Vance v. Deloach et al
CARDELL II VANCE and Cardell Vance, II |
CITY OF CRESCENT, FLORIDA, CHAD WARD, HOMER DELOACH and DANIEL TAYLOR |
3:2019cv00999 |
August 26, 2019 |
US District Court for the Middle District of Florida |
Brian J Davis |
Monte C Richardson |
Civil Rights: Other |
42 U.S.C. § 1983 Civil Rights Act |
Both |
Docket Report
This docket was last retrieved on May 16, 2022. A more recent docket listing may be available from PACER.
Document Text |
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Filing 158 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Shelli Kozachenko. (SMK) |
Filing 157 TRANSCRIPT of Excerpt of Jury Trial (Testimony of Dr. Taylor) held on 5/11/22 before Judge Brian J. Davis. Court Reporter/Transcriber Shelli Kozachenko, Telephone number 904.302.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 6/6/2022 Redacted Transcript Deadline set for 6/16/2022 Release of Transcript Restriction set for 8/15/2022. (SMK) |
Filing 156 TRANSCRIPT of Excerpt of Jury Trial (Testimony of Oscar Rogers) held on 5/10/22 before Judge Brian J. Davis. Court Reporter/Transcriber Shelli Kozachenko, Telephone number 904.301.6842. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 6/6/2022 Redacted Transcript Deadline set for 6/16/2022 Release of Transcript Restriction set for 8/15/2022. (SMK) |
Filing 155 NOTICE by Daniel Taylor of Memorandum of Law Regarding the Court's Proposed Verdict Form (Spellman, Michael) |
Filing 154 NOTICE of Rulings on Plaintiff's Objections to Defendants' Deposition Designations. Signed by Judge Brian J. Davis on 5/9/2022. (AMP) |
Filing 153 PROOF of service by Cardell Vance, II (Williams, Lorenzo) |
Filing 152 ENDORSED ORDER: In light of Defendant's Emergency Motion to Strike #151, the Court requires the parties to appear on Monday, May 9, 2022 at 12:30 PM before the Honorable Brian J. Davis, United States District Judge, in the United States Courthouse, 300 N. Hogan Street, Courtroom 12C, Jacksonville, FL. Signed by Judge Brian J. Davis on 5/9/2022. (AMP) |
Filing 151 EMERGENCY MOTION to Strike #150 Notice of Filing Amended Exhibits List for Trial by All Defendants. (Attachments: #1 Exhibit 5:05 pm Friday email, #2 Exhibit Response to Ex. 1 Email, #3 Exhibit 6:40 pm. Friday Email, #4 Exhibit 1:40 pm Saturday email, #5 Exhibit 7:02 pm Saturday email)(Erdelyi, Susan) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 5/9/2022 to edit docket text) (JDR). |
Filing 150 NOTICE of Filing Amended Exhibit List by Cardell Vance, II re #137 Order (Attachments: #1 Main Document Plaintiff's Amended Exhibit List)(Williams, Lorenzo) (Modified on 5/9/2022 to edit docket text) (JDR). |
Filing 149 AMENDED OBJECTION re #144 Notice (Other), #148 Objection Plaintiff's Amended Notice of Filing Objections to Defendants' Sheriff Homer DeLoach and Daniel Taylors' Deposition Designation of Dr. Roy Taylor by Cardell Vance, II by Cardell Vance, II. (Williams, Lorenzo) (Modified on 5/5/2022, to edit text) (BGR). |
Filing 148 OBJECTION re #138 Trial Brief Plaintiff's Proposed Voir Dire. (Carson, Matthew) |
Filing 147 TRIAL BRIEF by Homer DeLoach, Daniel Taylor. (Carson, Matthew) |
Filing 146 OBJECTION re #144 Deposition Designations for Roy G. Taylor, Ph.D. (Williams, Lorenzo) (Modified on 5/5/2022, to edit text) (BGR). |
Filing 145 TRIAL BRIEF by City of Crescent, Florida. (Attachments: #1 Exhibit City's Response to Plaintiff's Request for Production)(Erdelyi, Susan) |
Filing 144 DEPOSITION Designations for Roy G. Taylor, Ph.D. by Homer DeLoach, Daniel Taylor (Carson, Matthew) (Modified on 5/5/2022, to edit text) (BGR). |
Filing 143 TRIAL BRIEF by Chad Ward. (Attachments: #1 Exhibit Deposition Transcript Patrick Kennedy, #2 Exhibit Plaintiff's Trial Exhibit 14, #3 Exhibit Plaintiff's Trial Exhibit 20, #4 Exhibit Plaintiff's Trial Exhibit 35, #5 Exhibit Plaintiff's Trial Exhibit 52, #6 Exhibit Plaintiff's Trial Exhibit 53, #7 Exhibit Plaintiff's Trial Exhibit 54, #8 Exhibit Plaintiff's Trial Exhibit 55, #9 Exhibit Plaintiff's Trial Exhibit 57)(Bonner, Robert) |
Filing 142 PROOF of service by Cardell Vance, II (Attachments: #1 Affidavit Return of Service Lenore Kimball, #2 Affidavit Return of Service Oscar Rogers, #3 Affidavit Return of Service Sidney Williams)(Williams, Lorenzo) |
Filing 141 ORDER RESCHEDULING HEARING. Jury selection is now scheduled to commence on Monday, May 9, 2022 at 1:00 p.m. before Judge Brian J. Davis in Jacksonville Courtroom 12C. The parties shall be prepared to present their cases following jury selection. Signed by Judge Brian J. Davis on 05/02/2022. (CKS) |
Filing 140 NOTICE by Homer DeLoach, Daniel Taylor of Filing (Attachments: #1 Exhibit Defendants' Joint Proposed Jury Instructions, #2 Exhibit Defendants Sheriff Homer DeLoach and Daniel Taylor's Proposed Voir Dire, #3 Exhibit Defendants' Joint Proposed Verdict Form)(Carson, Matthew) |
Filing 139 Proposed Voir Dire by City of Crescent, Florida, Chad Ward. (Erdelyi, Susan) |
