S.D. Fla. 9:18-cv-80771 Docket
Otto v. City of Boca Raton, Florida
No. 9:18-cv-80771, Case History (under construction)
Court: Southern District of Florida (West Palm Beach)
Assigned to: Judge Robin L. Rosenberg
Referred to: Magistrate Judge Bruce E. Reinhart
| Date Filed | # | Docket Text |
| 06/13/2018 | 1 | COMPLAINT against All Defendants. Filing fees $ 400.00 receipt number 113C-10733447, filed by Robert W. Otto, Julie H. Hamilton. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s) City of Boca Raton, FL, # 3 Summon(s) County of Palm Beach, FL, # 4 Exhibit A – City Ordinance, # 5 Exhibit B – County Ordinance, # 6 Exhibit C – APA Report, # 7 Exhibit D – Cummings Article, # 8 Exhibit E – ACPeds Statement, # 9 Exhibit F – BMQA Confirmation, # 10 Exhibit G – CA SOCE Ltr)(Mihet, Horatio) (Entered: 06/13/2018) |
| 06/13/2018 | 2 |
Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Bruce E. Reinhart. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Bruce E. Reinhart 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. (ail) (Entered: 06/14/2018) |
| 06/14/2018 | 3 | MOTION for Preliminary Injunction by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 06/14/2018) |
| 06/14/2018 | 4 | Summons Issued as to City of Boca Raton, Florida, County of Palm Beach, Fl. (ail) (Entered: 06/14/2018) |
| 06/18/2018 | 5 | PAPERLESS ORDER denying without prejudice 3 Plaintiff’s Motion for Preliminary Injunction. Federal Rule of Civil Procedure 65(a)(1) states that “The court may issue a preliminary injunction only on notice to the adverse party.” To date, the Defendants have not appeared and there is no evidence that Defendants have been served with the Complaint. Signed by Judge Robin L. Rosenberg on 6/18/2018. (ege) (Entered: 06/18/2018) |
| 06/22/2018 | 6 | SUMMONS (Affidavit) Returned Executed on 1 Complaint,, with a 21 day response/answer filing deadline by Robert W. Otto, Julie H. Hamilton. City of Boca Raton, Florida served on 6/18/2018, answer due 7/9/2018. (Mihet, Horatio) (Entered: 06/22/2018) |
| 06/22/2018 | 7 | SUMMONS (Affidavit) Returned Executed on 1 Complaint,, with a 21 day response/answer filing deadline by Robert W. Otto, Julie H. Hamilton. County of Palm Beach, Fl served on 6/18/2018, answer due 7/9/2018. (Mihet, Horatio) (Entered: 06/22/2018) |
| 06/22/2018 | 8 | Renewed MOTION for Preliminary Injunction (with Certificate of Service indicating successful service of Complaint and PI Motion) by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 06/22/2018) |
| 06/25/2018 | 9 | PAPERLESS ORDER. Once Defendants City of Boca Raton, Florida and County of Palm Beach, Florida appear in this case, the Court will enter an order setting a briefing schedule on 8 Plaintiff’s Motion for Preliminary Injunction. Signed by Judge Robin L. Rosenberg on 6/25/2018. (ege) (Entered: 06/25/2018) |
| 06/25/2018 | 10 | NOTICE by County of Palm Beach, Fl of Appearance. Attorney Rachel Marie Fahey added to party County of Palm Beach, Fl(pty:dft). (Fahey, Rachel) (Entered: 06/25/2018) |
| 06/26/2018 | 11 | ORDER SETTING STATUS CONFERENCE,CALENDAR CALL, AND TRIAL DATE, ORDER OF REQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: Calendar Call set for 6/5/2019 at 9:00 AM before Judge Robin L. Rosenberg., Trial set for 6/10/2019 at 9:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg., Status Conference set for 4/24/2019 at 30 AM before Judge Robin L. Rosenberg. Signed by Judge Robin L. Rosenberg on 6/26/2018. (ail) (Entered: 06/26/2018) |
| 06/27/2018 | 12 | STANDING DISCOVERY ORDER FOR MAGISTRATE JUDGE BRUCE REINHART Signed by Magistrate Judge Bruce E. Reinhart on 6/26/2018. (ail) (Entered: 06/27/2018) |
| 06/29/2018 | 13 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint,, Defendant, City of Boca Raton’s Unopposed Motion for Extension of Time to Respond to Plaintiffs’ Complaint by City of Boca Raton, Florida. Attorney Daniel Lawrence Abbott added to party City of Boca Raton, Florida(pty:dft). (Abbott, Daniel) (Entered: 06/29/2018) |
| 07/02/2018 | 14 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint,, by County of Palm Beach, Fl. (Fahey, Rachel) (Entered: 07/02/2018) |
| 07/02/2018 | 15 | PAPERLESS ORDER granting 13 14 Defendants’ Motion for Extension of Time to Respond to Plaintiffs’ Complaint. Defendants’ responsive pleadings to 1 Plaintiffs’ Complaint are due by August 1, 2018. Signed by Judge Robin L. Rosenberg on 7/2/2018. (ege) (Entered: 07/02/2018) |
| 07/03/2018 | 16 | PAPERLESS ORDER setting status conference on 8 Plaintiffs’ Motion for Preliminary Injunction for Friday, July 13, 2018 at 10:00 a.m. At the status conference, the parties shall be prepared to discuss a briefing schedule on the Motion. Prior to the status conference, the parties shall meet and confer to discuss what discovery, if any, will be needed to inform a hearing on 8 Plaintiffs’ Motion. Two days prior to the Status Conference, the parties shall submit a proposed joint discovery plan to the Court’s e-mail address in Word format (rosenberg@flsd.uscourts.gov). The proposed joint discovery plan shall specify all depositions to be taken and include the dates and times for which those depositions have been scheduled. The plan should also reflect a schedule for propounding and responding to any written discovery requests. Counsel may appear at the Status Conference via telephone but must file a notice of telephonic appearance at least one (1) day prior. Instructions for appearing via telephone are as follows: (1) Please call five (5) minutes prior to the Status Conference or Calendar Call; (2) The toll-free number is: 1 (877) 873-8018; (3) The access code is: 9890482; (4) The security code is: 4008. Signed by Judge Robin L. Rosenberg on 7/3/2018. (ege) (Entered: 07/03/2018) |
| 07/03/2018 | 17 | NOTICE of Attorney Appearance by Kim Ngoc Phan on behalf of County of Palm Beach, Fl. Attorney Kim Ngoc Phan added to party County of Palm Beach, Fl(pty:dft). (Phan, Kim) (Entered: 07/03/2018) |
| 07/06/2018 | 18 | Joint SCHEDULING REPORT – Rule 16.1 by Julie H. Hamilton, Robert W. Otto (Mihet, Horatio) (Entered: 07/06/2018) |
| 07/09/2018 | 19 |
SCHEDULING ORDER AND ORDER REFERRING CASE TO MEDIATION: Amended Pleadings due by 9/10/2018., Discovery due by 2/11/2019., Joinder of Parties due by 9/10/2018., Mediation Deadline 4/10/2019., In Limine Motions due by 3/8/2019., Dispositive Motions due by 3/8/2019., Motions due by 3/8/2019., Pretrial Stipulation due by 5/10/2019. Signed by Judge Robin L. Rosenberg on 7/9/2018. See attached document for full details. (ail) Pattern Jury Instruction Builder – To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.(Entered: 07/09/2018) |
| 07/10/2018 | 20 | ORDER SETTING DISCOVERY STATUS CONFERENCE: Status Conference Re: Discovery Matters set for 1/10/2019 at 2:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Signed by Magistrate Judge Bruce E. Reinhart on 7/9/2018. See attached document for full details. (ail) (Entered: 07/10/2018) |
| 07/10/2018 | 21 | NOTICE of Attorney Appearance by Anne Reilly Flanigan on behalf of City of Boca Raton, Florida. Attorney Anne Reilly Flanigan added to party City of Boca Raton, Florida(pty:dft). (Flanigan, Anne) (Entered: 07/10/2018) |
| 07/10/2018 | 22 | NOTICE of Attorney Appearance by Daniel Lawrence Abbott on behalf of City of Boca Raton, Florida (Abbott, Daniel) (Entered: 07/10/2018) |
| 07/11/2018 | 23 | NOTICE by City of Boca Raton, Florida re 16 Set/Reset Hearings,,,,,, Order,,,,, Notice of Telephonic Appearance (Flanigan, Anne) (Entered: 07/11/2018) |
| 07/12/2018 | 24 | NOTICE by Julie H. Hamilton, Robert W. Otto of Telephonic Appearance of their Counsel at Status Conference (Mihet, Horatio) (Entered: 07/12/2018) |
| 07/13/2018 | 25 | JOINT DISCOVERY PLAN FOR PRELIMINARY INJUNCTION MOTION. Signed by Judge Robin L. Rosenberg on 7/13/2018. See attached document for full details.(vmz) (Entered: 07/13/2018) |
| 07/13/2018 | 26 | PPAPERLESS Minute Entry for proceedings held before Judge Robin L. Rosenberg: Status Conference re 8 Plaintiffs’ Motion for Preliminary Injunction held on 7/13/2018. Total time in court: 30 minutes. Attorney Appearance(s): Anne Reilly Flanigan, Rachel Marie Fahey, Kim Ngoc Phan, Roger K. Gannam, Horatio G. Mihet. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (ir) (Entered: 07/13/2018) |
| 07/16/2018 | Prelinjhrg Hearing set for 10/5/2018 09:00 AM before Judge Robin L. Rosenberg. Set Hearings Per DE 25 . (vmz) (Entered: 07/16/2018) | |
| 07/25/2018 | Set/Reset Hearings Discovery Hearing set for 8/2/2018 at 03:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. (kry) (Entered: 07/25/2018) | |
| 07/26/2018 | 27 | NOTICE by Julie H. Hamilton, Robert W. Otto re Set/Reset Hearings, of Filing Discovery Memorandum for August 2, 2018 Hearing(Attachments: # 1 Exhibit A – Plaintiff Otto’s Second Set of Discovery Requests to Defendant County, # 2 Exhibit B – Plaintiffs’ First Amended Notice of Taking Depositions of Defendants, # 3 Exhibit C – Plaintiff Otto’s First Set of Discovery Requests to Defendant County, # 4 Exhibit D – Plaintiffs original Notice of Deposition of Defendants) (Mihet, Horatio) (Entered: 07/26/2018) |
| 07/26/2018 | 28 | MEMORANDUM in Opposition re 27 Notice (Other),, Response to Plaintiffs’ Discovery Memorandum by County of Palm Beach, Fl. (Attachments: # 1 Exhibit Email dated July 6, 2018, # 2 Exhibit Email dated July 10, 2018, # 3 Exhibit Proposed Joint Discovery Plan for Preliminary Injunction Motion, # 4 Exhibit Email dated July 11, 2018)(Fahey, Rachel) (Entered: 07/26/2018) |
| 07/30/2018 | 29 | PAPERLESS ORDER resetting Discovery Hearing. The Discovery Hearing will still be set for 8/2/2018 at 03:00 PM in West Palm Beach Division, but will be before Judge Robin L. Rosenberg. Counsel may appear via telephone but must file a notice of telephonic appearance at least one (1) day prior to the Discovery Hearing. Instructions for appearing via telephone are as follows: (1) Please call five (5) minutes prior to the Hearing; (2) The toll-free number is: 1 (877) 873-8018; (3) The access code is: 9890482; (4) The security code is: 4008. Signed by Judge Robin L. Rosenberg on 7/30/2018. (ege) (Entered: 07/30/2018) |
| 07/30/2018 | 30 | Defendant’s MOTION for Extension of Time to Respond To Second Set Of Discovery Requests ( Responses due by 8/13/2018), MOTION for Protective Order by City of Boca Raton, Florida. (Attachments: # 1 Exhibit A – Second Set of Discovery Requests, # 2 Exhibit B – First Amended Notice of Taking Depositions)(Abbott, Daniel) (Entered: 07/30/2018) |
