Baluja v. City of Coral Gables et al
| Michael L. Baluja |
| City of Coral Gables, City of Coral Gables Police Department, Edward Hudak, City of Coral Gables Police Department Chief, John Carrasco, City of Coral Gables Police Department Lieutenant, Alejandro Escobar, City of Coral Gables Police Department Sergeant, Peter Iglesias, City of Coral Gables City Manager, Raquel Elejabarrieta, City of Coral Gables Director of Human Resources and Karla Green, City of Coral Gables Director of Human Resources |
| 1:2023cv22331 |
| June 23, 2023 |
| US District Court for the Southern District of Florida |
| Lisette M Reid |
| Kathleen M Williams |
| Civil Rights: Jobs |
| 28 U.S.C. § 1441 Notice of Removal |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 18, 2023. A more recent docket listing may be available from PACER.
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| Filing 16 Defendant's REPLY to Response to Motion re #6 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,, MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM filed by John Carrasco, City of Coral Gables Police Department Lieutenant, City of Coral Gables, City of Coral Gables Police Department, Raquel Elejabarrieta, City of Coral Gables Director of Human Resources, Alejandro Escobar, City of Coral Gables Police Department Sergeant, Karla Green, City of Coral Gables Director of Human Resources, Edward Hudak, City of Coral Gables Police Department Chief, Peter Iglesias, City of Coral Gables City Manager. (Ruiz, Fabian) |
| Filing 15 RESPONSE in Opposition re #6 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,, MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM filed by Michael L. Baluja. Replies due by 8/18/2023. (Klock, Susan) |
Filing 14
PAPERLESS ORDER. THIS MATTER is before the Court on Plaintiff's Motion for Extension of Time to File Response to Defendants' Motion to Dismiss (DE #12 ) ("Motion"). In the Motion, Plaintiff requests a twenty three-day extension of time to file its response to Defendants' Motion to Dismiss. As the Motion is unopposed, and in the interests of the "just, speedy, and inexpensive determination of every action and proceeding" pursuant to Federal Rule of Civil Procedure 1, it is ORDERED AND ADJUDGED that the Motion (DE #12 ) is GRANTED. Plaintiff shall file its response to Defendants' Motion to Dismiss on or before August 11, 2023. No further extensions will be granted. Signed by Judge Kathleen M. Williams on 8/9/2023. (bja)
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| Filing 13 Clerk's Notice to Filer re #12 First MOTION for Extension of Time Extension to August 11, 2023 to file response to motion to dismiss re #6 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,, MOTION TO DIS MOTION for Extension of Time to File Response/Reply/Answer . Motion with One Relief Filed as Multiple Reliefs; ERROR - The Filer selected multiple relief events when only one was necessary. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (ls) |
| Filing 12 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #6 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,, MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM ( Responses due by 8/7/2023), by Michael L. Baluja. (Attachments: #1 Text of Proposed Order)(Klock, Susan) Modified Text to Reflect One Relief on 7/25/2023 (ls). |
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Filing 11
SCHEDULING ORDER: Jury Trial set for 8/12/2024 in Miami Division before Judge Kathleen M. Williams. Calendar Call set for 8/6/2024 11:00 AM in Miami Division before Judge Kathleen M. Williams. Signed by Judge Kathleen M. Williams on 7/21/2023. See attached document for full details. (pc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 10 Joint SCHEDULING REPORT - Rule 16.1 by John Carrasco, City of Coral Gables Police Department Lieutenant, City of Coral Gables, City of Coral Gables Police Department, Raquel Elejabarrieta, City of Coral Gables Director of Human Resources, Alejandro Escobar, City of Coral Gables Police Department Sergeant, Karla Green, City of Coral Gables Director of Human Resources, Edward Hudak, City of Coral Gables Police Department Chief, Peter Iglesias, City of Coral Gables City Manager (Attachments: #1 Text of Proposed Order)(Ruiz, Fabian) |
| Filing 9 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by John Carrasco, City of Coral Gables Police Department Lieutenant, City of Coral Gables, City of Coral Gables Police Department, Raquel Elejabarrieta, City of Coral Gables Director of Human Resources, Alejandro Escobar, City of Coral Gables Police Department Sergeant, Karla Green, City of Coral Gables Director of Human Resources, Edward Hudak, City of Coral Gables Police Department Chief, Peter Iglesias, City of Coral Gables City Manager (Ruiz, Fabian) |
