Henry v. Okeechobee County Sheriff's Office et al
Frederick Henry |
Noel Stephens, Okeechobee County Sheriff's Office and Brandon Wilson |
2:2020cv14451 |
December 15, 2020 |
US District Court for the Southern District of Florida |
Shaniek M Maynard |
Donald M Middlebrooks |
Civil Rights: Other |
28 U.S.C. § 1331 |
Defendant |
Docket Report
This docket was last retrieved on August 17, 2021. A more recent docket listing may be available from PACER.
Document Text |
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Filing 74 CLERK'S NOTICE of Conventional Mailing of Transmittal of Remand re #72 Order. (Attachments: #1 Certified Order of Remand) (ail) |
Filing 73 Transmittal Letter Sent with certified copy of Order of Remand and docket sheet to: 19th Judicial Circuit Court In Okeechobee, Florida. State Court Case Number: 2020-CA-000189 (ail) |
Filing 72 ORDER granting #62 Motion to Remand to State Court; denying as moot #47 Motion for Summary Judgment; ; denying as moot #66 Motion for Leave to Proceed in Forma Pauperis on Appeal. Closing Case. Signed by Judge Donald M. Middlebrooks on 8/16/2021. See attached document for full details. (ail) |
Filing 71 Statement of: Facts by Frederick Henry re #70 Response in Opposition to Motion (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit)(Huggins, Arthur) |
Filing 70 RESPONSE in Opposition re #47 MOTION for Summary Judgment filed by Frederick Henry. Replies due by 8/20/2021. (Huggins, Arthur) |
Filing 69 RESPONSE in Opposition re #62 MOTION to Remand to State Court filed by Noel Stephens. Replies due by 8/16/2021. (Imparato, Christy) |
Filing 68 Acknowledgment of Receipt of NOA from USCA re #64 Notice of Appeal, filed by Frederick Henry. Date received by USCA: 8/3/21. USCA Case Number: 21-12520-C. (hh) |
Filing 67 Clerks Notice to Filer #64 Notice of Appeal. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk; see DE #66 MOTION for Leave to Proceed in forma pauperis on appeal. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (kpe) Text Modified on 8/4/2021 (hh). |
Filing 66 MOTION for Leave to Proceed in forma pauperis on appeal by Frederick Henry. (kpe) |
Filing 65 PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #62 Plaintiff's Motion to Remand. Plaintiff's counsel represents that Defendant's counsel opposes the Motion. (DE #62 at 2). In light of the impending August 30, 2021 trial period, an expedited response is necessary. Therefore, on or before August 10, 2021, Defendant shall respond to Plaintiff's Motion to Remand, setting forth the basis for opposing the requested relief. Signed by Judge Donald M. Middlebrooks on 8/4/2021. (hck) |
Transmission of Notice of Appeal, Order under and Docket Sheet to US Court of Appeals re #64 Notice of Appeal, Notice has been electronically mailed. (kpe) |
Filing 64 Notice of Appeal as to #51 Order on Motion to Amend/Correct by Frederick Henry. IFP Filed. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Attachments: #1 Exhibit)(Huggins, Arthur) Modified text on 8/4/2021 (kpe). |
Filing 63 PRETRIAL STIPULATION Amended, Joint by Noel Stephens (Attachments: #1 Exhibit A PL Exhibit List, #2 Exhibit B Def Exhibit List, #3 Exhibit C PL Witness List, #4 Exhibit D Def Witness List)(Imparato, Christy) |
Filing 62 MOTION to Remand to State Court by Frederick Henry. (Huggins, Arthur) |
Filing 61 PRETRIAL STIPULATION Joint by Noel Stephens (Attachments: #1 Exhibit Plaintiff's Exhibit List with Objections, #2 Exhibit Defendant's Exhibit List, #3 Exhibit Plaintiff's Witness List, #4 Exhibit Defendant's Witness List)(Imparato, Christy) |
Filing 60 Acknowledgment of Receipt of NOA from USCA re 54 Notice of Interlocutory Appeal, filed by Frederick Henry. Date received by USCA: 7/28/2021. USCA Case Number: 21-12520-C. (apz) |
Filing 59 CLERK'S ACKNOWLEDGMENT OF RECEIPT of USB Drive re: #57 Notice of filing Conventional Exhibits D and E submitted by Defendant Noel Stephens (cga) |