| 07/31/2018 | 31 | PAPERLESS ORDER setting hearing on 30 Defendant City of Boca Raton’s Motion for Extension of Time and for Protective Order for 8/2/2018 at 03:00 PM in West Palm Beach Division before Judge Robin L. Rosenberg. Counsel may appear via telephone but must file a notice of telephonic appearance at least one (1) day prior to the Discovery Hearing. Instructions for appearing via telephone are as follows: (1) Please call five (5) minutes prior to the Hearing; (2) The toll-free number is: 1 (877) 873-8018; (3) The access code is: 9890482; (4) The security code is: 4008. Signed by Judge Robin L. Rosenberg on 7/31/2018. (ege) (Entered: 07/31/2018) |
| 08/01/2018 | 32 | NOTICE by City of Boca Raton, Florida re 29 Order,,, Set/Reset Hearings,, 31 Order Setting Hearing on Motion,, Notice of Telephonic Appearance (Flanigan, Anne) (Entered: 08/01/2018) |
| 08/01/2018 | 33 | NOTICE by Julie H. Hamilton, Robert W. Otto of Telephonic Appearance of their Counsel at August 2, 2018 Discovery Hearing (Mihet, Horatio) (Entered: 08/01/2018) |
| 08/01/2018 | 34 | Defendant’s MOTION TO DISMISS 1 Complaint,, FOR FAILURE TO STATE A CLAIM Defendant, City Of Boca Raton’s Motion To Dismiss And Incorporated Memorandum Of Law by City of Boca Raton, Florida. Responses due by 8/15/2018 (Abbott, Daniel) (Entered: 08/01/2018) |
| 08/01/2018 | 35 | NOTICE by County of Palm Beach, Fl Filing Certified Copy of Palm Beach County Ordinance No. 84-8 (Attachments: # 1 Exhibit Palm Beach County Ordinance No. 84-8) (Fahey, Rachel) (Entered: 08/01/2018) |
| 08/01/2018 | 36 | NOTICE by County of Palm Beach, Fl Filing Transcribed Recording of BCC Meeting Dated 12/05/17 (Attachments: # 1 Exhibit Transcribed Recording of BCC Meeting Dated 12/05/17) (Fahey, Rachel) (Entered: 08/01/2018) |
| 08/01/2018 | 37 | NOTICE by County of Palm Beach, Fl Filing Transcribed Recording of BCC Meeting Dated 12/19/17 (Attachments: # 1 Exhibit Transcribed Recording of BCC Meeting Dated 12/19/17) (Fahey, Rachel) (Entered: 08/01/2018) |
| 08/01/2018 | 38 | Defendant’s MOTION Motion For Permission to File DVDs by County of Palm Beach, Fl. (Fahey, Rachel) (Entered: 08/01/2018) |
| 08/01/2018 | 39 | MOTION TO DISMISS 37 Notice (Other), 35 Notice (Other), 36 Notice (Other), 1 Complaint,, FOR FAILURE TO STATE A CLAIM by County of Palm Beach, Fl. Responses due by 8/15/2018 (Fahey, Rachel) (Entered: 08/01/2018) |
| 08/02/2018 | 40 | RESPONSE in Opposition re 30 Defendant’s MOTION for Extension of Time to Respond To Second Set Of Discovery Requests MOTION for Protective Order filed by Julie H. Hamilton, Robert W. Otto. Replies due by 8/9/2018. (Attachments: # 1 Exhibit A – City’s Initial Disclosures)(Mihet, Horatio) (Entered: 08/02/2018) |
| 08/02/2018 | 41 | PAPERLESS ORDER granting 38 Defendant Palm Beach County’s Motion for Permission to File DVDs. Signed by Judge Robin L. Rosenberg on 8/2/2018. (ege) (Entered: 08/02/2018) |
| 08/02/2018 | 46 | PAPERLESS Minute Entry for proceedings held before Judge Robin L. Rosenberg: Motion Hearing held on 8/2/2018 re 30 Defendant’s MOTION for Extension of Time to Respond To Second Set Of Discovery Requests MOTION for Protective Order filed by City of Boca Raton, Florida, Discovery Hearing held on 8/2/2018. Total time in court: 1 hour(s) : 30 minutes. Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. (mg) (Entered: 08/03/2018) |
| 08/03/2018 | 42 | PAPERLESS ORDER memorializing status conference held on August 2, 2018. For the reasons stated on the record, all discovery, except for discovery already served, is stayed until after the hearing on 8 Plaintiffs’ Motion for Preliminary Injunction. The parties shall respond to the discovery that has already been served, pursuant to the deadline the parties agree to in an amended proposed joint discovery plan. Accordingly, Defendant-City’s 30 Motion for Extension of Time and for Protective Order is denied. The parties shall submit to the Court’s e-mail address (rosenberg@flsd.uscourts.gov) in Word format an amended proposed joint discovery plan setting deadlines necessary for the completion of the discovery that was already served prior to the Preliminary Injunction hearing, as well any other deadlines that should be modified in light of the new hearing date. The Court hereby moves the Preliminary Injunction Hearing from October 5, 2018 to October 18 and 19, 2018. Following the Preliminary Injunction Hearing, the Court will hold a status conference for the parties to inform the Court of what additional discovery is needed and the deadline to complete the discovery, if said deadline differs from the discovery deadline set forth in the Court’s Scheduling Order at docket entry 19. Signed by Judge Robin L. Rosenberg on 8/3/2018. (ege) (Entered: 08/03/2018) |
| 08/03/2018 | Set/Reset Hearings Preliminary Injunction Hearing set for 10/18/2018 09:00 AM in West Palm Beach Division before Judge Robin L. Rosenberg. (ege) (Entered: 08/03/2018) | |
| 08/03/2018 | 43 | NOTICE by County of Palm Beach, Fl re 38 Defendant’s MOTION Motion For Permission to File DVDs Notice of Filing Affidavit of Harrison Hollis (Attachments: # 1 Affidavit Affidavit of Harrison Hollis, # 2 Exhibit Exhibit 1 – DVDs of 12-05-17 BCC Meeting, # 3 Exhibit Exhibit 2 – DVDs of 12-19-17 BCC Meeting) (Fahey, Rachel) (Entered: 08/03/2018) |
| 08/03/2018 | 44 | NOTICE by County of Palm Beach, Fl Notice of Filing BCC Meeting Video Dated 12-05-17 (Fahey, Rachel) (Entered: 08/03/2018) |
| 08/03/2018 | 45 | NOTICE by County of Palm Beach, Fl Notice of Filing BCC Meeting Video Dated 12-19-17 (Fahey, Rachel) (Entered: 08/03/2018) |
| 08/03/2018 | 47 | Notice of Filing Palm Beach County Board of County Commissioners’ Meeting Video Dated December 19, 2017 by County of Palm Beach, Fl re 41 Paperless Order. (kpe) (Entered: 08/03/2018) |
| 08/06/2018 | 48 | PAPERLESS ORDER setting Discovery Hearing for 8/10/2018 at 02:00 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel may appear by phone using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234#. Signed by Magistrate Judge Bruce E. Reinhart on 8/6/2018. (kry) (Entered: 08/06/2018) |
| 08/07/2018 | 49 | MEMORANDUM of Law Regarding Discovery Dispute to be Heard at August 10, 2018 Hearing by Julie H. Hamilton, Robert W. Otto. (Attachments: # 1 Exhibit A – Plaintiffs’ Initial Communication Regarding ESI, # 2 Exhibit B – Plaintiffs’ Correspondence with the City Defendant, # 3 Exhibit C – Plaintiffs’ Correspondence with the County, # 4 Exhibit D – Additional Correspondence with the County)(Mihet, Horatio) (Entered: 08/07/2018) |
| 08/08/2018 | 50 | AMENDED DISCOVERY PLAN FOR PRELIMINARY INJUNCTION MOTION Signed by Judge Robin L. Rosenberg on 8/8/2018. See attached document for full details. (ail) (Entered: 08/08/2018) |
| 08/10/2018 | 51 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Telephone Conference held on 8/10/2018. Total time in court: 28 minutes. (Digital 14:02:04) (kry) (Entered: 08/10/2018) |
| 08/10/2018 | 52 | Joint MOTION for Extension of Time to Mediate and to Select Mediator and to Schedule Mediation, Until After Preliminary Injunction Hearing by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 08/10/2018) |
| 08/14/2018 | 53 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer to Defendants’ Motions to Dismiss, Unopposed MOTION for Leave to File One Consolidated Response to Defendants’ Separate Motions to Dismiss by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 08/14/2018) |
| 08/14/2018 | 54 | PAPERLESS ORDER granting 53 Plaintiffs’ Unopposed Motion for Leave to File Consolidated Response in Opposition to Defendants’ Separate Motions to Dismiss and for a One-Week Extension of Time. Plaintiffs’ consolidated response in opposition to 34 Defendant City of Boca Raton’s Motion to Dismiss and 39 Defendant Palm Beach County’s Motion to Dismiss is due by August 22, 2018. Signed by Judge Robin L. Rosenberg on 8/14/2018. (ege) (Entered: 08/14/2018) |
| 08/14/2018 | 55 | ORDER granting 52 Motion for Extension of Time to Mediate. Signed by Judge Robin L. Rosenberg on 8/13/2018. See attached document for full details. (ail) (Entered: 08/14/2018) |
| 08/22/2018 | 56 | Joint MOTION for Extension of Time to File Response/Reply/Answer on Defendants’ Motions to Dismiss — One Day for Plaintiffs’ Opposition and Seven Business Days for Defendants’ Reply by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 08/22/2018) |
| 08/22/2018 | 57 | MOTION for Leave to File Amicus Brief and Supporting Memorandum of Law by The Trevor Project. Attorney Douglas C Dreier added to party The Trevor Project (pty:mov). (Dreier, Douglas) (Entered: 08/22/2018) |
| 08/22/2018 | 58 | Corporate Disclosure Statement by The Trevor Project (Dreier, Douglas) (Entered: 08/22/2018) |
| 08/22/2018 | 59 | PAPERLESS ORDER granting 56 Motion for Extension of Time to File Response and Reply to Defendants’ 34 39Motions to Dismiss. Responses are now due by 8/23/2018, and the replies are due by 9/10/2018. Signed by Judge Robin L. Rosenberg on 8/22/2018. (ege) (Entered: 08/22/2018) |
| 08/22/2018 | 60 | PAPERLESS ORDER expediting briefing on 57 Trevor Project’s Motion for leave to file amicus brief. Plaintiffs and Defendants shall file their responses to the motion by August 28, 2018. Signed by Judge Robin L. Rosenberg on 8/22/2018. (ege) (Entered: 08/22/2018) |
| 08/23/2018 | 61 | PAPERLESS ORDER setting Discovery Hearing for 8/28/2018 at 02:30 PM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. Counsel shall file a joint discovery memorandum of five pages or less specifying the substance of the matter to be heard by 8/27/18 at 12:00 PM. Signed by Magistrate Judge Bruce E. Reinhart on 8/23/2018. (kry) (Entered: 08/23/2018) |
| 08/23/2018 | 62 | RESPONSE in Opposition re 34 Defendant’s MOTION TO DISMISS 1 Complaint,, FOR FAILURE TO STATE A CLAIM Defendant, City Of Boca Raton’s Motion To Dismiss And Incorporated Memorandum Of Law, 39 MOTION TO DISMISS 37 Notice (Other), 35 Notice (Other), 36 Notice (Other), 1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by Julie H. Hamilton, Robert W. Otto. Replies due by 8/30/2018. (Mihet, Horatio) (Entered: 08/23/2018) |
| 08/27/2018 | 63 | MEMORANDUM of Law re 61 Order,, Set/Reset Hearings, Joint Discovery Memorandum by Julie H. Hamilton, Robert W. Otto. (Attachments: # 1 Exhibit A – Hamilton Discovery Responses, # 2 Exhibit B – Otto Discovery Responses, # 3 Exhibit C – Florida Attorney General Opinion)(Gannam, Roger) (Entered: 08/27/2018) |
| 08/27/2018 | 64 | NOTICE by Julie H. Hamilton, Robert W. Otto re 63 Memorandum, Plaintiffs’ Errata for Joint Discovery Memorandum for August 28, 2018 Discovery Hearing (Attachments: # 1 Exhibit A – Corrected Joint Discovery Memorandum) (Gannam, Roger) (Entered: 08/27/2018) |
| 08/27/2018 | 65 | RESPONSE to Motion re 57 MOTION for Leave to File Amicus Brief and Supporting Memorandum of Law Defendant, City Of Boca Raton’s Response To The Trevor Projection’s Motion For Leave To File Amicus Brief filed by City of Boca Raton, Florida. Replies due by 9/4/2018. (Abbott, Daniel) (Entered: 08/27/2018) |
