of the settlement payment in paragraph 4 above and the injunctive relief in paragraphs 5 and 6 above, except as expressly stated in this paragraph 7 below, Plaintiffs and the Damages Class Members hereby and for their spouses, heirs, executors, administrators, agents, representatives, successors, and assigns, unconditionally and forever release, acquit, and discharge the FDOC, Corizon, and their past, present, and future agents, servants, employees, officers, directors, parents, subsidiaries, affiliates, attorneys, successors and assigns of and from any and all known and unknown claims, actions, causes of action, suits, charges, complaints, demands, liabilities, rights, damages, injuries, costs, losses, expenses and compensation whatsoever, that Plaintiffs and the Damages Class Members ever had or which may hereafter accrue, concerning, arising out of or relating to the claims asserted and relief sought or claims that could have been asserted and relief that could have been sought, in this action, to wit, claims related to medical care or treatment of a hernia arising under federal
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and state law and any actual, compensatory, statutory, incidental, consequential, special and/or punitive damages, emotional relief, and/or equitable relief applicable to such claims; provided, however, that any Injunctive Class Member who is not also a Damages Class Member does not release any claim for damages that has accrued or will accrue as to any other medical provider such as Wexford Health Sources, Inc. and Centurion of Florida, LLC. Furthermore, subject to Final Approval and in consideration of the settlement payment in paragraph 4 above and the injunctive relief in paragraphs 5 and 6 above, except as expressly stated in this Consent Order, Plaintiffs and the Injunctive Class Members (who are not also Damages Class Members) hereby and for their spouses, heirs, executors, administrators, agents, representatives, successors, and assigns, unconditionally and forever release, acquit, and discharge the FDOC, Corizon, and their past, present, and future agents, servants, employees, officers, directors, parents, subsidiaries, affiliates, attorneys, successors and assigns of and from any and all known and unknown claims for injunctive relief only, that Plaintiffs and the Injunctive Class Members ever had or which may hereafter accrue, concerning, arising out of or relating to the claims asserted and relief sought in this action. The Injunctive Class Members (who are not Damages Class Members) do not release the FDOC or Corizon from any claims for damages, if any.
8. Enforcement. If any Party believes that a dispute exists relating to the provisions of this Consent Order before the dismissal of Corizon, it shall notify the other Parties in writing, describing the dispute. The Parties shall engage in good-faith negotiations and attempt to resolve the dispute. If the Parties cannot resolve the dispute within fourteen (14) days of the written notification, then they shall mediate their dispute with Harry R. Schafer, Esq., Kenny Nachwalter, P.A., Four Seasons Tower, 1441 Brickell Avenue, Suite 1100, Miami, Florida 33131, at a mutually agreeable date and time. Notification of a dispute and/or the mediation of a dispute shall not toll
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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 21 of 33
any deadlines under this Consent Order or any other deadlines. If, through mediation, the Parties are unable to resolve the dispute, then a Party may file an appropriate motion with this Court. After dismissal of Corizon, if Plaintiffs, any class member, or the FDOC believe that a dispute exists relating to the provisions of this Consent Order or desire enforcement of any provision of this Consent Order, he/she/it shall notify the other Party in writing, describing the dispute. FDOC and Class Counsel shall engage in good-faith negotiations and attempt to resolve the dispute. If FDOC and Class Counsel cannot resolve the dispute within fourteen (14) days of the written notification, then a Party (including Class Counsel on behalf of a Plaintiff or any class member) may file an appropriate motion with this Court.
9. Modification. After the Final Effective Date, Plaintiffs and FDOC may jointly request this Court to modify, amend, or alter any of the rights or obligations in this Consent Order that do not pertain to Corizon by filing a Joint Motion to Modify, signed by both Parties. If Plaintiffs or FDOC wants to modify this Consent Order without the other Party’s consent, the Party desiring modification shall so notify the other Party, and Plaintiffs and FDOC shall negotiate in good faith in an attempt to resolve the matter. If thirty (30) days elapse from the notification and Plaintiffs and FDOC have not reached an agreement, the Party desiring modification may file a Motion to Modify with this Court.
10. Prison Litigation Reform Act. Expressly subject to Corizon’s non-admission of liability in paragraph 2, pursuant to 18 U.S.C. § 3626, the Court finds that the injunctive relief agreed to by Plaintiffs and the FDOC and ordered by this Consent Order is narrowly drawn, extends no further than necessary to correct the violation of Plaintiffs’ and the class members’ constitutional rights, and is the least intrusive means necessary to correct the violation. The Court has given substantial weight to any adverse impact on public safety or the operation of a criminal justice
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system, and finds that the injunctive relief ordered herein will have no adverse impact on public safety or the operation of a criminal justice system.
11. Waiver of Costs of Incarceration. The FDOC agrees to waive its right to enforce any cost of incarceration lien, counterclaim, or any claim whatsoever that it may have under Florida Statute § 960.29, et seq., against the settlement proceeds payable in this matter, for all class members; however, this limited waiver of enforcement against settlement proceeds shall not reduce the amount of any lien currently in existence or that may be obtained at a future date, other than a cost of incarceration lien.
12. Waiver of Appeal. Any class member (either Injunctive or Damages Class Member) who does not timely submit an objection to the Consent Order or timely submit a valid Opt-Out Statement hereby unconditionally and forever waives any and all rights to appeal from the Final Approval and/or any final judgment, including, without limitation, all rights to any postjudgment proceeding and appellate proceeding such as a motion to vacate judgment, motion for new trial, and extraordinary writs; provided, however, that this waiver does not include a waiver of the right to oppose any appeals, appellate proceedings, or post-judgment proceedings, if any.
13. Interim Stay of Proceedings. Pending completion of the settlement process, this action and all deadlines contained in the applicable scheduling orders shall be stayed, except such proceedings necessary to implement and obtain Final Approval of this Consent Order.
14. Severability. If any paragraph or portion of this Consent Order is held to be invalid by a court of law after the Final Effective Date, the remaining portions of this Consent Order shall continue to be in full force and effect.
15. Binding of Successors. This Consent Order is binding upon the Parties and their successors, assigns, employees, and agents. The FDOC shall take reasonable steps to ensure that
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any future FDOC Secretary and medical contractor is notified of and complies with this Consent Order.
16. No Prior Assignment. The Parties hereby acknowledge, represent, covenant, and warrant that they have not directly or indirectly assigned, transferred, hypothecated, encumbered, or purported to assign, transfer, hypothecate, or encumber to any person or entity anything released in paragraph 7 above.
17. Entire Agreement. This Consent Order (including all exhibits) contains the entire agreement of the Parties with respect to its subject matter and supersedes any and all other prior agreements and all negotiations leading up to the execution of this Consent Order, whether oral or written, regarding the subject covered in this Consent Order. The Parties acknowledge that no representations, inducements, promises, or statements related to this settlement or the subjects covered in this Consent Order, oral or written, have been made by any of the Parties or by anyone acting on behalf of the Parties which are not embodied or incorporated by reference in this Consent Order, and further agree that no other agreement, covenant, representation, inducement, promise, or statement relating to this settlement or the subjects covered in this Consent Order not set forth in writing in this Consent Order have been made by any Party.
18. Third-Party Beneficiaries. Nothing in this Consent Order, express or implied, is intended to or shall confer upon any person, business entity, or governmental entity not a Party to this Consent Order any right, benefit, or remedy of any nature whatsoever under or by reason of this Consent Order. Individual class members shall not be deemed to be third-party beneficiaries of this Consent Order, and they shall have no right to bring any civil action or legal proceeding for any alleged violation of this Consent Order, unless it is through Class Counsel. Class Counsel alone, on behalf of any class member, shall have the authority to seek enforcement of the terms of
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this Consent Order through the enforcement provision contained in paragraph 8 above. To the extent a class member has a complaint regarding FDOC’s implementation or performance of the injunctive-related provisions in this Consent Order, he or she shall bring that complaint to the attention of Class Counsel. Nothing in this Consent Order precludes Class Counsel from communicating with class members or otherwise advising them of their rights and responsibilities under this Consent Order.
19. Captions and Headings. The captions and headings of this Consent Order are for convenience of reference only and in no way define, limit, or describe the scope or intent of this Consent Order.
20. Retention of Jurisdiction and Expiration. The Court retains jurisdiction over this matter to enforce the terms of this Consent Order. Not earlier than two (2) years following the Final Effective Date, the FDOC may move to terminate this Consent Order. At least sixty (60) days prior to filing a motion to terminate, the FDOC shall provide written notice to Class Counsel of its intent to file such a motion, and the parties shall engage in good faith negotiations to attempt to resolve any disputes. If agreement cannot be reached within sixty (60) days from the date of the written notification, the FDOC may file a motion to terminate this Consent Order.
21. Dismissal of Corizon. Within three (3) days after Corizon makes its portion of the settlement payment identified in paragraph 4 above, Plaintiffs shall file the attached Joint Stipulation of Voluntary Dismissal of Defendant Corizon with Prejudice (Ex. 7), dismissing Corizon with prejudice and subject to Corizon’s ability to enforce the terms of this Consent Order.
SO ORDERED, this 22d day of September, 2016.
s/Robert L. Hinkle United States District Judge Page 24 of 33

Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 25 of 33 By their signatures, the authorized representatives of the Parties hereby agree that the
statements and representations in this Consent Order are true and correct and agree to be bound by the terms of the Consent Order. The Parties’ authorized signatories hereby represent and warrant that they have the full power and right to execute this Consent Order with full authority to bind the party on whose behalf they are signing. By virtue of their signatures below, counsel for the FDOC and Corizon are not acting as authorized representatives of their respective clients, but their signatures shall only constitute their authorization for submission of this Consent Order for consideration of the Court and the necessary certification pursuant to Rule 11 of the Federal Rules of Civil Procedure.
[BALNCE OF PAGE INTENTIONALLY LEFT BLANK]
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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 26 of 33 Signature Page for Plaintiff and Class Representative Tracy Copeland: _s/Tracy Copeland__ Tracy Copeland Date: September 19, 2016
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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 27 of 33 Signature Page for Plaintiff and Class Representative Archie Green: s/Archie Green Archie Green Date: September 19, 2016
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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 28 of 33 Signature Page for Plaintiff and Class Representative Amado Parra: s/Amado Parra Amado Parra Date: September 19, 2016
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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 31 of 33

s/Randall C. Berg, Jr., Esq. Randall C. Berg, Jr., Esq. Randall C. Berg, Jr., Esq. Fla. Bar No. 0318371
RBerg@FloridaJusticeInstitute.org Dante P. Trevisani, Esq. Fla. Bar No. 72912
DTrevisani@FloridaJusticeInstitute.org FLORIDA JUSTICE INSTITUTE, INC. 3750 Miami Tower 100 S.E. Second Street Miami, Florida 33131 305.358.2081 305.358.0910 – Fax
Kenneth R. Hartman, Esq.
krh@kttlaw.com Douglas A. Wolfe, Esq. Florida Bar No. 28671
daw@kttlaw.com Thomas Tucker Ronzetti, Esq. Florida Bar No. 965723
tr@kttlaw.com Monica McNulty, Esq. Florida Bar No. 105382
mmcnulty@kttlaw.com KOZYAK TROPIN & THROCKMORTON, LLP 2525 Ponce de Leon, 9th Floor Coral Gables, Florida 33134 305.372.1800 305.372.3508 – Fax
Attorneys for Plaintiffs

s/Kirkland E. Reid, Esq.__ Kirkland E. Reid, Esq. Kirkland E. Reid (REIDK9451) kreid@joneswalker.com JONES WALKER LLP 11 North Water Street, Ste. 1200 Mobile, Alabama 36602 251.439.7513 251.439.7358 – Fax
Marc W. Dunbar, Esq. Fla Bar No. 8397 mdunbard@joneswalker.com Daniel Russell, Esq. Fla. Bar No. 63445 drussell@joneswalker.com JONES WALKER LLP 215 South Monroe Street, Suite 130 Tallahassee, FL 32301 850.425.7805 850.425.7815 – Fax
Attorneys for Defendant Julie Jones, in her official capacity as Secretary of the Florida Department of Corrections
s/William R. Lunsford, Esq._ William R. Lunsford, Esq. William R. Lunsford, Esq. (ASB-4265-L72L) blunsford@maynardcooper.com Matthew B. Reeves, Esq. (ASB-5165-T78R) mreeves@maynardcooper.com MAYNARD, COOPER & GALE, P.C. 655 Gallatin Street Huntsville, Alabama 35801 256.551.0171 256.512.0119 – Fax
George N. Meros, Jr. Fla. Bar No. 28671 george.meros@gray-robinson.com James Timothy Moore, Jr. Fla. Bar. No. 70023 tim.moore@gray-robinson.com GRAYROBINSON, P.A. 301 South Monroe Street, Suite 600

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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 32 of 33 Tallahassee, Florida 32302 850.577.9090 850.577.3311 - Fax Attorneys for Defendant Corizon, LLC
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Case 4:15-cv-00452-RH-CAS Document 78 Filed 09/23/16 Page 33 of 33

 
 Case 4:15-cv-00452-RH-CAS Document 217 Filed 09/11/17 Page 1 of 6
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

TRACY COPELAND et al., Plaintiffs,
v. JULIE L. JONES, etc., et al.,
Defendants. _______________________________/

CASE NO. 4:15cv452-RH/CAS

ORDER FINALLY APPROVING THE SETTLEMENT

The plaintiffs in this class action challenge the treatment of hernias by the Florida Department of Corrections and its prior contracted medical provider, Corizon LLC. The case is before the court for final approval of the parties’ settlement. The background and terms of the settlement are set out in the consent order that was entered on September 23, 2016. ECF No. 78. That order certified settlement classes and subclasses and preliminarily approved the settlement. These more recent orders clarified or added to the consent order: the order approving class-member verification procedures (ECF No. 86), the order extending the opt-

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out and claim-form deadline (ECF No. 89), and the order on compliance with Class Action Fairness Act (ECF No. 166).
The settlement is a fair, adequate, and reasonable resolution of a bona fide dispute. The settlement did not result from collusion. The agreed classrepresentative fees are reasonable. The agreed attorney’s fees were separately negotiated, are reasonable, are within the range that customarily would be charged by attorneys in this district for services of this kind, and comport with the standards governing fee awards in this circuit in cases of this kind. See, e.g., Camden I Condo. Ass’n, Inc. v. Dunkle, 946 F.2d 768, 774-75 (11th Cir. 1991) (requiring fees in a common-fund case to be calculated under the percentage approach and noting factors to be considered in determining the percentage). The settlement classes and subclasses have been properly certified. The consent order has been properly implemented to this point. All procedural requirements have been met.
These individuals have opted out: Duane Armstrong, Allan Barahona, Jesse Bradley, Micheal J. Brooks, Rene Cardona, Timothy Cooper, Gregory Davis, John Davis, Charles Andre Edler, John Ethridge, the Estate of Jose L. Garcia, Al R. Hopkins, John Houts, Mark Hugo, Ricky Jenkins, Shawn Karahalios, Fred Martin, Bobby J. Messer, Troy S. Monn, Charles L. Morris, Andrew Nazworth, Thomas Payne, Justin Sage, Carlton Simmons, and Dale F. Woodyard Jr.
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All objections and motions have been fully considered. None provides a basis to disapprove or alter the terms of the settlement. The implementation of the settlement has consisted of the best practicable effort to identify prisoners who might have claims and to include them in the proper classes, the best practicable notice to all prisoners in an effort to allow the submission of claims by any prisoner who might have been missed, the setting of a reasonable deadline for submission of claims by any such prisoner, and a reasonable methodology for allowing late submission of claims if warranted. That other prisoners have asserted belated claims is not a basis to disapprove the settlement. Without a reasonable methodology and reasonable cutoff, claims of this kind could never be finally settled—a result that would not serve the interests of class members.
The settlement is not an adjudication of the merits and does not speak to the issue of whether the defendants did or did not violate the class members’ rights. The defendants have denied any violation throughout the litigation and continue to do so.
Upon consideration of all relevant factors and for the reasons set out in the September 23, 2016 order, this order, and on the record of the hearing of March 29, 2017, this order finally approves the settlement.
For these reasons, IT IS ORDERED:
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1. The motion to finally approve the settlement, ECF No. 127, is granted. 2. The settlement is finally approved and is binding on the parties and class members. For purposes of this order, the term “class members” means members of the classes and subclasses certified by the order that was entered on September 23, 2016, ECF No. 78, except for those listed above who properly opted out. 3. The parties and class members must comply with the settlement agreement. The named plaintiffs and class members are enjoined from initiating or pursuing any claim that has been released under the settlement agreement. 4. All objections are overruled. 5. These motions are denied as unfounded, unnecessary, or moot:
a. Don Ferguson’s “motion to object,” ECF No. 133. b. Jon Duke DePriest’s “motion for belated objection” and other relief,
ECF No. 156. c. Phillip Collins’s “motion to transport or in the alternative for
telephonic hearing,” ECF No. 159. d. Raymond Johnson’s “motion for joinder of parties,” ECF No. 160,
and second “motion for joinder of parties,” ECF No. 179. e. Scott Meyers’s affidavit, ECF No. 172, which is deemed a motion to
be added to the damages class.
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f. Clyde Stokes’s motion to extend time, ECF No. 187, and motion to be added to the damages class, ECF No. 193.
g. Raymond Johnson’s “motion to compel a response,” ECF No. 194. h. Jon Duke DePriest’s second “motion for belated objection” and other
relief, ECF No. 199. 6. No further relief is granted on these requests or notices, but class counsel should respond as appropriate to inquiries, to the extent that has not already been done: ECF Nos. 74-1, 81-1, 82-1, 82-2, 82-3, 85-1, 87-1, 87-2, 90-1, 90-2, 90-3, 91-1, 91-2, 91-3, 91-4, 92-1, 92-2, 92-3, 94, 96–122, 124-1, 126-1, 128–155, 157, 158, 161, 162, 167–173, 180, 183–186, 188–192, 195–198, 200–212, 214, and 215. 7. All claims of the named plaintiff and class members are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41. 8. Jurisdiction is retained to enforce the settlement agreement and the order to comply with the settlement agreement. 9. The clerk must enter judgment stating, “The parties and class members are ordered to comply with the settlement agreement. The named plaintiffs and class members are enjoined from initiating or pursuing any claim that has been released under the settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement and not to initiate or pursue any claim
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that has been released under the settlement agreement. All claims in this case are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41.”
10. The clerk must close the file. 11. A party who objects to the terms of this order or the judgment to be entered based on this order must file a timely motion to alter or amend under Federal Rule of Civil Procedure 59(e). SO ORDERED on September 11, 2017.
s/Robert L. Hinkle United States District Judge
Case No. 4:15cv452-RH/CAS

 
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IN THE UNITED STATES DISTRICT COURT FOR THE NORTHERN DISTRICT OF FLORIDA TALLAHASSEE DIVISION

TRACY COPELAND et al., Plaintiffs,
v. JULIE L. JONES, etc., et al.,
Defendants. _______________________________/

CASE NO. 4:15cv452-RH/CAS

ORDER APPROVING CLAIMS, OVERRULING MR. PARKHURST’S OBJECTIONS, AND DENYING MR. DePRIEST’S MOTION FOR RECONSIDERATION

The plaintiffs in this class action challenged the treatment of hernias by the Florida Department of Corrections and its prior contracted medical provider, Corizon LLC. There were separate injunctive and damages classes. A settlement has been approved. This order addresses two pending motions and one belated objection. A separate order will address additional motions that were filed while this order was in final proofreading.
First, the plaintiffs have moved to approve the qualified and unqualified claims of damages-class members. The defendants consent.

