Saunders v. Sheriff of Brevard County et al
| Oberist Saunders |
| John C. Wright, Patricia Tilley, Brandy Cornelius, John Does, Juan Nunez, Robert Sedaros, Winifred J. Wang, Jennifer Tite, Tammy Mangual, Susan Jeter, Sheriff of Brevard County and Chris Bourke |
| Matthew Moats |
| 6:2014cv00877 |
| June 5, 2014 |
| U.S. District Court for the Middle District of Florida |
| Orlando Office |
| Brevard |
| Daniel C Irick |
| Gregory A Presnell |
| Prisoner Civil Rights (Prison Condition) |
| 28 U.S.C. § 1442 |
| Both |
Docket Report
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This docket was last retrieved on May 4, 2020. A more recent docket listing may be available from PACER.
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Filing 341
ORDER denying #320 Motion for New Trial. Signed by Judge Gregory A. Presnell on 5/4/2020. (LAM)
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Filing 340
ENDORSED ORDER granting #339 Unopposed Motion to Withdraw as Attorney. Matthew Emerson Moats is hereby terminated as counsel in this case. Attorney Moats is reminded that his professional obligations to clients are controlled by the Rules Regulating the Florida Bar, and not any employment agreement he has with his current or former employer, and the abandonment of a client or a case without leave may result in discipline by the Court or the Florida Bar. Signed by Magistrate Judge Daniel C. Irick on 5/1/2020. (Irick, Daniel)
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| Filing 339 Amended Unopposed MOTION for Matthew Moats to Withdraw as Attorney for Plaintiff by Matthew Moats. (Moats, Matthew) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 5/1/2020 (MEJ). |
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Filing 338
ENDORSED ORDER denying without prejudice #336 Unopposed Motion to Withdraw as Attorney, for a failure to comply with Local Rule 2.03(b). Having an "understanding" that notice was given to his client is insufficient to comply with the Rule. Counsel is admonished for apparently abandoning this litigation without leave of Court after having made a general appearance. Signed by Magistrate Judge Daniel C. Irick on 4/20/2020. (Irick, Daniel)
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Filing 337
ENDORSED ORDER granting #335 Motion to Withdraw as Attorney. Ronika Julleen Carter is hereby terminated as counsel in this case. However, counsel is directed to update her contact information in the CM/ECF system. Once again, counsel is personally responsible to her clients and to the Court - lack of access to a law firm email account is no reason to fail to update information within CM/ECF or fail to file a motion to withdraw as counsel when a client-relationship terminates. Signed by Magistrate Judge Daniel C. Irick on 4/20/2020. (Irick, Daniel)
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| Filing 336 Unopposed MOTION for Matthew Moats to Withdraw as Attorney for Plaintiff by Matthew Moats. (Moats, Matthew) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 335 Unopposed MOTION for Ronika J. Carter to Withdraw as Attorney of Record by Oberist Saunders. (Carter, Ronika) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 333
ENDORSED ORDER granting in part and denying in part #329 Motion to Withdraw as Counsel. The Motion is granted as to Attorney Coleman W. Watson, who is hereby terminated as counsel in this case. The Motion is denied as to Attorney Leia Leitner for the reasons stated on the record at the hearing and because there are no compelling ethical considerations for withdrawal, which, at this late stage, would likely cause continuance or delay. See Local Rule 2.03(c). Signed by Magistrate Judge Daniel C. Irick on 4/15/2020. (Irick, Daniel)
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| Filing 332 Minute Entry. Proceedings held before Magistrate Judge Daniel C. Irick: TELEPHONIC MOTION HEARING held on 4/15/2020 re #329 Unopposed MOTION to Withdraw as Counsel filed by Oberist Saunders. (Digital) (RN) |
| Filing 331 RESPONSE in Opposition re #320 MOTION for New Trial filed by Sheriff of Brevard County. (Tueche, Erin) |
| Filing 330 NOTICE of Telephonic Hearing on motion re #329 Unopposed MOTION to Withdraw as Counsel. Motion Hearing set for 4/15/2020 at 10:00 AM before Magistrate Judge Daniel C. Irick. At least five minutes before the hearing is scheduled to begin, the parties shall call 1-877-336-1829, and use access code 1180142. The parties shall immediately notify the Court if they resolve all or a part of the pending motion set for hearing.(RN) |
| Filing 329 Unopposed MOTION to Withdraw as Counsel by Oberist Saunders. (Leitner, Leia) |
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Filing 328
ENDORSED ORDER denying without prejudice #327 Motion to Withdraw as Attorney. The four attorneys seeking to withdraw provided no explanation why they cannot continue to represent Plaintiff, especially at this late stage of the case and after at least two of those attorneys represented Plaintiff at trial. Further, the Court recognizes appearances by attorneys, not law firms. Signed by Magistrate Judge Daniel C. Irick on 4/3/2020. (Irick, Daniel)
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| Filing 327 Unopposed MOTION for Coleman Watson, Leia Leitner, Albert Montequin, Ronika Carter, Matthew Moats to Withdraw as Attorney by Oberist Saunders. (Leitner, Leia) Motions referred to Magistrate Judge Daniel C. Irick. |
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Filing 326
ENDORSED ORDER granting #325 Motion for Extension of Time to File Response re #320 MOTION for New Trial . Defendant's response is now due 4/10/2020. Signed by Judge Gregory A. Presnell on 4/2/2020. (LAM)
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| Filing 325 Second Unopposed MOTION for Extension of Time to File Response/Reply as to #320 MOTION for New Trial by Sheriff of Brevard County. (Tueche, Erin) Modified on 4/2/2020 (MEJ). |
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Filing 324
ENDORSED ORDER granting #323 Motion for Extension of Time to File Response to #320 MOTION for New Trial Response due by 4/3/2020. Signed by Judge Gregory A. Presnell on 3/9/2020. (LAM)
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| Filing 323 Unopposed MOTION for Extension of Time to File Response/Reply as to #320 MOTION for New Trial by Sheriff of Brevard County. (Tueche, Erin) |
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Filing 322
ORDER re #321 Notice of compliance filed by counsel for Oberist Saunders. The request within the notice is GRANTED in part. All case deadlines are suspended until further order of the Court, except for the response due from the defendant on the pending motion for new trial filed at Doc. 320. Signed by Judge Gregory A. Presnell on 3/6/2020. (LAM)
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| Filing 321 NOTICE of Compliance by Oberist Saunders (Leitner, Leia) Modified on 3/6/2020 (RDO). |
| Filing 320 MOTION for New Trial with Incorporated Memorandum of Law by Oberist Saunders. (Leitner, Leia) Modified on 3/5/2020 (MEJ). |
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Filing 319
ORDER REMANDING case to the Circuit Court of the Eighteenth Judicial Circuit in and for Brevard County, Florida. Signed by Judge Gregory A. Presnell on 2/5/2020. (LAM)
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| Filing 318 CLERK'S JUDGMENT in favor of Sheriff of Brevard County against Oberist Saunders. Signed by Deputy Clerk on 2/5/2020. (LAM) |
| Filing 317 REPLY to Response to Motion re #313 MOTION for summary judgment on counterclaim for cost of incarceration filed by Sheriff of Brevard County. (Attachments: #1 Exhibit A - 3-12-19 Judgment Order of Probation, #2 Exhibit B - 3-12-19 VOP Criminal Punishment Code Scoresheet)(Tueche, Erin) |
| Filing 316 BILL OF COSTS taxed against Oberist Saunders in the amount of $10,300.73. Signed by Clerk of Court. (RDO) |
| Filing 315 MEMORANDUM in Opposition re #313 Motion for Summary Judgment on Counterclaim for Costs of Incarceration filed by Oberist Saunders. (Watson, Coleman) Modified on 1/22/2020 (MEJ). |
| Set/reset deadlines/hearings: Replies due by 1/21/2020. (MEJ) |
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Filing 314
MILBURN ORDER re #313 MOTION for summary judgment on counterclaim for cost of incarceration filed by Sheriff of Brevard County. Plaintiff/Counter-Defendant will be allowed until January 21, 2020, to file a responsive memorandum. Defendant/Counter-Plaintiff may file a reply brief, not exceeding ten (10) pages, within fourteen (14) days after the response is served. The parties shall electronically file all exhibits in support of their papers. The parties will be advised if paper copies of any or all exhibits will be required. The Court prefers transcripts in full-page format. Signed by Judge Gregory A. Presnell on 12/19/2019. (LAM)
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| Filing 313 MOTION for summary judgment on counterclaim for cost of incarceration by Sheriff of Brevard County. (Tueche, Erin) |
| Filing 312 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Nikki L. Peters. (NLP) |
| Filing 311 TRANSCRIPT of Jury Trial, Volume III held on November 20, 2019 before Judge Gregory A. Presnell. Court Reporter/Transcriber Nikki Peters,Telephone number [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 1/3/2020, Redacted Transcript Deadline set for 1/13/2020, Release of Transcript Restriction set for 3/12/2020. (NLP) |
| Filing 310 TRANSCRIPT of Jury Trial, Volume II held on November 19, 2019 before Judge Gregory A. Presnell. Court Reporter/Transcriber Nikki Peters,Telephone number [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 1/3/2020, Redacted Transcript Deadline set for 1/13/2020, Release of Transcript Restriction set for 3/12/2020. (NLP) |
