Florida Preborn Rescue, Inc. et al v. City of Clearwater, Florida
| Florida Middle District Court | |
| Judge: | Mary S Scriven |
| Referred: | Amanda Arnold Sansone |
| Case #: | 8:23-cv-01173 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | May 26, 2023 |
| Last checked: Wednesday Nov 22, 2023 7:20 AM EST |
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Defendant
City of Clearwater, Florida
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Represented By
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Plaintiff
Florida Preborn Rescue, Inc.
5453 Central Avenue
St. Petersburg, FL 33710 |
Represented By
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Plaintiff
Allen Tuthill
5453 Central Avenue
St. Petersburg, FL 33710 |
Represented By
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Plaintiff
Judith Goldsberry
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Represented By
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Plaintiff
Scott J. Mahurin
5453 Central Avenue
St. Petersburg, FL 33710 |
Represented By
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Plaintiff
Antoniette M. Migliore
5453 Central Avenue
St. Petersburg, FL 33710 |
Represented By
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| 1. | Anti-abortion group files federal lawsuit against Clearwater (baynews9.com) |
| Submitted Mon 06/12/2023 | |
| Docket last updated: 05/02/2024 11:59 PM EDT |
| Tuesday, December 12, 2023 | ||
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appeal
Electronic certificate of readiness
Tue 12/12 3:54 PM
Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re:46 Notice of Interlocutory Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 23-13501 B (LSS) |
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| Tuesday, November 07, 2023 | ||
| 48 | 48
appeal
Transcript Information Form
Tue 11/07 8:32 PM
TRANSCRIPT information form filed by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill re46 Notice of Interlocutory Appeal. USCA number: 23-13501 No transcript(s) requested. (Brooks, Brennan) |
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| Tuesday, October 24, 2023 | ||
| 47 | 47
appeal
Transmittal of initial appeal package
Tue 10/24 9:45 AM
TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re46 Notice of Interlocutory Appeal. (HAI) |
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| Monday, October 23, 2023 | ||
| 46 | 46
appeal
Notice of Interlocutory Appeal
Mon 10/23 4:08 PM
NOTICE OF INTERLOCUTORY APPEAL as to45 Order on Motion for Preliminary Injunction by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. Filing fee not paid. (Brooks, Brennan) |
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misc
Pay Fee
Mon 10/23 4:16 PM
FEE PAID. Appeal fee, Receipt No. AFLMDC-21383255 for $505 paid Notice for appeal to the Eleventh Circuit Court of Appeals. (Brooks, Brennan) |
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| Friday, October 20, 2023 | ||
| 45 | 45
29
pgs
order
Order on Motion for Preliminary Injunction
Fri 10/20 4:01 PM
ORDER DENYING 16 Plaintiffs' Amended Time-Sensitive Motion for Preliminary Injunction. Signed by Judge Mary S. Scriven on 10/20/2023. (KDS) |
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| Monday, October 02, 2023 | ||
| 44 | 44
trial
Exhibit List
Mon 10/02 2:04 PM
Defendant's Exhibit List by City of Clearwater, Florida for preliminary injunction hearing held on 9/21/2023. [NOTE: The following Defendants' Exhibit is a non-scannable compact disc and is located in the United States District Court, Middle District of Florida, Tampa Division, Clerk's Office Sealed Exhibit Room: Defendants' Exhibit C.](BCH) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit D,
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Att: 4
Exhibit E
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| 43 | 43
misc
Transcript
Mon 10/02 2:02 PM
TRANSCRIPT of motion hearing held on September 21, 2023 before District Judge Mary S. Scriven. Court Reporter: David J. Collier. Email address: david_collier@flmd.uscourts.gov. Telephone number: (813) 301-5575. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 10/23/2023. Redacted Transcript Deadline set for 11/2/2023. Release of Transcript Restriction set for 1/2/2024. (DJC) |
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| 42 | 42
