Lozman v. City of Riviera Beach, Florida
Plaintiff: Fane Lozman
Defendant: City of Riviera Beach, Florida
Case Number: 9:2022cv80118
Filed: January 24, 2022
Court: US District Court for the Southern District of Florida
Presiding Judge: Donald M Middlebrooks
Nature of Suit: Condemnation
Cause of Action: 28 U.S.C. ยง 1331 Fed. Question: Real Property
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 22, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 22, 2022 Filing 23 RESPONSE in Opposition re #12 MOTION to Dismiss #1 Complaint , Take Judicial Notice, and Motion for Joinder in the Alternative, and Incorporated Memorandum of Law filed by Fane Lozman. Replies due by 3/29/2022. (Ryan, James)
March 7, 2022 Opinion or Order Filing 22 PAPERLESS ORDER granting in part #18 Plaintiff's Motion for Extension of Time. Plaintiff's deadline to respond to Defendant's Motion to Dismiss, Take Judicial Notice, and Motion for Joinder in the Alternative (DE #12 ) is due on March 8, 2022. Plaintiff seeks a 30-day extension of this deadline, citing that it needs "a reasonable opportunity to present all the material that is pertinent to the motion." (DE #18 at para. 3) (citing Fed. R. Civ. P. 12(d)). Defendant consents to a 14-day extension but not a 30-day extension. Plaintiff's motion is vague and fails to set forth good cause for a 30-day extension of his filing deadline. But because Defendant consents to a 14-day extension, and in the interest of promoting thorough briefing on the issues in dispute, I will grant Plaintiff's Motion in part. Accordingly, the deadline for Plaintiff to respond to Defendant's Motion is extended to March 22, 2022. Signed by Judge Donald M. Middlebrooks on 3/7/2022. (kal)
March 4, 2022 Filing 21 NOTICE by Fane Lozman of Updated E-Mail Address for pro hac vice attorney Edward A. Weinhaus (Ryan, James)
March 3, 2022 Filing 20 CLERK'S NOTICE - Attorney Admissions has not updated address and/or email information for attorney Amy Taylor Petrick re #19 Notice of Change of Address, Email or Law Firm Name. Attorney Amy Taylor Petrick has not completed the required procedures for updating their information with the Court. Attorney is instructed to go to their PACER account, Manage My Account, to complete the process of updating their information. The Court is NOT responsible for updating secondary email addresses. See the Courts website for detailed instructions. #www.flsd.uscourts.gov/updating-your-information (pt)
March 2, 2022 Filing 19 NOTICE of Change of Address, Email or Law Firm Name by Amy Taylor Petrick (Petrick, Amy)
March 1, 2022 Filing 18 Plaintiff's MOTION for Extension of Time to File Response/Reply/Answer as to #12 MOTION to Dismiss #1 Complaint , Take Judicial Notice, and Motion for Joinder in the Alternative, and Incorporated Memorandum of Law by Fane Lozman. (Attachments: #1 Exhibit proposed order)(Ryan, James)
February 25, 2022 Opinion or Order Filing 17 ORDER OF TRANSFER to Judge Donald M. Middlebrooks for all further proceedings, accepted and signed on 2/25/2022. Judge Rodney Smith no longer assigned to case Signed by Judge Rodney Smith on 2/25/2022. See attached document for full details. (pcs)
February 23, 2022 Filing 16 NOTICE of Attorney Appearance by Telsula Christy Morgan on behalf of City of Riviera Beach, Florida. Attorney Telsula Christy Morgan added to party City of Riviera Beach, Florida(pty:dft). (Morgan, Telsula)
February 23, 2022 Filing 15 NOTICE of Attorney Appearance by Amy Taylor Petrick on behalf of City of Riviera Beach, Florida. Attorney Amy Taylor Petrick added to party City of Riviera Beach, Florida(pty:dft). (Petrick, Amy)
February 22, 2022 Opinion or Order Filing 14 PAPERLESS ORDER granting #10 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Edward A. Weinhaus. Signed by Judge Rodney Smith on 2/22/2022. (tcl)
February 22, 2022 Opinion or Order Filing 13 PAPERLESS ORDER granting #9 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Ian Samuel. Signed by Judge Rodney Smith on 2/22/2022. (tcl)
February 22, 2022 Filing 12 MOTION to Dismiss #1 Complaint , Take Judicial Notice, and Motion for Joinder in the Alternative, and Incorporated Memorandum of Law by City of Riviera Beach, Florida. Attorney Andrew Joseph Baumann added to party City of Riviera Beach, Florida(pty:dft). Responses due by 3/8/2022 (Attachments: #1 Exhibit A - Comprehensive Plan, #2 Exhibit B - zoning ordinance, #3 Exhibit C - Lozman v FDEP Complaint, #4 Exhibit D - Lozman v FDEP Motion to Dismiss, #5 Exhibit E - Lozman v FDEP Order on MTD)(Baumann, Andrew)
February 14, 2022 Filing 11 NOTICE by Fane Lozman re #5 Notice of Pending, Refiled, Related or Similar Actions Plaintiff's Amended Notice of Related or Similar Action Pursuant to Local Rule 3.8 and IOP 2.15.00 (Ryan, James)
February 14, 2022 Filing 10 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Edward A. Weinhaus and Certification of attorney Edward A. Weinhaus . Filing Fee $ 200.00 Receipt # AFLSDC-15397832 by Fane Lozman. Responses due by 2/28/2022 (Ryan, James) Modified text to correct who the Pro Hac Vice attorney is on 2/14/2022 (jua).
February 14, 2022 Filing 9 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Ian Samuel and Certification of attorney Ian Samuel . Filing Fee $ 200.00 Receipt # AFLSDC-15397585 by Fane Lozman. Responses due by 2/28/2022 (Ryan, James) Modified text to correct who the Pro Hac Vice attorney is on 2/14/2022 (jua).
February 4, 2022 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 Fane Lozman. City of Riviera Beach, Florida served on 1/31/2022, response/answer due 2/22/2022. (Ryan, James)
January 26, 2022 Filing 7 Bar Letter re: Admissions sent to attorney Edward A. Weinhaus and Ian Samuel, mailing date January 26, 2022, (pt)
January 26, 2022 Filing 6 CLERK'S NOTICE that attorney Kerri L. Barsh has not been added to this case re #1 Complaint. For further information, please contact Attorney Admissions at 305-523-5265. (pt)
January 25, 2022 Filing 5 Notice of Pending, Refiled, Related or Similar Actions by Fane Lozman (Ryan, James)
January 24, 2022 Filing 4 Summons Issued as to City of Riviera Beach, Florida. (pc)
January 24, 2022 Filing 3 Clerks Notice to Filer re: Electronic Case. Incorrect case opening information. The Filer selected the incorrect Cause of Action when filing. The correction was made. It is not necessary to re-file this document. (pc)
January 24, 2022 Filing 2 Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (pc)
January 24, 2022 Filing 1 COMPLAINT against City of Riviera Beach, Florida. Filing fees $ 402.00 receipt number AFLSDC-15342245, filed by Fane Lozman. (Attachments: #1 Civil Cover Sheet with attached attorney list, #2 Summon(s) Defendant)(Ryan, James)

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Plaintiff: Fane Lozman
Represented By: James Daniel Ryan
Represented By: Edward A. Weinhaus
Represented By: Ian Samuel
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Defendant: City of Riviera Beach, Florida
Represented By: Amy Taylor Petrick
Represented By: Andrew Joseph Baumann
Represented By: Telsula Christy Morgan
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