Frishberg v. University of South Florida Board of Trustees et al

Florida Middle District Court
Judge:	Thomas P Barber
Referred:	Natalie Hirt Adams
Case #:	8:24-cv-00022
Nature of Suit	446 Civil Rights - Amer w/Disabilities - Other
Cause	Americans with Disabilities Act

Case Filed:	Jan 03, 2024
Terminated:	Apr 11, 2024

Last checked: Monday Jul 01, 2024 4:24 AM EDT

Defendant HRSE-Capstone Tampa, LLC	Represented By Sacha Dyson Bush, Graziano, Rice & Platter, P.A. contact info
Defendant University of South Florida Board of Trustees	Represented By Sacha Dyson Bush, Graziano, Rice & Platter, P.A. contact info
Plaintiff Daniel A. Frishberg 284 Monroe Drive Mountain View, CA 94040

Docket last updated: 05/23/2025 11:59 PM EDT

Friday, December 27, 2024
		appeal Electronic certificate of readiness Fri 12/27 9:53 AM 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:29 Notice of Appeal,. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 24-11175 HH (JK) Related: [-]
Tuesday, April 30, 2024
35		35 3 pgs order Order on Motion for Reconsideration / Clarification Tue 04/30 10:36 AM ORDER: Plaintiff Daniel A. Frishberg's "Motion for Reconsideration" (Doc. 34 ), in which he seeks to proceed on appeal without costs, is denied. See Order for details. Signed by Judge Thomas P. Barber on 4/30/2024. (ANL) Related: [-]
Wednesday, April 24, 2024
34		34 motion Reconsideration / Clarification Thu 04/25 2:23 PM MOTION for Reconsideration re32 Order on Motion for Leave to File Document, Order on Motion for Reconsideration / Clarification by Daniel A. Frishberg. (e-portal)(GL) Related: [-]
		Att: 1 Exhibit B
33		33 appeal Designation of Record on Appeal Thu 04/25 2:22 PM DESIGNATION of Questions on Appeal and Record on Appeal by Daniel A. Frishberg re29 Notice of Appeal. (e-portal) (GL) Related: [-]
Tuesday, April 23, 2024
32		32 2 pgs order Order on Motion for Leave to File Document Order on Motion for Reconsideration / Clarification Tue 04/23 9:46 AM ORDER: Plaintiff's "Request for Leave to Appeal In Forma Pauperis /Request for Clarification" (Doc. 31 ) is denied. See Order for details. Signed by Judge Thomas P. Barber on 4/23/2024. (ANL) Related: [-]
Sunday, April 21, 2024
31		31 motion Leave to File Amicus Brief / Document Reconsideration / Clarification Mon 04/22 9:25 AM MOTION for Leave to File Appeal in Forma Pauperis, MOTION for Clarification by Daniel A. Frishberg. (AA) (e-portal) Related: [-]
Tuesday, April 16, 2024
30		30 appeal Transmittal of initial appeal package Tue 04/16 10:44 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 re29 Notice of Appeal. (AA) Related: [-]
Monday, April 15, 2024
29		29 appeal Notice of Appeal Tue 04/16 10:37 AM NOTICE OF APPEAL as to27 Order on Motion for Miscellaneous Relief, by Daniel A. Frishberg. Filing fee not paid.(AA) (e-portal) (AA) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B
		Att: 3 (4/16/2024) Exhibit C
Friday, April 12, 2024
28		28 notice Notice to Counsel of Local Rule Fri 04/12 8:46 AM NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (ELM) Related: [-]
Thursday, April 11, 2024
27		27 9 pgs order Order on Motion for Miscellaneous Relief Thu 04/11 12:38 PM ORDER: Defendants' motion to dismiss (Doc. 16 ) is hereby granted. Counts 1, 2, 4, 6, 7, 8, 9, 10, 11 (in part), 13, 14, 15, 16, and 17 are dismissed without prejudice, without leave to amend, for lack of jurisdiction on the basis of Eleventh Amendment immunity. If Plaintiff wishes to pursue these claims, he may choose to do so in state court to the extent possible, but they may not be re-filed in this Court. Count 3 is dismissed with prejudice for failure to state a claim. Count 5, 11 (in part), and 12 are dismissed as independent causes of action, without leave to amend. The Clerk is directed to terminate any pending motions and deadlines, and thereafter close this case. See Order for details. Signed by Judge Thomas P. Barber on 4/11/2024. (ANL) Related: [-]
