Hayes v. Corizon et al
| THOMAS RAY HAYES |
| Centurion of Florida, Corizon Health Inc, RODOLPHE LAFONTANT, ERNESTO L TOLEDO-ALVERIO, Mark S Inch, Elliot Perez-Lugo, Doe, E. L. Toledo, Julie L. Jones, VICTORAL LOVE, Daniel Cherry and Woodrow A Myers, Jr. |
| 3:2020cv01201 |
| October 23, 2020 |
| US District Court for the Middle District of Florida |
| Jacksonville Office |
| Harvey E Schlesinger |
| Joel B Toomey |
| Prisoner Civil Rights (Prison Condition) |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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| Filing 162 NOTICE of inquiry by THOMAS RAY HAYES re #158 Order (KEM) |
Filing 161
ORDER striking #160 Defendant Centurion of Florida, LLC's Answer to Amended Complaint and Affirmative Defenses. Signed by Magistrate Judge Joel B. Toomey on 11/4/2020. (CAW)
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| Filing 160 ANSWER and affirmative defenses with Jury Demand to #102 Amended Complaint by Centurion of Florida.(Hanson, Jacob) Stricken per #161 Order. Modified on 11/5/2020 (KEM). |
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Filing 159
ORDER granting #157 Attorney Eliot B. Peace's Motion to Withdraw; directions to the Clerk. Signed by Magistrate Judge Joel B. Toomey on 10/29/2020. (CAW)
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Filing 158
ORDER referring this case to the Jacksonville Division Civil Pro Bono Appointment Program as set forth in the Order; The case is stayed pending the appointment of counsel; SEE ORDER FOR FURTHER DETAILS. Signed by Senior Judge Harvey E. Schlesinger on 10/27/2020. (MGG)
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| Filing 157 MOTION for Eliot B. Peace to Withdraw as Attorney by Centurion of Florida. (Peace, Eliot) |
| Filing 156 NOTICE of designation under Local Rule 3.05 - Track 1 (MGG) |
| Filing 155 TRANSFER IN from the Southern District of Florida. Case assigned to District Judge Harvey E. Schlesinger and Magistrate Judge Joel B. Toomey. New Case Number: 3:20-cv-1201-J-20JBT. (KEM) |
| Filing 154 Case transferred in from District of Florida Northern; Case Number 4:19-cv-00097. File received electronically |
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Filing 153
ORDER ACCEPTING REPORT AND RECOMMENDATION. The report and recommendation is accepted and adopted as this Court's opinion. Defendants' motions to dismiss, ECF Nos. #116 and #119, are DENIED. The Clerk is directed to terminate ECF No. #109.1 This case is transferred to the United States District Court for the Middle District of Florida. The Clerk shall take all steps necessary to effect the transfer and close the file. Signed by CHIEF JUDGE MARK E WALKER on 10/22/20. (blb) [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #150 REPORT AND RECOMMENDATION. Objections to R&R Deadline expired. None filed. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 152 NOTICE of Appearance by JACOB BRANDON HANSON on behalf of CENTURION OF FLORIDA (HANSON, JACOB) [Transferred from flnd on 10/23/2020.] |
| Filing 151 Filing fee: $ 193.30, receipt number DOC T100620. Fee status updated to paid. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 150 REPORT AND RECOMMENDATION. That the motions to dismiss filed by Defendants Corizon and Centurion (ECF Nos. #116, #119) be DENIED. That this case be TRANSFERRED to the United States District Court for the Middle District of Florida. - R&R flag set ( Internal deadline for referral to district judge if objections are not filed earlier: 10/20/2020.) Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 09/22/2020. (alb) [Transferred from flnd on 10/23/2020.] |
| Filing 149 CLERK'S JUDGMENT pursuant to #148 AMENDED ORDER OF DISMISSAL AS TO DEFENDANTS JULIE L. JONES, MARK S. INCH, and the FLORIDA DEPARTMENT OF CORRECTIONS. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 148
AMENDED ORDER OF DISMISSAL AS TO DEFENDANTS JULIE L. JONES, MARK S. INCH, and the FLORIDA DEPARTMENT OF CORRECTIONS. This Court has considered, without hearing, Plaintiff's Notice of Voluntary Dismissal with Prejudice Defendants Inch, Jones, and FDC. ECF No. #145. This Court has construed the notice as a motion to dismiss. The motion is GRANTED. Accordingly, The Clerk shall enter judgment stating, "Plaintiffs Amended Complaint, ECF No. #102, is hereby DISMISSED with prejudice as to Defendants Mark S. Inch as Secretary, Florida Department of Corrections, Julie L. Jones as Secretary, Florida Department of Corrections, and the Florida Department of Corrections, pursuant to Federal Rule of Civil Procedure 41. Each party shall bear its own attorney's fees and costs. The remaining claims of Plaintiff shall remain in full force and effect against Defendants Corizon Health, Inc. and Centurion of Florida." Signed by CHIEF JUDGE MARK E WALKER on 9/15/20. (blb) [Transferred from flnd on 10/23/2020.]
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| Filing 147 CLERK'S JUDGMENT pursuant to #146 Order. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 146
ORDER OF DISMISSAL AS TO DEFENDANT MARK S. INCH, SECRETARY, FLORIDA DEPARTMENT OF CORRECTIONS. This Court has considered, without hearing, Plaintiff's Notice of Voluntary Dismissal with Prejudice Defendants Inch, Jones, and FDC. ECF No. #145. This Court has construed the notice as a motion to dismiss. The motion is GRANTED. Accordingly, IT IS ORDERED: The Clerk shall enter judgment stating, "Plaintiff's Amended Complaint, ECF No. #102, is hereby DISMISSED with prejudice as to Defendant Mark S. inch, Secretary, Florida Department of Corrections pursuant to Federal Rule of Civil Procedure 41. Each party shall bear its own attorneys fees and costs. The remaining claims of Plaintiff shall remain in full force and effect against Defendants Corizon Health, Inc. and Centurion of Florida." Signed by CHIEF JUDGE MARK E WALKER on 9/15/20. (blb) [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #145 Notice of Voluntary Dismissalwith Prejudice Defendants Inch, Jones and FDC. (alb) [Transferred from flnd on 10/23/2020.] |
| Filing 145 NOTICE of Voluntary Dismissal with Prejudice, Defendants Inch, Jones and FDOC, by THOMAS RAY HAYES. (alb) [Transferred from flnd on 10/23/2020.] |
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Filing 144
CASE MANAGEMENT AND SCHEDULING ORDER : The due date of any requested discovery must be no later than December 3, 2020. Motions for summary judgment must be filed as promptly as possible,unless otherwise permitted by court order, not later than 21 days after the close of discovery. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 09/03/2020. Discovery due by 12/3/2020. Dispositive Motions to be filed by 12/24/2020. (alb) [Transferred from flnd on 10/23/2020.]