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Second, Jon Duke DePriest has moved to reconsider the overruling of his “motion for belated objection and relief from court order establishing deadline for eligible party to be added as damages class member.” ECF Nos. 156, 199 (capitalization altered). In the objections Mr. DePriest asked for additional time to “opt in” to the class. Id. at 5.
Third, Derrick R. Parkhurst, a Wyoming prisoner whose motion to intervene was denied, has filed an objection to the order approving the settlement based on his appeal of the denial of intervention. The United States Court of Appeals for the Eleventh Circuit has dismissed the appeal as frivolous. This order overrules the objection without further discussion.
I The damages class consists of prisoners in the Department of Corrections who were diagnosed with or treated for a hernia between September 8, 2013 and May 31, 2016 at a Department facility at which Corizon was the medical provider. Mr. DePriest was a prisoner in a Department facility at which Corizon was the medical provider. He was not included in the list the plaintiffs compiled of potential damages-class members. He asserts that he learned of the settlement of this action in November 2016 when he read an injunctive-class notice. The notice said damages-class members would receive a notice in the mail and continued: “If you have been diagnosed with a hernia and did not receive a notice in the mail, you
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may write to Class Counsel at the address below so that they can attempt to verify whether you qualify to receive a monetary settlement, but not everyone will be receiving money.” ECF No. 156 at 6.
The deadline to request inclusion in the damages class was December 16, 2016. Mr. DePriest did not contact class counsel and did not request inclusion in the damages class before the deadline. He says he was unaware of the deadline. He says he contacted class counsel later and was told he could not be added to the class because he missed the deadline.
Mr. DePriest mailed to the court on March 7, 2017 a “motion for belated objection and relief from court order establishing deadline for eligible party to be added as a damages class member.” ECF No. 156 (capitalization altered). He acknowledged that he learned of the settlement in November 2016 and waited until mid December before contacting—or even attempting to contact—class counsel. He said he had been diagnosed since 2012 with an “Imbilical Hernia”— presumably a reference to an umbilical hernia. Id. at 2. On June 29, 2017, Mr. DePriest submitted another copy of the same motion. ECF No. 199.
The order of September 11, 2017, finally approved the settlement. The order included this paragraph:
All objections and motions have been fully considered. None provides a basis to disapprove or alter the terms of the settlement. The implementation of the settlement has consisted of the best practicable effort to identify prisoners who might have claims and
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to include them in the proper classes, the best practicable notice to all prisoners in an effort to allow the submission of claims by any prisoner who might have been missed, the setting of a reasonable deadline for submission of claims by any such prisoner, and a reasonable methodology for allowing late submission of claims if warranted. That other prisoners have asserted belated claims is not a basis to disapprove the settlement. Without a reasonable methodology and reasonable cutoff, claims of this kind could never be finally settled—a result that would not serve the interests of class members. ECF No. 217 at 3.
II This record shows or suggests the following chronology of Mr. DePriest’s hernias and treatment within the Department of Corrections: On April 14, 2011, Mr. DePriest received a health pass to sleep on a low bunk and wear an abdominal builder. He was restricted from lifting, bending, and other physical activities. ECF No. 156 at 27-28. On April 19, 2011, Mr. DePriest completed a health appraisal form. Id. at 11. He listed two hernias as current medical problems but did not specify the types of hernias. He reported an extensive history of other medical conditions. Id. On April 20, 2011, the Department printed a health problem list for Mr. DePriest with an entry noting an onset date of 2005 for an inguinal hernia. Id. at 30. An entry was added, perhaps on May 11, 2011, noting a urethral hernia, perhaps with an onset that same day. Id.
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On January 9, 2012, Mr. DePriest presented at a Department “chronic illness clinic.” A record of the visit apparently prepared by a medical professional— perhaps a doctor—is difficult to read. There may be a reference to an umbilical hernia. There is no apparent reference to an inguinal or hiatal hernia. Id. at 12.
The events described to this point all occurred long prior to the opening date for the damages class, September 8, 2013.
On September 30, 2015—within the damages-class period—Mr. DePriest filed a grievance alleging, among other things, that he had been waiting for hernia repair since 2013. He referred to hiatal and inguinal hernias and said a specialist had said each could be repaired with a simple outpatient procedure. A nurse responded to the grievance on October 8, 2015, saying Mr. DePriest’s medical file had “no such documentation,” that surgeries were performed when “deemed medically indicated,” and that elective surgeries were “not performed any more than in the community.” Id. at 13. The grievance and response do not indicate that Mr. DePriest was diagnosed with or treated for a hernia within the damages-class period.
On December 16, 2015, Mr. DePriest filed a sick-call request stating he had signed two requests for surgical consults but was now being told that the requests were not in his medical file. He asked for an explanation. Id. at 14. The record does not include any response. The sick-call request did not indicate when Mr. DePriest
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submitted the requests for consults and does not indicate that Mr. DePriest was diagnosed with or treated for a hernia within the damages-class period.
On June 14, 2016, after the end of the damages-class period, Mr. DePriest filed a sick-call request stating he was experiencing moderate to severe pain due to a hiatal hernia. He said he had had the hernia since 2012 and that surgery to repair it was scheduled in 2014 but canceled by Corizon. Id. at 15. The record does not include any response. The record does not include any documentation that Mr. DePriest was scheduled for hernia surgery in 2014.
On June 20, 2016, an “abdominal pain report” listed Mr. DePriest’s chief complaints as “hernia worse” and “more pain.” The report said the pain started in 2012, was gradual and intermittent, and that Mr. DePriest had hernia surgery in 2012. Id. at 16. The record does not include any documentation that Mr. DePriest actually had hernia surgery in 2012.
Mr. DePriest saw a doctor on June 28, 2016. Id. at 17. The doctor ordered an abdominal ultrasound, which was performed on July 11, 2016. Id. at 18. The ultrasound showed a periumbilical hernia containing bowel. Id. at 19.
On December 28, 2016, Mr. DePriest filed a sick-call request that said he had a “hiatal hernia which is progressing down [his] abdomen wall.” Id. at 20. He said the hernia had been bothering him since May 2016, that at that time the pain was mild, but that now it was moderate and sometimes severe. Id. Mr. DePriest
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was referred for a surgical consult, which occurred on January 24, 2017. The notes of the consult indicate Mr. DePriest had a reducible but grapefruit-sized umbilical hernia. Id. at 23. A surgery request was submitted. Id. at 26. The record does not indicate whether Mr. DePriest has had surgery.
III The plaintiffs, with the assistance of the defendants, made a reasonable effort—indeed, they went above and beyond—to identify damages-class members. They complied at each step of the process with the orders governing the process. First, the parties knew of or identified during the discovery process some inmates who were damages-class members—that is, inmates who were diagnosed with or treated for hernias during the damages-class period. Second, a search of electronic records identified most damages-class members. The search did not identify Mr. DePriest. This is not surprising—he was seen by medical personnel for hernias before and after, but not during, the damages-class period. Third, a notice was posted in each affected facility. Mr. DePriest saw the notice a month before the deadline for asking to be added to the damages class. He says the notice was inadequate, but it was not. The notice made Mr. DePriest aware of the lawsuit and pending settlement and provided information on how to contact
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class counsel—information that Mr. DePriest used without difficulty to contact class counsel when he got around to doing it.
To be sure, the notice did not give a deadline for contacting class counsel. When the notice was posted, the deadline had not been set. The notice’s main purpose was to provide information to injunctive-class members while also alerting any damages-class members who may have been missed. It was clear that the overwhelming majority of potential damages-class member had already been identified. It was reasonable to believe that most if not all others would promptly contact class counsel. Manually reviewing every medical record from every facility was not feasible. The approach the plaintiffs proposed and the court approved was a reasonable means of identifying class members. Perfection was not feasible and is not required.
In sum, reasonable notice was given to damages-class members. Mr. DePriest’s objections were and are unfounded. The September 11, 2017 order properly overruled the objections.
IV Had Mr. DePriest contacted class counsel before the deadline or timely requested inclusion in the damages class, he still might not have been included in the damages class. He was treated for or diagnosed with a hernia in 2012 and again in 2016—before and after, but not during, the damages-class period. He submitted
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a grievance and sick-call request during the damages period, but neither indicated he had been treated for or diagnosed with a hernia during that period. He asserted he had been scheduled for surgery in 2014, but no documentation supports the assertion, and it is more likely that, if indeed he was scheduled for surgery, it was in 2012—when he complained about and was seen for treatment of a hernia.
The damages class includes only individuals who were treated or diagnosed during the class period--not individuals who were treated or diagnosed only before or after the class period. Any damages claim for events occurring before or after the class period is beyond the scope of this action.
V In sum, the settlement was properly approved and has been properly implemented. Accordingly, IT IS ORDERED: 1. The plaintiffs’ motion to approve qualified and unqualified claims, ECF No. 239, is granted. The claims are approved. 2. Mr. DePriest’s motion to reconsider, ECF No. 225, is denied. 3. Mr. Parkhurst’s untimely objections, ECF No. 226, are overruled. SO ORDERED on December 4, 2017.
s/Robert L. Hinkle United States District Judge
Case No. 4:15cv452-RH/CAS

 
 Case 4:15-cv-00452-RH-CAS Document 393 Filed 08/15/19 Page 1 of 4

UNITED STATES DISTRICT COURT NORTHERN DISTRICT OF FLORIDA
Tallahassee Division

TRACY COPELAND, AMADO PARRA and ARCHIE GREEN, individually and on behalf of a class of persons similarly situated,
Plaintiffs,
v.
MARK S. INCH, in his official capacity as Secretary of the Florida Department of Corrections; and CORIZON, LLC, an out of State corporation registered and doing business in Florida,
Defendants.
______________________________/

Case No. 4:15-CV-00452-RH-CAS

JOINT NOTICE REGARDING THE PARTIES’ AGREEMENT Plaintiffs and Defendant Florida Department of Corrections (FDC), as discussed during the August 13, 2019 status conference, here by provide notice of the following agreement: 1. The FDC will provide the reports required by paragraph 6 of the Consent Order (ECF 78) to Class Counsel every 3 months, instead of every 180 days. 2. The FDC will ensure a monthly high-level review of the report data is completed and that final reports submitted are complete and accurate.

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3. The parties agree to treat a delay of more than 4 months (either between diagnosis and surgical consult, or between surgical consult and surgery) as an “undue delay” under paragraph 5.c of the Consent Order (ECF 78). If there is a delay of 4 months or more between diagnosis and surgical consult, or between surgical consult and surgery, the FDC will provide an explanation for the delay in the reports.
4. The pending Motion to Enforce (ECF 372) should be denied without prejudice to renew if appropriate. The FDC will provide Plaintiffs with two more reports (on September 6, 2019 and December 6, 2019). Plaintiffs will review them and confer with Defendant about any problems or possible violations. The parties will then inform the Court as to whether the issues have been resolved, the Motion to Enforce will be renewed, or as to any other action the parties recommend be taken with respect to the case.
Certificate of Word Count Undersigned counsel, pursuant to Local Rule 7.1(F), certifies the preceding Notice contains 240 words.
2

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Respectfully Submitted,
Dante P. Trevisani, Esq. Fla. Bar No. 72912 DTrevisani@FloridaJusticeInstitute.org Erica A. Selig, Esq. Fla. Bar No. 0120581 ESelig@FloridaJusticeInstitute.org FLORIDA JUSTICE INSTITUTE, INC. 100 S.E. Second Street, suite 3750 Miami, Florida 33131 305.358.2081 305.358.0910 – Fax
Kenneth R. Hartman, Esq. krh@kttlaw.com KOZYAK TROPIN & THROCKMORTON, LLP 2525 Ponce de Leon, 9th Floor Coral Gables, Florida 33134 305.372.1800 305.372.3508 – Fax
By: s/Dante P. Trevisani, Esq. Dante P. Trevisani, Esq.
Attorneys for Plaintiffs
Kirkland E. Reid (REIDK9451) Jones Walker LLP 11 N. Water Street, Suite 1200 Mobile, AL 36602 Tel. (251) 432-1414 (main) Fax (251) 439-7358 Email: kreid@joneswalker.com
By: /s/ Kirkland E. Reid Kirkland E. Reid, Esq.
Attorney for Florida Department of Corrections
3

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CERTIFICATE OF SERVICE I HEREBY CERTIFY that today, August 15, 2019, I filed the foregoing document electronically with the CM/ECF system, which will send notice to all counsel of record.
By: s/ Dante P. Trevisani Dante P. Trevisani, Esq.

 
 Create an Alert for This Case on RECAP

CLOSED,MEDIATION

U.S. District Court Northern District of Florida (Tallahassee) CIVIL DOCKET FOR CASE #: 4:15-cv-00452-RH-CAS

COPELAND et al v. JONES et al Assigned to: JUDGE ROBERT L HINKLE Referred to: MAGISTRATE JUDGE CHARLES A STAMPELOS
Case in other court: USCA, 17-11854-C

Date Filed: 09/16/2015 Date Terminated: 09/11/2017 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

USCA, 17-15712-B

USCA, 18-10057-B

USCA, 18-12022-E

Cause: 28:1331 Federal Question: Other Civil Rights

Plaintiff

TRACY COPELAND

represented by DOUGLAS WOLFE WOLFE PINCAVAGE LLP - MIAMI FL 2937 SW 27TH AVENUE SUITE 203 MIAMI, FL 33133 786-509-9755 Email: daw@kttlaw.com TERMINATED: 04/01/2018 LEAD ATTORNEY

RANDALL CHALLEN BERG FLORIDA JUSTICE INSTITUTE INC MIAMI FL 3750 BANK OF AMERICA TOWER 100 SE SECOND ST MIAMI, FL 33131 305-358-2081 Fax: 305-358-0910 Email: rberg@floridajusticeinstitute.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

DANTE PASQUALE TREVISANI FLORIDA JUSTICE INSTITUTE INCMIAMI FL 100 SE 2ND ST 3750 BANK OF AMERICA TWR MIAMI, FL 33131

Plaintiff AMADO PARRA

305-358-2081 Fax: 305-358-0910 Email: dtrevisani@floridajusticeinstitute.org ATTORNEY TO BE NOTICED
ERICA SELIG 3750 MIAMI TOWER 100 SE SECOND STREET MIAMI, FL 33131 786-342-6918 Email: eselig@floridajusticeinstitute.org
ATTORNEY TO BE NOTICED
KENNETH RALPH HARTMANN KOZYAK TROPIN & THROCKMORTON - CORAL GABLES FL 2525 PONCE DE LEON 9TH FL CORAL GABLES, FL 33134 305-372-1800 Fax: 305-372-3508 Email: krh@kttlaw.com ATTORNEY TO BE NOTICED
represented by DOUGLAS WOLFE (See above for address) TERMINATED: 04/01/2018 LEAD ATTORNEY
RANDALL CHALLEN BERG (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DANTE PASQUALE TREVISANI (See above for address) ATTORNEY TO BE NOTICED
ERICA SELIG (See above for address) ATTORNEY TO BE NOTICED
KENNETH RALPH HARTMANN (See above for address) ATTORNEY TO BE NOTICED

