Hicks v. Frazier et al
| Rachael E Hicks |
| Virginia Stucky Frazier and Bryan Hamilton |
| 9:2020cv80782 |
| May 12, 2020 |
| U.S. District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity-Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on June 11, 2020. A more recent docket listing may be available from PACER.
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Filing 40
ORDER CLOSING CASE. This case is DISMISSED WITHOUT PREJUDICE. The Clerk shall also DENY all pending motions AS MOOT. Signed by Judge Donald M. Middlebrooks on 6/11/2020. See attached document for full details. (kpe)
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| Filing 39 NOTICE of Voluntary Dismissal without Prejudice by Rachael E Hicks (Carrington, Brendon) |
| Filing 38 MOTION to Remand to State Court and for Reimbursement of Attorneys Fees and Costs by Rachael E Hicks. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit, #7 Exhibit, #8 Exhibit, #9 Exhibit)(Carrington, Brendon) |
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Filing 37
ORDER REFERRING CASE AND SETTING TRIAL DATE: ( Jury Trial set for 2/1/2021 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks., Calendar Call set for 1/27/2021 01:15 PM before Judge Donald M. Middlebrooks.), Signed by Judge Donald M. Middlebrooks on 6/8/2020. See attached document for full details. (kpe) #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 36 REPLY to Response to Motion re #23 Joint MOTION for Extension of Time to File Response/Reply/Answer Memorandums to Complaint filed by Bryan Hamilton. (Johnson, Lauren) |
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Filing 35
PAPERLESS ORDER granting in part #31 Plaintiff's Motion for Extension of Time. In the present Motion, Plaintiff seeks an extension of time to respond to motions filed in state court prior to removal and to reply to responses Defendants previously filed in state court. (DE #31 ). Plaintiff requests that the deadlines to file the applicable responses and replied be extended until "14 days after the Court rules on [Plaintiffs] forthcoming motion to remand." (Id. at 4). Defendants have consented to a limited extension; however, they oppose the indefinite extension requested by Plaintiff. (DE #34 ). Under these circumstances, I agree with Defendants and will therefore provide Plaintiff a limited extension to file the applicable responses and replies. Plaintiff shall file those responses and replies by June 29, 2020. Going forward, however, the Parties are advised that motions for extensions of time must establish that despite his or her diligence, the moving party was unable to comply with the applicable deadline. Signed by Judge Donald M. Middlebrooks on 6/4/2020. (jdr)
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| Filing 34 RESPONSE to Motion re #31 EXPEDITED MOTION to Extend any Deadlines to respond to the co-defendant's memorandum regarding the motions pending in State Court filed by Virginia Stucky Frazier. Replies due by 6/11/2020. (Mrachek, Lorin) |
| Filing 33 RESPONSE in Opposition re #23 Joint MOTION for Extension of Time to File Response/Reply/Answer Memorandums filed by Rachael E Hicks. Replies due by 6/10/2020. (Attachments: #1 Exhibit Hamilton's Motion for Enlargement of Time to Respond to the Complaint)(Carrington, Brendon) |
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Filing 32
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. Plaintiff has filed an Expedited Motion to Extend any Deadlines to Respond to the Co-Defendants' Memoranda Regarding the Motions Pending in State Court. (DE #31 ). In light of the expedited nature of the Motion, the Court ORDERS expedited briefing on the Motion. Defendants must file any response to the Motion by June 4, 2020. Signed by Judge Donald M. Middlebrooks on 6/3/2020. (jdr)