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Filing 142
ORDER. Plaintiff's Motion to Clarify (ECF No. #141) is GRANTED TO THE EXTENT THAT this order clarifies the courts order of August 14, 2020 (ECF No. #138). The clerk is directed to docket Plaintiff's "Response to Defendant's Reply Memorandum in Support of Their Motion to Dismiss" (ECF No. #132-1) as a separate filing instead of an attachment to Plaintiffs Notice of Filing (ECF No. #132). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 09/03/2020. (alb) [Transferred from flnd on 10/23/2020.]
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| MOTIONS REFERRED to Magistrate Judge re #141 Motion to Clarify. Referred to ELIZABETH M TIMOTHY. (alb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #141 MOTION to Clarify re #138 Order on Motion to Stay.(alb) [Transferred from flnd on 10/23/2020.] |
| Filing 141 MOTION to Clarify re #138 Order on Motion to Stay, by THOMAS RAY HAYES. (alb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #138 Order. (no response filed by Pla) (sdw) [Transferred from flnd on 10/23/2020.] |
| Filing 140 NOTICE of Compliance with Order by JULIE L JONES (JOHNSON, ANTHONY) [Transferred from flnd on 10/23/2020.] |
| Filing 139 NOTICE of Compliance by CENTURION OF FLORIDA re #138 Order on Motion to Stay,,,,, (PEACE, ELIOT) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #140 NOTICE of Compliance with Order. (sdw) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #139 NOTICE of Compliance. (sdw) [Transferred from flnd on 10/23/2020.] |
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Filing 138
ORDER. Plaintiff's first Motion to Stay (ECF No. #130) is GRANTED ONLY TO THE EXTENT THAT the deadline for Plaintiff to file a response to Defendant Corizon's reply is extended to August 28, 2020. On or before August 28, 2020, Defendants Jones and Centurion must notify the court of the status of settlement and, if no settlement has been reached, state whether a settlement conference would be helpful. Plaintiff second Motion to Stay (ECF No. #136) is DENIED as moot. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 8/14/2020. (mb) [Transferred from flnd on 10/23/2020.]
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| Filing 137 RESPONSE to Motion re #136 MOTION to Stay filed by CORIZON HEALTH INC. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #137 Response to Motion. (sdw) [Transferred from flnd on 10/23/2020.] |
| Set Deadlines re #138 ORDER. (Replies due by 8/28/2020). (mb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #136 MOTION to Stay Proceedings. Referred to ELIZABETH M TIMOTHY. (sdw) [Transferred from flnd on 10/23/2020.] |
| Filing 136 MOTION to Stay Proceedings by THOMAS RAY HAYES. (sdw) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #135 NOTICE of Settlement with Defendant Jones. (sdw) [Transferred from flnd on 10/23/2020.] |
| Filing 135 NOTICE of Settlement with Defendant Jones by THOMAS RAY HAYES. (sdw) [Transferred from flnd on 10/23/2020.] |
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Filing 134
ORDER granting #131 Motion for Leave to File Response. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 07/01/2020. (sdw) [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #133 Response. (sdw) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #130 MOTION to Stay Ruling on #116 MOTION TO DISMISS, #131 MOTION for Leave to File RESPONSE, #132 Notice of Fling Response. Referred to ELIZABETH M TIMOTHY. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 133 RESPONSE by THOMAS RAY HAYES re #119 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Exhaust Administrative Remedies and Incorporated Memorandum of Law. (sdw) (Main Document 133 replaced on 6/30/2020) (dac). [Transferred from flnd on 10/23/2020.] |
| Filing 143 RESPONSE to Defendant's Reply Memorandum in Support of Their Motion to Dismiss, by THOMAS RAY HAYES. (Docketed as per #142 Order.) (alb) [Transferred from flnd on 10/23/2020.] |
| Filing 132 NOTICE OF FILING by THOMAS RAY HAYES (Attachments: #1 RESPONSE TO DEFENDANT'S REPLY MEMORANDUM IN SUPPORT OF THEIR MOTION TO DISMISS) (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 131 MOTION for Leave to File RESPONSE TO DEFENDANT'S REPLY MEMORANDUM by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 130 MOTION to Stay PROCEEDINGS RULING ON #116 MOTION TO DISMISS BY DEFENDANT CORIZON by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 129 Partial Filing fee: $ 145.00, receipt number DOC T062320 bal 193.30 (blb). [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #128 Response (Titled: Objection). (sdw) [Transferred from flnd on 10/23/2020.] |
| Filing 128 RESPONSE (Titled: Objection) by THOMAS RAY HAYES re #124 MOTION for Leave to File to File a Reply Memorandum in Support of its Motion to Dismiss. (sdw) [Transferred from flnd on 10/23/2020.] |
| Filing 127 REPLY to Response to Motion re #116 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by CORIZON HEALTH INC. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| Filing 126 NOTICE of Filing by CORIZON HEALTH INC (Attachments: #1 February 1, 2019 Ltr to the Plaintiff) (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #126 Notice of Filing, #127 Reply to Response to Motion. (sdw) [Transferred from flnd on 10/23/2020.] |
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Filing 125
ORDER granting #124 Motion for Leave to File a Reply Memorandum in Support of its Motion to Dismiss. On or before JUNE 15, 2020, Defendant Corizon may file a reply memorandum limited to five (5) pages. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 06/08/2020. (sdw) [Transferred from flnd on 10/23/2020.]
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| Set Deadlines re #125 Order. Reply due by 6/15/2020. (sdw) [Transferred from flnd on 10/23/2020.] |
| Filing 124 MOTION for Leave to File to File a Reply Memorandum in Support of its Motion to Dismiss by CORIZON HEALTH INC. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #124 MOTION for Leave to File to File a Reply Memorandum in Support of its Motion to Dismiss. Referred to ELIZABETH M TIMOTHY. (sdw) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #123 Response. (sdw) [Transferred from flnd on 10/23/2020.] |
| Filing 123 RESPONSE by THOMAS RAY HAYES re #116 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. (sdw) [Transferred from flnd on 10/23/2020.] |
| Set Deadlines re #122 Order. (Response to motions to dismiss due by 6/30/2020.) (sdw) [Transferred from flnd on 10/23/2020.] |
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Filing 122
ORDER granting #120 Motion for Enlargement of Time. The deadline for Plaintiff to file a response to the motions to dismiss filed by Defendants Corizon and Centurion is extended to JUNE 30, 2020. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 05/20/2020. (sdw) [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #121 Response to Motion. (sdw) [Transferred from flnd on 10/23/2020.] |
| Filing 121 RESPONSE to Motion re #120 MOTION to Extend Time filed by CENTURION OF FLORIDA. (PEACE, ELIOT) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #120 MOTION for Enlargement of Time. Referred to ELIZABETH M TIMOTHY. (sdw) [Transferred from flnd on 10/23/2020.] |
| Filing 120 MOTION for Enlargement of Time by THOMAS RAY HAYES. (sdw) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #119 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Exhaust Administrative Remedies and Incorporated Memorandum of Law. Referred to ELIZABETH M TIMOTHY. (sdw) [Transferred from flnd on 10/23/2020.] |
| Filing 119 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM and Failure to Exhaust Administrative Remedies and Incorporated Memorandum of Law by CENTURION OF FLORIDA. Motions referred to ELIZABETH M TIMOTHY. (PEACE, ELIOT) [Transferred from flnd on 10/23/2020.] |
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Filing 118
ORDER. Within THIRTY (30) DAYS from the date of the docketing of this order, Plaintiff must file a response to Defendant Corizon Health, Inc.'s motion to dismiss (ECF No. #116). (Response due by 6/1/2020.) Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 04/30/2020. (sdw) [Transferred from flnd on 10/23/2020.]
