Bouazizi v. Hillsborough County et al
| Jacquelyn Bouazizi |
| Hillsborough County Civil Service Board and Hillsborough County |
| Peter J. Grilli |
| 8:2019cv00657 |
| March 18, 2019 |
| U.S. District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Civil Rights: Other |
| 42 U.S.C. § 2000 e |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 9, 2019. A more recent docket listing may be available from PACER.
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Filing 60
ORDER granting #59 Second Amended Motion to Withdraw as Attorney. Attorney Carl Roland Hayes terminated. Signed by Magistrate Judge Thomas G. Wilson on 7/9/2019. The Clerk is directed to send a copy of this Order and all future filings to the plaintiff at 3619 E. Caracas Street, Tampa, FL 33610. (DMS)
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| Filing 59 MOTION for HAYES to withdraw as attorney by Jacquelyn Bouazizi. (Hayes, Carl) Motions referred to Magistrate Judge Thomas G. Wilson. |
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Filing 58
ENDORSED ORDER: Bouazizi has filed a pro se "amended response to motion to strike" (Doc. #57), in which she requests the Court reconsider its order striking her pro se motion for reconsideration for violating Local Rule 2.03(d). (Doc. # 52). However, Bouazizi is still represented by counsel because her counsel's motions to withdraw (Doc. #53; Doc. #55) have been denied without prejudice for failure to comply with all relevant rules, (Doc. #54; Doc. #56). Thus, Bouazizi's filing of the pro se "amended response to motion to strike" was impermissible under Local Rule 2.03(d). Accordingly, the Clerk is directed to strike the "amended response to motion to strike." (Doc. #57). Any further documents Bouazizi files pro se while she is still represented by counsel will be rejected. Additionally, the Court advises Bouazizi that it is inappropriate for her to email chambers with copies of her court filings or to seek relief from the Court through such emails. Such contact is considered an ex parte communication with the Court, and such ex parte communications are generally impermissible. If Bouazizi's counsel successfully withdraws from this case and Bouazizi then wishes to file any documents pro se, she must mail those documents to the Clerk of the Court. Then, the Clerk will docket such documents in this case. Signed by Judge Virginia M. Hernandez Covington on 7/8/2019. (DMD)
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| Filing 57 STRICKEN per 58 Order - AMENDED RESPONSE to Motion re #40 MOTION to Strike #33 Amended Complaint (Third) filed by Jacquelyn Bouazizi. (BES) Modified on 7/9/2019 (BES). |
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Filing 56
ORDER denying without prejudice #55 Attorney Carl R. Hayes' Amended Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas G. Wilson on 7/3/2019. (DMS)
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| Filing 55 MOTION for hayes to withdraw as attorney by Jacquelyn Bouazizi. (Hayes, Carl) Motions referred to Magistrate Judge Thomas G. Wilson. |
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Filing 54
ORDER denying without prejudice #53 Carl R. Hayes' Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas G. Wilson on 7/1/2019. (DMS)
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| Filing 53 First MOTION for Hayes to withdraw as attorney by Jacquelyn Bouazizi. (Hayes, Carl) Motions referred to Magistrate Judge Thomas G. Wilson. |
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Filing 52
ENDORSED ORDER: The Court dismissed this case on June 24, 2019, because all of Plaintiff Bouazizi's claims were time-barred. (Doc. #50). Now, despite being represented by counsel, Bouazizi has filed a pro se motion for reconsideration. (Doc. #51). This is impermissible. Local Rule 2.03(d) states that "[a]ny party for whom a general appearance of counsel has been made shall not thereafter take any step or be heard in the case in proper person, absent prior leave of Court." This means that, because Bouazizi is represented by counsel who has not withdrawn from the case, Bouazizi herself may not file motions or other documents with this Court. That is the role of her attorney. Accordingly, the Clerk is directed to strike the motion for reconsideration. (Doc. #51). Signed by Judge Virginia M. Hernandez Covington on 6/27/2019. (DMD)
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| Filing 51 STRICKEN per 52 order -- MOTION for Reconsideration the Dismissal with Prejudice by Jacquelyn Bouazizi. (Attachments: #1 Exhibit A, #2 Exhibit A-1, #3 Exhibit B, #4 Exhibit C)(TWL) Modified on 6/28/2019 (BES). |
