| Court: | flsd |
| Docket #: | 1:14-cv-23405 |
| Case Name: | Del Rio v. City of Sweetwater et al |
| PACER case #: | 448642 |
| Date filed: | 2014-09-15 |
| Date terminated: | 2016-01-20 |
| Assigned to: | Judge Darrin P. Gayles |
| Referred to: | Magistrate Judge William C. Turnoff |
| Case Cause: | 42:1983 Civil Rights Act |
| Nature of Suit: | 440 Civil Rights: Other |
| Jury Demand: | Defendant |
| Jurisdiction: | Diversity |
| Represented Party | Attorney & Contact Info |
| Jorge Del Rio Plaintiff individually |
Richard John Diaz |
| City of Sweetwater Defendant a municipality within the State of Florida TERMINATED: 12/15/2015 |
Michael Ross Piper Christopher J. Stearns , Jr. Damian H Albert |
| Mayor Manuel Marono Defendant |
Lourdes Espino Wydler Oscar Edmund Marrero |
| Roberto Fulgueira Defendant |
Lourdes Espino Wydler Oscar Edmund Marrero |
| William Garcia Defendant |
Harriet R. Lewis Stephanie Gale (Cherlin) Deutsch William Edward Lawton Joshua Brian Walker |
| Octavio Oliu Defendant |
Harriet R. Lewis Stephanie Gale (Cherlin) Deutsch William Edward Lawton Joshua Brian Walker |
| Ignacio Menocal Defendant |
Harriet R. Lewis Stephanie Gale (Cherlin) Deutsch |
| F/N/UL/N/U #1 Defendant an unknown police officer for the City of Sweetwater |
|
| F/N/UL/N/U #2 Defendant an unknown police officer for the City of Sweetwater |
| Date Filed | Document # | Attachment # | Short Description | Long Description | Upload date | SHA1 hash |
| 2014-09-15 | 1 | 0 | COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-7073724, filed by Jorge Del Rio. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s), # 3 Summon(s), # 4 Summon(s), # 5 Summon(s), # 6 Summon(s))(Diaz, Richard) (Entered: 09/15/2014) | |||
| 1 | 1 | Civil Cover Sheet | ||||
| 1 | 2 | Summon(s) | ||||
| 1 | 3 | Summon(s) | ||||
| 1 | 4 | Summon(s) | ||||
| 1 | 5 | Summon(s) | ||||
| 1 | 6 | Summon(s) | ||||
| 2014-09-15 | 2 | 0 | Judge Assignment to Judge Darrin P. Gayles (ail) (Entered: 09/16/2014) | |||
| 2014-09-15 | 3 | 0 | Clerks Notice to Filer re: Electronic Case. All Parties Not Added. The Filer failed to add all parties associated with the case.Filer is instructed in the future to add all parties during case opening. It is not necessary to re-file this document. (ail) (Entered: 09/16/2014) | |||
| 2014-09-16 | 4 | 0 | Summons Issued as to City of Sweetwater, William Garcia, Manuel Marono, Ignacio Menocal, Octavio Oliu. (ail) (Entered: 09/16/2014) | |||
| 2014-09-25 | 5 | 0 | NOTICE of Filing Proposed Summons(es) by Jorge Del Rio (Diaz, Richard) (Entered: 09/25/2014) | |||
| 2014-09-25 | 6 | 0 | Summons Issued as to Roberto Fulgueira. (asl) (Entered: 09/25/2014) | |||
| 2014-10-02 | 7 | 0 | First AMENDED COMPLAINT against Jorge Del Rio, filed by Jorge Del Rio.(Diaz, Richard) (Entered: 10/02/2014) | |||
| 2014-10-07 | 8 | 0 | NOTICE of Attorney Appearance by Damian H Albert on behalf of City of Sweetwater. Attorney Damian H Albert added to party City of Sweetwater(pty:dft). (Albert, Damian) (Entered: 10/07/2014) | |||
| 2014-10-07 | 9 | 0 | NOTICE of Attorney Appearance by Harriet R. Lewis on behalf of William Garcia, Ignacio Menocal, Octavio Oliu. Attorney Harriet R. Lewis added to party William Garcia(pty:dft), Attorney Harriet R. Lewis added to party Ignacio Menocal(pty:dft), Attorney Harriet R. Lewis added to party Octavio Oliu(pty:dft). (Lewis, Harriet) (Entered: 10/07/2014) | |||
| 2014-10-07 | 10 | 0 | NOTICE of Attorney Appearance by Michael Ross Piper on behalf of City of Sweetwater. Attorney Michael Ross Piper added to party City of Sweetwater(pty:dft). (Piper, Michael) (Entered: 10/07/2014) | |||
| 2014-10-07 | 11 | 0 | NOTICE of Attorney Appearance by Christopher J. Stearns, Jr on behalf of City of Sweetwater. Attorney Christopher J. Stearns, Jr added to party City of Sweetwater(pty:dft). (Stearns, Christopher) (Entered: 10/07/2014) | |||
| 2014-10-14 | 12 | 0 | Unopposed MOTION for Extension of Time to File Responsive Pleading to Plaintiff's Complaint by Roberto Fulgueira, Manuel Marono. Attorney Oscar Edmund Marrero added to party Roberto Fulgueira(pty:dft), Attorney Oscar Edmund Marrero added to party Manuel Marono(pty:dft). Responses due by 10/31/2014 (Attachments: # 1 Text of Proposed Order)(Marrero, Oscar) (Entered: 10/14/2014) | |||
| 2014-10-14 | 13 | 0 | Unopposed MOTION for Extension of Time to File Answer RE: Complaints re 7 Amended Complaint by City of Sweetwater. (Attachments: # 1 Text of Proposed Order)(Stearns, Christopher) (Entered: 10/14/2014) | |||