Plaintiff ARCHIE GREEN
Plaintiff CURTIS WESTER V. Intervenor Plaintiff DERRICK R PARKHURST TERMINATED: 10/03/2017
V. Defendant JULIE L JONES SECRETARY OF DEPARTMENT OF CORRECTIONS

represented by DOUGLAS WOLFE (See above for address) TERMINATED: 04/01/2018 LEAD ATTORNEY
RANDALL CHALLEN BERG (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
DANTE PASQUALE TREVISANI (See above for address) ATTORNEY TO BE NOTICED
ERICA SELIG (See above for address) ATTORNEY TO BE NOTICED
KENNETH RALPH HARTMANN (See above for address) ATTORNEY TO BE NOTICED
represented by DERRICK R PARKHURST 12119 WYOMING STATE PENITENTIARY PO BOX 400 RAWLINS, WY 82301 PRO SE
represented by DANIEL RYAN RUSSELL JONES WALKER LLP TALLAHASSEE P O BOX 351 TALLAHASSEE, FL 32302-0351 561-859-7444 Email: drussell@joneswalker.com ATTORNEY TO BE NOTICED

Defendant CORIZON LLC

KIRKLAND EDWARD REID THE FINLEY FIRM - COLUMBUS GA 200 13TH STREET COLUMBUS, GA 31901 706-322-6226 Email: kreid@thefinleyfirm.com ATTORNEY TO BE NOTICED
LISA KUHLMAN TIETIG OFFICE OF THE ATTORNEY GENERAL - TALLAHASSEE FL THE CAPITOL STE PL-01 400 S MONROE ST TALLAHASSEE, FL 32399 850-414-3300 Fax: 850-488-4872 Email: lisa.kuhlman@coane.com TERMINATED: 03/24/2016 ATTORNEY TO BE NOTICED
MARC WESLEY DUNBAR JONES WALKER LLP TALLAHASSEE 215 S MONROE STREET SUITE 130 TALLAHASSEE, FL 32301 850-425-7800 Fax: 850-425-7818 Email: mdunbar@joneswalker.com ATTORNEY TO BE NOTICED
WILLIAM WARREN GWALTNEY FLORIDA DEPARTMENT OF ENVIRONMENTAL PROTECTION 3900 COMMONWEALTH BLVD MS-35 TALLAHASSEE, FL 32399 850-245-2247 Fax: 850-245-2298 Email: bill.gwaltney@dep.state.fl.us TERMINATED: 03/24/2016 ATTORNEY TO BE NOTICED
represented by JAMES TIMOTHY MOORE , JR GRAYROBINSON PA TALLAHASSEE FL 301 S BRONOUGH ST STE 600

TALLAHASSEE, FL 32301 850-577-9090 Fax: 850-577-3311 Email: tim.moore@gray-robinson.com TERMINATED: 01/30/2018 LEAD ATTORNEY
GEORGE N MEROS , JR HOLLAND & KNIGHT LLP TALLAHASSEE FL 315 S CALHOUN STREET SUITE 600 TALLAHASSEE, FL 32301 850-425-7000 Email: gmeros@shutts.com ATTORNEY TO BE NOTICED
MATTHEW REEVES MAYNARD COOPER & GALE PC HUNTSVILLE AL 655 GALLATIN ST SW HUNTSVILLE, AL 35801 256-562-1155 Email: mreeves@maynardcooper.com TERMINATED: 09/16/2016 ATTORNEY TO BE NOTICED
STEPHEN CLARENCE ROGERS MAYNARD COOPER & GALE PC HUNTSVILLE AL 655 GALLATIN ST SW HUNTSVILLE, AL 35801 256-512-5739 Fax: 256-512-0119 Email: srogers@maynardcooper.com ATTORNEY TO BE NOTICED
WILLIAM RICHARD LUNSFORD MAYNARD COOPER & GALE PC HUNTSVILLE AL 655 GALLATIN ST SW HUNTSVILLE, AL 35801 256/551-0171 Fax: 256/512-0119 Email: blunsford@maynardcooper.com ATTORNEY TO BE NOTICED

Date Filed # Docket Text

09/16/2015
09/16/2015 09/16/2015 09/17/2015
09/22/2015 09/29/2015 09/30/2015 10/01/2015 10/07/2015 10/07/2015
10/14/2015 10/14/2015 10/26/2015
10/30/2015

1 COMPLAINT for Damages and Injunctive Relief against All Defendants ( Filing fee $ 400 receipt number 1129-3365098.), filed by Tracy Copeland, Archie Green, Amado Parra. (Attachments: # 1 Civil Cover Sheet) (BERG, RANDALL) (Entered: 09/16/2015)
2 NOTICE of Filing Summonses to be Issued by Tracy Copeland, Archie Green, Amado Parra re 1 Complaint (Attachments: # 1 Exhibit) (BERG, RANDALL) (Entered: 09/16/2015)
3 Summons Issued as to Corizon, LLC, JULIE L JONES. (Attachments: # 1 Summons) (dac) (Entered: 09/16/2015)
4 DOCKET ANNOTATION BY COURT: 1) NOTE to Filer: A reminder that party names (including aliases) are to be added using all caps and no punctuation. (See "Style Guide for Electronic Case Filing," available on Clerk's website.) The party names will be corrected by the clerk. 2) Civil Cover Sheet must be filed separately: Re 1 Complaint. (dac) (Entered: 09/17/2015)
5 NOTICE of Appearance by DANTE PASQUALE TREVISANI on behalf of All Plaintiffs (TREVISANI, DANTE) (Entered: 09/22/2015)
6 NOTICE of Appearance by WILLIAM WARREN GWALTNEY on behalf of JULIE L JONES (GWALTNEY, WILLIAM) (Entered: 09/29/2015)
7 SUMMONS Returned Executed by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. CORIZON LLC served on 9/24/2015, answer due 10/15/2015. (TREVISANI, DANTE) (Entered: 09/30/2015)
8 SUMMONS Returned Executed by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. JULIE L JONES served on 9/23/2015, answer due 10/14/2015. (TREVISANI, DANTE) (Entered: 10/01/2015)
9 MOTION for Extension of Time to File Response/Reply Unopposed by JULIE L JONES. (GWALTNEY, WILLIAM) (Entered: 10/07/2015)
10 ORDER EXTENDING THE DEFENDANT JONESS DEADLINE TO RESPOND TO THE COMPLAINT: The defendant Julie L. Joness unopposed motion, ECF No. 9 , to extend the deadline to respond to the complaint is GRANTED. The deadline is extended to 12/14/2015. (Internal deadline for referral to judge if response not filed earlier: 12/14/2015.) Signed by JUDGE ROBERT L HINKLE on 10/7/2015. (dac) (Entered: 10/09/2015)
11 NOTICE of Appearance by GEORGE N MEROS, JR on behalf of CORIZON LLC (MEROS, GEORGE) (Entered: 10/14/2015)
12 MOTION for Extension of Time to File Answer re 1 Complaint by CORIZON LLC. (MEROS, GEORGE) (Entered: 10/14/2015)
13 ORDER EXTENDING THE DEFENDANT CORIZONS DEADLINE TO RESPOND TO THE COMPLAINT: The defendant Corizon LLCs unopposed motion, ECF No. 12 , to extend the deadline to respond to the complaint is GRANTED. The deadline is extended to 12/14/2015.(Internal deadline for referral to judge if response not filed earlier: 12/14/2015.) Signed by JUDGE ROBERT L HINKLE on 10/26/2015. (dac) (Entered: 10/27/2015)
14 NOTICE of Appearance by WILLIAM RICHARD LUNSFORD on behalf of

10/30/2015 11/10/2015 11/11/2015 12/14/2015 12/14/2015 12/15/2015
12/15/2015
12/15/2015
12/21/2015 12/21/2015 12/24/2015

CORIZON LLC (LUNSFORD, WILLIAM) (Entered: 10/30/2015)
15 NOTICE of Appearance by STEPHEN CLARENCE ROGERS on behalf of CORIZON LLC (ROGERS, STEPHEN) (Entered: 10/30/2015)
16 NOTICE of Appearance by KENNETH RALPH HARTMANN on behalf of All Plaintiffs (HARTMANN, KENNETH) (Entered: 11/10/2015)
17 NOTICE of Appearance by LISA KUHLMAN TIETIG on behalf of JULIE L JONES (TIETIG, LISA) (Entered: 11/11/2015)
18 Second MOTION for Extension of Time to File Answer re 1 Complaint by CORIZON LLC, JULIE L JONES. (MEROS, GEORGE) (Entered: 12/14/2015)
19 MOTION for Extension of Time to File Motion for Class Certification by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (TREVISANI, DANTE) (Entered: 12/14/2015)
20 INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 12/29/2015. Rule 26 Meeting Report due by 1/28/2016. Discovery due by 4/13/2016.. Signed by JUDGE ROBERT L HINKLE on 12/15/2015. (jws) (Entered: 12/16/2015)
21 ORDER EXTENDING THE DEADLINE TO RESPOND TO THE COMPLAINT re Defendants' 18 Second MOTION for Extension of Time to File Answer is GRANTED. (Answer due by 12/21/2015.). Signed by JUDGE ROBERT L HINKLE on 12/15/2015. (jws) (Entered: 12/16/2015)
22 ORDER EXTENDING THE DEADLINE TO MOVE FOR CLASS CERTIFICAION re Plantiff's 19 Unopposed Motion to Extend Deadline to move for class certification under Federal Rule of Civil Procedure 23(b)(2) is GRANTED. Deadline to move to certify a 23(b)(3) class will be set in a scheduling order entered after the parties file their 26(f) report. (Class Certificate Deadline - by 1/15/2016.). Signed by JUDGE ROBERT L HINKLE on 12/15/2015. (jws) (Entered: 12/16/2015)
23 Corizon, LLC's ANSWER to 1 Complaint by CORIZON LLC. (MEROS, GEORGE) (Entered: 12/21/2015)
24 ANSWER to 1 Complaint by JULIE L JONES. (GWALTNEY, WILLIAM) (Entered: 12/21/2015)
25 MOTION to Certify Class by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (Internal deadline for referral to judge if response not filed earlier: 1/11/2016). (Attachments: # 1 Exhibit 1 - Declaration of Dr. Nicholas Namias, # 2 Exhibit 2 - Hernia Belt Pamphlet, # 3 Exhibit 3 - FDOC Health Service Bulletin 15.09.04, # 4 Exhibit 4 - Corizon Contract, # 5 Exhibit 5 - Palm Beach Post Article, # 6 Exhibit 6 - Utilization Management Printout, # 7 Exhibit 7 Declaration of Tracy Copeland, # 8 Exhibit 8 - Declaration of Archie Gren, # 9 Exhibit 9 - Declaration of Amado Parra, # 10 Exhibit 10 - Declaration of John Vargas, # 11 Exhibit 11 - Declaration of Daniel Papineau, # 12 Exhibit 12 Declaration of Tim James, # 13 Exhibit 13 - Declaration of Lester Smith, # 14 Exhibit 14 - Declaration of Juan Espinosa, # 15 Exhibit 15 - Declaration of Byron Green, # 16 Exhibit 16 - Declaration of Gary Johnson, # 17 Exhibit 17 -

12/24/2015 01/04/2016 01/05/2016 01/06/2016
01/06/2016 01/07/2016 01/08/2016 01/08/2016 01/11/2016

Declaration of McKinley Parker, # 18 Exhibit 18 - Declaration of Darious Wilcox, # 19 Exhibit 19 - Declaration of Bobby Roberts, # 20 Exhibit 20 - Declaration of Robert Milliord, # 21 Exhibit 21 - Declaration of Cires Gomes, # 22 Exhibit 22 Declaration of Billy Wilson, # 23 Exhibit 23 - Declaration of Daniel Ozella, # 24 Exhibit 24 - Declaration of Lonnie Hollingsworth, # 25 Exhibit 25 - Declaration of Michael Ruggiero, # 26 Exhibit 26 - Declaration of Marcus Gaynor, # 27 Exhibit 27 - Declaration of Charles Edler, # 28 Exhibit 28 - Declaration of Arley Brock, # 29 Exhibit 29 - Declaration of Jeffrey Burton, # 30 Exhibit 30 Declaration of Alexander Myers, # 31 Exhibit 31 - Declaration of of Richard Monroe, # 32 Exhibit 32 - Declaration of Robert Barnason, # 33 Exhibit 33 Declaration of Bradley Hurley, # 34 Exhibit 34 - Declaration of Arnicious Odom, # 35 Exhibit 35 - Declaration of Larry Hollingsworth) (TREVISANI, DANTE) (Entered: 12/24/2015)
Set/Reset Deadlines as to 25 MOTION to Certify Class . (Internal deadline for referral to judge if response not filed earlier: 1/11/2016). (amm) (Entered: 12/28/2015)
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 20 Order - Corp Disclosure Stmt due as to CORIZON LLC (tdl) (Entered: 01/04/2016)
26 Corporate Disclosure Statement/Certificate of Interested Persons by CORIZON LLC identifying Corporate Parent Valitas Health Services, Inc., Corporate Parent Valitas Equity LLC, Corporate Parent Corizon Health, Inc., Corporate Parent Valitas Inc. for CORIZON LLC.. (MEROS, GEORGE) (Entered: 01/05/2016)
27 MOTION for Preliminary Injunction by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (Attachments: # 1 Exhibit A - Crews Letter to Corizon, # 2 Exhibit B - CMA Email to Jones, # 3 Exhibit C - Corizon Termination Letter, # 4 Exhibit D - Declaration of Edgar Munoz, # 5 Exhibit E Declaration of Charles Mierke, # 6 Exhibit F - Declaration of Patrick Sluyter, # 7 Exhibit G - Declaration of Dean Balikos, # 8 Exhibit H - Declaration of Raymond Senterfitt, # 9 Exhibit I - Declaration of Lester Smith (updated)) (TREVISANI, DANTE) (Entered: 01/06/2016)
Set Deadlines re 27 Motion: (Internal deadline for referral to judge if response not filed earlier: 1/25/2016). (tdl) (Entered: 01/07/2016)
28 Consent MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Certify Class , 27 MOTION for Preliminary Injunction by CORIZON LLC. (MEROS, GEORGE) (Entered: 01/07/2016)
29 MOTION Motion for Admission Pro Hac Vice by CORIZON LLC. (Attachments: # 1 Exhibit Certificate of Good Standing) (REEVES, MATTHEW) (Entered: 01/08/2016)
30 Consent MOTION for Extension of Time to File Response/Reply as to 25 MOTION to Certify Class , 27 MOTION for Preliminary Injunction by JULIE L JONES. (GWALTNEY, WILLIAM) (Entered: 01/08/2016)
31 ORDER EXTENDING THE DEADLINE TO RESPOND TO THE MOTIONS FOR CLASS CERTIFICATION AND FOR A PRELIMINARY INJUNCTION -

01/18/2016
01/18/2016 01/28/2016 02/26/2016 02/28/2016 02/28/2016
03/01/2016 03/04/2016 03/04/2016 03/07/2016

The defendant Corizon, LLC's unopposed motion, ECF No. 28 , to extend the deadline to respond to the motions for class certification and for a preliminary injunction is GRANTED. (Internal deadline for referral to judge if response not filed earlier: 2/26/2016). Signed by JUDGE ROBERT L HINKLE on 1/11/2016. (tdl) (Entered: 01/11/2016)
32 ORDER EXTENDING THE DEADLINE TO RESPOND TO THE MOTIONS FOR CLASS CERTIFICATION AND FOR A PRELIMINARY INJUNCTION The defendant Julie L. Jones's unopposed motion, ECF No. 30 , to extend the deadline to respond to the motions for class certification and for a preliminary injunction is GRANTED. (Internal deadline for referral to judge if response not filed earlier: 2/26/2016). Signed by JUDGE ROBERT L HINKLE on 1/18/2016. (tdl) (Entered: 01/19/2016)
33 ORDER granting 29 LEAVE TO APPEAR PRO HAC VICE (of MATTHEW REEVES, effective upon payment of the appropriate fee). Signed by JUDGE ROBERT L HINKLE on 1/18/2016. (tdl) (Entered: 01/19/2016)
34 REPORT of Rule 26(f) Planning Meeting. (BERG, RANDALL) (Entered: 01/28/2016)
35 MOTION for Extension of Time to File Defendants' Unopposed Motion for Extension of Time, To Enter A Scheduling Order, And For A Scheduling Conference by CORIZON LLC. (REEVES, MATTHEW) (Entered: 02/26/2016)
36 ORDER DIRECTING THE CLERK TO SET A SCHEDULING CONFERENCE - The motion to extend deadlines and set a scheduling conference, ECF No. 35 , is granted in part. The clerk must set a scheduling conference by telephone. Signed by JUDGE ROBERT L HINKLE on 2/28/2016. (tdl) (Entered: 02/29/2016)
37 SCHEDULING AND MEDIATION ORDER re: 34 Report: (Discovery due by 6/15/2017., Dispositive Motions to be filed by 6/18/2017., Mediation Report due by 7/13/2017., Motion to Certify Class due by 5/31/2016., Response to Motion for Summary Judgment & Motion to Certify a Class due by by 3/21/2016., Jury Trial set for 11/6/2017 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.), Case referred to mediation. Signed by JUDGE ROBERT L HINKLE on 2/28/2016. (tdl) (Entered: 02/29/2016)
38 NOTICE of Appearance by KIRKLAND EDWARD REID on behalf of JULIE L JONES (REID, KIRKLAND) (Entered: 03/01/2016)
39 Joint MOTION to Substitute Attorney Unopposed by All Parties by JULIE L JONES. (GWALTNEY, WILLIAM) (Entered: 03/04/2016)
40 Joint MOTION for Protective Order for Qualified HIPAA Protective Order and attached Agreed HIPAA Qualified Protective Order by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (Attachments: # 1 Exhibit A -- Agreed Protective Order) (BERG, RANDALL) (Entered: 03/04/2016)
41 NOTICE OF TELEPHONIC HEARING: Telephonic Scheduling Conference set for 3/24/2016 01:30 PM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.

