Gardner et al v. Mutz et al
| Randy Whittaker, Wade Steven Gardner, Ken Daniel, Mary Joyce Stevens, Phil Walters and Veterans Monuments of America, Inc. |
| Don Selvage, William Mutz, Andy G. Strickland, Tony Delgado, Justin Troller, Phillip Walker, Antonio Padilla, Kenneth Detzner, Philip L. Walker and Don Selvege |
| 8:2018cv02843 |
| November 19, 2018 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Civil Rights: Other |
| 42 U.S.C. § 1981 |
| None |
Docket Report
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This docket was last retrieved on January 28, 2019. A more recent docket listing may be available from PACER.
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| Filing 27 CERTIFICATE of interested persons and corporate disclosure statement by Ken Daniel, Wade Steven Gardner, Mary Joyce Stevens, Veterans Monuments of America, Inc., Phil Walters, Randy Whittaker(Individually), Randy Whittaker(In Official Capacity at Southern War Cry). (McCallister, David) |
Filing 26
ENDORSED ORDER: On December 21, 2018, the Court directed the parties to confer and file a completed Case Management Report by January 11, 2019. (Doc. # 14). Although that day has passed, no Case Management Report has been filed. Accordingly, the parties are directed to meet and confer, in person or by telephone, and file a completed Case Management Report by January 18, 2019. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Signed by Judge Virginia M. Hernandez Covington on 1/14/2019. (DMD)
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| Filing 25 NOTICE of hearing on #3 Plaintiffs' Motion for Preliminary Injunction. Evidentiary Hearing set for February 5, 2019 at 09:30 AM in Tampa Courtroom 11A before Magistrate Judge Julie S. Sneed. Exhibit lists and witness lists must be filed by February 1, 2019. On the date of the evidentiary hearing, the parties shall provide the Courtroom Deputy with their exhibit lists, exhibits, and witness lists, as well as two courtesy binders containing same. Additionally, on the date of the evidentiary hearing, each party shall provide the Courtroom Deputy with a CD or USB drive containing PDF versions of each exhibit, or e-mail same to Chambers_FLMD_Sneed@flmd.uscourts.gov. The parties shall notify chambers via e-mail (Chambers_FLMD_Sneed@flmd.uscourts.gov) by January 31, 2019, as to whether audio visual equipment, including the courtroom ELMO, will be needed. (BRC) |
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Filing 24
ENDORSED ORDER directing Defendants Delgado, Mutz, Padilla, Selvege, Troller, and Walker to respond to #3 Plaintiffs' Motion for Preliminary Injunction. Defendants' responses due by January 28, 2019. Signed by Magistrate Judge Julie S. Sneed on January 14, 2019. (BRC)
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| Filing 23 RESPONSE TO ORDER TO SHOW CAUSE re 22 Order filed by Kenneth Detzner. (Davis, Ashley) |
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Filing 22
ORDER TO SHOW CAUSE: On January 9, 2019, Bradley R. McVay entered a notice of appearance as the Interim General Counsel for the Secretary of State. However, Mr. McVay is not permitted to practice in the Middle District of Florida. Accordingly, the Court directs counsel to show cause, in writing, by January 24, 2019, why his appearance should not be stricken for failure to comply with Local Rule 2.01(a). The Court notes that Local Rule 2.02(b) permits lawyers employed by the United States to appear without becoming members of the Middle District of Florida Bar, but that does not appear to apply to lawyers employed by the State of Florida. Further, upon review of the file, the Court finds that the named counsel has not registered for CM/ECF access. Accordingly, the Court directs counsel to register for CM/ECF access by January 24, 2019. Signed by Judge Virginia M. Hernandez Covington on 1/10/2019. (TWL)
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| Filing 21 NOTICE of Appearance by Ashley E. Davis on behalf of Kenneth Detzner (Davis, Ashley) Modified text and NEF regenerated on 1/9/2019 (KMM). *** Counsel notified that each attorney appearing in the case needs to file their own notice of attorney appearance in CM/ECF ***, *** Counsel notified that a separate motion to substitute party should be filed *** |
