Steel et al v. Brevard County School Board et al
| Shirley Bezerra Steel, Jeff Steel and Jeffrey Steel |
| Brevard County School Board, Brevard Public Schools, Superintendent Mark Mullins, Brevard County School Board Chairwomen Misty Belford, Cherly McDougal, Jennifer Jenkins, Kristen Godden, Nichole Dougherty, Mark Mullins, Misty Belford and Brevard County School District |
| 6:2021cv02035 |
| December 3, 2021 |
| US District Court for the Middle District of Florida |
| David A Baker |
| Gregory J Kelly |
| Carlos E Mendoza |
| Civil Rights: Americans with Disabilities - Other |
| 05 U.S.C. § 7703 Discrimination - Review of Agency Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2023. A more recent docket listing may be available from PACER.
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Filing 144
ORDER directing the Clerk to Seal Docket Entries. See order for specific details. Signed by Judge Carlos E. Mendoza on 2/6/2023. (MEH)
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| Filing 143 CERTIFICATE of interested persons and corporate disclosure statement re #3 Order, 141 Order, by Nichole Dougherty. (Miklas, David) |
| Filing 142 CERTIFICATE of interested persons and corporate disclosure statement re #3 Order, 141 Order, by Kristen Godden. (Miklas, David) |
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Filing 141
ENDORSED ORDER directing Defendants Godden and Dougherty to comply with the Court's #3 Initial Order and file a Disclosure Statement on or before February 8, 2023. Failure to do so will result in the entry of default without further notice. Signed by Judge Carlos E. Mendoza on 2/1/2023. (VLC)
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| Filing 140 REPLY to Response to Motion re #137 Response to Motion #110 MOTION for Summary Judgment , re #138 Response to Motion #111 MOTION for Summary Judgment filed by Misty Belford, Brevard County School Board, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) Modified on 12/28/2022 to edit relationships and docket text (SRD). |
| Filing 139 NOTICE of filing Exhibits in Support by Jeffrey Steel, Shirley Bezerra Steel re #137 Response to motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U, #22 Exhibit V, #23 Exhibit W, #24 Exhibit X)(Whitney, Nicholas) Modified on 12/22/2022 (SPM). |
| Filing 138 NOTICE of Filing Exhibits in Support by Jeffrey Steel, Shirley Bezerra Steel re #136 Response to motion (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Exhibit O, #16 Exhibit P, #17 Exhibit Q, #18 Exhibit R, #19 Exhibit S, #20 Exhibit T, #21 Exhibit U)(Whitney, Nicholas) Modified on 12/21/2022 (SPM). |
| Filing 137 RESPONSE to Motion re #110 MOTION for Summary Judgment filed by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) |
| Filing 136 RESPONSE to Motion re #111 MOTION for Summary Judgment filed by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) |
| Filing 135 (RE-FILED. SEE #137.) RESPONSE to Motion re #110 MOTION for Summary Judgment filed by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) Modified on 12/14/2022 (SPM). |
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Filing 134
ENDORSED ORDER granting #133 Plaintiffs' Unopposed Motion to Enlarge the Page Limitation. Plaintiffs may file Responses that do not exceed thirty pages. Signed by Judge Carlos E. Mendoza on 12/9/2022. (VLC)
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| Filing 133 Unopposed MOTION to Enlarge the Page Limitation for Responding to Motions for Summary Judgment re #110 Motion for Summary Judgment and #111 Motion for Summary Judgment by All Plaintiffs. (Whitney, Nicholas) Modified on 12/9/2022 (SPM). |
| Filing 132 Defendants' Notice of Filing SEALED DOCUMENT re #110 Motion for Summary Judgment, 127 Order on Motion for Leave to File Under Seal Order on Motion for Extension of Time to Complete Discovery, #111 Motion for Summary Judgment, #109 Notice (Other) by Misty Belford, Brevard County School Board, Brevard County School District, Jennifer Jenkins, Cherly McDougal, Mark Mullins (Attachments: #1 Exhibit 1 [ECF 109-1], #2 Exhibit 2 [ECF 109-2], #3 Exhibit 3 [ECF 109-3], #4 Exhibit 4 [ECF 109-4], #5 Exhibit 5 [ECF 109-5], #6 Exhibit 6 [ECF 109-6], #7 Exhibit 7 [ECF 109-7], #8 Exhibit 8 [ECF 109-24], #9 Exhibit 9 [ECF 109-26], #10 Exhibit 10 [ECF 109-27], #11 Exhibit 11 [ECF 109-28], #12 Exhibit 12 [ECF 109-29], #13 Exhibit 13 [ECF 109-30], #14 Exhibit 14 [ECF 109-31], #15 Exhibit 15 [ECF 109-33], #16 Exhibit 16 [ECF 109-34], #17 Exhibit 17 [ECF 109-35])(Sniffen, Robert). |
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Filing 131
ENDORSED ORDER granting #114 Defendants' Motion for Leave to Accept Motions as Timely Filed. Defendants' motions filed on November 2, 2022 are accepted as timely filed. Signed by Judge Carlos E. Mendoza on 12/5/2022. (VLC)
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Filing 130
