Smith v. City of West Palm Beach et al
| Florida Southern District Court | |
| Judge: | Donald M Middlebrooks |
| Referred: | William Matthewman |
| Case #: | 9:24-cv-80749 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1441 Notice of Removal |
| Case Filed: | Jun 14, 2024 |
| Terminated: | Jan 24, 2025 |
| Case in other court: | Fifteenth Judicial Circuit, 502023CA00079XXXMB AJ |
| Last checked: Wednesday Dec 11, 2024 3:46 AM EST |
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Defendant
City of West Palm Beach
401 Clematis Street
West Palm Beach, FL 33401 |
Represented By
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Defendant
Nicholas Lordi
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Represented By
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Mediator
Michael McManus
Matrix Mediation 1655 Palm Beach Lakes Blvd., Ste. 700
West Palm Beach, FL 33401 |
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Plaintiff
Jamiah Smith
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Represented By
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| Docket last updated: 1 hours ago |
| Friday, January 24, 2025 | ||
| 49 | 49
2
pgs
order
Order Dismissing/Closing Case or Party
Mon 01/27 7:19 AM
ORDER ON MOTION TO EXTEND DEADLINE TO FILE NOTICE OF DISMISSAL AND STAYING AND ADMINISTRATIVELY CLOSING CASE Signed by Judge Donald M. Middlebrooks on 1/24/2025. See attached document for full details. (cqs) |
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| Monday, January 20, 2025 | ||
| 48 | 48
motion
Extension of Time
Mon 01/20 2:48 PM
Unopposed MOTION for Extension of Time to file Notice of Dismissal by Jamiah Smith. Responses due by 2/3/2025.(Haddad, Christopher) |
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Att: 1
Text of Proposed Order
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| 47 | 47
notice
Notice of Settlement - aty
Mon 01/20 2:42 PM
NOTICE of Settlement by Jamiah Smith, City of West Palm Beach, Nicholas Lordi. Attorney Christopher Alfred Haddad added to party City of West Palm Beach(pty:dft), Attorney Christopher Alfred Haddad added to party Nicholas Lordi(pty:dft). (Haddad, Christopher) |
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| Tuesday, January 14, 2025 | ||
| 46 | 46
order
Order on Motion for Summary Judgment
Tue 01/14 3:27 PM
PAPERLESS ORDER denying as moot38 Amended Combined Motion for Summary Judgment, in light of the filing of Defendants' Second Amended Combined Motion for Summary Judgment (DE44 ). Signed by Judge Donald M. Middlebrooks on 1/14/2025. (kid) |
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| Friday, January 10, 2025 | ||
| 45 | 45
misc
Statement
Fri 01/10 3:25 PM
Statement of: Material Facts (Third Amended) by City of West Palm Beach re44 Second MOTION for Summary Judgment by Nicholas Lordi and(Carrabis, Andrew) |
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Att: 1
Exhibit West Palm Beach Fire Run,
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Att: 2
Deposition Deposition of Nicholas Lordi,
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Att: 3
Deposition Deposition of Jamiah Smith,
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Att: 4
Exhibit Redacted Medical Records from St. Mary's Hospital,
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Att: 5
Deposition Deposition of Martin Warshaw,
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Att: 6
Exhibit Unsworn Declaration of Tarheayis Souffrant,
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Att: 7
Exhibit Unsworn Declaration of Nicholas Floyd
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| 44 | 44
motion
Summary Judgment
Fri 01/10 3:15 PM
Second MOTION for Summary Judgment by Nicholas Lordi and by City of West Palm Beach. Responses due by 1/24/2025. (Carrabis, Andrew) |
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| 43 | 43
notice
Notice of Striking
Fri 01/10 3:09 PM
NOTICE of Striking42 Statement,, filed by City of West Palm Beach Second Amended Statement of Material Facts by City of West Palm Beach (Carrabis, Andrew) |
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| 42 | 42
misc
Statement
Fri 01/10 11:45 AM
Statement of: Material Facts by City of West Palm Beach re38 Amended MOTION for Summary Judgment by Nicholas Lordi and(Carrabis, Andrew) |
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Att: 1
Exhibit West Palm Beach Fire Run,
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Att: 2
Deposition Deposition of Nicholas Lordi,
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Att: 3
Deposition Deposition of Jamiah Smith,
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Att: 4
Exhibit Redacted Medical Records from St. Mary's Hospital,
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Att: 5
