Higgins v. APD- Person with Disabilities et al.,
| Paulletta N. Higgins |
| APD-Person With Disabilities et al.,, Hamilton County Mental Retardation Devolpmental Disabilities, Hamilton County Job & Family Service, Friendship Circle of Miami, Department of Children and Families, DCF and Amber Davids |
| 1:2022cv22440 |
| August 3, 2022 |
| US District Court for the Southern District of Florida |
| Chris M McAliley |
| Kathleen M Williams |
| Civil Rights: Americans with Disabilities - Other |
| 42 U.S.C. § 12182 Americans with Disabilities Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 31, 2023. A more recent docket listing may be available from PACER.
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| Filing 46 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2023-9 Magistrate Judge Chris M. McAliley no longer assigned to case. (mno) |
| Filing 45 STIPULATION of Dismissal with Prejudice only as to Friendship Circle of Miami by Friendship Circle of Miami (Glasser, Gregory) |
| Filing 44 NOTICE of Settlement with Friendship Circle of Miami by Friendship Circle of Miami (Glasser, Gregory) |
| Filing 43 REPLY to Response to Motion re #41 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, with Prejudice and Incorporated Memorandum of Law filed by Hamilton County Job & Family Service, Hamilton County Mental Retardation Devolpmental Disabilities. (Raine, Thomas) |
| Filing 42 RESPONSE in Opposition re #41 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, with Prejudice and Incorporated Memorandum of Law filed by Paulletta N. Higgins. Replies due by 10/7/2022. (drz) |
| Filing 41 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM , MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, with Prejudice and Incorporated Memorandum of Law ( Responses due by 10/3/2022) by Hamilton County Job & Family Service, Hamilton County Mental Retardation Devolpmental Disabilities. (Raine, Thomas) |
Filing 40
PAPERLESS ORDER. Defendant, Friendship Circle of Miami, Inc., filed a #38 Motion for Substitution of Counsel. Having reviewed the Motion, the record in this action and the applicable law, the Court finds good cause to grant the relief requested. Accordingly, the Court hereby GRANTS the #38 Motion for Substitution of Counsel. William O. Diab, Esq. and Justin B. Elegant, Esq. are hereby relieved of all further responsibilities relating to Defendant, Friendship Circle of Miami, Inc. Gregory Scott Glasser, Esq. shall serve as counsel for Defendant, Friendship Circle of Miami, Inc. Signed by Magistrate Judge Chris M. McAliley on 9/16/2022. (rr00)
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| Filing 39 RESPONSE in Support re #15 Defendant's MOTION to Dismiss #1 Complaint, or, Alternatively, For More Definite Statement Response to Plaintiff's Objection to Motion to Dismiss [DE 20] filed by Friendship Circle of Miami. (Glasser, Gregory) |
| Filing 38 STIPULATED MOTION for Substitution of Counsel. Substituting Gregory S. Glasser for William O. Diab, Esq and Justin B. Elegant by Friendship Circle of Miami. Attorney Gregory Scott Glasser added to party Friendship Circle of Miami(pty:dft). Responses due by 9/29/2022 (Attachments: #1 Text of Proposed Order ORDER GRANTING DEFENDANT, FRIENDSHIP CIRCLE OF MIAMI, INC.S MOTION FOR SUBSTITUTION OF COUNSEL)(Glasser, Gregory) |
| Filing 37 CLERK'S NOTICE - Attorney Admissions has not updated address information for attorney William Omar Diab re #32 Notice of Change of Address, Email or Law Firm Name. Attorney submitted their request through PACER to update their address, but attorney selected "Apply to NONE" which means their address update was not applied to this case. Attorney Admissions cannot update their address until a proper request is submitted through PACER. (cw) |
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Filing 36
ORDER granting #33 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jesse K. Daley. Signed by Magistrate Judge Chris M. McAliley on 9/13/2022. See attached document for full details. (rr00)
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Filing 35
ORDER granting #30 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney James Sayre. Signed by Magistrate Judge Chris M. McAliley on 9/13/2022. See attached document for full details. (rr00)
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| Filing 34 CLERK'S NOTICE - Attorney Admissions has not updated address information for attorney William Omar Diab re #32 Notice of Change of Address, Email or Law Firm Name. Attorney has not followed the required procedures for updating their address with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their contact information. See the Court's website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information. (cw) |
| Filing 33 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jesse K. Daley. Filing Fee $ 200.00 Receipt # AFLSDC-15944619 by Hamilton County Job & Family Service, Hamilton County Mental Retardation Devolpmental Disabilities. Responses due by 9/27/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Raine, Thomas) |
| Filing 32 NOTICE of Change of Address, Email or Law Firm Name by William Omar Diab (Diab, William) |
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Filing 31
PAPERLESS ORDER. Defendants, Hamilton County Mental Retardation Developmental Disabilities and Hamilton County Job & Family Service filed an #27 Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. The Motion explains Defendants' excusable neglect for failure to timely file their responses. I find good cause to grant the relief requested, and I note that Plaintiff does not object. The Court therefore GRANTS Defendants' Unopposed Motion for Extension of Time. Defendants shall file their responses to the Complaint no later than September 22, 2022. Signed by Magistrate Judge Chris M. McAliley on 9/13/2022. (rr00)
