Oakes et al v. Collier County et al
| Seed to Table, LLC, Oakes Farms, Inc. d/b/a Seed to Table, Francis A. Oakes, III and Oakes Farms, Inc. doing business as Seed to Table |
| Collier County, Andy Solis, Burt Saunders, Penny Taylor and Andrew Solis |
| 2:2020cv00568 |
| August 5, 2020 |
| US District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 27, 2021. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 44
ORDERED: Plaintiffs' Motion for Reconsideration of Order to Show Cause and Cancellation of Hearing on Motion for Preliminary Injunction (Doc. #41) is DENIED. Signed by Judge Sheri Polster Chappell on 9/30/2020. (AEH)
|
| Filing 43 RESPONSE to Motion re #41 MOTION for Reconsideration re #39 Order to show cause, 40 Notice canceling hearing filed by Collier County. (Greene, Colleen) |
|
Filing 42
ENDORSED ORDER directing Defendant Collier County to respond to Plaintiff's Motion for Reconsideration of Order to Show Cause and Cancellation of Hearing on Motion for Preliminary Injunction (Doc. #41) on or before noon on October 1, 2020. Signed by Judge Sheri Polster Chappell on 9/29/2020. (CMC)
|
| Filing 41 MOTION for Reconsideration re #39 Order to show cause, 40 Notice canceling hearing by Francis A. Oakes, III, Oakes Farms, Inc., Seed to Table, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bracci, Steven) |
| Filing 40 NOTICE CANCELING IN-PERSON HEARING on Plaintiffs' Amended MOTION for Preliminary Injunction. (AEH) |
|
Filing 39
ORDERED: On or before October 9, 2020, Plaintiffs and Defendant must meet and confer in person or via videoconference to discuss the mootness issue raised herein. On or before October 16, 2020, Plaintiffs must file a memorandum of law, not to exceed fifteen pages in length, that shows cause why Executive Order Number 20-244 does not moot the Amended Complaint and the request for a preliminary injunction. On or before October 23, 2020, Defendant may file a response, not to exceed ten pages in length, to Plaintiffs' memorandum of law. The Court RESERVES ruling on Plaintiffs' amended motion for preliminary injunction (Doc. #28) and Defendant's motion to dismiss (Doc. #33) until resolving any potential mootness issue. The Clerk is DIRECTED to cancel the hearing on Plaintiffs' amended motion for preliminary injunction set for October 2, 2020. Show Cause Response due by 10/9/2020 Signed by Judge Sheri Polster Chappell on 9/29/2020. (AEH)
|
| Filing 38 RESPONSE in Opposition re #33 MOTION to Dismiss Amended Complaint filed by Francis A. Oakes, III, Oakes Farms, Inc., Seed to Table, LLC. (Bracci, Steven) |
| Filing 37 RESPONSE to Motion re #28 Amended MOTION for Preliminary Injunction filed by Collier County. (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)(Greene, Colleen) Modified on 9/25/2020 to amend docket text (MLS). |
| Filing 36 NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 10/14/2020 is rescheduled to 10/13/2020 at 10:20 AM before Magistrate Judge Nicholas P. Mizell. The telephonic instructions (Doc 16) remain the same.(WRW) |
|
Filing 35
ENDORSED ORDER directing Plaintiffs to file an expedited response to Defendant Collier County's Motion to Dismiss the Amended Complaint (Doc. #33) on or before September 25, 2020. Signed by Judge Sheri Polster Chappell on 9/21/2020.(CMC)
|
| Filing 34 NOTICE OF RESCHEDULING IN-PERSON HEARING: The hearing on Plaintiffs' Amended MOTION for Preliminary Injunction previously scheduled for 10/9/2020 is rescheduled. The new scheduling date and time are as follows: The Court will hear ORAL ARGUMENTS ONLY at the IN-PERSON Motion Hearing scheduled for 10/2/2020 at 9:30 AM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell. (AEH) |
| Filing 33 MOTION to Dismiss re #27 Amended Complaint by Collier County. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Greene, Colleen) |
