Barley et al v. Islamorada, Village of Islands

Florida Southern District Court
Judge:K Michael Moore
Referred: Marty Fulgueira Elfenbein
Case #: 4:24-cv-10038
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1441 Notice of Removal
Case Filed:Apr 24, 2024
Last checked: Wednesday Apr 24, 2024 5:12 PM EDT
Defendant
Islamorada, Village of Islands
Represented By
Bryan Christopher Siddique
contact info
Plaintiff
Mary L Barley
Plaintiff
Prinston LLC


Docket last updated: 05/03/2024 11:59 PM EDT
Wednesday, May 01, 2024
9 9 motion Dismiss for Failure to State a Claim Wed 05/01 7:20 PM
Defendant's MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM Motion to Dismiss First Amended and Supplemental Complaint by Islamorada, Village of Islands. Responses due by 5/15/2024.(Yudis, Blayne)
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Att: 1 Exhibit 1 - Final Judgment
Friday, April 26, 2024
8 8 order - Order (PAPERLESS or pdf attached) Fri 04/26 6:10 PM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 4/26/2024. See attached document for full details. (cds)
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7 7 order Order Referring Case to Magistrate Judge Fri 04/26 1:56 PM
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 4/26/2024. (gbn)
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6 6 order Pretrial Order Fri 04/26 1:52 PM
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 4/26/2024. (gbn)
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Thursday, April 25, 2024
5 5 notice Notice of Attorney Appearance Thu 04/25 4:50 PM
NOTICE of Attorney Appearance by Russell Allen Yagel on behalf of Mary L Barley, Prinston LLC (Yagel, Russell)
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4 4 notice Notice of Attorney Appearance Thu 04/25 4:26 PM
NOTICE of Attorney Appearance by Blayne Justus Yudis on behalf of Islamorada, Village of Islands (Yudis, Blayne)
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3 3 notice Notice of Attorney Appearance Thu 04/25 4:07 PM
NOTICE of Attorney Appearance by Eric Lawrence Stettin on behalf of Islamorada, Village of Islands (Stettin, Eric)
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Wednesday, April 24, 2024
2 2 order Clerk's Notice of Judge Assignment and Optional Consent Thu 04/25 9:04 AM
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (cds)
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1 1 cmp Notice of Removal (State Court Complaint) Wed 04/24 5:04 PM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - First Amended and Supplemental Complaint) Filing fee $ 405.00 receipt number AFLSDC-17475923, filed by Islamorada, Village of Islands.(Siddique, Bryan)
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Att: 1 Civil Cover Sheet,
Att: 2 First Amended and Supplemental Complaint and other Documents