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Filing 117
ORDER denying as moot #112 Motion for Enlargement of Time. The court received Plaintiff's response to Defendant Jones' motion to dismiss on April 20, 2020 (see ECF No. #113). Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 04/30/2020. (sdw) [Transferred from flnd on 10/23/2020.]
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| Filing 116 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CORIZON HEALTH INC. Motions referred to ELIZABETH M TIMOTHY. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #116 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Referred to ELIZABETH M TIMOTHY. (sdw) [Transferred from flnd on 10/23/2020.] |
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Filing 115
ORDER. The clerk is directed to randomly reassign this case to one of the other United States Magistrate Judges in this district, refer pending motions to the newly assigned Magistrate Judge, and change the docket to reflect the reassignment. Signed by MAGISTRATE JUDGE HOPE T CANNON on 04/23/2020. (sdw) [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ELIZABETH M TIMOTHY notified that action is needed Re: #109 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #115 Order of Recusal, #113 Response in Opposition to Motion, #112 MOTION FOR ENLARGEMENT OF TIME. Referred to ELIZABETH M TIMOTHY. (sdw) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed per #114 Order Reassigning Case: #112 MOTION for Extension of Time to File Response/Reply. Referred to HOPE T CANNON. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 114
ORDER. It is ORDERED that the Clerk's Office shall assign another Magistrate Judge to this action based upon my recusal. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 4/21/20. Case reassigned to MAGISTRATE JUDGE HOPE T CANNON for all further proceedings. MAGISTRATE JUDGE MARTIN A FITZPATRICK no longer assigned to case. (blb) **Please use the new judge's initials for all future filings: 4:19cv97MW/HTC** [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #113 Response in Opposition to Motion. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 113 RESPONSE in Opposition re #109 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #112 MOTION for Extension of Time to File Response/Reply. Referred to MARTIN A FITZPATRICK. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 112 MOTION FOR ENLARGEMENT OF TIME by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 111
ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE MARTIN A FITZPATRICK for all further proceedings. MAGISTRATE JUDGE CHARLES A STAMPELOS no longer assigned to case. Signed by CHIEF JUDGE MARK E WALKER on 4/3/2020. Motions referred to MARTIN A FITZPATRICK. (erl)**Please use the new judge's initials for all future filings: 4:19cv97-MW/MAF. [Transferred from flnd on 10/23/2020.]
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| Set Deadlines per #110 ORDER: Plaintiff has until 4/20/2020, to file a response to the pending motion to dismiss, ECF No. #109. The Clerk of Court shall return this file upon the filing of Plaintiff's response to the motion to dismiss, or no later than 4/20/2020. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 110
ORDER. Ruling is DEFERRED on Defendant Jones' motion to dismiss, ECF No. #109. Plaintiff has until April 20, 2020, to file a response to the pending motion to dismiss, ECF No. #109. The Clerk of Court shall return this file upon the filing of Plaintiff's response to the motion to dismiss, or no later than April 20, 2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 3/17/20. (blb) [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #109 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 109 MOTION TO DISMISS AMENDED COMPLAINT WITH PREJUDICE by JULIE L JONES. (TORRES, CHRISTOPHER) Modified Title on 3/16/2020 (blb). [Transferred from flnd on 10/23/2020.] |
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Filing 108
ORDER. Plaintiff's motion, ECF No. #107, construed as a request for the Clerk's Office to reissue the notice soliciting counsel, is GRANTED. The Clerk of Court shall send a notice to all attorneys registered with the Court's electronic filing system. Defendant Jones is reminded of the March 13, 2020, deadline in which to file an answer or other response to the amended complaint, ECF No. #102. The Clerk of Court shall return this file upon the filing of an answer or similar response to Plaintiff's amended complaint, the filing of a notice of appearance of counsel, or no later than May 12, 2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 3/12/20. (blb) [Transferred from flnd on 10/23/2020.]
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| Set Deadline per ORDER #108:Clerk of Court shall return file upon the filing of an answeror similar response to Plaintiff's amended complaint, the filing of a notice of appearance of counsel, or no later than 5/12/2020. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 106 WAIVER OF SERVICE Returned Executed by CENTURION OF FLORIDA. CENTURION OF FLORIDA waiver sent on 3/6/2020, answer due 5/5/2020. (PEACE, ELIOT) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #107 MOTION to Appoint Counsel, #106 Waiver of Service Executed. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 107 MOTION to Appoint Counsel by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #105 Waiver of Service Executed. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 105 WAIVER OF SERVICE Returned Executed by CORIZON HEALTH INC. CORIZON HEALTH INC waiver sent on 2/28/2020, answer due 4/28/2020. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #104 Response in Opposition to Motion to Dismiss. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 104 RESPONSE to LAFONTANT AND MYERS #91 MOTION TO DISMISS filed by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 103
ORDER. Plaintiff's motion to amend the complaint, ECF No. #101, is GRANTED. Plaintiff's first amended complaint, ECF No. #102, is now the operative pleading. In light of Plaintiff's amended complaint, ECF No. #102, Defendants Inch, Lafontant, Myers, Cherry, Love, Perez-Lugo, and Toledo-Alverio, are DISMISSED from this case. The motion to dismiss filed by Defendants Lafontant and Myers, ECF No. #91, is DENIED as moot. The motion to dismiss filed by Defendants Inch and Jones, ECF No. #53, is DENIED as moot. Counsel for Defendants Love and Myers must file a response to this Order by March 6, 2020, concerning their willingness to waive service of the amended complaint on newly added Defendants Centurion and Corizon. Defendant Jones is required to file an answer or other response to the amended complaint, ECF No. #102, no later than March 13, 2020. The Clerk of Court shall return this file upon receipt of a response to this Order, the filing of an answer or similar response to Plaintiff's amended complaint or no later than March 13, 2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 2/20/20. (blb) [Transferred from flnd on 10/23/2020.]
