Martin v. Eleventh Judicial Circuit Court of Florida et al
Plaintiff: Beth Colleen Martin
Defendant: Eleventh Judicial Circuit Court of Florida, Hon. Ivonne Cuesta, Sandy T Fox and Sherrie Lewis-Thomas
Case Number: 1:2023cv23620
Filed: September 20, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Cecilia M Altonaga
Referring Judge: Melissa Damian
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 42 U.S.C. § 12182 Americans with Disabilities Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 17, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 17, 2023 Opinion or Order Filing 33 ORDER granting #32 E Unopposed Expedited Motion for Brief Extension of Time Filed on Behalf of Defendants Circuit Judge Ivonne Cuesta and the Eleventh Judicial Circuit of Florida. Defendants have until November 28, 2023, to file a single combined response or their separate answers to the Amended Complaint. Signed by Chief Judge Cecilia M. Altonaga on 11/17/2023. See attached document for full details. (ps1)
November 17, 2023 Filing 32 Defendant's EXPEDITED MOTION Brief Extension of Time to Respond to Amended Complaint by Ivonne Cuesta, Eleventh Judicial Circuit Court of Florida. (Junge, Barbara)
November 17, 2023 Set/Reset Response/Answer Due Deadline: All defendants combined response or separate answers due 11/28/2023. (ps1)
November 8, 2023 Opinion or Order Filing 31 ORDER denying as moot #21 Motion to Dismiss for Failure to State a Claim. Signed by Chief Judge Cecilia M. Altonaga on 11/8/2023. See attached document for full details. (ps1)
November 7, 2023 Filing 30 First AMENDED COMPLAINT against All Defendants, filed by Beth Colleen Martin. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Levin, Reid)
November 7, 2023 Opinion or Order Filing 29 ORDER Setting Discovery Procedures. Signed by Magistrate Judge Melissa Damian on 11/7/2023. See attached document for full details. (cos)
November 3, 2023 Filing 28 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed Defendant, Dr. Sherrie Lewis-Thomas's Certificate of Interested Persons by Sherrie Lewis-Thomas (Garcia, Carlos)
November 2, 2023 Filing 27 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Ivonne Cuesta, Eleventh Judicial Circuit Court of Florida identifying Other Affiliate Florida Department of Financial Services, Other Affiliate Florida Office of the Attorney General for Eleventh Judicial Circuit Court of Florida, Ivonne Cuesta (Junge, Barbara)
November 1, 2023 Opinion or Order Filing 26 ORDER Setting Trial and Pretrial Schedule, Requiring Mediation, and Referring Certain Matters to Magistrate Judge: Trial set for two-week period beginning 10/21/2024 in Miami Division before Chief Judge Cecilia M. Altonaga. Calendar Call set for 10/15/2024 09:00 AM in Miami Division before Chief Judge Cecilia M. Altonaga. Motions to amend pleadings or join parties due by 12/12/2023. All Discovery, including Expert Discovery, due by 6/24/2024. Mediation Deadline 7/1/2024. In Limine Motions due by 8/6/2024. Motions due by 7/9/2024. Pretrial Stipulation due by 8/6/2024. REFERRING CASE to Magistrate Judge Melissa Damian for Discovery Matters. Signed by Chief Judge Cecilia M. Altonaga on 11/1/2023. See attached document for full details. (ps1)
October 31, 2023 Filing 25 Joint SCHEDULING REPORT - Rule 16.1 by Beth Colleen Martin (Attachments: #1 Exhibit Proposed Scheduling Order, #2 Exhibit Election to Jurisdiction)(Levin, Reid)
October 31, 2023 Filing 24 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Beth Colleen Martin (Levin, Reid)
October 26, 2023 Opinion or Order Filing 23 ORDER granting #22 Motion to Strike #22 Agreed MOTION to Strike #21 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM (EXHIBIT D.E. 21-1 ONLY). Signed by Chief Judge Cecilia M. Altonaga on 10/25/2023. See attached document for full details. (pc)
October 25, 2023 Filing 22 Agreed MOTION to Strike #21 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM (EXHIBIT D.E. 21-1 ONLY) by Sandy T Fox. Responses due by 11/8/2023 (Attachments: #1 Exhibit Redacted Exhibit, #2 Exhibit Proposed Order)(Brown, Christopher)
October 24, 2023 Filing 21 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Ivonne Cuesta, Eleventh Judicial Circuit Court of Florida, Sandy T Fox, Sherrie Lewis-Thomas. Responses due by 11/7/2023 (Attachments: #1 Appendix Order Appointing Guardian Ad Litem)(Brown, Christopher) (Attachment 1 redacted per de #23 on 10/26/2023) (pc). Modified text on 10/26/2023 (pc). (Additional attachment(s) added on 10/26/2023: #2 Redacted exhibit 22-1) (mr1).
