Case details

Court: flmd
Docket #: 8:08-cv-01414
Case Name: Lane-Gardner v. City of Tampa et al
PACER case #: 216440
Date filed: 2008-07-23
Date terminated: 2010-03-12
Assigned to: Judge Elizabeth A. Kovachevich
Referred to: Magistrate Judge Elizabeth A. Jenkins
Case Cause: 42:1983 Civil Rights Act
Nature of Suit: 440 Civil Rights: Other
Jury Demand: Plaintiff
Jurisdiction: Federal Question

Parties

Represented Party Attorney & Contact Info
Tamika Lane-Gardner
Plaintiff
Christopher Scott Knopik
Knopik Deskins Law Group One Harbour Place - Suite 800 777 S Harbour Island Blvd Tampa, FL 33602 813/221-3131 Ext 227 Fax: 813/221-3199 Email: cknopik@kd-lawgroup.com
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Joseph H. Varner , III
Holland & Knight, LLP 100 N Tampa St - Ste 4100 PO Box 1288 Tampa, FL 33602 813/227-8500 Fax: 813/229-0134 Email: joe.varner@hklaw.com
TERMINATED: 06/08/2009 LEAD ATTORNEY ATTORNEY TO BE NOTICED

Alfred Villoch , III
Law Office of Ellen H. Ehrenpreis Suite 850 500 N Westshore Blvd Tampa, FL 33609 813/347-5111 Fax: 813/347-5161 Email: avilloch@geico.com
ATTORNEY TO BE NOTICED

City of Tampa
Defendant
Ursula Danese Richardson
City Attorney's Office* 5th Floor - City Hall 315 E Kennedy Blvd Tampa, FL 33602-5211 813/274-7205 Fax: 813/274-8809 Email: ursula.richardson@ci.tampa.fl.us
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Stephen Hogue
Defendant
TERMINATED: 09/02/2008
Ursula Danese Richardson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Larry McKinnon
Defendant
TERMINATED: 03/09/2009
Ursula Danese Richardson
(See above for address)
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Department of Children and Families
Movant
Beverly Hunt Diehr
Florida Department of Health 8751 Ulmerton Road, Suite 1300 Largo, FL 33771-3832 813/558-5510 Fax: 813/558-5514 Email: beverly_diehr@doh.state.fl.us
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Documents

Date Filed Document # Attachment # Short Description Long Description Upload date SHA1 hash
2008-07-23 1 0 NOTICE OF REMOVAL from Thirteenth Judicial Circuit in and for Hillsborough County, case number 08-15922, Division A filed in State Court on 07/18/2008. Filing fee $350, receipt number T046929 filed by City of Tampa, Stephen Hogue, Larry McKinnon. (Attachments: # 1 Summons, # 2 Request for Production of Documents to City of Tampa, # 3 Request for Production of Documents to Larry McKinnon, # 4 Request for Production of Documents to Stephen Hogue, # 5 Interrogatories to City of Tampa, # 6 Interrogatories to Larry McKinnon, # 7 Interrogatories to Stephen Hogue)(LYB) (Entered: 07/24/2008)
2008-07-23 2 0 COMPLAINT against City of Tampa, Stephen Hogue, Larry McKinnon; JURY DEMAND filed in state court on 7/18/2008 by Tamika Lane-Gardner.(LYB) (Entered: 07/24/2008)
2008-08-05 3 0 MOTION to dismiss complaint by City of Tampa, Stephen Hogue, Larry McKinnon. (Richardson, Ursula) (Entered: 08/05/2008)
2008-08-12 4 0 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/25/2008. Signed by Deputy Clerk on 8/12/2008. (CLM) (Entered: 08/12/2008)
2008-08-12 5 0 NOTICE of pendency of related cases re per Local Rule 1.04(d) by City of Tampa, Stephen Hogue, Larry McKinnon. Related case(s): No (Richardson, Ursula) (Entered: 08/12/2008)
2008-08-13 6 0 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by Judge Elizabeth A. Kovachevich on 7/15/08. (AG) (Entered: 08/13/2008)
2008-08-13 7 0 STANDING ORDER: Filing of documents that exceed twenty-five pages. Signed by Judge Elizabeth A. Kovachevich on 7/15/08. (AG) Modified on 8/13/2008 (AG).(ERROR: DUPLICATE ENTRY OF NO. 6 ) (Entered: 08/13/2008)
2008-08-15 8 0 Unopposed MOTION for Extension of Time to File Response/Reply as to 3 MOTION to dismiss complaint by Tamika Lane-Gardner. (Knopik, Christopher) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: 08/15/2008)
