W B et al v. Marstiller
| W B and A W |
| Simone Marstiller |
| 3:2021cv00771 |
| August 6, 2021 |
| US District Court for the Middle District of Florida |
| Patricia D Barksdale |
| Marcia Morales Howard |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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This docket was last retrieved on October 4, 2021. A more recent docket listing may be available from PACER.
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| Filing 49 Unopposed MOTION for Leave to File Reply to Defendant's Response to Motion for Class Certification by All Plaintiffs. (DeBriere, Katherine) (Modified on 10/4/2021, to edit text) (BGR). |
| Filing 48 RESPONSE to Motion re #3 MOTION to Certify Class filed by Simone Marstiller. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Figlio, Erik) |
| Filing 47 MOTION to Dismiss Complaint by Simone Marstiller. (Attachments: #1 Exhibit A, #2 Exhibit B)(Figlio, Erik) |
Filing 46
ENDORSED ORDER: In light of the representations contained in #45 Plaintiffs' Notice of Withdrawal of Motion for Preliminary Injunction By Named Plaintiffs W.B. and A.W., the Clerk of the Court is directed to terminate #4 Plaintiffs' Motion for Preliminary Injunction and #5 Plaintiffs' Motion for Preliminary Injunction. Signed by Judge Marcia Morales Howard on 9/24/2021. (JW)
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| Filing 45 NOTICE of withdrawal of motion by W B, A W re #4 MOTION for Preliminary Injunction filed by A W, #5 MOTION for Preliminary Injunction filed by W B (DeBriere, Katherine) |
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Filing 44
ENDORSED ORDER granting #43 the defendant's unopposed motion for leave to file a response that exceeds the page limit. The defendant may file a response no longer than thirty pages, inclusive of all parts. Signed by Magistrate Judge Patricia D. Barksdale on 9/24/2021. (VNG)
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| Filing 43 Unopposed MOTION for Leave to File Response Exceeding Twenty Pages by Simone Marstiller. (Figlio, Erik) (Modified on 9/24/2021, to edit text) (BGR). |
| Filing 42 CASE REFERRED to Mediation. (BGR) |
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Filing 41
CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Discovery due by 9/1/2022. Conduct mediation hearing by 10/3/2022. Dispositive motions due by 11/1/2022. Final Pretrial Conference set for 3/20/2023 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Bench Trial set for trial term commencing on 4/3/2023 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 9/22/2021. (Attachments: #1 Mediation Report Form, #2 Court Docket)(JW)
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| Filing 40 CASE MANAGEMENT REPORT. (DeBriere, Katherine) |
| Filing 39 CERTIFICATE of interested persons and corporate disclosure statement by Simone Marstiller. (Figlio, Erik) |
| Filing 38 CERTIFICATE of interested persons and corporate disclosure statement by W B, A W. (DeBriere, Katherine) |
| Filing 37 NOTICE to counsel Miriam Heard & Sarah Somers of Local Rule 2.01(b)(1)(G), which requires members of the Middle District bar to register with the Middle District CM/ECF system by submitting an e-file registration through PACER. (Signed by Deputy Clerk). (BGR) |
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Filing 36
ORDER granting #35 Joint Motion to Temporarily Stay Preliminary Injunction Proceedings. Notice due September 27, 2021. Signed by Judge Marcia Morales Howard on 8/26/2021. (JW)
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| Filing 35 Joint MOTION to Stay re #4 MOTION for Preliminary Injunction , #5 MOTION for Preliminary Injunction by Simone Marstiller. (Figlio, Erik) |
| Filing 34 NOTICE of Appearance by Alexandra Akre on behalf of Simone Marstiller (Akre, Alexandra) |
| Filing 33 NOTICE of Appearance by Erik Figlio on behalf of Simone Marstiller (Figlio, Erik) |