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| Filing 31 EXPEDITED MOTION to Extend any Deadlines to respond to the co-defendant's memorandum regarding the motions pending in State Court by Rachael E Hicks. (Carrington, Brendon) |
| Filing 30 REPLY to Response to Motion re #9 MOTION for Discovery in State Court To Be of No Effect filed by Virginia Stucky Frazier. (Mrachek, Lorin) |
| Filing 29 STATUS REPORT Defendants', Virginia Stucky Frazier and Bryan Hamilton, Joint Removal Status Report by Virginia Stucky Frazier (Mrachek, Lorin) |
| Filing 28 MEMORANDUM in Opposition to Plaintiff's Motion for Entry of Default (DE5-50) by Bryan Hamilton. (Attachments: #1 Exhibit Memo Rejecting Proposed Order, #2 Exhibit Notice of Default Not Entered)(Johnson, Lauren) |
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Filing 27
ORDER REQUIRING REMOVAL STATUS REPORT, ( Removal Status Report due by 6/3/2020.) Signed by Judge Donald M. Middlebrooks on 5/27/2020. See attached document for full details. (kpe)
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Filing 26
PAPERLESS ORDER granting #23 Defendant Bryan Hamilton and Plaintiff Rachael Hick's Joint Motion for Extension of Time. The Parties are instructed to file the briefing discussed in their Motion by June 3, 2020. Signed by Judge Donald M. Middlebrooks on 5/27/2020. (jdr)
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| Filing 25 MEMORANDUM in Support of Motion to Dismiss Complaint by Bryan Hamilton. (Attachments: #1 Exhibit Motion to Dismiss)(Johnson, Lauren) |
| Filing 24 Defendant's MOTION for Protective Order Memorandum in Support of Motion for Protective Order by Bryan Hamilton. (Attachments: #1 Exhibit Motion for Protective Order, #2 Exhibit Re-Notice of Deposition)(Johnson, Lauren) |
| Filing 23 Joint MOTION for Extension of Time to File Response/Reply/Answer Memorandums by Bryan Hamilton. (Attachments: #1 Exhibit Proposed Order)(Johnson, Lauren) |
| Filing 22 RESPONSE in Opposition re #9 MOTION for Discovery in State Court To Be of No Effect filed by Rachael E Hicks. Replies due by 6/2/2020. (Attachments: #1 Exhibit, #2 Exhibit, #3 Exhibit, #4 Exhibit)(Carrington, Brendon) |
| Filing 21 MEMORANDUM in Support Motion to Dismiss for Failure to State a Cause of Action and Lack of Personal Jurisdiction by Virginia Stucky Frazier. (Attachments: #1 Exhibit A - Motion to Dismiss)(Mrachek, Lorin) |
| Filing 20 MEMORANDUM in Support of Motion to Compel Scheduling of Plaintiff's, Rachel Hicks, Deposition by Virginia Stucky Frazier. (Attachments: #1 Exhibit A - Motion to Compel Deposition)(Mrachek, Lorin) |
| Filing 19 MEMORANDUM in Support of Motion for Protective Order by Virginia Stucky Frazier. (Attachments: #1 Exhibit A - Motion for Protective Order)(Mrachek, Lorin) |
| Filing 18 MEMORANDUM in Support of MOTION TO DETERMINE COMPLIANCE WITH AMENDED ORDER ON DEFENDANT'S MOTION TO COMPEL BETTER RESPONSES TO FIRST REQUEST TO PRODUCE REGARDING PERSONAL JURISDICTION by Virginia Stucky Frazier. (Attachments: #1 Exhibit A - Motion to Determine Compliance)(Mrachek, Lorin) |
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Filing 17
