Hood v. Dep`t of Children & Families Docket

2/19/2015
Electronic Case Filing | U.S. District Court ­ Middle District of Florida
MAIL, OrlP­4, RYCE
U.S. District Court
Middle District of Florida (Ft. Myers)
CIVIL DOCKET FOR CASE #: 2:12­cv­00637­JES­DNF
Hood v. Department of Children and Families et al
Assigned to: Judge John E. Steele
Referred to: Magistrate Judge Douglas N. Frazier
Cause: 42:1983 Prisoner Civil Rights
Date Filed: 11/29/2012
Jury Demand: Both
Nature of Suit: 555 Prisoner Civil Rights
(Prison Condition)
Jurisdiction: Federal Question
Plaintiff
Ronald C. Hood, Jr. also known as
Erika Denise Hood
represented by Ronald C. Hood, Jr. #990304 Florida Civil Commitment Center 13619 S.E. Hwy. 70 Arcadia, FL 34266­7861 PRO SE
V.
Defendant
Department of Children and Families TERMINATED: 02/26/2014
represented by Daryl M. Manning Office of the Attorney General Suite 1100 501 E Kennedy Blvd Tampa, FL 33602 813/233­2880 Email:
[email protected] LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
David E. Wilkins Secretary of DCF
represented by Daryl M. Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
Defendant
Daniel Montaldi SVPP Administrator
https://ecf.flmd.uscourts.gov/cgi­bin/DktRpt.pl?102046800609173­L_1_0­1
represented by Daryl M. Manning (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED
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Date Filed
#
Docket Text
11/29/2012
1 COMPLAINT against Department of Children and Families, Daniel Montaldi,
David E. Wilkins with Jury Demand filed by Ronald C. Hood, Jr. (Attachments: # 1
Exhibit Not Imaged ­ Refer to Court File) (no fee/ifp; no service copies)(SLU)
(Entered: 11/29/2012)
11/29/2012
2 DECLARATION of Ronald C. Hood, Jr. (a/k/a Erika Denise Hood) in support of
motion to proceed in forma pauperis on 42 U.S.C. 1983 civil rights complaint form
for FCCC Residents by Ronald C. Hood, Jr. (SLU) (Entered: 11/29/2012)
11/29/2012
3 STANDING ORDER: Filing of documents that exceed twenty­five pages. Signed
by All Divisional Judges on 12/7/09. (SLU) (Entered: 11/29/2012)
11/29/2012
4 STANDING ORDER for all confined, pro se litigants. Signed by All Divisional
Judges on 11/29/2012. (SLU) (Entered: 11/29/2012)
12/04/2012
5 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 ­
track 1. Notice of pendency of other actions due by 12/18/2012. Signed by All
Divisional Judges on 12/4/2012. (BJH) (Entered: 12/04/2012)
12/13/2012
6 NOTICE of pendency of related cases re 5 Related case order and notice of
designation of track 1 per Local Rule 1.04(d) by Ronald C. Hood, Jr. Related
case(s): no (Attachments: # 1 Mailing Envelope)(SLU) (Entered: 12/13/2012)
12/19/2012
7 ORDER to file proof of indigency. Plaintiff within 21 days shall either submit the
$350 filing fee or submit a computer printout. Plaintiff's failure to do one or either
of the above actions or to explain noncompliance within the allotted time will result
in the dismissal of this action without further notice. Signed by Magistrate Judge
Douglas N. Frazier on 12/19/2012. (drn) (Entered: 12/19/2012)
12/19/2012
8 ORDER re 2 Declaration filed by Ronald C. Hood, Jr. plaintiff has within twenty­
one (21) days of this the date of this Order either submit the $350.00 filing fee; or,
shall submit a true and correct copy of a computer printout containing all
transactions in Plaintiff's FCCC Resident Account. Signed by Magistrate Judge
Douglas N. Frazier on 12/19/2012. (RMT) (Entered: 12/20/2012)
12/21/2012
9 MOTION for leave to proceed in forma pauperis/affidavit of indigency with
attached prisoner computer account printout by Ronald C. Hood, Jr. (Attachments:
# 1 Mailing Envelope)(kma) Modified on 1/9/2013 to edit event and docket text
(SLU). (Entered: 12/23/2012)
01/14/2013
10 MOTION to appoint counsel by Ronald C. Hood, Jr. (Attachments: # 1 Mailing
Envelope)(SLU) Motions referred to Magistrate Judge Douglas N. Frazier.