ENDORSED ORDER granting #107 Defendants' Motion to Enlarge the Page Limitation for Motions for Summary Judgment. In the future, such requests made on the filing deadline will not be granted. Signed by Judge Carlos E. Mendoza on 12/5/2022. (VLC)
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Filing 129
ENDORSED ORDER denying as moot #118 Motion to Strike; granting #128 Motion for Extension of Time to File Response / Reply. Signed by Magistrate Judge David A. Baker on 12/4/2022. (Baker, David)
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| Filing 128 Joint MOTION for Extension of Time to File Response/Reply to Defendants Motions for Summary Judgment by All Plaintiffs. (Whitney, Nicholas) |
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Filing 127
ENDORSED ORDER granting #108 Motion for leave to file under seal; denying #119 Motion for Extension of Time to Complete Discovery. The parties have had sufficient opportunity to complete discovery, and the case has been submitted on the motion for summary judgment. Signed by Magistrate Judge David A. Baker on 12/2/2022. (Baker, David)
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| Filing 126 RESPONSE to Motion re #103 MOTION for Summary Judgment filed by Jeffrey Steel. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J)(Whitney, Nicholas) Modified on 11/23/2022 (SPM). |
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Filing 125
ENDORSED ORDER granting #124 Motion for Extension of Time to File Response / Reply. Signed by Magistrate Judge David A. Baker on 11/21/2022. (Baker, David)
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| Filing 124 Unopposed MOTION for Extension of Time to December 6, 2022, to File Response/Reply as to #110 MOTION for Summary Judgment , #111 MOTION for Summary Judgment by All Plaintiffs. (Whitney, Nicholas) Modified on 11/21/2022 (SPM). |
| Filing 121 RESPONSE to Motion re #119 MOTION for Extension of Time to Complete Discovery Deadlines filed by Misty Belford, Brevard County School Board, Brevard County School District, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (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)(Sniffen, Robert) |
| Filing 120 Minute Entry. Telephonic Proceedings held before Judge Carlos E. Mendoza: STATUS CONFERENCE held on 11/7/2022. Court Reporter: Suzanne L. Trimble (MEH) |
| Filing 119 MOTION for Extension of Time to Complete Discovery Deadlines by All Plaintiffs. (Whitney, Nicholas) Motions referred to Magistrate Judge David A. Baker. Modified on 11/7/2022 (SPM). |
| Filing 118 MOTION to Strike Defendants' Untimely Motions for Summary Judgment and Daubert Motion re #110 MOTION for Summary Judgment , #111 MOTION for Summary Judgment , #112 Joint MOTION for Miscellaneous Relief, specifically Preclude Experts from Testifying and/or to Exclude Expert Testimony and Memorandum of Law in Support , #109 Notice Exhibits in Support of Motion for Summary Judgment by All Plaintiffs. (Whitney, Nicholas) Modified on 11/7/2022 (SPM). |
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Filing 117
ENDORSED ORDER denying as moot #54 Defendants', Mullins, Belford, McDougall, and Jenkins, Motion to Dismiss; denying as moot #55 Brevard County School Board and Brevard County Public Schools' Motion to Dismiss; and denying as moot #56 Defendant Godden and Dougherty's Motion to Dismiss in light of #101 Defendant Godden's Answer; #102 Defendant Dougherty's Answer; #105 Defendant Brevard County School Board's Answer; #106 Individual Defendants' Answer; and #116 Defendants' Joint Notice of Mootness of Motions to Dismiss. Signed by Judge Carlos E. Mendoza on 11/3/2022. (VLC)
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| Filing 116 Joint NOTICE of Mootness of Motions to Dismiss by Misty Belford, Brevard County School Board, Nichole Dougherty, Kristen Godden, Jennifer Jenkins, Cherly McDougal, Mark Mullins re #56 MOTION to Dismiss for Failure to State a Claim and Motion for Judgment on the Pleadings, #55 MOTION to Dismiss Third Amended Complaint and MOTION for Judgment on the Pleadings, #54 MOTION to Dismiss Third Amended Complaint and MOTION for Judgment on the Pleadings (Ignacio, Elmer) Modified on 11/3/2022 (SPM). |
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Filing 115
ORDER denying #73 Motion for Protective Order; denying #79 Motion ; denying #83 Motion for Sanctions; denying #84 Motion for Sanctions; denying #96 Motion for Reconsideration / Clarification re #73 Emergency MOTION for Protective Order filed by Brevard County School Board, #79 MOTION for Miscellaneous Relief, specifically Extension of Time to Complete Mediation filed by Misty Belford, Mark Mullins, Brevard County School Board, Jennifer Jenkins, Cherly McDougal, #83 Amended MOTION for Sanctions filed by Jeffrey Steel, Shirley Bezerra Steel, #84 MOTION for Sanctions filed by Jeffrey Steel, Shirley Bezerra Steel, #96 MOTION for Reconsideration re 92 Order on Motion for Sanctions filed by Jeffrey Steel, Shirley Bezerra Steel. See Order for Additional Details. Signed by Magistrate Judge David A. Baker on 11/2/2022. (JW)