PAPERLESS ORDER granting Defendant Virginia Stucky Frazier's Expedited Motion to Exceed Page Requirement. (DE #11 ). This case was originally filed in state court. Prior to removal, Defendant filed a motion to dismiss which remained pending when this cased was removed. (Id.). In the present Motion, Defendant indicates that it will refile the motion with an attached memorandum of law. Defendant seeks leave to file a memorandum that exceeds the page limitation by five-pages. Plaintiff Rachel Hicks opposes the Motion for several reasons. (DE #14 ). Most of these reasons are procedural reasons, and in the interest of resolving the forthcoming motion to dismiss on its merits, I reject those arguments. Plaintiff also states that she has apparently already prepared a response to the motion, which she intended to file shortly. (Id. at 5). In her reply, Defendant states that she intends to modify the memorandum to incorporate the applicable federal standards. (DE #16 ). I will grant the Motion, as it will enable Defendant to present her motion to dismiss in the most coherent manner and utilizing the proper law. Defendant shall separately refile her Motion and incorporated memorandum of law by May 26, 2020 and Plaintiff shall respond by June 9, 2020. Signed by Judge Donald M. Middlebrooks on 5/22/2020. (jdr)
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| Filing 16 REPLY to Response to Motion re #11 MOTION for Leave to File Excess Pages Expedited filed by Virginia Stucky Frazier. (Attachments: #1 Exhibit 1 - Order Setting Hearing)(Mrachek, Lorin) |
| Filing 15 NOTICE by Bryan Hamilton re #9 MOTION for Discovery in State Court To Be of No Effect Notice of Joinder (Attachments: #1 Exhibit Request for Admission, #2 Exhibit Request for Production) (Johnson, Lauren) |
| Filing 14 RESPONSE in Opposition re #11 MOTION for Leave to File Excess Pages Expedited filed by Rachael E Hicks. Attorney Jeffrey David Fisher added to party Rachael E Hicks(pty:pla). Replies due by 5/29/2020. (Attachments: #1 Motion to dismiss)(Fisher, Jeffrey) |
| Filing 13 NOTICE by Bryan Hamilton re #1 Notice of Removal (State Court Complaint), Notice of Consent to Removal (Attachments: #1 Exhibit Declaration of Hamilton, #2 Exhibit Hamilton Driver License) (Johnson, Lauren) |
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Filing 12
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. Defendant Virginia Stucky Frazier has filed an Expedited Motion for Leave to Exceed Page Limitation. (DE #11 ). In light of the expedited nature of the Motion, the Court ORDERS expedited briefing on the Motion. Plaintiff must file any response to the Motion by 12:00 p.m. on May 22, 2020. Signed by Judge Donald M. Middlebrooks on 5/21/2020. (jdr)
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| Filing 11 MOTION for Leave to File Excess Pages Expedited by Virginia Stucky Frazier. (Attachments: #1 Text of Proposed Order)(Mrachek, Lorin) |
| Set Deadlines per DE 12 Order as to #11 Expedited Motion for Leave to Exceed Page Limitation. Responses due by 5/22/2020. (kpe) |
| Set Deadlines per DE 10 Order as to #9 MOTION. Responses due by 5/26/2020 (kpe) |
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Filing 10
PAPERLESS ORDER REQUIRING EXPEDITED BRIEFING. Defendant Virginia Stucky Frazier has filed a Motion regarding pre-removal discovery. (DE #9 ). The Court ORDERS expedited briefing on the Motion. Plaintiff must file any response to the Motion by May 26, 2020. Signed by Judge Donald M. Middlebrooks on 5/18/2020. (jdr)
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| Filing 9 MOTION for Discovery in State Court To Be of No Effect by Virginia Stucky Frazier. Responses due by 6/1/2020 (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E)(Mrachek, Lorin) |
| Filing 8 NOTICE of Attorney Appearance by Michael William Kranz on behalf of Virginia Stucky Frazier (Kranz, Michael) |
| Filing 7 NOTICE of Attorney Appearance by Adam Rabin on behalf of Bryan Hamilton (Rabin, Adam) |
| Filing 6 NOTICE of Attorney Appearance by Lauren Elizabeth Johnson on behalf of Bryan Hamilton (Johnson, Lauren) |
