Case: Disability Rights Florida v. Jacobs

6:18-cv-01863 | U.S. District Court for the Middle District of Florida

Filed Date: Nov. 1, 2018

Closed Date: Nov. 18, 2019

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Case Summary

This is a case about a Protection and Advocacy (P&A) agency’s monitoring access authority. On November 1, 2018, Disability Rights Florida, Inc. (DR Florida), Florida’s P&A, filed this lawsuit in the U.S. District Court for the Middle District of Florida, Orlando Division. DR Florida filed this lawsuit against the Administrator for Lakeside Behavioral Healthcare (Lakeside), in his official capacity, and Aspire Health Partners, Inc. (Aspire) under the Protection and Advocacy for Individuals with Mental Illness (PAIMI Act). Represented by itself, DR Florida sought declaratory and injunctive relief, as well as attorney’s fees, that required Lakeside and Aspire to allow DR Florida access to Lakeside for monitoring in accordance with the PAIMI Act. Judge Daniel C. Irick presided over this matter.

DR Florida commenced this action because Lakeside refused to allow them access to their facility for monitoring. To gain access, DR Florida also filed a motion for a preliminary injunction on November 1, 2018. Aspire filed a motion for summary judgment claiming DR Florida had no monitoring authority because Florida’s governor had not extended the Executive Order which named DR Florida as the state’s P&A after 2010. The court denied Aspire’s motion, reasoning that a P&A can only lose its authority for good cause following a specific procedure. Thus, after the first grant of authority through Executive Order, DR Florida was indefinitely Florida’s P&A. On August 27, 2019, the court also granted DR Florida’s Motion for Preliminary Injunction requiring Lakeside to allow DR Florida access to the facility for monitoring under the PAIMI Act. Lakeside and Aspire complied with this injunction, and the lawsuit was voluntarily dismissed on November 18, 2019. 476 F.Supp.3d 1238.

This case is now closed.

Summary Authors

NDRN (12/15/2023)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/14867339/parties/disability-rights-florida-inc-v-jacobs/

Judge(s)

Berger, Wendy Williams (Florida)

Attorney for Plaintiff

Filaroski, Curtis C. (Florida)

Sleasman, Peter Prescott (Florida)

Attorney for Defendant

Cammack, Krista Nicole (Florida)

D'Lugo, Michael (Florida)

Judge(s)

Berger, Wendy Williams (Florida)

Attorney for Plaintiff

Filaroski, Curtis C. (Florida)

Sleasman, Peter Prescott (Florida)

Attorney for Defendant

Cammack, Krista Nicole (Florida)

D'Lugo, Michael (Florida)

Attorney Contact Information via CourtListener

Documents in the Clearinghouse

Documents in this case

1 6:18-cv-01863	Complaint for Declaratory and Injunctive Relief Preliminary Statement	Nov. 1, 2018	Nov. 1, 2018 Complaint
2 6:18-cv-01863	Plaintiffs Motion for Preliminary Injuction	Nov. 1, 2018	Nov. 1, 2018 Pleading / Motion / Brief
27 6:18-cv-01863	Plaintiffs Motion for Summary judgment	Aug. 2, 2019	Aug. 2, 2019 Pleading / Motion / Brief
32 6:18-cv-01863	Order on motion to dismiss	Aug. 27, 2019	Aug. 27, 2019 Order/Opinion 476 F.Supp.3d 1238
33 6:18-cv-01863	Order on Motion for Preliminary Injunction	Aug. 27, 2019	Aug. 27, 2019 Order/Opinion 473 F.Supp.3d 1335
35 6:18-cv-01863	Joint Motion for Voluntary Dismissal and Adoption of Settlement Agreement	Nov. 15, 2019	Nov. 15, 2019 Pleading / Motion / Brief
36 6:18-cv-01863	Order	Nov. 18, 2019	Nov. 18, 2019 Order/Opinion 2019 WL 13280380

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Docket

See docket on RECAP: https://www.courtlistener.com/docket/14867339/disability-rights-florida-inc-v-jacobs/

Last updated April 18, 2026, 4:52 a.m.