Deposition Deposition of Martin Warshaw,
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Att: 6
Exhibit Unsworn Declaration of Tarheayis Souffrant,
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Att: 7
Exhibit Unsworn Declaration of Nicholas Floyd
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| 41 | 41
order
- Order (PAPERLESS or pdf attached) Order Striking
Fri 01/10 11:17 AM
PAPERLESS ORDER striking39 Statement of Material Facts. Local Rule 56.1(a)(1) requires that the movant's "Statement of Material Facts shall list the material facts that the movant contends are not genuinely disputed." Defendants fail to do so here and must refile their Statement of Material Facts. To the extent that the citations to the statement of material facts within Defendant's Amended Motion for Summary Judgment (DE38 ) will be changed, Defendants are directed to refile a corrected Motion also. The deadline to do so is January 14, 2025. Signed by Judge Donald M. Middlebrooks on 1/10/2025. (kid) |
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| 40 | 40
order
Order on Motion for Summary Judgment
Fri 01/10 11:07 AM
PAPERLESS ORDER denying as moot35 Joint Motion for Summary Judgment, in light of the filing of an Amended Motion for Summary Judgment (DE38 ). Signed by Judge Donald M. Middlebrooks on 1/10/2025. (kid) |
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utility
~Util - Set/Reset Deadlines/Hearings
Fri 01/10 2:21 PM
Reset Deadlines Per DE#14. Motions due by 1/14/2025. (cqs) |
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| Thursday, January 09, 2025 | ||
| 39 | 39
misc
Statement
Thu 01/09 10:31 AM
Statement of: Material Facts Joint Amended In Support of Summary Judgment by City of West Palm Beach re38 Amended MOTION for Summary Judgment by Nicholas Lordi and(Carrabis, Andrew) |
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Att: 1
Exhibit West Palm Beach Fire Run,
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Att: 2
Deposition Deposition of Nicholas Lordi,
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Att: 3
Deposition Deposition of Jamiah Smith,
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Att: 4
Exhibit Redacted Medical Records from St. Mary's Hospital,
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Att: 5
Deposition Deposition of Martin Warshaw,
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Att: 6
Exhibit Unsworn Declaration of Tarheayis Souffrant,
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Att: 7
Exhibit Unsworn Declaration of Nicholas Floyd
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| 38 | 38
motion
Summary Judgment
Thu 01/09 10:26 AM
Amended MOTION for Summary Judgment by Nicholas Lordi and by City of West Palm Beach. Responses due by 1/23/2025. (Carrabis, Andrew) |
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| Wednesday, January 08, 2025 | ||
| 37 | 37
motion
Bifurcate
Wed 01/08 12:36 PM
Joint MOTION to Bifurcate Count III by City of West Palm Beach. Responses due by 1/22/2025. (Carrabis, Andrew) |
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| Monday, January 06, 2025 | ||
| 36 | 36
misc
Statement
Mon 01/06 12:57 PM
Statement of: Joint Material Facts by City of West Palm Beach(Carrabis, Andrew) |
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Att: 1
Exhibit West Palm Beach Fire Run,
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Att: 2
Deposition Deposition of Nicholas Lordi,
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Att: 3
Deposition Deposition of Jamiah Smith,
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Att: 4
Exhibit Redacted Medical Records from St. Mary's Hospital,
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Att: 5
Deposition Deposition of Martin Warshaw
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| 35 | 35
motion
Summary Judgment
Mon 01/06 12:41 PM
Joint MOTION for Summary Judgment by Nicholas Lordi and by City of West Palm Beach. Responses due by 1/21/2025. (Carrabis, Andrew) |
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| Monday, December 23, 2024 | ||
| 34 | 34
notice
Notice (Other)
Mon 12/23 7:07 PM
Defendant's NOTICE of Plaintiff's Compulsory Medical Examination by City of West Palm Beach (Carrabis, Andrew) |
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| Thursday, December 19, 2024 | ||
| 33 | 33
4
pgs
order
Order on Motion to Continue
Thu 12/19 2:14 PM
ORDER ON PLAINTIFF'S UNOPPOSED MOTION TO CONTINUE TRIAL AND EXTEND DISCOVERY DEADLINE, granting in part32 Motion to Continue. Discovery Deadline due by 1/9/2025. Signed by Judge Donald M. Middlebrooks on 12/19/2024. See attached document for full details. (gqa) |
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| Tuesday, December 17, 2024 | ||
| 32 | 32
motion
Continue
Tue 12/17 11:36 AM
