LUCAS v. City of Delray Beach et al
Plaintiff: NICOLE OFSOWITZ LUCAS
Defendant: Anthony Martinez, Javaro A Sims, City of Delray Beach, a Florida municipal corporation, Scott Privitera and City of Delray Beach
Case Number: 9:2021cv80469
Filed: March 3, 2021
Court: US District Court for the Southern District of Florida
Presiding Judge: Roy K Altman
Referring Judge: Dave Lee Brannon
2 Judge: William Matthewman
Nature of Suit: Civil Rights: Jobs
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: None
Docket Report

This docket was last retrieved on September 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
January 7, 2022 Opinion or Order Filing 83 NOTICE of Attorney Appearance by Lindsay Marie Massillon on behalf of City of Delray Beach. Attorney Lindsay Marie Massillon added to party City of Delray Beach(pty:dft). (Massillon, Lindsay)
December 28, 2021 Opinion or Order Filing 82 AMENDED ORDER SCHEDULING MEDIATION before Pamela I Perry (Mediation Hearing set for 1/19/2022 10:00 AM ), granting #80 Joint MOTION for Extension of Time to Mediate filed by NICOLE OFSOWITZ LUCAS. Signed by Judge Roy K. Altman on 12/27/2021. See attached document for full details. (pcs)
December 17, 2021 Opinion or Order Filing 81 Plaintiff's REPLY to Response to Motion re #68 MOTION for Extension of Time to Amend #29 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, filed by NICOLE OFSOWITZ LUCAS. (Attachments: #1 Exhibit Notice of Recovation, #2 Errata Memorandum of Undstanding, #3 Errata Collective Bargaining Agreement - Article 40)(Amlong, Karen)
December 17, 2021 Opinion or Order Filing 80 Joint MOTION for Extension of Time to Mediate by NICOLE OFSOWITZ LUCAS. (Attachments: #1 Text of Proposed Order Granting Joint Motion)(Amlong, Karen)
December 10, 2021 Opinion or Order Filing 79 RESPONSE in Opposition re #68 MOTION for Extension of Time to Amend #29 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, filed by City of Delray Beach. Replies due by 12/17/2021. (Attachments: #1 Exhibit)(Hsu, Alen)
December 10, 2021 Opinion or Order Filing 78 TRANSCRIPT of Zoom Motion Hearing held on 11-5-21 before Judge Roy K. Altman, Volume Number 1 of 1, 1-43 pages, Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter Francine Salopek before the deadline for Release of Transcript Restriction. After that date it may be obtained through the Court Reporter Francine Salopek and PACER. Redaction Request due 1/3/2022. Redacted Transcript Deadline set for 1/10/2022. Release of Transcript Restriction set for 3/10/2022. (fs)
December 8, 2021 Opinion or Order Filing 77 ORDER DENYING PLAINTIFF'S CORRECTED MOTION TO COMPEL BETTER DISCOVERY RESPONSES [DE 62]. Signed by Magistrate Judge William Matthewman on 12/8/2021. See attached document for full details. (kza)
December 8, 2021 Opinion or Order Filing 76 NOTICE of Attorney Appearance by William Robert Amlong on behalf of NICOLE OFSOWITZ LUCAS. Attorney William Robert Amlong added to party NICOLE OFSOWITZ LUCAS(pty:pla). (Amlong, William)
December 8, 2021 Opinion or Order Filing 75 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Motion Hearing held on 12/8/2021 re #62 Plaintiff's Corrected MOTION to Compel Better Discovery Responses. Argument held. The Court denied the motion. Written order to be issued. Total time in court: 28 minutes. Attorney Appearance(s): William Amlong for Plaintiff, Alen H. Hsu and Lawonda Warren for Defendant. (Digital 15:00:32) (kza)
December 8, 2021 Opinion or Order Filing 74 PAPERLESS ORDER GRANTING #72 the Defendant's Unopposed Motion for Enlargement of Time to Respond to #68 the Plaintiff's Motion to Amend the Scheduling Order. The Defendant shall respond by December 10, 2021. Signed by Judge Roy K. Altman on 12/8/2021. (jk01)
December 8, 2021 Opinion or Order Reset Deadlines Per DE#74. Responses due by 12/10/2021 (cqs)
December 6, 2021 Opinion or Order Filing 73 NOTICE of Compliance by NICOLE OFSOWITZ LUCAS re 66 Order on Motion for Extension of Time,,,,,,,,,, (Amlong, Karen)
