MEDIATION,REF_PTN,STAYED
U.S. District Court Southern District of Florida (Key West) CIVIL DOCKET FOR CASE #: 4:18-cv-10279-KMW

Brown v. Ramsay Assigned to: Judge Kathleen M. Williams Referred to: Magistrate Judge Edwin G. Torres Cause: 42:1983 Civil Rights Act

Date Filed: 12/03/2018 Jury Demand: Defendant Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question

Plaintiff Peter Sean Brown

represented by Amien Kacou American Civil Liberties Union of Florida 4023 N. Armenia Ave. Tampa, FL 33607 (813) 288-8390 Email: akacou@aclufl.org LEAD ATTORNEY ATTORNEY TO BE NOTICED

Nancy Gbana Abudu American Civil Liberties Union of Florida 4343 W. Flagler St. Suite 400 Miami, FL 33137 786-363-2700 Email: nabudu@aclufl.org TERMINATED: 05/31/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Viviana Teresa Bonilla Lopez Southern Poverty Law Center 4770 Biscayne Blvd. Suite 760 Miami, FL 33131 786-347-2056 Fax: 786-237-2949 Email: viviana.bonillalopez@splcenter.org TERMINATED: 09/13/2019

LEAD ATTORNEY ATTORNEY TO BE NOTICED
Andrew C. Bernstein Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, NY 10166 (212) 351-4000 Email: abernstein@gibsondunn.com PRO HAC VICE ATTORNEY TO BE NOTICED
Anne Janet Hernandez Anderson SOUTHERN POVERTY LAW CENTER PO BOX 12463 Miami, FL 33101 305-347-2056 Fax: 305-237-2949 Email: aj.hernandez@splcenter.org ATTORNEY TO BE NOTICED
Avi Samuel Garbow Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue, N.W. Washington, DC 20036 202-955-8500 Email: agarbow@gibsondunn.com TERMINATED: 03/08/2019 PRO HAC VICE ATTORNEY TO BE NOTICED
Cody Wofsy American Civil Liberties Union 39 Drumm Street San Francisco, CA 415-343-0785 Email: cwofsy@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Daniel Boaz Tilley ACLU Foundation of Florida, Inc. 4343 West Flagler Street Suite 400 Miami, FL 33134

United Sta 786-363-2714 Fax: 786-363-1257 Email: dtilley@aclufl.org ATTORNEY TO BE NOTICED
Heather L. Richardson Givson, Dunn & Crutcher, LLP 333 South Grand Avenue Los Angeles, CA 90071 213-229-7000 Email: hrichardson@gibsondunn.com PRO HAC VICE ATTORNEY TO BE NOTICED
Jason S. Kim Gibson, Dunn & Crutcher LLP 333 South Grand Avenue Los Angeles, CA 90071 213-229-7000 Email: jkim@gibsondunn.com PRO HAC VICE ATTORNEY TO BE NOTICED
Jennifer K. Bracht Gibson, Dunn & Crutcher LLP 1801 California Street Suite 4200 Denver, CO 80202-2642 (213) 229-7000 Email: jbracht@gibsondunn.com ATTORNEY TO BE NOTICED
Jonathan N. Soleimani Gibson, Dunn & Crutcher LLP 333 South Grand Avenue Los Angeles, CA 90071 213-229-7000 Email: jsoleimani@gibsondunn.com PRO HAC VICE ATTORNEY TO BE NOTICED
Lee Gelernt America Civil Liberties Union 125 Broad Street

New York, NY 10004 (212) 549-2616 Email: lgelernt@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
My Khanh Ngo American Civil Liberties Union 39 Drumm Street San Francisco, CA 94111 (415) 343-0764 Email: mngo@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Omar Jadwat American Civil Liberties Union 125 Broad Street, 18th floor New York, NY 212-549-2620 Email: ojadwat@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
Patrick Hayden Gibson, Dunn & Crutcher LLP 200 Park Avenue New York, NY 10166 (212) 351-4000 Email: phayden@gibsondunn.com PRO HAC VICE ATTORNEY TO BE NOTICED
Sarah M. Rich Southern Poverty Law Center 150 E. Ponce de Leon Ave., Suite 340 Decatur, GA 30030 404-221-5830 Email: sarah.rich@splcenter.org PRO HAC VICE ATTORNEY TO BE NOTICED
Spencer Amdur American Civil Liberties Union 39 Drumm Street

V.
Defendant
Sheriff Richard A. Ramsay in his official capacity

San Francisco, CA 415-343-1198 Email: samdur@aclu.org PRO HAC VICE ATTORNEY TO BE NOTICED
represented by Bruce Wallace Jolly Purdy Jolly Giuffreda & Barranco PA 2455 E Sunrise Boulevard Suite 1216 Fort Lauderdale, FL 33304 954-462-3200 Fax: 462-3861 Email: bruce@purdylaw.com TERMINATED: 07/06/2020 LEAD ATTORNEY ATTORNEY TO BE NOTICED
Harrison Adan Joss Purdy Jolly Giuffreda Barranco , Jisa PA 2455 East Sunrise Boulevard Suite 1216 Fort Lauderdale, FL 33304 954-462-3200 Fax: 954-462-3861 Email: harrison@purdylaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED
Adriana Mihaela Jisa Purdy, Jolly, Giuffreda Barranco & Jisa, P.A. Florida 2455 East Sunrise Blvd., Suite 1216 Ft. Lauderdale Fort Lauderdale, FL 33304 954-462-3200 Email: adriana@purdylaw.com ATTORNEY TO BE NOTICED

Richard A. Giuffreda Purdy Jolly Giuffreda Barranco & Jisa PA 2455 E Sunrise Boulevard Suite 1216 Fort Lauderdale, FL 33304 954-462-3200 Fax: 462-3861 Email: richard@purdylaw.com ATTORNEY TO BE NOTICED

Date Filed 12/03/2018 12/03/2018
12/03/2018 12/03/2018

# Docket Text

Complaint pursuant to 42 USC 1983 against Richard A. Ramsay.

1

Filing fee $ 400.00 receipt number 113C-11206151, filed by Peter

Sean Brown. (Attachments: # 1 Civil Cover Sheet,

# 2 Summon(s))(Kacou, Amien) (Entered: 12/03/2018)

2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton.

Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (lbc) (Entered: 12/03/2018)
3 Summons Issued as to Richard A. Ramsay. (lbc) (Entered: 12/03/2018)

4 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have

not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I.
Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of nondocumentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.

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Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 12/3/2018. (osk) (Entered: 12/03/2018)

5 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simonton's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 12/3/2018. (osk) (Entered: 12/03/2018)

Notice of Pending, Refiled, Related or Similar Actions by Peter

6

Sean Brown (Kacou, Amien) (Entered: 12/03/2018)

7 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Spencer Amdur. Filing Fee $ 75.00 Receipt # 113C-11219470 by Peter Sean Brown. Responses due by 12/20/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/06/2018)

8 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Cody Wofsy. Filing Fee $ 75.00 Receipt # 113C-11219518 by Peter Sean Brown. Responses due by 12/20/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/06/2018)

9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Omar Jadwat. Filing Fee $ 75.00 Receipt # 113C-11219560 by Peter Sean Brown. Responses due by 12/20/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/06/2018)

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10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Lee Gelernt. Filing Fee $ 75.00 Receipt # 113C-11219602 by Peter Sean Brown. Responses due by 12/20/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/06/2018)
11 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 7 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 27 is GRANTED. Spencer Amdur may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to samdur@aclu.org. Signed by Chief Judge K. Michael Moore on 12/7/2018. (osk) (Entered: 12/07/2018)
12 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 8 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 27 is GRANTED. Cody Wofsy may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to cwofsy@aclu.org. Signed by Chief Judge K. Michael Moore on 12/7/2018. (osk) (Entered: 12/07/2018)
13 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 9 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 27 is GRANTED. Omar Jadwat may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to ojadwat@aclu.org. Signed by Chief Judge K. Michael Moore on 12/7/2018. (osk) (Entered: 12/07/2018)
14 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 10 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the

12/07/2018 12/07/2018 12/07/2018 12/08/2018

Motion 27 is GRANTED. Lee Gelernt may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to lgelernt@aclu.org. Signed by Chief Judge K. Michael Moore on 12/7/2018. (osk) (Entered: 12/07/2018)
15 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Avi Garbow. Filing Fee $ 75.00 Receipt # 113C-11223920 by Peter Sean Brown. Responses due by 12/21/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/07/2018)
16 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jonathan Soleimani. Filing Fee $ 75.00 Receipt # 113C-11223974 by Peter Sean Brown. Responses due by 12/21/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/07/2018)
17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jason Kim. Filing Fee $ 75.00 Receipt # 113C-11223983 by Peter Sean Brown. Responses due by 12/21/2018 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 12/07/2018)
18 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended

12/08/2018

complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I.
Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of nondocumentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.
Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 12/8/2018. (osk) (Entered: 12/08/2018)
19 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO CHIEF MAGISTRATE JUDGE ANDREA M. SIMONTON. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the

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above-captioned Cause is referred to United States Magistrate Judge Andrea M. Simonton to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Andrea M. Simonton's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge Simonton, in the drop down menu Judge Information. Signed by Chief Judge K. Michael Moore on 12/8/2018. (osk) (Entered: 12/08/2018)
20 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 15 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 16 is GRANTED. Avi Garbow may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to agarbow@gibsondunn.com. Signed by Chief Judge K. Michael Moore on 12/8/2018. (osk) (Entered: 12/08/2018)
21 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 16 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 16 is GRANTED. Jonathan Soleimani may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to jsoleimani@gibsondunn.com. Signed by Chief Judge K. Michael Moore on 12/8/2018. (osk) (Entered: 12/08/2018)
22 PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. 17 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 17 is GRANTED. Jason Kim may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to jkim@gibsondunn.com.

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12/14/2018

Signed by Chief Judge K. Michael Moore on 12/8/2018. (osk) (Entered: 12/08/2018)
23 SUMMONS (Affidavit) Returned Executed on 1 Complaint 42 USC 1983 or Bivens with a 21 day response/answer filing deadline by Peter Sean Brown. Richard A. Ramsay served on 12/4/2018, answer due 12/26/2018. (Kacou, Amien) (Entered: 12/08/2018)
24 NOTICE of Attorney Appearance by Bruce Wallace Jolly on behalf of Richard A. Ramsay. Attorney Bruce Wallace Jolly added to party Richard A. Ramsay(pty:dft). (Jolly, Bruce) (Entered: 12/11/2018)
25 ORDER TRANSFERRING CASE to Judge Kathleen M. Williams for all further proceedings, accepted and signed on 12/12/2018. Chief Judge K. Michael Moore no longer assigned to case Signed by Chief Judge K. Michael Moore on 12/12/2018. See attached document for full details. (cds) (Entered: 12/13/2018)
26 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sarah M. Rich. Filing Fee $ 75.00 Receipt # 113C-11240312 by Peter Sean Brown. Responses due by 12/27/2018 (Bonilla Lopez, Viviana) (Entered: 12/13/2018)
27 PAPERLESS ORDER REFERRING 26 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sarah M. Rich. Filing Fee $ 75.00 Receipt # 113C-11240312 filed by Peter Sean Brown. ORDER REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive Matters. Ch. Magistrate Judge Andrea M. Simonton no longer assigned as referral judge in this case. Motions referred to Judge Edwin G. Torres. Signed by Judge Kathleen M. Williams on 12/14/2018. (jws) (Entered: 12/14/2018)
28 PAPERLESS ORDER granting 26 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Sarah M. Rich. The Clerk shall add pro hac counsel as co-counsel of record for Plaintiff.
Signed by Magistrate Judge Edwin G. Torres on 12/14/2018. (EGT) (Entered: 12/14/2018)

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02/22/2019 03/08/2019

29 MOTION for Extension of Time to File Response/Reply/Answer by Richard A. Ramsay. (Jolly, Bruce) (Entered: 12/20/2018)

30 PAPERLESS ORDER granting 29 Unopposed Motion for Extension of Time to File Response/Answer to Plaintiff's Complaint. Upon a review of the motion and for good cause shown, Defendant's motion is GRANTED. Defendant shall file a response to Plaintiff's complaint by January 2, 2019 and Plaintiff shall, if appropriate, file a response by January 23, 2019. Signed by Judge Kathleen M. Williams on 12/20/2018. (jws) (Entered: 12/20/2018)

ANSWER and Affirmative Defenses to Complaint with Jury

31

Demand by Richard A. Ramsay. (Jolly, Bruce) (Entered:

01/02/2019)

32 ORDER. Responses due by 2/8/2019. Signed by Judge Kathleen M. Williams on 1/2/2019. See attached document for full details. (lbc) (Entered: 01/02/2019)

33 STATUS REPORT by Peter Sean Brown (Attachments: # 1 Supplement Jointly Proposed Schedule)(Kacou, Amien) (Entered: 02/08/2019)

34 SCHEDULING ORDER: Jury Trial set for 2/3/2020 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 1/28/2020 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 2/11/2019. See attached document for full details. (cds)

Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 02/11/2019)

35 Unopposed MOTION to Withdraw as Attorney by Avi Garbow for / by Peter Sean Brown. Responses due by 3/8/2019 (Attachments: # 1 Text of Proposed Order Proposed Order Granting Unopposed Motion to Withdraw as Counsel)(Kacou, Amien) (Entered: 02/22/2019)

36 PAPERLESS ORDER granting 35 Motion to Withdraw as Attorney. Avi Samuel Garbow withdrawn from case as counsel or Plaintiff who remains represented in the action through other counsel of record.