| 08/27/2018 | 66 | RESPONSE to Motion re 57 MOTION for Leave to File Amicus Brief and Supporting Memorandum of Law filed by County of Palm Beach, Fl. Replies due by 9/4/2018. (Fahey, Rachel) (Entered: 08/27/2018) |
| 08/28/2018 | 67 | PAPERLESS ORDER permitting counsel for Defendant City of Boca Raton to appear telephonically at the discovery hearing set for 8/28/18 at 2:30PM. Counsel may appear by phone using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234# Signed by Magistrate Judge Bruce E. Reinhart on 8/28/2018. (kry) (Entered: 08/28/2018) |
| 08/28/2018 | 68 | MOTION for Leave to Appear Amicus by Equality Florida Institute, Inc.. Attorney/Representative: Jennifer Yasko by Equality Florida Institute, Inc.. Attorney Jennifer A. Yasko added to party Equality Florida Institute, Inc.(pty:mov). Responses due by 9/11/2018 (Yasko, Jennifer) (Entered: 08/28/2018) |
| 08/28/2018 | 69 | ORDER Memorializing Court Rulings at Discovery Hearing and Setting Deadline. Signed by Magistrate Judge Bruce E. Reinhart on 8/28/2018. See attached document for full details. (kry) (Entered: 08/28/2018) |
| 08/28/2018 | 70 | RESPONSE in Opposition re 57 MOTION for Leave to File Amicus Brief and Supporting Memorandum of Law filed by Julie H. Hamilton, Robert W. Otto. Replies due by 9/4/2018. (Attachments: # 1 Exhibit A – City of Boca Raton’s Initial Disclosures)(Gannam, Roger) (Entered: 08/28/2018) |
| 08/29/2018 | 71 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 8/28/2018. Total time in court: 1 hour(s):3 minutes. (Digital 14:36:23) (kry) (Entered: 08/29/2018) |
| 08/30/2018 | 72 | REPLY to Response to Motion re 57 MOTION for Leave to File Amicus Brief and Supporting Memorandum of Law filed by The Trevor Project. (Dreier, Douglas) (Entered: 08/30/2018) |
| 09/04/2018 | 73 | PAPERLESS ORDER granting in part and denying in part [DE 57] The Trevor Project’s and [DE 68] Equality Florida’s Motions for Leave to File Amicus Briefs. The Court has “inherent authority” to grant such motions when the Court finds that amici may be able to present the Court with additional research and information. See In re Bayshore Food Trucks Sales, Inc., 471 F.3d 1233, 1249, n.34 (11th Cir. 2006). It is “solely within the discretion of the court to determine the fact, extent, and manner of participation of the amicus.” Resort Timeshare Resales, Inc. v. Stuart, 764 F. Supp. 1495, 1501 (S.D. Fla. 1991). The Court grants permission to The Trevor Project and Equality Florida to file amicus briefs in support of Defendants’ Opposition to Plaintiffs’ Motion for Preliminary Injunction. The Trevor Project and Equality Florida must file their briefs by September 18, 2018 to be considered at the Preliminary Injunction hearing. The Trevor Project and Equality Florida are limited to twenty pages in their briefs, per Local Rule 7.1(c)(2). Signed by Judge Robin L. Rosenberg on 9/4/2018. (kbs) (Entered: 09/04/2018) |
| 09/05/2018 | 74 | PAPERLESS ORDER Setting Discovery Hearing for 9/12/2018 at 10:00 AM in West Palm Beach Division before Magistrate Judge Bruce E. Reinhart. By 9/7/18 at 12:00PM, counsel shall file a joint discovery memorandum specifying the substance of the matter to be heard. Counsel may appear by phone using the following conference call instructions: Dial 1-888-557-8511; Enter access code 4098267#; and Enter security code 1234# Signed by Magistrate Judge Bruce E. Reinhart on 9/5/2018. (kry) (Entered: 09/05/2018) |
| 09/07/2018 | 75 | MEMORANDUM of Law re 74 Order,, Order Setting Status Conference,, Set/Reset Hearings, Joint Discovery Memorandum by Julie H. Hamilton, Robert W. Otto. (Attachments: # 1 Exhibit A – Plaintiffs Deposition Notice, # 2 Exhibit B – City Responses to Second Interrogatories, # 3 Exhibit C – City Responses to Second Production Requests, # 4 Exhibit D – County Responses to Second Requests, # 5 Exhibit E – Defendants’ Objections to Deposition Notice, # 6 Exhibit F – City Search Terms, # 7 Exhibit G – County Search Terms)(Gannam, Roger) (Entered: 09/07/2018) |
| 09/07/2018 | 76 | Corporate Disclosure Statement by Equality Florida Institute, Inc. (Yasko, Jennifer) (Entered: 09/07/2018) |
| 09/10/2018 | 77 | NOTICE by County of Palm Beach, Fl of Filing Deposition Transcripts of Julie Hamilton, Ph.D., LMFT (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B) (Fahey, Rachel) (Entered: 09/10/2018) |
| 09/10/2018 | 78 | NNOTICE by County of Palm Beach, Fl of Filing Julie Hamilton, Ph.D., LMFT’s Objections and Responses to Palm Beach County’s Preliminary Injunction Interrogatories and Requests for Admissions (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Fahey, Rachel) (Entered: 09/10/2018) |
| 09/10/2018 | 79 | NOTICE by County of Palm Beach, Fl of Filing Robert W. Otto, Ph.D., LMFT’s Objections and Responses to Palm Beach County’s Preliminary Injunction Interrogatories and Requests for Admissions (Attachments: # 1 Exhibit A, # 2 Exhibit B) (Fahey, Rachel) (Entered: 09/10/2018) |
| 09/10/2018 | 80 | NOTICE by County of Palm Beach, Fl of Filing Deposition Exhibits of Julie H. Hamilton, Ph.D., LMFT (Attachments: # 1 Exhibit 7, # 2 Exhibit 8, # 3 Exhibit 9, # 4 Exhibit 10, # 5 Exhibit 11, # 6 Exhibit 12, # 7 Exhibit 13, # 8 Exhibit 14, # 9 Exhibit 15, # 10 Exhibit 16, # 11 Exhibit 17, # 12 Exhibit 18, # 13 Exhibit 19, # 14 Exhibit 20) (Fahey, Rachel) (Entered: 09/10/2018) |
| 09/10/2018 | 81 | NOTICE by County of Palm Beach, Fl of Filing Deposition Transcript of Robert W. Otto, Ph.D., LMFT (Attachments: # 1 Deposition, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6) (Fahey, Rachel) (Entered: 09/10/2018) |
| 09/10/2018 | 82 | REPLY to Response to Motion re 39 MOTION TO DISMISS 37 Notice (Other), 35 Notice (Other), 36 Notice (Other), 1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by County of Palm Beach, Fl. (Fahey, Rachel) (Entered: 09/10/2018) |
| 09/10/2018 | 83 | RESPONSE in Opposition re 8 Renewed MOTION for Preliminary Injunction (with Certificate of Service indicating successful service of Complaint and PI Motion) filed by City of Boca Raton, Florida. Replies due by 9/17/2018. (Flanigan, Anne) (Entered: 09/10/2018) |
| 09/10/2018 | 84 | REPLY to Response to Motion re 34 Defendant’s MOTION TO DISMISS 1 Complaint,, FOR FAILURE TO STATE A CLAIM Defendant, City Of Boca Raton’s Motion To Dismiss And Incorporated Memorandum Of Law filed by City of Boca Raton, Florida. (Flanigan, Anne) (Entered: 09/10/2018) |
| 09/10/2018 | 85 | RESPONSE in Opposition re 8 Renewed MOTION for Preliminary Injunction (with Certificate of Service indicating successful service of Complaint and PI Motion) filed by County of Palm Beach, Fl. Replies due by 9/17/2018. (Attachments: # 1 Exhibit A, # 2 Exhibit 1, # 3 Exhibit 2, # 4 Exhibit 3, # 5 Exhibit 4, # 6 Exhibit 5, # 7 Exhibit 6, # 8 Exhibit 7, # 9 Exhibit 8, # 10 Exhibit 9, # 11 Exhibit 10, # 12 Exhibit 11, # 13 Exhibit 12, # 14 Exhibit 13, # 15 Exhibit B)(Fahey, Rachel) (Entered: 09/10/2018)) |
| 09/11/2018 | 86 | NOTICE by County of Palm Beach, Fl of Filing Corrected Exhibit 13 to the Declaration of Helene Hvizd (DE 85-14)(Attachments: # 1 Exhibit 13) (Fahey, Rachel) (Entered: 09/11/2018) |
| 09/12/2018 | 87 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Discovery Hearing held on 9/12/2018. Total time in court: 1 hour: 12 minutes. (Digital 9:58:45) (kry) (Entered: 09/12/2018) |
| 09/15/2018 | 88 | OBJECTION of Magistrate Judge 87 Discovery Hearing to District Court AND REQUEST FOR EXPEDITED CONSIDERATION (Attachments: # 1 Transcripts Exhibit A)(Gannam, Roger) (Entered: 09/15/2018) |
| 09/18/2018 | 89 | ORDER overruling 88 Objection of Magistrate Judge Order to District Court. Signed by Judge Robin L. Rosenberg on 9/17/2018. See attached document for full details. (ail) (Entered: 09/18/2018) |
| 09/18/2018 | 90 | RESPONSE in Opposition re 8 Renewed MOTION for Preliminary Injunction (with Certificate of Service indicating successful service of Complaint and PI Motion) by Amicus Curiae filed by The Trevor Project. Replies due by 9/25/2018. (Dreier, Douglas) (Entered: 09/18/2018) |
| 09/18/2018 | 91 | RESPONSE in Opposition re 8 Renewed MOTION for Preliminary Injunction (with Certificate of Service indicating successful service of Complaint and PI Motion) filed by Equality Florida Institute, Inc.. Replies due by 9/25/2018. (Yasko, Jennifer) (Entered: 09/18/2018) |
| 10/08/2018 | 92 | MOTION for Extension of Time to File Response/Reply/Answer as to 8 Renewed MOTION for Preliminary Injunction (with Certificate of Service indicating successful service of Complaint and PI Motion), 85 Response in Opposition to Motion,, 83 Response in Opposition to Motion, 90 Response in Opposition to Motion, 91 Response in Opposition to Motion, AND REQUEST FOR EXPEDITED CONSIDERATION by Julie H. Hamilton, Robert W. Otto. (Gannam, Roger) (Entered: 10/08/2018) |
| 10/09/2018 | 93 | PAPERLESS ORDER granting 92 Motion for Extension of Time to File Response/Reply to Motion. Replies due by 10/9/2018. Signed by Judge Robin L. Rosenberg on 10/9/2018. (kbs) (Entered: 10/09/2018) |
| 10/10/2018 | 94 | MOTION for Leave to File Excess Pages FOR CONSOLIDATED REPLY IN SUPPORT OF PRELIMINARY INJUNCTION by Julie H. Hamilton, Robert W. Otto. (Gannam, Roger) (Entered: 10/10/2018) |
| 10/10/2018 | 95 | REPLY to Response to Motion re 8 Renewed MOTION for Preliminary Injunction (with Certificate of Service indicating successful service of Complaint and PI Motion)filed by Julie H. Hamilton, Robert W. Otto. (Gannam, Roger) (Entered: 10/10/2018) |
| 10/10/2018 | 96 | NOTICE of Filing Discovery: Declaration and Deposition Transcripts by Julie H. Hamilton, Robert W. Otto. (Attachments: # 1 Affidavit Declaration of Plaintiff Julie H. Hamilton, Ph.D., LMFT, # 2 Deposition Helene C. Hvizd, Esq., as Rule 30(b)(6) Representative of Defendant Palm Beach County, Sep. 20, 2018, # 3 Deposition Dr. Shayna Ginsburg, as Rule 30(b)(6) Representative of Defendant Palm Beach County, Sep. 20, 2018, # 4 Deposition Michael Woika, as Rule 30(b)(6) Representative of Defendant City of Boca Raton, Sep. 21, 2018)(Gannam, Roger) (Entered: 10/10/2018) |
| 10/10/2018 | 97 | NOTICE of Filing Discovery: Deposition Exhibits by Julie H. Hamilton, Robert W. Otto. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28)(Gannam, Roger) (Entered: 10/10/2018) |
| 10/10/2018 | 98 | PAPERLESS ORDER granting 94 Motion for Leave to File Excess Pages. Signed by Judge Robin L. Rosenberg on 10/10/2018. (kbs) (Entered: 10/10/2018) |
| 10/11/2018 | 99 | NOTICE by Julie H. Hamilton, Robert W. Otto Regarding Nature of Preliminary Injunction Hearing (No Live Evidence); AND Consent Motion for One Business Day Extension of Time for Parties to Provide Pre-Hearing Submissions; AND Plaintiffs’ Request to Reduce Hearing Time to One Day and Commence Hearing on Friday, October 19, 2018 (Mihet, Horatio) (Entered: 10/11/2018) |
