Bradley et al v. Bowman et al
| Dennis Bradley, Linda Bradley, James Cook, Betty Cook, Stephen Grone, Trinka Grone, Greg Shewring, Cindy Blackshear, Milton Burke, Mary Dewar, Victor Dzitko, Barbara Puchase-Dzitko, Marshall Galloway, Ora Lee Galloway, Linda Galloway, Carlton Glenn, Jeanne Glenn, Eugene Harris, Marie Harris, Richard Kemp, Jacqueline Kemp, John Lane, Norma Lane, Corinne Migdal, Richard Niehaus, Shirley Niehaus, Sharon Bird Rauvala, James Smith, Lilian Tetreault, Richard Wuolukka and Sheila Young |
| John Bowman, Dora Cline, Robert Cohen, Jack Latvala, Ken Shouse and Kyle Shinbaum |
| Steven G. Koeppel |
| 2:2007cv00465 |
| July 24, 2007 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Lee |
| D Frazier |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 7, 2010. A more recent docket listing may be available from PACER.
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| Filing 175 AMENDED TRIAL CALENDAR for trial term February 14, 2011 through March 18, 2011 Jury Trial set for trial term commencing on 2/14/2011 at 09:00 AM in Jacksonville Courtrooom 13A before Judge Paul A. Magnuson Signed by Judge Paul A. Magnuson on 12/7/2010. (TL) (Edited text, modified on 12/8/2010) (TL). |
Filing 174
ORDER of USCA that the parties' joint motion to dismiss appeal and cross-appeal with prejudice is denied as moot with respect to appeal number 10-10980, which was clerically dismissed on 04/20/10, for want of prosecution, and granted with resped to appeal number 10-10981 as to #166 Notice of cross appeal filed by Kyle Shinbaum, Robert Cohen, John Bowman, Dora Cline, Jack Latvala, Ken Shouse. EOD: 05/19/2010; USCA number: 10-10980F and 10-10981F. (kma)
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| Filing 173 NOTICE by John Bowman, Dora Cline, Robert Cohen, Jack Latvala, Kyle Shinbaum, Ken Shouse re #170 Order on motion for taxation of costsOrder on report and recommendations Satisfaction of Judgment (Kratochvil, William) |
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Filing 172
ORDER denying as moot #169 Motion to compel Signed by Magistrate Judge Gustave J. DiBianco on 4/29/2010. (RMT)
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Filing 171
ORDER of USCA (certified copy)DISMISSING for want of prosecution as to #164 Notice of appeal filed by Cindy Blackshear. EOD: 04/20/10; USCA number: 10-10980-F. (slp)
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Filing 170
ORDER granting #162 Motion for taxation of costs. Defendants are entitled to their costs in the amount of $ $9,142.56 ; adopting #167 Report and Recommendations. Signed by Judge Paul A. Magnuson on 4/12/2010. (RMT)
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| Filing 169 MOTION to compel Plaintiffs/Appellants to Order Transcript by John Bowman, Dora Cline, Robert Cohen, Jack Latvala, Kyle Shinbaum, Ken Shouse. (Kratochvil, William) Motions referred to Magistrate Judge Douglas N. Frazier. |
| Filing 168 TRANSCRIPT information form filed by John Bowman, Dora Cline, Robert Cohen, Jack Latvala, Kyle Shinbaum, Ken Shouse re #166 Notice of cross appeal. USCA number: 10-10981-F. (Kratochvil, William) |
| Filing 167 REPORT AND RECOMMENDATION re #162 MOTION for taxation of costs and Memorandum of Law in Support filed by Kyle Shinbaum, Robert Cohen, John Bowman, Dora Cline, Jack Latvala, Ken Shouse. Signed by Magistrate Judge David M. Cohen on 3/11/2010. (RMT) |
| USCA appeal fees received $ 455 receipt number F013496 re #166 Notice of cross appeal (kma) |
| TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #164 Notice of appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (kma) |
| TRANSMITTAL of initial appeal package to USCA consisting of certified copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #166 Notice of cross appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (kma) |
| Filing 166 NOTICE of cross appeal by John Bowman, Dora Cline, Robert Cohen, Jack Latvala, Kyle Shinbaum, Ken Shouse. Filing fee $ 455. (Kratochvil, William) |
| Filing 165 DUPLICATE NOTICE OF APPEAL as to #164 Notice of appeal received with U.S.Mail submission of appellate fees. Filing fee $ 455, receipt number F013444. (RMT) |
| Filing 164 NOTICE OF APPEAL as to #160 Order on motion to dismissOrder on motion for summary judgmentOrder on motion to strike by Cindy Blackshear. (Filing fee not paid) (Perry, Daniel) |
| Filing 163 OBJECTION re #162 MOTION for taxation of costs and Memorandum of Law in Support on behalf of all plaintiffs by Cindy Blackshear. (Perry, Daniel) |
| Filing 162 MOTION for taxation of costs and Memorandum of Law in Support by John Bowman, Dora Cline, Robert Cohen, Jack Latvala, Kyle Shinbaum, Ken Shouse. (Attachments: #1 Exhibit A)(Kratochvil, William) |
| Filing 161 JUDGMENT (Signed by Deputy Clerk). (drn) |
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Filing 160
ORDER denying #82 Motion to dismiss; granting #102 Motion for summary judgment and this matter is DISMISSED with prejudice; denying as moot #118 Motion to strike ; denying as moot #119 Motion to strike. The Clerk shall enter judgment accordingly, terminate all remaining deadlines as moot, and close the file. Signed by Judge Paul A. Magnuson on 1/12/2010. (LAF)
