Payne Klock et al v. Miami-Dade County
| Nathaniel M. Payne Klock and Joseph P. Klock, Jr. |
| Miami-Dade County |
| 1:2023cv24908 |
| December 27, 2023 |
| US District Court for the Southern District of Florida |
| Melissa Damian |
| K Michael Moore |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| Both |
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Filing 12
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Notice of Voluntary Dismissal. #11 . Rule 41(a)(1)(A) of the Federal Rules of Civil Procedure allows a plaintiff to voluntarily dismiss a claim prior to a defendant's filing of an answer or a motion for summary judgment, or after an answer has been filed where the dismissal bears the signatures of both parties. Fed. R. Civ. P. 41(a)(1)(A)(i). In this case, neither an answer nor a motion for summary judgment has been filed. Because the Notice #11 does not state that the dismissal is with prejudice, and because the Parties have not informed the Court whether Plaintiffs previously dismissed any federal or state court action based on or including the same claim, this cause is dismissed without prejudice. See Fed. R. Civ. P. 41(a)(1)(B). Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the above-styled cause is hereby DISMISSED WITHOUT PREJUDICE. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 1/29/2024. (mh02)
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| Filing 11 NOTICE of Voluntary Dismissal by Joseph P. Klock, Jr., Nathaniel M. Payne Klock (Klock, Joseph) |
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Filing 10
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motion for Extension of Time to File Response to Motion to Dismiss. #9 . Therein, Plaintiffs request a brief extension of time to respond to Defendant's Motion to Dismiss #6 because Plaintiffs' counsel "became ill and was hospitalized in La Romana, Dominican Republic" earlier this month and "in the flurry of events, as well as weekends and holidays, counsel overlooked the fact that the motion to dismiss had been filed and did not focus on that until he and counsel for Defendant conferred as required by court order on scheduling." Id. at 1-2. Defendant does not oppose the requested extension. 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 #9 is GRANTED. Plaintiffs shall file their response to Defendant's Motion to Dismiss on or before January 28, 2024. Signed by Judge K. Michael Moore on 1/19/2024. (mh02)
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| Set Deadline as to #6 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), . Responses due by 1/28/2024. PER DE# 10 (cds) |
| Filing 9 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #6 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Joseph P. Klock, Jr., Nathaniel M. Payne Klock. Attorney Joseph Peter Klock, Jr added to party Joseph P. Klock, Jr.(pty:pla). (Attachments: #1 Text of Proposed Order)(Klock, Joseph) |
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Filing 8
ORDER Setting Discovery Procedures. Signed by Magistrate Judge Melissa Damian on 1/8/2024. See attached document for full details. (cos)
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| Filing 7 Unopposed MOTION to Stay all Deadlines and Discovery Pending Ruling on Case-Dispositive Motion to Dismiss by Miami-Dade County. Responses due by 1/19/2024 (Hochstadt, Jennifer) |
| Filing 6 Defendant's MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint), by Miami-Dade County. Responses due by 1/17/2024 (Hochstadt, Jennifer) |
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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 Damian's discovery procedures. Signed by Judge K. Michael Moore on 12/29/2023. (mh02)
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Filing 4
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. 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 within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. 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 possibility of 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. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. 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 12/29/2023. (mh02)
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| Filing 3 Clerk's Notice to Filer re: Electronic Case. Incorrect Party Role Selected. The Filer failed to select the correct party role. The correction was made. It is not necessary to re-file this document. (nwn) |
| 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. (nwn) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages) Filing fee $ 405.00 receipt number AFLSDC-17172121, filed by Miami-Dade County, a political subdivision of the State of Florida. (Attachments: #1 Civil Cover Sheet, #2 Exhibit State Court Complaint, #3 Exhibit State Court Docket, Filings, & Summons)(Hochstadt, Jennifer) No Answer/Motion to Dismiss Filed. Modified text and attachment description on 12/28/2023 (nwn). |
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