O'Keefe v. Patterson et al
| John O'Keefe |
| Darrell Patterson, Gregg Melita, Rick Wells and Zachary Bradley |
| Gary Larsen |
| 8:2018cv01957 |
| August 8, 2018 |
| U.S. District Court for the Middle District of Florida |
| Tampa Office |
| Manatee |
| Virginia M Hernandez Covington |
| William F Jung |
| Christopher P Tuite |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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| Filing 26 Case Reassigned to Judge William F. Jung. New case number: 8:18-cv-1957-T-02CPT. Judge Virginia M. Hernandez Covington no longer assigned to the case. (JNB) |
Filing 25
ENDORSED ORDER: On September 4, 2018, Defendants filed a reply to their motion to dismiss without seeking leave of Court. (Doc. #22 ). Soon thereafter, Plaintiff O'Keefe moved to strike the reply. (Doc. #24 ). Local Rule 3.01(c) states: "No party shall file any reply or further memorandum directed to the motion or response allowed in (a) and (b) unless the Court grants leave." Again, Defendants did not seek leave of Court before filing their reply. Accordingly, O'Keefe's motion is granted and Defendants' reply is stricken. However, the Court notes that O'Keefe's motion did not include a Local Rule 3.01(g) certification. Pursuant to Local Rule 3.01(g), the moving party must confer with opposing counsel in a good faith effort to resolve the issues raised by the motion before filing, and must include a certificate in the motion indicating whether opposing counsel objects. The Court reminds O'Keefe that, although he is proceeding pro se, he must comply with Local Rule 3.01(g) and all other rules lawyers are required to follow in the future. Signed by Judge Virginia M. Hernandez Covington on 9/5/2018. (DMD)
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| Filing 24 First MOTION to Strike #22 Memorandum in support by John O'Keefe. (O'Keefe, John) |
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Filing 23
ORDER appointing Gary Larsen, Esq. as mediator in this action. The mediation conference is scheduled for March 1, 2019. The Court directs that all counsel, parties, corporate representatives, and any other required claims professionals shall be present at the mediation conference with full authority to negotiate a settlement. The Court does not allow mediation by telephone or video conference. Personal attendance is required. See Local Rule 9.05(c). Signed by Judge Virginia M. Hernandez Covington on 9/4/2018. (KAK)
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| Filing 22 STRICKEN per 25 order - MEMORANDUM in support re #10 Motion to dismiss filed by Zachary Bradley, Gregg Melita, Darrell Patterson, Rick Wells. (Imparato, Christy) Modified on 9/6/2018 (BES). |
| Filing 21 NOTICE by Zachary Bradley, Gregg Melita, Darrell Patterson, Rick Wells Scheduling Mediation (Imparato, Christy) |
| Filing 20 RESPONSE in Opposition re #10 MOTION to Dismiss Counts I, II, III, IV, V, VI filed by John O'Keefe. (O'Keefe, John) |
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Filing 19
ORDER: Plaintiff shall review and comply with the provisions of this Order, as well as the Federal Rules of Civil Procedure, the Local Rules of the Middle District of Florida, and any applicable statutes and regulations. Signed by Judge Virginia M. Hernandez Covington on 8/28/2018. (TWL)
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Filing 18
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 8/15/2019 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for September 2019 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington., Conduct mediation hearing by 3/15/2019. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 8/27/2018. (TWL)
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Filing 17
ORDER: Plaintiff John O'Keefe's Unopposed Motion for Permission to Use the CM/ECF System (Doc. #16 ) is GRANTED. Plaintiff is directed to register himself for a CM/ECF account (login and password) with the assistance of the Clerk's Office as detailed herein. Signed by Judge Virginia M. Hernandez Covington on 8/24/2018. (KAK)
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| Filing 16 MOTION for permission to use CM/ECF System by John O'Keefe. (BES) |
| Filing 15 CERTIFICATE of interested persons by John O'Keefe. (BES) |
| Filing 14 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by John O'Keefe. Related case(s): no (Attachments: #1 Mailing Envelope)(BES) |
| Filing 13 CASE MANAGEMENT REPORT. (Imparato, Christy) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement re #5 Related case order and track 2 notice by Zachary Bradley, Gregg Melita, Darrell Patterson, Rick Wells. (Imparato, Christy) |
| Filing 11 NOTICE of pendency of related cases per Local Rule 1.04(d) by Zachary Bradley, Gregg Melita, Darrell Patterson, Rick Wells. Related case(s): no (Imparato, Christy) |
| Filing 10 MOTION to Dismiss Counts I, II, III, IV, V, VI by Zachary Bradley, Gregg Melita, Darrell Patterson, Rick Wells. (Imparato, Christy) |
| Filing 9 ANSWER and affirmative defenses with Jury Demand to #3 Amended Complaint by Rick Wells.(Imparato, Christy) |
| Filing 8 ANSWER and affirmative defenses with Jury Demand to #3 Amended Complaint by Darrell Patterson.(Imparato, Christy) |
| Filing 7 ANSWER and affirmative defenses with Jury Demand to #3 Amended Complaint by Gregg Melita.(Imparato, Christy) |
| Filing 6 ANSWER and affirmative defenses with Jury Demand to #3 Amended Complaint by Zachary Bradley.(Imparato, Christy) |
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Filing 5
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 8/13/2018. (TWL)
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Filing 4
ENDORSED ORDER: Pro se Plaintiff O'Keefe and counsel for Defendants are directed to meet and confer, in person or by telephone, and by August 23, 2018, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 8/9/2018. (DMD)
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| Filing 3 AMENDED COMPLAINT against Zachary Bradley, Gregg Melita, Darrell Patterson, Rick Wells with Jury Demand. filed by John O'Keefe. (filed in state court on 07/23/2018)(BES) |
| Filing 2 COMPLAINT against Zachary Bradley, Gregg Melita, Darrell Patterson, Rick Wells with Jury Demand filed by John O'Keefe. (filed in state court 07/10/2018)(BES) |
| Filing 1 NOTICE OF REMOVAL from Circuit Court of the Twelfth Judicial Circuit in and for Manatee County, case number 2018-CA-3297 filed in State Court on 07/10/2018. Filing fee $ 400, receipt number TPA 052329 filed by Zachary Bradley, Gregg Melita, Darrell Patterson, Rick Wells. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1, #3 Exhibit 2)(BES) |
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