GRACE, Inc. et al v. City of Miami
| GRACE, Inc., Engage Miami, Inc., South Dade Branch Of The NAACP, Miami-Dade Branch Of The NAACP, Clarice Cooper, Yanelis Valdes, Jared Johnson, Alexandra Contreras and Steven Miro |
| City of Miami |
| 1:2022cv24066 |
| December 15, 2022 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on May 23, 2023. A more recent docket listing may be available from PACER.
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Filing 26
EXPEDITED MOTION for Preliminary Injunction by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes. (Warren, Nicholas)
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Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of its First Amended Complaint. #23 . The amended complaint moots Defendant's Motion to Dismiss. #19 . Accordingly, UPON CONSIDERATION of the Amended Complaint #23 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendant's Motion to Dismiss #19 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 2/10/2023. (fpi)
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Filing 24
NOTICE by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes of Filing Exhibits in Support of Motion for Preliminary Injunction (Attachments: #1 Res. 22-131, #2 Master Rep. for Res. 22-131, #3 11/18/21 Slide Presentation, #4 2/7/22 Slide Presentation, #5 2/7/22 Presentation Outline, #6 2/7/22 Cody Memo, #7 2/25/22 Slide Presentation, #8 3/11/22 Slide Presentation, #9 3/11/22 Initial Russell Plan Presentation, #10 3/24/22 Slide Presentation, #11 Tr. 1 (11/18/21), #12 Tr. 2 (12/9/21), #13 Tr. 3 (2/7/22), #14 Tr. 4A (2/25/22 AM), #15 Tr. 4B (2/25/22 PM), #16 Tr. 5A (3/11/22 AM), #17 Tr. 5B (3/11/22 PM), #18 Tr. 6 (3/24/22), #19 1/25/21 Flechas Article, #20 2/26/21 Flechas Article, #21 6/22/21 Turner Article, #22 3/4/22 Ceballos Article, #23 12/15/22 Ceballos Article, #24 12/29/22 Flechas Article, #25 1/9/23 Flechas Article, #26 First Russell Resignation Letter, #27 Second Russell Resignation Letter, #28 First ACLU-FL Letter, #29 Second ACLU-FL Letter, #30 Email from SOE's Office, #31 Abott Report, #32 Moy Report, #33 Donaldson Declaration, #34 Pelham Declaration, #35 Ford Declaration, #36 Pierre Declaration, #37 Cooper Declaration, #38 Johnson Declaration, #39 Miro Declaration, #40 Contreras Declaration, #41 Valdes Declaration, #42 11/21/96 Chardy Article, #43 12/30/96 Branch Article, #44 1/20/97 Branch Article, #45 3/13/97 Garcia Article, #46 3/14/97 Garcia Article, #47 3/15/97 Herald Article, #48 3/15/97 Herald Article, #49 5/5/97 Branch Article, #50 6/19/97 Chardy Article, #51 6/24/97 Herald Article, #52 6/25/97 Branch Article, #53 6/27/97 Branch Article, #54 6/29/97 Branch Article, #55 7/2/97 Branch Article, #56 7/3/97 Branch Article, #57 7/3/97 Herald Editorial, #58 7/4/97 Branch Article, #59 7/11/97 Branch Article, #60 7/12/97 Balmaseda Column, #61 7/14/97 Patterson Column, #62 7/20/97 Hampton Op-Ed, #63 9/5/97 Viglucci Article, #64 9/5/97 Branch & Keating Article, #65 11/5/97 Viglucci Article, #66 6/8/12 McGrory Article, #67 2/14/13 McGrory Article, #68 2/15/13 McGrory Article, #69 4/26/13 Rabin Article, #70 5/24/13 Rabin Article, #71 Res. 97-495, #72 Res. 03-448, #73 Res. 13-208, #74 Agenda Item Summary Form for Res. 13-208, #75 2/14/13 Commission Minutes, #76 2013 Initial Report, #77 2013 Second Report, #78 2013 Final Report, #79 2013 Presentation, #80 1997 Plan, #81 2003 Plan, #82 2013 Plan, #83 2022 Enacted Plan, #84 Feb. 7 Draft, #85 Feb. 22 Draft/Base Plan, #86 Russell Sketch, #87 Initial Russell Plan, #88 Revised Russell Plan, #89 Reyes Plan, #90 2022 Precinct Map, #91 2020 Voting Tabulation Districts, #92 2/1/22 District Demographic Analysis, #93 2/1/23 District Demographic Analysis) (Warren, Nicholas) Link Modified on 2/10/2023 (scn).