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Signed by Magistrate Judge Edwin G. Torres on 3/8/2019. (EGT) (Entered: 03/08/2019)
37 Request for Clerk to Appoint Mediator(Kacou, Amien) (Entered: 03/13/2019)
38 Clerk's Appointment of Mediator: Thomas D. Lardin added (pt) (Entered: 03/14/2019)
39 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Heather L. Richardson. Filing Fee $ 75.00 Receipt # 113C11525551 by Peter Sean Brown. Responses due by 4/16/2019 (Attachments: # 1 Certification of H. Richardson in support of PHV Application, # 2 Text of Proposed Order Granting H. Richardson PHV Application)(Kacou, Amien) (Entered: 04/02/2019)
40 PAPERLESS ORDER granting 39 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Heather L. Richardson as co-counsel of record for Plaintiff.
Signed by Magistrate Judge Edwin G. Torres on 4/3/2019. (EGT) (Entered: 04/03/2019)
41 (STRICKEN PER DE#42)NOTICE by Richard A. Ramsay of Taking Deposition (Plaintiff) (Jolly, Bruce)Text Modified on 4/4/2019 (cqs). (Entered: 04/03/2019)
42 PAPERLESS ORDER STRIKING 41 Notice (Other) of Deposition filed by Richard A. Ramsay. Defendant's notice of deposition is STRICKEN for failure to comply with the Local Rules for the Southern District of Florida. Local Rule 26.1 provides "[i]nitial and expert disclosures and the following discovery requests, responses, objections, notices or any associated proof of service shall not be filed until they are used in the proceeding or the court orders their filing: (1) deposition transcripts; (2) interrogatories; (3) requests for documents, electronically stored information or things, or to permit entry upon land; (4) requests for admission; (5) notices of taking depositions or notices of serving subpoenas; and (6) privilege logs. Going forward, failure to comply with the Local Rules, the Federal Rules of Civil Procedure, and this Court's policies and procedures may

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result in sanctions. Signed by Judge Kathleen M. Williams on 4/3/2019. (jws) (Entered: 04/03/2019)
43 PAPERLESS ORDER TO SHOW CAUSE. The Court's Scheduling Order 34 required that "[w]ithin thirty (30) days of the date of this Order, the Parties shall: select a mediator certified under Local Rule 16.2(b); schedule a time, date, and place for mediation; and jointly file a proposed order scheduling mediation." Although the Parties filed a joint motion for the Clerk to appoint a mediator and a mediator was appointed on March 14, 2019, the Parties have nonetheless failed to comply with this requirement. Accordingly, the Parties are ORDERED TO SHOW CAUSE by April 4, 2019 at 5:00 p.m. as to why sanctions should not be imposed for their failure to comply with Court order. Signed by Judge Kathleen M. Williams on 4/3/2019. (jws) (Entered: 04/03/2019)
44 RESPONSE TO ORDER TO SHOW CAUSE re 43 Order to Show Cause,,, by Peter Sean Brown. (Attachments: # 1 Exhibit A Notice of Filing Proposed Mediation Order, # 2 Text of Proposed Order Granting Joint Motion to File Out of Time Mediation Order)(Kacou, Amien) (Entered: 04/04/2019)
45 PAPERLESS ORDER SCHEDULING MEDIATION. A mediation conference in this matter shall be held with Thomas D. Lardin on August 21, 2019, at 10:00 a.m., at 401 E. Las Olas Blvd, Fort Lauderdale, Florida, 33301. This date shall not be rescheduled without leave of Court, which will not be granted absent a motion setting forth good cause. The parties are responsible for ensuring that within three business days of the mediation, a mediation report is filed, indicating whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. Signed by Judge Kathleen M. Williams on 4/4/2019. (jws) (Entered: 04/04/2019)
46 PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 5/10/2019 at 02:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. (js02) (Entered: 04/17/2019)
47 PAPERLESS ORDER re [D.E. 46] Notice re Hearing:
The discovery hearing previously set for 5/10/2019 is RESCHEDULED to 5/9/2019 at 2:30 p.m. The parties shall continue to comply with the requirements of the Order Setting

04/26/2019 04/30/2019 04/30/2019
05/20/2019 05/20/2019 05/22/2019
05/28/2019

Discovery Procedures with respect to submission of materials for that hearing by 5/6/2019.

Signed by Magistrate Judge Edwin G. Torres on 4/17/2019. (EGT) (Entered: 04/17/2019)

48 PAPERLESS NOTICE of Hearing: Discovery Hearing RESET for 5/7/2019 02:30 PM in Miami Division before Magistrate Judge Edwin G. Torres, James Lawrence King Federal Justice Building, 99 NE 4th Street, 10th Floor - Courtroom 5, Miami, FL 33132. (mdc) (Entered: 04/26/2019)

MOTION to Continue Hearing by Richard A. Ramsay. Responses

49

due by 5/14/2019 (Jolly, Bruce) (Entered: 04/30/2019)

50 PAPERLESS ORDER granting 49 Motion to Continue Hearing, for good cause shown in the unopposed motion:

Discovery Hearing re-set for 5/30/2019 11:00 AM in Miami Division before Magistrate Judge Edwin G. Torres. Compliance with submission of related materials due by 5/20/2019.

Signed by Magistrate Judge Edwin G. Torres on 4/30/2019. (EGT) (Entered: 04/30/2019)

51 NOTICE of Compliance re Discovery Hearing by Peter Sean Brown re 46 Notice re Hearing, 50 Order on Motion to Continue, (Kacou, Amien) (Entered: 05/20/2019)

52 Unopposed MOTION to Withdraw as Attorney by Nancy Gbana Abudu for / by Peter Sean Brown. Responses due by 6/3/2019 (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion to Withdraw as Counsel)(Kacou, Amien) (Entered: 05/20/2019)

53 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer K. Bracht. Filing Fee $ 75.00 Receipt # 113C-11667685 by Peter Sean Brown. Responses due by 6/5/2019 (Attachments: # 1 Certification of Jennifer K. Bracht, # 2 Text of Proposed Order Granting Motion to Appear Pro Hac Vice)(Kacou, Amien) (Entered: 05/22/2019)
54 PAPERLESS NOTICE OF CANCELLATION OF HEARING: Hearing currently set for May 30, 2019 is hereby CANCELLED. (abu) (Entered: 05/28/2019)

05/28/2019 05/29/2019 05/30/2019 05/31/2019
06/10/2019 06/11/2019 06/13/2019 06/18/2019

55 PAPERLESS NOTICE of Hearing: The discovery hearing set for May 30, 2019 will now take place on June 13, 2019 at 3:30 P.M. The parties must still comply with the requirements found in this Court's standing Discovery Order. (abu) (Entered: 05/28/2019)

56 NOTICE of Attorney Appearance by Daniel Boaz Tilley on behalf of Peter Sean Brown. Attorney Daniel Boaz Tilley added to party Peter Sean Brown(pty:pla). (Tilley, Daniel) (Entered: 05/29/2019)

57 NOTICE by Richard A. Ramsay of Filing Answers to Interrogatories (Jolly, Bruce) (Entered: 05/30/2019)
58 PAPERLESS ORDER granting 52 Motion to Withdraw as Attorney. Nancy Gbana Abudu withdrawn from case as counsel for plaintiff who is separately represented by counsel in the action; granting 53 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Jennifer K. Bracht. The Clerk shall add pro hac counsel as counsel of record for Plaintiff.

Signed by Magistrate Judge Edwin G. Torres on 5/31/2019. (EGT) (Entered: 05/31/2019)

59 NOTICE of Compliance re June 13 Discovery Hearing by Peter Sean Brown re 55 Notice re Hearing, (Kacou, Amien) (Entered: 06/10/2019)

MOTION to Take Deposition from Peter Sean Brown by Richard

60

A. Ramsay. (Jolly, Bruce) (Entered: 06/11/2019)

61 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing HELD on 6/13/2019. Total time in court: 1 hour: 08 minutes. Attorney Appearance(s): Daniel Boaz Tilley, Jonathan N. Soleimani, Bruce Wallace Jolly, (Digital 15:44:41 - 16:53:13) (mdc) (Entered: 06/13/2019)
62 TRANSCRIPT of Discovery Hearing (Transcribed from the Digital Audio Recording) held on June 13, 2019, before Magistrate Judge Edwin G. Torres, 1-76 pages, Court Reporter: Lisa Edwards, 305-439-7168 / reporterlisaedwards@gmail.com. (Digital 15:44:41.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 7/9/2019. Redacted Transcript Deadline set for 7/19/2019. Release of Transcript Restriction set for 9/16/2019. (le) (Entered: 06/18/2019)

06/20/2019 06/25/2019 06/25/2019 06/27/2019 06/27/2019 07/08/2019 07/11/2019
07/11/2019
07/11/2019

63 Corrected Transcript and Notice of Correction of the Discovery Hearing (Transcribed from the Digital Audio Recording) held on June 13, 2019, before Magistrate Judge Edwin G. Torres, 1-76 pages, re: 62 Transcript. Court Reporter: Lisa Edwards, 305-4397168 / reporterlisaedwards@gmail.com. (le) (Entered: 06/20/2019)
64 PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 7/3/2019 at 10:30 AM in Miami Division before Magistrate Judge Edwin G. Torres. (js02) (Entered: 06/25/2019)
65 RESPONSE in Opposition re 60 MOTION to Take Deposition from Peter Sean Brown filed by Peter Sean Brown. Replies due by 7/2/2019. (Kacou, Amien) (Entered: 06/25/2019)
66 PAPERLESS NOTICE OF CANCELLATION OF HEARING: The Discovery Hearing set for 7/3/2019 at 10:30 AM is hereby CANCELLED. (abu) (Entered: 06/27/2019)
67 PAPERLESS NOTICE of Hearing: Discovery Hearing RESET for July 11, 2019 at 01:30 PM in the Miami Division before Magistrate Judge Edwin G. Torres. (abu) (Entered: 06/27/2019)
68 NOTICE of Compliance re July 11 Discovery Hearing by Peter Sean Brown re 67 Notice re Hearing (Kacou, Amien) (Entered: 07/08/2019)
69 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for PATRICK HAYDEN. Filing Fee $ 75.00 Receipt # 113C11804961 by Peter Sean Brown. Responses due by 7/25/2019 (Attachments: # 1 Certification of Patrick Hayden, # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 07/11/2019)
70 DISCOVERY ORDER: ORDER Granting Motion to Take Deposition of Confined Person.
Signed by Magistrate Judge Edwin G. Torres on 7/11/2019. See attached document for full details. (EGT) (Entered: 07/11/2019)
73 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 7/11/2019. Total time in court: 1 hour(s) : 1 minutes. Attorney Appearance(s): Daniel Boaz Tilley, Viviana Teresa Bonilla Lopez, Bruce Wallace Jolly, (Digital 13:36:56) (mdc) (Entered: 07/19/2019)