Filing 58 PAPERLESS ORDER striking #53 Plaintiff's Motion to Proceed in Forma Pauperis. Plaintiff's present Motion relates to an unauthorized interlocutory appeal. See 28 U.S.C. 1292(b); Fed. R. App. P. 5(a)(3). Accordingly, Plaintiff's Motion to Proceed in Forma Pauperis is hereby stricken. Signed by Judge Donald M. Middlebrooks on 7/28/2021. (hck) |
Filing 57 NOTICE by Noel Stephens re #48 Statement, 56 Order on Motion for Leave to File,,, #47 MOTION for Summary Judgment Filing Exhibits "D" and "E" Conventionally (Imparato, Christy) |
Filing 56 PAPERLESS ORDER granting #49 Motion to File Exhibits "D" and "E" Conventionally. Defendant Stephens seeks leave to conventionally file audio and video exhibits in support of his Motion for Summary Judgment (DE #47 ). Plaintiff opposes the Motion. (DE #49 at 2). From the certificate of conferral, it is unclear whether Plaintiff opposes the conventional filing of the audio and visual exhibits, or whether he opposes the introduction of the evidence itself based on relevancy or some other rule of admissibility. In the interest of efficiency, I will grant the Motion. If the basis for Plaintiff's objection is the latter, he may address any admissibility issue by way of a more appropriate motion. Signed by Judge Donald M. Middlebrooks on 7/28/2021. (hck) |
Filing 55 Clerk's Notice to Filer re #52 Notice (Other). Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see DE 54 . It is not necessary to refile this document. (apz) |
Transmission of Notice of Appeal, Orders under appeal and Docket Sheet to US Court of Appeals re 54 Notice of Interlocutory Appeal, Notice has been electronically mailed. (apz) |
Filing 54 Plaintiff's Notice of Interlocutory Appeal re #36 Order on Motion to Dismiss for Failure to State a Claim, #51 Order on Motion to Amend/Correct by Frederick Henry. IFP Filed. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (SEE DE #52 FOR IMAGE.) (apz) |
Filing 53 **STRICKEN** MOTION for Leave to Proceed in forma pauperis on appeal by Frederick Henry. (Huggins, Arthur)Text Modified on 7/29/2021 per DE 58 ORDER (ail). |
Filing 52 NOTICE by Frederick Henry Appeal (Huggins, Arthur) |
Filing 51 ORDER denying #45 Motion to Amend Complaint. Signed by Judge Donald M. Middlebrooks on 7/27/2021. See attached document for full details. (ail) |
Filing 50 RESPONSE in Opposition re #45 Plaintiff's MOTION to Amend/Correct Complaint filed by Noel Stephens. Replies due by 7/30/2021. (Imparato, Christy) |
Filing 49 MOTION for Leave to File Exhibits "D" and "E" Conventionally by Noel Stephens. (Imparato, Christy) |
Filing 48 Statement of: Materials Facts in Support of Motion for Final Summary Judgment by Noel Stephens re #47 MOTION for Summary Judgment (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(Imparato, Christy) |
Filing 47 MOTION for Summary Judgment by Noel Stephens. Responses due by 8/3/2021 (Imparato, Christy) |
Filing 46 PAPERLESS ORDER REQUIRING EXPEDITED RESPONSE to #45 Plaintiff's Motion to Amend Complaint. Plaintiff's counsel represents that Defendant's counsel opposes the Motion. (DE #45 at 2). In light of the posture of this litigation, I find that an expedited response is necessary. Therefore, on or before July 23, 2021, Defendant shall respond to Plaintiff's Motion to Amend Complaint, setting forth the basis for opposing the requested relief. Signed by Judge Donald M. Middlebrooks on 7/16/2021. (hck) |
Filing 45 Plaintiff's MOTION to Amend/Correct Complaint by Frederick Henry. Responses due by 7/30/2021 (Attachments: #1 Exhibit)(Huggins, Arthur) |
Filing 44 PAPERLESS ORDER denying #43 Plaintiff's Motion to Amend Complaint. Plaintiff's certificate of conferral states that Plaintiff's counsel "has attempted to confer with Defendant's counsel" but "she was unavailable." (DE #43 at 2). This does not satisfy Plaintiff's counsel's obligation to make a reasonable effort to engage in meaningful conferral as required by Southern District of Florida Local Rule 7.1(a)(3). Accordingly, the Motion is denied without prejudice. Plaintiff may renew his Motion but only after conferring in accordance with the Local Rules and only if the renewed motion includes a compliant certificate of conferral. Signed by Judge Donald M. Middlebrooks on 7/16/2021. (hck) |