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| Filing 114 MOTION for Miscellaneous Relief, specifically For Leave To Accept Motions as Timely Filed (Docs. 109, 110, 111 and 112) by Misty Belford, Brevard County School Board, Brevard County School District, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) |
| Filing 113 NOTICE OF HEARING: Telephonic Status Conference set for 11/7/2022 at 1:15 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The parties shall call 866-434-5269 five minutes before the hearing is scheduled to begin. Access Code: 4420602. Security Code: 110722. (MEH) |
| Filing 111 MOTION for Summary Judgment by Misty Belford, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) |
| Filing 110 MOTION for Summary Judgment by Brevard County School Board, Brevard County School District. (Sniffen, Robert) |
| Filing 112 Joint MOTION for Miscellaneous Relief, specifically Preclude Experts from Testifying and/or to Exclude Expert Testimony and Memorandum of Law in Support by All Defendants. (Attachments: #1 Exhibit Def.'s Sept. 26, 2022, letter, #2 Exhibit Pl.'s Sept. 28, 2022, letter, #3 Exhibit Def's Oct. 13, 2022, letter, #4 Exhibit Mansell report, #5 Exhibit Pl.'s Amen Expert Disclosure)(Ignacio, Elmer) Modified on 11/2/2022 (SPM). |
| Filing 109 NOTICE of Filing in Support of Motion for Summary Judgment by Misty Belford, Brevard County School Board, Brevard County School District, Jennifer Jenkins, Cherly McDougal, Mark Mullins (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, #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 22, #23 Exhibit 23, #24 Exhibit 24, #25 Exhibit 25, #26 Exhibit 26, #27 Exhibit 27, #28 Exhibit 28, #29 Exhibit 29, #30 Exhibit 30, #31 Exhibit 31, #32 Exhibit 32, #33 Exhibit 33, #34 Exhibit 34, #35 Exhibit 35, #36 Exhibit 36, #37 Exhibit 37, #38 Exhibit 38, #39 Exhibit 39, #40 Exhibit 40, #41 Exhibit 41)(Sniffen, Robert) Modified on 11/2/2022 (SPM). |
| Filing 108 MOTION for leave to file under Seal Motions for Summary Judgment and Exhibits by Misty Belford, Brevard County School Board, Brevard County School District, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) Motions referred to Magistrate Judge David A. Baker. Modified on 11/2/2022 (SPM). |
| Filing 107 MOTION to Enlarge the Page Limitation for Motions for Summary Judgment by Misty Belford, Brevard County School Board, Brevard County School District, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) Modified on 11/2/2022 (SPM). |
| Filing 106 ANSWER and affirmative defenses to #49 Third Amended Complaint by Misty Belford, Jennifer Jenkins, Cherly McDougal, Mark Mullins.(Ignacio, Elmer) Modified on 11/2/2022 (SPM). |
| Filing 105 ANSWER and affirmative defenses to #49 Third Amended Complaint by Brevard County School Board, Brevard County School District.(Ignacio, Elmer) Modified on 11/2/2022 (SPM). |
| Filing 104 NOTICE of filing Declarations and Relevant Portions of Depositions by Nichole Dougherty, Kristen Godden re #103 MOTION for Summary Judgment (Attachments: #1 Exhibit Declaration of Godden, #2 Exhibit Declaration of Dougherty, #3 Exhibit Depo transcript Godden, #4 Exhibit Depo Transcript Dougherty, #5 Exhibit Depo Transcript Principal Shelley Michaud, #6 Exhibit Depo Transcript McDougal, #7 Exhibit Depo Transcript Shirley Steel, #8 Exhibit Depo Transcript Jeffrey Steel, #9 Exhibit Depo Transcript Sandra Pizarro Lopez)(Miklas, David) Modified on 11/2/2022 (SPM). |
| Filing 103 MOTION for Summary Judgment by Nichole Dougherty, Kristen Godden. (Miklas, David) |
| Filing 102 ANSWER and affirmative defenses to #49 Third Amended Complaint by Nichole Dougherty.(Miklas, David) Modified on 11/2/2022 (SPM). |
| Filing 101 ANSWER and affirmative defenses to #49 Third Amended Complaint by Kristen Godden.(Miklas, David) Modified on 11/2/2022 (SPM). |
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Filing 100
ORAL ORDER to strike re: 94 Witness List filed by Jeffrey Steel, Shirley Bezerra Steel. Clerk is directed to strike & remove document from the docket. Rendered in open court by Magistrate Judge David A. Baker on 11/1/2022. (JW)
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| Filing 99 Minute Entry. Virtual Proceedings held before Magistrate Judge David A. Baker: MOTION HEARING held on 11/1/2022 re #84 MOTION for Sanctions filed by Jeffrey Steel, Shirley Bezerra Steel, #76 Amended MOTION for Sanctions for Violation of Florida Statute 627.4137 and Untruthful Answers to Rule 26 Disclosures filed by Jeffrey Steel, Shirley Bezerra Steel, #73 Emergency MOTION for Protective Order filed by Brevard County School Board, #79 MOTION for Miscellaneous Relief, specifically Extension of Time to Complete Mediation filed by Misty Belford, Mark Mullins, Brevard County School Board, Jennifer Jenkins, Cherly McDougal, and #83 Amended MOTION for Sanctions filed by Jeffrey Steel, Shirley Bezerra Steel. (DIGITAL/ZOOM) (JW) (JW). |
