Cole v. City of Miami Gardens et al
| Florida Southern District Court | |
| Judge: | Roy K Altman |
| Referred: | Eduardo I Sanchez |
| Case #: | 1:24-cv-22688 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jul 15, 2024 |
| Re-opened: | Aug 13, 2024 |
| Terminated: | Aug 09, 2024 |
| Last checked: Thursday Aug 29, 2024 6:00 AM EDT |
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Defendant
City of Miami Gardens
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Represented By
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Defendant
Rodney Harris
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Represented By
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Plaintiff
Basil Cole
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Represented By
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| Docket last updated: 09/06/2024 11:59 PM EDT |
| Thursday, September 05, 2024 | ||
| 30 | 30
1
pgs
order
Order Scheduling Mediation
Thu 09/05 11:44 AM
ORDER Scheduling Mediation before Christopher E. Benjamin. Mediation Hearing set for 12/13/2024 10:00 AM. Signed by Judge Roy K. Altman on 9/4/2024. See attached document for full details. (cds) |
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| Wednesday, September 04, 2024 | ||
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order
Order on Motion for Extension of Time to File Response/Reply/Answer
Wed 09/04 5:10 PM
PAPERLESS ORDER granting 28 the Plaintiff's Unopposed Motion for Extension of Time. The Plaintiff shall respond to24 the Defendants' Motion to Dismiss by September 23, 2024 . Signed by Judge Roy K. Altman on 9/4/2024. (rco) |
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| 28 | 28
motion
Extension of Time to File Response/Reply/Answer
Wed 09/04 4:36 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to24 Defendant's MOTION to Dismiss20 Amended Complaint/Amended Notice of Removal and Incorporated Memorandum of Law by Basil Cole. (Pierre, Faudlin) |
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| 27 | 27
adr
Notice of Mediator Selection and/or Hearing
Wed 09/04 4:34 PM
Joint NOTICE of Mediation Hearing. Mediation Hearing set for 12/13/2024 at 10:00 A.M.. (Pierre, Faudlin) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Thu 09/05 8:52 AM
Set Deadlines per DE 29 as to24 Motion. Response due by 9/23/2024. (kpe) |
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| Friday, August 30, 2024 | ||
| 26 | 26
order
Clerk's Appointment of Mediator
Fri 08/30 4:07 PM
Clerk's Appointment of Mediator: Christopher E. Benjamin added (nwn) |
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| 25 | 25
adr
Request for Clerk to Appoint Mediator
Fri 08/30 3:27 PM
Request for Clerk to Appoint Mediator(Pierre, Faudlin) |
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| Monday, August 26, 2024 | ||
| 24 | 24
motion
Dismiss
Mon 08/26 10:58 AM
Defendant's MOTION to Dismiss20 Amended Complaint/Amended Notice of Removal and Incorporated Memorandum of Law by City of Miami Gardens, Rodney Harris. Responses due by 9/9/2024. (Gill, Hudson) |
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| Monday, August 19, 2024 | ||
| 23 | 23
order
Scheduling Order Order Referring Case to Mediation Order Referring Case to Magistrate Judge
Mon 08/19 11:33 AM
SCHEDULING ORDER: ( Jury Trial set for 8/11/2025 in Miami Division before Judge Roy K. Altman., Calendar Call set for 8/5/2025 01:45 PM in Miami Division before Judge Roy K. Altman.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Eduardo I. Sanchez for Pretrial Non-Dispositive and Discovery Matters. Signed by Judge Roy K. Altman on 8/17/2024. See attached document for full details. (nwn) |
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| Wednesday, August 14, 2024 | ||
| 22 | 22
misc
Scheduling Report - Rule 26(f)/16.1
Wed 08/14 4:39 PM
Joint SCHEDULING REPORT - Rule 16.1 by City of Miami Gardens, Rodney Harris(Gill, Hudson) |
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Att: 1
Text of Proposed Order Proposed Scheduling Order
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| 21 | 21
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 08/14 8:11 AM
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Basil Cole (Pierre, Faudlin) |
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| 20 | 20
cmp
Amended Complaint/Amended Notice of Removal
Wed 08/14 8:08 AM
AMENDED COMPLAINT against All Defendants, filed by Basil Cole.(Pierre, Faudlin) |
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| Tuesday, August 13, 2024 | ||
| 19 | 19
order
Order on Motion to Set Aside
Tue 08/13 10:52 AM
PAPERLESS ORDER granting in part 18 the Plaintiff's Motion to Reopen. The Clerk shall REOPEN this case. The Plaintiff shall file his amended complaint by August 16, 2024 . The parties shall file their joint scheduling report by August 19, 2024 . Signed by Judge Roy K. Altman on 8/13/2024. (rco) |
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| 18 | 18
motion
Set Aside
Tue 08/13 5:29 AM
MOTION to Set Aside13 Order Dismissing/Closing Case by Basil Cole.(Pierre, Faudlin) |
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Att: 1
Exhibit of Email Chain,
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Att: 2
Exhibit of Text Message
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utility
Case Reopened ~Util - Set/Reset Deadlines/Hearings
Tue 08/13 10:58 AM
Case Reopened, ( Amended Complaint due by 8/16/2024., Joint Scheduling Report due by 8/19/2024) PER DE#19 (cds) |
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| Monday, August 12, 2024 | ||
| 17 | 17
order
Order Striking
Mon 08/12 11:00 AM
