Lavina et al v. Florida Prepaid College Board et al
| Erica Lavina and Andrea Darlow |
| Florida Prepaid College Board, John Rood, Adria D Starkey, Mark Agustin, Slater Bayliss, Kathryn Hebda, Radford Lovett, Troy Miller, Kevin Thompson, Adria D. Starkey and Kathy Hebda |
| 0:2024cv60001 |
| January 2, 2024 |
| U.S. District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| Donald M Middlebrooks |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 18, 2025. A more recent docket listing may be available from PACER.
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Filing 21
PAPERLESS ORDER expediting response to #19 Defendants' Motion for Stay. The Defendants move for a stay this litigation, citing that they intend to raise an Eleventh Amendment Immunity defense in a forthcoming Motion to Dismiss and that having the Parties engage in discovery in light of a potentially meritorious immunity defense defeats the purpose of the Eleventh Amendment. The Defendants request expedited review of this matter by March 10, as the deadline to respond to the Plaintiffs' Interrogatories is March 11, 2024. The Certificate of Conferral reflects that Plaintiffs oppose the request for a stay. Given the posture of this matter, I find that expedited briefing on Defendants' Motion is required. Accordingly, Plaintiffs shall respond to the Motion to Stay on or by March 5, 2024. Signed by Judge Donald M. Middlebrooks on 3/5/2024. (kid)
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Filing 20
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: A Scheduling Conference is set in this matter on March 15, 2024, 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. Any motions to modify the existing trial date should be filed two business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 16096518849 and Passcode: 752819. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any motion to continue the Scheduling Conference must include at least three alternative dates on which all counsel and any pro se parties are available for a rescheduled Conference. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 2/27/2024. (mdl)
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| Filing 19 EXPEDITED MOTION for Stay by Mark Agustin, Slater Bayliss, Kathy Hebda, Radford Lovett, Troy Miller, John Rood, Adria D. Starkey, Kevin Thompson. Attorney Jason Alec Zimmerman added to party Mark Agustin(pty:dft), Attorney Jason Alec Zimmerman added to party Slater Bayliss(pty:dft), Attorney Jason Alec Zimmerman added to party Kathy Hebda(pty:dft), Attorney Jason Alec Zimmerman added to party Radford Lovett(pty:dft), Attorney Jason Alec Zimmerman added to party Troy Miller(pty:dft), Attorney Jason Alec Zimmerman added to party John Rood(pty:dft), Attorney Jason Alec Zimmerman added to party Adria D. Starkey(pty:dft), Attorney Jason Alec Zimmerman added to party Kevin Thompson(pty:dft). (Zimmerman, Jason) |
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Filing 18
ORDER REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for a Scheduling Conference, and Setting Trial Date. ( Calendar Call set for 9/4/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 9/9/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 2/20/2024. See attached document for full details. (ls)
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| Filing 17 SCHEDULING REPORT - Rule 26(f) by Andrea Darlow, Erica Lavina (Schultz, Alec) |
| Filing 16 NOTICE of Attorney Appearance by George Ty Levesque on behalf of Mark Agustin, Slater Bayliss, Florida Prepaid College Board, Kathryn Hebda, Radford Lovett, Troy Miller, John Rood, Adria D Starkey, Kevin Thompson. Attorney George Ty Levesque added to party Mark Agustin(pty:dft), Attorney George Ty Levesque added to party Slater Bayliss(pty:dft), Attorney George Ty Levesque added to party Florida Prepaid College Board(pty:dft), Attorney George Ty Levesque added to party Kathryn Hebda(pty:dft), Attorney George Ty Levesque added to party Radford Lovett(pty:dft), Attorney George Ty Levesque added to party Troy Miller(pty:dft), Attorney George Ty Levesque added to party John Rood(pty:dft), Attorney George Ty Levesque added to party Adria D Starkey(pty:dft), Attorney George Ty Levesque added to party Kevin Thompson(pty:dft). (Levesque, George) |
