EAGER BEAVER PROFESSIONAL TREE CARE LLC v. ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS
| Eager Beaver Professional Tree Care, LLC and EAGER BEAVER PROFESSIONAL TREE CARE LLC |
| Escambia County and ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS |
| 3:2021cv00515 |
| March 25, 2021 |
| US District Court for the Northern District of Florida |
| ELIZABETH M TIMOTHY |
| T KENT WETHERELL |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| None |
Docket Report
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Filing 13
ORDER DISMISSING COUNT III AND REMANDING REMAINING CLAIMS TO STATE COURT. The County's motion to dismiss (Doc. #2 -1, at 40) is GRANTED, and Count III of the amended complaint is DISMISSED with prejudice. The remaining claims in the amended complaint are REMANDED to the Circuit Court for the First Judicial Circuit in and for Escambia County. The County's motion to stay discovery (Doc. #4 ) is DENIED as moot. The Clerk shall close the case file. (Copy of ORDER mailed to State Court). Signed by JUDGE T KENT WETHERELL II on 4/19/2021. (mb)
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| Filing 12 DEFENDANT'S NOTICE Of Supplemental Authority MOTION TO DISMISS COUNT III (DOC. 2-1, EX. A, NO. 13) by ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS. (Attachments: #1 Supplement, #2 Supplement, #3 Supplement, #4 Supplement, #5 Supplement, #6 Supplement) (PEPPLER, CHARLES) |
| Filing 11 PLAINTIFF'S SUPPLEMENTAL MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO DISMISS COUNT III WITH PREJUDICE by EAGER BEAVER PROFESSIONAL TREE CARE LLC re #7 Response/Reply, #9 Order,, Set Deadlines/Hearings, Plaintiff's Supplemental Memorandum Of Law In Opposition To Motion to Dismiss Count 3 With Prejudice. (MEAD, GEORGE) Modified on 4/15/2021 to correct pdf attached to match docket text in ECF (mb). |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #11 PLAINTIFF'S SUPPLEMENTAL MEMORANDUM OF LAW IN OPPOSITION TO MOTION TO DISMISS COUNT III WITH PREJUDICE by EAGER BEAVER PROFESSIONAL TREE CARE LLC re #7 Response/Reply, #9 Order,, Set Deadlines/Hearings, Plaintiff's Supplemental Memorandum Of Law In Opposition To Motion to Dismiss Count 3 With Prejudice, #10 MEMORANDUM in Support MOTION TO DISMISS COUNT III (DOC. 2-1, EX. A, NO. 13) by ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS. (mb) |
| Filing 10 MEMORANDUM in Support MOTION TO DISMISS COUNT III (DOC. 2-1, EX. A, NO. 13) by ESCAMBIA COUNTY BOARD OF COUNTY COMMISSIONERS. (PEPPLER, CHARLES) |
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Filing 9
ORDER REQUIRING ADDITIONAL BRIEFING - That within 7 days from the date of this Order, the parties shall file supplemental briefs addressing whether the 1983 procedural due process claim in Count III is foreclosed by McKinney and its progeny. The briefs shall not exceed 3,200 words. (Supplemental briefs due by 4/15/2021).) Signed by JUDGE T KENT WETHERELL II on 4/8/2021. (mb)
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| Filing 8 PLAINTIFF'S RESPONSE TO DEFENDANT'S #4 MOTION FOR STAY OF DISCOVERY filed by EAGER BEAVER PROFESSIONAL TREE CARE LLC. (MEAD, GEORGE) |
| Filing 7 PLAINTIFF'S RESPONSE TO MOTION TO DISMISS COUNT III WITH PREJUDICE by EAGER BEAVER PROFESSIONAL TREE CARE LLC re #2 Notice of Removal. (MEAD, GEORGE) |
| Filing 6 Corporate Disclosure Statement/Certificate of Interested Persons by EAGER BEAVER PROFESSIONAL TREE CARE LLC. (MEAD, GEORGE) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #7 PLAINTIFF'S RESPONSE TO MOTION TO DISMISS COUNT III WITH PREJUDICE by EAGER BEAVER PROFESSIONAL TREE CARE LLC re #2 Notice of Removal, #8 PLAINTIFF'S RESPONSE TO DEFENDANT'S #4 MOTION FOR STAY OF DISCOVERY filed by EAGER BEAVER PROFESSIONAL TREE CARE LLC. (mb) |
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Filing 5
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 4/9/2021. Rule 26 Meeting Report due by 5/10/2021. Discovery due by 7/23/2021. Signed by JUDGE T KENT WETHERELL II on 3/26/2021. (mb)
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| Set Deadlines re #4 MOTION to Stay Discovery (Internal deadline for referral to judge if response not filed earlier: 4/8/2021). (mb) |
| Filing 4 MOTION to Stay Discovery by Escambia County. (PEPPLER, CHARLES) |
| Filing 3 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) |
| Filing 2 NOTICE OF REMOVAL by Escambia County from First Judicial Circuit, case number 2020 CA 000328. ( Filing fee $ 402 receipt number AFLNDC-6003727.), filed by Escambia County. (Attachments: #1 Exhibit) (PEPPLER, CHARLES) |
| Filing 1 CIVIL COVER SHEET. (PEPPLER, CHARLES) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE T KENT WETHERELL II notified that action is needed Re: #2 Notice of Removal (please see proposed ISO). (mb) |
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