SUPPORT WORKING ANIMALS INC et al v. DESANTIS et al
| JAN GEORGE KENNEL LLC, MARSELLA RACING INC, GLORIA THOMAS, DON JARRETT GREYHOUND TRANSPORTATION, ANTHONY CALVO, SHARON DIPPEL, GREG MORSE, MELODY ALVES KENNEL, CAPABAL KENNEL INC, MICHAEL GERARD, KURT TRZECAIK, RICHARD ALVES KENNEL, SUPPORT WORKING ANIMALS INC, DONNA HAHN MALBOUEF, SEMINOLE ANIMAL SUPPLY INC, JAIME TESTA, RICHARD MARCOUX and KACER KENNEL LLC |
| ASHLEY MOODY, RON DESANTIS and LAUREL LEE |
| 4:2019cv00570 |
| November 19, 2019 |
| US District Court for the Northern District of Florida |
| WILLIAM STAFFORD |
| CHARLES A STAMPELOS |
| MARK E WALKER |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 44 NOTICE of Withdrawal of Subpoena for Tom Lee by SUPPORT WORKING ANIMALS INC re #41 Notice (Other) (ALBA, DAWN) |
Filing 43
ORDER GRANTING MOTION TO STAY DISCOVERY PENDING RULING ON MOTION TO DISMISS. This Court has considered, without hearing, Defendants' Motion for Stay of Discovery Pending Ruling on Motion to Dismiss. ECF No. #42 . The motion is GRANTED. Discovery is stayed pending this Court's ruling on Defendants' motion to dismiss. ECF No. #33 . Once this Court has ruled on the pending motion, if necessary, the parties shall be directed to file their Rule 26(f) joint scheduling report. This Court will then enter its scheduling and mediation order setting the case for trial. Signed by CHIEF JUDGE MARK E WALKER on 12/26/19. (blb)
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| Filing 42 MOTION to Stay Pending Resolution of Motion to Dismiss (DE33) by RON DESANTIS, LAUREL LEE, ASHLEY MOODY. (Attachments: #1 Exhibit Subpoena) (DAVIS, ASHLEY) |
| Filing 41 NOTICE OF SERVING NON-PARTY SUBPOENA DUCES TECUM by SUPPORT WORKING ANIMALS INC (ALBA, DAWN) |
| Set/Reset Deadlines: Status Report due by 1/18/2020. (blb) |
| Filing 40 STATUS REPORT re: DISCOVERY by SUPPORT WORKING ANIMALS INC. (ALBA, DAWN) |
| Filing 39 MEMORANDUM in Opposition re #16 Defendants' Motion to Dismiss filed by SUPPORT WORKING ANIMALS INC. (ALBA, DAWN) |
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Filing 38
ORDER GRANTING PLAINTIFFS' #37 MOTION TO FILE RESPONSE OUT OF TIME AND WITHDRAWING ORDER TO SHOW CAUSE. This Court notes Plaintiffs have attached their response as an exhibit to their motion for extension of time. See ECF No. #37 -1. Plaintiffs shall file their response as a separate entry on the docket on or before Monday, December 16, 2019. (Internal deadline for referral to judge if response not separately docketed by: 12/16/2019).) Signed by CHIEF JUDGE MARK E WALKER on 12/11/2019. (toy)
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| Filing 37 MOTION for Extension of Time to File Response/Reply as to #33 Joint MOTION to Dismiss Plaintiffs' First Amended Complaint To File Out of Time by SUPPORT WORKING ANIMALS INC. (Attachments: #1 Exhibit) (ALBA, DAWN) |
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Filing 36
*WITHDRAWN PER ECF#38 ORDER* ORDER TO SHOW CAUSE. Plaintiffs shall show cause in writing on or before December 18, 2019, why the motion should not be granted due to Plaintiffs' failure to respond. Show Cause Response due by 12/18/2019. Signed by CHIEF JUDGE MARK E WALKER on 12/11/2019. (toy) Modified on 12/11/2019 (toy).