07/17/2019 07/17/2019
07/19/2019 07/23/2019 07/23/2019

71 PAPERLESS ORDER granting 69 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing. The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4. Therefore, the Clerk is directed to add Patrick Hayden, Esq. as counsel of record for Defendant and allow counsel to be noticed electronically on CM/ECF.
Docket Order Signed by Magistrate Judge Edwin G. Torres on 7/17/2019. (abu) (Entered: 07/17/2019)
72 PAPERLESS ORDER granting 69 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Patrick Hayden.
The Court finds that the application satisfies the requirements of S.D. Fla. Local Atty. R. 4.
Therefore, the Clerk is directed to add Patrick Hayden, Esq. as counsel of record for Plaintiff and allow counsel to be noticed electronically on CM/ECF.
Signed by Magistrate Judge Edwin G. Torres on 7/17/2019. (js02) (Entered: 07/17/2019)
74 Discovery Order re July 11, 2019 Hearing. Signed by Magistrate Judge Edwin G. Torres on 7/19/2019. See attached document for full details. (js02) (Entered: 07/19/2019)
75 PAPERLESS ORDER denying as moot 60 Motion to Take Deposition as an Order was already entered on 7/11/2019 for the requested deposition.
Signed by Magistrate Judge Edwin G. Torres on 7/23/2019. (EGT) (Entered: 07/23/2019)
76 Unopposed MOTION to Continue Trial Date and Remaining Pretrial Deadlines re 34 Scheduling Order,, by Peter Sean Brown. Responses due by 8/6/2019 (Attachments: # 1 Text of Proposed Order Granting Unopposed Motion for Continuance of Trial and Remaining Pretrial Deadlines, # 2 Affidavit of Jonathan N. Soleimani in Support of Unopposed Motion for Continuance of Trial and Remaining Pretrial Deadlines, # 3 Exhibit A - Excerpts of Transcript from June 13, 2019 Discovery Hearing)(Kacou, Amien) (Entered: 07/23/2019)

07/24/2019
07/29/2019 07/29/2019 08/01/2019 08/01/2019 08/01/2019 08/11/2019 08/13/2019
08/13/2019

77 AMENDED SCHEDULING ORDER: Granted In Part: 76 Unopposed MOTION to Continue Trial Date and Remaining Pretrial Deadlines re 34 Scheduling Order,, filed by Peter Sean Brown. ( Jury Trial set for 4/13/2020 in Miami Division before Judge Kathleen M. Williams., Calendar Call set for 4/7/2020 11:00 AM before Judge Kathleen M. Williams.), Signed by Judge Kathleen M. Williams on 7/24/2019. See attached document for full details. (cds)
Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 07/24/2019)
78 PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 8/2/2019 at 10:45 AM in Miami Division before Magistrate Judge Edwin G. Torres. (js02) (Entered: 07/29/2019)
79 PAPERLESS NOTICE of Hearing: **TIME AND DATE CHANGE** Discovery Hearing RESET for 8/16/2019 at 09:00 AM in Miami Division before Magistrate Judge Edwin G. Torres. (js02) (Entered: 07/29/2019)
80 Defendant's MOTION to Change Venue by Richard A. Ramsay. Responses due by 8/15/2019 (Jolly, Bruce) (Entered: 08/01/2019)
81 MOTION Motion to Dismiss for Plaintiff's Invocation of the Fifth Amendment Privilege During Deposition by Richard A. Ramsay. (Jolly, Bruce) (Entered: 08/01/2019)
82 NOTICE of Attorney Appearance by Harrison Adan Joss on behalf of Richard A. Ramsay. Attorney Harrison Adan Joss added to party Richard A. Ramsay(pty:dft). (Joss, Harrison) (Entered: 08/01/2019)
83 NOTICE of Compliance re August 16, 2019 Discovery Hearing by Peter Sean Brown re 79 Notice re Hearing (Kacou, Amien) (Entered: 08/11/2019)
84 Joint MOTION for Extension of Time to Mediate to September 3, 2019 by Peter Sean Brown. (Attachments: # 1 Affidavit of Jonathan N. Soleimani in support of Joint Motion to Continue Mediation Date, # 2 Text of Proposed Order Granting Joint Motion to Continue Mediation Date)(Kacou, Amien) (Entered: 08/13/2019)
85 NOTICE of Attorney Appearance by Anne Janet Hernandez Anderson on behalf of Peter Sean Brown. Attorney Anne Janet

08/14/2019 08/15/2019 08/15/2019
08/16/2019 08/16/2019

Hernandez Anderson added to party Peter Sean Brown(pty:pla). (Hernandez Anderson, Anne) (Entered: 08/13/2019)
86 PAPERLESS ORDER granting 84 Joint Motion for Extension of Time to Mediate. The Parties shall attend mediation on September 3, 2019, at 10:00 a.m. and shall file their mediation report on that date. Mediation Deadline 9/3/2019. Signed by Judge Kathleen M. Williams on 8/14/2019. (jws) (Entered: 08/14/2019)
87 RESPONSE in Opposition re 80 Defendant's MOTION to Change Venue filed by Peter Sean Brown. Replies due by 8/22/2019. (Tilley, Daniel) (Entered: 08/15/2019)
88 RESPONSE in Opposition re 81 MOTION Motion to Dismiss for Plaintiff's Invocation of the Fifth Amendment Privilege During Deposition filed by Peter Sean Brown. Replies due by 8/22/2019. (Attachments: # 1 Declaration of J. Soleimani in support of Plaintiff's Opposition to Motion to Dismiss, # 2 Exhibit A Transcript of Plaintiff's Deposition, # 3 Exhibit B - Dkt. 51 2019.05.20 - Notice of Compliance, # 4 Exhibit C - Dkt. 59 2019.06.10 - Amended Notice of Compliance, # 5 Exhibit D - Dkt. 68 - 2019.07.08 - Notice of Compliance, # 6 Exhibit E - Dkt. 83 2019.08.11 - Notice of Compliance, # 7 Exhibit F - 2019.04.09 Plaintiff's Meet and Confer Email with Defendant Regarding Discovery, # 8 Exhibit G - 2019.04.16 - Plaintiff's Email re Lingering Disputes and Hearing with J. Torres, # 9 Exhibit H 2019.06.26 - Plaintiff's Discovery Letter re Defendant's Failure to Comply with June 13 Bench Rulings, # 10 Exhibit I - Dkt. 74 2019.07.19 - Order Granting in Part Plaintiff's Motion to Compel, # 11 Exhibit J - 2019.07.23 - Plaintiff's Letter Regarding Productions and Responses Ordered by Court on July 11, 2019)(Tilley, Daniel) (Entered: 08/15/2019)
89 PAPERLESS ORDER SETTING HEARING. A hearing is SET as to 80 Defendant's Motion to Change Venue and 81 Defendant's Motion to Dismiss for Plaintiff's Invocation of the Fifth Amendment Privilege During Deposition for September 13, 2019 at 1:00 PM in the Miami Division, 400 N. Miami Ave., Miami, FL 33128, Courtroom 11-3, before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 8/16/2019. (jws) (Entered: 08/16/2019)
90 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Edwin G. Torres: Discovery Hearing held on 8/16/2019. Total time in court: 59 minutes. Attorney Appearance(s): Daniel

08/16/2019
08/19/2019
08/22/2019 08/22/2019 08/26/2019 08/28/2019 08/28/2019

Boaz Tilley, Viviana Teresa Bonilla Lopez, Bruce Wallace Jolly, (Digital 09:10:01) (mdc) (Entered: 08/16/2019)
91 NOTICE by Peter Sean Brown of Motion to Excuse Physical Presence at Mediation (Attachments: # 1 Exhibit Decl. of S. Rich ISO Pl.'s Mot. to Excuse Physical Presence at Mediation, # 2 Exhibit Ex. A to SMR Decl - 8.14.19 Email from B Jolly to S Joleimani, # 3 Exhibit Ex. B to SMR Decl - 8.12.19 Email from S Rich to B Jolly, # 4 Exhibit Ex. C to SMR Decl - 8.13.19 Email from S Rich to B Jolly, # 5 Exhibit Ex. D to SMR Decl - 8.12.19 Email from B Jolly to J Soleimani, # 6 Exhibit Ex. E to SMR Decl - 8.13.19 Email from B Jolly to J Soleimani) (Bonilla Lopez, Viviana) (Entered: 08/16/2019)
92 PAPERLESS ORDER GRANTING MOTION. THIS MATTER is before the Court on Plaintiff's 91 motion to be excused from physically appearing at mediation. Upon a review of the record and the motion, it is ORDERED that Plaintiff's motion is GRANTED and Plaintiff is excused from physically appearing at mediation on September 3, 2019. Plaintiff's counsel shall make reasonable efforts to arrange for Plaintiff to appear via telephone or video conference during mediation. Signed by Judge Kathleen M. Williams on 8/19/2019. (jws) (Entered: 08/19/2019)
93 REPLY to Response to Motion re 80 Defendant's MOTION to Change Venue filed by Richard A. Ramsay. (Joss, Harrison) (Entered: 08/22/2019)
94 REPLY to Response to Motion re 81 MOTION Motion to Dismiss for Plaintiff's Invocation of the Fifth Amendment Privilege During Deposition filed by Richard A. Ramsay. (Joss, Harrison) (Entered: 08/22/2019)
95 ORDER denying 80 Defendant's Motion to Change Venue. Signed by Magistrate Judge Edwin G. Torres on 8/26/2019. See attached document for full details. (js02) (Entered: 08/26/2019)
96 MOTION to Amend/Correct Answer by Richard A. Ramsay. Responses due by 9/11/2019 (Jolly, Bruce) (Entered: 08/28/2019)
97 PAPERLESS ORDER denying 96 Defendant's Motion to Amend Answer. Defendant's motion to amend his answer to include a counterclaim for costs of incarceration pursuant to Florida state law is DENIED. The Parties' motions to amend pleadings were due on April 2, 2019 and discovery is due November 18, 2019. See Mingo v. Sugar Cane Growers Co-Op of Fla., 864 F.2d 101, 102 (11th Cir. 1989) (holding that "[t]he district court possesses the

08/29/2019 09/02/2019 09/04/2019
09/04/2019

inherent power to police its docket"). District courts have "unquestionable" authority to control their own dockets. Canada v. Mathews, 449 F.2d 253, 255 (5th Cir. 1971). "[T]he schedule set forth by the Court may only be modified for good cause and with the court's consent... To establish good cause, the party seeking the extension must establish that the schedule could not be met despite the party's diligence." Ashmore v. Sec'y, Dep't of Transp., 503 F. App'x 683, 685 (11th Cir. 2013). Therefore, the Court finds that good cause has not been shown as to why Defendant should be permitted to file an untimely, unrelated counterclaim at this late stage of the litigation. Signed by Judge Kathleen M. Williams on 8/28/2019. (jws) (Entered: 08/28/2019)
98 Second MOTION for Extension of Time to Mediate by Peter Sean Brown. (Attachments: # 1 Affidavit of S. Rich ISO Joint Emergency Motion for Extension of Mediation Deadlines Due to Hurricane Dorian, # 2 Text of Proposed Order Granting Joint Emergency Motion for Extension of Mediation Deadlines Due to Hurricane Dorian)(Kacou, Amien) (Entered: 08/29/2019)
99 NOTICE by Peter Sean Brown JOINT NOTICE OF CANCELLATION OF MEDIATION DUE TO EFFECTS OF HURRICANE DORIAN (Hernandez Anderson, Anne) (Entered: 09/02/2019)
100 PAPERLESS ORDER granting 98 Joint Motion for Extension of Time to Mediate. The Parties' motion for an extension of time to mediate due to weather conditions is GRANTED nunc pro tunc. Within three (3) days of the date of this Order, the Parties shall: select a mediator certified under Local Rule 16.2(b); schedule a time, date, and place for mediation; and jointly file a proposed order scheduling mediation as shown on the Sample Form Order Scheduling Mediation found in the Forms located on the Court's website. The Parties shall complete mediation and file a notice indicating whether this case settled in full or in part by October 4, 2019. Signed by Judge Kathleen M. Williams on 9/4/2019. (jws) (Entered: 09/04/2019)
PAPERLESS ORDER RESETTING HEARING. **TIME CHANGE ONLY** The hearing as to 81 Defendant's Motion to Dismiss is RESET for September 13, 2019 at 2:00 PM in the Miami Division, 400 N. Miami Ave., Miami, FL 33128, Courtroom 11-3, before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 9/4/2019. (jws) (Entered: 09/04/2019)

