1
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COMPLAINT against City of Miami. Filing fees $ 402.00 receipt number AFLSDC-16174909, filed by Yanelis Valdes, South Dade Branch of the NAACP, Jared Johnson, Engage Miami, Inc., Alexandra Contreras, GRACE, Inc., Miami-Dade Branch of the NAACP, Clarice Cooper. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Warren, Nicholas) (Entered: 12/15/2022)
1 Civil Cover Sheet
View on PACER
2 Summon(s)
View on PACER
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Dec. 15, 2022
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Dec. 15, 2022
RECAP
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2
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Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (rbe) (Entered: 12/15/2022)
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Dec. 15, 2022
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Dec. 15, 2022
PACER
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3
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Summons Issued as to City of Miami. (rbe) (Entered: 12/15/2022)
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Dec. 15, 2022
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Dec. 15, 2022
PACER
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4
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Bar Letter re: Admissions sent to attorney Neil A. Steiner, Christopher J. Merken, mailing date December 15, 2022, (pt) (Entered: 12/15/2022)
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Dec. 15, 2022
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Dec. 15, 2022
RECAP
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5
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Neil A. Steiner. Filing Fee $ 200.00 Receipt # AFLSDC-16176168 by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, South Dade Branch Of The NAACP, Yanelis Valdes. Responses due by 12/29/2022 (Attachments: # 1 Certification of Neil A. Steiner, # 2 Text of Proposed Order)(Warren, Nicholas) (Entered: 12/15/2022)
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Dec. 15, 2022
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Dec. 15, 2022
PACER
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6
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Christopher J. Merken. Filing Fee $ 200.00 Receipt # AFLSDC-16176211 by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, South Dade Branch Of The NAACP, Yanelis Valdes. Responses due by 12/29/2022 (Attachments: # 1 Certification of Christopher J. Merken, # 2 Text of Proposed Order)(Warren, Nicholas) (Entered: 12/15/2022)
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Dec. 15, 2022
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Dec. 15, 2022
PACER
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Clerk's Notice of Judge Assignment and Optional Consent
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Dec. 15, 2022
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Dec. 15, 2022
PACER
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7
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PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 12/16/2022. (fpi) (Entered: 12/16/2022)
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Dec. 16, 2022
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Dec. 16, 2022
PACER
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8
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PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Lauren F. Louis's discovery procedures. Signed by Judge K. Michael Moore on 12/16/2022. (fpi) (Entered: 12/16/2022)
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Dec. 16, 2022
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Dec. 16, 2022
PACER
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9
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SUMMONS (Affidavit) Returned Executed on 1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Yanelis Valdes, South Dade Branch Of The NAACP, Jared Johnson, Engage Miami, Inc., Alexandra Contreras, GRACE, Inc., Miami-Dade Branch Of The NAACP, Clarice Cooper. City of Miami served on 12/16/2022, response/answer due 1/6/2023. (Warren, Nicholas) (Entered: 12/16/2022)
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Dec. 16, 2022
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Dec. 16, 2022
PACER
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10
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PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Motions to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Neil A. Steiner and Christopher J. Merken. 5, 6 . UPON CONSIDERATION of the Motions, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motions ( 5, 6 ) are GRANTED. Neil A. Steiner and Christopher J. Merken may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: (1) Neil.Steiner@dechert.com; and (2) Christopher.Merken@dechert.com. Signed by Judge K. Michael Moore on 12/16/2022. (fpi) (Entered: 12/16/2022)
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Dec. 16, 2022
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Dec. 16, 2022
PACER
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Pretrial Order
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Dec. 16, 2022
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Dec. 16, 2022
PACER
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Order Referring Case to Magistrate Judge
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Dec. 16, 2022
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Dec. 16, 2022
PACER
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Order on Motion to Appear Pro Hac Vice AND Order on Motion to Appear Pro Hac Vice
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Dec. 16, 2022
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Dec. 16, 2022
PACER
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11
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Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, by City of Miami. Attorney Marlene Quintana added to party City of Miami(pty:dft). (Attachments: # 1 Text of Proposed Order)(Quintana, Marlene) (Entered: 01/05/2023)
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Jan. 5, 2023
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Jan. 5, 2023
PACER
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12
