Sherrod II et al v. Briar Bay HOA et al
| Curtis Sherrod II, Curtis Sherrod Sr., Tiffany Peter, J.Z.S., A.J.S. and J.M.S. |
| TRISURA SPECIALTY INSURANCE COMPANY, Stuart Smith, Frontline Protective Services and Briar Bay Community Association |
| 9:2025cv81301 |
| October 21, 2025 |
| U.S. District Court for the Southern District of Florida |
| Ryon M McCabe |
| Civil Rights: Accommodations |
| 42 U.S.C. § 3601 Fair Housing Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 14, 2026. A more recent docket listing may be available from PACER.
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| Filing 62 Joint MOTION to Dismiss #59 Amended Complaint/Amended Notice of Removal by Briar Bay Community Association. Responses due by 4/28/2026. (Jara, Franklin) |
Filing 61
PAPERLESS ORDER: The Court GRANTS #60 Defendants' Motion for Extension of Time to Respond to Plaintiffs' Second Amended Complaint and Motion for Leave to Exceed the Page Limit as follows. Defendants seek leave to exceed the page limitation based on their intent to file a joint motion to dismiss. However, Defendants do not specify the number of additional pages requested. Nonetheless, the Court will permit a limited enlargement, and Defendants may file a motion not to exceed twenty-five (25) pages. Defendants shall file their response to Plaintiffs' Second Amended Complaint on or before April 14, 2026. Signed by Magistrate Judge Ryon M. McCabe on 4/6/2026. (jb02)
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| Set/Reset Response/Answer Due Deadline per DE 61 : Briar Bay Community Association response/answer due 4/14/2026; Frontline Protective Services response/answer due 4/14/2026; Stuart Smith response/answer due 4/14/2026; Trisura Specialty Insurance Company response/answer due 4/14/2026. (pcs) |
| Filing 60 MOTION for Extension of Time to Respond to Plaintiffs' Second Amended Complaint and to Exceed Page Limit by Briar Bay Community Association. Responses due by 4/16/2026. (Jara, Franklin) |
| Filing 59 SECOND AMENDED COMPLAINT against Briar Bay Community Association, Frontline Protective Services, Stuart Smith, filed by Curtis Sherrod II, Tiffany Peter, Curtis Sherrod Sr..(nan) |
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Filing 58
ORDER ON MOTIONS. ORDER granting #35 Motion to Dismiss; granting #19 Motion to Dismiss for Failure to State a Claim; denying as moot #22 Motion to Strike ; granting #25 Motion to Dismiss; granting #26 Motion to Dismiss; dismissing #29 Motion for Leave to File ; dismissing #29 Motion to Amend/Correct. Signed by Magistrate Judge Ryon M. McCabe on 3/10/2026. See attached document for full details. (nan)
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| Filing 57 Defendant's NOTICE OF FILING ORDER FROM RELATED ACTION by Stuart Smith (Attachments: #1 Exhibit Order) (Green, Jeffrey) |
| Filing 56 Plaintiff's RESPONSE to Second Joint Notice Regarding Plaintiff's Conventional Filing of a Flash Drive and Motion for Default 49 Order on Motion for Miscellaneous Relief, by Tiffany Peter, Curtis Sherrod II, Curtis Sherrod Sr.. (Attachments: #1 Exhibits)(nan) |
| Filing 55 RESPONSE in Opposition re #47 Second Motion for Conventional Filing in Response to Frontline's Motion to Dismiss filed by Frontline Protective Services. Replies due by 2/13/2026. (Fiery, Blake) |
| Filing 54 NOTICE of Receipt by Curtis Sherrod II (nan) |
| Filing 53 NOTICE of Compliance by Tiffany Peter, Curtis Sherrod II, Curtis Sherrod Sr. re 52 Order,,,, (nan) |
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Filing 52
