Viollis v. The City of St. Augustine Beach et al
| Florida Middle District Court | |
| Judge: | Harvey E Schlesinger |
| Referred: | Laura Lothman Lambert |
| Case #: | 3:23-cv-01339 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Nov 13, 2023 |
| Last checked: Saturday May 11, 2024 7:26 AM EDT |
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Defendant
Jerry Lee Baker
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Represented By
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Defendant
John Doe
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Represented By
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Defendant
Robert A. Hardwick
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Represented By
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Defendant
The City of St Augustine Beach
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Represented By
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Mediator
Thomas H. Bateman, III
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Represented By
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Plaintiff
Paul Michael Viollis, Jr.
1490 CAPE SABLE DRIVE
MELBOURNE, FL 32940 |
Represented By
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| TERMINATED PARTIES | |
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Defendant
St. Augustine Beach Police Department
Terminated: 02/20/2024
a Florida governmental entity 15 KING STREET
ST AUGUSTINE, FL 32084 |
Represented By
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Defendant
St. Johns County Sheriff's Office
Terminated: 02/20/2024
a Florida governmental entity 4015 LEWIS SPEEDWAY
ST AUGUSTINE, FL 32084 |
Represented By
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| Docket last updated: 06/20/2024 11:59 PM EDT |
| Tuesday, May 21, 2024 | ||
| 45 | 45
18
pgs
answer
Answer to Complaint
Tue 05/21 5:06 PM
Amended ANSWER and affirmative defenses to Complaint with Jury Demand by Robert A. Hardwick.(Spellman, Michael) |
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| Thursday, May 16, 2024 | ||
| 44 | 44
order
Order on Motion to Amend / Correct / Modify / Supplement
Thu 05/16 11:35 AM
ENDORSED ORDER granting doc. 43 Defendant Sheriff Hardwick's Unopposed Motion to File Amended Answer and Affirmative Defenses. Sheriff Hardwick shall file his amended answer and affirmative defenses to the second amended complaint, doc. 36 , on or before May 21, 2024. Signed by Magistrate Judge Laura Lothman Lambert on 5/16/2024. (BJR) |
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| Wednesday, May 15, 2024 | ||
| 43 | 43
motion
Amend / Correct / Modify / Supplement
Wed 05/15 5:54 PM
MOTION to Amend Answer and Affirmative Defenses by Robert A. Hardwick. (Petruzzelli, Christen) |
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| Tuesday, April 23, 2024 | ||
| 42 | 42
9
pgs
respm
Memorandum in opposition
Tue 04/23 11:43 AM
MEMORANDUM in opposition re38 Motion to Dismiss Plaintiff's Second Amended Complaint filed by Paul Michael Viollis, Jr.(Herman, Adam) |
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Att: 1
7 pgs
Exhibit Ex. A - Interrogatories
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| 41 | 41
17
pgs
respm
Memorandum in opposition
Tue 04/23 8:54 AM
MEMORANDUM in opposition re37 Motion to Dismiss Plaintiff's Second Amended Complaint filed by Paul Michael Viollis, Jr. (Herman, Adam) |
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| Friday, April 05, 2024 | ||
| 40 | 40
2
pgs
notice
Notice of appearance
Fri 04/05 5:52 PM
NOTICE of Appearance by Christen Ann Petruzzelli on behalf of John Doe, Robert A Hardwick in his official capacity as Sheriff of St Johns County Florida (Petruzzelli, Christen) |
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| 39 | 39
18
pgs
answer
Answer to amended complaint
Fri 04/05 5:49 PM
ANSWER and affirmative defenses with Jury Demand to 36 Amended Complaint by Robert A Hardwick in his official capacity as Sheriff of St Johns County Florida.(Spellman, Michael) |
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| 38 | 38
5
pgs
motion
Dismiss
Fri 04/05 5:40 PM
MOTION to Dismiss Second Amended Complaint by John Doe. (Spellman, Michael) |
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| 37 | 37
13
pgs
motion
Dismiss
Fri 04/05 10:55 AM
MOTION to Dismiss Plaintiff's Second Amended Complaint and Memorandum of Law by The City of St Augustine Beach. (Rosenbloom, Leigh) |
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| Friday, March 15, 2024 | ||
| 36 | 36
25
pgs
cmp
Amended Complaint
Fri 03/15 4:49 PM
AMENDED COMPLAINT SECOND against Jerry Lee Baker, Robert A Hardwick in his official capacity as Sheriff of St Johns County Florida, The City of St Augustine Beach, John Doe with Jury Demand. filed by Paul Michael Viollis, Jr.(Englert, Jennifer) |
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Att: 1
Exhibit Notice of Claim
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| Thursday, March 14, 2024 | ||
| 35 | 35
4
pgs
order
Order Appointing Mediator/Scheduling Mediation
Thu 03/14 1:36 PM