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| Filing 159 Minute Entry. Proceedings held before Judge Paul A. Magnuson: Motion Hearing held on 1/11/2010 re #102 MOTION for summary judgment and Memorandum of Law In Support filed by Kyle Shinbaum, Ken Shouse. Court takes this matter under advisement. Court Reporter: R. Joy Stancel (BJH) |
| Filing 158 REGARDING the Motion for Clarification, Judge Magnuson will go forward with the motion hearing that is scheduled on January 11, 2010 @ 1:30 pm. The case will remain on the April 2010 trial calendar to be tried as assigned at that time. (LAF) |
| Filing 157 MOTION for clarification by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 156 TRIAL CALENDAR for February trial term Jury Trial set for 2/16/2009 at 09:00 AM in Ft. Myers Courtroom 6 B before Judge Paul A. Magnuson. Signed by Judge Paul A. Magnuson on 12/3/2009. (kma) |
| Filing 155 TRIAL CALENDAR for trial term February Jury Trial set for 2/16/2010 at 09:00 AM in Ft. Myers Courtroom 6 B before Judge Paul A. Magnuson. Signed by Judge Paul A. Magnuson on 10/29/09. (kma) |
| Filing 154 NOTICE of Hearing on remaining dispositive motions pending in this matter set for 1/11/2010 at 01:30 PM in Ft. Myers Courtroom 6 B before Judge Paul A. Magnuson. (kma) |
| Filing 153 NOTICE by Ken Shouse, Kyle Shinbaum to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Amended Complaint (Kratochvil, William) |
| Filing 152 NOTICE by Ken Shouse, Kyle Shinbaum to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Amended Complaint (Kratochvil, William) |
| Filing 151 SUPPLEMENT to Notice of Reliance on Evidence by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 150 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition of John Lane (Attachments: #1 Redacted Deposition of John Lane)(Kratochvil, William) |
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Filing 149
THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 3/15/2010 at 09:00 AM in Ft. Myers Courtroom 6 B before Judge Unassigned Judge, Jury Trial set for trial term 4/5/2010 at 09:00 AM in Ft. Myers Courtroom 6 B before Judge Unassigned Judge. See Order for all deadlines. Signed by Magistrate Judge Douglas N. Frazier on 9/1/2009. (BJH)
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| Filing 148 NOTICE by Ken Shouse, Kyle Shinbaum of Cancellation of Mediation (Kratochvil, William) |
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Filing 147
ENDORSED ORDER granting #145 Unopposed Motion to Amend the Third Amended Case Mangement and Scheduling Order and to Continue Mediation Pending Ruling by the Court Upon the Motion to Dismiss. The Clerk is directed to enter an amended Case Management and Scheduling Order using the dates supplied by the parties in the Motion. Signed by Magistrate Judge Douglas N. Frazier on 8/24/2009. (brh)
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| Filing 146 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition of Milton Burke (Attachments: #1 Deposition Transcript of Milton Burke)(Kratochvil, William) |
| Filing 145 Unopposed MOTION to modify Amend Third Amended Case Management Order and to Continue Mediation Pending Ruling by Court by all plaintiffs. (Perry, Daniel) |
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Filing 144
ENDORSED ORDER withdrawing #142 Motion to Allow Telephonic Appearance; and granting #143 Motion to Withdraw Motion to Allow Telephonic Appearance. Signed by Magistrate Judge Douglas N. Frazier on 8/12/2009. (brh)
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| Filing 143 MOTION to withdraw Motion to Telephonic Appearance by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 142 MOTION to Appear Telephonically at the Mediation on September 10, 2009 on behalf of State of Florida (Risk Mgmt.) by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) Motions referred to Magistrate Judge Douglas N. Frazier. |
| Filing 141 NOTICE of mediation to be held on September 10, 2009 at 1:00 p.m. before Steven G. Koeppel. (Kratochvil, William) |
| Filing 140 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition of Richard Wuolukka (Attachments: #1 Deposition Transcript of Richard Wuolukka)(Kratochvil, William) |
| Filing 139 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Redacted Deposition and Redacted Exhibits of Paul Galloway (Attachments: #1 Redacted Depo and Redacted Exhibits of Paul Galloway)(Kratochvil, William) |
| Filing 138 SUPPLEMENT to Notice of Reliance on Evidence on behalf of Jeanne Glenn by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 137 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition of Jeanne Glenn (Attachments: #1 Deposition of Jeanne Glenn)(Kratochvil, William) |
| Filing 136 SUPPLEMENT to Notice of Reliance on Evidence on behalf of Sharon Rauvala by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 135 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Redacted Deposition and Redacted Exhibits of Sharon Rauvala (Attachments: #1 Redacted Deposition and Redacted Exhibits of Sharon Rauvala)(Kratochvil, William) |
| Filing 134 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Redacted Deposition and Redacted Exhibits of Linda Bradley (Attachments: #1 Redacted Depo and Exhibits of Linda Bradley)(Kratochvil, William) |