December 6, 2021 Opinion or Order Filing 72 Unopposed MOTION for Extension of Time to Respond to Plaintiff's Motion to Amend the Scheduling Order re #68 MOTION for Extension of Time to Amend #29 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by City of Delray Beach. Responses due by 12/20/2021 (Attachments: #1 Text of Proposed Order)(Hsu, Alen)
November 29, 2021 Opinion or Order Filing 71 RESPONSE in Opposition re #62 Corrected MOTION to Compel Plaintiff's Better discovery Responses filed by City of Delray Beach. Replies due by 12/6/2021. (Attachments: #1 Exhibit 1)(Hsu, Alen)
November 24, 2021 Opinion or Order Filing 70 PAPERLESS ORDER granting #69 Unopposed Motion For Enlargement Of Time To File, If Necessary, Motion To Compel Better Responses To Discovery Requests. Good cause shown, the deadline for Defendant to file a motion to compel shall be extended to December 1, 2021. Signed by Magistrate Judge William Matthewman on 11/24/2021. (jb02)
November 24, 2021 Opinion or Order Filing 69 Unopposed MOTION for Extension of Time to File Motion to Compel Better Responses to Discovery, If Necessary by City of Delray Beach. Responses due by 12/8/2021 (Attachments: #1 Exhibit 1 - Notice of Depositions in Other Matters, #2 Exhibit 2 - Trial Order and Notice in Other Matters)(Hsu, Alen)
November 23, 2021 Opinion or Order Filing 68 MOTION for Extension of Time to Amend #29 Scheduling Order,,,,, Order Referring Case to Mediation,,,,, Order Referring Case to Magistrate Judge,,,, by NICOLE OFSOWITZ LUCAS. Responses due by 12/7/2021 (Attachments: #1 Exhibit Proposed Second Amended Complaint)(Amlong, Karen)
November 23, 2021 Opinion or Order Filing 67 ANSWER and Affirmative Defenses to Amended Complaint by City of Delray Beach. Attorney Marice Guzman added to party City of Delray Beach(pty:dft). (Guzman, Marice)
November 22, 2021 Opinion or Order Filing 66 PAPERLESS ORDER: The Court has carefully reviewed Plaintiff's Unopposed Motion to Enlarge and/or Accept Out of Time Plaintiff's Corrected Motion to Compel Better Discovery Responses #65 . Good cause shown, the Plaintiff's Unopposed Motion #65 is GRANTED, and the Court will consider Plaintiff's Corrected Motion to Compel #62 . In reviewing Plaintiff's Motion to Compel #62 , the Court notes that although the body of the Motion to Compel states that the parties have conferred, the Motion to Compel does not comply with Local Rule 7.1 (a)(3), which requires a certificate of conferral "[a]t the end of the motion, and above the signature block[.]" The Court previously reminded counsel of this requirement in a prior order 47 . Nonetheless, on this final occasion, and in light of the representations made in the body of the Motion, the Court will consider the Motion to Compel for purposes of judicial economy. All future discovery motions, responses, and replies shall comply with Court orders and the applicable rules. Defendant shall respond to Plaintiff's Corrected Motion to Compel by November 29, 2021, and Plaintiff shall reply by December 2, 2021. The parties shall carefully read and otherwise comply with the Order Setting Discovery Procedure #45 . A hearing on the Motion shall be conducted via Zoom video teleconference (VTC) on December 8, 2021, at 3:00 p.m. in the West Palm Beach Division before Magistrate Judge William Matthewman. The undersigned's Courtroom Deputy, Ken Zuniga, will, at a later date, email instructions for accessing the Zoom VTC hearing to counsel. In advance of the scheduled hearing, the Court directs the parties' counsel to confer, either in person or by telephone, in good faith and for as long as necessary to address the pending discovery dispute. Thereafter, counsel for the parties shall file, by or before December 6, 2021, a Joint Notice advising whether the discovery dispute has been resolved, and if not, what specific