Jane Doe v. City of Miami, Florida et al
Plaintiff: Jane Doe
Defendant: City of Miami, Johanna Garcia, Shrieff Swan, Ruben Gonzalez and City of Miami, Florida
Case Number: 1:2023cv23712
Filed: September 28, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Jonathan Goodman
Referring Judge: Robert N Scola
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on November 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 15, 2023 Filing 24 Defendant's MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM by City of Miami, Florida. Responses due by 11/29/2023 (Fernandez, Brandon)
November 15, 2023 Opinion or Order Filing 23 PAPERLESS ORDER denying as moot #15 Plaintiff's Motion for Default Judgment as a result of Judge Scola's Order Granting Defendant's Motion to Set Aside Clerk's Default #22 . Signed by Magistrate Judge Jonathan Goodman on 11/15/2023. (cpa)
November 14, 2023 Opinion or Order Filing 22 ORDER GRANTING MOTION TO SET ASIDE CLERKS DEFAULT. Accordingly, the Court grants the City's motion to set aside the clerk's default. (Mot., ECF No. #20 ) The City must separately refile its proposed motion to dismiss by November 16, 2023. Finally, the Plaintiff's related, unopposed motion to stay the time for her to file the response required by the Court's order on default judgment procedure is denied as moot. (ECF No. #21 ) Signed by Senior District Judge Robert N Scola, Jr on 11/14/2023. See attached document for full details. (nan)
November 14, 2023 Filing 21 Unopposed MOTION to Stay re #16 Order, by Jane Doe. Responses due by 11/28/2023 (Attachments: #1 Text of Proposed Order)(Kollin, Gary)
November 10, 2023 Filing 20 Defendant's MOTION to Set Aside Default (Clerk's Default) by City of Miami, Florida. (Attachments: #1 Exhibit Proposed Motion to Dismiss, #2 Text of Proposed Order Proposed Order)(Fernandez, Brandon)
November 10, 2023 Filing 19 NOTICE of Attorney Appearance by Brandon Luis Fernandez on behalf of City of Miami, Florida. Attorney Brandon Luis Fernandez added to party City of Miami, Florida(pty:dft). (Fernandez, Brandon)
November 6, 2023 Opinion or Order Filing 18 Order Referring Motion to Magistrate Judge. ORDER REFERRING #15 Plaintiff's MOTION for Default Judgment against City of Miami filed by Jane Doe. Motions referred to Judge Jonathan Goodman. Signed by Judge Robert N. Scola, Jr on 11/6/2023. See attached document for full details. (nan)
November 2, 2023 Filing 17 NOTICE of Compliance re #16 Order. A copy of the order, DE#16 was mailed to the Defendant, City of Miami. (nan)
November 2, 2023 Opinion or Order Filing 16 ORDER ON DEFAULT JUDGMENT PROCEDURE. Plaintiff's failure to file for a Motion for Default Judgment or Notice of Joint Liability within the specified time will result in a dismissal without prejudice as to these Defendants. The Court directs the Clerk to mail copies of this order to any Defendant who has not appeared at the address(es) listed below. Signed by Judge Robert N. Scola, Jr on 11/2/2023. See attached document for full details. (nan)
November 2, 2023 Filing 15 Plaintiff's MOTION for Default Judgment against City of Miami by Jane Doe. (Attachments: #1 Text of Proposed Order)(Kollin, Gary)
November 1, 2023 Filing 14 SET ASIDE. Clerk's Entry of Default as to City of Miami, Florida - Motions Terminated: #13 Motion for Clerks Entry of Default Signed by DEPUTY CLERK on 11/2/2023. (ebz) Modified per DE #22 Order on 11/15/2023 (ebz).
November 1, 2023 Filing 13 Plaintiff's MOTION for Clerk's Entry of Default as to City of Miami, Florida by Jane Doe. (Kollin, Gary)
November 1, 2023 Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jane Doe. City of Miami, Florida served on 10/3/2023, response/answer due 10/25/2023. (Kollin, Gary)
October 31, 2023 Filing 11 NOTICE of Compliance re #10 Order. A copy of the order, DE#10 was mailed to the Defendants. (nan)
October 31, 2023 Opinion or Order Filing 10 Order on Clerks Default Procedure. In order to resolve this case justly, swiftly, and economically the Court orders the Plaintiff to submit a Motion for Entry of Clerk's Default by November 7, 2023, consistent with Federal Rule of Civil Procedure 55(a). The Court directs the Clerk to mail copies of this order to any Defendant who has not appeared at the address(es) listed below. Signed by Judge Robert N. Scola, Jr on 10/31/2023. See attached document for full details. (nan)
October 5, 2023 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jane Doe. City of Miami, Florida served on 10/4/2023, response/answer due 10/25/2023. (Kollin, Gary)
October 5, 2023 Filing 8 REQUEST FOR WAIVER of Service sent to Johanna Garcia on 10/2/2023 by Jane Doe. Waiver of Service due by 12/1/2023. (Kollin, Gary)
October 5, 2023 Filing 7 REQUEST FOR WAIVER of Service sent to Ruben Gonzalez on 10/2/2023 by Jane Doe. Waiver of Service due by 12/1/2023. (Kollin, Gary)
October 5, 2023 Filing 6 REQUEST FOR WAIVER of Service sent to Shrieffs Swan on 10/2/2023 by Jane Doe. Waiver of Service due by 12/1/2023. (Kollin, Gary)
October 3, 2023 Opinion or Order Filing 5 MAGISTRATE JUDGE GOODMAN'S DISCOVERY PROCEDURES ORDER. Signed by Magistrate Judge Jonathan Goodman on 10/3/2023. See attached document for full details. (fbn)
October 2, 2023 Opinion or Order Filing 4 Order Requiring Discovery and Scheduling Conference and Order Referring Discovery Matters to the Magistrate Judge. ORDER REFERRING CASE to Magistrate Judge Jonathan Goodman for Discovery Matters. Signed by Judge Robert N. Scola, Jr on 10/2/2023. See attached document for full details. (nan)
September 29, 2023 Filing 3 Summons Issued as to City of Miami, Florida, Johanna Garcia, Ruben Gonzalez, Shrieff Swan. (nan)
September 28, 2023 Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (nan)
September 28, 2023 Filing 1 Complaint pursuant to 42 USC 1983 JANE DOE against All Defendants. Filing fee $ 402.00 receipt number AFLSDC-16955071, filed by Jane Doe. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Summon(s), #4 Summon(s), #5 Summon(s))(Kollin, Gary)

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Search for this case: Jane Doe v. City of Miami, Florida et al
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Plaintiff: Jane Doe
Represented By: Gary Kollin
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Defendant: City of Miami
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Defendant: Johanna Garcia
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Defendant: Shrieff Swan
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Defendant: Ruben Gonzalez
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Defendant: City of Miami, Florida
Represented By: Brandon Luis Fernandez
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