Rene v. Evans et al
| Nicolas Rene, Jr |
| Judge Kal Evans, Charles L. Simon, North Lauderdale 408 doing business as Arium Lauderdale, Brenda D. Forman, Tabitha Blackmon Eves and County Of Broward |
| 0:2023cv61061 |
| June 5, 2023 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 2, 2023. A more recent docket listing may be available from PACER.
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| Filing 48 Defendant Charles L. Simon's Initial Disclosures by Charles L. Simon. (pc) |
| Filing 47 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Kal Evans, Tabitha Blackmon Eves (Sutter, Christopher) |
| Filing 46 Certificate of Other Affiliates/Corporate Disclosure Statement by Brenda D. Forman (Calloway, Sidney) |
| Filing 45 Joint MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Brenda D. Forman. Responses due by 7/31/2023 (Attachments: #1 Exhibit)(Calloway, Sidney) |
| Filing 44 Joint NOTICE by Brenda D. Forman Election to Jurisdiction by a US Magistrate Judge for Final Disposition of Motions (Calloway, Sidney) |
| Filing 43 Joint NOTICE by Brenda D. Forman re #42 SCHEDULING REPORT - Rule 26(f)/16.1 (Attachments: #1 Text of Proposed Order) (Calloway, Sidney) |
| Filing 42 Joint SCHEDULING REPORT - Rule 26(f) by Brenda D. Forman (Calloway, Sidney) |
| Filing 41 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by County Of Broward (Katzman, Adam) |
| Filing 40 Corporate Disclosure Statement by North Lauderdale 408 (Paveglio, Steven) |
| Filing 39 NOTICE of Attorney Appearance by Steven Denis Paveglio, Jr on behalf of North Lauderdale 408. Attorney Steven Denis Paveglio, Jr added to party North Lauderdale 408 (pty:dft). (Paveglio, Steven) |
| Filing 38 Defendant's MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Fails to allege an appropriate justiciable controversy; Plaintiff is not entitled to injunctive relief; Eleventh Amendment Immunity; Judicial Immunity; Younger Abstention Doctrine; and Qualified Immunity by Kal Evans, Tabitha Blackmon Eves. Responses due by 7/21/2023 (Sutter, Christopher) |
Filing 37
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Rodney Smith on 7/7/2023. See attached document for full details. (drz)
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Filing 36
PAPERLESS ORDER granting #35 State Defendants' Expedited Motion for Clarification. Defendants Judge Kal Evan and Judge Tabitha Eves may refile their Motion to Dismiss by July 12, 2023. Signed by Judge Rodney Smith on 7/7/2023. (cbn)
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| Filing 35 Defendant's EXPEDITED MOTION For Clarification re 18 Order on Expedited Motion, by Kal Evans, Tabitha Blackmon Eves. (Attachments: #1 Text of Proposed Order Proposed Order on Motion for Clarification)(Sutter, Christopher) |
| Filing 34 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Nicolas Rene, Jr. County Of Broward served on 6/20/2023, response/answer due 7/11/2023. (pc) |
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Filing 33
PAPERLESS ORDER striking #31 Motion to Dismiss; striking #31 Motion for More Definite Statement; striking #31 Motion to Strike #31 MOTION to Dismiss #8 Amended Complaint/Amended Notice of Removal MOTION for More Definite Statement MOTION to Strike MOTION for Judgment on the Pleadings ; striking #31 Motion for Judgment on the Pleadings. Pursuant to the Court's Order Requiring Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements, "multiple Plaintiffs or Defendants shall file joint dispositive motions, including motions to dismiss and motions for summary judgment, with co-parties unless there are clear conflicts of positions or grounds for relief." Defendants have not shown that there are conflicts of positions or grounds for relief. Defendants shall file a single joint motion to dismiss by July 21, 2023. Signed by Judge Rodney Smith on 7/5/2023. (cbn)
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Filing 30
