54171647;5 

UNITED STATES DISTRICT COURT 

SOUTHERN DISTRICT OF FLORIDA 

CASE NO. 9:20-cv-81063-RS 

STEVE HARTEL, Individually and On 

Behalf of All Others Similarly Situated, 

Plaintiff, 

v. 

THE GEO GROUP, INC., et al., 

Defendants. 

_____________________________________/ 

JOINT MOTION TO STAY OR ADJOURN DEADLINES IN 

ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF 

INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENT 

AND INCORPORATED MEMORANDUM OF LAW 

Plaintiff Steve Hartel (“Plaintiff”) and Defendants The GEO Group, Inc., George C. Zoley 

and Brian R. Evans (collectively, “Defendants”), hereby jointly move the Court for an Order 

staying or adjourning the September 4, 2020 deadline to (i) prepare and file a Joint Scheduling 

Report and Proposed Scheduling Order, (ii) prepare and file the Election to Jurisdiction, and (iii) to 

make initial disclosures pursuant to Fed. R. Civ. P. 26(a)(1), as set forth in the Court’s July 27, 

2020 Order Requiring Joint Scheduling Report, Certificates of Interested Parties and Corporate 

Disclosure Statement (the “July 27 Order”) [ECF No. 5], and state as follows: 

On July 7, 2020, Plaintiff filed his Class Action Complaint (“Complaint”), alleging 

violations of the federal securities laws [ECF No. 1]. Count I of the Complaint is a federal 

securities fraud claim arising under the Securities Exchange Act of 1934 (“Exchange Act”), 15 

U.S.C. § 78j(b), and Rule 10b-5 promulgated thereunder, 17 C.F.R. §240.10b-5. Count II of the 

Complaint is a federal securities fraud claim arising under the Exchange Act, 15 U.S.C. § 78t(a). 

Pursuant to the Private Securities Litigation Reform Act (“PSLRA”), 15 U.S.C. 78u-4, in any 

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action such as this one that asserts claims under the 1934 Securities Exchange Act, “all discovery 

and other proceedings shall be stayed during the pendency of any motion to dismiss.” See 15 

U.S.C. § 78u-4(b)(3)(B) (emphasis added). 

On August 12, 2020, Defendants filed their Motion to Dismiss Plaintiff’s Class Action 

Complaint and Incorporated Memorandum of Law (the “Motion to Dismiss”) [ECF No. 6]. On 

the same date, the GEO Group also filed its Corporate Disclosure Statement pursuant to Fed. R. 

Civ. P. 7.1 [ECF No. 7]. 

In addition, pursuant to the PSLRA, any member of the putative class may move the Court 

for appointment as lead plaintiff within sixty (60) days of the publication of the notice of pendency 

of this action. Here, the notice of pendency was published on July 7, 2020. Accordingly, the 

statutory lead plaintiff motion deadline is September 7, 2020, on which date Plaintiff anticipates 

that one or more putative class members may file such motions. 

The July 27 Order requires the parties to prepare and file, by September 4, 2020: (i) a Joint 

Scheduling Report, as required by Local Rule 16.1, that sets out a proposed case management and 

discovery plan; (ii) a Proposed Scheduling Order; (iii) Certificates of Interested Parties and 

Corporate Disclosure Statements; (iv) the Election to Jurisdiction by a United States Magistrate 

Judge for Final Disposition of Motions; and (v) if applicable, the Election to Jurisdiction by a 

United States Magistrate Judge for Trial form. [ECF No. 5 at ¶ 2]. The July 27 Order also directs 

the parties to make Initial Disclosures required under Federal Rule of Civil Procedure 26(a)(1) at 

or before the time the parties confer to develop their case management and discovery plan. [ECF 

No. 5 at ¶ 3]. 

The filing of Defendants’ Motion to Dismiss, as well as the unique statutory framework 

governing federal securities class actions as set forth below, provide good case for the Court to 

reconsider the September 4, 2020 deadline set forth in the July 27 Order. 

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Memorandum of Law 

Upon the filing of Defendants’ Motion to Dismiss, the PSLRA provides for an automatic 

stay of discovery during the pendency of the motion to dismiss:

(B) Stay of discovery 

In any private action arising under this chapter, all discovery and 

other proceedings shall be stayed during the pendency of any motion 

to dismiss, unless the court finds upon the motion of any party that 

particularized discovery is necessary to preserve evidence or to 

prevent undue prejudice to that party. 

15 U.S.C. § 78u-4(b)(3)(B) (emphasis added); see also Bryant v. Avado Brands, Inc., 187 F.3d 

1271, 1279 (11th Cir. 1999). The PSLRA is applicable to Plaintiff’s Complaint, which asserts 

claims based upon Sections 10(b) and 20(a) of the Exchange Act and Rule 10b-5. The PSLRA’s 

discovery stay was automatically effected upon the filing of Defendants’ Motion to Dismiss. 

In addition, the PSLRA also provides a procedure for appointment of a lead plaintiff and 

lead counsel. Specifically: 

(3) Appointment of lead plaintiff 

 (A) Early notice to class members 

 (i) In general Not later than 20 days after the date on which the complaint 

is filed, the plaintiff or plaintiffs shall cause to be published, in a widely circulated 

national business-oriented publication or wire service, a notice advising members 

of the purported plaintiff class— 

 (I) of the pendency of the action, the claims asserted therein, and the 

purported class period; and 

 (II) that, not later than 60 days after the date on which the notice is 

published, any member of the purported class may move the court to serve as lead 

plaintiff of the purported class. 