Monday, March 04, 2024
26		26 order Order on Motion for Miscellaneous Relief Mon 03/04 3:44 PM ENDORSED ORDER: Plaintiff's motion to allow electronic service (Doc. 3 ) is denied. "It is the District's preferred policy to disallow pro se litigants access to electronic filing unless extenuating circumstances exist to justify waiving CM/ECF procedures." Fisher v. District School Bd. of Collier County , No. 2:10-cv-512-FtM-29SPC, 2010 WL 3522215, at *1 (M.D. Fla. Sept. 7, 2010). Plaintiff has not shown good cause. In addition, the Court declines to seal the information requested, except to the extent that personal identifying information - as defined in Federal Rule of Civil Procedure 5.2 - may be redacted. Signed by Judge Thomas P. Barber on 3/4/2024. (ANL) Related: [-]
Tuesday, February 06, 2024
25		25 misc Declaration Wed 02/07 10:36 AM DECLARATION of Daniel Frishberg re24 Reply to Response to Motion by Daniel A. Frishberg. (AA)(e-portal) Related: [-]
24		24 respm Reply to Response to Motion Wed 02/07 10:23 AM REPLY to Response to Motion re16 MOTION for Miscellaneous Relief, specifically to Dissolve and Defendants' Response to Plaintiff's Emergency Motion for an Injunction filed by Daniel A. Frishberg. (AA) (e-portal) Related: [-]
Tuesday, January 30, 2024
23		23 order Order on Motion to File Excess Pages Tue 01/30 4:49 PM ENDORSED ORDER: "Plaintiff's Motion to Increase Page Limits for Plaintiff's Response to the Defendants' Memorandum of Law/Motion to Dismiss" (Doc. 22 ) is granted in part and denied in part. To the extent Plaintiff requests an extension of the 20-page limit for his responsive memorandum, the motion is denied. Plaintiff's response will be limited to "twenty pages inclusive of all parts." See Local Rule 3.01(b). The Court notes, however, that any exhibits attached to the responsive memorandum will not be considered part of the memorandum for purposes of the 20-page limit. Construing Plaintiff's motion to additionally or alternatively seek an extension of time to file his response, the motion is granted. Plaintiff may file his response on or before February 6, 2024. The Court notes that for most types of motions, Local Rule 3.01(g) requires that the moving party confer with the opposing party regarding the relief sought and include in the motion a certificate describing the outcome of the conference. Plaintiff's motion fails to include the required certificate of conference. Although the Court has granted the motion in part, any future motions that require but fail to include a certificate of conference will be denied or stricken. As the Court previously reminded Plaintiff (Doc. 9 ), pro se litigants are required to comply with the rules of procedure and Local Rules. Signed by Judge Thomas P. Barber on 1/30/2024. (EKB) Related: [-]
Sunday, January 28, 2024
22		22 motion File Excess Pages Mon 01/29 11:01 AM MOTION to Increase Page Limit for Plaintiff's Response to the Defendant's Memorandum of Law/Motion to Dismiss. by Daniel A. Frishberg. (AA) (e-portal) Related: [-]
Thursday, January 18, 2024
21		21 service Summons returned executed Mon 01/22 3:10 PM RETURN of service executed on 1/17/2024 by Daniel A. Frishberg as to University of South Florida Board of Trustees. (LNR) Related: [-]
Wednesday, January 17, 2024
