Desrouleaux v. The Village of Biscayne Park et al
| Clarens Desrouleaux |
| Officer Guillermo Ravelo, The Village of Biscayne Park, Chief Raimundo Atesiano and Officer Charlie Dayoub |
| 1:2018cv23797 |
| September 14, 2018 |
| U.S. District Court for the Southern District of Florida |
| Darrin P Gayles |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 34 REPLY to Response to Motion re #23 MOTION TO DISMISS #17 Amended Complaint FOR FAILURE TO STATE A CLAIM (Second Amended Complaint) filed by The Village of Biscayne Park. (Alexander, Scott) |
| Filing 33 Summons Issued as to Guillermo Ravelo. (cbr) |
| Filing 32 NOTICE of Filing Proposed Summons(es) by Clarens Desrouleaux (Shaked, Sagi) |
| Filing 31 WAIVER OF SERVICE Returned Executed by Charlie Dayoub. Charlie Dayoub waiver sent on 10/23/2018, answer due 12/24/2018. (Deutsch, Stephanie) |
| Filing 30 NOTICE of Attorney Appearance by Stephanie Gale (Cherlin) Deutsch on behalf of Charlie Dayoub. Attorney Stephanie Gale (Cherlin) Deutsch added to party Charlie Dayoub(pty:dft). (Deutsch, Stephanie) |
| Filing 29 NOTICE of Attorney Appearance by Lourdes Espino Wydler on behalf of Raimundo Atesiano. Attorney Lourdes Espino Wydler added to party Raimundo Atesiano(pty:dft). (Wydler, Lourdes) |
| Filing 28 NOTICE of Attorney Appearance by Oscar Edmund Marrero on behalf of Raimundo Atesiano. Attorney Oscar Edmund Marrero added to party Raimundo Atesiano(pty:dft). (Marrero, Oscar) |
| Filing 27 RESPONSE to Motion re #23 MOTION TO DISMISS #17 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Clarens Desrouleaux. Replies due by 10/29/2018. (Shaked, Sagi) |
Filing 26
PAPERLESS ORDER granting #25 Defendant Village of Biscayne Park's Unopposed Motion for Extension of Time to File Joint Scheduling Report. The parties shall file the Joint Scheduling Report on or before November 18, 2018. Signed by Judge Darrin P. Gayles on 10/18/2018. (isc)
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| Filing 25 Unopposed MOTION for Extension of Time to File Joint Scheduling Report re #12 Notice of Court Practice,,, by The Village of Biscayne Park. Responses due by 11/1/2018 (Alexander, Scott) |
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Filing 24
PAPERLESS ORDER denying as moot #11 Defendant, Village of Biscayne Park's Motion to Dismiss Amended Complaint for Failure to State a Claim; and denying as moot #13 Motion to Strike Amended Complaint's Prayer for Punitive Damages. The Motions are moot based on the Plaintiff's filing of a Second Amended Complaint [ECF No. 17]. Signed by Judge Darrin P. Gayles on 10/15/2018. (isc)
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| Filing 23 MOTION TO DISMISS #17 Amended Complaint FOR FAILURE TO STATE A CLAIM by The Village of Biscayne Park. Responses due by 10/23/2018 (Alexander, Scott) |
| Filing 22 Certificate of Interested Parties by Clarens Desrouleaux identifying Other Affiliate Florida League of Cities, Inc. for Clarens Desrouleaux (Shaked, Sagi) |
| Filing 21 Clerks Notice to Filer re #20 Notice (Other). Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. Party Florida League Of Cities needs to be added as an Interested Party. (cqs) |
| Filing 20 NOTICE by Clarens Desrouleaux re #18 Certificate of Interested Parties/Corporate Disclosure Statement, 19 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, (Shaked, Sagi) |
| Filing 19 Clerks Notice to Filer re #18 Certificate of Interested Parties/Corporate Disclosure Statement. Parties Not Added; ERROR - The Filer failed to add all parties. Filer is instructed to file a Notice of Entry of Parties and add the additional parties. (Florida League Of Cities) (cqs) |
| Filing 18 Certificate of Interested Parties by Clarens Desrouleaux identifying Other Affiliate Florida League of Cities, Inc. for Clarens Desrouleaux (Shaked, Sagi) |
| Filing 17 Second AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Clarens Desrouleaux.(Shaked, Sagi) |
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Filing 16
