Duty v. Jacksonville Sheriff's Office et al
| Dustin Shane Duty |
| Officer J.P. Garriott, Officer J Taylor, Officer R Glossman, Officer C.G. Nieto, Supervisor R.R. Brooks, As-Yet-Unknown-Police-Officers and The City of Jacksonville |
| David Brecher |
| 3:2025cv00787 |
| July 11, 2025 |
| U.S. District Court for the Middle District of Florida |
| Wendy W Berger |
| Samuel J Horovitz |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
This docket was last retrieved on December 15, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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Filing 48
ENDORSED ORDER granting #47 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motions to Dismiss. Plaintiff shall have up to and including January 15, 2026, to respond to #41 #42 #43 Defendants' Motions to Dismiss. Signed by Magistrate Judge Samuel J. Horovitz on 12/15/2025. (KTQ)
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| Filing 47 Unopposed MOTION for Extension of Time to File Response/Reply as to #43 MOTION to Dismiss Amended Complaint , #41 MOTION to Dismiss Plaintiff's Amended Complaint , #42 MOTION to Dismiss Plaintiff's Amended Complaint by Dustin Shane Duty. (Rodz, Aliette) Motions referred to Magistrate Judge Samuel J. Horovitz. |
| Filing 46 RETURN of service executed on November 26, 2025 by Dustin Shane Duty as to Dustin Shane Duty. (Rodz, Aliette) |
| Filing 45 NOTICE by Dustin Shane Duty Notice of Filing Return of Non-Service Attempts for Defendant, Officer JA Taylor (Rodz, Aliette). |
Filing 44
ENDORSED ORDER denying as moot #18 Defendant Jacksonville Sheriff's Office's Motion to Dismiss, #23 Defendants' J.P. Garriott, R. Glossman, and R.R. Brooks Motion to Dismiss, and #36 C.G. Nieto's Motion to Dismiss. Signed by Judge Wendy W. Berger on 12/3/2025. (ADL)
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| Filing 43 MOTION to Dismiss Amended Complaint by C.G. Nieto. (Daragjati, Paul) |
| Filing 42 MOTION to Dismiss Plaintiff's Amended Complaint by R.R. Brooks, J.P. Garriott, R Glossman, J Taylor. (Mereness, Brett) |
| Filing 41 MOTION to Dismiss Plaintiff's Amended Complaint by The City of Jacksonville. (Whiddon, Matthew) |
Filing 40
ENDORSED ORDER granting #39 Defendants' Unopposed Joint Motion to Extend Time to Respond to Plaintiff's Amended Complaint. Defendants shall have up to and including December 2, 2025, to respond to the #38 Amended Complaint. Signed by Magistrate Judge Samuel J. Horovitz on 11/18/2025. (SS)
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| Filing 39 UNOPPOSED JOINT MOTION for Extension of Time to File Answer re #38 Amended Complaint by R.R. Brooks, J.P. Garriott, R Glossman, Jacksonville Sheriff's Office, C.G. Nieto. (Mereness, Brett) Motions referred to Magistrate Judge Samuel J. Horovitz. Modified on 11/17/2025 to edit docket text (ELA). |
| Filing 38 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Dustin Shane Duty.(Rodz, Aliette) |
Filing 37
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings and Joinder of Parties due by 11/25/2025; Plaintiff disclosure of expert report due by 9/1/2026; Defendant disclosure of expert report due by 10/1/2026; Discovery due by 10/30/2026; Conduct mediation hearing by 11/13/2026 (Lead counsel to coordinate dates); Dispositive motions due by 12/1/2026; All other motions due by 3/3/2027; Pretrial statement due by 4/5/2027; Trial Status Conference set for 4/13/2027 at 10:00 AM in Jacksonville Courtroom 12 A before Judge Wendy W. Berger; Jury Trial set for the May 2027 trial term commencing on 5/3/2027 at 09:00 AM in Jacksonville Courtroom 12 A before Judge Wendy W. Berger. Signed by Judge Wendy W. Berger on 10/20/2025. (CKS)
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| Filing 36 MOTION to Dismiss Complaint With Accompanying Memorandum of Law by C.G. Nieto. (Daragjati, Paul) Modified text on 10/15/2025 (MGB). |
Filing 35
ENDORSED ORDER granting #34 Plaintiff's Motion for Extension of Time to Effectuate Service of Process on Defendant, Officer J. Taylor. Plaintiff shall have up to and including December 8, 2025, to effectuate service of process on Defendant Taylor. Signed by Magistrate Judge Samuel J. Horovitz on 10/9/2025. (SS)
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| Filing 34 MOTION for Extension of Time to File Effectuate Service of Process on Defendant, Officer J. Taylor , MOTION for Miscellaneous Relief, specifically 60 day extension to effectuate service of process on Defendant J. Taylor by Dustin Shane Duty. (Rodz, Aliette) Motions referred to Magistrate Judge Samuel J. Horovitz. |
Filing 33
ENDORSED ORDER granting #32 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motions to Dismiss. Plaintiff shall have up to and including November 4, 2025, to respond to the #18, #23 motions to dismiss. Signed by Magistrate Judge Samuel J. Horovitz on 10/1/2025. (SS)
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| Filing 32 Unopposed MOTION for Extension of Time to File Responses to Defendants' Motions to Dismiss [D.E. 18, 23] by Dustin Shane Duty. (Rodz, Aliette) Motions referred to Magistrate Judge Samuel J. Horovitz. |
| Filing 31 CASE MANAGEMENT REPORT. (Rodz, Aliette) |
Filing 30
