BARUS v. City of Jacksonville et al

Florida Middle District Court
Judge:Marcia Morales Howard
Referred: Samuel J Horovitz
Case #: 3:24-cv-01358
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1331 Fed. Question: Civil Rights Violation
Case Filed:Dec 27, 2024
Last checked: Monday Feb 10, 2025 3:54 AM EST
Defendant
City of Jacksonville
Defendant
Karl Lampkin
City of Jacksonville Sheriff Deputy, in his individual capacity 501 E Bay Street
Jacksonville, FL 32202
Plaintiff
Kimberly Barus
3504 Rockwood Drive
Jacksonville, FL 32254
Represented By
Denese Venza
Venza Law, PLLC
contact info
Marcy LaHart
Marcy I. Lahart, PA
contact info


Docket last updated: 5 hours ago
Wednesday, April 30, 2025
37 37 order Order on Motion for Extension of Time to File Wed 04/30 12:24 PM
ENDORSED ORDER denying without prejudice 36 Plaintiff's Unopposed Motion for Extension of Time to Respond to Defendants' Affirmative Defenses. Under the Federal Rules of Civil Procedure, "a reply to an answer" is an allowed pleading, but only "if the court orders one[.]" Fed. R. Civ. P. 7(a)(7). In the present case, the Court has not ordered Plaintiff to file a reply. Any renewed motion must be filed by no later than May 7, 2025, and must clarify the basis for and nature of any intended response to the affirmative defenses. Signed by Magistrate Judge Samuel J. Horovitz on 4/30/2025. (JLW)
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Tuesday, April 29, 2025
36 36 motion Extension of Time to File Tue 04/29 10:01 AM
MOTION for Extension of Time to File Response to Affirmative Defenses by All Plaintiffs. (Venza, Denese)
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Monday, April 28, 2025
35 35 order Case Management Scheduling Order Mon 04/28 4:18 PM
CASE MANAGEMENT AND SCHEDULING ORDER AND REFERRAL TO MEDIATION: Amended Pleadings due by 9/30/2025. Joinder of Parties due by 9/30/2025. Notice regarding mediator and mediation date due by 3/13/2026. Discovery due by 4/21/2026. Dispositive motions due by 6/1/2026. Conduct mediation hearing by 6/15/2026. All other motions due by 9/28/2026. Pretrial statement due by 10/13/2026. Final Pretrial Conference set for 10/19/2026 at 10:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Jury Trial set for trial term commencing on 11/2/2026 at 09:00 AM in Jacksonville Courtroom 10 B before Judge Marcia Morales Howard. Signed by Judge Marcia Morales Howard on 4/28/2025. (JW)
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Friday, April 25, 2025
34 34 misc Case Management Report Fri 04/25 11:37 AM
CASE MANAGEMENT REPORT. (Venza, Denese)
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Friday, April 18, 2025
33 33 order Order on Motion for Leave to File Document Fri 04/18 1:06 PM
ENDORSED ORDER granting 32 Parties' Joint Showing of Good Cause and Motion for Leave to File Case Management Report and discharging 31 Order to Show Cause. The parties shall have up to and including April 25, 2025, to file a Case Management Report on the form required by this Court. Signed by Judge Marcia Morales Howard on 4/18/2025. (JW)
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Thursday, April 17, 2025
32 32 motion Leave to File Document Thu 04/17 4:22 PM
Motion for Leave to File Case Management Report and RESPONSE TO ORDER TO SHOW CAUSE re31 Order to show cause filed by Kimberly Barus. (Venza, Denese) Modified on 4/18/2025 as to event and docket text (ARL)
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Wednesday, April 09, 2025
31 31 2 pgs order Order to show cause Wed 04/09 3:14 PM
ORDER to show cause why this case should not be dismissed or sanctions imposed due to the parties' failure to file a Case Management Report. Show Cause Response due by 4/23/2025. Signed by Judge Marcia Morales Howard on 4/9/2025. (JW)
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30 30 answer Answer to amended complaint Wed 04/09 3:08 PM
The City of Jacksonville's ANSWER and affirmative defenses with Jury Demand to 28 Amended Complaint by City of Jacksonville.(Bueker, Paul)
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29 29 answer Answer to amended complaint Wed 04/09 1:38 PM
ANSWER and affirmative defenses with Jury Demand to 28 Amended Complaint by Karl Lampkin.(Harrell, Sonya)
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Wednesday, March 26, 2025
28 28 cmp Amended Complaint Wed 03/26 1:08 PM
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Kimberly Barus.(LaHart, Marcy)
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27 27 order Order on Motion for Extension of Time to File Wed 03/26 10:57 AM
ENDORSED ORDER granting 26 Plaintiff's Unopposed Motion for Extension of Time to File Second Amended Complaint and Incorporated Memorandum of Law. Plaintiff shall file her second amended complaint [22-1] as a standalone document by no later than April 2, 2025. Signed by Magistrate Judge Samuel J. Horovitz on 3/26/2025. (JLW)
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Tuesday, March 25, 2025
26 26 motion Extension of Time to File Tue 03/25 7:40 PM
MOTION for Extension of Time to File Second Amended Complaint by Kimberly Barus. (LaHart, Marcy)
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Tuesday, March 11, 2025
25 25 order Order on Motion to Amend / Correct / Modify / Supplement Tue 03/11 11:38 AM
ENDORSED ORDER granting 22 Plaintiff's Unopposed Motion for Leave to Amend Complaint and Incorporated Memorandum of Law. Plaintiff shall file her second amended complaint [22-1] as a standalone document by no later than March 18, 2025. Signed by Magistrate Judge Samuel J. Horovitz on 3/11/2025. (JLW)
