Florida East Coast Railway LLC v. City of Fort Pierce
| Florida East Coast Railway LLC |
| City of Fort Pierce |
| 2:2025cv14166 |
| May 21, 2025 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Shaniek Mills Maynard |
| Other Statutory Actions |
| 28 U.S.C. § 1331 Federal Question |
| None |
Docket Report
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This docket was last retrieved on November 10, 2025. A more recent docket listing may be available from PACER.
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| Filing 36 PAPERLESS NOTICE of Hearing: Status Conference set for 12/15/2025 11:00 AM before Judge Aileen M. Cannon via Zoom. The Zoom link and information will be emailed to the parties of record before the scheduled hearing. All participants are expected to appear by audio and video in a professional and quiet setting, with a reliable internet connection tested sufficiently in advance of the scheduled hearing. The parties shall prepare in advance and be ready to discuss the status and background of the case in detail, including the nature of the claim(s) at issue and all completed and outstanding discovery. All counsel appearing before the Court must have a properly filed Notice of Appearance on the docket prior to the hearing and be fully familiar with the specifics of the case, including discovery. If any non-party member of the public wishes to access the audio portion of this Zoom conference, consistent with the Judicial Conference Revised Remote Access Policy, https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-10-public-access-and-records/ch-4-cameras-courtroom, he or she shall contact Chambers at (772) 367-2340 to receive the audio call-in information. (nct) |
| Filing 35 ANSWER and Affirmative Defenses to Amended Complaint by City of Fort Pierce. (Holloman, Felicia) |
Filing 34
ORDER denying #30 Motion to Dismiss #25 Amended Complaint for Lack of Jurisdiction; denying #30 Motion to Dismiss #25 Amended Complaint for Failure to State a Claim. Answer to Amended Complaint due 11/5/2025. Signed by Judge Aileen M. Cannon on 10/15/2025. See attached document for full details. (ls)
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| Reset Response/Answer Due Deadline: City of Fort Pierce response/answer due 11/5/2025. (ls)(per DE #34) |
| Filing 33 REPLY to Response to Motion re #30 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by City of Fort Pierce. (Rego Chapman, Patricia) |
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Filing 32
PAPERLESS ORDER requiring reply. On or before October 3, 2025, Plaintiff shall file a Reply in support of its Motion to Dismiss for Lack of Jurisdiction #30 . Signed by Judge Aileen M. Cannon on 9/26/2025. (nct)
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| Reset Deadline per DE#32 as to #30 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Replies due by 10/3/2025. (scn) |
| Filing 31 RESPONSE to Motion re #30 MOTION to Dismiss for Lack of Jurisdiction MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Florida East Coast Railway LLC. Replies due by 9/19/2025. (Terwilleger, John) |
| Filing 30 MOTION to Dismiss for Lack of Jurisdiction , MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of Fort Pierce. Responses due by 9/12/2025. (Holloman, Felicia) |
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Filing 29
ORDER SCHEDULING MEDIATION AND SETTING ADDITIONAL REQUIREMENTS: The mediation in this case shall be held in-person before Curtis L. Disque, Esq. on November 14, 2025, 10:00 A.M., at 100 North U.S. Highway 1, Fort Pierce, Florida 34950. The parties are reminded that a report of their mediation must be filed by the parties within five (5) days of mediation. Signed by Judge Aileen M. Cannon on 8/28/2025. See attached document for full details. (wce)
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| Filing 28 Joint NOTICE of Mediator Selection. Florida East Coast Railway, LLC Selected/Added Curtis L Disque as Mediator. (Terwilleger, John) |
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Filing 27
PAPERLESS ORDER striking Plaintiff's #26 Notice of Mediator Selection. Pursuant to the Court's Scheduling Order, the parties must jointly file a proposed notice scheduling mediation #18 . On or before August 25, 2025, the parties shall jointly file a renewed notice of mediation that is signed by both parties' counsel and that fully complies with the Court's instructions. Signed by Judge Aileen M. Cannon on 8/21/2025. (jco) Modified spacing on 8/21/2025 (scn).