Parties are instructed to call (850) 521-3601 at the time of hearing.
NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 03/07/2016)

03/14/2016
03/17/2016 03/18/2016 03/23/2016

42 Joint MOTION to Extend TimeFor an Enlargement of Pretrial Deadlines to Conduct Early Mediation by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (BERG, RANDALL) (Entered: 03/14/2016)
43 MOTION for Hearing Brief Scheduling Conference by CORIZON LLC. (MEROS, GEORGE) (Entered: 03/17/2016)
44 ORDER TOLLING DEADLINES. Signed by JUDGE ROBERT L HINKLE on 3/18/16. (sms) (Entered: 03/18/2016)
45 NOTICE OF RESCHEDULED TELEPHONIC HEARING: Telephonic Scheduling Conference reset for 3/28/2016 10:00 AM EDT before JUDGE ROBERT L HINKLE.

Parties are instructed to call (850) 691-0704 at the time of hearing.

NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.

s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 03/23/2016)

03/24/2016 03/24/2016 03/28/2016

46 ORDER SUBSTITUTING ATTORNEYS - The motion to substitute counsel, ECF No. 39 , is GRANTED. Added attorney DANIEL RYAN RUSSELL for JULIE L JONES. Attorney WILLIAM WARREN GWALTNEY and LISA KUHLMAN TIETIG terminated. Signed by JUDGE ROBERT L HINKLE on 3/24/2016. (tdl) (Entered: 03/24/2016)
47 AGREED HIPAA QUALIFIED PROTECTIVE ORDER re 40 Joint MOTION. The Court hereby enters a HIPAA Qualified Protective Order, as that term is defined in the foregoing regulations. Signed by JUDGE ROBERT L HINKLE on 3/24/2016. (tdl) (Entered: 03/24/2016)
48 ORDER AMENDING THE SCHEDULE - The motion to extend pretrial

03/28/2016
04/18/2016
04/21/2016 04/21/2016 04/21/2016 04/26/2016
04/29/2016 05/02/2016 05/06/2016 05/10/2016 05/19/2016 05/31/2016 06/01/2016 06/01/2016

deadlines, ECF No. 42 , is granted. (Internal deadline for referral to judge if response to the class-certification and preliminary-injunction is not filed earlier: 6/3/2016)., Join additional parties or Amend Pleadings due by 6/24/2016., Motion to Certify Class due by 8/5/2016.) Signed by JUDGE ROBERT L HINKLE on 3/28/2016. (tdl) (Entered: 03/28/2016)
49 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE:Scheduling Conference held on 3/28/2016. Parties address the schedule for the case. Ruling by Court: The schedule is revised. (Court Reporter Judy Gagnon) (erl) (Entered: 03/29/2016)
50 Joint MOTION for Entry of Stipulated Confidentiality Order by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (Attachments: # 1 Text of Proposed Order Stipulated Confidentiality Order) (TREVISANI, DANTE) (Entered: 04/18/2016)
51 MOTION for Discovery Motion for Leave to Depose Incarcerated Persons by CORIZON LLC. (REEVES, MATTHEW) (Entered: 04/21/2016)
52 STIPULATED CONFIDENTIALITY ORDER. Signed by JUDGE ROBERT L HINKLE on 4/21/2016. (tdl) (Entered: 04/21/2016)
Set Deadline re 51 Motion: (Internal deadline for referral to judge if response not filed earlier: 5/5/2016). (tdl) (Entered: 04/22/2016)
53 ORDER GRANTING LEAVE TO DEPOSE WITNESSES IN CUSTODY - The defendant's Corizon, LLC's consented motion, ECF No. 51 , for leave to depose the plaintiffs Amado Parra, Tracy Copeland, and Archie Green is granted. Signed by JUDGE ROBERT L HINKLE on 4/26/2016. (tdl) (Entered: 04/27/2016)
54 REQUEST TO JOIN AS CLASS PLAINTIFF. (tdl) Modified on 5/10/2016 to correct event (tdl). (Entered: 05/02/2016)
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 54 REQUEST TO JOIN AS CLASS PLAINTIFF (tdl) (Entered: 05/02/2016)
55 MEDIATION REPORT - Settled. (SCHAFER, HARRY) (Entered: 05/06/2016)
56 ORDER DENYING THE 54 MOTION TO JOIN AS A CLASS PLAINTIFF. Signed by JUDGE ROBERT L HINKLE on 5/10/2016. (tdl)**Order mailed to Prisoner** (Entered: 05/10/2016)
57 ORDER FOR DISMISSAL - (Motion to Approve Settlement or Report due by 5/31/2016.) Signed by JUDGE ROBERT L HINKLE on 5/19/2016. (tdl) (Entered: 05/19/2016)
58 Joint MOTION to Extend Time to File Motion to Approve Settlement, and Status Report by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (TREVISANI, DANTE) (Entered: 05/31/2016)
59 NOTICE of Appearance by ERICA SELIG on behalf of All Plaintiffs (SELIG, ERICA) (Entered: 06/01/2016)
60 ORDER EXTENDING THE DEADLINE TO MOVE TO APPROVE SETTLEMENT AND TOLLING OTHER DEADLINES - The motion, ECF No.

06/29/2016 06/29/2016 07/07/2016
07/19/2016 08/02/2016 08/04/2016

58 , to extend the deadline to move for approval of the pending settlement is granted. (Motion to Approve Settlement or Report due by 6/30/2016.) Signed by JUDGE ROBERT L HINKLE on 6/1/2016. (tdl) (Entered: 06/02/2016)
61 MOTION to Extend Time by CORIZON LLC. (REEVES, MATTHEW) (Entered: 06/29/2016)
62 NOTICE of Plaintiffs' No Opposition to Defendants' Motion for Extension (DE 61) by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA re 61 MOTION to Extend Time (BERG, RANDALL) (Entered: 06/29/2016)
63 ORDER EXTENDING THE DEADLINE TO MOVE TO APPROVE SETTLEMENT, RESETTING OTHER DEADLINES, AND SETTING THE TRIAL - The unopposed motion, ECF No. 61 , to extend the deadline to move for approval of the pending settlement is granted. (Dispositive Motions to be filed by 1/8/2017., Discovery due by 10/9/2017., Joinder of Parties or Amend Pleadings due by 9/19/2016., Defendant's Response to Motion to Certify Class & Preliminary Motions due by 10/24/2016., Motion to Certify Class due by 10/3/2016., Jury Trial set for1 2/5/2018 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.) Signed by JUDGE ROBERT L HINKLE on 7/7/2016. (tdl) (Entered: 07/07/2016)
64 NOTICE of Trial Conflict by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (BERG, RANDALL) (Entered: 07/19/2016)
65 ORDER RESCHEDULING THE TRIAL AND AMENDING RELATED DEADLINES re 64 Notice. (Dispositive Motions to be filed by 10/25/2017., Discovery due by 9/25/2017., Jury Trial set for 1/2/2018 08:15 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE.) Signed by JUDGE ROBERT L HINKLE on 8/2/2016. (tdl) (Entered: 08/03/2016)
66 NOTICE OF HEARING: Class-Certification and Preliminary-Injunction Hearing set for 11/18/2016 09:00 AM EST before JUDGE ROBERT L HINKLE, United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301.

NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.

s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 08/04/2016)

08/04/2016

67 NOTICE OF RESCHEDULED HEARING: Jury Trial reset for the trial period that begins on 1/2/2018 08:15 AM before JUDGE ROBERT L HINKLE, United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301.

NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 08/04/2016)

08/31/2016 09/02/2016
09/06/2016 09/16/2016 09/19/2016
09/20/2016

68 NOTICE by Mediator Regarding Deadline to File Motion to Approve Settlement by Harry Richard Schafer (SCHAFER, HARRY) (Entered: 08/31/2016)
69 ORDER EXTENDING THE DEADLINE TO MOVE TO APPROVE SETTLEMENT - Based on the mediator's report, ECF No. 68 , the deadline to move to approve settlement is extended to 9/18/2016. The trial date and all other deadlines, including those in the order of August 2, 2016, ECF No. 65 , remain in place. Signed by JUDGE ROBERT L HINKLE on 9/2/2016. (cle) (Entered: 09/06/2016)
70 MOTION to Withdraw as Attorney by CORIZON LLC. (REEVES, MATTHEW) (Entered: 09/06/2016)
71 ORDER GRANTING 70 LEAVE TO WITHDRAW-REEVES. Attorney MATTHEW REEVES terminated. Signed by JUDGE ROBERT L HINKLE on 9/16/2016. (tdl) (Entered: 09/16/2016)
72 Joint MOTION Certify Class, Preliminarily Approve Class Settlement, Provide Notice to Class, and Schedule Fairness Hearing by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (Attachments: # 1 Exhibit A - Consent Order, # 2 Exhibit B - Notice of Proposed Injunctive Class Action Settlement, # 3 Exhibit C - Certification of Notice, # 4 Exhibit D - Notice of Proposed Damages Class Action Settlement - Incarcerated, # 5 Exhibit E - Opt Out Statement, # 6 Exhibit F - Notice of Proposed Damages Class Action Settlement - NonIncarcerated, # 7 Exhibit G - Claim Form, # 8 Exhibit H - Joint Stipulation of Voluntary Dismissal of Defendant Corizon with Prejudice) (TREVISANI, DANTE) Modified on 9/13/2017 (tdl). (Entered: 09/19/2016)
73 NOTICE OF TELEPHONIC HEARING: Telephonic Status Conference set for 9/22/2016 11:00 AM EDT before JUDGE ROBERT L HINKLE, United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301.

Parties are instructed to call (850) 521-3601 at the time of hearing.

NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be

made.
s/ Elizabeth Lawrence Courtroom Deputy Clerk (erl) (Entered: 09/20/2016)

09/20/2016 09/22/2016
09/23/2016 09/23/2016

74 NOTICE OF EX PARTE CONTACT. Signed by JUDGE ROBERT L HINKLE on 9/20/2016. (tdl) (Additional attachment(s) added on 9/21/2016: # 1 Letter) (tdl). (Entered: 09/21/2016)
75 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Telephonic Status Conference held on 9/22/2016. The joint motion for class certification was approved. A consent order will be entered. The Fairness Hearing is set for March 29, 2017, at 11:00 a.m. The hearing on November 18, 2016 is cancelled. The clerk is instructed to prepare a notice of cancellation of that hearing and prepare a notice for a Fairness Hearing for March 29, 2017, at 11:00 a.m. (Court Reporter Judy Gagnon.) (kjw) (Entered: 09/23/2016)
76 NOTICE OF Cancellation of HEARING: Class-Certification and PreliminaryInjunction Hearing set for 11/18/2016 09:00 AM EST before JUDGE ROBERT L HINKLE is CANCELLED. (kjw) (Entered: 09/23/2016)
77 NOTICE OF HEARING: Fairness Hearing set for 3/29/2017 11:00 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301.

NOTE: If you or any party, witness, or attorney in this matter has a disability that requires special accommodation, such as a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Elizabeth Lawrence at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made.

s/ Kimberly Westphal Deputy Clerk (kjw) (Entered: 09/23/2016)

09/23/2016
09/23/2016 09/23/2016 11/22/2016

78 CONSENT ORDER re 72 Joint MOTION Certify Class, Preliminarily Approve Class Settlement, Provide Notice to Class, and Schedule Fairness Hearing. Signed by JUDGE ROBERT L HINKLE on 9/22/16. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit) (sms) (Entered: 09/23/2016)
79 ORDER DENYING MOTIONS AS MOOT - The plaintiffs' initial motion to certify a class, ECF No. 25 , motion for a preliminary injunction, ECF No. 27 , and motion for a scheduling conference, ECF No. 43 , are denied as moot. Signed by JUDGE ROBERT L HINKLE on 9/23/2016. (tdl) (Entered: 09/26/2016)
80 ORDER ON THE SCHEDULING OF THE FAIRNESS HEARING AND NOTICE DEADLINES. Signed by JUDGE ROBERT L HINKLE on 9/23/2016. (tdl) (Entered: 09/27/2016)
81 NOTICE of Filing Objection by TRACY COPELAND, ARCHIE GREEN,

11/30/2016 12/09/2016 12/09/2016 12/16/2016 12/21/2016 12/29/2016 01/17/2017
01/17/2017 01/23/2017 01/25/2017
02/03/2017

AMADO PARRA (Attachments: # 1 Exhibit Objection) (TREVISANI, DANTE) (Entered: 11/22/2016)
82 NOTICE of Filing Objections by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (Attachments: # 1 Exhibit Randy Spencer Objection, # 2 Exhibit Andrew Duran Comment, # 3 Exhibit Raymond Claudio Objection) (TREVISANI, DANTE) (Entered: 11/30/2016)
83 Joint MOTION Joint Motion to Approve Verification Procedure Determining Additional Damages Class Members by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (BERG, RANDALL) Modified to terminate per 86 Order on 8/17/2017 (tdl). (Entered: 12/09/2016)
84 Joint MOTION (corrected) to Approve Verification Procedure Determining Additional Damages Class Members by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (BERG, RANDALL) (Entered: 12/09/2016)
85 NOTICE of Filing Objection by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (Attachments: # 1 Exhibit Lawrence Jones Objection) (TREVISANI, DANTE) (Entered: 12/16/2016)
86 ORDER APPROVING CLASS-MEMBER VERIFICATION PROCEDURES The joint motion to approve the verification procedures and deadline set out in the motion, ECF No. 84 , is granted. Signed by JUDGE ROBERT L HINKLE on 12/21/2016. (tdl) (Entered: 12/21/2016)
87 NOTICE of Filing Objections by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (Attachments: # 1 Exhibit Price Objection/Comment, # 2 Errata Munuzuri-Harris Objection/Comment) (TREVISANI, DANTE) (Entered: 12/29/2016)
88 MOTION Enlarge Opt Out and Claim Form Deadline for Additional Class Members by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (Attachments: # 1 Text of Proposed Order Agreed Order Granting Motion for Enlargement of Opt Out and Claim Form Deadline) (TREVISANI, DANTE) (Entered: 01/17/2017)
Set Deadlines re 88 Motion: (Internal deadline for referral to judge if response not filed earlier: 1/31/2017). (tdl) (Entered: 01/18/2017)
89 ORDER EXTENDING THE OPT-OUT AND CLAIM-FORM DEADLINE - The joint motion to extend the opt-out and claim-form deadline for the limited group of 133 additional damages class members, ECF No. 88 , is GRANTED. Signed by JUDGE ROBERT L HINKLE on 1/23/2017. (tdl) (Entered: 01/23/2017)
90 NOTICE of Filing Objections by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (Attachments: # 1 Exhibit Supplemental Statement of Objection - Randy Spencer, # 2 Exhibit Objection/Comment - Kevin Franklin, # 3 Exhibit Objection and Comment - Dijon Johnson) (TREVISANI, DANTE) (Entered: 01/25/2017)
91 NOTICE of Filing Objections by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (Attachments: # 1 Exhibit Objection and/or Comment - Adrian Hernandez, # 2 Exhibit Objection and/or Comment - Julio Perez, # 3 Exhibit

Objection and/or Comment - Elijah Jackson, # 4 Exhibit Objection and/or Comment - David Shuey) (TREVISANI, DANTE) (Entered: 02/03/2017)

02/28/2017

92 NOTICE of Filing Objections by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (Attachments: # 1 Exhibit Nedrick Dodd Objection, # 2 Exhibit Richard Bartron Objection, # 3 Exhibit Clarence Allen Objection) (TREVISANI, DANTE) (Entered: 02/28/2017)

02/28/2017 93 MOTION for Order Directing the Clerk to File the Motion to Intervene, and Motion for Order Freezing Defendants Assets by DERRICK R. PARKHURST. (tdl) (Entered: 02/28/2017)

02/28/2017

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 93 MOTION for Order Directing the Clerk to File the Motion to Intervene, and Motion for Order Freezing Defendants Assets (tdl) (Entered: 02/28/2017)

03/10/2017 94 NOTICE OF HERNIA CLASS ACTION SETTLEMENT by CURTIS WESTER (tdl)**ATTORNEY FRANCHOT A BROWN** (Entered: 03/13/2017)

03/13/2017

95 NOTICE REGARDING ELECTRONIC FILING AND ATTORNEY ADMISSIONS REQUIREMENT as to ATTORNEY FRANCHOT A. BROWN re 94 Notice. (tdl)**Docs. mailed & Called attorney's office** (Entered: 03/13/2017)

03/13/2017 96 NOTICE OF COMMENTS ON THE PROPOSED SETTLEMENT by JENS P. HANSEN #120500 (tdl) (Entered: 03/14/2017)

03/13/2017

Set Deadlines re 95 Notice. Internal deadline for referral to judge if response not filed earlier: 3/27/2017 . (tdl) (Entered: 03/16/2017)