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| Filing 30 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for James Sayre. Filing Fee $ 200.00 Receipt # AFLSDC-15944279 by Hamilton County Job & Family Service, Hamilton County Mental Retardation Devolpmental Disabilities. Responses due by 9/27/2022 (Attachments: #1 Certification, #2 Text of Proposed Order)(Raine, Thomas) |
| Filing 29 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Amber Brooks Davids re #28 Notice of Change of Address, Email or Law Firm Name. Attorney Amber Brooks Davids has not completed the required procedures for updating their information with the Court. After filing something in all pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 28 NOTICE of Change of Address, Email or Law Firm Name by Amber Brooks Davids (Davids, Amber) |
| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by Hamilton County Job & Family Service, Hamilton County Mental Retardation Devolpmental Disabilities. (Attachments: #1 Text of Proposed Order Ex. A)(Raine, Thomas) |
| Filing 26 Defendant's MOTION to Dismiss #11 Summons Returned Executed and Incorporated Memorandum of Law by Department of Children and Families, DCF, Amber Davids. Attorney Amber Brooks Davids added to party Department of Children and Families, DCF(pty:dft), Attorney Amber Brooks Davids added to party Amber Davids(pty:dft). Responses due by 9/23/2022 (Davids, Amber) |
| Filing 25 NOTICE of Attorney Appearance by Thomas Charlton Raine on behalf of Hamilton County Mental Retardation Devolpmental Disabilities. Attorney Thomas Charlton Raine added to party Hamilton County Mental Retardation Devolpmental Disabilities(pty:dft). (Raine, Thomas) |
| Filing 24 NOTICE of Attorney Appearance by Thomas Charlton Raine on behalf of Hamilton County Job & Family Service. Attorney Thomas Charlton Raine added to party Hamilton County Job & Family Service(pty:dft). (Raine, Thomas) |
| Filing 23 NOTICE of Attorney Appearance by Robert Stuart Turk on behalf of Hamilton County Mental Retardation Devolpmental Disabilities. Attorney Robert Stuart Turk added to party Hamilton County Mental Retardation Devolpmental Disabilities(pty:dft). (Turk, Robert) |
| Filing 22 NOTICE of Attorney Appearance by Robert Stuart Turk on behalf of Hamilton County Job & Family Service. Attorney Robert Stuart Turk added to party Hamilton County Job & Family Service(pty:dft). (Turk, Robert) |
| Filing 21 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Paulletta N. Higgins. Hamilton County Mental Retardation Devolpmental Disabilities served on 8/15/2022, response/answer due 9/6/2022. (pc) |
| Filing 20 Objection to Motion to Dismiss: re #13 MOTION to Dismiss #1 Complaint,, #15 Defendant's MOTION to Dismiss #1 Complaint, or, Alternatively, For More Definite Statement filed by Paulletta N. Higgins. Replies due by 9/15/2022. (pc) |
| Filing 19 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Paulletta N. Higgins. Hamilton County Job & Family Service served on 8/12/2022, response/answer due 9/2/2022. (pc) |
| Filing 18 Notice of Filing Discovery by Paulletta N. Higgins. (pc) |
| Filing 17 NOTICE of Attorney Appearance by William Omar Diab on behalf of Friendship Circle of Miami. Attorney William Omar Diab added to party Friendship Circle of Miami(pty:dft). (Diab, William) |
| Filing 16 NOTICE of Attorney Appearance by Justin B. Elegant on behalf of Friendship Circle of Miami (Elegant, Justin) |
| Filing 15 Defendant's MOTION to Dismiss #1 Complaint, or, Alternatively, For More Definite Statement by Friendship Circle of Miami. Attorney Justin B. Elegant added to party Friendship Circle of Miami(pty:dft). Responses due by 9/13/2022 (Elegant, Justin) |
| Filing 14 Clerk's Notice of Filing Deficiency Document(s) were filed conventionally that should have been filed electronically (CM/ECF Administrative Procedures). Document(s) missing required signature(s) (Fed.R.Civ.P. 11(a)). (pc) |
| Filing 13 DEFENDANT AGENCY FOR PERSONS WITH DISABILITIES MOTION TO DISMISS PLAINTIFF'S COMPLAINT WITH PREJUDICE AND INCORPORATED MEMORANDUM OF LAW. MOTION to Dismiss #1 Complaint, by APD-Person With Disabilities et al., Responses due by 9/13/2022 (pc) |
| Filing 12 NOTICE OF CONVENTIONAL FILING (pc) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Department of Children and Families, DCF served on 8/19/2022, response/answer due 9/9/2022. (drz) |
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Filing 10
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Kathleen M. Williams on 8/12/2022. See attached document for full details. (jao)
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Filing 9
ORDER OF REFERRAL AND NOTICE OF COURT PRACTICE AND PROCEDURES. Signed by Judge Kathleen M. Williams on 8/12/2022. See attached document for full details. (jao)
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| Filing 8 Duplicate SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Paulletta N. Higgins. (pc) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Paulletta N. Higgins. Friendship Circle of Miami served on 8/9/2022, response/answer due 8/30/2022. (pc) |
| Filing 6 Duplicate SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Paulletta N. Higgins. (pc) |
| Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Paulletta N. Higgins. APD-Person With Disabilities et al., served on 8/8/2022, response/answer due 8/29/2022. (pc) |
| Filing 4 Summons Issued as to APD-Person With Disabilities et al.,, Department of Children and Families, DCF, Friendship Circle of Miami, Hamilton County Job & Family Service, Hamilton County Mental Retardation Developmental Disabilities. (pc) |
| Filing 3 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 Chris M. McAliley 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. (pc) |
| Filing 2 Clerks Notice of Receipt of Filing Fee received on 8/3/2022 in the amount of $ 402.00, receipt number 254976. (jcs) |
| Filing 1 COMPLAINT against APD-Person With Disabilities et al., Friendship Circle of Miami, Hamilton County Job & Family Service, Hamilton County Mental Retardation Developmental Disabilities. Filing fees $ 402.00, filed by Paulletta N. Higgins. (Attachments: #1 Civil Cover Sheet)(pc) |
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