Leigh et al v. Artis-Naples, Inc.
| Ashley Leigh, Erik Berg and James Griffith |
| Artis-Naples, Inc. |
| 2:2022cv00606 |
| September 21, 2022 |
| US District Court for the Middle District of Florida |
| John L Badalamenti |
| Kyle C Dudek |
| Civil Rights: Jobs |
| 42 U.S.C. § 2000 e Job Discrimination (Employment) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 9, 2023. A more recent docket listing may be available from PACER.
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Filing 47
RESPONSE re Plaintiffs' #37 NOTICE of Supplemental Authorities in Support of Plaintiffs' Motion for Preliminary Injunction filed by Artis-Naples, Inc. (Immel, Otto) Modified text on 11/17/2022 (SEH).
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Filing 46
ADMITTED EXHIBIT LIST re #45 Minute Entry. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 5, #4 Exhibit 6, #5 Exhibit 7)(JGG)
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Filing 45
Minute Entry. Virtual Proceedings held before Judge John L. Badalamenti: MOTION HEARING held on 11/14/2022 re #6 Emergency MOTION for Preliminary Injunction - Time Sensitive filed by Ashley Leigh, Erik Berg, James Griffith. Court Reporter: Jeffrey G. Thomas (JGG)
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Filing 44
NOTICE Regarding the Nashville Symphony Audition by Ashley Leigh. (Mihet, Horatio) Modified on 11/15/2022 (SEH).
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Filing 43
NOTICE of a related action per Local Rule 1.07(c) by Erik Berg, James Griffith, Ashley Leigh. Related case(s): Yes (Mihet, Horatio)
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Filing 42
ENDORSED ORDER. For the reasons discussed during the Court's November 14, 2022 Evidentiary Hearing, the Court finds good cause to permit Defendant Artis-Naples, Inc. to respond to Plaintiff Leigh et al.'s Notice of Supplemental Authority in Support of Their Motion for Preliminary Injunction, (Doc. 37). Artis-Naples may file a response of no longer than five (5) pages, not including case caption and signature blocks, on or before Wednesday, November 16, 2022 at 5pm. Signed by Judge John L. Badalamenti on 11/14/2022. (LH)
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Filing 41
NOTICE of Lead Counsel Designation by Otto W. Immel, Jr on behalf of Artis-Naples, Inc.. Lead Counsel: Otto W. Immel. (Immel, Otto)
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Filing 40
CORPORATE Disclosure Statement by Artis-Naples, Inc.. (Immel, Otto)
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Filing 39
ENDORSED ORDER. Defendant has filed a motion #38 asking for a status conference to address several issues. The request is denied. First, to the extent Defendant seeks clarification on the "nature and scope" of the upcoming preliminary injunction hearing, a conference is unnecessary. The scope of the injunction hearing is set forth in the Court's prior orders (See Doc. 17.) Second, Defendant asks for "assistance" with "a subpoena for testimony at the hearing." But no objections have been filed to the subpoena nor is it before the Court. Thus, yet again, a conference is unnecessary. Finally, any concerns Defendant has about Plaintiff's recent supplemental authority are appropriately addressed by a motion and not a status conference. The preliminary injunction hearing will proceed as scheduled on Monday. The Court will address any objections to either parties' evidence at that time. Signed by Magistrate Judge Kyle C. Dudek on 11/10/2022. (Dudek, Kyle)
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Filing 38
MOTION for Status Conference In Advance of Hearing On Plaintiffs' Motion for Preliminary Injunction by Artis-Naples, Inc. (Immel, Otto) Motions referred to Magistrate Judge Kyle C. Dudek. Modified text on 11/14/2022 (SEH).
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Filing 37
NOTICE of Supplemental Authorities in Support of Plaintiffs' Motion for Preliminary Injunction by Erik Berg, James Griffith, Ashley Leigh. (Mihet, Horatio) Modified text on 11/14/2022 (SEH).
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Filing 36
NOTICE of Intent to Present Testimony at, and Request for the Court's Guidance Regarding, the Preliminary Injunction Hearing by Erik Berg, James Griffith, Ashley Leigh. (Mihet, Horatio) Modified text on 11/8/2022 (SEH).
