Cluff et al v. Miami-Dade County et al
| Florida Southern District Court | |
| Judge: | Kathleen M Williams |
| Referred: | Chris M Mcaliley |
| Case #: | 1:21-cv-23342 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1441 Petition for Removal- Civil Rights Act |
| Case Filed: | Sep 16, 2021 |
| Terminated: | Feb 01, 2022 |
| Last checked: Tuesday Mar 15, 2022 5:27 AM EDT |
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Defendant
Allison Ault
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Represented By
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Defendant
Miami-Dade County
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Defendant
Miami-Dade Fire Rescue Department
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Defendant
Jerome Weldon
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Represented By
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Defendant
Captain Artis West
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Plaintiff
Jacqueline F. Beaz
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Represented By
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Plaintiff
Diana B. Cluff
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Represented By
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| Docket last updated: 3 hours ago |
| Wednesday, December 07, 2022 | ||
| 31 | 31
appeal
USCA Mandate
Thu 12/08 4:25 PM
MANDATE of USCA (certified copy). AFFIRMED Order of the district court with USCA court's opinion re26 Notice of Appeal, filed by Diana B. Cluff, Jacqueline F. Beaz; Date Issued: 12/7/2022; USCA Case Number: 22-10704 AA. (apz) |
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| Tuesday, May 31, 2022 | ||
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appeal
Electronic Availability of ROA
Tue 05/31 2:45 PM
Pursuant to 11th Cir. R. 11-2 and 11th Cir. R. 11-3, the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re:26 Notice of Appeal, Appeal No. 22-10704 AA. The entire record on appeal is available electronically. (hh) |
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| Thursday, March 17, 2022 | ||
| 29 | 29
appeal
Transcript Information Form - Attorney
Thu 03/17 6:37 PM
TRANSCRIPT INFORMATION FORM by Jacqueline F. Beaz, Diana B. Cluff re26 Notice of Appeal,,. No Transcript Requested. (Price, Max) |
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| 28 | 28
appeal
Transcript Information Form - Attorney
Thu 03/17 4:49 PM
TRANSCRIPT INFORMATION FORM by Jacqueline F. Beaz, Diana B. Cluff re26 Notice of Appeal,,. No Transcript Requested. (Price, Max) |
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| Tuesday, March 08, 2022 | ||
| 27 | 27
appeal
Acknowledgment of Receipt from USCA
Tue 03/08 11:44 AM
Acknowledgment of Receipt of NOA from USCA re26 Notice of Appeal, filed by Diana B. Cluff, Jacqueline F. Beaz. Date received by USCA: 3/4/2022. USCA Case Number: 22-10704 AA. (apz) |
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| Friday, March 04, 2022 | ||
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Fri 03/04 8:07 AM
Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re26 Notice of Appeal, Notice has been electronically mailed. (apz) |
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| Thursday, March 03, 2022 | ||
| 26 | 26
appeal
Notice of Appeal
Thu 03/03 4:09 PM
Notice of Appeal as to22 Order Remanding Case to State Court, by Jacqueline F. Beaz, Diana B. Cluff. Filing fee $ 505.00 receipt number AFLSDC-15446603. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information.(Price, Max) |
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Att: 1
Docket Sheet,
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Att: 2
Exhibit FINAL ORDER BEING APPEALED
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| Tuesday, February 15, 2022 | ||
| 25 | 25
service
Acknowledgment of Receipt
Tue 02/15 4:05 PM
ACKNOWLEDGMENT OF RECEIPT as to23 Transmittal Letter Sent (ebz) |
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| Friday, February 04, 2022 | ||
| 24 | 24
appeal
USCA Order
Fri 02/04 3:44 PM
ORDER of Dismissal of USCA: Pursuant to Appellants Allison Ault, Jerome Weldon and Artis West's motion for voluntary dismissal, this appeal was dismissed on February 4, 2022 as to19 Notice of Interlocutory Appeal, filed by Allison Ault, Jerome Weldon, Artis West, USCA # 22-10169 JJ (hh) |
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| Wednesday, February 02, 2022 | ||
| 23 | 23
misc
Transmittal Letter Sent to State Court - FORM
Wed 02/02 9:34 AM
Transmittal Letter Sent with Certified Copy of Order of Remand to: 11th Judicial Circuit. State Court Case Number: 2021-016314-CA-01 (ls) |
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| Tuesday, February 01, 2022 | ||
| 22 | 22
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order
Order Remanding Case to State Court
Tue 02/01 1:20 PM
Order Granting in Part and Denying in Part Defendants' Motion to Dismiss10 . The Clerk is directed to remand the case to state court and close the case. Signed by Judge Kathleen M. Williams on 2/1/2022. See attached document for full details. (nlf) |
