La Salle Educational Center, Homestead, Inc. v. City of Homestead, Florida
| La Salle Educational Center, Homestead, Inc. |
| City of Homestead, Florida |
| 1:2025cv24232 |
| September 16, 2025 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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Filing 38
PAPERLESS ORDER REOPENING CASE. This action was previously stayed to allow the Parties to execute the terms of the Joint Stipulation (ECF No. 24). Despite multiple extensions of the stay, the Parties have been unable to resolve all issues related to the Certificate of Occupancy. See (ECF No. 37) at 2. Accordingly, the stay is LIFTED. The Clerk of Court is INSTRUCTED to REOPEN this case. The Parties are DIRECTED to file a joint scheduling report on or before March 20, 2026. The Court's referral to Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law and/or to issue a Report and Recommendation with respect to La Salle's request for a preliminary injunction (ECF No. 11) is hereby reinstated, and a hearing on the matter will be set by separate order by Magistrate Judge Elfenbein pursuant to her procedures. See (ECF No. 14) at 11. Signed by Judge K. Michael Moore on 3/13/2026. (ss02)
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| Set/Reset Deadlines/Hearings per DE 38 Order. Joint Scheduling Report due by 3/20/2026 (amb) |
| Filing 37 STATUS REPORT Joint Status Report by La Salle Educational Center, Homestead, Inc. (Margolis, Matthew) |
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Filing 36
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Status Report and Second Request to Extend Temporary Restraining Order, Stay of Case and for Other Relief. #35 . The Court previously entered a Temporary Restraining Order ("TRO") that was set to expire on January 1, 2026 (ECF No. 14), and a stay of the case that was set to expire on January 12, 2026 (ECF No. 25). On December 31, 2025, the Court extended the stay and expiration of the TRO until February 11, 2026. (ECF No. 31). The Parties now state that they attended mediation on February 6, 2026, but are still "explor[ing] settlement opportunities" and "remain dedicated to resolving this matter and are taking steps to an amicable resolution." (ECF No. 35) at 2. Thus, the Parties seek to extend the stay and expiration of the TRO for thirty (30) days to complete mediation. Id. For the reasons provided in the Joint Status Report, the Court finds it appropriate to extend the stay and expiration of the TRO. Accordingly, UPON CONSIDERATION of the Joint Status Report, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that this case is STAYED until March 13, 2026, to allow the Parties to execute the terms of the Joint Stipulation (ECF No. 24). The TRO is hereby EXTENDED until the earlier of March 13, 2026, or the issuance of the Certificate of Occupancy for E Designation. The Parties are cautioned that indefinite stays will not be granted in this matter, and the Parties should endeavor to reconvene to discuss and explore settlement opportunities as soon as possible within the period of the stay, rather than five days prior to the expiration of the same as occurred on February 6, 2026. Further extensions of the stay and expiration of the TRO will only be granted upon exceptional and compelling circumstances. Signed by Judge K. Michael Moore on 2/11/2026. (ss02)
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| Filing 35 STATUS REPORT AND SECOND REQUEST TO EXTEND TEMPORARY RESTRAINING ORDER, STAY OF CASE AND FOR OTHER RELIEF by La Salle Educational Center, Homestead, Inc. (Margolis, Matthew) |
| Filing 34 Defendant's NOTICE of Mediation by City of Homestead, Florida (Stettin, Eric) |
| Filing 33 Notice of Entry of Parties Listed NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Jeffrey Colbath. (Stettin, Eric) |
| Filing 32 NOTICE of Attorney Appearance by Amanda Ann Pulido on behalf of City of Homestead, Florida. Attorney Amanda Ann Pulido added to party City of Homestead, Florida(pty:dft). (Pulido, Amanda) |
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Filing 31
