Florida Carry, Inc. et al v. City of Miami Beach et al
| Sean Devine, Florida Carry, Inc., Jonah Weiss, Steven Jenkins, Michael Taylor, Carlos Gutierrez and Christopher Philpot |
| Officer Kenneth Bolduc, Officer Gustavo Villamil, Officer Elizabeth Vidal, Officer Jessica Salabarria, Officer Lavaniel Hicks, Jimmy L. Morales, City of Miami Beach, Officer Brian Rivera, Dan Oates, Officer Nahami Bicelis, Officer Errol Vidal, Officer Michael Garcia, Lt. Eduardo Garcia, Officer Manuel Cano and Officer Robert Mitchell |
| 1:2019cv22303 |
| June 5, 2019 |
| US District Court for the Southern District of Florida |
| Edwin G Torres |
| Kathleen M Williams |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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This docket was last retrieved on September 30, 2021. A more recent docket listing may be available from PACER.
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Filing 33
Clerks Notice to Filer re #31 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE# 32 . It is not necessary to refile this document. (jas)
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Filing 32
NOTICE OF CANCELLATION OF HEARING: re #22 NOTICE of Mediation Hearing. Selected/Added Stanford Blake as Mediator. Mediation Hearing set for 5/1/2020 at 9:00 a.m.. (Blake, Stanford). (See DE#31 for image) (jas)
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Filing 31
NOTICE by Stanford Blake (Blake, Stanford)
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Filing 30
PAPERLESS NOTICE of Telephonic Discovery Hearing: A Telephonic Discovery Hearing is set for 5/15/2020 at 11:30 AM in Miami Division before Magistrate Judge Edwin G. Torres. At the scheduled time, counsel for both parties shall call the following toll-free number: 1-888-684-8852 (access code 5264742#) (security code 1231#). (js02)
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Filing 29
PAPERLESS ORDER granting #27 joint motion for extension. The Parties shall comply with the deadlines set forth in #28 the Amended Scheduling Order. Signed by Judge Kathleen M. Williams on 3/18/2020. (clu)
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Filing 28
SCHEDULING ORDER Jury Trial set for 11/9/2020 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 11/3/2020 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 3/18/2020. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 27
Joint MOTION for Extension of Time of Certain Deadlines by Officer Nahami Bicelis, Officer Kenneth Bolduc, City of Miami Beach, Lt. Eduardo Garcia, Officer Michael Garcia, Officer Lavaniel Hicks, Officer Robert Mitchell, Officer Brian Rivera, Officer Jessica Salabarria, Officer Elizabeth Vidal, Officer Gustavo Villamil. Responses due by 3/27/2020 (Attachments: #1 Text of Proposed Order Text of Proposed Order)(Marrero, Maryjeanne)
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Filing 26
ORDER on Defendant Officers' Motion to Compel discovery responses. Signed by Magistrate Judge Edwin G. Torres on 12/19/2019. See attached document for full details. (abu)
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Filing 25
PAPERLESS NOTICE OF CANCELLATION OF HEARING: The discovery hearing set for 12/19/2019 at 10:00 AM in the Miami Division before Magistrate Judge Edwin G. Torres has been cancelled based on the parties' resolution of the matters to be raised. (abu)
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Filing 24
NOTICE by Stanford Blake . Attorney Stanford Blake added to party Stanford Blake(pty:med). (Blake, Stanford)
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Filing 23
Clerks Notice to Filer re #22 Notice of Mediator Selection and/or Hearing. Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (jas)
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Filing 22
NOTICE of Mediation Hearing. Selected/Added Stanford Blake as Mediator. Mediation Hearing set for 5/1/2020 at 9:00 a.m.. (Blake, Stanford)
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Filing 21
Clerks Notice to Filer re #20 Notice of Mediator Selection and/or Hearing. Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the mediator. (jas)
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Filing 20
OTICE of Mediation Hearing. Selected/Added Stanford Blake as Mediator. Mediation Hearing set for 5/1/2020 at 9:00 a.m.. (Blake, Stanford) Modified text on 12/12/2019 (jas).