ECF Number	Date	Description	Link
1	Nov. 1, 2018	COMPLAINT for Declaratory and Injunctive Relief against Aspire Health Partners, Inc., and Richard Jacobs; Filing fee $400, receipt number ORL078143 filed by Disability Rights Florida, Inc. (Attachments: # 1 Civil Cover Sheet)(JET) (Entered: 11/01/2018) 1 Civil Cover Sheet View on RECAP	Clearinghouse
2	Nov. 1, 2018	MOTION for preliminary injunction by Disability Rights Florida, Inc. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9: Proposed Order)(JET) (Entered: 11/01/2018) 1 Exhibit 1 View on PACER 2 Exhibit 2 View on PACER 3 Exhibit 3 View on PACER 4 Exhibit 4 View on PACER 5 Exhibit 5 View on PACER 6 Exhibit 6 View on PACER 7 Exhibit 7 View on PACER 8 Exhibit 8 View on PACER 9 Exhibit 9: Proposed Order View on PACER	Clearinghouse
3	Nov. 1, 2018	PROPOSED summons to be issued by Disability Rights Florida, Inc.. (Filaroski, Curtis) (Entered: 11/01/2018)	RECAP
4	Nov. 2, 2018	SUMMONS issued as to Aspire Health Partners, Inc., Richard Jacobs. (JET) (Entered: 11/02/2018)	RECAP
5	Nov. 2, 2018	RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 11/16/2018. Signed by D. Darley/Deputy Clerk on 11/2/2018. (DJD) ctp (Entered: 11/02/2018)	RECAP
6	Nov. 2, 2018	INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 11/16/2018. Signed by Judge Carlos E. Mendoza on 11/2/2018. (DJD) ctp (Entered: 11/02/2018)	RECAP
7	Nov. 7, 2018	Certificate of Interested Persons and CORPORATE Disclosure Statement re 6 Interested Persons Order by Disability Rights Florida, Inc. (Filaroski, Curtis) Modified on 11/8/2018 (JET). (Entered: 11/07/2018)	RECAP
8	Nov. 7, 2018	NOTICE of pendency of related cases re 5 Related case order and track 2 notice per Local Rule 1.04(d) by Disability Rights Florida, Inc.. Related case(s): No (Filaroski, Curtis) (Entered: 11/07/2018)	RECAP
9	Nov. 7, 2018	NOTICE of Service to Defendant re 5 Related case order and track 2 notice by Disability Rights Florida, Inc. (Filaroski, Curtis) Modified on 11/8/2018 (JET). (Entered: 11/07/2018)	RECAP
10	Nov. 8, 2018	RETURN of service executed on 11/5/18 by Disability Rights Florida, Inc., as to Aspire Health Partners, Inc., by service on Office Manager. (Filaroski, Curtis) Modified on 11/9/2018 (JET). (Entered: 11/08/2018)	RECAP
11	Nov. 13, 2018	RETURN of service executed on 11/8/18 by Disability Rights Florida, Inc., as to Richard Jacobs. (Filaroski, Curtis) Modified on 11/14/2018 (JET). (Entered: 11/13/2018)	RECAP
12	Nov. 26, 2018	MOTION to Dismiss Complaint for Declaratory and Injunctive Relief by All Defendants. (Attachments: # 1 Exhibit 1)(D'Lugo, Michael) (Entered: 11/26/2018)	RECAP
13	Nov. 26, 2018	NOTICE of pendency of related cases re 5 Related case order and track 2 notice per Local Rule 1.04(d) by Aspire Health Partners, Inc., Richard Jacobs. Related case(s): no (D'Lugo, Michael) (Entered: 11/26/2018)	RECAP
14	Nov. 26, 2018	CERTIFICATE of interested persons and corporate disclosure statement re 6 Interested persons order by Aspire Health Partners, Inc., Richard Jacobs. (D'Lugo, Michael) (Entered: 11/26/2018)	RECAP
15	Nov. 26, 2018	RESPONSE in Opposition re 2 MOTION for preliminary injunction filed by Aspire Health Partners, Inc., Richard Jacobs. (Attachments: # 1 Exhibit 1)(D'Lugo, Michael) (Entered: 11/26/2018)	RECAP
16	Dec. 10, 2018	RESPONSE in Opposition re 12 MOTION to Dismiss Complaint for Declaratory and Injunctive Relief filed by Disability Rights Florida, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit)(Filaroski, Curtis) (Entered: 12/10/2018) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER	RECAP