| Filing 133 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Redacted Deposition and Redacted Exhibits of Stephen Grone (Attachments: #1 Redacted Deposition and Redacted Exhibits of Stephen Grone)(Kratochvil, William) |
| Filing 132 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Redacted Deposition and Redacted Exhibits of Mary Dewar (Attachments: #1 Redacted Deposition and Exhibits of Mary Dewar)(Kratochvil, William) |
| Filing 131 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Redacted Deposition and Redacted Exhibits of Linda Lou Galloway (Attachments: #1 Redacted Deposition and Exhibits of Linda Galloway)(Kratochvil, William) |
| Filing 130 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Redacted Deposition and Redacted Exhibits of Shelia Young (Attachments: #1 Redacted Deposition and Exhibits of Shelia Young)(Kratochvil, William) |
| Filing 129 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Redacted Deposition and Redacted Exhibits of Cindy Blackshear (Attachments: #1 Redacted Deposition and Redacted Exhibits of Cindy Blackshear)(Kratochvil, William) |
| Filing 128 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Redacted Deposition and Redacted Exhibits of Betty Cook (Attachments: #1 Redacted Deposition and Exhibits of Betty Cook)(Kratochvil, William) |
| Filing 127 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Redacted Deposition and Redacted Exhibits of Corinne Migdal (Attachments: #1 Redacted Deposition and Exhibits of Corinne Migdal)(Kratochvil, William) |
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Filing 126
ORDER granting #125 Amended Motion to Redact Personal Data and Motion for Clarification. The Clerk is directed to strike the following depositions and exhibits and remove them from the record: 1) Document 95, Deposition of Paul Galloway; 2) Document 96, Deposition of Betty Cook; 3) Document 97, Deposition of Richard Wuolukka; 4) Document 98, Deposition of Stephen Grone; 5) Document 101, Deposition of Corinne Migdal; 6) Document 100, Deposition of Mary Dewar; 7) Document 109, Deposition of Linda Galloway; 8) Document 110, Deposition of Cindy Blackshear; 9) Document 111, Deposition of Shelia Young; and 10) Document 116, Deposition of Linda Bradley. Within 11 days, the Defendants Ken Shouse and Kyle Shinbaum shall file the depositions of the above individuals and redacted exhibits which redact the personal information in the exhibits. Signed by Magistrate Judge Douglas N. Frazier on 7/20/2009. (brh)
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| Filing 125 MOTION to amend/correct Motion to Redact Personal Data and Motion for Clarification by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
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Filing 124
ORDER denying #123 Motion to Redact Personal Data. See Order for details. Signed by Magistrate Judge Douglas N. Frazier on 7/10/2009. (brh)
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| Filing 123 MOTION to amend/correct Redaction of Personal Data by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
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Filing 122
ENDORSED ORDER: Upon due consideration of the Notice of Voluntary Dismissal (Dkt. 121), it is ordered and adjudged that the action of Plaintiffs Eugene and Marie Harris against all defendants is hereby dismissed without prejudice. Signed by Judge Richard A. Lazzara for Unassigned Judge on 7/8/2009. (CCB)
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| Filing 121 NOTICE of Voluntary Dismissal without prejudice of Eugene Harris and Marie Harris - ONLY by Cindy Blackshear (Perry, Daniel) |
| Filing 120 RESPONSE in opposition re #118 MOTION to strike #115 Response in opposition to motion for Summary Judgment and Incorporated Memorandum of Law, #119 MOTION to strike "Exhibit A" to Plaintiffs' Response to Defendants' Motion for Summary Judgment and Incorporated Memorandum of Law on behalf of all Plaintiffs filed by Cindy Blackshear. (Attachments: #1 Exhibit A - Law Review Re: Civil-law Notary, #2 Exhibit B - Law Review Civil-law Notary)(Perry, Daniel) |
| Filing 119 MOTION to strike "Exhibit A" to Plaintiffs' Response to Defendants' Motion for Summary Judgment and Incorporated Memorandum of Law by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 118 MOTION to strike #115 Response in opposition to motion for Summary Judgment and Incorporated Memorandum of Law by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 117 SUPPLEMENTAL NOTICE by Ken Shouse, Kyle Shinbaum of Reliance on Evidence (Plaintiff Linda Bradley) (Kratochvil, William) Modified on 6/30/2009 to edit docket text (SLU). |
| Filing 116 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition (Attachments: # 1 Deposition Transcript of Linda Bradley)(Kratochvil, William) Modified on 7/20/2009. PLEADING STRICKEN PER ORDER #126 (drn). |
| Filing 115 RESPONSE in opposition re #102 MOTION for summary judgment and Memorandum of Law In Support on Behalf of All Plaintiffs filed by Cindy Blackshear. (Attachments: #1 Affidavit of Daniel Perry in Opposition to Defendant's Motion for Summary Judgment)(Perry, Daniel) |
| Filing 114 NOTICE by Ken Shouse, Kyle Shinbaum of Reliance on Evidence (Cindy Blackshear) (Kratochvil, William) |