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PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for an Extension of Time. 11 . Therein, Defendant requests a twenty-one (21) day extension of time to respond to Plaintiff's Complaint 1 because Defense counsel is still in the process of being retained and consulting with its client regarding the action. See 11 at 1. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 11 is GRANTED. Defendant shall file its response to Plaintiff's Complaint 1 on or before January 30, 2023. Signed by Judge K. Michael Moore on 1/6/2023. (fpi) (Entered: 01/06/2023)
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Jan. 6, 2023
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Jan. 6, 2023
PACER
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Order on Motion for Extension of Time to File Response/Reply/Answer
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Jan. 6, 2023
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Jan. 6, 2023
PACER
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13
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NOTICE of Attorney Appearance by Andre Velosy Bardos on behalf of City of Miami. Attorney Andre Velosy Bardos added to party City of Miami(pty:dft). (Bardos, Andre) (Entered: 01/23/2023)
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Jan. 23, 2023
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Jan. 23, 2023
PACER
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14
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NOTICE of Attorney Appearance by Jason Lawrence Unger on behalf of City of Miami. Attorney Jason Lawrence Unger added to party City of Miami(pty:dft). (Unger, Jason) (Entered: 01/23/2023)
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Jan. 23, 2023
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Jan. 23, 2023
PACER
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15
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NOTICE of Change of Address, Email or Law Firm Name by Jason Lawrence Unger (Unger, Jason) (Entered: 01/23/2023)
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Jan. 23, 2023
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Jan. 23, 2023
PACER
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16
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MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jocelyn Kirsch. Filing Fee $ 200.00 Receipt # AFLSDC-16265865 by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, South Dade Branch Of The NAACP, Yanelis Valdes. Responses due by 2/8/2023 (Attachments: # 1 Certification of Jocelyn Kirsch, # 2 Proposed Order)(Warren, Nicholas) (Entered: 01/25/2023)
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Jan. 25, 2023
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Jan. 25, 2023
PACER
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17
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NOTICE of Attorney Appearance by George Ty Levesque on behalf of City of Miami. Attorney George Ty Levesque added to party City of Miami(pty:dft). (Levesque, George) (Entered: 01/25/2023)
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Jan. 25, 2023
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Jan. 25, 2023
PACER
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18
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PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Jocelyn Kirsch. 16 . UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 16 is GRANTED. Jocelyn Kirsch may appear pro hac vice in this matter. The Clerk of Court shall provide electronic notification of all electronic filings to: Jocelyn.Kirsch@dechert.com. Signed by Judge K. Michael Moore on 1/25/2023. (fpi) (Entered: 01/25/2023)
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Jan. 25, 2023
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Jan. 25, 2023
PACER
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Order on Motion to Appear Pro Hac Vice
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Jan. 25, 2023
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Jan. 25, 2023
PACER
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19
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Defendant's MOTION TO DISMISS 1 Complaint, FOR FAILURE TO STATE A CLAIM Plaintiff's Complaint by City of Miami. Responses due by 2/13/2023 (Quintana, Marlene) (Entered: 01/30/2023)
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Jan. 30, 2023
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Jan. 30, 2023
PACER
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20
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NOTICE of Attorney Appearance by Christopher N. Johnson on behalf of City of Miami. Attorney Christopher N. Johnson added to party City of Miami(pty:dft). (Johnson, Christopher) (Entered: 01/31/2023)
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Jan. 31, 2023
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Jan. 31, 2023
PACER
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21
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Unopposed MOTION for Leave to File Excess Pages by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, South Dade Branch Of The NAACP, Yanelis Valdes. (Warren, Nicholas) (Entered: 01/31/2023)
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Jan. 31, 2023
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Jan. 31, 2023
PACER
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22
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PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion for Leave to File Excess Pages. 21 . Therein, Plaintiffs request that they be permitted to file "a preliminary injunction motion and incorporated memorandum of law of 50 pages, and a reply memorandum of 20 pages." Id. at 1. Plaintiffs also aver that they "do not oppose Defendant having leave to file an opposing memorandum of 50 pages." Id. While the Court understands that the nature of the underlying dispute in this action is complex, the Parties' Motion assumes that the instant action is the only case on the Court's docket. The Parties ask for significantly more than double the standard page-lengths as prescribed by Local Rule 7.1(c)(2). See S.D. Fla. L.R. 7.1(c)(2) ("Absent prior permission of the Court, neither a motion and its incorporated memorandum of law nor the opposing memorandum of law shall exceed twenty (20) pages; a reply memorandum shall not exceed ten (10) pages."). Considering that Plaintiffs' Complaint itself is 55 pages (and Defendant was able to summarize its 12(b)(6) arguments in a mere sixteen pages), the Court is confident that, through succinct writing and tactful references to other documents, neither Party will need fifty pages to state their positions at this juncture. Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that the Motion 21 is GRANTED IN PART. Plaintiffs may file a motion for preliminary injunction, and Defense may respond, with up to 35 pages as counted by Local Rule 7.1(c). Plaintiffs may reply to Defendant's opposition with up to 15 pages as counted by Local Rule 7.1(c). Signed by Judge K. Michael Moore on 2/1/2023. (fpi) (Entered: 02/01/2023)
