Rea et al v. The City of Homestead, Florida et al
| Ms. Ednamarie Hernandez, Mrs. Vanessa Lynn McDonough, Mr. James E. McDonough, Mr. William Rea and Mr. Roy S. Shiver, Jr. |
| George Gretsas, Ricky Rivera, Alexander Rolle, The City of Homestead, Florida and Tom Mead |
| 1:2021cv20488 |
| February 4, 2021 |
| U.S. District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 31, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 MOTION to Dismiss #1 Complaint, and, MOTION to Sever by Tom Mead, Ricky Rivera, Alexander Rolle, The City of Homestead, Florida. Responses due by 4/14/2021 (Flanigan, Anne) |
| Filing 15 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , MOTION to Sever by George Gretsas. Responses due by 4/14/2021 (Toth, Brian) |
Filing 14
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants City of Homestead, Alexander Rolle, Tom Mead, and Ricky Rivera's ("Homestead Defendants") Unopposed Motion to Exceed Page Limit for Motion to Dismiss and Motion for Severance. #13 . Therein, Homestead Defendants request leave to exceed the page limit set by Rule 7.1(c) of the Local Rules of the Southern District of Florida ("Local Rules") by ten (10) pages for their forthcoming motion to dismiss and motion for severance. Id. at 1-2. Homestead Defendants argue that an enlargement of the page limit is warranted because "they intend to file a single, combined motion to dismiss and motion for severance, with a single supporting memorandum of law for all four defendants represented therein." Id. at 2. The Court finds good cause to enlarge the page limit set by the Local Rules. See generally id. Accordingly, UPON CONSIDERATION of the Motion #13 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Homestead Defendants' Unopposed Motion to Exceed Page Limit for Motion to Dismiss and Motion for Severance #13 is GRANTED. Homestead Defendants' forthcoming combined motion to dismiss and motion for severance shall not exceed thirty (30) pages. Signed by Chief Judge K. Michael Moore on 3/30/2021. (hwr)
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| Filing 13 Defendant's MOTION for Leave to File Excess Pages Defendants, City of Homestead, Alexander Rolle, Tom Mead and Ricky Rivera's Unopposed Motion To Exceed Page Limit For Motion To Dismiss And Motion For Severance by Tom Mead, Ricky Rivera, Alexander Rolle, The City of Homestead, Florida. (Attachments: #1 Text of Proposed Order)(Flanigan, Anne) |
| Filing 12 NOTICE of Attorney Appearance by Anne Reilly Flanigan on behalf of Tom Mead, Ricky Rivera, Alexander Rolle, The City of Homestead, Florida. Attorney Anne Reilly Flanigan added to party Tom Mead(pty:dft), Attorney Anne Reilly Flanigan added to party Ricky Rivera(pty:dft), Attorney Anne Reilly Flanigan added to party Alexander Rolle(pty:dft), Attorney Anne Reilly Flanigan added to party The City of Homestead, Florida(pty:dft). (Flanigan, Anne) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant George Gretsas's ("Defendant") Unopposed Motion for Extension of Time to Respond to Complaint. #10 . Therein, Defendant requests an extension of time through March 31, 2021 to respond to Plaintiffs' Complaint #1 because "it has taken [Defendant] time to secure counsel as he will be represented separately from the other defendants in this matter and has had to wait for confirmation regarding insurance arrangements." Id. UPON CONSIDERATION of the Motion #10 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #10 is GRANTED. Defendant's Response to Plaintiffs' Complaint #1 shall be due on or before March 31, 2021. Signed by Chief Judge K. Michael Moore on 3/9/2021. (hwr)
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| Filing 10 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by George Gretsas. (Attachments: #1 Text of Proposed Order Proposed Order Granting)(Greenberg, Gerald) |
| Filing 9 NOTICE of Attorney Appearance by Brian W. Toth on behalf of George Gretsas. Attorney Brian W. Toth added to party George Gretsas(pty:dft). (Toth, Brian) |
| Filing 8 NOTICE of Attorney Appearance by Gerald Edward Greenberg on behalf of George Gretsas. Attorney Gerald Edward Greenberg added to party George Gretsas(pty:dft). (Greenberg, Gerald) |
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Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants City of Homestead, Alexander Rolle, Tom Mead, and Ricky Rivera's (the "Homestead Defendants") Unopposed Motion for Extension of Time to Respond to Complaint. #6 . Therein, the Homestead Defendants request an extension of time through March 31, 2021 to respond to Plaintiffs' Complaint #1 "[g]iven the significant volume of causes of action, the number of defendants, and the wide-ranging timespan and number of purported factual allegations contained in the Complaint." Id. at 2. 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 Motion #6 is GRANTED. The Homestead Defendants' Response to Plaintiffs' Complaint #1 shall be due on or before March 31, 2021. Signed by Chief Judge K. Michael Moore on 3/3/2021. (hwr)
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| Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Tom Mead, Ricky Rivera, Alexander Rolle, The City of Homestead, Florida. Attorney Matthew Harris Mandel added to party Tom Mead(pty:dft), Attorney Matthew Harris Mandel added to party Ricky Rivera(pty:dft), Attorney Matthew Harris Mandel added to party Alexander Rolle(pty:dft), Attorney Matthew Harris Mandel added to party The City of Homestead, Florida(pty:dft). (Attachments: #1 Text of Proposed Order proposed Order on Motion for Extension of Time)(Mandel, Matthew) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN FLEISCHER LOUIS. 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 Lauren Fleischer Louis 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 Lauren Fleischer Louis' discovery procedures. Signed by Chief Judge K. Michael Moore on 2/6/2021. (hwr)
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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 Circuit's 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 2/6/2021. (hwr)
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| Filing 3 Summons Issued as to George Gretsas, Tom Mead, Ricky Rivera, Alexander Rolle, The City of Homestead, Florida. (pcs) |
| 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 Lauren F. Louis 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. (pcs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14336894, filed by Roy S. Shiver, Jr., Ednamarie Hernandez, James E. McDonough, William Rea, Vanessa Lynn McDonough. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s), #6 Summon(s))(Riedi, Claudio) |
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