20		20 order Order on Motion for Miscellaneous Relief Wed 01/17 6:49 PM ENDORSED ORDER: For the reasons discussed at the January 16, 2024, hearing in this matter, Defendants' motion to dissolve the temporary restraining order (Doc. 16 ) is granted. The temporary restraining order (Doc. 9 ) is hereby dissolved. To the extent "Plaintiff's Emergency Motion for [an] Injunction, or, in the Alternative, a Temporary Injunction/Restraining Order" (Doc. 4 ) seeks a preliminary injunction, ruling is deferred pending resolution of the Eleventh Amendment sovereign immunity and related issues raised by Defendants in their response to Plaintiff's motion (Doc. 16 ). The Court will treat Defendants' response as a motion to dismiss based on: (1) Eleventh Amendment sovereign immunity as to the Fair Housing Act and state law claims, and (2) failure to state a claim under the Americans with Disabilities Act. See (Doc. 16 at 14-15 & nn. 11-12; id . at 22 n.13). On or before January 31, 2024, Plaintiff may file a response to Defendants' motion, limited to these issues and complying in all respects with the Local Rules, including Local Rule 3.01(b). Based on the agreement of Defendants' counsel, service of process is deemed to have been made on Defendants as of January 16, 2024. Defendants' time to respond to the complaint is stayed pending resolution of the threshold issues described above. In the event the Court does not dismiss the case on these grounds, the Court will set a deadline for Defendants to respond to the complaint. Defendants may at that point assert by way of answer or motion to dismiss any arguments available to them under Rule 12. Signed by Judge Thomas P. Barber on 1/17/2024. (EKB) Related: [-]
Tuesday, January 16, 2024
19		19 notice Notice (Other) Tue 01/16 4:49 PM NOTICE by HRSE-Capstone Tampa, LLC, University of South Florida Board of Trustees re1 Complaint of Acceptance of Service of Summons and Plaintiff's Complaint (Dyson, Sacha) Related: [-]
18		18 minutes Motion Hearing Tue 01/16 3:59 PM Minute Entry. Virtual Proceedings held before Judge Thomas P. Barber: MOTION HEARING held on 1/16/2024 re4 MOTION for Preliminary Injunction MOTION for Temporary Restraining Order filed by Daniel A. Frishberg. Court Reporter: Rebekah Lockwood (SRC) Related: [-]
Monday, January 15, 2024
17		17 misc Declaration Mon 01/15 11:31 AM DECLARATION of Andrew Johnson re16 MOTION for Miscellaneous Relief, specifically to Dissolve and Defendants' Response to Plaintiff's Emergency Motion for an Injunction by HRSE-Capstone Tampa, LLC, University of South Florida Board of Trustees.(Dyson, Sacha) Related: [-]
		Att: 1 Appendix 1-5,
		Att: 2 Exhibit 6-10,
		Att: 3 Exhibit 11-15,
		Att: 4 Exhibit 16-20,
		Att: 5 Exhibit 21-27
16		16 motion Miscellaneous Relief Mon 01/15 11:24 AM MOTION for Miscellaneous Relief, specifically to Dissolve and Defendants' Response to Plaintiff's Emergency Motion for an Injunction by HRSE-Capstone Tampa, LLC, University of South Florida Board of Trustees.(Dyson, Sacha) Related: [-]
		Att: 1 Exhibit A,
		Att: 2 Exhibit B,
		Att: 3 Exhibit C
Friday, January 12, 2024
14		14 notice Notice of hearing Fri 01/12 10:28 AM NOTICE of hearing: Preliminary Injunction Hearing set for JANUARY 16, 2024, at 02:00 PM in Tampa Courtroom 14 A before Judge Thomas P. Barber. (SRC) Related: [-]
Thursday, January 11, 2024
15		15 misc Status report Fri 01/12 12:07 PM STATUS report by Daniel A. Frishberg.(AA) (e-portal) Related: [-]
		Att: 1 Exhibit
Wednesday, January 10, 2024
13		13 order Amended Order Wed 01/10 4:20 PM ENDORSED ORDER: The second sentence in paragraph 7 on page 7 of the Court's January 9, 2024, "Order Granting in Part and Denying in Part Plaintiff's Motion for Temporary Restraining Order" (Doc. 9 ) is hereby amended, nunc pro tunc , to read as follows: "Plaintiff is further DIRECTED to file with the Court on or before January 11, 2024, a statement that service on Defendants has been provided as directed." Signed by Judge Thomas P. Barber on 1/10/2024. (EKB) Related: [-]
