Anderson v. Huffman et al
Plaintiff: Erica Anderson
Defendant: Anne Huffman and City of Haines City, Florida
Not Classified By Court: Edward J. Page
Case Number: 8:2023cv02782
Filed: December 6, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: William F Jung
Referring Judge: Amanda Arnold Sansone
Nature of Suit: Labor: Family and Medical Leave Act
Cause of Action: 29 U.S.C. ยง 2601 Family Medical Leave Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on February 13, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 29, 2024 Opinion or Order Filing 24 NOTICE of Additional Appearance by Derek M. Dzwonkowski on behalf of City of Haines City, Florida, Anne Huffman (Dzwonkowski, Derek)
January 25, 2024 Opinion or Order Filing 23 RESPONSE to Motion re #20 MOTION for Judgment on the Pleadings as to Counts Seven and Eight of Second Amended Complaint filed by Erica Anderson. (Chanfrau, Kelly)
January 18, 2024 Opinion or Order Filing 22 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery is due by 12/20/2024. Dispositive motions are due by 12/30/2024 Pretrial statement is due by 4/3/2025. Final Pretrial Conference is set for 4/10/2025 at 09:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Jury Trial is set for the May 2025 Trial Term commencing 5/5/2025 at 09:00 AM in Tampa Courtroom 15 B before Judge William F. Jung. Signed by Judge William F. Jung on 1/18/2024. (JCG) Modified on 1/18/2024 as to date of pretrial statement (ARL).
January 16, 2024 Opinion or Order Filing 21 CASE MANAGEMENT REPORT. (Edwards, Linda)
January 4, 2024 Opinion or Order Filing 20 MOTION for Judgment on the Pleadings as to Counts Seven and Eight of Second Amended Complaint by Anne Huffman. (Edwards, Linda) Modified text on 1/5/2024 (JK).
December 20, 2023 Opinion or Order Filing 19 Amended ANSWER and affirmative defenses to Complaint by City of Haines City, Florida, Anne Huffman.(Edwards, Linda)
December 18, 2023 Opinion or Order Filing 18 ENDORSED ORDER denying as moot #17 Motion to Dismiss. The Motion was filed after #16 Defendant's Answer. See Fed. R. Civ. P. 12(b) ("A motion asserting any of these defenses must be made before pleading."); see also, e.g., Smith v. Bank of Am., N.A., No. 2:11-cv-676, 2014 WL 897032, at *9 (M.D. Fla. Mar. 6, 2014) (Steele, J.) (quotation omitted) ("An Answer filed contemporaneously with the filing of a Motion to Dismiss renders the motion moot and makes it 'procedurally impossible for the Court to rule on the motion to dismiss.'"); Brisk v. City of Miami Beach, 709 F. Supp. 1146, 1147 (S.D. Fla. 1989) (Nesbitt, J.) ("Under the unambiguous, mandatory language of Rule 12(b), a motion to dismiss must be made before an answer is filed."). Signed by Judge William F. Jung on 12/18/2023. (NME)
December 13, 2023 Opinion or Order Filing 17 MOTION to Dismiss Counts Seven and Eight of Plaintiff's Second Amended Complaint by Anne Huffman. (Edwards, Linda)
December 13, 2023 Opinion or Order Filing 16 ANSWER and affirmative defenses to Second Amended Complaint by City of Haines City, Florida, Anne Huffman.(Edwards, Linda) Modified text on 12/14/2023 (JK).
December 12, 2023 Opinion or Order Filing 15 PROPOSED CONSENT to trial by U.S. Magistrate Judge by Erica Anderson. (Chanfrau, Kelly)
December 12, 2023 Opinion or Order Filing 14 CERTIFICATE of interested persons and corporate disclosure statement by Erica Anderson. (Chanfrau, Kelly)
December 12, 2023 Opinion or Order Filing 13 NOTICE of a related action per Local Rule 1.07(c) by Erica Anderson. Related case(s): Yes (Chanfrau, Kelly)
December 12, 2023 Opinion or Order Filing 12 NOTICE of Lead Counsel Designation by Kelly Hagan Chanfrau on behalf of Erica Anderson. Lead Counsel: Kelly H. Chanfrau. (Chanfrau, Kelly)
December 8, 2023 Opinion or Order Filing 11 ORDER appointing Edward J. Page as mediator in this action. Signed by Judge William F. Jung on 12/8/2023. (CCB)
December 7, 2023 Opinion or Order Filing 10 RETURN of service executed on 11/20/2023 by Erica Anderson as to Anne Huffman. (Chanfrau, Kelly)
December 7, 2023 Opinion or Order Filing 9 PROOF of service by Erica Anderson, RETURN of service executed on 11/20/2023 by Erica Anderson as to Erica Anderson. (Chanfrau, Kelly)
December 7, 2023 Opinion or Order Filing 8 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (JCG)
December 7, 2023 Opinion or Order Filing 7 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to promptly file a Notice of a Related Action that identifies and describes any related action pending in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (JCG)
December 7, 2023 Opinion or Order Filing 6 CERTIFICATE of interested persons and corporate disclosure statement by City of Haines City, Florida, Anne Huffman. (Edwards, Linda)
December 7, 2023 Opinion or Order Filing 5 NOTICE of a related action per Local Rule 1.07(c) by City of Haines City, Florida, Anne Huffman. Related case(s): No (Edwards, Linda)
December 7, 2023 Opinion or Order Filing 4 NOTICE of Lead Counsel Designation by Linda Bond Edwards on behalf of City of Haines City, Florida, Anne Huffman. Lead Counsel: Linda Bond Edwards. (Edwards, Linda)
December 6, 2023 Opinion or Order Filing 3 NOTICE TO COUNSEL Taylor Grace Carley of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. (Signed by Deputy Clerk). (RLK)
December 6, 2023 Opinion or Order Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-2782--WFJ-AAS. (RLK)
December 6, 2023 Opinion or Order Filing 1 COMPLAINT and NOTICE OF REMOVAL from the 10th Judicial Circuit In and For Polk County, FL, case number 23-4137-CA filed in State Court on 3-31-23. Filing fee $405, receipt number AFLMDC-21535142 filed by All Defendants. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Edwards, Linda) Modified text on 12/7/2023 (KME).

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Plaintiff: Erica Anderson
Represented By: Kelly Hagan Chanfrau
Represented By: Taylor Grace Carley
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Defendant: Anne Huffman
Represented By: Linda Bond Edwards
Represented By: Derek M. Dzwonkowski
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Defendant: City of Haines City, Florida
Represented By: Linda Bond Edwards
Represented By: Derek M. Dzwonkowski
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Not classified by court: Edward J. Page
Represented By: Edward J. Page
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