Case: Scott v. City of Daytona Beach Florida

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Scott v. City of Daytona Beach

Scott v. City of Daytona Beach

COMPLAINT against City of Daytona Beach Florida with Jury Demand (Filing fee $402 receipt number AFLMDC-20241281) filed by All Plaintiffs. (Attachments: # 1 Civil Cover Sheet, # 2 Proposed Summons, # 3 Exhibit Ex. 1 - Certified Copy of Ordinance)(Dunn, Chelsea) (Entered: 11/28/2022)

1 Civil Cover Sheet

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2 Proposed Summons

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3 Exhibit Ex. 1 - Certified Copy of Ordinance

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CERTIFICATE of interested persons and corporate disclosure statement by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. (Dunn, Chelsea) (Entered: 11/28/2022)

NEW CASE ASSIGNED to Judge Wendy W. Berger and Magistrate Judge David A. Baker. New case number: 6:22-cv-2192-WWB-LHP. (SJB) (Entered: 11/28/2022)

Case Assigned/Reassigned

NOTICE to Plaintiff's Counsel of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (KNC) (Entered: 11/29/2022)

SUMMONS issued as to City of Daytona Beach Florida. (KNC) (Entered: 11/29/2022)

STANDING ORDER ON DISCOVERY PROCEDURES. Signed by Magistrate Judge David A. Baker on 11/29/2022. (JW) (Entered: 11/29/2022)

Notice to Counsel of Local Rule

NOTICE of Lead Counsel Designation by Chelsea Dunn on behalf of Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. Lead Counsel: Chelsea Dunn. (Dunn, Chelsea) (Entered: 11/30/2022)

MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Driggers, # 2 Exhibit Declaration of Scott, # 3 Exhibit Declaration of Willis, # 4 Exhibit Declaration of Rowland, # 5 Exhibit Summary of Panhandling Arrests)(Dunn, Chelsea) (Entered: 12/01/2022)

NOTICE of Filing Proposed Order by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis re 8 MOTION for Preliminary Injunction (Attachments: # 1 Text of Proposed Order)(Dunn, Chelsea) Modified on 12/2/2022 to edit docket text (KNC). (Entered: 12/01/2022)

REQUEST for oral argument re 8 MOTION for Preliminary Injunction by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. (Dunn, Chelsea) (Entered: 12/01/2022)

NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective February 1, 2021 and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 12/2/2022. (RMF) (Entered: 12/02/2022)

NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (RMF) (Entered: 12/02/2022)

ORDER re 8 Plaintiffs' Motion for Preliminary Injunction: Defendants shall file a consolidated response to the Motion for Preliminary Injunction on or before December 9, 2022. On or before December 9, 2022, the parties shall file a joint notice, not to exceed ten pages, informing this Court if an evidentiary hearing is necessary in this matter. If the Court determines, after review of the parties' submissions and joint notice, that an evidentiary hearing is necessary for the resolution of the Motion, a hearing will be set by the Court. Otherwise, the Court will issue a ruling based on the parties' written submissions. Signed by Judge Wendy W. Berger on 12/2/2022. (RMF) (Entered: 12/02/2022)

Set deadlines as to 8 MOTION for Preliminary Injunction . Responses due by 12/9/2022 (KNC)

Order

Notice to Counsel of Local Rule

Set Motion and R&R deadlines/hearings - PUBLIC

Unopposed MOTION for Extension of Time to File Response/Reply as to 8 Motion for Preliminary Injunction and Joint Report Addressing Hearing Needs by All Defendants. (Kahn, Michael) Motions referred to Magistrate Judge David A. Baker. Modified on 12/7/2022 to edit docket text (KNC). (Entered: 12/06/2022)

ENDORSED ORDER granting 14 Unopposed Motion for Extension of Time to File Response to Motion for Preliminary Injunction. Defendant shall file a response to Plaintiffs' Motion for Preliminary Injunction on or before December 19, 2022, and the parties shall file their joint notice on or before December 20, 2022. The Court further notes that the parties' filings fail to comply with this Court's January 13, 2021 Standing Order. The parties are cautioned that future failures to comply with all applicable rules and orders of this Court may result in the striking or denial of filings without notice or leave to refile. Signed by Judge Wendy W. Berger on 12/7/2022. (KSR) (Entered: 12/07/2022)

RETURN of service executed on 12/06/2022 by Dennis Scott, George Rowland, Douglas Willis, Chad Driggers as to City of Daytona Beach Florida. (Dunn, Chelsea) (Entered: 12/07/2022)

Reset deadlines as to 8 MOTION for Preliminary Injunction . Responses due by 12/19/2022 (KNC)