| Filing 113 NOTICE by Ken Shouse, Kyle Shinbaum of Reliance on Evidence (Linda Lou Galloway) (Kratochvil, William) |
| Filing 112 SUPPLEMENT to Notice of Reliance on Evidence by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 111 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition of Shelia Young (Attachments: # 1 Deposition Transcript of Shelia Young)(Kratochvil, William) Modified on 7/20/2009. PLEADING STRICKEN PER ORDER #126 (drn). |
| Filing 110 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition Transcript of Cindy Blackshear (Attachments: # 1 Deposition Transcript of Cindy Blackshear)(Kratochvil, William) Modified on 7/20/2009. PLEADING STRICKEN PER ORDER #126 (drn). |
| Filing 109 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition of Linda Galloway (Attachments: # 1 Deposition Transcript of Linda Galloway)(Kratochvil, William) Modified on 7/20/2009. PLEADING STRICKEN PER ORDER #126 (drn). |
| Filing 108 NOTICE by Ken Shouse, Kyle Shinbaum of Supplemental Notice of Reliance on Evidence (Kratochvil, William) |
| Filing 107 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition (James Smith) (Kratochvil, William) |
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Filing 106
THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 12/21/2009 at 09:00 AM in Ft. Myers Courtroom 5 D before Judge Unassigned Judge, Jury Trial set for trial term 1/4/2010 at 09:00 AM in Ft. Myers Courtroom 5 D before Judge Unassigned Judge. See order for all deadlines. Signed by Magistrate Judge Douglas N. Frazier on 6/11/2009. (BJH)
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| Filing 105 SUMMARY JUDGMENT NOTICE re #102 MOTION for summary judgment and Memorandum of Law In Support. (drn) |
| Filing 104 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition (Attachments: #1 Continuance of Dennis Bradley's Deposition Transcript)(Kratochvil, William) |
| Filing 103 NOTICE by Ken Shouse, Kyle Shinbaum of Reliance on Evidence (Kratochvil, William) |
| Filing 102 MOTION for summary judgment and Memorandum of Law In Support by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 101 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition (Attachments: # 1 Exhibits to Deposition Transcript of Corinne Migdal)(Kratochvil, William) Modified on 7/20/2009. PLEADING STRICKEN PER ORDER #126(drn). |
| Filing 100 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition (Attachments: # 1 Exhibits to Deposition Transcript of Mary Dewar)(Kratochvil, William) Modified on 7/20/2009. PLEADING STRICKEN PER ORDER #126(drn). |
| Filing 99 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition (Barbara Purchase) (Kratochvil, William) |
| Filing 98 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition (Attachments: # 1 Exhibits to deposition transcript of Stephen Grone)(Kratochvil, William) Modified on 7/20/2009. PLEADING STRICKEN PER ORDER #126 (drn). |
| Filing 97 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition (Attachments: # 1 Exhibits to Richard Wuolukka's deposition transcript)(Kratochvil, William) Modified on 7/20/2009. PLEADING STRICKEN PER ORDER #126 (drn). |
| Filing 96 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition (Attachments: # 1 Exhibits to Betty Cook's deposition transcript)(Kratochvil, William) Modified on 7/20/2009. PLEADING STRICKEN PER ORDER #126 (drn). |
| Filing 95 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Deposition (Attachments: # 1 Exhibits to Deposition of Paul M. Galloway)(Kratochvil, William) Modified on 7/20/2009. PLEADING STRICKEN PER ORDER #126 (drn). |
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Filing 94
ORDER granting #93 Unopposed Motion to Amend the Second Amended Case Management and Scheduling Order and to Continue Mediation Pending Ruling by the Court Upon the Motion to Dismiss. See Order for details. Signed by Magistrate Judge Douglas N. Frazier on 6/9/2009. (brh)
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| Filing 93 Unopposed MOTION to amend/correct the Second Amended Case Management and Scheduling Order and to Continue Mediation Pending Ruling On Motion to Dismiss by all plaintiffs. (Perry, Daniel) |
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Filing 92
ORDER denying #76 Motion to Compel and/or Motion for Sanctions. Signed by Magistrate Judge Douglas N. Frazier on 4/10/2009. (brh)
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Filing 91
ENDORSED ORDER: Upon due consideration of Plaintiffs' Notice of Voluntary Dismissal found within Plaintiffs' Response (Dkt. 85), it is ordered and adjudged that Plaintiffs Lilian Tetreault, Richard Niehaus, and Shirley Niehaus are hereby dismissed without prejudice. Signed by Judge Richard A. Lazzara for Unassigned Judge on 4/7/2009. (CCB)
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Filing 90
ENDORSED ORDER granting #88 Motion to Appear at Mediation Telephonically by the Risk Management Representative and Kyle Shinbaum. Signed by Magistrate Judge Douglas N. Frazier on 4/3/2009. (BAS)
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Filing 89
