A.G. v. Riverside Christian Ministries, Inc. et al
| A.G. |
| Riverside Christian Ministries, Inc., David McSherry, Sr. and Correctional Management & Communications Group, LLC |
| 1:2023cv22776 |
| July 26, 2023 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| P.I.: Other |
| 28 U.S.C. § 1441 Notice of Removal-Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 2, 2023. A more recent docket listing may be available from PACER.
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Filing 35
First REPLY to Response to Motion re #24 First MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,,,, FOR FAILURE TO STATE A CLAIM filed by Correctional Management & Communications Group, LLC. (Attachments: #1 Exhibit 1 - BOP Program Statement 1330.018)(Pastorius, Claudia)
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Filing 34
SCHEDULING REPORT - Rule 16.1 by Riverside Christian Ministries, Inc. (Muir, Jane)
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Filing 33
Standing Discovery Order For Magistrate Judge Lisette M. Reid. Signed by Magistrate Judge Lisette M. Reid on 9/18/2023. See attached document for full details. (rbe)
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Filing 32
Plaintiff's REPLY to Response to Motion re #21 Plaintiff's MOTION to Remand to State Court and Memorandum of Law in Support Thereof Plaintiff's Reply to Defendant Correctional Management Response in Opposition to Plaintiff's Motion to Remand filed by A.G.. (Dulcie, Jordan)
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Filing 31
Plaintiff's REPLY to Response to Motion re #21 Plaintiff's MOTION to Remand to State Court and Memorandum of Law in Support Thereof Plaintiff's Reply to Defendants Riverside and McSherry Response in Opposition to Plaintiff's Motion to Remand filed by A.G.. (Dulcie, Jordan)
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Filing 30
RESPONSE in Opposition re #24 First MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,,,, FOR FAILURE TO STATE A CLAIM Plaintiff Response in Opposition to Correctional Management Motion to Dismiss filed by A.G.. Replies due by 9/19/2023. (Attachments: #1 Exhibit Exhibit A-eFiled Copy of Complaint)(Dulcie, Jordan)
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Filing 29
RESPONSE in Opposition re #21 Plaintiff's MOTION to Remand to State Court and Memorandum of Law in Support Thereof filed by David McSherry, Sr, Riverside Christian Ministries, Inc.. Replies due by 9/13/2023. (Muir, Jane)
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Filing 28
PAPERLESS ORDER striking #27 the Defendant's Notice of Unavailability. Notices of unavailability are not proper filings in federal court. If a conflict arises, counsel should confer with opposing counsel and file a motion for a continuance. See, e.g., Ibezim v. GEO Grp., Inc., 2019 WL 1566507, at *2 (S.D. Fla. Mar. 15, 2019) (Marra, J.) (recognizing that notices of unavailability "have no effect in federal court" (citing S.D. Fla. L.R. 7.1(b)(1))), aff'd, 786 F. App'x 975 (11th Cir. 2019). Signed by Judge Roy K. Altman on 9/6/2023. (lcr)
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Filing 27
STRICKEN per Order DE 28 . NOTICE OF UNAVAILABILITY by Correctional Management & Communications Group, LLC (Pastorius, Claudia) Modified on 9/7/2023 (pcs).