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #33 Joint MOTION to Dismiss. *No response filed* (toy) |
| Filing 35 Corporate Disclosure Statement/Certificate of Interested Persons by SUPPORT WORKING ANIMALS INC. (ALBA, DAWN) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #30 Scheduling Order. *Corp Disclosure Stmts not filed* (toy) |
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Filing 34
ORDER GRANTING #32 LEAVE TO EXCEED WORD LIMIT. This Court accepts Defendants' motion and memorandum as filed with 10,072 words. Signed by CHIEF JUDGE MARK E WALKER on 12/02/2019. (toy)
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| Filing 33 Joint MOTION to Dismiss Plaintiffs' First Amended Complaint by RON DESANTIS, LAUREL LEE, ASHLEY MOODY. (Internal deadline for referral to judge if response not filed earlier: 12/10/2019). (PRIMROSE, NICHOLAS) |
| Filing 32 Unopposed MOTION for Leave to File Consolidated Motion to Dismiss and Memorandum in Excess of Word Limit by RON DESANTIS. (PRIMROSE, NICHOLAS) Modified on 11/26/2019 to match PDF title (toy). |
| Filing 31 NOTICE of Appearance by DAWN MARIE ALBA on behalf of All Plaintiffs (ALBA, DAWN) |
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Filing 30
INITIAL SCHEDULING ORDER : (Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 12/4/2019., Rule 26 Meeting Report due by 1/3/2020., Discovery due by 3/19/2020., Status Report due by 12/20/2019.) Case referred to mediation. Signed by CHIEF JUDGE MARK E WALKER on 11/20/2019. (toy)
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Filing 29
ORDER OF DISQUALIFICATION. Case reassigned to CHIEF JUDGE MARK E WALKER for all further proceedings. SENIOR JUDGE WILLIAM STAFFORD no longer assigned to case. Signed by SENIOR JUDGE WILLIAM STAFFORD on 11/20/2019. (toy) *For future filings please use new judge's initials: 4-19-cv-570-MW-CAS.*
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| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of CHIEF JUDGE MARK E WALKER notified that action is needed Re: #29 Order Reassigning Case, (toy) |
| Filing 28 Case transferred in from District of Florida Southern; Case Number 9:19-cv-81364. Original file with documents numbered 1-27 received. |
| Filing 27 Summons Reissued as to Ron Desantis, Laurel Lee, Ashley Moody. (mc) [Transferred from Florida Southern on 11/19/2019.] |
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Filing 26
ORDER TRANSFERRING CASE TO THE TALLAHASSEE DIVISION OF THE NORTHERN DISTRICT OF FLORIDA. Closing Case. Motions terminated: #16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, Defendant's MOTION to Change Venue filed by Laurel Lee, Ashley Moody, Ron Desantis. Signed by Judge Donald M. Middlebrooks on 11/19/2019. See attached document for full details. (drz) [Transferred from Florida Southern on 11/19/2019.]
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| Filing 25 Clerks Notice to Filer re #24 Amended Complaint. Parties Not Added; ERROR - The Filer failed to add all parties from the amended complaint. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties. (mc) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 24 First AMENDED COMPLAINT AND JOINDER OF ADD'L PARTIES against All Defendants, filed by Support Working Animals, Inc.. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s))(Alba, Dawn) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 23 STIPULATION re #16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, Defendant's MOTION to Change Venue to the Northern District of Florida, Tallahassee Division by Ron Desantis (Primrose, Nicholas) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 22 Initial Disclosure(s) of Joint Discovery Plan Re: #7 Scheduling Order,,,, Order Referring Case to Mediation,,, by Laurel Lee (Davis, Ashley) [Transferred from Florida Southern on 11/19/2019.] |
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Filing 21
PAPERLESS ORDER granting #18 Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendants' Motion to Dismiss. Defendants filed a Motion to Dismiss (DE #16 ) on October 31, 2019, meaning Plaintiffs' response is currently due by November 14, 2019. In the present Motion, Plaintiffs ask that this deadline be extended to November 22, 2019. Although Plaintiffs fail to give any reason why they require this extension, I will grant the motion in the interest of judicial efficiency. Going forward, however, Plaintiffs are advised that motions for extension must be supported with specific reasons why they cannot comply with the applicable deadline(s). Plaintiffs' deadline to respond to Defendants' Motion to Dismiss is hereby extended to November 22, 2019. This extended deadline does not excuse the Parties from compliance with all of the other pretrial deadlines previously set by the Court. (DE #7 ). Signed by Judge Donald M. Middlebrooks on 11/7/2019. (kal) [Transferred from Florida Southern on 11/19/2019.]
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Filing 20
PAPERLESS ORDER striking #17 Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendants' Motion to Dismiss. On the same day Plaintiffs filed the present Motion, they also filed a corrected version of the Motion (DE #18 ). Accordingly, the initial Motion is stricken. Signed by Judge Donald M. Middlebrooks on 11/7/2019. (kal) [Transferred from Florida Southern on 11/19/2019.]