Unopposed MOTION to Continue by Jamiah Smith. Responses due by 12/31/2024.(Haddad, Christopher) |
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Att: 1
Text of Proposed Order
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| Monday, December 16, 2024 | ||
| 31 | 31
notice
Notice (Other)
Mon 12/16 1:22 PM
Defendant's NOTICE of Taking Video Taped Deposition of Jamiah Smith by Nicholas Lordi (Stephens, Don) |
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| Friday, December 13, 2024 | ||
| 30 | 30
2
pgs
order
Order on Motion to Compel
Fri 12/13 12:08 PM
ORDER denying29 Motion to Compel. Signed by Judge Donald M. Middlebrooks on 12/13/2024. See attached document for full details. (cqs) |
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| Monday, December 09, 2024 | ||
| 29 | 29
motion
Compel
Mon 12/09 5:18 PM
Defendant's MOTION to Compel Subpoena Compliance by City of West Palm Beach. Responses due by 12/23/2024. (Carrabis, Andrew) |
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| Tuesday, November 26, 2024 | ||
| 28 | 28
answer
Answer to Complaint
Tue 11/26 4:12 PM
Defendant's ANSWER and Affirmative Defenses to Complaint with Jury Demand by City of West Palm Beach. (Carrabis, Andrew) |
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| 27 | 27
misc
Initial Disclosure(s)
Tue 11/26 3:00 PM
Initial Disclosure(s) of witnesses and exhibits by Jamiah Smith (Haddad, Christopher) |
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| 26 | 26
answer
ANSWER to Complaint (Notice of Removal)
Tue 11/26 2:40 PM
Defendant, Nicholas Lordi's ANSWER and Affirmative Defenses to Complaint re the Notice of Removal with Jury Demand by Nicholas Lordi. (Stephens, Don) |
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| Thursday, November 21, 2024 | ||
| 25 | 25
2
pgs
order
Order on Motion to Dismiss for Failure to State a Claim Order on Motion to Strike
Thu 11/21 3:43 PM
ORDER ON DEFENDANTS' MOTIONS TO DISMISS. Denying14 Motion to Dismiss for Failure to State a Claim; denying14 Motion to Strike14 Defendant's MOTION TO DISMISS; Denying15 Motion to Dismiss for Failure to State a Claim. Signed by Judge Donald M. Middlebrooks on 11/21/2024. See attached document for full details. (gqa) |
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| Tuesday, September 03, 2024 | ||
| 24 | 24
respm
Reply to Response to Motion
Tue 09/03 2:30 PM
Defendant's REPLY to Response to Motion re15 Defendant's MOTION TO DISMISS10 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by City of West Palm Beach. (Carrabis, Andrew) |
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| Monday, September 02, 2024 | ||
| 23 | 23
respm
Reply to Response to Motion
Mon 09/02 10:36 PM
Defendant's REPLY to Response to Motion re14 Defendant's MOTION TO DISMISS10 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Count II with Prejudice Defendant's MOTION to Strike10 Amended Complaint/Amended Notice of Removal Count III with Prejudice filed by Nicholas Lordi. (Stephens, Don) |
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| Tuesday, August 27, 2024 | ||
| 22 | 22
respm
Response in Opposition to Motion
Tue 08/27 7:30 PM
RESPONSE in Opposition re15 Defendant's MOTION TO DISMISS10 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM ,14 Defendant's MOTION TO DISMISS10 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Count II with Prejudice Defendant's MOTION to Strike10 Amended Complaint/Amended Notice of Removal Count III with Prejudice filed by Jamiah Smith. Replies due by 9/3/2024. (Haddad, Christopher) |
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| Tuesday, August 20, 2024 | ||
| 21 | 21
discov
Notice of Filing Discovery
Tue 08/20 6:22 PM
NOTICE of Filing Discovery: joint discovery plan by Jamiah Smith.(Haddad, Christopher) |
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| 20 | 20
adr
Notice of Mediator Selection and/or Hearing
Tue 08/20 6:11 PM
Plaintiff's NOTICE of Mediator Selection. Selected/Added Michael McManus as Mediator. (Haddad, Christopher) |
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| Friday, August 09, 2024 | ||
| 19 | 19
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Fri 08/09 9:18 AM
PAPERLESS ORDER granting18 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff seeks a two-week extension of time, from August 12, 2024, to August 27, 2024, to respond to Defendants' pending Motions to Dismiss (DE14 ; DE15 ). In support, Plaintiff cites that his counsel will be out of the country handling a death penalty investigation during the week his responses are due. I find that Plaintiff has demonstrated good cause for the requested, unopposed extension. Accordingly, I will grant the Motion. Plaintiff's new deadline to respond to both Motions to Dismiss is August 27, 2024. Signed by Judge Donald M. Middlebrooks on 8/9/2024. (mjn) |