| Filing 309 TRANSCRIPT of Jury Trial, Volume I held on November 18, 2019 before Judge Gregory A. Presnell. Court Reporter/Transcriber Nikki Peters,Telephone number [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 1/3/2020, Redacted Transcript Deadline set for 1/13/2020, Release of Transcript Restriction set for 3/12/2020. (NLP) |
| Filing 308 AFFIDAVIT of James Cochran re: #307 Response in Opposition to Motion by Sheriff of Brevard County. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Tueche, Erin) |
| Filing 307 RESPONSE in Opposition re #261 MOTION for Judgment on the Pleadings, or Alternatively, Summary Judgment on Counterclaim (Doc. 114 at 9) filed by Sheriff of Brevard County. (Attachments: #1 Exhibit A)(Tueche, Erin) Modified on 12/13/2019 (MEJ). |
| Filing 306 PROPOSED BILL OF COSTS by Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Attachments: #1 Itemization of Costs)(Tueche, Erin) |
| Set/reset deadlines as to #261 MOTION for judgment on the pleadings or alternatively, summary judgment, as to Counterclaim (Doc. 114 at 9). Responses due by 12/12/2019 (RDO) |
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Filing 305
ENDORSED ORDER granting #304 Unopposed Motion for Extension of Time to File Response to #261 Motion for judgment on the pleadings or alternatively, summary judgment, as to Counterclaim (Doc. 114 at 9). Response due by 12/12/2019. Signed by Magistrate Judge Daniel C. Irick on 11/26/2019. (Irick, Daniel)
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| Filing 304 Unopposed MOTION for Extension of Time to File Response/Reply as to #261 MOTION for judgment on the pleadings or alternatively, summary judgment, as to Counterclaim (Doc. 114 at 9) by Sheriff of Brevard County. (Tueche, Erin) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 303 AMENDED MINUTES re #294 Jury Trial - Held. The document was amended only to add the juror lunch order, to comply with Clerk's office requirements. (LAM) |
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Filing 302
ORAL ORDER denying as moot 289 Motion for Judgment as a Matter of Law. Rendered by Judge Gregory A. Presnell in open court on 11/20/2019. (LAM)
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| Filing 301 JURY VERDICT. The jury finds in favor of the defendant. (LAM) |
| Filing 300 COURT'S EXHIBIT LIST for the jury trial ending 11/20/2019. (LAM) ((Additional attachment(s) added on 11/22/2019: #1 Exhibit 1 (SEALED)) (LAM). |
| Filing 299 DEFENDANT'S EXHIBIT LIST "A" for the jury trial ending 11/20/2019. (LAM) (Additional attachment(s) added on 11/22/2019: #1 Exhibit 1 - part 1, #2 Exhibit 1 - part 2, #3 Exhibit 1 - part 3, #4 Exhibit 1 - part 4, #5 Exhibit 1 - part 5, #6 Exhibit 1 - part 6, #7 Exhibit 1 - part 7, #8 Exhibit 1 - part 8, #9 Exhibit 3, #10 Exhibit 5 - part 1, #11 Exhibit 5 - part 2, #12 Exhibit 18, #13 Exhibit 20, #14 Exhibit 21, #15 Exhibit 25, #16 Exhibit 26, #17 Exhibit 27, #18 Exhibit 28, #19 Exhibit 29, #20 Exhibit 36, #21 Exhibit 37) (AKC). |
| Filing 298 PLAINTIFF'S EXHIBIT LIST "B" for the jury trial ending 11/20/2019. (LAM) (Additional attachment(s) added on 11/22/2019: #1 Exhibit 36 - IDENTIFIED ONLY) (AKC). |
| Filing 297 PLAINTIFF'S EXHIBIT LIST "A" for the jury trial ending 11/20/2019. (LAM) (Additional attachment(s) added on 11/22/2019: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11, #12 Exhibit 12, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15, #16 Exhibit 16, #17 Exhibit 17, #18 Exhibit 18, #19 Exhibit 19, #20 Exhibit 20, #21 Exhibit 21, #22 Exhibit 23, #23 Exhibit 27, #24 Exhibit 29, #25 Exhibit 30, #26 Exhibit 32) (AKC). |
| Filing 296 JURY INSTRUCTIONS (Final) as read to and provided to the jury for their deliberations. (LAM) |
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Filing 295
ENDORSED ORDER. The Clerk is directed to provide lunch for the jurors for their deliberations on 11/20/2019. Signed by Judge Gregory A. Presnell on 11/20/2019. (LAM)
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| Filing 294 Minute Entry for jury trial (day three - final) proceedings held before Judge Gregory A. Presnell on 11/20/2019. Court Reporter: Nikki L. Peters. (LAM) |
| Filing 293 NOTICE of supplemental authority re 289 MOTION for judgment as a matter of law by Oberist Saunders. (Attachments: #1 Exhibit, #2 Exhibit)(Watson, Coleman) |
| Filing 292 VERDICT FORM (Version Two) for counsel's review. (LAM) |
| Filing 291 JURY INSTRUCTIONS (Version Two) for counsel's review. (LAM) |
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Filing 290
ORAL ORDER taking under advisement 289 Motion and Renewed Motion for Judgment as a Matter of Law. Rendered in open court by Judge Gregory A. Presnell on 11/19/2019. (LAM)
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| Filing 289 ORE TENUS MOTION AND RENEWED MOTION for judgment as a matter of law, made in open court by counsel for Sheriff of Brevard County. (LAM) |
| Filing 288 Minute Entry for jury trial (day two) proceedings held before Judge Gregory A. Presnell on 11/19/2019. Court Reporter: Nikki L. Peters. (LAM) |
| Filing 287 Minute Entry for jury trial (day one) proceedings held before Judge Gregory A. Presnell on 11/18/2019. Court Reporter: Nikki L. Peters. (LAM) |
| Filing 286 VERDICT FORM (Version One) for counsel's review before charge conference. (LAM) |
| Filing 285 Second Corrected Exhibit List "A" by Sheriff of Brevard County. (Tueche, Erin) Modified on 11/18/2019 (BIA). |
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Filing 284
ORDER re #279 Amended Deposition Designations as to Major James Dodson filed by Oberist Saunders. The noted objections are OVERRULED. Signed by Judge Gregory A. Presnell on 11/15/2019. (LAM)
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| Filing 283 JURY INSTRUCTIONS (Version One) for counsel's review prior to trial and for charge conference during trial. (LAM) |
| Filing 282 MEMORANDUM in support re #266 Proposed Jury Instructions filed by Oberist Saunders. (Watson, Coleman) |
| Filing 281 MEMORANDUM in support re #264 Proposed Jury Instructions filed by Sheriff of Brevard County. (DeBevoise, D.) |
| Filing 280 THIS DOCUMENT WAS REFILED AT DOC. 281 by Sheriff of Brevard County. The PDF attachment has been removed from this entry. (DeBevoise, D.) Modified on 11/15/2019 (LAM). |
| Filing 279 AMENDED DEPOSITION DESIGNATIONS of James Dodson taken on April 19, 2016 re #258 Deposition by Oberist Saunders. (Watson, Coleman) Modified on 11/15/2019 (RDO). |
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Filing 278
ORDER denying without prejudice #245 Motion in Limine; denying #250 Motion in Limine. Signed by Judge Gregory A. Presnell on 11/14/2019. (LAM)
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Filing 277
ENDORSED ORDER denying #274 Motion to be Withdrawn from Electronic Notification. If counsel seek to withdraw, they shall comply with Local Rule 2.03. Otherwise, they are appropriately receiving notice pursuant to CM/ECF regardless of the dismissal of their client from the action. Signed by Magistrate Judge Daniel C. Irick on 11/14/2019. (Irick, Daniel)
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| Filing 276 Minute Entry for pretrial status proceedings held before Judge Gregory A. Presnell on 11/14/2019. Court Reporter: Nikki L. Peters. (LAM) |
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Filing 275
ORDER ruling on deposition designations. Signed by Judge Gregory A. Presnell on 11/14/2019. (LAM)
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| Filing 274 MOTION to Withdraw by Robert Sedaros. (Seacord, Pierre) |
| Filing 273 MEMORANDUM in opposition re #245 Motion in Limine filed by Oberist Saunders. (Leitner, Leia) |
| Filing 272 Corrected Exhibit List "A" by Sheriff of Brevard County. (DeBevoise, D.) Modified on 11/14/2019 (BIA). |
| Filing 271 Exhibit List "A" by Sheriff of Brevard County. (DeBevoise, D.) |
| Filing 270 NOTICE OF RESCHEDULING HEARING: The status conference hearing previously scheduled for 11/13/19 is rescheduled. New scheduling date and time: Status Conference set for 11/14/2019 at 10:30 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell (MAF) |
| Filing 269 Witness List "A" by Sheriff of Brevard County. (DeBevoise, D.) Modified on 11/14/2019 (BIA). |
| Filing 268 NOTICE of hearing: Status Conference set for 11/13/2019 at 10:30 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (LAM) |
| Filing 267 PROPOSED verdict form filed byOberist Saunders. (Watson, Coleman) |
| Filing 266 Proposed Jury Instructions by Oberist Saunders. (Watson, Coleman) |
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Filing 265
ORDER granting in part and denying in part #247 Motion in Limine. The motion is GRANTED as to the offenses listed at paragraphs a) through f) on page two of Doc. 262. The motion is DENIED as to the other Kenny offenses and the Whiteley offenses. Signed by Judge Gregory A. Presnell on 11/13/2019. (LAM)
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| Filing 264 Proposed Jury Instructions by Sheriff of Brevard County. (DeBevoise, D.) |
| Filing 263 PROPOSED verdict form filed bySheriff of Brevard County. (DeBevoise, D.) |
| Filing 262 RESPONSE to Motion re #247 MOTION in limine with Incorporated Memorandum of Law filed by Sheriff of Brevard County. (Attachments: #1 Exhibit)(DeBevoise, D.) |
| Filing 261 MOTION for judgment on the pleadings or alternatively, summary judgment, as to Counterclaim (Doc. #114 at 9) by Oberist Saunders. (Watson, Coleman) Modified on 11/13/2019 (BIA). |
| Filing 260 Witness List by Oberist Saunders. (Watson, Coleman) |
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Filing 259
ORDER granting #249 Plaintiff's Motion to allow additional electronic equipment for trial and tech meeting. Signed by Judge Gregory A. Presnell on 11/12/2019. (LAM)