PAPERLESS ORDER STRIKING #19 Motion to Dismiss for Failure to State a Claim, filed by Kal Evans, Tabitha Blackmon Eves, #15 Motion to Dismiss for Failure to State a Claim,, Motion for More Definite Statement,, Motion to Strike,, Motion for Judgment, filed by Charles L. Simon, #27 Motion to Dismiss for Failure to State a Claim, filed by North Lauderdale 408, #23 Motion to Dismiss for Failure to State a Claim, filed by Brenda D. Forman. Motions terminated: #19 Defendant's MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM ; Fail to Allege an Appropriate Justiciable Controversy; Eleventh Amendment Immunity; Judicial Immunity; and Qualified Immunity filed by Kal Evans, Tabitha Blackmon Eves, #23 Defendant's MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Brenda D. Forman, #15 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM MOTION for More Definite Statement MOTION to Strike #1 Complaint 42 USC 1983 or Bivens MOTION for Judgment filed by Charles L. Simon, #27 MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by North Lauderdale 408. Pursuant to the Court's Order Requiring Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements, "multiple Plaintiffs or Defendants shall file joint dispositive motions, including motions to dismiss and motions for summary judgment, with co-parties unless there are clear conflicts of positions or grounds for relief." Defendants have not shown that there are conflicts of positions or grounds for relief. Defendants shall file a single joint motion to dismiss by July 21, 2023. Signed by Judge Rodney Smith on 7/5/2023. (cbn)
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Filing 29
PAPERLESS ORDER denying #28 Defendants' Expedited Motion to Stay All Discovery and Case Management Requirements Pending Ruling on Motions to Dismiss. Signed by Judge Rodney Smith on 7/5/2023. (cbn)
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| Filing 32 Clerk's Notice of Filing Deficiency Re: #31 MOTION to Dismiss #8 Amended Complaint/Amended Notice of Removal MOTION for More Definite Statement MOTION to Strike MOTION for Judgment on the Pleadings filed by Charles L. Simon. Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (drz) |
| Filing 31 Stricken per Order DE#33- MOTION to Dismiss #8 Amended Complaint/Amended Notice of Removal, MOTION for More Definite Statement ( Responses due by 7/14/2023), MOTION to Strike ( Responses due by 7/14/2023), MOTION for Judgment on the Pleadings ( Responses due by 7/14/2023) by Charles L. Simon. (drz) Modified text on 7/5/2023 (drz). |
| Filing 28 Defendant's EXPEDITED MOTION To Stay All Discovery and Case Management Requirements Pending Ruling on Motions to Dismiss. re #14 Order Requiring Joint Scheduling Report, by Kal Evans, Tabitha Blackmon Eves. (Attachments: #1 Text of Proposed Order Proposed Order on Motion to Stay)(Sutter, Christopher) |
| Filing 27 Stricken per Order DE#30- MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by North Lauderdale 408. Attorney John James Goran added to party North Lauderdale 408 (pty:dft). Responses due by 7/12/2023 (Attachments: #1 Exhibit A)(Goran, John) Modified text on 7/5/2023 (drz). |
| Filing 26 NOTICE of Attorney Appearance by Amy Marie Wessel Jones on behalf of Brenda D. Forman (Jones, Amy) |
| Filing 25 NOTICE of Striking #21 Notice of Attorney Appearance filed by Brenda D. Forman by Brenda D. Forman (Jones, Amy) |
| Filing 24 NOTICE of Attorney Appearance by Sidney Charles Calloway on behalf of Brenda D. Forman (Calloway, Sidney) |
| Filing 23 Stricken per Order DE#30- Defendant's MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Brenda D. Forman. Attorney Sidney Charles Calloway added to party Brenda D. Forman(pty:dft). Responses due by 7/12/2023 (Attachments: #1 Exhibit Exhibit 1)(Calloway, Sidney) Modified text on 7/5/2023 (drz). |
| Filing 22 Clerk's Notice to Filer re #21 Notice of Attorney Appearance. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED WITHIN 3 DAYS - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and LR 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (drz) |
| Filing 21 Stricken per DE #25 -NOTICE of Attorney Appearance by Amy Marie Wessel on behalf of Brenda D. Forman. Attorney Amy Marie Wessel added to party Brenda D. Forman(pty:dft). (Wessel, Amy) Modified text on 6/28/2023 (drz). |
| Filing 20 NOTICE of Attorney Appearance by Adam Katzman on behalf of County Of Broward. Attorney Adam Katzman added to party County Of Broward(pty:dft). (Katzman, Adam) |
