Montas et al v. Hialeah Police Department
| Maria Montas and Anthony Christler |
| Hialeah Police Department, B. Alvarado and City of Hialeah |
| 1:2022cv24102 |
| December 19, 2022 |
| US District Court for the Southern District of Florida |
| Cecilia M Altonaga |
| Melissa Damian |
| Civil Rights: Other |
| 28 U.S.C. § 1443 cv Notice of Removal - Civil Rights Cases |
| Both |
Docket Report
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This docket was last retrieved on February 15, 2023. A more recent docket listing may be available from PACER.
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| Filing 38 Summons Issued as to B. Alvarado, City of Hialeah. (Attachments: #1 Summon(s))(ebz) |
| Filing 37 NOTICE of Filing Proposed Summons(es) as to City of Hialeah by Anthony Christler, Maria Montas (Rosenbach, Marshall) |
| Filing 36 NOTICE of Filing Proposed Summons(es) as to B. Alvarado by Anthony Christler, Maria Montas (Rosenbach, Marshall) |
| Filing 35 Second AMENDED COMPLAINT against B. Alvarado, City of Hialeah filed in response to Order Granting Motion for Leave, filed by Anthony Christler, Maria Montas.(Rosenbach, Marshall) |
Filing 34
ORDER granting #27 Motion to Dismiss. The Amended Complaint [ECF No. #26 ] is DISMISSED without prejudice, and the Hialeah Police Department is STRICKEN as a named Defendant in the case. Plaintiff is directed to file a second amended complaint correcting the case caption, and properly entering the Defendants into the Court's CM/ECF system, by February 8, 2023. Once the second amended complaint is filed, the Clerk shall update the case caption accordingly. Amended Complaint due by 2/8/2023. Signed by Chief Judge Cecilia M. Altonaga on 2/6/2023. See attached document for full details. (ps1)
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| Filing 33 RESPONSE to #27 MOTION to Dismiss #26 Amended Complaint/Amended Notice of Removal and/or Strike Hialeah Police Department as a Party by Anthony Christler, Maria Montas. (Rosenbach, Marshall) |
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Filing 32
ORDER Scheduling Mediation before Amber McMichael; Mediation Hearing set for 3/30/2023 10:00 AM. The parties are reminded that a report of their mediation must be filed within seven (7) days thereafter. Signed by Chief Judge Cecilia M. Altonaga on 1/24/2023. See attached document for full details. (ps1)
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| Filing 31 Second NOTICE of Mediator Selection and Hearing. Selected/Added Amber McMichael as Mediator. Mediation Hearing set for 3/30/2023 at 10:00 a.m.. (Attachments: #1 Proposed Order)(Rosenbach, Marshall) |
| Filing 30 Clerk's Notice to Filer re #29 Notice (Other). Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ebz) |
| Filing 29 NOTICE by Anthony Christler, Maria Montas re #28 Order to Show Cause, OF SELECTION OF MEDIATOR AND OF MEDIATION DATE (Rosenbach, Marshall) |
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Filing 28
ORDER TO SHOW CAUSE re #13 Scheduling Order Referring Case to Mediation; by 1/23/2023 the parties shall submit a proposed order scheduling mediation to take place prior to the August 28, 2023 mediation deadline. Failure to comply may result in a dismissal without prejudice and without further notice. Signed by Chief Judge Cecilia M. Altonaga on 1/19/2023. See attached document for full details. (ps1)
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| Filing 27 MOTION to Dismiss #26 Amended Complaint/Amended Notice of Removal and/or Strike Hialeah Police Department as a Party by Hialeah Police Department. Responses due by 2/2/2023 (Desai, Devang) |
| Filing 26 AMENDED COMPLAINT against Anthony Christler, Maria Montas filed in response to Order Granting Motion for Leave, filed by Anthony Christler, Maria Montas.(Rosenbach, Marshall) |
| Filing 25 Certificate of Other Affiliates by Anthony Christler, Maria Montas identifying Other Affiliate Erik Martin, Other Affiliate Jorge Silva-Sixto, Other Affiliate B. Alvarado, Other Affiliate Officer Hill, Other Affiliate D. Morales for Anthony Christler, Maria Montas (Rosenbach, Marshall) |
| Filing 24 PAPERLESS Minute Entry for proceedings held before Chief Judge Cecilia M. Altonaga: Status Conference held on 1/10/2023. Total time in court: 0 hour(s) : 2 minutes. Attorney Appearance(s): Marshall Rosenbach. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (jdn) |
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Filing 23
ORDER that Plaintiffs shall appear for a hearing on January 10, 2023 at 1:30 p.m. so the Court can answer any questions they have regarding their outstanding obligations. Their failure to appear will result in the entry of an order of dismissal without prejudice. Signed by Chief Judge Cecilia M. Altonaga on 1/9/2023. See attached document for full details. (wc)