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Feb. 1, 2023
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Feb. 1, 2023
PACER
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Order on Motion for Leave to File Excess Pages
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Feb. 1, 2023
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Feb. 1, 2023
PACER
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23
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First AMENDED COMPLAINT against City of Miami, filed by Yanelis Valdes, South Dade Branch Of The NAACP, Jared Johnson, Engage Miami, Inc., Alexandra Contreras, GRACE, Inc., Miami-Dade Branch Of The NAACP, Clarice Cooper, Steven Miro.(Warren, Nicholas) (Entered: 02/10/2023)
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Feb. 10, 2023
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Feb. 10, 2023
RECAP
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24
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NOTICE by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes of Filing Exhibits in Support of Motion for Preliminary Injunction (Attachments: # 1 Res. 22-131, # 2 Master Rep. for Res. 22-131, # 3 11/18/21 Slide Presentation, # 4 2/7/22 Slide Presentation, # 5 2/7/22 Presentation Outline, # 6 2/7/22 Cody Memo, # 7 2/25/22 Slide Presentation, # 8 3/11/22 Slide Presentation, # 9 3/11/22 Initial Russell Plan Presentation, # 10 3/24/22 Slide Presentation, # 11 Tr. 1 (11/18/21), # 12 Tr. 2 (12/9/21), # 13 Tr. 3 (2/7/22), # 14 Tr. 4A (2/25/22 AM), # 15 Tr. 4B (2/25/22 PM), # 16 Tr. 5A (3/11/22 AM), # 17 Tr. 5B (3/11/22 PM), # 18 Tr. 6 (3/24/22), # 19 1/25/21 Flechas Article, # 20 2/26/21 Flechas Article, # 21 6/22/21 Turner Article, # 22 3/4/22 Ceballos Article, # 23 12/15/22 Ceballos Article, # 24 12/29/22 Flechas Article, # 25 1/9/23 Flechas Article, # 26 First Russell Resignation Letter, # 27 Second Russell Resignation Letter, # 28 First ACLU-FL Letter, # 29 Second ACLU-FL Letter, # 30 Email from SOE's Office, # 31 Abott Report, # 32 Moy Report, # 33 Donaldson Declaration, # 34 Pelham Declaration, # 35 Ford Declaration, # 36 Pierre Declaration, # 37 Cooper Declaration, # 38 Johnson Declaration, # 39 Miro Declaration, # 40 Contreras Declaration, # 41 Valdes Declaration, # 42 11/21/96 Chardy Article, # 43 12/30/96 Branch Article, # 44 1/20/97 Branch Article, # 45 3/13/97 Garcia Article, # 46 3/14/97 Garcia Article, # 47 3/15/97 Herald Article, # 48 3/15/97 Herald Article, # 49 5/5/97 Branch Article, # 50 6/19/97 Chardy Article, # 51 6/24/97 Herald Article, # 52 6/25/97 Branch Article, # 53 6/27/97 Branch Article, # 54 6/29/97 Branch Article, # 55 7/2/97 Branch Article, # 56 7/3/97 Branch Article, # 57 7/3/97 Herald Editorial, # 58 7/4/97 Branch Article, # 59 7/11/97 Branch Article, # 60 7/12/97 Balmaseda Column, # 61 7/14/97 Patterson Column, # 62 7/20/97 Hampton Op-Ed, # 63 9/5/97 Viglucci Article, # 64 9/5/97 Branch & Keating Article, # 65 11/5/97 Viglucci Article, # 66 6/8/12 McGrory Article, # 67 2/14/13 McGrory Article, # 68 2/15/13 McGrory Article, # 69 4/26/13 Rabin Article, # 70 5/24/13 Rabin Article, # 71 Res. 97-495, # 72 Res. 03-448, # 73 Res. 13-208, # 74 Agenda Item Summary Form for Res. 13-208, # 75 2/14/13 Commission Minutes, # 76 2013 Initial Report, # 77 2013 Second Report, # 78 2013 Final Report, # 79 2013 Presentation, # 80 1997 Plan, # 81 2003 Plan, # 82 2013 Plan, # 83 2022 Enacted Plan, # 84 Feb. 7 Draft, # 85 Feb. 22 Draft/Base Plan, # 86 Russell Sketch, # 87 Initial Russell Plan, # 88 Revised Russell Plan, # 89 Reyes Plan, # 90 2022 Precinct Map, # 91 2020 Voting Tabulation Districts, # 92 2/1/22 District Demographic Analysis, # 93 2/1/23 District Demographic Analysis) (Warren, Nicholas) Link Modified on 2/10/2023 (scn). (Entered: 02/10/2023)
56
View on RECAP
57
View on RECAP
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Feb. 10, 2023
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Feb. 10, 2023
PACER
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25
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PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's filing of its First Amended Complaint. 23 . The amended complaint moots Defendant's Motion to Dismiss. 19 . Accordingly, UPON CONSIDERATION of the Amended Complaint 23, the pertinent portions of the record, and being otherwise fully advised in the premises, it is ORDERED AND ADJUDGED that Defendant's Motion to Dismiss 19 is DENIED AS MOOT. Signed by Judge K. Michael Moore on 2/10/2023. (fpi) (Entered: 02/10/2023)
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Feb. 10, 2023
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Feb. 10, 2023
PACER
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26
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EXPEDITED MOTION for Preliminary Injunction by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes. (Warren, Nicholas) (Entered: 02/10/2023)
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Feb. 10, 2023
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Feb. 10, 2023
RECAP
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Order on Motion to Dismiss for Failure to State a Claim
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Feb. 10, 2023
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Feb. 10, 2023
PACER
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27