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| Friday, January 21, 2022 | ||
| 21 | 21
appeal
Acknowledgment of Receipt from USCA
Mon 01/24 9:25 AM
Acknowledgment of Receipt of NOA from USCA re19 Notice of Interlocutory Appeal, filed by Allison Ault, Jerome Weldon, Artis West. Date received by USCA: 1/14/2022. USCA Case Number: 22-10169 JJ. (apz) |
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| Friday, January 14, 2022 | ||
| 20 | 20
appeal
Transcript Information Form - Attorney
Fri 01/14 11:56 AM
TRANSCRIPT INFORMATION FORM by Allison Ault, Jerome Weldon, Artis West re19 Notice of Interlocutory Appeal,,. No Transcript Requested. (Vosseler, Zachary) |
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| 19 | 19
appeal
Notice of Appeal - Interlocutory
Fri 01/14 11:52 AM
Notice of Interlocutory Appeal as to 18 Order on Motion to Stay, by Allison Ault, Jerome Weldon, Artis West. Filing fee $ 505.00 receipt number AFLSDC-15318983. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information.(Vosseler, Zachary) |
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Att: 1
Docket Sheet
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Fri 01/14 12:54 PM
Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re19 Notice of Interlocutory Appeal, Notice has been electronically mailed. (apz) |
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| Wednesday, December 15, 2021 | ||
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order
Order on Motion to Stay
Wed 12/15 11:52 AM
PAPERLESS ORDER. THIS MATTER is before the Court on the Defendants' Unopposed Motion to Stay Case Pending Ruling on the Motion to Dismiss11 . The motion11 is GRANTED IN PART AND DENIED IN PART . This matter is STAYED until January 31, 2022. The Parties must file a proposed joint revised scheduling report by February 1, 2022 , regardless of the status of Defendants' motion to dismiss. Signed by Judge Kathleen M. Williams on 12/15/2021. (nlf) |
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| Friday, November 19, 2021 | ||
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respm
Reply to Response to Motion
Fri 11/19 7:26 PM
REPLY to Response to Motion re10 MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM filed by Allison Ault, Miami-Dade County, Miami-Dade Fire Rescue Department, Jerome Weldon, Artis West. (Vosseler, Zachary) |
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| Wednesday, November 10, 2021 | ||
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motion
Extension of Time to File Response/Reply/Answer
Wed 11/10 10:10 AM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to10 MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Allison Ault, Miami-Dade County, Miami-Dade Fire Rescue Department, Jerome Weldon, Artis West.(Vosseler, Zachary) |
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Att: 1
Text of Proposed Order
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order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 11/10 6:01 PM
PAPERLESS ORDER. Defendants' Unopposed Motion for Extension of Time15 is GRANTED . Defendants filed their Motion for Extension of Time in compliance with the procedures detailed in the Court's Scheduling Order9 , and requested a brief extension. Defendants shall reply to Plaintiffs' response14 to Defendants' Motion to Dismiss10 by no later than November 19, 2021 . Replies due by 11/19/2021. Signed by Judge Kathleen M. Williams on 11/10/2021. (nlf) |
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| Tuesday, November 09, 2021 | ||
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respm
Response in Opposition to Motion
Tue 11/09 10:32 PM
RESPONSE in Opposition re10 MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM OPPOSITION filed by Jacqueline F. Beaz, Diana B. Cluff. Replies due by 11/16/2021. (Price, Max) |
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| Tuesday, November 02, 2021 | ||
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order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 11/02 12:04 PM
PAPERLESS ORDER. For good cause shown, Plaintiffs' Unopposed Motion For Extension12 is GRANTED IN PART AND DENIED IN PART . Plaintiffs shall respond to Defendants' Motion to Dismiss10 by no later than November 9, 2021 . The Motion For Extension filed by the Plaintiffs 12 failed to comply with this Court's practices and procedures, which state that "[a]bsent an emergency, requests for extensions of time must be presented to the Court, by motion, no later than 48 hours prior to the deadline from which the Parties are seeking relief. Sanctions may be imposed for non-emergent requests made less than 48 hours prior to the deadline." Going forward, all motions and filings by the Parties must comply fully with the Federal Rules of Civil Procedure, the Local Rules for the Southern District of Florida, and the Practices and Procedures of this Court. Signed by Judge Kathleen M. Williams on 11/2/2021. (clu) |