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Set/Reset Deadlines/Hearings per DE 25 Joint Scheduling Report due by 9/19/2023 (pcs)
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Filing 26
RESPONSE in Opposition re #21 Plaintiff's MOTION to Remand to State Court and Memorandum of Law in Support Thereof filed by Correctional Management & Communications Group, LLC. Replies due by 9/12/2023. (Pastorius, Claudia)
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Filing 25
PAPERLESS ORDER granting #23 the Plaintiff's Motion for Extension of Time. The parties shall file their Joint Scheduling Report by September 19, 2023. Signed by Judge Roy K. Altman on 9/5/2023. (lcr)
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Filing 24
First MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,,,, FOR FAILURE TO STATE A CLAIM by Correctional Management & Communications Group, LLC. Responses due by 9/19/2023 (Pastorius, Claudia)
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Filing 23
Plaintiff's MOTION for Extension of Time To File Joint Scheduling Report re #14 Plaintiff's MOTION for Extension of Time To File Joint Scheduling Report , 16 Order on Motion for Extension of Time, by A.G.. Responses due by 9/19/2023 (Dulcie, Jordan)
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Filing 22
First Certificate of Other Affiliates/Corporate Disclosure Statement by Correctional Management & Communications Group, LLC (Pastorius, Claudia)
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Filing 21
Plaintiff's MOTION to Remand to State Court and Memorandum of Law in Support Thereof by A.G.. (Attachments: #1 Exhibit Exhibit A-Plaintiff Complaint)(Dulcie, Jordan)
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Filing 20
Plaintiff's Corporate Disclosure Statement Certificate of Interested Parties and Corporate Disclosure Statement by A.G. identifying Corporate Parent Correctional Management & Communications Group, LLC, Corporate Parent David McSherry, Corporate Parent Jordan Dulcie, Esq Searcy Denney Scarola Barnhart & Shipley, P.A., Corporate Parent Riverside Christian Ministries, Inc., Other Affiliate Jordan Dulcie for A.G. (Dulcie, Jordan)
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Filing 19
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by David McSherry, Sr, Riverside Christian Ministries, Inc. (Muir, Jane)
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Filing 18
ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by David McSherry, Sr, Riverside Christian Ministries, Inc.. (Muir, Jane)
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Filing 17
PAPERLESS ORDER denying as moot #14 Motion for Extension of Time. Signed by Judge Roy K. Altman on 8/7/2023. (lcr)
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Filing 16
PAPERLESS ORDER granting #15 the Plaintiff's Amended Motion for Extension of Time. The parties shall file their Joint Scheduling Report by September 5, 2023. Signed by Judge Roy K. Altman on 8/7/2023. (lcr) Modified text per Chambers on 8/7/2023 (jc).
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Filing 15
Amended MOTION for Extension of Time To File Joint Scheduling Report re #4 Status Report Order,, Order Requiring Joint Scheduling Report, by A.G.. Responses due by 8/21/2023 (Dulcie, Jordan)
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Filing 14
Plaintiff's MOTION for Extension of Time To File Joint Scheduling Report by A.G.. Responses due by 8/21/2023 (Dulcie, Jordan)
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Reset Deadlines per DE 16 Paperless Order - Joint Scheduling Report due by 9/5/2023 (jc)
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Set/Reset Response/Answer Due Deadline per DE 13 : Correctional Management & Communications Group, LLC response/answer due 9/4/2023. (pcs)
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Filing 13
PAPERLESS ORDER granting #12 the Defendant Correctional Management and Communications Group, LLC's Motion for Extension of Time. The Defendant Correctional Management and Communications Group, LLC shall file its response by September 4, 2023. Signed by Judge Roy K. Altman on 8/3/2023. (lcr)
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Filing 12
First MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),,,,, by Correctional Management & Communications Group, LLC. (Attachments: #1 Exhibit A.G. v. CMCG Notice of Unavailability, #2 Exhibit Example of Previously Filed Notice of Unavailability Filed in an Appeal Prior to Engagement for This Case)(Pastorius, Claudia)
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Filing 11
NOTICE OF UNAVAILABILITY by Correctional Management & Communications Group, LLC for dates of August 7, 2023 to August 11, 2023 (Pastorius, Claudia)