| 2014-10-15 | 14 | 0 | Defendant's MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM by William Garcia, Ignacio Menocal, Octavio Oliu. Attorney Stephanie Gale (Cherlin) Deutsch added to party William Garcia(pty:dft), Attorney Stephanie Gale (Cherlin) Deutsch added to party Ignacio Menocal(pty:dft), Attorney Stephanie Gale (Cherlin) Deutsch added to party Octavio Oliu(pty:dft). Responses due by 11/3/2014 (Deutsch, Stephanie) (Entered: 10/15/2014) | |||
| 2014-10-21 | 15 | 0 | ENDORSED ORDER granting 12 Motion for Extension of Time; granting 13 Motion for Extension of Time to Answer RE: Complaints City of Sweetwater, Roberto Fulgueira, and Manuel Marono shall file a responsive pleading on or before 10/29/2014. Signed by Judge Darrin P. Gayles (alt) (Entered: 10/21/2014) | |||
| 2014-10-24 | 16 | 0 | Unopposed MOTION for Extension of Time to Respond to Motion to Dismiss by Jorge Del Rio. Responses due by 11/10/2014 (Diaz, Richard) (Entered: 10/24/2014) | |||
| 2014-10-25 | 17 | 0 | ENDORSED ORDER granting 16 Motion for Extension of Time. Plaintiff shall file his response on or before December 8, 2014. Signed by Judge Darrin P. Gayles on 10/25/2014. (alt) (Entered: 10/25/2014) | |||
| 2014-10-29 | 18 | 0 | MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM by City of Sweetwater. Responses due by 11/17/2014 (Albert, Damian) (Entered: 10/29/2014) | |||
| 2014-10-29 | 19 | 0 | MOTION to Dismiss 7 Amended Complaint by Roberto Fulgueira, Manuel Marono. Attorney Lourdes Espino Wydler added to party Roberto Fulgueira(pty:dft), Attorney Lourdes Espino Wydler added to party Manuel Marono(pty:dft). Responses due by 11/17/2014 (Attachments: # 1 Text of Proposed Order)(Wydler, Lourdes) (Entered: 10/29/2014) | |||
| 2014-11-20 | 20 | 0 | RESPONSE to Motion re 18 MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Jorge Del Rio. Replies due by 12/1/2014. (Attachments: # 1 Exhibit A)(Diaz, Richard) (Entered: 11/20/2014) | |||
| 2014-11-20 | 21 | 0 | RESPONSE to Motion re 14 Defendant's MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Jorge Del Rio. Replies due by 12/1/2014. (Diaz, Richard) (Entered: 11/20/2014) | |||
| 2014-11-20 | 22 | 0 | Defendant's MOTION for Extension of Time Reply in Support of Defendants' Motion to Dismiss re 21 Response to Motion by William Garcia, Ignacio Menocal, Octavio Oliu. Responses due by 12/8/2014 (Deutsch, Stephanie) (Entered: 11/20/2014) | |||
| 2014-11-21 | 23 | 0 | ENDORSED ORDER granting 22 Motion for Extension of Time. Defendant shall file its reply on or before December 12, 2014. Signed by Judge Darrin P. Gayles on 11/21/2014. (alt) (Entered: 11/21/2014) | |||
| 2014-12-02 | 24 | 0 | REPLY to Response to Motion re 14 Defendant's MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by William Garcia, Ignacio Menocal, Octavio Oliu. (Lewis, Harriet) (Entered: 12/02/2014) | |||
| 2015-01-07 | 25 | 0 | SCHEDULING REPORT - Rule 16.1 by Jorge Del Rio (Diaz, Richard) (Entered: 01/07/2015) | |||
| 2015-01-14 | 26 | 0 | Defendant's MOTION to Stay Discovery by William Garcia, Ignacio Menocal, Octavio Oliu. Responses due by 2/2/2015 (Deutsch, Stephanie) (Entered: 01/14/2015) | |||
| 2015-01-14 | 27 | 0 | MOTION for Leave to File to File Response to Motion to Dismiss Out of Time by Jorge Del Rio. (Attachments: # 1 Exhibit A)(Diaz, Richard) (Entered: 01/14/2015) | |||
| 2015-01-15 | 28 | 0 | RESPONSE to Motion re 26 Defendant's MOTION to Stay Discovery filed by Jorge Del Rio. Replies due by 1/26/2015. (Diaz, Richard) (Entered: 01/15/2015) | |||
| 2015-01-16 | 29 | 0 | ENDORSED ORDER granting 27 Motion for Leave to File. Clerks Notice: Filer must separately re-file the Response pursuant to Local Rule 15.1. Signed by Judge Darrin P. Gayles on 1/16/2015. (alt) (Entered: 01/16/2015) | |||
| 2015-01-16 | 30 | 0 | RESPONSE to Motion re 19 MOTION to Dismiss 7 Amended Complaint filed by Jorge Del Rio. Replies due by 1/26/2015. (Diaz, Richard) (Entered: 01/16/2015) | |||
| 2015-01-21 | 31 | 0 | REPLY to Response to Motion re 26 Defendant's MOTION to Stay Discovery filed by William Garcia, Ignacio Menocal, Octavio Oliu. (Attachments: # 1 Exhibit E-mail from Elizabeth Zaharas dated 01/08/15)(Deutsch, Stephanie) (Entered: 01/21/2015) | |||
| 2015-01-26 | 32 | 0 | REPLY to Response to Motion re 19 MOTION to Dismiss 7 Amended Complaint filed by Roberto Fulgueira, Manuel Marono. (Wydler, Lourdes) (Entered: 01/26/2015) | |||
| 2015-01-28 | 33 | 0 | ENDORSED ORDER granting 26 Defendants William Garcia, Octovio Oliu, and Ignacio Menocal's unopposed Motion to Stay Discovery. Discovery as to Defendants Garcia, Oliu, and Menocal shall be stayed until the Court issues a ruling on the Defendants' motions to dismiss. Signed by Judge Darrin P. Gayles (DPG) (Entered: 01/28/2015) | |||