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| Set Deadlines per ORDER #103 : Counsel for Defendants Love and Myers must file a response to this Order by 3/6/2020, concerning their willingness to waive service of the amended complaint on newly added Defendants Centurion and Corizon. Defendant JULIE L JONES is required to file an answer or other response tothe amended complaint, ECF No. #102, no later than 3/13/2020. Clerk of Court shall return this file upon receipt of a response to this Order, the filing of an answer or similar response to Plaintiff's amended complaint or no later than 3/13/2020. Defendants Inch, Lafontant, Myers, Cherry, Love, Perez-Lugo, and Toledo-Alverio, are terminated. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 102 FIRST AMENDED COMPLAINT filed by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 101 MOTION to Amend Complaint by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 100
ORDER ACCEPTING REPORT AND RECOMMENDATION. This Court has considered, without hearing, the Magistrate Judge's Report and Recommendation, ECF No. #98, and has also reviewed de novo Plaintiff's objections to the report and recommendation, ECF No. #99. Accordingly, IT IS ORDERED: The report and recommendation is accepted and adopted, over Plaintiff's objections, as this Court's opinion. Plaintiff's Motion for Preliminary Injunction, ECF No. #45, is DENIED. This case is remanded to the Magistrate Judge for further proceedings. Signed by CHIEF JUDGE MARK E WALKER on 2/13/20. (blb) [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #100 Order Adopting Report and Recommendation. Case is remanded to the Magistrate Judge for further proceedings. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #101 MOTION to Amend Complaint, #102 FIRST Amended Complaint. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 99 OBJECTION to #98 Report and Recommendations by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 98 REPORT AND RECOMMENDATION. It is RECOMMENDED that Plaintiff's motion for preliminary injunction, ECF No. #45, be DENIED and this case be REMANDED for further proceedings. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 1/31/20. R&R flag set. Internal deadline for referral to district judge if objections are not filed earlier: 2/28/2020. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #97 Amended Notice of Appearance. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 97 NOTICE of Appearance by ELIOT BRADFORD PEACE on behalf of VICTORAL LOVE (PEACE, ELIOT) [Transferred from flnd on 10/23/2020.] |
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Filing 96
ORDER. Plaintiff's motion for leave to amend, ECF No. #94, is DENIED without prejudice for failing to comply with Rule 15.1. Plaintiff's motion requesting an extension of time, ECF No. #95, is GRANTED in part. Plaintiff has until 2/26/2020, in which to file a response to the motion to dismiss, ECF No. #91, filed by Defendants Lafontant and Myers. The Clerk of Court shall return this file upon Plaintiff's filing of a response to the motion to dismiss or no later than 2/26/2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 1/16/20. (blb) [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #95 MOTION for Extension of Time to File Response/Reply as to #91 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #94 MOTION to Amend Complaint. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 95 MOTION for Extension of Time to File Reply as to #91 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 94 MOTION for Leave to Amend Complaint by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #93 Notice of Appearance. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 93 NOTICE of Appearance by ELIOT BRADFORD PEACE on behalf of DANIEL CHERRY, ELLIOT PEREZ-LUGO, ERNESTO L TOLEDO-ALVERIO (PEACE, ELIOT) [Transferred from flnd on 10/23/2020.] |
| Set Deadlines per #92 ORDER: Plaintiff has until 1/21/2020, in which to file a response to the motion to dismiss, ECF No. #91, filed by Defendants Lafontant and Myers. The Clerk of Court shall return this file upon Plaintiff's filing of a response to the motion to dismiss or no later than 1/21/2020. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 92
ORDER. Plaintiff's motion to compel, ECF No. #71, is DENIED without prejudice for failing to comply with the Initial Scheduling Order's requirement to confer as mandated by Rule 37(a). Plaintiff's second motion to compel, ECF No. #90, is likewise DENIED without prejudice for failing to comply with the Initial Scheduling Order's requirement to confer as mandated by Rule 37(a). Plaintiff has until January 21, 2020, in which to file a response to the motion to dismiss, ECF No. #91, filed by Defendants Lafontant and Myers. The Clerk of Court shall return this file upon Plaintiff's filing of a response to the motion to dismiss or no later than January 21, 2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 12/17/19. (blb) [Transferred from flnd on 10/23/2020.]
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| Filing 91 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by RODOLPHE LAFONTANT, WOODROW A MYERS, JR. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #91 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #90 MOTION for Discovery. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 90 MOTION for an Order Compelling Discovery by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #89 Response to Motion. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 89 RESPONSE to Motion re #71 MOTION for Order Compelling Discovery filed by JULIE L JONES. (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #87 RESPONSE TO PLAINTIFFS REPLY TO DEFENDANTS RESPONSE IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 88
ORDER. Defendant Inch's motion for an extension of time, ECF No. #85, is GRANTED. Defendant Inch has until January 3, 2020, in which to serve responses. The discovery deadline is February 28, 2020, potentially dispositive motions must be filed by March 31, 2020. The Clerk of Court shall return this file upon the completion of discovery, February 28, 2020. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 12/9/19. (blb) [Transferred from flnd on 10/23/2020.]
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| Filing 87 RESPONSE TO PLAINTIFFS REPLY TO DEFENDANTS RESPONSE #45 IN OPPOSITION TO PLAINTIFFS MOTION FOR PRELIMINARY INJUNCTION filed by MARK S INCH. (TORRES, CHRISTOPHER) Modified Title on 12/10/2019 (blb). [Transferred from flnd on 10/23/2020.] |
| Set Deadlines per ORDER #88: Discovery due by 2/28/2020. Dispositive Motions due by 3/31/2020. The Clerk of Court shall return this file upon the completion of discovery, 2/28/2020. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #85 MOTION to Extend Time. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 86
ORDER. The motion for an extension of time, ECF No. #80, is GRANTED. Defendants Love, Cherry, Perez-Lugo, and Toldeo Alverio have until 12/11/2019, in which to serve responses. Defendants' second motion to for an extension of time, ECF No. #81, is GRANTED. Defendants Jones and Inch have until 12/11/2019, in which to respond to Plaintiff's motion to compel, ECF No. #71. Defendants' motion to extend the discovery period, ECF No. #82, is GRANTED. Plaintiff's motion for an extension of the discovery period, ECF No. #75, is also GRANTED. Defendants' third motion for an extension of time, ECF No. #83, is GRANTED. Defendants Myers and Lafontant have until 12/16/2019, in which to respond to Plaintiffs complaint, ECF No. #1. Should Defendants desire to file a sur-reply, they must do so by 12/09/2019. Ruling on Plaintiff's motion to compel, ECF No. #71, remains DEFERRED. The Clerk of Court shall return this file upon the parties compliance with this Order, or no later than 12/11/2019. (Internal deadline for referral to judge : 12/16/2019). Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 12/4/19. (blb)[Transferred from flnd on 10/23/2020.]
