Case: Amaya Cruz v. Miami-Dade County

maya Cruz v. Miami-Dade County

No Court

Southern Poverty Law Center

COMPLAINT for declaratory judgment and damages against All Defendants. Filing fees $ 402.00 receipt number AFLSDC-15359410, filed by Christian Pallidine, Gabriela Amaya Cruz, Angel Jae Torres Bucci. (Attachments: # 1 Civil Cover Sheet, # 2 Civil Cover Sheet Attachment)(McCoy, Scott) (Entered: 01/31/2022)

1 Civil Cover Sheet

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2 Civil Cover Sheet Attachment

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Clerks Notice of Judge Assignment to Judge Kathleen M. Williams. (kpe) (Entered: 01/31/2022)

Bar Letter re: Admissions sent to attorney Aaron Fleisher, Jennifer Vail, Gabriel Arkles, Shayna Medley, mailing date January 31, 2022, (pt) (Entered: 01/31/2022)

NOTICE Of Filing Exhibits To The Complaint by Gabriela Amaya Cruz, Christian Pallidine, Angel Jae Torres Bucci re 1 Complaint, Exhibits A-H (Attachments: # 1 Exhibit Ex. A to Complaint, # 2 Exhibit Ex. B to Complaint, # 3 Exhibit Ex. C to Complaint, # 4 Exhibit Ex. D to Complaint, # 5 Exhibit Ex. E. to Complaint, # 6 Exhibit Ex. F to Complaint, # 7 Exhibit Ex. G to Complaint, # 8 Exhibit Ex. H to Complaint) (McCoy, Scott) (Entered: 01/31/2022)

Clerk's Notice of Judge Assignment and Optional Consent

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer Vail. Filing Fee $ 200.00 Receipt # AFLSDC-15365191 by Gabriela Amaya Cruz, Christian Pallidine, Angel Jae Torres Bucci. Responses due by 2/15/2022 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(McCoy, Scott) (Entered: 02/01/2022)

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Aaron Fleisher. Filing Fee $ 200.00 Receipt # AFLSDC-15365387 by Gabriela Amaya Cruz, Christian Pallidine, Angel Jae Torres Bucci. Responses due by 2/15/2022 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(McCoy, Scott) (Entered: 02/01/2022)

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Z. Gabriel Arkles. Filing Fee $ 200.00 Receipt # AFLSDC-15365450 by Gabriela Amaya Cruz, Christian Pallidine, Angel Jae Torres Bucci. Responses due by 2/15/2022 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(McCoy, Scott) (Entered: 02/01/2022)

MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shayna Medley. Filing Fee $ 200.00 Receipt # AFLSDC-15365476 by Gabriela Amaya Cruz, Christian Pallidine, Angel Jae Torres Bucci. Responses due by 2/15/2022 (Attachments: # 1 Certification, # 2 Text of Proposed Order)(McCoy, Scott) (Entered: 02/01/2022)

ORDER OF REFERRAL AND NOTICE OF COURT PRACTICES AND PROCEDURES. REFERRING CASE to Magistrate Judge Chris M. McAliley for all Discovery Disputes and Non-Dispositive Pretrial Motions Signed by Judge Kathleen M. Williams on 2/18/2022. See attached document for full details. (jas) (Entered: 02/18/2022)

CERTIFICATE of Counsel re 9 Order Referring Case to Magistrate Judge,, Notice of Court Practice/to Appear/Other, Verified Certificate of Counsel Regarding Any Prior Filings under the ADA by Scott D. McCoy on behalf of Gabriela Amaya Cruz, Christian Pallidine, Angel Jae Torres Bucci (Attachments: # 1 Affidavit Z Gabriel Arkles Verification, # 2 Exhibit Ex. A to Arkles Verification - Stubbs, # 3 Exhibit Ex. B to Arkles Verification - Coronado, # 4 Exhibit Ex. C to Arkles Verification - Latimer, # 5 Exhibit Ex. D to Arkles Verification - JC) (McCoy, Scott) (Entered: 02/28/2022)

Activate Terminated Attorney

PAPERLESS ORDER denying without prejudice 5 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jennifer Vail. Local counsel did not include the following language in his Consent: "Movant consents to be designated as a member of the Bar of this Court"; and although Mr. McCoy did consent to "who shall be required to electronically file and serve all documents and things that may be filed and served electronically", he did not consent to "and who shall be responsible for filing and serving documents in compliance with the CM/ECF Administrative Procedures. See Section 2B of the CM/ECF Administrative Procedures." Local counsel may find a sample motion on the Court's website and refile the motion. Signed by Magistrate Judge Chris M. McAliley on 3/1/2022. (rr00) (Entered: 03/01/2022)

