Adelman et al v. Boy Scouts of America et al Featured Case
Plaintiff: Howard Adelman and Judith Sclawy-Adelman
Defendant: Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America, Plantation United Methodist Church, Howard K. Crompton and Andrew L. Schmidt
Case Number: 1:2010cv22236
Filed: July 8, 2010
Court: U.S. District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade
Presiding Judge: Alan S. Gold
Nature of Suit: Other Personal Injury
Cause of Action: 28 U.S.C. § 1441
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on January 29, 2012. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 31, 2011 Opinion or Order Filing 318 Final ORDER of Dismissal With Prejudice. Signed by Judge Alan S. Gold on 10/31/11. (mg)
October 31, 2011 Filing 317 STIPULATION of Dismissal With Prejudice by Howard Adelman, Boy Scouts of America, Howard K. Crompton, Plantation United Methodist Church, Andrew L. Schmidt, Judith Sclawy-Adelman, The South Florida Council Inc., Boy Scouts of America (Peltz, Robert)
October 18, 2011 Opinion or Order Filing 316 ORDER Administratively Closing Case; Requiring Joint Stipulation of Dismissal by 10/31/2011; denying as moot 311 Motion for Summary Judgment; denying as moot 312 Motion for Leave to File; Canceling Hearings. Signed by Judge Alan S. Gold on 10/18/2011. (ls)
October 17, 2011 Filing 315 NOTICE of Settlement by Howard Adelman, Judith Sclawy-Adelman (Attachments: # 1 Exhibit 1)(Peltz, Robert)
October 17, 2011 Filing 314 FINAL REPORT of Mediation by Terrence White. Disposition: Settled.(Peltz, Robert)
October 13, 2011 Filing 313 RESPONSE to Motion re 307 MOTION for Leave to File Defendants' Motion to Dismiss Based on Spoliation of Evidence filed by Howard Adelman, Judith Sclawy-Adelman. Replies due by 10/24/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8(a), # 9 Exhibit 8(b), # 10 Exhibit 9, # 11 Exhibit 10)(Peltz, Robert)
October 13, 2011 Filing 312 MOTION for Leave to File BSA and SFC's Second Amended Affirmative Defenses to Plaintiffs' Amended Complaint by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (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)(Franz, Kevin)
October 13, 2011 Filing 311 Defendant's MOTION for Summary Judgment by Plantation United Methodist Church. Responses due by 10/31/2011 (Schevis, Richard)
October 13, 2011 Filing 310 NOTICE by Plantation United Methodist Church Notice of Filing Materials in Support of Defendant's Motion for Summary Judgment (Attachments: # 1 Selected excerpts of the deposition of Judith Sclawy, # 2 Selected excerpts of the deposition of Andrew Schmidt, # 3 Selected excerpts of the deposition of Joshua Crist, # 4 Selected excerpts of the deposition of Timothy Smiley, # 5 Selected excerpts of the deposition of Howard Crompton, # 6 Selected excerpts of the deposition of Dean Kubler, # 7 Selected excerpts of the deposition of Howard Adelman, # 8 Selected excerpts of Plaintiffs Answers to the Defendants First Set of Interrogatories)(Schevis, Richard)
October 7, 2011 Opinion or Order Filing 309 ENDORSED, PAPERLESS ORDER granting 307 Defendants' Motion for Leave to File Defendants' Motion to Dismiss Based On Spoliation of Evidence. The motion to dismsiss is deemed filed as of today and Defendants need not refile the underlying substantive motion. Plaintiffs may submit a response of similar length and Defendants may submit a reply memorandum of no more than 5 pages. The Court will determine whether oral argument will be scheduled after reviewing the memoranda. Signed by Magistrate Judge Jonathan Goodman on 10/7/2011.(JG)
October 7, 2011 Opinion or Order Filing 308 ORDER REFERRING MOTION: 307 MOTION for Leave to File Defendants' Motion to Dismiss Based on Spoliation of Evidence filed by The South Florida Council Inc., Boy Scouts of America, Boy Scouts of America Motions referred to Jonathan Goodman. Signed by Judge Alan S. Gold on 10/7/11. (mg)
October 7, 2011 Filing 307 MOTION for Leave to File Defendants' Motion to Dismiss Based on Spoliation of Evidence by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (Attachments: # 1 Exhibit 1, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H)(Franz, Kevin)
September 28, 2011 Opinion or Order Filing 306 OMNIBUS ORDER granting 305 Joint MOTION for Extension of Time to complete non-expert and expert discovery re 261 Scheduling Order and 292 Order. Non-expert Discovery Due 10/31/2011. Expert Discovery due by 12/31/2011. Dispositive Motions due by 1/16/2012, Responses due by 1/30/2012, Replies due by 2/6/2012. Oral Argument on any dispositive Motions set for 2/24/2012 10:00 AM in Miami Division before Judge Alan S. Gold. Pretrial Conference set for 4/26/2012 04:30 PM in Miami Division before Judge Alan S. Gold. Please see order for additional deadlines. Signed by Judge Alan S. Gold on 9/28/2011. (jh)
September 23, 2011 Filing 305 Joint MOTION for Extension of Time to complete non-expert and expert discovery re 261 Scheduling Order, 292 Order on Motion for Extension of Time by Boy Scouts of America. Responses due by 10/11/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Franz, Kevin)
September 21, 2011 Filing 304 NOTICE by Eric S Kleinman Cancellation of Depositions of RC - Verizon & PWMK - Verizon (Kleinman, Eric)
September 20, 2011 Filing 303 PAPERLESS Order Cancelling Hearing previously set for September 23, 2011 at 3:30 p.m. Signed by Magistrate Judge Jonathan Goodman on 9/20/2011. (eg)
September 20, 2011 Filing 302 NOTICE of Compliance with Court Order by Alltel Communication LLC, Verizon Wireless Personal Communications d/b/a Verizon Wireless re 301 Order on Motion to Quash,,,,,, (Alwine, Robert)
September 17, 2011 Opinion or Order Filing 301 ENDORSED, PAPERLESS ORDER striking 300 Verizon's Motion to Quash because it violates the discovery procedures order entered in this case. If Verizon wishes to pursue the relief requested in its incorrectly filed motion, then it shall refile the motion by no later than 5:00 p.m. on September 20, 2011. Assuming that Verizon refiles the motion, then Defendants Crompton and Schmidt shall file a response, in conformity with the order governing discovery disputes in this case, by September 22, 2011. Absent a specific order permitting a reply (which is highly unlikely), no further briefing may be filed. The Court will hold a hearing on the motion on September 23, 2011 at 3:30 p.m. In the meantime, the parties are urged to continue efforts to resolve their discovery dispute. If those efforts succeed and the issues are completely resolved, then the parties shall timely advise the Court so that it does not unnecessarily waste time preparing for an unnecessary hearing. Given that the motion at issue was filed (albeit in violation of the specific order governing discovery procedures in this case) by a non-litigant third party, the Court advises Verizon of its standard discovery policy: Pursuant to Fed. R. Civ. Pro. 37, the Court is required to award expenses in connection with a discovery motion unless one or more of the limited exceptions apply. The parties litigating this case are already aware of the Court's practice of following the Rules of Civil Procedure and know that the Court has, in fact, entered an expense award mandated by Rule 37. Signed by Magistrate Judge Jonathan Goodman on 9/17/2011.(JG)
September 16, 2011 Filing 300 MOTION to Quash Subpoenas Duces Tecum for Depositions by Verizon Wireless Personal Communications d/b/a Verizon Wireless, Alltel Communication LLC. (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)(Alwine, Robert)
September 15, 2011 Opinion or Order Filing 299 ORDER granting 298 Unstipulated Motion for Substitution of Counsel. Attorney Frederick E. Hasty, III and Drew Martin Levin terminated. Signed by Judge Alan S. Gold on 9/15/11. (mg)
September 13, 2011 Filing 298 UNSTIPULATED Unopposed MOTION for Substitution of Counsel for Defendants, Howard K. Crompton and Andrew L. Schmidt by Howard K. Crompton, Andrew L. Schmidt. Responses due by 9/30/2011 (Attachments: # 1 Text of Proposed Order)(Hasty, Frederick)
September 13, 2011 Filing 297 NOTICE of Attorney Appearance by Eric Scott Kleinman on behalf of Howard K. Crompton, Andrew L. Schmidt (Kleinman, Eric)
September 7, 2011 Opinion or Order Filing 296 ENDORSED, PAPERLESS ORDER VACATING order to show cause 295 . The show cause order was incorrectly entered. That order was premised on the incorrect belief that Defendant Schmidt's lead counsel had not submitted an affidavit required by Court order. As it turned out, however, counsel had, in fact, timely submitted the affidavit. The Court learned this morning (half a day after mistakenly entering the show cause order) that the affidavit had been submitted to the Court's e-file inbox on September 2, 2011. Although the Court was on "duty" on September 2, 2011 and received 50 submissions in its inbox that day,the Court and its staff should have noticed the submission and should not have entered a show cause order. Therefore, under these circumstances, the Court vacates the show cause order it entered yesterday afternoon and admonishes itself and its staff for the mistakenly entered order and any inconvenience it generated. Signed by Magistrate Judge Jonathan Goodman on 9/7/2011.(JG)
September 6, 2011 Opinion or Order Filing 295 ORDER TO SHOW CAUSE Concerning Expense Award. Show Cause Response from Defendant Schmidt's lead counsel due by 9/9/2011. Signed by Magistrate Judge Jonathan Goodman on 9/6/2011. (dkc)
September 2, 2011 Filing 294 TRANSCRIPT of Motion Hearing held on 06-07-11 before Magistrate Judge Jonathan Goodman, 1-50 pages, Court Reporter: Carl Schanzleh, 954-769-5488 / Carl_Schanzleh@flsd.uscourts.gov. (Digital 09:59:05.) Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 9/26/2011. Redacted Transcript Deadline set for 10/6/2011. Release of Transcript Restriction set for 12/5/2011. (cs)
September 1, 2011 Filing 293 Initial Disclosure(s) of Amended Rule 26(a)(1) Disclosures by Howard Adelman, Judith Sclawy-Adelman (Peltz, Robert)
August 31, 2011 Opinion or Order Filing 292 ORDER granting 290 Motion for Extension of Time to Extend Non-Expert Discovery Deadline and Expert Witness Report Deadline. All non-expert discovery shall be completed by 9/30/2011. Signed by Judge Alan S. Gold on 8/31/2011. (jh)
August 30, 2011 Filing 291 NOTICE by Howard Adelman, Judith Sclawy-Adelman of Mediation (Peltz, Robert)
August 26, 2011 Filing 290 Joint MOTION for Extension of Time of non-expert discovery deadline and expert witness report deadline re 261 Scheduling Order, by Howard K. Crompton, Andrew L. Schmidt. Responses due by 9/12/2011 (Attachments: # 1 Text of Proposed Order Exhibit "1")(Hasty, Frederick)
August 25, 2011 Filing 289 NOTICE of Compliance with Court's Order of August 17, 2001 re: Blood Testing by Howard Adelman, Judith Sclawy-Adelman re 284 Order on Motion to Compel (Attachments: # 1 Exhibit 1)(Peltz, Robert)
August 22, 2011 Filing 288 NOTICE of Compliance With Court Order [DE 287] by Andrew L. Schmidt re 287 Order on Motion to Compel (Hasty, Frederick)
August 19, 2011 Opinion or Order Filing 287 ORDER granting in part and denying in part 234 Motion to Compel. Signed by Magistrate Judge Jonathan Goodman on 8/19/2011. (eg)
August 18, 2011 Opinion or Order Filing 286 ORDER granting in part and denying in part 269 Motion for Protective Order. Signed by Magistrate Judge Jonathan Goodman on 8/18/2011. (eg)
August 17, 2011 Opinion or Order Filing 285 ORDER denying 277 Motion for Protective Order. Signed by Magistrate Judge Jonathan Goodman on 8/17/2011. (eg)
August 17, 2011 Opinion or Order Filing 284 ORDER granting 260 Motion to Compel. Signed by Magistrate Judge Jonathan Goodman on 8/17/2011. (eg)
August 17, 2011 Filing 283 RESPONSE to Motion re 277 MOTION for Protective Order as to the Re-Notice of Taking SFC's Corporate Representative's Deposition filed by Howard Adelman, Judith Sclawy-Adelman. Replies due by 8/29/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Peltz, Robert)
August 16, 2011 Filing 282 Clerks Notice to Filer re 280 Motion for Leave to File Excess Pages. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (mg)
August 16, 2011 Opinion or Order Filing 281 PAPERLESS ORDER granting 280 Motion to File Expanded Four Page Response. Signed by Magistrate Judge Jonathan Goodman on 8/16/2011. (eg)
August 16, 2011 Filing 280 Unopposed MOTION to File Expanded Four Page Response re 278 Order on Motion for Protective Order, 277 MOTION for Protective Order as to the Re-Notice of Taking SFC's Corporate Representative's Deposition by Howard Adelman, Judith Sclawy-Adelman. (Peltz, Robert) Modified on 8/17/2011 (mg).
