Cannon v. City of Port St. Lucie et al

Florida Southern District Court
Judge:Aileen M Cannon
Case #: 2:24-cv-14235
Nature of Suit440 Civil Rights - Other Civil Rights
Cause28:1443cv Notice of Removal - Civil Rights Cases
Case Filed:Jul 23, 2024
Last checked: Saturday Sep 07, 2024 5:19 AM EDT
Defendant
Dayana Cannon
Defendant
City of Port St. Lucie
Represented By
Donovan Adam Roper
Roper , Roper PA
contact info
Defendant
Thomas Nichols
individually 121 SW Port St. Lucie Blvd Building C
Port St. Lucie, FL 34984
Represented By
Donovan Adam Roper
Roper , Roper PA
contact info
Plaintiff
Eddie M. Cannon
Represented By
Yvette J Harrell
Navarro Mckown
contact info
TERMINATED PARTIES
Defendant
City of Port St. Lucie Police Department
Terminated: 08/13/2024
Represented By
Donovan Adam Roper
Roper , Roper PA
contact info


Docket last updated: 09/06/2024 11:59 PM EDT
Friday, September 06, 2024
27 27 motion Leave to File Document Fri 09/06 10:20 AM
Amended MOTION for Leave to File Exceed Page Limit for Motion to Dismiss Plaintiff's Second Amended Complaint by City of Port St. Lucie. (Roper, Donovan)
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Thursday, September 05, 2024
26 26 motion Leave to File Document Thu 09/05 2:36 PM
MOTION for Leave to File Exceed Page Limit for Motion to Dismiss Plaintiff's Second Amended Complaint by City of Port St. Lucie. (Roper, Donovan)
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Tuesday, September 03, 2024
25 25 notice Clerk's Notice of Docket Correction and Instruction to Filer - Attorney Wed 09/04 9:26 AM
Clerk's Notice to Filer re23 Summons Returned Executed,. Incorrect Service Date Entered ; ERROR - The incorrect service date was entered. The correction was made by the Clerk and filing was re-docketed, see [de 24 ]. It is not necessary to refile this document. (wce)
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24 24 service Summons (Affidavit) Returned Executed Wed 09/04 9:25 AM
SUMMONS (Affidavit) Returned Executed on11 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Thomas Nichols. Thomas Nichols served on 8/27/2024, response/answer due 9/17/2024. (Please See DE23 for Image) (wce)
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23 23 service Summons (Affidavit) Returned Executed Tue 09/03 6:01 PM
SUMMONS (Affidavit) Returned Executed on11 Amended Complaint/Amended Notice of Removal with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Eddie M. Cannon. Thomas Nichols served on 8/28/2024, response/answer due 9/11/2024.(Harrell, Yvette)
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Att: 1 Affidavit
22 22 service Summons (Affidavit) Returned Executed Tue 09/03 5:56 PM
SUMMONS (Affidavit) Returned Executed on11 Amended Complaint/Amended Notice of Removal with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Eddie M. Cannon. Dayana Cannon served on 8/27/2024, response/answer due 9/10/2024.(Harrell, Yvette)
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Att: 1 Affidavit
Friday, August 23, 2024
21 21 order Order on Motion for Extension of Time Fri 08/23 10:16 AM
PAPERLESS ORDER granting Plaintiff's Motion for Extension of Time to File Proof of Service as to Defendant Dayana Cannon15 . On or before September 4, 2024 , Plaintiff shall file proof of service as to both Defendant Dayana Cannon and Defendant Thomas Nichols. Moving forward, any requests for extension or enlargement must be filed sufficiently in advance of the deadline at issue . Signed by Judge Aileen M. Cannon on 8/23/2023. (jco)
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20 20 notice Clerk's Notice of Docket Correction and Instruction to Filer - Attorney Fri 08/23 10:01 AM
Clerk's Notice to Filer re18 Notice (Other). Service does not indicate defendant Thomas Nichols. Also, Wrong Event Selected ; ERRORS - The Filer selected the wrong event. Please file a SUMMONS (Affidavit) Returned Executed on defendant Thomas Nichols correctly. Please note that filing this Notice (Other) generates a message to the attorney user which indicates: Attention! If you are filing a Return/Proof/Affidavit of Service, please select an event from the Service of Process menu only. (sk)
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Wednesday, August 21, 2024
19 19 notice Notice of Compliance Wed 08/21 11:55 PM
NOTICE of Compliance with Removal Status Report by City of Port St. Lucie, City of Port St. Lucie Police Department, Thomas Nichols re8 Notice of Court Practice/to Appear/Other,, Status Report Order, (Roper, Donovan)
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Tuesday, August 20, 2024
18 18 notice Notice (Other) Tue 08/20 11:46 AM
NOTICE AMENDED AFFIDAVIT OF SERVICE AS TO DEFENDANT THOMAS NICHOLS by Eddie M. Cannon (Harrell, Yvette)
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Att: 1 Exhibit
Monday, August 19, 2024
17 17 notice Clerk's Notice of Docket Correction and Instruction to Filer - Attorney Mon 08/19 2:22 PM
Clerk's Notice to Filer re14 Notice (Other). Wrong Event Selected ; ERROR - The Filer selected the wrong event. The document was re-docketed by the Clerk, see [de 16 ]. It is not necessary to refile this document. (wce)
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16 16 service Summons (Affidavit) Returned Executed Mon 08/19 2:21 PM
SUMMONS (Affidavit) Returned Executed on11 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Eddie M. Cannon. Dayana Cannon served on 8/15/2024, response/answer due 9/5/2024; City of Port St. Lucie served on 8/15/2024, response/answer due 9/5/2024; City of Port St. Lucie Police Department served on 8/15/2024, response/answer due 9/5/2024. (Please see DE14 for Image) (wce)
