Hovsepian v. MIAMI-DADE COUNTY SCHOOL BOARD

Florida Southern District Court
Judge:Rodolfo A Ruiz, II
Referred: Lauren Fleischer Louis
Case #: 1:24-cv-22689
Nature of Suit446 Civil Rights - Amer w/Disabilities - Other
Cause05:7703 Discrimination - Review of Agency Act
Case Filed:Jul 15, 2024
Last checked: Thursday Aug 29, 2024 6:01 AM EDT
Defendant
MIAMI-DADE COUNTY SCHOOL BOARD
The School Board Attorney's Office 1450 N.E. 2nd Avenue, Suite 430
Miami, FL 33132
Represented By
Michele Lara Jones
Miami-Dade County School Board
contact info
Mediator
Esquire Peter Abraham
Biscayne Mediation 19 West Flager Street Suite 602
Miami, FL 33130
Plaintiff
Rick Hovsepian
Represented By
Jason Lewis Harr
The Harr Law Firm
contact info


Docket last updated: 09/06/2024 11:59 PM EDT
Wednesday, September 04, 2024
25 25 order - Order (PAPERLESS or pdf attached) Wed 09/04 11:04 AM
PAPERLESS ORDER on24 Defendant's Motion to Dismiss Amended Complaint ("Motion"). Given that it appears Plaintiff has not substantively amended the original Complaint, the Motion renews its argument that the Amended Complaint fails to state a plausible claim of "any indifference on the School Board's part" where there are "no facts whatsoever" to support the elements of the Americans with Disabilities Act claim and Rehabilitation Act claims. Mot. at 4-8. Without expressing any views as to the Motion's merits, the Court again reminds Plaintiff he may cure the purported pleading defects by filing an amended complaint pursuant to Fed. R. Civ. P. 15(a)(1)(B). Accordingly, Plaintiff is ORDERED to either further amend the Amended Complaint on or before September 17, 2024 , or respond to the Motion on or before September 13, 2024 . Should Plaintiff wish to avail himself of the opportunity to further amend the Amended Complaint, he shall file a notice on or before September 13, 2024 , indicating his intent. Signed by Judge Rodolfo A. Ruiz, II on 9/4/2024. (agh)
Related: [-]
Friday, August 30, 2024
24 24 motion Dismiss Fri 08/30 11:37 AM
Defendant's MOTION to Dismiss with Prejudice20 Amended Complaint/Amended Notice of Removal by MIAMI-DADE COUNTY SCHOOL BOARD. Responses due by 9/13/2024.(Jones, Michele)
Related: [-]
Att: 1 Exhibit
Wednesday, August 28, 2024
23 23 1 pgs order Order Scheduling Mediation Thu 08/29 7:56 AM
ORDER Scheduling Mediation before Peter Abraham, Esq Mediation Hearing set for 2/5/2025 09:00 AM Signed by Judge Rodolfo A. Ruiz, II on 8/28/2024. See attached document for full details. (cqs)
Related: [-]
Tuesday, August 27, 2024
22 22 adr Notice of Mediator Selection and/or Hearing Tue 08/27 11:52 AM
First NOTICE of Mediator Selection and Hearing. Selected/Added Peter Abraham as Mediator. Mediation Hearing set for 2/5/2025 at 9:00. (Harr, Jason)
Related: [-]
Tuesday, August 20, 2024
21 21 order Order on Motion to Dismiss for Failure to State a Claim Tue 08/20 10:16 AM
PAPERLESS ORDER denying as moot Defendant's Motion to Dismiss,18 . Sua sponte review of the docket indicates that Plaintiff has filed an Amended Complaint,20 . Accordingly, Defendant's Motion to Dismiss,18 , is DENIED AS MOOT . In accordance with Fed. R. Civ. P. 15(a)(3), Defendant shall file a response to Plaintiff's Amended Complaint on or before September 3, 2024. Signed by Judge Rodolfo A. Ruiz, II on 8/20/2024. (agh)
Related: [-]
20 20 cmp Amended Complaint/Amended Notice of Removal Tue 08/20 9:14 AM
First AMENDED COMPLAINT as next of kin and on behalf of L.H., a minor, against MIAMI-DADE COUNTY SCHOOL BOARD, filed by Rick Hovsepian.(Harr, Jason)
Related: [-]
