Hostomsky et al v. Woods et al
Plaintiff: Lissa Hostomsky and Edward C. Townsend, Jr.
Defendant: Ashlyn Whelchel, David Burgess and Billy Woods
Unknown: Edward C. Townsend, III
Case Number: 5:2024cv00497
Filed: September 9, 2024
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Philip R Lammens
Referring Judge: James S Moody
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 6, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 6, 2024 USB received containing Exhibits 1-2 Deputy Body Cam Videos. (MGB)
November 6, 2024 Filing 21 NOTICE of Lead Counsel Designation by Zackery A. Scharlepp on behalf of David Burgess, Ashlyn Whelchel, Billy Woods. Lead Counsel: ZACKERY A. SCHARLEPP. (Scharlepp, Zackery)
November 6, 2024 Filing 20 NOTICE TO COUNSEL Zackery A. Scharlepp, Brandon White 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). (EVK)
November 4, 2024 Filing 19 MOTION to Dismiss for Failure to State a Claim by All Defendants. (Attachments: #1 Exhibit Burgess Body Cam Video, #2 Exhibit Whelchel Body Cam Video)(White, Brandon)
October 29, 2024 Opinion or Order Filing 18 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 7/3/2025; Dispositive motions due by 8/22/2025; Pretrial Conference set for WEDNESDAY, DECEMBER 3, 2025, at 10:00 A.M. in Tampa Courtroom 17 before Judge James S. Moody Jr. JURY TRIAL is set on the JANUARY 2026 trial term in Tampa Courtroom 17 before Judge James S. Moody Jr. Conduct mediation hearing by 7/24/2025. Lead counsel to coordinate dates. Signed by Judge James S. Moody, Jr. on 10/29/2024. (SMB)
October 28, 2024 Filing 17 CASE MANAGEMENT REPORT. (Rush, Robert)
October 23, 2024 Filing 16 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Lissa Hostomsky. (Attachments: #1 Exhibit Letters of Administration, #2 Exhibit Order Appointing PR)(Rush, Robert)
October 22, 2024 Filing 15 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by David Burgess. (White, Brandon)
October 22, 2024 Filing 14 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Ashlyn Whelchel. (White, Brandon)
October 22, 2024 Filing 13 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Billy Woods. (White, Brandon)
October 9, 2024 Filing 12 NOTICE of Appearance by Brandon White on behalf of David Burgess, Ashlyn Whelchel, Billy Woods (White, Brandon)
October 9, 2024 Filing 11 NOTICE of Appearance by Zackery A. Scharlepp on behalf of David Burgess, Ashlyn Whelchel, Billy Woods (Scharlepp, Zackery)
September 30, 2024 Filing 10 RETURN of service executed on 09/24/2024 by Lissa Hostomsky as to Billy Woods. (Rush, Robert)
September 30, 2024 Filing 9 RETURN of service executed on 09/24/2024 by Lissa Hostomsky as to Ashlyn Whelchel. (Rush, Robert)
September 30, 2024 Filing 8 RETURN of service executed on 09/23/2024 by Lissa Hostomsky as to David Burgess. (Rush, Robert)
September 10, 2024 Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Lissa Hostomsky. Related case(s): No (Rush, Robert)
September 10, 2024 Filing 6 SUMMONS issued as to David Burgess, Ashlyn Whelchel, Billy Woods. (KME)
September 10, 2024 Filing 5 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (KAC)
September 10, 2024 Filing 4 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.02(a)(2) 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. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (KAC)
September 9, 2024 Filing 3 NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:24-cv-497-JSM-PRL. (AA)
September 9, 2024 Filing 2 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Lissa Hostomsky. (Rush, Robert)
September 9, 2024 Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-22497040) filed by Lissa Hostomsky. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons David Burgess Summons, #3 Proposed Summons Ashlyn Whelchel Summons, #4 Proposed Summons Billy Woods Summons)(Rush, Robert) Modified text on 9/10/2024 (KME).

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Search for this case: Hostomsky et al v. Woods et al
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Defendant: Ashlyn Whelchel
Represented By: Brandon White
Represented By: Zackery A. Scharlepp
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Defendant: David Burgess
Represented By: Brandon White
Represented By: Zackery A. Scharlepp
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Defendant: Billy Woods
Represented By: Brandon White
Represented By: Zackery A. Scharlepp
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Plaintiff: Lissa Hostomsky
Represented By: Robert Anthony Rush
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Plaintiff: Edward C. Townsend, Jr.
Represented By: Robert Anthony Rush
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Unknown: Edward C. Townsend, III
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