09/06/2019 09/06/2019 09/06/2019 09/10/2019
09/13/2019 09/13/2019
09/13/2019

101 DISCOVERY ORDER re August 16, 2019 hearing.
Signed by Magistrate Judge Edwin G. Torres on 9/6/2019. See attached document for full details. (EGT) (Entered: 09/06/2019)
102 NOTICE of Mediator Selection and Hearing. Added Thomas D. Lardin. Mediation Hearing set for 9/26/2019 at 10:00 a.m.. (Attachments: # 1 Text of Proposed Order Scheduling Mediation)(Tilley, Daniel) (Entered: 09/06/2019)
103 MOTION to Withdraw as Attorney by Viviana Bonilla Lopez for / by Peter Sean Brown. Responses due by 9/20/2019 (Attachments: # 1 Text of Proposed Order Granting V. Bonilla Lopez Motion to Withdraw)(Tilley, Daniel) (Entered: 09/06/2019)
104 TRANSCRIPT of Hearing held on 8/16/19 before Magistrate Judge Edwin G. Torres, 1-50 pages, Court Reporter: Joanne Mancari, 305-523-5635. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 10/1/2019. Redacted Transcript Deadline set for 10/11/2019. Release of Transcript Restriction set for 12/9/2019. (hh) (Entered: 09/10/2019)
105 PAPERLESS ORDER granting 103 Motion to Withdraw as Attorney. Viviana Teresa Bonilla Lopez is withdrawn from this case. Plaintiff remains represented by other counsel. Signed by Judge Kathleen M. Williams on 9/13/2019. (jws) (Entered: 09/13/2019)
106 PAPERLESS ORDER denying 81 Defendant's Motion to Dismiss. For the reasons stated in open court today, September 13, 2019, Defendant's motion to dismiss with prejudice Plaintiff's claims is DENIED. On or before September 23, 2019, the Parties shall confer to discuss any outstanding questions related to Plaintiff's invocation of his 5th Amendment rights during his deposition. If the Parties cannot agree on exchanging any remaining, necessary information, Defendant shall file a motion to compel listing specific questions to which he seeks answers, which will be ruled on by Judge Torres in due course. Signed by Judge Kathleen M. Williams on 9/13/2019. (jws) (Entered: 09/13/2019)
107 PAPERLESS Minute Entry for proceedings held before Judge Kathleen M. Williams: Status Conference held on 9/13/2019. Counsel of record present. Court Reporter: Patricia Sanders, 305-

09/24/2019 10/02/2019 10/08/2019
10/23/2019 10/29/2019 10/31/2019 10/31/2019
11/01/2019

523-5548 / Patricia_Sanders@flsd.uscourts.gov. (mso) (Entered: 09/13/2019)
108 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Andrew C. Bernstein. Filing Fee $ 75.00 Receipt # 113C12009935 by Peter Sean Brown. Responses due by 10/8/2019 (Tilley, Daniel) (Entered: 09/24/2019)
109 FINAL MEDIATION REPORT by James B. Chaplin. Disposition: Case did not settle.(Chaplin, James) (Entered: 10/02/2019)
110 PAPERLESS ORDER granting 108 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney(s) Andrew C. Bernstein. The Clerk shall add pro hac counsel as co-counsel of record for Plaintiff.
Signed by Magistrate Judge Edwin G. Torres on 10/8/2019. (EGT) (Entered: 10/08/2019)
111 PAPERLESS NOTICE of Hearing: A discovery hearing has been set for November 8, 2019 at 02:30 PM in the Miami Division before Magistrate Judge Edwin G. Torres. (abu) (Entered: 10/23/2019)
112 STIPULATION Motion RE: Stipulated Protective Order by Peter Sean Brown (Kacou, Amien)Text Modified on 10/29/2019 (cqs). (Entered: 10/29/2019)
113 ORDER approving and granting 112 Motion for Stipulated Protective Order.
Signed by Magistrate Judge Edwin G. Torres on 10/31/2019. See attached document for full details. (EGT) (Entered: 10/31/2019)
114 Second MOTION to Continue Trial and Remaining Pretrial Deadlines (Unopposed) by Peter Sean Brown. Responses due by 11/14/2019 (Attachments: # 1 Affidavit of Jason Kim in support of Second Unopposed Motion to Continue Trial and Remaining Pretrial Deadlines, # 2 Text of Proposed Order Granting Second Unopposed Motion to Continue Trial and Remaining Pretrial Deadlines)(Kacou, Amien) (Entered: 10/31/2019)
115 PAPERLESS ORDER granting 114 Plaintiff's Unopposed Motion to Continue Deadlines. Plaintiff's unopposed motion to extend

11/03/2019 11/07/2019
11/14/2019

various deadlines in the Scheduling Order and reset trial is GRANTED. The Scheduling Order is amended as follows: Calendar Call is RESET for July 14, 2020 at 11:00 AM in the Miami Division before Judge Kathleen M. Williams. Trial is RESET for July 20, 2020 at 9:00 AM in the Miami Division before Judge Kathleen M. Williams. By January 21, 2020, the Parties shall complete all discovery, including expert discovery. By February 18, 2020, the Parties shall file all dispositive pre-trial motions and memoranda of law. By April 27, 2020, the Parties shall each file one motion in limine. By May 21, 2020, the Parties shall file their joint pretrial stipulation, witness lists, and exhibit lists. The Parties shall also file final proposed jury instructions or conclusions of law (for non-jury trials). By May 21, 2020, the Parties shall submit their deposition designations. Signed by Judge Kathleen M. Williams on 11/1/2019. (jws) (Entered: 11/01/2019)
116 NOTICE of Compliance re November 8, 2019 Discovery Hearing by Peter Sean Brown re 111 Notice re Hearing (Kacou, Amien) (Entered: 11/03/2019)
117 NOTICE of Compliance Regarding November 8, 2019, Discovery Hearing and Opposition to Plaintiff's Proposed Discovery Requests by Richard A. Ramsay re 116 Notice of Compliance filed by Peter Sean Brown, 111 Notice re Hearing (Attachments: # 1 Exhibit A. Defendant's Response to Plaintiff's First Request for
Production, # 2 Exhibit B. June 13, 2013, Discovery Hearing Transcript, # 3 Exhibit C. Plaintiff's letter dated July 11, 2019, # 4 Exhibit D. Defendant's letter dated October 3, 2019, # 5 Exhibit E. Plaintiff's letter dated October 19, 2019, # 6 Exhibit
F. Defendant's letter dated October 22, 2019, # 7 Exhibit G. Composite Exhibit G) (Jolly, Bruce) (Entered: 11/07/2019)
118 TRANSCRIPT of discovery hearing held on 11-8-2019 before Magistrate Judge Edwin G. Torres, 1-28 pages, Court Reporter: Dawn Savino (Whitmarsh), 305-523-5598 / Dawn_Savino@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 12/5/2019. Redacted Transcript Deadline set for 12/16/2019. Release of Transcript Restriction set for 2/12/2020. (dwh) (Entered: 11/14/2019)

11/20/2019

119 PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 1/10/2020 at 02:30 PM in Miami Division before Magistrate Judge Edwin G. Torres. (js02) (Entered: 11/20/2019)

11/20/2019 120

DISCOVERY ORDER re 11/8/19 discovery hearing.
Signed by Magistrate Judge Edwin G. Torres on 11/20/2019. See attached document for full details. (EGT) (Entered: 11/20/2019)

11/25/2019

121 NOTICE of Change of Address by Anne Janet Hernandez Anderson (Hernandez Anderson, Anne) (Entered: 11/25/2019)

12/19/2019

122 NOTICE of Change of Address by Amien Kacou (Kacou, Amien) (Entered: 12/19/2019)

12/20/2019

123 CLERK'S NOTICE - Attorney Admissions has updated address information for attorney(s) Jennifer K. Bracht re 122 Notice of Change of Address. (cco) (Entered: 12/20/2019)

01/06/2020

124 PAPERLESS NOTICE OF CANCELLATION OF HEARING: The Discovery Hearing set for January 10, 2020 at 2:30 PM is hereby CANCELLED upon notice by the parties that the underlying discovery dispute has been resolved. (js02) (Entered: 01/06/2020)

02/18/2020

125 Plaintiff's MOTION to Seal ICE Materials per Local Rule 5.4 by Peter Sean Brown. (Attachments: # 1 Text of Proposed Order) (Tilley, Daniel) (Entered: 02/18/2020)

02/18/2020 126

Plaintiff's MOTION for Summary Judgment and Memorandum of Law by Peter Sean Brown. Responses due by 3/3/2020 (Tilley, Daniel) (Entered: 02/18/2020)

02/18/2020

127 MOTION for Summary Judgment by Richard A. Ramsay. Responses due by 3/3/2020 (Joss, Harrison) (Entered: 02/18/2020)

02/18/2020

128 Statement of: Material Facts in Support of His Motion for Final Summary Judgment by Richard A. Ramsay re 127 MOTION for Summary Judgment (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O, # 16 Exhibit P, # 17 Exhibit Q)(Joss, Harrison) Modified by restricting Exhibits C,F,G pending the Motion to Seal on 2/20/2020 (nc). Modified to restrict main document per order DE 141 (cbr). (Entered: 02/18/2020)

02/18/2020

129 Statement of: Undisputed Material Facts in Support of Plaintiff's Motion for Summary Judgment by Peter Sean Brown re 126
Plaintiff's MOTION for Summary Judgment and Memorandum of Law (Attachments: # 1 Exhibit Ex. A Defendants Answer (ECF No. 31) (Jan. 2, 2019), # 2 Exhibit Ex. B - Judge Torres Order (ECF No. 101) (Sept. 6, 2019), # 3 Exhibit Ex. C - Plaintiffs First Set of Requests for Admission to Defendant (Feb. 20, 2019), # 4 Exhibit Ex. D - Defendant's Answers to Plaintiff's First Set of Request for Admissions (Mar. 19, 2019), # 5 Exhibit Ex. E - Plaintiff's First Set of Interrogatories to Defendant (Feb. 26, 2019), # 6 Exhibit Ex. F - Defendant's Answers to Plaintiff's First Set of Interrogatories (May 30, 2019), # 7 Exhibit Ex. G - Defendant's Answers to Plaintiff's Second Set of Request for Admissions (July 18, 2019), # 8 Exhibit Ex. H -
Declaration of Peter Sean Brown (Feb. 12, 2020), # 9 Exhibit Ex. I - Major Timothy Age 30(b)(6) Dep. Tr. (July 16, 2019)_Redacted, # 10 Exhibit Ex. J - Major Timothy Age 30(b)(6) Dep. Tr. (Dec. 11, 2019), # 11 Exhibit Ex. K - Age 30(b)(6) Dep. (Dec. 11, 2019) Ex. 2 (BOA), # 12 Exhibit Ex. L - Age 30(b)(6) Dep. (Dec. 11, 2019) Ex. 3 (Email from E. Werbeck to S. Reitz (Mar. 5, 2018)), # 13 Exhibit Ex. M - Age 30(b)(6) Dep. (Dec. 11, 2019) Ex. 4 (Letter from L. Graybill et al. to R. Ramsay (Dec. 4,
2019)), # 14 Exhibit Ex. N - Age 30(b)(6) Dep. (Dec. 11, 2019) Ex. 6 (Florida Sheriffs Association Legal Alert), # 15 Exhibit Ex. O - Plaintiff Peter Brown Dep. Tr. (July 17, 2019)_Redacted, # 16 Exhibit Ex. P - Officer Polly Deihl Dep. Tr. (July 18, 2019), # 17 Exhibit Ex. Q - Jamie Denton 30(b)(6) Dep. Tr. (July 16, 2019)_Redacted, # 18 Exhibit Ex. R - Denton 30(b)(6) Dep. (July 16, 2019) Ex. 5 (MCSO Bureau Directive 2013), # 19 Exhibit Ex. S - Denton 30(b)(6) Dep. (July 16, 2019) Ex. 6 (MCSO Inmate Records)_Redacted, # 20 Exhibit Ex. T Jamie Denton 30(b)(6) Dep. Tr. (Dec. 11, 2019), # 21 Exhibit Ex. U - Denton 30(b)(6) Dep. (Dec. 11, 2019) Ex. 8 (Def.'s 3d Supp. Answers to Pl.'s Rogs (Oct. 15, 2019), # 22 Exhibit Ex. V Denton 30(b)(6) Dep. (Dec. 11, 2019) Ex. 9 (Letter from B. Jolly to J. Soleimani (July 2, 2019))_Redacted, # 23 Exhibit Ex. W Sgt. Eyner Diaz Dep. Tr. (Oct. 17, 2019), # 24 Exhibit Ex. X - Lt. Joseph Linares Dep. Tr. (Oct. 17, 2019)_Redacted, # 25 Exhibit Ex. Y - Linares Dep. Ex. 4 (Inmate Request Form (Apr. 16, 2018)), # 26 Exhibit Ex. Z - Linares Dep. Ex. 5 (Inmate Request Report), # 27 Exhibit Ex. AA - Linares Dep. Ex. 6 (Physical Information Form)_Redacted, # 28 Exhibit Ex. BB - Linares Dep. Ex. 7 (MCSO Booking Information)_Redacted, # 29 Exhibit Ex.

