EPSTEIN v. Town of Surfside, Florida et al
| JOSHUA EPSTEIN |
| Town of Surfside, Florida, Shlomo Danzinger, Jeffrey Rose, Hector Gomez and Antonio Marciante |
| 1:2026cv20593 |
| January 29, 2026 |
| U.S. District Court for the Southern District of Florida |
| Melissa Damian |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Defendant |
Docket Report
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This docket was last retrieved on March 19, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 21 MOTION to Stay Discovery Pending Disposition of Motion to Dismiss Based on Qualified Immunity by Shlomo Danzinger, Hector Gomez, Antonio Marciante, Jeffrey Rose. Responses due by 4/2/2026. (Attachments: #1 Text of Proposed Order)(Wydler, Lourdes) |
| Filing 20 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Shlomo Danzinger, Hector Gomez, Antonio Marciante, Jeffrey Rose (Wydler, Lourdes) |
| Filing 19 Joint SCHEDULING REPORT - Rule 26(f) by JOSHUA EPSTEIN (Attachments: #1 Exhibit A - Proposed Scheduling Order, #2 Exhibit B - Election to Jurisdiction by a United States Magistrate Judge for Final Disposition of Motions Form)(Caprio, Courtney) |
| Filing 18 Plaintiff's NOTICE Certificate of Interested Parties by JOSHUA EPSTEIN (Caprio, Courtney) |
| Filing 17 Certificate of Other Affiliates/Corporate Disclosure Statement by Town of Surfside, Florida identifying Corporate Parent Florida Municipal Insurance Trust for Town of Surfside, Florida (Alexander, Scott) |
Filing 16
ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 3/18/2026 Signed by Judge Melissa Damian on 3/4/2026. See attached document for full details. (cwc)
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Filing 15
PAPERLESS ORDER Granting #14 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Motion to Dismiss. Finding good cause for the requested relief, and noting the Motion is unopposed, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Accordingly, Plaintiff shall have until March 31, 2026, to file a Response to the Motion to Dismiss. Responses due by 3/31/2026. Signed by Judge Melissa Damian on 3/4/2026. (oco)
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| Filing 14 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #13 Joint MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by JOSHUA EPSTEIN. Responses due by 3/17/2026. (Attachments: #1 Text of Proposed Order - Exhibit A)(Caprio, Courtney) |
| Filing 13 Joint MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Shlomo Danzinger, Hector Gomez, Antonio Marciante, Jeffrey Rose. Responses due by 3/16/2026. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Wydler, Lourdes) |
| Filing 12 ANSWER and Affirmative Defenses to Complaint with Jury Demand by Town of Surfside, Florida. (Alexander, Scott) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JOSHUA EPSTEIN. Jeffrey Rose served on 2/10/2026, response/answer due 3/3/2026. (Caprio, Courtney) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JOSHUA EPSTEIN. Shlomo Danzinger served on 2/7/2026, response/answer due 3/2/2026. (Caprio, Courtney) |
| Filing 9 NOTICE of Attorney Appearance by Lourdes Espino Wydler on behalf of Shlomo Danzinger, Hector Gomez, Antonio Marciante, Jeffrey Rose. Attorney Lourdes Espino Wydler added to party Shlomo Danzinger(pty:dft), Attorney Lourdes Espino Wydler added to party Hector Gomez(pty:dft), Attorney Lourdes Espino Wydler added to party Antonio Marciante(pty:dft), Attorney Lourdes Espino Wydler added to party Jeffrey Rose(pty:dft). (Wydler, Lourdes) |
| Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JOSHUA EPSTEIN. Antonio Marciante served on 1/31/2026, response/answer due 2/23/2026. (Caprio, Courtney) |
| 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 JOSHUA EPSTEIN. Town of Surfside, Florida served on 1/30/2026, response/answer due 2/20/2026. (Caprio, Courtney) |
| Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by JOSHUA EPSTEIN. Hector Gomez served on 1/30/2026, response/answer due 2/20/2026. (Caprio, Courtney) |
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Filing 5
PAPERLESS ORDER ON COURT PRACTICE IN CASES WITH MULTIPLE DEFENDANTS THIS CAUSE is before the Court upon a sua sponte review of the record. To better manage the orderly progress of the case, it is hereby ORDERED as follows:1. Plaintiff shall file proof of service, as to each Defendant, within seven (7) days of perfecting service on each Defendant. 2. Defendants shall file their responses and motions jointly. a. If there are conflicts of position, the co-Defendants shall file a motion for leave to file separate responses or motions, in which they must describe what those conflicts are.b. If the co-Defendants need more than twenty (20) pages for their joint responses or motions, they shall file a motion for leave to file excess pages, which the Court will consider expeditiously. 3. The co-Defendants may file separate answers to the Complaint. Unless otherwise ordered by the Court, the time for responsive pleadings--for all Defendants--begins to run once all Defendants have either (1) been served or (2) waived service. If the Defendants face response periods of different lengths--say, because one Defendant has been personally served whereas another has waived service--all Defendants will be subject to the longest of those response periods. 4. Although all Defendants will be subject to the longest of all response periods, each served Defendant must still file a notice of appearance within twenty-one (21) days of being served with the Complaint (or sixty (60) days if service is waived).5. Failure to comply with these procedures may result in sanctions, including the striking of the motion(s) or response(s). Signed by Judge Melissa Damian on 2/5/2026. (oco)
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| Filing 4 NOTICE of Attorney Appearance by Scott David Alexander on behalf of Town of Surfside, Florida. Attorney Scott David Alexander added to party Town of Surfside, Florida(pty:dft). (Alexander, Scott) |
| Filing 3 Summons Issued as to Shlomo Danzinger, Hector Gomez, Antonio Marciante, Jeffrey Rose, and Town of Surfside, Florida. (cwc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Melissa Damian. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ellen F. D'Angelo 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. (cwc) |
| Filing 1 COMPLAINT against Shlomo Danzinger, Hector Gomez, Antonio Marciante, Jeffrey Rose, Town of Surfside, Florida. Filing fees $ 405.00 receipt number AFLSDC-19167300, filed by JOSHUA EPSTEIN. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Civil Cover Sheet, #6 Summon(s), #7 Summon(s), #8 Summon(s), #9 Summon(s), #10 Summon(s))(Caprio, Courtney) |
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