James v. Conley et al
| Thomas Raynard James and Jay James |
| Kevin Conley, Charles McCully, DETECTIVE KEVIN CONLEY and DETECTIVE CHARLES McCULLY |
| 1:2023cv24467 |
| November 23, 2023 |
| US District Court for the Southern District of Florida |
| Melissa Damian |
| K Michael Moore |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 19, 2024. A more recent docket listing may be available from PACER.
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| Filing 25 Clerk's Notice to Filer re #24 Unopposed MOTION for Extension of Time to extend time to respond to Defendants Motion to Dismiss the Complaint with Prejudice re #22 MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, . Filer Selected the Wrong Motion Relief(s); ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (ls) |
| Filing 24 Unopposed Motion for Extension of Time to File Response/Reply/Answer as to #22 MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, by Thomas Raynard James. Responses due by 2/2/2024. (Attachments: #1 Text of Proposed Order)(Figgers, Natlie) Modified Relief on 1/19/2024 (ls). |
| Filing 23 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 Thomas Raynard James. (Figgers, Natlie) |
| Filing 22 MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, by DETECTIVE KEVIN CONLEY, DETECTIVE CHARLES McCULLY. Attorney Erica Sunny Shultz Zaron added to party DETECTIVE KEVIN CONLEY(pty:dft). Responses due by 1/25/2024. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Zaron, Erica) |
| Filing 21 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 Thomas Raynard James. DETECTIVE KEVIN CONLEY served on 12/21/2023, response/answer due 1/11/2024. (Figgers, Natlie) |
Filing 20
ORDER Setting Discovery Procedures. Signed by Magistrate Judge Melissa Damian on 1/5/2024. See attached document for full details. (oco)
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Filing 19
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant McCully's Unopposed Motion for Extension of Time to Respond to Complaint. #18 . Therein, Defendant Charles McCully requests a brief extension of time to file a response so that he can have the same deadline as his co-Defendant, because both Defendants are represented by the same counsel and would like to file a combined response to streamline resources. See generally id. Plaintiff does not oppose Defendant McCully's request. Id. at 2. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #18 is GRANTED. Defendant McCully shall file a response to Plaintiff's Complaint on or before January 11, 2024. Signed by Judge K. Michael Moore on 12/27/2023. (sdu)
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| Filing 18 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #1 Complaint 42 USC 1983 or Bivens, by DETECTIVE CHARLES McCULLY. Attorney Erica Sunny Shultz Zaron added to party DETECTIVE CHARLES McCULLY(pty:dft). (Zaron, Erica) |
| Filing 17 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 Thomas Raynard James. DETECTIVE CHARLES McCULLY served on 12/7/2023, response/answer due 12/28/2023. (Figgers, Natlie) |
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Filing 16
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Second Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Phillip E. Lewis. #15 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #15 is GRANTED. Phillip E. Lewis may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: pel@pr-lawfirm.com. Signed by Judge K. Michael Moore on 12/4/2023. (sdu)
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| Filing 15 Second MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Phillip E. Lewis. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See #10 Motion to Appear Pro Hac Vice, by Thomas Raynard James. Responses due by 12/15/2023 (Attachments: #1 Certification Certification PEL, #2 Text of Proposed Order Second Proposed Order PEL)(Figgers, Natlie) |
| Filing 14 CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorney's PACER account for attorney Natlie G. Figgers re #7 Notice of Change of Address, Email or Law Firm Name. (cw) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David S. Rudolf #9 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #9 is GRANTED. David S. Rudolf may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: dsr@pr-lawfirm.com. PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Phillip E. Lewis. #10 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 64 is DENIED WITHOUT PREJUDICE because the pro hac vice attorney did not include a certification that the applicant has studied the Local Rules, is a member in good standing of a qualifying bar, and has not filed more than three pro hac vice motions in different cases in this District within the last 365 days. Local counsel is instructed to file an updated pro hac vice motion that complies with the Local Rules. PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sonya Pfeiffer. #11 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #11 is GRANTED. Sonya Pfeiffer may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: spf@pr-lawfirm.com. Signed by Judge K. Michael Moore on 12/1/2023. (sdu)
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| Filing 12 CERTIFICATE of Counsel re #10 First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Phillip E. Lewis. Filing Fee $ 200.00 Receipt # AFLSDC-17110280 by Natlie G. Figgers on behalf of Thomas Raynard James (Figgers, Natlie) |
| Filing 11 First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Sonya Pfeiffer. Filing Fee $ 200.00 Receipt # AFLSDC-17110325 by Thomas Raynard James. Responses due by 12/14/2023 (Attachments: #1 Text of Proposed Order Proposed Order SP, #2 Certification Certification SP)(Figgers, Natlie) |
| Filing 10 First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Phillip E. Lewis. Filing Fee $ 200.00 Receipt # AFLSDC-17110280 by Thomas Raynard James. Responses due by 12/14/2023 (Attachments: #1 Certification Certification PEL, #2 Text of Proposed Order Proposed Order PEL)(Figgers, Natlie) |
| Filing 9 First MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for David S. Rudolf. Filing Fee $ 200.00 Receipt # AFLSDC-17110044 by Thomas Raynard James. Responses due by 12/14/2023 (Attachments: #1 Text of Proposed Order Proposed Order DSR, #2 Certification Certification DSR)(Figgers, Natlie) |
| Filing 8 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Natlie G. Figgers re #7 Notice of Change of Address, Email or Law Firm Name. Attorney Natlie G. Figgers has not completed the required procedures for updating their information with the Court. After filing something in any pending cases, Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt) |
| Filing 7 NOTICE of Change of Address, Email or Law Firm Name by Natlie G. Figgers (Figgers, Natlie) |
| Filing 6 NOTICE of Attorney Appearance by Natlie G. Figgers on behalf of Thomas Raynard James (Figgers, Natlie) |
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Filing 5
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MELISSA DAMIAN. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Melissa Damian to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Melissa Damian's discovery procedures. Signed by Judge K. Michael Moore on 11/28/2023. (sdu)
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Filing 4
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 11/28/2023. (sdu)
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| Filing 3 Summons Issued as to DETECTIVE KEVIN CONLEY, DETECTIVE CHARLES McCULLY. (rbe) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. 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. (rbe) |
| Filing 1 Complaint pursuant to 42 USC 1983 Denial of Fair Criminal Proceedings against All Defendants. Filing fee $ 402.00 receipt number AFLSDC-17095287, filed by Thomas Raynard James. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) Summons for Kevin Conley, #3 Summon(s) Summons for Charles McCully)(Figgers, Natlie) |
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