Jarvis v. City of Daytona Beach et al
Plaintiff: Kary Jarvis
Defendant: City of Daytona Beach, Marville Tucker and James Mackenzie
Case Number: 6:2023cv00508
Filed: March 20, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Paul G Byron
Referring Judge: Robert M Norway
Nature of Suit: Civil Rights: Other
Cause of Action: 28 U.S.C. § 1441 Notice of Removal- Civil Rights Act
Jury Demanded By: Both
Docket Report

This docket was last retrieved on February 23, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2023 Filing 38 RESPONSE in Opposition re #36 MOTION to Amend Answer & Affirmative Defenses filed by Kary Jarvis. (Huggins, Arthur)
August 2, 2023 Filing 37 OBJECTION re #34 Notice to take judicial notice . (Bogan, Bruce)
July 28, 2023 Filing 36 MOTION to Amend Answer & Affirmative Defenses by James Mackenzie, Marville Tucker. (Attachments: #1 Exhibit Tucker Proposed Amended Answer, #2 Exhibit Mackenzie Proposed Amended Answer)(Bogan, Bruce)
July 24, 2023 Filing 35 OBJECTION re #31 MOTION for Miscellaneous Relief to Request for Notice to Take Judicial Notice . (Bogan, Bruce)
July 19, 2023 Filing 34 SECOND Request for Notice to Take Judicial Notice by Kary Jarvis. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(Huggins, Arthur) (Modified on 7/20/2023, to edit text) (BGR).
July 14, 2023 Opinion or Order Filing 33 ORDER denying as moot #6 Motion to Dismiss; denying as moot #22 Motion to Dismiss. See Order for details. Signed by Judge Paul G. Byron on 7/14/2023. (SJB)
July 11, 2023 Filing 32 NOTICE of Appearance by David B. Russell on behalf of City of Daytona Beach (Russell, David)
July 10, 2023 Filing 31 Motion for Miscellaneous Relief to Request for Notice to Take Judicial Notice by Kary Jarvis. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Huggins, Arthur) Modified on 7/11/2023 as to docket text (ARL).
May 2, 2023 Filing 30 RESPONSE in Opposition re #22 MOTION to Dismiss Complaint filed by Kary Jarvis. (Huggins, Arthur)
April 17, 2023 Filing 29 RESPONSE in Opposition re #6 MOTION to Dismiss Count VII of Complaint filed by Kary Jarvis. (Huggins, Arthur)
April 17, 2023 Filing 28 NOTICE of Filing Exhibit A re #1 Complaint, by Kary Jarvis(Attachments: #1 Exhibit Order)(Huggins, Arthur) Modified on 4/18/2023 to edit docket text (SRD).
April 14, 2023 Filing 27 CASE REFERRED to Mediation. (SRD)
April 14, 2023 Opinion or Order Filing 26 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 6/2/2023 Joinder of Parties due by 6/2/2023 Discovery due by 4/1/2024 Dispositive motions due by 5/1/2024 Pretrial statement due by 8/19/2024 All other motions due by 8/26/2024 Plaintiff disclosure of expert report due by 2/5/2024 Defendant disclosure of expert report due by 3/4/2024 Final Pretrial Conference set for 9/17/2024 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron Jury Trial set for 10/1/2024 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 4/15/2024. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 4/14/2023. (GNB)
April 12, 2023 Filing 25 AMENDED CERTIFICATE of interested persons and corporate disclosure statement . (Bogan, Bruce) Modified on 4/12/2023 to edit docket text (SRD).