Filing 138 TRIAL BRIEF Plaintiff's Trial Brief, Plaintiff's Exhibit A-Voir Dire, Plaintiff's Exhibit B-Verdict Form, Plaintiff's Exhibit C, Jury Instructions by Cardell Vance, II. (Attachments: #1 Main Document Plaintiff's Voir Dire, #2 Main Document Plaintiff's Verdict Form, #3 Main Document Plaintiff's jury Instructions)(Williams, Lorenzo) |
Filing 137 ORDER SCHEDULING TRIAL. Jury selection shall commence on Monday, May 9, 2022 at 9:00 a.m. before Judge Brian J. Davis in Jacksonville Courtroom 12C. The parties shall be prepared to present their cases in Courtroom 12C following jury selection. See Order for details. Signed by Judge Brian J. Davis on 4/27/2022. (Attachments: #1 Instructions Re: Pre-Marking Exhibits, #2 Instructions Re: Jury Selection, #3 Jury Voir Dire Questionnaire, #4 Deposition Designations Form)(CKS) |
Filing 136 ORDER GRANTING IN PART #90 Defendant Ward's Motion in Limine Concerning Decedent's Pain and Suffering; GRANTING IN PART #93 Defendants DeLoach and Taylor's Motion in Limine; GRANTING IN PART #102 Defendants City and Ward's Amended Motion in Limine; DENYING WITHOUT PREJUDICE #104 Defendants DeLoach and Taylor's Second Motion in Limine. Signed by Judge Brian J. Davis on 4/25/2022. (AMP) |
Filing 135 ORDER GRANTING IN PART #122 Defendants' Motion to Preclude Argument or Reference to Race at Trial. Signed by Judge Brian J. Davis on 4/25/2022. (AMP) |
Filing 134 NOTICE of Appearance by Kendall Shaye Mabry on behalf of City of Crescent, Florida (Mabry, Kendall) |
Filing 133 ORDER GRANTING IN PART #123 Defendants Sheriff and Taylor's Motion to Allow Dr. Deanna Oleske, Dr. Richard Hough and Jean Blundell to Testify at Trial by Zoom. See order for details. Signed by Judge Brian J. Davis on 4/21/2022. (AMP) |
Filing 132 Minute Entry. In Person Proceedings held before Judge Brian J. Davis: FINAL PRETRIAL CONFERENCE held on 4/20/2022. The following motions remain under advisement:#90 Motion in Limine of Defendant, Chad Ward, Concerning Decedent's Pain and Suffering; #93 Defendants Sheriff Homer DeLoach and Daniel Taylor's Motion in Limine; #102 Defendants City of Crescent City and Chad Ward's Amended Motion in Limine; #104 Defendant's Sheriff Homer DeLoach and Daniel Taylor's Second Motion in Limine; #121 Defendants' Motion in Limine to Preclude Reference to Body Cameras; #122 Defendants' Motion in Limine to Preclude Argument of Reference to Race at Trial and #123 Defendants Sheriff Homer DeLoach and Daniel Taylor's Motion to Allow Dr. Deanna Oleske, Dr. Richard Hough, and Jean Blundell to Testify and Trial By Zoom. Court Reporter: Shelli Kozachenko (CKS) |
Filing 131 ORDER GRANTING #121 Defendants' Motion in Limine to Preclude Reference to Body Cameras. Signed by Judge Brian J. Davis on 4/20/2022. (AMP) |
Filing 130 RESPONSE in Opposition re #123 MOTION for Miscellaneous Relief, specifically to allow Dr. Deanna Oleske, Dr. Richard Hough, and Jean Blundell, to testify at trial by Zoom Plaintiff's Response in Opposition to Defendants' Sheriff Homer DeLoach and Daniel Taylor's Motion to Allow Dr. Deanna Oleske, Dr. Richard Hough, and Jean Blundell to Testify at Trial Via Zoom and Incorporated Memorandum of Law filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 129 ORDER DENYING #103 Defendants City of Crescent City and Chad Ward's Motion to Bifurcate Liability Phase from Damage Phase at Trial. Signed by Judge Brian J. Davis on 4/18/2022. (AMP) |
Filing 128 RESPONSE in Opposition re #121 MOTION In Limine to exclude body camera argument or mention Plaintiff's Response in Opposition to Defendants' Motion in Limine to Preclude Reference to Body Cameras and Incorporated Memorandum of Law filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 127 RESPONSE in Opposition re #122 MOTION In Limine by all Defendants regarding Precluding Argument or Reference to Race at Trial Plaintiff's Response in Opposition to Defendants' Motion in Limine to Preclude Argument or Reference to Race at Trial and Incorporated Memorandum of Law filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 126 ORDER GRANTING #83 Defendant Chad Ward's Motion in Limine Regarding Defendant's Failure to Express Regrets or Attend Decedent's Funeral. Signed by Judge Brian J. Davis on 4/14/2022. (AMP) |
Filing 125 ORDER GRANTING IN PART and DENYING IN PART (Docs. #47 and #53) Defendants' Daubert Motions to Exclude the Expert Testimony of Dr. Roy Taylor. Signed by Judge Brian J. Davis on 4/14/2022. (AMP) |
Filing 124 AMENDED JOINT PRETRIAL statement by Cardell Vance, II. (Attachments: #1 Main Document Plaintiffs Exhibit List with Defendants' Objections, #2 Main Document Defendants' Exhibit list with Plaintiffs Objections, #3 Main Document Plaintiffs Witness List with Defendants' Objections, #4 Main Document Defendants' Witness List with Plaintiffs Objections)(Williams, Lorenzo) (Modified on 4/14/2022 to edit docket text) (JDR). |
Filing 123 MOTION to allow Dr. Deanna Oleske, Dr. Richard Hough, and Jean Blundell, to testify at trial by Zoom by Homer DeLoach, Daniel Taylor. (Carson, Matthew) (Modified on 4/14/2022 to edit docket text) (JDR). |
