Riegel v. The School Board of Lee County, Florida

Florida Middle District Court
Judge:John E Steele
Referred: Kyle C Dudek
Case #: 2:23-cv-01133
Nature of Suit442 Civil Rights - Employment
Cause28:1441 Notice of Removal- Civil Rights Act
Case Filed:Dec 05, 2023
Case in other court:Lee County Circuit Court, 23-CA-012421
Last checked: Sunday Jun 02, 2024 5:53 AM EDT
Defendant
The School Board of Lee County, Florida
Represented By
Mikala Makar
Roetzel & Andress
contact info
James Donald Fox
Roetzel & Andress Lpa
contact info
Plaintiff
Kevin Riegel
Represented By
Benjamin H. Yormak
Yormak Employment & Disability Law
contact info


Docket last updated: 70 minutes ago
Wednesday, March 26, 2025
36 36 adr Mediation report Wed 03/26 5:06 PM
MEDIATION report Hearing held on 03/21/2025. Hearing outcome: Impasse.. (Wright, Denise)
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Thursday, March 06, 2025
35 35 order Order on Motion for Miscellaneous Relief Thu 03/06 9:10 AM
ENDORSED ORDER granting 34 Unopposed Motion for School Board Representatives to Attend Mediation with Full Authority to Recommend Settlement. Signed by Magistrate Judge Kyle C. Dudek on 3/6/2025. (BLW)
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Wednesday, March 05, 2025
34 34 motion Miscellaneous Relief Wed 03/05 4:08 PM
Unopposed MOTION for Miscellaneous Relief, specifically Attend Mediation with Full Authority to Recommend Settlement by The School Board of Lee County, Florida. (Makar, Mikala)
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Thursday, February 27, 2025
33 33 order Case Management Scheduling Order Thu 02/27 1:11 PM
AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 5/2/2025. Pretrial statement due by 10/17/2025. All other motions due by 10/13/2025. Final Pretrial Conference set for 10/31/2025 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele. Jury Trial set for 11/3/2025 trial term in Ft. Myers Courtroom 6 A before Judge John E. Steele. Conduct mediation hearing by 4/11/2025. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 2/27/2025. (CGW)
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32 32 order Order on Motion to Amend / Correct / Modify / Supplement Thu 02/27 9:41 AM
ENDORSED ORDER granting 31 Joint Motion to Extend Deadlines. All remaining deadlines will be extended by 30 days. A new case management and scheduling order will follow. Signed by Magistrate Judge Kyle C. Dudek on 2/27/2025. (BLW)
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Wednesday, February 26, 2025
31 31 motion Amend / Correct / Modify / Supplement Wed 02/26 2:24 PM
Joint MOTION to Amend24 Case Management Scheduling Order by The School Board of Lee County, Florida.(Makar, Mikala)
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Att: 1 Exhibit A
Monday, February 24, 2025
30 30 notice Notice of mediation conference/hearing Mon 02/24 8:49 AM
NOTICE of mediation conference/hearing to be held on March 21, 2025 at 9:00 A.M. before Ms. Denise Wheeler-Wright. (Yormak, Benjamin)
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Thursday, April 18, 2024
29 29 answer Answer to amended complaint Thu 04/18 4:25 PM
Defendant's ANSWER and affirmative defenses with Jury Demand to 14 Amended Complaint by The School Board of Lee County, Florida.(Fox, James)
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Tuesday, April 16, 2024
28 28 order Order Tue 04/16 12:49 PM
ENDORSED ORDER. Following the Court's ruling on the motion to dismiss, Defendant did not answer the complaint within the time allowed by Federal Rule of Civil Procedure 12(a)(4)(A). Defendant must answer the complaint by 4/23/24. Signed by Magistrate Judge Kyle C. Dudek on 4/16/2024. (BLW)
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Monday, April 01, 2024
27 27 18 pgs order Order on Motion to Dismiss Mon 04/01 9:01 AM
OPINION AND ORDER granting in part and denying in part 21 Motion to Dismiss. Those portions of the Amended Complaint which assert a First Amendment claim under § 1983 founded on Plaintiff's non-renewal of employment in June 2013 and his failure to be appointed to an audit committee are dismissed without prejudice. The motion is denied as to the refusal to hire for the Director of Risk Management position. Signed by Judge John E. Steele on 4/1/2024. (RKR)
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Monday, February 12, 2024
26 26 respm Response in Opposition to Motion Mon 02/12 2:18 PM
RESPONSE in Opposition re21 MOTION to Dismiss Amended Complaint and incorporated memorandum of law filed by Kevin Riegel.(Yormak, Benjamin)
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Att: 1 Exhibit 1 - Defendant's Policy 1001,
Att: 2 Exhibit 2 - Defendant's Policy 1120
Monday, January 29, 2024
24 24 order Case Management Scheduling Order Mon 01/29 2:19 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/21/2024; Joinder of Parties due by 3/21/2024; Discovery due by 2/28/2025; Dispositive motions due by 3/28/2025; Pretrial statement due by 9/12/2025; All other motions due by 9/8/2025; Plaintiff disclosure of expert report due by 11/30/2024; Defendant disclosure of expert report due by 12/30/2024; Final Pretrial Conference set for 9/26/2025 at 09:30 AM in Ft. Myers Courtroom 6 A before Judge John E. Steele; Jury Trial set for 10/1/2025 trial term in Ft. Myers Courtroom 6 A before Judge John E. Steele. Conduct mediation hearing by 3/7/2025. Lead counsel to coordinate dates. Signed by Magistrate Judge Kyle C. Dudek on 1/29/2024. (CGW)
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23 23 minutes Preliminary pretrial conference Mon 01/29 2:12 PM
Minute Entry. Virtual Proceedings held before Magistrate Judge Kyle C. Dudek: PRELIMINARY PRETRIAL CONFERENCE held on 1/29/2024. (Digital) (CGW)