| Filing 98 NOTICE of supplemental authority by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) |
| Filing 97 Omnibus RESPONSE in Opposition re #84 MOTION for Sanctions , #76 Amended MOTION for Sanctions for Violation of Florida Statute 627.4137 and Untruthful Answers to Rule 26 Disclosures , #83 Amended MOTION for Sanctions filed by Misty Belford, Brevard County School Board, Brevard County School District, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (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, #13 Exhibit 13, #14 Exhibit 14, #15 Exhibit 15)(Sniffen, Robert) Modified on 10/31/2022 (SPM). |
| Filing 96 MOTION for Reconsideration re 92 Order on Motion for Sanctions by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) |
| Filing 95 RESPONSE to Motion re #73 Emergency MOTION for Protective Order filed by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) Modified on 10/31/2022 (SPM). |
| Filing 94 *STRICKEN & REMOVED PER ORDER AT 100.* Amended Expert Witness Disclosure by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) Modified on 10/31/2022 (SPM). Modified on 11/1/2022 (JW). |
| Filing 93 RESPONSE to Order on Pending Motions re 88 Order filed by Jeffrey Steel, Shirley Bezerra Steel. (Attachments: #1 Exhibit Confirmation of Filing on 10-27-22)(Whitney, Nicholas) Modified on 10/28/2022 (SPM). |
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Filing 92
ENDORSED ORDER denying as moot #76 Motion for Sanctions. Signed by Magistrate Judge David A. Baker on 10/28/2022. (Baker, David)
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| Filing 91 RESPONSE re 88 Order filed by Nichole Dougherty, Kristen Godden. (Miklas, David) Modified on 10/28/2022 (SPM). |
| Filing 90 (RE-FILED WITH CORRECT EVENT. SEE #93.) RESPONSE re 88 Order by Jeffrey Steel.(Whitney, Nicholas) Modified on 10/28/2022 (SPM). |
| Filing 89 RESPONSE Regarding Pending Motions re 88 Order filed by Misty Belford, Brevard County School Board, Brevard County School District, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) Modified on 10/27/2022 (SPM). |
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Filing 88
ENDORSED ORDER: By Thursday, October 27, 2022, each party shall file a notice indicating whether any of the pending motions may be denied as moot. Signed by Magistrate Judge David A. Baker on 10/24/2022. (Baker, David)
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| Filing 87 NOTICE of hearing on motions re #83 Amended MOTION for Sanctions , #73 Emergency MOTION for Protective Order , #79 MOTION for Miscellaneous Relief, specifically Extension of Time to Complete Mediation , #84 MOTION for Sanctions , #76 Amended MOTION for Sanctions for Violation of Florida Statute 627.4137 and Untruthful Answers to Rule 26 Disclosures . Motion Hearing set for 11/1/2022 at 02:00 PM in Zoom Video Conference before Magistrate Judge David A. Baker. A Zoom link has been provided to counsel via email.(TNP) |
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Filing 86
ENDORSED ORDER: Oral argument on the pending motions at docket entries 73, 76, 79, 83 and 84 will be held Tuesday November 1, 2022, at 2:00 p.m. before the undersigned. A Zoom meeting link will be provided to counsel. Signed by Magistrate Judge David A. Baker on 10/20/2022. (Baker, David)
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Filing 85
ENDORSED ORDER granting #80 Motion to Strike #80 NOTICE of filing Amended Exhibit and Request to Strike. The Clerk is DIRECTED to work with counsel to correct the record and delete any improperly filed entries. Signed by Magistrate Judge David A. Baker on 10/20/2022. (Baker, David)
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| Filing 84 MOTION for Sanctions by All Plaintiffs. (Whitney, Nicholas) |
| Filing 83 Amended MOTION for Sanctions by All Plaintiffs. (Whitney, Nicholas) |
| Filing 82 Amended MEDIATION report Hearing held on 10/10/2022. Hearing outcome: IMPASSE. (Sands, Kimberly) Modified on 10/13/2022 (SPM). |
| Filing 81 MEDIATION report Hearing held on 10/10/2022. Hearing outcome: IMPASSE.. (Sands, Kimberly) |
| Filing 80 NOTICE of filing Amended Exhibit and Request to Strike by Misty Belford, Brevard County School Board, Jennifer Jenkins, Cherly McDougal, Mark Mullins re #79 MOTION for Miscellaneous Relief, specifically Extension of Time to Complete Mediation (Attachments: #1 Exhibit Amended Exhibit 1 to Document 79)(Sniffen, Robert) Modified on 10/3/2022 (SPM). |
| Filing 79 MOTION for Miscellaneous Relief, specifically Extension of Time to Complete Mediation by Misty Belford, Brevard County School Board, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Attachments: # 1 Exhibit 1, #2 Exhibit 2)(Sniffen, Robert) Modified on 10/21/2022 (SPM). **Exhibit 1-STRICKEN and REMOVED per #85 Order** |