Filing 122 MOTION In Limine to Precluding Argument or Reference to Race at Trial by Homer DeLoach, Daniel Taylor. (Carson, Matthew) (Modified on 4/14/2022 to edit docket text) (JDR). |
Filing 121 MOTION In Limine to preclude reference body camera by City of Crescent, Florida, Homer DeLoach, Daniel Taylor, Chad Ward. (Erdelyi, Susan) (Modified on 4/14/2022 to edit docket text) (JDR). |
Filing 120 ORDER GRANTING #81 Motion in Limine of Defendant, Chad Ward, Regarding Arrest Record of Chad Ward; GRANTING #82 Motion in Limine of Defendant, Chad Ward, Regarding Accusations of Drug Use, Abuse, Sales or Purchases by Chad Ward. Signed by Judge Brian J. Davis on 4/13/2022. (AMP) |
Filing 119 FOURTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. The following deadlines and settings shall apply: Pretrial statement due by 4/13/2022; Final Pretrial Conference set for 4/20/2022 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 5/2/2022 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 3/11/2022. (AMP) |
Filing 118 Minute Entry. In Person Proceedings held before Magistrate Judge Monte C. Richardson: SETTLEMENT CONFERENCE held on 3/1/2022. (Digital) (SHS) |
Filing 117 ORDER granting #115 Time-Sensitive Unopposed Motion to Excuse Chad Ward from In-Person Attendance at Magistrate's Settlement Conference. Signed by Magistrate Judge Monte C. Richardson on 2/22/2022. (ADM) |
Filing 116 ORDER granting #114 Motion to Appear Telephonically. Signed by Magistrate Judge Monte C. Richardson on 2/18/2022. (ADM) |
Filing 115 TIME-SENSITIVE UNOPPOSED MOTION to Excuse Chad Ward from in-person attendance at Magistrate's settlement conference and permit attendance by videoconference by Chad Ward. (Bonner, Robert) (Modified on 2/22/2022 to edit docket text) (JDR). |
Filing 114 MOTION for Claims Counsel to Participate in Settlement Conference by Video Teleconference by Homer DeLoach, Daniel Taylor. (Carson, Matthew) Motions referred to Magistrate Judge Monte C. Richardson. (Modified on 2/16/2022 to edit docket text) (JDR). |
Filing 113 ENDORSED ORDER: #106 Defendant City of Crescent City's Second Unopposed Motion to Continue Trial is GRANTED. This trial is continued to the April trial calendar. An amended Case Management and Scheduling Order will enter. Signed by Judge Brian J. Davis on 2/9/2022. (AMP) |
Filing 112 JOINT PRETRIAL statement by Cardell Vance, II. (Attachments: #1 Plaintiffs Exhibit List with Defendants' Objections, #2 Exhibit - Defendants' Exhibit list with Plaintiffs Objections, #3 Exhibit -Plaintiffs Witness List with Defendants' Objections, #4 Exhibit -Defendants' Witness List with Plaintiffs Objections, #5 Exhibit - Plaintiffs Expert Report of Dr. Taylor, #6 Exhibit - Defendants' Sheriff Homer DeLoach and Daniel Taylor's Expert Report of Dr. Hough, #7 Exhibit - Defendants' City of Crescent City and Chad Ward's Expert Report of Dr. Mesloh, #8 Main Document Plaintiffs Voir Dire, #9 Main Document Plaintiffs Proposed Verdict Form, #10 Main Document Plaintiffs Proposed Jury Instructions, #11 Main Document Defendants' Verdict Form, #12 Main Document Defendants' Proposed Jury Instructions)(Williams, Lorenzo) (Modified on 2/10/2022 to edit docket text)(JDR). |
Filing 111 RESPONSE re #104 Second MOTION In Limine Plaintiff's Response in Opposition to Motion in Limine of Defendants' Sheriff Homer DeLoach and Daniel Taylor and Incorporated Memorandum of Law by Cardell Vance, II. (Williams, Lorenzo) |
Filing 110 RESPONSE re #103 MOTION to Bifurcate Trial Plaintiff's Response in Opposition to Defendants' City of Crescent City and Chad Ward's Motion to Bifurcate Liability Phase from Damages Phase at Trial and Incorporated Memorandum of Law by Cardell Vance, II. (Williams, Lorenzo) |
Filing 109 RESPONSE re #101 MOTION In Limine , #102 Amended MOTION In Limine Plaintiffs Response in Opposition to Motion in Limine and Amended Motion in Limine of Defendants' City of Crescent City and Chad Ward and Incorporated Memorandum of Law by Cardell Vance, II. (Williams, Lorenzo) |
Filing 108 RESPONSE re #90 MOTION In Limine regarding Decedent's Pain and Suffering Plaintiff's Response in Opposition to Motion in Limine by Defendant Chad Ward concerning Defendants Pain and Suffering and Incorporated Memorandum of Law by Cardell Vance, II. (Williams, Lorenzo) |
Filing 107 ORDER Setting Settlement Conference for 3/1/2022 at 10:00 AM in Jacksonville Courtroom 5C before Magistrate Judge Monte C. Richardson. See Order for details. Signed by Magistrate Judge Monte C. Richardson on 2/9/2022. (ADM) |
Filing 106 SECOND UNOPPOSED MOTION to Continue Trial by City of Crescent, Florida. (Erdelyi, Susan) (Modified on 2/9/2022 to edit docket text) (JDR). |
Filing 105 ORDER referring this matter to the Honorable Monte C. Richardson, United States Magistrate Judge, for a settlement conference. The parties shall jointly contact Judge Richardson's Chambers on or before February 8, 2022, at telephone number (904) 301-6740 with at least three proposed dates for purposes of scheduling a settlement conference. Signed by Judge Brian J. Davis on 2/4/2022. (EL) |