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Filing 23
First AMENDED COMPLAINT against City of Miami, filed by Yanelis Valdes, South Dade Branch Of The NAACP, Jared Johnson, Engage Miami, Inc., Alexandra Contreras, GRACE, Inc., Miami-Dade Branch Of The NAACP, Clarice Cooper, Steven Miro.(Warren, Nicholas)
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Filing 22
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion for Leave to File Excess Pages. #21 . Therein, Plaintiffs request that they be permitted to file "a preliminary injunction motion and incorporated memorandum of law of 50 pages, and a reply memorandum of 20 pages." Id. at 1. Plaintiffs also aver that they "do not oppose Defendant having leave to file an opposing memorandum of 50 pages." Id. While the Court understands that the nature of the underlying dispute in this action is complex, the Parties' Motion assumes that the instant action is the only case on the Court's docket. The Parties ask for significantly more than double the standard page-lengths as prescribed by Local Rule 7.1(c)(2). See S.D. Fla. L.R. 7.1(c)(2) ("Absent prior permission of the Court, neither a motion and its incorporated memorandum of law nor the opposing memorandum of law shall exceed twenty (20) pages; a reply memorandum shall not exceed ten (10) pages."). Considering that Plaintiffs' Complaint itself is 55 pages (and Defendant was able to summarize its 12(b)(6) arguments in a mere sixteen pages), the Court is confident that, through succinct writing and tactful references to other documents, neither Party will need fifty pages to state their positions at this juncture. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion #21 is GRANTED IN PART. Plaintiffs may file a motion for preliminary injunction, and Defense may respond, with up to 35 pages as counted by Local Rule 7.1(c). Plaintiffs may reply to Defendant's opposition with up to 15 pages as counted by Local Rule 7.1(c). Signed by Judge K. Michael Moore on 2/1/2023. (fpi)
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Filing 21
Unopposed MOTION for Leave to File Excess Pages by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, South Dade Branch Of The NAACP, Yanelis Valdes. (Warren, Nicholas)
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Filing 20
NOTICE of Attorney Appearance by Christopher N. Johnson on behalf of City of Miami. Attorney Christopher N. Johnson added to party City of Miami(pty:dft). (Johnson, Christopher)
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Filing 19
Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM Plaintiff's Complaint by City of Miami. Responses due by 2/13/2023 (Quintana, Marlene)
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Filing 18
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 Jocelyn Kirsch. #16 . 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 #16 is GRANTED. Jocelyn Kirsch may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: Jocelyn.Kirsch@dechert.com. Signed by Judge K. Michael Moore on 1/25/2023. (fpi)
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Filing 17
NOTICE of Attorney Appearance by George Ty Levesque on behalf of City of Miami. Attorney George Ty Levesque added to party City of Miami(pty:dft). (Levesque, George)
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Filing 16
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jocelyn Kirsch. Filing Fee $ 200.00 Receipt # AFLSDC-16265865 by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, South Dade Branch Of The NAACP, Yanelis Valdes. Responses due by 2/8/2023 (Attachments: #1 Certification of Jocelyn Kirsch, #2 Proposed Order)(Warren, Nicholas)
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Filing 15
NOTICE of Change of Address, Email or Law Firm Name by Jason Lawrence Unger (Unger, Jason)
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Filing 14
NOTICE of Attorney Appearance by Jason Lawrence Unger on behalf of City of Miami. Attorney Jason Lawrence Unger added to party City of Miami(pty:dft). (Unger, Jason)
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Filing 13
NOTICE of Attorney Appearance by Andre Velosy Bardos on behalf of City of Miami. Attorney Andre Velosy Bardos added to party City of Miami(pty:dft). (Bardos, Andre)
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for an Extension of Time. #11 . Therein, Defendant requests a twenty-one (21) day extension of time to respond to Plaintiff's Complaint #1 because Defense counsel is still in the process of being retained and consulting with its client regarding the action. See #11 at 1. 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 #11 is GRANTED. Defendant shall file its response to Plaintiff's Complaint #1 on or before January 30, 2023. Signed by Judge K. Michael Moore on 1/6/2023. (fpi)
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Filing 11
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint, by City of Miami. Attorney Marlene Quintana added to party City of Miami(pty:dft). (Attachments: #1 Text of Proposed Order)(Quintana, Marlene)
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Neil A. Steiner and Christopher J. Merken. #5 , #6 . UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions ( #5 , #6 ) are GRANTED. Neil A. Steiner and Christopher J. Merken may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: (1) Neil.Steiner@dechert.com; and (2) Christopher.Merken@dechert.com. Signed by Judge K. Michael Moore on 12/16/2022. (fpi)
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Filing 9
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Yanelis Valdes, South Dade Branch Of The NAACP, Jared Johnson, Engage Miami, Inc., Alexandra Contreras, GRACE, Inc., Miami-Dade Branch Of The NAACP, Clarice Cooper. City of Miami served on 12/16/2022, response/answer due 1/6/2023. (Warren, Nicholas)
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Filing 8
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 12/16/2022. (fpi)
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Filing 7
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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). 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 (3) 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 12/16/2022. (fpi)
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Filing 6
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher J. Merken. Filing Fee $ 200.00 Receipt # AFLSDC-16176211 by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, South Dade Branch Of The NAACP, Yanelis Valdes. Responses due by 12/29/2022 (Attachments: #1 Certification of Christopher J. Merken, #2 Text of Proposed Order)(Warren, Nicholas)
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Filing 5
MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Neil A. Steiner. Filing Fee $ 200.00 Receipt # AFLSDC-16176168 by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, South Dade Branch Of The NAACP, Yanelis Valdes. Responses due by 12/29/2022 (Attachments: #1 Certification of Neil A. Steiner, #2 Text of Proposed Order)(Warren, Nicholas)
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Filing 4
Bar Letter re: Admissions sent to attorney Neil A. Steiner, Christopher J. Merken, mailing date December 15, 2022, (pt)
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Filing 3
Summons Issued as to City of Miami. (rbe)
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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. (rbe)
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Filing 1
COMPLAINT against City of Miami. Filing fees $ 402.00 receipt number AFLSDC-16174909, filed by Yanelis Valdes, South Dade Branch of the NAACP, Jared Johnson, Engage Miami, Inc., Alexandra Contreras, GRACE, Inc., Miami-Dade Branch of the NAACP, Clarice Cooper. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Warren, Nicholas)
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