issues remain for determination by the Court and a brief recitation of the position of Plaintiff and Defendant on each specific issue. The Court shall consider sanctions or cost-shifting under Rule 37 or other applicable rules and law against any party or counsel who fails to comply with all discovery obligations, fails to comply with applicable rules and orders, or who takes a frivolous, dilatory, or unreasonable discovery position. If the parties resolve the disputes raised in this Motion in whole or in part prior to the hearing, the Court shall be promptly notified. Signed by Magistrate Judge William Matthewman on 11/22/2021. (jb02)
November 19, 2021 Opinion or Order Filing 65 Unopposed MOTION for Extension of Time Corrected Motion to Compel Better Discovery Responses re #62 Corrected MOTION to Compel Plaintiff's Better discovery Responses by NICOLE OFSOWITZ LUCAS. Responses due by 12/3/2021 (Amlong, Karen)
November 19, 2021 Opinion or Order Filing 64 PAPERLESS ORDER: The Court has carefully reviewed the docket as to the parties' discovery disputes. First, Plaintiff's Motion to Compel #61 is DENIED as Moot in light of the filing of Plaintiff's Corrected Motion to Compel #62 . Second, the Court has carefully reviewed Plaintiff's Corrected Motion to Compel #62 filed on Wednesday, November 17, 2021. As the Motion is untimely pursuant to the Court's prior order 56 , the Motion notes that Plaintiff "will on Thursday, November 18, file a motion to enlarge time to file this motion to compel based on excusable neglect." No such motion was filed despite the representation of Plaintiff's counsel. As such, Plaintiff shall file its motion regarding its alleged excusable neglect by 5:00 p.m. today, November 19, 2021, for the Court's consideration, or the pending Corrected Motion to Compel #62 shall be denied as untimely. Signed by Magistrate Judge William Matthewman on 11/19/2021. (jb02)
November 19, 2021 Opinion or Order Filing 63 NOTICE of Compliance (Joint) by City of Delray Beach re #60 Order on Motion to Dismiss for Failure to State a Claim (Hsu, Alen)
November 17, 2021 Opinion or Order Filing 62 Corrected MOTION to Compel Plaintiff's Better discovery Responses by NICOLE OFSOWITZ LUCAS. Responses due by 12/1/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Amlong, Karen)
November 17, 2021 Opinion or Order Filing 61 Plaintiff's MOTION to Compel Plaintiff's Better discovery Responses by NICOLE OFSOWITZ LUCAS. Responses due by 12/1/2021 (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8, #9 Exhibit 9)(Amlong, Karen)
November 9, 2021 Opinion or Order Filing 60 ORDER Denying #31 Motion to Dismiss for Failure to State a Claim. Settlement Agreement due by 11/19/2021. Signed by Judge Roy K. Altman on 11/8/2021. See attached document for full details. (cds)
November 5, 2021 Opinion or Order Filing 59 PAPERLESS Minute Entry for proceedings held before Judge Roy K. Altman: Motion Hearing held on 11/5/2021 re #10 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by City of Delray Beach, Scott Privitera, Anthony Martinez, Javaro A Sims. Total time in court: 0 hour(s) : 50 minutes. Attorney Appearance(s): Alen H. Hsu, Karen Coolman Amlong, Court Reporter: Francine Salopek, 305-301-3276 / mjsfcs@aol.com. (mpt)
November 4, 2021 Opinion or Order Filing 58 PAPERLESS NOTICE of Hearing: **TIME CHANGE ONLY** re #31 Defendant's MOTION TO DISMISS #25 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Strike Allegations Regarding Plaintiff's Husband Motion Hearing moved to 11/5/2021 at 04:00 PM before Judge Roy K. Altman. (mpt)
October 27, 2021 Opinion or Order Filing 57 PAPERLESS NOTICE of Hearing: re #31 Defendant's MOTION TO DISMISS #25 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Strike Allegations Regarding Plaintiff's Husband Motion Hearing set for 11/5/2021 10:30 AM before Judge Roy K. Altman. The hearing will be held via Zoom videoconference. Meeting ID: 161 2752 2255. Passcode: 7777. (mpt)
