Frishberg v. University of South Florida Board of Trustees et al
| Daniel A. Frishberg |
| University of South Florida Board of Trustees and HRSE-Capstone Tampa, LLC |
| 8:2024cv00022 |
| January 3, 2024 |
| US District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| Thomas P Barber |
| Civil Rights: Americans with Disabilities - Other |
| None |
Docket Report
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This docket was last retrieved on April 30, 2024. A more recent docket listing may be available from PACER.
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| Filing 25 DECLARATION of Daniel Frishberg re #24 Reply to Response to Motion by Daniel A. Frishberg. (AA)(e-portal) |
| Filing 24 REPLY to Response to Motion re #16 MOTION to dismiss filed by Daniel A. Frishberg. (AA) (e-portal) Modified text on 2/14/2024 (AG). |
Filing 23
ENDORSED ORDER: "Plaintiff's Motion to Increase Page Limits for Plaintiff's Response to the Defendants' Memorandum of Law/Motion to Dismiss" (Doc. #22) is granted in part and denied in part. To the extent Plaintiff requests an extension of the 20-page limit for his responsive memorandum, the motion is denied. Plaintiff's response will be limited to "twenty pages inclusive of all parts." See Local Rule 3.01(b). The Court notes, however, that any exhibits attached to the responsive memorandum will not be considered part of the memorandum for purposes of the 20-page limit. Construing Plaintiff's motion to additionally or alternatively seek an extension of time to file his response, the motion is granted. Plaintiff may file his response on or before February 6, 2024. The Court notes that for most types of motions, Local Rule 3.01(g) requires that the moving party confer with the opposing party regarding the relief sought and include in the motion a certificate describing the outcome of the conference. Plaintiff's motion fails to include the required certificate of conference. Although the Court has granted the motion in part, any future motions that require but fail to include a certificate of conference will be denied or stricken. As the Court previously reminded Plaintiff (Doc. #9), pro se litigants are required to comply with the rules of procedure and Local Rules. Signed by Judge Thomas P. Barber on 1/30/2024. (EKB)
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| Filing 22 MOTION to Increase Page Limit for Plaintiff's Response to the Defendant's Memorandum of Law/Motion to Dismiss. by Daniel A. Frishberg. (AA) (e-portal) |
| Filing 21 RETURN of service executed on 1/17/2024 by Daniel A. Frishberg as to University of South Florida Board of Trustees. (LNR) |
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Filing 20
ENDORSED ORDER: For the reasons discussed at the January 16, 2024, hearing in this matter, Defendants' motion to dissolve the temporary restraining order (Doc. #16) is granted. The temporary restraining order (Doc. #9) is hereby dissolved. To the extent "Plaintiff's Emergency Motion for [an] Injunction, or, in the Alternative, a Temporary Injunction/Restraining Order" (Doc. #4) seeks a preliminary injunction, ruling is deferred pending resolution of the Eleventh Amendment sovereign immunity and related issues raised by Defendants in their response to Plaintiff's motion (Doc. #16). The Court will treat Defendants' response as a motion to dismiss based on: (1) Eleventh Amendment sovereign immunity as to the Fair Housing Act and state law claims, and (2) failure to state a claim under the Americans with Disabilities Act. See (Doc. #16 at 14-15 & nn. 11-12; id. at 22 n.13). On or before January 31, 2024, Plaintiff may file a response to Defendants' motion, limited to these issues and complying in all respects with the Local Rules, including Local Rule 3.01(b). Based on the agreement of Defendants' counsel, service of process is deemed to have been made on Defendants as of January 16, 2024. Defendants' time to respond to the complaint is stayed pending resolution of the threshold issues described above. In the event the Court does not dismiss the case on these grounds, the Court will set a deadline for Defendants to respond to the complaint. Defendants may at that point assert by way of answer or motion to dismiss any arguments available to them under Rule 12. Signed by Judge Thomas P. Barber on 1/17/2024. (EKB)
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| Filing 19 NOTICE by HRSE-Capstone Tampa, LLC, University of South Florida Board of Trustees re #1 Complaint of Acceptance of Service of Summons and Plaintiff's Complaint (Dyson, Sacha) |
| Filing 18 Minute Entry. Virtual Proceedings held before Judge Thomas P. Barber: MOTION HEARING held on 1/16/2024 re #4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Daniel A. Frishberg. Court Reporter: Rebekah Lockwood (SRC) |
