Menard et al v. Miami-Dade County et al
| Robert Elie Menard and Steven Kennan Payne |
| Miami-Dade County and Carlos D. Angulo |
| 1:2019cv21268 |
| April 4, 2019 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Edwin G Torres |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Defendant |
Docket Report
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This docket was last retrieved on September 6, 2019. A more recent docket listing may be available from PACER.
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Filing 25
PAPERLESS ORDER granting the Plaintiff's motion for extension of time to respond to the County's motion to dismiss #24 . The Plaintiff's response date is now July 22, 2019. Signed by Judge Robert N. Scola, Jr. (zlz)
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| Filing 24 MOTION for Extension of Time to File Response/Reply/Answer as to #22 Defendant's MOTION TO DISMISS #19 Amended Complaint FOR FAILURE TO STATE A CLAIM with prejudice by Robert Elie Menard. (Attachments: #1 Text of Proposed Order)(Rodal, Yechezkel) |
| Filing 23 Joint SCHEDULING REPORT - Rule by Robert Elie Menard (Rodal, Yechezkel) |
| Filing 22 Defendant's MOTION TO DISMISS #19 Amended Complaint FOR FAILURE TO STATE A CLAIM with prejudice by Miami-Dade County. Responses due by 7/12/2019 (Greenberg, Ezra) |
| Filing 21 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Carlos D. Angulo. (Greenberg, Ezra) |
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Filing 20
PAPERLESS ORDER denying as moot the Defendants' motions to dismiss #11 #12 and motion to strike #10 . The amended complaint #19 moots those motions. Signed by Judge Robert N. Scola, Jr. (zlz)
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| Filing 19 First AMENDED COMPLAINT against Carlos D. Angulo, Miami-Dade County, filed by Robert Elie Menard.(Rodal, Yechezkel) |
| Filing 18 NOTICE of Voluntary Dismissal without prejudice by Steven Kennan Payne (Rodal, Yechezkel) |
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Filing 17
PAPERLESS ORDER granting the Defendants' unopposed motion to continue deadline to conduct Rule 26(f) conference and submit report #16 . All deadlines in paragraphs 2 and 3 of docket entry 6 are enlarged by 14 days. Signed by Judge Robert N. Scola, Jr. (zlz)
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| Filing 16 Unopposed MOTION to Continue by 14 days deadlines to hold Rule 26(f) conference and submit report pursuant to paragraphs 2 and 3 re #6 Order Referring Case to Magistrate Judge, by Carlos D. Angulo, Miami-Dade County. Responses due by 6/28/2019 (Greenberg, Ezra) |
| Filing 15 RESPONSE to Motion re #10 MOTION to Strike #1 Complaint 42 USC 1983 or Bivens, paragraphs 1-6 & 21-36 filed by Robert Elie Menard, Steven Kennan Payne. Replies due by 6/20/2019. (Rodal, Yechezkel) |
| Set/Reset Deadlines/Hearings as to #10 MOTION to Strike #1 Complaint 42 USC 1983 or Bivens, paragraphs 1-6 & 21-36, #11 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, , #12 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM . Responses due by 6/13/2019 Responses due by 6/18/2019 (lh) see Order DE# 14 |
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Filing 14
PAPERLESS ORDER granting in part the Plaintiffs' unopposed motion for extension of time to file response to the Defendants' motions to dismiss #11 #12 and motion to strike #10 . By June 13, 2019, the Plaintiffs shall respond to the motion to strike and show cause why the Court should not strike the Complaint and require it repled for all of the reasons stated in the motion. (See, e.g. #10 at p. 2 ("The concept of implicit racial bias in law enforcementhowever worthy a topic for academic research, social discussion or debateis neither a recognized nor acceptable method of proving liability for the Fourth Amendment violations and intentional torts alleged to have occurred in the Complaint. To the contrary, it is settled law in the United States, and has been for decades, that Fourth Amendment violations are determined solely based on evaluating police conduct for objective reasonableness. Plaintiffs allegation of implicit racial basis are irrelevant and prejudicial to Defendants."), p. 7 ("To that end, Defendants file this motion to protect themselves from being involuntarily