Callejas v. Ocejo et al
| Carmelo Callejas |
| Richard Ocejo, City of Miami Beach and Chief of Police Richard Clements |
| 1:2021cv23294 |
| September 13, 2021 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Alicia M Otazo-Reyes |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Both |
Docket Report
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| Filing 28 NOTICE by Stanford Blake . Attorney Stanford Blake added to party Stanford Blake(pty:med). (Blake, Stanford) |
| Filing 27 NOTICE of Mediator Selection. Selected/Added Carmelo Callejas, Stanford Blake as Mediator. (Guzman, Richard) |
Filing 26
PAPERLESS ORDER TO SHOW CAUSE. The parties shall jointly file a proposed order scheduling mediation, setting forth their selected mediator pursuant to Local Rule 16.2, and a time, date, and place for mediation, no later than November 10, 2021 at 5:00 p.m. Failure to comply will result in immediate dismissal. Signed by Judge Beth Bloom (ta00)
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| Filing 25 RESPONSE TO ORDER TO SHOW CAUSE by Carmelo Callejas. (Guzman, Richard) |
| Filing 24 NOTICE of Striking #23 Response to Order to Show Cause filed by Carmelo Callejas by Carmelo Callejas (Guzman, Richard) |
| Filing 23 STRICKEN RESPONSE TO ORDER TO SHOW CAUSE re #22 Order to Show Cause by Carmelo Callejas. (Guzman, Richard) Modified on 11/10/2021 per DE #24 Notice of Striking (kpe). |
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Filing 22
ORDER TO SHOW CAUSE. Show Cause Response due by 11/9/2021. Signed by Judge Beth Bloom on 11/4/2021. See attached document for full details. (jao)
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Filing 21
PAPERLESS ORDER granting in part Defendants' Motions to Dismiss, ECF Nos. #11 & #12 , in light of Plaintiff's Response, ECF No. #20 . Plaintiff shall file an Amended Complaint on or before November 15, 2021. Signed by Judge Beth Bloom (ta00)
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| Filing 20 RESPONSE to Motion re #11 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM , #17 MOTION for Extension of Time to Respond to Motions to Dismiss re 16 Order,,,, filed by Carmelo Callejas. Replies due by 11/8/2021. (Attachments: #1 Text of Proposed Order Proposed Order)(Guzman, Richard) |
| Filing 19 PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon a sua sponte review of the record. On October 6, 2021, the Court ordered the parties to select a mediator pursuant to Local Rule 16.2, schedule a time, date and place for mediation, and jointly file a proposed order scheduling mediation on or before October 27, 2021. ECF No. #15 (the "Scheduling Order"). To date, the parties have not complied, nor have they shown cause. Accordingly, it is ORDERED AND ADJUDGED that on or before November 3, 2021, the parties shall comply with the requirements of the Scheduling Order, and jointly file a proposed order scheduling mediation. Failure to comply will result in sanctions, including, but not limited to, dismissal without prejudice without further notice. The parties are reminded that pursuant to the procedures outlined in the CM/ECF Administrative Procedures, the proposed order is also to be emailed to bloom@flsd.uscourts.gov in Word format. The CM/ECF Administrative Procedures may be viewed at www.flsd.uscourts.gov. All other deadlines set forth in the Scheduling Order shall remain strictly in place. (ta00) |
| Reset Deadlines Per DE#18. Responses due by 11/1/2021 (cqs) |
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Filing 18
PAPERLESS ORDER granting ECF No. #17 Motion for Extension of Time to File a Response to the Motions to Dismiss, ECF Nos. #11 & #12 , by November 1, 2021. Signed by Judge Beth Bloom (ta00)
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| Filing 17 MOTION for Extension of Time to Respond to Motions to Dismiss re 16 Order,,,, by Carmelo Callejas. Responses due by 11/8/2021 (Attachments: #1 Text of Proposed Order)(Guzman, Richard) |
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Filing 16