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| Filing 258 DEPOSITION of James Dodson taken on April 19, 2016 by Oberist Saunders. with Trial Testimony Designations. (Attachments: #1 Deposition Part 2, #2 Exhibit Exhibit 2, #3 Exhibit Deposition Designation Report)(Watson, Coleman) |
| Filing 257 DEPOSITION of Jeff Jarvis taken on April 19, 2016 by Oberist Saunders. with Trial Testimony Designations. (Attachments: #1 Exhibit Composite Exhibit 3, #2 Exhibit Deposition Designation Report)(Watson, Coleman) |
| Filing 256 DEPOSITION of Dr. Rafael Perez-Espejo taken on April 26, 2016 by Oberist Saunders. with Trial Testimony Designations. (Attachments: #1 Exhibit Deposition Designation Report)(Watson, Coleman) |
| Filing 255 DEPOSITION of Susan Jeter taken on March 18, 2016 by Oberist Saunders. with Trial Testimony Designations. (Attachments: #1 Exhibit Deposition Designation Report)(Watson, Coleman) |
| Filing 254 DEPOSITION of Frank Whiteley taken on April 27, 2016 by Oberist Saunders. with Trial Testimony Designations. (Attachments: #1 Exhibit Deposition Designation Report)(Watson, Coleman) |
| Filing 253 DEPOSITION of Darryl Kenney taken on April 27, 2016 by Oberist Saunders. with Trial Testimony Designations. (Attachments: #1 Exhibit Deposition Designation Report)(Watson, Coleman) |
| Filing 252 Exhibit List (B List) by Oberist Saunders. (Watson, Coleman) |
| Filing 251 Exhibit List (A List) by Oberist Saunders. (Watson, Coleman) |
| Filing 250 MOTION in limine regarding Trial Testimony of Dr. Rafael Perez-Espejo and David Thomas by Oberist Saunders. (Attachments: #1 Exhibit A, #2 Exhibit B)(Watson, Coleman) |
| Filing 249 Unopposed MOTION to allow electronic equipment, specifically Additional Technology Equipment by Oberist Saunders. (Watson, Coleman) |
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Filing 248
ENDORSED ORDER directing Sheriff of Brevard County to respond to #247 MOTION in limine with Incorporated Memorandum of Law. Response due by 11/14/2019. Signed by Judge Gregory A. Presnell on 11/8/2019. (LAM)
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| Filing 247 MOTION in limine with Incorporated Memorandum of Law by Oberist Saunders. (Watson, Coleman) |
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Filing 246
ENDORSED ORDER directing Oberist Saunders to respond to #245 Second MOTION in limine regarding exclusion of medical opinion testimony by plaintiff. Response due by 11/14/2019. Signed by Judge Gregory A. Presnell on 11/8/2019. (LAM)
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| Filing 245 Second MOTION in limine regarding exclusion of medical opinion testimony by plaintiff by Sheriff of Brevard County. (Tueche, Erin) |
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Filing 244
ORDER granting #239 Defendant's Motion in Limine. Signed by Judge Gregory A. Presnell on 10/21/2019. (LAM)
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| Filing 243 MEMORANDUM in opposition re #239 Motion in Limine Regarding the 2019 Incident Report filed by Oberist Saunders. (Leitner, Leia) |
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Filing 242
TRIAL ORDER for the jury trial commencing 11/18/2019. Signed by Judge Gregory A. Presnell on 10/11/2019. (LAM)
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| Filing 241 Minute Entry for final pretrial proceedings held before Judge Gregory A. Presnell on 10/10/2019. Court Reporter: Suzanne L. Trimble. (LAM) |
| Filing 240 SUPPLEMENT re #226 Pretrial statement and Clarification by Sheriff of Brevard County. (DeBevoise, D.) |
| Filing 239 MOTION in limine and Memorandum of Supporting Legal Authority regarding the March 2019 Incident Report by Sheriff of Brevard County. (DeBevoise, D.) |
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Filing 238
ORDER granting #236 motion to amend/correct pretrial statement. Signed by Judge Gregory A. Presnell on 9/24/2019. (TKW)
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| Filing 237 RESPONSE in Opposition re #236 MOTION to Amend/Correct #226 Pretrial statement filed by Sheriff of Brevard County. (Tueche, Erin) |
| Filing 236 MOTION to Amend/Correct #226 Pretrial statement by Oberist Saunders. (Attachments: #1 Exhibit Composite Exhibit "A")(Leitner, Leia) |
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Filing 235
ORDER denying #231 Motion for summary judgment. The Court finds no reason to permit amendment of the joint pretrial statement or to grant summary judgment. The Defendant Sheriff's Motion (Doc. 231) is DENIED. Signed by Judge Gregory A. Presnell on 7/9/2019. (MAF)
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| Filing 234 MEMORANDUM in opposition re #231 Motion for summary judgment filed by Oberist Saunders. (Watson, Coleman) |
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Filing 233
ENDORSED ORDER granting #232 Motion for Extension of Time to File Response/Reply re #232 Unopposed MOTION for Extension of Time to File Response/Reply as to #231 MOTION to Amend Joint Pretrial Statement as to issues to be tried, and associated motion for summary judgment based on the law of the case Responses due by 7/5/2019. Signed by Judge Gregory A. Presnell on 6/14/2019. (Presnell, Gregory)
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| Filing 232 Unopposed MOTION for Extension of Time up to and including 7/5/19 to File Response/Reply as to #231 MOTION to Amend Joint Pretrial Statement as to issues to be tried, and associated motion for summary judgment based on the law of the case by Oberist Saunders. (Leitner, Leia) Motions referred to Magistrate Judge Daniel C. Irick. Modified on 6/14/2019 (LMM). |
| Filing 231 MOTION to Amend Joint Pretrial Statement as to issues to be tried, and associated motion for summary judgment by Sheriff of Brevard County. (DeBevoise, D.) Modified on 6/5/2019 (LMM). |
| Filing 230 NOTICE OF RESCHEDULING HEARING: The final pretrial conference hearing previously scheduled for 7/11/19 is rescheduled. New scheduling date and time: Final Pretrial Conference set for 10/10/2019 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell (TKW) |
| Filing 229 NOTICE of date certain for trial: Jury Trial set for 11/18/2019 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (TKW) |
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Filing 228
ORDER granting #227 Motion to Continue. The case will be rescheduled on the trial docket by separate order. Signed by Judge Gregory A. Presnell on 6/3/2019. (TKW)
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| Filing 227 Joint MOTION to Continue Trial or in the Alternative to Consent to Magistrate Jurisdiction in Order to Obtain a Later Trial Date by Sheriff of Brevard County. (Tueche, Erin) |
| Filing 226 Amended Joint Final PRETRIAL statement by Oberist Saunders. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit Composite G, #8 Exhibit Composite G, #9 Exhibit Composite G)(Watson, Coleman) Modified on 5/8/2019 (LMM). |
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Filing 225
ENDORSED ORDER granting #224 Motion for Extension of Time to File PTS. Signed by Judge Gregory A. Presnell on 4/24/2019. (Presnell, Gregory)
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| Set/reset scheduling order deadlines: Joint Pretrial statement due by 5/7/2019 (LMM) |
| Filing 224 Joint MOTION for Extension of Time to File Joint Pretrial Statement by Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) |
| Set/reset scheduling order deadlines: revised joint Pretrial statement due by 4/30/2019, Final Pretrial Conference set for 7/11/2019 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial set for 7/29/2019 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (LMM) |
| Filing 223 ENDORSED NOTICE of hearing re: #222 Order lifting stay and setting trial. Final Pretrial Conference set for 7/11/2019 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial set for 7/29/2019 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (TKW) |
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Filing 222
ORDER lifting stay. The parties shall submit, by April 30, 2019, a revised joint pretrial statement concerning the Monell claim against Sheriff Ivey. The case is scheduled for a jury trial on July 29, 2019, at 9:15 a.m. at the U.S. Courthouse, 401 West Central Blvd, Courtroom 5A, Orlando, Florida 32801 and for a final pretrial conference on July 11, 2019, at 1:30 p.m. Signed by Judge Gregory A. Presnell on 4/17/2019. (TKW)
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| Filing 221 NOTICE of Appearance by Matthew Emerson Moats on behalf of Oberist Saunders (Moats, Matthew) |
| Filing 220 Notification from the U.S. Court of Appeals, 11th Circuit, that WRIT OF CERTIORARI has been denied by the U.S. Supreme Court as to #201 Notice of Interlocutory Appeal filed by Sheriff of Brevard County, Susan Jeter, John C. Wright. Issued on 03/18/2019. The court's mandate having previously issued, no further action will be taken by this court. (ALL) |
| Case Stayed. (LMM) |
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Filing 219
ENDORSED ORDER granting #216 Motion to extend time or alternatively stay. This case is stayed pending disposition of Plaintiff's Petition for Writ of Certiorari in the United States Supreme Court. Signed by Judge Gregory A. Presnell on 9/21/2018. (TKW)
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| Filing 218 NOTICE of Appearance by Ronika Julleen Carter on behalf of Oberist Saunders (Carter, Ronika) |
| Filing 217 NOTICE of Appearance by Leia Villasenor Leitner on behalf of Oberist Saunders (Leitner, Leia) |
| Filing 216 Unopposed MOTION to extend time to File Revised Joint Pretrial Statement, or Alternatively, Agreed Motion to Stay Pending Resolution of Writ of Certiorari by Oberist Saunders. (Watson, Coleman) |
