Davern v. Broward County, Florida et al
Plaintiff: Richard James Davern
Defendant: Javier Morales, Broward County, Florida, Angel Rivera, Sheriff of Broward County and Sheriff Gregory Tony
Case Number: 0:2020cv60502
Filed: March 8, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Roy K Altman
Referring Judge: Patrick M Hunt
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 1, 2020 Filing 28 ANSWER and Affirmative Defenses to Amended Complaint by Javier Morales, Angel Rivera. (Alvarez, Tamatha)
May 1, 2020 Filing 27 MOTION TO DISMISS #26 Amended Complaint FOR FAILURE TO STATE A CLAIM by Gregory Tony. Responses due by 5/15/2020 (Attachments: #1 Exhibit A)(Alvarez, Tamatha)
May 1, 2020 Filing 26 Second AMENDED COMPLAINT against Javier Morales, Angel Rivera, Gregory Tony filed in response to Order Granting Motion for Leave, filed by Richard James Davern.(Rodal, Yechezkel)
April 30, 2020 Opinion or Order Filing 25 PAPERLESS ORDER denying as moot #8 the Defendants' Motion to Dismiss given the Plaintiff's forthcoming filing of his Second Amended Complaint. Signed by Judge Roy K. Altman on 4/30/2020. (jz00)
April 30, 2020 Opinion or Order Filing 24 PAPERLESS ORDER granting #23 the Plaintiff's Unopposed Motion for Reconsideration of Order Striking the Plaintiff's Second Amended Complaint. The Plaintiff tells the Court that he indicated the Defendants' consent to his filing of a Second Amended Complaint in a footnote within the Second Amended Complaint. Because the Plaintiff has complied with Federal Rule of Civil Procedure 15, he may file his Second Amended Complaint on the docket by May 1, 2020. Signed by Judge Roy K. Altman on 4/30/2020. (jz00)
April 30, 2020 Filing 23 Unopposed MOTION for Reconsideration re #22 Order Striking PLAINTIFFS SECOND AMENDED COMPLAINT by Richard James Davern. (Attachments: #1 Text of Proposed Order)(Rodal, Yechezkel)
April 29, 2020 Opinion or Order Filing 22 ORDER Striking #21 Second Amended Complaint. Signed by Judge Roy K. Altman on 4/28/2020. See attached document for full details. (kpe)
April 27, 2020 Filing 21 STRICKEN Second AMENDED COMPLAINT against Javier Morales, Angel Rivera, Gregory Tony, filed by Richard James Davern.(Rodal, Yechezkel) Modified on 4/29/2020 per DE #22 Order(kpe).
April 27, 2020 Filing 20 CLERK'S NOTICE of Compliance by Sealing [8-1] pursuant to 18 Paperless Order (nc)
April 27, 2020 Filing 19 Clerks Notice to Filer re #17 MOTION to seal DE 8-1 re #8 MOTION TO DISMISS #5 Amended Complaint FOR FAILURE TO STATE A CLAIM . Wrong Event Selected; ERROR - The Filer selected the wrong event. The Event has been corrected by the Clerk. It is not necessary to refile this document. (nc)
April 27, 2020 Opinion or Order Filing 18 PAPERLESS ORDER granting #17 the Defendant's Motion to Seal ECF No. 8-1 attached to its Motion to Dismiss. Signed by Judge Roy K. Altman on 4/27/2020. (jz00)
April 27, 2020 Filing 17 MOTION to seal DE 8-1 re #8 MOTION TO DISMISS #5 Amended Complaint FOR FAILURE TO STATE A CLAIM by Gregory Tony. (Attachments: #1 Text of Proposed Order)(Alvarez, Tamatha) Modified Event on 4/27/2020 (nc).
April 23, 2020 Opinion or Order Filing 16 ORDER Setting Trial And Pre-Trial Schedule, Requiring Mediation, And Referring Certain Matters To Magistrate Judge: ( Jury Trial set for 4/26/2021 in Fort Lauderdale Division before Judge Roy K. Altman., Calendar Call set for 4/20/2021 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman., Amended Pleadings due by 6/8/2020., Discovery due by 12/30/2020., Expert Discovery due by 12/30/2020., Joinder of Parties due by 6/8/2020., Mediation Deadline 1/21/2021., In Limine Motions due by 4/12/2021., Dispositive Motions due by 1/6/2021., Motions due by 1/6/2021., Pretrial Stipulation due by 4/12/2021.), ( Mediation Deadline 1/21/2021.) Signed by Judge Roy K. Altman on 4/23/2020. See attached document for full details. (kpe) #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.