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Filing 35
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 2/15/2023; Joinder of Parties due by 2/15/2023; Discovery due by 12/1/2023 ; Dispositive motions due by 12/29/2023; Pretrial statement due by 6/14/2024; All other motions due by 6/10/2024; Plaintiff disclosure of expert report due by 9/2/2023; Defendant disclosure of expert report due by 10/2/2023; Final Pretrial Conference set for 6/28/2024 at 01:30 PM in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti; Jury Trial set for 7/1/2024 trial term in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti. Conduct mediation hearing by 12/8/2023. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 11/7/2022. (CGW)
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Filing 34
Minute Entry. Telephonic Proceedings held before Magistrate Judge Kyle C. Dudek: granting 33 ORAL Motion for Extension of Time to File notice of related action--granted to 11/14/2022; granting 31 ORAL Motion for Extension of Time to File designation of lead counsel--granted to 11/14/2022; granting 32 ORAL Motion for Extension of Time to File corporate disclosure statement--granted to 11/14/2022; PRELIMINARY PRETRIAL CONFERENCE held on 11/7/2022. (CGW)
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Filing 33
ORAL MOTION for Extension of Time to File Notice of Related Action. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 32
ORAL MOTION for Extension of Time to File corporate disclosure statement. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 31
ORAL MOTION for Extension of Time to File designation of lead counsel. (CGW) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 30
NOTICE OF RESCHEDULING HEARING: The Preliminary Pretrial Conference hearing previously scheduled for 11/7/22 at 10:00 AM before Magistrate Judge Kyle C. Dudek will now be held via telephone. All parties shall appear telephonically. The toll-free teleconference number is 1-888-684-8852. The access code is 1982804. You will then be prompted to enter a participant security code: 22606. 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.(CGW)
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Filing 29
CASE MANAGEMENT REPORT. (Mihet, Horatio)
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Filing 28
ANSWER and affirmative defenses to #1 Complaint by Artis-Naples, Inc..(Immel, Otto)
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Filing 27
NOTICE of hearing on #6 Emergency MOTION for Preliminary Injunction - Time Sensitive. Motion Hearing set for NOVEMBER 14, 2022, at 10:30 AM by Zoom Video Conference before Judge John L. Badalamenti. Participants will receive a Zoom invitation by separate email. (3 hours reserved) (SRC)
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Filing 26
Joint NOTICE Regarding Plaintiffs' Motion for Preliminary Injunction by Erik Berg, James Griffith, Ashley Leigh. (Mihet, Horatio) Modified text on 10/26/2022 (SEH).
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Filing 25
Minute Entry. Virtual Proceedings held before Judge John L. Badalamenti: STATUS CONFERENCE held on 10/17/2022. Court Reporter: Bill Jones (MEJ)
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Filing 24
ENDORSED ORDER granting #22 Defendant Artis-Naples, Inc.'s Motion for Extension of Time to Respond to Plaintiff Leigh et als' Complaint. In light of the impacts of Hurricane Ian on Artis-Naples, and noting that the Motion is unopposed, Artis-Naples shall file its response on or before October 27, 2022. Signed by Judge John L. Badalamenti on 10/12/2022. (LH)
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Filing 23
NOTICE of hearing: Status Conference set for OCTOBER 17, 2022, at 01:30 PM by Zoom Video Conference before Judge John L. Badalamenti. Participants will receive a Zoom invitation by separate email. (SRC)
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Filing 22
Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Artis-Naples, Inc.. (Immel, Otto) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 21
Second Joint NOTICE regarding availability for evidentiary hearing by Erik Berg, James Griffith, Ashley Leigh re 19 Order no pdf, (Mihet, Horatio) (Modified on 10/14/2022 to edit text) (SJW).
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Filing 20
RESPONSE in Opposition re #6 Emergency MOTION for Preliminary Injunction - Time Sensitive filed by Artis-Naples, Inc.. (Attachments: #1 Exhibit Declaration of David Filner)(Immel, Otto)
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Filing 19
ENDORSED ORDER. The parties have indicated that they are available for an evidentiary hearing on Plaintiffs' Time-Sensitive Motion for Preliminary Injunction on October 13, 2022. (Doc. 18.) Due to the significant impact of Hurricane Ian, restoration of operations in the Fort Myers division courthouse remains ongoing, and the Fort Myers division will not reopen until October 17, 2022. Thus, on or before October 7, 2022 at 5 p.m. EDT, and after counsel confer with each other, the parties are directed to file another Joint Notice of Availability for a Zoom evidentiary hearing between October 17 and October 26, 2022. Additionally, the Court is available for a telephonic status conference to address any concerns the parties may have between October 10 and October 12, 2022. Should the parties be interested in such a status conference, they may indicate such interest and availability in the Joint Notice. Signed by Judge John L. Badalamenti on 10/6/2022. (LH)
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Filing 18
Joint NOTICE regarding parties' availability for evidentiary hearing by Erik Berg, James Griffith, and Ashley Leigh re 17 Endorsed Order. (Mihet, Horatio) Modified to edit text on 10/5/2022 (LMF).