Filing 43 Plaintiff's MOTION to Amend/Correct #36 Order on Motion to Dismiss for Failure to State a Claim,,, by Frederick Henry. Responses due by 7/29/2021 (Attachments: #1 Exhibit)(Huggins, Arthur) |
Filing 42 ORDER denying re #40 MOTION for Reconsideration re #36 Order on Motion to Dismiss for Failure to State a Claim filed by Frederick Henry. Signed by Judge Donald M. Middlebrooks on 7/14/2021. See attached document for full details. (ail) |
Filing 41 RESPONSE in Opposition re #40 MOTION for Reconsideration re #36 Order on Motion to Dismiss for Failure to State a Claim,,, filed by Noel Stephens. Replies due by 7/20/2021. (Imparato, Christy) |
Filing 40 MOTION for Reconsideration re #36 Order on Motion to Dismiss for Failure to State a Claim,,, by Frederick Henry. (Huggins, Arthur) |
Filing 39 NOTICE by Frederick Henry re #38 Order, Set/Reset Deadlines (Huggins, Arthur) |
Filing 38 ORDER Requiring Plaintiff's Notice (Dispositive Motions due by 7/22/2021.) Signed by Judge Donald M. Middlebrooks on 7/7/2021. See attached document for full details. (ail) |
Filing 37 FINAL MEDIATION REPORT by Amber E. B. McMichael. Disposition: Case did not settle.(McMichael, Amber) |
Filing 36 ORDER granting in part and denying in part #22 Motion to Dismiss for Failure to State a Claim; granting #25 Motion to Dismiss for Failure to State a Claim. Second Amended Complaint due by 6/25/2021. Signed by Judge Donald M. Middlebrooks on 6/14/2021. See attached document for full details. (ail) |
Filing 35 PAPERLESS ORDER STAYING DISPOSITIVE MOTIONS DEADLINE. The Parties are advised that the June 11, 2021 dispositive motions deadline is stayed pending a forthcoming ruling on the Motions to Dismiss (DE #22 ; DE #25 ). No other deadline set in the Order Setting Pretrial Schedule (DE #14 ) is altered as a result of this Order. Signed by Judge Donald M. Middlebrooks on 6/10/2021. (kal) |
Filing 34 REPLY to Response to Motion re #22 Defendant's MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Noel Stephens. (Imparato, Christy) |
Filing 33 RESPONSE in Opposition re #22 Defendant's MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Frederick Henry. Replies due by 6/8/2021. (Huggins, Arthur) |
Filing 32 RESPONSE TO ORDER TO SHOW CAUSE re 31 Order,,, Order to Show Cause,, by Frederick Henry. (Huggins, Arthur) |
Filing 31 PAPERLESS ORDER TO SHOW CAUSE. Plaintiff's response to Defendant Stephen's Motion to Dismiss Counts II IV of the Amended Complaint ("Motion") (DE #22 ) was due on April 19, 2021. However, to date, no response appears in the court record. Accordingly, on or before June 1, 2021, Plaintiff shall show cause in writing as to: (1) why the Motion should not be granted; and (2) why Plaintiff failed to timely respond. Plaintiff's failure to respond to this Order to Show Cause may result in Docket Entry #22 being granted by default pursuant to Local Rule 7.1(c). Signed by Judge Donald M. Middlebrooks on 5/28/2021. (kal) |
Filing 30 PAPERLESS ORDER granting #29 Defendants' Unopposed Motion for Extension of Discovery Deadline. Defendants move to extend the discovery deadline from May 14, 2021 to July 5, 2021, setting forth specific facts which indicate that they have been unable to obtain necessary medical documentation despite their diligent efforts. Defendants further state that the requested extension will have no impact upon the dispositive motions deadline or the trial date. I find good cause to grant the motion. Accordingly, all discovery shall be completed by July 5, 2021. Signed by Judge Donald M. Middlebrooks on 5/11/2021. (kal) |
Filing 29 MOTION for Extension of Time of Discovery Cutoff Deadline by Noel Stephens, Brandon Wilson. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Text of Proposed Order Proposed Order)(Imparato, Christy) |
Filing 28 REPLY to Response to Motion re #25 MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Brandon Wilson. (Imparato, Christy) |