| Filing 78 RESPONSE in Opposition to Motion re #76 Amended MOTION for Sanctions for Violation of Florida Statute 627.4137 and Untruthful Answers to Rule 26 Disclosures filed by Misty Belford, Brevard County School Board, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Attachments: #1 Exhibit 1)(Sniffen, Robert) Modified on 9/26/2022 (SPM). |
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Filing 77
ENDORSED ORDER denying as moot #75 Motion for Sanctions. The amended motion (Doc. 76) remains pending. Signed by Magistrate Judge David A. Baker on 9/20/2022. (Baker, David)
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| Filing 76 Amended MOTION for Sanctions for Violation of Florida Statute 627.4137 and Untruthful Answers to Rule 26 Disclosures by All Plaintiffs. (Whitney, Nicholas) Modified on 9/19/2022 (SPM). |
| Filing 75 MOTION for Sanctions for Violation of Florida Statute 627.4137 and Untruthful Answers to Rule 26 Disclosures by All Plaintiffs. (Whitney, Nicholas) Modified on 9/19/2022 (SPM). |
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Filing 74
ENDORSED ORDER: In view of the provisions of FRCP 37(d) (2) and 26(c), the Court will not treat the motion at doc. 73 as an emergency matter. Signed by Magistrate Judge David A. Baker on 9/14/2022. (Baker, David)
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| Filing 73 Emergency MOTION for Protective Order by Brevard County School Board. (Attachments: #1 Exhibit Pltfs NOTDDT of BCSB Corp Rep 09-14, #2 Exhibit Pls.' email to Def. matters for exam., #3 Exhibit Def. email to Pls. for clarification, #4 Exhibit Def. email to Pls. re Notice DT)(Ignacio, Elmer) Motions referred to Magistrate Judge David A. Baker. |
| Filing 72 NOTICE of Appearance by Elmer C. Ignacio on behalf of Misty Belford, Brevard County School Board, Brevard Public Schools, Jennifer Jenkins, Cherly McDougal, Mark Mullins (Ignacio, Elmer) |
| Filing 71 NOTICE of Appearance by Terry Joseph Harmon on behalf of Misty Belford, Brevard County School Board, Brevard Public Schools, Jennifer Jenkins, Cherly McDougal, Mark Mullins (Harmon, Terry) |
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Filing 70
ENDORSED ORDER: Under the Local Rules, discovery matters are not to be filed as a matter of routine. Therefore, the filing of the disclosures is not authorized. Accordingly, it is ORDERED that Docket No. 69 be STRICKEN and removed from the electronic docket. As this is not the first violation of this rule, all counsel are admonished that future violations will result in imposition of sanctions. Signed by Magistrate Judge David A. Baker on 8/3/2022. (Baker, David)
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| Filing 69 **STRICKEN per 70 Order** NOTICE of filing Plaintiffs Expert Witness Disclosure by Jeffrey Steel, Shirley Bezerra Steel e (Whitney, Nicholas) Modified on 8/3/2022 (SPM). |
| Filing 68 Case Reassigned to Magistrate Judge David A. Baker. New case number: 6:21-cv-2035-CEM-DAB. US Magistrate Judge Gregory J Kelly no longer assigned to the case. (LMW) |
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Filing 67
ENDORSED ORDER: Document No. 65 and 66 are STRICKEN as improperly filed discovery material. The Clerk is DIRECTED to remove them from the electronic docket. Signed by Magistrate Judge David A. Baker on 6/16/2022. (Baker, David)
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| Filing 66 **STRICKEN and REMOVED per 67 Order** NOTICE of Deposition Duces Tecum of Kristen Goddard by Jeffrey Steel, Shirley Bezerra Steel (Whitney, Nicholas) Modified on 6/16/2022 (SPM). |
| Filing 65 **STRICKEN and REMOVED per 67 Order** NOTICE of Deposition Duces Tecum of Nichole Doughtery by Jeffrey Steel, Shirley Bezerra Steel (Whitney, Nicholas) Modified on 6/16/2022 (SPM). |
| Filing 64 NOTICE of mediation conference/hearing to be held on October 10, 2022 at 9:30 am before Kimberly Sands. (Whitney, Nicholas) |
| Filing 63 RESPONSE re #54 MOTION to Dismiss Third Amended Complaint and MOTION for Judgment on the Pleadings filed by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) Modified on 6/9/2022 (SPM). |
| Filing 62 RESPONSE re #56 MOTION to Dismiss for Failure to State a Claim and Motion for Judgment on the Pleadings filed by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) |
| Filing 61 RESPONSE re #55 MOTION to Dismiss Third Amended Complaint and MOTION for Judgment on the Pleadings filed by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) |
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Filing 59
ENDORSED ORDER denying #36 Unopposed Motion to Stay Discovery. Signed by Judge Carlos E. Mendoza on 5/23/2022. (KMS)
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Filing 58