| Filing 15 AMENDED COMPLAINT against All Defendants, filed by Andrea Darlow, Erica Lavina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N)(Zebersky, Edward) |
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Filing 14
PAPERLESS ORDER granting #12 Defendant Florida Prepaid's Unopposed Motion for Extension of Time. Florida Prepaid seeks an extension of time to respond to Plaintiff's Complaint, from January 26, 2024, to March 11, 2024. In support, Defendant cites that there are substantial constitutional issues raised in the Complaint that need to be investigated and that every other Defendant executed a waiver of service in this matter, so granting the extension would align the Defendants' response deadlines. Motions for extensions of time must set forth good cause supported by specific facts. I do not find the perceived complexity of the issues raised in the Complaint to constitute good cause. However, in the interest of aligning the Defendants' response deadlines, and because the Motion is unopposed, I will grant the requested relief. Defendant Florida Prepaid shall respond to the Complaint on or by March 11, 2024. Signed by Judge Donald M. Middlebrooks on 1/25/2024. (kid)
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| Filing 13 NOTICE of Filing Proposed Order by Florida Prepaid College Board re #12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, (Attachments: #1 Text of Proposed Order [Proposed] Order Granting Defendant The Florida Prepaid College Board's Unopposed Motion for Extension of Time to Respond to Complaint) (Zimmerman, Jason) |
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint,,, by Florida Prepaid College Board. Attorney Jason Alec Zimmerman added to party Florida Prepaid College Board(pty:dft). (Zimmerman, Jason) |
| Filing 11 WAIVER OF SERVICE Returned Executed by Andrea Darlow, Erica Lavina. Troy Miller waiver sent on 1/9/2024, response/answer due 3/11/2024. (Zebersky, Edward) |
| Filing 10 WAIVER OF SERVICE Returned Executed by Andrea Darlow, Erica Lavina. Slater Bayliss waiver sent on 1/9/2024, response/answer due 3/11/2024. (Zebersky, Edward) |
| Filing 9 WAIVER OF SERVICE Returned Executed by Andrea Darlow, Erica Lavina. Radford Lovett waiver sent on 1/9/2024, response/answer due 3/11/2024. (Zebersky, Edward) |
| Filing 8 WAIVER OF SERVICE Returned Executed by Andrea Darlow, Erica Lavina. Mark Agustin waiver sent on 1/9/2024, response/answer due 3/11/2024. (Zebersky, Edward) |
| Filing 7 WAIVER OF SERVICE Returned Executed by Andrea Darlow, Erica Lavina. Kevin Thompson waiver sent on 1/9/2024, response/answer due 3/11/2024. (Zebersky, Edward) |
| Filing 6 WAIVER OF SERVICE Returned Executed by Andrea Darlow, Erica Lavina. Kathryn Hebda waiver sent on 1/9/2024, response/answer due 3/11/2024. (Zebersky, Edward) |
| Filing 5 WAIVER OF SERVICE Returned Executed by Andrea Darlow, Erica Lavina. John Rood waiver sent on 1/9/2024, response/answer due 3/11/2024. (Zebersky, Edward) |
| Filing 4 WAIVER OF SERVICE Returned Executed by Andrea Darlow, Erica Lavina. Adria D Starkey waiver sent on 1/9/2024, response/answer due 3/11/2024. (Zebersky, Edward) |
| Filing 3 Summons Issued as to Mark Agustin, Slater Bayliss, Florida Prepaid College Board, Kathryn Hebda, Radford Lovett, Troy Miller, John Rood, Adria D Starkey, and Kevin Thompson. (wce) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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. (wce) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 405.00 receipt number BFLSDC-17180696, filed by Andrea Darlow, Erica Lavina. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Exhibit L, #13 Exhibit M, #14 Exhibit N, #15 Civil Cover Sheet, #16 Summon(s) The Florida Prepaid College Board, #17 Summon(s) John D. Rood, #18 Summon(s) Adria D. Starkey, #19 Summon(s) Mark Agustin, #20 Summon(s) Slater Bayliss, #21 Summon(s) Kathryn Hebda, #22 Summon(s) Radford Lovett, #23 Summon(s) Troy Miller, #24 Summon(s) Kevin Thompson)(Zebersky, Edward) |
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