October 1, 2021 Opinion or Order Filing 56 PAPERLESS ORDER granting #55 Plaintiff's Motion for Extension of Time, if Necessary, to File Motion to Compel Discovery. So that the parties have clarity as to their discovery obligations, the Court will GRANT Plaintiff's Motion [DE 55] to the extent that Plaintiff shall be permitted 15 days after Defendant serves its amended discovery responses to file any necessary motion to compel discovery. However, the parties are cautioned to carefully review and comply with the Court's Order Setting Discovery Procedure [DE 45] if any discovery motion must be filed after good-faith, personal conferral has been conducted. The Court does not allow overbroad discovery requests or boilerplate objections. Any party or counsel who fails to comply with all discovery obligations, rules, and orders or asserts dilatory or meritless discovery positions is subject to sanctions and/or cost shifting under Fed.R.Civ.P. 37 and other applicable rules and law. Signed by Magistrate Judge William Matthewman on 10/1/2021. (no00)
September 30, 2021 Opinion or Order Filing 55 Plaintiff's MOTION for Extension of Time to File, if Necessary, Motion to Compel re: Defendant's Discovery Responses by NICOLE OFSOWITZ LUCAS. Responses due by 10/14/2021 (Amlong, Karen)
September 2, 2021 Opinion or Order Filing 54 NOTICE of Attorney Appearance by Alen H. Hsu on behalf of City of Delray Beach. Attorney Alen H. Hsu added to party City of Delray Beach(pty:dft). (Hsu, Alen)
August 2, 2021 Opinion or Order Filing 53 Notice of Supplemental Authority re #43 Response in Opposition to Motion, by NICOLE OFSOWITZ LUCAS (Attachments: #1 Exhibit Supplemental Authority) (Amlong, Karen)
July 13, 2021 Opinion or Order Filing 52 PAPERLESS ORDER granting #49 the Unopposed Motion for Extension of Time nunc pro tunc. Signed by Judge Roy K. Altman on 7/13/2021. (mpt)
July 9, 2021 Opinion or Order Filing 51 NOTICE of Filing Discovery: by City of Delray Beach.(Guzman, Marice)
July 9, 2021 Opinion or Order Filing 50 RESPONSE in Support re #31 Defendant's MOTION TO DISMISS #25 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Strike Allegations Regarding Plaintiff's Husband filed by City of Delray Beach. (Attachments: #1 Exhibit A - Collective Bargaining Agreement)(Evans, D.)
July 6, 2021 Opinion or Order Filing 49 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #43 Response in Opposition to Motion, by City of Delray Beach. (Evans, D.)
July 2, 2021 Opinion or Order Filing 48 PAPERLESS ORDER granting #42 the Plaintiff's Motion for Extension of Time nunc pro tunc. Signed by Judge Roy K. Altman on 7/2/2021. (mpt)
July 2, 2021 Opinion or Order Filing 47 PAPERLESS ORDER granting #46 Unopposed Motion for Enlargement of Time to Produce Documents Pursuant to Plaintiff's Request for Production of Rule 26 Documents. The Court notes that paragraph 5 of the Motion states that "[t]he undersigned counsel certifies that he conferred with Plaintiff on July 1, 2021, and she has indicated that she has no objection to the request for extension to respond to the Request for Production of Rule 26 Documents." The Court appreciates the good faith conferral of counsel as to this motion; however, for future purposes, all counsel are reminded that Local Rule 7.1 (a)(3) requires a certificate of conferral "[a]t the end of the motion, and above the signature block[.]" In light of the large volume of cases in this district, compliance with this provision promotes judicial economy and allows the Court to quickly determine the position of opposing counsel on a motion. Signed by Magistrate Judge William Matthewman on 7/2/2021. (jb02)
July 2, 2021 Opinion or Order Filing 46 Unopposed MOTION for Extension of Time to Produce Documents Pursuant to Plaintiff's Request for Production of Rule 26 Documents by City of Delray Beach. Responses due by 7/16/2021 (Evans, D.)