August 15, 2011 Filing 279 RESPONSE to Motion re 260 Defendant's MOTION to Compel Authorization of Release of Michael Sclawy-Adelman's Blood Sample to NMS Labs for an "Amphetamines" Test filed by Howard Adelman, Judith Sclawy-Adelman. Replies due by 8/25/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10)(Peltz, Robert)
August 12, 2011 Opinion or Order Filing 278 ENDORSED, PAPERLESS ORDER taking under advisement 277 Defendant South Florida Council's Motion for Protective Order Concerning Re-Notice of SFC Corporate Rep. Deposition. If Plaintiffs wish to submit a response, then they may do so in a memorandum of no more than 3 pages, filed by August 19, 2011. No reply shall be filed. Signed by Magistrate Judge Jonathan Goodman on 8/12/2011.(JG)
August 12, 2011 Filing 277 MOTION for Protective Order as to the Re-Notice of Taking SFC's Corporate Representative's Deposition by The South Florida Council Inc., Boy Scouts of America. (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)(Franz, Kevin)
August 12, 2011 Filing 276 REPLY to Response to Motion re 269 MOTION for Protective Order as to Deposition of Carter Conrad, Jr. filed by Howard K. Crompton, Andrew L. Schmidt. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Levin, Drew)
August 11, 2011 Filing 275 REPLY to Response to Motion re 234 Plaintiff's MOTION to Compel Production from Defendant Schmidt filed by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Peltz, Robert)
August 11, 2011 Opinion or Order Filing 274 ENDORSED, PAPERLESS ORDER granting 273 Defendants' Motion for Leave to File Reply Concerning their Motion for Protective Order as to Carter Conrad's Deposition. As requested by Defendants, the Reply shall be no longer than three pages and shall be filed by August 11, 2011. It may address ONLY those issues pinpointed in the motion for leave. Signed by Magistrate Judge Jonathan Goodman on 8/10/2011.(JG)
August 10, 2011 Filing 273 MOTION for Leave to File Reply Brief Regarding Plaintiffs' Response to Defendants' Motion for Protective Order as to Deposition of Carter Conrad, Jr. by Howard K. Crompton, Andrew L. Schmidt. (Levin, Drew)
August 10, 2011 Opinion or Order Filing 272 PAPERLESS ORDER re 260 Defendant's MOTION to Compel Authorization of Release of Michael Sclawy-Adelman's Blood Sample to NMS Labs for an "Amphetamines" Test. Plaintiffs shall respond to the motion in a memorandum of law not to exceed (5) pages by 8/16/2011. Signed by Magistrate Judge Jonathan Goodman on 8/10/2011. (eg)
August 10, 2011 Filing 271 RESPONSE to Motion re 269 MOTION for Protective Order as to Deposition of Carter Conrad, Jr. filed by Howard Adelman, Judith Sclawy-Adelman. Replies due by 8/22/2011. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Peltz, Robert)
August 8, 2011 Opinion or Order Filing 270 ORDER taking under advisement 269 Defendants' Motion for Protective Order. Plaintiffs may file a response of no more than three pages. However, before doing so, Plaintiffs' counsel shall confer with defense counsel in an effort to resolve the dispute. The Court understands, from the motion, that counsel spoke and were unable to reach an agreement AT THE DEPOSITION WHERE THE DISPUTE AROSE. However, now that counsel are no longer in the heat of battle during an ongoing deposition and have time to reflect and consider their positions, there is a potential benefit to additional discussions. If the parties are unable to reach an agreement after an actual conversation between counsel, then Plaintiffs may file a response and shall include a certification outlining the steps taken to confer. Neither the certification nor the signature block or certificate of service will count for the page limit calculation. No reply shall be permitted absent leave. Signed by Magistrate Judge Jonathan Goodman on 8/8/2011.(JG)
August 7, 2011 Filing 269 MOTION for Protective Order as to Deposition of Carter Conrad, Jr. by Howard K. Crompton, Andrew L. Schmidt. (Attachments: # 1 Exhibit Notice of Taking Deposition and Subpoena Duces Tecum, # 2 Exhibit Plaintiffs' Expert Disclosure)(Levin, Drew)
August 5, 2011 Opinion or Order Filing 268 ORDER on Motion for Judicial Review of Denial of Touhy Request. Signed by Magistrate Judge Jonathan Goodman on 8/5/11. (mg)
August 3, 2011 Opinion or Order Filing 267 ENDORSED, PAPERLESS ORDER granting 266 Plaintiffs' Motion for Extension of Time. Plaintiffs shall have until August 12, 2011 in which to file their Reply to Defendant Schmidt's Second Response to Plaintiffs' Motion to Compel Production of Emails. Signed by Magistrate Judge Jonathan Goodman on 8/3/2011.(JG)
August 3, 2011 Filing 266 Plaintiff's MOTION for Extension of Time to file Plaintiffs' Reply to Schmidt's Second Response to Plaintiffs' Motion to Compel Emails by Howard Adelman, Judith Sclawy-Adelman. Responses due by 8/22/2011 (Peltz, Robert)
August 2, 2011 Filing 265 Plaintiff's MOTION Motion for Entry of Order on Plaintiff's Motion for Judicial Review of Denial of Touhy Request by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Text of Proposed Order, # 2 Exhibit 2, # 3 Exhibit 3)(Peltz, Robert)
August 2, 2011 Filing 264 NOTICE by Andrew L. Schmidt of Filing Affidavit of Andrew Schmidt (Attachments: # 1 Affidavit of Andrew Schmidt)(Hasty, Frederick)
August 2, 2011 Filing 263 NOTICE by Andrew L. Schmidt re 259 Notice (Other), Notice (Other) of Filing (Attachments: # 1 Deposition of Andrew Schmidt (Part II))(Hasty, Frederick)
August 2, 2011 Filing 262 NOTICE by Andrew L. Schmidt re 259 Notice (Other), Notice (Other) of Filing (Attachments: # 1 Deposition of Andrew Schmidt (Part I))(Hasty, Frederick)
August 2, 2011 Filing 260 Defendant's MOTION to Compel Authorization of Release of Michael Sclawy-Adelman's Blood Sample to NMS Labs for an "Amphetamines" Test by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. Responses due by 8/19/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Franz, Kevin)
August 1, 2011 Opinion or Order Filing 261 ORDER Granting Parties Joint Motion to Extend Pre-trial and Trial Deadlines re 229 : Pretrial Conference set for 2/10/2012 02:00 PM before Judge Alan S. Gold. Jury Trial set for 3/12/2012 before Judge Alan S. Gold. Calendar Call set for 3/7/2012 01:30 PM before Judge Alan S. Gold. Discovery due by 8/31/2011. Expert Discovery due by 11/18/2011. Pretrial Stipulation due by 1/13/2012.. Signed by Judge Alan S. Gold on 8/1/11. (mg)
July 29, 2011 Filing 259 NOTICE by Andrew L. Schmidt re 252 Order,,,, of Filing Memorandum of Law and Argument in Opposition to Plaintiffs' Motion to Compel Production of E-mails and Compliance with Magistrate's Order [DE 252] (Attachments: # 1 Exhibit 2, # 2 Exhibit 3)(Hasty, Frederick)
July 26, 2011 Filing 258 TRANSCRIPT of Hearing on Motion to compel Production held on 7/14/2011 before Magistrate Judge Jonathan Goodman, 1-40 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 8/19/2011. Redacted Transcript Deadline set for 8/29/2011. Release of Transcript Restriction set for 10/27/2011. (Attachments: # 1 Designation)(cqs)
July 21, 2011 Filing 257 NOTICE of Compliance with Court's Order Requring Submission by Howard Adelman, Judith Sclawy-Adelman re 255 Order on Motion for Extension of Time (Attachments: # 1 Exhibit 1)(Peltz, Robert)
July 21, 2011 Filing 256 NOTICE by The South Florida Council Inc., Boy Scouts of America re 247 Motion Hearing,, of Joinder with Andrew Schmidt's Opposition to Production of Certain E-Mails and Post-July 14, 2011 Hearing Memorandum in Support Thereof (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Franz, Kevin)
July 20, 2011 Filing 255 Order Requiring Submission. Signed by Judge Alan S. Gold on 7/20/2011. (jcy)
July 19, 2011 Set/Reset Deadlines as to 217 Plaintiff's MOTION to Compel Appearance of U.S. Park Service Employees for Deposition. Responses due by 8/2/2011 as per 254 Order (ra)
July 19, 2011 Opinion or Order Filing 254 ORDER granting 253 United States of America' Motion for Extension of Time to File Response to Plaintiffs' Motion for Judicial Review of Denial of Touhy Requests and to Compel Appearance of National Park Service Employees for Deposition. The United States shall either file a joint motion (requesting entry of an agreed, proposed order) or a response to the pending motion (for judicial review) by no later than August 2, 2011. No further enlargements or extensions shall be provided and no motions seeking additional time shall be filed for whatever reason (including resolution of Defendants' recent letter request to take depositions of National Park Service employees). Signed by Magistrate Judge Jonathan Goodman on 07/19/2011.(JG)
July 19, 2011 Filing 253 MOTION for Extension of Time to File Response/Reply as to 217 Plaintiff's MOTION to Compel Appearance of U.S. Park Service Employees for Deposition by United States of America. (Kessler, Amanda)
July 18, 2011 Opinion or Order Filing 252 ORDER directing parties to brief the issue of fees and costs concerning the Plaintiffs' Motion to Compel Against Defendant Schmidt (DE 234). In their post-hearing, supplemental memoranda, the parties shall discuss the applicability of Fed. R. Civ. Pro. 37(a)(5), which basically requires an award of fees and costs concerning an order granting or denying a motion to compel, with limited exceptions. In particular, Defendant Schmidt should explain why fees and costs should not be awarded if the Court were to grant all or part of the motion to compel and why fees and costs should not be awarded for those documents which were not turned over until after a motion to compel was filed. If Plaintiffs believe that fees and costs should be awarded in their favor, then they shall discuss their position in their memorandum. Likewise, Plaintiffs' memorandum should explain why fees and costs should not be awarded if the Court were to deny all or part of their motion to compel and Defendant Schmidt should discuss his position on fees and costs in his favor if the motion to compel were to be denied in full or in part. Signed by Magistrate Judge Jonathan Goodman on 7/18/2011.(JG)
July 16, 2011 Opinion or Order Filing 251 ORDER granting 250 Defendant Schmidt's Motion for Extension of Time to Submit Post-Hearing Supplemental Memorandum of Law in compliance with Court Order (DE# 247). Absent a genuine emergency, attorneys' vacations are to be respected and this Court therefore grants the motion and enlarges the time in which Defendant Schmidt has to submit his post-hearing supplemental memorandum of law concerning Plaintiffs' Motion to Compel through and including July 29, 2011. Signed by Magistrate Judge Jonathan Goodman on 7/16/2011.(JG)
July 15, 2011 Filing 250 MOTION for Extension of Time to Comply with Court Order DE 247 re 247 Motion Hearing,, by Andrew L. Schmidt. Responses due by 8/1/2011 (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Hasty, Frederick)
July 15, 2011 Opinion or Order Filing 248 ENDORSED, PAPERLESS ORDER following July 14, 2011 hearing on Plaintiffs' Motion to Compel Production from Defendant Schmidt (DE# 234). During the hearing, Defendant Schmidt's counsel, Frederick E. Hasty, III, advised the court that he believed he had email communications with Plaintiffs' counsel after he served his combined objections and privilege log but before Plaintiffs filed their motion to compel. These email communications concerned the efforts of Plaintiffs' counsel, in compliance with his obligation to confer in good faith about discovery disputes before filing a discovery motion, to persuade Mr. Hasty to produce some or all of the 32 emails which ultimately became at issue in the motion to compel. Defendant Schmidt shall file, as a composite exhibit to the memorandum of law he will be filing on or before July 21, 2011, all emails that he and his associates exchanged with Plaintiffs' counsel concerning the pre-filing (of the motion) conference designed to obviate the need for a discovery motion. Signed by Magistrate Judge Jonathan Goodman on 7/15/2011.(JG)
July 14, 2011 Filing 249 Clerk's Notice of Docket Correction Re: DE # 247 Paperless Minutes on Motion Hearing. Docket Text Modified by Clerk. (mso)
July 14, 2011 Filing 247 PAPERLESS MINUTE Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 7/14/2011 Re: DE # 234 Plaintiff's MOTION to Compel Production from Defendant Schmidt filed by Judith Sclawy-Adelman, Howard Adelman. Court allows Defendants to file Memorandum of Law in Support of its objections to Motion by 7/21/11. Plaintiffs' Response due by 7/28/11. Parties present: Robert D. Peltz, Esq., for Plaintiffs. Kevin D. Franz,Esq., Drew Levin, Esq., and Fredrick E. Hasty, III, Esq., for Defendants.(Digital 14:57:53.)(mso) Modified docket text on 7/15/2011 (mso).