April 12, 2023 Opinion or Order Filing 24 ENDORSED ORDER striking #17 Certificate of Interested Persons and Corporate Disclosure Statement filed by James Mackenzie, Marville Tucker. Defendants Mackenzie and Tucker are DIRECTED to refile this document and include the certification as required by Local Rule 3.03(b). Signed by Judge Paul G. Byron on 4/12/2023. (GNB)
April 7, 2023 Filing 23 ANSWER and affirmative defenses to #1 Complaint, with Jury Demand by City of Daytona Beach.(Russell, David)
April 7, 2023 Filing 22 MOTION to Dismiss Complaint by City of Daytona Beach. (Russell, David)
April 6, 2023 Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #12 Order by Kary Jarvis. (Huggins, Arthur)
April 6, 2023 Filing 20 NOTICE of a related action per Local Rule 1.07(c) by Kary Jarvis. Related case(s): Yes (Huggins, Arthur)
April 6, 2023 Filing 19 CASE MANAGEMENT REPORT. (Russell, David)
March 29, 2023 Filing 18 NOTICE of a related action per Local Rule 1.07(c) by James Mackenzie, Marville Tucker. Related case(s): Yes (Bogan, Bruce)
March 29, 2023 Filing 17 *STRICKEN per Order at Doc. 17 CERTIFICATE of interested persons and corporate disclosure statement re #12 Order by James Mackenzie, Marville Tucker. (Bogan, Bruce) Modified on 4/12/2023 (SRD).
March 24, 2023 Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #12 Order by City of Daytona Beach. (Russell, David)
March 24, 2023 Filing 15 NOTICE of a related action per Local Rule 1.07(c) by City of Daytona Beach. Related case(s): Yes (Russell, David)
March 22, 2023 Opinion or Order Filing 14 ENDORSED ORDER granting #9 the Unopposed Motion for Extension of Time to Answer of Defendant City of Daytona Beach. The City shall answer or otherwise respond to the complaint on or before April 7, 2023. Signed by Magistrate Judge Robert M. Norway on 3/22/2023. (Norway, Robert)
March 22, 2023 Filing 13 NOTICE of Lead Counsel Designation by Arthur A. Huggins, Jr on behalf of Kary Jarvis. Lead Counsel: Arthur Huggins Jr. (Huggins, Arthur) Modified on 3/22/2023 to edit docket text (SRD).
March 21, 2023 Opinion or Order Filing 12 INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 3/21/2023. (GNB)
March 21, 2023 Filing 11 NOTICE of Lead Counsel Designation by David Michael Bonner Russell on behalf of City of Daytona Beach. Lead Counsel: David M.B. Russell. (Russell, David)
March 21, 2023 Filing 10 NOTICE TO COUNSEL David M. B. Russell, Arthur A. Huggins Jr. of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (BCB)
March 21, 2023 Filing 9 Unopposed MOTION for Extension of Time to File Answer re #1 Complaint, by City of Daytona Beach. (Russell, David)
March 21, 2023 Filing 8 ANSWER and affirmative defenses to #1 Complaint, with Jury Demand by James Mackenzie.(Bogan, Bruce)
March 20, 2023 Filing 7 ANSWER and affirmative defenses to #1 Complaint, with Jury Demand by Marville Tucker.(Bogan, Bruce)
March 20, 2023 Filing 6 MOTION to Dismiss Count VII of Complaint by James Mackenzie, Marville Tucker. (Bogan, Bruce) Modified on 3/21/2023 to edit docket text (BCB).
March 20, 2023 Filing 5 NOTICE of Lead Counsel Designation by Bruce R. Bogan on behalf of James Mackenzie, Marville Tucker. Lead Counsel: Bruce R. Bogan. (Bogan, Bruce)
March 20, 2023 Filing 4 NOTICE of Appearance by Bruce R. Bogan on behalf of James Mackenzie, Marville Tucker (Bogan, Bruce)
March 20, 2023 Filing 3 NEW CASE ASSIGNED to Judge Paul G. Byron and Magistrate Judge Robert M. Norway. New case number: 6:23-cv-0508-PGB-RMN. (SJB)
March 20, 2023 Filing 2 NOTICE of Appearance by David Michael Bonner Russell on behalf of City of Daytona Beach (Russell, David)
March 20, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Volusia County Circuit Court case number 2023-30194-CICI filed in State Court on 2/15/2023. Filing fee $402 receipt number AFLMDC-20626914 filed by All Defendants. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Russell, David) Modified on 3/21/2023 to edit docket text(BCB).

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Plaintiff: Kary Jarvis
Represented By: Arthur A. Huggins, Jr
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Defendant: City of Daytona Beach
Represented By: David Michael Bonner Russell
Represented By: David B. Russell
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Defendant: Marville Tucker
Represented By: Bruce R. Bogan
Represented By: David Jadon
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Defendant: James Mackenzie
Represented By: Bruce R. Bogan
Represented By: David Jadon
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