trial
Exhibit List
Mon 10/02 1:38 PM
Plaintiff's Exhibit List by Florida Preborn Rescue, Inc. for preliminary injunction hearing held on 9/21/2023.(BCH) |
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Att: 1
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Exhibit 8,
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Exhibit 11,
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Exhibit 16,
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Exhibit 22,
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Att: 23
Exhibit 23,
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Att: 26
Exhibit 26,
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Att: 27
Exhibit 27,
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Att: 28
Exhibit 28
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| Tuesday, September 26, 2023 | ||
| 41 | 41
notice
NOTICE of filing supplemental authority
Tue 09/26 6:12 AM
NOTICE of supplemental authority re16 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Time-Sensitive Motion for Preliminary Injunction and Supporting Memo of Law by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. (Brooks, Brennan) |
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| Friday, September 22, 2023 | ||
| 40 | 40
order
Order
Fri 09/22 2:00 PM
SUA SPONTE ORDER SEALING Defendant's Exhibit C admitted at the hearing on Plaintiffs' motion for preliminary injunction. The Court finds good cause to seal this exhibit in order to protect potential sensitive information contained therein, particularly identities of patients and other non-parties. Signed by Judge Mary S. Scriven on 9/22/2023. (KDS) |
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| Thursday, September 21, 2023 | ||
| 39 | 39
minutes
Motion Hearing
Thu 09/21 4:47 PM
Minute Entry. In Person Proceedings held before Judge Mary S. Scriven: MOTION HEARING held on 9/21/2023 re16 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Time-Sensitive Motion for Preliminary Injunction and Supporting Memo of Law filed by Scott J. Mahurin, Allen Tuthill, Antoniette M. Migliore, Judith Goldsberry, Florida Preborn Rescue, Inc. Court Reporter: David Collier (BCH) |
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| 38 | 38
trial
Exhibit List
Thu 09/21 9:19 AM
Revised Exhibit List for Evidentiary Hearing on Plaintiff's Amended Time Sensitive Motion for Preliminary Injunction by City of Clearwater, Florida. (Lirot, Luke) (Modified on 9/21/2023 to edit docket text) (JDR) |
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| Wednesday, September 20, 2023 | ||
| 37 | 37
order
Order on Motion to Appear Pro Hac Vice
Wed 09/20 9:12 AM
ENDORSED ORDER granting 36 Motion to Appear Pro Hac Vice. Attorney Michael G. McHale may appear pro hac vice, subject to the requirement that counsel submit his Pro Hac Vice E-File Registration (see https://www.flmd.uscourts.gov/for-lawyers) within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 9/20/2023. (BEE) |
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| Tuesday, September 19, 2023 | ||
| 36 | 36
motion
Appear Pro Hac Vice
Tue 09/19 9:09 PM
MOTION for Michael G. McHale to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21269039 for $150 by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. (Christopher, Donald) |
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| 35 | 35
2
pgs
order
Order on Motion to Allow Electronic Equipment
Tue 09/19 5:05 PM
ORDER granting 34 Defendant's Motion to Allow Electronic Equipment. Signed by Judge Mary S. Scriven on 9/19/2023. (BCH) |
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| 34 | 34
motion
Allow Electronic Equipment
Tue 09/19 3:13 PM
MOTION to Allow Electronic Equipment, specifically a windows laptop and Macbook laptop computer with power cord and accessories; an external hard drive/USB drive, converter from HDMI to VGA, VGA cord, computer speakers by City of Clearwater, Florida. (Lirot, Luke) |
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| Monday, September 18, 2023 | ||
| 33 | 33
notice
Notice of appearance
Mon 09/18 3:38 PM
NOTICE of Appearance by Donald E. Christopher on behalf of Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill (Christopher, Donald) |
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| Thursday, August 17, 2023 | ||
| 32 | 32