17	Dec. 10, 2018	MOTION for leave to file a Reply to 15 Response to 2 Motion for Preliminary Injunction by Disability Rights Florida, Inc. (Filaroski, Curtis) Modified on 12/11/2018 (JET). (Entered: 12/10/2018)	RECAP
18	Dec. 20, 2018	CASE MANAGEMENT REPORT. (Filaroski, Curtis) (Entered: 12/20/2018)	RECAP
19	Dec. 20, 2018	MOTION to supplement 2 Motion for Preliminary Injunction with Supplemental Affidavit and Attached Document by Disability Rights Florida, Inc. (Attachments: # 1 Exhibit 1)(Filaroski, Curtis) Modified on 12/21/2018 (JET). (Entered: 12/20/2018)	RECAP
20	Dec. 21, 2018	RESPONSE in Opposition re 17 MOTION for leave to file a Reply to 15 Response to 2 Motion for Preliminary Injunction filed by Aspire Health Partners, Inc., Richard Jacobs. (D'Lugo, Michael) (Entered: 12/21/2018)	RECAP
21	Jan. 16, 2019	CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/18/2019, Joinder of Parties due by 2/18/2019, Discovery due by 7/1/2019, Dispositive motions due by 8/2/2019, Pretrial statement due by 12/13/2019, All other motions due by 10/31/2019, Plaintiff disclosure of expert report due by 5/15/2019, Defendant disclosure of expert report due by 6/14/2019, Trial Status Conference set for 12/19/2019 at 10:00 AM in Orlando Courtroom 5 B before Judge Carlos E. Mendoza, Bench Trial set for the trial term commencing 1/6/2020 in Orlando Courtroom 5 B before Judge Carlos E. Mendoza. Conduct mediation hearing by 7/1/2019. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 1/16/2019. (DJD) (Entered: 01/16/2019)	RECAP
22	Jan. 16, 2019	CASE REFERRED to Mediation; Jay Fraxedas appointed as Mediator. (JET) (Entered: 01/17/2019)	RECAP
23	Jan. 22, 2019	NOTICE of Appearance by Krista Nicole Cammack on behalf of Aspire Health Partners, Inc., Richard Jacobs (Cammack, Krista) (Entered: 01/22/2019)	RECAP
24	April 3, 2019	ENDORSED ORDER granting 17 Motion for Leave to File a Reply and 19 Motion to Supplement. To the extent that the arguments relating to the Motion to Dismiss are applicable to the Motion for Preliminary injunction, the Court will consider them. Further, Plaintiff's supplemental filing (Doc. 19-1) is accepted as properly filed. Signed by Judge Carlos E. Mendoza on 4/3/2019. (KMS) (Entered: 04/03/2019)	RECAP
	April 3, 2019	Order on motion to supplement
	April 3, 2019	Order on Motion for Leave to File
25	June 3, 2019	Joint MOTION for miscellaneous relief, specifically to Dispense with Mediation by Aspire Health Partners, Inc., Richard Jacobs, Disability Rights Florida, Inc. (D'Lugo, Michael) Modified on 6/4/2019 (DMA). (Entered: 06/03/2019)	RECAP
26	June 7, 2019	ENDORSED ORDER granting 25 Joint Motion to Dispense with Mediation. The parties are not required to mediate at this time. Signed by Judge Carlos E. Mendoza on 6/7/2019. (KMS) (Entered: 06/07/2019)	RECAP
	June 7, 2019	Order on Motion for Miscellaneous Relief
27	Aug. 2, 2019	MOTION for summary judgment by Disability Rights Florida, Inc.. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit)(Filaroski, Curtis) (Entered: 08/02/2019) 1 Exhibit View on PACER 2 Exhibit View on PACER 3 Exhibit View on PACER 4 Exhibit View on PACER 5 Exhibit View on PACER 6 Exhibit View on PACER 7 Exhibit View on PACER 8 Exhibit View on PACER	Clearinghouse
