Goncalves v. Chamberlain et al
Plaintiff: Goncalves and Tanya Goncalves
Defendant: Chamberlain, Robert Chamberlain, City of Winter Garden and Carrie Raper
Case Number: 6:2015cv00007
Filed: January 5, 2015
Court: US District Court for the Middle District of Florida
Office: Orlando Office
County: Orange
Presiding Judge: Paul G Byron
Referring Judge: Gregory J Kelly
2 Judge: Gregory J Kelly
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on January 15, 2016. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 15, 2016 Opinion or Order Filing 45 ORDER granting #35 Defendant Robert Chamberlin's Motion to Dismiss Plaintiff's Second Amended Complaint With Prejudice; granting #43 Defendant Carrie Raper's Motion to Dismiss Plaintiff's Amended Complaint. The Clerk of Court is directed to close the file. Signed by Judge Paul G. Byron on 1/15/2016. (SEN)
October 20, 2015 Opinion or Order Filing 44 MEMORANDUM in opposition re #43 Motion to dismiss for failure to state a claim filed by Tanya Goncalves. (Luka, Thomas)
September 16, 2015 Opinion or Order Filing 43 First MOTION to dismiss for failure to state a claim by Carrie Raper. (Wallace, Philip)
September 16, 2015 Opinion or Order Filing 42 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by Carrie Raper. Related case(s): yes (Wallace, Philip)
September 16, 2015 Opinion or Order Filing 41 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Carrie Raper. (Wallace, Philip)
September 16, 2015 Opinion or Order Filing 40 NOTICE of Appearance by Philip J. Wallace on behalf of Carrie Raper (Wallace, Philip) Modified on 9/17/2015 (MAA).
August 24, 2015 Opinion or Order Filing 39 ENDORSED ORDER discharging #32 Order to Show Cause as to Plaintiff Tanya Goncalves. Signed by Judge Paul G. Byron on 8/24/2015. (SEN)
August 19, 2015 Opinion or Order Filing 38 (DISHCARGED BY 39 ENDORSED ORDER) RESPONSE TO ORDER TO SHOW CAUSE re 37 Order no pdf filed by Tanya Goncalves. (Luka, Thomas) Modified on 8/25/2015 (RDO).
August 19, 2015 Opinion or Order Filing 37 ENDORSED ORDER re: #34 Plaintiff's Response to Order to Show Cause. On or before August 21, 2015, Plaintiff shall file proof of service as to Defendant Carrie Raper, as required by Federal Rule of Civil Procedure 4(l)(1). Signed by Judge Paul G. Byron on 8/19/2015. (SEN)
August 18, 2015 Opinion or Order Filing 36 MEMORANDUM in opposition re #35 Motion to dismiss filed by Tanya Goncalves. (Luka, Thomas)
August 7, 2015 Opinion or Order Filing 35 MOTION to Dismiss Second Amended Complaint with prejudice, or in the alternative, MOTION for Summary Judgment and incorporated memorandum of law in support by Robert Chamberlain. (Belohlavek, George) Text modified on 8/10/2015 (RDO).
August 7, 2015 Opinion or Order Filing 34 RESPONSE re #32 Order pdf by Tanya Goncalves. (Luka, Thomas)
August 4, 2015 Opinion or Order Filing 33 SUMMONS issued as to Carrie Raper. (LAK)
July 28, 2015 Opinion or Order Set/reset deadlines/hearings: Show Cause Response due by 8/12/2015 (MAA)
July 28, 2015 Opinion or Order Filing 32 ORDER TO SHOW CAUSE as to Plaintiff Tanya Goncalves. Plaintiff is ORDERED TO SHOW CAUSE by written response filed on or before August 12, 2015 why Defendant Carrie Raper should not be dismissed without prejudice from this action for failure to perfect service of process within the time required by Rule 4(m). Signed by Judge Paul G. Byron on 7/28/2015. (SEN)
July 24, 2015 Opinion or Order Filing 31 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Tanya Goncalves.(Luka, Thomas)
July 15, 2015 Opinion or Order Filing 30 ORDER granting in part and denying in part #15 Defendant's Motion to Dismiss Plaintiff's Amended Complaint or, in the Alternative, Motion for a More Definite Statement, or Motion for Summary Judgment. The Amended Complaint is dismissed without prejudice for failing to state a claim upon which relief can be granted. Defendant's motion is otherwise denied. Plaintiff has fourteen (14) days from the date of this Order to file a Second Amended Complaint. Signed by Judge Paul G. Byron on 7/15/2015. (SEN)
June 26, 2015 Opinion or Order Filing 29 ENDORSED ORDER granting #28 Motion to Substitute Attorney. Attorney John A. Makholm withdraws as counsel for Defendant Chamberlain and Donovan A. Roper, Esq., appears as counsel for Defendant Chamberlain. Substitution of counsel should not be cited or relied on as a basis to continue any deadlines established in this case. Signed by Magistrate Judge Karla R. Spaulding on 6/26/2015. (Spaulding, Karla)
June 24, 2015 Opinion or Order Filing 28 MOTION to Substitute Attorney by Robert Chamberlain. (Makholm, John) Motions referred to Magistrate Judge Gregory J. Kelly.
