Maki et al v. City of Riviera Beach et al
| JANNE D MAKI, SUSAN CRUISE, HUNTER SWANSON, DEBORAH MAKI, JANNE M MAKI, MATHEW MAKI, AMANDA SWANSON, Janne M. Maki and Janne D. Maki |
| WILLIAM LOUDEN, DEVON EDWARDS, City of Riviera Beach, JOSEPH HOFFMAN, JAVARIS HARVEY, Clarence Williams, III, KYLE CHRISTOFFELL and ANTHONY TEJEDA |
| 9:2020cv80326 |
| February 27, 2020 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Civil Rights: Other |
| 28 U.S.C. § 1443 cv |
| Both |
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This docket was last retrieved on April 23, 2020. A more recent docket listing may be available from PACER.
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Filing 28
PRETRIAL SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION. Amended Pleadings due by 5/11/2020., Discovery due by 8/24/2020., Joinder of Parties due by 5/11/2020., In Limine Motions due by 9/8/2020., Dispositive Motions due by 9/8/2020., Motions due by 9/8/2020., Pretrial Stipulation due by 10/13/2020. Signed by Magistrate Judge Dave Lee Brannon on 4/23/2020. See attached document for full details. (scn)
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Filing 27
ORDER REFERRING CASE AND SETTING TRIAL DATE - Calendar Call set for 11/4/2020 at 1:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Trial set for 11/9/2020 at 9:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by Judge Donald M. Middlebrooks on 4/22/2020. See attached document for full details. (ail)
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| Filing 26 Defendant's MOTION to Dismiss with Prejudice #20 Amended Complaint, (COUNTS IV, V, VI, VII, VIII, IX, X, XI, XII, XIII) AND MEMORANDUM OF LAW by Kyle Christoffell, Javaris Harvey, Joseph Hoffman, William Louden. Responses due by 5/1/2020 (Nash, Alan) |
| Filing 25 Defendant's MOTION TO DISMISS #20 Amended Complaint, FOR FAILURE TO STATE A CLAIM (COUNT II) AND MEMORANDUM OF LAW by City of Riviera Beach. Responses due by 5/1/2020 (Nash, Alan) |
| Filing 24 Defendant's MOTION for More Definite Statement (COUNT III) AND MEMORANDUM OF LAW by Kyle Christoffell, Javaris Harvey, Joseph Hoffman, William Louden. (Nash, Alan) |
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Filing 23
PAPERLESS ORDER granting #22 Defendants Christoffell, Hoffman, Louden and Harvey's Motion to Exceed Page Limitation. In the present Motion, Defendants Christoffell, Hoffman, Louden and Harvey seek leave to file a twenty-six page Motion to Dismiss Plaintiffs' Second Amended Complaint. (DE #22 ). Having reviewed the Motion, I find good cause to grant the request. Those Defendants may file a twenty-six page motion. To the extent necessary, Plaintiffs are permitted to file a twenty-six page response. Signed by Judge Donald M. Middlebrooks on 4/17/2020. (jdr)
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| Filing 22 Defendant's MOTION for Leave to File A MOTION IN EXCESS OF 20 PAGES by Kyle Christoffell, Javaris Harvey, Joseph Hoffman, William Louden. (Nash, Alan) |
| Filing 21 NOTICE OF CONVENTIONAL FILING of #20 Second Amended Complaint, by Susan Cruise, Deborah Maki, Janne M. Maki, Janne D. Maki, Mathew Maki, Amanda Swanson, Hunter Swanson. (scn) |
| Filing 20 SECOND AMENDED COMPLAINT against Kyle Christoffell, City of Riviera Beach, Devon Edwards, Javaris Harvey, Joseph Hoffman, William Louden, Anthony Tejeda, Clarence Williams, III filed in response to Order Granting Motion for Leave, filed by Amanda Swanson, Janne M. Maki, Susan Cruise, Mathew Maki, Deborah Maki, Janne D. Maki, Hunter Swanson.(scn) |
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Filing 19
