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- flsd;;2:17-cv-14017_de123 RegisterActionDate "2018-12-18" @default.
- flsd;;2:17-cv-14017_de123 RegisterActionDescriptionText "PAPERLESS ORDER denying 114 Motion to Stay. The defendants seek a stay pending the outcome of a class action the is currently pending in the Hoffer v. Jones, Case no. 4:17-CV-214-MS/CAS (N.D. Fla.) (Hoffer). In Hoffer a class of inmates sought injunctive relief form the Florida Department of Corrections in the form of treatment for Hepatits C virus (HCV). There was no claim for damages in that suit. The plaintiffs have been granted a preliminary injunction that required the department to begin providing treatment. The defendants contend that the plaintiff is a member of the class in Hoffer and therefore has obtained relief and that the ultimate outcome in Hoffer will impact the amount of damages that might be awarded in this case. A portion of the plaintiffs request for relief in this case is for injunctive relief. However, he also sought compensatory and punitive damages. The issue of damages is not moot as a result of Hoffer.A district court has broad discretion to stay proceedings as an incident to its power to control its own docket. Clinton v. Jones, 520 U.S. 681, 706 (2007). Here the issuance of a stay is not warranted. While the grant of the preliminary injunction in Hoffer has provided the plaintiff a part of the relief requested, the issue of damages and the liability of the named defendants is separate from the issues in Hoffer. In Hoffer the plaintiffs sought relief against the Department of Corrections, here the plaintiff is seeking compensatory and punitive damages against Corizon Health Care, Inc., the sheriff and health care professionals based on the lack of treatment while confined at the St. Lucie County Jail. Since the issues presented in the instant case have not been rendered moot by the issuance of the preliminary injunction in Hoffer, the motion for stay is denied. Signed by Magistrate Judge Patrick A. White on 12/18/2018. (jbr) (Entered: 12/18/2018)" @default.
- flsd;;2:17-cv-14017_de123 AdministrativeID "122" @default.
- flsd;;2:17-cv-14017_de123 hasJudgeReference SJ003686 @default.
- flsd;;2:17-cv-14017_de123 hasReferenceToOtherEntry flsd;;2:17-cv-14017_de114 @default.