| Filing 215 NOTICE of intent to file Petition for Writ of Certiorari by Oberist Saunders re #214 Order (Watson, Coleman) Modified on 9/18/2018 (LMM). |
| Set/reset scheduling order deadlines: Revised Joint Pretrial statement due by 9/28/2018. (LMM) |
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Filing 214
ORDER re #211 USCA opinion/order that the parties shall submit, by September 28, 2018, a revised joint pretrial statement concerning the Monell claim against Sheriff Ivey. The trial will be set for the Court's trial term beginning January 2, 2019. Signed by Judge Gregory A. Presnell on 9/14/2018. (TKW)
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| Filing 213 MANDATE of USCA as to #201 Notice of Interlocutory Appeal filed by Sheriff of Brevard County, Susan Jeter, John C. Wright. Issued as Mandate: 07/24/2018. USCA number: 16-17607. DISMISSED and REVERSED. (ALL) |
| Filing 212 NOTICE of Intent to File Petition for Rehearing En Banc by Oberist Saunders re #211 USCA opinion/order (Watson, Coleman) Modified on 5/25/2018 (LMM). |
| Filing 211 OPINION of USCA as to #201 Notice of Interlocutory Appeal filed by Sheriff of Brevard County, Susan Jeter, John C. Wright. EOD: 05/17/2018; Mandate to issue at a later date. USCA number: 16-17607. DISMISSED and REVERSED. (ALL) |
| TRANSMITTAL to USCA 2 Compact Disks containing video exhibits in re doc. 102 re #201 Notice of Interlocutory Appeal. USCA number: 16-17607-BB. (JLC) |
| Filing 210 Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #201 Notice of Interlocutory Appeal. The following documents will be forwarded in paper format upon the request for the record on appeal by the USCA in addition to the electronic record. Volume of exhibits: 2 Compact Disks containing video exhibits in re doc. #102 (JLC) |
| Filing 209 NOTIFICATION that transcript has been filed by Suzanne L. Trimble re: #201 Notice of Interlocutory Appeal. USCA number: 16-17607-G. (SLT) |
| Filing 208 NOTICE to counsel of filing of OFFICIAL TRANSCRIPT. The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such Notice is filed, the transcript may be made remotely electronically available to the public without redaction after 90 calendar days. Any party needing a copy of the transcript to review for redaction purposes may purchase a copy from the court reporter or view the document at the clerk's office public terminal. Court Reporter: Suzanne L. Trimble. (SLT) |
| Filing 207 TRANSCRIPT of Final Pretrial Conference and Motions in Limine held on 9/15/16 before Judge Gregory A. Presnell. Court Reporter Suzanne L. Trimble, [email protected]. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter.. Redaction Request due 2/1/2017, Redacted Transcript Deadline set for 2/13/2017, Release of Transcript Restriction set for 4/11/2017. (SLT) |
| Filing 206 TRANSCRIPT information form filed by Susan Jeter, Sheriff of Brevard County, John C. Wright for proceedings held on September 15, 2016 before Judge Gregory A. Presnell re #201 Notice of Interlocutory Appeal. USCA number: 16-17607. (Poulton, Thomas) |
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Filing 205
ORDER denying without prejudice #164 Motion for Sanctions. This motion can be renewed after the interlocutory appeal is concluded. Signed by Judge Gregory A. Presnell on 1/3/2017. (TKW)
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| USCA appeal fees received $ 505 receipt number Orl-59323 re #201 Notice of Interlocutory Appeal filed by Sheriff of Brevard County, Susan Jeter, John C. Wright (JEV) |
| Filing 204 NOTICE canceling trial scheduled for January 23, 2017 (TKW) |
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Filing 203
ORDER re #201 Notice of Interlocutory Appeal filed by Sheriff of Brevard County, Susan Jeter, John C. Wright. In light of the Notice of Interlocutory Appeal (Doc. #201), the trial of this case scheduled to begin January 23, 2017 is hereby postponed until further order of the Court. Signed by Judge Gregory A. Presnell on 12/19/2016. (TKW)
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| Filing 202 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #201 Notice of Interlocutory Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (RDO) |
| Filing 201 NOTICE OF INTERLOCUTORY APPEAL as to #200 Order on motion for summary judgment by Susan Jeter, Sheriff of Brevard County, John C. Wright. Filing fee not paid. (Tueche, Erin) |
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Filing 200
ORDER granting in part and denying in part #169 Motion for summary judgment. Signed by Judge Gregory A. Presnell on 11/21/2016. (LAM)
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| Filing 199 Case Reassigned to Magistrate Judge Daniel C. Irick. New case number: 6:14-cv-877-ORL-31-DCI. Magistrate Judge David A. Baker no longer assigned to the case. (EJS) |
| Filing 198 Modified WRIT of habeas corpus ad testificandum issued as to Oberist Saunders. Signed by Judge Gregory A. Presnell on 9/20/2016. (LMM) |
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Filing 197
ORDER granting #191 motion for issuance of Writs of Habeas Corpus Ad Testificandum. WRIT of Habeas Corpus Ad Testificandum issued as to Darryl Kenney and Frank Whiteley.. Signed by Judge Gregory A. Presnell on 9/20/2016. (LMM)
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| Filing 196 NOTICE OF RESCHEDULING TRIAL: With consent of the parties, the jury trial previously scheduled for date certain 11/16/2016 is rescheduled. New scheduling date and time: Jury Trial set for date certain 1/23/2017 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. It is estimated this trial will be three days in length. Copies mailed.(LAM) |
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Filing 195
ORDER deferring ruling on #164 Motion for Sanctions; granting in part and denying in part #186 Motion in Limine. Signed by Judge Gregory A. Presnell on 9/16/2016. Copies mailed. (LAM)
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Filing 194
TRIAL MANAGEMENT ORDER: Jury Trial set for date certain 11/16/2016 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Signed by Judge Gregory A. Presnell on 9/16/2016. Copies mailed.(LAM)
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| Filing 193 Minute Entry for Final Pretrial Conference and Motions Hearing held before Judge Gregory A. Presnell on 9/15/2016. Court Reporter: Suzanne L. Trimble. (LAM) |
| Filing 192 NOTICE of supplemental authority re #169 MOTION for summary judgment by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (DeBevoise, D.) |
| Filing 191 Unopposed MOTION for issuance of Writs of Habeas Corpus Ad Testificandum as to Incarcerated Prisoners by Oberist Saunders. (Watson, Coleman) Motions referred to Magistrate Judge David A. Baker. |
| Filing 190 MEMORANDUM in opposition re #186 Motion in Limine filed by Oberist Saunders. (Attachments: #1 Exhibit)(Watson, Coleman) |
| Filing 189 NOTICE of hearing (at pretrial conference) on #164 MOTION for sanctions for Spoliation of Evidence. Motion Hearing set for 9/15/2016 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (LMM) |
| Filing 188 WRIT of habeas corpus ad testificandum issued as to Oberist Saunders. Signed by Judge Gregory A. Presnell on 8/30/2016. (LMM) |
| Filing 187 NOTICE of hearing (at pretrial conference) on #186 MOTION in limine . Motion Hearing set for 9/15/2016 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. (TKW) |
| Filing 186 MOTION in limine by Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) |
| Filing 185 Joint Final PRETRIAL statement by Oberist Saunders. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit)(Watson, Coleman) Modified on 8/15/2016 (LMM). |
| Filing 184 REPLY to Response to Motion re #169 MOTION for summary judgment filed by Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) |
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Filing 183
ORDER re #182 Stipulation of Dismissal filed by Oberist Saunders that all claims in the Third Amended Complaint against Defendant Brandy Cornelius are dismissed, each party to bear its own fees and costs. Any pending motions as to this defendant are DENIED as moot. The Clerk is directed to terminate this defendant. Signed by Judge Gregory A. Presnell on 7/13/2016. (TKW)
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| Filing 182 Joint STIPULATION of Dismissal As To Defendant Brandy Cornelius by Oberist Saunders. (Watson, Coleman) Modified on 7/13/2016 (LMM). |
| Filing 181 MEMORANDUM in opposition re #169 Motion for summary judgment filed by Oberist Saunders. (Attachments: #1 Exhibit Whiteley Deposition, #2 Exhibit Kenney Deposition, #3 Exhibit Watson Declaration, #4 Exhibit Dodson Deposition, #5 Exhibit Jarvis Deposition)(Watson, Coleman) |
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Filing 180
ORDER granting in part and denying in part #161 Motion to Compel Adequate Response as to Interrogatory Three. Plaintiff shall serve an amended interrogatory within 7 days from the date of this Order. Defendants shall serve an amended answer to the interrogatory within 14 days. Signed by Magistrate Judge David A. Baker on 6/24/2016. (EJS)
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| Filing 179 Minute Entry. Proceedings held before Magistrate Judge David A. Baker: Discovery Telephonic Hearing held on 6/24/2016. (digital) (HSL) |
| Filing 178 NOTICE OF HEARING - Telephonic Hearing on Motion #161 MOTION to Compel Adequate Response as to Interrogatory Three: Motion Hearing set for 6/24/2016 at 11:00 AM in Orlando Courtroom 6D before Magistrate Judge David A. Baker. Signed by Magistrate Judge David A. Baker on 6/14/2016. (EJS) |