October 17, 2023 Opinion or Order Filing 20 PAPERLESS ORDER granting #18 Motion for Clarification. Defendants may file a combined motion to dismiss not to exceed 30 pages. The response may not exceed 30 pages; the reply may not exceed 15 pages. No extensions of time will be given for the response and reply memoranda. Signed by Chief Judge Cecilia M. Altonaga (CMA)
October 17, 2023 Opinion or Order Filing 19 PAPERLESS ORDER denying as moot #17 Motion for Clarification. Signed by Chief Judge Cecilia M. Altonaga (CMA)
October 17, 2023 Filing 18 Second MOTION for clarification or For Extension of Page Limit by Sandy T Fox. Responses due by 10/31/2023 (Attachments: #1 Exhibit ORDER [GRANTING/DENYING] DEFENDANTS JOINT MOTION FOR CLARIFICATION OR FOR EXTENSION OF PAGE LIMIT)(Brown, Christopher)
October 17, 2023 Filing 17 Defendant's MOTION for clarification OR FOR EXTENSION OF PAGE LIMIT by Sandy T Fox. Responses due by 10/31/2023 (Brown, Christopher)
October 17, 2023 Opinion or Order Filing 16 PAPERLESS ORDER denying #15 Motion for Clarification due to the failure to comply with Local Rule 7.1(a)(3). Signed by Chief Judge Cecilia M. Altonaga (CMA)
October 16, 2023 Filing 15 Defendant's MOTION for clarification or For Extension of Page Limit by Sandy T Fox. Responses due by 10/30/2023 (Attachments: #1 Exhibit ORDER [GRANTING/DENYING] DEFENDANTS JOINT MOTION FOR CLARIFICATION OR FOR EXTENSION OF PAGE LIMIT)(Brown, Christopher)
October 16, 2023 Filing 14 NOTICE of Attorney Appearance by Jason A. Glusman on behalf of Sherrie Lewis-Thomas. Attorney Jason A. Glusman added to party Sherrie Lewis-Thomas(pty:dft). (Glusman, Jason)
October 16, 2023 Filing 13 NOTICE of Attorney Appearance by Carlos A Garcia on behalf of Sherrie Lewis-Thomas. Attorney Carlos A Garcia added to party Sherrie Lewis-Thomas(pty:dft). (Garcia, Carlos)
October 16, 2023 Filing 12 NOTICE of Attorney Appearance by Christopher David Brown on behalf of Sandy T Fox. Attorney Christopher David Brown added to party Sandy T Fox(pty:dft). (Attachments: #1 Certification DEFENDANT, SANDY T. FOXS CERTIFICATE OF INTERESTED PERSONS) (Brown, Christopher)
October 14, 2023 Opinion or Order Filing 11 ORDER denying #10 Expedited Motion for Extension of Time. Signed by Chief Judge Cecilia M. Altonaga on 10/14/2023. See attached document for full details. (ps1)
October 13, 2023 Filing 10 Defendant's EXPEDITED MOTION for Extension of Time Filed on Behalf of Circuit Court Judge Cuesta and Eleventh Judicial Circuit of Florida Unopposed re #1 Complaint, by Ivonne Cuesta, Eleventh Judicial Circuit Court of Florida. Attorney Martha Hurtado added to party Ivonne Cuesta(pty:dft), Attorney Martha Hurtado added to party Eleventh Judicial Circuit Court of Florida(pty:dft). (Attachments: #1 Text of Proposed Order Proposed Order)(Hurtado, Martha)
October 12, 2023 Opinion or Order Filing 9 ORDER that Defendants shall submit a single combined response or separate answers within the time allowed for the last-served Defendant to respond. Signed by Chief Judge Cecilia M. Altonaga on 10/12/2023. See attached document for full details. (ps1)
October 12, 2023 Opinion or Order Filing 8 Order Requiring Joint Scheduling Report and Certificates of Interested Parties by 11/3/2023. Signed by Chief Judge Cecilia M. Altonaga on 10/12/2023. See attached document for full details. (ps1)
October 12, 2023 Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Beth Colleen Martin. All Defendants. (Attachments: #1 Affidavit Service upon Eleventh Judicial Circuit of Florida, #2 Affidavit Service upon Hon. Cuesta, #3 Affidavit Service upon Dr. Lewis-Thomas, #4 Affidavit Service upon Fox)(Levin, Reid)
October 12, 2023 Opinion or Order Filing 6 ORDER requiring service be perfected by 12/19/2023. Signed by Chief Judge Cecilia M. Altonaga on 10/12/2023. See attached document for full details. (ps1)
October 6, 2023 Filing 5 Plaintiff's RESPONSE to #4 Order to Show Cause, by Beth Colleen Martin. (Levin, Reid)
September 29, 2023 Opinion or Order Filing 4 ORDER that on or before October 6, 2023, Plaintiff shall explain why the claims against Judge Cuesta in Counts I and III, which include requests for attorney's fees and costs, are not barred by judicial immunity. Signed by Chief Judge Cecilia M. Altonaga on 9/28/2023. See attached document for full details. (wc)
September 20, 2023 Filing 3 Summons Issued as to Ivonne Cuesta, Eleventh Judicial Circuit Court of Florida, Sandy T Fox, Sherrie Lewis-Thomas. (pc)
September 20, 2023 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. (pc)
September 20, 2023 Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-16933636, filed by Beth Colleen Martin. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Eleventh Judicial Circuit, #3 Summon(s) Hon. Cuesta, #4 Summon(s) Fox, #5 Summon(s) Lewis-Thomas, #6 Exhibit A, #7 Exhibit B, #8 Exhibit C, #9 Exhibit D)(Levin, Reid)

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Plaintiff: Beth Colleen Martin
Represented By: Reid Elliot Levin
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Defendant: Eleventh Judicial Circuit Court of Florida
Represented By: Martha Hurtado
Represented By: Barbara Ann Junge
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Defendant: Hon. Ivonne Cuesta
Represented By: Martha Hurtado
Represented By: Barbara Ann Junge
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Defendant: Sandy T Fox
Represented By: Christopher David Brown
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Defendant: Sherrie Lewis-Thomas
Represented By: Jason A. Glusman
Represented By: Carlos A Garcia
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