DOE v. City of Vero Beach
Plaintiff: JOHN DOE
Defendant: City of Vero Beach
Case Number: 2:2019cv14212
Filed: June 19, 2019
Court: US District Court for the Southern District of Florida
Presiding Judge: Shaniek M Maynard
Referring Judge: Robin L Rosenberg
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Both
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Docket Report

This docket was last retrieved on September 10, 2019. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 9, 2019 Opinion or Order Filing 22 ORDER SETTING DISCOVERY STATUS CONFERENCE AND ORDER REQUIRING JOINT DISCOVERY STATUS REPORT. (Final Discovery Status Conference set for 1/16/2020 02:30 PM in Fort Pierce Division before Magistrate Judge Shaniek M. Maynard). ( Joint Discovery Status Report due by 1/13/2020). Signed by Magistrate Judge Shaniek M. Maynard on 8/9/2019. See attached document for full details. (ar2)
August 8, 2019 Opinion or Order Filing 21 ORDER granting #3 Motion to Dismiss for Failure to State a Claim. (Amended Complaint due by 8/19/2019.) Signed by Judge Robin L. Rosenberg on 8/8/2019. See attached document for full details. (jao)
August 8, 2019 Filing 20 PAPERLESS Minute Entry for proceedings held before Judge Robin L. Rosenberg: Telephone Conference held on 8/8/2019. Total time in court: 20 minutes. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (mg)
August 8, 2019 Opinion or Order Filing 19 SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: ( Discovery due by 2/10/2020., Dispositive Motions due by 3/9/2020.), ( Mediation Deadline 4/8/2020.) Signed by Judge Robin L. Rosenberg on 8/8/2019. See attached document for full details. (jao) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
August 7, 2019 Opinion or Order Filing 18 PAPERLESS ORDER. The Motion Hearing on the Motion to Dismiss, previously scheduled at DE 14, is hereby cancelled. However, the Court will hold a telephonic status conference in this case at the same time. Accordingly, a Telephonic Status Conference is set for 8/8/2019 at 10:00 AM in West Palm Beach. When appearing by phone, counsel may not use a speakerphone to conduct the call and must conduct the call in a quiet environment without excessive background noise. Instructions for appearing via telephone are as follows: (1) Please call five (5) minutes prior to the Status Conference. (2) The toll-free number is: 1 (877) 873-8018. (3) The access code is: 9890482. (4) The security code is: 4008. Signed by Judge Robin L. Rosenberg on 8/7/2019. (kbs)
August 6, 2019 Filing 17 Joint SCHEDULING REPORT - Rule 16.1 by City of Vero Beach (Bradford, Gail)
August 4, 2019 Opinion or Order Filing 16 PAPERLESS ORDER. Counsel (or a pro se party) may appear at the Motion Hearing set at DE 14 via telephone but must file a notice of telephonic appearance at least one (1) day prior to the Hearing. The notice must include a certification that (1) counsel will not use a speakerphone to conduct the call and (2) counsel will conduct the call in a quiet environment without excessive background noise. Instructions for appearing via telephone are as follows: (1) Please call five (5) minutes prior to the Status Conference. (2) The toll-free number is: 1 (877) 873-8018. (3) The access code is: 9890482. (4) The security code is: 4008. Signed by Judge Robin L. Rosenberg on 8/4/2019. (kbs)
August 2, 2019 Filing 15 REPLY to Response to Motion re #3 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by City of Vero Beach. (Bradford, Gail)
August 2, 2019 Opinion or Order Filing 14 PAPERLESS ORDER Setting Hearing on #3 MOTION TO DISMISS for 8/8/2019 at 10:00 AM in Fort Pierce before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 8/2/2019. (kbs)
July 26, 2019 Filing 13 RESPONSE in Opposition re #3 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM filed by JOHN DOE. Replies due by 8/2/2019. (Jefferson, Bradford)
July 22, 2019 Opinion or Order Filing 12 PAPERLESS ORDER TO SHOW CAUSE. Defendant filed its #3 Motion to Dismiss on June 26, 2019. Plaintiff's response to the Motion was therefore due on July 11. To date, no response has been recorded in the record. As a result, Plaintiff is ordered to show cause as to why the Motion to Dismiss should not be granted by default or file a response to the Motion by no later than July 26th. The Court is aware that Plaintiff's counsel filed a Notice of Unavailability for the dates of July 11-July 26. DE 5. Nonetheless, the Court also notes that the Motion to Dismiss had already been pending for more than a week before the Notice was filed, providing time for Plaintiff's counsel to respond to the Motion or to seek an extension of time to respond. Failure to timely respond to this Order or to file a response to the Motion may result in the Motion to Dismiss being granted by default. Signed by Judge Robin L. Rosenberg on 7/22/2019. (kbs)
July 18, 2019 Opinion or Order Filing 11 PAPERLESS ORDER granting #10 Motion for Extension of Time. Joint Scheduling Report due August 7, 2019. Signed by Judge Robin L. Rosenberg on 7/18/2019. (kbs)
July 18, 2019 Reset Deadlines Per DE#11. Joint Scheduling Report due by 8/7/2019 (cqs)
July 16, 2019 Filing 10 MOTION for Extension of Time To Complete Joint Scheduling Report re #4 Scheduling Order,,, Order Referring Case to Magistrate Judge,, by City of Vero Beach. Responses due by 7/30/2019 (Bradford, Gail)
July 16, 2019 Filing 9 REPORT REGARDING Removal Status by City of Vero Beach (Bradford, Gail)
July 9, 2019 Filing 8 CERTIFICATE OF SERVICE by JOHN DOE (Jefferson, Bradford)
July 9, 2019 Filing 7 NOTICE OF UNAVAILABILITY by JOHN DOE for dates of July 11, 2019 - July 26, 2019 (Jefferson, Bradford)
July 8, 2019 Opinion or Order Filing 6 ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek M. Maynard on 7/8/2019. See attached document for full details. (mc)
July 3, 2019 Filing 5 NOTICE OF COURT PRACTICE IN REMOVAL CASES. Signed by Judge Robin L. Rosenberg on 7/3/2019. See attached document for full details. (kpe)
July 3, 2019 Opinion or Order Filing 4 ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, AND TRIAL DATE, ORDER OF REQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: ( Jury Trial set for 6/8/2020 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 6/3/2020 09:00 AM before Judge Robin L. Rosenberg., Status Conference set for 4/22/2020 09:30 AM before Judge Robin L. Rosenberg.) Signed by Judge Robin L. Rosenberg on 7/3/2019. See attached document for full details. (kpe) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
June 26, 2019 Filing 3 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by City of Vero Beach. Responses due by 7/10/2019 (Bradford, Gail)
June 19, 2019 Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ebz)
June 19, 2019 Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Class Action Complaint for Violation of Constitutional Rights) Filing fee $ 400.00 receipt number 113C-11742746, filed by City of Vero Beach. No Motion to Dismiss and/or Answer has been attached. (Attachments: #1 Civil Cover Sheet Federal Civil Cover Sheet, #2 Civil Cover Sheet State Court Civil Cover Sheet, #3 Summon(s) State Court Summons, #4 Docket Sheet State Court Docket, #5 Exhibit State Court Complaint, #6 Exhibit Other State Court Documents)(Bradford, Gail) Modified on 6/19/2019 (ebz).

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Defendant: City of Vero Beach
Represented By: Gail C. Bradford
Represented By: William Edward Lawton
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Plaintiff: JOHN DOE
Represented By: Bradford L Jefferson
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