03/14/2017 97 Letter from ANDRE MESA #394578 (tdl) (Entered: 03/14/2017)

03/14/2017 98 Letter from PATRICIA MCFAYDEN #Q10036 (tdl) (Entered: 03/14/2017)

03/14/2017 99 NOTICE OF PROPOSED INJUNCTIVE CLASS ACTION SETTLEMENT INVOLVING MEDICAL TREATMENT OF HERNIAS by RAY DONOVAN NEVELS #O-462931 (tdl) (Entered: 03/14/2017)

03/14/2017 100 Letter from SHANNON GAGE WORKMAN (tdl)**No I.D.** (Entered: 03/14/2017)

03/14/2017 101 Letter from STINSON ALLEN #DC-588376 (tdl) (Entered: 03/14/2017)

03/14/2017 102 Letter from SHERAN SMITH DC#324251 (tdl) (Entered: 03/14/2017)

03/14/2017 103 NOTICE OF OBJECTIONS TO AND COMMENTS ON THE PROPOSED SETTLEMENT by JUSTIN NUNNINK #Y26302 (tdl) (Entered: 03/14/2017)

03/14/2017 104 NOTICE TO OBJECT TO THE PROPOSED SETTLEMENT by LANCE KENNEDY #K62392 (tdl) (Entered: 03/14/2017)

03/14/2017 105 NOTICE OF FAIRNESS HEARING STATEMENT OF OBJECTION by NATHANIEL R. BENDROSS #386721 (tdl) (Entered: 03/14/2017)

03/14/2017 106 NOTICE OF OBJECTIONS by JAMES ROBLES #P07766 (tdl) (Entered: 03/14/2017)

03/14/2017 107 Letter from HERNANDEZ WILEY #167667 (tdl) (Entered: 03/14/2017)
03/14/2017 108 Letter from PATRICK WOODBURN #075585 (tdl) (Entered: 03/14/2017)
03/14/2017 109 NOTICE OF OBJECTION TO/ OR COMMENT by JULIO PEREZ #409067 (tdl) (Entered: 03/14/2017)
03/14/2017 110 NOTICE OF OBJECTION AND/OR COMMENT ON PROPOSED SETTLEMENT by MICHAEL JACKSON #864434 (tdl) (Entered: 03/14/2017)
03/14/2017 111 Letter from JOHN RICHARDS #011005 (tdl) (Entered: 03/14/2017)
03/14/2017 112 NOTICE OF STATEMENT OF OBJECTION by CASH WALLACE PAWLEY, SR. #K09343 (tdl) (Entered: 03/14/2017)
03/15/2017 113 NOTICE OF PLAINTIFF GEARHART'S OBJECTION TO CLASS MEMBER CLASSIFICATION by KENNETH G. GEARHART #832816 (tdl) (Entered: 03/15/2017)
03/15/2017 114 NOTICE OF FAIRNESS HEARING by ANTHONY L. DAVIS #049015 (tdl) (Entered: 03/15/2017)
03/15/2017 115 REQUEST FOR SURGICAL CONSULTATION by PATRICK JOHN TRACEY #600756. (tdl) (Entered: 03/15/2017)
03/15/2017 116 NOTICE re HERNIA CLASS ACTION SETTLEMENT by WILLIAM A. LOWE #D90907 (tdl) (Entered: 03/15/2017)
03/15/2017 117 NOTICE OF OBJECTION re HERNIA CLASS-ACTION SETTLEMENT by DANIEL L. PAPINEAU #091723 (tdl) (Entered: 03/15/2017)
03/15/2017 118 NOTICE OF OBJECTIONS TO PROPOSED SETTLEMENT by PATRICK TRACEY #600756 (tdl) (Entered: 03/15/2017)
03/16/2017 119 NOTICE OF OBJECTION BY VICTOR BARD DAVIDSON #X12077, A FLORIDA PRISONER AFFECTED BY THIS SETTLEMENT (tdl) (Entered: 03/16/2017)
03/16/2017 120 Letter from MOBOYA HARDEN #R51828 (tdl) (Entered: 03/16/2017)
03/16/2017 121 NOTICE OF OBJECTION AND/OR COMMENT ON PROPOSED SETTLEMENT by DOUGLAS W. MOBLEY #104898 (tdl) (Entered: 03/16/2017)
03/16/2017 122 NOTICE OF OBJECTION TO AND/OR COMMENT ON THE PROPOSED SETTLEMENT by DAVID SHUEY #V22099 (tdl) (Entered: 03/16/2017)
03/24/2017 123 NOTICE OF HEARING: Telephonic Status Conference for 3/27/2017 at 10:00 AM in U.S. Courthouse Tallahassee before JUDGE ROBERT L HINKLE. United States Courthouse, Courtroom 5 East, 111 North Adams St., Tallahassee, Florida 32301.
NOTE: THE PARTIES ARE INSTRUCTED TO CALL 850-521-3601
s/ Sherrye Stephens Judicial Assistant (sms) (Entered: 03/24/2017)

03/27/2017 124 NOTICE of Filing Objection by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (Attachments: # 1 Exhibit Burt Setts Objection) (TREVISANI, DANTE) (Entered: 03/27/2017)

03/27/2017 125 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Status Conference held on 3/27/2017. Parties discuss matters that the Court needs to be aware of at the hearing on Wednesday. The fairness hearing is still set for March 29, 2017 at 11:00 am. (Court Reporter Lisa Snyder) (erl) (Entered: 03/27/2017)

03/27/2017 126 NOTICE of Filing Objection by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (Attachments: # 1 Exhibit Jerry Weeks Objection) (TREVISANI, DANTE) (Entered: 03/27/2017)

03/27/2017 127 MOTION Final Approval of Class Action Settlement by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (Attachments: # 1 Exhibit 1 - Declaration of Randall C. Berg, Jr., # 2 Exhibit 2 - Certifications of Notice, # 3 Exhibit 3 Declaration of Mark Patton, # 4 Exhibit 4 - Affidavit of Kenneth Hartmann) (TREVISANI, DANTE) (Entered: 03/27/2017)

03/28/2017

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 94 NOTICE OF HERNIA CLASS ACTION SETTLEMENT - Attorney Admissions Requirement due as to Attorney Franchot A. Brown as to Curtis Wester. (tdl) (Entered: 03/28/2017)

03/28/2017 128 Letter from WEYMAN BOWERS #247343 (tdl) (Entered: 03/28/2017)

03/28/2017 129 NOTICE Invoking 8th Amendment Rights by DALE A. MOORE #N29658 (tdl) (Entered: 03/28/2017)

03/28/2017 130 Letter from EDWARD LENNOX GOSS III #692454 (tdl) (Entered: 03/28/2017)

03/28/2017 131 NOTICE OF INTENTION TO APPEAR by CLARENCE STANLEY ALLEN #J16812 (tdl) (Entered: 03/28/2017)

03/28/2017 132 NOTICE OF CLAIM FORM by TIMOTHY ARTHUR WAGNER POPE #Q11447 (tdl) (Entered: 03/28/2017)

03/28/2017 133 MOTION TO OBJECT by DON FERGUSON #M75435. (tdl) (Entered: 03/28/2017)

03/28/2017 134 Letter from JAMES ROBINSON #J35447 (tdl) (Entered: 03/28/2017)

03/28/2017 135 Letter from JEFFREY THOMAS MANUCY #V07327 (tdl) (Entered: 03/28/2017)

03/28/2017 136 Letter from ROBERT E LOGAN #B-388607 (tdl) (Entered: 03/28/2017)

03/28/2017 137 NOTICE OF STATEMENT OF OBJECTION AND COMMENT ON PROPOSED INJUNCTIVE SETTLEMENT by CLARENCE STANLEY ALLEN #J16812 (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit) (tdl) (Entered: 03/28/2017)

03/28/2017 138 Letter from JEFFREY THOMAS MANUCY #V07327 (tdl) (Entered: 03/28/2017)

03/28/2017 139 Letter from RICHARD COLT JR. #894714 (tdl) (Entered: 03/28/2017)

03/28/2017 140 Letter from STEVE AUSTIN JR. #959695 (tdl) (Entered: 03/28/2017)

03/28/2017 141 NOTICE OF SUPPLEMENT TO PLAINTIFF GEARHART'S OBJECTION TO CLASS MEMBER CLASSIFICATION AND AFFIDAVIT IN SUPPORT by KENNETH GEARHART #832816 (tdl) (Entered: 03/28/2017)
03/28/2017 142 Letter from GENE AMBERT #A50783 (tdl) (Entered: 03/28/2017)
03/28/2017 143 NOTICE OF STATEMENT OF OBJECTION OR COMMENT by RICHARD BARTRON #034314 (tdl) (Entered: 03/28/2017)
03/28/2017 144 NOTICE OF AMENDED OR SUPPLEMENTAL STATEMENT OF OBJECTION OR COMMENT AND OR NOTICE OF INTENTION TO APPEAR by ELIJAH JACKSON JR #989922 (tdl) (Entered: 03/28/2017)
03/28/2017 145 NOTICE OF STATEMENT OF OBJECTION OR COMMENTS by DWAYNE WRIGHT #121067 (tdl) (Entered: 03/28/2017)
03/28/2017 146 Letter from BILLY CONEY #857306 (tdl) (Entered: 03/28/2017)
03/28/2017 147 NOTICE OF INTENTION TO ADHERENCE OF DEADLINE by DONZAVIER KAIGLER #X11489 (tdl) (Entered: 03/28/2017)
03/28/2017 148 NOTICE TO JUDGE by RAYMOND JOHNSON #421558 (tdl) (Entered: 03/28/2017)
03/28/2017 149 NOTICE OF NON-PARTY OBJECTIONS by MICHAEL B. FRENCH #481420 (tdl) (Entered: 03/28/2017)
03/28/2017 150 Letter from XAVIER BROWN SR. #S17641 (tdl) (Entered: 03/28/2017)
03/28/2017 151 Letter from EDDIEL ROSADO #D46375 (tdl) (Entered: 03/28/2017)
03/28/2017 152 Letter from WILLIAM FORDHAM #698334 (tdl) (Entered: 03/28/2017)
03/28/2017 153 REQUEST FOR INFORMATION by WILLIAM T. ODUM #307238. (tdl) (Entered: 03/28/2017)
03/28/2017 154 Letter from STEVE AUSTIN JR. #959695 (tdl) (Entered: 03/28/2017)
03/28/2017 155 NOTICE OF STATEMENT OF COMMENT by DONZAVIER KAIGLER #X11489 (tdl) (Entered: 03/28/2017)
03/28/2017 156 MOTION FOR BELATED OBJECTION AND RELIEF FROM COURT ORDER ESTABLISHING DEADLINE FOR ELIGIBLE PARTY TO BE ADDED AS DAMAGES CLASS MEMBER by JON DUKE DEPRIEST #110648. (tdl) (Entered: 03/28/2017)
03/28/2017 157 NOTICE TO OBJECT OR COMMENT ON THE PROPOSED SETTLEMENT by ROBERT G. BARNASON #063503 (tdl) (Entered: 03/28/2017)
03/28/2017 158 Letter from REV. DR. MYRON BROWN #W22272 (tdl) (Entered: 03/28/2017)
03/28/2017 159 MOTION TO TRANSPORT OR IN THE ALTERNATIVE & MOTION FOR TELEPHONIC HEARING by PHILLIP COLLINS #J01400. (tdl) (Entered: 03/28/2017)
03/28/2017 160 MOTION FOR JOINDER OF PARTIES by RAYMOND L. JOHNSON #421558. (tdl) (Entered: 03/28/2017)
03/28/2017 161 NOTICE TO OBJECT TO OR COMMENT ON THE PROPOSED

SETTLEMENT by BURT LEON SETTS by #063236 (tdl) (Entered: 03/28/2017)

03/28/2017 162 Letter from JOSEPH C HERRING #727684 (tdl) (Entered: 03/28/2017)

03/28/2017 163 NOTICE OF CERTIFICATION OF NOTICE by RICHARD ORTIZ #T69609 (tdl) (Entered: 03/28/2017)

03/29/2017 164 ORDER DENYING MR. PARKHURST'S 93 MOTION TO INTERVENE AND FOR OTHER RELIEF. Signed by JUDGE ROBERT L HINKLE on 3/29/2017. (tdl) (Entered: 03/29/2017)

03/29/2017 165 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Fairness Hearing held on 3/29/2017. A final order will be entered 100 days from the hearing. (Court Reporter Lisa Snyder) (Attachments: # 1 Exhibit List) (erl) (Entered: 03/29/2017)

03/29/2017 166 ORDER ON COMPLIANCE WITH CLASS ACTION FAIRNESS ACT. Signed by JUDGE ROBERT L HINKLE on 3/29/2017. (tdl) (Entered: 03/29/2017)

04/03/2017 167 Letter from JEROME ANDERSON #I2116L (tdl) (Entered: 04/05/2017)

04/03/2017 168 Letter from JAMARLIN HUNTLEY #M24684 (tdl) (Entered: 04/05/2017)

04/07/2017 169 NOTICE OF INQUIRY by DERRICK R. PARKHURST #12119 (tdl)** 164 Order re-mailed** (Entered: 04/11/2017)

04/07/2017 170 NOTICE OF INQUIRY AND PAYMENTS by LONNIE WALKER aka NAEYM SHAHAAB TOLIB #080322 (tdl) (Entered: 04/11/2017)

04/17/2017 171 REQUEST FOR DOCUMENTS by PATRICK TRACEY #600756. (tdl) (Entered: 04/18/2017)

04/17/2017 172 NOTICE OF AFFIDAVIT by JOHN SCOTT MEYERS #084289. (tdl) (Entered: 04/18/2017)

04/17/2017 173 NOTICE OF APPENDIX by JOHN SCOTT MEYERS #084289 (tdl) (Entered: 04/18/2017)

04/24/2017 174 NOTICE OF APPEAL as to 164 Order by DERRICK R PARKHURST. (Electronic Availability of ROA due by 7/26/2017.) (tdl) (Entered: 04/26/2017)

04/24/2017 175 MOTION for Leave to Appeal in forma pauperis by DERRICK R PARKHURST. (tdl) (Entered: 04/26/2017)

04/26/2017 176 Appeal Instructions re: 174 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. (tdl) (Entered: 04/26/2017)

04/26/2017 177 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 174 Notice of Appeal. (tdl) (Entered: 04/26/2017)

04/26/2017

Set Deadlines re 174 Notice of Appeal: Clerk to check status of Appeal on 7/27/2017. (tdl) (Entered: 04/26/2017)

05/01/2017 178 ORDER DENYING MR. PARKHURST'S 175 MOTION TO PROCEED ON APPEAL IN FORMA PAUPERIS. Signed by JUDGE ROBERT L HINKLE on

5/1/2017. (tdl) (Entered: 05/01/2017)
05/01/2017 179 MOTION for Joinder of Parties by RAYMOND L JOHNSON #421558. (Attachments: # 1 Exhibit) (tdl) (Entered: 05/03/2017)
05/01/2017 180 INQUIRY OF 99 NOTICE OF PROPOSED by RAY DONOVAN NEVELS #462931 (tdl) (Entered: 05/03/2017)
05/01/2017 181 USCA Case Number 17-11854-C for 174 NOTICE OF APPEAL. (tdl) (Entered: 05/04/2017)
05/04/2017 182 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 174 Notice of Appeal, Appeal No. 17-11854-C. The entire record on appeal is available electronically. (tdl) (Entered: 05/04/2017)
05/05/2017 183 REQUEST TO OBTAIN COPIES by CURTIS FAULK #J0225. (tdl) **CLERK'S NOTICE FORWARDED** (Entered: 05/08/2017)
05/08/2017 184 REQUEST FOR DOCUMENTS by PATRICK JOHN TRACEY #600756.**CLERK'S NOTICE FORWARDED** (tdl) Modified on 5/11/2017 (tdl). (Entered: 05/08/2017)
05/08/2017 185 Letter from JAMES WHITFIELD #U00247 (tdl) Modified on 5/11/2017 (tdl).**CLERK'S NOTICE FORWARDED** (Entered: 05/10/2017)
05/15/2017 186 NOTICE OF INQUIRY re Final Judgment of Fairness Hearing by OMAR JEFFERSON #M54556 (tdl) (Entered: 05/16/2017)
05/15/2017 187 MOTION REQUESTING AN EXTENSION by CLYDE STOKES #210395. (tdl) (Entered: 05/16/2017)
05/15/2017 188 Letter from BILLY CONEY #857306 (tdl) (Entered: 05/16/2017)
05/15/2017 189 Letter re ELIGIBILITY from DARREN WHITE #134579 (tdl) (Entered: 05/16/2017)
05/17/2017 190 NOTICE OF PROPOSED INJUNCTIVE CLASS ACTION SETTLEMENT INVOLVING MEDICAL TREATMENT OF HERNIAS by RAY DONOVAN NEVELS #O-462931 (tdl) (Entered: 05/17/2017)
05/22/2017 191 Request CURTIS A. FAULK # J02225. (tdl)**Clerk's Notice Forwarded** (Entered: 05/24/2017)
06/01/2017 192 Letter from DON FERGUSON #M75435 (tdl) (Entered: 06/05/2017)
06/05/2017 193 REQUEST TO BE ADDED TO DAMAGES CLASS MEMBERS by CLYDE STOKES #210395 (tdl) (Entered: 06/07/2017)
06/05/2017 194 MOTION to Compel a Response by RAYMOND L. JOHNSON #421558. (tdl) (Entered: 06/07/2017)
06/12/2017 195 NOTICE OF FAIRNESS HEARING by CRAIG A. COLBERT #756382 (tdl) (Entered: 06/13/2017)
06/16/2017 196 Letter from JAMES WHITFIELD #U00247 (tdl) (Entered: 06/20/2017)
06/20/2017 197 NOTICE OF INQUIRY re Compensation by DANIEL POST #T85615 (tdl) (Entered: 06/22/2017)

