Button v. Christopher Gardy Paul et al
Plaintiff: Angel M. Button
Defendant: Polk County Sheriff's Office, Christopher Gardy Paul, Jennifer Davis and Grady Judd
Case Number: 8:2021cv02255
Filed: September 24, 2021
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Kathryn Kimball Mizelle
Referring Judge: Thomas G Wilson
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on August 16, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 19, 2021 Opinion or Order Filing 25 CASE MANAGEMENT AND SCHEDULING ORDER: Mediator selection deadline set for 12/10/2021. Discovery due by 7/1/2022. Mediation deadline set for 7/15/2022. Dispositive motions due by 8/1/2022. Pretrial Conference set for 2/9/2023 at 09:00 AM in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Jury Trial set for March 2023 in Tampa Courtroom 13B before Judge Kathryn Kimball Mizelle. Signed by Judge Kathryn Kimball Mizelle on 11/19/2021. (JMB)
November 18, 2021 Filing 24 CASE MANAGEMENT REPORT. (Trohn, Jonathan)
November 12, 2021 Filing 23 CERTIFICATE of interested persons and corporate disclosure statement by Jennifer Davis(Official Capacity as Sergeant of Polk County Sheriff's Office), Jennifer Davis(Individual Capacity), Grady Judd(Official Capacity as Sheriff of Polk County Sheriff's Office), Grady Judd(Individual Capacity), Christopher Gardy Paul(Official Capacity as Deputy of Polk County Sheriff's Office), Christopher Gardy Paul(Individual Capacity). (Trohn, Jonathan)
November 8, 2021 Filing 22 MOTION to Dismiss Second Amended Complaint by All Defendants. (Attachments: #1 Exhibit A)(Trohn, Jonathan)
October 29, 2021 Opinion or Order Filing 21 ENDORSED ORDER denying as moot #16 Motion to Dismiss Complaint because the then-operative #11 Amended Complaint was stricken as a shotgun pleading. Defendants may choose to refile their motion to dismiss given #19 Plaintiff's Second Amended Complaint. Signed by Judge Kathryn Kimball Mizelle on 10/29/2021. (JMB)
October 25, 2021 Filing 20 RESPONSE in Opposition re #16 MOTION to Dismiss Complaint filed by Angel M. Button. (JLD)
October 25, 2021 Filing 19 SECOND AMENDED COMPLAINT against Jennifer Davis(Official Capacity as Sergeant of Polk County Sheriff's Office), Jennifer Davis(Individual Capacity), Christopher Gardy Paul(Official Capacity as Deputy of Polk County Sheriff's Office), Christopher Gardy Paul(Individual Capacity) with Jury Demand. Terminating Polk County Sheriff's Office, Grady Judd (Official Capacity as Sheriff of Polk County Sheriff's Office) and Grady Judd (Individual Capacity) filed by Angel M. Button. Related document: #11 Amended Complaint filed by Angel M. Button.(JLD) Modified text on 10/27/2021 (AG).
October 21, 2021 Filing 18 NOTICE of Lead Counsel Designation by Jonathan Barnet Trohn on behalf of Jennifer Davis(Official Capacity; Sergeant of Polk County Sheriff's Office), Jennifer Davis(Individual Capacity; Sergeant of Polk County Sheriff's Office), Grady Judd(Official Capacity; Sheriff of Polk County Sheriff's Office), Grady Judd(Individual Capacity; Sheriff of Polk County Sheriff's Office), Christopher Gardy Paul(Official Capacity; Deputy of Polk County Sheriff's Office), Christopher Gardy Paul(Individual Capacity; Deputy of Polk County Sheriff's Office), Polk County Sheriff's Office. Lead Counsel: Jennifer Vasquez. (Trohn, Jonathan)
October 19, 2021 Filing 17 NOTICE to counsel to Counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk) (JLD)
October 18, 2021 Filing 16 MOTION to Dismiss Complaint by All Defendants. (Attachments: #1 Exhibit "A")(Trohn, Jonathan)
October 14, 2021 Opinion or Order Filing 13 ORDER striking #11 Amended Complaint as a shotgun pleading. By October 28, 2021, Plaintiff may file an amended complaint consistent with the directives of this Order and in compliance with Federal Rules of Civil Procedure 8(a)(2) and 10(b). Failure to file an amended complaint by this deadline will result in the dismissal of this action without further notice. Signed by Judge Kathryn Kimball Mizelle on 10/14/2021. (JMB)
October 13, 2021 Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Angel M. Button. Related case(s): Yes (JLD)
October 13, 2021 Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Angel M. Button. (JLD)
October 13, 2021 Filing 12 SUMMONS issued as to Jennifer Davis(Official Capacity; Sergeant of Polk County Sheriff's Office), Grady Judd(Official Capacity; Sheriff of Polk County Sheriff's Office), Christopher Gardy Paul(Official Capacity; Deputy of Polk County Sheriff's Office), Polk County Sheriff's Office. (JLD)
October 13, 2021 Filing 11 ***STRICKEN per #13 Order.*** AMENDED COMPLAINT against Jennifer Davis(Official Capacity; Sergeant of Polk County Sheriff's Office), Jennifer Davis(Individual Capacity; Sergeant of Polk County Sheriff's Office), Grady Judd(Official Capacity; Sheriff of Polk County Sheriff's Office), Grady Judd(Individual Capacity; Sheriff of Polk County Sheriff's Office), Christopher Gardy Paul(Official Capacity; Deputy of Polk County Sheriff's Office), Christopher Gardy Paul(Individual Capacity; Deputy of Polk County Sheriff's Office), Polk County Sheriff's Office with Jury Demand filed by Angel M. Button. Related document: #1 Complaint filed by Angel M. Button.(JLD) Modified text on 10/15/2021 (JLD).