ORDER granting #87 Unopposed Motion to Amend the Second Amended Case Management and Scheduling Order and to Continue Mediation. The discovery deadline is extended until June 1, 2009; the mediation deadline is extended until June 15, 2009; and the dispositive motions, Daubert and Markman motion deadline is extended to June 9, 2009. All other dates previously set shall remain the same. Signed by Magistrate Judge Douglas N. Frazier on 4/3/2009. (brh)
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| Filing 88 MOTION to Appear Telephonically at Mediation by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) Motions referred to Magistrate Judge Douglas N. Frazier. |
| Filing 87 Unopposed MOTION to amend/correct the Second Amended Case Management and Scheduling Order and to Continue Mediation by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 86 AMENDED CERTIFICATE of service re #84 Response in opposition to motion To Dismiss by Daniel W. Perry on behalf of Cindy Blackshear (Perry, Daniel) Modified on 3/20/2009 to correct docket text (drn). |
| Filing 85 RESPONSE TO ORDER TO SHOW CAUSE re #79 Order to show cause filed by Cindy Blackshear. (Perry, Daniel) |
| Filing 84 RESPONSE in opposition re #80 MOTION to dismiss, #82 MOTION to dismiss filed by Cindy Blackshear. (Perry, Daniel) Modified on 3/18/2009 to correct docket text (drn). |
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Filing 83
ORDER denying as moot #80 Motion to Dismiss and or Motion to Quash Answer; and, granting #81 Motion to Amend the Motion to Dismiss and/or Motion to Quash. The Court accepts the Defendants Amended Motion to Dismiss and/or Motion to Quash #82 for filing. Signed by Magistrate Judge Douglas N. Frazier on 3/11/2009. (brh)
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| Filing 82 AMENDED MOTION to Motion to Dismiss and/or Motion to Quash and Supporting Memorandum of Law by John Bowman, Dora Cline, Robert Cohen, Jack Latvala, Ken Shouse, Kyle Shinbaum. (Kratochvil, William) Modified on 3/11/2009 to correct docket text (drn). |
| Filing 81 MOTION to amend/correct the Motion to Dismiss and/or Motion to Quash and Supporting Memorandum of Law Filed on March 6, 2009 by Jack Latvala. (Kratochvil, William) |
| Filing 80 Motion to Dismiss and/or Motion to Quash ANSWER to #78 Amended complaint by John Bowman, Dora Cline, Robert Cohen, Ken Shouse, Kyle Shinbaum.(Kratochvil, William) |
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Filing 79
ORDER TO SHOW CAUSE: On or before March 20, 2009, the following Plaintiffs, Trinka Grone, Milton Burke, Carlton Glenn, Jeanne Glenn, Richard Kemp, Jacqueline Kemp, Richard Niehaus, Shirley Niehaus, and Lilian Tetreault shall respond to the outstanding Interrogatories and Request to Produce. On or before March 20, 2009, the following Plaintiffs, Trinka Grone, Milton Burke, Carlton Glenn, Jeanne Glenn, Richard Kemp, Jacqueline Kemp, Richard Niehaus, Shirley Niehaus, and Lilian Tetreault shall file a response to this Order to Show Cause showing good cause why sanctions should not be entered against them for failing to respond to motions, failing to provide discovery, and failing to comply with Court Orders. Absent good cause shown, the Court will recommend sanctions be entered against these Plaintiffs to include dismissal of the Amended Complaint as to the non-compliant Plaintiffs. Signed by Magistrate Judge Douglas N. Frazier on 2/26/2009. (brh)
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| Filing 78 AMENDED COMPLAINT against all defendants with Jury Demand filed by all plaintiffs.(Perry, Daniel) |
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Filing 77
ORDER: Defendants Kyle Shinbaum and Ken Shouse's motion to dismiss #3 is GRANTED. Defendants John Bowman and Robert Cohen's motion to dismiss and/or motion to quash #23 is GRANTED. Defendant Jack Latvala's motion to dismiss and/or motion to quash #27 is GRANTED. Defendant Dora Cline's motion to dismiss and/or motion to quash #35 is GRANTED. Plaintiffs' complaint #2 is DISMISSED without prejudice. Should Plaintiffs be inclined to amend their complaint, they shall do so within ten days of the date of this order. See order for details. Signed by Judge Virginia M. Hernandez Covington on 2/11/2009. (KAK)
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| Filing 76 MOTION to compel and/or Motion for Sanctions by Ken Shouse, Kyle Shinbaum. (Attachments: #1 Exhibit A, #2 Exhibit B)(Kratochvil, William) Motions referred to Magistrate Judge Douglas N. Frazier. |
| Filing 75 NOTICE by Ken Shouse, Kyle Shinbaum to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Complaint (Kratochvil, William) |
| Filing 74 NOTICE by Dora Cline to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Complaint (Kratochvil, William) |
| Filing 73 NOTICE by Jack Latvala to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Complaint (Kratochvil, William) |
| Filing 72 NOTICE by Jack Latvala to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Complaint (Kratochvil, William) |
| Filing 71 NOTICE by John Bowman, Robert Cohen to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Complaint (Kratochvil, William) |
| Filing 70 NOTICE by Ken Shouse, Kyle Shinbaum to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Complaint (Kratochvil, William) |
| Filing 69 NOTICE by Dora Cline to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Complaint (Kratochvil, William) |
