N.O. v. Mater Academy Inc.
| Nicholas Ortiz and N.O. |
| Mater Academy Inc. |
| 1:2022cv20611 |
| February 28, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Civil Rights: Education |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Plaintiff |
Docket Report
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon the filing of Plaintiff's First Amended Complaint. #16 . The First Amended Complaint moots Defendant's Motion to Dismiss #14 . UPON CONSIDERATION of the First Amended Complaint #16 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Defendant's Motion to Dismiss #14 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 4/25/2022. (soy)
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| Filing 16 First AMENDED COMPLAINT against Mater Academy Inc., filed by N.O.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit)(Sarelson, Matthew) |
| Reset Deadlines Per DE#15. Amended Complaint due by 4/15/2022. Responses due by 4/15/2022 (cqs) |
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Filing 15
PAPERLESS ORDER REGARDING DEFENDANT'S MOTION TO DISMISS #14 . THIS CAUSE came before the Court upon Defendant Mater Academy, Inc.'s Motion to Dismiss. #16 . Therein, Defendant moves to dismiss Plaintiff's Complaint #1 for failure to state a claim upon which relief can be granted. See generally id. Without expressing any views as to the Motion's merits, the Court affords Plaintiff an opportunity to cure the purported pleading defects by granting Plaintiff leave to file an amended complaint pursuant to Federal Rule of Civil Procedure 15(a)(1)(B). Accordingly, Plaintiff is ORDERED to either amend the Complaint #1 on or before April 22, 2022, or respond to the Motion to Dismiss #16 on or before April 15, 2022. Signed by Judge K. Michael Moore on 4/4/2022. (soy)
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| Filing 14 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Mater Academy Inc.. Responses due by 4/15/2022 (Janousek, John) |
| Filing 13 NOTICE of Attorney Appearance by John Morgan Janousek on behalf of Mater Academy Inc.. Attorney John Morgan Janousek added to party Mater Academy Inc.(pty:dft). (Janousek, John) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by N.O.. Mater Academy Inc. served on 3/11/2022, response/answer due 4/1/2022. (Sarelson, Matthew) |
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Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Karin M. Sweigart. #9 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #9 is GRANTED. Karin M. Sweigart may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to ksweigart@dhillonlaw.com. Signed by Judge K. Michael Moore on 3/8/2022. (soy)
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| Filing 10 Summons Issued as to Mater Academy Inc.. (ail) |
| Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Karin M. Sweigart. Filing Fee $ 200.00 Receipt # AFLSDC-15453954 by N.O.. Responses due by 3/21/2022 (Sarelson, Matthew) |
| Filing 8 NOTICE by N.O. (Sarelson, Matthew) |
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Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Curtis Michael Schube. #4 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #4 is GRANTED. Curtis Michael Schube may appear pro hac vice in this matter. The Clerk of the Court shall provide electronic notification of all electronic filings to cschube@dhillonlaw.com. Signed by Judge K. Michael Moore on 3/2/2022. (tgr)
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. 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 F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 3/2/2022. (tgr)
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Filing 5
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 Judge K. Michael Moore on 3/2/2022. (tgr)
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| Filing 4 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Curtis Michael Schube. Filing Fee $ 200.00 Receipt # AFLSDC-15439752 by N.O.. Responses due by 3/15/2022 (Sarelson, Matthew) |
| Filing 3 Bar Letter re: Admissions sent to attorney Karin M. Sweigart and Curtis Schube, mailing date March 1, 2022, (pt) |
| Filing 2 Clerks Notice of Judge Assignment to 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. (ail) |
| Filing 1 COMPLAINT against Mater Academy Inc.. Filing fees $ 402.00 receipt number AFLSDC-15436121, filed by Nicholas Ortiz. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I, #10 Exhibit J, #11 Exhibit K, #12 Civil Cover Sheet)(Sarelson, Matthew) |
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