Galeano v. Rosa et al
| Diana Galeano |
| Anthony W Rosa, Alexander St. Preux and Paul Hormann |
| 0:2020cv61126 |
| June 8, 2020 |
| US District Court for the Southern District of Florida |
| K Michael Moore |
| Lurana S Snow |
| Civil Rights: Other |
| 28 U.S.C. § 1442 |
| Defendant |
Docket Report
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This docket was last retrieved on August 6, 2020. A more recent docket listing may be available from PACER.
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Filing 34
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of a Second Amended Complaint. #33 . The Amended Complaint moots Defendant Anthony W. Rosa's Motion to Dismiss #4 and Defendants Paul Hormann and Alexander St. Preux's Motion to Dismiss Plaintiff's Amended Complaint and Incorporated Memorandum of Law. #17 . Accordingly, UPON CONSIDERATION of the Second Amended Complaint #33 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendants Rosa, Hormann, and Preuxs Motions to Dismiss #4 ; #17 are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 8/6/2020. (tsr)
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| Filing 33 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Diana Galeano.(Aguirre, Jose) |
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Filing 32
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On July 7, 2020, Plaintiff filed the Motion for Leave to Amend Complaint and Memorandum of Law in Support. #22 . Plaintiff included the Proposed Second Amended Complaint as an exhibit to that Motion. [22-1]. However, Plaintiff never filed the Second Amended Complaint. Accordingly, Plaintiff is hereby ORDERED to file the Second Amended Complaint, as set forth in [22-1], separately on the docket on or before August 7, 2020. Signed by Chief Judge K. Michael Moore on 8/5/2020. (tsr)
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| Filing 31 REPLY to Response to Motion re #26 MOTION TO DISMISS #22 MOTION to Amend/Correct #1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint), #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Count II (by City of Sunrise per amendment) filed by Anthony W Rosa. (Alexander, Scott) |
| Filing 30 ANSWER and Affirmative Defenses to Complaint with Jury Demand to Second Amended Complaint by Alexander St. Preux. (Marrero, Oscar) |
| Filing 29 ANSWER and Affirmative Defenses to Complaint with Jury Demand to Second Amended Complaint by Paul Hormann. (Marrero, Oscar) |
| Filing 28 RESPONSE in Opposition re #26 MOTION TO DISMISS #22 MOTION to Amend/Correct #1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint), #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Count II (by City of Sunrise per amendment) filed by Diana Galeano. Replies due by 7/30/2020. (Aguirre, Jose) |
| Filing 27 ANSWER and Affirmative Defenses to Complaint with Jury Demand (as to Count III) by Anthony W Rosa. (Alexander, Scott) Modified Text on 7/9/2020 (ls). |
| Filing 26 MOTION TO DISMISS #22 MOTION to Amend/Correct #1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint), #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Count II (by City of Sunrise per amendment) by Anthony W Rosa. Responses due by 7/23/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Alexander, Scott) |
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Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Leave to Amend Complaint and Memorandum of Law in Support. #22 . Therein, Plaintiff requests to file a second Amended Complaint to substitute a party and to include "additional facts to bolster some of the counts in Plaintiff's First Amended Complaint." Id. Federal Rule of Civil Procedure 15(a)(2) permits a plaintiff to amend its pleading with the opposing party's written consent or the Court's leave. Fed. R. Civ. P. 15(a)(2). The decision whether to grant leave to amend is committed to the sound discretion of the trial court. Best Canvas Products & Supplies, Inc. v. Ploof Truck Lines, Inc., 713 F.2d 618, 622 (11th Cir. 1983). However, "[u]nless there is a substantial reason to deny leave to amend, the discretion of the district court is not broad enough to permit denial." Dussouy v. Gulf Coast Investment Corp., 660 F.2d 594, 598 (5th Cir. 1981). Here, the Court does not find a substantial reason to deny leave to amend. Accordingly, UPON CONSIDERATION of Motion #22 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Plaintiff's Motion for Leave to Amend Complaint and Memorandum of Law in Support #22 is GRANTED. Signed by Chief Judge K. Michael Moore on 7/9/2020. (tsr)
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Filing 24
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice of Striking Pleading. #21 . Therein, Plaintiff requests that the Court strike docket entry #19 , which purports to be a Response in Opposition to Defendant's Motion to Dismiss #17 , because it was filed in error. Id. Accordingly, upon consideration of the Notice #21 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that docket entry #19 is STRICKEN. The Clerk of the Court is directed to STRIKE docket entry #19 . Signed by Chief Judge K. Michael Moore on 7/9/2020. (tsr)
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| Filing 23 Clerks Notice to Filer re #22 Second MOTION to Amend/Correct #17 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), , #4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint. Incorrect Document Link; ERROR - The filed document was not correctly linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) |