| 2015-01-28 | 34 | 0 | ENDORSED ORDER REFERRING 19 MOTION to Dismiss 7 Amended Complaint filed by Manuel Marono, Roberto Fulgueira, 14 Defendant's MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Octavio Oliu, Ignacio Menocal, William Garcia, 18 MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by City of Sweetwater. Motions referred to Judge William C. Turnoff. Signed by Judge Darrin P. Gayles on 1/28/2015. (alt) (Entered: 01/28/2015) | |||
| 2015-01-29 | 35 | 0 | Defendant's MOTION to Adopt/Join 33 Order on Motion to Stay, Discovery by Roberto Fulgueira, Manuel Marono. (Attachments: # 1 Text of Proposed Order)(Wydler, Lourdes) (Entered: 01/29/2015) | |||
| 2015-02-05 | 36 | 0 | ENDORSED ORDER granting 35 Manuel Marono and Roberto Fulgueira's Unopposed Motion to Adopt/Join to Stay Discovery. Discovery as to Defendants Manuel Marono and Roberto Fulgueira shall be stayed until the Court issues a ruling on the Defendants' motions to dismiss. Signed by Judge Darrin P. Gayles on 2/5/2015. (alt) (Entered: 02/05/2015) | |||
| 2015-02-19 | 37 | 0 | Initial Disclosure(s) of Initial Rule 26 Disclsoure by Octavio Oliu, Ignacio Menocal, William Garcia (Deutsch, Stephanie) (Entered: 02/19/2015) | |||
| 2015-02-19 | 38 | 0 | Initial Disclosure(s) of Amended Initial Rule 26 Disclsoure by Octavio Oliu, Ignacio Menocal, William Garcia (Deutsch, Stephanie) (Entered: 02/19/2015) | |||
| 2015-02-19 | 39 | 0 | Initial Disclosure(s) by Jorge Del Rio (Diaz, Richard) (Entered: 02/19/2015) | |||
| 2015-03-05 | 40 | 0 | PAPERLESS ORDER Setting Hearing on Motion 14 Defendant's MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM , 19 MOTION to Dismiss 7 Amended Complaint , 18 MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 4/7/2015 02:00 PM in Miami Division before Magistrate judge William C. Turnoff. This entry constitutes the Paperless Order in its entirety. Signed by Magistrate Judge William C. Turnoff on 3/5/2015. (mao) (Entered: 03/05/2015) | |||
| 2015-03-13 | 41 | 0 | MOTION to Stay Discovery by Jorge Del Rio. Responses due by 3/30/2015 (Diaz, Richard) (Entered: 03/13/2015) | |||
| 2015-03-27 | 42 | 0 | ENDORSED ORDER granting 41 Motion to Stay Discovery. Discover shall resume after the pending Motions to Dismiss have been resolved. Signed by Judge Darrin P. Gayles on 3/27/2015. (alt) (Entered: 03/27/2015) | |||
| 2015-04-07 | 43 | 0 | Minute Entry for proceedings held before Magistrate Judge William C. Turnoff: Motion Hearing held on 4/7/2015 re 14 Defendant's MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Octavio Oliu, Ignacio Menocal, William Garcia, 18 MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by City of Sweetwater, and 19 MOTION to Dismiss 7 Amended Complaint filed by Manuel Marono, Roberto Fulgueira. *Motions addressed. Oral arguments heard. Order to follow, consistent with instructions and deadlines stated by the Court in open court. **APPEARANCES: Richard J. Diaz, Esq. present on behalf of the Plaintiff. Damian H. Albert, Esq., Oscar E. Marrero, Esq., Alexandra C. Hayes, Esq., and Stephanie Gale (Cherlin) Deutsch, Esq. present on behalf of the respective Defendants noted on the record. (Digital 14:27:24.) (Time: 2:00PM-3:00PM) (lw1) (Entered: 04/07/2015) | |||
| 2015-04-08 | 44 | 0 | MOTION for Court Order Directing Sweetwater to Issue Directive to Its Police Dept to Avoid Intimindation with Plaintiff by Jorge Del Rio. (Diaz, Richard) (Entered: 04/08/2015) | |||
| 2015-04-10 | 45 | 0 | ORDER granting 14 Motion to Dismiss for Failure to State a Claim; granting 18 Motion to Dismiss for Failure to State a Claim; granting 19 Motion to Dismiss. The Plaintiff shall file a Second Amended Complaint within 14 days of this Order Signed by Judge William C. Turnoff on 4/9/2015. (ail) Modified name of Judge on 4/27/2015 (lw1). (Entered: 04/10/2015) | |||
| 2015-04-13 | 46 | 0 | Second AMENDED COMPLAINT against City of Sweetwater, F/N/UL/N/U #1, F/N/UL/N/U #2, Roberto Fulgueira, William Garcia, Manuel Marono, Ignacio Menocal, Octavio Oliu, filed by Jorge Del Rio.(Diaz, Richard) (Entered: 04/13/2015) | |||
| 2015-04-24 | 47 | 0 | RESPONSE in Opposition re 44 MOTION for Court Order Directing Sweetwater to Issue Directive to Its Police Dept to Avoid Intimindation with Plaintiff filed by City of Sweetwater. Replies due by 5/4/2015. (Albert, Damian) (Entered: 04/24/2015) | |||
| 2015-04-29 | 48 | 0 | Defendants William Garcia, Octavio Oliu and Ignacio Menocal's Motion to Dismiss Second Amended Complaint and Memorandum of Law in Support Thereof ANSWER to Amended Complaint by William Garcia, Ignacio Menocal, Octavio Oliu. (Deutsch, Stephanie) Modified event type on 7/6/2015 (dgj). (Entered: 04/29/2015) | |||