02/18/2020 02/18/2020
02/18/2020 02/19/2020

CC - Linares Dep. Ex. 8 (MCSO Master Name Index Record)_Redacted, # 30 Exhibit Ex. DD - Linares Dep. Ex. 9 (Arrest Warrant)_Redacted, # 31 Exhibit Ex. EE - Brooke Lynch Dep. Tr. (Jan. 7, 2020), # 32 Exhibit Ex. FF - Sgt. Andrew Paskiewicz Dep. Tr. (July 19, 2019), # 33 Exhibit Ex. GG - ICE Asst. Field Office Dir. Garrett Ripa Dep. Tr. (Nov. 7, 2019)_Redacted, # 34 Exhibit Ex. HH - Ripa Dep. Ex. 1 (DHS Immigration Retainer Notice of Action (Form I-247A))_Redacted, # 35 Exhibit Ex. II - Ripa Dep. Ex. 4 (Immigration Alien Response)_Redacted, # 36 Exhibit Ex. JJ - Ripa Dep. Ex. 7 (PCQS Report)_Redacted, # 37 Exhibit Ex. KK - Ripa Dep. Ex. 8 (EOIR Report)_Redacted, # 38 Exhibit Ex. LL - Ripa Dep. Ex. 15 (4.27.18 EARM Case Comments)_Redacted, # 39 Exhibit Ex. MM - Ripa Dep. Ex. 16 (Email from L. Cabarcas to G. Pederson
(Apr. 26, 2018))_Redacted, # 40 Exhibit Ex. NN - Ripa Dep. Ex. 17 (12.10.18 EARM Case Comments)_Redacted, # 41 Exhibit Ex. OO - Release Sheet, # 42 Exhibit Ex. PP - Property Report_Redacted, # 43 Exhibit Ex. QQ - Booking Information_Redacted, # 44 Exhibit Ex. RR - Offense Report_Redacted, # 45 Exhibit Ex. SS - Arrest Report_Redacted, # 46 Exhibit Ex. TT - Driver and Vehicle Information Database (DAVID) Record for Peter Brown_Redacted, # 47 Exhibit Ex. UU - Complaint (ECF No. 1) (Dec. 3, 2018))(Tilley, Daniel) (Entered: 02/18/2020)
130 Unopposed MOTION to File Exhibits "D" and "Q" Conventionally re 128 Statement, by Richard A. Ramsay. (Joss, Harrison) (Entered: 02/18/2020)
131 PAPERLESS ORDER granting 130 Defendant's Unopposed Motion. Defendant's motion to file two exhibits to his motion for summary judgment conventionally is GRANTED. Exhibits D and Q to Defendant's motion for summary judgment shall be filed conventionally by February 21, 2020. Signed by Judge Kathleen M. Williams on 2/18/2020. (jws) (Entered: 02/18/2020)
132 PAPERLESS ORDER granting 125 Plaintiff's Unopposed Motion to Seal. Plaintiff shall file the exhibits listed in the motion to seal under seal and such exhibits shall remain sealed until further order of this Court. Signed by Judge Kathleen M. Williams on 2/18/2020. (jws) (Entered: 02/18/2020)
SYSTEM ENTRY - Docket Entry 133 [misc] restricted/sealed until further notice. (1349805) (Entered: 02/19/2020)

02/19/2020 02/19/2020
02/20/2020 02/20/2020
02/20/2020 02/21/2020
02/21/2020 02/21/2020

134 MOTION for Leave to File Under Seal re 128 Statement, by Richard A. Ramsay. (Joss, Harrison) (Entered: 02/19/2020)
135 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for My Khanh Ngo. Filing Fee $ 75.00 Receipt # AFLSDC-12476870 by Peter Sean Brown. Responses due by 3/4/2020 (Attachments: # 1 Certification Rule 4(b), # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 02/19/2020)
136 (STRICKEN) NOTICE by Richard A. Ramsay re 128 Statement,, of Conventionally Filing Exhibits "D" and "Q" in Support of Defendant Ramsay's Statement of Facts (Joss, Harrison)Text Modified on 2/20/2020 (cqs). (Entered: 02/20/2020)
137 Clerks Notice to Filer re 136 Notice (Other). Conventional Filing Filed Electronically; CORRECTIVE ACTION REQUIRED The Filer failed to submit the document in the conventional paper format. The Filer must file a Notice of Striking, then refile the document in the conventional paper format. (cqs) (Entered: 02/20/2020)
138 NOTICE by Richard A. Ramsay re 136 Notice (Other) of Striking (Joss, Harrison) (Entered: 02/20/2020)
139 PAPERLESS ORDER granting 134 Unopposed Motion to Seal. Defendant's motion to seal certain exhibits to his motion for summary judgment is GRANTED. Defendant shall refile redacted versions of exhibits C, G and F to the docket and shall file unredacted version of these exhibits under seal. These exhibits shall remain sealed until further order by this Court. Signed by Judge Kathleen M. Williams on 2/21/2020. (jws) (Entered: 02/21/2020)
140 Unopposed MOTION for Leave to File Defendant's Statement of Facts in Support of Final Summary Judgment Under Seal by Richard A. Ramsay. (Attachments: # 1 Exhibit A)(Joss, Harrison) (Entered: 02/21/2020)
141 PAPERLESS ORDER granting 140 Unopposed Motion for Leave to File Under Seal. Defendant's motion to seal the statement of facts in support of his motion for summary judgment is GRANTED. Defendant shall refile a redacted version of the statement of facts to the docket and shall file an unredacted version of the statement of facts under seal. Defendant's statement of facts shall remain sealed until further order by this Court.

02/21/2020 02/21/2020 02/25/2020 02/25/2020
02/25/2020
02/25/2020
03/09/2020 03/09/2020

Signed by Judge Kathleen M. Williams on 2/21/2020. (jws) (Entered: 02/21/2020)
142 NOTICE by Richard A. Ramsay re 128 Statement,, Filing Exhibits Under Seal (Attachments: # 1 Exhibit C, # 2 Exhibit F, # 3 Exhibit G) (Joss, Harrison) (Entered: 02/21/2020)
143 NOTICE by Richard A. Ramsay re 141 Order on Motion for Leave to File,, Defendant's Redacted Statement of Facts in Support of Defendant's Motion for Final Summary Judgment [DE 127] (Attachments: # 1 Defendant's Redacted Statement of Facts) (Joss, Harrison) (Entered: 02/21/2020)
SYSTEM ENTRY - Docket Entry 144 [misc] restricted/sealed until further notice. (1777513) (Entered: 02/25/2020)
145 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 129 Statement,,,,,,,,,,,,,,,, 126
Plaintiff's MOTION for Summary Judgment and Memorandum of Law by Richard A. Ramsay. (Joss, Harrison) (Entered: 02/25/2020)
146 PAPERLESS ORDER granting 135 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney My Khanh Ngo. The Clerk shall add pro hac counsel as co-counsel for Plaintiff.
Signed by Magistrate Judge Edwin G. Torres on 2/25/2020. (EGT) (Entered: 02/25/2020)
147 PAPERLESS ORDER. The Parties' agreed motion 145 to extend the briefing deadlines for their cross motions for summary judgment is GRANTED. The Parties shall file their responses in opposition to the motions for summary judgment by March 9, 2020 and shall file their replies by March 19, 2020. Signed by Judge Kathleen M. Williams on 2/25/2020. (jws) (Entered: 02/25/2020)
148 RESPONSE in Opposition re 127 MOTION for Summary Judgment filed by Peter Sean Brown. Replies due by 3/16/2020. (Tilley, Daniel) (Entered: 03/09/2020)
149 RESPONSE to Motion re 126 Plaintiff's MOTION for Summary Judgment and Memorandum of Law Defendant's Response to Plaintiff's Statement of Undisputed Material Fact [DE

03/09/2020
03/09/2020 03/16/2020 03/19/2020
03/19/2020 03/19/2020 03/20/2020
03/27/2020 03/30/2020

129] filed by Richard A. Ramsay. Replies due by 3/16/2020. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Joss, Harrison) (Entered: 03/09/2020)
150 RESPONSE in Opposition re 126 Plaintiff's MOTION for Summary Judgment and Memorandum of Law filed by Richard A. Ramsay. Replies due by 3/16/2020. (Joss, Harrison) (Entered: 03/09/2020)
151 Statement of: Material Facts in Response to Defendant's Statement of Material Facts by Peter Sean Brown re 128 Statement,, (Tilley, Daniel) (Entered: 03/09/2020)
152 Defendant's REPLY to 127 MOTION for Summary Judgment by Richard A. Ramsay. (Joss, Harrison) (Entered: 03/16/2020)
153 Unopposed MOTION for Leave to File DE 149-4 Exhibit "D" of Defendant's Response to Plaintiff's Undisputed Statement of Material Facts in Support of Final Summary Judgment [DE 129] Under Seal, or in the Alternative, to Direct the Clerk of Court to Seal 149-4 Exhibit "D" from Public Review by Richard A. Ramsay. (Joss, Harrison) (Entered: 03/19/2020)
154 REPLY to Response to Motion re 126 Plaintiff's MOTION for Summary Judgment and Memorandum of Law filed by Peter Sean Brown. (Tilley, Daniel) (Entered: 03/19/2020)
155 Statement of: Material Facts in Reply to Defendant's Additional Statement of Facts in Opposition by Peter Sean Brown re 149 Response to Motion, (Tilley, Daniel) (Entered: 03/19/2020)
156 PAPERLESS ORDER granting 153 Defendant's Unopposed Motion for Leave to File Under Seal. The Clerk is ORDERED to seal Exhibit D to docket entry 149 [149-4]. This document shall remain sealed until further order. Signed by Judge Kathleen M. Williams on 3/20/2020. (jws) (Entered: 03/20/2020)
157 Unopposed MOTION to Stay Pretrial and Trial Deadlines by Peter Sean Brown. Responses due by 4/10/2020 (Attachments: # 1 Text of Proposed Order)(Tilley, Daniel) (Entered: 03/27/2020)
158 PAPERLESS ORDER granting in part and denying in part 157 Plaintiff's Unopposed Motion to Stay. The deadlines in the Court's scheduling order are STAYED for 60 days. By May 29, 2020, the Parties shall submit a joint proposed scheduling