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Filing 68
SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 9/18/2009 at 09:00 AM before Judge Unassigned Judge, Jury Trial set for trial term 10/5/2009 at 09:00 AM before Judge Unassigned Judge. See order for all deadlines. Signed by Magistrate Judge Douglas N. Frazier on 11/28/2008. (BJH)
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| Filing 67 NOTICE by Ken Shouse, Kyle Shinbaum of Cancellation of Mediation Scheduled on December 4, 2008 (Kratochvil, William) |
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Filing 66
ORDER granting #64 Motion to Excuse Defendant Shinbaum from the Mediation Conference. Kyle Shinbaum is excused from attending the mediation in person. Kyle Shinbaum and his counsel must make arrangements to be able to communicate on the day of the mediation. Signed by Magistrate Judge Douglas N. Frazier on 11/25/2008. (brh)
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Filing 65
ENDORSED ORDER granting #63 Unopposed Motion to Amend the Operative Case Management and Scheduling Order and to Continue Mediation. The Clerk is directed to enter an amended case management and scheduling order. Signed by Magistrate Judge Douglas N. Frazier on 11/25/2008. (brh)
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| Filing 64 MOTION for miscellaneous relief, specifically to Excuse Defendant Shinbaum from the Mediation Conference by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 63 Unopposed MOTION to amend/correct the Operative Case Management and Scheduling Order and to Continue Mediation by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 62 NOTICE by Jack Latvala to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Complaint (Kratochvil, William) |
| Filing 61 NOTICE by Dora Cline to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Complaint (Kratochvil, William) |
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Filing 60
ENDORSED ORDER granting #59 Defendants' Motion to Allow Telephonic Appearance of the Risk Management representative at mediation on December 4, 2008. Signed by Magistrate Judge Douglas N. Frazier on 11/13/2008. (BAS)
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| Filing 59 MOTION to Appear Telephonically at Mediation by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) Motions referred to Magistrate Judge Douglas N. Frazier. |
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Filing 58
ORDER granting #56 Unopposed Motion for Leave to Take Additional Depositions; and granting in part and denying in part #57 Unopposed Motion to Amend Amended Case Management and Scheduling Order. The discovery shall be extended until January 19, 2009, for the limited purpose of these Defendants deposing the Plaintiffs, the owners of the Charlotte Harbor Mobil Home Park at the time of the change in land use, and an employee at the time of the change in land use with the most knowledge regarding the reason for the change in land use. If the parties agree to having the pretrial conference and trial continued, then upon motion, the Court will enter an Amended Case Management and Scheduling Order continuing the dispositive motion deadline, as well as the Pretrial and Trial dates. Signed by Magistrate Judge Douglas N. Frazier on 11/4/2008. (brh)
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| Filing 57 MOTION to amend/correct #42 Case management and scheduling order by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 56 MOTION for Leave to Take Additional Depsoitions by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 55 Remark: Dispositive motions referred to The Honorable Elizabeth A. Kovachevich. (JW) |
| Filing 54 NOTICE by Dora Cline to the Court Pursuant to Local Rule 3.01(h) of Pending Motion to Dismiss Plaintiffs' Complaint (Kratochvil, William) |
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Filing 53
ORDER dismissing without prejudice the claims of plaintiffs listed in the #52 Notice of Voluntary Dismissal filed by Cindy Blackshear. The Clerk shall terminate the plaintiffs on the docket. Signed by Judge John E. Steele on 9/10/2008. (RKM)
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| Filing 52 NOTICE of Voluntary Dismissal by 41 of 68 named plaintiffs by Cindy Blackshear (Perry, Daniel) |
| Filing 51 NOTICE by John Bowman, Robert Cohen of Pending Motion to Dismiss Plaintiffs' Complaint (Kratochvil, William) |
| Filing 50 NOTICE to the Courts to take judicial notice regarding Pending Motion to Dismiss Plaintiffs' Complaint by Jack Latvala. (Kratochvil, William) |
| Filing 49 NOTICE of Hearing: Final Pretrial Conference set for 4/20/2009 at 10:00 AM before the Unassigned Judge, Jury Trial set for trial term 5/4/2009 at 09:30 AM before the Unassigned Judge (kma) |
| Filing 48 NOTICE to the Courts to take judicial notice regarding Pending Motion to Dismiss Plaintiffs' Complaint by John Bowman, Robert Cohen. (Kratochvil, William) |
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Filing 47
ORDER re [Doc. 46] Stipulation of Parties to Appoint Mediator and Set Mediation is granted. See Order for details. Signed by Magistrate Judge Douglas N. Frazier on 8/13/2008. (BAS) (kma).