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Filing 50
ORDER: Defendant Hillsborough County Civil Service Board's Motion to Dismiss Counts III and IV of the Third Amended Complaint (Doc. #41) is GRANTED. Counts III and IV are DISMISSED with prejudice. The Motion to Strike the Third Amended Complaint (Doc. #40) is DENIED as moot. As all claims in this case have now been dismissed, the Clerk is directed to CLOSE the case. Signed by Judge Virginia M. Hernandez Covington on 6/24/2019. (DMD)
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| Filing 49 RESPONSE in Opposition re #41 MOTION to Dismiss Counts III and IV of the Third Amended Complaint filed by Jacquelyn Bouazizi. (Attachments: #1 State Court Other Documents Transcript, #2 Affidavit)(Hayes, Carl) |
| Filing 48 APPENDIX re 45 Order on Motion for Extension of Time to File by Jacquelyn Bouazizi. (Hayes, Carl) |
| Filing 47 RESPONSE in Opposition re #40 MOTION to Strike #33 Amended Complaint (Third) filed by Jacquelyn Bouazizi. (Hayes, Carl) |
| Filing 46 RESPONSE in Opposition re #40 MOTION to Strike #33 Amended Complaint (Third) filed by Jacquelyn Bouazizi. (Hayes, Carl) |
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Filing 45
ENDORSED ORDER: The Court grants Plaintiff's motion for extension of time to respond to the motion to dismiss (Doc. #44) to the limited extent that Plaintiff's response to the Civil Service Board's motion to dismiss (Doc. #41) is now due June 21, 2019. However, Plaintiff's response to the motion to strike (Doc. #40) is still due on June 6, 2019, as Plaintiff has not requested an extension to respond to that motion. Furthermore, the Court declines to schedule oral argument on the motion to dismiss at this juncture. If, after the response to the motion to dismiss is filed, the Court determines that oral argument is necessary to rule on the legal merits of the motion to dismiss, the Court will then schedule oral argument. Signed by Judge Virginia M. Hernandez Covington on 6/4/2019. (DMD)
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| Filing 44 MOTION for Extension of Time to File Response to Motion to Dismiss by Jacquelyn Bouazizi. (Hayes, Carl) |
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Filing 43
ORDER: Defendant Hillsborough County's Motion to Dismiss the Third Amended Complaint (Doc. #36) is GRANTED. Counts I, II, and V are DISMISSED with prejudice. The Clerk is directed to terminate the County as a party to this action. Signed by Judge Virginia M. Hernandez Covington on 5/24/2019. (DMD)
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| Filing 42 NOTICE by Hillsborough County Civil Service Board re #41 MOTION to Dismiss Counts III and IV of the Third Amended Complaint , #33 Amended Complaint (Attachments: #1 Exhibit F: Order Granting Hillsborough County Civil Service Board's Motion to Dismiss the Amended Complaint with Prejudice)(Lehman, Gretchen) |
| Filing 41 MOTION to Dismiss Counts III and IV of the Third Amended Complaint by Hillsborough County Civil Service Board. (Attachments: #1 Exhibit A: The Act, #2 Exhibit B: The Rules, #3 Affidavit Exhibit C: Declaration of Kevin Beckner, #4 Affidavit Exhibit D: Affidavit of Kurt Wilkening, #5 Exhibit E: Plaintiff Bouazizi's Multiple EEOC Charges)(Lehman, Gretchen) |
| Filing 40 MOTION to Strike #33 Amended Complaint (Third) by Hillsborough County Civil Service Board. (Lehman, Gretchen) |
| Filing 39 REPLY to Response to Motion re #36 MOTION to Dismiss Plaintiff's Third Amended Complaint and Incorporated Memorandum of Law filed by Hillsborough County. (Todd, Stephen) |
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Filing 38
ENDORSED ORDER: Hillsborough County is directed to file a reply to Bouazizi's response (Doc. #37) to the County's motion to dismiss by May 31, 2019. Signed by Judge Virginia M. Hernandez Covington on 5/18/2019. (DMD)
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| Filing 37 RESPONSE to Motion re #36 MOTION to Dismiss Plaintiff's Third Amended Complaint and Incorporated Memorandum of Law filed by Jacquelyn Bouazizi. (Hayes, Carl) |
| Filing 36 MOTION to Dismiss Plaintiff's Third Amended Complaint and Incorporated Memorandum of Law by Hillsborough County. (Todd, Stephen) |
| Filing 35 NOTICE of Appearance by Gretchen M. Lehman on behalf of Hillsborough County Civil Service Board (Lehman, Gretchen) |
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Filing 34
ORDER granting #27 Motion to Withdraw as Attorney. Attorney Jillian Margaret Askren terminated. Signed by Magistrate Judge Thomas G. Wilson on 5/13/2019. (DMS)
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| Filing 33 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Jacquelyn Bouazizi.(Hayes, Carl) |