| 10/11/2018 | 100 | PAPERLESS ORDER granting in part and denying in part the 99 Motion regarding the upcoming Preliminary Injunction Hearing. First, in light of the parties’ representation that no live testimony will be presented at the Preliminary Injunction Hearing, the parties are not required to file a Hearing Plan. Second, the parties are granted an extension to file their Exhibit Lists, which shall be filed by Monday, October 15 at 5:00 pm. Third, the deadline for Proposed Findings of Facts and Conclusions of Law is also extended. The parties shall simultaneously file Proposed Findings of Fact and Conclusions of Law at 5:00 pm. The proposed Findings of Fact and Conclusions of Law shall also be emailed to the chambers email (Rosenberg@flsd.uscourts.gov) in Word format. Fourth, the Plaintiffs’ request to delay the Hearing is denied. The Hearing shall commence on Thursday, October 18, 2018 at 9:00 am. Signed by Judge Robin L. Rosenberg on 10/11/2018. (kbs) (Entered: 10/11/2018) |
| 10/11/2018 | 101 | PAPERLESS ORDER clarifying the Court’s Order at DE 100. Proposed Findings of Fact and Conclusions of Law shall be filed simultaneously at 5:00 pm on Monday, October 15, 2018. The proposed Findings of Fact and Conclusions of Law shall also be emailed to the chambers email (Rosenberg@flsd.uscourts.gov) in Word format. Signed by Judge Robin L. Rosenberg on 10/11/2018. (kbs) (Entered: 10/11/2018) |
| 10/12/2018 | 102 | Defendant’s MOTION to Bring Electronic Equipment into the courtroom for Use at Preliminary Injunction Hearing by County of Palm Beach, Fl. Responses due by 10/26/2018 (Attachments: # 1 Text of Proposed Order)(Fahey, Rachel) (Entered: 10/12/2018) |
| 10/15/2018 | 103 | ORDER GRANTING DEFENDANT PALM BEACH COUNTYS MOTION TO ALLOW ELECTRONIC EQUIPMENT IN COURTROOM FOR USE AT PRELIMINARY INJUNCTION HEARING; granting 102 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Robin L. Rosenberg on 10/12/2018. See attached document for full details. (ail) (Entered: 10/15/2018) |
| 10/15/2018 | 104 | Exhibit and Witness List by City of Boca Raton, Florida.. (Flanigan, Anne) (Entered: 10/15/2018) |
| 10/15/2018 | 105 | Exhibit and Witness List by Julie H. Hamilton, Robert W. Otto.. (Gannam, Roger) (Entered: 10/15/2018) |
| 10/15/2018 | 106 | Exhibit and Witness List by County of Palm Beach, Fl.. (Fahey, Rachel) (Entered: 10/15/2018) |
| 10/15/2018 | 107 | MOTION to Bring Electronic Equipment into the courtroom at October 18, 2018 Preliminary Injunction Hearing by Julie H. Hamilton, Robert W. Otto. Responses due by 10/29/2018 (Attachments: # 1 Text of Proposed Order)(Mihet, Horatio) (Entered: 10/15/2018) |
| 10/15/2018 | 108 | Defendant’s MOTION to Bring Electronic Equipment into the courtroom by City of Boca Raton, Florida. Responses due by 10/29/2018 (Attachments: # 1 Text of Proposed Order Proposed Order)(Flanigan, Anne) (Entered: 10/15/2018) |
| 10/15/2018 | 109 | NOTICE by County of Palm Beach, Fl re 8 Renewed MOTION for Preliminary Injunction (with Certificate of Service indicating successful service of Complaint and PI Motion) proposed findings of fact and conclusions of law (Fahey, Rachel) (Entered: 10/15/2018) |
| 10/15/2018 | 110 | MOTION for Leave to File Excess Pages for Plaintiffs’ Proposed Findings of Fact and Conclusions of Law on Plaintiffs’ Motion for Preliminary Injunction by Julie H. Hamilton, Robert W. Otto. (Gannam, Roger) (Entered: 10/15/2018) |
| 10/15/2018 | 111 | Proposed Findings of Fact and Proposed Conclusions of Law on Plaintiffs’ Motion for Preliminary Injunction by Julie H. Hamilton, Robert W. Otto. (Gannam, Roger) (Entered: 10/15/2018) |
| 10/15/2018 | 112 | Proposed Findings of Fact and Proposed Conclusions of Law by City of Boca Raton, Florida. (Flanigan, Anne) (Entered: 10/15/2018) |
| 10/15/2018 | 113 | PAPERLESS ORDER granting 110 Motion for Leave to File Excess Pages. The Court accepts the document as filed at DE 111. Signed by Judge Robin L. Rosenberg on 10/15/2018. (kbs) (Entered: 10/15/2018) |
| 10/15/2018 | 114 | NOTICE of Attorney Appearance by Max Richard Price, Jr on behalf of Alliance for Therapeutic Choice. Attorney Max Richard Price, Jr added to party Alliance for Therapeutic Choice(pty:am). (Price, Max) (Entered: 10/15/2018) |
| 10/15/2018 | 115 | MOTION for Leave to File Amicus Brief by Alliance for Therapeutic Choice. (Attachments: # 1 Exhibit A)(Price, Max) (Entered: 10/15/2018) |
| 10/16/2018 | 116 | PAPERLESS ORDER granting Alliance for Therapeutic Choice’s Motion for Leave to File Amicus Brief 115 . The Court has “inherent authority” to grant such motions when the Court finds that amici may be able to present the Court with additional research and information. See In re Bayshore Food Trucks Sales, Inc., 471 F.3d 1233, 1249, n.34 (11th Cir. 2006). It is “solely within the discretion of the court to determine the fact, extent, and manner of participation of the amicus.” Resort Timeshare Resales, Inc. v. Stuart, 764 F. Supp. 1495, 1501 (S.D. Fla. 1991). The Court grants permission to the Alliance for Therapeutic Choice to file its brief in support of Plaintiffs’ Motion for Preliminary Injunction. The Court notes that other amicus briefs in this case had been due by September 18, 2018, DE 73. However, because the Alliance for Therapeutic Choice will be the first amicus to appear in support of the Plaintiffs’ Motion for Preliminary Injunction, the Court finds it appropriate to permit this filing at this time. The Court also notes that the Brief filed conditionally with the Alliance’s Motion at DE 115-1 is twenty-two pages. The other amicus briefs in this case were limited to twenty pages, DE 73, DE 90, DE 91. However, because there are two amicus briefs filed in opposition to Plaintiffs’ Motion for Preliminary Injunction, the Court finds it appropriate to permit this slight extension of the Alliance’s brief. Accordingly, the Alliance’s Motion 115 is granted, and the Court accepts the Amicus Brief as submitted at DE 115-1. Signed by Judge Robin L. Rosenberg on 10/16/2018. (kbs) (Entered: 10/16/2018) |
| 10/16/2018 | 117 | NOTICE by Julie H. Hamilton, Robert W. Otto OF COURTS POTENTIALLY DISQUALIFYING RELATIONSHIP WITH INTERESTED NON-PARTY WITNESS (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D) (Gannam, Roger) (Entered: 10/16/2018) |
| 10/16/2018 | 118 | ORDER granting 107 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Robin L. Rosenberg on 10/15/2018. See attached document for full details. (ail) (Entered: 10/16/2018) |
| 10/16/2018 | 119 | ORDER granting 108 Motion to Bring Electronic Equipment into the courtroom. Signed by Judge Robin L. Rosenberg on 10/15/2018. See attached document for full details. (ail) (Entered: 10/16/2018) |
| 10/19/2018 | 120 | TRANSCRIPT of Excerpt of Hearing Proceedings held on 9/12/2018 before Magistrate Judge Bruce E. Reinhart, 1-14 pages, Court Reporter: Bonnie Joy Lewis, 954-985-8875. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/9/2018. Redacted Transcript Deadline set for 11/19/2018. Release of Transcript Restriction set for 1/17/2019. (apz) (Entered: 10/22/2018) |
| 10/23/2018 | 121 | HEARING EXHIBITS 1-45 by County of Palm Beach, Fl. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41, # 42 Exhibit 42, # 43 Exhibit 43, # 44Exhibit 44, # 45 Exhibit 45)(Fahey, Rachel) (Entered: 10/23/2018) |
| 10/23/2018 | 122 | CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): 1-45 by Rachel Marie Fahey on behalf of County of Palm Beach, Fl (Fahey, Rachel) (Entered: 10/23/2018) |
| 10/23/2018 | 123 | PAPERLESS ORDER memorializing deadlines set at the Hearing on the Plaintiff’s Motion for Preliminary Injunction held on October 18, 2018. Pursuant to the parties’ agreement at the Hearing, the parties are ordered to simultaneously file Final Proposed Findings of Fact and Conclusions of Law at 5:00 pm on November 9, 2018. The Final Proposed Findings of Fact and Conclusions of Law shall also be emailed to the chambers email (Rosenberg@flsd.uscourts.gov) in Word format. The Court acknowledges that no formal page limit has been set for these filings. However, the parties are strongly encouraged to be as judicious as possible and to focus their attention on the most significant facts and legal arguments. Signed by Judge Robin L. Rosenberg on 10/23/2018. (kbs) (Entered: 10/23/2018) |
| 10/24/2018 | 124 | NOTICE of Filing Discovery: Errata by Julie H. Hamilton, Robert W. Otto. (Attachments: # 1 Errata Otto (transcript at DE 121-7), # 2 Errata Hamilton (transcript at DE 121-8))(Gannam, Roger) (Entered: 10/24/2018) |
| 10/24/2018 | 125 | PAPERLESS ORDER supplementing the Court’s Order at DE 123. In addition to the stated requirements in DE 123, the Court orders that citations to the record in the parties’ Final Proposed Findings of Fact and Conclusions of Law shall follow the exhibit numbering and pagination imposed by the CMECF system. In addition, the parties shall parenthetically provide a brief title that explains what the document is in a few words. To illustrate, a citation to Dr. Otto’s deposition would be formatted as follows: DE 121-7 (Dr. Otto Deposition), p. 15, lines 16-23. This format will aid the Court in avoiding any confusion about what record is being referenced. For all citations, whether to the record or case law, the parties are strongly encouraged to use as specific a pin cite as possible, referring to specific paragraphs or lines of a document when appropriate. Signed by Judge Robin L. Rosenberg on 10/24/2018. (kbs) (Entered: 10/24/2018) |
| 10/24/2018 | 126 | HEARING EXHIBITS 1-41 by Julie H. Hamilton, Robert W. Otto. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16, # 17 Exhibit 17, # 18 Exhibit 18, # 19 Exhibit 19, # 20 Exhibit 20, # 21 Exhibit 21, # 22 Exhibit 22, # 23 Exhibit 23, # 24 Exhibit 24, # 25 Exhibit 25, # 26 Exhibit 26, # 27 Exhibit 27, # 28 Exhibit 28, # 29 Exhibit 29, # 30 Exhibit 30, # 31 Exhibit 31, # 32 Exhibit 32, # 33 Exhibit 33, # 34 Exhibit 34, # 35 Exhibit 35, # 36 Exhibit 36, # 37 Exhibit 37, # 38 Exhibit 38, # 39 Exhibit 39, # 40 Exhibit 40, # 41 Exhibit 41)(Gannam, Roger) (Entered: 10/24/2018) |
| 11/02/2018 | 129 | TRANSCRIPT of Preliminary Injunction Hearing held on 10.18.2018 before Judge Robin L. Rosenberg, 1-254 pages, Court Reporter: Pauline Stipes, 561-803-3434 / Pauline_Stipes@flsd.uscourts.gov. Transcript may be viewed at the court public terminal or purchased by contacting the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER. Redaction Request due 11/23/2018. Redacted Transcript Deadline set for 12/3/2018. Release of Transcript Restriction set for 1/31/2019. (ps) (Entered: 11/02/2018) |
| 11/08/2018 | 130 | MOTION for Extension of Time TO FILE FINAL PROPOSED FINDINGS OF FACT AND CONCLUSIONS OF LAW ON PLAINTIFFS PRELIMINARY INJUNCTION MOTION AND REQUEST FOR EXPEDITED CONSIDERATION re 123 Order,,,, Set/Reset Deadlines,,, by Julie H. Hamilton, Robert W. Otto. Responses due by 11/23/2018 (Gannam, Roger) (Entered: 11/08/2018) |