| Filing 177 AFFIDAVIT of James Dodson re: #169 MOTION for summary judgment by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Attachments: #1 Exhibit 1, #2 Exhibit 1, #3 Exhibit 1, #4 Exhibit 1, #5 Exhibit 1, #6 Exhibit 2, #7 Exhibit 2, #8 Exhibit 2, #9 Exhibit 2, #10 Exhibit 2, #11 Exhibit 2, #12 Exhibit 2, #13 Exhibit 2, #14 Exhibit 2, #15 Exhibit 2, #16 Exhibit 2, #17 Exhibit 2, #18 Exhibit 2, #19 Exhibit 2, #20 Exhibit 2, #21 Exhibit 2, #22 Exhibit 2, #23 Exhibit 2, #24 Exhibit 2, #25 Exhibit 2, #26 Exhibit 3, #27 Exhibit 4)(Tueche, Erin) |
| Filing 176 AFFIDAVIT of John Wright re: #169 MOTION for summary judgment by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) |
| Filing 175 AFFIDAVIT of Brandy Cornelius re: #169 MOTION for summary judgment by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) |
| Filing 174 DEPOSITION of Sharon Malinowski taken on April 19, 2016 re #169 MOTION for summary judgment by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. . (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit)(Tueche, Erin) |
| Filing 173 DEPOSITION of Susan Jeter taken on March 18, 2016 re #169 MOTION for summary judgment by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. . (Attachments: #1 Exhibit 12, #2 Exhibit 13, #3 Exhibit 14)(Tueche, Erin) Modified on 6/6/2016 (LMM). |
| Filing 172 DEPOSITION of Dr. Rafael Perez-Espejo taken on April 26, 2016 re #169 MOTION for summary judgment by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. . (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Tueche, Erin) |
| Filing 171 DEPOSITION of Patricia Tilley taken on April 1, 2016 re #169 MOTION for summary judgment by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. . (Tueche, Erin) |
| Filing 170 DEPOSITION of Oberist Saunders taken on February 23, 2016 re #169 MOTION for summary judgment by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. . (Attachments: #1 Exhibit Word Index and Exhibits)(Tueche, Erin) |
| Filing 169 MOTION for summary judgment by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) |
| Filing 168 RESPONSE in Opposition re #161 MOTION to Compel Adequate Response as to Interrogatory Three filed by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) |
| Filing 167 AFFIDAVIT of Major James Dodson re: #166 Memorandum in opposition by Sheriff of Brevard County. (Attachments: #1 Exhibit A - Close Observation Watch Reports, #2 Exhibit B - Records Disposition Document)(Tueche, Erin) |
| Filing 166 MEMORANDUM in opposition re #164 Motion for Sanctions filed by Sheriff of Brevard County. (Tueche, Erin) |
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Filing 165
ORDER granting #162 Motion for Extension of Time to File Motion for Summary Judgment-- Motion due by June 3, 2016; granting #163 Motion for Extension of Time to Conduct Defendant Ivey's Expert Deposition. Plaintiff may conduct Defendant Ivey's deposition on June 10, 2016. Defendant Ivey is directed to file responses to Plaintiff's Motion to Compel Adequate Response to Interrogatory Three (Doc. #161) and Motion for Sanctions against Defendant Ivey for Spoliation of Evidence (Doc. #164) within FOURTEEN (14) DAYS from the date of this Order. Signed by Magistrate Judge David A. Baker on 5/13/2016. (SR)(ctp)
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| Filing 164 MOTION for sanctions for Spoliation of Evidence by Oberist Saunders. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit)(Watson, Coleman) |
| Filing 163 Unopposed MOTION to extend time to 6/30/16 to Conduct Defendant's Expert Deposition by Oberist Saunders. (Watson, Coleman) Modified on 5/11/2016 (LMM). |
| Filing 162 Unopposed MOTION for Extension of Time to 6/3/16 to File Motion for Summary Judgment by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) Modified on 5/10/2016 (LMM). |
| Filing 161 MOTION to Compel Adequate Response as to Interrogatory Three by Oberist Saunders. (Watson, Coleman) Motions referred to Magistrate Judge David A. Baker. |
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Filing 160
ORDER re #155 Stipulation of Dismissal filed by Brandy Cornelius, Chris Bourke, Juan Nunez, Patricia Tilley, Sheriff of Brevard County, Winifred J. Wang, Susan Jeter, John C. Wright, Tammy Mangual, Oberist Saunders, Jennifer Tite that Plaintiff's claims against Chris Bourke, Juan Nunez, Jennifer Tite, Tammy Mangual, and Winifred J. Wang are dismissed, each party to bear its own fees and costs. Any pending motions as to these Defendants are DENIED as moot. Signed by Judge Gregory A. Presnell on 4/15/2016. (TKW)
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| Filing 159 MEDIATION report Hearing held on April 14, 2016. Hearing outcome: Impasse.. (Fawsett, Charles) |
| Filing 158 MEDIATION report Hearing held on. (Fawsett, Charles) Modified on 4/14/2016 (JET). (Attorney was contacted and was asked to re-file to add the information regarding the hearing.) |
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Filing 157
ORDER granting #153 Motion to Take Depositions of Darryl Kenney and Frank Whiteley so long as Plaintiff complies with all of the requirements imposed by the correctional institution where the witnesses are located; granting #154 Unopposed MOTION for miscellaneous relief, specifically Excuse Individual Sheriff's Defendants From Appearance at Mediation. Signed by Magistrate Judge David A. Baker on 4/13/2016. (EJS)
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Filing 156
ORDER re #155 Stipulation of Dismissal filed by Brandy Cornelius, Chris Bourke, Juan Nunez, Patricia Tilley, Sheriff of Brevard County, Winifred J. Wang, Susan Jeter, John C. Wright, Tammy Mangual, Oberist Saunders, Jennifer Tite that Plaintiff's claims against these defendants are dismissed with prejudice. The Clerk is directed to terminate these defendants. Signed by Judge Gregory A. Presnell on 4/13/2016. (TKW)
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| Filing 155 STIPULATION of Dismissal as to Defendants Chris Bourke, Juan Nunez, Jennifer Tite, Tammy Mangual, and Winifred Wang by All Parties. (Watson, Coleman) Modified on 4/13/2016 (JET). |
| Filing 154 Unopposed MOTION for miscellaneous relief, specifically Excuse Individual Sheriff's Defendants From Appearance at Mediation by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) |
| Filing 153 Unopposed MOTION for Leave to take Depositions of Incarcerated Witnesses Darryl Kenney and Frank Whiteley by Oberist Saunders. (Watson, Coleman) Modified on 3/29/2016 (JET). |
| Set/reset scheduling order deadlines: Defendant disclosure of expert report due by 5/2/2016, Plaintiff disclosure of expert report due by 4/11/2016 (JET) |
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Filing 152
ENDORSED ORDER granting #151 Motion to extend time. Signed by Judge Gregory A. Presnell on 3/25/2016. (Presnell, Gregory)
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| Filing 151 Unopposed MOTION to extend time until 4/11/16 for Plaintiff Expert Disclosure, 5/2/16 for Defendant Expert Disclosure, and until 5/19/16 for Expert Deposition Deadline by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (DeBevoise, D.) Modified on 3/25/2016 (JET). |
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Filing 150
ENDORSED ORDER denying #149 Motion ; provided, however, the motion will be granted if Marlyne Clark or another representative of the Florida Sheriff's Risk Management Fund is present. Signed by Judge Gregory A. Presnell on 3/16/2016. (Presnell, Gregory)
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| Filing 149 Unopposed MOTION for miscellaneous relief, specifically to Excuse Individual Sheriff's Defendants From Appearance at Mediation, and to Allow Claims Representative to Appear at Mediation by Telephone by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) |
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Filing 148
ORDER granting #146 Motion for Protective Order, without prejudice to Plaintiff's right to re-notice Defendant Ivey's deposition if other discovery indicates that Ivey has personal knowledge of relevant facts. Signed by Judge Gregory A. Presnell on 3/7/2016. (TKW)
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| Filing 147 MEMORANDUM in opposition re #146 Motion for protective order as to Deposition of Wayne Ivey, in his Official Capacity as Sheriff of Brevard County, Florida filed by Oberist Saunders. (Attachments: #1 Exhibit Letter Correspondence)(Watson, Coleman) |
| Filing 146 MOTION for protective order with Respect to the Taking of the Deposition of Defendant Sheriff Wayne Ivey by Sheriff of Brevard County. (Attachments: #1 Exhibit)(Tueche, Erin) Motions referred to Magistrate Judge David A. Baker. |
| Filing 145 NOTICE of mediation conference/hearing to be held on Thursday, April 14, 2016 before Charles Robinson Fawsett. (Watson, Coleman) |
| Set/reset scheduling order deadlines: Defendant disclosure of expert report due by 4/26/2016, Plaintiff disclosure of expert report due by 4/5/2016 (JET) |
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Filing 144
ORDER granting #143 Motion to modify and AMENDMENT TO CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 2/5/2016. (TKW)
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| Filing 143 Unopposed MOTION to modify Case Management & Scheduling Order with Incorporated Memorandum of Law as to Expert Disclosures by Oberist Saunders. (Watson, Coleman) Modified on 2/5/2016 (MAL). |
| Filing 142 ANSWER and affirmative defenses with Jury Demand to #62 Amended Complaint by Winifred J. Wang.(Lundy, S.) |
| Filing 141 ANSWER and affirmative defenses with Jury Demand to #62 Amended Complaint by Tammy Mangual.(Lundy, S.) |
| Filing 140 ANSWER and affirmative defenses with Jury Demand to #62 Amended Complaint by Juan Nunez.(Lundy, S.) |
| Filing 139 ANSWER and affirmative defenses with Jury Demand to #62 Amended Complaint by Chris Bourke.(Lundy, S.) |
| Filing 138 ANSWER and affirmative defenses with Jury Demand to #62 Amended Complaint by Jennifer Tite.(Lundy, S.) |
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Filing 137
