BEAR v. ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS et al
| David Bear |
| Commissioner Douglas B Underhill, ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS and DOUGLAS B UNDERHILL |
| 3:2019cv04424 |
| November 6, 2019 |
| US District Court for the Northern District of Florida |
| HOPE T CANNON |
| M CASEY RODGERS |
| ELIZABETH M TIMOTHY |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on January 16, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 28
DOCKET ANNOTATION BY COURT Re #27 Order on Motion to Withdraw as Attorney: Atty Elizabeth Ellis was terminated in error and has now been corrected. Atty Charles Peppler has now been terminated. (mjm)
|
|
Filing 27
ORDER granting #22 Motion to Withdraw and to Allow Substitution Of Counsel (CHARLES V PEPPLER, Esquire). Added attorney CHARLES VINCENT PEPPLER for ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS and DOUGLAS B UNDERHILL. Attorney ELIZABETH DESLOGE ELLIS terminated. Signed by JUDGE M CASEY RODGERS on 12/20/2019. (MB)
|
|
Filing 26
ORDER granting #21 Defendants ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS and DOUGLAS UNDERHILL in his Official Capacity's MOTION To Enlarge Time To Respond To The Amended Complaint (additional 16 days, to January 15, 2020). (Internal deadline for referral to judge if response not filed earlier: 1/15/2020).) Signed by JUDGE M CASEY RODGERS on 12/20/2019. (MB)
|
|
Filing 25
NOTICE of Appearance by ELIZABETH DESLOGE ELLIS on behalf of All Defendants (ELLIS, ELIZABETH)
|
|
Filing 24
NOTICE of Appearance by HEATH R STOKLEY on behalf of All Defendants (STOKLEY, HEATH)
|
|
Filing 23
NOTICE of Appearance by GREGORY THOMAS STEWART on behalf of All Defendants (STEWART, GREGORY)
|
|
Filing 22
MOTION to Withdraw as Attorney by ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS. (PEPPLER, CHARLES)
|
|
Filing 21
MOTION for Extension of Time to File Answer by ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS. (PEPPLER, CHARLES)
|
|
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #21 MOTION for Extension of Time to File Answer , #22 MOTION to Withdraw as Attorney (MB)
|
|
Filing 20
ORDER REASSIGNING CASE. Case reassigned to MAGISTRATE JUDGE HOPE T CANNON for all further proceedings. MAGISTRATE JUDGE ELIZABETH M TIMOTHY no longer assigned to case. Signed by MAGISTRATE JUDGE ELIZABETH M TIMOTHY on 12/18/2019. (alb)
|
|
ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #20 Order Reassigning Case. (alb)
|
|
Filing 19
ORDER Plaintiffs Motion for Leave to Amend Complaint, ECF No. #17 , is GRANTED. Plaintiffs First Amended Complaint, ECF No. #18 , is now the operative complaint. Defendants Motion to Dismiss, ECF No. #6 , is DENIED as MOOT. Responses to Plaintiff' s First Amended Complaint by Defendants Escambia County Board of County Commissioners and Douglas Underhill, in his official capacity, are due within 14 days. Response to Plaintiff's First Amended Complaint by Douglas Underhill, in his individual capacity, is due on or before January 13, 2020. (Internal deadline for response to complaint in his individual capacity: 1/13/2020). Answer due by 12/30/2019 in his official capacity) Signed by JUDGE M CASEY RODGERS on 12/16/2019. (alb)
|
|
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #17 MOTION to Amend/Correct Complaint, #18 Amended Complaint. (alb)
|
|
Filing 18
First AMENDED COMPLAINT against All Defendants All Defendants., filed by DAVID BEAR. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit Exhibit B, #3 Exhibit Exhibit C, #4 Exhibit Exhibit D, #5 Exhibit Exhibit E, #6 Exhibit Exhibit F) (TALBOTT, JEREMIAH)
|
|
Filing 17
MOTION to Amend/Correct Complaint by DAVID BEAR. (TALBOTT, JEREMIAH)
|
|
Filing 16
NOTICE of Compliance by ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS (PEPPLER, CHARLES)
|
|
Filing 15
ORDER granting #9 MOTION to Extend Time to Conduct the Rule 26 Conference. The Motion to Withdraw, see ECF No. 4-14, filed in state court is GRANTED. Attorney Charles V. Peppler, Deputy County Attorney, is directed to promptly deliver a copy of this Order to Defendant Underhill and to promptly file a notice of compliance on this Court's docket. Because counsel's Motion to Withdraw was pending when the Clerk's Default was entered against Defendant Underhill, the Court hereby sua sponte VACATES the Clerk's Default, ECF No. #12 . Discovery is STAYED for a period of thirty (30) days (1/13/2020) to allow Defendant Douglas Underhill time to secure substitute counsel and to file a response to the Complaint in his individual capacity, either by counsel or by himself, pro se. Defendant Douglas Underhill's response to the Complaint in his individual capacity is due on or before 1/13/2020). If nothing is filed on his behalf prior to that date, the Court will re-enter the Clerk's Default. The Rule 26 conference and joint report deadlines are hereby TOLLED for a period of forty-five (45) days from the date of this Orderthe Rule 26 conference must occur on or before 1/27/2020, and the parties' Joint Report is due on or before 2/10/2020. The response date for the pending Motion to Dismiss remains unchanged. Plaintiff's response to ECF No. #6 is due on or before December 13, 2019. Defendant Underhill has filed a Motion to Set Aside the Default, ECF No. #14 . The motion is DENIED as MOOT. Signed by JUDGE M CASEY RODGERS on 12/12/2019. (MB)
|
|
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #14 MOTION to Set Aside Default (MB)
|
|
Set Deadlines re #14 MOTION to Set Aside Default (Internal deadline for referral to judge if response not filed earlier: 12/26/2019). (MB)
|
|
Filing 14
MOTION to Set Aside Default by DOUGLAS B UNDERHILL. (Attachments: #1 Exhibit Exhibit A) (FLEMING, EDWARD)
|
|
Filing 13
NOTICE of Appearance by EDWARD P FLEMING on behalf of DOUGLAS B UNDERHILL (FLEMING, EDWARD)
|
|
Filing 12
VACATED per #15 ORDER. . Clerk's ENTRY OF DEFAULT as to DOUGLAS B UNDERHILL re #10 MOTION for Default Against Douglas Underhill In His Individual Capacity by DAVID BEAR. (MB) Modified on 12/12/2019 to correct event (MB).
