Tatem v. City of Hollywood et al
Plaintiff: Bernard Tatem and Bernard Fernando Tatem
Defendant: Jennifer Garcia, City of Hollywood, Kyle Karl and Hollywood Police Department
Case Number: 0:2019cv60716
Filed: March 19, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Rodolfo A Ruiz
Referring Judge: Barry S Seltzer
Nature of Suit: Constitutional - State Statute
Cause of Action: 42:1983
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on July 15, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 15, 2019 Opinion or Order Filing 28 PAPERLESS ORDER SETTING DISCOVERY PROCEDURES. No discovery motions shall be filed with the Court unless specifically authorized by Order. In the event a discovery dispute does arise, counsel are instructed to meet and confer in a good faith attempt to resolve the dispute. If, after conferring, the parties cannot resolve their discovery dispute, the movant must seek relief within 14 days after the grounds for relief occur by contacting the undersigneds Chambers (954-769-5450) and scheduling a discovery hearing. The movant shall have first conferred with opposing counsel and obtained three alternative dates and times that both counsel are available for a hearing. The attorney or other person with knowledge who telephones the Court shall have the following information: (a) the nature of the discovery dispute; (b) the efforts made to confer with opposing counsel; and (c) three agreed upon dates for a hearing. The Court will then set the matter for hearing and order the parties to submit a joint status report on the issues. Where there has been a complete failure to respond to discovery, and where good faith efforts have been made (without success) to obtain that discovery, counsel need not obtain agreed upon dates, but shall so inform the Court telephonically of the issue, and the Court will set the matter for hearing. Finally, when the parties have stipulated to the entry of an order, such as stipulated confidentiality order, the parties shall not file a motion for entry of the stipulated order. Instead, counsel shall email to Chambers (seltzer@flsd.uscourts.gov) a copy of the proposed stipulated order in Word or WordPerfect format, with a statement that the parties have agreed to entry of the proposed order. Signed by Magistrate Judge Barry S. Seltzer on 7/15/2019. (pb00)
July 12, 2019 Opinion or Order Filing 27 SCHEDULING ORDER: ( Jury Trial set for 5/26/2020 in Fort Lauderdale Division before Judge Rodolfo A Ruiz., Calendar Call set for 5/19/2020 11:00 AM in Fort Lauderdale Division before Judge Rodolfo A Ruiz., Proposed Order Scheduling Mediation due by 8/1/2019., Amended Pleadings due by 8/22/2019., Joinder of Parties due by 8/22/2019., Discovery due by 1/27/2020., Expert Discovery due by 1/27/2020., Mediation Deadline 2/3/2020., Pretrial Motions due by 2/11/2020., In Limine Motions due by 3/10/2020., Pretrial Stipulation due by 3/10/2020.). ORDER REFERRING CASE to Magistrate Judge Barry S. Seltzer for all discovery related matters. Signed by Judge Rodolfo A Ruiz on 7/12/2019. See attached document for full details. (mhn) #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.
July 10, 2019 Filing 26 Amended SCHEDULING REPORT - Rule 16.1 by Bernard Fernando Tatem (Levers, Rogell)
July 10, 2019 Filing 25 SCHEDULING REPORT - Rule 16.1 by Bernard Fernando Tatem (Levers, Rogell)
July 10, 2019 Filing 24 ANSWER and Affirmative Defenses to Complaint by Jennifer Garcia, Kyle Karl. (Alvarez, Tamatha)
June 27, 2019 Filing 23 NOTICE of Attorney Appearance by Tamatha Suzanne Alvarez on behalf of Jennifer Garcia, Kyle Karl. Attorney Tamatha Suzanne Alvarez added to party Jennifer Garcia(pty:dft), Attorney Tamatha Suzanne Alvarez added to party Kyle Karl(pty:dft). (Alvarez, Tamatha)
June 26, 2019 Filing 22 WAIVER OF SERVICE Returned Executed by Bernard Fernando Tatem. Kyle Karl waiver sent on 6/25/2019, answer due 8/26/2019. (Levers, Rogell)
June 26, 2019 Filing 21 Summons (Affidavit) Returned Unexecuted by Bernard Fernando Tatem as to Kyle Karl. (Levers, Rogell)
June 26, 2019 Filing 20 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 Bernard Fernando Tatem. Jennifer Garcia served on 6/25/2019, answer due 7/16/2019. (Levers, Rogell)
June 19, 2019 Case Reopened Per DE#19, Reset Deadlines ( Joint Scheduling Report due by 7/10/2019) (cqs)