July 11, 2011 SYSTEM ENTRY - Docket Entry 246 restricted/sealed until further notice. (nc)
July 7, 2011 Opinion or Order Filing 245 PAPERLESS ORDER denying as moot 238 Motion for Extension of Time in view of the new schedule adopted pursuant to the parties' agreement. See DE# 240. Signed by Magistrate Judge Jonathan Goodman on 7/7/2011. (eg)
July 6, 2011 Filing 244 REPLY to Response to Motion re 234 Plaintiff's MOTION to Compel Production from Defendant Schmidt filed by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Exhibit 1)(Peltz, Robert)
July 6, 2011 Filing 243 RESPONSE to Motion re 234 Plaintiff's MOTION to Compel Production from Defendant Schmidt filed by Andrew L. Schmidt. Replies due by 7/18/2011. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hasty, Frederick)
July 6, 2011 Opinion or Order Filing 242 ORDER granting 241 United States of America's Motion for Extension of Time to File Response to Plaintiffs' Motion for Judicial Review of Denial of Touhy Requests and to Compel Appearance of National Park Service Employees for Deposition (DE# 217). Based on the Government's representation that it has, in fact, reached an agreement with Plaintiff regarding the information requested in the motion, the Court grants the unopposed motion (in order to give the partiess the time they requested to "finalize the details"). In the event that the agreement unwinds or cannot be documented by agreement, then the United States shall file its written response to the motion no later than July 19, 2011. Barring unexpected developments of an emergency nature, this already-extended deadline will not be extended again. Signed by Magistrate Judge Jonathan Goodman on 7/6/2011.(JG)
July 5, 2011 Filing 241 MOTION for Extension of Time to File Response/Reply as to 217 Plaintiff's MOTION to Compel Appearance of U.S. Park Service Employees for Deposition by United States of America. (Kessler, Amanda)
July 1, 2011 Filing 240 PAPERLESS RE-NOTICE of Hearing on Motion DE # 234 Plaintiff's MOTION to Compel Production from Defendant Schmidt : Pursuant to the agreement of all parties, the Motion Hearing is rescheduled for 7/14/2011 at 3:00 PM in Miami Division before Magistrate Judge Jonathan Goodman. Defendant shall file its responses by 7/6/11 by 12:00pm and shall conventionally file any possible documents under-seal for in camera review by 7/6/11. Plaintiff shall file their reply by 7/12/11.(mso)
June 28, 2011 Opinion or Order Filing 239 ENDORSED, PAPERLESS ORDER deferring ruling on 238 Defendants' Motion for Extension of Time to Comply With Court Orders (DE## 235 and 237). The Court is certainly willing to accommodate defense counsel and adjust the deadlines but the Court is not a scheduling coordinator, tasked with juggling counsel's hectic professional and vacation schedules. The proposed July 6, 2011 response deadline and the July 7, 2011 proposed hearing date suggested by defense counsel in his motion are unworkable because they do not leave time for Plaintiffs to file a reply memorandum or for the Court to conduct an in camera review. Therefore, defense counsel shall coordinate with Plaintiffs' counsel and make their best efforts to mutually agree to an adjusted schedule -- including due dates for the response and reply memoranda, the possible under-seal filing for in camera review and a hearing date. Once counsel agree on dates, they shall contact the Court's courtroom deputy, Michael Santorufo, and determine whether the Court's schedule will accommodate the new hearing date. If so, then the dates proposed by counsel will be used and the Court will issue a new hearing notice and a new briefing schedule order. If not, then counsel shall generate other proposed hearing dates until they find one available to the Court. The Court is not intimately involved with the parties' discovery schedule and needs in this case. If, for example, the parties are willing to postpone the hearing until August or September and this does not create a risk of affecting the District Court's trial scheduling order, then the undersigned is certainly willing to postpone the hearng until August. If an earlier date is needed because the parties do not want to compromise other discovery or because of other reasons, strategic, personal or otherwise, then counsel will need to try to adjust their own schedules and generate an alternate proposal. If counsel cannot agree to new, proposed dates, then the Court will set its own schedule. The Court prefers to adopt a schedule which is agreeable to the parties and their counsel and which does not generate undue inconvenience. Signed by Magistrate Judge Jonathan Goodman on 6/28/2011.(JG)
June 28, 2011 Filing 238 MOTION for Extension of Time to Comply With Court Orders [DE 235 and DE 237] re 236 Notice of Hearing on Motion, 237 Order,,,,, 235 Order on Motion to Compel,,,,, by Andrew L. Schmidt. Responses due by 7/15/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hasty, Frederick)
June 25, 2011 Opinion or Order Filing 237 ENDORSED, PAPERLESS, SUPPLEMENTAL ORDER concerning (#234) Plaintiffs' Motion to Compel Production From Defendant Schmidt. This Order supplements the order (DE# 235) providing briefing instructions and scheduling the hearing for July 8, 2011. In addition to the subjects listed in the initial Order (DE# 235), Defendant's Reply shall also cite the authority which supports Defendant's position, asserted repeatedly in his objections and privilege log, that 32 emails, including more than two dozen sent within a week after Michael Adelman's death -- many of which were sent within the first three days of his death and which discussed the circumstances surrounding his death -- are not even discoverable because they are supposedly not relevant or material. Given this additional subject matter, Defendant's Response may be up to 5 pages. If the parties do not completely resolve all discovery issues concerning the 32 emails at issue in the motion by July 6, 2011, then Defendant shall file all 32 emails under seal for in camera review by noon on July 7, 2011. Counsel who represented Defendant Schmidt at his deposition must personally appear at the July 8, 2011 hearing. Signed by Magistrate Judge Jonathan Goodman on 6/25/2011.(JG)
June 24, 2011 Filing 236 PAPERLESS NOTICE OF HEARING on Motion Re: DE # 234 Plaintiff's MOTION to Compel Production from Defendant Schmidt: Motion Hearing set for 7/8/2011 at 10:00 AM in the Miami Division before Magistrate Judge Jonathan Goodman. (mso)
June 24, 2011 Opinion or Order Filing 235 ORDER taking under advisement 234 Plaintiff's Motion to Compel Production for Defendant Schmidt. Defendant Schmidt shall file a response of no more than 5 pages by Friday, July 1. In his response, Defendant Schmidt shall cite caselaw and other suthority supporting his view, asserted in his Objection to and privilege log regarding notice of taking deposition duces tecum, that certain documents would not be produced because of a purported "privilege" for "confidentiality" and "privacy." In addition, he shall also explain why his counsel's comments, on page 184 of the deposition transcript, do not constitute impermissible coaching. If Plaintiffs wish to submit a reply of no more than 3 pages, they must file it by July 6, 2011. The Court will hold a discovery hearing on this motion on Friday, July 8, 2011, at 10:00 a.m. The parties are urged to take additional efforts to resolve their discovery disputes. The Court's practice is to award attorney's fees to the prevailing party on a motion to comple unless the party subject to discovery has provided substantial justification for his no-production position. If the parties resolve some or all of their disputes before the hearing, then they they shall timely advise the Court, to avoid unnecesary preparation by the Court and its support staff. Signed by Magistrate Judge Jonathan Goodman on 6/24/2011.(JG)
June 24, 2011 Filing 234 Plaintiff's MOTION to Compel Production from Defendant Schmidt by Howard Adelman, Judith Sclawy-Adelman. Responses due by 7/11/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E)(Peltz, Robert)
June 20, 2011 Opinion or Order Filing 233 PAPERLESS ORDER granting 232 Motion for Extension of Time to File Response/Reply re 217 Plaintiff's MOTION to Compel Appearance of U.S. Park Service Employees for Deposition. Responses due by 7/5/2011. Signed by Magistrate Judge Jonathan Goodman on 6/20/2011. (eg)
June 20, 2011 Filing 232 Unopposed MOTION for Extension of Time to File Response/Reply as to 217 Plaintiff's MOTION to Compel Appearance of U.S. Park Service Employees for Deposition by United States of America. (Kessler, Amanda)
June 16, 2011 Filing 231 NOTICE of Compliance JOINT by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America re 211 Order, (Franz, Kevin)
June 15, 2011 Opinion or Order Filing 230 ORDER granting 227 Motion for Reconsideration. Signed by Magistrate Judge Jonathan Goodman on 6/15/2011. (eg)
June 15, 2011 Filing 229 Joint MOTION for Extension of Time of Pretrial and Trial Deadlines re 39 Scheduling Order, Order Referring Case to Magistrate Judge, Order Referring Case to Mediation,,,,,, by Howard K. Crompton, Andrew L. Schmidt. Responses due by 7/5/2011 (Hasty, Frederick)
June 14, 2011 Filing 228 RESPONSE in Opposition re 227 Renewed MOTION for Reconsideration re 222 Order on Motion for Reconsideration Rehearing or ModificationRenewed MOTION for Reconsideration re 222 Order on Motion for Reconsideration Rehearing or Modification filed by Howard K. Crompton, Andrew L. Schmidt. (Hasty, Frederick)
June 9, 2011 Filing 227 Renewed MOTION for Reconsideration re 222 Order on Motion for Reconsideration Rehearing or Modification and Accmopanying Memorandum of Law by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Peltz, Robert) Modified Text on 6/9/2011 (ls).