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| Thursday, August 08, 2024 | ||
| 18 | 18
motion
Extension of Time to File Response/Reply/Answer
Thu 08/08 3:16 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to15 Defendant's MOTION TO DISMISS10 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM ,14 Defendant's MOTION TO DISMISS10 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Count II with Prejudice Defendant's MOTION to Strike10 Amended Complaint/Amended Notice of Removal Count III with Prejudice by Jamiah Smith.(Haddad, Christopher) |
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Att: 1
Text of Proposed Order
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| Friday, August 02, 2024 | ||
| 17 | 17
order
Scheduling Order Order Referring Case to Mediation
Fri 08/02 12:54 PM
PRETRIAL SCHEDULING ORDERAND ORDER REFERRING CASE TO MEDIATION: ( Amended Pleadings due by 9/5/2024., Discovery due by 12/26/2024., Joinder of Parties due by 9/5/2024., In Limine Motions due by 1/9/2025., Dispositive Motions due by 1/9/2025., Motions due by 1/9/2025., Pretrial Stipulation due by 2/10/2025.), ORDER REFERRING CASE to Mediation. Signed by Magistrate Judge William Matthewman on 8/2/2024. See attached document for full details. (cqs) |
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| 16 | 16
minutes
Scheduling Conference
Fri 08/02 12:03 PM
PAPERLESS Minute Entry for proceedings held before Magistrate Judge William Matthewman: The hearing was held via Zoom Video Teleconference. Scheduling Conference held on 8/2/2024. The Court discussed whether parties would be added, there are motions pending, the trial period, pretrial deadlines, motions to continue, sealing of documents, consent to magistrate judge jurisdiction, mediation or settlement conferences, requirements if a settlement is reached, the local rules, discovery, and good faith conferral. Written scheduling order and order of referral to mediation will be issued. Total time in court: 27 minutes. Attorney Appearance(s): Christopher Alfred Haddad, Andrew Brett Carrabis, Don Stephens. (Digital 11:31:37; 11:36:11) (swr) |
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| Monday, July 29, 2024 | ||
| 15 | 15
motion
Dismiss for Failure to State a Claim
Mon 07/29 7:42 PM
Defendant's MOTION TO DISMISS10 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by City of West Palm Beach. Responses due by 8/12/2024. (Carrabis, Andrew) |
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| 14 | 14
motion
Dismiss for Failure to State a Claim Strike
Mon 07/29 5:32 PM
Defendant's MOTION TO DISMISS10 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM Count II with Prejudice , Defendant's MOTION to Strike10 Amended Complaint/Amended Notice of Removal Count III with Prejudice by Nicholas Lordi. Responses due by 8/12/2024. (Stephens, Don) |
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| Monday, July 22, 2024 | ||
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order
- Order (PAPERLESS or pdf attached) ~Util - Set/Reset Hearings
Mon 07/22 3:42 PM
PAPERLESS ORDER SETTING SCHEDULING CONFERENCE: Scheduling Conference set for 8/2/2024 at 11:30 AM in the West Palm Beach Division before U.S. Magistrate Judge William Matthewman to take place via Zoom Video Teleconference (VTC). Any motions to modify the existing trial date should be filed two (2) business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. To log in through ZoomGov Meeting, use Meeting ID: 160 540 3826 and Passcode: 246129. All counsel shall appear by both audio and video. Because of the expedited nature of the conference, the parties are relieved of Local Rule 16.1(b)'s conference report requirement. Signed by Magistrate Judge William Matthewman on 7/22/2024. (cpe) |
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| Tuesday, July 16, 2024 | ||
| 12 | 12
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 07/16 10:55 AM
PAPERLESS ORDER denying as moot6 Motion to Dismiss for Failure to State a Claim in light of the filing of an Amended Complaint (DE10 ). Signed by Judge Donald M. Middlebrooks on 7/16/2024. (mjn) |
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| 11 | 11
order
Order on Motion to Dismiss for Failure to State a Claim
Tue 07/16 10:52 AM
PAPERLESS ORDER denying as moot5 Motion to Dismiss/Strike in light of the filing of an Amended Complaint (DE10 ). Signed by Judge Donald M. Middlebrooks on 7/16/2024. (mjn) |
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utility
~Util - Add and Terminate Judges
Tue 07/16 10:49 AM
Magistrate Judge William Matthewman added. Per DE#9 (cqs) |
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| Monday, July 15, 2024 | ||
| 10 | 10
cmp
Amended Complaint/Amended Notice of Removal
Mon 07/15 2:48 PM
AMENDED COMPLAINT against Jamiah Smith, filed by Jamiah Smith.(Haddad, Christopher) |