ORDER GRANTING #16 LEAVE TO AMEND. ORDER denying as moot #3 Motion to Dismiss; denying as moot #4 Motion to Dismiss ; denying as moot #5 Motion for More Definite Statement.( Amended Complaint due by 4/6/2020.) Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Donald M. Middlebrooks on 4/2/2020. See attached document for full details. (kpe)
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| Filing 18 RESPONSE in Opposition re #16 MOTION for Leave to File Amended Complaint filed by Kyle Christoffell, City of Riviera Beach, Devon Edwards, Javaris Harvey, Joseph Hoffman, William Louden, Anthony Tejeda. Attorney Donald Terrance Hill added to party Kyle Christoffell(pty:dft), Attorney Donald Terrance Hill added to party City of Riviera Beach(pty:dft), Attorney Donald Terrance Hill added to party Devon Edwards(pty:dft), Attorney Donald Terrance Hill added to party Javaris Harvey(pty:dft), Attorney Donald Terrance Hill added to party Joseph Hoffman(pty:dft), Attorney Donald Terrance Hill added to party William Louden(pty:dft), Attorney Donald Terrance Hill added to party Anthony Tejeda(pty:dft). Replies due by 4/8/2020. (Hill, Donald) |
| Filing 17 NOTICE OF CONVENTIONAL FILING of #16 MOTION for Leave to File an Amended Complaint by Susan Cruise, Deborah Maki, Janne M. Maki, Janne D. Maki, Mathew Maki, Amanda Swanson, Hunter Swanson (ls) |
| Filing 16 MOTION for Leave to File an Amended Complaint by Susan Cruise, Deborah Maki, Janne M. Maki, Janne D. Maki, Mathew Maki, Amanda Swanson, Hunter Swanson. (Attachments: #1 Exhibit Proposed Amended Complaint)(ls) |
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Filing 15
PAPERLESS ORDER. On March 25, 2020, I entered an Order to Show Cause directing Plaintiffs to show cause as to why he failed to respond to several pending motions. (DE 12). On March 26, 2020, Plaintiffs responded to the show cause order. (DE #13 ). Plaintiffs assert that they previously filed a Motion for Leave to Amend their Complaint and therefore they believed that the pending motions were moot. (Id.). However, I denied the motion for leave to amend for failure to confer as required by the local rules. (DE 11). Although it is not entirely clear, it appears that Plaintiffs are attempting to improperly renew their motion for leave to amend in the Response (DE #13 ). If Plaintiffs desire to renew the Motion for Leave to Amend, they must separately file such a motion by March 27, 2020. In the event Defendants oppose the motion, they shall file a response by April 1, 2020. Signed by Judge Donald M. Middlebrooks on 3/26/2020. (jdr)
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| Filing 14 NOTICE OF CONVENTIONAL FILING of #13 Response to Order to Show Cause by Susan Cruise, Deborah Maki, Janne M. Maki, Janne D. Maki, Mathew Maki, Amanda Swanson, Hunter Swanson (ls) |
| Filing 13 RESPONSE TO ORDER TO SHOW CAUSE re 12 Order,,, by Amanda Swanson, Janne M. Maki, Susan Cruise, Mathew Maki, Deborah Maki, Janne D. Maki, Hunter Swanson. (ls) |
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Filing 12
PAPERLESS ORDER TO SHOW CAUSE. Plaintiffs' responses to several pending motions (DE #3 , DE #4 , DE #5 ) were originally due by March 12, 2020. On that deadline, Plaintiff moved for and I granted an extension of time to respond. (DE #6 ; DE 8). However, the extended deadline to respond has passed and Plaintiffs failed to file any response. Accordingly, Plaintiffs shall show cause by March 27, 2020, in writing, (1) why the motions should not be granted and (2) why Plaintiffs failed to file timely responses. Plaintiffs' failure to respond to this Order to Show Cause may result in the motions being granted by default pursuant to Local Rule 7.1(c). Alternatively, failure to respond to this Order may result in this action being dismissed for failure to prosecute. See Fed. R. Civ. P. 41(b). Signed by Judge Donald M. Middlebrooks on 3/25/2020. (jdr)
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Filing 11