| 2015-04-30 | 49 | 0 | MOTION to Dismiss 46 Amended Complaint Motion to Dismiss Second Amended Complaint by Roberto Fulgueira, Manuel Marono. Responses due by 5/18/2015 (Attachments: # 1 Text of Proposed Order)(Marrero, Oscar) (Entered: 04/30/2015) | |||
| 2015-04-30 | 50 | 0 | MOTION TO DISMISS 46 Amended Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memo of Law in Support by City of Sweetwater. Responses due by 5/18/2015 (Albert, Damian) (Entered: 04/30/2015) | |||
| 2015-05-04 | 51 | 0 | Defendant's MOTION to Stay Discovery by William Garcia, Ignacio Menocal, Octavio Oliu. Responses due by 5/21/2015 (Deutsch, Stephanie) (Entered: 05/04/2015) | |||
| 2015-05-07 | 52 | 0 | MOTION to Stay Discovery by Roberto Fulgueira, Manuel Marono. Responses due by 5/26/2015 (Attachments: # 1 Text of Proposed Order)(Wydler, Lourdes) (Entered: 05/07/2015) | |||
| 2015-05-11 | 53 | 0 | MOTION for Extension of Time file Responses to Defendants' Motions to Dismiss by Jorge Del Rio. Responses due by 5/29/2015 (Diaz, Richard) (Entered: 05/11/2015) | |||
| 2015-05-12 | 54 | 0 | ENDORSED ORDER granting 53 Motion for Extension of Time. Plaintiff shall respond to Defendants William Garcia, Octavio Oliu, Ignacio Menocal, Manuel Marono, and Roberto Fulguiera Motions to Dismiss on or before June 18, 2015. Signed by Judge Darrin P. Gayles on 5/12/2015. (alt) (Entered: 05/12/2015) | |||
| 2015-05-28 | 55 | 0 | RESPONSE to Motion re 52 MOTION to Stay Discovery filed by Jorge Del Rio. Replies due by 6/8/2015. (Diaz, Richard) (Entered: 05/28/2015) | |||
| 2015-05-29 | 56 | 0 | ENDORSED ORDER Setting Hearing on Motion 44 MOTION for Court Order Directing Sweetwater to Issue Directive to Its Police Dept to Avoid Intimindation with Plaintiff, 49 MOTION to Dismiss 46 Amended Complaint Motion to Dismiss Second Amended Complaint, 50 MOTION TO DISMISS 46 Amended Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memo of Law in Support: Motion Hearing set for 6/17/2015 10:00 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 5/29/2015. (alt) (Entered: 05/29/2015) | |||
| 2015-06-01 | 57 | 0 | ENDORSED ORDER Setting Hearing on Motion 48 Defendants William Garcia, Octavio Oliu, and Ignacio Menocal's Motion to Dismiss Second Amended Complaint. Motion Hearing set for 6/17/2015 10:00 AM in Miami Division before Judge Darrin P. Gayles. Signed by Judge Darrin P. Gayles on 6/1/2015. (alt) (Entered: 06/01/2015) | |||
| 2015-06-04 | 58 | 0 | RESPONSE in Opposition re 50 MOTION TO DISMISS 46 Amended Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memo of Law in Support filed by Jorge Del Rio. Replies due by 6/15/2015. (Diaz, Richard) (Entered: 06/04/2015) | |||
| 2015-06-04 | 59 | 0 | RESPONSE in Opposition re 14 Defendant's MOTION TO DISMISS 7 Amended Complaint FOR FAILURE TO STATE A CLAIM filed by Jorge Del Rio. Replies due by 6/15/2015. (Diaz, Richard) (Entered: 06/04/2015) | |||
| 2015-06-04 | 60 | 0 | RESPONSE in Opposition re 49 MOTION to Dismiss 46 Amended Complaint Motion to Dismiss Second Amended Complaint filed by Jorge Del Rio. Replies due by 6/15/2015. (Diaz, Richard) (Entered: 06/04/2015) | |||
| 2015-06-08 | 61 | 0 | REPLY to Response to Motion re 51 Defendant's MOTION to Stay Discovery filed by William Garcia, Ignacio Menocal, Octavio Oliu. (Deutsch, Stephanie) (Entered: 06/08/2015) | |||
| 2015-06-12 | 62 | 0 | NOTICE OF UNAVAILABILITY by William Garcia, Ignacio Menocal, Octavio Oliu for dates of September 3, 2015 through September 28, 2015 (Deutsch, Stephanie) (Entered: 06/12/2015) | |||
| 2015-06-15 | 63 | 0 | ENDORSED ORDER Resetting Hearing on Motions: 44 MOTION for Court Order Directing Sweetwater to Issue Directive to Its Police Dept to Avoid Intimidation with Plaintiff, 49 MOTION to Dismiss 46 Amended Complaint Motion to Dismiss Second Amended Complaint, 50 MOTION TO DISMISS 46 Amended Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memo of Law in Support, Motion 48 Defendants William Garcia, Octavio Oliu, and Ignacio Menocal's Motion to Dismiss Second Amended Complaint: (Motion Hearing set for 6/29/2015 10:00 AM in Miami Division before Judge Darrin P. Gayles) Signed by Judge Darrin P. Gayles (alt) (Entered: 06/15/2015) | |||
| 2015-06-15 | 64 | 0 | REPLY to Response to Motion re 50 MOTION TO DISMISS 46 Amended Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memo of Law in Support filed by City of Sweetwater. (Albert, Damian) (Entered: 06/15/2015) | |||
| 2015-06-15 | 65 | 0 | RESPONSE/REPLY to 48 Answer to Amended Complaint, Reply to Plaintiff's Response to Motion to Dismiss Second Amended Complaint by William Garcia, Ignacio Menocal, Octavio Oliu. (Deutsch, Stephanie) (Entered: 06/15/2015) | |||