July 2, 2021 Opinion or Order Filing 45 ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge William Matthewman on 7/2/2021. See attached document for full details. (cds)
June 28, 2021 Opinion or Order Filing 44 PAPERLESS ORDER OF RECUSAL. Magistrate Judge Bruce E. Reinhart recused. Case reassigned to Magistrate Judge William Matthewman for all further proceedings. Motions referred to Judge William Matthewman. Signed by Magistrate Judge Bruce E. Reinhart on 6/28/2021. (jmd)
June 26, 2021 Opinion or Order Filing 43 RESPONSE in Opposition re #31 Defendant's MOTION TO DISMISS #25 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Strike Allegations Regarding Plaintiff's Husband filed by NICOLE OFSOWITZ LUCAS. Replies due by 7/6/2021. (Amlong, Karen)
June 25, 2021 Opinion or Order Filing 42 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #31 Defendant's MOTION TO DISMISS #25 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Strike Allegations Regarding Plaintiff's Husband by NICOLE OFSOWITZ LUCAS. (Amlong, Karen)
June 16, 2021 Opinion or Order Filing 41 PAPERLESS ORDER granting #40 the Unopposed Motion for Extension of Time. The Plaintiff shall respond to the Motion to Dismiss by June 25, 2021. Signed by Judge Roy K. Altman on 6/16/2021. (mpt)
June 16, 2021 Opinion or Order Reset Deadlines Per DE#41. Responses due by 6/25/2021 (cqs)
June 15, 2021 Opinion or Order Filing 40 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #31 Defendant's MOTION TO DISMISS #25 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Strike Allegations Regarding Plaintiff's Husband by NICOLE OFSOWITZ LUCAS. (Amlong, Karen)
June 3, 2021 Opinion or Order Filing 39 STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART. Signed by Magistrate Judge Bruce E. Reinhart on 6/3/2021. See attached document for full details. (cds)
June 3, 2021 Opinion or Order Filing 38 Case Reassignment of Paired Magistrate Judge. (cds)
June 2, 2021 Opinion or Order Filing 37 ORDER Scheduling Mediation before Pamela I Perry. Mediation Hearing set for 12/17/2021 10:00 AM Signed by Judge Roy K. Altman on 6/1/2021. See attached document for full details. (cds)
June 2, 2021 Opinion or Order Reset Deadlines Per DE#36. Responses due by 6/15/2021 (cqs)
June 1, 2021 Opinion or Order Filing 36 PAPERLESS ORDER granting #34 the Unopposed Motion for Extension of time. The Plaintiff shall respond to the Defendant's Motion to Dismiss by June 15, 2021. Signed by Judge Roy K. Altman on 6/1/2021. (mpt)
May 28, 2021 Opinion or Order Filing 35 NOTICE by NICOLE OFSOWITZ LUCAS of Filing Proposed Order Scheduling Mediation (Amlong, Karen)
May 27, 2021 Opinion or Order Filing 34 Unopposed MOTION for Extension of Time to Respond to Defendant's Motion to Dismiss Plainitff's Amended Complaint and Strike Allegations Regarding Plaintiff's Husband re #31 Defendant's MOTION TO DISMISS #25 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Strike Allegations Regarding Plaintiff's Husband by NICOLE OFSOWITZ LUCAS. Responses due by 6/10/2021 (Amlong, Karen)
May 26, 2021 Opinion or Order Filing 33 NOTICE by City of Delray Beach of Serving Defendant's Initial Disclosures (Evans, D.)
May 21, 2021 Opinion or Order Filing 32 Case Reassignment of Paired Magistrate Judge to Magistrate Judge Bruce E. Reinhart. Magistrate Judge Dave Lee Brannon no longer assigned to case. (vjk)
May 17, 2021 Opinion or Order Filing 31 Defendant's MOTION TO DISMISS #25 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM and Strike Allegations Regarding Plaintiff's Husband by City of Delray Beach. Responses due by 6/1/2021 (Evans, D.)
May 11, 2021 Opinion or Order Filing 30 ORDER SETTING DISCOVERY PROCEDURE. Signed by Magistrate Judge Dave Lee Brannon on 5/11/2021. See attached document for full details. (cds)
May 11, 2021 Opinion or Order Filing 29 ORDER SETTING TRIAL AND PRE-TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 5/9/2022 in Fort Lauderdale Division before Judge Roy K. Altman., Calendar Call set for 5/3/2022 01:45 PM in Fort Lauderdale Division before Judge Roy K. Altman., Amended Pleadings due by 6/25/2021., Discovery due by 1/11/2022., Expert Discovery due by 1/11/2022., Joinder of Parties due by 6/25/2021., Mediation Deadline 1/25/2022., In Limine Motions due by 4/25/2022., Dispositive Motions due by 2/2/2022., Motions due by 2/2/2022., Pretrial Stipulation due by 4/25/2022.), ORDER REFERRING CASE to Mediation. ORDER REFERRING CASE to Magistrate Judge Dave L. Brannon for Pretrial Non-Dispositive Matters. Signed by Judge Roy K. Altman on 5/10/2021. See attached document for full details. (cds) #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.
May 3, 2021 Opinion or Order Filing 28 ORDER re REOPENING CASE, City of Delray Beach response due 5/17/2021. Signed by Judge Roy K. Altman on 5/3/2021. See attached document for full details. (cds)
April 30, 2021 Opinion or Order Filing 27 (STRICKEN PER DE#28 ) ORDER DISMISSING CASE. Administratively Closing Case. Denied as Moot: #10 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by City of Delray Beach, Scott Privitera, Anthony Martinez, Javaro A Sims. Signed by Judge Roy K. Altman on 4/30/2021. See attached document for full details. (cds) Text Modified on 5/3/2021 (cds).