| Filing 17 DECLARATION of Andrew Johnson re #16 MOTION for Miscellaneous Relief, specifically to Dissolve and Defendants' Response to Plaintiff's Emergency Motion for an Injunction by HRSE-Capstone Tampa, LLC, University of South Florida Board of Trustees. (Attachments: #1 Appendix 1-5, #2 Exhibit 6-10, #3 Exhibit 11-15, #4 Exhibit 16-20, #5 Exhibit 21-27)(Dyson, Sacha) |
| Filing 16 RESPONSE to Plaintiff's Emergency Motion for an Injunction and Defendant's MOTION to Dissolve by HRSE-Capstone Tampa, LLC, University of South Florida Board of Trustees. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Dyson, Sacha) (Modified on 1/16/2024 to edit docket text) (JDR). |
| Filing 14 NOTICE of hearing: Preliminary Injunction Hearing set for JANUARY 16, 2024, at 02:00 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) |
| Filing 15 STATUS report by Daniel A. Frishberg. (Attachments: #1 Exhibit)(AA) (e-portal) |
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Filing 13
ENDORSED ORDER: The second sentence in paragraph 7 on page 7 of the Court's January 9, 2024, "Order Granting in Part and Denying in Part Plaintiff's Motion for Temporary Restraining Order" (Doc. #9) is hereby amended, nunc pro tunc, to read as follows: "Plaintiff is further DIRECTED to file with the Court on or before January 11, 2024, a statement that service on Defendants has been provided as directed." Signed by Judge Thomas P. Barber on 1/10/2024. (EKB)
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| Filing 12 SUMMONS issued as to HRSE-Capstone Tampa, LLC, University of South Florida Board of Trustees. (AG) |
| Filing 11 PROPOSED summons to be issued by Daniel A. Frishberg. (Attachments: #1 Proposed Summons HRSE-Capstone Tampa, LLC, #2 USM - 285) (e-portal)(AG) Modified text on 1/10/2024 (AG). |
| Filing 10 CERTIFICATE of service by Daniel A. Frishberg re #9 Order on Motion for Preliminary Injunction, Order on Motion for Temporary Restraining Order. (e-portal) (AG) Modified text on 1/10/2024 (AG). |
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Filing 9
ORDER. "Plaintiff's Emergency Motion for [an] Injunction, or in the Alternative, a Temporary Injunction/Restraining Order." (Doc. #4) is granted in part and denied in part. This matter will be scheduled for a preliminary injunction hearing by separate notice on Tuesday January 16, 2024, at 2:00 p.m. Plaintiff is directed- before noon on January 10, 2024 - to serve on Defendants through email to their counsel, at the email address listed on counsel's filings in the parallel state court case, the following: 1) a copy of the complaint and its exhibits; (2) a copy of the motion and its exhibits; and (3) a copy of this Order. Plaintiff is further directed to file with the Court on or before January 11, 2020, a statement that service on Defendants has been provided as directed. Defendants are directed to file a response to Plaintiff's motion on or before noon on January 15, 2024. Defendants' response should include any affidavits, declarations, or documentary evidence Defendants wish the Court to consider. See Order for details. Signed by Judge Thomas P. Barber on 1/9/2024. (EKB)
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| 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). (SRC) |
| Filing 7 NOTICE to Counsel of Local Rule 3.02(a)(2), which 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. (Signed by Deputy Clerk). (SRC) |
| Filing 6 PROPOSED summons to be issued as to University of South Florida by Daniel A. Frishberg. (Attachments: #1 USM-285)(AA) (e-portal) Modified on 1/10/2024 - summons not issued as missing information on forms.) (AG) |
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Filing 5
ORDER granting #2 Motion to Proceed In Forma Pauperis, and directing Plaintiff to to complete and return the "Summons in a Civil Action" AO 440 form and the "Process Receipt and Return" USM-285 form to the Clerk. Signed by US Magistrate Judge Natalie Hirt Adams on 1/8/2024. (Adams, Natalie)
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| Filing 4 MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Daniel A. Frishberg. (AA) (e-portal) |
| Filing 3 MOTION to allow Electronic Service and other related relief by Daniel A. Frishberg. (AA) (e-portal) |
| Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Daniel A. Frishberg. (AA) Motions referred to Magistrate Judge Natalie Hirt Adams. (e-portal) (Main Document 2 replaced on 1/10/2024 to flatten pdf image.) (AG) |
| Filing 1 COMPLAINT against HRSE-Capstone Tampa, LLC, University of South Florida Board of Trustees filed by Daniel A. Frishberg.(AA) (e-portal) |
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