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Status Report and Request to Extend Temporary Restraining Order and Stay of Case. #28 . The Court previously entered a Temporary Restraining Order ("TRO") that is set to expire on January 1, 2026 (ECF No. 14), and a stay of the case that is set to expire on January 12, 2026 (ECF No. 25). The Parties now state that mediation is scheduled for January 23, 2026, and therefore request that the Court extend the stay and expiration of the TRO for thirty (30) days from the current expiration of the stay, through February 11, 2026. Id. at 2. For the reasons provided in the Joint Status Report, the Court finds it appropriate to extend the stay and expiration of the TRO. Accordingly, UPON CONSIDERATION of the Joint Status Report, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that this case is STAYED until February 11, 2026, to allow the Parties to execute the terms of the Joint Stipulation (ECF No. 24). The TRO is hereby EXTENDED until the earlier of February 11, 2026, or the issuance of the Certificate of Occupancy for E Designation. The Parties are DIRECTED to file a status report on or before February 11, 2026, advising the Court of their progress and whether the stay and/or TRO should be extended. Signed by Judge K. Michael Moore on 12/31/2025. (ss02)
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| Filing 30 Clerk's Notice to Filer re #29 Notice (Other). Parties/Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ebz) |
| Filing 29 NOTICE of Mediation by City of Homestead, Florida (Stettin, Eric) |
| Filing 28 STATUS REPORT Joint by City of Homestead, Florida (Stettin, Eric) |
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Filing 27
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Notice. #26 . Therein, Plaintiff filed a letter to United States Magistrate Judge Marty Fulgueira Elfenbein seeking a telephone conference on the status of the Parties' Joint Stipulation Regarding Plaintiff's Motion for Temporary Injunction (ECF No. 24). See generally (ECF No. 26). Local Rule 7.7 provides that "[u]nless invited or directed by the presiding Judge, attorneys and parties shall not: (a) address or present to the Court in the form of a letter or the like any application requesting relief in any form, citing authorities, or presenting arguments." Additionally, this Court's Paperless Pretrial Order (ECF No. 7) states that "[t]elephonic appearances are not permitted for any purpose." Accordingly, UPON CONSIDERATION of the Notice, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Notice #26 is STRICKEN. If Plaintiff wishes to renew its request reflected in the letter, it may do so in the form of a motion for relief in compliance with the Local Rules. Signed by Judge K. Michael Moore on 12/15/2025. (ss02)
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| Filing 26 STRICKEN NOTICE by La Salle Educational Center, Homestead, Inc. re #24 Stipulation (Margolis, Matthew) Modified text on 12/16/2025 (ksr). Per DE 27 . |
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Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Parties' Joint Stipulation Regarding Plaintiff's Motion for Temporary Injunction. #24 . Therein, the Parties state that while Plaintiff's requested preliminary injunction remains pending, "the Parties have resolved certain matters relating to the submission and review of architectural plans and the timelines for Certificate of Occupancy approval" that is the basis for injunctive relief. Id. at 1-2. Therefore, the Parties reserving all rights, claims, and defenses nevertheless "wish to avoid the cost and expense of an Injunction Hearing and/or further briefing on any motion related to this proposed Injunction" as set forth in the Joint Stipulation. Id. at 2. Accordingly, UPON CONSIDERATION of the Joint Stipulation, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that this action is STAYED for ninety (90) days to allow the Parties to execute the terms of the Joint Stipulation. All terms set forth in the Joint Stipulation are INCORPORATED herein. As stipulated to, the terms of Temporary Restraining Order previously entered by this Court (ECF No. 14) shall remain in force until any of the triggering events described in paragraph 7 of the Joint Stipulation occur. The Parties are DIRECTED to file a status report ninety (90) days from this Order advising the Court of their progress and whether the stay should be extended. Plaintiff's Motion for Contempt #18 is DENIED WITHOUT PREJUDICE. Plaintiff may renew its request for this relief if necessary should the stay be lifted and the case proceed. The preliminary injunction hearing set for October 15, 2025 at 9:30 a.m. before Magistrate Judge Marty Fulgueira Elfenbein is CANCELLED. The Clerk of Court is INSTRUCTED to ADMINISTRATIVELY CLOSE this case. Signed by Judge K. Michael Moore on 10/14/2025. (ss01)
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| Filing 24 STIPULATION Regarding Plaintiff's Motion for Temporary Injunction by City of Homestead, Florida (Stettin, Eric) |