April 29, 2021 Opinion or Order Filing 26 NOTICE of Voluntary Dismissal Without Prejudice as to Javaro Sims, Anthony Martinez and Scott Privitera by NICOLE OFSOWITZ LUCAS (Amlong, Karen)
April 29, 2021 Opinion or Order Filing 25 AMENDED COMPLAINT against City of Delray Beach, filed by NICOLE OFSOWITZ LUCAS.(Amlong, Karen)
April 23, 2021 Opinion or Order Filing 24 Joint SCHEDULING REPORT - Rule 26(f) by NICOLE OFSOWITZ LUCAS (Attachments: #1 Exhibit Discovery Plan, #2 Text of Proposed Order Proposed Scheduling Order)(Amlong, Karen)
April 23, 2021 Opinion or Order Reset Deadlines Per DE#23. Joint Scheduling Report due by 4/23/2021 (cqs)
April 22, 2021 Opinion or Order Filing 23 PAPERLESS ORDER granting #22 the Plaintiff's Motion for Extension of Time. The Parties shall file their Joint Scheduling Report, in accordance with 21 the Court's Order, by April 23, 2021. Signed by Judge Roy K. Altman on 4/22/2021. (mpt)
April 21, 2021 Opinion or Order Filing 22 Plaintiff's MOTION for Extension of Time File Joint Scheduling Report (Extend by Two Extra Days) re #9 Order Requiring Joint Scheduling Report by NICOLE OFSOWITZ LUCAS. Responses due by 5/5/2021 (Amlong, Karen)
April 19, 2021 Opinion or Order Filing 21 PAPERLESS ORDER granting #20 the Plaintiff's Unopposed Motion for Extension of Time. The Parties shall file a Joint Scheduling Report, in accordance with #9 the Court's Order, by April 21, 2021. Signed by Judge Roy K. Altman on 4/19/2021. (mpt)
April 19, 2021 Opinion or Order Reset Deadlines Per DE#21. Joint Scheduling Report due by 4/21/2021 (cqs)
April 15, 2021 Opinion or Order Filing 20 Amended MOTION for Extension of Time to File Joint Scheduling Report re #9 Order Requiring Joint Scheduling Report by NICOLE OFSOWITZ LUCAS. Responses due by 4/29/2021 (Amlong, Karen)
April 15, 2021 Opinion or Order Filing 19 PAPERLESS ORDER granting #17 the Plaintiff's Unopposed Motion for Extension of Time. The parties shall file the joint scheduling report by April 16, 2021. Signed by Judge Roy K. Altman on 4/15/2021. (mpt)
April 15, 2021 Opinion or Order Filing 18 PAPERLESS ORDER granting #16 the Plaintiff's Unopposed Motion for Extension of Time. The Plaintiff shall respond to the Motion to Dismiss by April 30, 2021. Signed by Judge Roy K. Altman on 4/15/2021. (mpt)
April 14, 2021 Opinion or Order Filing 17 MOTION for Extension of Time File Joint Scheduling Report re #9 Order Requiring Joint Scheduling Report by NICOLE OFSOWITZ LUCAS. Responses due by 4/28/2021 (Amlong, Karen)
April 14, 2021 Opinion or Order Filing 16 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to #10 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by NICOLE OFSOWITZ LUCAS. (Amlong, Karen)
April 14, 2021 Opinion or Order Filing 15 Certificate of Other Affiliates/Corporate Disclosure Statement by City of Delray Beach, Anthony Martinez, Scott Privitera, Javaro A Sims identifying Other Affiliate Marice Guzman, Other Affiliate Lynn DeSantis Gelin for Anthony Martinez, City of Delray Beach, Javaro A Sims, Scott Privitera (Evans, D.)