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15 15 motion Extension of Time Mon 08/19 2:13 PM
MOTION for Extension of Time TO TIME TO FILE PROOF OF SERVICE ON DEFENDANT, DAYANA CANNON re12 Order, by Eddie M. Cannon. Responses due by 9/3/2024.(Harrell, Yvette)
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Att: 1 Exhibit
14 14 notice Notice (Other) Mon 08/19 2:09 PM
NOTICE OF FILING PROOF OF SERVICE OF SECOND AMENDED COMPLAINT by Eddie M. Cannon (Harrell, Yvette)
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Att: 1 Exhibit,
Att: 2 Exhibit
Tuesday, August 13, 2024
13 13 order - Order (PAPERLESS or pdf attached) Tue 08/13 5:08 PM
PAPERLESS ORDER: In light of Plaintiff's Second Amended Complaint11 , the Clerk is directed to terminate City of Port St. Lucie Police Department as a party to this action. Signed by Judge Aileen M. Cannon on 8/13/2024. (cdz)
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Monday, August 12, 2024
12 12 order - Order (PAPERLESS or pdf attached) Tue 08/13 9:25 AM
ORDER TO COMPLY WITH PROOF OF SERVICE: It is therefore ORDERED AND ADJUDGED that, on or before August 19, 2024, Plaintiff shall file proof of service as to all defendants named in the Second Amended Complaint [ECF No. 10 ]. Signed by Judge Aileen M. Cannon on 8/12/2024. See attached document for full details. (wce)
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Wednesday, August 07, 2024
11 11 cmp Amended Complaint/Amended Notice of Removal Wed 08/07 4:58 PM
Second AMENDED COMPLAINT against Dayana Cannon, City of Port St. Lucie, City of Port St. Lucie Police Department, Thomas Nichols filed in response to Order Granting Motion for Leave, filed by Eddie M. Cannon.(Harrell, Yvette)
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Thursday, July 25, 2024
10 10 order - Order (PAPERLESS or pdf attached) Thu 07/25 6:03 PM
PAPERLESS ORDER: On or before August 7, 2024 , Plaintiff shall file proof of service as to all defendants on the docket. Signed by Judge Aileen M. Cannon on 7/25/2024. (cdz)
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9 9 2 pgs order Order Dismissing/Closing Case or Party ~Util - Set/Reset Deadlines Thu 07/25 11:55 AM
ORDER DISMISSING SHOTGUN COMPLAINT AND PERMITTING REPLEADING: The Amended Complaint [ECF No.1 -1 pp. 12-25] is DISMISSED WITHOUT PREJUDICE.Plaintiffs may file a second amended complaint that is consistent with this Order on or before August 8, 2024. Failure to comply with this Order may result in dismissal of the case without further notice. Signed by Judge Aileen M. Cannon on 7/25/2024. See attached document for full details. (wce)
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8 8 order Notice of Court Practice/to Appear/Other Status Report Order Thu 07/25 11:50 AM
NOTICE OF COURT PRACTICES IN REMOVAL CASES: Counsel for the removing party also is directed to file and serve a Removal Status Report no later than August 21, 2024. Failure to file a timely Removal Status Report shall be grounds for remand. Signed by Judge Aileen M. Cannon on 7/25/2024. See attached document for full details. (wce)
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7 7 respoth Affidavit /in Opposition/in Support (NOT USED FOR MOTIONS) Thu 07/25 8:29 AM
AFFIDAVIT in Support re 3 Clerk's Notice to Filer re: Electronic Case Civil Cover Sheet by City of Port St. Lucie. (Roper, Donovan)
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6 6 order - Order (PAPERLESS or pdf attached) Thu 07/25 8:27 AM
ORDER REQUIRING COMBINED RESPONSES: To better manage the orderly progress of the case, it is hereby ORDERED that no Defendant shall file a response or answer until all Defendants in this action have been served. After all Defendants have been served, Defendants shall submit a single combined response or separate answers within the time allowed for the last-served Defendant to respond. Signed by Judge Aileen M. Cannon on 7/25/2024. See attached document for full details. (wce)
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Wednesday, July 24, 2024
5 5 order - Order (PAPERLESS or pdf attached) Wed 07/24 6:43 PM
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 7/24/2024. (cdz) (cdz)
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Tuesday, July 23, 2024
4 4 order Clerk's Notice of Docket Correction - ELECTRONIC CASE Wed 07/24 8:21 AM
Clerk's Notice to Filer re: Electronic Case. Parties Not Added. The Filer failed to add all parties associated with the case. The Clerk has added all parties associated with the case. It is not necessary to re-file this document. (wce)
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3 3 order Clerk's Notice of Docket Correction - ELECTRONIC CASE Wed 07/24 8:19 AM
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. (wce)
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2 2 order Clerk's Notice of Judge Assignment and Optional Consent Wed 07/24 8:19 AM
Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (wce)
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1 1 cmp Notice of Removal (State Court Complaint) Tue 07/23 11:27 PM
NOTICE OF REMOVAL (STATE COURT COMPLAINT - Amended Complaint) Filing fee $ 405.00 receipt number AFLSDC-17700077, filed by City of Port St. Lucie.(Roper, Donovan)
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Att: 1 Memorandum