| Filing 32 NOTICE OF IN-PERSON HEARING on Plaintiffs' Amended MOTION for Preliminary Injunction (Doc. 28). The Court will hear ORAL ARGUMENTS ONLY at the IN-PERSON Motion Hearing scheduled for 10/9/2020 at 9:30 AM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell. (AEH) |
|
Filing 31
ENDORSED ORDER. Before the Court is Plaintiffs' Notice of Voluntary Dismissal without Prejudice as to Defendants Andrew Solis, Burt Saunders, and Penny Taylor Each in their Official and Individual Capacities. (Doc. #29). Federal Rule of Civil Procedure 41(a)(1)(A)(i) allows a plaintiff to dismiss an action voluntarily before the opposing party answers or files a motion for summary judgment. This dismissal is effective upon filing and requires no further action by the Court. See Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Accordingly, in compliance with Rule 41(a), this action is DISMISSED without prejudice as to Defendants Andrew Solis, Burt Saunders, and Penny Taylor in their official and individual capacities. The Clerk is DIRECTED to enter terminate those Defendants from the case file. The case remains pending as to Defendant Collier County only. Signed by Judge Sheri Polster Chappell on 9/16/2020. (CMC)
|
|
Filing 30
ENDORSED ORDER denying as moot Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction (Doc. #17), as Plaintiffs have now filed an amended motion on the matter (Doc. #28). Signed by Judge Sheri Polster Chappell on 9/14/2020. (CMC)
|
| Filing 29 NOTICE of voluntary dismissal by Francis A. Oakes, III, Oakes Farms, Inc., Seed to Table, LLC (Bracci, Steven) |
| Filing 28 Amended MOTION for Preliminary Injunction re #17 Motion Preliminary Injunction by Francis A. Oakes, III, Oakes Farms, Inc., Seed to Table, LLC. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Bracci, Steven) Modified on 9/14/2020 to amend docket text (MLS). |
| Filing 27 AMENDED COMPLAINT (VERIFIED) against Collier County with Jury Demand. filed by Francis A. Oakes, III, Seed to Table, LLC, Oakes Farms, Inc.. Related document: #1 Complaint filed by Francis A. Oakes, III, Seed to Table, LLC, Oakes Farms, Inc.. (Attachments: #1 Exhibit A)(Bracci, Steven) |
| Filing 26 Minute Entry. Proceedings held before Judge Sheri Polster Chappell: STATUS CONFERENCE held on 9/8/2020. Court Reporter: Susan C. Baker (AEH) |
| Filing 25 NOTICE of Appearance by Jeffrey D. Fridkin on behalf of Burt Saunders (Fridkin, Jeffrey) |
| Filing 24 NOTICE of Appearance by Colleen M. Greene on behalf of Collier County (Greene, Colleen) |
| Filing 23 NOTICE of Appearance by John P. Cardillo on behalf of Penny Taylor (Cardillo, John) |
| Filing 22 NOTICE of Appearance by Jason H. Korn on behalf of Andrew Solis (Korn, Jason) |
| Filing 21 NOTICE OF RESCHEDULING STATUS CONFERENCE HEARING: The Status Conference hearing previously scheduled for 9/4/2020 is rescheduled. The new scheduling date and time are as follows: Status Conference is now set for 9/8/2020 at 1:30 PM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell. PLEASE NOTE: This hearing will be conducted via Zoom video conference; participants to receive instructions for joining the hearing separately. (AEH) |
| Filing 20 NOTICE of supplemental authority re #17 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction by Francis A. Oakes, III, Oakes Farms, Inc., Seed to Table, LLC. (Attachments: #1 Supplement 1, #2 Supplement 2, #3 Supplement 3, #4 Supplement 4)(Bracci, Steven) |
| Filing 19 NOTICE OF HEARING: a Status Conference is set for 9/4/2020 at 10:00 AM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell. PLEASE NOTE: this hearing will be conducted via Zoom video conference; participants shall receive instructions for joining the meeting separately. (AEH) |
|
Filing 18
