Osmanova v. Fricke et al
| Evelina Osmanova |
| Joanna Fricke, ERIC FLOWERS. in his official capacity as Sheriff of Indian River County, Florida, Joanna Lynn Borras and Eric Flowers |
| 2:2024cv14070 |
| March 8, 2024 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
RSS Track this Docket
This docket was last retrieved on May 6, 2024. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 21 Defendant's MOTION to Dismiss #20 Amended Complaint/Amended Notice of Removal by Eric Flowers, Joanna Fricke. Responses due by 5/20/2024. (Imparato, Christy) |
| Filing 20 SECOND AMENDED COMPLAINT AND DEMAND FOR JURY TRIAL against Eric Flowers, Joanna Fricke filed in response to #17 Order Granting Motion for Leave, filed by Evelina Osmanova.(amb) |
| Filing 19 Plaintiff's Notice of Conventionally Filing Second Amended Complaint and Demand for Jury Trial by Evelina Osmanova (pc) (Additional attachment(s) added on 4/23/2024: #1 Second Amended Complaint) (pc). |
Filing 18
ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Aileen M. Cannon on 4/10/2024. See attached document for full details. (jas)
|
|
Filing 17
ORDER GRANTING DEFENDANT FRICKE'S MOTION TO DISMISS AND PERMITTING REPLEADINGre #3 Motion to Dismiss for Failure to State a Claim. Amended Complaint due by 4/30/2024. Signed by Judge Aileen M. Cannon on 4/10/2024. See attached document for full details. (ebz)
|
| Filing 16 PAPERLESS ORDER denying Plaintiff's Motion to Remand #7 . The Court has reviewed Plaintiff's Motion #7 , Defendants' Opposition #13 , and the full record. Upon review, Plaintiff's Motion is DENIED. The record supports the Court's exercise of federal question jurisdiction over Plaintiff's Fourth Amendment claim as well as the exercise of supplemental jurisdiction over the remaining state law claims. See 28 U.S.C. 1331, 1367. Insofar as Plaintiff challenges the timeliness of Defendant Fricke's removal (to which Defendant Flowers consents), that argument is misplaced. The Notice of Removal #1 , the contents of which Plaintiff does not dispute, reflects that Defendant Fricke removed this action from state court within thirty days following the receipt of service of process, and only after obtaining Defendant Flower's consent. See 28 U.S.C. 1441(a), 1446(b)(1)-(2). Signed Judge Aileen M. Cannon on 4/9/2024. (mp01) |
| Filing 15 STATUS REPORT REMOVAL by Eric Flowers, Joanna Fricke (Imparato, Christy) |
| Filing 14 Defendant's 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 Joanna Fricke. (Imparato, Christy) |
| Filing 13 Defendant's RESPONSE to #7 MOTION to Remand to State Court by Eric Flowers, Joanna Fricke. (Imparato, Christy) |
| Filing 12 PLAINTIFF'S NOTICE OF CONVENTIONAL FILING of #11 Notice of Unavailability by Evelina Osmanova (pc) |
| Filing 11 PLAINTIFF'S NOTICE OF UNAVAILABILITY by Evelina Osmanova for dates of 3/18/2024 - 4/15/2024 (pc) |
| Filing 10 Plaintiff's Notice of Conventionally Filing Plaintiff's Objection to Defendant Fricke's Motion to Dismiss re: #9 Response/Reply (Other) by Evelina Osmanova (pc) |
| Filing 9 Plaintiff's Response/Objection to Defendant Fricke's Motion to Dismiss: re #3 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Evelina Osmanova. (pc) |
| Filing 8 Plaintiff's Notice of Conventional Filing of #7 MOTION to Remand to State Court by Evelina Osmanova (pc) |
| Filing 7 Plaintiff's Motion to Remand to State Court by Evelina Osmanova. (pc) |
| Filing 6 Notice of Conventional Filing Consent by Pro Se Litigant (Non-Prisoner) to Receive Notices of Electronic Filing re #5 Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing by Evelina Osmanova (pc) |
| Filing 5 Consent by Pro Se Litigant (Non-Prisoner) Evelina Osmanova to receive Notices of Electronic Filing at email address: evelina.osmanova@gmail.com (pc) |
| Filing 4 Notice of Court Practices in Removal Cases (Removal Status Report due by 4/8/2024.) Signed by Judge Aileen M. Cannon on 3/12/2024. See attached document for full details. (pc) |
| Filing 3 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Joanna Fricke. Responses due by 3/26/2024. (Imparato, Christy) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. 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. (pc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint and Jury Demand) Filing fee $ 405.00 receipt number AFLSDC-17354416, filed by Joanna Fricke. (Attachments: #1 Exhibit 1 Part 1, #2 Exhibit 1 Part 2, #3 Exhibit 1)(Imparato, Christy) (Amended Complaint see pg.4 of Exh.2, Answer see pg.315 of Exh.2, Motion to Dismiss see pg.327 of Exh.2) Modified text on 3/11/2024 (pc). |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