notice
Notice of appearance
Thu 08/17 9:06 PM
NOTICE of Appearance by Robert A. O'Donnell on behalf of Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill (O'Donnell, Robert) |
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| 31 | 31
trial
Exhibit List
Thu 08/17 8:30 PM
Exhibit List by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. (O'Donnell, Robert) |
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| 30 | 30
trial
Witness List
Thu 08/17 8:26 PM
Witness List by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. (O'Donnell, Robert) |
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| 29 | 29
trial
Witness List
Thu 08/17 7:09 PM
Witness List by City of Clearwater, Florida. (Lirot, Luke) |
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| 28 | 28
trial
Witness List
Thu 08/17 6:59 PM
Witness List by City of Clearwater, Florida. (Lirot, Luke) |
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| 27 | 27
trial
Exhibit List
Thu 08/17 6:58 PM
Exhibit List for Evidentiary Hearing by City of Clearwater, Florida. (Lirot, Luke) |
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| Monday, August 07, 2023 | ||
| 26 | 26
respm
Response in Opposition to Motion
Mon 08/07 5:46 PM
RESPONSE in Opposition re16 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Time-Sensitive Motion for Preliminary Injunction and Supporting Memo of Law filed by City of Clearwater, Florida.(Lirot, Luke) |
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Att: 1
Appendix,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E,
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Att: 7
Exhibit F,
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Att: 8
Exhibit G,
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Att: 9
Exhibit H,
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Att: 10
Exhibit I
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| Friday, July 14, 2023 | ||
| 25 | 25
order
Order on Motion for Extension of Time to File Response / Reply
Fri 07/14 2:52 PM
ENDORSED ORDER GRANTING 24 Defendant City of Clearwater, Florida's Unopposed Motion to Extend Time to Respond to Plaintiff's Amended Time-Sensitive Motion for Preliminary Injunction. Defendant shall have up to and including August 7, 2023, to file its response to Plaintiff's Preliminary Injunction Motion. The Court further extends the deadline for the Parties to file exhibit lists and witness lists to August 17, 2023. Signed by Judge Mary S. Scriven on 7/14/2023. (APF) |
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| Wednesday, July 12, 2023 | ||
| 24 | 24
motion
Extension of Time to File Response / Reply
Wed 07/12 1:43 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to16 Amended MOTION for Preliminary Injunction Plaintiffs' Amended Time-Sensitive Motion for Preliminary Injunction and Supporting Memo of Law by City of Clearwater, Florida. (Lirot, Luke) |
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| Monday, July 10, 2023 | ||
| 23 | 23
answer
Answer to amended complaint
Mon 07/10 5:36 PM
ANSWER and affirmative defenses with Jury Demand to 12 Amended Complaint by City of Clearwater, Florida.(Lirot, Luke) |
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| Monday, July 03, 2023 | ||
| 22 | 22
order
Order on Motion to Continue
Mon 07/03 12:38 PM
ENDORSED ORDER GRANTING 20 Defendant City of Clearwater, Florida's Unopposed Motion to Reschedule Hearing on Plaintiff's Amended Time-Sensitive Motion for Preliminary Injunction. Given the Parties' unavailability and the Court's trial and other case commitments, the Court hereby RESCHEDULES the hearing on Plaintiff's Motion to Thursday, September 21, 2023 at 9:30 AM, in the Sam Gibbons United States Courthouse, Tampa, Florida, Courtroom 7A before United States District Judge Mary S. Scriven. The Court has set aside four (4) hours for this hearing. Signed by Judge Mary S. Scriven on 7/3/2023. (APF) |
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| 21 | 21
order
Order on Motion to Appear Pro Hac Vice
Mon 07/03 10:10 AM
ENDORSED ORDER granting 18 Motion to Appear Pro Hac Vice; granting 19 Motion to Appear Pro Hac Vice. Attorneys Joan M. Mannix and Brennan Tyler Brooks may appear pro hac vice, subject to the requirement that counsel submit their Pro Hac Vice E-File Registration within seven days of this order. Signed by Magistrate Judge Amanda Arnold Sansone on 7/3/2023. (BEE) |