28	Aug. 2, 2019	MOTION for summary judgment by Aspire Health Partners, Inc., Richard Jacobs. (Attachments: # 1 Exhibit Executive Order Number 08-240)(D'Lugo, Michael) (Entered: 08/02/2019) 1 Exhibit Executive Order Number 08-240 View on PACER	RECAP
29	Aug. 6, 2019	Case Reassigned to Judge Wendy W. Berger. New case number: 6:18-cv-1863-Orl-78DCI. Judge Carlos E. Mendoza no longer assigned to the case. (MAA) (Entered: 08/06/2019)	RECAP
	Aug. 6, 2019	Case Assigned/Reassigned
30	Aug. 16, 2019	RESPONSE in Opposition re 28 MOTION for summary judgment filed by Disability Rights Florida, Inc.. (Filaroski, Curtis) (Entered: 08/16/2019)	RECAP
31	Aug. 16, 2019	RESPONSE in Opposition re 27 MOTION for summary judgment filed by Aspire Health Partners, Inc., Richard Jacobs. (D'Lugo, Michael) (Entered: 08/16/2019)	RECAP
32	Aug. 27, 2019	ORDER denying 12 motion to dismiss. Signed by Judge Wendy W. Berger on 8/27/2019. (RMF) (Entered: 08/27/2019)	Clearinghouse
33	Aug. 27, 2019	ORDER granting 2 Plaintiff's Motion for Preliminary Injunction. Richard Jacobs, Aspire Health Partners, Inc., and their agents are preliminary enjoined from denying Disability Rights Florida, Inc. and its agents access to Lakeside Behavioral Healthcare and its residents, as set forth under the Protection and Advocacy for Mentally Ill Individuals Act of 1986 and its implementing regulations. This preliminary injunction is not conditioned on the posting of any bond or security by Disability Rights Florida, Inc. Signed by Judge Wendy W. Berger on 8/27/2019. (RMF) (Entered: 08/27/2019)	Clearinghouse
34	Sept. 12, 2019	NOTICE OF RESCHEDULING HEARING: The Trial Status Conference hearing previously scheduled for 12/19/2019 is rescheduled. New scheduling date and time: Trial Status Conference set for 12/17/2019 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger, Bench Trial set for trial term which commences on 1/6/2020 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. (RMF)(Copies mailed). (Entered: 09/12/2019)	RECAP
	Sept. 12, 2019	Notice of rescheduling hearing
35	Nov. 15, 2019	Joint MOTION for Voluntary Dismissal and Adoption of Settlement Agreement filed by Disability Rights Florida, Inc. (Filaroski, Curtis) Modified on 11/18/2019 (MEJ). (Entered: 11/15/2019)	Clearinghouse
36	Nov. 18, 2019	ORDER granting 35 Joint Motion for Voluntary Dismissal and Adoption of Settlement Agreement. This case is DISMISSED with prejudice. The Clerk is directed to terminate all pending motions and to close this case. Signed by Judge Wendy W. Berger on 11/18/2019. (RMF)(Copies mailed). (Entered: 11/18/2019)	RECAP

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Case Details

State / Territory:

Florida

Case Type(s):

Disability Rights

Key Dates

Filing Date: Nov. 1, 2018

Closing Date: Nov. 18, 2019

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Disability Rights Florida, Inc. (DR Florida), Florida’s Protection & Advocacy system

Plaintiff Type(s):

Non-profit NON-religious organization

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

Non-profit or advocacy

Lakeside Behavioral Healthcare

Case Details

Causes of Action:

Protection and Advocacy for Individuals with Mental Illness (PAIMI) Act, 42 U.S.C. § 10801

Other Dockets:

Middle District of Florida 6:18-cv-01863

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing

Recommended Citation

Case Summary of Disability Rights Florida v. Jacobs, Civil Rights Litig. Clearinghouse, http://www.dev.clearinghouse.net/case/18345/ (last updated 12/15/2023).