ENDORSED ORDER granting #57 Motion to Seal. The materials to be filed under seal include private medical information. Signed by Magistrate Judge David A. Baker on 5/19/2022. (Baker, David)
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| Filing 57 MOTION to Seal Exhibits in Support of Motion to Dismiss Third Amended Complaint by Misty Belford, Brevard County School Board, Brevard County School District, Brevard Public Schools, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) Motions referred to Magistrate Judge Gregory J. Kelly. Modified on 5/19/2022 (SPM). |
| Filing 56 MOTION to Dismiss for Failure to State a Claim and Motion for Judgment on the Pleadings by Nichole Dougherty, Kristen Godden. (Miklas, David) Modified on 5/19/2022 (SPM). |
| Filing 55 MOTION to Dismiss Third Amended Complaint and MOTION for Judgment on the Pleadings by Brevard County School Board, Brevard County School District, Brevard Public Schools. (Sniffen, Robert) Modified on 5/19/2022 (SPM). |
| Filing 54 MOTION to Dismiss Third Amended Complaint and MOTION for Judgment on the Pleadings by Misty Belford, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) Modified on 5/19/2022 (SPM). |
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Filing 53
ENDORSED ORDER granting #52 Motion for Extension of Time to File Response / Reply. Signed by Magistrate Judge David A. Baker on 5/11/2022. (Baker, David)
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| Filing 52 Unopposed Joint MOTION for Extension of Time to May 18, 2022, to File Response/Reply as to #49 Third Amended Complaint by All Defendants. (Diot, Kristen) Modified on 5/11/2022 (SPM). |
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Filing 51
ENDORSED ORDER: Document No. 50 is STRICKEN as improperly filed discovery material. The Clerk is DIRECTED to remove it from the electronic docket. Signed by Magistrate Judge David A. Baker on 5/2/2022. (Baker, David)
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| Filing 50 **STRICKEN AND REMOVED PER 51 ORDER** NOTICE of Rule 26(a) disclosures by Nichole Dougherty (Miklas, David) Modified on 4/29/2022 (SPM). Modified on 5/2/2022 (KNC). |
| Filing 49 Third AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. (Attachments: #1 Exhibit Exhibits A and B to 3rd AC)(Whitney, Nicholas) Modified on 4/28/2022 (SPM). |
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Filing 48
ENDORSED ORDER denying as moot #29 Motion to Dismiss for Failure to State a Claim; denying as moot #37 Motion to Dismiss; denying as moot #38 Motion to Dismiss; denying as moot #41 Motion to Dismiss for Failure to State a Claim; granting #42 Motion to Amend. The moving party shall file the amended document as a separate docket entry within seven days. This Order does not address any of the issues advanced in the motions denied herein, and the Court is mindful that Plaintiffs have had opportunities to address any pleading issues with respect to those issues. Signed by Magistrate Judge David A. Baker on 4/20/2022. (Baker, David)
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| Filing 47 NOTICE OF SELECTION of Kimberly Sands as mediator by Misty Belford, Brevard County School Board, Brevard County School District, Brevard Public Schools, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) |
| Filing 46 RESPONSE to Plaintiffs' Motion for Leave to File Third Amended Complaint re #42 MOTION for leave to Amend Second Amended Complaint filed by Misty Belford, Brevard County School Board, Brevard County School District, Brevard Public Schools, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) Modified on 4/6/2022 (SPM). |
| Filing 45 **VACATED per #115 Order** CASE REFERRED to Mediation. (SPM) Modified on 11/3/2022 (SPM). |
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Filing 44
ORDER directing the parties to confer, and then advise the Court, on the selection of a mediator, on or before April 11, 2022. Signed by Judge Carlos E. Mendoza on 3/28/2022. (MEH)
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Filing 43
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 5/30/2022 Joinder of Parties due by 5/30/2022 Discovery due by 9/30/2022 Dispositive motions due by 11/1/2022 Pretrial statement due by 3/6/2023 All other motions due by 3/6/2023 Plaintiff disclosure of expert report due by 8/2/2022 Defendant disclosure of expert report due by 9/1/2022 Trial Status Conference set for 3/16/2023 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Jury Trial set for April 2023 trial term in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 10/14/2022. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 3/28/2022. (MEH)
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| Filing 42 MOTION for Leave to Amend #25 Second Amended Complaint by All Plaintiffs. (Attachments: #1 Exhibit Plaintiffs Third Amended Complaint, #2 Exhibits A and B to Third Amended Complaint)(Whitney, Nicholas) Modified on 3/22/2022 (SPM). |