| 2015-06-15 | 66 | 0 | REPLY to Response to Motion re 49 MOTION to Dismiss 46 Amended Complaint Motion to Dismiss Second Amended Complaint filed by Roberto Fulgueira, Manuel Marono. (Marrero, Oscar) (Entered: 06/15/2015) | |||
| 2015-06-22 | 67 | 0 | ENDORSED ORDER Resetting Hearing on Motions: 44 MOTION for Court Order Directing Sweetwater to Issue Directive to Its Police Dept to Avoid Intimidation with Plaintiff, 49 MOTION to Dismiss 46 Amended Complaint Motion to Dismiss Second Amended Complaint, 50 MOTION TO DISMISS 46 Amended Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memo of Law in Support, Motion 48 Defendants William Garcia, Octavio Oliu, and Ignacio Menocal's Motion to Dismiss Second Amended Complaint: (Motion Hearing set for 7/1/2015 10:00 AM in Miami Division before Judge Darrin P. Gayles). Signed by Judge Darrin P. Gayles on 6/22/2015. (alt) (Entered: 06/22/2015) | |||
| 2015-06-24 | 68 | 0 | ENDORSED ORDER Resetting Hearing on Motions: 44 MOTION for Court Order Directing Sweetwater to Issue Directive to Its Police Dept to Avoid Intimidation with Plaintiff, 49 MOTION to Dismiss 46 Amended Complaint Motion to Dismiss Second Amended Complaint, 50 MOTION TO DISMISS Amended Complaint FOR FAILURE TO STATE A CLAIM & Incorporated Memo of Law in Support, Motion 48 Defendants William Garcia, Octavio Oliu, and Ignacio Menocal's Motion to Dismiss Second Amended Complaint: (Motion Hearing set for 7/6/2015 10:00 AM in Miami Division before Judge Darrin P. Gayles). Signed by Judge Darrin P. Gayles on 6/24/2015. (alt) (Entered: 06/24/2015) | |||
| 2015-07-06 | 69 | 0 | ENDORSED ORDER granting in part and denying in part 49 Defendants', Manuel Marono and Roberto Fulgueira, Motion to Dismiss. The Motion is granted as to the Plaintiff's Fifth Amendment Claims. The Motion is denied as to the remaining claims, as the Court finds that Second Amended Complaint sufficiently alleges causes of action as to those claims. The Defendants shall file an Answer within 10 days of this Order. Signed by Judge Darrin P. Gayles (DPG) (Entered: 07/06/2015) | |||
| 2015-07-06 | 70 | 0 | ENDORSED ORDER granting in part and denying in part 50 Defendant City of Sweetwater's Motion to Dismiss. The Motion is granted as to the Plaintiff's Fifth Amendment Claims. The Motion is denied as to the remaining claims, as the Court finds that Second Amended Complaint sufficiently alleges causes of action as to those claims. The Defendant shall file an Answer within 10 days of this Order. Signed by Judge Darrin P. Gayles (DPG) (Entered: 07/06/2015) | |||
| 2015-07-06 | 71 | 0 | ENDORSED ORDER denying as moot 51 Defendants' Motion to Stay Discovery. Signed by Judge Darrin P. Gayles (DPG) (Entered: 07/06/2015) | |||
| 2015-07-06 | 72 | 0 | ENDORSED ORDER denying as moot 52 Defendants' Motion to Stay Discovery. Signed by Judge Darrin P. Gayles (DPG) (Entered: 07/06/2015) | |||
| 2015-07-06 | 73 | 0 | ENDORSED ORDER granting in part and denying in part 48 Motion to Dismiss Second Amended Complaint as to Defendants William Garcia, Octovio Oliu, and Ignacio Menocal. The Motion is granted as to the Plaintiff's Fifth Amendment Claims. The Motion is denied as to the remaining claims, as the Court finds that Second Amended Complaint sufficiently alleges causes of action as to those claims. The Defendants shall file an Answer within 10 days of this Order. Signed by Judge Darrin P. Gayles (DPG) (Entered: 07/06/2015) | |||
| 2015-07-06 | 74 | 0 | ENDORSED ORDER granting in part and denying in part 44 Plaintiff's Motion for Court Order Directing Defendant City of Sweetwater to Issue Directive to its Police Department. No official or officer of the City of Sweetwater shall have contact with the Plaintiff except through counsel of record. No officer or detective of the City of Sweetwater's Police Department shall follow or otherwise surveil the Plaintiff during the pendency of this case without prior approval of this Court. Signed by Judge Darrin P. Gayles (DPG) (Entered: 07/06/2015) | |||
| 2015-07-08 | 75 | 0 | Plaintiff's MOTION to Amend/Correct Joint Scheduling Report and Discovery Plan by Jorge Del Rio. Responses due by 7/27/2015 (Diaz, Richard) (Entered: 07/08/2015) | |||
| 2015-07-14 | 76 | 0 | ENDORSED ORDER Setting Status Conference: On or before Friday July 31, 2015, the parties, including governmental parties, shall file Certificates of Interested Parties and Corporate Disclosure Statements that contain a complete list of persons, associated persons, firms, partnerships, and/or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. Failure to comply with this Order shall be grounds for dismissal.(Status Conference Re: Scheduling/Deadlines/Procedural Matters set for 8/5/2015 09:30 AM in Miami Division before Judge Darrin P. Gayles). ENDORSED ORDER Setting Hearing on Motion 75 Plaintiff's MOTION to Amend/Correct Joint Scheduling Report and Discovery Plan: (Motion Hearing set for 8/5/2015 09:30 AM in Miami Division before Judge Darrin P. Gayles). Signed by Judge Darrin P. Gayles on 7/14/2015. (alt) (Entered: 07/14/2015) | |||
