Support Working Animals, Inc. et al v. Desantis et al
| Gloria Thomas, Jan George Kennel, LLC, Michael Gerard, Sharon Dippel, Seminole Animal Supply, Inc., Don Jarrett Greyhound Transportation, Kacer Kennel, LLC, Support Working Animals, Inc., Capabal Kennel, Inc., Anthony Calvo, Kurt Trzecaik, Jamie Testa, Marsella Racing, Inc., Richard Marcoux, Melody Alves, Donna Hahn Malbouef and Richard Alves |
| Ashley Moody, Ron Desantis and Laurel Lee |
| 9:2019cv81364 |
| October 4, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Civil Rights: Other |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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This docket was last retrieved on November 19, 2019. A more recent docket listing may be available from PACER.
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| Filing 29 ACKNOWLEDGMENT OF RECEIPT. Case transferred from Florida Southern has been opened in Northern District of Florida as case 4:19-cv-00570, filed 11/19/2019. (bb) |
| Filing 28 Notice of Entry of Parties Listed on #24 Amended Complaint, 25 Clerks Notice of Docket Correction and Instruction to Filer - Attorney, into CM/ECF. NOTE: New Filer(s) will appear twice, since they are also a new party in the case. New Filer(s)/Party(s): Melody Alves, Richard Alves, Kurt Trzecaik, Jamie Testa, Anthony Calvo, Marsella Racing, Inc., Donna Hahn Malbouef and Richard Marcoux, Jamie Testa, Anthony Calvo, Kurt Trzecaik, Marsella Racing, Inc., Melody Alves, Richard Marcoux, Richard Alves and Donna Hahn Malbouef.. Attorney Dawn Marie Alba added to party Melody Alves(pty:pla), Attorney Dawn Marie Alba added to party Richard Alves(pty:pla), Attorney Dawn Marie Alba added to party Kurt Trzecaik(pty:pla), Attorney Dawn Marie Alba added to party Jamie Testa(pty:pla), Attorney Dawn Marie Alba added to party Anthony Calvo(pty:pla), Attorney Dawn Marie Alba added to party Marsella Racing, Inc.(pty:pla), Attorney Dawn Marie Alba added to party Donna Hahn Malbouef(pty:pla), Attorney Dawn Marie Alba added to party Richard Marcoux(pty:pla). (Alba, Dawn) |
| Filing 27 Summons Reissued as to Ron Desantis, Laurel Lee, Ashley Moody. (mc) |
Filing 26
ORDER TRANSFERRING CASE TO THE TALLAHASSEE DIVISION OF THE NORTHERN DISTRICT OF FLORIDA. Closing Case. Motions terminated: #16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, Defendant's MOTION to Change Venue filed by Laurel Lee, Ashley Moody, Ron Desantis. Signed by Judge Donald M. Middlebrooks on 11/19/2019. See attached document for full details. (drz)
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| Filing 25 Clerks Notice to Filer re #24 Amended Complaint. Parties Not Added; ERROR - The Filer failed to add all parties from the amended complaint. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties. (mc) |
| SYSTEM ENTRY - Case 9:19-cv-81364 electronically transferred out to Florida Northern. (drz) |
| Filing 24 First AMENDED COMPLAINT AND JOINDER OF ADD'L PARTIES against All Defendants, filed by Support Working Animals, Inc.. (Attachments: #1 Summon(s), #2 Summon(s), #3 Summon(s))(Alba, Dawn) |
| Filing 23 STIPULATION re #16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, Defendant's MOTION to Change Venue to the Northern District of Florida, Tallahassee Division by Ron Desantis (Primrose, Nicholas) |
| Filing 22 Initial Disclosure(s) of Joint Discovery Plan Re: #7 Scheduling Order,,,, Order Referring Case to Mediation,,, by Laurel Lee (Davis, Ashley) |
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Filing 21
PAPERLESS ORDER granting #18 Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendants' Motion to Dismiss. Defendants filed a Motion to Dismiss (DE #16 ) on October 31, 2019, meaning Plaintiffs' response is currently due by November 14, 2019. In the present Motion, Plaintiffs ask that this deadline be extended to November 22, 2019. Although Plaintiffs fail to give any reason why they require this extension, I will grant the motion in the interest of judicial efficiency. Going forward, however, Plaintiffs are advised that motions for extension must be supported with specific reasons why they cannot comply with the applicable deadline(s). Plaintiffs' deadline to respond to Defendants' Motion to Dismiss is hereby extended to November 22, 2019. This extended deadline does not excuse the Parties from compliance with all of the other pretrial deadlines previously set by the Court. (DE #7 ). Signed by Judge Donald M. Middlebrooks on 11/7/2019. (kal)
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Filing 20
PAPERLESS ORDER striking #17 Plaintiffs' Unopposed Motion for Enlargement of Time to Respond to Defendants' Motion to Dismiss. On the same day Plaintiffs filed the present Motion, they also filed a corrected version of the Motion (DE #18 ). Accordingly, the initial Motion is stricken. Signed by Judge Donald M. Middlebrooks on 11/7/2019. (kal)
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| Filing 19 NOTICE of Striking #17 Unopposed MOTION for Extension of Time TO RESPOND TO DEFENDANT'S MOTION TO DISMISS re #16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, Defendant's MOTION to Change Venue filed by Seminole Animal Supply, Inc. by Support Working Animals, Inc. (Alba, Dawn) |