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| Set Deadlines per ORDER #86: RODOLPHE LAFONTANT answer due 12/16/2019. WOODROW A MYERS, JR answer due 12/16/2019. Clerk of Court shall return this file upon the parties compliance with this Order by 12/11/2019. Dispositive Motions to be filed by 3/31/2020. Discovery due by 2/28/2020. Sur-Repy, if any, due by 12/9/2019. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 85 MOTION to Extend Time by MARK S INCH. (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
| Filing 84 Plaintiff's REPLY to Defendant's Response in Opposition to Plaintiff's #45 MOTION for Preliminary Injunction, filed by THOMAS RAY HAYES. (cle) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #84 Plaintiff's REPLY to Defendant's Response in Opposition to Plaintiff's #45 MOTION for Preliminary Injunction. (cle) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #83 Third MOTION for Extension of Time to File Response as to #1 Complaint. Referred to CHARLES A STAMPELOS. (cle) [Transferred from flnd on 10/23/2020.] |
| Filing 83 Third MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by RODOLPHE LAFONTANT, WOODROW A MYERS, JR. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #82 MOTION for Extension of Time to Complete Discovery . Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 82 MOTION for Extension of Time to Complete Discovery by DANIEL CHERRY, VICTORAL LOVE, ELLIOT PEREZ-LUGO, E L TOLEDO, ERNESTO L TOLEDO-ALVERIO. (COUCH, MARY) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #81 MOTION FOR SECOND EXTENSION OF TIME TO RESPOND TO PLAINTIFFS MOTION FOR AN ORDER COMPELLING DISCOVERY. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 81 MOTION FOR SECOND EXTENSION OF TIME TO RESPOND TO PLAINTIFF'S MOTION FOR AN ORDER COMPELLING DISCOVERY by MARK S INCH. (TORRES, CHRISTOPHER) Modified Title on 11/19/2019 (blb). [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #80 MOTION to Extend Time to respond to Plaintiffs discovery requests. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 80 MOTION to Extend Time to respond to Plaintiffs discovery requests by DANIEL CHERRY, VICTORAL LOVE, ELLIOT PEREZ-LUGO, E L TOLEDO, ERNESTO L TOLEDO-ALVERIO. (COUCH, MARY) [Transferred from flnd on 10/23/2020.] |
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Filing 79
ORDER. Defendants' motion for an extension of time, ECF No. #70, is GRANTED. Defendants' second motion for an extension of time, ECF No. #78, is GRANTED. Defendant Inch's motion for an extension of time, ECF No. #73, is GRANTED. Ruling on Plaintiff's motion for an extension of time to complete discovery, ECF No. #75, is DEFERRED. Plaintiff's second motion for an extension of time in which to file a reply to Defendants' response, ECF No. #76, is GRANTED. Plaintiffs motion requesting leave to file a reply to Defendants' response, ECF No. #77, is also GRANTED. Ruling on Plaintiff's motion to compel, ECF No. #71, is DEFERRED. The Clerk of Court shall return this file upon the parties compliance with this Order, or no later than December 9, 2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 11/12/19. (blb) [Transferred from flnd on 10/23/2020.]
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| Set Deadlines per #79 Order: Defendant Inch shall have until 11/20/2019, in which to respond to Plaintiff's motion to compel and to serve discovery requests. Defendants Myers and Lafontant have until 11/26/2019 in which to respond to Plaintiff's complaint, ECF No. #1. Plaintiff has until 12/2/2019 in which to file a reply. The Clerk of Court shall return this file upon the parties compliance with this Order, or no later than 12/9/2019. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #78 Second MOTION to Extend Time to Respond to the Plaintiff's Complaint. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 78 Second MOTION to Extend Time to Respond to the Plaintiff's Complaint by RODOLPHE LAFONTANT, WOODROW A MYERS, JR. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #76 MOTION to Extend Time, #77 MOTION for Leave to File. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 77 MOTION FOR LEAVE TO FILE REPLY TO DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S PRELIMINARY INJUCTION by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 76 MOTION to Extend Time by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #75 MOTION to extend Discovery. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #74 Notice of Appearance. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 75 MOTION TO EXTEND Discovery by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 74 NOTICE of Appearance by BRIAN ALEXANDER WAHL on behalf of DANIEL CHERRY, VICTORAL LOVE, ELLIOT PEREZ-LUGO, ERNESTO L TOLEDO-ALVERIO (WAHL, BRIAN) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #73 MOTION for Extension of Time to Complete Discovery . Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 73 MOTION for Extension of Time to Complete Discovery by MARK S INCH. (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #72 Proposed Pretrial Order. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 72 Proposed Pretrial Order Proposed Stipulated Qualified Protective Order by MARK S INCH. (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #71 Motion for an Order Compelling Discovery Referred to CHARLES A STAMPELOS. (rcb) [Transferred from flnd on 10/23/2020.] |
| Filing 71 Motion for an Order Compelling Discovery by THOMAS RAY HAYES. (rcb) [Transferred from flnd on 10/23/2020.] |
| Filing 70 MOTION to Extend Time to Respond to the Plaintiff's Complaint by RODOLPHE LAFONTANT, WOODROW A MYERS, JR. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| Filing 69 REPLY TO DEFENDANT'S RESPONSE IN OPPOSITION TO PLAINTIFF'S MOTION FOR PRELIMENARY INJUNCTION filed by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #69 Reply to Response to Motion. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #65 Response in Opposition to Motion, #66 Response to Motion, #68 Response in Opposition to Motion. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 68 RESPONSE in Opposition re #45 MOTION for Preliminary Injunction filed by MARK S INCH. (Attachments: #1 Exhibit) (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
| Filing 66 RESPONSE to Motion re #45 MOTION for Preliminary Injunction filed by RODOLPHE LAFONTANT, WOODROW A MYERS, JR. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| Filing 65 RESPONSE in Opposition re #45 MOTION for Preliminary Injunction filed by DANIEL CHERRY, VICTORAL LOVE, ELLIOT PEREZ-LUGO, ERNESTO L TOLEDO-ALVERIO. (COUCH, MARY) [Transferred from flnd on 10/23/2020.] |
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Filing 64
ORDER. Plaintiff's second motion requesting the Court take judicial notice, ECF No. #63, is DENIED. The Clerk of Court shall return this file upon compliance with the prior Order, ECF No. #62, or no later than October 31, 2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 10/11/19. (blb) [Transferred from flnd on 10/23/2020.]