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| Filing 26 (STRICKEN PRE DE#27) Joint NOTICE of Mediator Selection. Selected/Added Curtis L Disque as Mediator. (Attachments: #1 Text of Proposed Order Proposed Order on Mediator Selection)(Terwilleger, John) Modified text on 8/21/2025 (scn). |
| Filing 25 Plaintiff's AMENDED COMPLAINT against City of Fort Pierce, filed by Florida East Coast Railway LLC.(Terwilleger, John) |
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Filing 24
ORDER FOLLOWING STATUS CONFERENCE AND REQUIRING REPLEADING: The Complaint [ECF No. 1] is DISMISSED WITHOUT PREJUDICE. Amended Complaint due by 8/18/2025. Signed by Judge Aileen M. Cannon on 8/4/2025. See attached document for full details. (scn)
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| Filing 23 PAPERLESS ORDER and MINUTE ENTRY for proceedings held before Judge Aileen M. Cannon: Status Conference held on August 4, 2025. The parties gave their respective views on the case and anticipated discovery, noting no exchange of written discovery to date. Parties also confirm that all Orders Determining Violation and Mandating Abatement of Nuisance described in the Complaint have been resolved. Order requiring amended pleading to follow. Total time in court: 13 minutes. Attorney Appearances: John William Terwilleger, Felicia Holloman, Patricia Maria Rego Chapman. Court Reporter: Jill Wells, 305-523-5158 / [email protected]. (jco) |
| Filing 22 PAPERLESS ORDER CANCELING INITIAL DISCOVERY STATUS CONFERENCE: In light of the scheduled status conference before the presiding U.S. District Judge, see DE 11 , the initial discovery status conference set before me on August 7, 2025, at 2:00 P.M. is CANCELED. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 7/31/2025. (jrz) |
| Filing 21 Joint NOTICE OF FILING JOINT DISCOVERY PLAN by Florida East Coast Railway LLC (Terwilleger, John) |
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Filing 20
ORDER SETTING DISCOVERY PROCEDURES Signed by Magistrate Judge Shaniek Mills Maynard on 7/23/2025. See attached document for full details. (ar24)
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| Filing 19 PAPERLESS ORDER SETTING INITIAL DISCOVERY STATUS CONFERENCE VIA ZOOM: I will hold an initial discovery status conference on Thursday, August 7, 2025, at 2:00 P.M. via Zoom. The purpose of this conference will be to ensure that the parties have properly planned to collaborate in the discovery process with the goal of completing all discovery within the time allotted. To join, the parties shall log in at least 10 minutes prior to the start time using the Zoom information below from a secure location and with a secure internet connection. **Please test your device's audio/video settings prior to joining the conference for functionality.** Join ZoomGov Meeting: # Zoom Link Meeting ID: 161 921 4596 Passcode: 185708If the link does not work, paste this link information into your address bar and go: https://www.zoomgov.com/j/1619214596?pwd=ZWgzYUsyRmFqdmdsUnYvdzdaUjVRUT09 Prior to the conference, by Thursday, July 31, 2025, the parties shall file a Joint Discovery Plan addressing (1) an estimated valuation of the case; (2) the subjects on which discovery may be needed; (3) whether the parties can agree to limit discovery on particular issues through stipulation; (4) what document discovery is needed; (5) whether the parties expect to have ESI discovery and, if so, the main information sought and the form in which ESI discovery will be produced; (6) the need for a confidentiality agreement/protective order; (7) what individuals each side intends to depose; and (8) any issues about claims of privilege or of protection. I encourage the parties to keep in mind their obligations in discovery and to work cooperatively to complete discovery in this case as efficiently and expeditiously as possible. In advance of the conference, the parties shall review my forthcoming Order Setting Discovery Procedures. This separate Order is designed to assist the parties and the Court in working together to timely resolve discovery disputes without undue delay and unnecessary expense. In the event Court intervention is necessary, the parties must abide by my forthcoming Order setting forth my standing discovery procedures. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 7/23/2025. (jrz) |
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Filing 18
ORDER SETTING BENCH TRIAL, SETTING PRE-TRIAL DEADLINES, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Calendar Call set for 6/9/2026 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Bench Trial set for 6/15/2026 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Amended Pleadings due by 8/22/2025., Discovery due by 1/29/2026., Expert Discovery due by 1/29/2026., Fact Discovery due by 1/29/2026., Mediation Deadline 2/5/2026., Motions due by 2/17/2026., Pretrial Stipulation due by 5/4/2026.), ORDER REFERRING CASE to Magistrate Judge Shaniek Mills Maynard for Judge Shaniek M. Maynard for appropriate disposition of all pro hac vice motions, motions to withdraw and /or substitute counsel, and pretrial motions related to discovery. with notices (NEFs for Events only) for all filings in case. Signed by Judge Aileen M. Cannon on 7/22/2025. See attached document for full details. (ar24)