| Filing 18 Unopposed MOTION for Extension of Time FOR RESPONSE TO DEFENDANT'S MOTION TO DISMISS re #17 Unopposed MOTION for Extension of Time TO RESPOND TO DEFENDANT'S MOTION TO DISMISS re #16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, Defendant's MOTION to Change Venue by Support Working Animals, Inc.. Responses due by 11/20/2019 (Attachments: #1 Text of Proposed Order)(Alba, Dawn) |
| Filing 17 STRICKEN Unopposed MOTION for Extension of Time TO RESPOND TO DEFENDANT'S MOTION TO DISMISS re #16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, Defendant's MOTION to Change Venue by Seminole Animal Supply, Inc.. Responses due by 11/20/2019 (Alba, Dawn) Modified on 11/7/2019 stricken per de#19 (dj). |
| Filing 16 Defendant's MOTION to Dismiss with Prejudice #1 Complaint 42 USC 1983 or Bivens, , Defendant's MOTION to Change Venue by Ron Desantis, Laurel Lee, Ashley Moody. Responses due by 11/14/2019 (Attachments: #1 Exhibit Incorporation and Licensing Documents)(Primrose, Nicholas) |
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Filing 15
PAPERLESS ORDER granting #13 Defendants' Unopposed Motion for Leave to File Consolidated Response to Exceed Page Limitation. Defendants may jointly file one response (up to forty pages) to the Complaint. Signed by Judge Donald M. Middlebrooks on 10/30/2019. (kal)
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| Filing 14 NOTICE of Attorney Appearance by Blaine H Winship on behalf of Ashley Moody. Attorney Blaine H Winship added to party Ashley Moody(pty:dft). (Winship, Blaine) |
| Filing 13 Unopposed MOTION for Leave to File Excess Pages for Consolidated Response by Ron Desantis. Attorney Nicholas Allen Primrose added to party Ron Desantis(pty:dft). (Primrose, Nicholas) |
| Filing 12 NOTICE of Attorney Appearance by Ashley Davis on behalf of Laurel Lee. Attorney Ashley Davis added to party Laurel Lee(pty:dft). (Davis, Ashley) |
| Filing 11 NOTICE of Compliance SERVICE OF FLORIDA ATTORNEY GENERAL by Support Working Animals, Inc. re #1 Complaint 42 USC 1983 or Bivens, filed by Michael Gerard, Capabal Kennel, Inc., Seminole Animal Supply, Inc., Kacer Kennel, LLC, Jan George Kennel, LLC, Don Jarrett Greyhound Transportation, Gloria Thomas, Support Working Animals, Inc. (Alba, Dawn) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Support Working Animals, Inc.. Ron Desantis served on 10/10/2019, answer due 10/31/2019; Laurel Lee served on 10/10/2019, answer due 10/31/2019; Ashley Moody served on 10/10/2019, answer due 10/31/2019. (Alba, Dawn) |
| Filing 9 Clerks Notice of Docket Correction re #8 Order. Duplicate order entered inadvertently. Please see original #5 Order. Docket Text Modified by Clerk. (sk) |
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Filing 8
(Duplicate) ORDER REFERRING CASE and Setting Trial Date: ( Jury Trial set for 6/8/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/3/2020 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 10/8/2019. See attached document for full details. (drz) #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. Modified text/status per Chambers on 10/11/2019 (sk).
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Filing 7
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 11/18/2019., Discovery due by 3/9/2020., Joinder of Parties due by 11/18/2019., In Limine Motions due by 4/6/2020., Dispositive Motions due by 4/6/2020., Motions due by 4/6/2020., Pretrial Stipulation due by 5/11/2020., Jury Trial set for 6/8/2020 09:00 AM before Judge Donald M. Middlebrooks., Calendar Call set for 6/3/2020 01:15 PM before Judge Donald M. Middlebrooks.)and ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 10/8/2019. See attached document for full details. (drz) #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 6 Summons Issued as to Ron Desantis, Laurel Lee, Ashley Moody. (dj) |
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Filing 5
ORDER REFERRING CASE and Setting Trial Date: ( Jury Trial set for 6/8/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 6/3/2020 01:15 PM before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 10/8/2019. See attached document for full details. (drz) #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 4 NOTICE of Filing Proposed Summons(es) MOODY, DESANTIS, LEE by Support Working Animals, Inc. re #1 Complaint 42 USC 1983 or Bivens, filed by Michael Gerard, Capabal Kennel, Inc., Seminole Animal Supply, Inc., Kacer Kennel, LLC, Jan George Kennel, LLC, Don Jarrett Greyhound Transportation, Gloria Thomas, Support Working Animals, Inc. (Attachments: #1 Summon(s), #2 Summon(s)) (Alba, Dawn) |
| Filing 3 Clerks Notice to Filer re: Electronic Case. Party(ies) Improperly Formatted. The Filer failed to enter the party name(s) in accordance with the CM/ECF Format for Adding Parties for Attorneys Guide. The correction was made. It is not necessary to re-file the document. (drz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (drz) |
| Filing 1 Complaint pursuant to 42 USC 1983 against All Defendants. Filing fee $ 400.00 receipt number 113C-12040954, filed by Gloria Thomas, Capabal Kennel, Inc., Don Jarrett Greyhound Transportation, Seminole Animal Supply, Inc., Kacer Kennel, LLC, Jan George Kennel, LLC, Michael Gerard, Support Working Animals, Inc.. (Attachments: #1 Civil Cover Sheet)(Alba, Dawn) |
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