PAPERLESS ORDER denying without prejudice 6 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Aaron Fleisher. Local counsel did not include the following language in his Consent: "Movant consents to be designated as a member of the Bar of this Court"; and although Mr. McCoy did consent to "who shall be required to electronically file and serve all documents and things that may be filed and served electronically", he did not consent to "and who shall be responsible for filing and serving documents in compliance with the CM/ECF Administrative Procedures. See Section 2B of the CM/ECF Administrative Procedures." Local counsel may find a sample motion on the Court's website and refile the motion. Signed by Magistrate Judge Chris M. McAliley on 3/1/2022. (rr00) (Entered: 03/01/2022)

PAPERLESS ORDER denying without prejudice 7 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Z. Gabriel Arkles. Local counsel did not include the following language in his Consent: "Movant consents to be designated as a member of the Bar of this Court"; and although Mr. McCoy did consent to "who shall be required to electronically file and serve all documents and things that may be filed and served electronically", he did not consent to "and who shall be responsible for filing and serving documents in compliance with the CM/ECF Administrative Procedures. See Section 2B of the CM/ECF Administrative Procedures." Local counsel may find a sample motion on the Court's website and refile the motion. Signed by Magistrate Judge Chris M. McAliley on 3/1/2022. (rr00) (Entered: 03/01/2022)

PAPERLESS ORDER denying without prejudice 8 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Shayna Medley. Shayna Medley could not be located in the Ohio State Bar as listed in the Certification. Additionally, local counsel did not include the following language in his Consent: "Movant consents to be designated as a member of the Bar of this Court"; and although Mr. McCoy did consent to "who shall be required to electronically file and serve all documents and things that may be filed and served electronically", he did not consent to "and who shall be responsible for filing and serving documents in compliance with the CM/ECF Administrative Procedures. See Section 2B of the CM/ECF Administrative Procedures." Local counsel may find a sample motion on the Court's website and refile the motion. Signed by Magistrate Judge Chris M. McAliley on 3/1/2022. (rr00) (Entered: 03/01/2022)

Attorney Aaron Fleisher representing Amaya Cruz, Gabriela (Plaintiff) and Pallidine, Christian (Plaintiff) and Torres Bucci, Angel Jae (Plaintiff); ; Attorney Jennifer Vail representing Amaya Cruz, Gabriela (Plaintiff) and Pallidine, Christian (Plaintiff); and Torres Bucci, Angel Jae (Plaintiff); Activated. (pt)

Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jennifer Vail. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 5 Motion to Appear Pro Hac Vice, by Angel Jae Torres Bucci. Responses due by 3/15/2022 (Attachments: # 1 Certification Vail Certification, # 2 Text of Proposed Order)(McCoy, Scott) (Entered: 03/01/2022)

Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Aaron Fleisher. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 6 Motion to Appear Pro Hac Vice, by Angel Jae Torres Bucci. Responses due by 3/15/2022 (Attachments: # 1 Certification Aaron Fleisher, # 2 Text of Proposed Order)(McCoy, Scott) (Entered: 03/01/2022)

Attorney Z. Gabriel Arkles representing Amaya Cruz, Gabriela (Plaintiff) and Pallidine, Christian (Plaintiff) and Torres Bucci, Angel Jae (Plaintiff); Activated. (pt)

Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Z. Gabriel Arkles. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 7 Motion to Appear Pro Hac Vice, by Gabriela Amaya Cruz, Christian Pallidine, Angel Jae Torres Bucci. Responses due by 3/15/2022 (Attachments: # 1 Certification Z Gabriel Arkles, # 2 Text of Proposed Order)(McCoy, Scott) (Entered: 03/01/2022)

Corrected MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Shayna Medley. Filing Fee $ 200.00 Amended/Corrected Motion to Appear Pro Hac Vice Filed - Filing Fees Previously Paid. See 8 Motion to Appear Pro Hac Vice, by Gabriela Amaya Cruz, Christian Pallidine, Angel Jae Torres Bucci. Responses due by 3/15/2022 (Attachments: # 1 Certification Shayna Medley, # 2 Text of Proposed Order)(McCoy, Scott) (Entered: 03/01/2022)

Attorney Shayna Medley representing Amaya Cruz, Gabriela (Plaintiff) and Pallidine, Christian (Plaintiff) and Torres Bucci, Angel Jae (Plaintiff); Activated. (pt)

Order on Motion to Appear Pro Hac Vice

~Util - Activate Terminated Attorney

ORDER granting 15 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Jennifer Vail. Signed by Magistrate Judge Chris M. McAliley on 3/3/2022. See attached document for full details. (rr00) (Entered: 03/03/2022)

ORDER granting 16 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Aaron Fleisher. Signed by Magistrate Judge Chris M. McAliley on 3/3/2022. See attached document for full details. (rr00) (Entered: 03/03/2022)

ORDER granting 17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Z. Gabriel Arkles. Signed by Magistrate Judge Chris M. McAliley on 3/3/2022. See attached document for full details. (rr00) (Entered: 03/03/2022)

ORDER granting 18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Shayna Medley. Signed by Magistrate Judge Chris M. McAliley on 3/3/2022. See attached document for full details. (rr00) (Entered: 03/03/2022)

PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. It is ORDERED AND ADJUDGED that, pursuant to Rule 4(m) of the Federal Rules of Civil Procedure, Plaintiffs shall effectuate service of process and file proof of service of the Complaint on all Defendants no later than May 2, 2022. All claims against any Defendant that has not been served with notice of this action by that day - evidenced by valid proof of service filed to the docket - will be dismissed pursuant to Rule 4(m). Signed by Judge Kathleen M. Williams on 4/8/2022. (sgm) (Entered: 04/08/2022)

- Order (PAPERLESS or pdf attached)

NOTICE Of Mediation And Motion For Extension Of Time For Service Of Process by Gabriela Amaya Cruz, Christian Pallidine, Angel Jae Torres Bucci re 23 Order,, Notice of Mediation and Motion for Extension of Time for Service of Process (McCoy, Scott) (Entered: 04/12/2022)

PAPERLESS ORDER. THIS MATTER is before the Court on 24 Plaintiffs' Motion for Extension of Time to Serve Defendants. It is ORDERED AND ADJUDGED that 24 Plaintiffs' Motion for Extension is GRANTED. On or before July 30, 2022, Plaintiffs shall serve any and all Defendants in this matter. No further extensions will be granted. All claims against any Defendant that has not been served with notice of this action by the extended deadline - evidenced by valid proof of service filed on the docket - will be dismissed pursuant to Rule 4(m) of the Federal Rules of Civil Procedure. Signed by Judge Kathleen M. Williams on 4/12/2022. (sgm) (Entered: 04/12/2022)

- Order (PAPERLESS or pdf attached)

NOTICE of Settlement (Tentative) and Extension of Time by Gabriela Amaya Cruz, Christian Pallidine, Angel Jae Torres Bucci (McCoy, Scott) (Entered: 07/25/2022)

PAPERLESS ORDER REQUIRING JOINT STIPULATION OF DISMISSAL AND ADMINISTRATIVELY CLOSING CASE. THIS MATTER is before the Court on 26 the notice indicating that the Parties have reached a settlement in this matter.Accordingly, it is ORDERED AND ADJUDGED that on or before September 23, 2022, Defendants shall enter an appearance in this case and the Parties shall file a joint stipulation of dismissal. If the Parties wish for the Court to retain jurisdiction, they are advised that they must submit the settlement agreement for review and any stipulation must comply with the Eleventh Circuit's holding in Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272 (11th Cir. 2012). Otherwise, the dismissal of this matter is effective upon Defendants' appearance in this case and the filing of the Parties' joint stipulation of dismissal. Id. The Parties may not file a joint stipulation of dismissal or seek approval of the settlement agreement, unless and until Defendants make an appearance in this case.If Defendants fail to make an appearance in this case and/or the Parties fail to file the joint stipulation of dismissal by this date, the Court will dismiss this case for lack of prosecution pursuant to Fed. R. Civ. P. 41(b), given that the Court has twice extended the Fed. R. Civ. P. 4(m) deadline for Plaintiffs to serve Defendants. See Solis v. CitiMortgage, Inc., 700 F. App'x 965, 969 (11th Cir. 2017) (quoting Lopez v. Aransas Cnty. Indep. Sch. Dist., 570 F.2d 541, 544 (5th Cir. 1978)) ("Although [Fed. R. Civ. P. 41(b)] is phrased in terms of dismissal on the motion of the defendant, it is clear that the power is inherent in the [C]ourt and may be exercised sua sponte whenever necessary to achieve the orderly and expeditious disposition of cases."); Dynasty Mgmt., LLC v. Alsina, 2016 WL 9382937, at *2 (S.D. Fla. Oct. 5, 2016) ("A district court has the authority to sua sponte dismiss a case under its inherent power to manage its docket...or for want of prosecution when necessary to maintain the orderly administration of justice....").In the interim, this case is CLOSED for administrative purposes. Any pending motions are DENIED AS MOOT. Any deadlines, hearings, and/or trial settings are CANCELED. Signed by Judge Kathleen M. Williams on 7/26/2022. (sgm) (Entered: 07/26/2022)

Order Dismissing/Closing Case or Party

NOTICE of Voluntary Dismissal With Prejudice Due To Settlement by Gabriela Amaya Cruz, Christian Pallidine, Angel Jae Torres Bucci (Attachments: # 1 Exhibit A - Amaya Cruz Pallidine Settlement, # 2 Exhibit B - Torres Settlement) (McCoy, Scott) (Entered: 09/23/2022)

1 Exhibit A - Amaya Cruz Pallidine Settlement

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2 Exhibit B - Torres Settlement

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PAPERLESS ORDER. THIS MATTER is before the Court on 28 Plaintiffs' Notice of Voluntary Dismissal with Prejudice. Having reviewed 28 the Notice and the underlying record, it is ORDERED AND ADJUDGED that this case is DISMISSED WITH PREJUDICE. Signed by Judge Kathleen M. Williams on 9/23/2022. (sgm) (Entered: 09/23/2022)

Order Dismissing/Closing Case or Party