| 11/08/2018 | 131 | PAPERLESS ORDER granting 130 Motion for Extension of Time. The parties are ordered to simultaneously file Final Proposed Findings of Fact and Conclusions of Law at 5:00 pm on Tuesday, November 13, 2018. The Final Proposed Findings of Fact and Conclusions of Law shall also be emailed to the chambers email (Rosenberg@flsd.uscourts.gov) in Word format. See docket entries 123 and 125 for additional requirements. Signed by Judge Robin L. Rosenberg on 11/8/2018. (kbs) (Entered: 11/08/2018) |
| 11/13/2018 | 132 | Proposed Findings of Fact and Proposed Conclusions of Law Plfs’ Renewed M-Preliminary Injunction {DE 8} by County of Palm Beach, Fl. (Fahey, Rachel) (Entered: 11/13/2018) |
| 11/13/2018 | 133 | Proposed Findings of Fact and Proposed Conclusions of Law On Plaintiff’s Motion For Preliminary Injunction As To Defendant, City Of Boca Raton by City of Boca Raton, Florida. (Abbott, Daniel) (Entered: 11/13/2018) |
| 11/13/2018 | 134 | Proposed Findings of Fact and Proposed Conclusions of Law by Julie H. Hamilton, Robert W. Otto. (Gannam, Roger) (Entered: 11/13/2018) |
| 12/03/2018 | 135 | PAPERLESS ORDER. The Court has received an email communication from Plaintiffs with questions regarding the status of the stay on discovery in this case. In regards to the plaintiffs’ questions, all pretrial deadlines in this case are hereby STAYED until the Court issues its Order on the Motion for Preliminary Injunction. Once the Court’s Order is issued, the Court will reinstate pretrial deadlines as appropriate, in consultation with the parties. Furthermore, the Court advises the parties that to the extent they seek any relief from the Court moving forward, a motion should be filed on the docket, pursuant to the Local Rules and the instructions to civil litigants found on the Court’s website (http://www.flsd.uscourts.gov/content/judge-robin-l-rosenberg), which the parties were directed to in the Court’s Trial Order at DE 11, page 16. Signed by Judge Robin L. Rosenberg on 12/3/2018. (kbs) (Entered: 12/03/2018) |
| 01/04/2019 | 136 | PAPERLESS ORDER cancelling 20 Discovery Status previously set for 1/10/2019 at 2:30PM in light of the District Court’s Order staying all pretrial deadlines and discovery at docket entry 135. Signed by Magistrate Judge Bruce E. Reinhart on 1/4/2019. (kry) Text on 1/7/2019 per DE 137 Order (ail). (Entered: 01/04/2019)) |
| 01/04/2019 | 137 | PAPERLESS ORDER amending 136 to clarify that the cancelled Discovery Status Conference had previously been set for 1/10/2019. The Court will enter a separate order scheduling a final discovery status conference when the stay is lifted. Signed by Magistrate Judge Bruce E. Reinhart on 1/4/2019. (kry) (Entered: 01/04/2019) |
| 01/30/2019 | 138 | Notice of Supplemental Authority re 8 Renewed MOTION for Preliminary Injunction (with Certificate of Service indicating successful service of Complaint and PI Motion) by Julie H. Hamilton, Robert W. Otto (Attachments: # 1 Exhibit A – Tampa MTD Order, # 2 Exhibit B – Tampa PI Order) (Mihet, Horatio) (Entered: 01/30/2019) |
| 02/12/2019 | 139 | Unopposed MOTION for Leave to File Unopposed Motion For Leave To File Response To Plaintiffs’ Notice Of Supplemental Authority In Support Of Preliminary Injunctionby City of Boca Raton, Florida. (Attachments: # 1 Exhibit A – Response to Plaintiffs’ Notice of Supplemental Authority)(Abbott, Daniel) (Entered: 02/12/2019) |
| 02/13/2019 | 140 | RESPONSE to Motion re 139 Unopposed MOTION for Leave to File Unopposed Motion For Leave To File Response To Plaintiffs’ Notice Of Supplemental Authority In Support Of Preliminary Injunction filed by Julie H. Hamilton, Robert W. Otto. Replies due by 2/20/2019. (Attachments: # 1 Exhibit A. Tampa ordinance, # 2 Exhibit B. Tampa complaint)(Gannam, Roger) (Entered: 02/13/2019) |
| 02/13/2019 | 141 | ORDER denying 8 Renewed Motion for Preliminary Injunction. The Court will set a status conference in this case in a separate order. Signed by Judge Robin L. Rosenberg on 2/13/2019. See attached document for full details. (wc) (Entered: 02/13/2019) |
| 02/13/2019 | 142 | Notice of Interlocutory Appeal as to 141 Order on Motion for Preliminary Injunction by Julie H. Hamilton, Robert W. Otto. Filing fee $ 505.00 receipt number 113C-11393749. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (Gannam, Roger) (Entered: 02/13/2019) |
| 02/14/2019 | Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re 142 Notice of Interlocutory Appeal, Notice has been electronically mailed. (apz) (Entered: 02/14/2019) | |
| 02/14/2019 | 143 | PAPERLESS ORDER Setting Status Conference. Status Conference set for 2/19/2019 01:30 PM in West Palm Beach Division before Judge Robin L. Rosenberg. The parties may appear telephonically. Call-in instructions: (1) Please call five (5) minutes prior to the Status Conference. (2) The toll-free number is: 1 (877) 873-8018. (3) The access code is: 9890482. (4) The security code is: 4008. Signed by Judge Robin L. Rosenberg on 2/14/2019. (kbs) (Entered: 02/14/2019) |
| 02/19/2019 | 144 | PAPERLESS ORDER. In advance of today’s status conference, the parties should be prepared to address their respective positions on staying this case pending the appeal of the Court’s Preliminary Injunction Order at DE 141. Prior to the status conference, the parties are ordered to meet and confer regarding their positions on this issue. To the extent the parties do not agree that the case should be stayed pending appeal, they must appear at the status conference with the legal grounds supporting their position, including any relevant rules and case law. Signed by Judge Robin L. Rosenberg on 2/19/2019. (kbs) (Entered: 02/19/2019) |
| 02/19/2019 | 145 | ORDER STAYING CASE. The parties joint ore tenus Motion to Stay is GRANTED. This case is STAYED. The Clerk of the Court shall CLOSE THIS CASE for statistical purposes. All pending motions and deadlines are TERMINATED. All hearings are CANCELLED. Motions terminated: 34 Defendant’s MOTION TO DISMISS 1 Complaint,, FOR FAILURE TO STATE A CLAIM Defendant, City Of Boca Raton’s Motion To Dismiss And Incorporated Memorandum Of Law filed by City of Boca Raton, Florida, 39 MOTION TO DISMISS 37 Notice (Other), 35 Notice (Other), 36 Notice (Other), 1 Complaint,, FOR FAILURE TO STATE A CLAIM filed by County of Palm Beach, Fl, 139 Unopposed MOTION for Leave to File Unopposed Motion For Leave To File Response To Plaintiffs’ Notice Of Supplemental Authority In Support Of Preliminary Injunction filed by City of Boca Raton, Florida. Signed by Judge Robin L. Rosenberg on 2/19/2019. See attached document for full details. (amb) (Entered: 02/20/2019) |
| 02/21/2019 | 146 | Acknowledgment of Receipt of NOA from USCA re 142Notice of Interlocutory Appeal, filed by Julie H. Hamilton, Robert W. Otto. Date received by USCA: 2/14/2019. USCA Case Number: 19-10604-A. (apz) (Entered: 02/22/2019) |
| 02/22/2019 | 147 | TRANSCRIPT INFORMATION FORM by Julie H. Hamilton, Robert W. Otto re 142 Notice of Interlocutory Appeal,. No Transcript Requested. (Mihet, Horatio) (Entered: 02/22/2019) |
| 04/12/2019 | 148 | Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Southern District of Florida certifies that the record is complete for purposes of this appeal re: 142 Notice of Interlocutory Appeal, Appeal No. 19-10604-AA. The entire record on appeal is available electronically. (hh) (Entered: 04/12/2019) |
| 07/29/2022 | 149 | MANDATE of USCA. REVERSED AND REMANDED order of the district court as to 142 Notice of Interlocutory Appeal, filed by Julie H. Hamilton, Robert W. Otto ; Date Issued: 7/29/2022 ; USCA Case Number: 19-10604-AA (kpe) (Entered: 08/01/2022) |
| 08/04/2022 | 150 | MOTION Lift Stay , MOTION for Preliminary Injunction , MOTION to Reopen Case and Set Scheduling Conference for Merits Litigation, and Request for Expedited Considerationby Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 08/04/2022) |
| 08/05/2022 | 151 | NOTICE by City of Boca Raton, Florida Notice of Filing Suggestion of Mootness (Attachments: # 1 Exhibit A – Ordinance) (Flanigan, Anne) (Entered: 08/05/2022) |
| 08/05/2022 | 152 | Statement of: Response in Opposition to City of Boca Raton’s Suggestion of Mootness by Julie H. Hamilton, Robert W. Otto re 151 Notice (Other) (Mihet, Horatio) (Entered: 08/05/2022) |
| 08/05/2022 | 153 | Defendant’s REPLY Defendant, City Of Boca Ratons Reply Regarding The Suggestion Of Mootness by City of Boca Raton, Florida. (Attachments: # 1 Exhibit A – Declaration of Mary Siddons)(Flanigan, Anne) (Entered: 08/05/2022) |
| 08/09/2022 | 154 | RESPONSE to Motion re 150 MOTION Lift Stay MOTION for Preliminary Injunction MOTION to Reopen Case and Set Scheduling Conference for Merits Litigation, and Request for Expedited Consideration filed by City of Boca Raton, Florida. Replies due by 8/16/2022. (Attachments: # 1 Exhibit A – Declaration of Mary Siddons)(Flanigan, Anne) (Entered: 08/09/2022) |
| 08/09/2022 | 155 | REPLY to Response to Motion re 150 MOTION Lift Stay MOTION for Preliminary Injunction MOTION to Reopen Case and Set Scheduling Conference for Merits Litigation, and Request for Expedited Consideration filed by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 08/09/2022) |
| 08/10/2022 | 156 | RESPONSE in Opposition re 150 MOTION Lift Stay MOTION for Preliminary Injunction MOTION to Reopen Case and Set Scheduling Conference for Merits Litigation, and Request for Expedited Consideration filed by County of Palm Beach, Fl. Attorney David Ricardo Fitzgerald Ottey added to party County of Palm Beach, Fl(pty:dft). Replies due by 8/17/2022. (Attachments: # 1 Exhibit Exhibit A, # 2 Exhibit Exhibit B, # 3 Exhibit Exhibit C)(Ottey, David Ricardo) (Entered: 08/10/2022) |
| 08/11/2022 | 157 | Second REPLY to Response to Motion re 150 MOTION Lift Stay MOTION for Preliminary Injunction MOTION to Reopen Case and Set Scheduling Conference for Merits Litigation, and Request for Expedited Consideration ; AND RENEWED EMERGENCY REQUEST FOR INJUNCTIVE RELIEF PRIOR TO 5 PM ON MONDAY, AUGUST 15, 2022filed by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 08/11/2022) |