Filing 27 RESPONSE in Opposition re #25 MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Frederick Henry. Replies due by 5/3/2021. (Huggins, Arthur) |
Filing 26 NOTICE of Mediation Hearing. Mediation Hearing set for 6/18/2021 at 10:00 a.m.. (Imparato, Christy) |
Filing 25 MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Brandon Wilson. Responses due by 4/28/2021 (Imparato, Christy) |
Filing 24 NOTICE of Attorney Appearance by Christy Michelle Imparato on behalf of Brandon Wilson. Attorney Christy Michelle Imparato added to party Brandon Wilson(pty:dft). (Imparato, Christy) |
Filing 23 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Noel Stephens. (Imparato, Christy) |
Filing 22 Defendant's MOTION TO DISMISS #20 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Noel Stephens. Responses due by 4/19/2021 (Imparato, Christy) |
Filing 21 PAPERLESS ORDER denying as moot #4 Defendants' Motion to Dismiss. In light of Plaintiff's Amended Complaint (DE #20 ), Defendants' Motion to Dismiss is denied as moot. Signed by Judge Donald M. Middlebrooks on 3/30/2021. (hck) |
Filing 20 First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Frederick Henry.(Huggins, Arthur) |
Filing 19 PAPERLESS ORDER granting #18 Plaintiff's Unopposed Motion to Amend Complaint. Plaintiff seeks leave to file an Amended Complaint to join an additional party. Plaintiff initially sought to amend the Complaint on the deadline to amend pleadings or join additional parties pursuant to the Pretrial Scheduling Order (DE #14 ); thus, I will consider Plaintiff's request timely. Given Rule 15's liberal standard for granting leave to amend, and that the relief is unopposed, I will grant the Motion. Plaintiff shall separately file his Amended Complaint in the court record by March 29, 2021. Signed by Judge Donald M. Middlebrooks on 3/26/2021. (kal) |
Filing 18 Unopposed MOTION to Amend/Correct Complaint by Frederick Henry. Responses due by 4/8/2021 (Attachments: #1 Exhibit)(Huggins, Arthur) |
Filing 17 PAPERLESS ORDER denying without prejudice #16 Plaintiff's Motion to Amend Complaint. Plaintiff filed his Motion in violation of Southern District of Florida Local Rule 7.1(a)(3), which requires counsel for the moving party to certify in the motion that it has "confer[red] (orally or in writing), or ma[de] reasonable effort to confer (orally or in writing), with all parties or non-parties who may be affected by the relief sought in the motion." Plaintiff may renew his Motion but only after conferring in accordance with the Local Rules and only if the renewed Motion includes a compliant certificate of conferral. Signed by Judge Donald M. Middlebrooks on 3/25/2021. (hck) |
Filing 16 Plaintiff's MOTION to Amend/Correct Complaint by Frederick Henry. Responses due by 4/6/2021 (Attachments: #1 Exhibit)(Huggins, Arthur) |
Filing 15 NOTICE of Mediator Selection. Selected/Added Amber McMichael as Mediator. (Imparato, Christy) |
Filing 14 ORDER SETTING PRE-TRIAL SCHEDULE and ORDER REFERRING CASE TO MEDIATION. SCHEDULING ORDER: ( Amended Pleadings due by 3/23/2021., Discovery due by 5/14/2021., Expert Discovery due by 5/14/2021., Joinder of Parties due by 3/23/2021., In Limine Motions due by 7/12/2021., Dispositive Motions due by 6/11/2021., Motions due by 7/12/2021., Pretrial Stipulation due by 8/2/2021.), ORDER REFERRING CASE to Mediation. Mediation Deadline 7/1/2021. Signed by Magistrate Judge Shaniek M. Maynard on 3/2/2021. See attached document for full details. (amb) #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. |
Filing 13 PAPERLESS Minute Entry for proceedings held before Magistrate Judge Shaniek M. Maynard: Scheduling Conference held on 3/2/2021. Total time in court: 08 minutes. Attorney Appearance(s): Arthur A Huggins, Jr, Christy Michelle Imparato, Other appearances: Pokuaa Enin, Law Clerk. (Digital WebEx Conference SMM_05_3-02-2021) (cga) |
Filing 12 Joint SCHEDULING REPORT - Rule 16.1 by Okeechobee County Sheriff's Office, Noel Stephens (Attachments: #1 Text of Proposed Order Proposed Order)(Imparato, Christy) |