03/31/2020 04/23/2020 04/30/2020 05/26/2020 05/27/2020
05/28/2020 06/30/2020 07/06/2020
07/28/2020

order with revised pre-trial deadlines and a proposed trial date. Signed by Judge Kathleen M. Williams on 3/30/2020. (jws) (Entered: 03/30/2020)
Reset Deadlines Per DE#158 Proposed Joint Scheduling Report due by 5/29/2020 (cqs) (Entered: 03/31/2020)
159 Notice of Supplemental Authority by Peter Sean Brown (Tilley, Daniel) (Entered: 04/23/2020)
160 NOTICE by Richard A. Ramsay re 159 Notice of Supplemental Authority Notice of Supplemental Authority (Joss, Harrison) (Entered: 04/30/2020)
161 Joint SCHEDULING REPORT - Rule 16.1 by Peter Sean Brown (Attachments: # 1 Supplement Joint Proposed Schedule, # 2 Text of Proposed Order)(Kacou, Amien) (Entered: 05/26/2020)
162 PAPERLESS ORDER GRANTING JOINT MOTION. The Parties' joint motion to continue the stay in this case is GRANTED. This case remains STAYED through July 29, 2020. On or before that date, the Parties shall submit a joint proposed scheduling order with revised pre-trial deadlines and a proposed trial date. Signed by Judge Kathleen M. Williams on 5/27/2020. (jws) (Entered: 05/27/2020)
163 NOTICE of Attorney Appearance by Richard A. Giuffreda on behalf of Richard A. Ramsay. Attorney Richard A. Giuffreda added to party Richard A. Ramsay(pty:dft). (Giuffreda, Richard) (Entered: 05/28/2020)
164 MOTION to Withdraw as Attorney by Bruce W. Jolly for / by Richard A. Ramsay. Responses due by 7/14/2020 (Jolly, Bruce) (Entered: 06/30/2020)
165 PAPERLESS ORDER granting 164 Motion to Withdraw as Attorney. Bruce Wallace Jolly withdrawn from case upon his well earned retirement, with substitute lead counsel filing a notice of appearance. Mr. Jolly is luckily free of any further obligation to dissect interrogatory responses.
Signed by Magistrate Judge Edwin G. Torres on 7/6/2020. (EGT) (Entered: 07/06/2020)
166 Joint SCHEDULING REPORT - Rule 16.1 by Peter Sean Brown (Attachments: # 1 Supplement Joint Proposed Schedule, # 2 Text of Proposed Order)(Tilley, Daniel) (Entered: 07/28/2020)

08/28/2020 167

AMENDED SCHEDULING ORDER: Jury Trial set for 1/19/2021 in Miami Division before Judge Kathleen M. Williams., Calendar Call set for 1/12/2021 11:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 8/28/2020. See attached document for full details. (shy)

Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 08/28/2020)

09/22/2020

168 Renewed MOTION to Change Venue by Richard A. Ramsay. Responses due by 10/6/2020 (Joss, Harrison) (Entered: 09/22/2020)

10/06/2020

169 RESPONSE in Opposition re 168 Renewed MOTION to Change Venue filed by Peter Sean Brown. Replies due by 10/13/2020. (Tilley, Daniel) (Entered: 10/06/2020)

10/13/2020

170 REPLY to Response to Motion re 168 Renewed MOTION to Change Venue filed by Richard A. Ramsay. (Joss, Harrison) (Entered: 10/13/2020)

10/13/2020 171

Unopposed MOTION to Stay Pretrial and Trial Deadlines by Peter Sean Brown. Responses due by 10/27/2020 (Attachments: # 1 Text of Proposed Order)(Tilley, Daniel) (Entered: 10/13/2020)

10/20/2020 172

ORDER denying 168 Defendant's Motion to Change Venue with leave to renew, if necessary, at a closer date to trial.

10/23/2020

Signed by Magistrate Judge Edwin G. Torres on 10/20/2020. See attached document for full details. (js02) (Entered: 10/20/2020)
173 PAPERLESS ORDER denying 171 Motion to Stay. The Parties' Motion to Stay is DENIED. However, the deadlines and trial schedule set forth in the Amended Scheduling Order 167

01/06/2021

are CONTINUED. The Parties shall file their Motions In Limine by January 15, 2021. The Parties shall file their Pretrial Stipulation and Deposition Designations by February 5, 2021. Signed by Judge Kathleen M. Williams on 10/23/2020. (shy) (Entered: 10/23/2020)
174 Unopposed MOTION to Continue Pretrial and Trial Deadlines by Peter Sean Brown. Responses due by 1/20/2021 (Attachments: # 1 Text of Proposed Order)(Tilley, Daniel) (Entered: 01/06/2021)

01/12/2021

175 PAPERLESS ORDER. THIS MATTER is before the Court on the Parties' Motion to Continue 174 . The Motion is GRANTED. The Parties shall adhere to the schedule as set forth in the Motion. Calendar Call is SET for 5/18/2021 11:00 AM in Miami Division before Judge Kathleen M. Williams. Jury Trial is SET for 5/24/2021 in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 1/12/2021. (shy) (Entered: 01/12/2021)

02/08/2021

176 NOTICE of Attorney Appearance by Adriana Mihaela Jisa on behalf of Richard A. Ramsay. Attorney Adriana Mihaela Jisa added to party Richard A. Ramsay(pty:dft). (Jisa, Adriana) (Entered: 02/08/2021)

03/08/2021 177

Unopposed MOTION to Continue Pretrial and Trial Deadlines by Peter Sean Brown. Responses due by 3/22/2021 (Attachments: # 1 Text of Proposed Order)(Kacou, Amien) (Entered: 03/08/2021)

03/11/2021

178 PAPERLESS ORDER. THIS MATTER is before the Court on the

Parties' Motion to Continue 177 . The Motion is GRANTED. The Parties shall adhere to the schedule as set forth in the Motion. Signed by Judge Kathleen M. Williams on 3/11/2021. (shy) (Entered: 03/11/2021)

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4:18-cv-10279KMW 2.10

 
 Case 4:18-cv-10279-KMW Document 1 Entered on FLSD Docket 12/03/2018 Page 1 of 20

UNITED STATES DISTRICT COURT SOUTHERN DISTRICT OF FLORIDA
KEY WEST DIVISION

Peter Sean Brown, Plaintiff,
v. Richard A. Ramsay, in his official capacity as Sheriff of Monroe County,
Defendant.