Filing 104 Second MOTION In Limine by Homer DeLoach, Daniel Taylor. (Carson, Matthew) |
Filing 103 MOTION to Bifurcate Liability Phase from Damage Phase at Trial by City of Crescent, Florida, Chad Ward. (Erdelyi, Susan) (Modified on 2/3/2022 to edit docket text) (JDR). |
Filing 102 Amended MOTION In Limine by City of Crescent, Florida, Chad Ward. (Erdelyi, Susan) |
Filing 101 MOTION In Limine by City of Crescent, Florida, Chad Ward. (Erdelyi, Susan) |
Filing 100 JOINT STATUS Report as to how this case shall proceed by Cardell Vance, II. (Williams, Lorenzo) (Modified on 2/2/2022 to edit docket text) (JDR). |
Filing 99 NOTICE OF RESCHEDULING HEARING. The final pretrial conference is now set for Thursday, February 17, 2022 at 10:30 a.m. via video teleconferencing only. See Notice for details. Signed by Judge Brian J. Davis on 1/27/2022. (CKS) |
Filing 98 ORDER granting in part and denying in part #49 Defendant Chad Ward's Motion for Summary Judgment; granting in part and denying in part #51 Defendant Daniel Taylor's Motion for Summary Judgment; granting in part and denying in part #52 Defendant Sheriff Homer Deloach's Motion for Summary Judgment; and granting in part and denying in part #54 Defendant City of Crescent City's Motion for Summary Judgment. See ORDER for details. On or before February 11, 2022, the parties shall file a joint status report as to how this case shall proceed, including whether a magistrate judge settlement conference would be helpful. Signed by Judge Brian J. Davis on 1/11/2022. (CKS) |
Filing 97 THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. The following settings and deadlines shall apply: Pretrial statement due by 2/9/2022; Final Pretrial Conference set for 2/16/2022 at 3:00 PM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set to begin on 2/28/2022 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 1/3/2022. (AMP) |
Filing 96 ENDORSED ORDER: #91 Defendant City of Crescent City's Unopposed Motion to Continue Trial is GRANTED. This case will be removed from the January trial calendar. A new case management and scheduling order will enter. Signed by Judge Brian J. Davis on 12/16/2021. (AMP) |
Case Stayed. (KEM) |
Filing 95 ENDORSED ORDER: The parties' Joint Motion for Two Day Extension to File Pre-Trial Statement #94 is GRANTED. This case is STAYED pending further order from the Court. Signed by Judge Brian J. Davis on 12/15/2021. (AMP) |
Filing 94 Joint MOTION for Extension of Time to File Pre-Trial Statement (Emergency Motion) by City of Crescent, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 93 MOTION In Limine regarding discipline, insurance, other issues by Homer DeLoach, Daniel Taylor. (Carson, Matthew) |
Filing 92 NOTICE by City of Crescent, Florida of Joinder in Motions in Limine (Erdelyi, Susan) |
Filing 91 Unopposed MOTION to Continue Trial by City of Crescent, Florida. (Erdelyi, Susan) |
Filing 90 MOTION In Limine regarding Decedent's Pain and Suffering by Chad Ward. (Bonner, Robert) |
Filing 89 NOTICE of supplemental authority re #54 MOTION for Summary Judgment , #49 MOTION for Summary Judgment , #51 MOTION for Summary Judgment , #52 MOTION for Summary Judgment Plaintiff's Notice of Supplemental Authority in Opposition to the Motions of Defendants' Summary Judgment by Cardell Vance, II. (Williams, Lorenzo) |
Filing 88 NOTICE of Supplemental Authority by Daniel Taylor re #51 MOTION for Summary Judgment (Carson, Matthew) Modified on 10/20/2021 to edit docket text (KEM). |
Filing 87 NOTICE of Supplemental Authority by Chad Ward re #49 MOTION for Summary Judgment (Bonner, Robert) Modified on 10/20/2021 to edit docket text (KEM). |
Filing 86 CONSENT DECREE by Cardell Vance, II. (Williams, Lorenzo) |
Filing 85 RESPONSE in Opposition re #82 MOTION In Limine regarding Drug Use, Abuse, Sales or Purchases by Chad Ward Plaintiff's Response in Opposition to Motion in Limine of Defendant, Chad Ward, Regarding Accusations of Drug Use, Abuse, Sales, or Purchases by Chad Ward (DE-82) and Incorporated Memorandum of Law filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 84 RESPONSE to Motion re #81 MOTION In Limine regarding Arrest Record of Chad Ward Plaintiff's Response in Opposition to Motion in Limine of Defendant, Chad Ward, Regarding Arrest Record of Chad Ward (DE-81) and Incorporated Memorandum of Law filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 83 MOTION In Limine regarding REGARDING DEFENDANT'S FAILURE TO EXPRESS REGRETS OR ATTEND DECEDENT'S FUNERAL by Chad Ward. (Bonner, Robert) |
Filing 82 MOTION In Limine regarding Drug Use, Abuse, Sales or Purchases by Chad Ward by Chad Ward. (Attachments: #1 Exhibit Exhibit A - Deposition of Chad Ward, #2 Exhibit Exhibit B - Deposition of Daniel Taylor, #3 Exhibit Exhibit C - Deposition of Patrick Kennedy, #4 Exhibit Exhibit D - Chad Ward Drug Test Results)(Bonner, Robert) |
Filing 81 MOTION In Limine regarding Arrest Record of Chad Ward by Chad Ward. (Attachments: #1 Exhibit Exhibit A - Deposition of Walter Chad Ward, #2 Exhibit Exhibit B - Ward Not Guilty Verdict)(Bonner, Robert) |