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| Set Deadlines: The Clerk of Court shall return this file upon compliance with theprior Order, ECF No. #62, or no later than 10/31/2019. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #67 Reply to Response to Motion. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 67 REPLY to Response to Motion re #53 MOTION to Dismiss Complaint filed by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 63 AMENDED MOTION TO TAKE JUDICIAL NOTICE by THOMAS RAY HAYES. (blb) (Additional attachment(s) added on 10/4/2019: #1 ATTACHMENT) (blb). [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #63 AMENDED MOTION TO TAKE JUDICIAL NOTICE. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 62
ORDER. Plaintiff's motion to take judicial notice, ECF No. #51, is DENIED. The request to take judicial notice, ECF No. #55, filed by Defendants Jones and Inch, is GRANTED to the extent the Court will note that such documents were filed in the United States District Court for the Middle District of Georgia. Plaintiff's motion to strike, ECF No. #58, is DENIED. Plaintiff's motion for an extension of time, ECF No. #57, is GRANTED. Plaintiff has until October 31, 2019, to file his response in opposition to the pending motion to dismiss, ECF No. #53. Defendants have until October 11, 2019, to file a response to Plaintiff's motion for a preliminary injunction, ECF No. #45. Defendants Myers and Lafontant have until October 25, 2019, in which to file a response to the complaint. The Clerk of Court shall return this file upon compliance with this Order, or no later than October 31, 2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 10/3/19. (blb) [Transferred from flnd on 10/23/2020.]
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| Set Deadlines: Plaintiff has until 10/31/2019, to file his response in opposition to the pending motion to dismiss, ECF No. #53. Defendants have until 10/11/2019, to file a response to Plaintiff's motion for a preliminary injunction, ECF No. #45. Defendants Myers and Lafontant have until 10/25/2019, in which to file a response to the complaint. The Clerk of Court shall return this file upon compliance with #62 Order, or no later than 10/31/2019. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #61 Response in Opposition to Motion, #60 Response in Opposition to Motion. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 61 RESPONSE in Opposition re #51 MOTION to Take Judicial Notice filed by MARK S INCH, JULIE L JONES. (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
| Filing 60 RESPONSE in Opposition re #51 MOTION filed by DANIEL CHERRY, VICTORAL LOVE, ELLIOT PEREZ-LUGO, E L TOLEDO, ERNESTO L TOLEDO-ALVERIO. (COUCH, MARY) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #59 Response to Motion. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 59 RESPONSE to Motion re #51 MOTION filed by RODOLPHE LAFONTANT, WOODROW A MYERS, JR. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #58 MOTION to Strike #55 Request for Judicial Notice. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 58 MOTION to Strike #55 Request for Judicial Notice by THOMAS RAY HAYES. (Internal deadline for referral to judge if response not filed earlier: 10/7/2019). (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 57 MOTION to Extend Time by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #57 MOTION to Extend Time. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #56 Response to Order to Show Cause. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 56 RESPONSE TO ORDER TO SHOW CAUSE by JULIE L JONES. (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #55 Request for Judicial Notice. (cle) [Transferred from flnd on 10/23/2020.] |
| Filing 55 Request for Judicial Notice by MARK S INCH, JULIE L JONES. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit) (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
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**Duplicate - ORDER deferring ruling on #51 Motion. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 9/11/2019. (lsd) [Transferred from flnd on 10/23/2020.]
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Filing 54
ORDER. Ruling on Plaintiff's motion to take judicial notice, ECF No. #51, is DEFERRED. Defendants have until 9/26/2019, to file a response to that motion, ECF No. #51. Defendants have until 10/11/2019, to file a response to Plaintiff's motion for a preliminary injunction, ECF No. #45. Plaintiff has until 10/11/2019, in which to file a response to the motion to dismiss filed by Defendants Inch and Jones, ECF No. #53. Defendants Myers and Lafontant have until 10/25/2019, in which to file a response to the complaint. Defendant Jones has until 9/19/2019, to show good cause for not imposing the costs of service on her pursuant to Rule 4. The Clerk of Court shall return this file upon compliance with this Order, or no later than 9/26/2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 9/11/19. (blb) [Transferred from flnd on 10/23/2020.]
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| Filing 53 MOTION to Dismiss Complaint by MARK S INCH, JULIE L JONES. (Internal deadline for referral to judge if response not filed earlier: 9/24/2019). (JOHNSON, ANTHONY) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #53 MOTION to Dismiss Complaint. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
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**Duplicate - ORDER deferring ruling on #45 Motion for Preliminary Injunction. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 9/6/2019. (lsd) [Transferred from flnd on 10/23/2020.]
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| Filing 52 NOTICE OF PRE-SETTLEMENT OFFER by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 51 MOTION TO TAKE JUDICIAL NOTICE by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 50
ORDER. Ruling on Plaintiff's motion for a preliminary injunction, ECF No. #45, is DEFERRED and the parties have until 10/11/2019, to file a response. Defendant Mark S. Inch must file a response to the complaint no later than 9/10/2019. Defendant Julie L. Jones must file a response to the complaint no later than 9/19/2019. On or before 9/19/2019, Defendant Julie L. Jones must show good cause pursuant to Rule 4 to not impose the costs of service on her. The Clerk of Court shall return this file upon compliance with this Order, or no later than 10/11/2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 9/6/19. (blb) [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #52 Notice (Other), #51 MOTION. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #49 Notice. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 49 NOTICE Clarifying Representation by MARK S INCH (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
| Filing 47 RESPONSE by MARK S INCH re #1 Complaint, Objection to Notice of Production from Non-Party. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C) (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #48 Summons Returned Executed, #47 Response. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 48 SUMMONS Returned Executed JULIE L JONES served on 8/29/2019, answer due 9/19/2019. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 46 NOTICE OF PRE-SETTLEMENT OFFER by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #46 Notice OF PRE-SETTLEMENT OFFER. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #45 MOTION for Preliminary Injunction. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 45 MOTION for Preliminary Injunction/OR IN ALTERNATE MODIFICATION OF EXISTING PERMANENT INJUNCTION by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
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**Duplicate - ORDER granting #41 Motion for Extension of Time to File Response/Reply ; denying #42 Motion. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 8/27/2019. (lsd) [Transferred from flnd on 10/23/2020.]
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Filing 44
ORDER. The motion for an extension of time to respond to the complaint, ECF No. #41, is GRANTED. Defendant Mark Inch shall file a response to the complaint no later than 9/10/2019. No later than 9/12/2019, the USMS shall file a response clarifying efforts made to personally serve Defendant Julie L. Jones. Plaintiff's motion to take judicial notice, ECF No. #42, is DENIED without prejudice. Counsel for Defendant Mark Inch shall file a response to this Order no later than 9/5/2019, clarifying if they are also representing Defendant Julie Jones. The Clerk of Court shall return this file upon compliance with this Order, or no later than 9/12/2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 8/27/19. (blb) [Transferred from flnd on 10/23/2020.]
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**Duplicate - ORDER granting #35 Motion for Discovery; granting #36 Motion for Extension of Time to File Response/Reply ; denying #37 Motion for Default Judgment. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 8/22/2019. (lsd) [Transferred from flnd on 10/23/2020.]