(Entered: 01/14/2013)
01/14/2013
11 MOTION for preliminary injunction by Ronald C. Hood, Jr. (Attachments: # 1
Mailing Envelope)(SLU) (Entered: 01/14/2013)
01/14/2013
12 ORDER granting 9 Motion for leave to proceed in forma pauperis/affidavit of
indigency, to the extent that Plaintiff is assessed a one­time $24.00 partial filing
fee, as opposed to the full filing fee. Plaintiff shall forward a check to the Clerk of
Court in the amount of $24.00 within twenty­eight (28) days of the date of this
Order. Signed by Magistrate Judge Douglas N. Frazier on 1/14/2013. (SLU)
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(Entered: 01/14/2013)
01/14/2013
13 ORDER denying 10 Motion to appoint counsel. Signed by Magistrate Judge
Douglas N. Frazier on 1/14/2013. (SLU) (Entered: 01/14/2013)
01/15/2013
14 ORDER denying 11 Motion construed as a motion for a temporary restraining
order. Signed by Judge John E. Steele on 1/15/2013. (RKR) (Entered: 01/15/2013)
02/01/2013
FEES paid by Ronald C. Hood, Jr (Filing fee $24.00 receipt number FTM003999)
Balance due $0 (SLU) (Entered: 02/01/2013)
02/11/2013
15 ORDER to complete service forms. Plaintiff is directed to return forms within 28
days of the date of this order. Failure to return the completed forms within this time
period will result in dismissal for failure to prosecute, without futher notice. Signed
by Magistrate Judge Douglas N. Frazier on 2/11/2013. (SLU) (Entered:
02/11/2013)
03/04/2013
16 LETTER notice of change of address and LETTER MOTION for miscellaneous
relief, specifically to instruct the DeSoto County Jail to allow possession of legal
documents by Ronald C. Hood, Jr. (Attachments: # 1 Mailing Envelope)(SLU)
(Entered: 03/04/2013)
04/08/2013
17 LETTER/NOTICE of change of address by Ronald C. Hood, Jr (Attachments: # 1
Mailing Envelope)(SLU) (Entered: 04/08/2013)
04/23/2013
18 ORDER directing service by U.S. Marshal. Signed by Magistrate Judge Douglas N.
Frazier on 4/23/2013. (SLU) (Entered: 04/23/2013)
04/24/2013
19 MOTION for default judgment against defendants by Ronald C. Hood, Jr.
(Attachments: # 1 Exhibit, # 2 Mailing Envelope)(SLU) Modified on 5/1/2013 to
edit docket text (SLU). (Entered: 04/24/2013)
04/25/2013
20 REQUEST for waiver of Service sent to David E. Wilkins on 4/25/13 by Ronald C.
Hood, Jr (SLU) (Entered: 04/25/2013)
06/05/2013
21 SUMMONS issued as to David E. Wilkins. (SLU) (Entered: 06/05/2013)
06/20/2013
22 US Marshal 285 form for service upon David E. Wilkins (U.S. Marshal fees
$65.04). RETURN of personal service executed on 6/13/13 by Ronald C. Hood, Jr
as to David E. Wilkins. (SLU) (Entered: 06/20/2013)
06/20/2013
23 ORDER to complete service forms. Plaintiff is directed to return forms within 20
days of the date of this order. Failure to return the completed forms within this time
period will result in dismissal for failure to prosecute. Signed by Magistrate Judge
Douglas N. Frazier on 6/20/2013. (SLU) (Entered: 06/20/2013)
07/03/2013
24 MOTION to Dismiss Plaintiff's Complaint by Daniel Montaldi, David E. Wilkins
and Department of Children and Families. (Manning, Daryl) Modified on 4/1/2014
to add filer and edit docket text (SLU). (Entered: 07/03/2013)
07/11/2013
25 NOTICE of change of address by Ronald C. Hood, Jr (Attachments: # 1 Mailing
Envelope)(SLU) (Entered: 07/11/2013)
07/22/2013
26 NOTICE to plaintiff re 23 Order to complete service forms. This Order serves as
notice that Defendant Department of Children and Families will be dismissed from
this action pursuant to Federal Rule of Civil Procedure 4(m) unless Plaintiff shows
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good cause within TEN (10) DAYS of the date on this Order for his failure to serve
this defendant within 120 days after his complaint was filed. Signed by Magistrate
Judge Douglas N. Frazier on 7/22/2013. (SLU) (Entered: 07/22/2013)
07/22/2013
27 RESPONSE to Motion re 24 MOTION to Dismiss Plaintiff's Complaint filed by
Ronald C. Hood, Jr. (SLU) (Entered: 07/22/2013)