| Filing 22 MOTION to Amend/Correct #1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint) by Diana Galeano. Responses due by 7/21/2020 (Attachments: #1 Second Amended Complaint)(Aguirre, Jose) Modified Link/Text on 7/7/2020 (ls). |
| Filing 21 NOTICE of Striking #19 Response in Opposition to Motion, filed by Diana Galeano by Diana Galeano (Aguirre, Jose) |
| Filing 20 Clerks Notice to Filer re #19 Response in Opposition to Motion,. Document and Event Selected Do Not Match; CORRECTIVE ACTION REQUIRED - The Filer must File a Notice of Striking, then refile the correct document. (ls) |
| Filing 19 "STRICKEN" RESPONSE in Opposition re #17 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), , #4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Diana Galeano. Replies due by 7/14/2020. (Attachments: #1 Exhibit amended complaint)(Aguirre, Jose) Modified on 7/9/2020 (ls). (Stricken per DE #24) |
| Filing 18 REPLY to Response to Motion re #4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Anthony W Rosa. (Alexander, Scott) |
| Filing 17 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint), by Paul Hormann, Alexander St. Preux. Responses due by 7/7/2020 (Attachments: #1 Text of Proposed Order)(Marrero, Oscar) |
| Filing 16 MEMORANDUM of Law re #4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Diana Galeano. (Attachments: #1 Exhibit)(Aguirre, Jose) |
| Filing 15 RESPONSE to #4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Diana Galeano. (Attachments: #1 Exhibit amended complaint)(Aguirre, Jose) |
| Filing 14 NOTICE of Mediator Selection. Selected/Added Anthony W Rosa, Dominic Brandy as Mediator. (Alexander, Scott) |
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Filing 13
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning March 15, 2021, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Chief Judge K. Michael Moore on 6/12/2020. (tsr)
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Filing 12
PAPERLESS ORDER SCHEDULING TRIAL IN FORT LAUDERDALE. This case is now set for trial commencing the two week trial period of March 15, 2021, at 9 a.m. in the United States District Courthouse, 299 East Broward Boulevard, Fort Lauderdale, Florida. The assigned courtroom will be announced at the calendar call. All parties are directed to report to the calendar call on March 11, 2021, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for March 2, 2021, at 11 a.m. The calendar call and the final pretrial conference will take place in Courtroom 13-1 (thirteenth floor), United States District Courthouse, 400 North Miami Avenue, Miami, Florida. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A NOTICE OF UNAVAILABILITY BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 6/12/2020. (tsr)
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| Filing 11 Joint SCHEDULING REPORT - Rule 16.1 by Anthony W Rosa (Alexander, Scott) |
| Reset Answer Due Deadline: Paul Hormann response due 6/23/2020; Alexander St. Preux response due 6/23/2020. (ls)(per DE #9) |
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Filing 10
GENERAL ORDER ON DISCOVERY OBJECTIONS AND PROCEDURES signed by Magistrate Judge Lurana S. Snow on 6/10/2020. (jz)
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants Hormann and St. Preux Motion for Extension of Time to File a Response to Plaintiff's Complaint. #8 . Therein, Defendants Paul Hormann and Officer Alexander St. Preux request that the Court extend the deadline to file an answer or otherwise respond to Plaintiff's Amended Complaint #1 by fourteen (14) days. Id. UPON CONSIDERATION of the Motion #8 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion for Extension of Time to File a Response to Plaintiff's Complaint #8 is GRANTED. Defendants Paul Hormann and Officer Alexander St. Preux shall file an answer or otherwise respond to Plaintiff's Amended Complaint #1 on or before June 23, 2020. Signed by Chief Judge K. Michael Moore on 6/10/2020. (tsr)
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| Filing 8 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Paul Hormann, Alexander St. Preux. (Attachments: #1 Text of Proposed Order)(Marrero, Oscar) |
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Filing 7
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LURANA S. SNOW. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lurana S. Snow to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lurana S. Snow's discovery procedures, which the parties shall be advised of by the entry of an Order. Signed by Chief Judge K. Michael Moore on 6/9/2020. (tsr)
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Filing 6
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one-inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 6/9/2020. (tsr)
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| Filing 5 NOTICE by Paul Hormann, Alexander St. Preux of Consent to Removal (Marrero, Oscar) |
| Filing 4 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Anthony W Rosa. Responses due by 6/22/2020 (Attachments: #1 Exhibit Use of Force Policy)(Alexander, Scott) |
| Filing 3 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) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lurana S. Snow 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) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint) Filing fee $ 400.00 receipt number AFLSDC-12997121, filed by Alexander St. Preux, Paul Hormann, Anthony W Rosa. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Alexander, Scott) No Answer/Motion to Dismiss filed. Modified on 6/8/2020 (pcs). |
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