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Filing 20
ENDORSED ORDER granting in part and denying in part Plaintiffs' unopposed motion to set aside and for extension of time to respond to the motions to dismiss. (Doc. #19 ). The Clerk is directed to set aside the order granting the two motions to dismiss as unopposed (Doc. # 17 ) and is directed to reopen the two motions to dismiss (Doc. # #12 , #13 ). Additionally, the Clerk is directed to reinstate Defendants Mutz, Delgado, Troller, Selvege, Walker, and Padilla as parties to this action. Plaintiffs' responses to the motions to dismiss are due January 24, 2019. Signed by Judge Virginia M. Hernandez Covington on 1/8/2019. (DMD)
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| Filing 19 First MOTION to Set Aside Default Order Dismissing Case as to Defendants Mutz, Delgado, Troller, Selvege, Walker, and Padilla by All Plaintiffs. (McCallister, David) |
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Filing 18
ENDORSED ORDER: On January 4, 2019, the presiding District Court Judge granted motions to dismiss filed by Defendants Mutz, Delgado, Troller, Selvege, Walker, and Padilla, and ordered that these Defendants be terminated as parties. (Dkt. 17 .) Thus, Plaintiffs' Motion for Preliminary Injunction (Dkt. #3 ) is not directed to any party to this action. Accordingly, Plaintiffs are directed to show cause within seven (7) days why their Motion for Preliminary Injunction should not be denied. Signed by Magistrate Judge Julie S. Sneed on January 7, 2019. (BRC)
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Filing 17
*** SET ASIDE per DE# 20 ***ENDORSED ORDER: Defendants Mutz, Delgado, Troller, Selvege, and Walker filed their motion to dismiss on December 20, 2018. (Doc. #12 ). On that same day, Defendant Padilla also filed his motion to dismiss. (Doc. #13 ). Therefore, under Local Rule 3.01(b), Plaintiffs' responses to the motions to dismiss were due on January 3, 2019. Yet, Plaintiffs have neither responded, nor moved for an extension of time to respond. Therefore, the Court grants the motions to dismiss as unopposed. The claims against Defendants Mutz, Delgado, Troller, Selvege, Walker, and Padilla are dismissed without prejudice. The Clerk is directed to terminate these Defendants as parties to this action. The case remains pending as to Defendant Detzner, who has yet to appear. Signed by Judge Virginia M. Hernandez Covington on 1/4/2019. (DMD) Modified on 1/9/2019 (KMM).
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| Filing 16 NOTICE of Limited Appearance by Kristie Hatcher-Bolin on behalf of Antonio Padilla(In his Official Capacity as President of Energy Services & Products Corp.), Antonio Padilla(Individually) (Hatcher-Bolin, Kristie) |
| Filing 15 NOTICE of Appearance by Kristie Hatcher-Bolin on behalf of Tony Delgado(Individually), Tony Delgado(In his Official Capacity as Administrator of the City of Lakeland, Florida), William Mutz(In his Official Capacity as Mayor of the City of Lakeland, Florida), William Mutz(Individually), Don Selvege(In his Official Capacity as City of Lakeland, Florida Commissioner ), Don Selvege(Individually), Justin Troller(In his Official Capacity as City of Lakeland, Florida Commissioner), Justin Troller(Individually), Philip L. Walker, Phillip Walker (Hatcher-Bolin, Kristie) |
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Filing 14
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by January 11, 2019, 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 time 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 12/21/2018. (DMD)
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| Filing 13 MOTION to Dismiss Plaintiffs' Complaint andIncorporated Memorandum of Law by Antonio Padilla(In his Official Capacity as President of Energy Services & Products Corp.), Antonio Padilla(Individually). (Miller, Mark) |
