H.C. v. The School Board of Palm Beach County, Florida et al
| H.C. |
| The School Board of Palm Beach County, Florida and Stephen Jack Tori |
| 9:2022cv80600 |
| April 18, 2022 |
| US District Court for the Southern District of Florida |
| Aileen M Cannon |
| Bruce E Reinhart |
| Civil Rights: Education |
| 28 U.S.C. § 1441 Petition for Removal- Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on June 14, 2022. A more recent docket listing may be available from PACER.
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Filing 46
ORDER Scheduling Mediation before Lou Williams, Esq. Mediation Hearing set for 10/27/2022 10:00 AM. Signed by Judge Aileen M. Cannon on 6/14/2022. See attached document for full details. (ls)
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| Filing 45 Clerks Notice to Filer re #43 Notice of Mediator Selection and/or Hearing. Wrong Event Selected; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de#44]. It is not necessary to refile this document. (ls) |
| Filing 44 Joint NOTICE of Mediator Selection and Hearing. Selected/Added Lou Williams as Mediator. Mediation Hearing set for 10/27/2022 at 10:00 a.m.. (ls)(See Image at DE #43 ) |
| Filing 43 Joint NOTICE of Mediator Selection. and Scheduled Mediation Pursuant to DE #35 Selected/Added Lou Williams as Mediator. (Lewis, Andrea) |
| Filing 42 REPLY to Response to Motion re #38 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), #11 Notice (Other), #10 Notice (Other), FOR FAILURE TO STATE A CLAIM filed by The School Board of Palm Beach County, Florida. (Fahey, Sean) |
| Filing 41 RESPONSE to Motion re #38 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), #11 Notice (Other), #10 Notice (Other), FOR FAILURE TO STATE A CLAIM filed by H.C.. Replies due by 6/9/2022. (Lewis, Andrea) |
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Filing 40
PAPERLESS ORDER striking #39 Plaintiff's Reply to Defendant Stephen Jack Tori's Affirmative Defenses. Neither the Local Rules nor the Federal Rules of Civil Procedure authorizes the filing of a reply to an answer and affirmative defenses, except where a court orders such a reply. See Fed. R. Civ. P. 7(a)(7). The Court has not so ordered such a reply in this case. Accordingly, Plaintiff's Reply to Defendant Stephen Jack Tori's Affirmative Defenses is an improper pleading. Signed by Judge Aileen M. Cannon on 5/29/2022. (ad)
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| Filing 39 (STRICKEN per DE 40 Paperless Order) Plaintiff's REPLY to #37 ANSWER to Complaint (Notice of Removal) Affirmative Defenses by H.C.. (Lewis, Andrea) Text Modified on 5/31/2022 (amb). Modified on 6/6/2022 (tgs)(fixed typo). |
| Filing 38 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), #11 Notice (Other), #10 Notice (Other), FOR FAILURE TO STATE A CLAIM by The School Board of Palm Beach County, Florida. Responses due by 6/6/2022 (Fahey, Sean) |
| Filing 37 ANSWER and Affirmative Defenses to Complaint re the Notice of Removal by Stephen Jack Tori. (Sierra-De Varona, Alexandra) |
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Filing 36
STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART: re #35 Scheduling Order, Order Referring Case to Magistrate Judge, Signed by Magistrate Judge Bruce E. Reinhart on 5/19/2022. See attached document for full details. (pc)
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Filing 35
ORDER SETTING TRIAL, SETTING PRE-TRIAL DEADLINES, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 6/20/2023 09:00 AM in Fort Pierce Division before Judge Aileen M. Cannon., Calendar Call set for 6/13/2023 01:45 PM in Fort Pierce Division before Judge Aileen M. Cannon., Amended Pleadings due by 7/25/2022., Discovery due by 1/27/2023., Expert Discovery due by 1/27/2023., Joinder of Parties due by 7/25/2022., In Limine Motions due by 5/12/2023., Dispositive Motions due by 3/4/2023., Motions due by 3/4/2023., Pretrial Stipulation due by 5/12/2023). ORDER REFERRING CASE to Magistrate Judge Bruce E. Reinhart for Discovery Matters. Signed by Judge Aileen M. Cannon on 5/18/2022. See attached document for full details. (pc) #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 34 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Stephen Jack Tori (Sierra-De Varona, Alexandra) |