June 8, 2011 Filing 226 NOTICE by Howard Adelman, Judith Sclawy-Adelman of Filing Exhibit from Hearing Conducted on June 7, 2011 (Attachments: # 1 Exhibit 1)(Peltz, Robert)
June 7, 2011 Opinion or Order Filing 225 ORDER denying without prejudice 224 Plaintiffs' Motion for Reconsideration, for failure to comply with Local Rule 7.1(a)(3). The motion does not contain the required certification about the pre-filing efforts to resolve the issues raised in the motion and the Court assumes that no such effort was made. But, regardless of whether the effort was made, the requisite certification was not provided and the Court therefore has no way to know whether Plaintiffs complied with Local Rule's pre-filing conference requirement. Ironically, Plaintiffs themselves previously filed (DE# 185) a successful motion to strike a Reply filed by Defendants because it violated the specific discovery procedures established in this case. If Plaintiffs wish to pursue this discovery issue, then they shall comply with the Local Rule and first seek to resolve the issue by conferring with defense counsel. If those efforts fail in whole or in part, then Plaintiffs may file the motion (with the Rule-required certificate). If Plaintiffs file such a motion, then Defendants may respond but shall do so within five (5) days. There shall be no reply absent a specific court order. Signed by Magistrate Judge Jonathan Goodman on 6/7/2011. (JG)
June 7, 2011 Filing 224 Plaintiff's MOTION for Reconsideration re 222 Order on Motion for Reconsideration or Modification of Order on Motion for Reconsideration by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2)(Peltz, Robert)
June 7, 2011 Filing 223 NOTICE of Change of Address by Ubaldo Juan Perez, Jr (Perez, Ubaldo)
June 7, 2011 Opinion or Order Filing 222 ORDER granting 204 Motion for Reconsideration. Signed by Magistrate Judge Jonathan Goodman on 6/7/2011. (eg)
June 7, 2011 Opinion or Order Filing 221 ORDER on Issues re 217 Plaintiff's MOTION to Compel Appearance of U.S. Park Service Employees for Deposition filed by Judith Sclawy-Adelman, Howard Adelman. Signed by Magistrate Judge Jonathan Goodman on 6/7/2011. (eg)
June 7, 2011 Filing 220 PAPERLESS MINUTE Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 6/7/2011 re: DE # 204 MOTION for Reconsideration re 196 Order filed by Andrew L. Schmidt, Howard K. Crompton. Parties present: Robert D. Peltz for Plaintiffs and Kevin D. Franz, Fredrick E. Hasty, III, and Ubaldo J. Perez, Jr., for Defendants. (Digital 09:59:05 and 11:03:23.)(mso)
June 6, 2011 Filing 219 NOTICE by Howard K. Crompton, Andrew L. Schmidt re 216 Order Setting Hearing on Motion,,,,, of Filing Supplemental Authority (Hasty, Frederick)
June 2, 2011 Opinion or Order Filing 218 ENDORSED, PAPERLESS ORDER taking under advisement and providing instructions concerning 217 Plaintiffs' Motion for Judicial Review. Plaintiffs' motion concerns the United States Department of the Interior, which is not a named party involved in litigating this case. The Court notes that Plaintiffs' certificate of service reflects that a copy of the motion was sent by email to two Department of the Interior attorneys. Because the 20-page motion appears to also contain approximately 200 pages of exhibits, there is a chance that the motion and exhibits will not be delivered to government counsel by email. Therefore, Plaintiffs' counsel shall also serve copies of the motion (with exhibits) upon the two DOI attorneys listed in the certificate of service by overnight mail. If the Department of Interior wishes to respond to the motion, then it shall file its response of no more than 20 pages within 20 days of receiving the motion and its exhibits. Although the motion and exhibits demonstrate that Plaintiffs' counsel and the DOI have had numerous communications about the so-called Touhy regulations and their application to this case, the Court is requiring counsel for Plaintiffs and DOI to again confer in an attempt to avoid significant additional motion practice. Although the motion seeks relief against the DOI, Defendants may also submit a response (either in support of or in opposition to) the motion. Signed by Magistrate Judge Jonathan Goodman on 6/2/2011.(JG)
June 2, 2011 Filing 217 Plaintiff's MOTION to Compel Appearance of U.S. Park Service Employees for Deposition by Howard Adelman, Judith Sclawy-Adelman. Responses due by 6/20/2011 (Attachments: # 1 Exhibit 1a, # 2 Exhibit 1b, # 3 Exhibit 1c, # 4 Exhibit 1d, # 5 Exhibit 1e, # 6 Exhibit 1f, # 7 Exhibit 2, # 8 Exhibit 3, # 9 Exhibit 4, # 10 Exhibit 5, # 11 Exhibit 6, # 12 Exhibit 7, # 13 Exhibit 8, # 14 Exhibit 9, # 15 Exhibit 10, # 16 Exhibit 11, # 17 Exhibit 12, # 18 Exhibit 13, # 19 Exhibit 14)(Peltz, Robert)
May 31, 2011 Opinion or Order Filing 216 ENDORSED ORDER Setting Hearing and granting Defendants' Request for Oral Argument 215 on Defendants' Motion for Reconsideration 204 concerning Discovery Order regarding text messages 196 . The hearing will be on Tuesday, June 7, 2011, at 10:00 a.m. The Court will not issue a separate hearing notice. Although the Court is granting Defendants' request for oral argument, it is highly unlikely that the Court will need the one hour requested by Defendants. The discovery order at issue in the Motion for Reconsideration is a discrete one and the Court is already familiar with the factual and legal issues underlying the dispute. Nevertheless, in an abundance of caution, the Court will reserve the full hour requested but anticipates using far less time. If any party intends to use any case or other legal authority which has not yet been cited in motions or memoranda, then the party must file a notice of supplemental authority by no laer than noon on June 6, 2011. The notice shall be a mere list of the cases and authorities and shall not contain any argument or disguised argument (such as providing a lengthy parenthetical "explanation" of the holding). The notice is only for new authorities. If a party is not going to be referring to any new authority at the hearing, then no notice should be filed. Signed by Magistrate Judge Jonathan Goodman on 5/31/2011.(JG)
May 31, 2011 Set/Reset Deadlines as to 204 MOTION for Reconsideration re 196 Order. Motion Hearing set for 6/7/2011 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman as per 216 Order. (ra)
May 27, 2011 Filing 215 NOTICE by Howard K. Crompton, Andrew L. Schmidt re 204 MOTION for Reconsideration re 196 Order of Request for Oral Argument (Attachments: # 1 Exhibit "A")(Hasty, Frederick)
May 27, 2011 Opinion or Order Filing 214 ORDER granting 213 Unopposed Motion Directing Carter to Complete Download. Signed by Magistrate Judge Jonathan Goodman on 5/27/2011. (dkc)
May 27, 2011 Filing 213 Unopposed MOTION Regarding Download of Crompton's Cell Phone by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Text of Proposed Order)(Peltz, Robert)
May 24, 2011 Filing 212 RESPONSE to Motion re 204 MOTION for Reconsideration re 196 Order filed by Howard Adelman, Judith Sclawy-Adelman. Replies due by 6/3/2011. (Peltz, Robert)
May 20, 2011 Opinion or Order Filing 211 Sua Sponte ORDER; The parties shall file a Joint Notice by 6/17/11, indicating whether the parties consent to jurisdiction before U.S. Magistrate Judge Goodman for purposes of Pretrial Conference and Trial. Signed by Judge Alan S. Gold on 5/20/11. (mg)
May 20, 2011 Opinion or Order Filing 210 ORDER REFERRING MOTION: 204 MOTION for Reconsideration re 196 Order filed by Andrew L. Schmidt, Howard K. Crompton Motions referred to Jonathan Goodman. Signed by Judge Alan S. Gold on 5/20/11. (mg)
May 19, 2011 Opinion or Order Filing 209 ORDER granting 198 Motion to Compel. Signed by Magistrate Judge Jonathan Goodman on 5/19/2011. (eg)
May 18, 2011 Filing 208 Paperless Minute Entry for proceedings held before Magistrate Judge Jonathan Goodman: Motion Hearing held on 5/18/2011 re: DE # 198 Plaintiff's MOTION to Compel Better Responses Request for Production filed by Judith Sclawy-Adelman, Howard Adelman. Attorneys present: Ira H. Leesfield and Robert D. Peltz for Plaintiff; Kevin D. Franz and Drew Levin for defendants. Order to follow.(Digital 09:55:58.) (mso)
May 18, 2011 Filing 207 Clerks Notice to Filer re 204 MOTION for Reconsideration re 196 Order And/Or Appeal of Order Concerning Text Messages On Michael Sclawy-Adelman's Cellular Telephone. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ls)
May 17, 2011 Filing 205 NOTICE by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America re 204 MOTION for Reconsideration re 196 Order And/Or Appeal of Order Concerning Text Messages On Michael Sclawy-Adelman's Cellular Telephone MOTION for Reconsideration re 196 Order And/Or Appeal of Order Concerning Text Messages On Michael Sclawy-Adelman's Cellular Telephone of Joinder (Franz, Kevin)
May 16, 2011 Filing 206 APPEAL OF MAGISTRATE JUDGE ORDER to District Court by Howard K. Crompton, Andrew L. Schmidt re 196 Order (ls)(See Image at DE # 204 )
May 16, 2011 Filing 204 MOTION for Reconsideration re 196 Order by Howard K. Crompton, Andrew L. Schmidt. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hasty, Frederick) Modified to add missing event 206 Appeal of Magistrate Judge Order on 5/18/2011 (ls).
May 12, 2011 Filing 203 NOTICE of Compliance of Court Order by Howard Adelman, Judith Sclawy-Adelman re 202 Order,,,,, (Attachments: # 1 Exhibit 1)(Peltz, Robert)
May 12, 2011 Opinion or Order Filing 202 ORDER requiring Plaintiffs to submit copies of portions of written discovery at issue in their Motion to Compel Better Responses to Request for Production (DE# 198). Specifically, Plaintiffs shall submit a notice of filing, attaching the pages from their Sixth Requet for Production of Documents which contain items 6(f), 22, 24, 26, 28, 33, 35, 37, 41-46. Plaintiffs shall also submit the pages from Defendant's response to these items. The Court does not need any other pages from the written discovery other than those containing the specific items requested and the objections to them. Plaintiffs shall submit the filing by the end of business of Monday, May 16, 2011. For future discovery disputes, the parties shall file copies of the specific discovery at issue so that the Court can understand the dispute. Otherwise, the Court is left only with a mere motion which simply describes, in general, all the categories of requested documents -- and that is not a sound basis for a ruling. If the motion itself quotes or accurately summarizes all the discovery at issue, then a separate filing (or exhibits attached to the motion) is not necessary. The attorneys filing the discovery motions should know whether a filing is required. Signed by Magistrate Judge Jonathan Goodman on 5/12/2011. (JG)
May 10, 2011 Filing 201 RESPONSE in Opposition re 198 Plaintiff's MOTION to Compel Better Responses Request for Production filed by Boy Scouts of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Franz, Kevin)
May 10, 2011 Filing 200 PAPERLESS NOTICE of Hearing on 198 Plaintiff's MOTION to Compel Better Responses Request for Production: Motion Hearing set for 5/18/2011 at 10:00 AM in Miami Division before Magistrate Judge Jonathan Goodman. (eg)
May 9, 2011 Set/Reset Deadlines as to 198 Plaintiff's MOTION to Compel Better Responses Request for Production. Responses due by 5/16/2011 as per 199 Order (ra)
May 9, 2011 Filing 199 *Endorsed Order re 198 Motion to Compel. Defendant Boy Scouts of America shall submit a response of no more than three (3) pages on or before May 16, 2011. Signed by Magistrate Judge Jonathan Goodman on 5/9/2011. (eg) Modified Response Deadline on 5/9/2011 (ra).
May 5, 2011 Filing 198 Plaintiff's MOTION to Compel Better Responses Request for Production by Howard Adelman, Judith Sclawy-Adelman. Responses due by 5/23/2011 (Attachments: # 1 Exhibit CDC Report, # 2 Exhibit Heat Flag System, # 3 Exhibit U.S. Marine System, # 4 Exhibit Pre-hike Email)(Peltz, Robert) Modified on 5/5/2011 (ls).
May 5, 2011 SYSTEM ENTRY - Docket Entry 197 restricted/sealed until further notice. (nc)
May 2, 2011 Opinion or Order Filing 196 DISCOVERY ORDER re 177 MOTION to Compel Production of Michael Sclawy-Adelman's Text Messages. Signed by Magistrate Judge Jonathan Goodman on 5/2/2011. (Attachments: # 1 Exhibit Cover Letter) (eg)
April 20, 2011 Filing 195 NOTICE of Attorney Appearance by Ubaldo Juan Perez, Jr on behalf of Howard K. Crompton (Perez, Ubaldo)
April 20, 2011 Filing 194 NOTICE OF UNAVAILABILITY by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America for dates of June 13, 2011 - June 17, 2011 (Summers, William)
April 15, 2011 Filing 193 NOTICE by Boy Scouts of America of Filing Affidavit of Richard Bourlon (Attachments: # 1 Affidavit of Richard Bourlon)(Franz, Kevin)
April 15, 2011 Filing 192 NOTICE by Howard K. Crompton, Andrew L. Schmidt of Conflict (Hasty, Frederick)
April 11, 2011 Filing 191 TRANSCRIPT of discovery conference held on 1/27/2011 before Magistrate Judge Chris M. McAliley, 1-52 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 5/5/2011. Redacted Transcript Deadline set for 5/16/2011. Release of Transcript Restriction set for 7/14/2011. (Attachments: # 1 Designation)(cqs)
April 11, 2011 Filing 190 Notice of Court Practice re Discovery Procedures for Magistrate Judge Goodman. Entered by Magistrate Judge Jonathan Goodman on 4/11/2011. (eg)
April 7, 2011 Opinion or Order Filing 189 ORDER granting in part and denying in part 177 Defendants' Motion to Compel Production of Text Messages. Carter Conrad, Jr., the individual who analyzed the cell phone, is directed to access, download and print out the the 188 text messages (a/k/a SMS History Items) on Michael Sclawy-Adelman's cellular telephone. Mr. Conrad is further directed to designate all printed pages containing the text messages with an indentification number, sometimes called a Bates number. Mr. Conrad is also directed to then arrange for these pages to be filed with the Clerk of this Court under seal, so that the Court can conduct an in camera review of the text messages. The Court will then issue a ruling as to whether any of the text messages are subject to being turned over to defense counsel as part of discovery, and, if so, which specific pages are eligible for defense review. Mr. Conrad shall submit the printed-out text messages under seal by no later than 5:00 p.m. on April 18, 2011. Signed by Magistrate Judge Jonathan Goodman on 4/7/2011.(JG)
April 7, 2011 Opinion or Order Filing 188 ORDER granting 185 Plaintiffs' Motion to Strike Defendants' Reply (DE# 187) concerning Defendants' Motion to Compel Production of Text Messages (DE# 177). As established in the discovery procedures implemented by the prior magistrate judge assigned to this case, no replies are permitted on discovery motions unless specifically authorized by the Court. The Court did not authorize a reply here. Moreover, the reply is improper in any event because it exceeds the maximum page limit for discovery-related submissions. Therefore, the reply is sticken and will not be considered. Defendants are directed to comply with the Court's orders, including discovery procedures. [Administrative Note: This case was recently transferred to me. My discovery procedures are strikingly similar to those of Magistrate Judge McAliley. In particular, the page limits and "no-reply-unless-specifically-authorized" rules are the same]. Signed by Magistrate Judge Jonathan Goodman on 4/7/2011. (JG)
April 6, 2011 Opinion or Order Filing 187 ORDER REFERRING MOTION: 177 MOTION to Compel Production of Michael Sclawy-Adelman's Text Messages filed by Andrew L. Schmidt, Howard K. Crompton, 185 Plaintiff's MOTION to Strike 183 Reply to Response to Motion, to Compel Production of Michael Sclawy-Adelman's Text Messages filed by Judith Sclawy-Adelman, Howard Adelman Motions referred to Jonathan Goodman. Signed by Judge Alan S. Gold on 4/6/11. (mg)
April 5, 2011 Filing 185 Plaintiff's MOTION to Strike 183 Reply to Response to Motion, to Compel Production of Michael Sclawy-Adelman's Text Messages by Howard Adelman, Judith Sclawy-Adelman. Responses due by 4/22/2011 (Peltz, Robert)
April 5, 2011 Opinion or Order Filing 184 ORDER granting 181 Motion for Extension of Time to Complete Discovery. All non-expert discovery shall be completed no later than 6/15/11. Signed by Judge Alan S. Gold on 4/5/11. (mg)
April 4, 2011 Filing 183 REPLY to Response to Motion re 177 MOTION to Compel Production of Michael Sclawy-Adelman's Text Messages filed by Howard K. Crompton, Andrew L. Schmidt. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D)(Hasty, Frederick)
April 1, 2011 Filing 186 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Orders 2010-145 and 2011-18 to Magistrate Judge Jonathan Goodman. Magistrate Judge Chris M. McAliley no longer assigned to case. (vp)
April 1, 2011 Filing 182 RESPONSE to Motion re 177 MOTION to Compel Production of Michael Sclawy-Adelman's Text Messages filed by Howard Adelman, Judith Sclawy-Adelman. Replies due by 4/11/2011. (Attachments: # 1 Exhibit 1)(Peltz, Robert)
March 31, 2011 Filing 181 Joint MOTION for Extension of Time to Complete Discovery (non-expert) by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order)(Franz, Kevin)
March 29, 2011 Opinion or Order Filing 180 ORDER denying 172 Motion to Compel. Signed by Magistrate Judge Chris M. McAliley on 3/29/2011. (rms)
March 28, 2011 Filing 179 NOTICE OF UNAVAILABILITY by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America for dates of April 29, 2011 - May 9, 2011 (Summers, William)
March 28, 2011 Filing 177 MOTION to Compel Production of Michael Sclawy-Adelman's Text Messages by Howard K. Crompton, Andrew L. Schmidt. Responses due by 4/14/2011 (Attachments: # 1 Exhibit)(Hasty, Frederick)
March 25, 2011 Opinion or Order Filing 178 ORDER Denying as Moot 159 Appeal of Magistrate Judge Order to District Court, filed by Judith Sclawy-Adelman, Howard Adelman; Order Cancelling Oral Argument. Signed by Judge Alan S. Gold on 3/25/2011. (mg)
March 25, 2011 Filing 176 RESPONSE in Opposition re 172 Plaintiff's MOTION to Compel discovery per Court's Order D.E. 118 and/or for Sanctions MOTION for Sanctions filed by Howard K. Crompton. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Affidavit Affidavit of George Crompton, # 4 Exhibit, # 5 Affidavit Affidavit of David Rourke, # 6 Exhibit)(Hasty, Frederick)
March 24, 2011 Filing 175 NOTICE by Howard Adelman, Boy Scouts of America, Judith Sclawy-Adelman re 159 Appeal of Magistrate Judge Order to District Court, Resolution of Scheduled Appeal (Attachments: # 1 Text of Proposed Order)(Peltz, Robert)
March 21, 2011 Filing 174 Clerks Notice to Filer re 172 Plaintiff's MOTION to Compel discovery per Court's Order D.E. 118 and/or for Sanctions MOTION for Sanctions. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected 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. (mg)
March 21, 2011 Filing 173 NOTICE of Attorney Appearance by William Luther Summers on behalf of Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America (Summers, William)
March 21, 2011 Filing 172 Plaintiff's MOTION to Compel discovery per Court's Order D.E. 118 and/or for Sanctions by Howard Adelman, Judith Sclawy-Adelman. Responses due by 4/7/2011 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Peltz, Robert). Added MOTION for Sanctions on 3/22/2011 (mg).