|
|
Filing 11
ORDER granting as requested #8 Plaintiff's Unopposed MOTION for Extension of Time (until December 13, 2019, to file response to Defendants' MOTION to Dismiss). (Response to motion due by by 12/13/2019.) Signed by JUDGE M CASEY RODGERS on 12/2/2019. (MB)
|
|
Filing 10
MOTION for Default Against Douglas Underhill In His Individual Capacity by DAVID BEAR. (TALBOTT, JEREMIAH)
|
|
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #9 MOTION to Extend Timeto Conduct the Rule 26 Conference of the Parties (Unopposed), #8 MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss Complaint and Memorandum of Law (Unopposed) (MB)
|
|
Filing 9
MOTION to Extend Timeto Conduct the Rule 26 Conference of the Parties by DAVID BEAR. (LAMPERT, TRAVIS)
|
|
Filing 8
MOTION for Extension of Time to File Response/Reply as to #6 MOTION to Dismiss Complaint and Memorandum of Law by DAVID BEAR. (LAMPERT, TRAVIS)
|
|
Filing 7
NOTICE of Appearance by TRAVIS PHILLIP LAMPERT on behalf of DAVID BEAR (LAMPERT, TRAVIS)
|
|
Filing 6
MOTION to Dismiss Complaint and Memorandum of Law by ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS, DOUGLAS B UNDERHILL. (Internal deadline for referral to judge if response not filed earlier: 12/3/2019). (PEPPLER, CHARLES)
|
|
Filing 5
Defendants Escambia County Board of County Commissioners and Douglas Underhill's (in his official capacity) Answer and Affirmative Defenses ANSWER to Complaint by ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS, DOUGLAS B UNDERHILL. (PEPPLER, CHARLES)
|
|
Filing 4
NOTICE of Filing State Court Papers by ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS, DOUGLAS B UNDERHILL (Attachments: #1 Civil Cover Sheet, #2 Complaint w/out Exhibits, #3 Summons, #4 Summons, #5 Complaint w/Exhibits, #6 Notice of Filing Return of Service, #7 Notice of Filing Return of Service, #8 Motion for Extension of Time in which to File response to Complaint, #9 Notice of Appearance of Counsel and Email Designation, #10 Order Granting Motion for Extension of Time to Respond to Complaint, #11 Plaintiff's First Request for Production to Defendant Douglas Underhill, #12 Plaintiff's First Interrogatories to Defendant Douglass Underhill, #13 Motion for Protective Order and to Stay Discovery, #14 Motion to Withdraw as Attorneys for Douglas Underhill in his Individual Capacity, #15 Notice of Filing Removal) (PEPPLER, CHARLES)
|
|
Filing 3
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 11/21/2019. Rule 26 Meeting Report due by 12/23/2019. Discovery due by 5/7/2020. Signed by JUDGE M CASEY RODGERS on 11/7/2019. (MB)
|
|
Filing 2
DOCKET ANNOTATION BY COURT: The parties in the above-referenced case were added to the docket incorrectly and will be corrected by the clerk. Party names are to be entered in all caps and without punctuation. For future reference: Please review the procedure for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or chapter 10 of the "CM/ECF Attorney User's Guide," available at www.flnd.uscourts.gov. (MB)
|
|
ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #1 Notice of Removal (please see proposed ISO). (MB)
|
|
Filing 1
NOTICE OF REMOVAL by ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS, Douglas B Underhill from First Judicial Circuit, case number 2019 CA 001636. ( Filing fee $ 400 receipt number AFLNDC-4691198.), filed by ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS, Douglas B Underhill. (Attachments: #1 Exhibit Exhibit A, #2 Exhibit B) (PEPPLER, CHARLES)
|
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