Filing 80 REPLY to Response to Motion re #49 MOTION for Summary Judgment filed by City of Crescent, Florida. (Erdelyi, Susan) |
Filing 79 REPLY to Response to Motion re #52 MOTION for Summary Judgment filed by Homer DeLoach. (Carson, Matthew) |
Filing 78 REPLY to Response to Motion re #51 MOTION for Summary Judgment filed by Daniel Taylor. (Carson, Matthew) |
Filing 77 ENDORSED ORDER granting #76 Defendant's Motion for One Day Extension of Time to File Reply. City of Crescent City's reply is due July 21, 2021. Signed by Magistrate Judge Monte C. Richardson on 7/20/2021. (ADM) |
Filing 76 MOTION for Extension of Time to File Response/Reply by City of Crescent, Florida. (Erdelyi, Susan) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 75 NOTICE by City of Crescent, Florida of Filing Supplement to Exhibit 49-1 (Erdelyi, Susan) |
Filing 74 REPLY to Response to Motion re #49 MOTION for Summary Judgment (Corrected Reply) filed by Chad Ward. (Bonner, Robert) |
Filing 73 REPLY to Response to Motion re #49 MOTION for Summary Judgment filed by Chad Ward. (Bonner, Robert) |
Filing 72 NOTICE by Cardell Vance, II re #59 Notice (Other) Redacted Exhibit 59-6 (Williams, Lorenzo) |
Filing 71 NOTICE by Cardell Vance, II re #58 Notice (Other) Redacted Exhibit 58-5 (Williams, Lorenzo) |
Filing 70 NOTICE by Cardell Vance, II re #57 Notice (Other) Redacted Exhibit 57-13 (Williams, Lorenzo) |
Filing 69 NOTICE by Cardell Vance, II re #48 Notice (Other) PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO THE MOTION OF DEFENDANTS CHAD WARD AND CITY OF CRESCENT, FLORIDA, TO EXCLUDE EXPERT OPINION TESTIMONY OF DR. ROY TAYLOR (Williams, Lorenzo) |
Filing 68 RESPONSE in Opposition re #47 MOTION In Limine regarding Daubert Motion to Exclude Expert Opinion Testimony of Dr. Roy Taylor PLAINTIFF'S MEMORANDUM OF POINTS AND AUTHORITIES IN OPPOSITION TO THE MOTION OF DEFENDANTS CHAD WARD AND CITY OF CRESCENT, FLORIDA TO EXCLUDE EXPERT OPINION TESTIMONY OF DR. ROY TAYLOR filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 67 RESPONSE in Opposition re #53 MOTION In Limine regarding Daubert Motion to Exclude Plaintiff's Expert Witness Roy Taylor PLAINTIFF'S MEMORANDUM TO THE MOTION OF DEFENDANTS DELOACH AND TAYLOR TO EXCLUDE EXPERT OPINION TESTIMONY OF DR. ROY TAYLOROF POINTS AND AUTHORITIES IN OPPOSITION filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 66 RESPONSE in Opposition re #49 MOTION for Summary Judgment PLAINTIFF'S OPPOSITION TO THE MOTION OF DEFENDANT CHAD WARD, FOR SUMMARY JUDGMENT STATEMENT OF MATERIAL FACTS AND MEMORANDUM OF LAW filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 65 RESPONSE in Opposition re #51 MOTION for Summary Judgment PLAINTIFF'S OPPOSITION TO THE MOTION OF DEFENDANT DANIEL TAYLOR FOR SUMMARY JUDGMENT STATEMENT OF MATERIAL FACTS AND MEMORANDUM OF LAW filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 64 RESPONSE in Opposition re #52 MOTION for Summary Judgment PLAINTIFF'S OPPOSITION TO THE MOTION OF DEFENDANT, SHERIFF HOME DELOACH FOR SUMMARY JUDGMENT STATEMENT OF MATERIAL FACTS AND MEMORANDUM OF LAW filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 63 RESPONSE in Opposition re #54 MOTION for Summary Judgment PLAINTIFF'S OPPOSITION TO THE MOTION OF DEFENDANT CITY OF CRESCENT FOR SUMMARY JUDGMENT, STATEMENT OF MATERIAL FACTS AND MEMORANDUM OF LAW filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 62 RESPONSE re #49 MOTION for Summary Judgment Plaintiff's Memorandum of Points and Authorities in Opposition to the Motion of Defendants' Chad Ward and City of Crescent City to Exclude Expert Testimony of Dr. Roy Taylor by Cardell Vance, II. (Williams, Lorenzo) |
Filing 61 NOTICE by Cardell Vance, II re #54 MOTION for Summary Judgment , #49 MOTION for Summary Judgment , #51 MOTION for Summary Judgment , #52 MOTION for Summary Judgment (Attachments: #1 Exhibit Deposition Transcript of Oscar Rogers)(Williams, Lorenzo) |
Filing 60 NOTICE by Cardell Vance, II re #54 MOTION for Summary Judgment , #49 MOTION for Summary Judgment , #51 MOTION for Summary Judgment , #52 MOTION for Summary Judgment (Attachments: #1 Exhibit Deposition Transcript of Roy Taylor PhD)(Williams, Lorenzo) |
Filing 59 NOTICE by Cardell Vance, II re #54 MOTION for Summary Judgment , #52 MOTION for Summary Judgment , #49 MOTION for Summary Judgment , #51 MOTION for Summary Judgment (Attachments: #1 Exhibit Deposition Transcript of Daniel Taylor, #2 Exhibit Putnam County Sheriff's Office Call History, #3 Exhibit Putnam County Sheriff's Office Call History, #4 Exhibit Office of the State Attorney Letter, #5 Exhibit Putnam County Sheriff's Office Administrative Investigation, #6 Exhibit FDLE Report)(Williams, Lorenzo) Modified on 7/7/2021 - Counsel notified of redaction responsibilities (KEM). |