March 18, 2011 Filing 171 First Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Howard K. Crompton, Andrew L. Schmidt.(Hasty, Frederick)
March 18, 2011 Filing 170 TRANSCRIPT of Discovery conference held on 2/11/2011 before Magistrate Judge Chris M. McAliley, 1-90 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 4/11/2011. Redacted Transcript Deadline set for 4/21/2011. Release of Transcript Restriction set for 6/20/2011. (Attachments: # 1 Designation)(cqs)
March 17, 2011 Opinion or Order Filing 169 ORDER granting 167 Motion to Compel. See Order for details. Signed by Magistrate Judge Chris M. McAliley on 3/17/2011. (rms)
March 16, 2011 Opinion or Order Filing 168 OMNI ORDER SETTING ORAL ARGUMENT re 159 Appeal of Magistrate Judge Order to District Court; granting 109 Motion to Amend/Correct re 30 Answer and Affirmative Defenses to Amended Complaint. ( Oral Argument set for 4/1/2011 04:00 PM in Miami Division before Judge Alan S. Gold.); Howard K. Crompton response due 3/18/2011; Andrew L. Schmidt response due 3/18/2011; parties' Joint Binder due by 4:00 PM on 3/25/2011.(See Order for full details.) Signed by Judge Alan S. Gold on 3/16/2011. (wc)
March 11, 2011 Filing 167 Unopposed MOTION to Compel Report from Forensic Laboratory Regarding Apparently Missing Data from GPS Download and to Allow Deposition of Forensic Laboratory by Howard Adelman, Judith Sclawy-Adelman. Responses due by 3/28/2011 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Peltz, Robert)
March 11, 2011 Opinion or Order Filing 166 ORDER denying without prejudice 92 Motion to Compel; denying without prejudice 93 Motion to Compel. Signed by Magistrate Judge Chris M. McAliley on 3/10/2011. (rms)
March 8, 2011 Filing 165 RESPONSE/REPLY to 159 Appeal of Magistrate Judge Order to District Court, by Boy Scouts of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Franz, Kevin)
March 8, 2011 Filing 164 NOTICE by Howard K. Crompton of Filing Objection to and Privilege Log Regarding Notice of Taking Deposition Duces Tecum (Hasty, Frederick)
March 7, 2011 Filing 163 NOTICE of Compliance With Court Order Granting Plaintiffs' Motion to Compel Discovery by Andrew L. Schmidt re 158 Order on Motion to Compel (Hasty, Frederick)
March 7, 2011 Filing 162 NOTICE of Compliance With Court Order Granting Plaintiff's Motion to Compel Discovery by Howard K. Crompton re 157 Order on Motion to Compel (Hasty, Frederick)
March 7, 2011 Filing 161 NOTICE by Andrew L. Schmidt of Filing Objection to and Privilege Log Regarding Notice of Taking Deposition Duces Tecum (Hasty, Frederick)
March 7, 2011 Filing 160 NOTICE by Andrew L. Schmidt of Filing Privilege Log (Hasty, Frederick)
March 3, 2011 Filing 159 APPEAL OF MAGISTRATE JUDGE ORDER to District Court by Howard Adelman, Judith Sclawy-Adelman re 153 Order on Motion for Protective Order,, Order on Motion to Compel, Order on Motion for Miscellaneous Relief (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6)(Peltz, Robert)
March 1, 2011 Opinion or Order Filing 158 ORDER granting in part 142 Motion to Compel. Signed by Magistrate Judge Chris M. McAliley on 3/1/2011. (rms)
March 1, 2011 Opinion or Order Filing 157 ORDER granting in part 141 Motion to Compel. Signed by Magistrate Judge Chris M. McAliley on 3/1/2011. (rms)
February 22, 2011 Filing 156 RESPONSE to Motion re 142 Plaintiff's MOTION to Compel Discovery fro Defendant Andrew Schmidt filed by Andrew L. Schmidt. Replies due by 3/4/2011. (Hasty, Frederick)
February 22, 2011 Filing 155 RESPONSE to Motion re 141 Plaintiff's MOTION to Compel Discovery from Defendant Howard Crompton filed by Howard K. Crompton. Replies due by 3/4/2011. (Hasty, Frederick)
February 22, 2011 Filing 154 NOTICE by Plantation United Methodist Church of Serving Responses to Plaintiff's Second Request for Admissions dated January 26, 2011 (Winsby, Joseph)
February 17, 2011 Opinion or Order Filing 153 ORDER Following February 11, 2011 Discovery Conference. Signed by Magistrate Judge Chris M. McAliley on 2/17/2011. (rms)
February 17, 2011 Filing 152 NOTICE of Compliance with Court's Order Regarding Cell Phone Inspection by Howard Adelman, Judith Sclawy-Adelman re 118 Order on Motion to Preserve Evidence,, (Peltz, Robert)
February 17, 2011 Set/Reset Deadlines as to 141 Plaintiff's MOTION to Compel Discovery from Defendant Howard Crompton, 142 Plaintiff's MOTION to Compel Discovery fro Defendant Andrew Schmidt. Responses due by 2/22/2011 (rms)
February 16, 2011 Filing 151 Clerks Notice to Filer re 148 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#150]. It is not necessary to refile this document. (ls)
February 15, 2011 Filing 150 WITHDRAWAL of Motion by Howard Adelman, Judith Sclawy-Adelman re 137 Plaintiff's MOTION to Compel Discovery from Defendant Plantation United Methodist Church filed by Judith Sclawy-Adelman, Howard Adelman filed by Howard Adelman, Judith Sclawy-Adelman. (ls)(See Image at DE # 148 )
February 15, 2011 Filing 149 NOTICE by Howard K. Crompton, Andrew L. Schmidt of Filing Objection to Plaintiffs' Subpoena Duces Tecum to Verizon Wireless Legal Department (Hasty, Frederick)
February 15, 2011 Filing 148 NOTICE by Howard Adelman, Judith Sclawy-Adelman re 137 Plaintiff's MOTION to Compel Discovery from Defendant Plantation United Methodist Church (Peltz, Robert)
February 14, 2011 Opinion or Order Filing 146 ORDER granting 143 Motion for Extension of Time to Comply. Signed by Magistrate Judge Chris M. McAliley on 2/14/2011. (rms)
February 14, 2011 Filing 145 NOTICE by Howard Adelman, Judith Sclawy-Adelman re 143 Plaintiff's MOTION for Extension of Time to File Comply with Court's Order Following Discovery Conference [D.E. 118] (Attachments: # 1 Text of Proposed Order)(Peltz, Robert)
February 11, 2011 Filing 147 Minute Entry for proceedings held before Magistrate Judge Chris M. Mcaliely Motion Hearing held on 2/11/2011 re 129 Plaintiff's MOTION to Compel Discovery from the Boy Scouts of America and South Florida Council, Inc. filed by Judith Sclawy-Adelman, Howard Adelman, 121 Defendant's MOTION for Protective Order for Notices of Deposition Duces Tecum for John Anthony, Joshua Christ, Joe Knight and Jeff Hunt filed by The South Florida Council Inc., Boy Scouts of America, 120 Defendant's MOTION for Protective Order for (1) the Amended Notice of Video-Taped Deposition Duces Tecum of Defendant Boy Scouts of America and (2) the Amended Notice of Taking Video-Taped Deposition Duces Tecum of Defendant South Florida CounciDefendant's MOTION for Protective Order for (1) the Amended Notice of Video-Taped Deposition Duces Tecum of Defendant Boy Scouts of America and (2) the Amended Notice of Taking Video-Taped Deposition Duces Tecum of Defendant South Florida CounciDefendant's MOTION for Protective Order for (1) the Amended Notice of Video-Taped Deposition Duces Tecum of Defendant Boy Scouts of America and (2) the Amended Notice of Taking Video-Taped Deposition Duces Tecum of Defendant South Florida Counci filed by The South Florida Council Inc., Boy Scouts of America, Boy Scouts of America, 133 Plaintiff's MOTION TO SHORTEN TIME IN WHICH DEFENDANTS MUST RESPOND TO RECENT WRITTEN filed by Judith Sclawy-Adelman, Howard Adelman. (Digital 15:03:30.) (Tape #11H-12-839 & 13-1.) (nf) Modified on 2/15/2011 to relfect the correct Magistrate Judge (nf).
February 11, 2011 Filing 144 Minute Entry for proceedings held before Magistrate Judge Chris M. McAliley: Discovery Hearing held on 2/11/2011. (Digital 15:30:03.) (Tape #11H-12-839 & 13-1.) (nf)
February 11, 2011 Filing 143 Plaintiff's MOTION for Extension of Time to File Comply with Court's Order Following Discovery Conference [D.E. 118] by Howard Adelman, Judith Sclawy-Adelman. (Peltz, Robert)
February 9, 2011 Filing 142 Plaintiff's MOTION to Compel Discovery fro Defendant Andrew Schmidt by Howard Adelman, Judith Sclawy-Adelman. Responses due by 2/28/2011 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Peltz, Robert)
February 9, 2011 Filing 141 Plaintiff's MOTION to Compel Discovery from Defendant Howard Crompton by Howard Adelman, Judith Sclawy-Adelman. Responses due by 2/28/2011 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7)(Peltz, Robert)
February 9, 2011 Filing 140 Clerks Notice of Docket Correction re 139 Notice of Compliance. ERROR: Duplicate Docket Entry; Correction: Original Entry Corrected at DE # 136 . (ls)
February 9, 2011 Filing 139 ERROR: Duplicate Docket Entry (See Original Entry at DE # 136 ) Modified on 2/9/2011 (ls).
February 9, 2011 Filing 138 Clerks Notice to Filer re 136 Notice of Compliance,. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls)
February 9, 2011 Filing 137 Plaintiff's MOTION to Compel Discovery from Defendant Plantation United Methodist Church by Howard Adelman, Judith Sclawy-Adelman. Responses due by 2/28/2011 (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4)(Peltz, Robert)
February 9, 2011 Filing 136 NOTICE of Compliance re 115 Order on Motion to Continue Hearing by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America (Attachments: # 1 Exhibit A)(Franz, Kevin) Modified Link on 2/9/2011 (ls).
