Homs v. City of Saint Cloud
| Fernando Homs |
| City of St. Cloud and City of Saint Cloud |
| Larry G. Gendzier |
| 6:2023cv00911 |
| May 16, 2023 |
| US District Court for the Middle District of Florida |
| Carlos E Mendoza |
| Robert M Norway |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal- Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 7, 2023. A more recent docket listing may be available from PACER.
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Filing 27
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 9/6/2023 Joinder of Parties due by 9/6/2023 Discovery due by 11/1/2024 Dispositive motions due by 12/3/2024 Pretrial statement due by 4/7/2025 All other motions due by 4/7/2025 Plaintiff disclosure of expert report due by 9/3/2024 Defendant disclosure of expert report due by 10/3/2024 Trial Status Conference set for 4/17/2025 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Jury Trial set for the May 2025 trial term in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 11/15/2024. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 7/7/2023. (MEH)
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| Filing 26 CASE MANAGEMENT REPORT. (Scott, Dale) |
| Filing 25 NOTICE OF RESCHEDULING HEARING: The Evidentiary Hearing hearing previously scheduled for 07/05/2023 is rescheduled. New scheduling date and time: Evidentiary Hearing set for 7/25/2023 at 1:30 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserved 2-hours for the hearing. (MEH) |
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Filing 24
ENDORSED ORDER granting #21 Motion to Continue. The Evidentiary Hearing set for July 5, 2023, is CONTINUED to July 25, 2023, at 1:30 PM. Signed by Judge Carlos E. Mendoza on 6/20/2023. (KMS)
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| Filing 23 RESPONSE in Opposition re #21 MOTION to Continue hearing scheduled for 7/5/23 filed by Fernando Homs. (McCullough, Earl) Modified on 6/14/2023 (SPM). |
| Filing 22 RESPONSE to Motion re #18 MOTION to Dismiss First Amended Complaint (dk. 1-1) filed by Fernando Homs. (McCullough, Earl) Modified on 6/14/2023 (SPM). |
| Filing 21 MOTION to Continue hearing scheduled for 7/5/23 by City of Saint Cloud. (Scott, Dale) |
| Filing 20 NOTICE of a related action per Local Rule 1.07(c) by City of Saint Cloud. Related case(s): Yes (Scott, Dale) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement re #6 Order by City of Saint Cloud. (Scott, Dale) |
| Filing 18 MOTION to Dismiss First Amended Complaint (dk. 1-1) by City of Saint Cloud. (Attachments: #1 Exhibit Ord. 2022-37, City of St. Cloud, Fla., 7/14/22, #2 Exhibit Div. 19 ("Sign Regulations"), LDC, City of St. Cloud, Fla., #3 Exhibit Homs' Initial Brf., Case No. 2022-AP-000006 (Fla. 9th Cir. Ct., Osceola), filed 2/24/23, #4 Exhibit Docket Sheet, Case No. 2022-AP-000006 (Fla. 9th Cir. Ct., Osceola), as of 6/1/23)(Scott, Dale) |
| Filing 17 NOTICE OF HEARING: re: #16 First Motion for Preliminary Injunction. Evidentiary Hearing set for 7/5/2023 at 1:30 PM in Orlando Courtroom 5B before Judge Carlos E. Mendoza. The Court has reserved 2-hours for the hearing. (MEH) |
| Filing 16 First MOTION for Preliminary Injunction by Fernando Homs. (McCullough, Earl) |
| Filing 15 CORPORATE Disclosure Statement by Fernando Homs. (McCullough, Earl) |
| Filing 14 NOTICE of a related action per Local Rule 1.07(c) by Fernando Homs. Related case(s): Yes (McCullough, Earl) Modified on 5/25/2023 (SPM). |
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Filing 13
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Robert M. Norway on 5/24/2023. (JBS)
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Filing 12
ENDORSED ORDER granting Defendant's #11 Unopposed Motion for Extension of Time. Defendant shall answer or otherwise respond to Plaintiff's First Amended Complaint on or before June 2, 2023. Future extension motions in this case shall be filed more than three business days before the expiring deadline and must demonstrate the movant's diligence in meeting the deadline in addition to good cause. Signed by Magistrate Judge Robert M. Norway on 5/24/2023. (Norway, Robert)
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| Set deadlines: for City of Saint Cloud. Answer due by 6/2/2023. (SPM) |
| Filing 11 Unopposed MOTION for Extension of Time to File response to First Amended Complaint by City of Saint Cloud. (Scott, Dale) Modified on 5/24/2023 (SPM). |
| Filing 10 NOTICE of Lead Counsel Designation by Earl Timothy McCullough on behalf of Fernando Homs. Lead Counsel: E. Timothy Mc. (McCullough, Earl) |
| Filing 9 NOTICE of Lead Counsel Designation by Dale Alan Scott on behalf of City of Saint Cloud. Lead Counsel: Dale A. Scott. (Scott, Dale) |
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Filing 8
NOTICE TO COUNSEL AND PARTIES: The Orlando Division of the Middle District of Florida is currently operating in a Judicial Emergency due to a judicial vacancy and the number of cases in the division. Accordingly, civil cases, and especially newly filed civil cases, will be the Court's lowest priority unless emergency issues are presented. Counsel and the parties are encouraged to consider consenting to the Magistrate Judge for the entire case or disposition of any dispositive motions in order to have their case considered on a more timely basis. Signed by Judge Carlos E. Mendoza on 5/19/2023. (MEH)
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Filing 7
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 5/19/2023. (MEH)
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Filing 6
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 5/19/2023. (MEH)
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| Filing 5 Case Reassigned to Judge Carlos E. Mendoza. New case number: 6:23-cv-911-CEM-RMN. Judge Roy B. Dalton, Jr. no longer assigned to the case. (RPB) |
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Filing 4
ORDER reassigning this case to another District Judge in this division. See In Re: Standing Order Regarding Assignment of Cases, Case No. 6:22-mc-19-RBD, Doc. 3. Signed by Judge Roy B. Dalton, Jr. on 5/18/2023. (ALL)
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| Filing 3 NOTICE TO COUNSEL E. Timothy McCullough, Dale A. Scott, Lindsay A. Moczynski, Daniel F. Mantzaris 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) |
| Filing 2 NEW CASE ASSIGNED to Judge Roy B. Dalton, Jr. and Magistrate Judge Robert M. Norway. New case number: 6:23-cv-911-RBD-RMN. (ARC) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Ninth Judicial Circuit, in and for Osceola County, Florida, case number 2022-CA-002638 filed in State Court on 10/8/22. Filing fee $402, receipt number AFLMDC-20843023 filed by City of St. Cloud. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Scott, Dale) |
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