Robb et al v. City of West Palm Beach, Florida et al
| Herbert Robb and Zoila Brown |
| City of West Palm Beach, Florida, Officer Josue Taveras, Officer Kyle M Elliott and Officer Hannah L Skotzke |
| 9:2023cv81392 |
| October 16, 2023 |
| US District Court for the Southern District of Florida |
| William Matthewman |
| Donald M Middlebrooks |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re 8 Order to Show Cause,,,,,, by Herbert Robb, The Estate of Allan Robb, Zoila Brown. (Attachments: #1 Exhibit Order Appointing Allan and Zoila Robb as Personal Representative)(Nwahiri, Tobechuku) |
Filing 8
PAPERLESS ORDER TO SHOW CAUSE TO PLAINTIFFS AND PLAINTIFFS' COUNSEL: This case was duly set and noticed on December 6, 2023, for a Scheduling Conference to be held by Zoom Video Teleconference (VTC) before the Undersigned United States Magistrate Judge on December 14, 2023 at 1:30 p.m. [DE 5]. At the time of the scheduled hearing on December 14, 2023 at 1:30 p.m., there was no appearance by Plaintiffs' counsel. The Court waited a period of time for Plaintiffs' counsel to appear but Plaintiffs' counsel never appeared, never filed a motion to be excused, and never contacted the Court. The failure of Plaintiffs' counsel to appear as required prevented this Court from addressing several important matters with counsel and disrupted this Court's schedule. Accordingly, Plaintiffs and Plaintiffs' counsel, Tobechuku Tony Nwahiri, Esq., are hereby ORDERED TO SHOW CAUSE as to why they should not be sanctioned or held in contempt of court for counsel's failure to appear at the duly noticed Scheduling Conference. Plaintiffs' counsel shall file a written response to this Court's Order to Show Cause on or before December 20, 2023. Failure to comply with this Order may result in further sanctions upon Plaintiffs and/or Plaintiffs' counsel. Further, Plaintiffs' counsel is ORDERED to provide a copy of this Order and his Response to this Court's Order to Show Cause to the Plaintiffs, Herbert Robb and Zoila Brown. Signed by Magistrate Judge William Matthewman on 12/14/2023. (no00)
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| Filing 7 PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: Scheduling Conference held on 12/14/2023via Zoom Video Teleconference. Plaintiffs' counsel, Tobechuku Tony Nwahiri, failed to appear at the duly noticed Scheduling Conference. Counsel for all four Defendants did appear at the Scheduling Conference despite the fact that Defendants have not yet been served. All Defendants' counsel stated that by appearing at the Scheduling Conference they have not waived the requirement of service on their clients. Defendants' counsel also represented to the Court that Plaintiffs previously filed the same lawsuit in this district in case number 23-cv-80453-Cannon/Reinhart but that the case was dismissed in September 2023 without prejudice to Plaintiffs' ability to re-file the case once they had been appointed as personal representatives. According to Defendants, it is clear on the face of the complaint in the instant case that the Plaintiffs have not yet been appointed as personal representatives. Additionally, the Undersigned United States Magistrate Judge has reviewed the docket in this case and notes that the Civil Cover Sheet [DE 1-1] does not advise the Court of the prior related case before Judge Cannon. In light of Plaintiffs' counsel's failure to appear at the Scheduling Conference, the lack of service on Defendants, and issues regarding the prior dismissal by Judge Cannon, the Court terminated the Scheduling Conference. Depending on further action, the Court will determine the appropriate time to enter a Pretrial Scheduling Order and Referral to Mediation. Total time in court: 7 minutes. Attorney Appearance(s): Andrew Brett Carrabis, Lyman Reynolds, Ben Saver, Don Stephens. (Digital Zoom Video Recording 1:33 pm) (no00) |
| Filing 6 NOTICE of Attorney Appearance by Andrew Brett Carrabis on behalf of City of West Palm Beach, Florida. Attorney Andrew Brett Carrabis added to party City of West Palm Beach, Florida(pty:dft). (Carrabis, Andrew) |
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Filing 5
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 12/14/2023 at 1:30 PM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 12/6/2023. (no00)
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Filing 4
ORDER REFERRING CASE AND SETTING TRIAL DATE: (Jury Trial set for 7/15/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks, Calendar Call set for 7/10/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks), ORDER REFERRING CASE to Magistrate Judge William Matthewman for to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request with notices (NEFs for Events only) for all filings in case. Signed by Judge Donald M. Middlebrooks on 11/7/2023. See attached document for full details. (ebz) #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 3 Summons Issued as to City of West Palm Beach, Florida, Kyle M Elliott, Hannah L Skotzke, Josue Taveras. (nan) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. 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. (nan) |
| Filing 1 Complaint pursuant to 42 USC 1983 against All Defendants. Filing fee $ 402.00 receipt number AFLSDC-16997670, filed by Herbert Robb, The Estate of Allan Robb, Zoila Brown. (Attachments: #1 Civil Cover Sheet, #2 Summon(s) Summons for City, #3 Summon(s) Summons for Taveras, #4 Summon(s) Summons for Elliott, #5 Summon(s) Summons for Skotzke)(Nwahiri, Tobechuku) |
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