February 8, 2011 Filing 135 RESPONSE in Opposition re 129 Plaintiff's MOTION to Compel Discovery from the Boy Scouts of America and South Florida Council, Inc. filed by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (Franz, Kevin)
February 8, 2011 Filing 134 NOTICE by Howard K. Crompton, Andrew L. Schmidt of Designation of Expert to Conduct Cellular Telephone Inspections (Hasty, Frederick)
February 8, 2011 Filing 133 Plaintiff's MOTION TO SHORTEN TIME IN WHICH DEFENDANTS MUST RESPOND TO RECENT WRITTEN by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Exhibit 1)(Peltz, Robert)
February 8, 2011 Filing 132 RESPONSE to Motion re 120 Defendant's MOTION for Protective Order for (1) the Amended Notice of Video-Taped Deposition Duces Tecum of Defendant Boy Scouts of America and (2) the Amended Notice of Taking Video-Taped Deposition Duces Tecum of Defendant South Florida CounciDefendant's MOTION for Protective Order for (1) the Amended Notice of Video-Taped Deposition Duces Tecum of Defendant Boy Scouts of America and (2) the Amended Notice of Taking Video-Taped Deposition Duces Tecum of Defendant South Florida CounciDefendant's MOTION for Protective Order for (1) the Amended Notice of Video-Taped Deposition Duces Tecum of Defendant Boy Scouts of America and (2) the Amended Notice of Taking Video-Taped Deposition Duces Tecum of Defendant South Florida Counci filed by Howard Adelman, Judith Sclawy-Adelman. Replies due by 2/18/2011. (Peltz, Robert)
February 8, 2011 Filing 131 RESPONSE to Motion re 121 Defendant's MOTION for Protective Order for Notices of Deposition Duces Tecum for John Anthony, Joshua Christ, Joe Knight and Jeff Hunt filed by Howard Adelman, Judith Sclawy-Adelman. Replies due by 2/18/2011. (Peltz, Robert)
February 7, 2011 Opinion or Order Filing 130 ORDER Resetting Discovery Conference for 2/11/2011 at 3:00 PM before Magistrate Judge Chris M. McAliley. See Order for Details. Signed by Magistrate Judge Chris M. McAliley on 2/7/2011. (rms)
February 4, 2011 Filing 129 Plaintiff's MOTION to Compel Discovery from the Boy Scouts of America and South Florida Council, Inc. by Howard Adelman, Judith Sclawy-Adelman. Responses due by 2/22/2011 (Peltz, Robert) Modified Text on 2/7/2011 (ls).
February 4, 2011 Opinion or Order Filing 128 PAPERLESS ORDER denying without prejudice 126 , Plaintiff's Motion to Compel, for failing to comply with this Court's discovery procedures by exceeding the pages limitation for discovery motions through the filing of a separate memorandum of law, for a total of 11 pages. The parties were previously warned that the page limitations would be stricly enforced. [DE 123]. Signed by Magistrate Judge Chris M. McAliley on 2/4/2011. (rms)
February 4, 2011 Filing 127 MEMORANDUM OF LAW re 126 Plaintiff's MOTION to Compel Discovery from Boy Scouts of America and South Florida Counci, Inc. by Howard Adelman, Judith Sclawy-Adelman. (Peltz, Robert)
February 4, 2011 Filing 126 Plaintiff's MOTION to Compel Discovery from Boy Scouts of America and South Florida Counci, Inc. by Howard Adelman, Judith Sclawy-Adelman. Responses due by 2/22/2011 (Attachments: # 1 Composite Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Peltz, Robert)
February 4, 2011 Filing 125 Plaintiff's MOTION to Continue Discovery Conference ordered by Magistrate Hearing by Howard Adelman, Judith Sclawy-Adelman. Responses due by 2/22/2011 (Peltz, Robert)
February 2, 2011 Filing 124 NOTICE of Compliance With 1/28/2011 Court Order Following Discovery Conference [DE 118] Regarding Defendants' Computers by Howard K. Crompton, Andrew L. Schmidt (Hasty, Frederick)
February 2, 2011 Opinion or Order Filing 123 ORDER Setting Discovery Conference for 2/10/2011 at 10:30 AM before Magistrate Judge Chris M. McAliley. See Order for Details. Signed by Magistrate Judge Chris M. McAliley on 2/2/2011. (rms)
February 2, 2011 Filing 122 NOTICE of Compliance with Order Following Discovery Conference by Howard Adelman, Judith Sclawy-Adelman re 118 Order on Motion to Preserve Evidence,, (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3)(Peltz, Robert)
February 2, 2011 Filing 121 Defendant's MOTION for Protective Order for Notices of Deposition Duces Tecum for John Anthony, Joshua Christ, Joe Knight and Jeff Hunt by The South Florida Council Inc., Boy Scouts of America. (Attachments: # 1 Exhibit A. Notice of Deposition Duces Tecum for John Anthony, # 2 Exhibit B. Notice of Deposition Duce Tecum for Joshua Christ, # 3 Exhibit C. Notice of Deposition Duces Tecum for Joe Knight, # 4 Exhibit D. Notice of Deposition Duces Tecum for Jeff Hunt)(Franz, Kevin)
February 2, 2011 Filing 120 Defendant's MOTION for Protective Order for (1) the Amended Notice of Video-Taped Deposition Duces Tecum of Defendant Boy Scouts of America and (2) the Amended Notice of Taking Video-Taped Deposition Duces Tecum of Defendant South Florida Council, Inc, Boy Scouts of America by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (Attachments: # 1 Exhibit A. Deposition Duces Tecum of BSA, # 2 Exhibit B. Deposition Duces Tecum of SFC, # 3 Exhibit C. December 23, 2010 email, # 4 Exhibit December 30, 2010 letter)(Franz, Kevin)
January 28, 2011 Opinion or Order Filing 119 AGREED ORDER on 84 Motion to Preserve Evidence. Signed by Magistrate Judge Chris M. McAliley on 1/28/2011. (rms)
January 28, 2011 Opinion or Order Filing 118 ORDER Following Discovery Conference. Signed by Magistrate Judge Chris M. McAliley on 1/28/2011. (rms)
January 27, 2011 Filing 117 Minute Entry for proceedings held before Magistrate Judge Chris M. McAliley: Discovery Hearing held on 1/27/2011, Motion Hearing held on 1/27/2011 re 55 Plaintiff's MOTION to Preserve Evidence and/or Injunctive Relief filed by Judith Sclawy-Adelman, Howard Adelman, 85 MOTION to Preserve Evidence as to Cellular Telephones filed by Andrew L. Schmidt, Howard K. Crompton, 86 MOTION to Preserve Evidence as to Michael Adelman's and his Family's Computers filed by Andrew L. Schmidt, Howard K. Crompton. (Digital 12:05:03.) (Tape #11H-6-1701 & 7-1.) (nf)
January 27, 2011 Filing 116 REPLY to Response to Motion re 55 Plaintiff's MOTION to Preserve Evidence and/or Injunctive Relief filed by Howard K. Crompton, Andrew L. Schmidt. (Hasty, Frederick)
January 26, 2011 Opinion or Order Filing 115 ORDER granting in part 112 Motion to Continue Hearing. Telephonic Discovery Conference set for 1/27/2011 at 12:00 PM before Magistrate Judge Chris M. McAliley. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Chris M. McAliley on 1/26/2011. (rms)
January 26, 2011 Filing 114 Clerks Notice to Filer re 112 Defendant's MOTION to Continue Discovery Conference Hearing. Emergency Document Filed Electronically; ERROR - Emergency matters may not be filed electronically, they must be filed in the conventional paper format in the division where the judge is chambered. The Clerk contacted Chambers and corrected the docket text to indicate the document is an emergency matter. It is not necessary to refile this document but future filings must comply with the CM/ECF Administrative Procedures and Local Rules. (ls)
January 25, 2011 Filing 113 NOTICE by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America re 111 Order, Set/Reset Deadlines/Hearings, Terminate Motions,,,,,, 80 Order on Motion for Protective Order, Order on Motion for Hearing, 100 Order, Set/Reset Deadlines,, of filing Joint Discovery Plan (Attachments: # 1 Appendix Joint Discovery Plan)(Franz, Kevin)
January 24, 2011 Filing 112 Emergency MOTION to Continue Discovery Conference Hearing by Howard K. Crompton, Andrew L. Schmidt. Responses due by 2/10/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Hasty, Frederick) Modified Text on 1/26/2011 (ls).
January 21, 2011 Opinion or Order Filing 111 OMNIBUS ORDER on 97 Appeal of Magistrate Judge's Order following Discovery Conference in part; granting 101 Joint MOTION for Extension of Time to Comply with Order Following Discovery Conference; REMANDING this matter to the Honorable Chris M. McAliley for further proceedings consistent with this Order; Joint Discovery Plan due by 5:00 PM on 1/25/2011; Discovery Conference set for 1/27/2011 02:00 PM in Miami Division before Magistrate Judge Chris M. McAliley. Signed by Judge Alan S. Gold on 1/21/2011. (wc)
January 21, 2011 Filing 110 Clerks Notice to Filer re 109 MOTION for Leave to File Amended Affirmative Defense. Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls)
January 20, 2011 Filing 109 MOTION to Amend/Correct re 30 Answer and Affirmative Defenses to Amended Complaint by Howard K. Crompton, Andrew L. Schmidt. (Attachments: # 1 Text of Proposed Order)(Hasty, Frederick) Modified Relief on 1/21/2011 (ls).
January 20, 2011 Filing 108 REPLY to Response to Motion re 84 MOTION to Preserve Evidence filed by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (Franz, Kevin)
January 20, 2011 Filing 107 RESPONSE/REPLY to 104 Response/Reply (Other) to Partial Appeal of Magistrate's Order 97 by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (Franz, Kevin)
January 19, 2011 Filing 106 Clerks Notice to Filer re 104 Response/Reply (Other). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls)
January 18, 2011 Filing 105 SUPPLEMENT to Omnibus Response to Court's Orders regarding Various Discovery Matters by Howard Adelman, Judith Sclawy-Adelman (Peltz, Robert)
January 17, 2011 Filing 104 RESPONSE as to 97 Appeal of Magistrate Judge Order to District Court by Howard Adelman, Judith Sclawy-Adelman. (Peltz, Robert) Modified Link on 1/19/2011 (ls).