May 12, 2015 Opinion or Order Filing 27 CASE REFERRED to Mediation. (RDO)
May 12, 2015 Opinion or Order Set/reset scheduling order deadlines: Amended Pleadings due by 6/8/2015, Discovery due by 4/1/2016, Dispositive motions due by 5/2/2016, Pretrial statement due by 7/19/2016, All other motions due by 7/26/2016, Final Pretrial Conference set for 8/16/2016 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron, Jury Trial set for trial term beginning on 9/6/2016 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron., Conduct mediation hearing by 4/15/2016. Lead counsel to coordinate dates., Defendant disclosure of expert report due by 3/1/2016, Plaintiff disclosure of expert report due by 2/18/2016 (RDO)
May 11, 2015 Opinion or Order Filing 26 CASE MANAGEMENT AND SCHEDULING ORDER. Signed by Judge Paul G. Byron on 5/11/2015. (MMW)
April 20, 2015 Opinion or Order Filing 25 MEMORANDUM in opposition re #15 Motion to dismiss/Motion for More Definite StatementMotion for summary judgment filed by Tanya Goncalves. (Luka, Thomas) Text modified on 4/21/2015 (RDO).
April 17, 2015 Opinion or Order Filing 24 RESPONSE TO ORDER TO SHOW CAUSE re #21 Order to show cause filed by Tanya Goncalves. (Luka, Thomas)
April 16, 2015 Opinion or Order Filing 23 JOINT RESPONSE TO ORDER TO SHOW CAUSE re #22 Order to show cause filed by all parties. (Luka, Thomas) Modified on 4/17/2015 (RDO).
April 14, 2015 Opinion or Order Filing 22 ORDER to show cause why parties failed to meet in person when preparing the Case Management Report as to Robert Chamberlain and Tanya Goncalves. The response shall be due on or before Friday, April 17, 2015 at 5:00 p.m. Signed by Judge Paul G. Byron on 4/14/2015. (MMW)
April 14, 2015 Opinion or Order Filing 21 ORDER to show cause why Defendant's Motion to Dismiss should not be granted for lack of opposition as to Tanya Goncalves. Failure to respond before Friday, April 17, 2015 at 5:00 p.m. will result in the Court granting Defendant's motion as unopposed. Should Plaintiff choose to respond to Defendant's motion, the response shall be due on or before Monday, April 20, 2015 at 5:00 p.m. Signed by Judge Paul G. Byron on 4/14/2015. (MMW)
April 10, 2015 Opinion or Order Filing 20 CASE MANAGEMENT REPORT. (Luka, Thomas)
April 1, 2015 Opinion or Order Filing 19 ORDER TO SHOW CAUSE as to Plaintiff Tanya Goncalves. Plaintiff is hereby ORDERED TO SHOW CAUSE by a written response filed within fourteen (14) days from the date of this Order why this case should not be dismissed, pursuant to Local Rule 3.10(a), for lack of prosecution due to the non-filing of a Case Management Report within the time prescribed by Local Rule 3.05. Signed by Judge Paul G. Byron on 03/31/2015. (NBL) copies e-mailed
February 18, 2015 Opinion or Order Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re #16 Order to show cause by Tanya Goncalves. (MAA)
February 17, 2015 Opinion or Order Filing 17 RESPONSE TO #16 Order to show cause filed by Tanya Goncalves. (RDO)
February 6, 2015 Opinion or Order Filing 16 ORDER TO SHOW CAUSE as to Plaintiff Tanya Goncalves. Plaintiff has failed to comply with the Court's Orders (Docs. 8, 9) of January 14, 2015. Plaintiff shall SHOW CAUSE and file her response to said Orders within fourteen (14) days from the date of this Order. Signed by Judge Paul G. Byron on 2/6/2015. (NBL) copies e-mailed
February 4, 2015 Opinion or Order Filing 15 MOTION to Dismiss Amended Complaint , MOTION for More Definite Statement , MOTION for summary judgment by Robert Chamberlain. (Attachments: #1 Exhibit Notice Letter, #2 Exhibit Offense Rpt, #3 Exhibit Booking Sheet, #4 Exhibit Affidavit of Chamberlin)(Makholm, John) Motions referred to Magistrate Judge Gregory J. Kelly.