06/27/2017 198 NOTICE re OPT-OUT STATEMENT by LEON HUGHES SR. (tdl) (Entered: 06/28/2017)

07/03/2017 199 MOTION for Belated Objection and Relief from Court Order Establishing Deadline for Eligible Party to be Added as Damages Class Member by Jon Duke DePriest #110648. (Attachments: # 1 Exhibit) (tdl) (Entered: 07/05/2017)

07/03/2017 200 NOTICE of Movant - an Interested Party Member Timely Submits his Objection/Comments by Adolph Cortez #R39237 (tdl) (Entered: 07/05/2017)

07/05/2017 201 SECOND NOTICE re FAIRNESS HEARING by CRAIG A. COLBERT #756382 (tdl) (Entered: 07/06/2017)

07/07/2017 202 NOTICE OF INQUIRY by WILLIAM EDWARD CLONINGER #647971 (tdl) (Entered: 07/07/2017)

07/12/2017 203 NOTICE OF INQUIRY by THAVELIAN WATSON #V09796 (tdl)**Letter Mailed by Clerk's Office** (Entered: 07/13/2017)

07/13/2017 207 BELATED NOTICE OF OBJECTIONS by Christopher Wright #920720 (tdl) (Entered: 07/19/2017)

07/14/2017 204 NOTICE of OPT-OUT STATEMENT by LEON HUGHES Sr. #0B13916 (tdl) (Entered: 07/18/2017)

07/14/2017 205 NOTICE/Motion of Inquiry by David Lee Moore #053877 (tdl) (Entered: 07/18/2017)

07/14/2017 206 NOTICE OF INQUIRY by CLARENCE STANLEY ALLEN #0-J16812 (tdl) (Entered: 07/18/2017)

07/21/2017 208 Letter from DAVID NEWMAN #U21227 (tdl) (Entered: 07/21/2017)

07/21/2017 209 NOTICE OF INQUIRY re Proposed Settlement by ALVIN K. KELLAM #115595 (tdl) (Entered: 07/25/2017)

07/24/2017 210 NOTICE OF INQUIRY by JOHN R. POTOCNAK #X23926 (tdl) (Entered: 07/25/2017)

07/27/2017

Reset Deadlines re 174 Notice of Appeal: Clerk to check status of Appeal on 10/27/2017. (tdl) (Entered: 07/27/2017)

08/16/2017 211 NOTICE OF WRITTEN STATEMENT OF OBJECTION(S) AND COMMENT(S) by SCOTTIE D. LOVIE # 548296 (tdl) (Entered: 08/17/2017)

08/23/2017 212 Letter from VAHTEICE KIRKMAN #165328 (tdl) (Entered: 08/24/2017)

08/25/2017 213 NOTICE of Status of Appeal by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (Attachments: # 1 Exhibit Exh 1 - Motion to Dismiss) (BERG, RANDALL) (Entered: 08/25/2017)

08/30/2017 214 NOTICE OF STATUS INQUIRY/PROCEEDINGS UPDATE by KENNETH GEARHART #832816 (tdl) (Entered: 08/30/2017)

08/30/2017 215 REQUEST FOR STATUS UPDATE FROM COURT by RAYMOND MANAREL #U16839. (tdl) (Entered: 08/30/2017)

09/06/2017 216 **Sealed** NOTICE re CHANGE OF ADDRESS/WHERE TO DEPOSIT SETTLEMENT MONEY by DAVID E NEWMAN #U21227. (tdl) (Entered:

09/07/2017)
09/11/2017 217 ORDER FINALLY APPROVING THE SETTLEMENT. The motion to finally approve the settlement, ECF No. 127 , is granted. The settlement is finally approved and is binding on the parties and class members. For purposes of this order, the term "class members" means members of the classes and subclasses certified by the order that was entered on September 23, 2016, ECF No. 78 , except for those listed above who properly opted out. The parties and class members must comply with the settlement agreement. All objections are overruled. These motions are denied as unfounded, unnecessary, or moot: a. Don Ferguson's "motion to object," ECF No. 133 . b. Jon Duke DePriest's "motion for belated objection" and other relief, ECF No. 156 . c. Phillip Collins's "motion to transport or in the alternative for telephonic hearing," ECF No. 159 . d. Raymond Johnson's "motion for joinder of parties," ECF No. 160 , and second "motion for joinder of parties," ECF No. 179 . e. Scott Meyers's affidavit, ECF No. 172 , which is deemed a motion to be added to the damages class. f. Clyde Stokes's motion to extend time, ECF No. 187 , and motion to be added to the damages class, ECF No. 193 . g. Raymond Johnson's "motion to compel a response," ECF No. 194 . h. Jon Duke DePriest's second "motion for belated objection" and other relief, ECF No. 199 . No further relief is granted on these requests or notices, but class counsel should respond as appropriate to inquiries, to the extent that has not already been done. The clerk must enter judgment stating, "The parties and class members are ordered to comply with the settlement agreement. The named plaintiffs and class members are enjoined from initiating or pursuing any claim that has been released under the settlement agreement. The court reserves jurisdiction to enforce the order to comply with the settlement agreement and not to initiate or pursue any claim that has been released under the settlement agreement. All claims in this case are voluntarily dismissed with prejudice under Federal Rule of Civil Procedure 41." The clerk must close the file. Signed by JUDGE ROBERT L HINKLE on 9/11/2017. (kjw) (Entered: 09/13/2017)
09/11/2017 218 CLERK'S JUDGMENT re 217 ORDER FINALLY APPROVING THE SETTLEMENT. (kjw) 90 Day Exhibit Return Deadline set for 12/11/2017. (Entered: 09/13/2017)
09/13/2017 219 NOTICE OF INQUIRY by EDMOND ALLEN WILSON JR. #769174 (tdl)**Final Order Mailed** (Entered: 09/14/2017)
09/13/2017 220 NOTICE OF INQUIRY by JIMMY GREEN #H22117 (tdl)**Final Order Mailed** (Entered: 09/14/2017)
09/15/2017 221 Letter FOR BELATED OBJECTION AND RELIEF FROM COURT ORDERED DEADLINE FOR ELIGIBLE PARTY TO BE ADDED AS DAMAGES MEMBER from GEORGE GRAYSON #026313 (tdl)**FINAL ORDER MAILED** (Entered: 09/15/2017)
09/21/2017 222 NOTICE OF INQUIRY (titled Subclass Settlement) by NAIYM SHAHAAB TALIB aka LONNIE WALKER #80322 (ckm) ***FINAL 217 ORDER MAILED*** (Entered: 09/22/2017)
09/25/2017 223 NOTICE OF INQUIRY by ALVIN KEITH KELLAM #115595 (ckm) ***FINAL 217 ORDER MAILED*** (ckm) (Entered: 09/26/2017)

09/25/2017 224 NOTICE OF INQUIRY by GEORGE F WARNER #056887 (ckm) ***FINAL 217 ORDER MAILED*** (ckm) (Entered: 09/27/2017)
09/27/2017 225 MOTION for Reconsideration of Court Order by JON DUKE DEPRIEST #110648. (ckm) ***FINAL 217 ORDER MAILED*** (Entered: 09/28/2017)
10/03/2017 228 MANDATE of USCA - The enclosed copy of this Court's Order of Dismissal is issued as the mandate of this court as to 174 Notice of Appeal. USCA # 17-11854C (tdl) (Entered: 10/12/2017)
10/06/2017 226 **OVERRULE per 253 Order**OBJECTION TO "ORDER FINALLY APPROVING THE SETTLEMENT" re 217 Order by DERRICK R PARKHURST. (tdl) (Main Document 226 replaced on 10/10/2017) (tdl). Modified on 12/4/2017 (tdl). (Entered: 10/10/2017)
10/06/2017 227 NOTICE OF INQUIRY by HERNANDEZ WILEY #167667 (tdl)**Final Order mailed (Entered: 10/10/2017)
10/16/2017 229 NOTICE OF SHELTON GREEN DAMAGED PARTY by SHELTON GREEN #L49009 (tdl)**Final Order Mailed** (Entered: 10/18/2017)
10/19/2017 230 Letter from Patrice Kerr #X11594 (tdl)**Final Order Mailed** (Entered: 10/20/2017)
10/19/2017 231 Letter from MICHAEL MILLER #V15130 (tdl)**Final Order Mailed** (Entered: 10/20/2017)
10/23/2017 232 Request for Documents by PATRICK TRACEY #600756. (tdl)**Final Order & Judgment Mailed** (Entered: 10/24/2017)
10/27/2017 233 NOTICE OF FILING FOR THE RECORD by ALLEN WEINTRAUB #04235104 (tdl)**Final Order & Judgment Mailed** (Entered: 10/27/2017)
10/30/2017 234 NOTICE OF INQUIRY (Attachments: # 1 Exhibit) by Alvin Keith Kellam #115595(tdl)**Final Order Mailed** (Entered: 10/31/2017)
11/03/2017 235 ORDER of USCA as to 174 Notice of Appeal. USCA #17-11854-C. (tdl) (Entered: 11/06/2017)
11/06/2017 236 NOTICE of Inquiry re Alvin Keith Kellam #115595**Final Order Previously Mailed on 9/25/2017 223 ** (tdl) (Entered: 11/07/2017)
11/06/2017 237 NOTICE to Clerk re George F. Warner #056887 **Final Order Previously mailed on 9/25/2017 224 Notice** (tdl) (Entered: 11/07/2017)
11/08/2017 238 NOTICE to Court by JAMES S. DAY JR. #K75620 (tdl)**Final Order Mailed** (Entered: 11/08/2017)
11/13/2017 239 Consent MOTION for Approval of Qualified and Disqualified Claims by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (Attachments: # 1 Exhibit 1 Declaration of Mark Patton, # 2 Exhibit 2 - Nazworth Recission) (TREVISANI, DANTE) (Additional attachment(s) added on 11/16/2017: # 3 Exhibit A, # 4 Exhibit B, # 5 Exhibit C, # 6 Exhibit D) (tdl). (Entered: 11/13/2017)
11/15/2017 240 NOTICE OF FILING by R.L. STEARNS MILLER #126563 (tdl)**Final Order Mailed** (Entered: 11/16/2017)
11/16/2017 241 STIPULATION of Dismissal Voluntary of Defendant Corizon with Prejudice

(Joint) by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (BERG, RANDALL) (Entered: 11/16/2017)
11/16/2017 242 NOTICE OF INQUIRY AND REQUEST FOR DOCKET LIST by DAVID MITCHELL #303968 (tdl)**Final Order & Clerk's Letter for Cost Mailed** (Entered: 11/16/2017)
11/16/2017 243 NOTICE of Status of Disbursal of Settlement Funds to Class Members by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (BERG, RANDALL) (Entered: 11/16/2017)
11/17/2017 244 NOTICE of INQUIRY by MICHAEL TAYLOR # W27330 (tdl)**Final Order Mailed** (Entered: 11/17/2017)
11/20/2017 245 ORDER REQUIRING A RESPONSE TO MR. DePRIEST'S MOTION FOR RECONSIDERATION - (Internal deadline for referral to judge if response to 225 Motion is not filed earlier: 12/4/2017). Signed by JUDGE ROBERT L HINKLE on 11/20/2017. (tdl) (Entered: 11/21/2017)
11/22/2017 246 RESPONSE to Motion re 225 MOTION for Reconsideration filed by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (TREVISANI, DANTE) (Entered: 11/22/2017)
11/27/2017 247 Letter from Susan Elizabeth Baker #945171 (tdl)**Final Order Mailed** (Entered: 11/29/2017)
11/27/2017 248 Plaintiff's Motion for Leave to File out of time Motion to Alter or Amend Judgment by Patrick Tracey #600756. (tdl) (Entered: 11/29/2017)
11/27/2017 249 Plaintiff's Motion to Alter or Amend Judgment re 218 Clerk's Judgment, 217 Order. (tdl) (Entered: 11/29/2017)
11/30/2017 250 EMERGENCY MOTION for Status Update and Information on Disbursements of Settlement Funds and Notice of Voluntary Withdrawal of Statement of Objection by Class Member: Luis M. Harris #V09696. (tdl) (Entered: 11/30/2017)
12/01/2017 251 Motion to Appoint Counsel, Schedule an Emergency Evidentiary Hearing, Alter Amend the Final Order and Judgment by RICHARD L STEANS MILLER #126563. (Internal deadline for referral to judge if response not filed earlier: 12/15/2017).) (tdl) (Entered: 12/01/2017)
12/01/2017 252 Motion to Alter or Amend Judgment and Final Order and Appoint Counsel for Actual and Punitive Damage RICHARD L STEANS MILLER #126563. (Internal deadline for referral to judge if response not filed earlier: 12/15/2017). (Attachments: # 1 Index) (tdl) (Entered: 12/01/2017)
12/04/2017 253 ORDER APPROVING CLAIMS, OVERRULING MR. PARKHURST'S OBJECTIONS, AND DENYING MR. DePRIEST'S MOTION FOR RECONSIDERATION - The plaintiffs' motion to approve qualified and unqualified claims, ECF No. 239 , is granted. The claims are approved. Mr. DePriest's motion to reconsider, ECF No. 225 , is denied. Mr. Parkhursts untimely objections, ECF No. 226 , are overruled. Signed by JUDGE ROBERT L HINKLE on 12/4/2017. (tdl)**Order Forwarded** (Entered: 12/04/2017)
12/04/2017 254 NOTICE OF INQUIRY ON APPROVAL SETTLEMENT ON SEPTEMBER 11, 2017 by NAIYM SHABAAB TALIB aka LONNIE WALKER #080322

(tdl)**Final Order & Judgment Mailed** (Entered: 12/05/2017)
12/04/2017 255 ORDER DENYING THE UNTIMELY 249 MOTIONS TO ALTER OR AMEND THE JUDGMENT AND DENYING THE MOTIONS FOR OTHER RELIEF Mr. Harris's motion, ECF No. 250 , for updated information is denied as moot. Mr. Tracey's motion, ECF No. 248 , for leave to file out of time a motion to alter or amend the judgment is denied. Mr. Miller's motion, ECF No. 251 , to appoint counsel, for an evidentiary hearing, and to alter or amend the judgment is denied. Mr. Miller's motion, ECF No. 252 , to alter or amend the judgment is denied. Signed by JUDGE ROBERT L HINKLE on 12/4/2017. (tdl)**Order forwarded to all Pro se parties** (Entered: 12/05/2017)
12/04/2017 256 Letter from Juan R. Mareuez #518347 (tdl)**Final Order forwarded** (Entered: 12/05/2017)
12/04/2017 257 Letter from Richard L. Stearns-MIller #126563 (tdl)**Final Order Previously Mailed (Entered: 12/05/2017)
12/07/2017 258 MOTION for Leave to Submit Reply. (tdl) (Entered: 12/08/2017)
12/07/2017 259 REPLY to Class Counsel's Objections that Plaintiff be added as a Damages Class Party re 218 Clerk's Judgment, 217 Order. (Attachments: # 1 Exhibit) (tdl) (Entered: 12/08/2017)
12/07/2017 260 NOTICE OF INQUIRY by MARLON McCARTHAN #N03096 (tdl)**Final Order Mailed** (Entered: 12/08/2017)
12/07/2017 261 NOTICE OF INQUIRY by CHRISTOPHER THOMAS #186326 (tdl)**Final Order Mailed** (Entered: 12/08/2017)
12/07/2017 262 NOTICE OF INQUIRY by STEPHEN C RUGGLES #X413365 (tdl)**Final Order Mailed** (Entered: 12/08/2017)
12/15/2017 263 MOTION For Injunction filed by Hernandez Wiley. (cle) (Entered: 12/19/2017)
12/19/2017 264 NOTICE of Breach of Class Settlement Agreement by Raymond L Johnson #421558 (tdl) (Entered: 12/19/2017)
12/21/2017 265 NOTICE OF INQUIRY by CHRISTOPHER THOMAS #186326 (tdl)**Order Previously Mailed** (Entered: 12/21/2017)
12/21/2017 266 NOTICE OF INQUIRY by STEPHEN C. RUGGLES #X41365 (tdl)**Order Previously Mailed** (Entered: 12/21/2017)
12/21/2017 267 ORDER DENYING MR. DePRIEST'S 258 MOTION FOR LEAVE TO FILE A REPLY MEMORANDUM. Signed by JUDGE ROBERT L HINKLE on 12/21/2017. (tdl) (Entered: 12/21/2017)
12/21/2017 268 ORDER DENYING MR. HERNANDEZ'S 263 MOTION FOR AN INJUNCTION. Signed by JUDGE ROBERT L HINKLE on 12/21/2017. (tdl) (Entered: 12/21/2017)
12/21/2017 269 NOTICE OF APPEAL as to 218 Clerk's Judgment, 217 Order by RICHARD L STEARNS-MILLER #126563. (Electronic Availability of ROA due by 3/15/2018.) (tdl)**Fee Due** (Entered: 12/22/2017)
12/22/2017 270 Appeal Instructions re: 269 Notice of Appeal: The Transcript Request Form is

available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. (tdl) (Entered: 12/22/2017)