| Filing 8 Defendant's NOTICE by John Carrasco, City of Coral Gables Police Department Lieutenant, City of Coral Gables, City of Coral Gables Police Department, Raquel Elejabarrieta, City of Coral Gables Director of Human Resources, Alejandro Escobar, City of Coral Gables Police Department Sergeant, Karla Green, City of Coral Gables Director of Human Resources, Edward Hudak, City of Coral Gables Police Department Chief, Peter Iglesias, City of Coral Gables City Manager re #4 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, (Attachments: #1 Exhibit 1 - Civil Cover Sheet, #2 Exhibit 2 - Complaint, #3 Exhibit Notice of Confidential Information Within Court Filing, #4 Exhibit 6 - Summons City of Coral Gables, #5 Exhibit 7 - Summons City of Coral Gables, #6 Exhibit 8 - Summons Sgt. Alejandro Escobar, #7 Exhibit 9 - Summons Chief of Police Edward Hudak, #8 Exhibit 10 - Summons Lt. John Carrasco, #9 Exhibit 11 - Summons Raquel Elejabarrieta, Human Resources, #10 Exhibit 12 - Summons Karla Green, Human Resources, #11 Exhibit 13 - Summons City Manager Peter Iglesias, #12 Exhibit 15 - Summons Issued City of Coral Gables Police Department, #13 Exhibit 16 - Summons Issued City of Coral Gables, #14 Exhibit 17 - Summons Issued Sgt. Alejandro Escobar, #15 Exhibit 18 - Summons Issued Chief of Police Edward Hudak, #16 Exhibit 19 - Summons Issued Raquel Elejabarrieta, Human Resources, #17 Exhibit 20 - Summons Issued City Manager Peter Iglesias, #18 Exhibit 21 - Summons Issued Karla Green Human Resources, City of Miami, #19 Exhibit 22 - Summons Issued Lt. John Carrasco, #20 Exhibit 23 - Service Returned Sgt. Alejandro Escobar, #21 Exhibit 24 - Service Returned Lt. John Carrasco, #22 Exhibit 25 - Service Returned Chief of Police Edward Hudak, #23 Exhibit 26 - Service Returned City of Coral Gables Police Department, #24 Exhibit 27 - Service Returned City of Coral Gables, #25 Exhibit 28 - Service Returned City Manager Peter Iglesias, #26 Exhibit 29 - Service Returned Raquel Elejabarrieta, Human Resources, #27 Exhibit 30 - Service Returned Karla Green, Human Resources, #28 Exhibit 31 - Defendants Motion for Extension of Time to Respond to Complaint, #29 Exhibit 32 - Defendants Notice of Removed Action, #30 Exhibit 33 - Agreed Order Granting Defendants Motion for Extension of Time to Respond to Plaintiffs Complaint) (Ruiz, Fabian) |
| Filing 7 STATUS REPORT Removal by John Carrasco, City of Coral Gables Police Department Lieutenant, City of Coral Gables, City of Coral Gables Police Department, Raquel Elejabarrieta, City of Coral Gables Director of Human Resources, Alejandro Escobar, City of Coral Gables Police Department Sergeant, Karla Green, City of Coral Gables Director of Human Resources, Edward Hudak, City of Coral Gables Police Department Chief, Peter Iglesias, City of Coral Gables City Manager (Ruiz, Fabian) |
| Filing 6 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),,, , MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM ( Responses due by 7/19/2023) by John Carrasco, City of Coral Gables Police Department Lieutenant, City of Coral Gables, City of Coral Gables Police Department, Raquel Elejabarrieta, City of Coral Gables Director of Human Resources, Alejandro Escobar, City of Coral Gables Police Department Sergeant, Karla Green, City of Coral Gables Director of Human Resources, Edward Hudak, City of Coral Gables Police Department Chief, Peter Iglesias, City of Coral Gables City Manager. (Ruiz, Fabian) |
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Filing 5
PAPERLESS ORDER. THIS MATTER is before the Court on Defendants' Motion for an Extension of Time to Respond to Plaintiff's Complaint (DE #3 ) ("Motion"). In the Motion, Defendants request "a five (5) day extension up to, and including, July 5, 2023, to file their responses to Plaintiffs Complaint." The Motion failed to comply with the Court's Practices and Procedures, which state that "[a]bsent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief. Sanctions may be imposed for non-emergent requests made less than 48 hours prior to the deadline." Nevertheless, as the Motion is unopposed, and in the interests of the "just, speedy, and inexpensive determination of every action and proceeding" pursuant to Federal Rule of Civil Procedure 1, it is ORDERED AND ADJUDGED that the Motion (DE #3 ) is GRANTED. Defendants must file their response to Plaintiffs complaint on or before July 5, 2023. No further extensions will be granted. Signed by Judge Kathleen M. Williams on 7/5/2023. (bja)
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Filing 4
ORDER OF REFERRAL to Magistrate Judge Lisette M. Reid for Pretrial Non-Dispositive Matters AND NOTICE OF COURT PRACTICE IN REMOVAL CASES. Signed by Judge Kathleen M. Williams on 6/30/2023. See attached document for full details. (cds)
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| Filing 3 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),,, by John Carrasco, City of Coral Gables Police Department Lieutenant, City of Coral Gables, City of Coral Gables Police Department, Raquel Elejabarrieta, City of Coral Gables Director of Human Resources, Alejandro Escobar, City of Coral Gables Police Department Sergeant, Karla Green, City of Coral Gables Director of Human Resources, Edward Hudak, City of Coral Gables Police Department Chief, Peter Iglesias, City of Coral Gables City Manager. (Attachments: #1 Text of Proposed Order)(Ruiz, Fabian) |
| Filing 2 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 Lisette M. Reid 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. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Verified Complaint) Filing fee $ 402.00 receipt number AFLSDC-16714689, filed by Alejandro Escobar, City of Coral Gables Police Department Sergeant, City of Coral Gables Police Department, Peter Iglesias, City of Coral Gables City Manager, Karla Green, City of Coral Gables Director of Human Resources, City of Coral Gables, Raquel Elejabarrieta, City of Coral Gables Director of Human Resources, Edward Hudak, City of Coral Gables Police Department Chief, John Carrasco, City of Coral Gables Police Department Lieutenant. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Civil Cover Sheet)(Ruiz, Fabian) (Complaint see pg.9 of Exh.A, No Answer/Motion to Dismiss filed) Modified text on 6/23/2023 (pc). |
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