utility ~Util - Set/Reset Deadlines/Hearings Tue 08/20 10:24 AM
Reset Deadlines Per DE#21. Responses due by 9/3/2024. (cqs)
Related: [-]
Thursday, August 15, 2024
utility ~Util - Set/Reset Deadlines/Hearings Thu 08/15 8:09 AM
Reset Deadlines Per DE#19. Amended Complaint due by 8/30/2024. Responses due by 8/28/2024. (cqs)
Related: [-]
Wednesday, August 14, 2024
19 19 order - Order (PAPERLESS or pdf attached) Wed 08/14 5:14 PM
PAPERLESS ORDER on18 Defendant's Motion to Dismiss ("Motion"). The Motion argues that the Complaint incorrectly names Defendant and fails to allege facts sufficient to show deliberate indifference or support the elements of the Americans with Disabilities Act claim and Rehabilitation Act claims. Mot. at 4-8. Without expressing any views as to the Motion's merits, the Court reminds Plaintiff he may cure the purported pleading defects by filing an amended complaint pursuant to Fed. R. Civ. P. 15(a)(1)(B). Accordingly, Plaintiff is ORDERED to either amend the Complaint on or before August 30, 2024, or respond to the Motion on or before August 28, 2024. Should Plaintiff wish to avail himself of the opportunity to amend the Complaint, he shall file a notice on or before August 28, 2024, indicating his intent. Signed by Judge Rodolfo A. Ruiz, II on 8/14/2024. (agh)
Related: [-]
18 18 motion Dismiss for Failure to State a Claim Wed 08/14 4:24 PM
First MOTION TO DISMISS1 Complaint FOR FAILURE TO STATE A CLAIM AND FAILURE TO PROPERLY NAME THE DEFENDANT by MIAMI-DADE COUNTY SCHOOL BOARD. Responses due by 8/28/2024.(Jones, Michele)
Related: [-]
Att: 1 Exhibit 504 Plan
Tuesday, August 13, 2024
17 17 misc Certificate of Other Affiliates/Corporate Disclosure Statement Tue 08/13 10:19 AM
First Certificate of Other Affiliates/Corporate Disclosure Statement by MIAMI-DADE COUNTY SCHOOL BOARD identifying Other Affiliate Kimberly Montgomery, Other Affiliate Michele Jones, Other Affiliate Jose Dotres, Other Affiliate The School Board Miami Dade County, FL, Other Affiliate Walter J. Harvey for MIAMI-DADE COUNTY SCHOOL BOARD (Jones, Michele)
Related: [-]
Monday, August 05, 2024
16 16 order Scheduling Order Order Referring Case to Magistrate Judge Order Referring Case to Mediation Tue 08/06 8:46 AM
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: ( Jury Trial set for 6/16/2025 in Miami Division before Judge Rodolfo A. Ruiz II., Calendar Call set for 6/10/2025 11:00 AM in Miami Division before Judge Rodolfo A. Ruiz II., Amended Pleadings due by 9/16/2024., Discovery due by 2/19/2025., Expert Discovery due by 2/19/2025., Joinder of Parties due by 9/16/2024., Mediation Deadline 2/26/2025., In Limine Motions due by 4/1/2025., Dispositive Motions due by 3/4/2025., Motions due by 3/4/2025., Pretrial Stipulation due by 4/1/2025.), ORDER REFERRING CASE to Magistrate Judge Lauren Fleischer Louis for Discovery Matters., ORDER REFERRING CASE to Mediation. Signed by Judge Rodolfo A. Ruiz, II on 8/5/2024. See attached document for full details. (cds)
Related: [-]
15 15 misc Scheduling Report - Rule 26(f)/16.1 Mon 08/05 12:34 PM
Joint SCHEDULING REPORT - Rule 26(f) by MIAMI-DADE COUNTY SCHOOL BOARD (Jones, Michele)
Related: [-]
Wednesday, July 31, 2024
14 14 notice Notice of Striking Wed 07/31 2:03 PM
NOTICE of Striking9 Certificate of Service filed by Rick Hovsepian,10 Certificate of Service filed by Rick Hovsepian, 11 Clerk's Notice of Docket Correction and Instruction to Filer - Attorney Notice of Striking Docket Entry by Rick Hovsepian (Harr, Jason)
Related: [-]
Tuesday, July 30, 2024