| 08/11/2022 | 158 | PAPERLESS ORDER on the Plaintiffs’ Second Reply at docket entry 157, in connection with the Plaintiffs’ Motion to Lift Stay at docket entry 150, filed on August 4, 2022. In the Second Reply, the Plaintiffs represent to this Court that, if it “declines or delays [the entry of a preliminary injunction] beyond 5 p.m. on August 15, 2022, Plaintiffs will have no choice but to treat the Court’s delay as tantamount to denial, and to seek emergency relief from the Eleventh Circuit.” The Court’s “delay” is not tantamount to denial, as the Court has neither delayed in its resolution of the pending motion nor denied the pending motion. As for denial, the Court has yet to enter a decision. As to delay, the motion has, as of the time of entry of this order, been ripe for but a few hours. The Court will rule on the motion as soon as its resources permit it to do so. The Eleventh Circuit’s mandate to this Court is for it to enter a preliminary injunction “consistent with this opinion.” The Eleventh Circuit’s mandate is not for the Court to enter a preliminary injunction as unilaterally drafted by the Plaintiffs. The Court will carefully consider the briefing in connection with the pending motion and, as soon as it is able to do so, enter a ruling on the motion. The Court has not yet decided whether it will set a hearing on the motion and, if so, when the hearing will be held. Signed by Judge Robin L. Rosenberg (bkd) (Entered: 08/11/2022) |
| 08/12/2022 | 159 | NOTICE of Attorney Appearance by Edward George Guedes on behalf of City of Boca Raton, Florida. Attorney Edward George Guedes added to party City of Boca Raton, Florida(pty:dft). (Guedes, Edward) (Entered: 08/12/2022) |
| 08/12/2022 | 160 | NOTICE of Attorney Appearance by Jamie Alan Cole on behalf of City of Boca Raton, Florida. Attorney Jamie Alan Cole added to party City of Boca Raton, Florida(pty:dft). (Cole, Jamie) (Entered: 08/12/2022) |
| 08/15/2022 | 161 | NOTICE by Julie H. Hamilton, Robert W. Otto of Filing Time Sensitive Motion to the Eleventh Circuit Merits Panel to Enforce Mandate, Requesting Relief by August 18, 2022(Attachments: # 1 Exhibit A – Motion to Enforce Mandate) (Mihet, Horatio) (Entered: 08/15/2022) |
| 08/15/2022 | 162 | NOTICE by Julie H. Hamilton, Robert W. Otto of Interim Order from Eleventh Circuit on Plaintiffs’ Motion to Enforce Mandate (Attachments: # 1 Exhibit A – Interim Eleventh Circuit Order) (Mihet, Horatio) (Entered: 08/15/2022) |
| 08/16/2022 | 163 | NOTICE of Attorney Appearance by Marianna R Sarkisyan on behalf of County of Palm Beach, Fl. Attorney Marianna R Sarkisyan added to party County of Palm Beach, Fl(pty:dft). (Sarkisyan, Marianna) (Entered: 08/16/2022) |
| 08/16/2022 | 164 | NOTICE by County of Palm Beach, Fl re 156 Response in Opposition to Motion,, of Filing Affidavit of Ramsay Bulkeley in Support of Palm Beach Countys Response in Opposition to Plaintiffs Motion to Lift Stay, Enter Preliminary Injunction and Set Scheduling Conference for Merits Litigation and Request for Expedited Consideration (Attachments: # 1 Affidavit Affidavit of Ramsay Bulkeley, Executive Director, Palm Beach County Planning, Zoning, and Building Department) (Sarkisyan, Marianna) (Entered: 08/16/2022) |
| 08/16/2022 | 165 | NOTICE by County of Palm Beach, Fl re 156 Response in Opposition to Motion,, Amended Notice of Filing Affidavit of Ramsay Bulkeley in Support of Palm Beach Countys Response in Opposition to Plaintiffs Motion to Lift Stay, Enter Preliminary Injunction and Set Scheduling Conference for Merits Litigation and Request for Expedited Consideration (Attachments: # 1 Affidavit Affidavit of Ramsay Bulkeley, Executive Director, Palm Beach County Planning, Zoning, and Building Department) (Sarkisyan, Marianna) (Entered: 08/16/2022) |
| 08/17/2022 | 166 | NOTICE by Julie H. Hamilton, Robert W. Otto of Writ of Mandamus Order from the Eleventh Circuit Court of Appeals (Attachments: # 1 Exhibit A – Writ of Mandamus) (Mihet, Horatio) (Entered: 08/17/2022) |
| 08/17/2022 | 167 | ORDER of USCA. The petition for a writ of mandamus is GRANTED as follows: the district court is directed to comply with this Court’s mandate and enter a preliminary injunction by 5:00 p.m. on Friday, August 19, 2022 re 142Notice of Interlocutory Appeal, filed by Julie H. Hamilton, Robert W. Otto. USCA #19-10604-AA. (apz) (Entered: 08/18/2022) |
| 08/18/2022 | 168 | ORDER granting 150 Motion to Lift Stay and Enter Preliminary Injunction. Signed by Judge Robin L. Rosenberg See attached document for full details. (bkd) (Entered: 08/18/2022) |
| 08/24/2022 | 169 | NOTICE by City of Boca Raton, Florida re 151 Notice (Other) Defendant, City of Boca Raton’s Notice of Filing Supplement To Suggestion of Mootness (Attachments: # 1 Exhibit A – Ordinance 5626) (Flanigan, Anne) (Entered: 08/24/2022) |
| 08/24/2022 | 170 | NOTICE of Attorney Appearance by Eric Lee Reichenberger on behalf of County of Palm Beach, Fl. Attorney Eric Lee Reichenberger added to party County of Palm Beach, Fl(pty:dft). (Reichenberger, Eric) (Entered: 08/24/2022) |
| 08/25/2022 | 171 | NOTICE by Julie H. Hamilton, Robert W. Otto re 168 Order on Motion for Miscellaneous Relief, Order on Motion for Preliminary Injunction, Order on Motion to Reopen Case JOINT NOTICE OF CASE PROCEDURAL PROPOSAL(Mihet, Horatio) (Entered: 08/25/2022) |
| 08/31/2022 | 172 | ORDER REFERRING CASE to Magistrate Judge Bruce Reinhart for Discovery. Signed by Judge Robin L. Rosenberg on 8/31/2022. See attached document for full details. (nan) (Entered: 09/01/2022) |
| 09/06/2022 | 173 | PAPERLESS ORDER Setting Status Conference. In light of the Court’s Order at ECF No. 172, a Status Conference is set for 9/13/2022 at 2:00 PM via Zoom before Magistrate Judge Bruce E. Reinhart. The Court will e-mail the Zoom link to counsel prior to the Status Conference. Signed by Magistrate Judge Bruce E. Reinhart on 9/6/2022. (kso) (Entered: 09/06/2022) |
| 09/08/2022 | 174 | NOTICE by County of Palm Beach, Fl re 171 Notice (Other) Defendant, County of Palm Beach, Floridas, Notice of Filing Executed Copy of Ordinance No. 2022-020 (Attachments: # 1 Ordinance No. 2022-020) (Sarkisyan, Marianna) (Entered: 09/08/2022) |
| 09/13/2022 | 175 | PAPERLESS Minute Entry for proceedings held before Magistrate Judge Bruce E. Reinhart: Status Conference held on 9/13/2022 via zoom. Total time in court: 25 minutes. (kso) (Entered: 09/13/2022) |
| 09/13/2022 | 176 | ORDER directing Plaintiffs to file a motion for leave to amend the Complaint. Signed by Magistrate Judge Bruce E. Reinhart on 9/13/2022. See attached document for full details. (kso) (Entered: 09/13/2022) |
| 09/30/2022 | 177 | Unopposed MOTION for Extension of Time to Amend by Julie H. Hamilton, Robert W. Otto. Responses due by 10/14/2022 (Attachments: # 1 Text of Proposed Order)(Gannam, Roger) (Entered: 09/30/2022) |
| 09/30/2022 | 178 | PAPERLESS ORDER granting 177 Unopposed Motion for Extension of Time to File Motion for Leave to Amend Complaint. On or before October 13, 2022 Plaintiffs shall file a motion for leave to amend the Complaint. On or before October 24, 2022 Defendants shall respond to the motion for leave to amend the Complaint. Signed by Magistrate Judge Bruce E. Reinhart on 9/30/2022. (kso) (Entered: 09/30/2022) |
| 10/13/2022 | 179 | MOTION for Leave to File First Amended Complaint by Julie H. Hamilton, Robert W. Otto. (Attachments: # 1 Exhibit A – Proposed First Amended Complaint)(Mihet, Horatio) (Entered: 10/13/2022) |
| 10/24/2022 | 180 | NOTICE by City of Boca Raton, Florida re 179 MOTION for Leave to File First Amended Complaint Defendant, City of Boca Raton’s Notice of Non-Objection To Plaintiffs’ Motion For Leave To File First Amended Complaint (Abbott, Daniel) (Entered: 10/24/2022) |
| 10/25/2022 | 181 |
PAPERLESS ORDER granting 179 Plaintiff’s Motion for Leave to File First Amended Complaint. The City of Boca Raton filed a notice of non-objection to the motion. The County of Palm Beach did not file a timely response.
On or before Friday, October 28, 2022 at 5:00 pm Eastern Time, Plaintiff shall file its First Amended Complaint. On or before Thursday, November 10, 2022 at 5:00 pm Eastern Time, Defendants shall respond to Plaintiff’s First Amended Complaint. Signed by Magistrate Judge Bruce E. Reinhart on 10/25/2022. (kso) (Entered: 10/25/2022) |
| 10/25/2022 | Set/Reset Deadlines/Hearings per order de#181. Amended Complaint due by 10/28/2022. (drz) (Entered: 10/25/2022) | |
| 10/28/2022 | 182 | First AMENDED COMPLAINT against All Defendants filed in response to Order Granting Motion for Leave, filed by Robert W. Otto, Julie H. Hamilton. (Attachments: # 1 Exhibit A – City Ordinance, # 2 Exhibit B – County Ordinance, # 3 Exhibit C – APA Report, # 4 Exhibit D – Cummings Article, # 5 Exhibit E – AcPeds Statement, # 6 Exhibit F – BMQA Letter, # 7 Exhibit G – California Letter)(Mihet, Horatio) (Entered: 10/28/2022) |
| 11/10/2022 | 183 | Defendant’s MOTION TO DISMISS 182 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by City of Boca Raton, Florida. Responses due by 11/28/2022 (Abbott, Daniel) (Entered: 11/10/2022) |
| 11/10/2022 | 184 | Defendant’s MOTION to Dismiss for Lack of Jurisdiction 182 Amended Complaint/Amended Notice of Removal, , Defendant’s MOTION TO DISMISS 182 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM ( Responses due by 11/28/2022) by County of Palm Beach, Fl. (Reichenberger, Eric) (Entered: 11/10/2022) |
| 11/17/2022 | 185 | PAPERLESS ORDER REFERRING for appropriate disposition the Defendants’ Motions to Dismiss at docket entries 183 and 184. The Motions are referred to Judge Bruce E. Reinhart. Signed by Judge Robin L. Rosenberg (bkd) (Entered: 11/17/2022) |
| 11/23/2022 | 186 | MOTION for Extension of Time to File Response/Reply/Answer to Defendants’ motions to dismiss the Amended Complaint (PARTIALLY UNOPPOSED), MOTION for Leave to File One Consolidated Response with Enlargement of Page Limit by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 11/23/2022) |
| 11/23/2022 | 187 |
PAPERLESS ORDER granting 186 Plaintiffs’ Partially Unopposed Motion for Extension of Time to File Response to Defendants’ Motions to Dismiss and Motion for Leave to File Consolidated Response with Enlargement of Page Limit.
On or before December 19, 2022, Plaintiffs shall file one consolidated response to Defendants motions to dismiss the Amended Complaint, and that response shall not exceed thirty-five pages. Signed by Magistrate Judge Bruce E. Reinhart on 11/23/2022. (kso) (Entered: 11/23/2022) |
| 12/19/2022 | 188 | RESPONSE in Opposition re 183 Defendant’s MOTION TO DISMISS 182 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM , 184 Defendant’s MOTION to Dismiss for Lack of Jurisdiction 182 Amended Complaint/Amended Notice of Removal, Defendant’s MOTION TO DISMISS 182 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by Julie H. Hamilton, Robert W. Otto. Replies due by 12/27/2022. (Attachments: # 1 Exhibit A – Boca Raton Resolution 84-2022)(Mihet, Horatio) (Entered: 12/19/2022) |
| 12/21/2022 | 189 | Joint MOTION for Extension of Time to File Response/Reply/Answer as to 188 Response in Opposition to Motion,, Defendants’ Motions to Dismiss Plaintiffs’ First Amended Complaint by County of Palm Beach, Fl. (Sarkisyan, Marianna) (Entered: 12/21/2022) |
| 12/21/2022 | 190 |
PAPERLESS ORDER granting 189 Unopposed Motion for Extension of Time to Reply to Plaintiffs’ Consolidated Response in Opposition to Defendants’ Motions to Dismiss Plaintiffs’ First Amended Complaint.
