Euwema et al v. Osceola County et al
| Charyl Euwema and David Euwema |
| City of St. Cloud, Osceola County Fire Rescue & EMS, Orange County, Osceola County, City of Kissimmee, City of St. Cloud Fire & Rescue, Scott Kilmer, Orange County Fire & Rescue and City of Kissimmee Fire Department |
| 6:2019cv01760 |
| September 9, 2019 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Leslie R Hoffman |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1442 |
| Both |
Docket Report
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This docket was last retrieved on December 5, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 67 MOTION to Strike #66 Notice (Other) by Charyl Euwema, David Euwema. (Falto, Jolynn) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 66 NOTICE of Filing Affidavit in Support re #46 Amended MOTION to quash service of process by City of Kissimmee (Attachments: #1 Affidavit of Maria Damas)(Forsythe, Ian) Modified on 11/5/2019 (BIA). |
| Filing 65 CASE MANAGEMENT REPORT. (Reynolds, Lyman) |
| Filing 64 REPLY to Response to Motion re #37 First MOTION to remand to State Court filed by Charyl Euwema, David Euwema. (Falto, Jolynn) |
Filing 63
ENDORSED ORDER granting #60 Motion to Conduct Case Management Conference Telephonically. Counsel for the City of St. Cloud, the City of St. Cloud Fire & Rescue, and Scott Kilmer may appear at the case management conference telephonically for the purpose of preparing the Case Management Report. Signed by Magistrate Judge Leslie R. Hoffman on 10/31/2019. (MDH)
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| Filing 62 RESPONSE to Motion re #46 Amended MOTION to quash service of process on City of Kissimmee filed by Charyl Euwema, David Euwema. (Attachments: #1 Exhibit City of Kissimmee Affidavit of Service, #2 Exhibit Example Affidavits of Service, #3 Exhibit Service upon the Department of Financial Services)(Falto, Jolynn) |
| Filing 61 RESPONSE in Opposition re #35 MOTION to Dismiss Plaintiffs' Complaint filed by Charyl Euwema, David Euwema. (Falto, Jolynn) |
| Filing 60 Joint MOTION for leave to file to appear by telephone at the parties' case management conference by City of St. Cloud, City of St. Cloud Fire & Rescue, Scott Kilmer. (Reynolds, Lyman) |
| Filing 59 NOTICE of Appearance by Lisa Elizabeth Bolinger on behalf of Charyl Euwema, David Euwema (Bolinger, Lisa) |
| Filing 58 NOTICE of Appearance by Jolynn Marie Falto on behalf of Charyl Euwema, David Euwema (Falto, Jolynn) |
| Filing 57 NOTICE of Appearance by Lyman H. Reynolds, Jr on behalf of Scott Kilmer (Reynolds, Lyman) |
| Set/reset deadlines as to #37 First MOTION to remand to State Court . Replies due by 11/4/2019. (BIA) |
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Filing 56
ENDORSED ORDER granting in part and denying in part #55 Motion for Leave to File Omnibus Reply to Scott Kilmer, City of St. Cloud, Osceola County, and Orange County's Response in Opposition to Motion to Remand. Plaintiffs may file a reply not to exceed five (5) pages on or before Monday, November 4, 2019. Signed by Judge Roy B. Dalton, Jr. on 10/28/2019. (MT)
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| Filing 55 MOTION for leave to file Omnibus Reply to Responses in Opposition to Motion to Remand by Charyl Euwema, David Euwema. (Ross, Kevin) |
| Filing 54 REPLY re #40 Response in Opposition to Motion filed by Scott Kilmer. (Reynolds, Lyman) Modified on 10/28/2019 (BIA). |
| Filing 53 REPLY re #43 Response in Opposition to Motion filed by Scott Kilmer. (Reynolds, Lyman) Modified on 10/28/2019 (BIA). |
| Filing 52 RESPONSE in Opposition re #37 First MOTION to remand to State Court filed by Orange County, Orange County Fire & Rescue. (Rego Chapman, Patricia) |
| Filing 51 NOTICE of Joinder re #47 Response in Opposition to Motion by Osceola County, Osceola County Fire Rescue & EMS (Mari, Nicholas) Modified on 10/23/2019 (BIA). |
| Filing 50 RESPONSE in Opposition re #37 First MOTION to remand to State Court filed by City of St. Cloud, City of St. Cloud Fire & Rescue. (Brionez, Stephanie) |
| Set/reset deadlines as to #33 MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law, #34 MOTION to Strike Claims for Intentional Infliction of Emotional Distress, Attorneys' Fees, and Punitive Damages with Incorporated Memorandum of Law. Replies due by 10/25/2019. (BIA) |
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Filing 49
ENDORSED ORDER granting in part and denying in part #48 Motion for Leave to File Replies to Motion to Strike and Motion to Dismiss. Defendant Scott Kilmer may file replies not to exceed five (5) pages on or before Friday, October 25, 2019. Signed by Judge Roy B. Dalton, Jr. on 10/18/2019. (MT)
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| Filing 48 Unopposed MOTION for leave to file to File Replies to Motion to Strike and Motion to Dismiss by Scott Kilmer. (Reynolds, Lyman) |