June 19, 2019 Opinion or Order Filing 19 PAPERLESS ORDER GRANTING #18 Plaintiff's Motion to Vacate Order Dismissing Case and ORDER REQUIRING JOINT SCHEDULING REPORT. The clerk is instructed to reopen this case. Plaintiff shall perfect service on Defendant Jennifer Garcia and Defendant Kyle Karl by no later than June 26, 2019. Failure to file proof of service as to Defendant Garcia and Defendant Karl by June 26, 2019 will result in an order of dismissal as to these Defendants without further notice. The parties are also ordered to prepare and file a joint scheduling report, as required by Local Rule 16.1 by no later than July 10, 2019. Signed by Judge Rodolfo A Ruiz on 6/19/2019. (fc)
June 18, 2019 Filing 18 First MOTION to Set Aside Judgment by Bernard Fernando Tatem. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Text of Proposed Order C)(Levers, Rogell)
June 18, 2019 Opinion or Order Filing 17 ORDER OF DISMISSAL. The Clerk is instructed to mark this case closed. Signed by Judge Rodolfo A Ruiz on 6/18/2019. See attached document for full details. (gp)
June 11, 2019 Filing 16 NOTICE of Attorney Appearance by John Charles Wien on behalf of City of Hollywood (Wien, John)
June 11, 2019 Filing 15 ANSWER and Affirmative Defenses to Complaint with Jury Demand by City of Hollywood. Attorney John Charles Wien added to party City of Hollywood(pty:dft). (Wien, John)
May 28, 2019 Opinion or Order Filing 14 ORDER TO SHOW CAUSE why this action should not be dismissed for failure to perfect service. Show Cause Response due by 6/17/2019. Signed by Judge Rodolfo A Ruiz on 5/28/2019. See attached document for full details. (gp)
May 14, 2019 Filing 13 Summons Issued as to City of Hollywood. (ls)
May 13, 2019 Filing 12 NOTICE of Filing Proposed Summons(es) Summons to the City of Hollywood, Attn: Mayor Josh Levy by Bernard Fernando Tatem (Levers, Rogell)
May 10, 2019 Filing 11 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (ls)
May 9, 2019 Filing 10 NOTICE of Filing Proposed Summons(es) Summons to Mayor Josh Levy, City of Hollywood by Bernard Fernando Tatem (Levers, Rogell)
May 6, 2019 Opinion or Order Filing 9 ORDER OF REASSIGNMENT. Signed by Judge Federico A. Moreno on 5/6/2019. See attached document for full details. (yar)
May 6, 2019 Opinion or Order Filing 8 ORDER REASSIGNING CASE to Judge Rodolfo A Ruiz for all further proceedings, Judge Federico A. Moreno no longer assigned to case. Signed by Judge Federico A. Moreno on 5/6/2019. See attached document for full details. (mmd)
March 21, 2019 Filing 7 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Hollywood Police Department. (Levers, Rogell)
March 21, 2019 Filing 6 NOTICE by Bernard Fernando Tatem Notice of Filing (Attachments: #1 Civil Cover Sheet) (Levers, Rogell)
March 20, 2019 Filing 5 Clerks Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. Filer is instructed to add the additional parties by filing a Notice of Entry of Parties. It is not necessary to re-file this document. (pcs)
March 20, 2019 Filing 4 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (pcs)
March 20, 2019 Filing 3 Summons Issued as to City of Hollywood, Jennifer Garcia, Kyle Karl. (pcs)
March 19, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Federico A. Moreno. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Barry S. Seltzer 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (pcs)
March 19, 2019 Filing 1 Complaint pursuant to 42 USC 1983 Bernard Tatem against All Defendants. Filing fee $ 400.00 receipt number 113C-11488859, filed by Bernard Tatem. (Attachments: #1 Summon(s) Kyle Karl, #2 Summon(s) Jennifer Garcia, #3 Summon(s) City of Hollywood)(Levers, Rogell)

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Defendant: Jennifer Garcia
Represented By: Tamatha Suzanne Alvarez
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Defendant: City of Hollywood
Represented By: John Charles Wien
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Defendant: Kyle Karl
Represented By: Tamatha Suzanne Alvarez
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Defendant: Hollywood Police Department
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Plaintiff: Bernard Tatem
Represented By: Rogell Xavier Levers
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Plaintiff: Bernard Fernando Tatem
Represented By: Rogell Xavier Levers
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