Defendants shall file their replies on or before 1/6/2023. Signed by Magistrate Judge Bruce E. Reinhart on 12/21/2022. (kso) (Entered: 12/21/2022) |
| 01/06/2023 | 191 | RESPONSE in Support re 183 Defendant’s MOTION TO DISMISS 182 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM Defendant, City of Boca Raton’s Reply In Support of Motion to Dismiss filed by City of Boca Raton, Florida. (Abbott, Daniel) (Entered: 01/06/2023) |
| 01/07/2023 | 192 | Defendant’s REPLY to Response to Motion re 184 Defendant’s MOTION to Dismiss for Lack of Jurisdiction 182 Amended Complaint/Amended Notice of Removal, Defendant’s MOTION TO DISMISS 182 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by County of Palm Beach, Fl. (Reichenberger, Eric) (Entered: 01/07/2023) |
| 01/07/2023 | 193 | Unopposed MOTION for Extension of Time To Deem Timely Defendant’s Reply to Plaintiffs’ Consolidated Response re 192 Reply to Response to Motion, by County of Palm Beach, Fl. Responses due by 1/23/2023 (Reichenberger, Eric) (Entered: 01/07/2023) |
| 01/09/2023 | 194 | PAPERLESS ORDER granting 193 Defendant Palm Beach County’s Unopposed Motion for Extension of Time to Deem Timely Defendant’s Reply to Plaintiffs’ Consolidated Response in Opposition to Defendants’ Motions to Dismiss Plaintiffs’ First Amended Complaint. Defendant Palm Beach County’s Reply 192 is deemed timely filed. Signed by Magistrate Judge Bruce E. Reinhart on 1/9/2023. (kso) (Entered: 01/09/2023) |
| 01/27/2023 | 195 | ORDER ON REQUEST FOR JURISDICTIONAL DISCOVERY. Signed by Magistrate Judge Bruce E. Reinhart on 1/27/2023. See attached document for full details. (pc) (Entered: 01/27/2023) |
| 02/09/2023 | 196 | NOTICE of Acceptance with Offer of Judgment by Julie H. Hamilton, Robert W. Otto only as to claims against the City of Boca Raton (Attachments: # 1 Exhibit A – City’s Offer of Judgment to Otto, # 2 Exhibit B – City’s Offer of Judgment to Hamilton) (Mihet, Horatio) (Entered: 02/09/2023) |
| 02/09/2023 | 197 | MOTION for Discovery on Subject Matter Jurisdiction by Julie H. Hamilton, Robert W. Otto. Responses due by 2/23/2023 (Attachments: # 1 Exhibit A – Document Requests to City, # 2 Exhibit B – Document Requests to County, # 3 Exhibit C – Notice of Deposition of Defendants County and City, # 4 Exhibit D – Deposition Duces Tecum Subpoena to Non-party Rand Hoch, # 5 Exhibit E – Deposition Duces Tecum Subpoena to Non-party Palm Beach County Human Rights Council)(Mihet, Horatio) (Entered: 02/09/2023) |
| 02/13/2023 | 198 | Defendant’s MOTION for Extension of Time to File Response/Reply/Answer as to 197 MOTION for Discovery on Subject Matter Jurisdiction by County of Palm Beach, Fl. (Sarkisyan, Marianna) (Entered: 02/13/2023) |
| 02/14/2023 | 199 | RESPONSE in Opposition re 198 Defendant’s MOTION for Extension of Time to File Response/Reply/Answer as to 197 MOTION for Discovery on Subject Matter Jurisdiction filed by Julie H. Hamilton, Robert W. Otto. Replies due by 2/21/2023. (Mihet, Horatio) (Entered: 02/14/2023) |
| 02/14/2023 | 200 | PAPERLESS ORDER granting in part and denying in part 198 Defendant Palm Beach County’s Motion for Extension of Time to File Response to Plaintiffs’ Motion for Leave to Take Jurisdictional Discovery. Defendant Palm Beach County may respond to Plaintiffs’ Motion for Leave to take Jurisdictional Discovery on or before February 27, 2023. Plaintiffs’ may reply to Defendant’s response on or before March 10, 2023. Signed by Magistrate Judge Bruce E. Reinhart on 2/14/2023. (kso) (Entered: 02/14/2023) |
| 02/22/2023 | 201 | RESPONSE in Opposition re 197 MOTION for Discovery on Subject Matter Jurisdiction Defendant, City of Boca Raton’s Response In Opposition To Plaintiffs’ Motion To Take Jurisdictional Discovery filed by City of Boca Raton, Florida. Replies due by 3/1/2023. (Abbott, Daniel) (Entered: 02/22/2023) |
| 02/27/2023 | 202 | RESPONSE in Opposition re 197 MOTION for Discovery on Subject Matter Jurisdiction filed by County of Palm Beach, Fl. Replies due by 3/6/2023. (Sarkisyan, Marianna) (Entered: 02/27/2023) |
| 03/03/2023 | 203 | NOTICE of Acceptance with Offer of Judgment by Julie H. Hamilton, Robert W. Otto and Request for Entry of Final Judgment (Attachments: # 1 Exhibit A – County’s Offer of Judgment to Plaintiff Otto, # 2 Exhibit B – County’s Offer of Judgment to Plaintiff Hamilton) (Mihet, Horatio) (Entered: 03/03/2023) |
| 03/06/2023 | 204 | PAPERLESS ORDER requiring the Plaintiff to submit proposed final judgments in Microsoft Word format, after conferral with the Defendants, to rosenberg@flsd.uscourts.gov. Signed by Judge Robin L. Rosenberg (bkd) (Entered: 03/06/2023) |
| 03/09/2023 | 205 | REPORT AND RECOMMENDATIONS re 183 Defendant’s MOTION TO DISMISS, 184 Defendant’s MOTION to Dismiss for Lack of Jurisdiction 197 Plaintiffs’ MOTION for Jurisdictional Discovery. Objections to R&R due by 3/23/2023 Signed by Magistrate Judge Bruce E. Reinhart See attached document for full details. (BER) (Entered: 03/09/2023) |
| 03/14/2023 | 206 | NOTICE by City of Boca Raton, Florida re 205 REPORT AND RECOMMENDATIONS re 183 Defendant’s MOTION TO DISMISS 182 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by City of Boca Raton, Florida, 184 Defendant’s MOTION to Dismiss for La Defendant, City of Boca Raton’s Notice of Non-Objection To Report And Recommendation (Abbott, Daniel) (Entered: 03/14/2023) |
| 03/14/2023 | 207 | NOTICE by County of Palm Beach, Fl re 205 REPORT AND RECOMMENDATIONS re 183 Defendant’s MOTION TO DISMISS 182 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by City of Boca Raton, Florida, 184 Defendant’s MOTION to Dismiss for La Defendant, Palm Beach County’s Notice of Non-Objection to the March 9, 2023 Report and Recommendation (Sarkisyan, Marianna) (Entered: 03/14/2023) |
| 03/14/2023 | 208 | NOTICE by Julie H. Hamilton, Robert W. Otto re 205 REPORT AND RECOMMENDATIONS re 183 Defendant’s MOTION TO DISMISS 182 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM filed by City of Boca Raton, Florida, 184 Defendant’s MOTION to Dismiss for La NOTICE OF NON-OBJECTION FROM PLAINTIFFS (Mihet, Horatio) (Entered: 03/14/2023) |
| 03/30/2023 | 209 | PAPERLESS ORDER. At docket entry 204, the Court ordered the Plaintiff to submit a proposed final judgment to the Court’s e-mail address. No proposed final judgment has been received. The Plaintiff is again ORDERED to provide a proposed final judgment, in Microsoft Word format, to rosenberg@flsd.uscourts.gov after conferral with the Defendants. The Plaintiff shall e-mail his proposed final judgment by April 5, 2023. Signed by Judge Robin L. Rosenberg (bkd) (Entered: 03/30/2023) |
| 03/31/2023 | 210 | PAPERLESS ORDER denying as moot 183 Motion to Dismiss for Failure to State a Claim; denying as moot 184 Motion to Dismiss for Lack of Jurisdiction; denying as moot 184 Motion to Dismiss for Failure to State a Claim; denying as moot 197 Motion for Discovery; and adopting 205 Report and Recommendations. Signed by Judge Robin L. Rosenberg (bkd) (Entered: 03/31/2023) |
| 04/06/2023 | 211 | FINAL JUDGMENT in favor of Julie H. Hamilton, Robert W. Otto against City of Boca Raton, Florida, County of Palm Beach, Fl. Signed by Judge Robin L. Rosenberg on 4/6/2023. See attached document for full details. (pc) (Entered: 04/06/2023) |
| 04/11/2023 | 212 | PAPERLESS ORDER CLOSING CASE. See DE 211. Signed by Judge Robin L. Rosenberg (bkd) (Entered: 04/11/2023) |
| 05/08/2023 | 213 | Unopposed MOTION for Bill of Costs (Partially Unopposed) by Julie H. Hamilton, Robert W. Otto. Responses due by 5/22/2023 (Attachments: # 1 Memorandum in Support of Bill of Costs)(Mihet, Horatio) (Entered: 05/08/2023) |
| 05/22/2023 | 214 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 213 Unopposed MOTION for Bill of Costs (Partially Unopposed) Defendant, City Of Boca Ratons Unopposed Motion For Extension Of Time To Respond To Plaintiffs Bill Of Costs by City of Boca Raton, Florida. (Attachments: # 1 Text of Proposed Order proposed Order)(Flanigan, Anne) (Entered: 05/22/2023) |
| 05/22/2023 | 215 | PAPERLESS ORDER granting 214 Motion for Extension of Time to File Response/Reply to Motion. The Defendant City of Boca Raton’s response is due May 26, 2023. Signed by Judge Robin L. Rosenberg (ccr) (Entered: 05/22/2023) |
| 05/22/2023 | Set/Reset Deadlines/Hearings per order de#215 as to 213 Unopposed MOTION for Bill of Costs (Partially Unopposed). Responses due by 5/26/2023 (drz) (Entered: 05/22/2023) | |
| 05/23/2023 | 216 | Joint MOTION for Extension of Time Joint Motion For Extension Of Deadline To File Motion For Attorneys Fees And Non-Taxable Expenses by City of Boca Raton, Florida. Responses due by 6/6/2023 (Attachments: # 1 Text of Proposed Order proposed Order)(Flanigan, Anne) (Entered: 05/23/2023) |
| 05/24/2023 | 217 | ORDER GRANTING 216 JOINT MOTION FOR EXTENSION OF DEADLINE TO FILE MOTION FOR ATTORNEY’S FEES AND NON-TAXABLE EXPENSES Plaintiffs, Robert W. Otto and Julie H. Hamilton shall have through and until June 12, 2023, to file a motion for attorney’s fees and non-taxable costs. Signed by Judge Robin L. Rosenberg on 5/24/2023. See attached document for full details. (jbs) (Entered: 05/24/2023) |
| 05/26/2023 | 218 | RESPONSE to Motion re 213 Unopposed MOTION for Bill of Costs (Partially Unopposed) filed by City of Boca Raton, Florida. Replies due by 6/2/2023. (Flanigan, Anne) (Entered: 05/26/2023) |
| 06/02/2023 | 219 | PAPERLESS ORDER. On May 8, 2023, the Plaintiff moved for costs to be awarded in this case. The City of Boca Raton responded to the Plaintiff’s motion on May 26. The other Defendant in this case, Palm Beach County, has not responded. The Court orders Palm Beach County to respond to the Plaintiff’s motion for costs 213 on or before 5:00 p.m. on Thursday, June 8. The Plaintiff may reply on or before 5:00 p.m. on Thursday, June 15. Signed by Judge Robin L. Rosenberg (ccr) (Entered: 06/02/2023) |
| 06/08/2023 | 220 | RESPONSE to Motion re 213 Unopposed MOTION for Bill of Costs (Partially Unopposed) filed by County of Palm Beach, Fl. Replies due by 6/15/2023. (Sarkisyan, Marianna) (Entered: 06/08/2023) |
| 06/12/2023 | 221 | MOTION for Attorney Fees and Nontaxable Expenses by Julie H. Hamilton, Robert W. Otto. Responses due by 6/26/2023 (Attachments: # 1 Exhibit A – Mihet Declaration, # 2 Exhibit A1 – Time Report, # 3 Exhibit A2 – Nontaxable Expense Report and Invoices)(Mihet, Horatio) (Entered: 06/12/2023) |
| 06/14/2023 | 222 | PAPERLESS ORDER REFERRING 221 MOTION for Attorney Fees and Nontaxable Expenses to Judge Reinhart for all appropriate disposition. Signed by Judge Robin L. Rosenberg (ccr) (Entered: 06/14/2023) |
| 06/15/2023 | 223 | Defendant’s MOTION for Leave to File Excess Pages by Fifteen Pages by County of Palm Beach, Fl. (Sarkisyan, Marianna) (Entered: 06/15/2023) |
| 06/15/2023 | 224 | REPLY to Response to Motion re 213 Unopposed MOTION for Bill of Costs (Partially Unopposed) filed by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 06/15/2023) |
| 06/16/2023 | 225 | PAPERLESS ORDER taking under advisement 223 Defendant’s Motion for Leave to File Excess Pages and ORDERING Plaintiff to file a response to the motion by 5:00 p.m. on 6/20/23. Signed by Magistrate Judge Bruce E. Reinhart on 6/16/2023. (hk02) (Entered: 06/16/2023) |
| 06/20/2023 | 226 | RESPONSE in Opposition re 223 Defendant’s MOTION for Leave to File Excess Pages by Fifteen Pages filed by Julie H. Hamilton, Robert W. Otto. Replies due by 6/27/2023. (Gannam, Roger) (Entered: 06/20/2023) |
| 06/21/2023 | 227 | PAPERLESS ORDER granting 223 Defendant Palm Beach County’s Motion for Leave to File Excess Pages. Defendant Palm Beach County may file a response to 221 Plaintiffs’ Motion for Attorneys’ Fees and Non-taxable Expenses and Costs that does not exceed 30 pages. Plaintiffs may file a reply that does not exceed 20 pages. Signed by Magistrate Judge Bruce E. Reinhart on 6/21/2023. (kso) (Entered: 06/21/2023) |