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Filing 19
NOTICE of Compliance with Magistrate Judge Torres' Order Setting Discovery Procedures by Officer Nahami Bicelis, Officer Kenneth Bolduc, Lt. Eduardo Garcia, Officer Michael Garcia, Officer Lavaniel Hicks, Officer Robert Mitchell, Officer Brian Rivera, Officer Jessica Salabarria, Officer Elizabeth Vidal, Officer Gustavo Villamil (Marrero, Maryjeanne)
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Filing 18
PAPERLESS NOTICE of Hearing: A Discovery Hearing is set for 12/19/2019 at 10:00 AM in Miami Division before Magistrate Judge Edwin G. Torres. (js02)
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PAPERLESS ORDER GRANTING BY DEFAULT Defendant Jimmy L. Morales' motion to dismiss #9 and Defendant Dan Oates' motion to dismiss #11 . Plaintiffs were required to file responses to the motions to dismiss by July 10, 2019. To date, Plaintiffs have not filed responses. On November 6, 2019, this Court issued an Order 17 requiring Plaintiffs to show cause by November 8, 2019 as to why the motions to dismiss should not be granted by default due to Plaintiffs' failure to respond. Plaintiffs did not respond to the Court's show cause order. Accordingly, the motions to dismiss are GRANTED pursuant to Local Rule 7.1(c), which states that the failure to serve an opposing memorandum of law within 14 days after the service of a motion "may be deemed sufficient cause for granting the motion by default." S.D. Fla. L.R. 7.1(c). Accordingly, Plaintiffs' claims against Defendants Jimmy L. Morales and Dan Oates (Count 2 and Count 3) are dismissed from this action with prejudice. Signed by Judge Kathleen M. Williams on 11/12/2019. (clu)
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Filing 17
PAPERLESS ORDER TO SHOW CAUSE. THIS MATTER is before the Court on Defendant Dan Oates' #11 motion to dismiss and Defendant Jimmy L. Morales' #9 motion to dismiss. Plaintiffs' responses to these motions were due on July 10, 2019. To date, Plaintiffs have not responded. Accordingly, Plaintiffs are ORDERED TO SHOW CAUSE by November 8, 2019 as to why the motions to dismiss should not be granted by default for failure to respond. Signed by Judge Kathleen M. Williams on 11/6/2019. (jws)
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Filing 16
SCHEDULING ORDER Jury Trial set for 11/9/2020 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 11/3/2020 11:00 AM before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 11/1/2019. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 15
Initial Disclosure(s) of Rule 26 by Sean Devine, Florida Carry, Inc., Carlos Gutierrez, Steven Jenkins, Christopher Philpot, Michael Taylor, Jonah Weiss (Friday, Eric)
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Filing 14
Initial Disclosure(s) of City of Miami Beach Documents by City of Miami Beach (Rosenwald, Robert)
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Filing 13
Joint SCHEDULING REPORT - Rule 16.1 by City of Miami Beach, Jimmy L. Morales (Attachments: #1 Exhibit A- Schedule Jointly Proposed by the Parties, #2 Exhibit B- Proposed Order)(Rosenwald, Robert)
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Filing 12
ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Officer Nahami Bicelis, Officer Kenneth Bolduc, Lt. Eduardo Garcia, Officer Michael Garcia, Officer Lavaniel Hicks, Officer Robert Mitchell, Officer Brian Rivera, Officer Jessica Salabarria, Officer Elizabeth Vidal, Officer Gustavo Villamil. (Switkes, Robert)
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Filing 11
MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Dan Oates. Responses due by 7/10/2019 (Attachments: #1 State Court Order)(Hapner, Adam)
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Filing 10
ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by City of Miami Beach. (Rosenwald, Robert)
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Filing 9
Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM (Count 2 Only) and Incorporated Memorandum of Law by Jimmy L. Morales. Responses due by 7/10/2019 (Rosenwald, Robert)