12		12 service Summons issued Wed 01/10 12:29 PM SUMMONS issued as to HRSE-Capstone Tampa, LLC, University of South Florida Board of Trustees. (AG) Related: [-]
11		11 service Proposed summons Wed 01/10 12:22 PM PROPOSED summons to be issued by Daniel A. Frishberg. (e-portal)(AG) Modified text on 1/10/2024 (AG) Related: [-]
		Att: 1 Proposed Summons HRSE-Capstone Tampa, LLC,
		Att: 2 USM - 285
Tuesday, January 09, 2024
10		10 service Certificate of service Wed 01/10 12:01 PM CERTIFICATE of service by Daniel A. Frishberg re9 Order on Motion for Preliminary Injunction, Order on Motion for Temporary Restraining Order. (e-portal) (AG) Modified text on 1/10/2024 (AG) Related: [-]
9		9 8 pgs order Order on Motion for Preliminary Injunction Order on Motion for Temporary Restraining Order Tue 01/09 3:16 PM ORDER. "Plaintiff's Emergency Motion for [an] Injunction, or in the Alternative, a Temporary Injunction/Restraining Order." (Doc. 4 ) is granted in part and denied in part. This matter will be scheduled for a preliminary injunction hearing by separate notice on Tuesday January 16, 2024, at 2:00 p.m. Plaintiff is directed- before noon on January 10, 2024 - to serve on Defendants through email to their counsel, at the email address listed on counsel's filings in the parallel state court case, the following: 1) a copy of the complaint and its exhibits; (2) a copy of the motion and its exhibits; and (3) a copy of this Order. Plaintiff is further directed to file with the Court on or before January 11, 2020, a statement that service on Defendants has been provided as directed. Defendants are directed to file a response to Plaintiff's motion on or before noon on January 15, 2024. Defendants' response should include any affidavits, declarations, or documentary evidence Defendants wish the Court to consider. See Order for details. Signed by Judge Thomas P. Barber on 1/9/2024. (EKB) Related: [-]
8		8 notice Notice to Counsel of Local Rule Tue 01/09 1:32 PM NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge . (Signed by Deputy Clerk). (SRC) Related: [-]
7		7 notice Notice to Counsel of Local Rule Tue 01/09 1:32 PM NOTICE to Counsel 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). (SRC) Related: [-]
Monday, January 08, 2024
6		6 service Proposed summons Tue 01/09 10:48 AM PROPOSED summons to be issued as to University of South Florida by Daniel A. Frishberg.(AA) (e-portal) Related: [-]
		Att: 1 USM-285
5		5 2 pgs order Order on Motion to Proceed In Forma Pauperis Mon 01/08 5:23 PM ORDER granting 2 Motion to Proceed In Forma Pauperis, and directing Plaintiff to to complete and return the "Summons in a Civil Action" AO 440 form and the "Process Receipt and Return" USM-285 form to the Clerk. Signed by US Magistrate Judge Natalie Hirt Adams on 1/8/2024. (Adams, Natalie) Related: [-]
4		4 motion Preliminary Injunction Temporary Restraining Order Mon 01/08 12:58 PM MOTION for Preliminary Injunction, MOTION for Temporary Restraining Order by Daniel A. Frishberg. (AA) (e-portal) Related: [-]
Wednesday, January 03, 2024
3		3 motion Miscellaneous Relief Thu 01/04 9:59 AM MOTION to allow Electronic Service and other related relief by Daniel A. Frishberg. (AA) (e-portal) Related: [-]
2		2 motion Proceed In Forma Pauperis Wed 01/03 1:07 PM MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Daniel A. Frishberg. (AA) Motions referred to Magistrate Judge Natalie Hirt Adams. (e-portal) Related: [-]
1		1 cmp Complaint Wed 01/03 1:05 PM COMPLAINT against HRSE-Capstone Tampa, LLC, University of South Florida Board of Trustees filed by Daniel A. Frishberg.(AA) (e-portal) Related: [-]

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