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| Filing 22 Clerk's Notice to Filer re #18 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz) |
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Filing 21
PAPERLESS ORDER denying as moot #19 Motion for Extension of Time. Plaintiffs have until January 12, 2023 to file their amended complaint, among other things, replacing the Hialeah Police Department with the City of Hialeah. Signed by Chief Judge Cecilia M. Altonaga (CMA)
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Filing 20
PAPERLESS ORDER denying as moot #5 Motion to Dismiss for Lack of Jurisdiction. Plaintiffs have indicated they intend to amend the Complaint to substitute the City of Hialeah in the place of the Hialeah Police Department. (See Mot. [ECF No. 19] 1). Signed by Chief Judge Cecilia M. Altonaga (CMA)
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| Filing 19 MOTION for Extension of Time UNTIL JANUARY 9, 2023, TO RESPOND TO DEFENDANTS MOTION TO DISMISS [DE 5] re #5 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), and/or Strike by Anthony Christler, Maria Montas. Responses due by 1/19/2023 (Attachments: #1 Text of Proposed Order ORDER)(Rosenbach, Marshall) |
| Filing 18 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Anthony Christler, Maria Montas (Rosenbach, Marshall) |
| Filing 17 NOTICE of Compliance with Order [DE 16] by Hialeah Police Department re #16 Order to Show Cause, (Desai, Devang) |
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Filing 16
ORDER that the parties shall submit their certificates of interested parties and corporate disclosure statements by 1/5/2023. The submissions shall comply with the Clerk's prior filing instructions. Should the parties require further instructions, the Court will make itself available for an in-person hearing. Signed by Chief Judge Cecilia M. Altonaga on 1/3/2023. See attached document for full details. (ps1)
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| Filing 15 Corrected Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Hialeah Police Department (Desai, Devang) |
| Filing 14 Clerk's Notice to Filer re #12 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz) |
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Filing 13
ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 12/18/2023 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 12/12/2023 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 2/8/2023. All Discovery, including Expert Discovery, due by 8/21/2023. Mediation Deadline 8/28/2023. In Limine Motions due by 10/3/2023. Pretrial Motions due by 9/5/2023. Pretrial Stipulation due by 10/3/2023. REFERRING CASE to Magistrate Judge Melissa Damian for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 12/28/2022. See attached document for full details. (ps1)
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| Filing 12 Certificate of Other Affiliates by Anthony Christler, Maria Montas (Rosenbach, Marshall) |
| Set/Reset Deadlines/Hearings Fact Discovery due by 8/21/2023. Dispositive Motions due by 9/5/2023. Per DE #13 Order. (ebz) |
| Filing 11 Clerk's Notice to Filer re #10 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz) |
| Filing 10 Corporate Disclosure Statement and Certificate of Interested Parties by Hialeah Police Department (Desai, Devang) |
| Filing 9 Clerk's Notice to Filer re #8 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. (ebz) |
| Filing 8 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Hialeah Police Department (Desai, Devang) |
| Filing 7 Joint SCHEDULING REPORT - Rule 16.1 by Hialeah Police Department (Attachments: #1 Exhibit Proposed Joint Scheduling Form)(Desai, Devang) |
| Filing 6 Defendant's RESPONSE to #3 Status Report Order re: REMOVAL by Hialeah Police Department. (Desai, Devang) |
| Filing 5 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint), and/or Strike by Hialeah Police Department. Responses due by 1/5/2023 (Desai, Devang) |
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Filing 4
Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 12/30/2022. Signed by Chief Judge Cecilia M. Altonaga on 12/19/2022. See attached document for full details. (ps1)
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Filing 3
ORDER Requiring a Removal Status Report by 12/30/2022. Signed by Chief Judge Cecilia M. Altonaga on 12/19/2022. See attached document for full details. (ps1)
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| Filing 2 Clerks Notice of Judge Assignment to Chief Judge Cecilia M. Altonaga. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16182313, filed by Hialeah Police Department. No Answer/ Motion to Dismiss Filed (Attachments: #1 Exhibit State Court Docs/Complaint, #2 Civil Cover Sheet)(Desai, Devang) Modified text & attachment description on 12/19/2022 (rbe). |
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