Perez v. City of Hialeah et al
| Elvis Jose Perez |
| City of Hialeah, Municipality, Yandier Hernandez, Jose Romero, Luis Alberto Salcedo, Alexander Abreu Castro and City of Hialeah |
| 1:2020cv22396 |
| June 10, 2020 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Civil Rights: Other |
| 28 U.S.C. ยง 1343 |
| Plaintiff |
Docket Report
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This docket was last retrieved on July 29, 2020. A more recent docket listing may be available from PACER.
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Motion for Enlargement of Time to File Response to Plaintiff's Complaint and to Comply with Pre-Trial Order. #8 . Therein, the Parties request that the Court (1) extend the deadline to answer or otherwise respond to Plaintiff's Complaint #1 by thirty (30) days, and (2) extend by thirty (30) days "any applicable deadlines as indicated in the Court's Pre-Trial Order." Id. Per the Court's June 12, 2020 Paperless Pretrial Order 4 , the only applicable deadline is in regards to the Parties' scheduling conference and joint scheduling report. UPON CONSIDERATION of the Motion #8 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Joint Motion for Enlargement of Time to File Response to Plaintiff's Complaint and to Comply with Pre-Trial Order #8 is GRANTED. Defendants shall file a response to Plaintiff's Complaint or before August 31, 2020. Additionally, the Parties shall hold a scheduling conference on or before September 8, 2020 and file a joint scheduling report on or before September 18, 2020. All other requirements contained in the Courts Paperless Pretrial Order 4 shall remain in effect. Signed by Chief Judge K. Michael Moore on 7/29/2020. (tsr)
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| Filing 8 Joint MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint 42 USC 1983 or Bivens, 4 Pretrial Order,,,,,,,,,,,,,, by City of Hialeah. (Attachments: #1 Text of Proposed Order)(Desai, Devang) |
| Reset Answer Due Deadline: City of Hialeah response due 7/31/2020. (ls)(per DE #7) |
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Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant City of Hialeah's Unopposed Motion for Enlargement of Time to File Response to Plaintiff's Complaint. #6 . Therein, Defendant City of Hialeah requests that the Court extend the deadline to file an answer or otherwise respond to Plaintiff's Complaint #1 to July 31, 2020. Id. UPON CONSIDERATION of the Motion #6 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Unopposed Motion for Enlargement of Time to File Response to Plaintiff's Complaint #6 is GRANTED. Defendant City of Hialeah shall file an answer or otherwise respond to Plaintiff's Complaint #1 on or before July 31, 2020. Signed by Chief Judge K. Michael Moore on 7/6/2020. (tsr)
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| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint 42 USC 1983 or Bivens by City of Hialeah. Attorney Devang B. Desai added to party City of Hialeah(pty:dft). (Attachments: #1 Text of Proposed Order)(Desai, Devang) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE JACQUELINE BECERRA. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Jacqueline Becerra to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Jacqueline Becerra's discovery procedures. Signed by Chief Judge K. Michael Moore on 6/12/2020. (tsr)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Chief Judge K. Michael Moore on 6/12/2020. (tsr)
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| Filing 3 Summons Issued as to City of Hialeah. (scn) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (scn) |
| Filing 1 Complaint pursuant to 42 USC 1983 against All Defendants. Filing fee $ 400.00 receipt number AFLSDC-13010673, filed by Elvis Jose Perez. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Elstein, Brian) |
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