Florestal et al v. City of Hollywood et al
| Ricardo Florestal and Bill D. Alcius |
| City of Hollywood and Party City Corporation |
| 0:2023cv61930 |
| October 10, 2023 |
| US District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| Robin L Rosenberg |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question |
| Defendant |
Docket Report
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This docket was last retrieved on December 28, 2023. A more recent docket listing may be available from PACER.
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| Filing 24 PAPERLESS ORDER **TIME CHANGE ONLY**. The Discovery Status Conference set at docket entry 21 is reset for May 1, 2024, at 2:00 p.m. in the Fort Lauderdale Division before US Magistrate Judge Panayotta D Augustin-Birch. Login instructions appear at docket entry #10 . Signed by US Magistrate Judge Panayotta D Augustin-Birch on 12/5/2023. (sk01) |
Filing 23
PAPERLESS ORDER TO SHOW CAUSE. Pursuant to the Court's #8 Order Setting Status Conference, Calendar Call, and Trial Date, the deadline "to designate a mediator and to schedule a time, date, and place for mediation" was December 4, 2023. See DE 8 at 3. To date, no notice appears on file. Accordingly, no later than 5:00 p.m. on Monday, December 11, 2023, the parties shall either (1) submit a notice with the mediator designation and time, date, and place for mediation, or (2) a notice that the parties have agreed to extend this deadline, pursuant to the Court's Order at 8, including that the deadline must be identified and must be prior to the dispositive motions cut. Signed by Judge Robin L. Rosenberg (tfn)
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| Set/Reset Deadlines/Hearings per DE 23 Order. Show Cause Response due by 12/11/2023. (amb) |
| Filing 22 REPLY to Response to Motion re #15 Plaintiff's MOTION to Remand to State Court filed by Bill D. Alcius, Ricardo Florestal. (Attachments: #1 Exhibit Sunbiz Filing for Party City Corporation)(Nwahiri, Tobechuku) |
| Filing 21 PAPERLESS ORDER granting 20 Motion to Continue. The Discovery Status Conference is reset to May 1, 2024, at 9:30 a.m. in the Fort Lauderdale Division before US Magistrate Judge Panayotta D Augustin-Birch. The Joint Discovery Status Report is due by April 24, 2024. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 11/21/2023. (sk01) |
| Filing 20 ORAL MOTION by Defendant City of Hollywood to continue the Discovery Status Conference set for May 7, 2024. (sk01) |
| Filing 19 PAPERLESS Minute Entry for proceeding held before US Magistrate Judge Panayotta D Augustin-Birch: Initial Pretrial Conference held on 11/21/2023. Total time in court: 0 hours : 15 minutes. Attorney Appearances: Tobechuku Tony Nwahiri, Tamatha Suzanne Alvarez. (sk01) |
| Filing 18 RESPONSE in Opposition re #15 Plaintiff's MOTION to Remand to State Court filed by City of Hollywood. Replies due by 11/27/2023. (Alvarez, Tamatha) |
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Filing 17
PAPERLESS ORDER referring to Judge Augustin-Birch for all appropriate disposition #15 Plaintiffs' Motion to Remand. Signed by Judge Robin L. Rosenberg (tfn)
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Filing 16
PAPERLESS ORDER DENYING WITHOUT PREJUDICE #14 Defendant City of Hollywood's Motion for Sanctions, as the Court declines to entertain a motion for sanctions at this juncture. Defendant City of Hollywood may move for sanctions at such time as this case has reached its final conclusion. Signed by Judge Robin L. Rosenberg (tfn)
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| Filing 15 Plaintiff's MOTION to Remand to State Court by Bill D. Alcius, Ricardo Florestal. (Attachments: #1 Exhibit Filed Return of Service for Party City)(Nwahiri, Tobechuku) |
| Filing 14 MOTION for Sanctions by City of Hollywood. (Attachments: #1 Exhibit A - Complaint, #2 Exhibit B - Order on MSJ, #3 Exhibit C - Final Judgment)(Alvarez, Tamatha) |