| 06/26/2023 | 228 | RESPONSE in Opposition re 221 MOTION for Attorney Fees and Nontaxable Expenses filed by County of Palm Beach, Fl. Replies due by 7/3/2023. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5, # 6 Exhibit 6, # 7 Exhibit 7, # 8 Exhibit 8, # 9 Exhibit 9, # 10 Exhibit 10, # 11 Exhibit 11, # 12 Exhibit 12, # 13 Exhibit 13, # 14 Exhibit 14, # 15 Exhibit 15, # 16 Exhibit 16)(Sarkisyan, Marianna) (Entered: 06/26/2023) |
| 06/26/2023 | 229 | RESPONSE to Motion re 221 MOTION for Attorney Fees and Nontaxable Expenses Defendant, City Of Boca Ratons Response To Plaintiffs Motion For Attorneys Fees And Non-Taxable Expenses filed by City of Boca Raton, Florida. Replies due by 7/3/2023. (Attachments: # 1 Exhibit A – Fees Reduction Spreadsheet, # 2 Exhibit B – Affidavit, # 3 Exhibit C – Objections to Time Report, # 4 Exhibit D – Time Report, # 5 Exhibit E – Objections to Non-Taxable Expenses)(Flanigan, Anne) (Entered: 06/26/2023) |
| 06/28/2023 | 230 | EXPEDITED MOTION for Extension of Time to File Consolidated Reply in Support of Motion for Attorney’s Fees (Partially Unopposed) re 229 Response to Motion,, 228 Response in Opposition to Motion, by Julie H. Hamilton, Robert W. Otto. (Gannam, Roger) (Entered: 06/28/2023) |
| 06/28/2023 | 231 | PAPERLESS ORDER granting 230 Plaintiffs’ Partially Unopposed Expedited Motion for Extension of Time to File Consolidated Reply in Support of Motion for Attorney’s Fees. On or before July 17, 2023, Plaintiffs may file a consolidated reply of up to 30 pages in support of their Motion for Attorney’s Fees and Non-Taxable Expenses and Costs 221 . Signed by Magistrate Judge Bruce E. Reinhart on 6/28/2023. (kso) (Entered: 06/28/2023) |
| 06/28/2023 | Set/Reset Deadlines/Hearings per order DE#231 as to 221 MOTION for Attorney Fees and Nontaxable Expenses. Responses due by 7/17/2023 (drz) (Entered: 06/28/2023) | |
| 07/07/2023 | 232 | ORDER GRANTING PARTIALLY UNOPPOSED BILL OF COSTS:granting in part 213 Motion for Bill of Costs. Signed by Judge Robin L. Rosenberg on 7/7/2023. See attached document for full details. (pc) (Entered: 07/07/2023) |
| 07/13/2023 | 233 | EXPEDITED MOTION Second Extension of Time to File Consolidated Reply in Support of Motion for Attorney’s Fees (Partially Unopposed) re 229 Response to Motion,, 228 Response in Opposition to Motion, by Julie H. Hamilton, Robert W. Otto. (Gannam, Roger) (Entered: 07/13/2023) |
| 07/13/2023 | 234 | PAPERLESS ORDER granting 233 Plaintiffs’ Partially Unopposed Expedited Motion for Second Extension of Time to File Consolidated Reply in Support of Motion for Attorney’s Fees. Reply due July 20, 2023. Signed by Magistrate Judge Bruce E. Reinhart on 7/13/2023. (kso) (Entered: 07/13/2023) |
| 07/14/2023 | Reset Deadlines Per DE#234 Replies due by 7/20/2023. (cqs) (Entered: 07/14/2023) | |
| 07/20/2023 | 235 | REPLY to Response to Motion re 221 MOTION for Attorney Fees and Nontaxable Expenses filed by Julie H. Hamilton, Robert W. Otto. (Gannam, Roger) (Entered: 07/20/2023) |
| 07/21/2023 | 236 | Defendant’s MOTION for Leave to File Sur-Reply by County of Palm Beach, Fl. (Sarkisyan, Marianna) (Entered: 07/21/2023) |
| 07/24/2023 | 237 | PAPERLESS ORDER denying 236 Defendant Palm Beach County’s MOTION for Leave to File Sur-Reply. Signed by Magistrate Judge Bruce E. Reinhart on 7/24/2023. (kso) (Entered: 07/24/2023) |
| 08/30/2023 | 238 | Unopposed MOTION to Withdraw as Attorney by Roger K. Gannam for / by Julie H. Hamilton, Robert W. Otto. Responses due by 9/13/2023 (Gannam, Roger) (Entered: 08/30/2023) |
| 08/30/2023 | 239 | ORDER granting 238 Motion to Withdraw as Attorney. Roger K. Gannam representing Otto, Robert W. (Plaintiff) and Hamilton, Julie H. (Plaintiff) withdrawn from case. Signed by Judge Robin L. Rosenberg on 8/30/2023. See attached document for full details. (pc) (Entered: 08/30/2023) |
| 11/01/2023 | 240 | REPORT AND RECOMMENDATION re 221 MOTION for Attorney Fees and Nontaxable Expenses filed by Julie H. Hamilton, Robert W. Otto. Recommending District Court award Plaintiffs $736,887.45 in costs under §1988 consisting of $736,227.53 in attorneys’ fees and $659.92 in non-taxable expenses. Objections to R&R due by 11/15/2023. Signed by Magistrate Judge Bruce E. Reinhart on 11/1/2023. See attached document for full details. (kso) (Entered: 11/01/2023) |
| 11/13/2023 | 241 | Unopposed MOTION for Extension of Time to file Objections to Report and Recommendation on Plaintiffs’ Motion for Fees and Costs ; and Request for Expedited Consideration by Julie H. Hamilton, Robert W. Otto. Responses due by 11/27/2023 (Mihet, Horatio) (Entered: 11/13/2023) |
| 11/13/2023 | 242 | PAPERLESS ORDER granting 241 Motion for Extension of Time. The Plaintiffs shall have up to and including November 22, 2023 to file any objections to Judge Reinhart’s Report and Recommendation on Motion for Attorney’s Fees and Non-taxable Expenses and Costs. Signed by Judge Robin L. Rosenberg (tfn) (Entered: 11/13/2023) |
| 11/13/2023 | Set/Reset Deadlines/Hearings per order de#242 as to 240 REPORT AND RECOMMENDATIONS re 221 MOTION for Attorney Fees and Nontaxable Expenses filed by Julie H. Hamilton, Robert W. Otto Recommending District Court award Plaintiffs $736,887.45 in costs under §1988 consisting of $736,. Objections to R&R due by 11/22/2023 (drz) (Entered: 11/13/2023) | |
| 11/15/2023 | 243 | OBJECTIONS to 240 Report and Recommendations Defendant, City Of Boca Ratons Objection To Report And Recommendation On Motion For Attorneys Fees And Non-Taxable Expenses And Costs by City of Boca Raton, Florida. (Flanigan, Anne) (Entered: 11/15/2023) |
| 11/15/2023 | 244 | OBJECTIONS to 240 Report and Recommendations Defendant, Palm Beach County Objections to Report and Recommendation on Motion for Attorney’s Fees and Non-Taxable Expenses and Costs by County of Palm Beach, Fl. (Sarkisyan, Marianna) (Entered: 11/15/2023) |
| 11/22/2023 | 245 | Unopposed MOTION for Leave to File Excess Pages in Plaintiffs’ Objections to Report and Recommendation on Attorney’s Fees and Costs by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 11/22/2023) |
| 11/22/2023 | 246 | OBJECTIONS to 240 Report and Recommendations on Attorney’s Fees and Costs by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 11/22/2023) |
| 11/27/2023 | 247 | PAPERLESS ORDER granting 245 Motion for Leave to File Excess Pages. Signed by Judge Robin L. Rosenberg (tfn) (Entered: 11/27/2023) |
| 11/29/2023 | 248 | RESPONSE TO OBJECTION to 240 Report and Recommendations by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 11/29/2023) |
| 12/01/2023 | 249 | Joint MOTION for Extension of Time to File Response/Reply/Answer as to 248 Response to Objection to Report and Recommendations by County of Palm Beach, Fl. (Sarkisyan, Marianna) (Entered: 12/01/2023) |
| 12/04/2023 | 250 | PAPERLESS ORDER granting 249 Motion for Extension of Time to File a Response to Plaintiffs’ Objections to Report and Recommendation on Motion for Attorney’s Fees and Non-Taxable Expenses and Costs. The Defendants’ responses are due by December 15, 2023. Signed by Judge Robin L. Rosenberg (tfn) (Entered: 12/04/2023) |
| 12/06/2023 | 251 | Defendant’s REPLY to 240 REPORT AND RECOMMENDATIONS re 221 MOTION for Attorney Fees and Nontaxable Expenses filed by Julie H. Hamilton, Robert W. Otto Recommending District Court award Plaintiffs $736,887.45 in costs under §1988 consisting of $736, Defendant, City Of Boca Ratons Reply In Support Of Objection To Report And Recommendation On Motion For Attorneys Fees And Non-Taxable Expenses And Costs by City of Boca Raton, Florida. (Flanigan, Anne) (Entered: 12/06/2023) |
| 12/14/2023 | 252 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 246 Objections to Report and Recommendations by County of Palm Beach, Fl. (Sarkisyan, Marianna) (Entered: 12/14/2023) |
| 12/15/2023 | 253 | Defendant’s RESPONSE to 246 Objections to Report and Recommendations Defendant, City of Boca Ratons Response To Plaintiffs Objections To Report And Recommendation On Motion For Attorneys Fees And Non-Taxable Expenses And Costs by City of Boca Raton, Florida. (Abbott, Daniel) (Entered: 12/15/2023) |
| 12/15/2023 | 254 | Defendant’s RESPONSE to 246 Objections to Report and Recommendations on Motion for Attorneys Fees and Non-Taxable Expenses and Costs by County of Palm Beach, Fl. (Sarkisyan, Marianna) (Entered: 12/15/2023) |
| 12/19/2023 | 255 | PAPERLESS ORDER denying as moot 252 Motion for Extension of Time since the Defendant Palm Beach County filed the Response at DE 254. Signed by Judge Robin L. Rosenberg (tfn) (Entered: 12/19/2023) |
| 12/19/2023 | 256 | Unopposed MOTION for Extension of Time to File Response/Reply/Answer Reply in Support of Plaintiffs’ Objections to the Report and Recommendation on Attorney’s Fees and Costs by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 12/19/2023) |
| 12/21/2023 | 257 | PAPERLESS ORDER granting 256 Motion for Extension of Time to File Reply to the Defendants’ Responses to the Plaintiffs’ Objections to Magistrate Judge’s Report and Recommendation. The Plaintiffs shall have up to and including January 12, 2024 to file their reply. Signed by Judge Robin L. Rosenberg (tfn) (Entered: 12/21/2023) |
| 01/11/2024 | 258 | REPLY to 254 Response/Reply (Other), 253 Response/Reply (Other), Plaintiffs’ Reply ISO Objections to Report and Recommendation on Fees and Costs by Julie H. Hamilton, Robert W. Otto. (Mihet, Horatio) (Entered: 01/11/2024) |
| 01/17/2024 | 259 | ORDER ADOPTING MAGISTRATE’S REPORT AND RECOMMENDATIONS. The Magistrate Judge’s Report and Recommendation [DE 240 ] is hereby ADOPTED in its entirety and The Plaintiff’s Motion for Attorney’s Fees [DE 221 ] is GRANTED IN PART AND DENIED IN PART in so far as the Plaintiffs are awarded $736,887.45 in costs consisting of $736,227.53 in attorneys’ fees and $659.92 in non-taxable expenses. Those costs shall be shared equally by the Defendants. Signed by Judge Robin L. Rosenberg on 1/16/2024. See attached document for full details. (nan) (Entered: 01/17/2024) |
| 02/13/2024 | 260 | Notice of Appeal as to 259 Order Adopting Report and Recommendations,,, Order on Motion for Attorney Fees,,, Order on Report and Recommendations,, by Julie H. Hamilton, Robert W. Otto. Filing fee $ 605.00 receipt number AFLSDC-17289747. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form www.flsd.uscourts.gov/forms/all-forms. (Mihet, Horatio) (Entered: 02/13/2024) |
| 02/13/2024 | Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re 260 Notice of Appeal, Notice has been electronically mailed. (apz) (Entered: 02/13/2024) | |
| 02/16/2024 | 261 | Notice of Appeal as to 259 Order Adopting Report and Recommendations,,, Order on Motion for Attorney Fees,,, Order on Report and Recommendations,, by City of Boca Raton, Florida. Filing fee $ 605.00 receipt number AFLSDC-17300062. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form www.flsd.uscourts.gov/forms/all-forms. (Guedes, Edward) (Entered: 02/16/2024) |
| 02/16/2024 | 262 | Acknowledgment of Receipt of NOA from USCA re 260 Notice of Appeal, filed by Julie H. Hamilton, Robert W. Otto. Date received by USCA: 2/13/2024. USCA Case Number: 24-10478-C. (apz) (Entered: 02/20/2024) |
| 02/20/2024 | 263 | Unopposed MOTION to Deposit Funds Defendant, City of Boca Raton’s Unopposed Motion To Deposit Money Into Court Registry by City of Boca Raton, Florida. (Abbott, Daniel) (Entered: 02/20/2024) |
| 02/20/2024 | 264 | TRANSCRIPT INFORMATION FORM by City of Boca Raton, Florida re 260 Notice of Appeal,, 261 Notice of Appeal,,. No Transcript Requested. (Guedes, Edward) (Entered: 02/20/2024) |
| 02/21/2024 | 265 | TRANSCRIPT INFORMATION FORM by Julie H. Hamilton, Robert W. Otto re 260 Notice of Appeal,,. No Transcript Requested. (Mihet, Horatio) (Entered: 02/21/2024) |
| 02/21/2024 | 266 | PAPERLESS ORDER. Defendant City of Boca Raton is ORDERED to provide the Court with a proposed order granting its Motion at DE 263 in Microsoft Word format, at rosenberg@flsd.uscourts.gov, by up to and including February 28, 2024. Signed by Judge Robin L. Rosenberg (tfn) (Entered: 02/21/2024) |
| 02/21/2024 | Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re 261 Notice of Appeal, Notice has been electronically mailed. (apz) (Entered: 02/21/2024) |
Last updated 03/07/2024
Reconciled with online docket 02/23/2024