Phelps v. Ramsay et al
| Penny Phelps |
| Sheriff Rick Ramsay, CARA HIGGINS, LAUREN JENAI and Franklin Tucker |
| 4:2021cv10070 |
| July 16, 2021 |
| U.S. District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Jose E Martinez |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on September 25, 2025. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 38 Defendant's REPLY to Response to Motion re #30 Defendant's MOTION to Dismiss with Prejudice #28 Amended Complaint/Amended Notice of Removal filed by SHERIFF RICK RAMSAY. (Savage, Luke) |
| Filing 37 RESPONSE in Opposition re #31 MOTION to Dismiss with Prejudice #28 Amended Complaint/Amended Notice of Removal filed by Penny Phelps. Replies due by 9/16/2021. (Shek, John) |
| Filing 36 RESPONSE in Opposition re #30 Defendant's MOTION to Dismiss with Prejudice #28 Amended Complaint/Amended Notice of Removal PLAINTIFF'S CORRECTED RENSPONSE/ OPPOSITION to ECF No. 30 filed by Penny Phelps. Replies due by 9/14/2021. (Shek, John) |
| Filing 35 NOTICE of Striking #33 Response in Opposition to Motion filed by Penny Phelps (ECF No. 33 Struck by Plaintiff/ Filer due to Error) by Penny Phelps (Shek, John) |
| Filing 34 Clerks Notice to Filer re #33 Response in Opposition to Motion. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (jbs) |
| Filing 33 STRICKEN per DE #35 RESPONSE in Opposition re #30 Defendant's MOTION to Dismiss with Prejudice #28 Amended Complaint/Amended Notice of Removal filed by Penny Phelps. Replies due by 9/14/2021. (Shek, John) Modified text on 9/8/2021 (jbs). |
| Filing 32 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Penny Phelps (Attachments: #1 PLAINTIFF's CERTIFICATE OF SERVICE)(Shek, John) |
| Filing 31 MOTION to Dismiss with Prejudice #28 Amended Complaint/Amended Notice of Removal by CARA HIGGINS, LAUREN JENAI, Franklin Tucker. Responses due by 9/9/2021 (Attachments: #1 Memorandum Brief in Support of Motion, #2 Text of Proposed Order, #3 Certification Certification of Filing and Service)(Ballarotto, Jerome) |
| Filing 30 Defendant's MOTION to Dismiss with Prejudice #28 Amended Complaint/Amended Notice of Removal by SHERIFF RICK RAMSAY. Responses due by 9/7/2021 (Savage, Luke) |
Filing 29
PAPERLESS ORDER denying as moot #21 Motion to Dismiss; denying as moot #22 Motion to Dismiss in light of #28 Plaintiff's First Amended Complaint. Signed by Judge Jose E. Martinez on 8/20/2021. (cvl)
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| Filing 28 First AMENDED COMPLAINT & RELIANCE ON PRIOR DEMAND FOR TRIAL BY JURY against All Defendants, filed by Penny Phelps.(Shek, John) |
| Filing 27 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by SHERIFF RICK RAMSAY (Savage, Luke) |
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Filing 26
ORDER GRANTING #25 MOTIONS TO APPEAR PRO HAC VICE, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Mark W. Catanzaro, Esq. Signed by Judge Jose E. Martinez on 8/12/2021. See attached document for full details. (jbs)
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| Filing 25 Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for MARK W. CATANZARO. Pay.gov Agency Tracking ID FLSDC-AFLSDC-14915296. Filing Fee $ 200.00 by CARA HIGGINS, LAUREN JENAI, Franklin Tucker. Responses due by 8/26/2021 (Attachments: #1 Certification Mark W. Catanzato, Esq., #2 Text of Proposed Order, #3 Certification Certification of Service)(Ballarotto, Jerome) |
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Filing 24
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE (Jury Trial set for 7/18/2022 09:30 AM in Key West Division before Judge Jose E. Martinez., Calendar Call set for 7/14/2022 01:30 PM in Miami Division before Judge Jose E. Martinez.), (Mediation Deadline 5/19/2022.), Referring Case to Magistrate Judge Jacqueline Becerra for Discovery Matters. Signed by Judge Jose E. Martinez on 8/11/2021. See attached document for full details. (jbs) #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.
