HARBARGER et al v. CITY OF DESTIN et al
| Ronald Ellison, Carissa Harbarger, William Ellison and RAINBOW FROST ICE CREAM INC |
| The City of Destin, Sue Shumaker, GULFSTREAM ICE CREAM, THOMAS ISLAND ICE CREAM LLC, TROTTER'S GENERAL CONTRACTORS INC, SAMUEL THOMAS, DAVID THOMAS, ISRAEL THOMAS, OHANA GELATOS LLC and SAMPSON THOMAS |
| 3:2025cv00550 |
| April 28, 2025 |
| U.S. District Court for the Northern District of Florida |
| ZACHARY C BOLITHO |
| M CASEY RODGERS |
| Other Statutory Actions |
| Civil Miscellaneous Case |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 20, 2025. A more recent docket listing may be available from PACER.
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| Filing 42 SUMMONS Returned Executed by WILLIAM ELLISON, RAINBOW FROST ICE CREAM INC, CARISSA HARBARGER, RONALD ELLISON. ISRAEL THOMAS served on 10/16/2025, answer due 11/6/2025. (BETZ, MEGHAN) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #39 Second MOTION to Amend, #40 Response in Opposition to Motion, #41 Response in Opposition to Motion (jcw) |
| Filing 41 RESPONSE in Opposition re #39 Second MOTION to Amend/Correct #20 Amended Complaint,, with Proposed Second Amended Complaint filed by THOMAS ISLAND ICE CREAM LLC, SAMPSON THOMAS. (CARBONE, MATTHEW) |
| Filing 40 RESPONSE in Opposition re #39 Second MOTION to Amend/Correct #20 Amended Complaint,, with Proposed Second Amended Complaint filed by THE CITY OF DESTIN. (WARNER, WILLIAM) |
| Set Deadlines as to #39 MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT AND ADD PARTY. (Internal deadline for referral to judge if response not filed earlier: 9/29/2025). (jcw) |
| Filing 39 MOTION FOR LEAVE TO FILE AN AMENDED COMPLAINT AND ADD PARTY re #20 Amended Complaint by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER. (BETZ, MEGHAN) Modified on 9/16/2025 to edit title of document (jcw). |
Filing 38
FINAL SCHEDULING ORDER AND MEDIATION REFERRAL re #36 Report of Rule 26(f) Planning Meeting: (Discovery due by 12/15/2025., Dispositive/Daubert Motions to be filed by 1/5/2026., Mediation Report due by 1/28/2026.), Case referred to mediation. Signed by JUDGE M CASEY RODGERS on 8/19/2025. (jcw)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #37 Response in Opposition to Motion, #35 MOTION TO DISMISS. (jcw) |
| Filing 37 RESPONSE in Opposition re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER. (BETZ, MEGHAN) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #36 Report of Rule 26(f) Planning Meeting (jcw) |
| Filing 36 REPORT of Rule 26(f) Planning Meeting. (WARNER, WILLIAM) |
| Set/Reset Deadlines as to #35 MOTION TO DISMISS. (Internal deadline for referral to judge if response not filed earlier: 7/31/2025). (jcw) |
| Filing 35 MOTION TO DISMISS COUNTS IV AND IX OF PLAINTIFFS' VERIFIED FIRST AMENDED COMPLAINT AND MEMORANDUM OF LAW IN SUPPORT by THOMAS ISLAND ICE CREAM LLC, SAMPSON THOMAS. (CARBONE, MATTHEW) Modified on 7/18/2025 to edit title of document (jcw). |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #34 Response in Opposition to Motion, #29 MOTION to Dismiss First Amended Complaint and Motion to Sever (jcw) |
| Filing 34 RESPONSE in Opposition re #29 MOTION to Dismiss First Amended Complaint and Motion to Sever filed by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER. (BETZ, MEGHAN) |