| Filing 23 NOTICE of Attorney Appearance by Eric Lawrence Stettin on behalf of City of Homestead, Florida. Attorney Eric Lawrence Stettin added to party City of Homestead, Florida(pty:dft). (Stettin, Eric) |
| Filing 22 AFFIDAVIT signed by: Michael Scaramuzzo II re #11 EMERGENCY Motion for Temporary Restraining Order and Preliminary Injunction by La Salle Educational Center, Homestead, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(Margolis, Matthew) |
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Filing 21
PAPERLESS ORDER. THIS CAUSE is before the Court on Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction (the "Motion"), ECF No. #11 . The Honorable K. Michael Moore referred this case to me "to take all necessary and proper action as required by law and/or to issue a Report and Recommendation with respect to La Salle's request for a preliminary injunction." See ECF No. #14 at 11. In light of the limited duration of any temporary restraining order under Fed. R. Civ. P. 65(b)(2), and Plaintiff's counsel's assertions that Defendant has been served with: (1) Plaintiff's Motion for Contempt, see ECF No. [18-2] at 5; (2) the Order Granting Plaintiff a Temporary Restraining Order, see id. at 7; and (3) the Paperless Order Regarding the Scheduling of a Preliminary Injunction Hearing, see ECF No. #19 , the preliminary injunction hearing is hereby scheduled to take place in Courtroom 5 of the C. Clyde Atkins United States Courthouse, 301 North Miami Avenue, Miami, Florida 33128, on October 15, 2025, at 9:30 a.m. before United States Magistrate Judge Marty Fulgueira Elfenbein. The Parties must appear in person for the hearing. The Parties are further directed to comply with the briefing schedule set forth in the Order Granting a Temporary Restraining Order, ECF No. #14 at 12. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 10/8/2025. (MFE)
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Filing 20
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte review of the record. On September 30, 2025, Plaintiff filed a Motion for Contempt with a supporting affidavit from Matthew Margolis. (ECF Nos. 15, 16). On October 1, 2025, Plaintiff filed a Motion to Amend/Correct the Motion for Contempt and Margolis Affidavit, which on its face appears to be the revised Motion and Affidavit that Plaintiff wishes to be operative. (ECF No. 18). Accordingly, the original Motion #15 and supporting Affidavit #16 are STRICKEN as erroneous and duplicative. The documents filed at (ECF No. 18) will be considered operative, and the deadlines to respond and reply shall be calculated based on the October 1, 2025 date of this latter filing. Signed by Judge K. Michael Moore on 10/2/2025. (ss01)
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| Filing 19 NOTICE of Compliance by La Salle Educational Center, Homestead, Inc. re 17 Order,,,,,, (Margolis, Matthew) |
| Filing 18 MOTION to Amend/Correct #16 Affidavit, #15 MOTION for Contempt , MOTION for Contempt by La Salle Educational Center, Homestead, Inc.. Responses due by 10/15/2025. (Attachments: #1 Memorandum, #2 Declaration of Matthew Margolis, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Proposed Order)(Margolis, Matthew) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE is before the Court on Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction (the "Motion"), ECF No. #11 . The Honorable K. Michael Moore referred this case to me "to take all necessary and proper action as required by law and/or to issue a Report and Recommendation with respect to La Salle's request for a preliminary injunction." See ECF No. #14 at 11. In light of the limited duration of any temporary restraining order under Fed. R. Civ. P. 65(b)(2), Plaintiff SHALL serve Defendant with a copy of this Paperless Order and file a certificate of service by October 1, 2025. According to the Declaration of Matthew Margolis, Esq., Plaintiff's counsel has served Defendant and been in contact with Defendant's counsel. See ECF No. 16. Accordingly, upon service of this Paperless Order, Plaintiff's counsel shall contact Defendant's counsel to obtain at least three (3) dates of mutual availability for a preliminary injunction hearing to be held within the next fourteen (14) days. For each date, the Parties shall specify whether they are available in the morning, afternoon, or all day. On or before October 2, 2025, Plaintiff's counsel shall email chambers at [email protected] with the mutually agreed-upon dates and corresponding availability. The Parties are advised that the TRO is of limited duration, and the Court expects strict compliance with these deadlines so that a hearing may be set within the fourteen-day window. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 10/1/2025. (MFE)