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| Sunday, July 02, 2023 | ||
| 20 | 20
motion
Continue
Sun 07/02 7:04 PM
Unopposed MOTION to Continue or Reschedule Hearing on Plaintiffs' Amended Time-sensitive Motion for Preliminary Injunction by City of Clearwater, Florida. (Lirot, Luke) |
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| Friday, June 30, 2023 | ||
| 19 | 19
motion
Appear Pro Hac Vice
Fri 06/30 4:24 PM
MOTION for Brennan Tyler Brooks to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21001427 for $150 by All Plaintiffs. (Theophilopoulos, Gerasimos) |
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| 18 | 18
motion
Appear Pro Hac Vice
Fri 06/30 4:23 PM
MOTION for Joan M. Mannix to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-21001377 for $150 by All Plaintiffs. (Theophilopoulos, Gerasimos) |
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| Wednesday, June 28, 2023 | ||
| 17 | 17
2
pgs
order
Order Setting Hearing on Motion
Wed 06/28 4:11 PM
ORDER Setting Hearing on 16 Plaintiff's Amended Time-Sensitive Motion for Preliminary Injunction. This case is set for an evidentiary hearing on the Motion on Tuesday August 22, 2023 at 9:30 AM, in the Sam Gibbons United States Courthouse, Tampa, Florida, Courtroom 7A before United States District Judge Mary S. Scriven. The Court has set aside four (4) hours for this hearing. Signed by Judge Mary S. Scriven on 6/28/2023. (APF) |
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| Thursday, June 22, 2023 | ||
| 16 | 16
motion
Preliminary Injunction
Thu 06/22 11:41 AM
Amended MOTION for Preliminary Injunction Plaintiffs' Amended Time-Sensitive Motion for Preliminary Injunction and Supporting Memo of Law by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill.(Bird, Robert) |
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Att: 1
Exhibit A - Declaration of Allen Tuthill,
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Att: 2
Exhibit B - Declaration of Antoniette M. Migliore,
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Att: 3
Exhibit C - Declaration of Scott J. Mahurin,
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Att: 4
Exhibit D - Clearwater FL Code of Ordinances,
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Att: 5
Exhibit E - Ordinance No. 9665-23,
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Att: 6
Exhibit F - Declaration of Judith M. Goldsberry,
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Att: 7
Exhibit G - proposed Order Granting Preliminary Injunction
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| Tuesday, June 13, 2023 | ||
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order
Order on Motion for Preliminary Injunction
Tue 06/13 12:09 PM
ENDORSED ORDER DENYING WITHOUT PREJUDICE 3 Plaintiffs' Time-Sensitive Motion for Preliminary Injunction. In light of the Amended Complaint, (Dkt. 12), Plaintiffs are directed to file an Amended Motion for Preliminary Injunction. Alternatively, Plaintiffs may request reinstatement of the original Motion with a request that the Court consider it against the amended pleading. Signed by Judge Mary S. Scriven on 6/13/2023. (APF) |
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| Friday, June 09, 2023 | ||
| 14 | 14
notice
Notice of appearance
Fri 06/09 12:55 PM
NOTICE of Appearance by Luke Charles Lirot on behalf of City of Clearwater, Florida (Lirot, Luke) |
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| Wednesday, June 07, 2023 | ||
| 13 | 13
service
Proof of service
Wed 06/07 8:17 PM
PROOF of service by Florida Preborn Rescue, Inc., Judith Goldsberry, Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill(Bird, Robert) |
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Att: 1
Exhibit A - Return of Service re Complaint & Summons served 6-1-23 on City of Clearwater,
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Att: 2
Exhibit B - Return of Service re Motion for Preliminary Injunction served 6-2-23 on City of Clearwater
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| 12 | 12
cmp
Amended Complaint
Wed 06/07 11:07 AM