and inappropriately thrust into a social and political debate that will not--and cannot--be resolved by this case. The Court should adjudicate the liabilities between the four parties before it in accordance with law--it should not permit this case to become a vehicle to argue and explore political and social issues that a properly left to other, more appropriate venues. In sum, the judicial complaint must provide a short and plain statement of the claim showing that the [Plaintiffs are] entitled to relief, Fed. R. Civ. 8(a), not an extended social commentary alleging that this lawsuit highlights and explores the devastating impact of implicit racial bias in law enforcement. Compl. 5. As a legal matter, this lawsuit can do no such thing. It can only adjudicate the liabilities between the parties based on the facts that occurred during the two encounters described in the Complaint.").) As for the motions to dismiss #11 #12 , the Plaintiffs may respond to those motions, if necessary, by June 18, 2019. Signed by Judge Robert N. Scola, Jr. (zlz)
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| Filing 13 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #12 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM , #11 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, , #10 MOTION to Strike #1 Complaint 42 USC 1983 or Bivens, paragraphs 1-6 & 21-36 by Robert Elie Menard, Steven Kennan Payne. (Attachments: #1 Text of Proposed Order)(Rodal, Yechezkel) |
| Filing 12 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM by Miami-Dade County. Responses due by 6/11/2019 (Greenberg, Ezra) |
| Filing 11 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, ( Responses due by 6/11/2019) by Carlos D. Angulo. (Attachments: #1 Exhibit A: Arrest Affidavit & Citation, #2 Exhibit B: Certified Judgment of Conviction)(Greenberg, Ezra) |
| Filing 10 MOTION to Strike #1 Complaint 42 USC 1983 or Bivens, paragraphs 1-6 & 21-36 by Carlos D. Angulo, Miami-Dade County. Attorney Ezra Saul Greenberg added to party Carlos D. Angulo(pty:dft). Responses due by 6/11/2019 (Greenberg, Ezra) |
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Filing 9
PAPERLESS ORDER granting the Defendants' unopposed motion for extension of time to respond to the complaint in this case. The deadline for all defendants to respond to the complaint is now May 28, 2019. Signed by Judge Robert N. Scola, Jr. (zlz)
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| Set/Reset Answer Due Deadline per Order DE# 9 : Carlos D. Angulo response due 5/28/2019; Miami-Dade County response due 5/28/2019. (lh) |
| Filing 8 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint 42 USC 1983 or Bivens, Unopposed Extension Requested for All Defendants until May 28, 2019, by Miami-Dade County. Attorney Ezra Saul Greenberg added to party Miami-Dade County(pty:dft). (Greenberg, Ezra) |
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Filing 7
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Edwin G. Torres on 4/10/2019. See attached document for full details. (mdc)
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Filing 6
Order Requiring Discovery And Scheduling Conference And Order Referring Non-Dispositive Pretrial and Discovery Matters To The Magistrate Judge. Signed by Judge Robert N. Scola, Jr on 4/8/2019. See attached document for full details. (vmz)
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| Filing 5 Summons Issued as to Carlos D. Angulo, Miami-Dade County. (vmz) |
| Filing 4 NOTICE of Filing Proposed Summons(es) by Robert Elie Menard, Steven Kennan Payne re 3 Clerks Notice to Filer re: Electronic Case, Summons(es) (Attachments: #1 Summon(s), #2 Summon(s)) (Rodal, Yechezkel) |
| Filing 3 Clerks Notice to Filer re: Summons(es) cannot be issued. Summons NOT issued for the following reason - the image is BLANK. (vmz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Edwin G. Torres 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. (vmz) |
| Filing 1 Complaint pursuant to 42 USC 1983 against Carlos D. Angulo, Miami-Dade County. Filing fee $ 400.00 receipt number 113C-11531905, filed by Robert Elie Menard, Steven Kennan Payne. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s))(Rodal, Yechezkel) |
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