| 2015-07-15 | 77 | 0 | NOTICE/STIPULATION of Substitution of Counsel by William Edward Lawton on behalf of William Garcia, Octavio Oliu instead of prior counsel of record Stephanie Duetsch and Harriet Lewis. . Attorney William Edward Lawton added to party William Garcia(pty:dft), Attorney William Edward Lawton added to party Octavio Oliu(pty:dft). (Lawton, William) (Entered: 07/15/2015) | |||
| 2015-07-15 | 78 | 0 | Defendant's ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by City of Sweetwater. (Piper, Michael) (Entered: 07/15/2015) | |||
| 2015-07-16 | 79 | 0 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 73 Order on Motion to Dismiss,, by William Garcia, Octavio Oliu. (Lawton, William) (Entered: 07/16/2015) | |||
| 2015-07-16 | 80 | 0 | Defendant, Menocal's ANSWER and Affirmative Defenses to Complaint with Jury Demand Plaintiff's Second Amended Complaint by Ignacio Menocal. (Deutsch, Stephanie) (Entered: 07/16/2015) | |||
| 2015-07-16 | 81 | 0 | ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Roberto Fulgueira, Manuel Marono. (Wydler, Lourdes) (Entered: 07/16/2015) | |||
| 2015-07-17 | 82 | 0 | NOTICE of Attorney Appearance by Joshua Brian Walker on behalf of William Garcia, Octavio Oliu. Attorney Joshua Brian Walker added to party William Garcia(pty:dft), Attorney Joshua Brian Walker added to party Octavio Oliu(pty:dft). (Walker, Joshua) (Entered: 07/17/2015) | |||
| 2015-07-17 | 83 | 0 | ENDORSED ORDER granting 79 Defendants Unopposed Motion for Extension of Time to Answer Second Amended Complaint. Defendants Oliu and Garcia shall file their Answer on or before July 27, 2015. Signed by Judge Darrin P. Gayles (alt) (Entered: 07/17/2015) | |||
| 2015-07-17 | 84 | 0 | Endorsed Order Cancelling August 5, 2015, status conference. Scheduling order to follow. Signed by Judge Darrin P. Gayles (alt) (Entered: 07/17/2015) | |||
| 2015-07-22 | 85 | 0 | Certificate of Interested Parties/Corporate Disclosure Statement by City of Sweetwater (Piper, Michael) (Entered: 07/22/2015) | |||
| 2015-07-24 | 86 | 0 | Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by William Garcia, Octavio Oliu (Walker, Joshua) (Entered: 07/24/2015) | |||
| 2015-07-27 | 87 | 0 | Certificate of Interested Parties/Corporate Disclosure Statement - NONE disclosed by Jorge Del Rio (Diaz, Richard) (Entered: 07/27/2015) | |||
| 2015-07-27 | 88 | 0 | Certificate of Interested Parties/Corporate Disclosure Statement by Ignacio Menocal (Deutsch, Stephanie) (Entered: 07/27/2015) | |||
| 2015-07-27 | 89 | 0 | RESPONSE/REPLY to 46 Amended Complaint Answer and Affirmative Defenses by William Garcia, Octavio Oliu. (Walker, Joshua) (Entered: 07/27/2015) | |||
| 2015-07-28 | 90 | 0 | Plaintiff's MOTION to Strike 89 Response/Reply (Other) to Amended Complaint, Affirmative Defenses of Defendants William Garcia and Octavio Oliu by Jorge Del Rio. Responses due by 8/14/2015 (Diaz, Richard) (Entered: 07/28/2015) | |||
| 2015-07-28 | 91 | 0 | Plaintiff's MOTION to Strike 78 Answer to Amended Complaint , Affirmative Defenses of Defendant, City of Sweetwater by Jorge Del Rio. Responses due by 8/14/2015 (Diaz, Richard) (Entered: 07/28/2015) | |||
| 2015-07-28 | 92 | 0 | Plaintiff's MOTION to Strike 81 Answer to Amended Complaint , Affirmative Defenses of Defendants, Manuel Marono and Roberto Fulgueira by Jorge Del Rio. Responses due by 8/14/2015 (Diaz, Richard) (Entered: 07/28/2015) | |||
| 2015-07-28 | 93 | 0 | Plaintiff's MOTION to Strike 80 Answer to Complaint , Affirmative Defenses of Defendant, Ignacio Menocal by Jorge Del Rio. Responses due by 8/14/2015 (Diaz, Richard) (Entered: 07/28/2015) | |||
| 2015-07-30 | 94 | 0 | Certificate of Interested Parties/Corporate Disclosure Statement by Roberto Fulgueira, Manuel Marono (Marrero, Oscar) (Entered: 07/30/2015) | |||
| 2015-08-03 | 95 | 0 | Endorsed Order Cancelling August 5, 2015, motion hearing. Scheduling Order to follow. Signed by Judge Darrin P. Gayles on 8/3/2015. (alt) (Entered: 08/03/2015) | |||