ORDER denying #132 Motion for Leave to File Fourth Amended Complaint. Signed by Judge Gregory A. Presnell on 1/20/2016. (TKW)
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| Filing 136 MEMORANDUM of LAW in opposition re #132 Motion for Leave to file document filed by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) Modified on 1/20/2016 (MAL). |
| Filing 135 RESPONSE in Opposition re #132 MOTION for leave to file Fourth Amended Complaint filed by Chris Bourke, Tammy Mangual, Juan Nunez, Jennifer Tite, Winifred J. Wang. (Netcher, Eric) |
| Filing 134 NOTICE of Appearance by Eric J. Netcher on behalf of Chris Bourke, Tammy Mangual, Juan Nunez, Jennifer Tite, Winifred J. Wang (Netcher, Eric) |
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Filing 133
ORDER granting #113 Motion for Reconsideration re #112 Order on motion to dismiss, vacating dismissal, directing Clerk to reinstate certain defendants. Signed by Judge Gregory A. Presnell on 1/7/2016. (ED)
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| Filing 132 MOTION for leave to file Fourth Amended Complaint by Oberist Saunders. (Attachments: #1 Exhibit Email, #2 Exhibit Email)(Watson, Coleman) |
| Filing 131 NOTICE of mediation conference/hearing to be held on Thursday, April 14, 2016 before Charles R. Fawsett. (Watson, Coleman) |
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Filing 130
ORDER granting #129 Motion to Withdraw as Attorney. Signed by Magistrate Judge David A. Baker on 11/13/2015. (SR)
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| Filing 129 Unopposed MOTION for Baker & Hostetler, John W. Foster and Krista A. Sivick to withdraw as attorney by Oberist Saunders. (Foster, John) Motions referred to Magistrate Judge David A. Baker. |
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Filing 128
ENDORSED ORDER granting #127 Motion for leave to depose incarcerated individual, provided counsel shall comply with all regulations of the institution. Signed by Magistrate Judge David A. Baker on 10/21/2015. (Baker, David)
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| Filing 127 Unopposed MOTION for miscellaneous relief, specifically Leave to Depose Incarcerated Plaintiff by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) |
| Filing 126 NOTICE of Intent to Rely on Materials Submitted as Part of Motion for Reconsideration by Oberist Saunders re #113 MOTION for Reconsideration re #112 Order on motion to dismissOrder on motion for summary judgment (Foster, John) Modified on 9/17/2015 (IGC). |
| Filing 125 REPLY to affirmative defenses of defendant Tilley by Oberist Saunders. (Sivick, Krista) Modified on 9/14/2015 (IGC). |
| Filing 124 REPLY to affirmative defenses of defendant Wright by Oberist Saunders. (Sivick, Krista) Modified on 9/14/2015 (IGC). |
| Filing 123 REPLY to affirmative defenses of defendant Cornelius by Oberist Saunders. (Sivick, Krista) Modified on 9/11/2015 (IGC). |
| Filing 122 REPLY to affirmative defenses of defendant Jeter by Oberist Saunders. (Sivick, Krista) Modified on 9/11/2015 (IGC). |
| Filing 121 REPLY to #114 Counterclaim and Reply to Affirmative Defenses by Oberist Saunders. Related document: #114 Answer to amended complaintCounterclaim filed by Sheriff of Brevard County.(Sivick, Krista) |
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Filing 120
ORDER permitting additional briefing on exhaustion issue. Signed by Judge Gregory A. Presnell on 9/2/2015. (ED)
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| Filing 119 RESPONSE to Motion re #113 MOTION for Reconsideration re #112 Order on motion to dismissOrder on motion for summary judgment filed by Chris Bourke, Tammy Mangual, Juan Nunez, Jennifer Tite, Winifred J. Wang. (Lundy, S.) |
| Filing 118 ANSWER and affirmative defenses to #62 Third Amended Complaint by Brandy Cornelius.(Tueche, Erin) Modified on 8/18/2015 (IGC). |
| Filing 117 ANSWER and affirmative defenses to #62 Third Amended Complaint by Patricia Tilley.(Tueche, Erin) Modified on 8/18/2015 (IGC). |
| Filing 116 ANSWER and affirmative defenses to #62 Third Amended Complaint by John C. Wright.(Tueche, Erin) Modified on 8/18/2015 (IGC). |
| Filing 115 ANSWER and affirmative defenses to #62 Third Amended Complaint by Susan Jeter.(Tueche, Erin) Modified on 8/18/2015 (IGC). |
| Filing 114 ANSWER and affirmative defenses to #62 Third Amended Complaint , COUNTERCLAIM against Oberist Saunders by Sheriff of Brevard County.(Tueche, Erin) Modified on 8/18/2015 (IGC). |
| Filing 113 MOTION for Reconsideration re #112 Order on motion to dismissOrder on motion for summary judgment by Oberist Saunders. (Attachments: #1 Affidavit of Oberist Lee Saunders, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D)(Sivick, Krista) Modified on 8/7/2015 (IGC). |
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Filing 112
ORDER denying #79 motion to dismiss; granting #84 motion to dismiss; granting #84 Motion for summary judgment. Defendants Bourke, Nunez, Tite, Mangual, and Wang are DISMISSED from the instant action. Defendants Ivey, Jeter, Tilley, Cornelius, and Wright shall file an ANSWER to the Third Amended Complaint within TWENTY-ONE (21) DAYS. Signed by Judge Gregory A. Presnell on 7/27/2015. (TKW)
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Filing 111
ORDER denying as moot #108 Motion to strike affidavit. Signed by Magistrate Judge David A. Baker on 5/7/2015. (LAK)
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| Filing 110 NOTICE of Filing Amended Affidavit of Mary Melek by Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright re #79 MOTION to Dismiss #62 third amended complaint, or in the alternative, for summary judgment on certain claims (Attachments: #1 Affidavit of Mary Melek (AMENDED))(Tueche, Erin) Modified on 5/7/2015 (IGC). |
| Filing 109 RESPONSE in Opposition re #108 MOTION to Strike Affidavit of Mary Melek, first attachment to #102 Notice filed by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) |
| Filing 108 MOTION to Strike Affidavit of Mary Melek, first attachment to #102 Notice, by Oberist Saunders. (Sivick, Krista) Motions referred to Magistrate Judge David A. Baker. Modified on 4/17/2015 (JET). |
| Filing 107 CASE REFERRED to Mediation. (MAL) |
| Set scheduling order deadlines: Amended Pleadings due by 6/30/2015, Joinder of Parties due by 6/30/2015, Discovery due by 4/29/2016, Dispositive motions due by 5/20/2016, All other motions due by 8/26/2016, Final Pretrial Conference set for 9/15/2016 at 01:30 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial term commencing on 10/17/2016 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Conduct mediation hearing by 5/30/2016. Lead counsel to coordinate dates. Defendant disclosure of expert report due by 3/25/2016, Plaintiff disclosure of expert report due by 3/4/2016 (MAL) |
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Filing 106
CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Gregory A. Presnell on 4/8/2015. (TKW)
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| Filing 105 CASE MANAGEMENT REPORT. (Foster, John) |
| Filing 104 CERTIFICATE of interested persons and corporate disclosure statement re 100 Order on Motion for Miscellaneous Relief by Oberist Saunders. (Foster, John) |
| Filing 103 NOTICE of pendency of related cases re 100 Order on Motion for Miscellaneous Relief per Local Rule 1.04(d) by Oberist Saunders. Related case(s): y (Foster, John) |
| Filing 102 NOTICE of filing non-electronically filed exhibits in support of re #62 Motion to Dismiss Third Amended Complaint by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright re #101 Order on Motion for Miscellaneous Relief (Attachments: #1 Affidavit and two (2) compact discs (filed separately in accordion folder on shelf)(MAL) Modified on 4/17/2015 (JET). |
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Filing 101
ORDER granting #82 Motion to Make Non-Electronic Filing. Signed by Judge Gregory A. Presnell on 3/11/2015. (TKW)
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Filing 100
ENDORSED ORDER granting #99 Motion to Re-designate Case to Track Two. NOTICE - All parties must comply with the requirements established in Local Rule 3.05 for Track Two cases. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. The parties shall utilize the Case Management Report form located at the Court's website www.flmd.uscourts.gov under 'Judicial Information' and under assigned Judge Gregory A. Presnell, United States District Judge. Unless otherwise ordered by the Court, a party may not seek discovery from any source before the meeting. Fed. R. Civ. P. 26 (d); Local Rule 3.05(c)(2)(B). Plaintiff is responsible for serving a copy of this notice and order with attachments upon each party no later than fourteen days after appearance of the party. Signed by Judge Gregory A. Presnell on 3/2/2015. Copies mailed. (LAM)
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| Filing 99 Unopposed MOTION for miscellaneous relief, specifically Re-Designation of Case to Track Two by Oberist Saunders. (Watson, Coleman) |
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Filing 98
ORDER re #96 Notice of voluntary dismissal filed by Oberist Saunders that Plaintiff's claims against Robert Sedaros are dismissed, each party to bear its own fees and costs. Any pending motions as to this defendant are DENIED as moot. The Clerk is directed to terminate this defendant. Signed by Judge Gregory A. Presnell on 2/24/2015. (TKW)
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| Filing 97 MEMORANDUM in opposition re #84 Motion to dismissMotion for summary judgment filed by Oberist Saunders. (Watson, Coleman) |
| Filing 96 NOTICE of voluntary dismissal by Oberist Saunders (Watson, Coleman) |
| Filing 95 MEMORANDUM in opposition re #82 Motion for Miscellaneous Relief specifically to Make Non-Electronic Filing filed by Oberist Saunders. (Watson, Coleman) |
