Williams v. Wells et al
| Ricky Williams |
| Rick Wells and John Wren |
| Peter J. Grilli |
| 8:2019cv02522 |
| October 10, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Sean P Flynn |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on November 26, 2019. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 26 ANSWER and affirmative defenses to Complaint with Jury Demand Amended Complaint by John Wren.(Bogan, Bruce) |
| Filing 25 ANSWER and affirmative defenses with Jury Demand to #21 Amended Complaint by John Wren.(Bogan, Bruce) |
| Filing 24 ANSWER and affirmative defenses with Jury Demand to #21 Amended Complaint by Rick Wells.(Barranco, Summer) |
Filing 23
ORDER appointing Peter J. Grilli, Esq. as mediator in this action. The mediation conference is scheduled for May 20, 2020, at 10:00 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 11/13/2019. (MWS)
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| Filing 22 NOTICE of mediation conference/hearing to be held on May 20, 2020 at 10:00 a.m. before Peter J. Grilli. (Price, William) |
| Filing 21 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet)(Price, William) |
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Filing 20
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/5/2019. (TWL)
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| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by Ricky Williams. (Price, William) |
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Filing 18
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #15), 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 11/5/2019. (TWL)
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| Filing 17 CERTIFICATE of interested persons and corporate disclosure statement by John Wren. (Bogan, Bruce) |
| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement by Rick Wells. (Barranco, Summer) |
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Filing 15
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 10/15/2020 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Trial set for November 2020 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Conduct mediation hearing by 6/17/2020. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 11/4/2019. (MWS)
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| Filing 14 CASE MANAGEMENT REPORT. (Price, William) |
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Filing 13
ENDORSED ORDER: On October 14, 2019, Wells filed a Motion for More Definite Statement, arguing that Williams's Complaint is an impermissible shotgun pleading. (Doc. #4). More than 14 days have elapsed, and Williams has not responded to the Motion or notified the Court that he intends to file an Amended Complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Therefore, the Court treats the Motion as unopposed. In the Eleventh Circuit, a complaint that "contains multiple counts where each count adopts the allegations of all preceding counts" is an impermissible shotgun pleading. Weiland v. Palm Beach Cty. Sheriff's Office, 792 F.3d 1313, 1321 (11th Cir. 2015). However, incorporating all background allegations into each count of a complaint is permissible. See Id. at 1324 ("[Plaintiff's] re-alleging of paragraphs 1 through 49 [from the fact section] at the beginning of each count looks, at first glance, like the most common type of shotgun pleading. But it is not."). But a review of the eight-count Complaint in this case reveals that each count adopts the allegations of another. For example, Count One, which is comprised of paragraphs 36-45, adopts paragraphs 1-35 and 46-52. Paragraph 52 adopts paragraphs 61-67, which in turn adopt paragraphs 52-60 and 72-76. In the end, Count One incorporates all of the background allegations as well as allegations from Counts Two, Three, Four, Five, and Six. The remainder of the Complaint is similarly scattershot. Because "it is virtually impossible to know which allegations of fact are intended to support which claim(s) for relief," Anderson v. Dist. Bd. of Trs. of Cent. Fla. Cmty. Coll., 77 F.3d 364, 366 (11th Cir. 1996), Williams's Complaint is an impermissible shotgun pleading. Accordingly, Wells's Motion for More Definite Statement is granted. Williams's Complaint is dismissed without prejudice. Williams may file an Amended Complaint that is not a shotgun pleading by November 13, 2019. Signed by Judge Virginia M. Hernandez Covington on 10/30/2019. (MWS)
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| Filing 12 NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by Rick Wells. Related case(s): yes (Barranco, Summer) |
| Filing 11 NOTICE of pendency of related cases re #9 Related case order and track 2 notice per Local Rule 1.04(d) by John Wren. Related case(s): no (Bogan, Bruce) |
| Filing 10 NOTICE of pendency of related cases /other actions per Local Rule 1.04(d) by Ricky Williams. Related case(s): yes (Price, William) |
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Filing 9
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 10/23/2019. (TWL)
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Filing 8
ENDORSED ORDER: In light of Defendant John Wren's Notice of Intent to Join and Adopt Sheriff Rick Wells's Motion for More Definite Statement (Doc. #5), Plaintiff Ricky Williams's Motion for Default as to Wren (Doc. #6) and Wren's Unopposed Motion for Extension to File Responsive Pleading (Doc. #7) are denied as moot. Signed by Judge Virginia M. Hernandez Covington on 10/15/2019. (MWS)
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| Filing 5 NOTICE of intent to join and adopt by John Wren re #4 MOTION for More Definite Statement. (Bogan, Bruce) Modified text on 10/15/2019 (LNR). |
| Filing 4 MOTION for More Definite Statement by Rick Wells. (Barranco, Summer) |
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Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 31, 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 10/11/2019. (MWS)
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| Filing 7 MOTION for Extension of Time to File Responsive Pleading originally filed in state court by John Wren. (WCD) |
| Filing 6 MOTION for default Failure to Appear, Answer, or Otherwise Plead to the Complaint originally filed in state court by Ricky Williams. (WCD) Motions referred to Magistrate Judge Sean P. Flynn. |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Sean P. Flynn. New case number: 8:19-cv-2522-T-33SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Manatee County Court, case number 2019CA4004 filed in State Court on 09/03/19. Filing fee $ 400, receipt number 113A-16017363 filed by All Defendants. (Attachments: #1 State Court COMPLAINT, # 2 State Court Pending Motions, # 3 State Court Pending Motions, #4 State Court Docket Sheet, #5 State Court Other Documents, #6 Civil Cover Sheet)(Barranco, Summer) |
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