January 14, 2011 Filing 103 NOTICE by Howard Adelman, Judith Sclawy-Adelman re 91 Order, Set Motion and R&R Deadlines/Hearings, 80 Order on Motion for Protective Order, Order on Motion for Hearing, 100 Order, Set/Reset Deadlines,, PLAINTIFFS' OMNIBUS RESPONSE TO THE COURT'S ORDERS [80, 91 and 100) REGARDING VARIOUS DISCOVERY MATTERS (Attachments: # 1 Exhibit A, # 2 Exhibit B-Composite)(Peltz, Robert)
January 14, 2011 Filing 102 RESPONSE to Motion re 92 MOTION to Compel Plaintiffs to Produce Copies of Items Inspected on November 24, 2010 filed by Howard Adelman, Judith Sclawy-Adelman. Replies due by 1/24/2011. (Peltz, Robert)
January 14, 2011 Filing 101 Joint MOTION for Extension of Time to File Joint Discovery Plan in compliance with Order Following Discovery Conference and Order Requiring Response by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (Attachments: # 1 Text of Proposed Order)(Franz, Kevin)
January 14, 2011 Opinion or Order Filing 100 ORDER REQUIRING RESPONSE re 98 Notice of Joinder (Other) filed by Andrew L. Schmidt, Howard K. Crompton, 97 Appeal of Magistrate Judge Order to District Court filed by The South Florida Council Inc., Boy Scouts of America, Boy Scouts of America. Responses due by 1/19/2011. Parties shall comply with Order Following Discovery Conference 80 . Signed by Judge Alan S. Gold on 1/14/2011. (jh)
January 14, 2011 Filing 99 NOTICE of Attorney Appearance by Robert D. Peltz on behalf of Howard Adelman, Judith Sclawy-Adelman (Peltz, Robert)
January 13, 2011 Filing 98 NOTICE by Howard K. Crompton, Andrew L. Schmidt of Joinder (Hasty, Frederick)
January 11, 2011 Filing 97 APPEAL OF MAGISTRATE JUDGE ORDER to District Court by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America re 80 Order on Motion for Protective Order, Order on Motion for Hearing (Franz, Kevin)
January 10, 2011 Opinion or Order Filing 96 ORDER REFERRING MOTIONS to U.S. Magistrate Judge Chris M. McAliley: 93 MOTION to Compel Plaintiffs to Produce Copies of Items Inspected on November 24, 2010 filed by The South Florida Council Inc., Boy Scouts of America, Boy Scouts of America, 92 MOTION to Compel Plaintiffs to Produce Copies of Items Inspected on November 24, 2010 filed by Andrew L. Schmidt, Howard K. Crompton Motions referred to Chris M. McAliley. Signed by Judge Alan S. Gold on 1/10/11. (mg)
January 10, 2011 Filing 95 NOTICE of Change of Address by Frederick E. Hasty, III (Hasty, Frederick)
January 10, 2011 Filing 93 MOTION to Compel Plaintiffs to Produce Copies of Items Inspected on November 24, 2010 by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. Responses due by 1/27/2011 (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Text of Proposed Order)(Franz, Kevin)
January 7, 2011 Filing 94 TRANSCRIPT of discovery conference held on 12/29/2010 before Magistrate Judge Chris M. McAliley, 1-72 pages, Court Reporter: Jerald M. Meyers, 954-431-4757 / crjm@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 1/31/2011. Redacted Transcript Deadline set for 2/10/2011. Release of Transcript Restriction set for 4/11/2011. (Attachments: # 1 Designation)(cqs)
January 6, 2011 Filing 92 MOTION to Compel Plaintiffs to Produce Copies of Items Inspected on November 24, 2010 by Howard K. Crompton, Andrew L. Schmidt. Responses due by 1/24/2011 (Attachments: # 1 Text of Proposed Order)(Hasty, Frederick)
January 6, 2011 Filing 91 Order Requiring Response to Discovery Motions. Response due by 1/14/2011. Signed by Magistrate Judge Chris M. McAliley on 1/6/2011. (rms)
January 5, 2011 Filing 90 First Amended ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Plantation United Methodist Church.(Winsby, Joseph)
January 5, 2011 Filing 89 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand "First Amended Affirmative Defenses" by The South Florida Council Inc., Boy Scouts of America.(Franz, Kevin)
January 5, 2011 Filing 88 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand "First Amended Affirmative Defenses" by Boy Scouts of America.(Franz, Kevin)
January 4, 2011 Opinion or Order Filing 87 Omnibus ORDER granting 62 Motion for Leave to Amend Affirmative Defenses to Plaintiffs' Amended Complaint. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge; denying as moot 66 Motion for Leave to Amend Their Affirmative Defenses to Plaintiff's Amended Complaint; granting 79 Motion for Leave to File; Cancelling Oral Argument. Signed by Judge Alan S. Gold on 1/4/11. (mg)
January 4, 2011 Filing 86 MOTION to Preserve Evidence as to Michael Adelman's and his Family's Computers by Howard K. Crompton, Andrew L. Schmidt. (Attachments: # 1 Text of Proposed Order)(Hasty, Frederick)
January 4, 2011 Filing 85 MOTION to Preserve Evidence as to Cellular Telephones by Howard K. Crompton, Andrew L. Schmidt. (Attachments: # 1 Text of Proposed Order)(Hasty, Frederick)
January 4, 2011 Filing 84 MOTION to Preserve Evidence by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (Attachments: # 1 Text of Proposed Order)(Franz, Kevin)
January 3, 2011 Filing 83 REPLY to Response to Motion re 62 MOTION for Leave to File Answer and First Amended Affirmative Defenses to Plaintiffs' Amended Complaint Amended filed by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (Attachments: # 1 Exhibit A)(Franz, Kevin)
January 3, 2011 Filing 82 RESPONSE/REPLY to 62 MOTION for Leave to File Answer and First Amended Affirmative Defenses to Plaintiffs' Amended Complaint, 81 Response to Motion, by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (Attachments: # 1 Exhibit A)(Franz, Kevin)
December 30, 2010 Filing 81 RESPONSE to Motion re 66 MOTION for Leave to File Amended Affirmative Defenses, 79 Unopposed MOTION for Leave to File First Amended Affirmative Defenses filed by Howard Adelman, Judith Sclawy-Adelman. Replies due by 1/10/2011. (Leesfield, Ira)
December 29, 2010 Opinion or Order Filing 80 ORDER Following Discovery Conference. Signed by Magistrate Judge Chris M. McAliley on 12/29/2010. (rms)
December 29, 2010 Filing 79 Unopposed MOTION for Leave to File First Amended Affirmative Defenses by Plantation United Methodist Church. (Attachments: # 1 Exhibit A- Answer and First Amended Affirmative Defenses, # 2 Text of Proposed Order)(Winsby, Joseph)
December 29, 2010 Filing 78 Minute Entry for proceedings held before Magistrate Judge Chris M. McAliley: Discovery Hearing held on 12/29/2010, Motion Hearing held on 12/29/2010 re 61 Plaintiff's MOTION for Protective Order filed by Judith Sclawy-Adelman, Howard Adelman. (Digital 11:03:57.) (Tape #10H-92-793/93-1.) (nf)
December 27, 2010 Filing 77 Clerks Notice to Filer re 74 Response/Reply (Other). Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (lk)
December 27, 2010 Opinion or Order Filing 76 ORDER REFERRING MOTION: 75 Plaintiff's MOTION for Hearing /STATUS AND SCHEDULING CONFERENCE TO BE SET ON 02/11/2011 filed by Judith Sclawy-Adelman, Howard Adelman. Motions referred to Chris M. McAliley. Signed by Judge Alan S. Gold on 12/27/2010. (lk)
December 23, 2010 Filing 75 Plaintiff's MOTION for Hearing /STATUS AND SCHEDULING CONFERENCE TO BE SET ON 02/11/2011 by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Exhibit A, # 2 Text of Proposed Order Exhibit B)(Leesfield, Ira)
December 23, 2010 Filing 74 RESPONSE/REPLY TO 73 HOWARD K. CROMPTON AND ANDREW L. SCHMIDT'S NOTICE OF FILING GPS MEMORANDUM by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Text of Proposed Order)(Leesfield, Ira) Modified /Added link to GPS Memorandum on 12/27/2010 (lk).
December 21, 2010 Filing 73 NOTICE by Howard K. Crompton, Andrew L. Schmidt re 68 Order Setting Hearing on Motion of Filing GPS Memorandum (Hasty, Frederick)
December 21, 2010 Opinion or Order Filing 72 ORDER Setting Oral Argument on 66 MOTION for Leave to File Amended Affirmative Defenses, 62 MOTION for Leave to File Answer and First Amended Affirmative Defenses to Plaintiffs' Amended Complaint : Motion Hearing set for 2/11/2011 11:00 AM in Miami Division before Judge Alan S. Gold.. Signed by Judge Alan S. Gold on 10/20/10. (mg)
December 20, 2010 Opinion or Order Filing 71 ORDER granting 67 Motion to Withdraw as Attorney. Attorney Mark Alan Sylvester terminated. Signed by Judge Alan S. Gold on 12/17/10. (mg)
December 17, 2010 Filing 70 REPLY, RESPONSE/REPLY TO COURT ORDER DATED 12/13/2010 by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Text of Proposed Order Exhibit 1)(Leesfield, Ira)
December 13, 2010 Filing 69 STATUS REPORT to Magistrate pursuant to Order on Motion for Protective Order (DE #64) by Howard Adelman, Judith Sclawy-Adelman (Leesfield, Ira) Modified on 12/14/2010 (ls).
December 13, 2010 Opinion or Order Filing 68 ORDER Setting Discovery Conference on 55 Plaintiff's MOTION to Preserve Evidence and/or Injunctive Relief and requiring further briefing. See Order for details. Signed by Magistrate Judge Chris M. McAliley on 12/13/2010. (rms)
December 9, 2010 Filing 67 Plaintiff's MOTION to Withdraw as Attorney by Howard Adelman, Judith Sclawy-Adelman. Responses due by 12/27/2010 (Attachments: # 1 Text of Proposed Order)(Leesfield, Ira)
December 3, 2010 Filing 66 MOTION for Leave to File Amended Affirmative Defenses by Plantation United Methodist Church. (Attachments: # 1 Exhibit A)(Winsby, Joseph)
December 3, 2010 Filing 65 STATUS REPORT to the Magistrate by Howard K. Crompton, Andrew L. Schmidt (Hasty, Frederick)
December 2, 2010 Opinion or Order Filing 64 ORDER re 61 Plaintiff's MOTION for Protective Order filed by Judith Sclawy-Adelman, Howard Adelman. See Order for details. Signed by Magistrate Judge Chris M. McAliley on 12/2/2010. (rms)
November 30, 2010 Opinion or Order Filing 63 ORDER REFERRING MOTION: 61 Plaintiff's MOTION for Protective Order filed by Judith Sclawy-Adelman, Howard Adelman Motions referred to Chris M. McAliley. Signed by Judge Alan S. Gold on 11/30/2010. (ls)
November 29, 2010 Filing 62 MOTION for Leave to File Answer and First Amended Affirmative Defenses to Plaintiffs' Amended Complaint by Boy Scouts of America, The South Florida Council Inc., Boy Scouts of America. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Text of Proposed Order)(Franz, Kevin)
November 24, 2010 Filing 61 Plaintiff's MOTION for Protective Order by Howard Adelman, Judith Sclawy-Adelman. (Attachments: # 1 Exhibit "A", # 2 Text of Proposed Order Exhibit "B")(Sylvester, Mark)
November 15, 2010 Opinion or Order Filing 60 ORDER Following Status Conference on 55 Plaintiff's MOTION to Preserve Evidence and/or Injunctive Relief. Signed by Magistrate Judge Chris M. McAliley on 11/15/2010. (rms)
November 12, 2010 Filing 59 Minute Entry for proceedings held before Magistrate Judge Chris M. McAliley: Status Conference held on 11/12/2010. (Digital 15:38:40 - 15:56:11.) (Tape #10A-85-1041.) (mdc)
November 12, 2010 Filing 58 NOTICE by Howard Adelman, Judith Sclawy-Adelman re 55 Plaintiff's MOTION to Preserve Evidence and/or Injunctive Relief Notice of Filing Exhibits A & B (Attachments: # 1 Exhibit "A" (Part 1 of 3), # 2 Exhibit "A" (Part 2 of 3), # 3 Exhibit "A" (Part 3 of 3), # 4 Exhibit "B" Proposed Order)(Sylvester, Mark)
November 12, 2010 Opinion or Order Filing 57 PAPERLESS ORDER Setting Telephonic Status Conference. The Court will hold a brief telephonic status conference on Plaintiffs' Motion for Preservation of Evidence and/or Injunctive Relief [DE 55] on 11/12/2010 at 3:30 PM, before Magistrate Judge Chris M. McAliley. The parties shall call the undersigned's chambers at 305-523-5890 for call-in information. Signed by Magistrate Judge Chris M. McAliley on 11/12/2010. (rms)
November 10, 2010 Opinion or Order Filing 56 ORDER REFERRING MOTION: 55 Plaintiff's MOTION to Preserve Evidence and/or Injunctive Relief filed by Judith Sclawy-Adelman, Howard Adelman Motions referred to Chris M. McAliley. Signed by Judge Alan S. Gold on 11/10/2010. (tp)
November 5, 2010 Filing 55 Plaintiff's MOTION to Preserve Evidence and/or Injunctive Relief by Howard Adelman, Judith Sclawy-Adelman. (Sylvester, Mark)
October 20, 2010 Filing 54 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by The South Florida Council Inc., Boy Scouts of America.(Franz, Kevin) Modified Text on 10/21/2010 (ls).