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Filing 17
ENDORSED ORDER. Plaintiffs have filed a Time-Sensitive Motion for Preliminary Injunction, requesting that such relief be granted before October 5, 2022. (Doc. 6.) To obtain a preliminary injunction, Plaintiffs must establish the following requirements: "(1) a substantial likelihood of success on the merits; (2) a substantial threat of irreparable injury; (3) that the threatened injury to the plaintiff outweighs the potential harm to the defendant; and (4) that the injunction will not disserve the public interest." Palmer v. Braun, 287 F.3d 1325, 1329 (11th Cir. 2002). After a preliminary review of the operative complaint (Doc. 1), the Court notes that it appears that Plaintiffs have a substantial likelihood of success on the merits on at least one of their claims. Determining whether Plaintiffs will, absent the issuance of a preliminary injunction, sustain a substantial threat of irreparable injury (as well as the other factors outlined above) requires an evidentiary hearing. See Baker v. Buckeye Cellulose Corp., 856 F.2d 167, 169 (11th Cir. 1988). In light of the above, the Court will notice an evidentiary hearing by separate order, and the Motion for Preliminary Injunction will be resolved as expeditiously as possible thereafter. Operations of the Fort Myers Division courthouse have been suspended due to the impact of Hurricane Ian through October 7, 2022, and that date may be extended. The Court is closely monitoring the recovery of the Fort Myers Division's geographical area and finds that conducting an evidentiary hearing before the requested October 5, 2022 date is likely not feasible for local counsel and the parties because of hardships related Hurricane Ian. On or before October 5, 2022 at 2 p.m., and after counsel confer with each other, counsel shall file a Joint Notice of Availability for a Zoom evidentiary hearing between October 6 and October 13, 2022. Should filing such a Joint Notice not be possible given the impacts of Hurricane Ian, the Court will entertain a motion to extend that October 5, 2022 deadline upon request. Signed by Judge John L. Badalamenti on 10/4/2022. (LH)
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Filing 16
ENDORSED ORDER granting #15 Defendant's Motion for Extension of Time to File Response to Preliminary Injunction. Given the approaching hurricane and the disruption it is causing, including the closure of Defendant's operations, the Court finds good cause to grant Defendant a 7 day extension to respond to the preliminary injunction. Although Defendant's motion is opposed, the Court finds good cause to address it now and without awaiting a response on account of the declared state of emergency in Florida. Signed by Magistrate Judge Kyle C. Dudek on 9/27/2022. (Dudek, Kyle)
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Filing 15
MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion for Preliminary Injunction by Artis-Naples, Inc. (Immel, Otto) Motions referred to Magistrate Judge Kyle C. Dudek.
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Filing 14
NOTICE of hearing: Preliminary Pretrial Conference set for 11/7/2022 at 10:00 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. Case Management Report due by 11/1/2022.(CGW)
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Filing 13
CERTIFICATE of service by Erik Berg, James Griffith, Ashley Leigh re #1 Complaint #6 Emergency MOTION for Preliminary Injunction - Time Sensitive, #4 Summons issued . (Mihet, Horatio)
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Filing 12
RETURN of service executed on 9/22/2022 by Ashley Leigh, James Griffith, Erik Berg as to Artis-Naples, Inc. (Mihet, Horatio)
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Filing 11
NOTICE of Appearance by Alexis Marie Barkis on behalf of Artis-Naples, Inc. (Barkis, Alexis)
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Filing 10
NOTICE of Appearance by Otto W. Immel, Jr on behalf of Artis-Naples, Inc. (Immel, Otto)
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Filing 9
NOTICE of compliance re 5 Notice to Counsel of Local Rule regarding local bar membership requirement by Erik Berg, James Griffith, Ashley Leigh (Mihet, Horatio)
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Filing 8
NOTICE of Lead Counsel Designation by Horatio G. Mihet on behalf of Erik Berg, James Griffith, Ashley Leigh. Lead Counsel: Horatio G. Mihet. (Mihet, Horatio)
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Filing 7
CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Erik Berg, James Griffith, Ashley Leigh. (Mihet, Horatio)
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Filing 6
Emergency MOTION for Preliminary Injunction - Time Sensitive by All Plaintiffs. (Attachments: #1 Exhibit 1 - Dallas Declaration, #2 Exhibit 2 - Leigh Declaration, #3 Exhibit 3 - Berg Declaration, #4 Exhibit 4 - Griffith Declaration)(Mihet, Horatio) Modified to remove all caps in docket text on 9/22/2022 (JK).
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Filing 5
NOTICE to counsel Horatio G. Mihet of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (JK)
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Filing 4
SUMMONS issued as to Artis-Naples, Inc. (JK)
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Filing 3
CIVIL Action Order Signed by All Divisional Judges on 9/21/2022. (JK)
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Filing 2
NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:22-cv-0606-JLB-KCD. (SJB)
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Filing 1
COMPLAINT against Artis-Naples, Inc. with Jury Demand (Filing fee $402 receipt number AFLMDC-20017975) filed by All Plaintiffs. (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, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Civil Cover Sheet, #23 Proposed Summons)(Mihet, Horatio) Modified as to docket text on 9/21/2022 (JK).
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