Wappler v. Ivey et al
Plaintiff: Michael J. Wappler
Defendant: Michael Hatton, Wayne Ivey and Deputy Bisbee
Case Number: 6:2019cv01224
Filed: July 3, 2019
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Embry J Kidd
Referring Judge: Carlos E Mendoza
2 Judge: Thomas B Smith
Nature of Suit: Prisoner Civil Rights (Prison Condition)
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 29, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 29, 2019 Filing 29 NOTICE of withdrawal re #5 Objection by Michael J. Wappler (SPM)
August 29, 2019 Filing 28 MOTION for Disqualification - Recusal by Michael J. Wappler. (SPM)
August 26, 2019 Filing 27 OBJECTION re #19 Order on Motion for Miscellaneous Relief/Order on Motion for Leave to File Excess Pages. (SPM)
August 26, 2019 Filing 26 MOTION to stay proceedings by Michael J. Wappler. (SPM)
August 26, 2019 Filing 25 Renewed MOTION for Enlargement of Time to File Response to Amended Dispositive Motion by Michael J. Wappler. (SPM) Motions referred to Magistrate Judge Embry J. Kidd.
August 26, 2019 Opinion or Order Filing 24 ORDER denying as moot #22 Motion for extension of time to answer. Signed by Magistrate Judge Embry J. Kidd on 8/26/2019. (LAK)
August 22, 2019 Set deadlines: Amended Complaint due by 9/12/2019 (SPM)
August 22, 2019 Opinion or Order Filing 23 ORDER denying without prejudice #11 Motion to Remand to State Court; Denying as moot #14 motion to dismiss; Granting #18 Motion for Leave to File; On or before September 12, 2019, Plaintiff shall file an AmendedCivil Rights Complaint on the appropriate civil rights complaint form, which shall not exceed twenty-five pages. Granting #21 Motion to stay discovery. After Plaintiff files the Amended Civil Rights Complaint,the Court will make a determination as to discovery in this case. Signed by Judge Carlos E. Mendoza on 8/22/2019. (DJD)
August 22, 2019 Filing 22 MOTION for Enlargement of Time to File Answer in Opposition as to #14 Amended MOTION to Dismiss, with Request for an Order Requiring Provision of Unpublished Cases by Michael J. Wappler. (SPM) Motions referred to Magistrate Judge Embry J. Kidd.
August 19, 2019 Filing 21 MOTION to stay discovery, or, in the Alternative, for Protective Order Regarding Plaintiff's Discovery Requests by Deputy Bisbee, Michael Hatton, Wayne Ivey. (Attachments: #1 Plaintiffs First Set of Interrogatories, #2 Plaintiffs Request for Production of Documents)(Grant, Jeffrey) Motions referred to Magistrate Judge Embry J. Kidd. Modified on 8/19/2019 (SPM).
August 19, 2019 Filing 20 RESPONSE in Opposition re #18 MOTION for leave to file First Amended Complaint filed by Deputy Bisbee, Michael Hatton, Wayne Ivey. (Grant, Jeffrey)
August 12, 2019 Opinion or Order Filing 19 ORDER denying as moot #13 Motion for Enlargement of Time; granting in part #17 Motion for Leave to File Response. Plaintiff shall have thirty (30) days from the date of this order to file an opposition to the Amended Motion to Dismiss. Plaintiff may file a response to the Motion to Dismiss that shall not exceed thirty pages in length. Signed by Magistrate Judge Embry J. Kidd on 8/12/2019. (ALL)
August 12, 2019 Filing 18 MOTION for leave to file First Amended Complaint, with request to waive Proposed Pleading Rule, allowing thirty days to file by Michael J. Wappler. (SPM)
August 1, 2019 Filing 17 MOTION for Leave to File Response to Amended Motion to Dismiss in Excess of Twenty Pages by Michael J. Wappler. (SPM)
August 1, 2019 Filing 16 NOTICE of filing in support re #14 Amended MOTION to Dismiss and NOTICE of compliance re #6 Order, #11 MOTION to remand to State Court, #1 Notice of Removal, #5 Objection, #9 Order on motion to dismiss /Order on Motion for Miscellaneous Relief by Deputy Bisbee, Michael Hatton, Wayne Ivey (Attachments: #1 Wappler v. Kosmatka, Case No. 00-CV-75480)(Poulton, Thomas) Modified on 8/1/2019 (SPM).