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| 9 | 9
4
pgs
order
Order Referring Case to Magistrate Judge ~Util - Set/Reset Deadlines/Hearings
Mon 07/15 2:16 PM
ORDER REFERRING CASE AND SETTING TRIAL DATE,REFERRING CASE to Magistrate Judge William Matthewman to conduct a Scheduling Conference,., ( Calendar Call set for 3/5/2025 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks., Jury Trial set for 3/10/2025 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks.) Signed by Judge Donald M. Middlebrooks on 7/15/2024. See attached document for full details. (cqs) |
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| Monday, July 01, 2024 | ||
| 8 | 8
order
Order on Motion for Extension of Time to Amend
Mon 07/01 1:38 PM
PAPERLESS ORDER denying without prejudice7 Plaintiff's Unopposed Motion for Extension of Time. Plaintiff is requesting "ten (10) days within which to amend his Complaint." He requests the Court grant this ten-day extension "from the date of this Order." I am going to deny without prejudice the requested relief because the grounds upon which Plaintiff requests such relief are unclear. To begin, a Pretrial Scheduling Order has not yet been entered in this matter. Such an order will set forth the deadline for Plaintiff to amend his pleadings. Additionally, Federal Rule of Civil Procedure 15(a)(1) permits a party to "amend its pleading once as a matter of course within... 21 days after service of a motion under Rule 12(b)." Defendants moved to dismiss Plaintiff's Complaint on June 24, 2024, and June 25, 2024. (DE 5; DE 6). Plaintiff therefore has, as a matter of right and without the need for court intervention, until July 15, 2024, and July 16, 2024, to file an amended complaint. If I were to grant Plaintiff's current Motion, it would require the Plaintiff to submit an amended complaint within ten days of this Order, or by July 11, 2024. I will not grant relief--even if unopposed--that essentially shortens the time Plaintiff has to file an amended complaint. As the Rules of Procedure allow 21 days, Plaintiff has 21 days from the filing of the Motions to Dismiss to amend his current Complaint. If Plaintiff is in fact requesting ten additional days beyond that of the Amended Complaint deadlines, then he should feel free to renew his Motion and specifically articulate the precise remedy he seeks. I caution counsel that motions for extensions of time must be supported by specific facts that demonstrate good cause for the requested extension. Signed by Judge Donald M. Middlebrooks on 7/1/2024. (mjn) |
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| Friday, June 28, 2024 | ||
| 7 | 7
motion
Extension of Time to Amend
Fri 06/28 2:47 PM
Unopposed MOTION for Extension of Time to Amend Complaint by Jamiah Smith. Responses due by 7/12/2024.(Haddad, Christopher) |
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Att: 1
Text of Proposed Order
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| Tuesday, June 25, 2024 | ||
| 6 | 6
motion
Dismiss for Failure to State a Claim
Tue 06/25 6:06 PM
Defendant's MOTION TO DISMISS1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by Nicholas Lordi. Responses due by 7/9/2024. (Stephens, Don) |
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| Monday, June 24, 2024 | ||
| 5 | 5
motion
Dismiss for Failure to State a Claim
Mon 06/24 12:27 PM
Defendant's MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by City of West Palm Beach. Responses due by 7/8/2024. (Carrabis, Andrew) |
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| Friday, June 14, 2024 | ||
| 4 | 4
notice
Notice (Other)
Fri 06/14 5:52 PM
Defendant's NOTICE of Removal by City of West Palm Beach (Carrabis, Andrew) |
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| 3 | 3
order
Clerk's Notice of Docket Correction - ELECTRONIC CASE
Fri 06/14 4:43 PM
Clerk's Notice to Filer re: Electronic Case. No Civil Cover Sheet. Filer is instructed to file a Notice (Other) with the Civil Cover Sheet attached within 24 hours of the notice. (ar24) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Fri 06/14 4:42 PM
Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge William Matthewman 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. (ar24) |
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| 1 | 1
cmp
Notice of Removal (State Court Complaint)
Fri 06/14 4:25 PM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint) Filing fee $ 405.00 receipt number AFLSDC-17609142, filed by City of West Palm Beach.(Carrabis, Andrew) No Answer / Motion to Dismiss filed.Modified on 6/14/2024 (ar24). Modified on 6/14/2024 (ar24) |
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Att: 1
State Court Complaint and Pleadings
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