Malcolm v. City of Miami-Dade County et al
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Marty Fulgueira Elfenbein |
| Case #: | 1:24-cv-22769 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1983 Civil Rights |
| Case Filed: | Jul 18, 2024 |
| Terminated: | Sep 04, 2024 |
| Last checked: Sunday Sep 01, 2024 5:49 AM EDT |
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Defendant
City of Miami-Dade County
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Defendant
Juan Fernandez-Barquin
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Defendant
Katherine Fernandez- Rundle
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Plaintiff
Richard Ralph Malcolm
P.O. Box 278204
Miramar, FL 33027 |
GPO
Aug 16 2024
REPORT AND RECOMMENDATIONS, Recommending Dismissing With Prejudice DE#1 and Denying as moot DE#4 Objections to R&R due by 8/30/2024 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/16/2024. See attached document for full details. (cqs) |
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GPO
Sep 04 2024
ORDER Adopting 8 Report and Recommendations. Closing Case. Signed by Judge K. Michael Moore on 9/4/2024. See attached document for full details. (sdu) |
| Docket last updated: 09/06/2024 11:59 PM EDT |
| Wednesday, September 04, 2024 | ||
| 9 | 9
2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis Order on Report and Recommendations
Wed 09/04 11:55 AM
ORDER Adopting8 Report and Recommendations. Closing Case. Signed by Judge K. Michael Moore on 9/4/2024. See attached document for full details. (sdu) |
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| Friday, August 16, 2024 | ||
| 8 | 8
motion
Report and Recommendations
Mon 08/19 6:50 AM
REPORT AND RECOMMENDATIONS, Recommending Dismissing With Prejudice DE#1 and Denying as moot DE#4 Objections to R&R due by 8/30/2024 Signed by Magistrate Judge Marty Fulgueira Elfenbein on 8/16/2024. See attached document for full details. (cqs) |
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| Monday, July 22, 2024 | ||
| 7 | 7
order
Order Referring Case to Magistrate Judge
Mon 07/22 9:15 AM
PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 7/22/2024. (sdu) |
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order
Pretrial Order
Mon 07/22 9:14 AM
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. 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 no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. 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 possibilities for 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. 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 7/22/2024. (sdu) |
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| Friday, July 19, 2024 | ||
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notice
Clerk's Notice of Docket Correction - Chambers and Clerks
Fri 07/19 4:20 PM
Clerk's Notice of Docket Correction re 2 Clerks Notice of Judge Assignment. Filed in error . (jas) |
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| Thursday, July 18, 2024 | ||
| 4 | 4
motion
Proceed In Forma Pauperis
Fri 07/19 4:08 PM
MOTION for Leave to Proceed in forma pauperis by Richard Ralph Malcolm. (jas) |
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| 3 | 3
order
Clerk's Notice of Judge Assignment and Optional Consent
Fri 07/19 4:06 PM
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. (jas) |
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| 1 | 1
cmp
Complaint 42 USC 1983 or Bivens
Fri 07/19 3:52 PM
Complaint pursuant to 42 USC 1983 against City of Miami-Dade County, Juan Fernandez-Barquin, Katherine Fernandez- Rundle. Filing fee $405.00. IFP Filed, filed by Richard Ralph Malcolm. (jas) |
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