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| Filing 46 STIPULATION of Parties to Appoint Mediator and Set Mediation by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
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Filing 45
ORDER granting #38 Motion to Compel Discovery. The Plaintiffs shall provide answers to Interrogatories and provide documents in response to the Request for Production within 20 days. If the Plaintiffs fail to provide this discovery within this time period, upon motion by the Defendants, the Court will consider sanctions. Signed by Magistrate Judge Douglas N. Frazier on 8/6/2008. (brh)
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| Filing 44 Case reassigned to Unassigned Judge. New case number: 2:07-cv-465-FtM-99DNF. Judge Marcia Morales Howard no longer assigned to the case. (LAG) |
| Filing 43 NOTICE by Ken Shouse, Kyle Shinbaum of Cancellation of Mediation (Kratochvil, William) |
| Filing 42 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 4/20/2009 at 10:00 AM before Judge Marcia Morales Howard, Jury Trial set for trial term 5/4/2009 at 09:30 AM before Judge Marcia Morales Howard. See Order for all deadlines. Signed by All Divisional Judges on 7/29/2008. (BJH) |
| Filing 41 NOTICE to the Courts to take judicial notice regarding Pending Motion to Dismiss Plaintiffs' Complaint by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
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Filing 40
ORDER granting #39 Motion to Amend Case Management and Scheduling Order. The Clerk is directed to enter an Amended Case Management and Scheduling Order incorporating the dates requested by the Defendants. Signed by Magistrate Judge Douglas N. Frazier on 7/25/2008. (brh)
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| Filing 39 MOTION to amend/correct Case Management and Scheduling Order by Kyle Shinbaum. (Attachments: #1 Exhibit A)(Kratochvil, William) |
| Filing 38 MOTION to compel Discovery by Ken Shouse, Kyle Shinbaum. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Kratochvil, William) Motions referred to Magistrate Judge Douglas N. Frazier. |
| Filing 37 NOTICE to the Courts to take judicial notice regarding Pending Motion to Dismiss Plaintiffs' Complaint by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 36 RESPONSE in opposition re #35 MOTION to dismiss Plaintiffs' Complaint MOTION to quash Service of Process, #34 MOTION to Dismiss for Lack of Jurisdiction and MOTION to Dismiss for Lack of Prosecution filed by Cindy Blackshear. (Perry, Daniel) |
| Filing 35 MOTION to dismiss Plaintiffs' Complaint, MOTION to quash Service of Process by Dora Cline. (Attachments: #1 Exhibit Exhibit #1, #2 Exhibit Exhibit #2, #3 Exhibit Exhibit #3)(Kratochvil, William) |
| Filing 34 MOTION to Dismiss for Lack of Jurisdiction and, MOTION to Dismiss for Lack of Prosecution by Dora Cline. (Attachments: #1 Exhibit Exhibit #1, #2 Exhibit Exhibit #2, #3 Exhibit Exhibit #3)(Kratochvil, William) Modified on 3/6/2008. COUNSEL TO RESUBMIT PLEADING (drn). |
| Filing 33 NOTICE by Dora Cline of Consent and Joinder to the Petition for Removal (Kratochvil, William) |
| Filing 32 AMENDED CERTIFICATE of service re #28 Response in opposition to motion Amended Certificate of Service by Daniel W. Perry on behalf of Cindy Blackshear (Perry, Daniel) Modified on 2/26/2008 to correct docket text (drn). |
| Filing 31 RESPONSE in opposition re #27 MOTION to dismiss Plaintiffs' Complaint MOTION to quash Plaintiffs' Complaint filed by Cindy Blackshear. (Perry, Daniel) |
| Filing 30 Defendant's Initial Disclosure by John Bowman, Robert Cohen, Jack Latvala (Kratochvil, William) Modified on 2/21/2008 to correct docket text (drn). |
| Filing 29 CERTIFICATE of interested persons and corporate disclosure statement re #24 Interested persons order by John Bowman, Robert Cohen, Jack Latvala. (Kratochvil, William) |
| Filing 28 RESPONSE in opposition re #23 MOTION to dismiss Plaintiffs' Complaint filed by Cindy Blackshear. (Perry, Daniel) |
| Filing 27 MOTION to dismiss Plaintiffs' Complaint, MOTION to quash Plaintiffs' Complaint by Jack Latvala. (Attachments: #1 Exhibit 1 - Summons served on Defendant Latvala, #2 Exhibit 2- Complaint served on Defendant Latvala)(Kratochvil, William) |
| Filing 26 NOTICE by Jack Latvala of Consent and Joinder to the Petition for Removal (Kratochvil, William) |
| Filing 25 MEMORANDUM in support re #23 Motion to dismiss,, filed by John Bowman, Robert Cohen. (Kratochvil, William) |
| Filing 24 INTERESTED PERSONS ORDER as to John Bowman and Robert Cohen.Certificate of interested persons and corporate disclosure statement due by 2/19/2008. Signed by All Divisional Judges on 2/6/2008. (drn) |