Filing 11 PAPERLESS Order setting the telephonic Scheduling Conference for TUESDAY, MARCH 2, 2021 at 4:00 PM before Magistrate Judge Shaniek M. Maynard. Counsel shall call the Court's telephone conference line number at (888) 684-8852 and use Access Code 5312437 to participate in the Conference. Pursuant to Local Rule 16.1(b), counsel for the parties shall confer and prepare a Joint Scheduling Report based on the already set trial date. The Joint Scheduling Report is due by FRIDAY, FEBRUARY 26, 2021. The parties shall begin pre-trial tasks now, in advance of the Scheduling Conference. This includes Initial Disclosures (which the parties shall exchange before the Scheduling Conference) and discovery. In other words the case already should be progressing by the time of the Scheduling Conference, and the Joint Scheduling Report should reflect that. This is necessary so that the parties can complete all pre-trial tasks within the time allotted and have the case ready for trial by the soon upcoming trial date. Signed by Magistrate Judge Shaniek M. Maynard on 2/22/2021. (pen) |
Filing 10 ORDER REFERRING CASE AND SETTING TRIAL DATE. ORDER REFERRING CASE to Magistrate Judge Shaniek M. Maynard with notices (NEFs for Events only) for all filings in case. SCHEDULING ORDER: ( Jury Trial set for 8/30/2021 09:00 AM in Fort Pierce Division before Judge Donald M. Middlebrooks., Calendar Call set for 8/25/2021 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 2/18/2021. See attached document for full details. (amb) #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. |
Filing 9 REPLY to Response to Motion re #4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint) filed by Okeechobee County Sheriff's Office, Noel Stephens. (Imparato, Christy) |
Filing 8 RESPONSE in Opposition re #4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint) filed by Frederick Henry. Replies due by 1/27/2021. (Huggins, Arthur) |
Filing 7 PAPERLESS ORDER granting in part #6 Unopposed Motion for Extension of Time. Plaintiff seeks an 18-day extension of time to respond to Defendant's Motion to Dismiss (DE #4 ) from January 11, 2021 to January 29, 2021. Plaintiff's counsel states that his "extensive workload" has created the need for additional time. (DE 6 para. 3). Motions for extension of time must establish good cause supported by specific facts. Plaintiff's one generalized assertion regarding the press of other business does not provide the Court with a factual basis upon which it may determine whether Plaintiff has met the good cause standard. Notwithstanding, because the Motion is unopposed, I will grant the requested relief in part. Accordingly, Plaintiff shall respond to the Motion to Dismiss by January 20, 2021. No other deadlines are altered as a result of this Order. (Responses due by 1/20/2021) Signed by Judge Donald M. Middlebrooks on 1/11/2021. (kal) |
Filing 6 Unopposed MOTION for Extension of Time to File Response/Reply/Answer by Frederick Henry. (Huggins, Arthur) |
Filing 5 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Noel Stephens. (Imparato, Christy) |
Filing 4 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal #1 Notice of Removal (State Court Complaint) by Okeechobee County Sheriff's Office, Noel Stephens. Responses due by 1/11/2021 (Imparato, Christy) |
Filing 3 Clerks Notice to Filer re: Electronic Case. Documents Improperly Arranged. The Filer did not properly attach the Civil Cover Sheet. Future filings must comply with the CM/ECF Civil Case Opening Guide. It is not necessary to re-file this document. (amb) |
Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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. (amb) |
Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $ 402.00 receipt number AFLSDC-14039740, filed by Noel Stephens, Okeechobee County Sheriff's Office. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Imparato, Christy) |
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