| Filing 94 RESPONSE in Opposition re #79 MOTION to Dismiss #62 third amended complaint, or in the alternative, for summary judgment on certain claims filed by Oberist Saunders. (Watson, Coleman) |
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Filing 93
ORDER granting #92 Motion for Extension of Time to File Response to #83 MOTION to Dismiss. Responses due by 2/23/2015. Signed by Magistrate Judge David A. Baker on 2/6/2015. (LAK)
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| Filing 92 Unopposed MOTION for Extension of Time to February 23, 2015 to File Response/Reply as to #83 MOTION to Dismiss Third Amended Complaint filed by Defendant Sedaros by Oberist Saunders. (Watson, Coleman) Motions referred to Magistrate Judge David A. Baker. Modified on 2/6/2015 (MAL). |
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Filing 91
ORDER granting #90 Motion for Extension of Time to File Response/Reply re #90 Unopposed MOTION for Extension of Time to 2/23/15 to File Response/Reply as to #84 MOTION to Dismiss Third Amended Complaint or in the alternative MOTION for summary judgment. Responses due by 2/23/2015. Signed by Magistrate Judge David A. Baker on 1/30/2015. (HSL)
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| Filing 90 Unopposed MOTION for Extension of Time to 2/23/15 to File Response/Reply as to #84 MOTION to Dismiss Third Amended Complaint or in the alternative MOTION for summary judgment by Oberist Saunders. (Watson, Coleman) Motions referred to Magistrate Judge David A. Baker. Modified on 1/30/2015 (IGC). |
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Filing 89
ORDER granting #88 Motion for Extension of Time to File Response to #79 MOTION to Dismiss and #82 MOTION to make non-electronic filing of two DVDs. Responses due by 2/20/2015. Signed by Magistrate Judge David A. Baker on 1/29/2015. (LAK)
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| Filing 88 Unopposed MOTION for Extension of Time until 2/20/15 to File Response as to #79 MOTION to Dismiss #62 third amended complaint, or in the alternative, for summary judgment on certain claims , and #82 MOTION to make non-electronic filing of two DVDs by Oberist Saunders. (Watson, Coleman) Motions referred to Magistrate Judge David A. Baker. Modified on 1/29/2015 (JET). |
| Filing 87 NOTICE of Appearance by Coleman Washington Watson on behalf of Oberist Saunders (Watson, Coleman) |
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Filing 86
ORDER granting #81 Motion to substitute counsel. Lauren L. Millcarek and Suzanne E. Gilbert, of Holland & Knight LLP is terminated. Coleman Watson, John Foster, and Krista Sivick of Baker Hostetler is appointed. Signed by Magistrate Judge David A. Baker on 1/21/2015. (LAK)
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| Filing 85 Notice of filing affidavit of Christina Wallschlager re: #84 MOTION to Dismiss Third Amended Complaint or in the alternative MOTION for summary judgment by Chris Bourke, Tammy Mangual, Juan Nunez, Jennifer Tite, Winifred J. Wang. (Lundy, S.) Modified on 1/21/2015 (MAL). |
| Filing 84 MOTION to Dismiss Third Amended Complaint or in the alternative, MOTION for summary judgment by Chris Bourke, Tammy Mangual, Juan Nunez, Jennifer Tite, Winifred J. Wang. (Lundy, S.) |
| Filing 83 MOTION to Dismiss Third Amended Complaint by Robert Sedaros. (Seacord, Pierre) |
| Filing 82 MOTION for miscellaneous relief, specifically to make non-electronic filing of two DVDs by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Tueche, Erin) Modified on 1/16/2015 (JET). |
| Filing 81 Unopposed MOTION for Millcarek and Gilbert to withdraw as attorneys and to Substitute attorneys Coleman Watson, John Foster and Krista Sivick by Oberist Saunders. (Millcarek, Lauren) Motions referred to Magistrate Judge David A. Baker. Modified on 1/16/2015 (JET). |
| Filing 80 AFFIDAVIT of Darrell Hibbs re: #79 MOTION to Dismiss third amended complaint, or in the alternative summary judgment on certain claims by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Tueche, Erin) |
| Filing 79 MOTION to Dismiss #62 third amended complaint, or in the alternative, for summary judgment on certain claims by Brandy Cornelius, Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5)(Tueche, Erin) Modified on 1/16/2015 (JET). |
| Filing 78 RETURN of service executed on December 6, 2014 by Oberist Saunders as to Winifred J. Wang. (Millcarek, Lauren) |
| Filing 77 RETURN of service executed on December 5, 2014 by Oberist Saunders as to Juan Nunez. (Millcarek, Lauren) |
| Filing 76 RETURN of service executed on December 5, 2014 by Oberist Saunders as to Brandy Cornelius. (Millcarek, Lauren) |
| Filing 75 RETURN of service executed on December 5, 2014 by Oberist Saunders as to Chris Bourke. (Millcarek, Lauren) |
| Filing 74 RETURN of service executed on December 5, 2014 by Oberist Saunders as to Robert Sedaros. (Millcarek, Lauren) |
| Filing 73 RETURN of service executed on December 4, 2014 by Oberist Saunders as to Jennifer Tite by substitute service on spouse. (Millcarek, Lauren) Modified on 12/29/2014 (JET). |
| Filing 72 RETURN of service executed on December 4, 2014 by Oberist Saunders as to Tammy Mangual. (Millcarek, Lauren) |
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Filing 71
ENDORSED ORDER granting #70 Motion for Extension of Time to Answer or respond. Robert Sedaros answer or response due 1/20/2015. Signed by Magistrate Judge David A. Baker on 12/29/2014. (Baker, David)
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| Filing 70 Unopposed MOTION for Extension of Time until 1/19/15 to File Answer re #62 Amended Complaint by Robert Sedaros. (Seacord, Pierre) Motions referred to Magistrate Judge David A. Baker. Modified on 12/24/2014 (JET). |
| Filing 69 NOTICE of Appearance by Pierre Seacord and Joseph S. Justice on behalf of Robert Sedaros (Seacord, Pierre) Modified on 12/24/2014 to add attorney (JET). |
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Filing 68
ENDORSED ORDER granting #66 Motion for Extension of Time to File, response due 1/19/15. Signed by Judge Gregory A. Presnell on 12/22/2014. (Presnell, Gregory)
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Filing 67
ENDORSED ORDER granting #65 Motion to extend time, response due 1/15/15. Signed by Judge Gregory A. Presnell on 12/22/2014. (Presnell, Gregory)
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| Reset deadlines: for Brandy Cornelius. Answer due by 1/15/2015. (IGC) |
| Reset deadlines: for Chris Bourke, Tammy Mangual, Juan Nunez, Jennifer Tite, Winifred J. Wang. Answer due by 1/19/2015. (IGC) |
| Filing 66 Unopposed MOTION for Extension of Time to File Responsive Pleading by Chris Bourke, Tammy Mangual, Juan Nunez, Jennifer Tite, Winifred J. Wang. (Lundy, S.) |
| Filing 65 Unopposed MOTION to extend time to Respond to Third Amended Complaint by Brandy Cornelius. (Poulton, Thomas) |
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Filing 64
ORDER granting #63 Motion to extend time. Answer to third amended complaint due 1/15/15. Signed by Magistrate Judge David A. Baker on 12/17/2014. (LAK)
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| Set/reset deadlines: for Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. Answer due by 1/15/2015. (JET) |
| Filing 63 Unopposed MOTION for extension of time to File Answer to Third Amended Complaint by Susan Jeter, Sheriff of Brevard County, Patricia Tilley, John C. Wright. (Poulton, Thomas) Modified on 12/17/2014 (JET). |
| Filing 62 THIRD AMENDED COMPLAINT against Chris Bourke, Brandy Cornelius, Susan Jeter, Tammy Mangual, Juan Nunez, Robert Sedaros, Sheriff of Brevard County, Patricia Tilley, Jennifer Tite, Winifred J. Wang, John C. Wright filed by Oberist Saunders. Related document: #33 Second Amended Complaint filed by Oberist Saunders.(JET) |
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Filing 61
ORDER denying as moot #36 motion to dismiss; denying as moot #41 motion to dismiss. #60 Motion for Leave to File Third Amended Complaint is granted. The Clerk shall file and docket the Third Amended Complaint. Defendants Sheriff, Jeter, Tilley, and Wright have 21 days to answer or otherwise respond to the Third Amended Complaint. Signed by Magistrate Judge David A. Baker on 12/9/2014. (LAK)
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| Filing 60 RESPONSE to Motion re #41 Amended MOTION to Dismiss Second Amended Complaint and Unopposed Motion for Leave to File Third Amended Complaint filed by Oberist Saunders. (Attachments: #1 Exhibit (Proposed) Third Amended Complaint)(Millcarek, Lauren) |
| Filing 59 SUMMONS issued as to Nurse Wang (name on the Summons is Winifred J. Wang with a Melbourne address). (MAA) Modified on 12/8/2014 (JET). |
| Filing 58 SUMMONS issued as to Dir. Bourke. (LMM) |
| Filing 57 SUMMONS issued as to Brandy Cornelius. (LMM) |
| Filing 56 SUMMONS issued as to Nurse Wang (at Miami address). (LMM) Modified on 12/8/2014 (JET). |
| Filing 55 SUMMONS issued as to Juan Nunez. (LMM) |
| Filing 54 SUMMONS issued as to P.A. Tite. (LMM) |
| Filing 53 SUMMONS issued as to P.A. Mangual. (LMM) |
| Filing 52 SUMMONS issued as to Dr. Sedaros. (LMM) |
| Filing 51 SUMMONS issued as to (former) Brevard County Sheriff (Jack Parker). (LMM) |
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Filing 50
ORDER granting #45 Motion to extend time. Plaintiff shall have until December 5, 2014, to locate and serve Defendants Sedaros, Tite, Mangual, and Wang. Signed by Magistrate Judge David A. Baker on 11/21/2014. (LAK)
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Filing 49
ORDER granting #47 Motion for Extension of Time to File Response to #45 MOTION to extend time to Serve Other Defendants. Responses due by 12/8/2014. Signed by Magistrate Judge David A. Baker on 11/20/2014. (LAK)