Filing 58 NOTICE by Cardell Vance, II re #54 MOTION for Summary Judgment , #52 MOTION for Summary Judgment , #49 MOTION for Summary Judgment , #51 MOTION for Summary Judgment (Attachments: #1 Exhibit Deposition Transcript of Patrick Kennedy, #2 Exhibit FDLE Profile Sheet, #3 Exhibit FDLE Report of Chad Ward, #4 Exhibit City of Crescent City Taser Training, #5 Exhibit FDLE Report, #6 Exhibit Putnam County Sheriffs Office Administrative Investigation, #7 Exhibit City of Crescent City Application Chad Ward, #8 Exhibit Record Search Chad Ward, #9 Exhibit City of Crescent City Memorandum, #10 Exhibit Report, #11 Exhibit Memorandum, #12 Exhibit Incident Report of Chad Ward, #13 Exhibit Criminal Justice Standards)(Williams, Lorenzo) Modified on 7/7/2021 - Counsel notified of redaction responsibilities (KEM). |
Filing 57 NOTICE of Filing Exhibits to Plaintiff's Rule 56.1 Statement of Disputed Facts in Opposition re #54 MOTION for Summary Judgment, #52 MOTION for Summary Judgment, #49 MOTION for Summary Judgment, #51 MOTION for Summary Judgment by Cardell Vance, II (Attachments: #1 Exhibit Deposition Transcript of Chad Ward, #2 Exhibit Conduct Review, #3 Exhibit Putnam County Sheriff's Office Letter dated 2/2/2021, #4 Exhibit Emails, #5 Exhibit Investigative Notice, #6 Exhibit Internal Investigation Letter, #7 Exhibit Putnam County Assessment Letter, #8 Exhibit Criminal Justice Standards, #9 Exhibit City of Crescent City Taser Training, #10 Exhibit Shift Calendar, #11 Exhibit Exam, #12 Exhibit City of Crescent City Memorandum, #13 Exhibit FDLE Investigation Summary, #14 Exhibit Photos Decedent, #15 Exhibit Photos Scene)(Williams, Lorenzo) Modified on 7/7/2021 to edit docket text (KEM). Modified on 7/7/2021 - Counsel notified of redaction responsibilities (KEM). |
Filing 56 ENDORSED ORDER granting #55 Unopposed Motion for Extension of Time. On or before July 6, 2021, Plaintiff shall respond to Defendants' Motions for Summary Judgment, Motions in Limine, and Daubert Motions. Signed by Magistrate Judge Monte C. Richardson on 6/11/2021. (ADM) |
Filing 55 Unopposed MOTION for Extension of Time to File Response/Reply as to #53 MOTION In Limine regarding Daubert Motion to Exclude Plaintiff's Expert Witness Roy Taylor, #54 MOTION for Summary Judgment , #47 MOTION In Limine regarding Daubert Motion to Exclude Expert Opinion Testimony of Dr. Roy Taylor, #49 MOTION for Summary Judgment , #51 MOTION for Summary Judgment , #52 MOTION for Summary Judgment Plaintiffs Unopposed Motion for Extension of Time to File a Response in Opposition to Defendants' Motions' for Summary Judgment, Motions' in Limine and Daubert Motions by Cardell Vance, II. (Williams, Lorenzo) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 54 MOTION for Summary Judgment by City of Crescent, Florida. (Attachments: #1 Affidavit Patrick Kennedy Declaration, #2 Exhibit 911 Call audio, #3 Exhibit City's Use of Force Policy, #4 Affidavit FDLE Baker Affidavit)(Erdelyi, Susan) |
Filing 53 MOTION In Limine regarding Daubert Motion to Exclude Plaintiff's Expert Witness Roy Taylor by Homer DeLoach, Daniel Taylor. (Carson, Matthew) |
Filing 52 MOTION for Summary Judgment by Homer DeLoach. (Carson, Matthew) |
Filing 51 MOTION for Summary Judgment by Daniel Taylor. (Carson, Matthew) |
Filing 50 NOTICE by Homer DeLoach, Daniel Taylor of Filing Exhibits in Support of Motion for Summary Judgment (Attachments: #1 Exhibit Transcript (excerpts) of deposition of Lt. Daniel Taylor, #2 Exhibit Transcript (excerpts) of deposition of Officer Chad Ward, #3 Exhibit Offense Report, PCSO17OFF003296, #4 Exhibit Call History Record, PCSO17CAD033410, #5 Exhibit Transcript (excerpts) of FDLE Interview of Lt. Daniel Taylor, #6 Exhibit Transcript (excerpts) of FDLE Interview of Officer Chad Ward, #7 Exhibit FDLE Crime Scene Photos (selected), Case Number: JA-27-0075, #8 Exhibit FDLE Investigative Summary, Case Number: JA-27-0075, #9 Exhibit Medical Examiner Report, ME# 17-23-253, #10 Exhibit Transcript (excerpts) of FDLE Interview of Keara T. Oliver, #11 Exhibit Transcript (excerpts) of FDLE Interview of Oscar Rogers)(Carson, Matthew) |
Filing 49 MOTION for Summary Judgment by Chad Ward. (Attachments: #1 Exhibit Statement of Oscar Rogers, #2 Exhibit Statement of Walter Chad Ward, #3 Exhibit Affidavit of Walter Chad Ward, #4 Exhibit Statement of Keara Oliver, #5 Exhibit Statement of Lt. Daniel Taylor, #6 Exhibit Deposition of Dr. Roy Taylor)(Bonner, Robert) |
Filing 48 NOTICE by City of Crescent, Florida of Joinder in Daubert Motion to Exclude Expert Opinion Filed by Chad Ward (Erdelyi, Susan) |
Filing 47 MOTION In Limine regarding Daubert Motion to Exclude Expert Opinion Testimony of Dr. Roy Taylor by Chad Ward. (Attachments: #1 Exhibit Report of Dr. Roy Taylor, #2 Exhibit Deposition of Dr. Roy Taylor)(Bonner, Robert) |
Filing 46 MEDIATION report Hearing held on 5/24/2021. Hearing outcome: Impasse. (KEM) |
Filing 45 ENDORSED ORDER granting #44 Unopposed Motion to Extend Mediation Deadline. The mediation deadline is extended to May 26, 2021. All other terms and deadlines in #39 Second Amended Case Management and Scheduling Order, as amended by 41, shall remain intact. Signed by Magistrate Judge Monte C. Richardson on 5/3/2021. (ADM) |
