Allen v. Pacheco et al
| John Allen |
| City of Lakeland, Richard Pacheco and Corey Suttle |
| Peter J. Grilli |
| 8:2020cv01846 |
| August 7, 2020 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Julie S Sneed |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 11, 2020. A more recent docket listing may be available from PACER.
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Filing 28
ORDER regarding motions for summary judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 10/1/2020. (TWL)
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Filing 27
ENDORSED ORDER: In light of the Court's Case Management and Scheduling Order (Doc. #26), 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 10/1/2020. (TWL)
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Filing 26
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 7/15/2021 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Jury Trial set for the August 2021 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 3/8/2021. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 10/1/2020. (TWL)
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| Filing 25 CASE MANAGEMENT REPORT. (Maddux, Michael) |
| Filing 24 CERTIFICATE of interested persons and corporate disclosure statement by City of Lakeland, Richard Pacheco, Corey Suttle. (Trohn, Jonathan) |
| Filing 23 ANSWER and affirmative defenses to #8 Amended Complaint by City of Lakeland, Richard Pacheco, Corey Suttle.(Trohn, Jonathan) |
| Filing 22 MOTION to Dismiss Amended Complaint by Corey Suttle. (Trohn, Jonathan) |
| Filing 21 MOTION to Dismiss Amended Complaint by City of Lakeland. (Trohn, Jonathan) |
| Filing 20 NOTICE of Appearance by Jennifer Megan Vasquez on behalf of City of Lakeland, Richard Pacheco, Corey Suttle. (Vasquez, Jennifer) |
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Filing 19
ENDORSED ORDER granting the unopposed motion for extension of time to respond to the amended complaint. (Doc. #18). Defendants' response is now due October 1, 2020. Signed by Judge Virginia M. Hernandez Covington on 9/25/2020. (DMD)
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| Filing 18 MOTION for Extension of Time to File Answer by City of Lakeland, Richard Pacheco, Corey Suttle. (Trohn, Jonathan) |
| Filing 17 NOTICE of Appearance by Jonathan Barnet Trohn on behalf of City of Lakeland, Richard Pacheco, Corey Suttle. (Trohn, Jonathan) |
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Filing 16
ENDORSED ORDER: Plaintiff has responded to the Court's show cause order, stating that he and Defendants have agreed to extend the time for Defendants to respond to the complaint to October 1, 2020. (Doc. #15). This is improper. Extensions merely agreed upon by the parties have no effect on the Court. Only the Court may grant an extension of a deadline. Thus, the City of Lakeland and Corey Suttle's answers to the complaint are still late and Local Rule 1.07(b) requires Plaintiff to promptly apply to the Clerk for entry of default. Signed by Judge Virginia M. Hernandez Covington on 9/24/2020. (DMD)
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| Filing 15 RESPONSE TO ORDER TO SHOW CAUSE filed by John Allen. (Maddux, Michael) |
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Filing 14
ENDORSED ORDER: Plaintiff Allen served the City of Lakeland and Corey Suttle on August 14 and 24, 2020, respectively. (Doc. # #11, #12). Thus, over 21 days have passed since these Defendants were served. Yet, neither Defendant has filed an answer or moved for an extension of time to respond to the amended complaint. And Plaintiff has not promptly applied to the Clerk for entry of default pursuant to Local Rule 1.07(b). Accordingly, Plaintiff is directed to show cause by September 30, 2020, why this action should not be dismissed for failure to prosecute pursuant to Local Rule 3.10(a). Signed by Judge Virginia M. Hernandez Covington on 9/23/2020. (DMD)
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Filing 13
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by October 2, 2020, 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 9/14/2020. (DMD)
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| Filing 12 RETURN of service executed on 08/24/2020 by John Allen as to Corey Suttle. (Maddux, Michael) |
| Filing 11 RETURN of service executed on 08/14/2020 by John Allen as to City of Lakeland. (Maddux, Michael) |
| Filing 10 STATUS report by John Allen. (Maddux, Michael) |
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Filing 9
ENDORSED ORDER: Plaintiff is directed to file a status report on his efforts to perfect service of process on Defendants by September 15, 2020. Signed by Judge Virginia M. Hernandez Covington on 9/8/2020. (DMD)
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| Filing 8 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by John Allen.(Maddux, Michael) |
| Filing 7 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by John Allen. Related case(s): yes (Maddux, Michael) |
| Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #4 Related case order and track 2 notice by John Allen. (Maddux, Michael) |
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Filing 5
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 8/11/2020. (TWL)
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 8/11/2020. (TWL)
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| Filing 3 SUMMONS issued as to City of Lakeland, Richard Pacheco, Corey Suttle. (CRH) |
| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Julie S. Sneed. New case number: 8:20-cv-1846-T-33JSS. (SJB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing Fee $400 receipt number 113A-17156174) filed by John Allen. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons for City of Lakeland, #3 Proposed Summons for Suttle, #4 Proposed Summons for Pacheco)(Maddux, Michael) Modified on 8/10/2020 (CRH). |
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