Burck v. Gaspard et al
Plaintiff: Robert Burck doing business as Naked Cowboy
Defendant: Fertz Gaspard, Valerie Pittman, Daytona Beach Police Department, Daytona Chief of Police and The City of Daytona Beach, Florida
Case Number: 6:2022cv00455
Filed: March 3, 2022
Court: US District Court for the Middle District of Florida
Presiding Judge: Gregory A Presnell
Referring Judge: Leslie Hoffman Price
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 April 28, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
April 28, 2022 Filing 34 CASE REFERRED to Mediation. (SPM)
April 28, 2022 Opinion or Order Filing 33 STANDING ORDER on Discovery Motions. Signed by Magistrate Judge Leslie Hoffman Price on 2/7/2022. (MKH)
April 28, 2022 Opinion or Order Filing 32 CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 1/12/2024, Final Pretrial Conference set for 2/8/2024 at 01:00 PM in Orlando Courtroom 5 A before Judge Gregory A. Presnell, Jury Trial set for 3/4/2024 at 09:15 AM in Orlando Courtroom 5 A before Judge Gregory A. Presnell. Conduct mediation hearing by 12/1/2023. Lead counsel to coordinate dates. Signed by Judge Gregory A. Presnell on 4/28/2022. (LAM)
April 27, 2022 Filing 31 CASE MANAGEMENT REPORT. (Glassman, Gary)
April 26, 2022 Filing 30 RESPONSE to Motion re #23 MOTION to Dismiss Complaint filed by Robert Burck. (Phillips, John)
April 26, 2022 Filing 29 RESPONSE to Motion re #22 MOTION to Dismiss Plaintiff's Complaint against Defendant Daytona Beach Police Department, Jakari E. Young in his capacity as chief of police with prejudice MOTION for More Definite Statement and Alternative Motion to Dismiss Complaint for Violation of Rule 8 and Rule 10(b) filed by Robert Burck. (Phillips, John)
April 12, 2022 Filing 28 NOTICE of compliance by Robert Burck (Phillips, John)
April 12, 2022 Filing 27 RETURN of service on 4/8/2022 as to Chief of Police, Daytona Beach Police Department by Robert Burck (Phillips, John) Modified on 4/13/2022 (KNC).
April 12, 2022 Filing 26 RETURN of service on 4/8/2022 as to Daytona Beach Police Department by Robert Burck (Phillips, John) Modified on 4/13/2022 (KNC).
April 8, 2022 Filing 25 NOTICE of a related action per Local Rule 1.07(c) by Daytona Beach Police Department, Daytona Chief of Police, The City of Daytona Beach, Florida. Related case(s): Yes (Kahn, Michael)
April 8, 2022 Filing 24 CERTIFICATE of interested persons and corporate disclosure statement re #21 Interested persons order by Daytona Beach Police Department, Daytona Chief of Police, The City of Daytona Beach, Florida. (Kahn, Michael)
April 6, 2022 Filing 23 MOTION to Dismiss Complaint by Fertz Gaspard, Valerie Pittman. (Glassman, Gary)
April 5, 2022 Filing 22 MOTION to Dismiss Plaintiff's Complaint against Defendant Daytona Beach Police Department, Jakari E. Young in his capacity as chief of police with prejudice , MOTION for More Definite Statement and Alternative Motion to Dismiss Complaint for Violation of Rule 8 and Rule 10(b) by Daytona Beach Police Department, Daytona Chief of Police, The City of Daytona Beach, Florida. (Kahn, Michael)
April 5, 2022 Opinion or Order Filing 21 INTERESTED PERSONS ORDER to DEFENDANTS DAYTONA BEACH POLICE DEPARTMENT, DAYTONA CHIEF OF POLICE and THE CITY OF DAYTONA BEACH, FLORIDA. Certificate of interested persons and corporate disclosure statement due by 4/19/2022. Signed by Judge Gregory A. Presnell on 4/5/2022. (LAM)
April 4, 2022 Filing 20 NOTICE of Appearance by Michael H. Kahn on behalf of Daytona Beach Police Department, Daytona Chief of Police, The City of Daytona Beach, Florida (Kahn, Michael)
April 1, 2022 Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #16 Interested persons order by Fertz Gaspard, Valerie Pittman. (Glassman, Gary)
