Cash v. Snyder et al
| Daniel F Cash |
| Martin County Sheriff, Michael Fenton, William D. Snyder and Martin County |
| 2:2020cv14305 |
| September 1, 2020 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| K Michael Moore |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 28, 2020. A more recent docket listing may be available from PACER.
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Filing 29
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning July 6, 2021, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed Signed by Chief Judge K. Michael Moore on 10/28/2020. (tgr)
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Filing 28
PAPERLESS ORDER SCHEDULING TRIAL IN FORT PIERCE. This case is now set for trial commencing the two week trial period of July 6, 2021 at 9 a.m. at the United States District Courthouse, 101 South U.S. Highway 1, Ft. Pierce, Florida. All parties are directed to report to the calendar call on July 1, 2021 at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for June 22, 2021, at 11 a.m. The calendar call and the final pretrial conference will take place in Courtroom 13-1 (thirteenth floor), United States District Courthouse, 400 North Miami Avenue, Miami, Florida. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. 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 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. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 10/28/2020. (tgr)
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| Filing 27 Joint SCHEDULING REPORT - Rule 16.1 by Michael Fenton, Martin County, William D. Snyder (Jolly, Gregory) |
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Filing 26
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of a Notice of Voluntary Dismissal as to Defendant Martin County. #23 . Therein, Plaintiff states that it voluntarily dismisses Defendant Martin County from the above captioned cause without prejudice. Id. 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 as to Defendant Martin County. The Clerk of the Court is instructed to TERMINATE Defendant Martin County as a party to this case. It is further ORDERED AND ADJUDGED that Defendant Martin County's Motion to Dismiss Count IV of Plaintiff's Complaint is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 10/20/2020. (tgr)
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Filing 25
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of a First Amended Complaint. #24 . The First Amended Complaint moots Defendants Michael Fenton and William D. Snyder's Motion to Dismiss Plaintiff's Complaint #20 . Accordingly, UPON CONSIDERATION of the First Amended Complaint #24 , the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendants Michael Fenton and William D. Snyder's Motion to Dismiss Plaintiff's Complaint #20 is DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 10/20/2020. (tgr)
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| Filing 24 First AMENDED COMPLAINT for Damages against Michael Fenton, Martin County Sheriff, William D. Snyder filed in response to Order Granting Motion for Leave, filed by Daniel F Cash.(Wagner, Jordan) |
| Filing 23 NOTICE by Daniel F Cash Of Voluntary Dismissal as to Defendant Martin County only (Wagner, Jordan) |
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Filing 22
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion for Leave to File His First Amended Complaint for Damages. #21 . Plaintiff filed the Complaint #1 on September 1, 2020 and Defendants filed their Motions to Dismiss on September 30, 2020. #19 ; #20 . Accordingly, Plaintiff's Responses to the Motions to Dismiss are due on October 14, 2020 and Plaintiff may file an amended complaint as a matter of right before October 21, 2020. Now, Plaintiff requests leave to file his first amended complaint on or before October 30, 2020. #21 . As an initial matter, Plaintiff notes that it "is free to file an Amended Complaint" and requests the Court grant it leave to do so. However, Plaintiff is not requesting leave to file an amended complaint, but requesting that the Court extend the time to do so. Accordingly, Plaintiff is not requesting leave to file an amended complaint pursuant to Rule 15(a) of the Federal Rules of Civil Procedure, but requesting an extension of time pursuant to Rule 6(b) of the Federal Rules of Civil Procedure. Rule 6(b) provides that, when an act may or must be done within a specified time, Courts may extend the time for good cause. "To establish good cause, the party seeking the extension must establish that the schedule could not be met despite the party's diligence." Ashmore v. Sec'y, Dep't of Transp., 503 F. App'x 683, 685 (11th Cir. 2013); see also Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1419 (11th Cir. 1998). Here, Plaintiff has not shown good cause for an extension of the deadline to file an amended complaint as a matter of right because Plaintiff has not explained why it requires additional time to do so. Moreover, he fails to attach the proposed amended complaint to his Motion as required by the Local Rules and CM/ECF Administrative Procedures. See S.D. Fla. Local Rule 15.1; CM/ECF Admin. P. Section 3I(1). Accordingly, 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 #21 is DENIED. Signed by Chief Judge K. Michael Moore on 10/13/2020. (tgr)