PAPERLESS ORDER: The Court has reviewed Plaintiffs' conventional filing of a USB drive containing video evidence and Defendants' joint notice advising that they have not received a copy of the USB from Plaintiffs. The USB contains two videos depicting security camera footage from what appears to be the entrance gate to a residential community. To ensure that all parties have a fair opportunity to review and address the materials, Plaintiffs shall, on or before February 2, 2026, provide Defendants with a copy of the USB drive or otherwise provide the two videos in a format reasonably accessible to Defendants. On or before February 6, 2026, Defendants shall file a joint notice stating their respective positions on whether the Court may consider the video evidence at the motion-to-dismiss stage. Plaintiffs are advised that failure to timely provide Defendants with a copy of the video evidence may result in the Court declining to consider the videos in connection with its review of the pending motions to dismiss. Signed by Magistrate Judge Ryon M. McCabe on 1/26/2026. (jb02)
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| Filing 51 Joint RESPONSE to #50 Notice of Conventional Filing in Response to Frontline's Motion to Dismiss by Frontline Protective Services. (Fiery, Blake) |
| Filing 50 SECOND NOTICE OF CONVENTIONAL FILING in Response to Frontline's Motion to Dismiss, DE#35 by Tiffany Peter, Curtis Sherrod II, Curtis Sherrod Sr. (nan) |
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Filing 49
PAPERLESS ORDER: In light of Plaintiffs' second-filed motion seeking leave to conventionally file a flash drive containing video evidence relevant to the pending motions to dismiss, Plaintiffs' earlier motion for conventional filing #28 is DENIED AS MOOT. The Court GRANTS Plaintiffs' second motion #47 and Plaintiffs shall conventionally file the flash drive with the Clerk's Office by January 15, 2026. Although Plaintiffs may conventionally file the flash drive, courts considering a motion to dismiss should consider materials outside the pleadings only when it is (1) central to the plaintiff's claim, and (2) its authenticity is not challenged. See SFM Holdings, Ltd. v. Banc of Am. Secs., LLC, 600 F.3d 1334, 1337 (11th Cir. 2010). Therefore, within seven (7) days of Plaintiffs' filing of the flash drive, Defendants shall file a joint notice stating their respective positions on whether the Court may consider the video evidence at the motion-to-dismiss stage. Signed by Magistrate Judge Ryon M. McCabe on 1/6/2026. (jb02)
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| Filing 48 NOTICE of Voluntary Dismissal Pursuant to F.R.C.P.41(a)(1)(A)(i) by Tiffany Peter, Curtis Sherrod II, Curtis Sherrod Sr.. (jas) |
| Filing 47 Second Motion for Conventional Filing in Response to Frontline's Motion to Dismiss by Tiffany Peter, Curtis Sherrod II, Curtis Sherrod Sr.. (jas) |
| Filing 46 REPLY to Response to Motion re #29 MOTION for Leave to File MOTION to Amend/Correct #1 Complaint, filed by Tiffany Peter, Curtis Sherrod II, Curtis Sherrod Sr.. (jas) |
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Filing 45
PAPERLESS ORDER STRIKING #41 Notice of Unavailability filed by Franklin A. Jara. Neither the Local Rules nor the Federal Rules of Civil Procedure authorize notices of unavailability. Any request for relief must be made by motion and must state with particularity the grounds for the request. Fed. R. Civ. P. 7(b)(1). The Notice does not identify any specific deadline at issue, does not state the length of any requested extension, and does not indicate whether the requested relief is opposed. Should Defendant Briar Bay HOA seek court-ordered relief, a motion that complies with the Federal Rules of Civil Procedure and the Local Rules should be filed. Signed by Magistrate Judge Ryon M. McCabe on 12/31/2025. (jb02)
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Filing 44