| Filing 33 NOTICE of Appearance by DAVID ALLEN ROBERTS on behalf of THOMAS ISLAND ICE CREAM LLC, SAMPSON THOMAS (ROBERTS, DAVID) |
| Filing 32 SUMMONS Returned Executed by WILLIAM ELLISON, RAINBOW FROST ICE CREAM INC, CARISSA HARBARGER, RONALD ELLISON. DAVID THOMAS served on 6/26/2025, answer due 7/17/2025. (BETZ, MEGHAN) |
| Filing 31 SUMMONS Returned Executed by WILLIAM ELLISON, RAINBOW FROST ICE CREAM INC, CARISSA HARBARGER, RONALD ELLISON. SAMPSON THOMAS served on 6/26/2025, answer due 7/17/2025. (BETZ, MEGHAN) |
| Filing 30 SUMMONS Returned Executed by WILLIAM ELLISON, RAINBOW FROST ICE CREAM INC, CARISSA HARBARGER, RONALD ELLISON. THOMAS ISLAND ICE CREAM LLC served on 6/26/2025, answer due 7/17/2025. (BETZ, MEGHAN) |
| Filing 29 MOTION to Dismiss First Amended Complaint and Motion to Sever by THE CITY OF DESTIN. (Internal deadline for referral to judge if response not filed earlier: 7/14/2025). (WARNER, WILLIAM) |
| Filing 28 SUMMONS Returned Executed by WILLIAM ELLISON, RAINBOW FROST ICE CREAM INC, CARISSA HARBARGER, RONALD ELLISON. OHANA GELATOS LLC served on 6/26/2025, answer due 7/17/2025. (BETZ, MEGHAN) |
| Filing 27 Summons Issued as to OHANA GELATOS LLC, DAVID THOMAS, ISRAEL THOMAS, SAMPSON THOMAS. (jcw) |
| Filing 26 NOTICE of Summons to be issued (Sampson Thomas) by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER re #20 Amended Complaint,, (BETZ, MEGHAN) |
| Filing 25 NOTICE of Summons to be issued (Ohana Gelatos LLC) by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER re #20 Amended Complaint,, (BETZ, MEGHAN) |
| Filing 24 NOTICE of Summons to be issued (Israel Thomas) by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER re #20 Amended Complaint,, (BETZ, MEGHAN) |
| Filing 23 NOTICE of Summons to be issued (David Thomas) by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER re #20 Amended Complaint,, (BETZ, MEGHAN) |
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Filing 22
INITIAL SCHEDULING ORDER: Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 7/1/2025. Rule 26 Meeting Report due by 7/31/2025. Discovery due by 12/19/2025. Signed by JUDGE M CASEY RODGERS on 6/17/2025. (jcw)
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Filing 21
REFERRAL AND ORDER denying as moot #19 Motion to Dismiss. Defendant must respond to Plaintiff's Amended Complaint (ECF No. #20 ) within fourteen (14) days of the date of this Order. (Answer due by 7/1/2025.) Signed by JUDGE M CASEY RODGERS on 6/17/2025. (jcw)
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #19 MOTION to Dismiss (jcw) |
| Filing 20 FIRST AMENDED COMPLAINT against GULFSTREAM ICE CREAM, SUE SHUMAKER, THE CITY OF DESTIN, THOMAS ISLAND ICE CREAM LLC, TROTTER'S GENERAL CONTRACTORS INC, SAMUEL THOMAS, DAVID THOMAS, ISRAEL THOMAS, OHANA GELATOS LLC, SAMPSON THOMAS, filed by WILLIAM ELLISON, RAINBOW FROST ICE CREAM INC, CARISSA HARBARGER, RONALD ELLISON. (Attachments: #1 Exhibit Exhibit 1, #2 Exhibit Exhibit 2, #3 Exhibit Exhibit 3, #4 Exhibit Exhibit 4, #5 Exhibit Exhibit 5, #6 Exhibit Exhibit 6, #7 Exhibit Exhibit 7, #8 Exhibit Exhibit 8, #9 Exhibit Exhibit 9, #10 Exhibit Exhibit 10, #11 Exhibit Exhibit 11, #12 Exhibit Exhibit 12) (BETZ, MEGHAN) |
| Filing 19 MOTION to Dismiss by THE CITY OF DESTIN, CITY OF DESTIN CODE COMPLIANCE, SUE SHUMAKER. (Internal deadline for referral to judge if response not filed earlier: 6/16/2025). (WARNER, WILLIAM) |