Case No. 18-cv-_______ JURY TRIAL DEMANDED

COMPLAINT

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Case 4:18-cv-10279-KMW Document 1 Entered on FLSD Docket 12/03/2018 Page 2 of 20
INTRODUCTION 1. This action challenges the unlawful arrest and detention of U.S. citizen Peter Sean Brown by the Monroe County Sheriff’s Office (“Sheriff’s Office” or “Sheriff”). 2. The Sheriff’s Office arrested Mr. Brown pursuant to its policy and practice of carelessly and aggressively arresting people for Immigration and Customs Enforcement (“ICE”), under a Basic Ordering Agreement (“BOA”) between the two agencies. The BOA scheme, which provides the Sheriff with $50 per arrest, is an attempt to put a new gloss on local arrests for ICE. But the BOA changes nothing about the unlawfulness of the arrest in this case. 3. Mr. Brown is a U.S. citizen, born in Philadelphia, who lives in the Florida Keys. In April 2018, the Sheriff’s Office illegally detained him in response to a request from ICE. Throughout his detention, Mr. Brown repeatedly told the Sheriff’s officers that he was a U.S. citizen and could not be deported or held for ICE. He offered to produce his birth certificate. His friend and co-worker called the jail on his behalf to explain his citizenship. He filed multiple written grievances explaining that he was born in the United States. The Sheriff’s own jail file showed that he was a U.S. citizen born in Philadelphia and had a valid Florida driver’s license. 4. Despite his repeated protests to multiple jail officers, his offer to produce proof, and the jail’s own records, the Sheriff’s Office held Mr. Brown so that ICE could deport him to Jamaica—a country where he has never lived and knows no one. The Sheriff’s Office ignored all the indications that it was illegally detaining Mr. Brown. It did nothing to investigate his citizenship. It did not contact ICE to pass along this urgent information, or ask for a review of Mr. Brown’s files. It did not seek any further information from Mr. Brown or anyone else. It simply held Mr. Brown, in violation of his constitutional rights and after he was entitled to release under state law, so that he could be picked up by ICE and deported from the country
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Case 4:18-cv-10279-KMW Document 1 Entered on FLSD Docket 12/03/2018 Page 3 of 20
where he was born and has lived his entire life. If not for the last-minute intervention of a friend who sent a copy of his birth certificate to an ICE agent, Mr. Brown would have been illegally deported because of the Sheriff’s actions.
5. The Sheriff’s Office held Mr. Brown because of a detention request from ICE known as a “detainer.” A detainer asks a state or local agency, like the Sheriff’s Office, to hold an individual for up to 48 hours after there is no longer any basis to hold the person under state law—whether because the person posts bond, completes his sentence, or otherwise resolves his state charges. The detainer request is conveyed through a check-box form that ICE fills out remotely and faxes to the Sheriff.
6. Holding an individual for a new purpose, after he should otherwise be released, constitutes a new arrest. Yet the Sheriff’s Office has no policies or training in place to address information that arises after it receives a detainer request, and therefore does nothing to ensure that it has probable cause to hold each individual who is subject to such a request. Instead, the Sheriff’s Office’s policy and practice is to effectuate every detainer request it receives from ICE, no matter what other information about the person it may receive. But law enforcement officers cannot ignore evidence that negates probable cause, nor can they refuse to obtain easily discoverable facts that would exculpate the subject of an arrest. The Sheriff’s policy and practice of automatically executing ICE’s arrest instructions ensured that the Sheriff would violate people’s Fourth Amendment rights.
7. The Sheriff cemented this policy when he adopted a BOA with ICE and announced his intention to aggressively carry out ICE’s detention requests. The $50 payment the Sheriff’s Office receives under the BOA does not excuse the Sheriff from complying with the Constitution, and it does not change the legal consequences of his illegal arrest of Mr. Brown.
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Case 4:18-cv-10279-KMW Document 1 Entered on FLSD Docket 12/03/2018 Page 4 of 20
Multiple district and appellate courts have held that local law enforcement agencies that effectuate detainers are subject to liability for the constitutional violations that result.
8. Mr. Brown brings this lawsuit to vindicate his Fourth Amendment rights and his right to be free from false imprisonment under Florida law. Nobody should have to endure what he endured. He was kept in jail—away from his family, friends, and work—solely to facilitate his illegal deportation from the United States. The Sheriff’s Office ignored his pleas for weeks, mocked him, and led him to believe that he would soon find himself in a Jamaican prison. He suffered severe anxiety, fear, and trauma in the process. He was unable to find work for two weeks as a result. And he has continued to suffer serious emotional consequences since this ordeal ended. These negative outcomes are all the direct result of the Sheriff’s Office’s blatant disregard for Mr. Brown’s constitutional rights and its policy and practice of thoughtlessly effectuating ICE’s detainer requests despite evidence undermining their basis.
JURISDICTION AND VENUE 9. This Court has jurisdiction under 28 U.S.C. §§ 1331, 1343. 10. The Court has supplemental jurisdiction over Mr. Brown’s state law claim under 28 U.S.C. § 1367 because the state law claim is part of the same case or controversy. 11. The Court has remedial authority under 42 U.S.C. § 1983 and 28 U.S.C. § 2201. 12. Venue is proper in the Southern District of Florida because the Defendant resides in this District and a substantial portion of the events giving rise to the claims occurred in this District. 28 U.S.C. § 1391(b)(1)-(2).
PARTIES 13. Peter Sean Brown is a natural-born citizen of the United States who lives in Monroe County, Florida.
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Case 4:18-cv-10279-KMW Document 1 Entered on FLSD Docket 12/03/2018 Page 5 of 20
14. Richard A. “Rick” Ramsay is the Sheriff of Monroe County. He is the chief law enforcement officer and policymaker for the Monroe County Sheriff’s Office, which runs the Monroe County Detention Center, and which is a municipal agency under Florida law. Hufford v. Rodgers, 912 F.2d 1338, 1341 (11th Cir. 1990); see Samarco v. Neumann, 44 F. Supp. 2d 1276, 1287 (S.D. Fla. 1999). Sheriff Ramsay is sued in his official capacity.
BACKGROUND The Sheriff’s Seizure of Mr. Brown for ICE 15. Peter Sean Brown was born in Philadelphia, Pennsylvania in 1968. He grew up in New Jersey, where he lived for much of his 20s, working in restaurants and hotels. He moved to Florida about a decade ago. 16. Mr. Brown has lived in the United States his entire life. He spent one day in Jamaica during a cruise years ago, but has otherwise never been to Jamaica and does not have any connection to the country. 17. Mr. Brown currently lives in the Florida Keys, where he has worked in the restaurant industry for many years. 18. On April 5th, 2018, Mr. Brown turned himself in to the Sheriff’s Office for a probation violation after he tested positive for marijuana. He expected he would be in jail at the Monroe County Detention Center only until the probation violation was resolved, and that he would then be released back to his work and community. 19. The Sheriff’s Office took custody of Mr. Brown and, as part of its routine book-in procedures, it sent Mr. Brown’s fingerprints to the FBI, which automatically forwarded the fingerprints to ICE (as it does with all fingerprints from jails).
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Case 4:18-cv-10279-KMW Document 1 Entered on FLSD Docket 12/03/2018 Page 6 of 20
20. The next day, an ICE officer faxed the jail an I-247A detainer form. The detainer requested that the jail hold Mr. Brown for up to an additional 48 hours “beyond the time when he/she would otherwise have been released.” The form contained no narrative specific to Mr. Brown. It contained only a list of check boxes indicating generic bases for why a person might be removable. For Mr. Brown, boxes were checked indicating that he had a final removal order and unspecified “biometric confirmation.”
21. Shortly after receiving the ICE detainer, the Sheriff’s Office gave Mr. Brown a copy of the detainer form.
22. Mr. Brown was shocked and frightened to learn that he had been flagged for deportation. He immediately began telling nearly every jail employee he encountered that he was a U.S. citizen, born in Philadelphia, and that they should not be holding him for ICE.
23. At the same time, Mr. Brown’s friend and manager at Fogarty’s Restaurant (where he worked), Brooke Lynch, independently learned of his ICE detainer. She had heard that Mr. Brown was in jail, so she checked the Sheriff’s online inmate locator.
24. The website indicated that Mr. Brown had an ICE detainer lodged against him. It also contained a number of discrepancies: It indicated that Mr. Brown was 7 feet tall when, in reality, he is 5 feet, 7 inches tall. And it listed an incorrect birthdate for Mr. Brown, which did not match the detainer form.
25. Upon learning this, Ms. Lynch called the jail and told the Sheriff’s officers that Mr. Brown was a U.S. citizen, and so they could not hold him on an ICE detainer. She explained that he was born in Philadelphia, and that the jail’s listed birth date for Mr. Brown was wrong. The officers simply told her she should call ICE. They did not ask Ms. Lynch for any details
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Case 4:18-cv-10279-KMW Document 1 Entered on FLSD Docket 12/03/2018 Page 7 of 20
about her serious claim. The officers said they would hold Mr. Brown as long as the detainer remained in effect.
26. The Sheriff’s inmate file for Mr. Brown confirmed, in multiple places, that he was a U.S. citizen. The file lists his place of birth as “Philadelphia, Pennsylvania” in capital letters. This file was available to jail staff throughout Mr. Brown’s detention.
27. The inmate file also shows that Mr. Brown had a valid Florida driver’s license, which can only be obtained by U.S. citizens and non-citizens who have legal authorization to be in the United States. See Fla. Stat. § 322.051(1)(a)(3).
28. Mr. Brown verbally informed at least half a dozen employees of the Sheriff’s Office that he was a U.S. citizen who could not be held on an immigration detainer. None of them investigated his claim or otherwise took steps to ensure that he would not be held on the detainer.
29. The Sheriff’s officers uniformly refused to help Mr. Brown. They explained that—despite his protests—they would hold him on the ICE detainer unless ICE revoked it. They told him he could try to contact ICE, but that the Sheriff’s Office would not help him, and would instead continue to hold him beyond when he would otherwise be released from custody under state law.
30. In response, Mr. Brown told multiple jail officers that he had a birth certificate at home that proved his citizenship. He offered to ask his roommate to send it to the Sheriff’s Office. The officers told him not to bother, because it would not change anything. They said they would hold him on the ICE detainer no matter what, regardless of his birth certificate.
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31. Once it became clear that the Sheriff was planning to hold him on the ICE detainer despite his repeated explanations that he was a U.S. citizen, Mr. Brown decided to file a formal, written complaint with the Sheriff.
32. He filed his first written complaint on April 8, 2018. His complaint explained that he was being held pursuant to “a false immigration detainer,” and further stated in unequivocal terms: “I am and have always been a U.S. citizen.”
33. On April 11, the Sheriff’s officers responded that they would not help him. The entirety of the response read: “Sir, are you asking to go to the law lib[rary?] We can’t advise you on any legal process.”
34. Mr. Brown twice tried to call ICE from the jail, using the phone numbers listed on the detainer form. But he was never able to reach a live person. On one call, he was sent through an endless loop of automated messages, which never allowed him to speak to an actual person. On the other call, the phone just rang and rang, and never reached a person or even an answering machine.
35. Mr. Brown told a jail officer that he had tried calling ICE multiple times but was unable to reach anyone. The officer explained that there was nothing he could do to help Mr. Brown.
36. It is not surprising that Mr. Brown was unable to reach anyone at ICE with authority to revoke his detainer. The detainer form lists the phone number for the Law Enforcement Support Center (LESC). But the wait time for LESC calls is notoriously long, the hotline is staffed by contractors with no authority to cancel detainers, and even if a caller does manage to reach an ICE agent, it can take multiple days to track down a person’s files. Inmates
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often never get to that point, because many callers are placed on hold for an hour or more, and most inmates are not able to stay on the phone for that long.
37. Mr. Brown filed another written complaint with the Sheriff on April 16, 2018. He explained, “I have been wrongly accused and threatened with deportation from ICE,” but “I am and have always been a citizen of the United States.” His written complaint also explained that once before, 20 years ago in New Jersey, ICE’s predecessor agency had mistakenly arrested him but released him after learning that he was a U.S. citizen. He explained that “[n]ow as a 50 year old man,” he did not want to be “threatened with that humiliation again.”
38. The jail responded on April 17, in writing, that it would hold him for ICE regardless, and that it would not take any action to confirm his citizenship claim. As Lieutenant Linares wrote, “it is not up to us to determine the validity of the ICE hold. That is between you, your attorney and ICE.”
39. Mr. Brown again wrote to the Sheriff on April 19, stating, “I’m trying to obtain information concerning a[n in]valid ICE hold. I’m a US citizen. How is this even possible?” The Sheriff received the complaint the next day, on April 20, but did not respond.
40. During his time in detention, one of the officers Mr. Brown spoke with told Mr. Brown that the Sheriff recently had held another U.S. citizen for ICE. The officer explained that this other person had been held for almost a year, until it was determined that he was a U.S. citizen.
41. Mr. Brown’s court date for his probation violation was scheduled for April 26. Early that morning, jail employees woke him up to take him to court. At his court hearing, the judge reinstated his probation and ordered an end to his detention on the probation violation.
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42. The Sheriff’s Office did not release Mr. Brown after his hearing, as the judge had ordered. Instead, it rearrested Mr. Brown and transported him back to the jail, where he remained detained on the ICE hold.
43. Mr. Brown renewed his pleas for the Sheriff to release him because he was a U.S. citizen. The Sheriff’s officers mocked him. After Mr. Brown told them he was born in Philadelphia, one of the guards sang him the theme song to the 1990s TV show “Fresh Prince of Bel Air”—which references being “born and raised” in West Philadelphia. The guard then told Mr. Brown to stop “bothering” him.
44. Mr. Brown was terrified. As a gay man, he feared that he would be subject to abuse in detention once he arrived in Jamaica. See Human Rights Watch, Jamaica: Unchecked Homophobic Violence, Oct. 21, 2014.1
45. Mr. Brown had only been to Jamaica for one day, on a cruise years ago, and had no idea what to expect. The mocking and taunting by the Sheriff’s officers made him feel powerless and afraid.
46. In a final attempt to prevent his illegal detention, on April 26—three weeks after he was first detained—Mr. Brown filed one more written complaint to inform the Sheriff that he was a U.S. citizen who could not be held on an ICE detainer. He filed a written form stating that “I am being misclassified as an illegal Jamaican immigrant. . . . I am a U.S.A. citizen born in Philadelphia, Pennsylvania.”
47. By this point, every officer Mr. Brown had communicated with about his citizenship—both verbally and in writing—had told him that the Sheriff’s Office would hold him
1 Available at https://www.hrw.org/news/2014/10/21/jamaica-unchecked-homophobic- violence. 10

