BRANCH v. CENTURION LLC et al
| CASSIUS L BRANCH |
| CENTURION LLC, Manuel Calcagno, CESAR CALDERON and CHRIS LANE |
| 4:2024cv00425 |
| October 18, 2024 |
| US District Court for the Northern District of Florida |
| MARTIN A FITZPATRICK |
| T KENT WETHERELL |
| Prisoner Civil Rights |
| Civil Miscellaneous Case |
| Defendant |
Docket Report
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Filing 16
ORDER - The Clerk of Court shall print a copy of the docket for this case and provide it to Plaintiff with this Order. The Clerk of Court shall return this file upon the filing of a return of service for Defendant Lane, a notice of appearance of counsel, or no later than 1/10/2025. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 12/4/2024. (baf) (A copy of the docket sheet has been provided to the plaintiff by mail per order instructions.)
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| Filing 15 Letter from CASSIUS L. BRANCH Re: #11 NOTICE OF INQUIRY (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #15 Letter from CASSIUS L. BRANCH. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #13 ORDER. ***Plaintiff has not filed a response to Defendant's #6 Motion to Dismiss by 11/25/2024.*** (baf) |
| Filing 14 Summons Issued as to CHRIS LANE. (baf) |
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Filing 13
ORDER - The Clerk of Court shall make an identical copy of Plaintiff's complaint, filed in this case as ECF No. #4 , and provide that pleading to the United States Marshals Service who must serve the complaint as required by Rule 4(c)(3) of the Federal Rules of Civil Procedure. The Clerk shall issue a summons for Defendant Chris Lane, indicating that the Defendant has sixty (60) days in which to file a response to the complaint, and refer the summons to the USMS along with the service copy of Plaintiff's complaint. The Clerk shall also prepare and send the USMS a copy of this Order for the Defendant and a copy for the Marshals use. In accordance with 28 U.S.C. 636(c)(2), the Clerk shall forward to Plaintiff a form for consenting to trial by the magistrate judge with this case number written on it. Plaintiff has until 11/25/2024, to file a response to Defendants' motion to dismiss, ECF No. #6 . The Clerk of Court shall return this file upon the filing of a return of service, a notice of appearance, or no later than 1/10/2025. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/13/2024. (baf) (Order provided to the USMS. Form consenting to trial by magistrate provided to the plaintiff.)
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| Filing 12 DEFENDANTS' RESPONSE TO ORDER (DKT 9) by CENTURION LLC, MANUEL CALCAGNO, CESAR CALDERON re #9 ORDER . (HUGHES, DAVID) Modified title on 11/15/2024 (baf). |
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Filing 9
ORDER - The parties have until 11/13/2024, to clarify whether Defendant Lane has yet been served with process and advise, if known, whether that Defendant consents to removal. Plaintiff has until 11/25/2024, to file a response to Defendants' motion to dismiss, ECF No. #6 . Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 11/12/2024. (baf)
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| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #10 PLAINTIFF'S OBJECTION AND CLARIFICATION OF DEFENDANT'S MANUEL, CALCAGNO, CESAR CALDERON AND EXECUTIVE MEDICAL DIRECTOR PROVIDER CENTURION LLC 6 MOTION TO DISMISS COMPLAINT, #11 NOTICE OF INQUIRY. (baf) |
| Filing 11 NOTICE OF INQUIRY by CASSIUS L BRANCH (Attachments: #1 Exhibit - Table of Content) (baf) |
| Filing 10 PLAINTIFF'S OBJECTION AND CLARIFICATION OF DEFENDANT'S MANUEL, CALCAGNO, CESAR CALDERON AND EXECUTIVE MEDICAL DIRECTOR PROVIDER CENTURION LLC #6 MOTION TO DISMISS COMPLAINT filed by CASSIUS L BRANCH. (baf) ( #1 Exhibit - Table of Content) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #8 MEMORANDUM OF LAW IN OPPOSITION TO ATTORNEY REMOVAL OF ACTION FROM STATE COURT TO FEDERAL COURT. (baf) |
| Filing 8 MEMORANDUM OF LAW IN OPPOSITION TO ATTORNEY REMOVAL OF ACTION FROM STATE COURT TO FEDERAL COURT by CASSIUS L BRANCH (baf) |
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Filing 7
ORDER - The parties have until November 13, 2024, to clarify whether Defendant Lane has yet been served with process and advise, if known, whether that Defendant consents to removal. Plaintiff has until November 18, 2024, to file a motion to remand if there is a basis to do so. Plaintiff has until November 25, 2024, to file a response in opposition to Defendants' motion to dismiss, ECF No. #6 . Ruling on the motion to dismiss, ECF No. #6 , is DEFERRED. The Clerk of Court shall return this case upon the parties compliance with this Order, or no later than November 25, 2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/25/2024. (baf)
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| Set #7 Deadlines/Hearings Notify Chambers on 11/25/2024. Service Process Clarification Deadline - by 11/13/2024. Motions due by 11/18/2024. (Internal deadline for referral to judge if response not filed earlier: 11/25/2024). (baf) |
| Filing 6 DEFENDANTS' MOTION TO DISMISS by CENTURION LLC, MANUEL CALCAGNO, CESAR CALDERON. (HUGHES, DAVID) Modified title on 10/24/2024 (baf). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #6 DEFENDANTS' MOTION TO DISMISS. Referred to MARTIN A FITZPATRICK. (baf) |
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Filing 5
ORDER - The parties have until 11/13/2024, to clarify whether Defendant Lane has yet been served with process and advise, if known, whether that Defendant consents to removal. If there is a basis for Plaintiff to seek remand to state court, Plaintiff must file a motion to remand by 11/18/2024. For the sake of clarity, the Clerk of Court shall separately file Plaintiff's complaint, ECF No. #1 -1 at #1 -16, on this Court's docket. The Clerk of Court shall return this case upon the parties compliance with this Order, or no later than 11/18/2024. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 10/21/2024. (baf) (Complaint docketed separately, ECF #4 )
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| Filing 4 COMPLAINT against MANUEL CALCAGNO, CESAR CALDERON, CENTURION LLC, CHRIS LANE, filed by CASSIUS L BRANCH. (baf) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MARTIN A FITZPATRICK notified that action is needed Re: #2 Notice of Appearance, #1 Notice of Removal, #3 Notice of Appearance. (baf) |
| Filing 3 NOTICE of Appearance by DAVID WILLIAM HUGHES on behalf of CESAR CALDERON, CENTURION LLC, Manuel Calcagno (HUGHES, DAVID) |
| Filing 2 NOTICE of Appearance by ETHEN R SHAPIRO on behalf of CESAR CALDERON, CENTURION LLC, Manuel Calcagno (SHAPIRO, ETHEN) |
| Filing 1 NOTICE OF REMOVAL by CENTURION LLC, CESAR CALDERON, Manuel Calcagno from Second Judicial Circuit, Leon County, Florida, case number 2024-CA-0005885. ( Filing fee $ 405 receipt number AFLNDC-9103548.), filed by CENTURION LLC, CESAR CALDERON, Manuel Calcagno. (Attachments: #1 Exhibit State court filed pleadings, #2 Civil Cover Sheet) (HUGHES, DAVID) |
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