08/07/2013
28 RESPONSE TO ORDER TO SHOW CAUSE re 26 Order filed by Ronald C.
Hood, Jr. (Attachments: # 1 Mailing Envelope)(SLU) (Entered: 08/08/2013)
08/22/2013
29 ORDER Directing Payment be made from David E. Wilkins within fourteen (14)
days from the date on this Order made payable to the U.S. Marshal in the amount of
$65.04, which represents the costs of service upon Defendant, and file a Notice of
Compliance with the Court. Signed by Magistrate Judge Douglas N. Frazier on
8/22/2013. (SLU) Modified on 9/10/2013 to edit docket text (SLU). (Entered:
08/22/2013)
08/22/2013
30 ORDER denying as moot 16 Motion specifically to instruct the DeSoto County Jail
to allow possession of legal documents. Signed by Magistrate Judge Douglas N.
Frazier on 8/22/2013. (SLU) (Entered: 08/22/2013)
08/22/2013
31 ORDER denying 19 Motion for Default Judgment. Signed by Magistrate Judge
Douglas N. Frazier on 8/22/2013. (SLU) (Entered: 08/22/2013)
09/05/2013
32 NOTICE of compliance by David E. Wilkins (Manning, Daryl) (Entered:
09/05/2013)
09/05/2013
Remark: Pursuant to Order 29 Payment of $65.04 for cost of service received, and
forwarded to USM. (SPB) (Entered: 09/06/2013)
02/26/2014
33 OPINION AND ORDER granting in part and denying in part 24 motion to dismiss.
The Complaint is dismissed with prejudice as to DCF, without prejudice as to
Wilkins and Montaldi individually, and denied as to Wilkins and Montaldi in their
official capacity for declaratory and injunctive relief. Signed by Judge John E.
Steele on 2/26/2014. (RKR) (Entered: 02/26/2014)
03/17/2014
34 ORDER TO ANSWER. Signed by Magistrate Judge Douglas N. Frazier on
3/17/2014. (SLU) (Entered: 03/17/2014)
04/01/2014
35 ANSWER and defenses and demand for jury trial re 1 Complaint by David E.
Wilkins and Daniel Montaldi. (Manning, Daryl) Modified on 4/1/2014 to create
docket entry relationship, edit filers and edit docket text (SLU). (Entered:
04/01/2014)
04/02/2014
36 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by
5/30/2014, Dispositive motions due by 6/28/2014. Signed by Magistrate Judge
Douglas N. Frazier on 4/2/2014. (Attachments: # 1 Letter to Counsel with AO85
Form, # 2 AO85A Form)(SLU) (Entered: 04/02/2014)
04/04/2014
37 MOTION to Take Deposition of Plaintiff by Daniel Montaldi, David E. Wilkins.
(Manning, Daryl) Motions referred to Magistrate Judge Douglas N. Frazier.
(Entered: 04/04/2014)
04/04/2014
38 ORDER granting 37 Motion to Take Deposition from Ronald C. Hood, Jr.. Signed
by Magistrate Judge Douglas N. Frazier on 4/4/2014. (SLU) (Entered: 04/04/2014)
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05/02/2014
Mail returned as Undeliverable (EOS ­ 8/21/13 ­ envelope states @ FCCC) re: 36
Case management and scheduling order. Mail was not resent to Ronald C. Hood,
Jr.. (SLU) Modified on 5/2/2014 (SLU). (Entered: 05/02/2014)
05/20/2014
39 MOTION to Appoint Counsel by Ronald C. Hood, Jr. (Attachments: # 1 Mailing
Envelope)(SLU) Motions referred to Magistrate Judge Douglas N. Frazier.