13 13 notice Clerk's Notice of Docket Correction and Instruction to Filer - Attorney Tue 07/30 12:56 PM
Clerk's Notice to Filer re10 Certificate of Service. Wrong Event Selected ; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see 12 Summons Returned Executed. It is not necessary to refile this document. (kpe)
Related: [-]
12 12 service Summons (Affidavit) Returned Executed Tue 07/30 12:54 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Rick Hovsepian. MIAMI-DADE COUNTY SCHOOL BOARD served on 7/24/2024, response/answer due 8/14/2024. See DE10 for image. (kpe)
Related: [-]
11 11 notice Clerk's Notice of Docket Correction and Instruction to Filer - Attorney Tue 07/30 12:04 PM
Clerk's Notice to Filer re9 Certificate of Service. Incorrect Document Filed ; ERROR - The filed document is not related to docket entry. Filer must file a Notice of Striking. (kpe)
Related: [-]
10 10 service Certificate of Service Tue 07/30 10:36 AM
CERTIFICATE OF SERVICE by Rick Hovsepian re 8 Order,,(Harr, Jason)
Related: [-]
Att: 1 Exhibit Proof of Service (Executed)
Monday, July 29, 2024
9 9 service Certificate of Service Mon 07/29 3:03 PM
CERTIFICATE OF SERVICE by Rick Hovsepian as next of kin and on behalf of L.H., a minor, (Harr, Jason)
Related: [-]
8 8 order - Order (PAPERLESS or pdf attached) Mon 07/29 2:29 PM
PAPERLESS ORDER directing parties to file Proof of Service, if available, or otherwise inform the Court as to the date Defendant was served with process for clarity of the record. On July 24, 2024, counsel noticed an appearance on behalf of Defendant. See ECF No.5 ("Notice"). However, to date, no Proof of Service has been filed on the public docket, and the Notice is silent as to the date of service. Accordingly, the parties are instructed to file Proof of Service, if available, or otherwise inform the Court as to the date Defendant was served with process on or before August 1, 2024 . Signed by Judge Rodolfo A. Ruiz, II on 7/29/2024. (agh)
Related: [-]
7 7 misc Certificate of Other Affiliates/Corporate Disclosure Statement Mon 07/29 1:45 PM
Plaintiff's Certificate of Other Affiliates by Rick Hovsepian(Harr, Jason)
Related: [-]
Att: 1 Docket Sheet Order
Thursday, July 25, 2024
6 6 1 pgs order Order Requiring Joint Scheduling Report Thu 07/25 10:38 AM
ORDER REQUIRING JOINT SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES Joint Scheduling Report due by 8/13/2024 Signed by Judge Rodolfo A. Ruiz, II on 7/24/2024. See attached document for full details. (cqs)
Related: [-]
Wednesday, July 24, 2024
5 5 notice Notice of Attorney Appearance Wed 07/24 1:28 PM
NOTICE of Attorney Appearance by Michele Lara Jones on behalf of MIAMI-DADE COUNTY SCHOOL BOARD. Attorney Michele Lara Jones added to party MIAMI-DADE COUNTY SCHOOL BOARD(pty:dft). (Jones, Michele)
Related: [-]
Tuesday, July 16, 2024
4 4 notice Notice of Attorney Appearance Tue 07/16 11:57 AM
NOTICE of Attorney Appearance by Jason Lewis Harr on behalf of Rick Hovsepian (Harr, Jason)
Related: [-]
Monday, July 15, 2024
3 3 service Summons Issued Mon 07/15 2:11 PM
Summons Issued as to MIAMI-DADE COUNTY SCHOOL BOARD. (ar24)
Related: [-]
2 2 order Clerk's Notice of Judge Assignment and Optional Consent Mon 07/15 2:08 PM
Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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)
Related: [-]
1 1 cmp Complaint Mon 07/15 1:33 PM
COMPLAINT against MIAMI-DADE COUNTY SCHOOL BOARD. Filing fees $ 405.00 receipt number AFLSDC-17677628, filed by Rick Hovsepian.(Harr, Jason)
Related: [-]
Att: 1 Civil Cover Sheet,
Att: 2 Summon(s)