PAPERLESS ORDER granting #38 Cole, Scott, and Kissane, P.A.'s Motion to Withdraw as Counsel for Defendant Front-Line Protective Services. The Motion seeks to withdraw Franklin A. Jara and Horacio J. Ruiz-Lugo of Cole, Scott, and Kissane as counsel of record for Defendant Front-Line Protective Services and represents that Front-Line Protective Services will continue to be represented by Kubick Draper. Accordingly, Franklin A. Jara and Horacio J. Ruiz-Lugo are withdrawn as counsel for Defendant Front-Line Protective Services, and the Clerk of Court shall update the docket. The Court notes that Franklin A. Jara and Horacio J. Ruiz-Lugo remain counsel of record for Defendant Briar Bay HOA. Signed by Magistrate Judge Ryon M. McCabe on 12/31/2025. (jb02)
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| Filing 43 Plaintiff's REPLY in Opposition to #42 Response in Opposition to Motion by Tiffany Peter, Curtis Sherrod II, Curtis Sherrod Sr.. (nan) |
| Filing 42 RESPONSE in Opposition re #29 MOTION for Leave to File MOTION to Amend/Correct #1 Complaint, filed by Frontline Protective Services. Replies due by 1/5/2026. (Fiery, Blake) |
| Filing 41 STRICKEN NOTICE OF UNAVAILABILITY by Briar Bay Community Association for dates of 12/24/25 to 1/2/2026 (Jara, Franklin) Modified text on 12/31/2025, Per DE# 45 (nan). |
| Filing 40 Defendant's REPLY in Support of Motion re #22 Defendant's MOTION to Strike #16 Amended Complaint/Amended Notice of Removal, Motion to Strike Plaintiffs' Requests for Punitive Damages and Attorney Fees. filed by Briar Bay Community Association. (Ruiz-Lugo, Horacio) |
| Filing 39 REPLY in Support of Motion re #26 MOTION to Dismiss #16 Amended Complaint/Amended Notice of Removal, . filed by Stuart Smith. (Green, Jeffrey) |
| Filing 38 Defendant's MOTION to Withdraw as Attorney for Frontline Protective Services by Frontline Protective Services. Responses due by 1/5/2026. (Ruiz-Lugo, Horacio) |
| Filing 37 RESPONSE in Opposition re #29 MOTION for Leave to File MOTION to Amend/Correct #1 Complaint, filed by Briar Bay Community Association. Replies due by 12/29/2025. (Ruiz-Lugo, Horacio) |
| Filing 36 Defendant's REPLY in Support of Motion re #25 Defendant's MOTION to Dismiss with Prejudice #16 Amended Complaint/Amended Notice of Removal, . filed by Briar Bay Community Association. (Ruiz-Lugo, Horacio) |
| Filing 35 Defendant's MOTION to Dismiss Plaintiffs' Amended Complaint by TRISURA SPECIALTY INSURANCE COMPANY. Responses due by 1/5/2026. (Centner, Colsen) |
| Filing 34 Plaintiff's RESPONSE to #26 MOTION to Dismiss #16 Amended Complaint/Amended Notice of Removal, by Tiffany Peter, Curtis Sherrod II, Curtis Sherrod Sr.. (Attachments: #1 Exhibit 1)(nan) |
| Filing 33 RESPONSE to Motion re #22 Defendant's MOTION to Strike #16 Amended Complaint/Amended Notice of Removal, Motion to Strike Plaintiffs' Requests for Punitive Damages and Attorney Fees filed by Curtis Sherrod II, Curtis Sherrod Sr.. Replies due by 12/23/2025. (Attachments: #1 Exhibit)(ebz) |
| Filing 32 RESPONSE to Motion re #25 Defendant's MOTION to Dismiss with Prejudice #16 Amended Complaint/Amended Notice of Removal, filed by Curtis Sherrod II, Curtis Sherrod Sr.. Replies due by 12/23/2025. (Attachments: #1 Exhibit)(ebz) |
| Filing 31 Defendant's MOTION to Adopt/Join #22 Defendant's MOTION to Strike #16 Amended Complaint/Amended Notice of Removal, Motion to Strike Plaintiffs' Requests for Punitive Damages and Attorney Fees by Frontline Protective Services. (Fiery, Blake) |
| Filing 30 Defendant's REPLY in Support of Motion re #19 Defendant's MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM . filed by Frontline Protective Services. (Fiery, Blake) |
| Filing 29 MOTION for Leave to File Second Amended Complaint #1 Complaint, by Tiffany Peter, Curtis Sherrod II. Responses due by 12/29/2025. (Attachments: #1 Amended Complaint)(nan) |
| Filing 28 MOTION for Conventional Filing by Curtis Sherrod Sr.. (Attachments: #1 Text of Proposed Order)(nan) |
| Filing 27 Plaintiff's RESPONSE to #25 Defendant's MOTION to Dismiss with Prejudice #16 Amended Complaint/Amended Notice of Removal, , #19 Defendant's MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Curtis Sherrod Sr.. (Attachments: #1 Exhibits)(nan) |