| Filing 23 MOTION to dismiss and/or motion to quash and supporting memorandum of law re: Plaintiffs' Complaint by John Bowman, Robert Cohen. (Attachments: #1 Exhibit A - Summons Served on Defendant John Bowman, #2 Exhibit Exhibit B - Summons Served on Defendant Cohen, #3 Exhibit C- Motion to Grant an Additional 90 Days Within Which to Effect Service and to Appoint Process Server; et al., #4 Exhibit D- Complaint Served on Defendants Bowman and Cohen)(Kratochvil, William) Modified on 2/6/2008 to correct docket text (drn). |
| Filing 22 NOTICE by John Bowman, Robert Cohen OF CONSENT AND JOINDER TO THE PETITION FOR REMOVAL (Kratochvil, William) |
| Filing 21 PLAINTIFFS' initial disclosure pursuant to Fed.R.Civ.P. 26 by Cindy Blackshear.(Perry, Daniel) Modified on 12/26/2007 to correct docket entry text; counsel notified (SLU). |
| Filing 20 STIPULATION of Parties to Appoint Mediator and Set Mediation by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
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Filing 19
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 1/20/2009 at 10:00 AM in Courtroom 5 D before Judge Marcia Morales Howard, Jury Trial set for trial term 2/2/2009 at 09:30 AM in Courtroom 5 D before Judge Marcia Morales Howard. See Order for all deadlines. Signed by Judge Douglas N. Frazier on 10/29/2007. (BJH, )
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| Filing 18 AMENDED CASE MANAGEMENT REPORT by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) Modified on 10/17/2007 (drn) |
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Filing 17
ORDER REGARDING PROPER FORM. Signed by Judge All Divisional Judges on 10/5/2007. (BJH, )
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| Filing 16 CASE MANAGEMENT REPORT. (Kratochvil, William) |
| Filing 15 RESPONSE in opposition re #3 MOTION to dismiss Plaintiffs' complaint filed by Cindy Blackshear. (Perry, Daniel) |
| Filing 14 AMENDED Notice of Pendency of Other Actions by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) Modified on 8/24/2007 (drn) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Cindy Blackshear. (Perry, Daniel) |
| Filing 12 NOTICE of pendency of related cases re order of compliance to Local Rule by Cindy Blackshear Related case(s): no (Perry, Daniel) |
| Filing 11 NOTICE by Ken Shouse, Kyle Shinbaum of Filing Notice of/Petition for Removal to Federal Court (Attachments: #1 Exhibit A)(Kratochvil, William) |
| Filing 10 MEMORANDUM in support re #3 Motion To Dismiss, filed by Ken Shouse, Kyle Shinbaum. (Attachments: #1 Exhibit 1#2 Exhibit 2#3 Exhibit 3)(Kratochvil, William) Modified on 8/14/2007 (drn) |
| Filing 9 CERTIFICATE of interested persons and corporate disclosure statement re #6 Interested persons order by Ken Shouse, Kyle Shinbaum. (Kratochvil, William) |
| Filing 8 NOTICE of pendency of related cases re #7 Related Case order of compliance to Local Rule by Ken Shouse, Kyle Shinbaum Related case(s): yes (Kratochvil, William) |
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Filing 7
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/14/2007. Signed by Judge All Divisional Judges on 8/3/2007. (BJH, )
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Filing 6
INTERESTED PERSONS ORDER. Certificate of interested persons and corporate disclosure statement due by 8/14/2007. Signed by Judge All Divisional Judges on 8/3/2007. (BJH, )
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Filing 5
ORDER directing compliance with Local Rule 4.02(c), which requires the movant to file a memorandum of law in support of any request for relief in accordance with Local Rule 3.01(a). Defendants shall have up to and including August 16, 2007, within which to comply with this Order. Plaintiffs shall have up to and including August 29, 2007, to file a response to the Motion. Signed by Judge Marcia Morales Howard on 7/31/2007. (laf, )
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| Filing 4 STANDING ORDER: Filing of documents that exceed twenty-five pages.Signed by All Divisional Judges on 3/27/07. (drn) |
| Filing 3 MOTION to dismiss Plaintiffs' complaint by Ken Shouse, Kyle Shinbaum. (Attachments: #1 Exhibit 1).(drn) |
| Filing 2 COMPLAINT against John Bowman, Dora Cline, Robert Cohen, Jack Latvala, Ken Shouse, Kyle Shinbaum; jury demand filed by Stephen Grone, Trinka Grone, Greg Shewring, Cindy Blackshear, Dennis Bradley, Linda Bradley, James Cook, Betty Cook in State Court on 4/2/07.(Attachments: #(1) Exhibit A)(drn) |
| Filing 1 NOTICE OF REMOVAL from 20th Judicial Circuit, Lee County, case number 07-CA-2916 filed in State Court on 4/2/07. Filing fee $350, receipt number F009689 filed by Ken Shouse, Kyle Shinbaum.(drn) |
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