April 13, 2020 Opinion or Order Filing 15 PAPERLESS ORDER granting #14 the Plaintiff's Unopposed Motion for Extension of Time to respond to the Defendant, Gregory Tony's, Motion to Dismiss Count IV of the Plaintiff's Amended Complaint. The Plaintiff's response shall be due by April 27, 2020. Signed by Judge Roy K. Altman on 4/13/2020. (jz00)
April 13, 2020 Filing 14 MOTION for Extension of Time to File Response/Reply/Answer as to #8 MOTION TO DISMISS #5 Amended Complaint FOR FAILURE TO STATE A CLAIM by Richard James Davern. (Attachments: #1 Text of Proposed Order)(Rodal, Yechezkel)
April 13, 2020 Set Deadlines per DE 15 Order re #8 MOTION TO DISMISS. Responses due by 4/27/2020. (kpe)
April 8, 2020 Filing 13 Joint SCHEDULING REPORT - Rule 26(f) by Richard James Davern (Attachments: #1 Text of Proposed Order)(Rodal, Yechezkel)
April 8, 2020 Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement by Richard James Davern (Rodal, Yechezkel)
March 31, 2020 Filing 11 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Javier Morales, Angel Rivera, Gregory Tony (Alvarez, Tamatha)
March 30, 2020 Opinion or Order Filing 10 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report and Certificates of Interested Parties are due by 4/20/2020. Signed by Judge Roy K. Altman on 3/30/2020. See attached document for full details. (kpe)
March 30, 2020 Filing 9 ANSWER and Affirmative Defenses to Amended Complaint by Javier Morales, Angel Rivera. (Alvarez, Tamatha)
March 30, 2020 Filing 8 MOTION TO DISMISS #5 Amended Complaint FOR FAILURE TO STATE A CLAIM by Gregory Tony. Responses due by 4/13/2020 (Attachments: #1 Exhibit A)(Alvarez, Tamatha) Modified by Sealing [8-1] pursuant to 18 Paperless Order on 4/27/2020 (nc).
March 23, 2020 Filing 7 NOTICE of Attorney Appearance by Tamatha Suzanne Alvarez on behalf of Javier Morales, Angel Rivera, Sheriff of Broward County, Gregory Tony. Attorney Tamatha Suzanne Alvarez added to party Javier Morales(pty:dft), Attorney Tamatha Suzanne Alvarez added to party Angel Rivera(pty:dft), Attorney Tamatha Suzanne Alvarez added to party Sheriff of Broward County(pty:dft), Attorney Tamatha Suzanne Alvarez added to party Gregory Tony(pty:dft). (Alvarez, Tamatha)
March 12, 2020 Filing 6 Summons Issued as to Sheriff of Broward County. (kpe)
March 11, 2020 Filing 5 First AMENDED COMPLAINT against Javier Morales, Angel Rivera, Gregory Tony, filed by Richard James Davern. (Attachments: #1 Summon(s))(Rodal, Yechezkel)
March 11, 2020 Opinion or Order Filing 4 ORDER Requiring Combined Responses. Signed by Judge Roy K. Altman on 3/11/2020. See attached document for full details. (kpe)
March 9, 2020 Filing 3 Summons Issued as to Broward County, Florida, Javier Morales, Angel Rivera. (pcs)
March 8, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Patrick M. Hunt. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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 8, 2020 Filing 1 Complaint pursuant to 42 USC 1983 against Broward County, Florida, Javier Morales, Angel Rivera. Filing fee $ 400.00 receipt number AFLSDC-12569835, filed by Richard James Davern. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s), #4 Civil Cover Sheet)(Rodal, Yechezkel)

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Defendant: Javier Morales
Represented By: Tamatha Suzanne Alvarez
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Defendant: Broward County, Florida
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Defendant: Angel Rivera
Represented By: Tamatha Suzanne Alvarez
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Defendant: Sheriff of Broward County
Represented By: Tamatha Suzanne Alvarez
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Defendant: Sheriff Gregory Tony
Represented By: Tamatha Suzanne Alvarez
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Plaintiff: Richard James Davern
Represented By: Yechezkel Rodal
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