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 |
| 6:2020cv01375 |
| July 31, 2020 |
| US District Court for the Middle District of Florida |
| Roy B Dalton |
| Daniel C Irick |
| Carlos E Mendoza |
| Civil Rights: Americans with Disabilities - Other |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 28, 2020. A more recent docket listing may be available from PACER.
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Filing 52
REPORT AND RECOMMENDATION re #37 MOTION to Remand to State Court filed by David Euwema, Charyl Euwema. It is RECOMMENDED that the Motion be DENIED. See Order. Signed by Magistrate Judge Daniel C. Irick on 9/28/2020. (RN)
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| Filing 51 REPLY to Response to Motion re #37 MOTION to Remand to State Court filed by Charyl Euwema, David Euwema. (Bolinger, Lisa) |
| Filing 50 CASE MANAGEMENT REPORT. (Bolinger, Lisa) |
| Filing 49 MOTION for Leave to File Other Document :Motion for Leave to Conduct Additional Depositions Beyond the Amount Allotted Under Fed. R. CIV. P. 30 by All Plaintiffs. (Bolinger, Lisa) |
| Filing 48 RESPONSE in Opposition re #41 MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law filed by Charyl Euwema, David Euwema. (Falto, Jolynn) |
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Filing 47
ENDORSED ORDER granting #46 Motion for Leave to File Reply. On or before 9/21/2020, Plaintiffs may file a five-page reply in support of the #37 motion to remand. Signed by Magistrate Judge Daniel C. Irick on 9/15/2020. (Irick, Daniel)
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| Set deadline: Reply due by 9/21/2020. (LDJ) |
| Filing 46 MOTION for Leave to File Other Document :Reply to Defendants' Joint Response to Plaintiffs' Motion to Remand by All Plaintiffs. (Bolinger, Lisa) |
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Filing 45
ENDORSED ORDER to strike 44 Notice of Cancellation of Deposition filed by Scott Kilmer. See Fed. R. Civ. P. 5(d)(1); Local Rule 3.03. The Clerk is directed to delete the document. Signed by Magistrate Judge Daniel C. Irick on 9/10/2020. (Irick, Daniel)
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| Filing 44 (DELETED per Endorsed Order 45) NOTICE of Cancellation of Depositions by Scott Kilmer (Reynolds, Lyman) Modified text on 9/9/2020 (LDJ). Modified text on 9/10/2020 (LDJ). |
| Filing 43 RESPONSE in Opposition re #36 MOTION to Dismiss for Failure to State a Claim filed by Charyl Euwema, David Euwema. (Bolinger, Lisa) |
| Filing 42 RESPONSE to Motion re #37 MOTION to Remand to State Court filed by Scott Kilmer. (Reynolds, Lyman) |
| Filing 41 MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law by Osceola County, Osceola County Fire Rescue & EMS. (Mari, Nicholas) |
| Filing 40 SUPPLEMENT re #37 MOTION to Remand to State Court Certificate of Conferring with Opposing Counsel Included in their Motion to Remand by Charyl Euwema, David Euwema. (Bolinger, Lisa) |
| Filing 39 NOTICE to the Courts to take judicial notice regarding #37 MOTION to Remand to State Court by Charyl Euwema, David Euwema. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Ross, Kevin) Modified text on 8/31/2020 (LDJ). |
| Filing 38 REPLY to Response to Motion re #2 MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law (filed in state court on 12/17/2019) filed by Scott Kilmer. (Reynolds, Lyman) |
| Filing 37 MOTION to Remand to State Court by All Plaintiffs. (Attachments: #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)(Bolinger, Lisa) Modified text on 8/26/2020 (LDJ). |
| Filing 36 MOTION to Dismiss for Failure to State a Claim by Orange County, Orange County Fire & Rescue. (Rego Chapman, Patricia) |
| Filing 35 RESPONSE in Opposition re #14 MOTION to Dismiss Plaintiffs' Complaint filed by Charyl Euwema, David Euwema. (Bolinger, Lisa) |
| Filing 34 RESPONSE in Opposition re #15 MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law filed by Charyl Euwema, David Euwema. (Bolinger, Lisa) |
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Filing 33
ENDORSED ORDER granting in part and denying in part #32 Motion for Leave to File Reply. Defendant Kilmer may file a single Reply to Doc. 22 not to exceed 5 pages on or before August 28, 2020. The Motion is deemed to be opposed but counsel are cautioned that meaningful meet & confer obligations will be enforced. The 3.01(g) certification provided here is not compliant with the Court's CMSO or the Local Rules. The Motion is otherwise denied. Signed by Judge Roy B. Dalton, Jr. on 8/21/2020. (Dalton, Jr., Roy)
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| Set deadline: Replies due by 8/28/2020. (LDJ) |
| Filing 32 MOTION for Leave to File Other Document :Replies to Plaintiffs' Response to Motion to Dismiss by Scott Kilmer. (Reynolds, Lyman) |
| Filing 31 Case Reassigned to Judge Roy B. Dalton, Jr.. New case number: 6:20-cv-1375-Orl-37DCI. Judge Carlos E. Mendoza no longer assigned to the case. (MAA) |
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Filing 30
ORDER transferring this case to the Honorable Roy B. Dalton, Jr., with his consent, pursuant to Local Rule 1.04(a). Signed by Judge Carlos E. Mendoza on 8/19/2020. (MEH) ctp