| Filing 26 MOTION to Dismiss #16 Amended Complaint/Amended Notice of Removal, by Stuart Smith. Attorney Jeffrey David Green added to party Stuart Smith(pty:dft). Responses due by 12/17/2025. (Attachments: #1 Exhibit Second Amended Complaint, #2 Exhibit Order Accepting Magistrate Judge's Report and Recommendation, #3 Exhibit Defendants' Motion to Dismiss)(Green, Jeffrey) |
| Filing 25 Defendant's MOTION to Dismiss with Prejudice #16 Amended Complaint/Amended Notice of Removal, by Briar Bay Community Association, Frontline Protective Services. Responses due by 12/16/2025. (Jara, Franklin) |
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Filing 24
ORDER by Clerk of Non-Entry of Default re #23 Motion for Clerk's Entry of Default as to Briar Bay Community Association. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed. Signed by DEPUTY CLERK FTL on 12/2/2025. See attached document for full details. (nan)
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| Filing 23 MOTION for Clerk's Entry of Default as to Briar Bay Community Association by Curtis Sherrod II. (Attachments: #1 Affidavit in Support of Entry of Default)(nan) |
| Filing 22 Defendant's MOTION to Strike #16 Amended Complaint/Amended Notice of Removal, Motion to Strike Plaintiffs' Requests for Punitive Damages and Attorney Fees by Briar Bay Community Association, Frontline Protective Services. Responses due by 12/16/2025. (Jara, Franklin) |
| Filing 21 NOTICE of Attorney Appearance by Franklin Antonio Jara on behalf of Briar Bay Community Association, Frontline Protective Services. Attorney Franklin Antonio Jara added to party Briar Bay Community Association (pty:dft), Attorney Franklin Antonio Jara added to party Frontline Protective Services(pty:dft). (Jara, Franklin) |
| Filing 20 NOTICE of Attorney Appearance by Horacio Jose Ruiz-Lugo on behalf of Briar Bay Community Association, Frontline Protective Services. Attorney Horacio Jose Ruiz-Lugo added to party Briar Bay Community Association (pty:dft), Attorney Horacio Jose Ruiz-Lugo added to party Frontline Protective Services(pty:dft). (Ruiz-Lugo, Horacio) |
| Set Answer Due Deadline: TRISURA SPECIALTY INSURANCE COMPANY answer due 12/26/2025. Defendant Trisura Specialty Insurance Company shall have until December 26, 2025 to respond to the Amended Complaint. (nan) Per DE# 18 . |
| Filing 19 Defendant's MOTION TO DISMISS #16 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Frontline Protective Services. Attorney Blake Hartley Fiery added to party Frontline Protective Services(pty:dft). Responses due by 12/9/2025. (Fiery, Blake) |
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Filing 18
PAPERLESS ORDER granting #17 Defendant Trisura Specialty Insurance Company's Unopposed Motion for Extension of Time to Respond to Plaintiffs' Amended Complaint. Defendant Trisura Specialty Insurance Company shall have until December 26, 2025 to respond to the Amended Complaint. Signed by Magistrate Judge Ryon M. McCabe on 11/25/2025. (jb02)
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| Filing 17 MOTION for Extension of Time to File Response/Reply/Answer as to #16 Amended Complaint/Amended Notice of Removal, by TRISURA SPECIALTY INSURANCE COMPANY. Attorney Colsen Khaze Centner added to party TRISURA SPECIALTY INSURANCE COMPANY(pty:dft). (Attachments: #1 Exhibit A-Proposed Order)(Centner, Colsen) |
| Filing 16 AMENDED COMPLAINT against Briar Bay Community Association, Frontline Protective Services, Stuart Smith, TRISURA SPECIALTY INSURANCE COMPANY filed in response to Order Granting Motion for Leave, filed by Curtis Sherrod II, Tiffany Peter, Curtis Sherrod Sr..(nan) |
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Filing 15
