COLLINS v. CITY OF MIAMI et al
AUGUSTA COLLINS |
CITY OF MIAMI, City of Miami Police Department and RAFAEL MUINA |
1:2023cv20189 |
January 17, 2023 |
US District Court for the Southern District of Florida |
Joan A Lenard |
Lauren Fleischer Louis |
Civil Rights: Other |
28 U.S.C. ยง 1441 Notice of Removal |
Plaintiff |
Docket Report
This docket was last retrieved on February 28, 2023. A more recent docket listing may be available from PACER.
Document Text |
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Filing 7 PAPERLESS ORDER DISMISSING CASE WITHOUT PREJUDICE. On January 19, 2023, the Court issued an Order #3 directing the parties to file, inter alia, a completed form indicating whether the parties agree to have a U.S. Magistrate Judge decide certain issues, and a Joint Scheduling Report and Form, within thirty (30) days of the date of such Order. The Parties failed to file the required materials within the deadline established by the Order. Thus, on February 22, 2023, the Court issued an Order requiring the Parties to file the required materials on or before February 24, 2023, and warned that "failure to comply with this Order or submit notice of good cause for failure to comply may result in dismissal of this action." (D.E. 5.) On February 24, 2023, Defendant responded to the Order to show cause, stating, essentially, that despite its efforts, it had been unable to complete the required documents due to communication issues with Plaintiff's counsel. It further states that Plaintiff's counsel stated that he "would be available to finalize the Joint Scheduling Report, Joint Scheduling Form, and Consent to Jurisdiction form" on February 24, 2023, but when counsel for Defendant tried to contact him later that day he could not reach him. Plaintiff's counsel also told Defendant's counsel that he intended to file an amended complaint. However, Plaintiff's counsel still has not responded to the Court's Orders, filed the documents required by the Court's January 19, 2023 Order, filed an amended complaint, or otherwise appeared in this action post-removal. The Court finds that Plaintiff has failed to show good cause for his failure to comply with the Court's Orders. Accordingly, it is ORDERED AND ADJUDGED that this case is DISMISSED WITHOUT PREJUDICE for want of prosecution and failure to comply with the Court's Orders, all pending motions are DENIED AS MOOT, and this case is now CLOSED. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 2/28/2023. (gie) |
Filing 6 RESPONSE TO ORDER TO SHOW CAUSE by RAFAEL MUINA, City of Miami Police Department, CITY OF MIAMI. (Fernandez, Brandon) |
Filing 5 PAPERLESS ORDER TO SHOW CAUSE. On January 19, 2023, this Court issued an Order directing the parties to file, inter alia, a completed form indicating whether the parties agree to have a U.S. Magistrate Judge decide certain issues, and a Joint Scheduling Report and Form, within thirty (30) days of the date of such Order #3 . To date, however, the parties have not filed a Joint Scheduling Report, Joint Scheduling Form, or a Consent to Jurisdiction Form. Accordingly, it is ORDERED and ADJUDGED that on or before February 24, 2023, the parties shall file a Joint Scheduling Report, Joint Scheduling Form, and Consent to Jurisdiction form indicating consent or non-consent to issues before a U.S. Magistrate Judge. It is further ORDERED and ADJUDGED that failure to comply with this Order or submit notice of good cause for failure to comply may result in dismissal of this action. This entry constitutes the PAPERLESS ORDER in its entirety. Signed by Judge Joan A. Lenard on 2/22/2023. (gie) |
Filing 4 Order Setting Forth the Court's Policy on Motions for Extension or Stay of the Scheduling Order Deadlines. Signed by Judge Joan A. Lenard on 1/19/2023. See attached document for full details. (gie) |
Filing 3 Order Referring Discovery Disputes and Certain Pretrial Motions to Magistrate Judge Lauren F. Louis; Directing Parties to File Certificates of Interested Parties; Directing Parties to File a Notice of Refiling And/or of Related Cases; Requiring Completion of Form Consenting to Jurisdiction by Magistrate Judge; Notice of Court Practice in Removal Actions; and Directing Parties to File a Joint Scheduling Report and Form. Signed by Judge Joan A. Lenard on 1/19/2023. See attached document for full details. (Attachments: #1 Appendix Joint Consent Form, #2 Appendix Joint Scheduling Form) (gie) |
Filing 2 Clerks Notice of Judge Assignment to Judge Joan A. Lenard. 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. (nwn) |
Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - AUGUSTA COLLINS v. CITY OF MIAMI, CITY OF MIAMI POLICE DEPARTMENT, RAFAEL MUINA) Filing fee $ 402.00 receipt number AFLSDC-16246347, filed by RAFAEL MUINA, City of Miami Police Department, CITY OF MIAMI. (Attachments: #1 State Court Complaint & Documents, #2 Civil Cover Sheet)(Fernandez, Brandon) No Answer/Motion To Dismiss Filed. Modified Text/Attachment Description on 1/18/2023 (nwn). |
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