Scott et al v. City of Daytona Beach Florida
| Dennis Scott, Chad Driggers, Douglas Willis and George Rowland |
| City of Daytona Beach Florida |
| United States Department of Justice |
| 6:2022cv02192 |
| November 28, 2022 |
| US District Court for the Middle District of Florida |
| David A Baker |
| Wendy W Berger |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 3, 2023. A more recent docket listing may be available from PACER.
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| Filing 33 RESPONSE re #26 Notice (Other) Statement of Interest of the United States filed by City of Daytona Beach Florida. (Attachments: #1 Exhibit)(Kahn, Michael) |
Filing 32
ENDORSED ORDER granting #30 Defendant's Unopposed Motion to File Response to Government's Statement of Interest. On or before January 23, 2023, Defendant may file a reply not to exceed seven pages inclusive of all parts. Signed by Judge Wendy W. Berger on 1/17/2023. (KSR)
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| Filing 31 CASE MANAGEMENT REPORT. (Dunn, Chelsea) |
| Filing 30 Unopposed MOTION for leave to file response to Government's Statement of Interest by City of Daytona Beach Florida. (Kahn, Michael) Modified on 1/13/2023 to edit docket text (KNC). |
| Filing 29 CERTIFICATE of interested persons and corporate disclosure statement by City of Daytona Beach Florida. (Kahn, Michael) |
| Filing 28 NOTICE of supplemental authority re #19 Response in Opposition to Motion for Preliminary Injunction by City of Daytona Beach Florida. (Kahn, Michael) |
| Filing 27 NOTICE of supplemental authority re #19 Response in Opposition to Motion for Preliminary Injunction by City of Daytona Beach Florida. (Kahn, Michael) |
| Filing 26 NOTICE of Filing Statement of Interest by United States Department of Justice (Van Erem, Haley) Modified on 1/9/2023 to edit docket text (SRD). |
| Filing 25 REPLY to Response to Motion re #8 MOTION for Preliminary Injunction filed by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. (Attachments: #1 Exhibit Driggers Declaration, #2 Exhibit Rowland Declaration, #3 Exhibit Willis Declaration)(Dunn, Chelsea) |
| Filing 24 ANSWER and affirmative defenses to #1 Complaint, by City of Daytona Beach Florida.(Kahn, Michael) |
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Filing 23
ENDORSED ORDER granting #21 Plaintiffs' Unopposed Motion for Leave to Reply to Defendant's Response to Plaintiffs' Motion for Preliminary Injunction. On or before December 27, 2022, Plaintiffs may file a reply, not to exceed seven pages inclusive of all parts. Signed by Judge Wendy W. Berger on 12/20/2022. (KSR)
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| Filing 22 Joint NOTICE on Evidentiary Hearing by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis (Marshall, Daniel) Modified on 12/20/2022 to edit docket text (KNC). |
| Filing 21 Unopposed MOTION for Miscellaneous Relief, specifically Leave to file Reply to ECF 19 by All Plaintiffs. (Siegel, Jodi) |
| Filing 20 NOTICE of Filing by City of Daytona Beach Florida re #19 Response in Opposition to Motion for Preliminary Injunction (Attachments: #1 Affidavit Certification of Documents related to adoption of Ord. 19-27, #2 Official Legislative Record - Section 66-1 (1), #3 Official Legislative Record - Section 66-1 (2), #4 Official Legislative Record - Section 66-1 (3), #5 Official Legislative Record - Section 66-1 (4), #6 Official Legislative Record - Section 66-1 (5), #7 Official Legislative Record - Section 66-1 (6), #8 Official Legislative Record - Section 66-1 (7), #9 Official Legislative Record - Section 66-1 (8), #10 Official Legislative Record - Section 66-1 (9), #11 Official Legislative Record - Section 66-1 (10), #12 Official Legislative Record - Section 66-1 (11))(Kahn, Michael) Modified on 12/20/2022 to edit docket text (KNC). |
| Filing 19 RESPONSE in Opposition re #8 MOTION for Preliminary Injunction filed by City of Daytona Beach Florida. (Attachments: #1 Exhibit Sworn Declaration of Paul Anthony Bellanca, #2 Exhibit Sworn Declaration of John Clary, #3 Exhibit Sworn Declaration of Harry Harwick, #4 Exhibit Sworn Declaration of Tammy Kozinski, #5 Exhibit Sworn Declaration of Steve Miles, MD, #6 Exhibit Sworn Declaration of Christina Pierelli, #7 Exhibit Sworn Declaration of Oliver Ross, #8 Exhibit Sworn Declaration of James Thomas)(Kahn, Michael) |
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Filing 18
ENDORSED ORDER granting in part and denying in part #17 Defendant's Partially Unopposed Time Sensitive Motion for Leave to File Motion in Opposition to Plaintiffs' Motion for Preliminary Injunction in Excess of Twenty Pages. Defendant's request for leave to file a response in excess of twenty pages is denied, but the Court will grant Defendant a brief extension. On or before December 22, 2022, Defendant shall file a response to Plaintiffs' Motion for Preliminary Injunction, not to exceed twenty pages inclusive of all parts. Signed by Judge Wendy W. Berger on 12/15/2022. (KSR)