| Filing 12 MOTION to Dismiss Plaintiffs' Complaint and Incorporated Memorandum of Law by Tony Delgado(Individually), Tony Delgado(In his Official Capacity as Administrator of the City of Lakeland, Florida), William Mutz(In his Official Capacity as Mayor of the City of Lakeland, Florida), William Mutz(Individually), Don Selvege(In his Official Capacity as City of Lakeland, Florida Commissioner ), Don Selvege(Individually), Justin Troller(In his Official Capacity as City of Lakeland, Florida Commissioner), Justin Troller(Individually), Philip L. Walker, Phillip Walker. (Miller, Mark) |
| Filing 11 NOTICE of Limited Appearance by Mark Nelson Miller on behalf of Antonio Padilla(In his Official Capacity as President of Energy Services & Products Corp.), Antonio Padilla(Individually) (Miller, Mark) *** Counsel notified that each attorney making an appearance must file a separate Notice of Appearance in the case *** Modified text and NEF regenerated on 12/21/2018 (KMM). |
| Filing 10 NOTICE of Appearance by Mark Nelson Miller on behalf of Tony Delgado(Individually), Tony Delgado(In his Official Capacity as Administrator of the City of Lakeland, Florida), William Mutz(In his Official Capacity as Mayor of the City of Lakeland, Florida), William Mutz(Individually), Don Selvege(In his Official Capacity as City of Lakeland, Florida Commissioner ), Don Selvege(Individually), Justin Troller(In his Official Capacity as City of Lakeland, Florida Commissioner), Justin Troller(Individually), Philip L. Walker, Phillip Walker (Miller, Mark) *** Counsel notified that each attorney making an appearance must file a separate Notice of Appearance in the case *** Modified text and NEF regenerated on 12/21/2018 (KMM). |
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Filing 9
ORDER: Plaintiff is directed to effect service of process as required by Rule 4, Fed. R. Civ. P., and file proof thereof with the Court as soon as service has been effected. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/30/2018. (TWL)
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| Filing 8 SUMMONS issued as to Tony Delgado(Individually), Tony Delgado(In his Official Capacity as Administrator of the City of Lakeland, Florida), William Mutz(In his Official Capacity as Mayor of the City of Lakeland, Florida), William Mutz(Individually), Antonio Padilla(In his Official Capacity as President of Energy Services & Products Corp.), Antonio Padilla(Individually). (KMM) |
| Filing 7 SUMMONS issued as to Kenneth Detzner, Don Selvege, Justin Troller, Phillip Walker. (BES) |
| Filing 6 PROPOSED summons to be issued by Ken Daniel, Wade Steven Gardner, Mary Joyce Stevens, Veterans Monuments of America, Inc., Phil Walters, Randy Whittaker. (Attachments: #1 Proposed Summons, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons)(McCallister, David) |
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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 11/21/2018. (TWL)
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Filing 4
ORDER: Plaintiffs Wade Steven Gardner, Mary Joyce Stevens, Randy Whittaker, Phil Walters, Ken Daniel, and Veterans Monuments of America, Inc.'s Motion for Temporary Restraining Order and Preliminary Injunction (Doc. # 3) is DENIED to the extent it seeks a temporary restraining order. To the extent it seeks a preliminary injunction, the Motion is referred to the Honorable Julie S. Sneed, United States Magistrate Judge, pursuant to 28 U.S.C. 636(b)(1)(B), for an evidentiary hearing and the issuance of a Report and Recommendation. Signed by Judge Virginia M. Hernandez Covington on 11/20/2018. (DMD)
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| Filing 3 EMERGENCY MOTION for temporary restraining order and MOTION for preliminary injunction by Ken Daniel, Wade Steven Gardner, Mary Joyce Stevens, Veterans Monuments of America, Inc. , Phil Walters, Randy Whittaker. (Attachments: #1 Text of Proposed Order)(KMM) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:18-cv-2843-T-33JSS. (SJB) |
| Filing 1 COMPLAINT and Application for Injunctive Relief against All Defendants (Filing fee $ 400 receipt number 113A-14841760) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet, #2 Supplement, #3 Text of Proposed Order, #4 Proposed Summons, #5 Proposed Summons, #6 Proposed Summons, #7 Proposed Summons, #8 Proposed Summons, #9 Proposed Summons, #10 Proposed Summons, #11 Proposed Summons, #12 Proposed Summons)(McCallister, David) |
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