October 1, 2021 Filing 10 RETURN of service executed on September 27, 2021 by Angel M. Button as to Jennifer Davis (Official Capacity; Sergeant of Polk County Sheriff's Office). (CRK)
October 1, 2021 Filing 9 RETURN of service executed on September 27, 2021 by Angel M. Button as to Polk County Sheriff's Office. (CRK)
October 1, 2021 Filing 8 RETURN of service executed on 09/27/2021 by Angel M. Button as to Grady Judd(Official Capacity; Sheriff of Polk County Sheriff's Office). (CRK)
October 1, 2021 Filing 7 RETURN of service executed on 09/27/2021 by Angel M. Button as to Christopher Gardy Paul(Official Capacity; Deputy of Polk County Sheriff's Office). (CRK)
October 1, 2021 Filing 6 CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Angel M. Button. (CRK)
October 1, 2021 Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Angel M. Button. Related case(s): Yes. (CRK)
September 30, 2021 Opinion or Order Filing 4 ORDER striking #1 Complaint as a shotgun pleading. By October 14, 2021, Plaintiff may file an amended complaint consistent with the directives of this Order and in compliance with Federal Rules of Civil Procedure 8(a)(2) and 10(b). Failure to file an amended complaint by this deadline will result in the dismissal of this action without further notice. Signed by Judge Kathryn Kimball Mizelle on 9/30/2021. (JMB)
September 29, 2021 Opinion or Order Filing 3 CIVIL CASE ORDER. Counsel and any unrepresented party shall meet for the purpose of preparing and filing a Case Management Report within forty days after any defendant appears. Signed by Judge Kathryn Kimball Mizelle on 9/29/2021. (JMB)
September 24, 2021 Filing 2 SUMMONS issued as to Jennifer Davis(Official Capacity; Sergeant of Polk County Sheriff's Office), Jennifer Davis(Individual Capacity; Sergeant of Polk County Sheriff's Office), Grady Judd(Official Capacity; Sheriff of Polk County Sheriff's Office), Grady Judd(Individual Capacity; Sheriff of Polk County Sheriff's Office), Christopher Gardy Paul(Official Capacity; Deputy of Polk County Sheriff's Office), Christopher Gardy Paul(Individual Capacity; Deputy of Polk County Sheriff's Office), Polk County Sheriff's Office. (CRK)
September 24, 2021 Filing 1 **STRICKEN DUE TO COURT ORDER AT DOC. 4** COMPLAINT against Jennifer Davis(Official Capacity; Sergeant of Polk County Sheriff's Office), Jennifer Davis(Individual Capacity; Sergeant of Polk County Sheriff's Office), Grady Judd(Official Capacity; Sheriff of Polk County Sheriff's Office), Grady Judd(Individual Capacity; Sheriff of Polk County Sheriff's Office), Christopher Gardy Paul(Official Capacity; Deputy of Polk County Sheriff's Office), Christopher Gardy Paul(Individual Capacity; Deputy of Polk County Sheriff's Office), Polk County Sheriff's Office with Jury Demand Filing fee $402.00, receipt number TPA-64911 filed by Angel M. Button. (Attachments: #1 Civil Cover Sheet)(CRK) Modified on 10/1/2021 to strike (CRK).

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Plaintiff: Angel M. Button
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Defendant: Polk County Sheriff's Office
Represented By: Jennifer Megan Vasquez
Represented By: Jonathan Barnet Trohn
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Defendant: Christopher Gardy Paul
Represented By: Jennifer Megan Vasquez
Represented By: Jonathan Barnet Trohn
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Defendant: Jennifer Davis
Represented By: Jennifer Megan Vasquez
Represented By: Jonathan Barnet Trohn
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Defendant: Grady Judd
Represented By: Jennifer Megan Vasquez
Represented By: Jonathan Barnet Trohn
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