July 31, 2019 Filing 15 RESPONSE in Opposition re #7 MOTION for miscellaneous relief, specifically Leave to File Amended Motion to Dismiss, or to Supplement Motion to Dismiss filed by Michael J. Wappler. (SPM)
July 29, 2019 Filing 14 Amended Motion to Dismiss and NOTICE of compliance re #6 Order, #11 MOTION to remand to State Court, #1 Notice of Removal, #5 Objection, #9 Order on motion to dismiss /Order on Motion for Miscellaneous Relief by Deputy Bisbee, Michael Hatton, Wayne Ivey (Poulton, Thomas) Modified on 7/30/2019 (SPM).
July 26, 2019 Filing 13 MOTION for miscellaneous relief, specifically enlargement of time to file Response in Opposition to Dispositive Motion, with Request for Clarification as to filing Amended Complaint currently state styled by Michael J. Wappler. (SPM)
July 26, 2019 Filing 12 Case Reassigned to Magistrate Judge Embry J. Kidd. New case number: 6:19-CV-1224-ORL-41-EJK. Magistrate Judge Thomas B. Smith no longer assigned to the case. (LMM)
July 24, 2019 Filing 11 MOTION to remand to State Court by Michael J. Wappler. (Attachments: #1 Exhibit A)(DMA)
July 24, 2019 Filing 10 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Michael J. Wappler. Related case(s): yes (DMA)
July 23, 2019 Opinion or Order Filing 9 ORDER denying as moot #4 motion to dismiss; granting #7 Motion for miscellaneous relief, specifically Leave to File Amended Motion to Dismiss, or to Supplement Motion to Dismiss. Defendants may file an amended motion to dismiss within 14 days from the date of this Order, which shall also address the matters set forth in paragraph two of the Court's Order of July 17, 2019 (Doc. 6). Signed by Magistrate Judge Thomas B. Smith on 7/23/2019. (EJS)
July 23, 2019 Filing 8 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Deputy Bisbee, Michael Hatton, Wayne Ivey. Related case(s): yes (Poulton, Thomas)
July 19, 2019 Filing 7 MOTION for miscellaneous relief, specifically Leave to File Amended Motion to Dismiss, or to Supplement Motion to Dismiss by Deputy Bisbee, Michael Hatton, Wayne Ivey. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Poulton, Thomas)
July 17, 2019 Opinion or Order Filing 6 ORDER allowing Plaintiff to file a reply to the Motion to Dismiss and requiring Defendants to file a reply to the Objection. Signed by Magistrate Judge Thomas B. Smith on 7/17/2019. (AJM)
July 16, 2019 Filing 5 OBJECTION to Removal of Action re #1 Notice of Removal. (SPM)
July 10, 2019 Filing 4 MOTION to Dismiss Complaint by Deputy Bisbee, Michael Hatton, Wayne Ivey. (Poulton, Thomas)
July 9, 2019 Filing 3 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 1. Notice of pendency of other actions due by 7/23/2019. Signed by D. Darley/Deputy Clerk on 7/9/2019. (DJD) ctp
July 3, 2019 Filing 2 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Thomas B. Smith. New case number: 6:19-cv-1224-Orl-41TBS. (SJB)
July 3, 2019 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court, Eighteenth Judicial Circuit, case number 05-2019-CA-024122 filed in State Court on April 5, 2019. Filing fee $ 400, receipt number 113A-15650185 filed by Bisbee, Michael Hatton, Wayne Ivey. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Poulton, Thomas)

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Defendant: Michael Hatton
Represented By: Thomas W. Poulton
Represented By: Jeffrey K. Grant
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Defendant: Wayne Ivey
Represented By: Thomas W. Poulton
Represented By: Jeffrey K. Grant
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Defendant: Deputy Bisbee
Represented By: Thomas W. Poulton
Represented By: Jeffrey K. Grant
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Plaintiff: Michael J. Wappler
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