15 U.S.C. § 78u-4(a)(3)(A)(i)(I)-(II). Here, the requisite notice was published on July 7, 2020, 

meaning that any putative class member may seek appointment as lead plaintiff on or before 

September 7, 2020. 

Given the discovery stay mandated by the PSLRA, the parties believe that, at this time, it 

would be premature and inefficient to comply with the September 4, 2020 deadlines contained in 

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the July 27 Order (other than the Corporate Disclosure Statement under Rule 7.1, which has 

already been filed by the GEO Group). 

In addition, Plaintiff respectfully submits that because one or more other members of the 

putative class may file motions seeking appointment as lead plaintiff on the September 7, 2020 

statutory deadline, and because the Court may ultimately appoint a class member other than 

Plaintiff as lead plaintiff, Plaintiff may ultimately not be responsible for the leadership of this 

action. Accordingly, in addition to the statutory discovery stay, Plaintiff respectfully submits that 

the submissions addressed in the July 27 Order would also be premature until such time as the 

Court has appointed a lead plaintiff.1

WHEREFORE, Plaintiff and Defendants jointly and respectfully request that all discovery 

be stayed, and that the Court stay or adjourn the September 4, 2020 deadlines specified in the July 

27 Order, until the Court rules on the Defendants’ Motion to Dismiss (or any subsequently filed 

motion to dismiss an amended complaint).

1

 For the same reasons, Plaintiff further submits that because the Court-appointed lead 

plaintiff is likely to file an amended complaint, which would supersede the initial Complaint in 

this action, Plaintiff’s obligation to respond to Defendants’ motion to dismiss the initial Complaint 

should be stayed until after a lead plaintiff has been appointed and an amended complaint has been 

filed. The parties’ respective counsel have conferred on this point. Defendants disagree with 

Plaintiff’s position because the PSLRA does not prohibit a court from ruling on a motion to dismiss 

while lead plaintiff applications are pending; it actually encourages the filing of a motion to dismiss 

and provides that a court must address such a motion when filed. Accordingly, having satisfied 

the obligation to meet and confer pursuant to Civil L.R. 7.1(a)(3), Plaintiff intends to file a motion 

seeking entry of an order deferring the obligation to respond to Defendants’ motion to dismiss the 

initial Complaint until after a lead plaintiff has been appointed and an amended complaint has been 

filed. Once Plaintiff’s motion is filed, Defendants intend to file an opposition, setting forth their 

basis for objecting to such relief in more detail. 

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54171647;5 

Dated: August 20, 2020 

SHEPHERD, FINKELMAN, 

MILLER & SHAH, LLP

1625 North Commerce Parkway 

Suite 320 

Fort Lauderdale, FL 33326 

Telephone: (954) 515-0123 

Facsimile: (866) 300-7367 

By: /s/ Jayne A. Goldstein 

 Jayne A. Goldstein, Esq. 

 Florida Bar No. 144088 

jgoldstein@sfmslaw.com

POMERANTZ LLP 

James M. LoPiano, Esq. 

jlopiano@pomlaw.com

(pro hac vice application forthcoming) 

600 Third Avenue, 20th Floor 

New York, NY 10016 

Telephone: (212) 661-1100 

Facsimile: (212) 661-8665 

AKERMAN LLP

Three Brickell City Centre 

98 Southeast Seventh Street 

Suite 1100 

Miami, FL 33131 

Telephone: (305) 374-5600 

Facsimile: (305) 374-5095 

By: /s/ Brian P. Miller 

 Brian P. Miller, Esq. 

 Florida Bar No. 0980633 

brian.miller@akerman.com

 Samantha J. Kavanaugh, Esq. 

 Florida Bar No. 0194662 

samantha.kavanaugh@akerman.com

Counsel for Defendant The GEO Group, Inc.

BRONSTEIN, GEWIRTZ & 

GROSSMAN, LLC

Peretz Bronstein, Esq. 

peretz@bgandg.com

(pro hac vice application forthcoming) 

60 East 42nd Street, Suite 4600 

New York, NY 10165 

Telephone: (212) 697-6484 

Facsimile: (212) 697-7296 

Counsel for Plaintiff

GUNSTER, YOAKLEY & STEWART, P. A. 

600 Brickell Avenue, 35th Floor 

Miami, FL 33131 

Telephone: 305-376-6000 

Facsimile: 786 425-4090 

By: /s/ William K. Hill 

 William K. Hill, Esq. 

 Florida Bar Number: 747180 

 Primary: whill@gunster.com 

 Secondary: mmotola@gunster.com 

 George S. LeMieux, Esq. 

 Florida Bar Number: 16403 

 Primary: glemieux@gunster.com 

 Secondary: alevene@gunster.com

 Secondary: eservice@gunster.com

 Ernest “EJ” A. Cox IV, Esq. 

 Florida Bar Number: 124652 

 Primary: ecox@gunster.com

 Secondary: mmargolese@gunster.com

Counsel for Defendants George C. Zoley 

and Brian R. Evans

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