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PAPERLESS ORDER REFERRING MOTIONS. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law and/or issue a Report and Recommendation regarding Plaintiffs' Expedited Motion for Preliminary Injunction. 26 . Motions referred to Judge Lauren Fleischer Louis. Signed by Judge K. Michael Moore on 2/13/2023. (fpi) (Entered: 02/13/2023)
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Feb. 13, 2023
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Feb. 13, 2023
PACER
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Order Referring Motion
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Feb. 13, 2023
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Feb. 13, 2023
PACER
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28
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MOTION for Extension of Time Defendant's Unopposed Motion for an Extension of Time to Respond to Plaintiffs' Expedited Motion for Preliminary Injunction re 26 EXPEDITED MOTION for Preliminary Injunction by City of Miami. Responses due by 3/6/2023 (Johnson, Christopher) (Entered: 02/20/2023)
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Feb. 20, 2023
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Feb. 20, 2023
PACER
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29
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PAPERLESS ORDER granting Defendant's 28 Unopposed Motion for an Extension of Time to Respond to Plaintiffs' Motion for Preliminary Injunction. Defendant shall file its response to Plaintiffs' Motion for Preliminary Injunction on or before March 10, 2023. Signed by Magistrate Judge Lauren Fleischer Louis on 2/21/2023. (as06) (Entered: 02/21/2023)
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Feb. 21, 2023
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Feb. 21, 2023
PACER
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Order on Motion for Extension of Time
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Feb. 21, 2023
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Feb. 21, 2023
PACER
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~Util - Set/Reset Motion/R&R Deadlines and Hearings
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Feb. 21, 2023
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Feb. 21, 2023
PACER
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Reset Deadline per DE#29 as to 26 EXPEDITED MOTION for Preliminary Injunction. Responses due by 3/10/2023. (scn)
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Feb. 21, 2023
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Feb. 21, 2023
PACER
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30
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Joint SCHEDULING REPORT - Rule 26(f) by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes (McNamara, Caroline) (Entered: 02/23/2023)
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Feb. 23, 2023
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Feb. 23, 2023
PACER
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31
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Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties . Filed by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes (McNamara, Caroline) (Entered: 02/23/2023)
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Feb. 23, 2023
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Feb. 23, 2023
RECAP
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32
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PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of January 29, 2024 at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on January 25, 2024, at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for January 16, 2024, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at moore@flsd.uscourts.gov in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A "NOTICE OF UNAVAILABILITY" BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Judge K. Michael Moore on 2/24/2023. (fpi) 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: 02/24/2023)
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Feb. 24, 2023
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Feb. 24, 2023
PACER
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Order Referring Case to Mediation
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Feb. 24, 2023
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Feb. 24, 2023
PACER
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Scheduling Order
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Feb. 24, 2023
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Feb. 24, 2023
PACER
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33
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PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning January 29, 2024, at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 2/24/2023. (fpi) (Entered: 02/24/2023)
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Feb. 24, 2023
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Feb. 24, 2023
PACER
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34
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Defendant's MOTION to Dismiss 23 Amended Complaint/Amended Notice of Removal, Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint by City of Miami. Responses due by 3/10/2023 (Johnson, Christopher) (Entered: 02/24/2023)
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Feb. 24, 2023
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Feb. 24, 2023
RECAP
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35
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NOTICE of Mediator Selection. Selected/Added Israel Reyes as Mediator. (Johnson, Christopher) (Entered: 03/10/2023)
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March 10, 2023
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March 10, 2023
PACER
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36
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RESPONSE to Motion re 26 EXPEDITED MOTION for Preliminary Injunction Defendant's Memorandum Of Law In Response To Plaintiffs' Expedited Motion For Preliminary Injunction filed by City of Miami. Replies due by 3/17/2023. (Johnson, Christopher) (Entered: 03/10/2023)
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March 10, 2023
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March 10, 2023
RECAP
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37