2008-08-18 9 0 ENDORSED ORDER granting 8 Motion for Extension of Time to File Response re 3 MOTION to dismiss complaint. Response due by 9/2/2008. Signed by Judge Elizabeth A. Kovachevich on 8/18/2008. (SN) (Entered: 08/18/2008)
2008-09-02 10 0 AMENDED COMPLAINT against Larry McKinnon and against City of Tampa with Jury Demand filed by Tamika Lane-Gardner.(Knopik, Christopher) (Entered: 09/02/2008)
2008-09-03 11 0 ENDORSED ORDER finding as moot 3 Motion to dismiss. The plaintiff has filed an amended complaint which moots the objections to the original complaint. The defendants must now move as to the amended complaint. Signed by Judge Elizabeth A. Kovachevich on 9/3/2008. (SN) (Entered: 09/03/2008)
2008-09-08 12 0 MOTION to dismiss Amended Complaint by City of Tampa, Larry McKinnon. (Richardson, Ursula) (Entered: 09/08/2008)
2008-09-23 13 0 CASE MANAGEMENT REPORT. (Knopik, Christopher) (Entered: 09/23/2008)
2008-09-24 14 0 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 1/9/2009, Joinder of Parties due by 1/9/2009, Discovery due by 6/30/2009, Dispositive motions due by 7/22/2009. A pretrial conference may be scheduled on or after 10/6/09 and a trial may be scheduled on or after 11/2/09. This is a jury trial which is expected to take 5 to 6 days to try. Signed by Judge Elizabeth A. Kovachevich on 9/24/2008. (SN) (Entered: 09/24/2008)
2008-09-25 15 0 RESPONSE re 12 MOTION to dismiss Amended Complaint filed by Tamika Lane-Gardner. (Knopik, Christopher) (Entered: 09/25/2008)
2008-10-28 16 0 NOTICE of supplemental authority re 12 MOTION to dismiss Amended Complaint by Larry McKinnon (Attachments: # 1 Exhibit Case law)(Richardson, Ursula) (Entered: 10/28/2008)
2009-02-13 17 0 MOTION for protective order by Department of Children and Families. (CDA) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: 02/13/2009)
2009-02-18 18 0 ORDER that Defendants' Motion to Dismiss 12 42 U.S.C. § 1983 against Defendant, City of Tampa (Counts I, II, and III), is GRANTED, and Defendants' Motion to Dismiss Plaintiffs state law claims in Count IV against Defendant, Larry McKinnon, is GRANTED with prejudice. Plaintiff shall have ten (10) days to cure all other noted deficiencies and file a Second Amended Complaint or those claims will be dismissed with prejudice. Signed by Judge Elizabeth A. Kovachevich on 2/18/2009. (SN) (Entered: 02/18/2009)
2009-02-18 19 0 Unoppsed objection to subpoena AMENDED MOTION for protective order (leave to file document ex parte and under seal) by Department of Children and Families. ***(Amended only as to case number) (AG) Motions referred to Magistrate Judge Elizabeth A. Jenkins. (Entered: 02/19/2009)
2009-02-24 20 0 MOTION for Extension of Time to Amend Complaint by Tamika Lane-Gardner. (Knopik, Christopher) (Entered: 02/24/2009)
2009-02-26 21 0 RESPONSE in opposition re 20 MOTION for Extension of Time to Amend Complaint filed by City of Tampa, Larry McKinnon. (Richardson, Ursula) (Entered: 02/26/2009)
2009-02-26 22 0 ENDORSED ORDER granting in part and denying in part 20 Motion for Extension of Time to Amend. The extension of time is only up to and including 3/9/09. Signed by Judge Elizabeth A. Kovachevich on 2/26/2009. (SN) (Entered: 02/26/2009)
2009-03-09 23 0 AMENDED COMPLAINT against City of Tampa with Jury Demand filed by Tamika Lane-Gardner. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(Knopik, Christopher) Modified on 3/10/2009 to indicate that - image to Exhibit B has been deleted - document contained privacy information - counsel to refile redacted version (AG). (Entered: 03/09/2009)
2009-03-10 24 0 Unopposed MOTION for leave to file under seal Pursuant to Section 39.202, Florida Statutes by Tamika Lane-Gardner. (Knopik, Christopher) (Entered: 03/10/2009)
2009-03-10 25 0 NOTICE by Tamika Lane-Gardner re 23 Amended complaint of Filing Redacted Exhibit B (Knopik, Christopher) (Entered: 03/10/2009)
2009-03-11 26 0 ENDORSED ORDER granting 24 Motion to seal. Signed by Judge Elizabeth A. Kovachevich on 3/11/2009. (SN) (Entered: 03/11/2009)