ORDERED: Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction is DENIED to the extent that it requests a temporary restraining order. The Court RESERVES ruling on the preliminary injunction request. The Clerk is DIRECTED to set a status conference with all parties on September 4, 2020, at 10:00 a.m. Signed by Judge Sheri Polster Chappell on 8/20/2020. (AEH)
|
| Filing 17 MOTION for Temporary Restraining Order , MOTION for Preliminary Injunction by Francis A. Oakes, III, Oakes Farms, Inc., Seed to Table, LLC. (Attachments: #1 Exhibit A (June 30 meeting agenda), #2 Exhibit (June 30 meeting transcript), #3 Exhibit C (July 14 meeting agenda), #4 Exhibit D (July 14 meeting transcript), #5 Exhibit E (July 21 meeting agenda), #6 Exhibit F (July 21 meeting transcript))(Bracci, Steven) |
| Filing 16 NOTICE of hearing: Preliminary Pretrial Conference set for 10/14/2020 at 10:20 AM before Magistrate Judge Nicholas P. Mizell. Parties shall file a Case Management Report and Pretrial & Discovery Plan by 10/7/2020. All parties shall appear telephonically. The toll-free teleconference number is 1-877-873-8018. The access code is 5997085. You will then be prompted to enter a participant security code: 20568. All parties are encouraged to utilize a landline or similarly stable connection free of ambient interference to avoid having any portion of the conference conducted without them. (WRW) |
|
Filing 15
ENDORSED ORDER denying as moot #13 Unopposed Motion for Extension of Time to File; and granting #14 Amended Unopposed Motion for Extension of Time to File Responsive Pleadings. Defendants will respond to the Complaint by September 23, 2020. Signed by Magistrate Judge Nicholas P. Mizell on 8/14/2020. (brh)
|
| Filing 14 AMENDED Unopposed MOTION re #13 Unopposed MOTION for Extension of Time to File Answer re #9 Summons issued, #10 Summons issued, #1 Complaint, #11 Summons issued, #12 Summons issued by All Defendants. (Attachments: #1 Exhibit A, #2 Exhibit B)(Greene, Colleen) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 8/14/2020 to amend docket text(MLS). |
| Filing 13 Unopposed MOTION for Extension of Time to File Answer re #9 Summons issued, #10 Summons issued, #1 Complaint, #11 Summons issued, #12 Summons issued by All Defendants. (Greene, Colleen) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 12 SUMMONS issued as to Penny Taylor. (MLS) |
| Filing 11 SUMMONS issued as to Andrew Solis. (MLS) |
| Filing 10 SUMMONS issued as to Burt Saunders. (MLS) |
| Filing 9 SUMMONS issued as to Collier County. (MLS) |
| Filing 8 TRACK TWO NOTICE AND RELATED CASE ORDER. Signed by All Divisional Judges on 8/6/2020. (jmc) |
| Filing 7 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Nicholas P. Mizell. New case number: 2:20-cv-568-FtM-38NPM. (SJB) |
| Filing 6 PROPOSED summons to be issued to Penny Taylor by Francis A. Oakes, III, Oakes Farms, Inc. d/b/a Seed to Table, Seed to Table, LLC. (Bracci, Steven) |
| Filing 5 PROPOSED summons to be issued to Burt Saunders by Francis A. Oakes, III, Oakes Farms, Inc. d/b/a Seed to Table, Seed to Table, LLC. (Bracci, Steven) |
| Filing 4 PROPOSED summons to be issued to Andrew Solis by Francis A. Oakes, III, Oakes Farms, Inc. d/b/a Seed to Table, Seed to Table, LLC. (Bracci, Steven) (MLS). |
| Filing 3 PROPOSED summons to be issued to Collier County by Francis A. Oakes, III, Oakes Farms, Inc. d/b/a Seed to Table, Seed to Table, LLC. (Bracci, Steven) |
| Filing 2 NOTICE by Francis A. Oakes, III, Oakes Farms, Inc. d/b/a Seed to Table, Seed to Table, LLC re #1 Complaint File Civil Cover Sheet (Bracci, Steven) |
| Filing 1 COMPLAINT (VERIFIED) against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-17146736) filed by All Plaintiffs. (Attachments: #1 Exhibit A, #2 Exhibit B)(Bracci, Steven) |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Middle District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