| Filing 13 PAPERLESS ORDER granting #12 Defendants' Unopposed Motion for Continuance of Pretrial Conference. The Pretrial Conference under Fed. R. Civ. P. 16(a) is reset to November 21, 2023, at 2:30 p.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel must appear by both audio and video. Any motion to continue the Pretrial Conference must include at least three alternative dates on which all counsel are available for a rescheduled Pretrial Conference. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 11/3/2023. (sk01) |
| Filing 12 Unopposed MOTION to Continue Pretrial Conference re 11 Order Setting/Cancelling Hearing,, by City of Hollywood. Responses due by 11/17/2023 (Attachments: #1 Text of Proposed Order)(Alvarez, Tamatha) |
| Filing 11 PAPERLESS ORDER SETTING PRETRIAL CONFERENCE: A Pretrial Conference under Fed. R. Civ. P. 16(a) is set in this matter on November 9, 2023, at 10:00 a.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch, to take place via Zoom Video Teleconference. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel must appear by both audio and video. Any motion to continue the Pretrial Conference must include at least three alternative dates on which all counsel are available for a rescheduled Pretrial Conference. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 11/3/2023. (sk01) |
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Filing 10
ORDER SETTING DISCOVERY STATUS CONFERENCE AND REQUIRING JOINT DISCOVERY STATUS REPORT. A Discovery Status Conference is set for 5/7/2024, at 9:30 AM in the Fort Lauderdale Division before US Magistrate Judge Panayotta D Augustin-Birch, to be held by Zoom Video Teleconference. A Joint Discovery Status Report is due by 4/30/2024. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 11/3/2023. See attached document for full details. (sk01)
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Filing 9
ORDER SETTING DISCOVERY PROCEDURES. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 11/3/2023. See attached document for full details. (sk01)
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Filing 8
ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, PRETRIAL DEADLINES, AND TRIAL DATE, AND ORDER OF REFERENCE TO MEDIATION:(Status Conference set for 8/21/2024 10:00 AM before Judge Robin L. Rosenberg.) (Status Conference set for 8/21/2024 10:00 AM before Judge Robin L. Rosenberg., Fact Discovery due by 6/7/2024., Expert Discovery due by 6/7/2024., Dispositive Motions due by 7/8/2024., Jury Trial set for 10/7/2024 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Calendar Call set for 10/2/2024 10:30 AM before Judge Robin L. Rosenberg.) (Mediation Deadline 8/7/2024.) Signed by Judge Robin L. Rosenberg on 11/2/2023. See attached document for full details. (pc) #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 7 SCHEDULING REPORT - Rule 26(f) by City of Hollywood (Attachments: #1 Text of Proposed Order Joint Scheduling Order)(Alvarez, Tamatha) |
| Filing 6 STATUS REPORT Removal by City of Hollywood (Alvarez, Tamatha) |
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Filing 5
ORDER REFERRING CASE to Magistrate Judge Magistrate Judge Panayotta D. Augustin-Birch for Discovery Matters and a Rule 16 conference, and Order of Court-Mandated Requirements on Service, Defaults, and Joint Scheduling Reports. Signed by Judge Robin L. Rosenberg on 10/17/2023. See attached document for full details. (ls)
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| Filing 4 Notice of Court Practice in Removal Cases. Signed by Judge Robin L. Rosenberg on 10/17/2023. See attached document for full details. (ls) |
| Filing 3 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by City of Hollywood. (Alvarez, Tamatha) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and US Magistrate Judge Panayotta D Augustin-Birch. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (nan) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Alcius & Florestal v. City of Hollywood & Party City Corporation) Filing fee $ 402.00 receipt number AFLSDC-16982349, filed by City of Hollywood. (Attachments: #1 Exhibit- Summons and State Court Complaint, #2 Exhibit Certified Pleadings State Court, #3 Civil Cover Sheet. No Answer/Motion to Dismiss filed.)(Alvarez, Tamatha) Modified Attachment Descriptions on 10/11/2023 (nan). |
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