| 2015-08-03 | 96 | 0 | SCHEDULING ORDER Setting Civil Trial Date and Pretrial Schedule, Requiring Mediation, and Referring Certain Motions to Magistrate Judge. ( Pretrial Conference set for 3/30/2016 09:30 AM before Judge Darrin P. Gayles., Jury Trial set for 5/2/2016 before Judge Darrin P. Gayles., Calendar Call set for 4/27/2016 09:30 AM before Judge Darrin P. Gayles., Amended Pleadings due by 9/9/2015., Discovery due by 1/8/2016., Expert Discovery due by 1/8/2016., Joinder of Parties due by 9/9/2015., Mediation Deadline 1/28/2016., In Limine Motions due by 3/2/2016., Dispositive Motions due by 1/22/2016., Motions due by 3/2/2016., Pretrial Stipulation due by 3/25/2016.), ORDER REFERRING CASE to Mediation. ( Mediation Deadline 1/28/2016.), ORDER REFERRING CASE to Magistrate Judge William C. Turnoff for Discover Signed by Judge Darrin P. Gayles on 8/3/2015. (asl) (Entered: 08/03/2015) | |||
| 2015-08-14 | 97 | 0 | RESPONSE in Opposition re 91 Plaintiff's MOTION to Strike 78 Answer to Amended Complaint , Affirmative Defenses of Defendant, City of Sweetwater filed by City of Sweetwater. Replies due by 8/24/2015. (Albert, Damian) (Entered: 08/14/2015) | |||
| 2015-08-14 | 98 | 0 | RESPONSE in Opposition re 92 Plaintiff's MOTION to Strike 81 Answer to Amended Complaint , Affirmative Defenses of Defendants, Manuel Marono and Roberto Fulgueira filed by Roberto Fulgueira, Manuel Marono. Replies due by 8/24/2015. (Wydler, Lourdes) (Entered: 08/14/2015) | |||
| 2015-08-14 | 99 | 0 | Defendant's Unopposed MOTION for Extension of Time Response to Plaintiff's Motion to Strike Affirmative Defenses re 93 Plaintiff's MOTION to Strike 80 Answer to Complaint , Affirmative Defenses of Defendant, Ignacio Menocal by Ignacio Menocal. Responses due by 8/31/2015 (Attachments: # 1 Text of Proposed Order)(Deutsch, Stephanie) Modified title text on 8/14/2015 (asl). (Entered: 08/14/2015) | |||
| 2015-08-14 | 100 | 0 | RESPONSE in Opposition re 90 Plaintiff's MOTION to Strike 89 Response/Reply (Other) to Amended Complaint, Affirmative Defenses of Defendants William Garcia and Octavio Oliu filed by William Garcia, Octavio Oliu. Replies due by 8/24/2015. (Walker, Joshua) (Entered: 08/14/2015) | |||
| 2015-08-18 | 101 | 0 | REPLY to Response to Motion re 91 Plaintiff's MOTION to Strike 78 Answer to Amended Complaint , Affirmative Defenses of Defendant, City of Sweetwater, 92 Plaintiff's MOTION to Strike 81 Answer to Amended Complaint , Affirmative Defenses of Defendants, Manuel Marono and Roberto Fulgueira, 90 Plaintiff's MOTION to Strike 89 Response/Reply (Other) to Amended Complaint, Affirmative Defenses of Defendants William Garcia and Octavio Oliu, 93 Plaintiff's MOTION to Strike 80 Answer to Complaint , Affirmative Defenses of Defendant, Ignacio Menocal filed by Jorge Del Rio. (Diaz, Richard) (Entered: 08/18/2015) | |||
| 2015-08-18 | 102 | 0 | RESPONSE to Motion re 93 Plaintiff's MOTION to Strike 80 Answer to Complaint , Affirmative Defenses of Defendant, Ignacio Menocal filed by Ignacio Menocal. Replies due by 8/28/2015. (Deutsch, Stephanie) (Entered: 08/18/2015) | |||
| 2015-08-18 | 103 | 0 | SUPPLEMENT to 101 Reply to Response to Motion,, by Jorge Del Rio (Diaz, Richard) (Entered: 08/18/2015) | |||
| 2015-08-24 | 104 | 0 | ENDORSED ORDER denying as moot 99 Motion for Extension of Time. Signed by Judge Darrin P. Gayles on 8/24/2015. (alt) (Entered: 08/24/2015) | |||
| 2015-08-26 | 105 | 0 | NOTICE of Mediator Selection: Scott Silverman selected. Filed/Added by Jorge Del Rio, Scott J. Silverman. (Diaz, Richard) (Entered: 08/26/2015) | |||
| 2015-09-16 | 106 | 0 | Defendant's MOTION for Extension of Time Expert Reports and Summaries re 96 Scheduling Order, Order Referring Case to Mediation, Order Referring Case to Judge,,,,,,,,, by Ignacio Menocal. Responses due by 10/5/2015 (Deutsch, Stephanie) (Entered: 09/16/2015) | |||
| 2015-09-16 | 107 | 0 | Witness List Expert Witness List by Ignacio Menocal.. (Deutsch, Stephanie) (Entered: 09/16/2015) | |||
| 2015-09-16 | 108 | 0 | Witness List Trial Witnesses by Ignacio Menocal.. (Deutsch, Stephanie) (Entered: 09/16/2015) | |||
| 2015-09-16 | 109 | 0 | Witness List by Roberto Fulgueira, Manuel Marono.. (Marrero, Oscar) (Entered: 09/16/2015) | |||
| 2015-09-16 | 110 | 0 | Witness List by Jorge Del Rio.. (Diaz, Richard) (Entered: 09/16/2015) | |||
| 2015-09-16 | 111 | 0 | Witness List by William Garcia, Octavio Oliu.. (Walker, Joshua) (Entered: 09/16/2015) | |||
| 2015-09-16 | 112 | 0 | Witness List by City of Sweetwater.. (Piper, Michael) (Entered: 09/16/2015) | |||
| 2015-09-17 | 113 | 0 | Notice of Mediation Hearing before Mediator, Scott Silverman filed by Jorge Del Rio. Mediation Hearing set for 12/15/2015 10:00 AM (Diaz, Richard) (Entered: 09/17/2015) | |||
| 2015-09-28 | 114 | 0 | NOTICE by Ignacio Menocal re 107 Witness List (Attachments: # 1 Exhibit Expert Report) (Deutsch, Stephanie) (Entered: 09/28/2015) | |||