12/22/2017 271 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 269 Notice of Appeal. (tdl) (Entered: 12/22/2017)

12/22/2017

Set Deadlines re 269 Notice of Appeal: Clerk to check status of Appeal on 3/14/2018. (tdl) (Entered: 12/22/2017)

12/26/2017 274 NOTICE OF STATUS OF APPEAL by James S Day Jr.#K75620 (tdl) (Entered: 12/28/2017)

12/26/2017 275 Letter from Robert Saunders #052590 (tdl) (Entered: 12/28/2017)

12/27/2017 272 ORDER DENYING MR. MILLER'S 269 MOTION TO BIFURCATE - The clerk must process Mr. Miller's notice of appeal, ECF No. 269 , in the ordinary course. Signed by JUDGE ROBERT L HINKLE on 12/27/2017. (vkm)***NOTICE OF APPEAL ALREADY SENT TO 11TH CIRCUIT*** (Entered: 12/27/2017)

12/27/2017 273 USCA Case Number 17-15712-B for 269 NOTICE OF APPEAL. (tdl) (Entered: 12/28/2017)

12/29/2017 276 NOTICE re DIRECT DEPOSIT by JASON MCCOLLUM #L70830 (tdl) (Entered: 12/29/2017)

12/31/2017 277 ORDER ON MR. JOHNSON'S NOTICE OF BREACH - Mr. Johnson's notice of breach, ECF No. 264 , is treated as a motion for relief against the Department. The motion is denied without prejudice. Signed by JUDGE ROBERT L HINKLE on 12/31/2017. (tdl) (Entered: 01/02/2018)

01/02/2018 278 Request for Final Order by Stephen Louis Rudisill #235368. (tdl)**Final Order forwarded** (Entered: 01/04/2018)

01/02/2018 279 NOTICE OF INQUIRY by JIMMY GREEN #H22117 (tdl) (Entered: 01/04/2018)

01/02/2018 280 NOTICE re Request for Docket Sheet by DAVID MITCHELL #B24105 (tdl) (Entered: 01/04/2018)

01/02/2018 281 NOTICE OF APPEAL as to 218 Clerk's Judgment, 217 Order, 255 Order by JON DUKE DEPRIEST #110648. (Electronic Availability of ROA due by 3/12/2018.) (tdl) (Entered: 01/04/2018)

01/02/2018 282 MOTION for Leave to Appeal in forma pauperis by RICHARD L STEARNSMILLER #126563. (tdl) (Entered: 01/04/2018)

01/02/2018 283 NOTICE OF APPEAL as to 255 Order by RICHARD L STEARNS-MILLER #126563. (Electronic Availability of ROA due by 3/12/2018.) (tdl) (Entered: 01/04/2018)

01/04/2018 284 Appeal Instructions re 281 Notice of Appeal: The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. (tdl) (Entered: 01/04/2018)

01/04/2018 285 Appeal Instructions re 283 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. (tdl) (Entered: 01/04/2018)

01/04/2018 286 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 281 Notice of Appeal. (tdl) (Entered: 01/04/2018)

01/04/2018 287 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 283 Notice of Appeal. (tdl) (Entered: 01/04/2018)

01/04/2018

Set Deadlines re 281 Notice of Appeal: Clerk to check status of Appeal on 3/5/2018. (tdl) (Entered: 01/04/2018)

01/04/2018

Set Deadlines re 283 Notice of Appeal: Clerk to check status of Appeal on 3/5/2018. (tdl) (Entered: 01/04/2018)

01/05/2018 288 PLEADING NOTICE OF VOIDING DISMISSAL PRIOR TO FILING APPELLANTS MOTIONS AND 'NOTICE OF APPEAL' OF ORDER DENYING MOTION TO ACT OR AMEND JUDGMENT AND DENYING MOTIONS ECF 251 , 252 by RICHARD L STEARNS MILLER #126563. (Attachments: # 1 Cover Letter) (tdl) (Entered: 01/08/2018)

01/05/2018 289 NOTICE OF INQUIRY by HERNANDEZ WILEY #167667 (tdl) (Entered: 01/08/2018)

01/05/2018 290 NOTICE TO COURT by PELAGIO GONZALEZ PERALES #616082 (tdl) (Entered: 01/08/2018)

01/08/2018 291 ORDER DENYING 282 LEAVE FOR MR. MILLER TO APPEAL IN FORMA PAUPERIS. Signed by JUDGE ROBERT L HINKLE on 1/8/2018. (tdl) (Entered: 01/08/2018)

01/09/2018 295 USCA Case Number 18-10057-B for 281 NOTICE OF APPEAL. (tdl) (Entered: 01/17/2018)

01/10/2018 292 NOTICE OF STATUS by TERRANCE O'DONNELL #065655 (tdl) (Entered: 01/11/2018)

01/11/2018 293 Letter from LAURENCE SPINDLER #144314 (tdl) (Entered: 01/12/2018)

01/12/2018 294 DOCKET ANNOTATION BY COURT: Clerk's Notices with Attorney Contact Information mailed to entries 256 - 293 . (tdl) Modified on 7/16/2018 (dac). (Entered: 01/12/2018)

01/16/2018 296 NOTICE OF INQUIRY by PRESTON M. ROLLER #320959 (tdl)**Letter Forwarded** (Entered: 01/17/2018)

01/16/2018 297 Letter from STEPHEN C. RUGGLES #X41365 (tdl)**Letter Forwarded** (Entered: 01/17/2018)

01/16/2018 298 NOTICE OF INQUIRY by FRANCISCO HENRIQUE #309486 (tdl)**Letter Forwarded** (Entered: 01/17/2018)

01/16/2018 299 Letter from CURTIS SCHWENN #265011 (tdl)**Letter Forwarded** (Entered: 01/17/2018)

01/16/2018 300 Letter from DAVID MITCHELL #303968 (tdl)**Letter Forwarded** (Entered: 01/17/2018)
01/16/2018 301 ORDER of USCA as to 174 Notice of Appeal. USCA #17-11854-C (tdl) (Entered: 01/18/2018)
01/23/2018 302 NOTICE OF DISMISSAL OF APPEALS WITHOUT PREJUDICE re 269 & 283 Notice of Appeals by RICHARD L. STEARNS-MILLER #126563 (tdl) (Entered: 01/23/2018)
01/24/2018 303 NOTICE OF DISMISSAL OF APPEAL WITHOUT PREJUDICE re 281 Notice of Appeal by JON DUKE DEPRIEST #110648 (tdl) (Entered: 01/25/2018)
01/25/2018 304 NOTICE OF INQUIRY AND NOTICE OF ADDRESS CHANGE by GEORGE F. WARNER #056887 (tdl)**Clerk's Letter Mailed** (Entered: 01/25/2018)
01/26/2018 305 Consent MOTION to Withdraw as Attorney by CORIZON LLC. (MOORE, JAMES) (Entered: 01/26/2018)
01/29/2018 306 Letter of Inquiry from JOHN HARTLEY #096107 (tdl)**Letter Mailed** (Entered: 01/29/2018)
01/30/2018 307 ORDER GRANTING LEAVE TO WITHDRAW-MOORE - Attorney James Timothy Moore, Jr.'s motion for leave to withdraw, ECF No. 305 , is granted. Signed by JUDGE ROBERT L HINKLE on 1/30/2018. (tdl)**Attorney JAMES TIMOTHY MOORE, JR terminated. (Entered: 01/31/2018)
01/31/2018 308 NOTICE OF INQUIRY by LANCE MARIO KENNEDY #17036197 (tdl)**Letter Mailed** (Entered: 01/31/2018)
01/31/2018 309 Letter from JOHN GANCEDO #U49399 (tdl)**Letter Mailed** (Entered: 02/02/2018)
01/31/2018 310 Letter from EVERETT MCNEELEY JR., #134104 (tdl)**Letter Mailed** (Entered: 02/02/2018)
02/05/2018 311 NOTICE OF A COMPLAINT AGAINST THE CLERK'S OFFICE DIRECTED TO MR. RICHARD MILDENBERGER'S OFFICE by GEORGE WARNER #056887 (tdl) (Entered: 02/06/2018)
02/08/2018 312 MANDATE of USCA - The enclosed copy of the Clerk's Entry of Dismissal pursuant to appellant's motion to dismiss is issued as the mandate of this court as to 281 Notice of Appeal as to JON DUKE DEPRIEST #110648. USCA #1810057-B (tdl) (Entered: 02/09/2018)
02/08/2018 313 MANDATE of USCA - The enclosed copy of the Clerk's Entry of Dismissal pursuant to appellant's motion to dismiss is issued as the mandate of this court as to 269 Notice of Appeal as to RICHARD L STEARNS-MILLER #126563. USCA # 17-15712-B (tdl) (Entered: 02/09/2018)
02/08/2018 314 MOTION for Production of Documents for the Purpose of Pre-Trial Discovery by JON DUKE DEPRIEST #110648. (Attachments: # 1 Text of Proposed Order) (tdl) (Entered: 02/09/2018)
02/08/2018 315 NOTICE OF INQUIRY by ALFRONSO BROWN #C08231 (tdl)**Clerk's Letter Mailed** (Entered: 02/09/2018)

02/10/2018 316 ORDER ON MR. WARNER'S "COMPLAINT" re 311 NOTICE. The clerk must provide copies of this order to the attorneys of record through the electronic filing system and to Mr. Warner by mail. Signed by JUDGE ROBERT L HINKLE on 2/10/2018. (tdl)**Order forwarded as Instructed** (Entered: 02/12/2018)
02/10/2018 317 ORDER DENYING 314 MR. DePRIEST'S MOTION FOR DISCOVERY. Signed by JUDGE ROBERT L HINKLE on 2/10/2018. (tdl) **Order forwarded** (Entered: 02/12/2018)
02/12/2018 318 NOTICE TO COURT by GEORGE F WARNER #056887 *** 317 Order mailed on 2/12/18 Addressing Complaint** (tdl) (Entered: 02/12/2018)
02/15/2018 319 MOTION to Hold Verified Complaint and Injunction in Abeyance and Leave to Amend by JON DUKE DEPRIEST #110648. (tdl) (Entered: 02/16/2018)
02/15/2018 320 NOTICE OF INQUIRY CONCERNING CLASS ACTION SETTLEMENT by ANGEL SANTIAGO GONZALEZ #167421 (tdl)**Clerk's Letter Mailed** (Entered: 02/16/2018)
02/20/2018 321 NOTICE of Distribution of Settlement Funds by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (BERG, RANDALL) (Entered: 02/20/2018)
02/20/2018 322 NOTICE re Copy of Complaint by RALPH J BIANCHI # 1131367 (tdl)**Clerk's Letter forwarded** (Entered: 02/22/2018)
02/26/2018 324 REQUEST TO SETTLE WITH SUB CLASS by LONNIE WALKER #0806326. (tdl)**Letter Mailed** (Entered: 02/28/2018)
02/27/2018 323 Mail Returned as Undeliverable. Mail sent to EVERETT MCNEELEY JR., #134104 Re: 310 Letter (tdl) (tdl) (Entered: 02/27/2018)
03/01/2018 325 REQUEST to the Court by JENS P. HANSEN #120500. (tdl)**Letter Mailed** (Entered: 03/01/2018)
03/05/2018 326 MOTION to Withdraw as Attorney by TRACY COPELAND. (WOLFE, DOUGLAS) (Entered: 03/05/2018)
03/05/2018 327 Letter from DON FERGUSON #M75435 (tdl)**Clerk's Letter Mailed** (Entered: 03/06/2018)
03/06/2018 328 NOTICE re Settlement by TIMOTHY WOODARD #381171 (tdl)**Letter Mailed** (Entered: 03/07/2018)
03/08/2018 329 NOTICE re Verification of Amount of Settlement Awarded by DANIEL G JONES # 073513 (tdl)**Letter Mailed** (Entered: 03/08/2018)
03/14/2018 330 NOTICE of INQUIRY by SHEHON GREEN #L49004 (tdl)**Clerk's Letter Mailed** (Entered: 03/16/2018)
03/19/2018 331 MOTION to Compel Shortfall Balance of Settlement by ALLEN WEINTRAUB #04235-104. (tdl) (Entered: 03/20/2018)
03/26/2018 332 MOTION to Compel by KENNETH G. GEARHART #832816. (tdl) (Entered: 03/26/2018)
03/26/2018 333 **MOTION TO ENFORCE THE SETTLEMENT AGREEMENT**Letter re Settlement Amount from DON FERGUSON #M75435 (tdl) Modified on 4/2/2018 (tdl). (Entered: 03/26/2018)

03/29/2018 334 NOTICE OF PETITION RECONSIDERATION/COMPENSATION DAMAGES SUB-CLASS MEMBER (1)(A) CLAIM by VICTOR WILSON #J00910 (tdl) (Entered: 03/30/2018)

03/29/2018 335 NOTICE OF PETITION "CLARIFICATION FOR COMPENSATION" CONSULTATION REQUEST by VICTOR WILSON #J00910 (tdl) (Entered: 03/30/2018)

04/01/2018 336 ORDER ON POST-SETTLEMENT MOTIONS - (Response to 331 , 332 , 333 Motion due by by 4/23/2018.) Signed by JUDGE ROBERT L HINKLE on 4/1/2018. (tdl)**Orders Mailed** (Entered: 04/02/2018)

04/01/2018 337 ORDER GRANTING 326 LEAVE TO WITHDRAW-WOLFE. Attorney DOUGLAS WOLFE terminated. Signed by JUDGE ROBERT L HINKLE on 4/1/2018. (tdl) (Entered: 04/02/2018)

04/01/2018 338 ORDER DENYING MR. DePRIEST'S 319 MOTION TO HOLD IN ABEYANCE AND FOR LEAVE TO AMEND. Signed by JUDGE ROBERT L HINKLE on 4/1/2018. (tdl)**Order Forwarded** (Entered: 04/02/2018)

04/04/2018 339 Letter re SETTLEMENT AMOUNT from TIMMOTHY ZEIGLER #631666 (tdl) (Entered: 04/05/2018)

04/05/2018 340 RESPONSE in Opposition re 331 MOTION to Compel, 333 MOTION to Enforce the Settlement Agreement, 332 MOTION to Compel filed by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (TREVISANI, DANTE) (Entered: 04/05/2018)

04/12/2018 341 NOTICE OF RESPONSE/MOTION by DON FERGUSON #M75435 (tdl) (Entered: 04/16/2018)

04/15/2018 342 ORDER DENYING MOTIONS OF NO-CONSULT SUBCLASS MEMBERS FOR INCLUSION IN THE CONSULT SUBCLASS - The papers submitted by Allen Weintraub (ECF No. 331 ), Kenneth G. Gearhart (ECF No. 332 ), Don Ferguson (ECF No. 333 ), Victor Wilson (ECF Nos. 334 and 335 ), and Timothy Ziegler (ECF Nos. 339 ) are deemed motions for inclusion in the consult subclass. The motions are denied. Signed by JUDGE ROBERT L HINKLE on 4/15/2018. (tdl)**Order forwarded as Instructed** (Entered: 04/16/2018)

04/20/2018 343 NOTICE OF RESPONSE TO PLAINTIFFS RESPONSE TO POSTSETTLEMENT MOTIONS AND MOTION FOR SUMMARY JUDGMENT OF SHORT FALL BALANCE OWED by ALLEN WEINTRAUB #04235-104 (tdl) (Entered: 04/20/2018)

04/24/2018

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 336 Order - Response due. (tdl) (Entered: 04/24/2018)

04/25/2018 344 NOTICE OF PETITION FOR MONETARY COMPENSATION DAMAGES by VICTOR WILSON #J00910 (tdl) (Additional attachment(s) added on 4/25/2018: # 1 Exhibit) (tdl). (Entered: 04/25/2018)

04/25/2018 345 MOTION for Reconsideration re 342 Order by ALLEN WEINTRAUB #04235104. (tdl) (Entered: 04/25/2018)

04/27/2018 346 ORDER DENYING MR. WEINTRAUB'S 345 MOTION FOR

RECONSIDERATION. Signed by JUDGE ROBERT L HINKLE on 4/27/2018. (tdl) (Entered: 05/01/2018)

05/01/2018 347 DOCKET ANNOTATION BY COURT re 345 MOTION for Reconsideration Copy Received (tdl) (Entered: 05/01/2018)

05/14/2018 348 NOTICE OF APPEAL as to 342 Order by KENNETH G. GEARHART #832816. (Electronic Availability of ROA due by 8/15/2018.) (Entered: 05/15/2018)

05/15/2018 349 Appeal Instructions re: 348 Notice of Appeal: The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. (tdl) (Entered: 05/15/2018)

05/15/2018 350 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 348 Notice of Appeal. (tdl) (Entered: 05/15/2018)

05/15/2018

Set Deadlines re 348 Notice of Appeal: Clerk to check status of Appeal on 8/15/2018. (tdl) (Entered: 05/15/2018)

05/16/2018 351 USCA Case Number 18-12022-E for 348 NOTICE OF APPEAL. (tdl) (Entered: 05/17/2018)