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| Filing 43 OPPOSITION re #35 MOTION for Discovery Limited filed by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 42 MOTION TO TAKE JUDICIAL NOTICE by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 41 MOTION for Extension of Time to File Response/Reply to Complaint by MARK S INCH. (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
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Filing 40
ORDER. The Clerk of Court shall provide a copy of this Order to the United States Marshals Service (USMS). No later than 9/12/2019, the USMS shall file a response clarifying efforts made to personally serve Defendant Julie L. Jones. Plaintiff's motion for entry of default against Defendant Julie Jones, ECF No. #37, is DENIED without prejudice. The motion for an extension of time, ECF No. #36, is GRANTED. Counsel for Defendant Mark Inch shall file a response to this Order no later than 9/5/2019, clarifying if they are also representing Defendant Julie Jones. Defendant Mark Inch shall file a response to the complaint no laterthan 9/9/2019. The motion for limited discovery, ECF No. #35, is granted in part. The Clerk of Court shall correct the docket to reflect that the Defendant named by Plaintiff in the complaint as "Dr. E. L. Toledo" is correctly identified as Ernesto L. Toledo Alverio. The Clerk of Court shall return this file upon compliance with this Order, or no later than 9/12/2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 8/22/19. (blb) *Documents provided as Directed* [Transferred from flnd on 10/23/2020.]
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Filing 39
INITIAL SCHEDULING ORDER : Discovery due by 12/2/2019., Dispositive Motions to be filed by 12/23/2019, Notify Chambers on 12/2/2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 8/22/19. (blb) [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #43 Opposition to Motion FOR LIMITED DISCOVERY, #42 MOTION TO TAKE JUDICIAL NOTICE, #41 MOTION for Extension of Time to File Response/Reply to Complaint. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #38 Answer to Complaint. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 38 ANSWER to #1 Complaint, by DANIEL CHERRY, VICTORAL LOVE, ELLIOT PEREZ-LUGO, E L TOLEDO. (COUCH, MARY) [Transferred from flnd on 10/23/2020.] |
| Filing 37 MOTION for Default Judgment as to JULIE L JONES by THOMAS RAY HAYES. (Internal deadline for referral to judge if response not filed earlier: 8/29/2019). (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #36 MOTION for Extension of Time to File Response/Reply as to #1 Complaint. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #37 MOTION for Default Judgment. Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 36 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by DANIEL CHERRY, VICTORAL LOVE, ELLIOT PEREZ-LUGO, E L TOLEDO. (COUCH, MARY) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #35 MOTION for Discovery Limited, #34 Notice (Other). Referred to CHARLES A STAMPELOS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 35 MOTION for Discovery Limited by RODOLPHE LAFONTANT, WOODROW A MYERS, JR. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| Filing 34 NOTICE of Invalid Service by RODOLPHE LAFONTANT, WOODROW A MYERS, JR (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #31 Notice of Appearance, #32 Waiver of Service Executed, AND #33 Waiver of Service Executed. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 33 WAIVER OF SERVICE Returned Executed by WOODROW A MYERS, JR. WOODROW A MYERS, JR waiver sent on 8/12/2019, answer due 10/11/2019. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| Filing 32 WAIVER OF SERVICE Returned Executed by RODOLPHE LAFONTANT. RODOLPHE LAFONTANT waiver sent on 8/12/2019, answer due 10/11/2019. (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| Filing 31 NOTICE of Appearance by GREGG A TOOMEY on behalf of RODOLPHE LAFONTANT, WOODROW A MYERS, JR (TOOMEY, GREGG) [Transferred from flnd on 10/23/2020.] |
| Filing 30 Summons Issued as to RODOLPHE LAFONTANT and WOODROW A MYERS, JR. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 29 Letter from Jennifer Tallarico, USMS. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 28 Summons Issued as to JULIE L JONES. (blb)*Form Sent To USMS in Box* [Transferred from flnd on 10/23/2020.] |
| Filing 27 Letter from Jennifer Tallarico, USMS. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #21 Notice of Appearance, #22 Notice of Appearance, #23 Waiver of Service Executed, #24 Waiver of Service Executed, #25 Waiver of Service Executed, #26 Waiver of Service Executed. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 26 WAIVER OF SERVICE Returned Executed by E L TOLEDO. E L TOLEDO waiver sent on 6/19/2019, answer due 8/19/2019. (COUCH, MARY) [Transferred from flnd on 10/23/2020.] |
| Filing 25 WAIVER OF SERVICE Returned Executed by ELLIOT PEREZ-LUGO. ELLIOT PEREZ-LUGO waiver sent on 6/19/2019, answer due 8/19/2019. (COUCH, MARY) [Transferred from flnd on 10/23/2020.] |
| Filing 24 WAIVER OF SERVICE Returned Executed by VICTORAL LOVE. VICTORAL LOVE waiver sent on 6/19/2019, answer due 8/19/2019. (COUCH, MARY) [Transferred from flnd on 10/23/2020.] |
| Filing 23 WAIVER OF SERVICE Returned Executed by DANIEL CHERRY. DANIEL CHERRY waiver sent on 6/19/2019, answer due 8/19/2019. (COUCH, MARY) [Transferred from flnd on 10/23/2020.] |
| Filing 22 NOTICE of Appearance by MARY ANN COUCH on behalf of DANIEL CHERRY, VICTORAL LOVE, ELLIOT PEREZ-LUGO, E L TOLEDO (COUCH, MARY) [Transferred from flnd on 10/23/2020.] |
| Filing 21 NOTICE of Appearance by ROBERT CRAIG MAYFIELD on behalf of DANIEL CHERRY, VICTORAL LOVE, ELLIOT PEREZ-LUGO, E L TOLEDO (MAYFIELD, ROBERT) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #20 Notice of Appearance. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 20 NOTICE of Appearance by ANTHONY DEAN JOHNSON on behalf of MARK S INCH, JULIE L JONES (JOHNSON, ANTHONY) [Transferred from flnd on 10/23/2020.] |
| Filing 19 NOTICE of Appearance by CHRISTOPHER CLAUDIO TORRES on behalf of MARK S INCH, JULIE L JONES (TORRES, CHRISTOPHER) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #19 Notice of Appearance. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 18 Summons Issued as to JULIE L JONES. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 17
ORDER. The Clerk of Court shall issue a summons for former Secretary Julie L. Jones, providing the Defendant with 21 days in which to file a response to the complaint. The Clerk shall refer the summons to the USMS along with two copies of this Order (one for the USMS and one for the Defendant). The Clerk of Court shall return this file upon the filing of a return of service, a notice of appearance, or no later than 8/2/2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 7/9/19. (blb) *Forms Provided as Directed* [Transferred from flnd on 10/23/2020.]