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| Filing 17 Partially Unopposed Time Sensitive MOTION to File Excess Pages by City of Daytona Beach Florida. (Kahn, Michael) Modified on 12/15/2022 to edit docket text (KNC). |
| Reset deadlines as to #8 MOTION for Preliminary Injunction . Responses due by 12/22/2022 (KNC) |
| Filing 16 RETURN of service executed on 12/06/2022 by Dennis Scott, George Rowland, Douglas Willis, Chad Driggers as to City of Daytona Beach Florida. (Dunn, Chelsea) |
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Filing 15
ENDORSED ORDER granting #14 Unopposed Motion for Extension of Time to File Response to Motion for Preliminary Injunction. Defendant shall file a response to Plaintiffs' Motion for Preliminary Injunction on or before December 19, 2022, and the parties shall file their joint notice on or before December 20, 2022. The Court further notes that the parties' filings fail to comply with this Court's January 13, 2021 Standing Order. The parties are cautioned that future failures to comply with all applicable rules and orders of this Court may result in the striking or denial of filings without notice or leave to refile. Signed by Judge Wendy W. Berger on 12/7/2022. (KSR)
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| Reset deadlines as to #8 MOTION for Preliminary Injunction . Responses due by 12/19/2022 (KNC) |
| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply as to #8 Motion for Preliminary Injunction and Joint Report Addressing Hearing Needs by All Defendants. (Kahn, Michael) Motions referred to Magistrate Judge David A. Baker. Modified on 12/7/2022 to edit docket text (KNC). |
| Set deadlines as to #8 MOTION for Preliminary Injunction . Responses due by 12/9/2022 (KNC) |
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Filing 13
ORDER re #8 Plaintiffs' Motion for Preliminary Injunction: Defendants shall file a consolidated response to the Motion for Preliminary Injunction on or before December 9, 2022. On or before December 9, 2022, the parties shall file a joint notice, not to exceed ten pages, informing this Court if an evidentiary hearing is necessary in this matter. If the Court determines, after review of the parties' submissions and joint notice, that an evidentiary hearing is necessary for the resolution of the Motion, a hearing will be set by the Court. Otherwise, the Court will issue a ruling based on the parties' written submissions. Signed by Judge Wendy W. Berger on 12/2/2022. (RMF)
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| Filing 12 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) |
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Filing 11
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). 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 Wendy W. Berger on 12/2/2022. (RMF)
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| Filing 10 REQUEST for oral argument re #8 MOTION for Preliminary Injunction by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. (Dunn, Chelsea) |
| Filing 9 NOTICE of Filing Proposed Order by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis re #8 MOTION for Preliminary Injunction (Attachments: #1 Text of Proposed Order)(Dunn, Chelsea) Modified on 12/2/2022 to edit docket text (KNC). |
| Filing 8 MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: #1 Exhibit Declaration of Driggers, #2 Exhibit Declaration of Scott, #3 Exhibit Declaration of Willis, #4 Exhibit Declaration of Rowland, #5 Exhibit Summary of Panhandling Arrests)(Dunn, Chelsea) |
| Filing 7 NOTICE of Lead Counsel Designation by Chelsea Dunn on behalf of Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. Lead Counsel: Chelsea Dunn. (Dunn, Chelsea) |
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Filing 6
STANDING ORDER ON DISCOVERY PROCEDURES. Signed by Magistrate Judge David A. Baker on 11/29/2022. (JW)
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| Filing 5 SUMMONS issued as to City of Daytona Beach Florida. (KNC) |
| Filing 4 NOTICE to Plaintiff's Counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (KNC) |
| Filing 3 NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge David A. Baker. New case number: 6:22-cv-2192-WWB-LHP. (SJB) |
| Filing 2 CERTIFICATE of interested persons and corporate disclosure statement by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. (Dunn, Chelsea) |
| Filing 1 COMPLAINT against City of Daytona Beach Florida with Jury Demand (Filing fee $402 receipt number AFLMDC-20241281) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Exhibit Ex. 1 - Certified Copy of Ordinance)(Dunn, Chelsea) |
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