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| Filing 17 SUPPLEMENT to Joint Scheduling Report by Florida East Coast Railway LLC (Terwilleger, John) |
| Set Deadline per DE#16: Joint Report due by 7/21/2025. (scn) |
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Filing 16
PAPERLESS ORDER Requiring Supplement to Joint Scheduling Report #13 . There has been no jury demand in this action, which seeks injunctive and declaratory relief #1 #9 . Yet the Joint Scheduling Report references jury instructions [13 p. 4]. To ensure clarity on this point, on or before July 21, 2025, the parties shall file a joint report setting forth their respective positions regarding whether this case should properly be set for a bench trial. Signed by Judge Aileen M. Cannon on 7/17/2025. (jco)
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| Filing 15 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by City of Fort Pierce (Rego Chapman, Patricia) |
| Filing 14 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement by Florida East Coast Railway LLC identifying Corporate Parent GMXT USA, Inc., Corporate Parent Grupo Mexico Transportes for Florida East Coast Railway LLC (Terwilleger, John) |
| Filing 13 Joint SCHEDULING REPORT - Rule 16.1 by Florida East Coast Railway LLC (Terwilleger, John) |
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Filing 12
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report, Certificates of Interested Parties and Corporate Disclosure Statements due by 7/14/2025. Signed by Judge Aileen M. Cannon on 6/26/2025. See attached document for full details. (jas)
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| Filing 11 PAPERLESS NOTICE of Hearing: Status Conference set for 8/4/2025 at 10:30 AM before Judge Aileen M. Cannon via Zoom. The Zoom link and information will be emailed to the parties of record before the scheduled hearing. All participants are expected to appear by audio and video in a professional and quiet setting, with a reliable internet connection tested sufficiently in advance of the scheduled hearing. The parties shall prepare in advance and be ready to discuss the status and background of the case in detail, including the nature of the claim(s) at issue and all completed and outstanding discovery. All counsel appearing before the Court must have a properly filed Notice of Appearance on the docket prior to the hearing and be fully familiar with the specifics of the case, including discovery. If any non-party member of the public wishes to access the audio portion of this Zoom conference, consistent with the Judicial Conference Revised Remote Access Policy, https://jnet.ao.dcn/policy-guidance/guide-judiciary-policy/volume-10-public-access-and-records/ch-4-cameras-courtroom, he or she shall contact Chambers at (772) 367-2340 to receive the audio call-in information. (sm1) |
| Filing 10 NOTICE of Attorney Appearance by Patricia Maria Rego Chapman on behalf of City of Fort Pierce. Attorney Patricia Maria Rego Chapman added to party City of Fort Pierce(pty:dft). (Rego Chapman, Patricia) |
| Filing 9 ANSWER and Affirmative Defenses to Complaint by City of Fort Pierce. (Holloman, Felicia) |
| Filing 8 NOTICE of Attorney Appearance by Felicia Holloman on behalf of City of Fort Pierce. Attorney Felicia Holloman added to party City of Fort Pierce(pty:dft). (Holloman, Felicia) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Florida East Coast Railway LLC. Florida East Coast Railway LLC served on 6/4/2025, response/answer due 6/25/2025. (Terwilleger, John) |
| Filing 6 Summons Issued as to City of Fort Pierce. (ar24) |
| Filing 5 NOTICE of Filing Proposed Summons(es) by Florida East Coast Railway LLC (Terwilleger, John) |
| Filing 4 Plaintiff's NOTICE of Filing Civil Cover Sheet by Florida East Coast Railway LLC re #1 Complaint (Terwilleger, John) |
| Filing 3 Clerk's 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. (ar24) |
| 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. (ar24) |
| Filing 1 COMPLAINT against City of Fort Pierce. Filing fees $ 405.00 receipt number AFLSDC-18469261, filed by Florida East Coast Railway LLC. (Attachments: #1 Exhibit A, #2 Exhibit B)(Terwilleger, John) |
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| Plaintiff: Florida East Coast Railway LLC | |
| Represented By: | Juan Matias Muniz |
| Represented By: | John William Terwilleger |
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| Defendant: City of Fort Pierce | |
| Represented By: | Patricia Maria Rego Chapman |
| Represented By: | Felicia Holloman |
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