2009-03-12 27 0 MOTION to dismiss Second Amended Complaint by City of Tampa. (Attachments: # 1 Exhibit SOP 540 Media Relations)(Richardson, Ursula) (Entered: 03/12/2009)
2009-03-20 28 0 ORDER denying 17 Unopposed Objection to Subpoena Duces Tecum and Application to File Document Ex Parte and Under Seal; denying 19 Amended Unopposed Objection to Subpoena Duces Tecum and Application to File Document Ex Parte and Under Seal. Signed by Magistrate Judge Elizabeth A. Jenkins on 3/20/2009. (RM) (Entered: 03/20/2009)
2009-03-27 29 0 RESPONSE to motion re 27 MOTION to dismiss Second Amended Complaint filed by Tamika Lane-Gardner. (Knopik, Christopher) (Entered: 03/27/2009)
2009-04-23 30 0 MOTION for leave to file Third Amended Complaint by Tamika Lane-Gardner. (Knopik, Christopher) (Entered: 04/23/2009)
2009-04-27 31 0 RESPONSE in opposition re 30 MOTION for leave to file Third Amended Complaint filed by City of Tampa. (Richardson, Ursula) (Entered: 04/27/2009)
2009-04-27 32 0 DEPOSITION of Robert Parrish taken on March 24, 2009 re: 31 Response in opposition to motion by City of Tampa.(Richardson, Ursula) (Entered: 04/27/2009)
2009-04-27 33 0 DEPOSITION of Sonja McCaughey taken on March 20, 2009 re: 31 Response in opposition to motion by City of Tampa.(Richardson, Ursula) (Entered: 04/27/2009)
2009-05-01 34 0 NOTICE by Tamika Lane-Gardner of Firm Name Change (Knopik, Christopher) (Entered: 05/01/2009)
2009-06-03 35 0 Amended MOTION for leave to file File Third Amended Complaint by Tamika Lane-Gardner. (Villoch, Alfred) (Entered: 06/03/2009)
2009-06-04 36 0 ENDORSED ORDER requiring a response to the 35 Amended MOTION for leave to file File Third Amended Complaint to be submitted in an expedited manner. The Court requires the defendant to respond on or before 6/10/09. Signed by Judge Elizabeth A. Kovachevich on 6/4/2009. (SN) (Entered: 06/04/2009)
2009-06-05 37 0 RESPONSE in opposition re 35 Amended MOTION for leave to file File Third Amended Complaint filed by City of Tampa. (Richardson, Ursula) (Entered: 06/05/2009)
2009-06-08 38 0 NOTICE by Tamika Lane-Gardner of Change in Electronic Service List (Knopik, Christopher) (Entered: 06/08/2009)
2009-06-11 39 0 ORDER finding as moot 35 Motion for leave to file; finding as moot 27 Motion to dismiss; granting in part and denying in part 35 Motion for leave to file third amended complaint. See order for details. The amended complaint shall be filed within 10 days of this date. Signed by Judge Elizabeth A. Kovachevich on 6/11/2009. (SN) (Entered: 06/11/2009)
2009-06-25 40 0 THIRD AMENDED COMPLAINT against City of Tampa with Jury Demand filed by Tamika Lane-Gardner. (Attachments: # 1 Exhibit B, # 2 Exhibit C)(Villoch, Alfred) Modified on 6/26/2009 (AG). (Entered: 06/25/2009) 2012-06-10 17:30:20 0b9fd93fa6b89de536bf687285f0e46e686f98a4
40 2 Exhibit B
40 3 Exhibit C
2009-06-29 41 0 Joint MOTION for Extension of Time to File Document Joint Motion for a Limited Extension of the Deadline to File Dispositive Motions and Tentative Dates For Pre-Trial Conference and Jury Trial by Tamika Lane-Gardner. (Villoch, Alfred) (Entered: 06/29/2009)
2009-06-30 42 0 ENDORSED ORDER granting 41 Motion for Extension of Time for deadlines. The new deadlines are discovery to be completed by 9/30/09, dispositive motions to be filed by 10/22/09, pretrial to be scheduled in or after 1/10, and trial in or after 2/10. Signed by Judge Elizabeth A. Kovachevich on 6/30/2009. (SN) (Entered: 06/30/2009)
2009-07-15 43 0 MOTION to dismiss Third Amended Complaint DE#40 by City of Tampa. (Richardson, Ursula) (Entered: 07/15/2009)
2009-08-03 44 0 RESPONSE in opposition re 43 MOTION to dismiss Third Amended Complaint DE#40 filed by Tamika Lane-Gardner. (Villoch, Alfred) (Entered: 08/03/2009)
2009-10-14 45 0 Unopposed MOTION to extend time to file dispositive motions by City of Tampa. (Richardson, Ursula) (Entered: 10/14/2009)