PAPERLESS ORDER denying without prejudice #9 Plaintiff's Motion for Leave to Amend Complaint. Pursuant to S.D. Fla. Local Rule 7.1(a)(3), prior to filing any motion in a civil case, counsel for the moving party shall certify "that counsel for the movant has conferred with all parties or non-parties who may be affected by the relief sought in the motion in a good faith effort to resolve the issues raised in the motion and has been unable to do so." S.D. Fla. L.R. 7.1(a)(3). Plaintiff has not provided such certification in the Motion for Leave to Amend. Accordingly, Plaintiff's motion is denied without prejudice, and Plaintiff may only re-file the motion after conferring with Defendants and indicating their position in any re-filed motion. Signed by Judge Donald M. Middlebrooks on 3/20/2020. (jdr)
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| Filing 10 NOTICE OF CONVENTIONAL FILING of #9 MOTION for Leave to File by Susan Cruise, Deborah Maki, Janne M. Maki, Janne D. Maki, Mathew Maki, Amanda Swanson, Hunter Swanson (pcs) |
| Filing 9 MOTION for Leave to File an Amended Complaint by Susan Cruise, Deborah Maki, Janne M. Maki, Janne D. Maki, Mathew Maki, Amanda Swanson, Hunter Swanson. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(pcs) |
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Filing 8
PAPERLESS ORDER granting #6 Plaintiff's Motion for Extension of Time. Plaintiff shall respond to the pending motion by March 19, 2019. Signed by Judge Donald M. Middlebrooks on 3/12/2020. (jdr)
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| Filing 7 NOTICE OF CONVENTIONAL FILING of #6 MOTION for Extension of Time to File Response/Reply/Answer as to #5 Defendant's MOTION for More Definite Statement (COUNT III)and Memorandum of Law, #3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint by Susan Cruise, Deborah Maki, Janne M. Maki, Janne D. Maki, Mathew Maki, Amanda Swanson, Hunter Swanson (ls) |
| Filing 6 MOTION for Extension of Time to File Response/Reply/Answer as to #5 Defendant's MOTION for More Definite Statement (COUNT III) and Memorandum of Law, #3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM , #4 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM by Susan Cruise, Deborah Maki, Janne M. Maki, Janne D. Maki, Mathew Maki, Amanda Swanson, Hunder Swanson. (ls) |
| Filing 5 Defendant's MOTION for More Definite Statement (COUNT III) AND MEMORANDUM OF LAW by KYLE CHRISTOFFELL, JAVARIS HARVEY, JOSEPH HOFFMAN, WILLIAM LOUDEN. (Nash, Alan) |
| Filing 4 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM by KYLE CHRISTOFFELL, JAVARIS HARVEY, JOSEPH HOFFMAN, WILLIAM LOUDEN. Responses due by 3/12/2020 (Nash, Alan) |
| Filing 3 Defendant's MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),,, FOR FAILURE TO STATE A CLAIM by City of Riviera Beach. Responses due by 3/12/2020 (Nash, Alan) |
| 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. (pcs) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Plaintiffs' First Amended Complaint) Filing fee $ 400.00 receipt number AFLSDC-12521907, filed by JOSEPH HOFFMAN, KYLE CHRISTOFFELL, WILLIAM LOUDEN, City of Riviera Beach, JAVARIS HARVEY. (Attachments: #1 Civil Cover Sheet, #2 Exhibit Palm Beach docket, #3 Exhibit Complaint- State, #4 Exhibit Amended Complaint- State, #5 Exhibit Summons- City of Riviera Beach - State, #6 Exhibit Summons- Hoffman- State, #7 Exhibit Summons- Christoffell- State, #8 Exhibit Summons- Harvey- State, #9 Exhibit Summons- Louden- State, #10 Exhibit Notice of Appearance - State, #11 Exhibit Summons-Williams- State, #12 Exhibit Summons-Tejeda- State, #13 Exhibit Summons-Edwards- State)(Nash, Alan) No Answer/Motion to Dismiss filed. Modified on 2/27/2020 (pcs). |
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