Filing 44 Unopposed MOTION for Extension of Time to Complete Discovery Unopposed Motion to Extend Deadline for Mediation by (14) days by Cardell Vance, II. (Williams, Lorenzo) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 43 ENDORSED ORDER granting #42 Unopposed Motion to Appear Pro Hac Vice. If Eric J. Hertz has not already done so, he shall immediately register for a login and password for electronic filing at the Court's website at www.flmd.uscourts.gov. Counsel is advised that any future filings must comply with the new Local Rules of the Middle District of Florida, including the typography requirements in Local Rule 1.08. Signed by Magistrate Judge Monte C. Richardson on 4/13/2021. (ADM) |
Filing 42 Unopposed MOTION for Eric J. Hertz to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18121268 for $150 by Cardell Vance, II. (Williams, Lorenzo) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 41 ENDORSED ORDER granting #40 Defendants' Unopposed Motion to Extend Deadline to Disclose Expert Reports. Defendants' expert disclosure deadline is extended to March 26, 2021. All other terms and deadlines in #39 Second Amended Case Management and Scheduling Order shall remain intact. Signed by Magistrate Judge Monte C. Richardson on 2/23/2021. (ADM) |
Filing 40 Unopposed MOTION for Extension of Time to File Deadline to Disclose Expert Reports by CITY OF CRESCENT, FLORIDA, HOMER DELOACH, DANIEL TAYLOR, CHAD WARD. (Carson, Matthew) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 39 SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. The following deadlines and settings now apply: Conduct mediation hearing by 5/12/2021; Discovery due by 5/19/2021; Dispositive motions due by 6/1/2021; Pretrial statement due by 12/15/2021; Final Pretrial Conference set for 12/22/2021 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 1/3/2022 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 1/15/2021. (AMP) |
Filing 38 ENDORSED ORDER: #37 The Second Unopposed Motion to Extend/Amend Deadlines by Ninety Days is GRANTED. A second amended case management and scheduling order will enter. Signed by Judge Brian J. Davis on 12/11/2020. (AMP) |
Filing 37 Second Unopposed MOTION for Extension of Time to Amend re #27 Case management and scheduling order Second Unopposed Motion to Extend/Amend Deadlines by Ninety (90) Days by Cardell Vance, II. (Attachments: #1 Main Document Second Proposed Case Management Report, #2 Text of Proposed Order Proposed Order)(Williams, Lorenzo) Motions referred to Magistrate Judge Monte C. Richardson. Modified docket text on 12/10/2020 (KEM). |
Filing 36 ANSWER and affirmative defenses with Jury Demand to #31 Amended Complaint by DANIEL TAYLOR.(Carson, Matthew) |
Filing 35 ANSWER and affirmative defenses with Jury Demand to #31 Amended Complaint by HOMER DELOACH.(Carson, Matthew) |
Filing 34 ANSWER and affirmative defenses to #31 Amended Complaint by CITY OF CRESCENT, FLORIDA.(Erdelyi, Susan) |
Filing 33 Amended ANSWER and affirmative defenses to Complaint with Jury Demand by CHAD WARD.(Bonner, Robert) |
Filing 32 ANSWER and affirmative defenses with Jury Demand to #31 Amended Complaint by CHAD WARD.(Bonner, Robert) |
Filing 31 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Cardell Vance, II. Related document: #5 Complaint.(Williams, Lorenzo) |
Filing 30 ENDORSED ORDER: Plaintiff's Unopposed Motion for Extension of Time to File Amended Complaint #29 is GRANTED. Plaintiff shall have until August 20, 2020, to file an Amended Complaint. Signed by Judge Brian J. Davis on 8/7/2020. (AMP) |
Filing 29 Unopposed MOTION for Extension of Time to Amend re #1 Complaint by Cardell Vance, II. (Williams, Lorenzo) (Modified relationship of docket number on 8/7/2020) (KEM). Modified on 8/7/2020: Counsel's office contacted regarding putting the full case number at the top of the pleadings filed. (KEM). |
Filing 28 ORDER GRANTING IN PART and DENYING IN PART #11 The City's Motion to Dismiss or, in the Alternative, Motion for More Definite Statement. Within 14 days of the filing of this Order, Plaintiff is DIRECTED to file an amended complaint consistent with this Order, the Federal Rules of Civil Procedure and the Local Rules. Signed by Judge Brian J. Davis on 7/23/2020. (AMP) |
Filing 27 AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. The following settings and deadlines now apply: Conduct mediation hearing by 2/12/2021; Discovery due by 2/19/2021; Dispositive motions due by 3/1/2021; Pretrial statement due by 9/15/2021; Final Pretrial Conference set for 9/22/2021 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 10/4/2021 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 5/5/2020. (AMP) |
Filing 26 ENDORSED ORDER: #25 Unopposed Motion to Extend Deadlines by Ninety Days is GRANTED. An amended case management and scheduling order will enter. Signed by Judge Brian J. Davis on 4/29/2020. (AMP) |