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #15 Notice. (blb) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed Re: #16 Letter. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 16 Letter from THOMAS R HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 15 DEPARTMENT OF CORRECTIONS NOTICE TO COURT REGARDING SERVICE OF PROCESS FOR DEFENDANT re #13 Order. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 14 Summons Issued as to MARK S INCH. (blb) [Transferred from flnd on 10/23/2020.] |
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Filing 13
ORDER. The Clerk shall issue one summons for Secretary Mark S. Inch, one of the named Defendants, indicating he has sixty (60) days in which to file a response to the complaint. The Clerk shall refer the summons to the United States Marshals Service [USMS], along with eight (8) service copies of Plaintiff's complaint, ECF No. #1. The Clerk shall also prepare requests to waive service of the summons (the AO 398 form), two copies of the waiver of the service of summons form (the AO 399 form), and prepaid means for returning the waiver forms for the remaining named Defendants: Jones, Myers, Love, Dr. LaFontant, Dr. Cherry, Dr. Perez-Lugo, and Dr. Toledo. All of these documents must be provided to the USMS. The Clerk shall also prepare and send the Marshal eight copies of this Order, one for each of the named Defendants. Counsel for the Department of Corrections shall have until 7/11/2019, to either: (1) contact Defendant Jones concerning willingness to waive formal service of process and thereafter ensure that a waiver of service form is filed by appropriate counsel on behalf of Defendant Jones; (2) inform the USMS in confidence of the last known address for Defendant Jones so personal service may be effected; (3) advise the Court of another possible alternative for serving this Defendant; (4) file a response to this Order as may be appropriate. In accordance with 28 U.S.C. 636(c)(2), the Clerk shall forward to Plaintiff a form for consenting to trial by the magistrate judge, with the case number written on it. The Clerk of Court shall return this file upon the filing of a return of service, a notice of appearance, or no later than 8/2/2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 6/19/19. (blb) *Forms Provided as Directed* [Transferred from flnd on 10/23/2020.]
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| Filing 12 DOCKET ANNOTATION BY COURT: 10 Service Copies of Complaint as Required by #11 Orderfiled by THOMAS RAY HAYES. (blb) [Transferred from flnd on 10/23/2020.] |
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**Duplicate - ORDER granting #3 Motion to Appoint Counsel ; denying #6 Motion for Preliminary Injunction; denying #7 Motion to Amend/Correct. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 5/2/2019. (lsd) [Transferred from flnd on 10/23/2020.]
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Filing 11
ORDER - re: #1 Complaint. Plaintiff has until 5/31/2019, to submit ten (10) service copies of his complaint for service on the Defendants. Plaintiff's motion for a preliminary injunction hearing, ECF No. #6, is DENIED as moot. See ECF No. #7. Plaintiff's amended motion for a preliminary injunction hearing, ECF No. #7, is DENIED. Plaintiff's motion requesting the appointment of counsel, ECF No. #3, is GRANTED. The Clerk of Court must send a notice to all attorneys registered with the Court's electronic filing system. The Clerk of Court shall return this file upon Plaintiff's submission of the service copies, or no later than 5/31/2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 5/2/2019. (cle) *** Process to notify attorneys has been implemented. *** [Transferred from flnd on 10/23/2020.]
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| Filing 10 Partial Filing fee: $ 3.00, receipt number DOC B042319, remaining balance $338.30. (blb) [Transferred from flnd on 10/23/2020.] |
| Filing 9 INITIAL PARTIAL Filing Fee: $8.70, receipt number FLN400036385. (cle) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: 9 Initial Partial Filing Fee Received. (cle) [Transferred from flnd on 10/23/2020.] |
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**Duplicate - ORDER granting #2 Motion for Leave to Proceed in forma pauperis. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 3/18/2019. (lsd) [Transferred from flnd on 10/23/2020.]
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Filing 8
ORDER - Plaintiff's in forma pauperis motion, ECF No. #2, is GRANTED to the extent Plaintiff is not required to prepay the $350.00 filing fee. Plaintiff is assessed an initial partial filing fee of $8.70. Plaintiff has until 4/18/2019, to submit the initial partial filing fee. The Clerk of Court shall mail this Order with an appropriate cover letter to: Department of Corrections, Office of the General Counsel, 501 South Calhoun Street, Tallahassee, Florida 32399-2500. The Clerk of Court shall return this file upon payment of the assessed initial partial filing fee, or no later than 4/18/2019. Signed by MAGISTRATE JUDGE CHARLES A STAMPELOS on 3/18/2019. (cle) *** Copy of this Order and Cover Letter sent to FDOC as directed. *** [Transferred from flnd on 10/23/2020.]
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| MOTIONS REFERRED to Magistrate Judge - re: #7 AMENDED MOTION for Preliminary Injunction Hearing. Referred to CHARLES A STAMPELOS. (cle) [Transferred from flnd on 10/23/2020.] |
| Filing 7 AMENDED MOTION for Preliminary Injunction Hearing, filed by THOMAS RAY HAYES. (cle) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #7 AMENDED MOTION for Preliminary Injunction Hearing. (cle) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #5 Prisoner Consent Form & Financial Certificate and #6 MOTION for Preliminary Injunction Hearing. Referred to CHARLES A STAMPELOS. (cle) [Transferred from flnd on 10/23/2020.] |
| Filing 6 MOTION for Preliminary Injunction Hearing, filed by THOMAS RAY HAYES. (cle) [Transferred from flnd on 10/23/2020.] |
| Filing 5 PRISONER CONSENT & FINANCIAL CERTIFICATE filed by THOMAS RAY HAYES - re: #2 MOTION for Leave to Proceed in forma pauperis. (cle) [Transferred from flnd on 10/23/2020.] |
| Filing 4 Notice to Pro Se. (cle) [Transferred from flnd on 10/23/2020.] |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE CHARLES A STAMPELOS notified that action is needed re: #1 Complaint, #2 MOTION for Leave to Proceed in forma pauperis, and #3 MOTION to Appoint Counsel. Referred to CHARLES A STAMPELOS. (cle) [Transferred from flnd on 10/23/2020.] |
| Filing 3 MOTION For Appointment of Counsel, filed by THOMAS RAY HAYES. (cle) [Transferred from flnd on 10/23/2020.] |
| Filing 2 MOTION for Leave to Proceed in forma pauperis filed by THOMAS RAY HAYES. (cle) [Transferred from flnd on 10/23/2020.] |
| Filing 1 COMPLAINT against DANIEL CHERRY, DOE(UNKNOWN), DOE(#2), MARK S INCH, JULIE L JONES, RODOLPHE LAFONTANT, and VICTORAL LOVE, filed by THOMAS RAY HAYES. (Attachments: #1 Declaration of Thomas R. Hayes, #2 Declaration of Russell B. Bishop, #3 Declaration of James Clark, #4 Declaration of Shepherd Litsey) (cle) [Transferred from flnd on 10/23/2020.] |
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