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| Filing 22 MOTION to Dismiss with Prejudice #1 Complaint, by SHERIFF RICK RAMSAY. Attorney Luke Clinton Savage added to party SHERIFF RICK RAMSAY(pty:dft). Responses due by 8/25/2021 (Savage, Luke) |
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Filing 23
ORDER DENYING WITHOUT PREJUDICE #20 MOTION TO APPEAR PRO HAC VICE for Attorney Mark W. Catanzaro, Esq. Signed by Judge Jose E. Martinez on 8/10/2021. See attached document for full details. (jbs)
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| Filing 21 MOTION to Dismiss with Prejudice #1 Complaint, by CARA HIGGINS, LAUREN JENAI, Franklin Tucker. Responses due by 8/24/2021 (Attachments: #1 Certification Certification of Service, #2 Text of Proposed Order)(Ballarotto, Jerome) |
| Filing 20 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for MARK W. CATANZARO. Filing Fee $ 200.00 Receipt # AFLSDC-14915296 by CARA HIGGINS, LAUREN JENAI, Franklin Tucker. Responses due by 8/24/2021 (Attachments: #1 Certification Cert of Mark W. Catanzaro, Esq., #2 Text of Proposed Order)(Ballarotto, Jerome) |
| Filing 19 NOTICE of Attorney Appearance by Jerome A. Ballarotto on behalf of LAUREN JENAI. Attorney Jerome A. Ballarotto added to party LAUREN JENAI(pty:dft). (Ballarotto, Jerome) |
| Filing 18 NOTICE of Attorney Appearance by Jerome A. Ballarotto on behalf of Franklin Tucker. Attorney Jerome A. Ballarotto added to party Franklin Tucker(pty:dft). (Ballarotto, Jerome) |
| Filing 17 NOTICE of Attorney Appearance by Jerome A. Ballarotto on behalf of CARA HIGGINS. Attorney Jerome A. Ballarotto added to party CARA HIGGINS(pty:dft). (Ballarotto, Jerome) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Penny Phelps. SHERIFF RICK RAMSAY served on 7/21/2021, answer due 8/11/2021. (Shek, John) |
| Filing 15 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Penny Phelps. LAUREN JENAI served on 7/22/2021, answer due 8/12/2021. (Shek, John) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Penny Phelps. Franklin Tucker served on 7/22/2021, answer due 8/12/2021. (Shek, John) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Penny Phelps. CARA HIGGINS served on 7/23/2021, answer due 8/13/2021. (Shek, John) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Penny Phelps. (Shek, John) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Penny Phelps. Rick Ramsay served on 7/21/2021, answer due 8/11/2021. (Shek, John) |
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Filing 10
ORDER GRANTING MOTIONS TO APPEAR PRO HAC VICE re #8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Victor J. Mastromarco, Jr., Esq. and #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Kevin J. Kelly, Esq. Signed by Judge Jose E. Martinez on 7/28/2021. See attached document for full details. (jbs)
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| Filing 9 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for KEVIN J. KELLY. Pay.gov Agency Tracking ID FLSDC-14872987. Filing Fee $ 200.00 by Penny Phelps. Responses due by 8/10/2021 (Attachments: #1 Certification, #2 Designation, #3 Text of Proposed Order)(Shek, John) |
| Filing 8 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for VICTOR J. MASTROMARCO, JR.. Pay.gov Agency Tracking ID FLSDC-14872878. Filing Fee $ 200.00 by Penny Phelps. Responses due by 8/10/2021 (Attachments: #1 Certification, #2 Designation, #3 Text of Proposed Order)(Shek, John) |
| Attorney Kevin J. Kelly representing Phelps, Penny (Plaintiff); Attorney Victor J. Mastromarco representing Phelps, Penny (Plaintiff) Activated. (pt) |
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Filing 7
ORDER DENYING WITHOUT PREJUDICE #5 , #6 MOTIONS TO APPEAR PRO HAC VICE Attorney Victor J. Mastromarco representing Phelps, Penny (Plaintiff) Notice of Termination delivered by US Mail to Victor Mastromarco.; Attorney Kevin Kelly, representing Phelps, Penny (Plaintiff) Notice of Termination delivered by US Mail to Kevin Kelly. Signed by Judge Jose E. Martinez on 7/26/2021. See attached document for full details. (jbs) Modified text on 7/26/2021 (jbs).
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| Filing 6 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for KEVIN J. KELLY. Filing Fee $ 200.00 Receipt # AFLSDC-14872987 by Penny Phelps. Responses due by 8/9/2021 (Attachments: #1 Certification, #2 Text of Proposed Order)(Shek, John) |
| Filing 5 Plaintiff's MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for VICTOR J. MASTROMARCO. Filing Fee $ 200.00 Receipt # AFLSDC-14872878 by Penny Phelps. Responses due by 8/9/2021 (Attachments: #1 Certification of Victor Mastromarco, Jr., Esq., #2 Text of Proposed Order)(Shek, John) |
| Filing 4 Clerks Motion and Order for Appointment of Michelle Stewart as Process Server. Signed by Deputy Clerk (jbs) |
| Filing 3 Summons Issued as to CARA HIGGINS, LAUREN JENAI, Rick Ramsay, Franklin Tucker. (jbs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jacqueline Becerra 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. (jbs) |
| Filing 1 COMPLAINT against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14853200, filed by Penny Phelps. (Attachments: #1 Civil Cover Sheet, #2 Exhibit 1 (Right to Sue Letter - Compl. Par. 195), #3 Exhibit 2 (Request Appointment of Process Server), #4 Summon(s) RAMSAY - SHERIFF, #5 Summon(s) RAMSAY - INDIVIDUAL, #6 Summon(s) HIGGINS, #7 Summon(s) JENAI, #8 Summon(s) TUCKER, #9 Certification SHEK, J. - UPDATED ADDRESS & APPEARANCE)(Shek, John) |
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