(Entered: 05/20/2014)
05/20/2014
40 MOTION to Take Deposition from Daniel Montaldi and David E. Wilkins by
Ronald C. Hood, Jr. (Attachments: # 1 Mailing Envelope)(SLU) Motions referred
to Magistrate Judge Douglas N. Frazier. (Entered: 05/20/2014)
05/21/2014
41 ORDER denying 39 Motion to appoint counsel ; granting 40 Motion to Take
Deposition from Defendants Wilkins and Montaldi. Finally, Plaintiff has not
updated his address with this Court. As a one­time courtesy to Plaintiff, the Clerk
of Court is directed to send this Order to the return address listed on the instant
motions. However, Plaintiff was advised on November 29, 2012 that he has a
responsibility to update his address with the Court (Doc. 4). Within TEN (10)
DAYS from the date on this Order, Plaintiff shall show cause for his failure to
comply with this Court's order that he maintain a current address with the Court.
Failure to do so may result in the dismissal of this action without further notice.
Signed by Magistrate Judge Douglas N. Frazier on 5/21/2014. (SLU) (Entered:
05/21/2014)
05/22/2014
42 NOTICE by Daniel Montaldi, David E. Wilkins of Taking Deposition of Plaintiff
(Manning, Daryl) (Entered: 05/22/2014)
06/02/2014
43 NOTICE of change of address by Ronald C. Hood, Jr (Attachments: # 1 Mailing
Envelope)(SLU) (Entered: 06/02/2014)
06/02/2014
44 RESPONSE TO ORDER TO SHOW CAUSE (styled as a Motion to Show Cause)
re 41 Order filed by Ronald C. Hood, Jr. (Attachments: # 1 Mailing Envelope)
(SLU) (Entered: 06/02/2014)
06/02/2014
45 MOTION for Discovery by Ronald C. Hood, Jr. (Attachments: # 1 Mailing
Envelope)(SLU) Motions referred to Magistrate Judge Douglas N. Frazier.
(Entered: 06/02/2014)
06/04/2014
Mail returned as Undeliverable re: 41 Order on motion to appoint counsel Order on
Motion to Take Deposition. Mail resent to Ronald C. Hood, Jr.. (SLU) (Entered:
06/04/2014)
06/09/2014
46 OBJECTION re 45 MOTION for Discovery as being an untimely request for
production, incorrectly labeled a Motion for Discovery served after the Court's
discovery deadline of May 30, 2014. (Manning, Daryl) (Entered: 06/09/2014)
06/10/2014
47 ORDER denying 45 motion for discovery. Signed by Magistrate Judge Douglas N.
Frazier on 6/10/2014. (SLU) (Entered: 06/10/2014)
06/27/2014
48 MOTION for summary judgment by Daniel Montaldi, David E. Wilkins.
(Attachments: # 1 Exhibit A, # 2 Exhibit B)(Manning, Daryl) (Entered:
06/27/2014)
06/30/2014
49 ORDER that Plaintiff shall have THIRTY­FIVE (35) DAYS from the date on this
Order to file an opposition to the motion to dismiss. Thereafter, the motion will be
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taken under advisement by the Court and an order entered thereon without further
notice. Signed by Magistrate Judge Douglas N. Frazier on 6/30/2014. (SPB)
(Entered: 06/30/2014)
08/11/2014
50 RESPONSE in Opposition re 48 MOTION for summary judgment filed by Ronald
C. Hood, Jr. (Attachments: # 1 Mailing Envelope)(SLU) (Entered: 08/11/2014)
02/13/2015
51 LETTER NOTICE of inquiry by Ronald C. Hood, Jr. (Attachments: # 1 Mailing
Envelope)(drn) (Entered: 02/13/2015)
02/18/2015
52 OPINION AND ORDER granting in part and denying in part 48 Motion for
summary judgment. The motion is denied on plaintiff's claim for declaratory and
injunctive relief, and granted as to all other claims. Plaintiff shall file a pretrial
narrative statement within 30 days, defendants shall thereafter have 14 days to file
their pretrial narrative statement. Signed by Judge John E. Steele on 2/18/2015.
(RKR) (Entered: 02/18/2015)
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