ORDER appointing Thomas H. Bateman, III, Esq. as mediator in this action. Conduct mediation hearing by 3/1/2025. Lead counsel to coordinate dates. Signed by Senior Judge Harvey E. Schlesinger on 3/14/2024. (TPL) |
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| Tuesday, March 12, 2024 | ||
| 34 | 34
14
pgs
order
Case Management Scheduling Order
Tue 03/12 12:35 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 1/3/2025 Dispositive motions due by 2/3/2025 Final Pretrial Conference set for 6/11/2025 at 10:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger Jury Trial set for trial term commencing 8/4/2025 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. Signed by Deputy Clerk on 3/12/2024. (TPL) |
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| Thursday, March 07, 2024 | ||
| 33 | 33
4
pgs
motion
Disclosure
Thu 03/07 2:20 PM
MOTION for Disclosure by Jerry Lee Baker. (Rosenbloom, Leigh) |
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| 32 | 32
1
pgs
order
Order to Strike
Thu 03/07 1:53 PM
ORDER striking 28 Defendants City of St. Augustine Beach and Jerry Lee Baker's Disclosure Statement. By March 15, 2024, defendants must file a disclosure statement using the form and answering all questions listed on the form. Signed by Magistrate Judge Laura Lothman Lambert on 3/7/2024. (NK) |
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| 31 | 31
order
Order on Motion for Extension of Time to Amend Order on Motion for Extension of Time to File Response / Reply
Thu 03/07 12:06 PM
ENDORSED ORDER granting doc. 30 Second Joint Motion to Extend Time. Plaintiff shall file its second amended complaint on or before March 15, 2024; defendants shall respond to the second amended complaint on or before April 5, 2024. Signed by Magistrate Judge Laura Lothman Lambert on 3/7/2024. (NMK) |
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| Wednesday, March 06, 2024 | ||
| 30 | 30
2
pgs
motion
Extension of Time to Amend Extension of Time to File Response / Reply
Wed 03/06 5:33 PM
Joint MOTION for Extension of Time to Amend Complaint (Second) , Joint MOTION for Extension of Time to File Response/Reply to Second Amended Complaint by Robert A Hardwick in his official capacity as Sheriff of St Johns County Florida. (Spellman, Michael) |
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| 29 | 29
6
pgs
misc
Case Management Report
Wed 03/06 4:54 PM
CASE MANAGEMENT REPORT. (Englert, Jennifer) |
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| 28 | 28
3
pgs
motion
Disclosure
Wed 03/06 12:20 PM
MOTION for Disclosure by Jerry Lee Baker. (Rosenbloom, Leigh) |
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| Friday, March 01, 2024 | ||
| 27 | 27
notice
Notice to Counsel of Local Rule
Fri 03/01 9:03 AM
NOTICE TO COUNSEL Jennifer A. Englert of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (AJS) |
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| 26 | 26
notice
Notice to Counsel of Local Rule
Fri 03/01 9:02 AM
NOTICE TO COUNSEL Jennifer A. Englert 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). (AJS) |
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| Thursday, February 29, 2024 | ||
| 25 | 25
3
pgs
notice
Notice (Other)
Thu 02/29 1:27 PM
NOTICE by Paul Michael Viollis, Jr of Pendency of Other Actions (Englert, Jennifer) |
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| 24 | 24
4
pgs
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Thu 02/29 1:11 PM
CERTIFICATE of interested persons and corporate disclosure statement by Paul Michael Viollis, Jr. (Englert, Jennifer) |
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| Friday, February 16, 2024 | ||
| 23 | 23
22
pgs
cmp
Amended Complaint
Fri 02/16 5:24 PM
AMENDED COMPLAINT against Jerry Lee Baker, The City of St Augustine Beach, Robert A Hardwick in his official capacity as Sheriff of St Johns County Florida with Jury Demand. filed by Paul Michael Viollis, Jr.(Englert, Jennifer) |
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Att: 1
2 pgs
Exhibit Notice of Claim
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| Monday, January 29, 2024 | ||
| 22 | 22
order
Order on Motion for Extension of Time to File
Mon 01/29 12:21 PM
ENDORSED ORDER granting doc. 21 , Joint Motion to Extend Time. Plaintiff shall file his amended complaint on or before February 16, 2024; defendants shall respond to the amended complaint on or before March 8, 2024. Signed by Magistrate Judge Laura Lothman Lambert on 1/29/2024. (KAS) |
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| Sunday, January 28, 2024 | ||
| 21 | 21
motion
Extension of Time to File
Sun 01/28 12:30 PM
Joint MOTION for Extension of Time to File Amended Complaint and Responses by St. Johns County Sheriff's Office. (Spellman, Michael) |
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| Friday, January 26, 2024 | ||
| 20 | 20
2
pgs
notice
Notice of appearance
Fri 01/26 9:21 AM
NOTICE of Appearance by Leigh Farnell Rosenbloom on behalf of Jerry Lee Baker (Rosenbloom, Leigh) |
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| Thursday, January 25, 2024 | ||
| 19 | 19
1
pgs
service
Summons returned executed
Thu 01/25 2:35 PM