Filing 25 Unopposed MOTION to Modify #23 Case management and scheduling order Unopposed Motion to Extend Deadlines by Ninety Days by Cardell Vance, II. (Attachments: #1 Exhibit Proposed Amended Case Management Report, #2 Text of Proposed Order Proposed Order Revising Case Management Report)(Williams, Lorenzo) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 24 CASE REFERRED to Mediation. (PAM) |
Filing 23 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 8/31/2020; Conduct mediation hearing by 9/14/2020; Dispositive motions due by 9/28/2020; Pretrial statement due by 2/10/2021; Final Pretrial Conference set for 2/17/2021 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 3/1/2021 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 10/8/2019. (Attachments: #1 Mediation Report Form, #2 Docket Sheets)(AMP) |
Filing 22 CASE MANAGEMENT REPORT. (Williams, Lorenzo) |
Filing 21 RESPONSE in Opposition re #11 MOTION to dismiss for failure to state a claim Plaintiff's Response in Opposition to Defendant's City of Crescent City's Motion to Dismiss Plaintiff's Complaint or in the Alternative Motion for a more Definite Statement filed by Cardell Vance, II. (Williams, Lorenzo) |
Filing 20 ENDORSED ORDER: #16 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant's Motion to Dismiss is GRANTED. Plaintiff's response shall be filed no later than October 3, 2019. Signed by Judge Brian J. Davis on 9/27/2019. (AMP) Modified on 9/30/2019 to edit text (PAM). |
Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by CITY OF CRESCENT, FLORIDA, CHAD WARD. (Erdelyi, Susan) Modified on 9/30/2019 to edit text (PAM). |
Filing 18 CERTIFICATE of interested persons and corporate disclosure statement by HOMER DELOACH, DANIEL TAYLOR. (Carson, Matthew) Modified on 9/30/2019 (PAM). Counsel notified to use entire case number on future pleadings. |
Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by Cardell Vance, II. (Williams, Lorenzo) Modified on 9/27/2019 to edit text (PAM). Counsel notified to use entire case number on future pleadings |
Filing 16 UNOPPOSED MOTION for Extension of Time to File Response as to #11 MOTION to dismiss for failure to state a claim by Cardell Vance, II. (Williams, Lorenzo) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 9/27/2019 to edit text (PAM). Counsel notified to use entire case number on future pleadings |
Filing 15 ENDORSED ORDER granting #14 Motion to Substitute Attorney. Attorney Susan S. Erdelyi is relieved of any further responsibility as counsel for Defendant Chad Ward in this matter, but she shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. Signed by Magistrate Judge Monte C. Richardson on 9/24/2019. (ADM) |
Filing 14 UNOPPOSED MOTION to Substitute Attorney by CHAD WARD. (Bonner, Robert) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 9/23/2019 to edit text (PAM). Counsel notified to use entire case number on future pleadings |
Filing 13 ANSWER and affirmative defenses to #5 Complaint with Jury Demand by CHAD WARD.(Bonner, Robert) Modified on 9/12/2019 (PAM). Counsel notified to use entire case number on future pleadings. |
Filing 12 NOTICE of Appearance by Robert E. Bonner on behalf of CHAD WARD (Bonner, Robert) Modified on 9/11/2019 (PAM). Counsel notified to use entire case number on future pleadings |
Filing 11 MOTION to dismiss for failure to state a claim by CITY OF CRESCENT, FLORIDA. (Erdelyi, Susan) |
Filing 10 ENDORSED ORDER granting #9 Motion for Extension of Time. Defendants, City of Crescent, Florida and Chad Ward, shall respond to the Complaint on or before September 10, 2019. Signed by Magistrate Judge Monte C. Richardson on 9/5/2019. (ADM) |
Filing 9 MOTION for Extension of Time to File Response/Reply as to #5 Complaint , MOTION for Extension of Time to File Response to Complaint by CITY OF CRESCENT, FLORIDA. (Erdelyi, Susan) Motions referred to Magistrate Judge Monte C. Richardson. |
Filing 8 ANSWER and affirmative defenses to #5 Complaint with Jury Demand by DANIEL TAYLOR.(Carson, Matthew) |
Filing 7 ANSWER and affirmative defenses to #5 Complaint with Jury Demand by HOMER DELOACH.(Carson, Matthew) |
Filing 6 NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 8/29/2019. (Attachments: #1 Case Management Report Form, #2 Consent Letter and Form)(CKS) |
Filing 5 COMPLAINT against All Defendants with Jury Demand filed by Cardell Vance, II.(Spellman, Michael) Modified on 8/27/2019 to edit text and filer (PAM). |
Filing 4 NOTICE by CITY OF CRESCENT, FLORIDA, CHAD WARD of Consent to Removal (Erdelyi, Susan) |
Filing 3 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Monte C. Richardson. New case number: 3:19-cv-999-J-39MCR. (SJB) |
Filing 2 NOTICE of Civil Cover Sheet by HOMER DELOACH, DANIEL TAYLOR re #1 Notice of Removal (Spellman, Michael) Modified on 8/27/2019 to edit text (PAM). |
Filing 1 COMPLAINT and NOTICE OF REMOVAL from In the Circuit Court of the Seventh Judicial Circuit in and for Putnam County, Florida, case number 2019 CA 000246 filed in State Court on July 7, 2019. Filing fee $ 400, receipt number 113A-15848136 filed by DANIEL TAYLOR, HOMER DELOACH. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Spellman, Michael) |
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