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| Filing 48 RESPONSE re #44 Order pdf by Oberist Saunders. (Millcarek, Lauren) |
| Filing 47 Unopposed MOTION for Extension of Time to 12/8/14 to File Response/Reply as to #41 Amended MOTION to Dismiss Second Amended Complaint by Oberist Saunders. (Millcarek, Lauren) Motions referred to Magistrate Judge David A. Baker. Modified on 11/20/2014 (IGC). |
| Filing 46 MEMORANDUM in opposition re #45 Motion to extend time filed by Brevard County Sheriff, Susan Jeter, Patricia Tilley, Cpl. Wright. (Poulton, Thomas) |
| Filing 45 MOTION to extend time to Serve Other Defendants and Notice of Compliance with Order dated October 24, 2014 (Doc. 39) by Oberist Saunders. (Attachments: #1 Exhibit A)(Millcarek, Lauren) |
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Filing 44
ORDER. Within 10 days counsel shall indicate whether Plaintiff will assume responsibility for service of process. Signed by Magistrate Judge David A. Baker on 11/13/2014. (LAK)
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| Filing 43 NOTICE of compliance re #39 Order on motion to compel by Brevard County Sheriff, Susan Jeter, Patricia Tilley, Cpl. Wright (DeBevoise, D.) |
| Filing 42 NOTICE of Appearance by Lauren Lynn Millcarek and Suzanne E. Gilbert on behalf of Oberist Saunders (Millcarek, Lauren) Modified on 11/7/2014 (IGC). |
| Filing 41 Amended MOTION to Dismiss Second Amended Complaint by Brevard County Sheriff, Susan Jeter, Patricia Tilley, Cpl. Wright. (Poulton, Thomas) |
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Filing 40
ORDER granting #35 Motion to appoint counsel. The Court hereby appoints Lauren L. Millcarek and Suzanne E. Gilbert. Signed by Magistrate Judge David A. Baker on 11/5/2014. (LAK)
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Filing 39
ORDER granting #34 Motion to Compel Production of Information to Properly Execute and Complete Service. Clerk is directed to send Plaintiff (1) Notice of Lawsuit and Request to Waive Service of Summons, (2) Waiver of the Service of Summons, (3) US Marshal 285 form. Plaintiff shall have 21 days from the date of this order to return completed forms to the Clerk's Office signed by Magistrate Judge David A. Baker on 10/24/2014. (AKJ)
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| Filing 38 RESPONSE in Opposition re #35 MOTION to Appoint Counsel filed by Brevard County Sheriff, Susan Jeter, Patricia Tilley, Cpl. Wright. (Tueche, Erin) |
| Filing 37 RESPONSE in Opposition re #34 MOTION to Compel production of information to properly execute and complete service and for the court to re-serve Defendant Sheriff Parker filed by Brevard County Sheriff, Susan Jeter, Patricia Tilley, Cpl. Wright. (Tueche, Erin) |
| Filing 36 MOTION to Dismiss Second Amended Complaint by Brevard County Sheriff, Susan Jeter, Patricia Tilley, Cpl. Wright. (Tueche, Erin) |
| Mail returned as Undeliverable/Refused/Unable to Forward re: #31 Order on Motion for Extension of Time to File. Mail RESENT to Oberist Saunders at the Tomoka C. I. address. (MAL) Modified on 10/1/2014 (MAL). |
| Filing 35 MOTION to Appoint Counsel by Oberist Saunders. (Attachments: #1 Exhibit)(IGC) Motions referred to Magistrate Judge David A. Baker. |
| Filing 34 MOTION to Compel production of information to properly execute and complete service and for the court to re-serve Defendant Sheriff Parker by Oberist Saunders. (JET) Motions referred to Magistrate Judge David A. Baker. |
| Filing 33 Second AMENDED 1983 Civil Rights COMPLAINT against Dir. Bourke, Brevard County Sheriff, Brandy Cornelius, Susan Jeter, P.A. Mangual, Juan Nunez, Dr. Sedaros, Patricia Tilley, P.A. Tite, Nurse Wang, Cpl. Wright Terminating John Does filed by Oberist Saunders. Related document: #2 Amended Complaint filed by Oberist Saunders.(JET) |
| Filing 32 NOTICE of change of address by Oberist Saunders (MAL) |
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Filing 31
ORDER granting #29 Motion for Extension of Time to File. Plaintiff shall have 21 days to file a second amended complaint. Signed by Magistrate Judge David A. Baker on 9/16/2014. (LAK)
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| Filing 30 ENTERED IN ERROR. Modified on 9/15/2014 (LMM). |
| Filing 29 MOTION for Extension of Time (21 Days) to File Second Amended Complaint by Oberist Saunders. (IGC) |
| Filing 28 NOTICE of temporary change of address by Oberist Saunders (address updated) (IGC) |
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Filing 27
ORDER denying without prejudice #26 Motion to extend time to complete service. Signed by Magistrate Judge David A. Baker on 9/3/2014. (LAK)
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| Filing 26 MOTION to extend time to complete service on defendant's by Oberist Saunders. (IGC) |
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Filing 25
ORDER denying without prejudice #10 motion to dismiss; denying #16 Motion to Strike ; granting #17 Motion for Reconsideration ; denying without prejudice #23 Motion to Compel Service. Directions to the Clerk. Signed by Judge Gregory A. Presnell on 8/19/2014. (TKW)
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| Filing 24 RESPONSE in Opposition re #23 MOTION to Compel Sheriff's office to sufficiently execute and complete service filed by Brevard County Sheriff, Susan Jeter, Patricia Tilley, Cpl. Wright. (Tueche, Erin) |
| Filing 23 MOTION to Compel Sheriff's office to sufficiently execute and complete service by Oberist Saunders. (Attachments: #1 Exhibits A to H)(MAL) Motions referred to Magistrate Judge David A. Baker. |
| Filing 22 NOTICE of filing missing State Court documents by Brevard County Sheriff, Susan Jeter, Patricia Tilley, Cpl. Wright re #1 Notice of Removal (Attachments: #1 Missing State Court Pleadings)(Tueche, Erin) Modified on 7/9/2014 (JET). |
| Filing 21 RESPONSE in Opposition re #16 MOTION to Strike #10 MOTION to Dismiss amended complaint filed by Brevard County Sheriff, Susan Jeter, Patricia Tilley, Cpl. Wright. (Attachments: #1 Exhibit A - State Court Docket Sheet)(Tueche, Erin) |
| Filing 20 Case Reassigned to Judge Gregory A. Presnell. New case number: 6:14-cv-877-Orl-31DAB. Judge Roy B. Dalton, Jr. no longer assigned to the case. (Reassigned to Judge Dalton in error as Standing Order does not apply to this case.) (JET) |
| Filing 19 Case Reassigned to Judge Roy B. Dalton, Jr. New case number: 6:14-cv-877-Orl-37DAB. Judge Gregory A. Presnell no longer assigned to the case per Standing Order in 6:12-mc-19. (JET) |
| Filing 18 NOTICE of pendency of related cases re #11 Related case order and track 1 notice per Local Rule 1.04(d) by Brevard County Sheriff, Susan Jeter, Patricia Tilley, Cpl. Wright. Related case(s): no (Tueche, Erin) |
| Filing 17 MOTION for Reconsideration of Circuit Court's dismissal of defendants Nunez, Tite, Mangual, Wang, Sedaros from complaint and action by Oberist Saunders. (MAL) |
| Filing 16 MOTION to Strike #10 MOTION to Dismiss amended complaint by Oberist Saunders. (MAL) Motions referred to Magistrate Judge David A. Baker. (Additional attachment(s) added on 6/24/2014: #1 Exhibit) (MAL). |
| Filing 15 NOTICE of intent in completing service on defendants by Oberist Saunders (Attachment: #1 Exhibit)(MAL) |
| Filing 14 NOTICE of inquiry and request for docket sheet by Oberist Saunders (MAL) |
| Filing 13 NOTICE of inquiry by Oberist Saunders re #2 Amended Complaint (MAL) |
| Filing 12 NOTICE of pendency of related cases re #11 Related case order and track 1 notice per Local Rule 1.04(d) by Oberist Saunders. Related case(s): No (MAL) |
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Filing 11
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. Notice of pendency of other actions due by 6/27/2014. Signed by Judge Gregory A. Presnell on 6/13/2014. Copies mailed.(LAM)
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| Filing 10 MOTION to Dismiss amended complaint by Susan Jeter, Brevard County Sheriff, Patricia Tilley, Cpl. Wright. (Tueche, Erin) Modified on 6/16/2014 (JET). |
| Filing 9 Remark: Three defendants named in the Amended Complaint filed in State Court were dismissed per attached Order filed in State Court on 1/28/14. Those defendants are not added to this Federal Court case. (JET) |
| Filing 8 SUMMONS returned unexecuted by Oberist Saunders as to Brandy Cornelius. ORIGINALLY FILED IN STATE COURT ON 5/19/14. (JET) |
| Filing 7 SUMMONS returned unexecuted by Oberist Saunders as to Dir. Bourke. ORIGINALLY FILED IN STATE COURT ON 5/19/14. (JET) |
| Filing 6 PROOF of service on Jack Parker on 5/16/14 by Oberist Saunders. ORIGINALLY FILED IN STATE COURT ON 5/20/14. (JET) |
| Filing 5 PROOF of service on Patricia Tilley on 5/16/14 by Oberist Saunders. ORIGINALLY FILED IN STATE COURT ON 5/20/14. (JET) |
| Filing 4 PROOF of service on Cpl. Wright on 5/16/14 by Oberist Saunders. ORIGINALLY FILED IN STATE COURT ON 5/20/14. (JET) |
| Filing 3 PROOF of service on Susan Jeter on 5/16/14 by Oberist Saunders. ORIGINALLY FILED IN STATE COURT ON 5/20/14. (JET) |
| Filing 2 AMENDED COMPLAINT against All Defendants filed by Oberist Saunders. ORIGINALLY FILED IN STATE COURT ON 11/8/12. ORIGINAL COMPLAINT FILED ON 7/16/12.(JET) |
| Filing 1 NOTICE OF REMOVAL from Eighteenth Judicial Circuit, Brevard County, case number 05-2012-CA-045889, filed in State Court on 11/8/12. Filing fee $400, receipt number ORL034596 filed by Jack Parker, Cpl. Wright, Patricia Tilley, Susan Jeter. (Attachments: #1 Civil Cover Sheet, #2 State Docket Sheet and Return of Service, #3 State Court Documents, #4 State Court Documents continued, #5 State Court Documents continued, #6 State Court Documents continued)(JET) Modified on 7/9/2014 (JET). MISSING STATE COURT DOCUMENTS FILED AS ATTACHMENTS AT #22. |
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