05/17/2018 352 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 348 Notice of Appeal, Appeal No. 18-12022-E. The entire record on appeal is available electronically. (tdl) (Entered: 05/17/2018)

05/18/2018 353 RULE 60 MOTION by ALLEND WEINTRAUB #04235-104. (tdl) (Entered: 05/18/2018)

05/21/2018 354 ORDER DENYING 353 MR. WEINTRAUB'S SUCCESSIVE RULE 60(b) MOTION. Signed by JUDGE ROBERT L HINKLE on 5/21/2018. (tdl) (Entered: 05/22/2018)

05/21/2018 355 NOTICE OF WRIT OF REPLEVIN by PHILLIP VAN ZANT #065682 (tdl) (Entered: 05/22/2018)

05/31/2018 356 NOTICE OF INQUIRY by VICTOR WILSON #J00910 (tdl)**Letter Forwarded** (Entered: 06/01/2018)

06/06/2018 357 MANDATE of USCA - The enclosed copy of the Clerk's Entry of Dismissal for failure to prosecute in the above referenced appeal is issued as the mandate of this court as to 348 Notice of Appeal. USCA #18-12022-E (tdl) (Entered: 06/08/2018)

06/11/2018 358 NOTICE OF INQUIRY by VICTOR WILSON #J00910 (tdl)**Letter Mailed** (Entered: 06/12/2018)

06/11/2018 359 Letter from MICHAEL H MILLER #V15130 (tdl)**Letter forwarded (Entered: 06/12/2018)

07/13/2018 360 Petition Prima Facie by VICTOR WILSON #J00910 (ckm) ***Letter Mailed*** (Entered: 07/13/2018)

08/14/2018 361 MOTION to Enforce Settlement by VICTOR WILSON. (ckm) ***Letter Mailed*** (Entered: 08/14/2018)

08/16/2018 362 ORDER DENYING MR. WILSON'S MOTION TO ENFORCE SETTLEMENT The class member Victor Wilson's motion to enforce settlement, ECF No. 361 , is denied. See Order of April 15, 2018, ECF No. 342 . Signed by JUDGE ROBERT L HINKLE on 8/16/2018. (ckm) ***Copy of this order and 342 Order mailed to Wilson*** (Entered: 08/16/2018)

08/22/2018 363 Letter from JASON S WOODS #127422 (Attachments: # 1 Cover Letter) (ckm) ***Letter Mailed*** (Entered: 08/22/2018)

10/05/2018 364 NOTICE of Change of Address by Billy Coney. (ckm) ***Letter Mailed*** (Entered: 10/09/2018)

11/05/2018 365 REQUEST to Reopen or Notice of the Proposed or the Etablished Sternias Settlement by Donald Perry #050031. (ckm) ***Letter Mailed*** (Entered: 11/06/2018)

11/13/2018 366 ORDER DENYING MR. PERRY'S 365 MOTION TO REOPEN THE CASE. Signed by JUDGE ROBERT L HINKLE on 11/13/2018. (ckm) ***Order mailed to Donald Perry*** (Entered: 11/13/2018)

11/19/2018 367 NOTICE of Change of Address by BILLY CONEY. (ckm) ***Letter Mailed*** (Entered: 11/20/2018)

12/06/2018 368 Consent MOTION for Disbursement of Funds (Cy Pres Award and Attorneys' Fees) and Status Report by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (Attachments: # 1 Exhibit Patton Declaration) (TREVISANI, DANTE) (Entered: 12/06/2018)

12/15/2018 369 ORDER FOR CY PRES AND ATTORNEY'S FEE DISTRIBUTION: The plaintiffs' unopposed motion to approve a cy pres and attorney's fee distribution 368 is granted. The amount of $6,729.86 must be distributed to Carrfour Supportive Housing, Inc. and the amount of $385,000 must be distributed to class counsel. Signed by JUDGE ROBERT L HINKLE on 12/15/18. (amm) (Entered: 12/17/2018)

01/07/2019 370 MOTION (Letter) to Reopen Case filed by Franklin Delano Floyd. (amm) (Entered: 01/08/2019)

01/20/2019 371 ORDER DENYING MR. FLOYD'S MOTION FOR ADDITIONAL RELIEF 370 . Signed by JUDGE ROBERT L HINKLE on 1/20/19. (amm) (Entered: 01/22/2019)

04/25/2019 372 PLAINTIFFS' MOTION TO ENFORCE 78 CONSENT ORDER and FOR ATTORNEYS FEES AND EXPENSES by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (Attachments: # 1 Exhibit 1 - Trevisani Declaration, # 2 Exhibit 2 - S. Declaration, # 3 Exhibit 3 - Emails Between Counsel, # 4 Exhibit 4 - Letters to FDC, # 5 Exhibit 5 - Carrillo Declaration) (TREVISANI, DANTE) Modified to correct title on 4/26/2019 (rcb). (Entered: 04/25/2019)

04/25/2019

Set Response Deadlines (Internal deadline for referral to judge if response not filed earlier: 5/9/2019). (rcb) (Entered: 04/26/2019)

04/29/2019 373 MOTION for Modification of Consent Order by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA. (TREVISANI, DANTE) (Entered: 04/29/2019)

04/29/2019

Set Response Deadlines (Internal deadline for referral to judge if response not

filed earlier: 5/13/2019). (rcb) (Entered: 04/30/2019)
04/29/2019 375 Sealed Documents-Exhibit B, # 1 Exhibit C, # 2 Exhibit D. Unredacted Exhibits filed under seal per 374 . (rcb) (Entered: 04/30/2019)
04/30/2019 374 NOTICE of Filing Exhibits Under Seal by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (TREVISANI, DANTE) (Entered: 04/30/2019)
05/01/2019 376 Defendant's Unopposed Motion for Extension of Time to File Response/Reply as to 373 MOTION for Modification of Consent Order , 372 MOTION to Enforce Judgment (Consent Order) by JULIE L JONES. (REID, KIRKLAND) Modified to correct title on 5/2/2019 (rcb). (Entered: 05/01/2019)
05/09/2019 377 ORDER EXTENDING THE DEADLINES TO RESPOND TO MOTIONS TO ENFORCE AND MODIFY THE CONSENT ORDER. The defendant's unopposed motion, ECF No. 376 , to extend the deadlines to respond to the motions to enforce and modify the consent order is granted. The deadlines are extended to May 16, 2019. (Response to motion due by by 5/16/2019.) Signed by JUDGE ROBERT L HINKLE on 05/09/2019. (rcb) (Entered: 05/09/2019)
05/13/2019 378 NOTICE of Filing Supplemental Declaration by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (Attachments: # 1 Exhibit 1 - Supplemental Declaration) (TREVISANI, DANTE) (Entered: 05/13/2019)
05/13/2019 379 NOTICE of Filing Exhibit Under Seal by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (TREVISANI, DANTE) (Entered: 05/13/2019)
05/15/2019 380 Sealed Document re 379 Notice. (Attachments: # 1 Cover Letter, # 2 Notice of Filing) (rcb) (Entered: 05/16/2019)
05/16/2019 381 Defendant's Response to Plaintiff's Motion re 373 MOTION for Modification of Consent Order , 372 MOTION to Enforce Judgment (Consent Order) filed by JULIE L JONES. (Attachments: # 1 Exhibit Affidavit of Thomas Reimers, # 2 Exhibit Affidavit of Laura Carter, # 3 Exhibit March 20, 2019 E-Mail) (REID, KIRKLAND) Modified to correct title on 5/17/2019 (rcb). (Entered: 05/16/2019)
05/16/2019 382 NOTICE of Filing Exhibits Under Seal by JULIE L JONES (REID, KIRKLAND) (Entered: 05/16/2019)
05/17/2019 383 Sealed Document Re: 382 . (rcb) Modified to add link on 6/20/2019 (rcb). (Entered: 05/20/2019)
05/23/2019 384 NOTICE OF TELEPHONIC HEARING: Oral Argument on 372 Motion to Enforce Consent Order and for Attorneys' Fees and Expenses and 373 Motion for Modification of Consent Order set for 6/13/2019 01:00 PM before JUDGE ROBERT L HINKLE.
Please be advised that each side will have 20 minutes for argument.
Call in number: 888-684-8852 Access code: 3243416# Security code: 0613#

s/ Cindy Markley Courtroom Deputy Clerk (ckm) (Entered: 05/23/2019)
06/07/2019 385 ORDER REQUIRING UNREDACTED FILING UNDER SEAL. The plaintiff's must promptly submit an unredacted hard copy of ECF No. 372 for filing under seal. The clerk must put the unredacted copy on the electronic docket under seal. Signed by JUDGE ROBERT L HINKLE on 06/07/2019. (rcb) (Entered: 06/07/2019)
06/07/2019 386 NOTICE of Filing Document Under Seal by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (TREVISANI, DANTE) (Entered: 06/07/2019)
06/10/2019 387 Sealed Document Re: 372 (rcb) (Entered: 06/10/2019)
06/13/2019 388 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Telephonic Oral Argument held on 6/13/2019. Court hears argument re 373 MOTION for Modification of Consent Order and 372 MOTION to Enforce Judgment (Consent Order). Ruling by Court: Telephonic status conference set for 7/19/19 at 8:15 a.m. (Court Reporter Megan Hague) (vkm) (Entered: 06/14/2019)
06/14/2019 389 NOTICE OF TELEPHONIC HEARING: Telephonic Status Conference set for 7/19/2019 08:15 AM before JUDGE ROBERT L HINKLE.
Call in number: 888-684-8852 Access code: 3243416# Security code: 0719#
s/ Victoria Milton McGee Courtroom Deputy Clerk (vkm) (Entered: 06/14/2019)
07/17/2019 390 Joint MOTION to Continue Telephonic Status Conference by JULIE L JONES. (REID, KIRKLAND) Modified on 7/18/2019 to terminate motion as instructed by Chambers (ckm). (Entered: 07/17/2019)
07/18/2019 391 AMENDED NOTICE OF TELEPHONIC HEARING: Telephonic Status Conference reset for 8/13/2019 10:00 AM before JUDGE ROBERT L HINKLE.
Call in number: 888-684-8852 Access code: 3243416# Security code: 0813#
s/ Cindy Markley Courtroom Deputy Clerk (ckm) (Entered: 07/18/2019)
08/13/2019 392 Minute Entry for proceedings held before JUDGE ROBERT L HINKLE: Telephonic Status Conference held on 8/13/2019. The parties will submit a proposed amendment. (Court Reporter Megan Hague.) (kjw) (Entered: 08/13/2019)
08/15/2019 393 NOTICE (Joint) Regarding the Parties' Agreement by TRACY COPELAND,

ARCHIE GREEN, AMADO PARRA (TREVISANI, DANTE) (Entered: 08/15/2019)

08/15/2019 394 ORDER REQUIRING THE PARTIES TO COMPLY WITH THEIR ADDITIONAL AGREEMENT AND OTHERWISE DENYING THE MOTIONS TO ENFORCE AND MODIFY THE CONSENT DECREE. The parties must comply with their additional agreement, ECF No. 393 . The plaintiffs' motions, ECF No. 372 , 373 , and 387 , to enforce or modify the original consent decree are denied without prejudice as moot. Signed by JUDGE ROBERT L HINKLE on 8/15/2019. (rcb) (Entered: 08/16/2019)

10/15/2019 395 Certification of Notice (Filed by Non-party Freddie O Chavers Florida State Prison) (rcb) (Entered: 10/16/2019)

10/16/2019

ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: 395 Certification of Notice (rcb) (Entered: 10/16/2019)

01/23/2020 396 Propose Injunctive Class Action Settlement Involving Medical Treatment of Hernias from Non Party Anthony Leath (rcb) ***Deemed a motion for payment from the settlement fund per ECF 399 *** (Entered: 01/24/2020)

01/24/2020

ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ROBERT L HINKLE notified that action is needed Re: 396 Propose Injunctive Class Action Settlement (rcb) (Entered: 01/24/2020)

01/27/2020 397 ORDER REQUIRING A RESPONSE TO MR. LEACH'S INQUIRY. By 2/18/2020, the plaintiffs must file a response to Mr. Leath's submission. Signed by JUDGE ROBERT L HINKLE on 01/27/2020. (rcb) (Entered: 01/28/2020)

01/29/2020 398 Plaintiff's Response to Anthony Leath's Inquiry RESPONSE by TRACY COPELAND, ARCHIE GREEN, AMADO PARRA (TREVISANI, DANTE) Modified to edit title on 1/30/2020 (rcb). (Entered: 01/29/2020)

01/31/2020 399 ORDER DENYING 396 MR. LEATH'S CLAIM FOR PAYMENT. Mr. Leaths filing, ECF No. 396 , is deemed a motion for payment from the settlement fund. The motion is denied. Signed by JUDGE ROBERT L HINKLE on 01/31/2020. (rcb) (Entered: 02/03/2020)

02/24/2020 400 Letter construed as a Motion Regarding Settlement by ANTHONY LEATH (rcb) (Entered: 02/24/2020)

02/25/2020 401 ORDER DENYING 400 MR. LEATH'S MOTION FOR RECONSIDERATION. IT IS ORDERED: Mr. Leachs letter, ECF No. 400 , is deemed a motion to reconsider the January 31 order. The motion to reconsider is denied. Signed by JUDGE ROBERT L HINKLE on 02/25/2020. (rcb) (Entered: 02/25/2020)

02/27/2020 402 Letter Construed As A Motion Requesting Help To Receive Settlement by ANTHONY LEATH. (rcb) (Entered: 02/28/2020)

03/02/2020 403 SECOND ORDER DENYING 402 MR. LEATH'S MOTION FOR RECONSIDERATION. Mr. Leath's motion to reconsider, ECF No. 402 , is denied. Signed by JUDGE ROBERT L HINKLE on 03/02/2020. (rcb) Modified to edit link on 3/5/2020 (rcb). (Entered: 03/02/2020)

03/09/2020 404 Letter TO Judge Hinkle from ANTHONY LEATH (rcb) (Entered: 03/09/2020)

03/18/2020 405 THIRD ORDER DENYING 404 MR. LEATH'S MOTION FOR RECONSIDERATION. Mr. Leath's motion to reconsider, ECF No. 404 , is denied.Signed by JUDGE ROBERT L HINKLE on 3/18/2020. (rcb) (Entered: 03/19/2020)
03/30/2020 406 Letter from ANTHONY LEATH (rcb) (Entered: 04/03/2020)
04/07/2020 407 FOURTH ORDER DENYING 406 MR. LEATH'SMOTION FOR RECONSIDERATION. Mr. Leath's letter docketed March 30, 2020, ECF No. 406 , is treated as yet another motion to reconsider and is denied. Signed by JUDGE ROBERT L HINKLE on 4/7/2020. (rcb) (Entered: 04/08/2020)
04/07/2020 408 **PLEASE DISREGARD THIS ENTRY** (Entered: 04/08/2020)
04/23/2020 409 Letter construed as a MOTION. (rcb) (Entered: 04/23/2020)
04/24/2020 410 FIFTH ORDER DENYING MR. LEATH'S 409 MOTION FOR RECONSIDERATION. Mr. Leath's filing of April 23, 2020, ECF No. 409 , is treated as yet another motion to reconsider and is denied. Signed by JUDGE ROBERT L HINKLE on 4/24/2020. (rcb) (Entered: 04/24/2020)
07/01/2020 411 Notice of Proposed Insertion Class Action Settlement Involving the Medical Treatment of Hernias (rcb) (Entered: 07/01/2020)
08/31/2020 412 Letter from ANTHONY LEATH (rcb) (Entered: 09/02/2020)
09/05/2020 413 ORDER ON 412 MR. LEATH'S LETTER ALLEGING A COMMUNICATION FROM THE ELEVENTH CIRCUIT.No action will be taken based on Mr. Leath's letter, ECF No. 412 . Signed by JUDGE ROBERT L HINKLE on 9/5/2020. (rcb) (Main Document 413 replaced on 9/25/2020) (rcb). (Entered: 09/08/2020)
09/05/2020 414 ORDER REQUIRING A RESPONSE TO MR. BENNETT'S 411 MOTION TO ENFORCE. Mr. Bennett's filing, ECF No. 411 , is deemed a motion to enforce the judgment. The defendant Secretary of the Department of Corrections must file a response by 9/22/2020. Signed by JUDGE ROBERT L HINKLE on 9/5/2020. (rcb) (Entered: 09/08/2020)
09/22/2020 415 FDC'S RESPONSE TO MOTION TO ENFORCE JUDGMENT (Attachments: # 1 Exhibit A-Declaration of Kellie Caswell, RN, BSN) (REID, KIRKLAND) Modified to edit title on 9/22/2020 (rcb). (Entered: 09/22/2020)
09/23/2020 416 ORDER DENYING 411 MR. BENNETT'S MOTION TO ENFORCE. Mr. Bennett's deemed motion to enforce, ECF No. 411 , is denied. The clerk must provide copies of this order to the attorneys of record and to Mr. Bennett at his best available address. Signed by JUDGE ROBERT L HINKLE on 9/24/2020. (rcb)**ECF 416 forwarded to Allen T Bennett #081000-Wakulla CI-110 Melaleuca Drive, B1-109 Low, Crawfordville, Florida 32327 & attorneys of record** Modified to edit filing date on 9/25/2020 (rcb). (Entered: 09/24/2020)
09/23/2020 417 Letter from ANTHONY LEATH (rcb) (Entered: 09/24/2020)
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