| Filing 47 RESPONSE in Opposition re #37 First MOTION to remand to State Court and Incorporated Memorandum of Law filed by Scott Kilmer. (Reynolds, Lyman) |
| Filing 46 Amended MOTION to quash service of process by City of Kissimmee. (Forsythe, Ian) |
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Filing 45
ORDER granting #39 Motion for Extension of Time. The Plaintiffs shall respond to the Motion to Dismiss (Doc. 35) on or before October 30, 2019. Signed by Magistrate Judge Leslie R. Hoffman on 10/16/2019. (MDH)
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| Set/reset deadlines as to #35 MOTION to Dismiss Plaintiffs' Complaint . Responses due by 10/30/2019 (BIA) |
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Filing 44
ENDORSED ORDER denying without prejudice #38 Motion to Quash Service of Process. The motion does not comply with Local Rule 3.01(g). Signed by Magistrate Judge Leslie R. Hoffman on 10/15/2019. (MDH)
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| Filing 43 RESPONSE in Opposition re #33 MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law filed by Charyl Euwema, David Euwema. (Ross, Kevin) |
| Filing 42 RESPONSE in Opposition re #9 MOTION to dismiss for failure to state a claim filed by Charyl Euwema, David Euwema. (Ross, Kevin) |
| Filing 41 RESPONSE in Opposition re #10 MOTION to Dismiss Plaintiffs' Complaint filed by Charyl Euwema, David Euwema. (Ross, Kevin) |
| Filing 40 RESPONSE in Opposition re #34 MOTION to Strike Claims for Intentional Infliction of Emotional Distress, Attorneys' Fees, and Punitive Damages with Incorporated Memorandum of Law filed by Charyl Euwema, David Euwema. (Ross, Kevin) |
| Filing 39 MOTION for Extension of Time to File Response/Reply as to #35 MOTION to Dismiss Plaintiffs' Complaint by Charyl Euwema, David Euwema. (Ross, Kevin) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 38 MOTION to quash service of process by City of Kissimmee. (Forsythe, Ian) |
| Filing 37 First MOTION to remand to State Court by Charyl Euwema, David Euwema. (Attachments: #1 Exhibit Exhibit 1 Affidavits of Service)(Ross, Kevin) |
| Filing 36 NOTICE of Consent to Removal by Scott Kilmer (Reynolds, Lyman) Modified on 10/9/2019 (BIA). |
| Filing 35 MOTION to Dismiss Plaintiffs' Complaint by City of St. Cloud, City of St. Cloud Fire & Rescue. (Brionez, Stephanie) |
| Filing 34 MOTION to Strike Claims for Intentional Infliction of Emotional Distress, Attorneys' Fees, and Punitive Damages with Incorporated Memorandum of Law by Scott Kilmer. (Reynolds, Lyman) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 33 MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law by Scott Kilmer. (Reynolds, Lyman) |
| Filing 32 Remark: Doc. #26 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/30/19. (EJV) |
| Filing 31 Remark: Doc. #30 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/30/19. (EJV) |
| Set/reset deadlines as to #10 MOTION to Dismiss Plaintiffs' Complaint , #9 MOTION to dismiss for failure to state a claim . Responses due by 10/14/2019 (BIA) |
| Filing 30 CERTIFICATE of interested persons and corporate disclosure statement re #4 Related case order and track 2 notice by Charyl Euwema, David Euwema. (Ross, Kevin) |
| Filing 29 Remark: Doc. #17 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/27/19. (EJV) |
| Filing 28 Remark: Doc. #21 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/27/19. (EJV) |
| Filing 27 Remark: Doc. #22 has been reviewed. Signed by Judge Roy B. Dalton, Jr. on 9/27/19. (EJV) |
| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Scott Kilmer. (Reynolds, Lyman) |
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Filing 25
ENDORSED ORDER granting #18 Motion for Extension of Time. On or before October 14, 2019, the Plaintiff shall respond to the pending motions to dismiss (Docs. 9, 10) and Defendant Scott Kilmer's forthcoming motion to dismiss (See Docs. 12, 15). Signed by Magistrate Judge Leslie R. Hoffman on 9/27/2019. (MDH)
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| Filing 24 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by City of St. Cloud, City of St. Cloud Fire & Rescue. Related case(s): yes (Brionez, Stephanie) |
| Filing 23 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Orange County, Orange County Fire & Rescue. Related case(s): y (Morris, G.) |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Orange County, Orange County Fire & Rescue. (Morris, G.) |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by City of St. Cloud, City of St. Cloud Fire & Rescue. (Brionez, Stephanie) |
| Filing 20 NOTICE of Filing Redacted Documents by Scott Kilmer re #13 Order on Motion to Seal (Attachments: #1 Exhibit redacted complaint, #2 Exhibit redacted docket, #3 Exhibit redacted summons)(Reynolds, Lyman) Modified on 9/26/2019 (BIA). |
