JOHNSON v. BSO et al
| ASHLEY JOHNSON |
| BSO, SGT RAFAEL HERNANDEZ and OFFIC ER STEVEN DAVIS |
| 0:2023cv60150 |
| January 26, 2023 |
| US District Court for the Southern District of Florida |
| Darrin P Gayles |
| Jared M Strauss |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Plaintiff |
Docket Report
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Filing 19
DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jared M. Strauss on 3/22/2023. See attached document for full details. (emd)
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Filing 18
SCHEDULING ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE. SCHEDULING ORDER: ( Jury Trial set for 5/20/2024 before Judge Darrin P. Gayles., Calendar Call set for 5/15/2024 09:30 AM before Judge Darrin P. Gayles., Status Conference set for 3/6/2024 10:00 AM before Judge Darrin P. Gayles.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 2/6/2024.), ORDER REFERRING CASE to Magistrate Judge Jared M. Strauss for Discovery Matters. Signed by Judge Darrin P. Gayles on 3/20/2023. See attached document for full details. (amb) #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.
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| Filing 17 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by ASHLEY JOHNSON.(Robinson, William) |
| Filing 16 Joint Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by ASHLEY JOHNSON (Robinson, William) |
| Filing 15 Joint SCHEDULING REPORT - Rule 16.1 by ASHLEY JOHNSON (Robinson, William) |
| Set/Reset Deadlines/Hearings per DE 14 Order. Amended Complaint due by 3/22/2023. (amb) |
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Filing 14
PAPERLESS ORDER granting Plaintiff's #13 Motion for Leave to Amend. Plaintiff shall file her amended complaint on or before March 22, 2023. Accordingly, #10 Defendants', Steven Davis, Rafael Hernandez and Broward Sheriff's Office, Motion to Dismiss Plaintiff's Amended Complaint is denied as moot. Signed by Judge Darrin P. Gayles on 3/13/2023. (mja)
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| Filing 13 MOTION for Leave to File AMENDED COMPLAINT by ASHLEY JOHNSON. (Robinson, William) |
| Filing 12 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by BSO, STEVEN DAVIS, RAFAEL HERNANDEZ (Alvarez, Tamatha) |
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Filing 11
PAPERLESS ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before March 20, 2023, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 3/6/2023. (mja)
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| Filing 10 MOTION TO DISMISS #5 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by BSO, STEVEN DAVIS, RAFAEL HERNANDEZ. Responses due by 3/20/2023 (Alvarez, Tamatha) |
| Filing 9 NOTICE of Attorney Appearance by Tamatha Suzanne Alvarez on behalf of BSO, STEVEN DAVIS, RAFAEL HERNANDEZ. Attorney Tamatha Suzanne Alvarez added to party BSO(pty:dft), Attorney Tamatha Suzanne Alvarez added to party STEVEN DAVIS(pty:dft), Attorney Tamatha Suzanne Alvarez added to party RAFAEL HERNANDEZ(pty:dft). (Alvarez, Tamatha) |
| Filing 8 WAIVER OF SERVICE Returned Executed by ASHLEY JOHNSON. All Defendants. (Robinson, William) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #5 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by ASHLEY JOHNSON. All Defendants. (Robinson, William) |
| Filing 6 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 1/29/2023. (mja) |
| Filing 5 AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by ASHLEY JOHNSON.(Robinson, William) |
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Filing 4
PAPERLESS ORDER dismissing case without prejudice. Plaintiff's #1 Complaint is a shotgun pleading. Weiland v. Palm Beach Cnty. Sheriffs Off., 792 F.3d 1313, 1320-21 (11th Cir. 2015). Count II of Plaintiff's Complaint improperly incorporates by reference all prior paragraphs, including paragraphs 25 through 37 of Count I. This is a technical, yet significant, error which requires dismissal. Shotgun complaints make it "virtually impossible to know which allegations of fact are intended to support which claim(s) for relief." Anderson v. Dist. Bd. of Trs. of Cent. Fla. Cmty. Coll. , 77 F.3d 364, 366 (11th Cir. 1996). As such, shotgun complaints are routinely condemned by the Eleventh Circuit. Plaintiff may file an Amended Complaint within 20 days of this order. Signed by Judge Darrin P. Gayles on 1/26/2023. (mja)
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| Filing 3 Summons Issued as to BSO, STEVEN DAVIS, RAFAEL HERNANDEZ. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss 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. (pc) |
| Filing 1 COMPLAINT against STEVEN DAVIS. Filing fees $ 402.00 receipt number AFLSDC-16271064, filed by ASHLEY JOHNSON. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s))(Robinson, William) |
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