| Filing 33 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by The School Board of Palm Beach County, Florida identifying Other Affiliate Marcia Andrews, Other Affiliate Frank Barbieri, Other Affiliate Karen Brill, Other Affiliate Barbara McQuinn, Other Affiliate Debra Robinson, Other Affiliate Erica Whitfield, Other Affiliate Alexandria Ayala, Other Affiliate Anthony Aragona for The School Board of Palm Beach County, Florida (Fahey, Sean) |
| Filing 32 Clerks Notice to Filer re #30 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. (ls) |
| Mediation Deadline 2/14/2023. Signed by Judge Aileen M. Cannon on 5/18/2022. Per Order see DE #35 for image. (pc) |
| Filing 31 STATUS REPORT by The School Board of Palm Beach County, Florida (Fahey, Sean) |
| Filing 30 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by The School Board of Palm Beach County, Florida (Fahey, Sean) |
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Filing 29
PAPERLESS ORDER GRANTING #27 Defendant Stephen Jack Tori's Motion for Extension of Time to Respond to the Complaint, and DENYING WITHOUT PREJUDICE #26 Defendant The School Board of Palm Beach County's Motion to Dismiss Counts I Through III of Plaintiff's Complaint. Pursuant to the Court's Order Requiring Combined Responses #5 , Defendants shall submit a single combined response or separate answers on or before the new deadline of May 23, 2022. Signed by Judge Aileen M. Cannon on 5/17/2022. (ad)
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| Filing 28 Clerks Notice to Filer re #23 Notice of Striking. Document Not Linked; ERROR - The filed document was not linked to the related docket entry. The correction was made by the Clerk. It is not necessary to refile this document. (ls) |
| Filing 27 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 17 Order on Motion to Dismiss for Failure to State a Claim,,, Order on Motion for Extension of Time to File Response/Reply/Answer,, by Stephen Jack Tori. (Sierra-De Varona, Alexandra) |
| Filing 26 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), #11 Notice (Other), #10 Notice (Other), FOR FAILURE TO STATE A CLAIM by The School Board of Palm Beach County, Florida. Responses due by 5/31/2022 (Fahey, Sean) |
| Filing 25 Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Stephen Jack Tori (Sierra-De Varona, Alexandra) |
| Filing 24 Plaintiff's Certificate of Other Affiliates by H.C. (Lewis, Andrea) |
| Filing 23 NOTICE of Striking #20 Certificate of Other Affiliates by H.C. (Lewis, Andrea) Modified to add document link on 5/17/2022 (ls). |
| Filing 22 Clerks Notice to Filer re #20 Certificate of Other Affiliates/Corporate Disclosure Statement. Login/Signature Block Violation; CORRECTIVE ACTION REQUIRED - The name of attorney e-filing this document via their CM/ECF login does not match the name of attorney on the signature block of the document. The name used for login must match the typed name on signature block of the document. This filing is a violation of Section 3J(1) of CM/ECF Admin Procedures and Local Rule 5.1(b). Filer must File a Notice of Striking, then refile document pursuant to CM/ECF Admin Procedures and Local Rules. (ls) |
| Filing 21 Joint SCHEDULING REPORT - Rule 16.1 by H.C. (Attachments: #1 Exhibit A)(Lewis, Andrea) |
| Filing 20 Plaintiff's Certificate of Other Affiliates by H.C. (Lewis, Andrea) |
| Filing 19 NOTICE of Attorney Appearance by Michael Hamilton Kugler on behalf of H.C.. Attorney Michael Hamilton Kugler added to party H.C.(pty:pla). (Kugler, Michael) |
| Filing 18 NOTICE of Attorney Appearance by Andrea Ann Lewis on behalf of H.C. (Lewis, Andrea) |
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Filing 17
PAPERLESS ORDER GRANTING #16 Defendant Stephen Jack Tori's Motion for Extension of Time to Respond to the Complaint, and DENYING WITHOUT PREJUDICE #13 Defendant The School Board of Palm Beach County's Motion to Dismiss Counts I Through III of the Complaint. Pursuant to the Court's Order Requiring Combined Responses #5 , Defendants shall submit a single combined response or separate answers on or before the new deadline of May 16, 2022. Signed by Judge Aileen M. Cannon on 4/29/2022. (ad)