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| Friday, October 29, 2021 | ||
| 12 | 12
motion
Extension of Time to File Response/Reply/Answer
Fri 10/29 5:11 PM
Agreed MOTION for Extension of Time to File Response/Reply/Answer as to10 MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Jacqueline F. Beaz, Diana B. Cluff.(Price, Max) |
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Att: 1
Text of Proposed Order
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| Tuesday, October 19, 2021 | ||
| 11 | 11
motion
Stay
Tue 10/19 12:57 PM
Unopposed MOTION to Stay Pending Ruling on 10 Motion to Dismiss by Allison Ault, Miami-Dade County, Miami-Dade Fire Rescue Department, Jerome Weldon, Artis West. Responses due by 11/2/2021 (Vosseler, Zachary) |
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| Thursday, October 14, 2021 | ||
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motion
Dismiss for Failure to State a Claim
Thu 10/14 7:29 PM
MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Allison Ault, Miami-Dade County, Miami-Dade Fire Rescue Department, Jerome Weldon, Artis West. Responses due by 10/28/2021 (Vosseler, Zachary) |
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| Wednesday, October 06, 2021 | ||
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order
Scheduling Order ~Util - Case Referred to Mediation
Thu 10/07 8:55 AM
SCHEDULING ORDER: ( Jury Trial set for 11/7/2022 in Miami Division before Judge Kathleen M. Williams., Calendar Call set for 11/1/2022 11:00 AM in Miami Division before Judge Kathleen M. Williams.) Signed by Judge Kathleen M. Williams on 10/6/2021. See attached document for full details. (ls) |
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| Monday, October 04, 2021 | ||
| 8 | 8
misc
Scheduling Report - Rule 26(f)/16.1
Mon 10/04 2:21 PM
Joint SCHEDULING REPORT - Rule 16.1 by Allison Ault, Miami-Dade County, Miami-Dade Fire Rescue Department, Jerome Weldon, Artis West (Vosseler, Zachary) |
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| Wednesday, September 29, 2021 | ||
| 7 | 7
notice
Notice (Other)
Wed 09/29 3:08 PM
NOTICE by Allison Ault, Miami-Dade County, Miami-Dade Fire Rescue Department, Jerome Weldon, Artis West re4 Order Referring Case to Magistrate Judge, Notice of Court Practice/to Appear/Other (Notice of Filing State Court Record) (Vosseler, Zachary) |
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misc
Status Report
Wed 09/29 2:42 PM
STATUS REPORT (REMOVAL STATUS REPORT) by Allison Ault, Miami-Dade County, Miami-Dade Fire Rescue Department, Jerome Weldon, Artis West (Vosseler, Zachary) |
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| Monday, September 20, 2021 | ||
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pgs
order
Order Referring Case to Magistrate Judge Notice of Court Practice/to Appear/Other
Mon 09/20 10:52 AM
ORDER Of Referral And Notice Of Court Practice In Removal Cases. Signed by Judge Kathleen M. Williams on 9/17/2021. See attached document for full details. (kpe) |
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order
Order on Motion for Extension of Time to File Response/Reply/Answer
Mon 09/20 11:23 AM
PAPERLESS ORDER granting3 Unopposed Motion for Extension of Time. Defendants shall respond to the Amended Complaint no later than October 14, 2021. Signed by Magistrate Judge Chris M. McAliley on 9/20/2021. (rr00) |
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| Friday, September 17, 2021 | ||
| 3 | 3
motion
Extension of Time to File Response/Reply/Answer
Fri 09/17 12:57 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to1 Notice of Removal (State Court Complaint), by Allison Ault, Miami-Dade County, Miami-Dade Fire Rescue Department, Jerome Weldon, Artis West.(Vosseler, Zachary) |
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Att: 1
Text of Proposed Order
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| Thursday, September 16, 2021 | ||
| 1 | 1
cmp
Notice of Removal (State Court Complaint)
Thu 09/16 2:03 PM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint) Filing fee $ 402.00 receipt number AFLSDC-15016289, filed by Allison Ault, Miami-Dade Fire Rescue Department, Miami-Dade County, Jerome Weldon, Artis West. No Answer and/or Motion to Dismiss Filed.(Vosseler, Zachary) Modified on 9/16/2021 (jao) |
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Att: 1
Amended Complaint,
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Summon(s),
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Civil Cover Sheet,
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Defendants' papers filed in state court,
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order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 09/16 3:33 PM
Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley 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. (jao) |
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