RUIZ DE GAMBOA v. Newth Gardens Association, Inc. et al
| ALBERTO M. RUIZ DE GAMBOA |
| Newth Gardens Association, Inc., Jory Newman, James W. Barner, Susan Tolisano, Anne Molinari, Adelaide M. Eckert and David Carreau |
| 9:2019cv81510 |
| November 6, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Civil Rights: Accommodations |
| 28 U.S.C. § 1441 |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 31, 2019. A more recent docket listing may be available from PACER.
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| Filing 14 RESPONSE in Opposition re #12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by ALBERTO M. RUIZ DE GAMBOA. Replies due by 1/7/2020. (Mutamba, Denise) |
| Filing 13 Joint SCHEDULING REPORT - Rule 26(f) by ALBERTO M. RUIZ DE GAMBOA (Mutamba, Denise) |
| Filing 12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by James W. Barner, David Carreau, Adelaide M. Eckert, Anne Molinari, Jory Newman, Newth Gardens Association, Inc., Susan Tolisano. Responses due by 12/31/2019 (Kolton, Seth) |
| Filing 11 NOTICE of Attorney Appearance by Eneami Bestman on behalf of ALBERTO M. RUIZ DE GAMBOA. Attorney Eneami Bestman added to party ALBERTO M. RUIZ DE GAMBOA(pty:pla). (Bestman, Eneami) |
| Filing 10 NOTICE of Attorney Appearance by Tequisha Yvette Myles on behalf of ALBERTO M. RUIZ DE GAMBOA. Attorney Tequisha Yvette Myles added to party ALBERTO M. RUIZ DE GAMBOA(pty:pla). (Myles, Tequisha) |
| Filing 9 NOTICE of Mediator Selection. Selected/Added Karen Evans as Mediator. (Mutamba, Denise) |
Filing 8
PAPERLESS ORDER denying #7 Joint Motion to Amend Pretrial Scheduling Order. The Parties move to continue the trial date and to extend all pretrial deadlines because, according to them, the current schedule "does not provide the Parties adequate time to select a mediator, amend their pleadings, select expert witnesses, or create a discovery plan." (DE #7 at 2). The Scheduling Order may be modified only "upon a showing of good cause." Fed. R. Civ. P. 16(b)(4). "This good cause standard precludes modification unless the schedule cannot 'be met despite the diligence of the party seeking the extension.'" Sosa v. Airprint Sys., Inc., 133 F.3d 1417, 1418 (11th Cir. 1998) (citing Fed. R. Civ. P. 16 advisory committee's note). There are no facts set forth in the Joint Motion which would demonstrate that the Parties will be unable to comply with the current pretrial schedule even if diligent. The Motion describes in general terms the discovery that the Parties anticipate will be exchanged in this case. (DE #7 ). The Parties then assert that this anticipated discovery will involve the production of "a large amount of [] documents." (Id.) However, the Motion fails to offer further specificity detailing what discovery has occurred to date, or what obstacles the Parties have encountered thus far, or will encounter in the discovery process going forward. Accordingly, the Parties' generalized and conclusory assertions are insufficient to warrant the relief sought, and the request to extend all deadlines and continue the trial is denied. The Parties are reminded that they may consent to the jurisdiction of United States Magistrate Judge Dave Lee Brannon, who generally allows the Parties great flexibility in setting the course and schedule, including the trial date, of their case. The consent form can be found at Appendix A of the Pretrial Scheduling Order (DE #6 at 8-9). Signed by Judge Donald M. Middlebrooks on 12/9/2019. (kal)
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| Filing 7 Joint MOTION to Amend/Correct #6 Scheduling Order,,,, Order Referring Case to Mediation,,, by ALBERTO M. RUIZ DE GAMBOA. Responses due by 12/20/2019 (Mutamba, Denise) |
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Filing 6
PRETRIAL SCHEDULING ORDER: ( Amended Pleadings due by 1/13/2020., All Discovery due by 4/27/2020., Joinder of Parties due by 1/13/2020., In Limine Motions due by 5/11/2020., Dispositive Motions due by 5/11/2020., Pretrial Motions due by 5/11/2020., Joint Pretrial Stipulation due by 6/22/2020., Joint Scheduling Report due by 12/18/2019, Jury Trial set for 7/20/2020 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/15/2020 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge Dave Lee Brannon on 11/26/2019. See attached document for full details. (lk) #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 5
SCHEDULING ORDER: ( Trial set for 7/20/2020 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 7/15/2020 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks.), ORDER REFERRING CASE to Magistrate Judge Dave Lee Brannon to enter a Scheduling Order. Signed by Judge Donald M. Middlebrooks on 11/20/2019. See attached document for full details. (pes) #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 on 11/20/2019 (pes).
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| Filing 4 NOTICE by James W. Barner, David Carreau, Adelaide M. Eckert, Anne Molinari, Jory Newman, Newth Gardens Association, Inc., Susan Tolisano re #1 Notice of Removal (State Court Complaint), 3 Clerks Notice to Filer re: Electronic Case CIVIL COVER SHEET. Attorney Seth Adam Kolton added to party David Carreau(pty:dft), Attorney Seth Adam Kolton added to party Adelaide M. Eckert(pty:dft), Attorney Seth Adam Kolton added to party Jory Newman(pty:dft), Attorney Seth Adam Kolton added to party Newth Gardens Association, Inc.(pty:dft). (Kolton, Seth) |
| 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. (jas) |
| 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. 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. (jas) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Notice of Removal) Filing fee $ 400.00 receipt number 113C-12127108, filed by Anne Molinari, Susan Tolisano, David Carreau, Jory Newman, Newth Gardens Association, Inc., Adelaide M. Eckert.(Kolton, Seth) |
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