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RESPONSE in Opposition re 34 Defendant's MOTION to Dismiss 23 Amended Complaint/Amended Notice of Removal, Defendant's Motion to Dismiss Plaintiffs' First Amended Complaint filed by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes. Replies due by 3/17/2023. (Warren, Nicholas) (Entered: 03/10/2023)
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March 10, 2023
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March 10, 2023
RECAP
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38
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ORDER SETTING HEARING ON EXPEDITED MOTION FOR PRELIMINARY INJUNCTION. An Evidentiary and Preliminary Injunction Hearing on the 26 Expedited Motion for Preliminary Injunction is now set before United States Magistrate Judge Lauren F. Louis for Wednesday, March 29, 2023, at 9:30 AM in Miami Division at the C. Clyde Atkins United States Courthouse, 11th Floor, 301 North Miami Avenue, Miami, Florida, 33128. Signed by Magistrate Judge Lauren Fleischer Louis on 3/15/2023. See attached document for full details. (elm) (Entered: 03/15/2023)
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March 15, 2023
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March 15, 2023
PACER
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~Util - Set/Reset Motion/R&R Deadlines and Hearings
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March 15, 2023
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March 15, 2023
PACER
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Set/Reset Deadlines/Hearings as to 26 EXPEDITED MOTION for Preliminary Injunction . Motion Hearing set for 3/29/2023 09:30 AM in Miami Division before Magistrate Judge Lauren Fleischer Louis. (elm)
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March 15, 2023
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March 15, 2023
PACER
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39
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REPLY to Response to Motion re 26 EXPEDITED MOTION for Preliminary Injunction filed by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes. (Warren, Nicholas) (Entered: 03/16/2023)
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March 16, 2023
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March 16, 2023
RECAP
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40
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REPLY to 37 Response in Opposition to Motion, Defendant's Reply Memorandum of Law In Support of Motion to Dismiss Plaintiffs' First Amended Complaint by City of Miami. (Johnson, Christopher) (Entered: 03/17/2023)
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March 17, 2023
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March 17, 2023
PACER
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41
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NOTICE by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes re 38 Order Setting Hearing on Motion,, Regarding Time for Argument (Warren, Nicholas) (Entered: 03/22/2023)
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March 22, 2023
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March 22, 2023
RECAP
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42
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NOTICE by City of Miami re 38 Order Setting Hearing on Motion,, (Levesque, George) (Entered: 03/22/2023)
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March 22, 2023
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March 22, 2023
PACER
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43
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MOTION for clarification 38 Order Setting Hearing on Motion,, by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes. Responses due by 4/5/2023 (Warren, Nicholas) (Entered: 03/22/2023)
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March 22, 2023
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March 22, 2023
PACER
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44
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PAPERLESS ORDER ON MOTION FOR CLARIFICATION. THIS CAUSE is before the Court upon Plaintiffs' Motion for Clarification Regarding Order Setting Hearing, 43 . The request for clarification of the Court's Order Setting Hearing on Expedited Motion for Preliminary Injunction, 38, is GRANTED. The following clarification is provided. At the March 29, 2023 Evidentiary and Preliminary Injunction Hearing, the Court intends to (1) resolve any factual disputes presented in the Parties' briefing on the Expedited Motion for Preliminary Injunction, 26, to the extent any factual disputes exist and to the extent required for disposition of the Expedited Motion, and (2) hear argument on the Expedited Motion for Preliminary Injunction. Accordingly, any Party that intends to present live witness testimony to support facts advanced in briefing on the Expedited Motion consistent with the foregoing shall file a witness list in accordance with the Court's Order Setting Hearing, 38 . In addition, all exhibits shall be pre-marked for the hearing as required by the Court's Order Setting Hearing, 38, and thereafter filed and served within CM/ECF in accordance with Local Rule 5.3(b)(2) of the Local Rules of the Southern District of Florida. Further, Plaintiffs may prior to the hearing depose defense witnesses who are advanced according to the above. Any deposition must comply with the reasonable notice requirements of Federal Rule of Civil Procedure 30(b)(1) and Local Rule 26.1(h). To the extent noticing of a deposition in compliance with Local Rule 26.1(h) would necessitate postponement of the March 29, 2023 hearing, Plaintiffs must request a continuance by separate motion upon a showing of good cause. Signed by Magistrate Judge Lauren Fleischer Louis on 3/23/2023. (elm) (Entered: 03/23/2023)
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March 23, 2023
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March 23, 2023
PACER
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Order on Motion for Clarification
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March 23, 2023
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March 23, 2023
PACER
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45
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Exhibit List FOR HEARING ON PLAINTIFFS EXPEDITED MOTION FOR PRELIMINARY INJUNCTION by City of Miami.. (Levesque, George) (Entered: 03/24/2023)