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| Filing 21 Plaintiff's MOTION for Leave to File Amended Complaint by Daniel F Cash. (Wagner, Jordan) |
| Filing 20 MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM by Michael Fenton, William D. Snyder. Responses due by 10/14/2020 (Jolly, Gregory) |
| Filing 19 Defendant's MOTION TO DISMISS #1 Complaint FOR FAILURE TO STATE A CLAIM Upon Which Relief Can Be Granted by Martin County. Responses due by 10/14/2020 (Attachments: #1 Exhibit Proposed Order)(Arthur, Robert) |
| Filing 18 NOTICE of Attorney Appearance by Gregory James Jolly on behalf of Michael Fenton, Martin County, Martin County Sheriff, William D. Snyder. Attorney Gregory James Jolly added to party Michael Fenton(pty:dft), Attorney Gregory James Jolly added to party Martin County(pty:dft), Attorney Gregory James Jolly added to party Martin County Sheriff(pty:dft), Attorney Gregory James Jolly added to party William D. Snyder(pty:dft). (Jolly, Gregory) |
| Filing 17 NOTICE of Attorney Appearance by Richard A. Giuffreda on behalf of Michael Fenton, Martin County, Martin County Sheriff, William D. Snyder. Attorney Richard A. Giuffreda added to party Michael Fenton(pty:dft), Attorney Richard A. Giuffreda added to party Martin County(pty:dft), Attorney Richard A. Giuffreda added to party William D. Snyder(pty:dft). (Giuffreda, Richard) |
| Filing 16 NOTICE of Attorney Appearance by Robert David Arthur, II on behalf of Martin County. Attorney Robert David Arthur, II added to party Martin County(pty:dft). (Arthur, Robert) |
| Filing 15 Clerks Notice to Filer re #10 Summons Returned Executed,. Service Dates Not Entered; ERROR - The service dates were not entered. The correction was made by the Clerk and filing was re-docketed, see 14 Summons Returned Executed. It is not necessary to refile this document. (pes) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Michael Fenton served on 9/9/2020, answer due 9/30/2020; Martin County served on 9/9/2020, answer due 9/30/2020; Martin County Sheriff served on 9/9/2020, answer due 9/30/2020; William D. Snyder served on 9/9/2020, answer due 9/30/2020. See DE #10 for image. (pes) |
| Filing 13 CLERK'S NOTICE - Attorney Admissions has not updated email information for attorneys Richard Dean Kibbey and Jordan Reid Wagner re #11 Notice of Change of Address. Attorneys have not followed the required procedures for updating their email information with the Court. Attorneys are instructed to go to their PACER account, Manage My Account, to complete the process of updating their email 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 (cw) |
| Filing 12 Notice of Pending, Refiled, Related or Similar Actions by Daniel F Cash (Wagner, Jordan) |
| Filing 11 NOTICE of Change of Address by Jordan Reid Wagner (Wagner, Jordan) |
| 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 Daniel F Cash. All Plaintiffs. (Attachments: #1 Affidavit Return of service, #2 Affidavit Return of service, #3 Affidavit Return of service)(Wagner, Jordan) |
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Filing 9
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek M. Maynard on 9/3/2020. See attached document for full details. (cds)
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE SHANIEK MAYNARD. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Shaniek Maynard 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 Maynard's discovery procedures. Signed by Chief Judge K. Michael Moore on 9/3/2020. (mgh)
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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. 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 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 Chief Judge K. Michael Moore on 9/3/2020. (mgh)
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| Filing 6 Summons Issued as to Michael Fenton, Martin County, Martin County Sheriff, William D. Snyder. (pes) |
| Filing 5 NOTICE of Filing Proposed Summons(es) by Daniel F Cash (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s)) (Wagner, Jordan) |
| Filing 4 NOTICE by Daniel F Cash (Wagner, Jordan) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (yha) |
| Filing 2 Judge Assignment to Chief Judge K. Michael Moore and Magistrate Judge Shaniek M. Maynard (yha) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number AFLSDC-13447640, filed by Daniel F Cash.(Wagner, Jordan) |
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