Root v. Menz et al
| Brian R Root |
| Judge Nicole Menz and Indian River County Court, State of Florida |
| 2:2022cv14013 |
| January 7, 2022 |
| US District Court for the Southern District of Florida |
| Shaniek M Maynard |
| K Michael Moore |
| Civil Rights: Americans with Disabilities - Employment |
| 28 U.S.C. ยง 1446 |
| Both |
Docket Report
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This docket was last retrieved on December 21, 2022. A more recent docket listing may be available from PACER.
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| Filing 12 NOTICE of Compliance by Nicole Menz re #11 Order to Show Cause (Sutter, Christopher) |
Filing 11
ORDER TO SHOW CAUSE. Show Cause Response due by 2/28/2022. Signed by Magistrate Judge Shaniek M. Maynard on 2/17/2022. See attached document for full details. (jas)
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Filing 10
PAPERLESS ORDER REFERRING MOTION. 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 hereby referred to United States Magistrate Judge Shaniek M. Maynard to take all necessary and proper action as required by law and/or issue a Report and Recommendation regarding the Defendant's Motion to Dismiss #5 . Signed by Judge K. Michael Moore on 1/28/2022. (thn)
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| Filing 9 Defendant's EXPEDITED MOTION Stay all Discovery and Case Management Requirements Pending Ruling on Motion to Dismiss by Indian River County Court, State of Florida, Nicole Menz. (Sutter, Christopher) |
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Filing 8
DISCOVERY PROCEDURES ORDER re 7 Order Referring Case to Magistrate Judge. Signed by Magistrate Judge Shaniek M. Maynard on 1/12/2022. See attached document for full details. (osd)
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Filing 7
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 Judge K. Michael Moore on 1/11/2022. (thn)
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Filing 6
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal #1 . Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. 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 within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. 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 possibility of 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. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. 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. 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 Judge K. Michael Moore on 1/11/2022. (thn)
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| Filing 5 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM by Indian River County Court, State of Florida, Nicole Menz. Responses due by 1/24/2022 (Sutter, Christopher) |
| Filing 4 NOTICE of Filing Civil Cover Sheet by Indian River County Court, State of Florida, Nicole Menz (Sutter, Christopher) |
| 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. (cds) |
| 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 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. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Declaratory and Injunctive Relief Under Americians with Disabilities Act) Filing fee $ 402.00 receipt number AFLSDC-15300679, filed by Nicole Menz. (Attachments: #1 Exhibit Exh. A Civil Cover Sheet, #2 Exhibit Exh. B Summons, #3 Exhibit Exh. C Determination of Civil Indigent Status, #4 Exhibit Exh. D Defendant's Notice to State Court)(Sutter, Christopher) Modified Text on 1/7/2022 (cds). No Answer/Motion to Dismiss Filed. |
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