PAPERLESS ORDER granting #15 Plaintiff's Unopposed Motion for Leave of Court to File Second Amended Complaint and Accompanying Memorandum of Law. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Darrin P. Gayles on 10/3/2018. (isc)
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| Filing 15 Plaintiff's MOTION for Leave to File Second Amended Complaint by Clarens Desrouleaux. (Attachments: #1 Exhibit Plaintiff's Second Amended Complaint)(Shaked, Sagi) |
| Filing 14 Certificate of Interested Parties/Corporate Disclosure Statement by The Village of Biscayne Park identifying Corporate Parent Florida League of Cities, Inc. for The Village of Biscayne Park (Alexander, Scott) |
| Filing 13 MOTION to Strike #8 Amended Complaint 's Prayer for Punitive Damages by The Village of Biscayne Park. Responses due by 10/15/2018 (Alexander, Scott) |
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Filing 12
ENDORSED ORDER REQUIRING JOINT SCHEDULING REPORT AND PROPOSED SCHEDULING ORDER. Pursuant to S.D. Fla. Local Rule 16.1, on or before October 18, 2018, the parties shall prepare and file a Joint Scheduling Report, as well as Certificates of Interested Parties and Corporate Disclosure Statements.The parties shall also file a Proposed Scheduling Order, adhering to the format and guidance of the attached form. If the parties deviate in any way from that format and guidance, they shall contemporaneously submit a written explanation, which provides their purported justification for each and every deviation. If the parties fail to submit such written explanation, the Court may enter a Scheduling Order that does not take into account the parties' proposed dates.Failure to comply with this Order shall be grounds for dismissal without prejudice and without further notice. Signed by Judge Darrin P. Gayles on 10/1/2018. (hmo)
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| Filing 11 MOTION TO DISMISS #8 Amended Complaint FOR FAILURE TO STATE A CLAIM by The Village of Biscayne Park. Responses due by 10/15/2018 (Alexander, Scott) |
| Filing 10 NOTICE of Attorney Appearance by E. Bruce Johnson on behalf of The Village of Biscayne Park. Attorney E. Bruce Johnson added to party The Village of Biscayne Park(pty:dft). (Johnson, E.) |
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Filing 9
PAPERLESS ORDER denying as moot #7 Defendant, Village of Biscayne Park's Motion to Dismiss. The Motion is moot based on the Plaintiff's filing of a First Amended Complaint [ECF No. 8]. Signed by Judge Darrin P. Gayles on 9/25/2018. (hmo)
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| Filing 8 First AMENDED COMPLAINT against All Defendants, filed by Clarens Desrouleaux. (Attachments: #1 Exhibit Indictment, #2 Exhibit Dayoub's Plea Agreement, #3 Exhibit Atesiano's Plea Agreement)(Shaked, Sagi) |
| Filing 7 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM by The Village of Biscayne Park. Attorney Scott David Alexander added to party The Village of Biscayne Park(pty:dft). Responses due by 10/9/2018 (Alexander, Scott) |
| Filing 6 Summons Issued as to The Village of Biscayne Park. (cbr) |
| Filing 5 NOTICE of Filing Proposed Summons(es) for the Village of Biscayne Park by Clarens Desrouleaux (Shaked, Sagi) |
| Filing 4 NOTICE OF COURT PRACTICE. Unless otherwise specified by the Court, every motion shall be double-spaced in Times New Roman 12-point typeface. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. Signed by Judge Darrin P. Gayles on 9/14/2018. (hmo) |
| Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. The party(ies) on the summons(es) does not match the initiating documents (cbr) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Darrin P. Gayles. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cbr) |
| Filing 1 Complaint pursuant to 42 USC 1983 Clarens Desrouleaux against All Defendants. Filing fee $ 400.00 receipt number 113C-10996590, filed by Clarens Desrouleaux. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Shaked, Sagi) |
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