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Filing 32
ENDORSED ORDER: Bouazizi has filed a second motion for reconsideration, asking the Court to reopen the case and permit Bouazizi to file a third amended complaint to assert Section 1983 claims against the County and the Civil Service Board. (Doc. #22). The Court agrees with the County and the Civil Service Board that Bouazizi's vague reference to attorney client privilege in the motion is an insufficient explanation for why counsel failed to timely respond to the motions to dismiss, which this Court granted as unopposed. Nevertheless, in an abundance of fairness, the Court grants the second motion for reconsideration to the extent that the Court will reopen the case and permit Bouazizi to file a third amended complaint solely asserting Section 1983 claims by May 10, 2019. Failure to timely file a third amended complaint will result in dismissal of the case without further notice. Furthermore, the Court warns Bouazizi that she must not file a shotgun complaint, which her second amended complaint was. So, if Bouazizi wishes to bring a Section 1983 claim against each Defendant, she must assert each claim against a different Defendant in a separate count (i.e., Count I against the County and Count II against the Civil Service Board) and must include relevant allegations as to each separate Defendant's conduct. Defendants may then move to dismiss the third amended complaint and the Court will then address Defendants' merits arguments. The Clerk is directed to reopen the case. Signed by Judge Virginia M. Hernandez Covington on 4/30/2019. (DMD)
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| Filing 31 RESPONSE to Motion re #22 MOTION for Reconsideration re 21 Order on Motion for Reconsideration, 19 Order on motion to dismiss and Response to Plaintiff's Motion to Amend Pleadings filed by Hillsborough County. (Todd, Stephen) |
| Filing 30 RESPONSE to Motion re #22 MOTION for Reconsideration re 21 Order on Motion for Reconsideration, 19 Order on motion to dismiss to Plaintiff's Second Motion for Reconsideration filed by Hillsborough County Civil Service Board. (Zinober, Peter) |
| Filing 29 RESPONSE re #28 Memorandum in support to Plaintiff's Motion to Amend Pleadings filed by Hillsborough County Civil Service Board. (Zinober, Peter) |
| Filing 28 MEMORANDUM in support re #26 Response to motion filed by Jacquelyn Bouazizi. (Hayes, Carl) |
| Filing 27 NOTICE/MOTION of Withdrawal as Counsel by Hillsborough County Civil Service Board (Askren, Jillian) Modified on 4/24/2019 (BES). |
| Filing 26 RESPONSE to Motion re #22 MOTION for Reconsideration re 21 Order on Motion for Reconsideration, 19 Order on motion to dismiss Plaintiff's Local Rule 3.01(G) Certification filed by Hillsborough County Civil Service Board. (Zinober, Peter) |
| Filing 25 CERTIFICATE of compliance re #23 Response by Jacquelyn Bouazizi. (Hayes, Carl) |
| Filing 24 NOTICE of change of address by Peter W. Zinober (Zinober, Peter) |
| Filing 23 RESPONSE re #22 MOTION for Reconsideration re 21 Order on Motion for Reconsideration, 19 Order on motion to dismiss by Hillsborough County. (Todd, Stephen) |
| Filing 22 MOTION for Reconsideration re 21 Order on Motion for Reconsideration, 19 Order on motion to dismiss by Jacquelyn Bouazizi. (Hayes, Carl) |
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Filing 21
ENDORSED ORDER denying the motion for reconsideration and motion to reopen case without prejudice for failure to comply with Local Rule 3.01(g). (Doc. #20). Additionally, if Plaintiff chooses to re-file her motion after complying with Local Rule 3.01(g), her renewed motion should explain her failure to respond to the two motions to dismiss that were granted as unopposed back on April 11, 2019 (Doc. # 19), and why it took her 11 days after the case was closed to move to set aside the dismissal order. Finally, if Plaintiff renews her motion, the renewed motion should clarify whether Plaintiff wishes to continue to pursue all her claims against the County and against the Civil Service Board. She should also clarify which claims asserted in the Second Amended Complaint she still wishes to pursue, as the motion makes it seem as though Plaintiff wishes to now pursue only a Section 1983 claim against the County. Signed by Judge Virginia M. Hernandez Covington on 4/22/2019. (DMD)
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| Filing 20 MOTION for Reconsideration re 19 Order on motion to dismiss by Jacquelyn Bouazizi. (Hayes, Carl) |
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Filing 19