April 14, 2021 Opinion or Order Filing 14 Clerks Notice to Filer re #13 Certificate of Other Affiliates/Corporate Disclosure Statement. Other Affiliates/Corporate Parents Not Entered; ERROR - The Filer failed to enter all Other Affiliates/Corporate Parents from the Certificate of Other Affiliates/Corporate Disclosure Statement. Filer is instructed to refile their Certificate of Other Affiliates/Corporate Disclosure Statement and enter the missing Other Affiliates/Corp Parents. Note - Other Affiliates/Corporate Parents do not appear on the docket sheet. Maric Guzmn, Esquire counsel for City of Delray Beach (admission pending) and Lynn DeSantis Gelin, Esquire City Attorney for City of Delray Beach. (cds)
April 14, 2021 Opinion or Order Filing 13 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by City of Delray Beach, Anthony Martinez, Scott Privitera, Javaro A Sims (Evans, D.)
April 12, 2021 Opinion or Order Filing 12 Plaintiff's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by NICOLE OFSOWITZ LUCAS (Amlong, Karen)
April 5, 2021 Opinion or Order Filing 11 NOTICE of Attorney Appearance by Brett Jeremy Schneider on behalf of City of Delray Beach, Anthony Martinez, Scott Privitera, Javaro A Sims. Attorney Brett Jeremy Schneider added to party City of Delray Beach(pty:dft), Attorney Brett Jeremy Schneider added to party Anthony Martinez(pty:dft), Attorney Brett Jeremy Schneider added to party Scott Privitera(pty:dft), Attorney Brett Jeremy Schneider added to party Javaro A Sims(pty:dft). (Schneider, Brett)
April 2, 2021 Opinion or Order Filing 10 MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by City of Delray Beach, Anthony Martinez, Scott Privitera, Javaro A Sims. Attorney D. Porpoise Evans added to party City of Delray Beach(pty:dft), Attorney D. Porpoise Evans added to party Anthony Martinez(pty:dft), Attorney D. Porpoise Evans added to party Scott Privitera(pty:dft), Attorney D. Porpoise Evans added to party Javaro A Sims(pty:dft). Responses due by 4/16/2021 (Evans, D.)
March 24, 2021 Opinion or Order Filing 9 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 4/14/2021 Signed by Judge Roy K. Altman on 3/24/2021. See attached document for full details. (cds)
March 19, 2021 Opinion or Order Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by NICOLE OFSOWITZ LUCAS. Javaro A Sims served on 3/12/2021, answer due 4/2/2021. (Amlong, Karen)
March 19, 2021 Opinion or Order Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by NICOLE OFSOWITZ LUCAS. Anthony Martinez served on 3/12/2021, answer due 4/2/2021. (Amlong, Karen)
March 19, 2021 Opinion or Order Filing 6 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by NICOLE OFSOWITZ LUCAS. Scott Privitera served on 3/12/2021, answer due 4/2/2021. (Amlong, Karen)
March 19, 2021 Opinion or Order Filing 5 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by NICOLE OFSOWITZ LUCAS. City of Delray Beach served on 3/12/2021, answer due 4/2/2021. (Amlong, Karen)
March 16, 2021 Opinion or Order Filing 4 ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 3/15/2021. See attached document for full details. (cds)
March 4, 2021 Opinion or Order Filing 3 Summons Issued as to City of Delray Beach, Anthony Martinez, Scott Privitera, Javaro A Sims. (cds)
March 3, 2021 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Roy K. Altman 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. (cds)
March 3, 2021 Opinion or Order Filing 1 COMPLAINT for Damages and Injunctive Relief against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-14486686, filed by NICOLE OFSOWITZ LUCAS. (Attachments: #1 Civil Cover Sheet Civil Cover Sheet, #2 Summon(s) City of Delray Beach, #3 Summon(s) Javaro A. Sims, #4 Summon(s) Anthony Martinez, #5 Summon(s) Scott Privitera)(Amlong, Karen)

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Search for this case: LUCAS v. City of Delray Beach et al
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Defendant: Anthony Martinez
Represented By: D. Porpoise Evans
Represented By: Brett Jeremy Schneider
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Defendant: Javaro A Sims
Represented By: D. Porpoise Evans
Represented By: Brett Jeremy Schneider
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Defendant: City of Delray Beach, a Florida municipal corporation
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Defendant: Scott Privitera
Represented By: D. Porpoise Evans
Represented By: Brett Jeremy Schneider
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Defendant: City of Delray Beach
Represented By: D. Porpoise Evans
Represented By: Brett Jeremy Schneider
Represented By: Alen H. Hsu
Represented By: Lindsay Marie Massillon
Represented By: Marice Guzman
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Plaintiff: NICOLE OFSOWITZ LUCAS
Represented By: Karen Coolman Amlong
Represented By: William Robert Amlong
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