| Filing 41 MOTION to Dismiss #25 Second Amended Complaint for Failure to State a Claim and MOTION for Judgment on the Pleadings by Nichole Dougherty. (Miklas, David) Modified on 3/11/2022 (SPM). |
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Filing 40
ENDORSED ORDER granting #39 Motion for Extension of Time to File Response / Reply. Signed by Magistrate Judge David A. Baker on 3/5/2022. (Baker, David)
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| Filing 39 Unopposed MOTION for Extension of Time to March 22, 2022, to File Response/Reply by All Plaintiffs. (Whitney, Nicholas) Modified on 3/7/2022 (SPM). |
| Filing 38 Amended MOTION to Dismiss #25 Second Amended Complaint and Motion for Judgment on the Pleadings and Incorporated Memorandum of Law by Brevard County School Board, Brevard County School District, Brevard Public Schools. (Sniffen, Robert) Modified on 3/2/2022 (SPM). |
| Filing 37 Amended MOTION to Dismiss #25 Second Amended Complaint and Motion for Judgment on the Pleadings and Incorporated Memorandum of Law by Misty Belford, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) Modified on 3/2/2022 (SPM). |
| Filing 36 Unopposed MOTION to Stay Discovery Pending Final Adjudication of Dispositive Motion and Incorporated Memorandum of Law by All Defendants. (Sniffen, Robert) Modified on 2/24/2022 (SPM). |
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Filing 35
ENDORSED ORDER granting #34 Defendants' Unopposed Motion for Clarification. On or before March 1, 2022, Defendants may file Amended Motions to Dismiss, or Defendants may file Answers within the time permitted by the Federal Rules of Civil Procedure to do so. Signed by Judge Carlos E. Mendoza on 2/22/2022.(VLC)
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| Filing 34 Unopposed MOTION for Clarification re #30 MOTION to Dismiss Second Amended Complaint , #28 MOTION to Dismiss Second Amended Complaint and Incorporated Memorandum of Law by Misty Belford, Brevard County School Board, Brevard County School District, Brevard Public Schools, Nichole Dougherty, Kristen Godden, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) |
| Filing 33 CASE MANAGEMENT REPORT. (Sniffen, Robert) |
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Filing 32
ENDORSED ORDER denying #30 Brevard County School Board and Brevard County Public Schools' Motion to Dismiss for failure to comply with Local Rule 3.01(g). Signed by Judge Carlos E. Mendoza on 2/15/2022. (VLC)
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Filing 31
ENDORSED ORDER denying #28 Superintendent Mark Mullins, School Board Chairwoman Misty Belford, School Board Member Cheryl McDougall and School Board Member Jennifer Jenkins' Motion to Dismiss for failure to comply with Local Rule 3.01(g). Signed by Judge Carlos E. Mendoza on 2/15/2022. (VLC)
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| Filing 30 MOTION to Dismiss Second Amended Complaint by Brevard County School Board, Brevard County School District. (Sniffen, Robert) |
| Filing 29 MOTION to Dismiss for Failure to State a Claim and MOTION for Judgment on the Pleadings by Kristen Godden. (Miklas, David) Modified on 2/15/2022 (SPM). |
| Filing 28 MOTION to Dismiss Second Amended Complaint by Misty Belford, Jennifer Jenkins, Cheryl McDougal, Mark Mullins (Sniffen, Robert) Modified on 2/15/2022 (SPM). |
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Filing 27
ENDORSED ORDER vacating re- #5 ADA Scheduling Order. The parties are directed to file a Case Management Report on or before February 16, 2022. Signed by Judge Carlos E. Mendoza on 2/2/2022. (MEH) ctp
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Filing 26
ENDORSED ORDER denying as moot #22 Defendants' Motion to Dismiss in light of #25 Second Amended Complaint. Signed by Judge Carlos E. Mendoza on 2/1/2022. (VLC)
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| Filing 25 Second AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Jeffrey Steel, Shirley Bezerra Steel. Related document: #10 Amended Complaint filed by Jeffrey Steel, Shirley Bezerra Steel.(Whitney, Nicholas) Modified text on 2/1/2022 (ARJ). |
| Filing 24 NOTICE of Appearance by Matt Smith, I on behalf of Misty Belford, Brevard County School Board, Brevard Public Schools, Jennifer Jenkins, Cherly McDougal, Mark Mullins (Smith, Matt) |
| Filing 23 SUPPLEMENT by Misty Belford, Brevard County School Board, Brevard Public Schools, Kristen Godden, Jennifer Jenkins, Cherly McDougal, Mark Mullins re #22 MOTION to Dismiss Amended Complaint or, in the Alternative, Motion for More Definite Statement and Incorporated Memorandum of Law (Sniffen, Robert) Modified text on 1/21/2022 (ARJ). |
| Filing 22 MOTION to Dismiss Amended Complaint or, in the Alternative, Motion for More Definite Statement and Incorporated Memorandum of Law by Misty Belford, Brevard County School Board, Brevard Public Schools, Kristen Godden, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) |