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24 24 notice Notice to Counsel of Local Rule Tue 03/11 9:01 AM
NOTICE TO COUNSEL Marcy LaHart 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. (Signed by Deputy Clerk). (JOS)
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Monday, March 10, 2025
23 23 notice Notice of change of address Mon 03/10 10:34 PM
NOTICE of change of address by Marcy LaHart (LaHart, Marcy)
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22 22 motion Amend / Correct / Modify / Supplement Mon 03/10 10:32 PM
MOTION to Amend9 Amended Complaint by Kimberly Barus.(LaHart, Marcy)
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Att: 1 Exhibit Proposed Amended Complaint
Monday, February 24, 2025
21 21 misc Disclosure Statement - LR 3.03 and FRCP 7.1 Mon 02/24 4:35 PM
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Karl Lampkin. (Harrell, Sonya)
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20 20 misc Disclosure Statement - LR 3.03 and FRCP 7.1 Mon 02/24 4:25 PM
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Kimberly Barus. (Venza, Denese)
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19 19 answer Answer to amended complaint Mon 02/24 1:01 PM
ANSWER and affirmative defenses with Jury Demand to 9 Amended Complaint by Karl Lampkin.(Harrell, Sonya)
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Thursday, February 20, 2025
18 18 order Order on Motion for Extension of Time to Answer Thu 02/20 2:48 PM
ENDORSED ORDER granting 16 Defendant the City's Unopposed Motion for Enlargement of Time to Respond to the Plaintiff's Amended Complaint. Defendant the City of Jacksonville shall have up to and including March 12, 2025, to respond to Plaintiff's 9 Amended Complaint. Signed by Magistrate Judge Samuel J. Horovitz on 2/20/2025. (JLW)
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Wednesday, February 19, 2025
17 17 motion Disclosure Wed 02/19 2:39 PM
MOTION for Disclosure by City of Jacksonville. (Bueker, Paul)
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16 16 motion Extension of Time to File Answer / Respond to Complaint Wed 02/19 11:36 AM
UNOPPOSED MOTION for Enlargement of Time to Respond to the Plaintiff's Amended Complaint by City of Jacksonville. (Bueker, Paul) Motions referred to Magistrate Judge Samuel J. Horovitz. Modified on 2/19/2025 to edit docket text (JDR)
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15 15 notice Notice of appearance Wed 02/19 11:31 AM
NOTICE of Appearance of Lead Counsel by Paul E. Bueker on behalf of City of Jacksonville (Bueker, Paul) Modified on 2/19/2025 to edit docket text (JDR)
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Friday, February 07, 2025
14 14 service Proof of service Fri 02/07 9:20 PM
PROOF of service by Kimberly Barus (LaHart, Marcy)
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13 13 service Proof of service Fri 02/07 9:19 PM
PROOF of service by Kimberly Barus (LaHart, Marcy)
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Thursday, January 16, 2025
12 12 service Summons reissued Thu 01/16 8:11 AM
SUMMONS reissued as to City of Jacksonville, Karl Lampkin. (JK)
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Wednesday, January 15, 2025
11 11 service Proposed summons Wed 01/15 12:44 PM
PROPOSED summons to be issued by Kimberly Barus. (LaHart, Marcy)
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10 10 service Proposed summons Wed 01/15 12:43 PM
PROPOSED summons to be issued by City of Jacksonville. (LaHart, Marcy)
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9 9 cmp Amended Complaint Wed 01/15 12:41 PM
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Kimberly Barus.(LaHart, Marcy)
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Tuesday, January 07, 2025
8 8 notice Notice of Lead Counsel Designation Tue 01/07 1:11 PM
NOTICE of Lead Counsel Designation by Marcy LaHart on behalf of Kimberly Barus. Lead Counsel: Marcy LaHart. (LaHart, Marcy)
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Thursday, January 02, 2025
7 7 notice Notice of appearance Thu 01/02 2:02 PM
NOTICE of Appearance by Denese Venza on behalf of Kimberly Barus (Venza, Denese)
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Tuesday, December 31, 2024
6 6 notice Notice to Counsel of Local Rule Tue 12/31 10:00 AM
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). (JW)
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Monday, December 30, 2024
5 5 service Summons issued Mon 12/30 10:14 AM
SUMMONS issued as to City of Jacksonville, Karl Lampkin. (BD)
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4 4 utility Case Assigned/Reassigned Mon 12/30 8:13 AM
NEW CASE ASSIGNED to Judge Marcia Morales Howard and Magistrate Judge Samuel J. Horovitz. New case number: 3:24-cv-1358-MMH-SJH. (ARL)
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Friday, December 27, 2024
3 3 cmp Complaint Fri 12/27 4:59 PM
COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-22860243) filed by KIMBERLY BARUS.(LaHart, Marcy)
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Att: 1 Civil Cover Sheet
2 2 service Proposed summons Fri 12/27 4:53 PM
PROPOSED summons to be issued by KIMBERLY BARUS. (LaHart, Marcy)
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1 1 service Proposed summons Fri 12/27 4:52 PM
PROPOSED summons to be issued by KIMBERLY BARUS. (LaHart, Marcy)
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