October 12, 2010 Opinion or Order Filing 53 ORDER denying 29 Motion to Dismiss 20 Amended Complaint (Counts VII and VIII); Ordering Parties to review and comply with August 30, 2010 Order. Signed by Judge Alan S. Gold on 10/12/2010. (ls)
October 8, 2010 Filing 52 PAPERLESS Minute Entry for proceedings held before Judge Alan S. Gold: Motion Hearing held on 10/8/2010 re 29 MOTION to Dismiss 20 Amended Complaint(Counts VII and VIII) and Incorporated Memorandum of Law filed by The South Florida Council Inc., Boy Scouts of America. Court Reporter: Joseph Millikan, 305-523-5588 / Joseph_Millikan@flsd.uscourts.gov (jh)
September 20, 2010 Filing 51 NOTICE of Mediator Selection: Terrence M. White selected.(Sylvester, Mark)
September 10, 2010 Filing 50 Initial Disclosure(s) Amended Disclosure by Howard K. Crompton, Andrew L. Schmidt (Hasty, Frederick)
September 10, 2010 Filing 49 NOTICE by Plantation United Methodist Church of Filing Rule 26 Initial Disclosures (Winsby, Joseph)
September 8, 2010 Filing 48 REPLY to Response to Motion re 29 MOTION to Dismiss 20 Amended Complaint (Counts VII and VIII) and Incorporated Memorandum of Law filed by The South Florida Council Inc., Boy Scouts of America. (Franz, Kevin)
September 7, 2010 Filing 47 REPLY to Affirmative Defenses re: 30 Answer to Amended Complaint of Defendants Howard K. Crompton & Andrew L. Schmidt by Howard Adelman, Judith Sclawy-Adelman. (Sylvester, Mark)
September 7, 2010 Filing 46 REPLY to Affirmative Defenses re: 32 Answer to Amended Complaint of Defendant Plantation United Methodist Church by Howard Adelman, Judith Sclawy-Adelman. (Sylvester, Mark)
September 7, 2010 Filing 45 REPLY to Affirmative Defenses re: 28 Answer to Amended Complaint of Defendant South Florida Council Inc. by Howard Adelman, Judith Sclawy-Adelman. (Sylvester, Mark)
September 7, 2010 Filing 44 REPLY to Affirmative Defenses re: 27 Answer to Amended Complaint of Defendant Boy Scouts of America by Howard Adelman, Judith Sclawy-Adelman. (Sylvester, Mark)
September 3, 2010 Filing 43 Initial Disclosure(s) of Fed. R. 26 by Howard K. Crompton, Andrew L. Schmidt (Hasty, Frederick)
September 3, 2010 Filing 42 Initial Disclosure(s) of Fed.R.Civ.P. 26 Amended Initial Disclosures by Boy Scouts of America (Franz, Kevin)
September 3, 2010 Filing 41 Initial Disclosure(s) of Fed.R.Civ.P. 26 Amended Initial Disclosures by The South Florida Council Inc., Boy Scouts of America (Franz, Kevin)
September 1, 2010 Filing 40 RESPONSE in Opposition re 29 MOTION to Dismiss 20 Amended Complaint (Counts VII and VIII) and Incorporated Memorandum of Law filed by Howard Adelman, Judith Sclawy-Adelman. (Sylvester, Mark)
August 27, 2010 Opinion or Order Filing 39 SCHEDULING ORDER: ( Pretrial Conference set for 11/4/2011 before Judge Alan S. Gold., Jury Trial set for 12/5/2011 before Judge Alan S. Gold., Calendar Call set for 11/30/2011 01:30 PM in Miami Division before Judge Alan S. Gold., Expert Discovery due by 7/29/2011., Fact Discovery due by 4/8/2011., In Limine Motions due by 10/4/2011., Dispositive Motions due by 8/26/2011., Motions due by 12/3/2010., Pretrial Stipulation due by 10/4/2011.), ORDER REFERRING CASE to Magistrate Judge Chris M. McAliley for Discovery Proceedings, ORDER REFERRING CASE to Mediation. ( Mediation Deadline 8/1/2011.). Signed by Judge Alan S. Gold on 8/27/2010. (tb)
August 27, 2010 Filing 38 Initial Disclosure(s) of Fed.R.Civ.P. 26 by The South Florida Council Inc., Boy Scouts of America (Franz, Kevin)
August 27, 2010 Filing 37 Initial Disclosure(s) of Fed.R.Civ.P. 26 by Boy Scouts of America (Franz, Kevin)
August 27, 2010 Opinion or Order Filing 36 PAPERLESS ORDER clarifying that there will be no hearing October 1, 2010. Oral argument on the Motion to Dismiss is set for October 8, 2010. See 31 .. Signed by Judge Alan S. Gold on 8/27/2010. (mbs)
August 26, 2010 Filing 35 SCHEDULING REPORT - Rule 16.1 by Howard Adelman, Boy Scouts of America, Howard K. Crompton, Plantation United Methodist Church, Andrew L. Schmidt, Judith Sclawy-Adelman, The South Florida Council Inc., Boy Scouts of America (Franz, Kevin)
August 26, 2010 Filing 34 CONSENT to Jurisdiction by US Magistrate Judge by Howard Adelman, Boy Scouts of America, Howard K. Crompton, Plantation United Methodist Church, Andrew L. Schmidt, Judith Sclawy-Adelman, The South Florida Council Inc., Boy Scouts of America (Franz, Kevin)
August 26, 2010 Filing 33 NOTICE of Compliance with S.D. Rule 16.1(B) by Howard Adelman, Boy Scouts of America, Howard K. Crompton, Plantation United Methodist Church, Andrew L. Schmidt, Judith Sclawy-Adelman, The South Florida Council Inc., Boy Scouts of America re 15 Order (Franz, Kevin)
August 23, 2010 Filing 32 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Plantation United Methodist Church.(Winsby, Joseph)
August 20, 2010 Opinion or Order Filing 31 ORDER Setting Hearing on Motion 29 MOTION to Dismiss 20 Amended Complaint (Counts VII and VIII) and Incorporated Memorandum of Law : Motion Hearing set for 10/8/2010 01:30 PM in Miami Division before Judge Alan S. Gold. Signed by Judge Alan S. Gold on 8/20/2010. (ebs)
August 18, 2010 Filing 30 Defendants' ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Howard K. Crompton, Andrew L. Schmidt.(Hasty, Frederick)
August 17, 2010 Filing 29 MOTION to Dismiss 20 Amended Complaint (Counts VII and VIII) and Incorporated Memorandum of Law by The South Florida Council Inc., Boy Scouts of America. Responses due by 9/3/2010 (Franz, Kevin)
August 17, 2010 Filing 28 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by The South Florida Council Inc., Boy Scouts of America.(Franz, Kevin)
August 17, 2010 Filing 27 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Boy Scouts of America.(Franz, Kevin)
August 16, 2010 Opinion or Order Filing 26 PAPELRESS ORDER denying as moot 5 Motion to Dismiss State Court Complaint; denying as moot 5 Motion for More Definite Statement. See 20 . The hearing previously scheduled for October 1, 2010 is hereby CANCELLED.. Signed by Judge Alan S. Gold on 8/16/2010. (mbs)
August 13, 2010 Opinion or Order Filing 25 ORDER Granting Defendants, Howard K. Crompton, and Andrew L. Schmidt's, Unopposed Motion for HIPAA Qualified Protective Order and Order to Disclose Protected Health Information; re 21 Motion for Protective Order. Signed by Judge Alan S. Gold on 8/13/2010. (asl)
August 10, 2010 Filing 24 NOTICE of Filing Discovery: Response to Request for Admissions by Andrew L. Schmidt.(Hasty, Frederick)
August 10, 2010 Filing 21 Unopposed MOTION for Protective Order Regarding HIPAA Disclosure of Protected Health Information by Howard K. Crompton, Andrew L. Schmidt. (Attachments: # 1 Exhibit Order Granting Motion)(Hasty, Frederick)
August 9, 2010 Opinion or Order Filing 23 ORDER Approving Substitution of Counsel re 22 Notice (Stipulation) of Substitution of Counsel. Signed by Judge Alan S. Gold on 8/6/2010. (tb)
August 9, 2010 Filing 22 NOTICE (Stipulation) of Substitution of Attorney Gregor Morris Gaebe for Plantation United Methodist Church as Counsel, Prior Counsel of Record Mark A. Hanley and Alysa Jane Ward (tb)
August 3, 2010 Filing 20 AMENDED COMPLAINT against Boy Scouts of America, Howard K. Crompton, Plantation United Methodist Church, Andrew L. Schmidt, The South Florida Council Inc., Boy Scouts of America, filed by Howard Adelman, Judith Sclawy-Adelman.(Sylvester, Mark)
July 30, 2010 Filing 19 NOTICE of Filing Discovery: Response to Request for Admissions by Howard K. Crompton.(Hasty, Frederick)
July 29, 2010 Filing 18 Clerks Notice to Filer re 17 Corporate Disclosure Statement. Attorney Did Not Associate Themselves; ERROR - Filing attorney neglected to associate themselves to the case. The Clerk has added the attorney to the case. It is not necessary to refile this document future filings must comply with the CM/ECF Administrative Procedures and Local Rules by filing a Notice of Attorney Appearance and linking themselves to the case. (ral)
July 28, 2010 Filing 17 Corporate Disclosure Statement by Plantation United Methodist Church (Ward, Alysa)
July 28, 2010 Filing 16 NOTICE by Howard Adelman re 9 Order Setting Hearing on Motion Plaintiff's Notice Of Intent to File Amended Complaint (Sylvester, Mark)
July 27, 2010 Opinion or Order Filing 15 ORDER Requiring Compliance with Local Rule 16.1 of the United States District Court for the Southern District of Florida. Signed by Judge Alan S. Gold on 7/27/2010. (ail)
July 26, 2010 Filing 14 Corporate Disclosure Statement by The South Florida Council Inc., Boy Scouts of America (Franz, Kevin)
July 26, 2010 Filing 13 Corporate Disclosure Statement by Boy Scouts of America (Franz, Kevin)
July 23, 2010 Attorney Frederick E. Hasty, III terminated as to Defendant, Plantation United Methodist Church per 12 Stipulation for Substitution of Counsel. (ral)
July 23, 2010 Filing 12 NOTICE (Stipulation) of Substitution of Counsel by Mark A. Hanley on behalf of Plantation United Methodist Church instead of prior counsel of record Frederick E. Hasty, III. (Attachments: # 1 Exhibit A)(Hanley, Mark)
July 21, 2010 Opinion or Order Filing 11 ORDER Re-Setting Hearing on Motion 5 Amended MOTION to Dismiss State Court Complaint 4 Answer to Complaint filed concurrent with Motion to Dismiss MOTION for More Definite StatementAmended MOTION to Dismiss State Court Complaint 4 Answer to Complaint filed concurrent with Motion to Dismiss : Motion Hearing set for 10/1/2010 02:00 PM in Miami Division before Judge Alan S. Gold.. Signed by Judge Alan S. Gold on 7/21/2010. (tb)
July 19, 2010 Opinion or Order Filing 10 PAPERLESS ORDER granting 8 Motion for Extension of Time to File Response/Reply. Plaintiffs shall have up to and including 14 days from the date that the Court enters an Order on Plaintiffs' to-be-filed Motion to Remand to respond to the Motion to Dismiss. Additionally, the hearing set for October 1, 2010 at 11:00 a.m. is hereby CONVERTED to oral argument on Plaintiffs' Motion to Remand.. Signed by Judge Alan S. Gold (mbs)
July 16, 2010 Opinion or Order Filing 9 ORDER Setting Oral Argument on Motion 5 Amended MOTION to Dismiss State Court Complaint: Motion Hearing set for 10/1/2010 11:00 AM in Miami Division before Judge Alan S. Gold.. Signed by Judge Alan S. Gold on 7/16/2010. (ail)
July 16, 2010 Filing 8 Plaintiff's MOTION for Extension of Time to File Response/Reply as to 5 Amended MOTION to Dismiss State Court Complaint 4 Answer to Complaint filed concurrent with Motion to Dismiss MOTION for More Definite StatementAmended MOTION to Dismiss State Court Complaint 4 Answer to Complaint filed concurrent with Motion to Dismiss by Howard Adelman. (Attachments: # 1 Text of Proposed Order)(Sylvester, Mark)
July 15, 2010 Filing 7 Defendants' Amended ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Howard K. Crompton, Plantation United Methodist Church, Andrew L. Schmidt.(Hasty, Frederick)
July 15, 2010 Filing 6 Clerks Notice to Filer re 5 Amended MOTION to Dismiss State Court Complaint 4 Answer to Complaint filed concurrent with Motion to Dismiss. Motion with Multiple Reliefs Filed as One Relief; ERROR(1) - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. Incorrect Document Link; ERROR (2)- 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. (lk)
July 13, 2010 Filing 5 Amended MOTION to Dismiss State Court Complaint 1 Complaint-attached to Notice of Removal- filed concurrent with Motion to Dismiss by The South Florida Council Inc., Boy Scouts of America. Responses due by 7/30/2010 (Attachments: # 1 Exhibit "A - Complaint" to "Amended Motion to Dismiss)(Franz, Kevin). Added MOTION for More Definite Statement on 7/15/2010 (lk). Modified link on 7/15/2010 (lk).
July 13, 2010 Filing 4 Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by The South Florida Council Inc., Boy Scouts of America.(Franz, Kevin)
July 13, 2010 Filing 3 Amended ANSWER and Affirmative Defenses to Complaint with Jury Demand by Boy Scouts of America.(Franz, Kevin)
July 8, 2010 Filing 2 Judge Assignment RE: Electronic Complaint to Judge Alan S. Gold (jc)
July 8, 2010 Filing 1 NOTICE OF REMOVAL Filing fee $ 350.00 receipt number 113C-2996521, filed by Howard K. Crompton, The South Florida Council Inc., Boy Scouts of America, Boy Scouts of America, Andrew L. Schmidt, Plantation United Methodist Church. (Attachments: # 1 Civil Cover Sheet, # 2 Exhibit "A" to Notice of Removal, # 3 Exhibit "B" to Notice of Removal)(Franz, Kevin)

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Search for this case: Adelman et al v. Boy Scouts of America et al
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Plaintiff: Howard Adelman
Represented By: Ira H. Leesfield
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Plaintiff: Judith Sclawy-Adelman
Represented By: Ira H. Leesfield
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Defendant: Boy Scouts of America
Represented By: Kevin David Franz
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Defendant: The South Florida Council Inc., Boy Scouts of America
Represented By: Kevin David Franz
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Defendant: Plantation United Methodist Church
Represented By: Frederick E. Hasty, III
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Defendant: Howard K. Crompton
Represented By: Frederick E. Hasty, III
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Defendant: Andrew L. Schmidt
Represented By: Frederick E. Hasty, III
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