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| Filing 19 NOTICE of Striking #17 Unopposed MOTION for Extension of Time TO RESPOND TO DEFENDANT'S MOTION TO DISMISS re #16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, Defendant's MOTION to Change Venue filed by Seminole Animal Supply, Inc. by Support Working Animals, Inc. (Alba, Dawn) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 18 Unopposed MOTION for Extension of Time FOR RESPONSE TO DEFENDANT'S MOTION TO DISMISS re #17 Unopposed MOTION for Extension of Time TO RESPOND TO DEFENDANT'S MOTION TO DISMISS re #16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, Defendant's MOTION to Change Venue by Support Working Animals, Inc.. Responses due by 11/20/2019 (Attachments: #1 Text of Proposed Order)(Alba, Dawn) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 17 STRICKEN Unopposed MOTION for Extension of Time TO RESPOND TO DEFENDANT'S MOTION TO DISMISS re #16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, Defendant's MOTION to Change Venue by Seminole Animal Supply, Inc.. Responses due by 11/20/2019 (Alba, Dawn) Modified on 11/7/2019 stricken per de#19 (dj). [Transferred from Florida Southern on 11/19/2019.] |
| Filing 16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, , Defendant's MOTION to Change Venue by Ron Desantis, Laurel Lee, Ashley Moody. Responses due by 11/14/2019 (Attachments: #1 Exhibit Incorporation and Licensing Documents)(Primrose, Nicholas) [Transferred from Florida Southern on 11/19/2019.] |
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Filing 15
PAPERLESS ORDER granting #13 Defendants' Unopposed Motion for Leave to File Consolidated Response to Exceed Page Limitation. Defendants may jointly file one response (up to forty pages) to the Complaint. Signed by Judge Donald M. Middlebrooks on 10/30/2019. (kal) [Transferred from Florida Southern on 11/19/2019.]
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| Filing 14 NOTICE of Attorney Appearance by Blaine H Winship on behalf of Ashley Moody. Attorney Blaine H Winship added to party Ashley Moody(pty:dft). (Winship, Blaine) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 13 Unopposed MOTION for Leave to File Excess Pages for Consolidated Response by Ron Desantis. Attorney Nicholas Allen Primrose added to party Ron Desantis(pty:dft). (Primrose, Nicholas) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 12 NOTICE of Attorney Appearance by Ashley Davis on behalf of Laurel Lee. Attorney Ashley Davis added to party Laurel Lee(pty:dft). (Davis, Ashley) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 11 NOTICE of Compliance SERVICE OF FLORIDA ATTORNEY GENERAL by Support Working Animals, Inc. re #1 Complaint 42 USC 1983 or Bivens, filed by Michael Gerard, Capabal Kennel, Inc., Seminole Animal Supply, Inc., Kacer Kennel, LLC, Jan George Kennel, LLC, Don Jarrett Greyhound Transportation, Gloria Thomas, Support Working Animals, Inc. (Alba, Dawn) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Support Working Animals, Inc.. Ron Desantis served on 10/10/2019, answer due 10/31/2019; Laurel Lee served on 10/10/2019, answer due 10/31/2019; Ashley Moody served on 10/10/2019, answer due 10/31/2019. (Alba, Dawn) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 9 Clerks Notice of Docket Correction re #8 Order. Duplicate order entered inadvertently. Please see original #5 Order. Docket Text Modified by Clerk. (sk) [Transferred from Florida Southern on 11/19/2019.] |
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Filing 8
(Duplicate) ORDER REFERRING CASE and Setting Trial Date: ( Jury Trial set for 6/8/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/3/2020 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 10/8/2019. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. Modified text/status per Chambers on 10/11/2019 (sk). [Transferred from Florida Southern on 11/19/2019.]
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Filing 7
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 11/18/2019., Discovery due by 3/9/2020., Joinder of Parties due by 11/18/2019., In Limine Motions due by 4/6/2020., Dispositive Motions due by 4/6/2020., Motions due by 4/6/2020., Pretrial Stipulation due by 5/11/2020., Jury Trial set for 6/8/2020 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 6/3/2020 01:15 PM before Judge Donald M. Middlebrooks.)and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 10/8/2019. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 11/19/2019.]
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| Filing 6 Summons Issued as to Ron Desantis, Laurel Lee, Ashley Moody. (dj) [Transferred from Florida Southern on 11/19/2019.] |
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Filing 5
ORDER REFERRING CASE and Setting Trial Date: ( Jury Trial set for 6/8/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/3/2020 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 10/8/2019. See attached document for full details. (drz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. [Transferred from Florida Southern on 11/19/2019.]
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| Filing 4 NOTICE of Filing Proposed Summons(es) MOODY, DESANTIS, LEE by Support Working Animals, Inc. re #1 Complaint 42 USC 1983 or Bivens, filed by Michael Gerard, Capabal Kennel, Inc., Seminole Animal Supply, Inc., Kacer Kennel, LLC, Jan George Kennel, LLC, Don Jarrett Greyhound Transportation, Gloria Thomas, Support Working Animals, Inc. (Attachments: #1 Summon(s), #2 Summon(s)) (Alba, Dawn) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. (drz) [Transferred from Florida Southern on 11/19/2019.] |
| Filing 1 Complaint pursuant to 42 USC 1983 against All Defendants. Filing fee $ 400.00 receipt number 113C-12040954, filed by Gloria Thomas, Capabal Kennel, Inc., Don Jarrett Greyhound Transportation, Seminole Animal Supply, Inc., Kacer Kennel, LLC, Jan George Kennel, LLC, Michael Gerard, Support Working Animals, Inc.. (Attachments: #1 Civil Cover Sheet)(Alba, Dawn) [Transferred from Florida Southern on 11/19/2019.] |
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