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| Filing 16 STRICKEN per DE 20 . AFFIDAVIT signed by: Matthew Margolis re #15 MOTION for Contempt by La Salle Educational Center, Homestead, Inc. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D)(Margolis, Matthew) Modified on 10/2/2025 (pcs). |
| Filing 15 STRICKEN per DE 20 . MOTION for Contempt by La Salle Educational Center, Homestead, Inc.. Responses due by 10/14/2025. (Attachments: #1 Memorandum, #2 Text of Proposed Order)(Margolis, Matthew) Modified on 10/2/2025 (pcs). |
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Filing 14
ORDER GRANTING #11 Motion for Temporary Restraining Order, DEFERRING #11 Motion for Preliminary Injunction. Signed by Judge K. Michael Moore on 9/25/2025. See attached document for full details. (ss01)
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| Filing 13 AFFIDAVIT in Support re #11 EMERGENCY MOTION with Certification of Emergency included filed by La Salle Educational Center, Homestead, Inc.. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit, #10 Exhibit, #11 Exhibit, #12 Exhibit, #13 Exhibit, #14 Exhibit, #15 Exhibit, #16 Exhibit, #17 Exhibit, #18 Exhibit, #19 Exhibit, #20 Exhibit, #21 Exhibit, #22 Exhibit, #23 Exhibit, #24 Exhibit, #25 Exhibit)(Margolis, Matthew) |
| Filing 12 AFFIDAVIT in Support re #11 EMERGENCY MOTION with Certification of Emergency included filed by La Salle Educational Center, Homestead, Inc.. (Margolis, Matthew) |
| Filing 11 EMERGENCY Motion for Temporary Restraining Order and Preliminary Injunction by La Salle Educational Center, Homestead, Inc.. Responses due by 10/7/2025. (Attachments: #1 Memorandum, #2 Proposed Order)(Margolis, Matthew) Text Modified on 9/24/2025 (amb). |
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Filing 10
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/19/2025. See attached document for full details. (ebz)
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing filed on behalf of Eric W. Treene #5 and Roman P. Storzer #6 . UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions #5 , #6 are GRANTED. Eric W. Treene and Roman P. Storzer may appear pro hac vice in this matter on behalf of La Salle Educational Center, Homestead, Inc. The Clerk of Court shall provide electronic notification of all electronic filings to Eric W. Treene at [email protected] and Roman P. Storzer at [email protected]. Signed by Judge K. Michael Moore on 9/19/2025. (ss01)
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. 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 Marty Fulgueira Elfenbein 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 Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 9/18/2025. (ss01)
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Filing 7
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 9/18/2025. (ss01)
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| Filing 6 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for ROMAN P. STORZER. Filing Fee $ 250.00 Receipt # AFLSDC-18799949 by La Salle Educational Center, Homestead, Inc.. Responses due by 10/2/2025. (Attachments: #1 Certification Roman P. Storzer, #2 Proposed Order)(Margolis, Matthew) |
| Filing 5 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Eric W. Treene. Filing Fee $ 250.00 Receipt # AFLSDC-18799251 by La Salle Educational Center, Homestead, Inc.. Responses due by 10/2/2025. (Attachments: #1 Certification Certification of Eric W. Treene, #2 Proposed Order)(Margolis, Matthew) |
| Filing 4 Bar Letter re: Admissions sent to attorney Roman P. Storzer and Eric W. Treene, mailing date September 19, 2025, (pt) |
| Filing 3 Summons Issued as to City of Homestead, Florida. (ebz) |
| 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 Marty Fulgueira Elfenbein 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. (ebz) |
| Filing 1 COMPLAINT against City of Homestead, Florida. Filing fees $ 405.00 receipt number AFLSDC-18793397, filed by La Salle Educational Center, Homestead, Inc.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Margolis, Matthew) |
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| Plaintiff: La Salle Educational Center, Homestead, Inc. | |
| Represented By: | Matthew Aaron Margolis |
| Represented By: | Roman P. Storzer |
| Represented By: | Eric W. Treene |
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| Defendant: City of Homestead, Florida | |
| Represented By: | Eric Lawrence Stettin |
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