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on the ICE detainer no matter what, even if he was a U.S. citizen. Mr. Brown ended the April 26 letter by reminding the Sheriff, “I have asked for assistance which has been futile as of yet.”
48. Mr. Brown never received a response to his April 26 letter. 49. On the morning of April 27, jail officers woke Mr. Brown and told him to pack his bags. He asked where he was going, and they responded, “You’ll find out when you get there.” 50. Eventually, Mr. Brown learned that he was going to be taken to Krome Detention Center (“Krome”), an immigration detention facility in Miami. During the transfer procedure, he again notified jail staff that he was a U.S. citizen. He signed all documents by writing “U.S. Citizen” after his name. Jail staff again mocked him. One of them told Mr. Brown “Yeah, whatever mon, everything’s gonna be alright” in a Jamaican accent. 51. Mr. Brown was then held by the Sheriff with other ICE detainees for approximately two more hours, as they waited for ICE agents to pick them up. 52. When the ICE agents arrived, they put Mr. Brown on a bus that was bound for Krome, where immigrants are typically held immediately prior to their deportation. 53. Mr. Brown and the other detainees were not given food or water on the bus. When they arrived at Krome, they were forced to wait in the parking lot for approximately two hours. One of the detainees was sick and had to use the bathroom, but was not permitted to do so. As a result, he defecated on the bus. The ICE agents left the bus because of the smell, but made Mr. Brown and the other detainees stay on the bus. 54. Once Mr. Brown was inside Krome, ICE agents showed him what they claimed was his immigration file. The picture on the file was Mr. Brown’s intake photograph from the three-week detention in the Sheriff’s jail from which he had just been released. He knew this
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because in the photograph he was wearing the clothes he had been wearing on April 5, 2018, when he turned himself in to the Sheriff’s Office.
55. Mr. Brown was terrified that he could be put on a plane at any moment and deported to Jamaica.
56. Mr. Brown told the ICE agents that he was a U.S. citizen. Unlike the Sheriff’s Office, ICE officers agreed to look at Mr. Brown’s birth certificate.
57. On the afternoon of April 27, 2018, Mr. Brown’s roommate emailed Mr. Brown’s birth certificate to an ICE officer at Krome.
58. After confirming that Mr. Brown was a U.S. citizen, ICE hastily arranged for his release from Krome. Before he left, they confiscated all the documents they had given him regarding his impending deportation.
59. ICE released him alone in Miami, a several-hours’ drive from his home in the Keys, with no offer to arrange for his transport home.
60. The daughter of Mr. Brown’s roommate eventually picked him up and drove him home.
The Consequences of the Sheriff’s Unconstitutional Detention of Mr. Brown 61. The Sheriff’s decision to hold Mr. Brown caused him to suffer serious emotional consequences. After returning home, he was severely depressed, both because of the terror he had just experienced, and because of the demeaning treatment he suffered at the hands of the Sheriff’s officers. They made him fear he would be deported to a foreign country where he faced a serious threat of bodily harm. He is worried he will again be wrongfully held on an ICE detainer, and that he will again have no recourse, because the Sheriff’s Office continues to hold people unquestioningly whenever it receives a detainer request.
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62. Mr. Brown’s illegal arrest has also had serious financial consequences. During his detention, he lost his job at Fogarty’s Restaurant, which he had held for the previous two years. And because of the emotional fallout from his illegal arrest by the Sheriff’s Office, he was unable to search for a new job immediately upon release. He went without work for approximately two weeks before he found a new job at a deli.
Background on ICE Detainers 63. An ICE detainer (sometimes called an “ICE hold” or “immigration detainer”) is a request that ICE sends to a state or local jail to hold a person for up to an additional 48 hours after there is no longer a legal justification for the person’s detention under state law. 64. The request is conveyed through DHS Form I-247A, which contains pre-written check boxes indicating the reason ICE believes the person is removable. An ICE detainer is faxed by a federal employee, who typically has no communication with local officers and cannot be contacted later with questions or additional information. 65. Detainers may be accompanied by other paperwork, such as an I-200 administrative warrant, which is issued by an ICE police officer and directs other ICE officers to make an arrest. See 8 C.F.R. §§ 287.5(e)(3), 287.8(c)(1) (providing that only certain federal officers may execute an I-200). 66. Local jails have no obligation to hold a person on an ICE detainer; the detainer is purely a request from ICE. See Galarza v. Szalczyk, 745 F.3d 634, 641 (3d Cir. 2014). Jails are free to decline an ICE detainer for any reason, or for no reason at all. 67. Holding a person on an ICE detainer constitutes a new seizure for Fourth Amendment purposes, and therefore requires a new probable cause justification. See Morales v. Chadbourne, 793 F.3d 208, 218 (1st Cir. 2015).
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68. Regardless of what kind of probable cause is required for a detainer request, see, e.g., Creedle v. Miami-Dade Cty., No. 17-cv-22477, Dkt. 105 (S.D. Fla. Nov. 9, 2018), there is no question that officers cannot arrest a person when they lack probable cause to believe the person is removable or committed a crime. At the very least, if they learn that a person is not removable, local officers may not hold the person on an ICE detainer. See Morales, 793 F.3d at 215-16.
The Unreliability of ICE Detainers 69. Mr. Brown’s ordeal is not unique. In the last several years, ICE has placed immigration detainers on hundreds, if not thousands, of U.S. citizens, even though U.S. citizens are clearly not subject to removal or immigration detention. As a result, officials like the Sheriff who consistently effectuate ICE detainer requests are constantly at risk of carrying out unconstitutional seizures. 70. The unreliability of ICE’s detainer requests has been documented in study after study. For example, a recent study by the Cato Institute found that in just one Texas county, ICE issued 228 detainers against U.S. citizens from 2005 to 2017. If the proportion of detainers issued against U.S. citizens was the same across other counties, it would mean that ICE detainers have targeted approximately 3,500 U.S. citizens in Texas and at least 20,000 nationally. 71. Other studies have similarly found that ICE detainers frequently lead local law enforcement agencies to arrest people without probable cause, even of removability. A Syracuse University study found that, according to ICE’s own records, ICE placed detainers on 834 U.S. citizens over just a four-year period. Over the same period, ICE placed detainers on 20,281 legal permanent residents with no recorded criminal convictions, who therefore were likely not subject to removal.
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72. Studies by NPR and Northwestern University similarly found “that hundreds of American citizens each year find themselves” detained by local jails at ICE’s request.
73. Individual examples of U.S. citizens held on ICE detainers are too numerous to list. See, e.g., Andy East, U.S. Citizen Jailed in Immigration Status Mistake, TEXAS TRIBUNE (Feb. 27, 2016) (example of Ricardo Garza, U.S. citizen held for 36 days on an ICE detainer); Creedle v. Miami-Dade Cty., No. 17-cv-22477, Dkt. 105 (S.D. Fla. Nov. 9, 2018) (denying motion to dismiss claim by a U.S. citizen who was held on an ICE detainer by Miami-Dade County); Morales v. Chadbourne, 793 F.3d 208 (1st Cir. 2015) (U.S. citizen held twice for ICE by state jail); Galarza v. Szalczyk, 745 F.3d 634 (3d Cir. 2014) (U.S. citizen held on ICE detainer); Christine Hauser, U.S. Citizen Detained by ICE Is Awarded $55,000 Settlement, N.Y. TIMES (Oct. 29, 2018).
The Sheriff’s Policy and Practice of Holding People on ICE Detainers 74. Despite the clear problems with holding people on ICE detainers, the Sheriff has a policy and practice of effectuating all the detainers he receives from ICE, no matter what information he subsequently learns. 75. According to ICE records, the Sheriff has effectuated every single detainer he has received since at least 2015. 76. As multiple jail officers told Mr. Brown, the Sheriff’s policy dictated that Mr. Brown would be held on the detainer no matter what, as long as the detainer remained in effect. Every employee he spoke to confirmed this same policy, including the person responsible for managing the jail, Lieutenant Linares. 77. Despite Mr. Brown’s offer to produce a birth certificate and the Sheriff’s own records showing that he was born in Philadelphia—both proof of U.S. citizenship—every one of
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the Sheriff’s officers understood the Sheriff’s policy to require Mr. Brown’s re-arrest based on the detainer.
78. The Sheriff’s Office has issued a written policy directive, called Bureau Directive 2.013, which directs officers to extend a person’s detention whenever there is an ICE hold in place.
79. The Sheriff has no written policies, guidance, or training that addresses circumstances in which officers should not respond to an ICE detainer request. The Sheriff simply effectuates each one.
80. The Sheriff’s Office does not train its officers on how to evaluate or respond to information indicating that the target of an ICE detainer is a U.S. citizen or otherwise not subject to removal. Its officers therefore do not know about the legal standards for removability, naturalization, or derivative citizenship; the methods for verifying a person’s citizenship or immigration status; or the proper people to contact at ICE or other federal agencies. And the Sheriff’s Office has no system in place for tracking or investigating claims of U.S. citizenship.
81. The Sheriff’s Office recently held at least one other U.S. citizen for ICE. As the official in charge of the jail, the Sheriff was aware of that serious incident, as well as Mr. Brown’s detention.
82. In the wake of that earlier incident, the Sheriff failed to implement any policies or training to ensure he has probable cause whenever he holds a person for ICE. The Sheriff is aware that his officers are effectuating all of the detainers they receive.
83. The Sheriff’s Office’s policy and practice is to hold people on detainers even when it lacks probable cause.
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84. The Sheriff cemented this policy and practice in February 2018, when he signed an agreement with ICE to be reimbursed when he holds people on detainers. The agreement, which the Sheriff signed on February 14, 2018, is called a Basic Ordering Agreement, or “BOA.”
85. The Sheriff, along with other counties in Florida, announced the BOA at a January 17, 2018 press conference, at which the Sheriff reaffirmed his commitment to holding people on ICE detainers. Sheriff Ramsay participated personally in the press conference to announce his agency’s participation in the BOA program.
86. A BOA is not a contract, but rather an agreement that sets the terms for ongoing collaboration. It does not deputize local officers to perform immigration-officer functions pursuant to the training, certification, and supervision requirements of 8 U.S.C. § 1357(g)(1). Rather, the BOA simply reflects ICE’s agreement to pay the Sheriff $50 every time the Sheriff holds an individual on an ICE detainer. To keep track of such individuals, ICE sends an additional piece of paperwork with each detainer: an I-203 form, which is used to track an inmate’s location. But the detainer request still works the same way, and is still conveyed through the same I-247A form.
87. Since signing the BOA, the Sheriff has continued to effectuate every detainer he receives.
COUNTS Count 1 – Section 1983 Claim for Violation of the Fourth Amendment:
Unconstitutional Seizure 88. All the foregoing allegations are reincorporated herein.
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89. The Fourth Amendment to the United States Constitution prohibits “unreasonable searches and seizures,” which, at a minimum, requires arresting officers to have probable cause that the person is removable.
90. Holding a person on an immigration detainer constitutes a new seizure for Fourth Amendment purposes, and therefore requires a new probable cause justification.
91. The Sheriff’s Office seized Mr. Brown without probable cause. U.S. citizens are never subject to removal from the United States or detention for immigration purposes. Mr. Brown repeatedly told the Sheriff’s Office that he was a U.S. citizen, and the Sheriff’s own files established that Mr. Brown is a U.S. citizen.
92. The Fourth Amendment does not allow arresting officers to ignore information that negates probable cause and does not relieve them of their responsibility to conduct an investigation when it is safe and feasible to do so.
93. In seizing Mr. Brown, the Sheriff was acting under color of state law. 94. The Sheriff’s policy and practice of complying with all ICE detainer requests caused its violation of Mr. Brown’s Fourth Amendment rights. 95. As a result of the Sheriff’s unconstitutional seizure, Mr. Brown suffered, and continues to suffer, severe emotional harm. 96. As a result of the Sheriff’s unconstitutional seizure, Mr. Brown was unable to work for approximately two weeks after his eventual release.
Count 2 – False Imprisonment under Florida Law 97. All the foregoing allegations are reincorporated herein. 98. Florida law prohibits the unlawful and unreasonable restraint of a person against his will.
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99. Mr. Brown was unlawfully detained and deprived of liberty when the Sheriff rearrested and refused to release him following the resolution of his local charges.
100. Mr. Brown was held against his will after state law required his release. 101. The Sheriff had no authority to re-arrest Mr. Brown without verifying his repeated explanation that he was a U.S. citizen. 102. Mr. Brown’s arrest was unreasonable and unwarranted under the circumstances, given Mr. Brown’s repeated statements to multiple jail officers and the Sheriff’s complete failure to investigate his claims over multiple weeks. 103. Pursuant to Fla. Stat. § 768.28(6), Mr. Brown has provided the requisite administrative notice of his false imprisonment claim.
PRAYER FOR RELIEF Wherefore, Mr. Brown respectfully requests that this Court enter judgment in his favor and, in addition: A. Declare that his seizure by Sheriff Ramsay pursuant to his detainer policy and practice violates Mr. Brown’s rights under the Fourth Amendment of the U.S. Constitution; B. Declare that Mr. Brown’s detention and deprivation of liberty by the Sheriff constitutes false imprisonment under Florida law; C. Award Mr. Brown appropriate compensatory damages; D. Award Mr. Brown reasonable attorney’s fees and costs under 42 U.S.C. § 1988; and E. Grant any other relief the Court deems just and proper.
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Dated: December 3, 2018
Spencer E. Amdur* Cody H. Wofsy* American Civil Liberties Union 39 Drumm Street San Francisco, CA 94111 Telephone: (415) 343-1198 samdur@aclu.org cwofsy@aclu.org
Omar C. Jadwat* Lee Gelernt* American Civil Liberties Union 125 Broad Street New York, NY 10004 Telephone: (212) 549-2500 ojadwat@aclu.org lgelernt@aclu.org
Avi Garbow* Gibson, Dunn & Crutcher LLP 1050 Connecticut Avenue, N.W. Washington, DC 20036 Telephone: (202) 955-8500 agarbow@gibsondunn.com
Jonathan N. Soleimani* Jason S. Kim* Gibson, Dunn & Crutcher LLP 333 South Grand Avenue Los Angeles, CA 90071 Telephone: (213) 229-7000 jsoleimani@gibsondunn.com jkim@gibsondunn.com

Respectfully submitted,

/s/ Amien Kacou Amien Kacou (Fl. Bar No. 44302) ACLU Foundation of Florida, Inc. 4023 N. Armenia Avenue, Suite 450 Tampa, FL 33607 Telephone: (813) 288-8390 akacou@aclufl.org

Nancy Abudu (Fla. Bar No. 111881) ACLU Foundation of Florida, Inc. 4343 W. Flagler St., Suite 400 Miami, FL 33134 Telephone: (786) 363-2700 nabudu@aclufl.org

Sarah M. Rich*

Southern Poverty Law Center

150 E. Ponce de Leon Ave., Suite 340

Decatur, GA 30030

Telephone: (404) 521-6700

Fax:

(404) 221-5857

sarah.rich@splcenter.org

Viviana Bonilla López (Fla. Bar No. 1003205)

Southern Poverty Law Center

4770 Biscayne Blvd., Ste. 760

Miami, Florida 33137

Telephone: (786) 347-2056

Fax:

(786) 237-2949

viviana.bonillalopez@splcenter.org

Attorneys for Plaintiff *Pro hac vice application forthcoming

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