| Filing 5 APPENDIX to #1 Notice of Removal (State Court Complaint), by Virginia Stucky Frazier (Attachments: #1 Exhibit A - Notice of Filing, #2 Exhibit B - State Court Docket, #3 Appendix State Court DE#1, #4 Appendix State Court DE#2, #5 Appendix State Court DE#3, #6 Appendix State Court DE#4, #7 Appendix State Court DE#5, #8 Appendix State Court DE#7, #9 Appendix State Court DE#8, #10 Appendix State Court DE#9, #11 Appendix State Court DE#10, #12 Appendix State Court DE#11, #13 Appendix State Court DE#12, #14 Appendix State Court DE#13, #15 Appendix State Court DE#14, #16 Appendix State Court DE#15, #17 Appendix State Court DE#16, #18 Appendix State Court DE#17, #19 Appendix State Court DE#18, #20 Appendix State Court DE#19, #21 Appendix State Court DE#20, #22 Appendix State Court DE#21, #23 Appendix State Court DE#22, #24 Appendix State Court DE#23, #25 Appendix State Court DE#24, #26 Appendix State Court DE#25, #27 Appendix State Court DE#26, #28 Appendix State Court DE#27, #29 Appendix State Court DE#28, #30 Appendix State Court DE#29, #31 Appendix State Court DE#30, #32 Appendix State Court DE#31, #33 Appendix State Court DE#32, #34 Appendix State Court DE#33, #35 Appendix State Court DE#34, #36 Appendix State Court DE#35, #37 Appendix State Court DE#36, #38 Appendix State Court DE#37, #39 Appendix State Court DE#38, #40 Appendix State Court DE#42, #41 Appendix State Court DE#43, #42 Appendix State Court DE#44, #43 Appendix State Court DE#45, #44 Appendix State Court DE#46, #45 Appendix State Court DE#47, #46 Appendix State Court DE#48, #47 Appendix State Court DE#49, #48 Appendix State Court DE#50, #49 Appendix State Court DE#51, #50 Appendix State Court DE#52, #51 Appendix State Court DE#53, #52 Appendix State Court DE#54, #53 Appendix State Court DE#55, #54 Appendix State Court DE#56, #55 Appendix State Court DE#57, #56 Appendix State Court DE#58, #57 Appendix State Court DE#59, #58 Appendix State Court DE#60, #59 Appendix State Court DE#61, #60 Appendix State Court DE#62, #61 Appendix State Court DE#63, #62 Appendix State Court DE#64, #63 Appendix State Court DE#65, #64 Appendix State Court DE#66, #65 Appendix State Court DE#67, #66 Appendix State Court DE#68, #67 Appendix State Court DE#69, #68 Appendix State Court DE#70, #69 Appendix State Court DE#71, #70 Appendix State Court DE#72, #71 Appendix State Court DE#73, #72 Appendix State Court DE#74, #73 Appendix State Court DE#75, #74 Appendix State Court DE#76, #75 Appendix State Court DE#77, #76 Appendix State Court DE#78, #77 Appendix State Court DE#79, #78 Appendix State Court DE#80, #79 Appendix State Court DE#81, #80 Appendix State Court DE#82, #81 Appendix State Court DE#83, #82 Appendix State Court DE#84, #83 Appendix State Court DE#85, #84 Appendix State Court DE#86, #85 Appendix State Court DE#87, #86 Appendix State Court DE#88, #87 Appendix State Court DE#89, #88 Appendix State Court DE#90, #89 Appendix State Court DE#91, #90 Appendix State Court DE#92, #91 Appendix State Court DE#93, #92 Appendix State Court DE#94, #93 Appendix State Court DE#95)(Mrachek, Lorin) |
| Filing 4 NOTICE of Attorney Appearance by Jennifer Perrone on behalf of Virginia Stucky Frazier (Perrone, Jennifer) |
| Filing 3 NOTICE of Attorney Appearance by Lorin Louis Mrachek on behalf of Virginia Stucky Frazier (Mrachek, Lorin) |
| 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. (kpe) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint for Damages and Injunctive Relief) Filing fee $ 400.00 receipt number AFLSDC-12876632, filed by Virginia Frazier. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A - Complaint, #3 Exhibit B - Affidavit, #4 Exhibit C- Hodas Letter, #5 Exhibit D- Carrington Email, #6 Exhibit E - Joinder)(Mrachek, Lorin) |
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