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| Filing 29 NOTICE of pendency of related cases re #8 Related Case Order per Local Rule 1.04(d) by City of St. Cloud, City of St. Cloud Fire & Rescue. Related case(s): no (Brionez, Stephanie) Modified on 8/19/2020 (ARJ). |
| Filing 28 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by City of Kissimmee, City of Kissimmee Fire Department. Related case(s): yes (Forsythe, Ian) |
| Filing 27 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by Charyl Euwema, David Euwema. Related case(s): yes (Falto, Jolynn) |
| Filing 26 NOTICE of pendency of related cases re #8 Related case order and track 2 notice per Local Rule 1.04(d) by Orange County, Orange County Fire & Rescue. Related case(s): y (Rego Chapman, Patricia) |
| Filing 25 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Orange County, Orange County Fire & Rescue. (Rego Chapman, Patricia) |
| Filing 24 NOTICE of pendency of related cases re #8 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) |
| Filing 23 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Osceola County, Osceola County Fire Rescue & EMS. (Mari, Nicholas) |
| Filing 22 RESPONSE in Opposition re #2 MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law (filed in state court on 12/17/2019) filed by Charyl Euwema, David Euwema. (Falto, Jolynn) |
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Filing 21
ENDORSED ORDER denying #3 Motion for Extension of Time to Respond to Discovery, filed in state court prior to removal. Discovery in this matter is now governed by the rules and orders of this Court. Signed by Magistrate Judge Daniel C. Irick on 8/14/2020. (Irick, Daniel)
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| Filing 20 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested Persons Order by City of St. Cloud, City of St. Cloud Fire & Rescue. (Brionez, Stephanie) Modified on 8/13/2020 (ARJ). |
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Filing 19
ENDORSED ORDER denying #17 First Motion for Extension of Time to File Response to Motion to Dismiss. No cause is stated in the motion for the extension, and the parties may not extend such deadlines by agreement. Signed by Magistrate Judge Daniel C. Irick on 8/13/2020. (Irick, Daniel)
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| Filing 18 NOTICE of pendency of related cases re #8 Related Case Order per Local Rule 1.04(d) by Scott Kilmer. Related case(s): yes (Reynolds, Lyman) Modified on 8/13/2020 (ARJ). |
| Filing 17 First MOTION for Extension of Time to File Response/Reply as to #2 MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law (filed in state court on 12/17/2019) by All Plaintiffs. (Falto, Jolynn) |
| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Charyl Euwema, David Euwema identifying Other Affiliate Charyl Euwema for Charyl Euwema; Other Affiliate David Euwema for David Euwema.. (Falto, Jolynn) |
| Filing 15 MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law by City of St. Cloud, City of St. Cloud Fire & Rescue. (Brionez, Stephanie) |
| Filing 14 MOTION to Dismiss Plaintiffs' Complaint by City of Kissimmee, City of Kissimmee Fire Department. (Forsythe, Ian) |
| Filing 13 NOTICE of Appearance by Lisa Elizabeth Bolinger on behalf of Charyl Euwema, David Euwema (Bolinger, Lisa) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by City of Kissimmee, City of Kissimmee Fire Department. (Forsythe, Ian) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #9 Interested persons order by Scott Kilmer. (Reynolds, Lyman) |
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Filing 10
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 8/4/2020. (MEH) ctp
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Filing 9
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 8/18/2020. Signed by Judge Carlos E. Mendoza on 8/4/2020. (MEH) ctp
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Filing 8
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - Track 2. Notice of pendency of other actions due by 8/18/2020. Signed by Judge Carlos E. Mendoza on 8/4/2020. (MEH) ctp
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| Filing 7 NOTICE OF CONSENT by City of St. Cloud, City of St. Cloud Fire & Rescue re #1 Notice of Removal. (MAA) |
| Filing 6 NOTICE OF CONSENT by Scott Kilmer re #1 Notice of Removal. (MAA) |
| Filing 5 NOTICE OF CONSENT by Osceola County, Osceola County Fire Rescue & EMS re #1 Notice of Removal. (MAA) |
| Filing 4 NOTICE OF CONSENT by Orange County Fire & Rescue, Osceola County re #1 Notice of Removal. (MAA) Modified on 7/31/2020 (MAA). |
| Filing 3 MOTION for Extension of Time to File Response to Discovery (filed in state court on 7/24/2020) by Osceola County, Osceola County Fire Rescue & EMS. (MAA) |
| Filing 2 MOTION to Dismiss Plaintiff's Complaint and Incorporated Memorandum of Law (filed in state court on 12/17/2019) by Scott Kilmer. (MAA) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Osceola County Court, case number 2019-CA-2397-ON filed in State Court on 7/26/2019 (Filing fee $ 400.00, receipt number ORL-92364) filed by City of Kissimmee Fire Department, City of Kissimmee. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents (Part 1), #4 State Court Other Documents (Part 2), #5 State Court Other Documents (Part 3), #6 State Court Other Documents Part 4), #7 Civil Cover Sheet)(MAA) |
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