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22 22 misc Corporate Disclosure Statement Mon 01/29 9:14 AM
CORPORATE Disclosure Statement by The School Board of Lee County, Florida identifying Other Affiliate The School District of Lee County, Florida, Other Affiliate Lee County, Florida for The School Board of Lee County, Florida.. (Makar, Mikala)
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Tuesday, January 23, 2024
21 21 motion Dismiss Tue 01/23 4:31 PM
MOTION to Dismiss Amended Complaint by The School Board of Lee County, Florida. (Fox, James)
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20 20 notice Notice of appearance Tue 01/23 8:52 AM
NOTICE of Appearance by Mikala Makar on behalf of The School Board of Lee County, Florida (Makar, Mikala)
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Wednesday, January 17, 2024
19 19 2 pgs order Order on Motion to Dismiss Wed 01/17 11:09 AM
ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) 17 Motion to Dismiss. Signed by Judge John E. Steele on 1/17/2024. (RKR)
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Tuesday, January 16, 2024
18 18 misc Case Management Report Tue 01/16 4:56 PM
CASE MANAGEMENT REPORT. (Fox, James)
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17 17 motion Dismiss Tue 01/16 4:39 PM
MOTION to Dismiss Amended Complaint by The School Board of Lee County, Florida. (Fox, James)
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Tuesday, January 02, 2024
16 16 1 pgs order Order on Motion to Dismiss Tue 01/02 11:23 AM
ORDER denying as moot 13 Motion to Dismiss. Signed by Judge John E. Steele on 1/2/2024. (RKR)
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Monday, January 01, 2024
15 15 respm Response in Opposition to Motion Mon 01/01 10:26 PM
RESPONSE in Opposition re13 MOTION to Dismiss Plaintiffs' Complaint filed by Kevin Riegel. (Yormak, Benjamin)
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14 14 cmp Amended Complaint Mon 01/01 10:25 PM
AMENDED COMPLAINT against The School Board of Lee County, Florida with Jury Demand. filed by Kevin Riegel. Related document: 5 Complaint filed by Kevin Riegel.(Yormak, Benjamin)
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Tuesday, December 12, 2023
13 13 motion Dismiss Tue 12/12 4:21 PM
MOTION to Dismiss Plaintiffs' Complaint by The School Board of Lee County, Florida. (Fox, James)
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Monday, December 11, 2023
12 12 notice Notice of hearing Mon 12/11 2:19 PM
NOTICE of hearing: Preliminary Pretrial Conference set for 1/29/2024 at 10:00 AM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. Case Management Report due by 1/15/2024. Zoom instructions will be sent via separate email to counsel of record. (CGW)
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11 11 order Civil Action Order Mon 12/11 2:15 PM
CIVIL Action Order. Signed by All Divisional Judges on 12/11/2023. (CGW)
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Thursday, December 07, 2023
10 10 notice Compliance notice Thu 12/07 2:51 PM
NOTICE of compliance re 3 Notice to Counsel of Local Rule 2.01(b)(2)(B) by The School Board of Lee County, Florida (Fox, James)
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9 9 notice Notice of Lead Counsel Designation Thu 12/07 2:50 PM
NOTICE of Lead Counsel Designation by James Donald Fox on behalf of The School Board of Lee County, Florida. Lead Counsel: James Donald Fox. (Fox, James)
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Wednesday, December 06, 2023
8 8 notice Notice of Lead Counsel Designation Wed 12/06 4:48 PM
NOTICE of Lead Counsel Designation by Benjamin H. Yormak on behalf of Kevin Riegel. Lead Counsel: Benjamin H. Yormak, Esq.. (Yormak, Benjamin)
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7 7 misc Certificate of Interested Persons and Corporate Disclosure Statement Wed 12/06 4:48 PM
CERTIFICATE of interested persons and corporate disclosure statement by Kevin Riegel. (Yormak, Benjamin)
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6 6 notice Notice of a Related Action Wed 12/06 4:47 PM
NOTICE of a related action per Local Rule 1.07(c) by Kevin Riegel. Related case(s): Yes (Yormak, Benjamin)
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5 5 cmp Complaint Wed 12/06 3:54 PM
COMPLAINT against The School Board of Lee County, Florida with Jury Demand filed by Kevin Riegel. Filed in state court on 11/6/2023.(EAM)
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4 4 notice Notice to Counsel of Local Rule Wed 12/06 3:46 PM
NOTICE TO COUNSEL James Donald Fox, Benjamin H. Yormak 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). (EAM)
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3 3 notice Notice to Counsel of Local Rule Wed 12/06 3:46 PM
NOTICE TO COUNSEL James Donald Fox of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (EAM)
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Tuesday, December 05, 2023
2 2 utility Case Assigned/Reassigned Tue 12/05 11:10 AM
NEW CASE ASSIGNED to Judge John E. Steele and Magistrate Judge Kyle C. Dudek. New case number: 2:23-cv-01133-JES-KCD. (AM)
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1 1 notice Notice of Removal Tue 12/05 9:57 AM
COMPLAINT and NOTICE OF REMOVAL from Lee County Circuit Court, case number 23-CA-012421 filed in State Court on 11/06/2023. Filing fee $405, receipt number AFLMDC-21526926 filed by The School Board of Lee County, Florida.(Fox, James)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 State Court COMPLAINT Complaint and Demand for Jury Trial,
Att: 6 State Court Docket Sheet Docket Sheet,
Att: 7 State Court Other Documents Remaining State Court Documents,
Att: 8 Civil Cover Sheet