2009-10-19 46 0 ENDORSED ORDER granting 45 Motion to extend time to file summary judgment motions. The present deadlines are cancelled. Within 5 days of the order resolving motion to dismiss, the parties shall file an amended case managment report to set out all required deadlines. Signed by Judge Elizabeth A. Kovachevich on 10/19/2009. (SN) (Entered: 10/19/2009)
2009-10-20 47 0 ORDER granting in part and denying in part 43 Motion to dismiss. Defendants' Motion to Dismiss 42 U.S.C § 1983 against Defendant, City of Tampa (Count I ), is DENIED, and Defendants' Motion to Dismiss Plaintiff 42 U.S.C § 1983 against Defendant, City of Tampa (Count II ), is GRANTED with prejudice. This case may go forward only as to Count I of the Third Amended Complaint. The Defendant shall answer the remaining Count within (10) days of this order. Signed by Judge Elizabeth A. Kovachevich on 10/20/2009. (SN) (Entered: 10/20/2009)
2009-10-21 48 0 AMENDED CASE MANAGEMENT REPORT. (Villoch, Alfred) Modified on 10/22/2009 (AG). (Entered: 10/21/2009)
2009-10-22 49 0 ENDORSED ORDER re 48 amended Case Management Report adopting the new deadlines, dispostive motions 12/7/09, pretrial 3/8/10 and trial 4/5/10. Signed by Judge Elizabeth A. Kovachevich on 10/22/2009. (SN) (Entered: 10/22/2009)
2009-11-03 50 0 ANSWER and affirmative defenses to 40 Amended complaint by City of Tampa.(Richardson, Ursula) (Entered: 11/03/2009)
2009-12-07 51 0 MOTION for summary judgment and Memorandum of Law by City of Tampa. (Richardson, Ursula) (Entered: 12/07/2009)
2009-12-07 52 0 AFFIDAVIT of Lawrence McKinnon re: 51 MOTION for summary judgment and Memorandum of Law by City of Tampa. (Richardson, Ursula) (Entered: 12/07/2009)
2009-12-07 53 0 DEPOSITION of Tamika Lane-Gardner taken on April 29, 2009 re: 51 MOTION for summary judgment and Memorandum of Law by City of Tampa.(Richardson, Ursula) (Entered: 12/07/2009)
2009-12-07 54 0 DEPOSITION of Laura McElroy taken on June 8, 2009 re: 51 MOTION for summary judgment and Memorandum of Law by City of Tampa.(Richardson, Ursula) (Entered: 12/07/2009)
2009-12-07 55 0 DEPOSITION of Lawrence McKinnon taken on March 31, 2009 re: 51 MOTION for summary judgment and Memorandum of Law by City of Tampa.(Richardson, Ursula) (Entered: 12/07/2009)
2009-12-23 56 0 RESPONSE in opposition re 51 MOTION for summary judgment and Memorandum of Law filed by Tamika Lane-Gardner. (Villoch, Alfred) (Entered: 12/23/2009)
2009-12-23 57 0 NOTICE of filing deposition transcripts of Detective Sonja Kay McCaughey and Detective Robert Parrish by Tamika Lane-Gardner re 56 Response in opposition to motion. (Villoch, Alfred) Modified on 12/29/2009 (AG). (Entered: 12/23/2009)
2010-02-22 58 0 NOTICE by Tamika Lane-Gardner re 56 Response in opposition to motion for summary judgment (Attachments: # 1 Exhibit Offense Report, # 2 Exhibit Transcript)(Knopik, Christopher) (Entered: 02/22/2010)
2010-03-11 59 0 NOTICE of Settlement by Tamika Lane-Gardner (Knopik, Christopher) (Entered: 03/11/2010)
2010-03-12 60 0 ENDORSED ORDER directing administrative closure and the parties shall have up to and including April 26, 2010, in which to dismiss the cause of action. FAILURE TO REOPEN THIS CAUSE, FILE THE APPROPRIATE DOCUMENTS TO DISMISS THE ACTION, OR TO SEEK AN EXTENSION OF TIME TO DO SAME IN THE STATED TIME PERIOD WILL RESULT IN A DISMISSAL, WITH PREJUDICE, BASED ON THE PREVIOUSLY ANNOUNCED SETTLEMENT. Either party may reopen the case at anytime by submitting a written request to the Court. Signed by Judge Elizabeth A. Kovachevich on 3/12/2010. (SN) (Entered: 03/12/2010)
2010-03-29 61 0 NOTICE by Tamika Lane-Gardner of Firm Name Change (Knopik, Christopher) (Entered: 03/29/2010)
2010-04-14 62 0 STIPULATION of Dismissal With Prejudice by Tamika Lane-Gardner. (Knopik, Christopher) (Entered: 04/14/2010)
2010-04-19 63 0 ENDORSED ORDER dismissing case with prejudice pursuant to 62 Stipulation of Dismissal. The Clerk of Court is directed to close this case and to terminate any pending motions. Signed by Judge Elizabeth A. Kovachevich on 4/19/2010. (SN) (Entered: 04/19/2010)