April 1, 2022 Filing 18 NOTICE of a related action per Local Rule 1.07(c) by Fertz Gaspard, Valerie Pittman. Related case(s): Yes (Glassman, Gary)
March 23, 2022 Filing 17 SUMMONS reissued as to Daytona Beach Police Department, Daytona Chief of Police. (KNC)
March 23, 2022 Opinion or Order Filing 16 INTERESTED PERSONS ORDER to DEFENDANTS FERTZ GASPARD and VALERIE PITTMAN. Certificate of interested persons and corporate disclosure statement due by 4/6/2022. Signed by Judge Gregory A. Presnell on 3/23/2022. (LAM)
March 22, 2022 Filing 15 NOTICE of Appearance by Gary M. Glassman on behalf of Fertz Gaspard, Valerie Pittman (Glassman, Gary)
March 22, 2022 Filing 14 SUMMONS returned unexecuted by Robert Burck as to Daytona Chief of Police. (Phillips, John)
March 22, 2022 Filing 13 SUMMONS returned unexecuted by Robert Burck as to Daytona Beach Police Department. (Phillips, John)
March 17, 2022 Filing 12 RETURN of service executed on 3/16/2022 as to Officer Valerie Pittman c/o Daytona Beach Police Department by Robert Burck (Phillips, John) Modified on 3/18/2022 (KNC).
March 17, 2022 Filing 11 RETURN of service executed on 3/16/2022 as to Officer Fertz Gaspard c/o Daytona Beach Police Department by Robert Burck (Phillips, John) Modified on 3/18/2022 (KNC).
March 17, 2022 Filing 10 RETURN of service executed on 3/15/2022 as to The City of Daytona Beach by Robert Burck (Phillips, John) Modified on 3/18/2022 (KNC).
March 11, 2022 Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Robert Burck. Related case(s): Yes (Phillips, John)
March 11, 2022 Filing 8 CERTIFICATE of interested persons and corporate disclosure statement by Robert Burck. (Phillips, John)
March 11, 2022 Filing 7 PROPOSED summons to be issued by Robert Burck. (Phillips, John)
March 11, 2022 Filing 6 PROPOSED summons to be issued by Robert Burck. (Phillips, John)
March 4, 2022 Opinion or Order Filing 5 INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Gregory A. Presnell on 3/4/2022. (DS)
March 4, 2022 Filing 4 NOTICE of Constitutional Question by Robert Burck (Phillips, John) Modified on 3/7/2022 (KNC).
March 3, 2022 Filing 3 SUMMONS issued as to Daytona Beach Police Department, Daytona Chief of Police, Fertz Gaspard, Valerie Pittman, The City of Daytona Beach, Florida. (BD)
March 3, 2022 Filing 2 NEW CASE ASSIGNED to Judge Gregory A. Presnell and Magistrate Judge Leslie Hoffman Price. New case number: 6:22-cv-0455-GAP-LHP. (SJB)
March 3, 2022 Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-19298403) filed by Robert Burck. (Attachments: #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons)(Phillips, John) (Additional attachment(s) added on 3/3/2022: #7 Civil Cover Sheet) (BD). Modified on 3/3/2022 to correct docket text and attachment (BD).

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Plaintiff: Robert Burck doing business as Naked Cowboy
Represented By: Amy Maletzky Hanna
Represented By: John Michael Phillips
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Defendant: Fertz Gaspard
Represented By: Gary M. Glassman
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Defendant: Valerie Pittman
Represented By: Gary M. Glassman
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Defendant: Daytona Beach Police Department
Represented By: Michael H. Kahn
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Defendant: Daytona Chief of Police
Represented By: Michael H. Kahn
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Defendant: The City of Daytona Beach, Florida
Represented By: Michael H. Kahn
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