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March 24, 2023
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March 24, 2023
PACER
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46
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Witness List FOR HEARING ON PLAINTIFFS EXPEDITED MOTION FOR PRELIMINARY INJUNCTION by City of Miami.. (Levesque, George) (Entered: 03/24/2023)
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March 24, 2023
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March 24, 2023
PACER
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47
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Exhibit List FOR HEARING ON PLAINTIFFS EXPEDITED MOTION FOR PRELIMINARY INJUNCTION by City of Miami.. (Levesque, George) (Entered: 03/24/2023)
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March 24, 2023
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March 24, 2023
PACER
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48
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PAPERLESS Minute Entry for proceedings held before Magistrate Judge Lauren Fleischer Louis: Evidentiary Motion Hearing held on 3/29/2023 re 26 Expedited Motion for Preliminary Injunction. Plaintiffs' exhibits ##'s 1-93 admitted. Opening statement heard. Witness Miguel de Grandy sworn and testified. Closing argument heard. Matter taken under advisement. Report and Recommendation to follow. Total time in court: 5 hour(s) : 30 minutes. Attorney Appearance(s): Nicholas Lyndol Villacor Warren, Caroline Andrews McNamara, Daniel Boaz Tilley, Christopher J. Merken, Christopher N. Johnson, George Ty Levesque. Court Reporter: Stephanie McCarn, 305-523-5518 / Stephanie_McCarn@flsd.uscourts.gov. (aw) (Entered: 03/29/2023)
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March 29, 2023
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March 29, 2023
PACER
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MOTION Hearing or Evidentiary Motion Hearing
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March 29, 2023
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March 29, 2023
PACER
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49
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Exhibit List of Joint and Plaintiffs' Exhibits at Preliminary Injunction Hearing by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes.. (Warren, Nicholas) (Entered: 03/30/2023)
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March 30, 2023
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March 30, 2023
RECAP
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50
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Exhibit List Defendant's Exhibits Introduced Into Evidence At Plaintiffs' Expedited Motion For Preliminary Injunction Hearing Held On March 28, 2023 by City of Miami.. (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)(Johnson, Christopher) (Entered: 03/30/2023)
1 Exhibit 1
View on PACER
2 Exhibit 2
View on PACER
3 Exhibit 3
View on PACER
4 Exhibit 4
View on PACER
5 Exhibit 5
View on PACER
6 Exhibit 6
View on PACER
7 Exhibit 7
View on PACER
8 Exhibit 8
View on PACER
9 Exhibit 9
View on PACER
10 Exhibit 10
View on PACER
11 Exhibit 11
View on PACER
12 Exhibit 12
View on PACER
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March 30, 2023
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March 30, 2023
PACER
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51
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CERTIFICATE of Compliance Re Admitted Evidence for exhibit(s): 1 through 12 by Christopher N. Johnson on behalf of City of Miami (Johnson, Christopher) (Entered: 03/30/2023)
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March 30, 2023
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March 30, 2023
PACER
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52
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REPORT AND RECOMMENDATIONS on 26 Plaintiffs' Expedited Motion for Preliminary Injunction. Recommending that the 26 Expedited Motion be GRANTED. Objections to R&R due by 5/13/2023. Response to Objections due 5/20/2023. Signed by Magistrate Judge Lauren Fleischer Louis on 5/3/2023. See attached document for full details. (elm)
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May 3, 2023
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May 3, 2023
RECAP
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53
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Defendant's MOTION for Extension of Time To File Objections to Magistrate Judge's Report and Recommendation re 52 REPORT AND RECOMMENDATIONS re 26 EXPEDITED MOTION for Preliminary Injunction filed by South Dade Branch Of The NAACP, Engage Miami, Inc., Steven Miro, Yanelis Valdes, Miami-Dade Branch Of The NAACP, GRACE, Inc., Alexandra Contr by City of Miami. Responses due by 5/23/2023 (Attachments: # 1 Text of Proposed Order Proposed Order)(Johnson, Christopher) (Entered: 05/09/2023)
1 Text of Proposed Order Proposed Order
View on RECAP
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May 9, 2023
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May 9, 2023
RECAP
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54
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PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Motion for Extension of Time to File Objections to Magistrate Judge's Report and Recommendation. 53 . Therein, Defendant requests an extension of time to file objections because of the "complexity, length, and serious consequences of the Report and Recommendation." Id. at 2. However, in the March 29, 2023 Evidentiary and Preliminary Injunction Hearing, see (ECF No. 48), the Parties consented to this expedited briefing schedule. Therefore, the Court fails to find good cause warranting an extension. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion 53 is DENIED. Defendant shall file any Objections to the Report and Recommendation on or before May 13, 2023. Signed by Judge K. Michael Moore on 5/11/2023. (rhr) (Entered: 05/11/2023)
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May 11, 2023
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May 11, 2023
PACER
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Order on Motion for Extension of Time
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May 11, 2023