| Filing 18 NOTICE of Appearance by WILLIAM G WARNER on behalf of THE CITY OF DESTIN, CITY OF DESTIN CODE COMPLIANCE, SUE SHUMAKER (WARNER, WILLIAM) |
| Filing 17 Corporate Disclosure Statement/Certificate of Interested Persons by RAINBOW FROST ICE CREAM INC. (BETZ, MEGHAN) |
| Filing 16 SUMMONS Returned Executed by WILLIAM ELLISON, RAINBOW FROST ICE CREAM INC, CARISSA HARBARGER, RONALD ELLISON. TROTTER'S GENERAL CONTRACTORS INC served on 5/15/2025, answer due 6/5/2025. (BETZ, MEGHAN) |
| Filing 15 SUMMONS Returned Executed by WILLIAM ELLISON, RAINBOW FROST ICE CREAM INC, CARISSA HARBARGER, RONALD ELLISON. SUE SHUMAKER served on 5/15/2025, answer due 6/5/2025. (BETZ, MEGHAN) |
| Filing 14 SUMMONS Returned Executed by WILLIAM ELLISON, RAINBOW FROST ICE CREAM INC, CARISSA HARBARGER, RONALD ELLISON. GULFSTREAM ICE CREAM served on 5/15/2025, answer due 6/5/2025. (BETZ, MEGHAN) |
| Filing 13 SUMMONS Returned Executed by WILLIAM ELLISON, RAINBOW FROST ICE CREAM INC, CARISSA HARBARGER, RONALD ELLISON. CITY OF DESTIN CODE COMPLIANCE served on 5/12/2025, answer due 6/2/2025. (BETZ, MEGHAN) |
| Filing 12 SUMMONS Returned Executed by WILLIAM ELLISON, RAINBOW FROST ICE CREAM INC, CARISSA HARBARGER, RONALD ELLISON. THE CITY OF DESTIN served on 5/12/2025, answer due 6/2/2025. (BETZ, MEGHAN) |
| Filing 11 Summons Issued as to CITY OF DESTIN CODE COMPLIANCE, GULFSTREAM ICE CREAM, SUE SHUMAKER, THE CITY OF DESTIN, THOMAS ISLAND ICE CREAM LLC, TROTTER'S GENERAL CONTRACTORS INC. (jcw) |
| Filing 10 NOTICE of Summons To Be Issued (Trotters Construction) by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER re #1 Complaint,, (BETZ, MEGHAN) |
| Filing 9 NOTICE Summons To Be Issued (Sue Shumaker) by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER re #1 Complaint,, (BETZ, MEGHAN) |
| Filing 8 NOTICE Summons To Be Issued (Thomas Island Ice Cream) by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER re #1 Complaint,, (BETZ, MEGHAN) |
| Filing 7 NOTICE of Summons To Be Issued (Gulf Stream Ice Cream) by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER re #1 Complaint,, (BETZ, MEGHAN) |
| Filing 6 NOTICE of Summons To Be Issued (City of Destin) by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER re #1 Complaint,, (BETZ, MEGHAN) |
| Filing 5 NOTICE of Summons To Be Issued (Destin City Code Compliance) by RAINBOW FROST ICE CREAM INC, RONALD ELLISON, WILLIAM ELLISON, CARISSA HARBARGER re #1 Complaint,, (BETZ, MEGHAN) |
| Filing 4 CIVIL COVER SHEET. (BETZ, MEGHAN) |
| Filing 3 DOCKET ANNOTATION BY COURT: Pursuant to N.D. Fla. Loc. R. 5.2, a complete and executed Civil Cover Sheet is required in each civil case filed. Please file the civil cover sheet using the event selection "Civil Cover Sheet" which is found under "Other Filings," "Other Documents." (jcw) |
| 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. (mah) |
| Filing 1 COMPLAINT against City of Destin Code Compliance, Gulf Stream Ice Cream, Sue Shumaker, The City of Destin, Thomas Island Ice Cream, LLC, Trotter's General Contractors, Inc. ( Filing fee $ 405 receipt number AFLNDC-9454322.), filed by Carissa Harbarger, Ronald Ellison, Rainbow Frost Ice Cream, Inc., William Ellison. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9, #10 Exhibit 10, #11 Exhibit 11) (BETZ, MEGHAN) |
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