Robson 200, LLC v. City of Lakeland et al
| Robson 200, LLC |
| Veronica Rountree, William Wainwright, Angela Kaiser, Bill Wheeler, Jack Strollo, Glea Devrieze, Dana Kelley, Lakeland Code Enforcement Board, Rick Garrity, City of Lakeland, Jim Dehne and Sandy Toledo |
| 8:2020cv00161 |
| January 22, 2020 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Mary S Scriven |
| Julie S Sneed |
| Constitutional - State Statute |
| 28 U.S.C. § 2201 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 24, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 57 NOTICE by Robson 200, LLC re #48 Response in Opposition to Motion (Attachments: #1 Exhibit A)(Holmes, Brandon) Modified on 9/10/2021 to edit text (CRH). |
| Filing 56 NOTICE by Robson 200, LLC re #48 Response in Opposition to Motion (Attachments: #1 Exhibit A)(Holmes, Brandon) Modified on 9/10/2021 to edit text (CRH). |
| Filing 55 NOTICE by Robson 200, LLC re #48 Response in Opposition to Motion, #38 Deposition (Attachments: #1 Exhibit A)(Holmes, Brandon) Modified on 9/10/2021 to edit text (CRH). |
| Filing 54 NOTICE by Robson 200, LLC re #48 Response in Opposition to Motion (Attachments: #1 Exhibit A, #2 Exhibit B)(Holmes, Brandon) Modified on 9/10/2021 to edit text (CRH). |
| Filing 53 STIPULATION of Agreed Facts by Robson 200, LLC. (Holmes, Brandon) |
| Filing 52 ***STRICKEN; DISCOVERY PURSUANT TO RULE 26*** NOTICE by Robson 200, LLC (Attachments: # 1 Exhibit A)(Holmes, Brandon) (CRH). Modified on 9/10/2021 to strike as discovery (CRH). |
| Filing 51 ***STRICKEN; DISCOVERY PURSUANT TO RULE 26*** NOTICE by Robson 200, LLC (Attachments: # 1 Exhibit A)(Holmes, Brandon) (CRH). Modified on 9/10/2021 to strike as discovery (CRH). |
| Filing 50 ***STRICKEN; DISCOVERY PURSUANT TO RULE 26*** NOTICE by Robson 200, LLC (Attachments: # 1 Exhibit A)(Holmes, Brandon) Modified on 9/10/2021 to strike as discovery (CRH). |
| Filing 49 ***STRICKEN; DISCOVERY PURSUANT TO RULE 26*** NOTICE by Robson 200, LLC (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Holmes, Brandon) Modified on 9/10/2021 to strike as discovery (CRH). |
| Filing 48 RESPONSE in Opposition re #32 MOTION for Summary Judgment and Request for Oral Argument filed by Robson 200, LLC. (Holmes, Brandon) |
Filing 47
ENDORSED ORDER granting #46 Motion for Extension of Time to File. Response and stipulation of material facts due September 9, 2021. Reply due September 23, 2021. Signed by Judge Kathryn Kimball Mizelle on 9/3/2021. (NPC)
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| Filing 46 Joint MOTION for Extension of Time to File Stipulation of Agreed Material Facts and Response to Motion for Summary Judgment by All Defendants. (Jones, Matthew) |
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Filing 45
ENDORSED ORDER granting #44 Motion to Extend the Deadline to Respond to Motion for Summary Judgment. Plaintiff's response to the motion for summary judgment due by 9/3/2021. Any replies are due by 9/17/2021. Signed by Judge Kathryn Kimball Mizelle on 8/11/2021. (NPC)
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| Filing 44 Unopposed MOTION for Extension of Time to File Response/Reply as to #32 MOTION for Summary Judgment by Robson 200, LLC. (Holmes, Brandon) |
| Filing 43 DEPOSITION of ANUJ VAISH taken on 04/27/2021 re #32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Attachments: #1 Exhibit)(Hatcher-Bolin, Kristie) Modified on 7/15/2021 to edit text (CRH). |
| Filing 42 DEPOSITION of BRIAN REWIS taken on 04/06/2021 re #32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Hatcher-Bolin, Kristie) Modified on 7/15/2021 to edit text (CRH). |
| Filing 41 DEPOSITION of ANGELA KAISER taken on 03/24/2021 re #32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Attachments: #1 Exhibit)(Hatcher-Bolin, Kristie) Modified on 7/15/2021 to edit text (CRH). |
| Filing 40 DEPOSITION of MICHAEL DEMAR INGRAM taken on 04/23/2021 re #32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Hatcher-Bolin, Kristie) Modified on 7/15/2021 to edit text (CRH). |
| Filing 39 DEPOSITION of JIM DEHNE taken on 03/30/2021 re #32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Hatcher-Bolin, Kristie) Modified on 7/15/2021 to edit text (CRH). |
| Filing 38 DEPOSITION of JONATHAN BURGOS CRUZ taken on 04/22/2021 re #32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Hatcher-Bolin, Kristie) Modified on 7/15/2021 to edit text (CRH). |
| Filing 37 DEPOSITION of DAVID ANDERS taken on 04/19/2021 re #32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Hatcher-Bolin, Kristie) Modified on 7/15/2021 to edit text (CRH). |
| Filing 36 AFFIDAVIT of TAMMY TISON re: #32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Attachments: #1 Exhibit)(Hatcher-Bolin, Kristie) |