January 28, 2015 Opinion or Order Filing 14 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Robert Chamberlain, City of Winter Garden. (Makholm, John)
January 28, 2015 Opinion or Order Filing 13 NOTICE of pendency of related cases per Local Rule 1.04(d) by Robert Chamberlain, City of Winter Garden. Related case(s): yes (Makholm, John)
January 27, 2015 Opinion or Order Filing 12 ENDORSED ORDER denying as moot #6 Defendants, City of Winter Garden and Detective Robert Chamberlin's, Motion to Dismiss Plaintiff's Complaint, or, in the Alternative, Motion for a More Definite Statement. See Doc. No. 10. Signed by Magistrate Judge Gregory J. Kelly on 1/27/2015. (MDH)
January 23, 2015 Opinion or Order Filing 11 RESPONSE TO ORDER TO SHOW CAUSE re #7 Order pdf filed by Robert Chamberlain, City of Winter Garden. (Makholm, John)
January 22, 2015 Opinion or Order Filing 10 AMENDED COMPLAINT filed by Defendants for Plaintiff against All Defendants with Jury Demand. filed by All Defendants. Related document: #2 Complaint filed by Tanya Goncalves.(Makholm, John)
January 14, 2015 Opinion or Order Filing 9 INTERESTED PERSONS ORDER. The Certificate of Interested Persons shall be filed within (14) days from the date of this Order. Signed by Judge Paul G. Byron on 1/14/2015. (NBL) copies e-mailed
January 14, 2015 Opinion or Order Filing 8 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. The Notice of Pendency of Other Actions shall be filed within (14) days from the date of this Order. Signed by Judge Paul G. Byron on 1/14/2015. (NBL) copies e-mailed
January 9, 2015 Opinion or Order Filing 7 ORDER to show cause as to Defendants. On or before January 23, 2015, Defendants shall show cause by written response why this case should not be remanded for lack of subject matter jurisdiction. Failure to respond within the time provided will result in the Court remanding this case to the state court without further notice. Signed by Judge Paul G. Byron on 1/9/2015. (SEN)
January 7, 2015 Opinion or Order Filing 6 MOTION to Dismiss Complaint , MOTION for More Definite Statement by Robert Chamberlain, City of Winter Garden. (Attachments: #1 Exhibit Notice Letter, #2 Exhibit Composite, #3 Exhibit Booking Sheet)(Makholm, John) Motions referred to Magistrate Judge Gregory J. Kelly.
January 7, 2015 Opinion or Order Filing 5 NOTICE to counsel (Thomas Luka) of Local Rule 2.01 (signed by deputy clerk). (MAA)
January 5, 2015 Opinion or Order Filing 4 RETURN of service executed on 12/15/14 by Tanya Goncalves as to City of Winter Garden filed in Orange County Court. (MAA)
January 5, 2015 Opinion or Order Filing 3 RETURN of service executed on 12/15/14 by Tanya Goncalves as to Robert Chamberlain filed in Orange County Court. (MAA)
January 5, 2015 Opinion or Order Filing 2 COMPLAINT against Robert Chamberlain, City of Winter Garden with Jury Demand filed on 12/5/14 in Orange County Court by Tanya Goncalves.(MAA)
January 5, 2015 Opinion or Order Filing 1 NOTICE OF REMOVAL from Orange County, case number 2014-CA-12569-O filed in State Court on 12/5/14. Filing fee $ 400, receipt number ORL-40013 filed by Robert Chamberlain, City of Winter Garden. (Attachments: #1 State Court Documents)(MAA)

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Plaintiff: Goncalves
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Plaintiff: Tanya Goncalves
Represented By: Thomas B. Luka
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Defendant: Chamberlain
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Defendant: Robert Chamberlain
Represented By: John A. Makholm
Represented By: Donovan Adam Roper
Represented By: George B. Belohlavek
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Defendant: City of Winter Garden
Represented By: John A. Makholm
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Defendant: Carrie Raper
Represented By: John N. Knutton
Represented By: Philip J. Wallace
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