ENDORSED ORDER: On March 20, 2019, Hillsborough County filed its motion to dismiss the Second Amended Complaint, which is the operative complaint in this case. (Doc. #4). Therefore, Bouazizi's response to that motion was due on April 3, 2019. See Local Rule 3.01(b). And Hillsborough County Civil Service Board filed its motion to dismiss on March 25, 2019. (Doc. #10). Bouazizi's response to that motion was due on April 8, 2019. Yet, Bouazizi has not responded in opposition to either motion to dismiss. Nor has Bouazizi filed a third amended complaint within the time permitted by Federal Rule of Civil Procedure 15(a)(1). Accordingly, the Court grants the two motions to dismiss as unopposed and dismisses this case. The Clerk is directed to close the case. Signed by Judge Virginia M. Hernandez Covington on 4/11/2019. (DMD)
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| Filing 18 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Jacquelyn Bouazizi. Related case(s): no (Hayes, Carl) |
| Filing 17 NOTICE of pendency of related cases re #5 Related case order and track 2 notice per Local Rule 1.04(d) by Hillsborough County Civil Service Board. Related case(s): no (Askren, Jillian) |
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Filing 16
ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for October 10, 2019, at 9:30 AM. 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 3/28/2019. (DMD)
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| Filing 15 CERTIFICATE of interested persons and corporate disclosure statement by Hillsborough County Civil Service Board. (Askren, Jillian) |
| Filing 14 NOTICE of mediation conference/hearing to be held on October 10, 2019 @ 9:30 a.m. before Peter Grilli. (Hayes, Carl) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement by Jacquelyn Bouazizi. (Hayes, Carl) |
| Filing 12 NOTICE of Appearance by Jillian Margaret Askren on behalf of Hillsborough County Civil Service Board (Askren, Jillian) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #8 Case management and scheduling order by Hillsborough County. (Todd, Stephen) |
| Filing 10 MOTION to Dismiss Second Amended Complaint and Incorporated Memorandum of Law by Hillsborough County Civil Service Board. (Attachments: #1 Exhibit A - Civil Service Board Act, #2 Exhibit B - Civil Service Board Rules, #3 Exhibit C - Order, #4 Exhibit D - Affidavit, #5 Exhibit E - Charges)(Zinober, Peter) |
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Filing 9
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #8), no case management hearing will be held. Additionally, in order to keep cases moving on track, the Court has found it necessary to impose some restrictions on the types and number of extensions to case management deadlines that it grants. Thus, the parties are advised that, while short extensions, especially if unopposed, will be favorably considered, the Court will not substantially move the dispositive motions deadline or the trial date. Signed by Judge Virginia M. Hernandez Covington on 3/22/2019. (TWL)
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Filing 8
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 3/12/2020 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the April 2020 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 10/15/2019. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 3/22/2019. (TWL)
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| Filing 7 CASE MANAGEMENT REPORT. (Zinober, Peter) |
| Filing 6 NOTICE of pendency of related cases per Local Rule 1.04(d) by Hillsborough County. Related case(s): No (Todd, Stephen) |
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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 3/21/2019. (TWL)
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| Filing 4 MOTION to Dismiss Plaintiff's Second Amended Complaint (DOC 1-1) by Hillsborough County. (Todd, Stephen) |
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Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by April 1, 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 3/19/2019. (DMD)
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| Filing 2 NOTICE by Hillsborough County Civil Service Board re #1 Notice of Removal of Consent to Removal (Zinober, Peter) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 13th Judicial Circuit, in and for Hillsborough County, Florida, case number 15-CA-010520 filed in State Court on 11/18/2015. Filing fee $ 400, receipt number TPA055735 filed by Hillsborough County. (Attachments: #1 State Court COMPLAINT, #2 State Court Other Documents, #3 Civil Cover Sheet)(JCG) |
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