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Filing 21
ENDORSED ORDER granting #20 Motion to Substitute Attorney. Attorney Robert Jacob Sniffen terminated as to defendants Godden and Dougherty. Signed by Magistrate Judge David A. Baker on 1/18/2022. (Baker, David)
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| Filing 20 Unopposed MOTION to Substitute Attorney by Nichole Dougherty, Kristen Godden. (Miklas, David) Motions referred to Magistrate Judge Gregory J. Kelly. |
| Filing 19 CERTIFICATE of Interested Persons and Corporate Disclosure Statement re #3 Initial Order filed by Misty Belford, Brevard County School Board, Brevard Public Schools, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) Modified on 1/18/2022 (RDO). |
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Filing 18
ORDER granting #17 DEFENDANTS' UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO AMENDED COMPLAINT AND INCORPORATED MEMORANDUM OF LAW. The defendants shall file a response to Plaintiff's Amended Complaint on or before 1/18/2022. Signed by Magistrate Judge Gregory J. Kelly on 12/28/2021. (CRC)
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| Filing 17 MOTION for Extension of Time to File Response/Reply as to #10 Amended Complaint by Misty Belford, Brevard County School Board, Brevard Public Schools, Kristen Godden, Jennifer Jenkins, Cherly McDougal, Mark Mullins. (Sniffen, Robert) |
| Filing 16 ANSWER to court interrogatories by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) |
| Filing 15 NOTICE of Appearance by Robert Jacob Sniffen on behalf of Misty Belford, Brevard County School Board, Brevard Public Schools, Nichole Dougherty, Kristen Godden, Jennifer Jenkins, Cherly McDougal, Mark Mullins (Sniffen, Robert) |
| Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Jeffrey Steel, Shirley Bezerra Steel re #5 Case Management / FLSA / ADA / Social Security / Scheduling Order Related case(s): No (Whitney, Nicholas) Modified text on 12/22/2021 (LDJ). |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) |
| Filing 12 SUMMONS issued as to Nichole Dougherty. (ARJ) |
| Filing 11 PROPOSED summons to be issued by Jeffrey Steel, Shirley Bezerra Steel. (Whitney, Nicholas) |
| Filing 10 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. Related document: #1 Complaint filed by Jeffrey Steel, Shirley Bezerra Steel. (Attachments: #1 Exhibit A, #2 Exhibit B)(Whitney, Nicholas) Modified text on 12/16/2021 (ARJ). |
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Filing 9
ENDORSED ORDER The Order at Doc. No. 7 is vacated. See the Order at Doc. No. 6. Signed by Magistrate Judge Gregory J. Kelly on 12/8/2021. (CRC)
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Filing 8
ORDER Judge Kelly's Standing Order on Discovery. Signed by Magistrate Judge Gregory J. Kelly on 12/8/2021. (CRC)
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Filing 7
***VACATED PER ORDER 9 *** ORDER to strike re: #1 Complaint filed by Jeffrey Steel, Shirley Bezerra Steel. On or before December 21, 2021, Plaintiffs must file an amended complaint that complies with Federal Rule of Civil Procedure 5.2(a). Failure to file the amended complaint may result in the case being dismissed for failure to prosecute. Signed by Magistrate Judge Gregory J. Kelly on 12/7/2021. (CRC) Modified text on 12/9/2021 (ARJ).
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Filing 6
ORDER- Plaintiffs' Complaint (Doc. 1) is STRICKEN. The Clerk is directed to remove the Complaint from the record. On or before December 21, 2021, Plaintiffs may refile the Complaint in compliance with the Federal Rules of Civil Procedure. Failure to do so may result in the dismissal of this case without further notice. Signed by Judge Carlos E. Mendoza on 12/7/2021. (MEH) ctp
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Filing 5
ADA SCHEDULING ORDER- Status Conference set for June 16, 2022 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Signed by Judge Carlos E. Mendoza on 12/7/2021. (MEH) ctp
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Filing 4
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 12/7/2021. (MEH) ctp
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Filing 3
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 12/7/2021. (MEH) ctp
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| Filing 2 NEW CASE ASSIGNED to Judge Carlos E. Mendoza and Magistrate Judge Gregory J. Kelly. New case number: 6:21-cv-2035-CEM-GJK. (SJB) |
| Filing 1 COMPLAINT against All Plaintiffs with Jury Demand (Filing fee $ 402 receipt number BFLMDC-18990094) filed by Jeff Steel, Shirley Bezerra Steel. (Attachments: #1 Complaint, #2 Exhibit Exhibit A, #3 Exhibit Exhibit B)(Whitney, Nicholas) |
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