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Filing 8
STATUS REPORT (Removal Status Report) by City of Miami Beach, Jimmy L. Morales (Rosenwald, Robert)
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Filing 7
NOTICE by City of Miami Beach, Jimmy L. Morales re #6 Order Referring Case to Magistrate Judge, of Filing State Court Docket (Attachments: #1 Docket Sheet, #2 Exhibit 1-Civil Coversheet, #3 Exhibit 2-Complaint, #4 Exhibit 4-Summons City of Miami Beach, #5 Exhibit 5-Summons Jessica Salabarria, #6 Exhibit 6-Summons Elizabeth Vidal, #7 Exhibit 7-Summons Robert Mitchell, #8 Exhibit 8-Summons Lt Eduardo Garcia, #9 Exhibit 9-Summons Jimmy Morales, #10 Exhibit 10-Summons Errol Vidal, #11 Exhibit 11-Summons Lavanell Hicks, #12 Exhibit 12-Summons Gustavo Villamil, #13 Exhibit 13-Summons FNU Rivera, #14 Exhibit 14-Summons Manuel Cano, #15 Exhibit 15-Summons FNU Garcia, #16 Exhibit 16-Summons Dan Oates, #17 Exhibit 17-Summons Kenneth Bolduc, #18 Exhibit 18-Summons Nahami Bicelis, #19 Exhibit 20-Summons City of Miami Beach, #20 Exhibit 21-Summons Jessica Salabarria, #21 Exhibit 22-Summons Elizabeth Vidal, #22 Exhibit 23-Summons Robert Mitchell, #23 Exhibit 24-Summons Lt Eduardo Garcia, #24 Exhibit 25-Summons Lavanell Hicks, #25 Exhibit 26-Summons Gustavo Villamil, #26 Exhibit 27-Summons Jimmy Morales, #27 Exhibit 28-Summons Manuel Cano, #28 Exhibit 29-Summons Errol Vidal, #29 Exhibit 30-Summons Dan Oates, #30 Exhibit 31-Summons Kenneth Bolduc, #31 Exhibit 32-Summons Nahami Bicelis, #32 Exhibit 33-Summons FNU Rivera, #33 Exhibit 34-Summons FNU Garcia, #34 Exhibit 35-Notice of Appearance Robert Rosenwald, #35 Exhibit 36-Notice of Appearance Mark Fishman, #36 Exhibit 37-Return of Service Jimmy Morales, #37 Exhibit 38-Return of Service Kenneth Bolduc, #38 Exhibit 39-Return of Service City of Miami Beach, #39 Exhibit 40-Return of Service Elizabeth Vidal, #40 Exhibit 41-Return of Service FNU Rivera, #41 Exhibit 42-Return of Service Lavaniel Hicks, #42 Exhibit 43-Return of Service Jessica Salabarria, #43 Exhibit 44-Return of Service FSU Garcia, #44 Exhibit 45-Return of Service Mitchell Robert, #45 Exhibit 46-Return of Service Oates, #46 Exhibit 47-Amended Complaint, #47 Exhibit 48-Notice of Removal to US District Court, #48 Exhibit 50-Return of No Service Manuel Cano, #49 Exhibit 51-Return of No Service Eduardo Garcia, #50 Exhibit 52-Return of Service Nahami Bicelis) (Rosenwald, Robert)
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Filing 6
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. REFERRING CASE to Magistrate Judge Edwin G. Torres for Pretrial Non-Dispositive Matters. Signed by Judge Kathleen M. Williams on 6/12/2019. See attached document for full details. (ebz)
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Filing 5
NOTICE of Attorney Appearance by Adam Michael Hapner on behalf of Dan Oates. Attorney Adam Michael Hapner added to party Dan Oates(pty:dft). (Hapner, Adam)
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Filing 4
PAPERLESS ORDER granting #3 Motion for Extension of Time. The served defendants shall respond to the complaint on or before June 26, 2019. Signed by Judge Kathleen M. Williams on 6/12/2019. (dpa)
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Filing 3
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by City of Miami Beach, Jimmy L. Morales. (Attachments: #1 Text of Proposed Order)(Rosenwald, Robert)
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Filing 2
Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. 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. 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. (amb)
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Filing 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint) Filing fee $ 400.00 receipt number 113C-11704171, filed by Jimmy L. Morales, City of Miami Beach. (Attachments: #1 Exhibit A- Summons and Complaint, #2 Exhibit B-Amended Complaint, #3 Exhibit C-Federal Removal Joinder-Oates, #4 Exhibit D-Removal Joinder-Officers, #5 Civil Cover Sheet)(Rosenwald, Robert)
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