| Filing 19 Stricken per Order DE#30- Defendant's MOTION TO DISMISS #8 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM ; Fail to Allege an Appropriate Justiciable Controversy; Eleventh Amendment Immunity; Judicial Immunity; and Qualified Immunity by Kal Evans, Tabitha Blackmon Eves. Responses due by 7/11/2023 (Sutter, Christopher) Modified text on 7/5/2023 (drz). |
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Filing 18
PAPERLESS ORDER granting #17 State Defendants' Expedited Motion for Leave to File Separate Responses. The State Defendants may file a single joint response to Plaintiff's Complaint. In the future, all motions labeled as "expedited" shall comply with the Local Rules or will be stricken. Signed by Judge Rodney Smith on 6/27/2023. (cbn)
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| Filing 17 Defendant's EXPEDITED MOTION For Leave to File Separate Responses re #14 Order Requiring Joint Scheduling Report, by Kal Evans, Tabitha Blackmon Eves. Attorney Christopher Michael Sutter added to party Tabitha Blackmon Eves(pty:dft). (Sutter, Christopher) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #8 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Nicolas Rene, Jr. Tabitha Blackmon Eves served on 6/21/2023, response/answer due 7/12/2023. (pc) |
| Filing 15 Stricken per Order DE#30-DEFENDANT'S MOTION TO DISMISS COMPLAINT, MOTION FOR MORE DEFINITE STATEMENT, MOTION TO STRIKE, AND MOTION FOR JUDGMENT ON PLEADINGS: re #1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM (Responses due by 7/7/2023), MOTION for More Definite Statement (Responses due by 7/7/2023), MOTION to Strike #1 Complaint 42 USC 1983 or Bivens (Responses due by 7/7/2023), by Charles L. Simon. (pc) Modified text on 7/5/2023 (drz). |
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Filing 14
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report due by 7/17/2023. Signed by Judge Rodney Smith on 6/20/2023. See attached document for full details. (ebz)
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Filing 13
PAPERLESS ORDER denying as moot #6 Defendant's Motion to Dismiss Complaint. Plaintiff has filed an amended complaint. Signed by Judge Rodney Smith on 6/14/2023. (cbn)
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| Filing 12 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 Nicolas Rene, Jr. North Lauderdale 408 served on 6/6/2023, response/answer due 6/27/2023. (pc) |
| Filing 11 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 Nicolas Rene, Jr. Charles L. Simon served on 6/7/2023, response/answer due 6/28/2023. (pc) |
| Filing 10 Summons Issued as to County Of Broward, Tabitha Blackmon Eves. (pc) |
| Filing 8 AMENDED COMPLAINT against Kal Evans, Brenda D. Forman, North Lauderdale 408, Charles L. Simon, Tabitha Blackmon Eves, County Of Broward, filed by Nicolas Rene, Jr.(drz) |
| Filing 7 Consent by Pro Se Litigant (Non-Prisoner) Nicolas Rene, Jr to receive Notices of Electronic Filing at email address: RAYJORDAN23@yahoo.com (drz) |
| Filing 6 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Complaint 42 USC 1983 or Bivens ; Failure to State a Claim; Eleventh Amendment Immunity; Judicial Immunity; Younger Abstention Doctrine, and Qualified Immunity by Kal Evans. Attorney Christopher Michael Sutter added to party Kal Evans(pty:dft). Responses due by 6/26/2023 (Sutter, Christopher) |
| Filing 9 Summons Issued as to Kal Evans, Brenda D. Forman, North Lauderdale 408. (pc) (Main Document 9 replaced on 6/14/2023) (pc). |
| Filing 5 Summons Issued as to Charles L. Simon. (pc) |
| Filing 4 Clerk's Notice to Filer re: Summons(es) will not be issued.Pro Se party's return address is not listed. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (mee) |
| Filing 3 Clerks Notice of Receipt of Filing Fee received on 6/5/2023 in the amount of $ 402.00, receipt number 16913 (mee) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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. (mee) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Kal Evans, North Lauderdale 408, Charles L. Simon. Filing fee $ 402.00 Receipt#: 16913, filed by Nicolas Rene, Jr. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Summon(s))(mee) |
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