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Filing 10
NOTICE of Attorney Appearance by Claudia Teresa Pastorius on behalf of Correctional Management & Communications Group, LLC. Attorney Claudia Teresa Pastorius added to party Correctional Management & Communications Group, LLC(pty:dft). (Pastorius, Claudia)
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Set/Reset Deadlines/Hearings per DE 9 David McSherry, Sr response/answer due 8/7/2023; Riverside Christian Ministries, Inc. response/answer due 8/7/2023. (pcs)
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Filing 9
PAPERLESS ORDER granting #7 the Defendants' (Riverside Christian Ministries, Inc. and David McSherry, Sr.'s) Motion for Leave to File Separate Responses and Motions from the Defendant Correctional Management & Communications Group, LLC. The Defendants' responses to the Complaint are due on August 7, 2023. Signed by Judge Roy K. Altman on 8/2/2023. (lcr)
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Filing 8
STATUS REPORT Removal by David McSherry, Sr, Riverside Christian Ministries, Inc. (Muir, Jane)
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Filing 7
Defendant's MOTION for Leave to File Separate Responses or Motions by David McSherry, Sr, Riverside Christian Ministries, Inc.. (Muir, Jane)
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Filing 6
NOTICE of Compliance of Serving Proof of Service of Summons and Complaint on Multiple Defendants by A.G. re #3 Notice of Court Practice/to Appear/Other (Attachments: #1 Exhibit Exhibit A-ROS Affidavit Summons on Riverside, #2 Exhibit Exhibit B-ROS Affidavit Summons on McSherry, #3 Exhibit Exhibit C-ROS Affidavit Summons on Correctional) (Dulcie, Jordan)
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Filing 5
PAPERLESS ORDER denying [1-19] the Defendants' Motion to Dismiss Counts I and II of the Plaintiff's Complaint. Two of the Defendants, Riverside Christian Ministries, Inc. and David McSherry, Sr., filed #1 a Notice of Removal, to which they attached a Motion to Dismiss filed in the Circuit Court of the 11th Judicial Circuit, in and for Miami-Dade County, Florida. Our Order in Cases with Multiple Defendants, see #3 , requires defendants to "file their responses and motions jointly." Because the Motion to Dismiss was not filed jointly with the Defendant, Correctional Management & Communications Group, LLC, it does not conform with our Order. The Defendants are directed to re-file their Motion to Dismiss pursuant to our Order in Cases with Multiple Defendants. Signed by Judge Roy K. Altman on 7/28/2023. (lcr)
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Filing 4
Order Requiring removal Status Report And Joint Scheduling Report. By August 2, 2023, counsel for the removing party is directed to file and serve a Removal Status Report.The parties shall prepare and file a joint scheduling report, as required by Local Rule 16.1, by August 9, 2023. Signed by Judge Roy K. Altman on 7/26/2023. See attached document for full details. (rbe)
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Filing 3
Order In Cases With Multiple Defendants. Signed by Judge Roy K. Altman on 7/26/2023. See attached document for full details. (rbe)
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Filing 2
Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. 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. 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. (jua)
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Filing 1
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-16791473, filed by Riverside Christian Ministries, Inc., McSherry, Sr. David. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Exhibit State Court Docket, #3 Exhibit State Court Civil Cover Sheet, #4 Exhibit State Court Complaint, #5 Exhibit State Court Notice of Filing Petition for Order Approving Attorney's Fee Contract, #6 Exhibit 20 Day Summons (Correctional Managment), #7 Exhibit 20 Day Summons (Riverside), #8 Exhibit 20 Day Summons (McSherry), #9 Exhibit ESummons 20 Day (Correctional Management), #10 Exhibit ESummons 20 Day (Riverside), #11 Exhibit ESummons 20 Day (McSherry), #12 Exhibit Notice of Appearance (Riverside and McSherry), #13 Exhibit Motion for Extension of Time (Riverside and McSherry), #14 Exhibit Motion for Extension of Time to Serve Corrections Managment, #15 Exhibit Return of Service Riverside, #16 Exhibit Order to Respond to the Complaint (Riverside and McSherry), #17 Exhibit Order to Serve Defendants (Correctional Management), #18 Exhibit Return of Service (Correctional Management), #19 Exhibit Motion to Dismiss (Riverside and McSherry))(Muir, Jane)
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