PAPERLESS ORDER: The Court previously granted Plaintiff's Motion for Amended Complaint. As explained in that Order, pursuant to Local Rule 15.1, the amended pleading attached to the motion must be separately filed in the record. Plaintiff has not complied with that directive. The Court will sua sponte extend the deadline for Plaintiff to separately file the amended complaint to November 24, 2025. Failure to comply with this Order may lead to dismissal of this action, without further notice, under Federal Rule of Civil Procedure 41(b) for lack of prosecution and failure to follow court orders. Signed by Magistrate Judge Ryon M. McCabe on 11/17/2025. (jb02)
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| Set/Reset Deadlines/Hearings The Court will sua sponte extend the deadline for Plaintiff to separately file the amended complaint to November 24, 2025. Amended Complaint due by 11/24/2025. Per DE# 15 . (nan) |
| Filing 14 SUMMONS (Affidavit) Returned Executed on #10 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Curtis Sherrod II, Tiffany Peter, Curtis Sherrod Sr.. Briar Bay HOA served on 11/4/2025, response/answer due 11/25/2025; Frontline Protective Services served on 11/4/2025, response/answer due 11/25/2025; Stuart Smith served on 11/13/2025, response/answer due 12/4/2025; TRISURA SPECIALTY INSURANCE COMPANY served on 11/4/2025, response/answer due 11/25/2025. (nan) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #10 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Stuart Smith served on 10/25/2025, response/answer due 11/17/2025. (drz) |
| Filing 12 Summons Issued as to Frontline Protective Services, Stuart Smith, TRISURA SPECIALTY INSURANCE COMPANY. (ksr) |
| Filing 11 Summons Issued as to Briar Bay HOA. (ksr) |
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Filing 9
PAPERLESS ORDER: Plaintiffs' Motion for Amended Complaint #8 is GRANTED. Pursuant to Local Rule 15.1, the amended pleading attached to the motion must be separately re-filed in the record. The deadline for Plaintiffs to do so is November 6, 2025. Signed by Magistrate Judge Ryon M. McCabe on 10/30/2025. (jb02)
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| Set Deadline. Amended Complaint due by 11/6/2025. Per De#9 (cds) |
| Filing 10 AMENDED COMPLAINT against Briar Bay HOA, Frontline Protective Services, Stuart Smith, TRISURA SPECIALTY INSURANCE COMPANY filed in response to Order Granting Motion for Leave, filed by Curtis Sherrod II, Tiffany Peter, Curtis Sherrod Sr..(ksr) |
| Filing 8 MOTION to Amend #1 Complaint, by Curtis Sherrod Sr.. Responses due by 11/12/2025. (Attachments: #1 Amended Complaint, #2 Summon(s))(nan) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 TRISURA SPECIALTY INSURANCE COMPANY served on 10/24/2025, response/answer due 11/14/2025. (pcs) |
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Filing 6
ORDER REGARDING JURISDICTION Signed by Magistrate Judge Ryon M. McCabe on 10/21/2025. See attached document for full details. (kpe)
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| Filing 5 Summons Issued as to Briar Bay HOA, Frontline Protective Services, Stuart Smith, TRISURA SPECIALTY INSURANCE COMPANY. (blc) |
| Filing 4 Consent by Pro Se Litigant (Non-Prisoner) Curtis Sherrod Sr. to receive Notices of Electronic Filing at email address: [email protected] (blc) |
| Filing 3 Consent by Pro Se Litigant (Non-Prisoner) Curtis Sherrod II to receive Notices of Electronic Filing at email address: [email protected] (blc) |
| Filing 2 Clerks Notice of Judge Assignment to Magistrate Judge Ryon M. McCabe. 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. (blc) |
| Filing 1 COMPLAINT against Briar Bay HOA, Frontline Protective Services, Stuart Smith, TRISURA SPECIALTY INSURANCE COMPANY. Filing fees $ 405.00 Receipt#: 9855, filed by Curtis Sherrod II, Tiffany Peter, Curtis Sherrod Sr.. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(blc) |
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