ENDORSED ORDER granting #29 Plaintiff's Motion for Extension of Time to File Uniform Case Management Report. The parties shall have up to and including September 26, 2025, to file their Case Management Report. Signed by Magistrate Judge Samuel J. Horovitz on 9/25/2025. (SS)
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| Filing 29 MOTION for Extension of Time to File Uniform Case Management Report by Dustin Shane Duty. (Rodz, Aliette) Motions referred to Magistrate Judge Samuel J. Horovitz. |
| Filing 28 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Dustin Shane Duty. (Rodz, Aliette) |
| Filing 27 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by C.G. Nieto. (Szikszay, Rose) |
| Filing 26 NOTICE of Appearance by Paul A. Daragjati on behalf of C.G. Nieto (Daragjati, Paul) |
| Filing 25 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by R.R. Brooks, J.P. Garriott, R Glossman. (Mereness, Brett) |
| Filing 24 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Jacksonville Sheriff's Office. (Whiddon, Matthew) |
| Filing 23 MOTION to Dismiss Complaint by R.R. Brooks, J.P. Garriott, R Glossman. (Mereness, Brett) Modified on 9/16/2025 to edit docket text and filers (ELA). |
Filing 22
ENDORSED ORDER granting #21 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendant, Jacksonville Sheriff's Office Motion to Dismiss [D.E. 18]. Plaintiff shall have up to and including October 7, 2025, to respond to the #18 Motion to Dismiss. Signed by Magistrate Judge Samuel J. Horovitz on 9/15/2025. (SS)
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| Filing 21 Unopposed MOTION for Extension of Time to File Response to Motion to Dismiss (D.E.18) by Dustin Shane Duty. (Rodz, Aliette) Motions referred to Magistrate Judge Samuel J. Horovitz. |
Filing 20
ENDORSED ORDER granting #19 Unopposed Joint Motion for Extension of Time to File Case Management Report. The parties shall have up to and including September 24, 2025, to file their Case Management Report. Signed by Magistrate Judge Samuel J. Horovitz on 9/10/2025. (KTQ)
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| Filing 19 Joint MOTION for Extension of Time to File Case Management Report by Dustin Shane Duty. (Rodz, Aliette) Motions referred to Magistrate Judge Samuel J. Horovitz. Modified text on 9/10/2025 (MCB). |
| Filing 18 MOTION to Dismiss Plaintiff's Complaint by Jacksonville Sheriff's Office. (Whiddon, Matthew) |
Filing 17
ENDORSED ORDER granting #16 Defendants' Second Unopposed Joint Motion to Extend Deadline to Respond to Complaint. Movants shall have up to and including September 16, 2025, to respond to the #1 Complaint. Signed by Magistrate Judge Samuel J. Horovitz on 8/25/2025. (KTQ)
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| Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by R.R. Brooks, J.P. Garriott, R Glossman, Jacksonville Sheriff's Office. (Mereness, Brett) Motions referred to Magistrate Judge Samuel J. Horovitz. |
| Filing 15 NOTICE of Appearance and Designation of Email Addresses by Fernando Gabriel Oyarzun on behalf of Dustin Shane Duty (Oyarzun, Fernando) Modified text on 8/25/2025 (BD). |
| Filing 14 WAIVER of service returned executed on 08/22/2025 by Dustin Shane Duty as to C.G. Nieto. (Rodz, Aliette) |
Filing 13
ENDORSED ORDER granting #12 Defendants' Unopposed Joint Motion to Extend Deadline to Respond to Complaint. Movants shall have up to and including August 26, 2025, to respond to the #1 Complaint. Signed by Magistrate Judge Samuel J. Horovitz on 8/4/2025. (KTQ)
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| Filing 12 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint by R.R. Brooks, J.P. Garriott, R Glossman, Jacksonville Sheriff's Office. (Mereness, Brett) Motions referred to Magistrate Judge Samuel J. Horovitz. |
| Filing 11 PROOF of service by Dustin Shane Duty (Rodz, Aliette) |
| Filing 10 PROOF of service by Dustin Shane Duty (Rodz, Aliette) |
| Filing 9 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). (CKS) |
Filing 8
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective April 1, 2024, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 7/18/2025. (CKS)
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| Filing 7 PROOF of service by Dustin Shane Duty (Rodz, Aliette) |
| Filing 6 PROOF of service by Dustin Shane Duty (Rodz, Aliette) |
| Filing 5 NOTICE of Lead Counsel Designation by Aliette D. Rodz on behalf of Dustin Shane Duty. Lead Counsel: Aliette D. Rodz. (Rodz, Aliette) |
| Filing 4 NOTICE TO COUNSEL Giancarlo Cueto and Aliette Rodz of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (ARL) |
| Filing 3 SUMMONS issued as to All Defendants. (ARL) |
| Filing 2 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge Samuel J. Horovitz. New case number: 3:25-cv-787-WWB-SJH. (AA) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-23599168) filed by Dustin Shane Duty. (Attachments: #1 Civil Cover Sheet , #2 Proposed Summons - Jacksonville Sheriff's Office, #3 Proposed Summons - Detective C.G. Nieto (Badge #6148), #4 Proposed Summons -Officer J. Taylor (Badge #7808), #5 Proposed Summons - Officer J.P. Garriott (Badge #67709), #6 Proposed Summons - Officer R. Glossman (Badge #5669), #7 Proposed Summons - Supervisor R.R. Brooks (Badge #5680)(Rodz, Aliette) Modified text to remove caps and duplicate language on 7/14/2025 (AA). |
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