PAPERLESS ORDER STRIKING 14 Proof of Service as to Rodney Harris,15 Proof of Service as to the City of Miami Gardens, and16 the Plaintiff's Certificate of Interested Parties. On August 9, 2024, we dismissed this case without prejudice because the Plaintiff failed to comply with Court orders. See 13 Order of Dismissal at 2 ("Because the Plaintiff has failed to comply with our orders?and because [h]e's forced the Defendants to wait indefinitely for [him] to appear?we now exercise our 'authority to enforce [our] orders and [e]nsure prompt disposition of lawsuits,' and dismiss this action." (cleaned up) (first quoting Goforth v. Owens , 766 F.2d 1533, 1535 (11th Cir. 1985); and then citing Ryan v. Allstate Ins. Co. , 2020 WL 7353898, at *4 (S.D. Fla. Dec. 15, 2020) (Altman, J.))). This case shall remain CLOSED . Signed by Judge Roy K. Altman on 8/12/2024. (rco) |
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| Saturday, August 10, 2024 | ||
| 16 | 16
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Sat 08/10 3:31 AM
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Basil Cole (Pierre, Faudlin) |
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| 15 | 15
service
Summons (Affidavit) Returned Executed
Sat 08/10 3:29 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint 42 USC 1983 or Bivens with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Basil Cole. City of Miami Gardens served on 7/23/2024, response/answer due 8/13/2024. (Pierre, Faudlin) |
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| 14 | 14
service
Summons (Affidavit) Returned Executed
Sat 08/10 3:27 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint 42 USC 1983 or Bivens with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Basil Cole. Rodney Harris served on 7/23/2024, response/answer due 8/13/2024. (Pierre, Faudlin) |
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| Friday, August 09, 2024 | ||
| 13 | 13
2
pgs
order
Order Dismissing/Closing Case or Party
Fri 08/09 2:36 PM
ORDER Dismissing Case / Closing Case. This case is DISMISSED without prejudice for failure to comply with Court orders. Signed by Judge Roy K. Altman on 8/9/2024. See attached document for full details. (nwn) |
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| 12 | 12
motion
Extension of Time
Fri 08/09 10:12 AM
Unopposed MOTION for Extension of Time to File Joint Scheduling Report re10 Order Requiring Joint Scheduling Report, by City of Miami Gardens, Rodney Harris. Responses due by 8/23/2024. (Gill, Hudson) |
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| 11 | 11
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 08/09 10:09 AM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by City of Miami Gardens (Gill, Hudson) |
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| Wednesday, July 31, 2024 | ||
| 10 | 10
2
pgs
order
Order Requiring Joint Scheduling Report
Wed 07/31 11:50 AM
Order Requiring Joint Scheduling Report. We hereby ORDER the Plaintiff to serve the Defendants and file proof of service on the docket by August 5, 2024. Joint Scheduling Report due by 8/9/2024 Signed by Judge Roy K. Altman on 7/30/2024. See attached document for full details. (nwn) |
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| Tuesday, July 30, 2024 | ||
| 9 | 9
notice
Notice of Attorney Appearance
Tue 07/30 11:44 AM
NOTICE of Attorney Appearance by Christopher J. Stearns, Jr on behalf of City of Miami Gardens, Rodney Harris. Attorney Christopher J. Stearns, Jr added to party City of Miami Gardens(pty:dft), Attorney Christopher J. Stearns, Jr added to party Rodney Harris(pty:dft). (Stearns, Christopher) |
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| 8 | 8
notice
Notice of Attorney Appearance
Tue 07/30 11:40 AM
NOTICE of Attorney Appearance by Hudson Carter Gill on behalf of City of Miami Gardens, Rodney Harris. Attorney Hudson Carter Gill added to party City of Miami Gardens(pty:dft), Attorney Hudson Carter Gill added to party Rodney Harris(pty:dft). (Gill, Hudson) |
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| Tuesday, July 16, 2024 | ||
| 7 | 7
service
Summons Issued
Tue 07/16 12:09 PM
Summons Issued as to Rodney Harris. (nwn) |
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| 6 | 6
notice
Notice of Filing Proposed Summons(es)
Tue 07/16 11:32 AM
NOTICE of Filing Proposed Summons(es) by Basil Cole re 4 Clerk's Notice to Filer re: Electronic Case, Summons(es) (Pierre, Faudlin) |
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Att: 1
Summon(s)
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| Monday, July 15, 2024 | ||
| 5 | 5
order
- Order (PAPERLESS or pdf attached)
Mon 07/15 4:20 PM
ORDER IN CASES WITH MULTIPLE DEFENDANTS. Signed by Judge Roy K. Altman on 7/15/2024. See attached document for full details. (nwn) |
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| 4 | 4
order
Clerk's Notice to Filer - ELECTRONIC CASE, SUMMONS(ES)
Mon 07/15 1:40 PM
Clerk's Notice to Filer re: Summons(es) will not be issued. The party(ies) on the summons(es) does not match the initiating documents. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (jua) |
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| 3 | 3
service
Summons Issued
Mon 07/15 1:39 PM
Summons Issued as to City of Miami Gardens. (jua) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Mon 07/15 1:35 PM
Clerks Notice of Judge Assignment to Judge Roy K. Altman. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Eduardo I. Sanchez 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. (jua) |
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| 1 | 1
cmp
Complaint 42 USC 1983 or Bivens
Mon 07/15 12:45 PM
Complaint pursuant to 42 USC 1983 against All Defendants. Filing fee $ 405.00 receipt number AFLSDC-17677421, filed by Basil Cole.(Pierre, Faudlin) |
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Att: 1
Summon(s),
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Att: 2
Civil Cover Sheet
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