| Filing 19 NOTICE of pendency of related cases #4 Related case order and track 2 notice per Local Rule 1.04(d) by Scott Kilmer. Related case(s): yes (Reynolds, Lyman) Modified on 9/26/2019 (BIA). |
| Filing 18 First MOTION for Extension of Time to File Response/Reply as to #9 MOTION to dismiss for failure to state a claim , #10 MOTION to Dismiss Plaintiffs' Complaint by Charyl Euwema, David Euwema. (Ross, Kevin) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re #5 Interested persons order by Osceola County, Osceola County Fire Rescue & EMS. (Mari, Nicholas) |
| Filing 16 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Osceola County, Osceola County Fire Rescue & EMS. Related case(s): yes (Mari, Nicholas) Modified on 9/26/2019 (BIA). |
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Filing 15
ORDER denying #12 Motion to Dismiss Plaintiffs' Complaint and Motions to Strike Claims for Intentional Infliction of Emotional Distress, Attorneys' Fees, and Punitive Damages. Signed by Judge Roy B. Dalton, Jr. on 9/25/2019. (ctp) (JLC)
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| Filing 14 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Charyl Euwema, David Euwema. Related case(s): Yes (Ross, Kevin) Modified on 9/26/2019 (BIA). |
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Filing 13
ORDER granting in part and denying in part #11 Motion to Seal, Remove, or Redact. On or before October 1, 2019, Chief Kilmer shall file a notice, to which he shall separately attach redacted and complete copies of the exhibits that contain his home address (Docs. 1-1; 1-2; 1-3). Upon the filing of the redacted copies of the exhibits, the Clerk is DIRECTED to STRIKE and DELETE docket entries 1-1, 1-2, and 1-3 from the record and REPLACE same with the redacted copies attached to Chief Kilmer's notice. See Order for additional details. Signed by Magistrate Judge Leslie R. Hoffman on 9/25/2019. (MDH)
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| Filing 12 MOTION to Dismiss Plaintiffs' Complaint , MOTION to Strike Claims for Intentional Infliction of Emotional Distress, Attorneys' Fees, and Punitive Damages with Incorporated Memorandum of Law by Scott Kilmer. (Reynolds, Lyman) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 11 MOTION for leave to file under seal to Seal, Remove, or Redact Chief Kilmer's Home Address by Scott Kilmer. (Reynolds, Lyman) |
| Filing 10 MOTION to Dismiss Plaintiffs' Complaint by Osceola County, Osceola County Fire Rescue & EMS. (Mari, Nicholas) |
| Filing 9 MOTION to dismiss for failure to state a claim by Orange County, Orange County Fire & Rescue. (Rego Chapman, Patricia) |
| Filing 8 NOTICE of Appearance by Lyman H. Reynolds, Jr on behalf of Scott Kilmer (Reynolds, Lyman) |
| Set/reset deadlines for City of St. Cloud, City of St. Cloud Fire & Rescue. Answer due by 10/2/2019. (BIA) |
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Filing 7
ENDORSED ORDER granting #6 Motion for Extension of Time. Defendants City of St. Cloud and City of St. Cloud Fire & Rescue shall file their response to the complaint on or before October 2, 2019. Signed by Magistrate Judge Leslie R. Hoffman on 9/12/2019. (MDH)
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| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply to Complaint by City of St. Cloud, City of St. Cloud Fire & Rescue. (Brionez, Stephanie) Motions referred to Magistrate Judge Leslie R. Hoffman. |
| Filing 5 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 9/26/2019. Signed by Deputy Clerk on 9/12/2019. (ctp)(JLC) |
| Filing 4 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 9/26/2019. Signed by Deputy Clerk on 9/12/2019. (ctp) (JLC) |
| Filing 3 NOTICE to counsel Jolynn Marie Falto of Local Rule 2.01, General Admission to Practice, which states - No person shall be permitted to appear or be heard as counsel for another in any proceeding in this Court unless first admitted to practice in the Court pursuant to this rule (or heretofore admitted under prior rules of the Court). Apply for membership to the bar of this Court at www.flmd.uscourts.gov (Signed by Deputy Clerk). (JP) |
| Filing 2 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Leslie R. Hoffman. New case number: 6:19-cv-1760-Orl-37LRH. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Ninth Judicial Circuit in and for Osceola County, case number 2019-CA-2397 filed in State Court on 07/26/2019. Filing fee $ 400, receipt number 113A-15897544 filed by Orange County Fire & Rescue, Orange County. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet, #5 Exhibit Consent to Removal Osceola County, #6 Exhibit Consent to Removal St. Cloud)(Rego Chapman, Patricia) Modified on 9/26/2019 (BIA). **Docket entries 1-1, 1-2, and 1-3 are STRICKEN, DELETED, and REPLACED per order #13** |
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