| Filing 32 NOTICE of Lead Counsel Designation by Katherine DeBriere on behalf of W B, A W. Lead Counsel: Katherine DeBriere. (DeBriere, Katherine) |
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Filing 31
ENDORSED ORDER granting #30 the defendant's unopposed motion for an extension of time to respond to #3 the motion for class certification. The defendant must respond to the motion by September 30, 2021. Signed by Magistrate Judge Patricia D. Barksdale on 8/19/2021. (KNR)
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| Filing 30 Unopposed MOTION for Extension of Time to File Response/Reply as to #3 MOTION to Certify Class by Simone Marstiller. (Sheeran, Andrew) Motions referred to Magistrate Judge Patricia D. Barksdale. |
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Filing 29
ORDER granting #17, #18, #19, Miriam Heard's, Joshua Norris's, and Sarah Jane Somers's motion for permission to specially appear to represent the plaintiff's in this action. By 8/31/2021, counsel must notify the Court who will be serving as lead counsel. Signed by Magistrate Judge Patricia D. Barksdale on 8/19/2021. (ASL)
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Filing 28
ENDORSED ORDER granting #21 the defendant's unopposed motion for an extension of time to respond to #1 the complaint. The defendant must respond to the complaint by September 30, 2021. Signed by Magistrate Judge Patricia D. Barksdale on 8/19/2021. (KNR)
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Filing 27
ORDER granting #22 the Named Plaintiffs' Motion to Proceed Anonymously and to Seal Under Court Order the Names of the Minor Plaintiffs and Their Parent Guardians. Signed by Judge Marcia Morales Howard on 8/16/2021. (JW)
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| Sealed Document S-26. (BGR) |
| Filing 25 NOTICE of Filing Supplemental Amended Declaration of Brittany C. by W B, A W re #4 MOTION for Preliminary Injunction , #3 MOTION to Certify Class of Filing Amended Declaration of A.W.'s Parent Guardian, Brittany C. (Attachments: #1 Supplement Amended Declaration of A.W. Parent Guardian, Brittany C.)(DeBriere, Katherine) (Modified on 8/16/2021, to edit text) (BGR). |
| Filing 24 NOTICE of Filing Supplemental Amended Declaration of David B. by W B, A W re #5 MOTION for Preliminary Injunction , #3 MOTION to Certify Class of Filing Amended Declaration of W.B. Parent Guardian, David B. (Attachments: #1 Supplement Amended Declaration of W.B. Parent Guardian, David B.)(DeBriere, Katherine) (Modified on 8/16/2021, to edit text) (BGR). |
| Filing 23 NOTICE of Filing Supplemental Verifications by W B, A W re #1 Complaint Verified by Parent Guardians for Named Plaintiffs (Attachments: #1 Supplement To Verify Class Action Complaint by W.B. Guardian, David B., #2 Supplement To Verify Class Action Complaint by A.W. Guardian, Brittany C.)(DeBriere, Katherine) (Modified on 8/16/2021, to edit text) (BGR). |
| Filing 22 First MOTION To Proceed Anonymously and To Seal Under Court Order the Names of the Minor Plaintiffs and their Parent Guardians by All Plaintiffs. (DeBriere, Katherine) (Modified on 8/16/2021, to edit text) (BGR). |
| Filing 21 MOTION for Extension of Time to File Answer re #1 Complaint by Simone Marstiller. (Sheeran, Andrew) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 20 Minute Entry. Virtual Proceedings held before Judge Marcia Morales Howard: STATUS CONFERENCE held on 8/12/2021. Counsel for Plaintiffs are directed to immediately file under seal the full names of the minors and the parents. Defendant's response due August 31, 2021. Plaintiff's reply due September 10, 2021. A preliminary injunction hearing is set for September 21, 2021, at 2:00 p.m. in Courtroom 10B. See Minutes for additional details. Court Reporter: Cindy Packevicz Jarriel (JW) |