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May 11, 2023
PACER
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55
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OBJECTIONS to 52 Report and Recommendations DEFENDANTS OBJECTIONS TO MAGISTRATE'S REPORT & RECOMMENDATION by City of Miami. (Levesque, George) (Entered: 05/13/2023)
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May 13, 2023
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May 13, 2023
RECAP
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56
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OBJECTIONS to 52 Report and Recommendations by City of Miami. (Levesque, George) (Entered: 05/13/2023)
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May 13, 2023
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May 13, 2023
RECAP
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57
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RESPONSE TO OBJECTION to 52 Report and Recommendations by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes. (Warren, Nicholas) (Entered: 05/18/2023)
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May 18, 2023
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May 18, 2023
RECAP
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58
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Defendant's MOTION for Leave to File Reply In Support Of Objections To Magistrate Judge's Report and Recommendation by City of Miami. (Attachments: # 1 Text of Proposed Order Proposed Order)(Johnson, Christopher) (Entered: 05/18/2023)
1 Text of Proposed Order Proposed Order
View on RECAP
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May 18, 2023
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May 18, 2023
RECAP
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59
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Defendant's REPLY to 55 Objections to Report and Recommendations, 52 REPORT AND RECOMMENDATIONS re 26 EXPEDITED MOTION for Preliminary Injunction filed by South Dade Branch Of The NAACP, Engage Miami, Inc., Steven Miro, Yanelis Valdes, Miami-Dade Branch Of The NAACP, GRACE, Inc., Alexandra Contr, 57 Response to Objection to Report and Recommendations, by City of Miami. (Johnson, Christopher) (Entered: 05/19/2023)
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May 19, 2023
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May 19, 2023
RECAP
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60
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ORDER granting 26 Expedited Motion; Adopting 52 Report and Recommendations on 26 Expedited Motion, filed by South Dade Branch Of The NAACP, Engage Miami, Inc., Steven Miro, Yanelis Valdes, Miami-Dade Branch Of The NAACP, GRACE, Inc., Alexandra Contreras, Jared Johnson, Clarice Cooper, 52 Report and Recommendations,. Signed by Judge K. Michael Moore on 5/23/2023. See attached document for full details. (rhr)
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May 23, 2023
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May 23, 2023
RECAP
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Order Referring Case to Mediation
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May 23, 2023
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May 23, 2023
PACER
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Order Setting Status Conference
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May 23, 2023
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May 23, 2023
PACER
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61
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PAPERLESS ORDER OF REFERRAL TO SUPPLEMENTAL MEDIATION. THIS CAUSE came before the Court upon (ECF No. 60 ). Trial having been set in this matter for the two-week trial period beginning January 29, 2024 at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, and upon the Court's Order granting Plaintiffs' Motion for Preliminary Injunction, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than thirty (30) days from the date of this Order. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a motion with the Court requesting the designation of a mediator. 3. The parties shall agree upon a place, date, and time for mediation convenient to the mediator and counsel of record, file a Notice of Scheduling Mediation no later than thirty (15) days from the date of this Order. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Judge K. Michael Moore on 5/23/2023. (rhr) (Entered: 05/23/2023)
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May 23, 2023
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May 23, 2023
PACER
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62
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PAPERLESS ORDER Setting Status Conference: Status Conference Re: Scheduling/Deadlines/Procedural Matters set for 6/2/2023 04:00 PM in Miami Division before Judge K. Michael Moore. Per Chambers. (rhr) (Entered: 05/23/2023)
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May 23, 2023
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May 23, 2023
PACER
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63
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Notice of Appeal To The Eleventh Circuit Court of Appeals as to 60 Order on Expedited Motion,, Order on Report and Recommendations, by City of Miami. Filing fee $ 505.00 receipt number AFLSDC-16657779. 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. (Johnson, Christopher) (Entered: 05/31/2023)
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May 31, 2023
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May 31, 2023
RECAP
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Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re63Notice of Appeal. Notice has been electronically mailed. (jes)
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May 31, 2023
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May 31, 2023
PACER
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64
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Defendant's MOTION to Stay re 60 Order on Expedited Motion,, Order on Report and Recommendations, by City of Miami. Responses due by 6/14/2023 (Johnson, Christopher) (Entered: 05/31/2023)
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May 31, 2023