RETURN of service executed on 01/24/2024 by Paul Michael Viollis, Jr as to Jerry Lee Baker. (Englert, Jennifer) |
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| Wednesday, January 24, 2024 | ||
| 18 | 18
motion
Dismiss for Failure to State a Claim
Wed 01/24 8:33 PM
MOTION to Dismiss for Failure to State a Claim by St. Johns County Sheriff's Office. (Spellman, Michael) |
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| 17 | 17
motion
Dismiss
Wed 01/24 4:20 PM
MOTION to Dismiss Plaintiff's Complaint by St. Augustine Beach Police Department. (Rosenbloom, Leigh) |
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| 16 | 16
notice
Notice of appearance
Wed 01/24 4:18 PM
NOTICE of Appearance by Leigh Farnell Rosenbloom on behalf of St. Augustine Beach Police Department (Rosenbloom, Leigh) |
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| Tuesday, January 23, 2024 | ||
| 15 | 15
2
pgs
order
Order on Motion for Miscellaneous Relief
Tue 01/23 11:03 AM
ORDER denying without prejudice doc. 8 , Motion for Appointment of Process Server. SEE ORDER FOR DETAILS. Signed by Magistrate Judge Laura Lothman Lambert on 1/23/2024. (KAS) |
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| Thursday, January 11, 2024 | ||
| 14 | 14
order
Order on Motion for Extension of Time to File Response / Reply
Thu 01/11 11:16 AM
ENDORSED ORDER granting doc. 12 , Unopposed Motion for Extension of Time to Respond to Plaintiff's Complaint. Defendant St. John's County Sheriff's Office shall respond to the complaint on or before January 24, 2024. Signed by Magistrate Judge Laura Lothman Lambert on 1/11/2024. (KAS) |
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| Wednesday, January 10, 2024 | ||
| 13 | 13
4
pgs
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Wed 01/10 5:03 PM
CERTIFICATE of interested persons and corporate disclosure statement by St. Johns County Sheriff's Office. (Spellman, Michael) |
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| 12 | 12
motion
Extension of Time to File Response / Reply
Wed 01/10 4:57 PM
Consent MOTION for Extension of Time to File Response/Reply as to1 Complaint by St. Johns County Sheriff's Office. (Spellman, Michael) |
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| 11 | 11
notice
Notice of Lead Counsel Designation
Wed 01/10 4:55 PM
NOTICE of Lead Counsel Designation by Michael P. Spellman on behalf of St. Johns County Sheriff's Office. Lead Counsel: Michael P. Spellman. (Spellman, Michael) |
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| Friday, December 29, 2023 | ||
| 10 | 10
service
Summons returned executed
Fri 12/29 4:08 PM
RETURN of service executed on 12/20/2023 by Paul Michael Viollis, Jr as to St. Johns County Sheriff's Office. (Englert, Jennifer) |
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| 9 | 9
service
Summons returned executed
Fri 12/29 4:07 PM
RETURN of service executed on 12/20/2023 by Paul Michael Viollis, Jr as to St. Augustine Beach Police Department. (Englert, Jennifer) |
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| Tuesday, December 19, 2023 | ||
| 8 | 8
2
pgs
motion
Miscellaneous Relief
Tue 12/19 4:16 PM
MOTION for Appointment of Process Server by Paul Michael Viollis, Jr. (Englert, Jennifer) Modified text on 12/20/2023 (BD). |
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| 7 | 7
6
pgs
service
Summons issued
Tue 12/19 10:51 AM
SUMMONS issued as to Jerry Lee Baker, St. Augustine Beach Police Department, St. Johns County Sheriff's Office. (GL) |
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| 6 | 6
2
pgs
service
Proposed summons
Tue 12/19 7:42 AM
PROPOSED summons to be issued by Paul Michael Viollis, Jr. (Englert, Jennifer) |
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| 5 | 5
2
pgs
service
Proposed summons
Tue 12/19 7:41 AM
PROPOSED summons to be issued by Paul Michael Viollis, Jr. (Englert, Jennifer) |
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| 4 | 4
2
pgs
service
Proposed summons
Tue 12/19 7:40 AM
PROPOSED summons to be issued by Paul Michael Viollis, Jr. (Englert, Jennifer) |
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| Tuesday, November 14, 2023 | ||
| 3 | 3
notice
Notice to Counsel of Local Rule
Tue 11/14 2:40 PM
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). (TPL) |
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| 2 | 2
utility
Case Assigned/Reassigned
Tue 11/14 11:05 AM
NEW CASE ASSIGNED to Senior Judge Harvey E. Schlesinger and Magistrate Judge Laura Lothman Lambert. New case number: 3:23-cv-01339-HES-LLL. (JG) |
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| Monday, November 13, 2023 | ||
| 1 | 1
13
pgs
cmp
Complaint
Mon 11/13 2:49 PM
COMPLAINT against St. Augustine Beach Police Department, St. Johns County Sheriffs Office, Jerry Lee Baker (Filing Fee $402, Receipt #AFLMDC-21449722) with Jury Demand filed by Paul Michael Viollis, Jr.(Englert, Jennifer) Modified on 11/13/2023 to add filing fee receipt number (AET) |
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Att: 1
2 pgs
Exhibit Notice of Claim,
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Att: 2
1 pgs
Civil Cover Sheet
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