PAPERLESS ORDER TO SHOW CAUSE. THIS CAUSE is before the Court upon a sua sponte review of the record. On October 4, 2021, Defendant Officer Richard Ocejo filed a Motion to Dismiss Plaintiffs Complaint, ECF No. #11 , and Defendants City of Miami Beach and Chief Richard Clements filed a Motion to Dismiss Counts V and VI of Plaintiffs Complaint, ECF No. #12 (collectively, Motions). Pursuant to Local Rule 7.1(c), a response to the Motions was due on October 18, 2021. Plaintiff failed to respond to the Motions by the applicable deadline or to request an additional extension of time in which to do so. Accordingly, it is ORDERED AND ADJUDGED that Plaintiff must file a response to the Motions, if any, no later than October 25, 2021. If Plaintiff fails to file any response, the Court shall consider the merits of the Motions without the benefit of a response or responses, and such failure may be deemed sufficient cause to grant the Motions by default. See S.D. Fla. L.R. 7.1(c). Signed by Judge Beth Bloom (ta00)
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Filing 15
ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Amended Pleadings due by 12/6/2021., Discovery due by 6/14/2022., Expert Discovery due by 6/14/2022., Joinder of Parties due by 12/6/2021., Mediation Deadline 6/28/2022., In Limine Motions due by 7/6/2022., Dispositive Motions due by 7/6/2022., Motions due by 7/6/2022., Pretrial Stipulation due by 9/26/2022., Jury Trial set for 10/11/2022 09:00 AM in Miami Division before Judge Beth Bloom., Calendar Call set for 10/4/2022 01:45 PM in Miami Division before Judge Beth Bloom.) Signed by Judge Beth Bloom on 10/6/2021. See attached document for full details. (jao) #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 14 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Richard Ocejo (Switkes, Robert) |
| Filing 13 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by City of Miami Beach, Richard Clements (Braun, Benjamin) |
| Filing 12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by City of Miami Beach, Richard Clements. Responses due by 10/18/2021 (Attachments: #1 Exhibit A- Miami Dade Property Appraiser, #2 Exhibit B- Police Reports, #3 Exhibit C- Preservation Letter from the Bennett Law Center)(Braun, Benjamin) |
| Filing 11 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Richard Ocejo. Responses due by 10/18/2021 (Zappala, Bradley) |
| Filing 10 First SCHEDULING REPORT - Rule 16.1 by Carmelo Callejas (Attachments: #1 Proposed Joint Schedulign Order)(Guzman, Richard) |
| Filing 9 NOTICE by Richard Ocejo re #4 Order Requiring Joint Scheduling Report,, Set Answer Due Deadline, (Attachments: #1 Exhibit A) (Switkes, Robert) |
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Filing 8
PAPERLESS ORDER granting #7 Motion for Extension of Time to File Response/Answer by October 4, 2021. Signed by Judge Beth Bloom (BB)
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| Filing 7 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by City of Miami Beach, Richard Clements, Richard Ocejo. Attorney Benjamin Z. Braun added to party Richard Clements(pty:dft). (Attachments: #1 Text of Proposed Order)(Braun, Benjamin) |
| Filing 6 NOTICE of Attorney Appearance by Robert F. Rosenwald, Jr on behalf of City of Miami Beach, Richard Clements. Attorney Robert F. Rosenwald, Jr added to party Richard Clements(pty:dft). (Rosenwald, Robert) |
| Filing 5 NOTICE of Attorney Appearance by Benjamin Z. Braun on behalf of City of Miami Beach. Attorney Benjamin Z. Braun added to party City of Miami Beach(pty:dft). (Braun, Benjamin) |
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Filing 4
ORDER ON POST-REMOVAL PROCEDURES, AND REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES( Joint Scheduling Report due by 10/4/2021), City of Miami Beach response due 9/20/2021; Richard Clements response due 9/20/2021; Richard Ocejo response due 9/20/2021. Signed by Judge Beth Bloom on 9/13/2021. See attached document for full details. (jao)
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| Filing 3 CLERK'S NOTICE that attorney Raul Jose Aguila has not been added to this case re #1 Notice of Removal (State Court Complaint),. For further information, please contact Attorney Admissions at 305-523-5265. (pt) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Beth Bloom. 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. (jao) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT ) Filing fee $ 402.00 receipt number AFLSDC-15004431, filed by Richard Ocejo. No Answer and/or Motion to Dismiss Filed. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Switkes, Robert) Modified on 9/13/2021 (jao). |
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