| Filing 35 AFFIDAVIT of BRIAN REWIS re: #32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Attachments: #1 Exhibit)(Hatcher-Bolin, Kristie) |
| Filing 34 AFFIDAVIT of ANGELA KAISER re: #32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Attachments: #1 Exhibit EXHIBITS A-R)(Hatcher-Bolin, Kristie) |
| Filing 33 AFFIDAVIT of JIM DEHNE re: #32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Hatcher-Bolin, Kristie) |
| Filing 32 MOTION for Summary Judgment by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Attachments: #1 Exhibit A, #2 Exhibit B)(Hatcher-Bolin, Kristie) |
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Filing 31
ENDORSED ORDER granting #30 unopposed motion for judicial notice. The Court takes judicial notice of the documents described in and attached to the defendants' motion. Signed by Judge Kathryn Kimball Mizelle on 7/14/2021. (DMP)
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| Filing 30 NOTICE to the Courts to take judicial notice regarding state court filings by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Attachments: #1 Exhibit 2017CA-1653, #2 Exhibit 2018CA-5102, #3 Exhibit 2018CA-5114)(Hatcher-Bolin, Kristie) |
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Filing 29
ENDORSED ORDER granting #28 motion for extension of time. The dispositive-motion deadline is now July 14, 2021. All other deadlines remain unaffected. Signed by Judge Kathryn Kimball Mizelle on 6/21/2021. (DMP)
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| Filing 28 Unopposed MOTION for Extension of Time to File Dispositive Motions by All Defendants. (Jones, Matthew) |
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Filing 27
ENDORSED ORDER granting #26 Defendants' Motion for Limited Extension of Discovery Deadline and Time to Conduct Deposition. The discovery deadline is extended to May 19, 2021. Defendants are granted two additional hours to depose Plaintiff's Rule 30(b)(6) representative for the purpose of clarifying and authenticating exhibits to the deposition. This extension shall not constitute a basis to extend the dispositive motion deadline. Signed by Magistrate Judge Julie S. Sneed on May 7, 2021. (BRC)
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| Filing 26 MOTION for Extension of Time to Complete Discovery and time to conduct deposition by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board. (Jones, Matthew) Motions referred to Magistrate Judge Julie S. Sneed. Added MOTION for Miscellaneous Relief, specifically time to conduct deposition on 5/4/2021 (CRH). |
| Set/reset deadlines/hearings: Final Pretrial Conference set for 12/2/2021 at 01:30 PM in Tampa Courtroom 13 B before Judge Kathryn K. Mizelle. (BSN) |
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Filing 25
ORDER setting final Pretrial Conference and pretrial deadlines. Pretrial Conference set for December 2, 2021, at 1:30 p.m. in Tampa Courtroom 13B. Signed by Judge Kathryn Kimball Mizelle on 4/5/2021. (DMP)
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| Filing 24 NOTICE of Appearance by Matthew David Jones on behalf of City of Lakeland, Jim Dehne (an individual ), Angela Kaiser (an individual), Lakeland Code Enforcement Board. (Jones, Matthew) Modified on 3/30/2021 to edit text (CRH). |
| Filing 23 MEDIATION report Hearing held on 2-9-21. Hearing outcome: Impasse. (Barker, Chris) Modified on 2/9/2021 to edit text (CRH). |
| Filing 22 Case Reassigned to Judge Kathryn K. Mizelle. New case number: 8:20-cv-00161-210JSS. Judge Mary S. Scriven no longer assigned to the case. (CRH) |
| Filing 21 NOTICE of mediation conference/hearing to be held on 2/9/2021 9:30 a.m. before Chris A. Barker. (Holmes, Brandon) |
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Filing 20
CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 11/8/2021. Jury Trial set for the January 2022 trial term, which commences on 1/3/2022, with a more precise date to follow. Conduct mediation hearing by 2/16/2021. Lead counsel to coordinate dates. Signed by Judge Mary S. Scriven on 7/16/2020. (KAC)
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| Filing 19 CASE MANAGEMENT REPORT. (Holmes, Brandon) |
| Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re #4 Interested persons order by Robson 200, LLC. (Holmes, Brandon) |
| Filing 17 NOTICE of pendency of related cases re #3 Related case order and track 2 notice per Local Rule 1.04(d) by Robson 200, LLC. Related case(s): yes (Holmes, Brandon) |
| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #13 Order Concerning Civil Cases by City of Lakeland, Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Lakeland Code Enforcement Board. (Hatcher-Bolin, Kristie) |