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May 31, 2023
RECAP
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65
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NOTICE of Mediator Selection and Hearing. Selected/Added Raoul G. Cantero as Mediator. Mediation Hearing set for 6/13/2023 at 3:00 p.m.. (Warren, Nicholas) (Entered: 05/31/2023)
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May 31, 2023
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May 31, 2023
RECAP
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Transmission of Notice of Appeal, Order under appeal and Docket Sheet to US Court of Appeals re 63 Notice of Appeal. Notice has been electronically mailed. (jes)
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May 31, 2023
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May 31, 2023
PACER
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PAPERLESS TIME CHANGE ONLY Status Conference Re: Scheduling/Deadlines/Procedural Matters set for 6/2/2023 02:00 PM in Miami Division before Judge K. Michael Moore. Per Chambers. (rhr)
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June 1, 2023
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June 1, 2023
PACER
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~Util - Set/Reset Deadlines/Hearings
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June 1, 2023
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June 1, 2023
PACER
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PAPERLESS **TIME CHANGE ONLY** Status Conference Re: Scheduling/Deadlines/Procedural Matters set for 6/2/2023 02:00 PM in Miami Division before Judge K. Michael Moore. Per Chambers. (rhr)
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June 1, 2023
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June 1, 2023
PACER
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66
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Unopposed MOTION to Stay Discovery by Alexandra Contreras, Clarice Cooper, Engage Miami, Inc., GRACE, Inc., Jared Johnson, Miami-Dade Branch Of The NAACP, Steven Miro, South Dade Branch Of The NAACP, Yanelis Valdes. Responses due by 6/15/2023 (Warren, Nicholas) (Entered: 06/01/2023)
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June 1, 2023
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June 1, 2023
RECAP
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67
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PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Unopposed Motion to Stay Discovery ("Motion" or "Mot."). 66 . Therein, Plaintiffs request a stay of discovery until after the interim remedial phase of this case concludes. See id. at 1. Plaintiffs aver that a stay of discovery "during this period will allow the Parties to focus their efforts on developing an interim remedial plan and will facilitate mediation and potential settlement." Id. Defendant does not oppose the Motion. "The district court has broad discretion to stay proceedings as an incident to its power to control its own docket." Four Seasons Hotels & Resorts, B.V. v. Consorcio Barr S.A., 377 F.3d 1164, 1172 n.7 (11th Cir. 2004) (quoting Clinton v. Jones, 520 U.S. 681, 706 (1997)). The length of the requested stay will not be indefinite or immoderate. See Ortega Trujillo v. Conover & Co. Commc'ns, 221 F.3d 1262, 1264 (11th Cir. 2000). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that Plaintiffs' Motion to Stay Discovery 66 is GRANTED. Discovery in this case is hereby STAYED until the interim remedial phase of this case has concluded. Signed by Judge K. Michael Moore on 6/2/2023. (rhr) (Entered: 06/02/2023)
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June 2, 2023
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June 2, 2023
PACER
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Transmission of Notice of Appeal and Docket Sheet to USCA
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June 2, 2023
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June 2, 2023
PACER
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Order on Motion to Stay
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June 2, 2023
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June 2, 2023
PACER
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Status Conference
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June 2, 2023
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June 2, 2023
PACER
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68
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PAPERLESS Minute Entry for proceedings held before Judge K. Michael Moore: Status Conference held on 6/2/2023. The Parties discussed their proposed timelines for mediation and for briefing on new proposed electoral maps. Defense discussed its concerns regarding its representation at the mediation conference. Total time in court: 25 minutes. Court Reporter: Vernita Allen-Williams, 305-523-5048 / Vernita_Allen-Williams@flsd.uscourts.gov. (fpi) (Entered: 06/02/2023)
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June 2, 2023
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June 2, 2023
PACER
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69
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SCHEDULING ORDER Signed by Judge K. Michael Moore on 6/2/2023. See attached document for full details. (rhr) (Entered: 06/02/2023)
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June 2, 2023
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June 2, 2023
RECAP
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70
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ORDER denying 64 Motion to Stay. Signed by Judge K. Michael Moore on 6/6/2023. See attached document for full details. (rhr) (Entered: 06/07/2023)
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June 7, 2023
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June 7, 2023
RECAP
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71
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Acknowledgment of Receipt of NOA from USCA re 63 Notice of Appeal, filed by City of Miami. Date received by USCA: 06/02/2023. USCA Case Number: 23-11854-D. (jes) (Entered: 06/07/2023)
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June 7, 2023
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June 7, 2023
RECAP
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