| 2015-10-19 | 115 | 0 | ENDORSED ORDER granting 106 Unopposed Motion for Enlargement of Time. Signed by Judge Darrin P. Gayles (ahk) (Entered: 10/19/2015) | |||
| 2015-11-12 | 116 | 0 | Unopposed MOTION for Extension of Time to Complete Discovery by Jorge Del Rio. (Diaz, Richard). Added MOTION for Extension of Time on 11/12/2015 (asl). (Entered: 11/12/2015) | |||
| 2015-11-12 | 117 | 0 | Clerks Notice to Filer re 116 Unopposed MOTION for Extension of Time to Complete Discovery and for filing of Dispostive Motions. Motion with Multiple Reliefs Filed as One Relief; ERROR - The Filer selected only one relief event and failed to select the additional corresponding events for each relief requested in the motion. The docket entry was corrected by the Clerk. It is not necessary to refile this document but future filings must comply with the instructions in the CM/ECF Attorney User's Manual. (asl) (Entered: 11/12/2015) | |||
| 2015-11-16 | 118 | 0 | NOTICE by Jorge Del Rio of Taking Deposition (Diaz, Richard) (Entered: 11/16/2015) | |||
| 2015-11-19 | 119 | 0 | ENDORSED ORDER denying as moot 75 Plaintiff's Motion to Amend Joint Scheduling Report and Discovery Plan based on the Court's subsequent 96 Scheduling Order. Signed by Judge Darrin P. Gayles (ahk) (Entered: 11/19/2015) | |||
| 2015-11-20 | 120 | 0 | ENDORSED ORDER granting 116 Plaintiff's Unopposed Motion to Extend Discovery and Dispositive Motion Cut-Off Dates. Discovery, including expert discovery, shall be completed by March 8, 2016. Dispositive motions, including those regarding summary judgment and Daubert, must be filed by March 21, 2016. Signed by Judge Darrin P. Gayles (ahk) (Entered: 11/20/2015) | |||
| 2015-11-20 | 121 | 0 | ENDORSED ORDER granting in part and denying in part 93 Plaintiff's Motion to Strike Ignacio Menocal's Affirmative Defenses. The Plaintiff's motion is granted as to Menocal's 5th and 6th affirmative defenses, as such challenges to a complaint do not constitute affirmative defenses. The motion is denied as to the remaining affirmative defenses. Signed by Judge Darrin P. Gayles (DPG) (Entered: 11/20/2015) | |||
| 2015-11-20 | 122 | 0 | ENDORSED ORDER granting in part and denying in part 91 Plaintiff's Motion to Strike the City of Sweetwater's affirmative defenses. The Court cannot meaningfully determine which paragraphs in Defendant's Answer and Defenses 78 constitute defenses or affirmative defenses as contemplated by Rule 8 of the Federal Rules of Civil Procedure because they are not designated. As the City's defenses set forth in paragraphs 50 and 51 do not constitute affirmative defenses, the motion is granted. The motion is denied in all other aspects. The Defendant may amend its Answer and Defenses within 10 days of this Order if necessary. Signed by Judge Darrin P. Gayles (DPG) (Entered: 11/20/2015) | |||
| 2015-11-20 | 123 | 0 | ENDORSED ORDER granting in part and denying in part 90 Plaintiff's Motion to Strike certain affirmative defenses of Defendants William Garcia and Octavio Oliu. The motion is granted as to the Defendants' First, Tenth, Eleventh, and Fourteenth Affirmative Defenses as such challenges to a complaint do not constitute affirmative defenses. The motion is denied as to the remaining affirmative defenses. Signed by Judge Darrin P. Gayles (DPG) (Entered: 11/20/2015) | |||
| 2015-11-20 | 124 | 0 | ENDORSED ORDER granting in part and denying in part 92 Plaintiff's Motion to Strike Certain Affirmative Defenses of Defendants Manuel Marono and Roberto Fulgueira. The motion is granted as to the Defendants' Tenth and Thirteenth Affirmative Defenses as such challenges to a complaint do not constitute affirmative defenses. The motion is denied as to the remaining affirmative defenses. Signed by Judge Darrin P. Gayles (DPG) (Entered: 11/20/2015) | |||
| 2015-12-15 | 125 | 0 | NOTICE of Voluntary Dismissal as to Defendant City of Sweetwater by Jorge Del Rio (Diaz, Richard) (Entered: 12/15/2015) | |||
| 2015-12-15 | 126 | 0 | ENDORSED ORDER dismissing all claims against Defendant City of Sweetwater with prejudice, in light of the filing of 125 Plaintiff's Notice of Voluntary Dismissal With Prejudice as to Defendant City of Sweetwater. Signed by Judge Darrin P. Gayles on 12/15/2015. (zvr) (Entered: 12/15/2015) | |||
| 2016-01-19 | 127 | 0 | NOTICE of Voluntary Dismissal Against All Remaining Defendants by Jorge Del Rio (Diaz, Richard) (Entered: 01/19/2016) | |||
| 2016-01-20 | 128 | 0 | ORDER DISMISSING ALL REMAINING DEFENDANTS. Closing Case. Signed by Judge Darrin P. Gayles on 1/20/2016. (zvr) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69. (Entered: 01/20/2016) |