| Filing 19 MOTION for Sarah Jane Somers to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18582568 for $150 by All Plaintiffs. (Attachments: #1 Supplement, #2 Supplement)(DeBriere, Katherine) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 18 MOTION for Joshua H. Norris to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18582521 for $150 by All Plaintiffs. (Attachments: #1 Supplement, #2 Supplement)(DeBriere, Katherine) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 17 MOTION for Miriam D. Heard to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-18582474 for $150 by All Plaintiffs. (Attachments: #1 Supplement, #2 Supplement)(DeBriere, Katherine) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 16 SECOND CORRECTED NOTICE of Appearance by Andrew T. Sheeran on behalf of Simone Marstiller (Sheeran, Andrew) (Modified on 8/12/2021, to edit text) (BGR). |
| Filing 15 NOTICE of Appearance by Samuel Dean Bunton on behalf of Simone Marstiller (Bunton, Samuel) |
| Filing 14 CORRECTED NOTICE of Appearance by Andrew T. Sheeran on behalf of Simone Marstiller (Sheeran, Andrew) (Modified on 8/12/2021, to edit text) (BGR). |
| Filing 13 NOTICE of Appearance by Andrew T. Sheeran on behalf of Simone Marstiller (Sheeran, Andrew) |
| Filing 12 NOTICE OF HEARING: Status Conference set for today, August 12, 2021, at 4:00 PM before Judge Marcia Morales Howard. The hearing will be held via Zoom. The Courtroom Deputy Clerk will separately send participants the Zoom link. Counsel for Plaintiffs are directed immediately to give notice of this hearing to counsel for Defendant and to provide counsel for Defendant the Zoom information upon receipt from the Court. (JW) |
| Filing 11 PROOF of Service executed on 8/10/2021 as to Simone Marstiller by W B, A W (DeBriere, Katherine) (Modified on 8/12/2021, to edit text) (BGR). |
| Filing 10 SUPPLEMENTAL Brief in Support by W B, A W re #4 MOTION for Preliminary Injunction , #5 MOTION for Preliminary Injunction (Attachments: #1 Text of Proposed Order Proposed order on AW Motion for Preliminary Injunction, #2 Text of Proposed Order Proposed order on WB Motion for Preliminary Injunction)(DeBriere, Katherine) (Modified on 8/12/2021, to edit text) (BGR). |
| Filing 9 NOTICE of Filing of Exhibits by W B, A W re #3 MOTION to Certify Class (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit)(DeBriere, Katherine) (Modified on 8/10/2021, to edit text) (BGR). |
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Filing 8
ORDERED: #4 A.W.'s Motion for Preliminary Injunction and #5 W.B.'s Motion for a Preliminary Injunction are TAKEN UNDER ADVISEMENT. Plaintiffs shall promptly file supplements which bring the Motions into full compliance with the Local Rules of this Court. Plaintiffs shall promptly effect service of process on Defendant and file a notice with the Court advising that service has been accomplished. Signed by Judge Marcia Morales Howard on 8/9/2021. (TMF)
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| Filing 7 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (JW) |
| Filing 6 SUMMONS issued as to Simone Marstiller. (RH) |
| Filing 5 MOTION for Preliminary Injunction by W B. (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit)(DeBriere, Katherine) |
| Filing 4 MOTION for Preliminary Injunction by A W. (Attachments: #1 Appendix, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(DeBriere, Katherine) |
| Filing 3 MOTION to Certify Class by All Plaintiffs. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit)(DeBriere, Katherine) |
| Filing 2 NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Patricia D. Barksdale. New case number: 3:21-cv-0771-MMH-PDB. (SJB) |
| Filing 1 COMPLAINT against All Defendants (Filing fee $ 402 receipt number AFLMDC-18563083) filed by All Plaintiffs. (Attachments: #1 Exhibit, #2 Civil Cover Sheet, #3 Proposed Summons)(DeBriere, Katherine) |
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