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| Filing 16 Defendant's MOTION for Extension of Time to File Response/Reply/Answer by Stephen Jack Tori. Attorney Alexandra Sierra-De Varona added to party Stephen Jack Tori(pty:dft). (Sierra-De Varona, Alexandra) |
| Filing 15 NOTICE by The School Board of Palm Beach County, Florida re #1 Notice of Removal (State Court Complaint), Stephen Jack Tori's Motion for Enlargement of Time (Attachments: #1 Exhibit) (Fahey, Sean) |
| Filing 14 NOTICE of Striking #12 Notice (Other) filed by The School Board of Palm Beach County, Florida, #3 Notice (Other) filed by The School Board of Palm Beach County, Florida by The School Board of Palm Beach County, Florida (Fahey, Sean) |
| Filing 13 Defendant's MOTION TO DISMISS #11 Notice (Other), #10 Notice (Other), FOR FAILURE TO STATE A CLAIM Counts I through III of Plaintiff's Complaint by The School Board of Palm Beach County, Florida. Responses due by 5/9/2022 (Fahey, Sean) |
| Filing 12 (STRICKEN PER DE#14) NOTICE by The School Board of Palm Beach County, Florida re #3 Notice (Other) of Re-Filing [DE3] (Attachments: #1 Exhibit Stephen Jack Tori's Motion for Enlargement of Time) (Fahey, Sean) Text Modified on 4/26/2022 (scn) |
| Filing 11 NOTICE by The School Board of Palm Beach County, Florida re 8 Order on Expedited Motion,, of Filing Redacted Version [DE1-3] of Defendant's Notice of Removal Pursuant to Court Order [DE 8]. (Attachments: #1 Exhibit) (Fahey, Sean) |
| Filing 10 NOTICE by The School Board of Palm Beach County, Florida re 8 Order on Expedited Motion,, of Filing Redacted Version [De1-2] of Defendant's Notice of Removal Pursuant to Court Order [DE 8]. (Attachments: #1 Exhibit) (Fahey, Sean) |
| Filing 9 NOTICE of Compliance re 8 Order on Expedited Motion. (Exhibits restricted) (amb) |
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Filing 8
PAPERLESS ORDER: This matter comes before the Court upon the Expedited Motion for Filing Under Seal filed by Defendant, the School Board of Palm Beach County #4 . Upon review, the Court GRANTS the Motion as specified herein. The Clerk of Court is directed to restrict from public view the exhibits referenced in the Motion [1-2] and [1-3]. Defendant School Board of Palm Beach County shall file redacted versions of those same exhibits, as separate docket entries, on or before April 22, 2022. Signed by Judge Aileen M. Cannon on 4/20/2022. (ad)
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| Filing 7 Notice of Court Practice in Removal Cases. Signed by Judge Aileen M. Cannon on 4/20/2022. See attached document for full details. (pc) |
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Filing 6
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES: (due by 5/17/2022). Signed by Judge Aileen M. Cannon on 4/20/2022. See attached document for full details. (pc)
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Filing 5
ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Aileen M. Cannon on 4/20/2022. See attached document for full details. (pc)
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| Filing 4 Defendant's EXPEDITED MOTION FOR FILING UNDER SEAL OR, IN THE ALTERNATIVE, PROTECTIVE ORDER re #1 Notice of Removal (State Court Complaint), by The School Board of Palm Beach County, Florida. (Fahey, Sean) |
| Filing 3 NOTICE by The School Board of Palm Beach County, Florida re #1 Notice of Removal (State Court Complaint), of Filing (Attachments: #1 Exhibit) (Fahey, Sean) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (jua) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - H.C., v. THE SCHOOL BOARD OF PALM BEACH COUNTY, FLORIDA and STEPHEN JACK TORI) Filing fee $ 402.00 receipt number AFLSDC-15567196, filed by School Board of Palm Beach County Florida. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit Complaint, #4 Exhibit Notice of Appearance and Email Designation (Sean Fahey), #5 Exhibit Notice of Appearance and Email Designation (J. Erik Bell))(Fahey, Sean) |
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