| Filing 15 Defendants' ANSWER and affirmative defenses to #14 Amended Complaint by City of Lakeland, Jim Dehne(In his capacity as code enforcement supervisor), Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Angela Kaiser(an individual), Lakeland Code Enforcement Board.(Hatcher-Bolin, Kristie) |
| Filing 14 AMENDED COMPLAINT for Damages and Equitable Relief and Demand for Jury Trial against City of Lakeland, Jim Dehne(an individual ), Angela Kaiser(In her capacity as code enforcement officer), Lakeland Code Enforcement Board with Jury Demand. filed by Robson 200, LLC. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6)(Holmes, Brandon) |
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Filing 13
ORDER Concerning Civil Cases: Case Management and Scheduling Orders. Signed by Judge Mary S. Scriven on 5/19/2020. (KE)
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Filing 12
ENDORSED ORDER GRANTING IN PART AND DENYING IN PART #9 MOTION to Dismiss Counts I, II, III, and IV of the Complaint and/or Strike and Request to take Judicial Notice filed by All Defendants. The Court takes judicial notice of the opinion issued in the state court action on appeal of the Code Enforcement Decision and the limited level of review permitted on that appeal. Accordingly, the Court Grants the Motion to Dismiss as to each individual Defendant sued only in their official capacity. Those claims are duplicative of the claims against the City and the Code Enforcement Board. The Court GRANTS the Motion to the extent that any allegations seek redress for a violation of Plaintiff's procedural due process rights, which were fully addressed and finally resolved on the state court appeal. Otherwise the Motion to Dismiss and/or Strike is DENIED. Within twenty-one (21) days of this Order, Plaintiff shall refile the Complaint, removing any reference to individual Defendants other than the City of Lakeland, the Code Enforcement Board and Defendants Kaiser and Dehne. The Defendants will have fourteen (14) days thereafter to file an answer. Signed by Judge Mary S. Scriven on 5/14/2020.(Scriven, Mary)
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| Filing 11 RESPONSE in Opposition re #9 MOTION to Dismiss Counts I, II, III, and IV of the Complaint and/or Strike and Request to take Judicial Notice MOTION to Strike filed by Robson 200, LLC. (Lambert, Jason) |
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Filing 10
ORDER concerning Jury Trials and Other Proceedings in re: Coronavirus Public Emergency. Signed by Judge Mary S. Scriven on 3/19/2020. (SMS)
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| Filing 9 MOTION to Dismiss Counts I, II, III, and IV of the Complaint and/or Strike and Request to take Judicial Notice by All Defendants. (Attachments: #1 Exhibit Appellant's Initial Brief, #2 Exhibit Appellant's Reply Brief, #3 Exhibit Appellant's Appendix, #4 Exhibit Answer Brief of Appellee, #5 Exhibit Opinion of the Court, #6 Exhibit Court docket)(Hatcher-Bolin, Kristie) . Added MOTION to Strike on 3/12/2020 (JNB). |
| Filing 8 SUMMONS issued as to Jim Dehne(an individual ), Angela Kaiser(an individual). (JNB) |
| Filing 7 PROPOSED summons to be issued by Robson 200, LLC. (Lambert, Jason) |
| Filing 6 PROPOSED summons to be issued by Robson 200, LLC. (Lambert, Jason) |
| Filing 5 SUMMONS issued as to All Defendants. (MCB) |
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Filing 4
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 2/7/2020. Signed by Judge Mary S. Scriven on 1/24/2020. (MR)
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Filing 3
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 2/7/2020. Signed by Judge Mary S. Scriven on 1/24/2020. (MR)
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| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-161-T-35JSS. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $ 400 receipt number 113A-16383385) filed by Robson 200, LLC. (Attachments: #1 Exhibit Exhibit 1 to Complaint, #2 Exhibit Exhibit 2 to Complaint, #3 Exhibit Exhibit 3 to Complaint, #4 Exhibit Exhibit 4 to Complaint, #5 Exhibit Exhibit 5 to Complaint, #6 Exhibit Exhibit 6 to Complaint, #7 Civil Cover Sheet Civil Cover Sheet, #8 Proposed Summons Summons - City of Lakeland, #9 Proposed Summons Summons - Lakeland Code Enforcement Board, #10 Proposed Summons Summons - Toldeo, #11 Proposed Summons Summons - Garrity, #12 Proposed Summons Summons - Devrieze, #13 Proposed Summons Summons - Rountree, #14 Proposed Summons Summons - Strollo, #15 Proposed Summons Summons - Wheeler, #16 Proposed Summons Summons - Kelly, #17 Proposed Summons Summons - Wainwright, #18 Proposed Summons Summons - Dehne, #19 Proposed Summons Summons - Kaiser)(Lambert, Jason) |
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