AMENDED COMPLAINT FOR PRELIMINARY AND PERMANENT INJUNCTIVE RELIEF AND DAMAGES against City of Clearwater, Florida filed by Scott J. Mahurin, Florida Preborn Rescue, Inc., Antoniette M. Migliore, Allen Tuthill, Judith Goldsberry. Related document: 1 Complaint, filed by Scott J. Mahurin, Allen Tuthill, Antoniette M. Migliore, Florida Preborn Rescue, Inc..(Bird, Robert) |
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Att: 1
Exhibit 1 - Ordinance No. 9665-23
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| Thursday, June 01, 2023 | ||
| 11 | 11
notice
Notice of Lead Counsel Designation
Thu 06/01 10:53 AM
NOTICE of Lead Counsel Designation by Robert Quincy Bird on behalf of Florida Preborn Rescue, Inc., Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill. Lead Counsel: R. Quincy Bird. (Bird, Robert) |
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| Wednesday, May 31, 2023 | ||
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notice
Notice to Counsel of Local Rule
Wed 05/31 10:40 AM
NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LSS) |
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notice
Notice to Counsel of Local Rule
Wed 05/31 3:14 PM
NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (KAC) |
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| Tuesday, May 30, 2023 | ||
| 8 | 8
misc
Corporate Disclosure Statement
Tue 05/30 4:45 PM
CORPORATE Disclosure Statement by Florida Preborn Rescue, Inc., Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill identifying Other Affiliate Scott J. Mahurin for Scott J. Mahurin.. (Bird, Robert) |
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| 7 | 7
misc
Corporate Disclosure Statement
Tue 05/30 4:43 PM
CORPORATE Disclosure Statement by Florida Preborn Rescue, Inc., Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill identifying Other Affiliate Antoniette M. Migliore for Antoniette M. Migliore.. (Bird, Robert) |
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| 6 | 6
misc
Corporate Disclosure Statement
Tue 05/30 4:38 PM
CORPORATE Disclosure Statement by Florida Preborn Rescue, Inc., Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill identifying Other Affiliate Allen Tuthill for Allen Tuthill.. (Bird, Robert) |
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| 5 | 5
misc
Corporate Disclosure Statement
Tue 05/30 4:34 PM
CORPORATE Disclosure Statement by Florida Preborn Rescue, Inc., Scott J. Mahurin, Antoniette M. Migliore, Allen Tuthill identifying Corporate Parent Florida Preborn Rescue, Inc. for Florida Preborn Rescue, Inc... (Bird, Robert) |
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| 4 | 4
service
Summons issued
Tue 05/30 4:24 PM
SUMMONS issued as to City of Clearwater, Florida. (LSS) |
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| Friday, May 26, 2023 | ||
| 3 | 3
motion
Preliminary Injunction
Fri 05/26 3:55 PM
Time Sensitive MOTION for Preliminary Injunction by Florida Preborn Rescue, Inc., Scott J Mahurin, Antoniette M Migliore, Allen Tuthill.(Bird, Robert) |
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Att: 1
Exhibit A - Declaration of Allen Tuthill,
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Att: 2
Exhibit B - Declaration of Antoniette M. Migliore,
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Att: 3
Exhibit C - Declaration of Scott J. Mahurin,
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Att: 4
Exhibit D - Clearwater FL Code of Ordinances,
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Att: 5
Exhibit E - Ordinance No. 9665-23,
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Att: 6
Exhibit F - proposed Order Granting Preliminary Injunction
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| 1 | 1
cmp
Complaint
Fri 05/26 12:09 PM
COMPLAINT against City of Clearwater, Florida (Filing fee $402 receipt number AFLMDC-20880672) filed by Scott J Mahurin, Florida Preborn Rescue, Inc., Antoniette M Migliore, Allen Tuthill.(Bird, Robert) |
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Att: 1
Exhibit 1 - Ordinance No. 9665-23,
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Att: 2
Civil Cover Sheet,
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Att: 3
Proposed Summons
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utility
Case Assigned/Reassigned
Fri 05/26 1:03 PM
NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Amanda Arnold Sansone. New case number: 8:23-cv-1173-MSS-AAS. (RPB) |
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