Order on Motion for Extension of Time to File Response / Reply

Set Motion and R&R deadlines/hearings - PUBLIC

Partially Unopposed Time Sensitive MOTION to File Excess Pages by City of Daytona Beach Florida. (Kahn, Michael) Modified on 12/15/2022 to edit docket text (KNC). (Entered: 12/15/2022)

ENDORSED ORDER granting in part and denying in part 17 Defendant's Partially Unopposed Time Sensitive Motion for Leave to File Motion in Opposition to Plaintiffs' Motion for Preliminary Injunction in Excess of Twenty Pages. Defendant's request for leave to file a response in excess of twenty pages is denied, but the Court will grant Defendant a brief extension. On or before December 22, 2022, Defendant shall file a response to Plaintiffs' Motion for Preliminary Injunction, not to exceed twenty pages inclusive of all parts. Signed by Judge Wendy W. Berger on 12/15/2022. (KSR) (Entered: 12/15/2022)

Reset deadlines as to 8 MOTION for Preliminary Injunction . Responses due by 12/22/2022 (KNC)

Order on Motion to File Excess Pages

Set Motion and R&R deadlines/hearings - PUBLIC

RESPONSE in Opposition re 8 MOTION for Preliminary Injunction filed by City of Daytona Beach Florida. (Attachments: # 1 Exhibit Sworn Declaration of Paul Anthony Bellanca, # 2 Exhibit Sworn Declaration of John Clary, # 3 Exhibit Sworn Declaration of Harry Harwick, # 4 Exhibit Sworn Declaration of Tammy Kozinski, # 5 Exhibit Sworn Declaration of Steve Miles, MD, # 6 Exhibit Sworn Declaration of Christina Pierelli, # 7 Exhibit Sworn Declaration of Oliver Ross, # 8 Exhibit Sworn Declaration of James Thomas)(Kahn, Michael) (Entered: 12/16/2022)

NOTICE of Filing by City of Daytona Beach Florida re 19 Response in Opposition to Motion for Preliminary Injunction (Attachments: # 1 Affidavit Certification of Documents related to adoption of Ord. 19-27, # 2 Official Legislative Record - Section 66-1 (1), # 3 Official Legislative Record - Section 66-1 (2), # 4 Official Legislative Record - Section 66-1 (3), # 5 Official Legislative Record - Section 66-1 (4), # 6 Official Legislative Record - Section 66-1 (5), # 7 Official Legislative Record - Section 66-1 (6), # 8 Official Legislative Record - Section 66-1 (7), # 9 Official Legislative Record - Section 66-1 (8), # 10 Official Legislative Record - Section 66-1 (9), # 11 Official Legislative Record - Section 66-1 (10), # 12 Official Legislative Record - Section 66-1 (11))(Kahn, Michael) Modified on 12/20/2022 to edit docket text (KNC). (Entered: 12/19/2022)

Unopposed MOTION for Miscellaneous Relief, specifically Leave to file Reply to ECF 19 by All Plaintiffs. (Siegel, Jodi) (Entered: 12/19/2022)

Joint NOTICE on Evidentiary Hearing by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis (Marshall, Daniel) Modified on 12/20/2022 to edit docket text (KNC). (Entered: 12/19/2022)

ENDORSED ORDER granting 21 Plaintiffs' Unopposed Motion for Leave to Reply to Defendant's Response to Plaintiffs' Motion for Preliminary Injunction. On or before December 27, 2022, Plaintiffs may file a reply, not to exceed seven pages inclusive of all parts. Signed by Judge Wendy W. Berger on 12/20/2022. (KSR) (Entered: 12/20/2022)

Order on Motion for Miscellaneous Relief

ANSWER and affirmative defenses to 1 Complaint, by City of Daytona Beach Florida.(Kahn, Michael) (Entered: 12/22/2022)

REPLY to Response to Motion re 8 MOTION for Preliminary Injunction filed by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. (Attachments: # 1 Exhibit Driggers Declaration, # 2 Exhibit Rowland Declaration, # 3 Exhibit Willis Declaration)(Dunn, Chelsea) (Entered: 12/27/2022)

NOTICE of Filing Statement of Interest by United States Department of Justice (Van Erem, Haley) Modified on 1/9/2023 to edit docket text (SRD). (Entered: 01/06/2023)

NOTICE of supplemental authority re 19 Response in Opposition to Motion for Preliminary Injunction by City of Daytona Beach Florida. (Kahn, Michael) (Entered: 01/06/2023)

NOTICE of supplemental authority re 19 Response in Opposition to Motion for Preliminary Injunction by City of Daytona Beach Florida. (Kahn, Michael) (Entered: 01/06/2023)

CERTIFICATE of interested persons and corporate disclosure statement by City of Daytona Beach Florida. (Kahn, Michael) (Entered: 01/06/2023)

Unopposed MOTION for leave to file response to Government's Statement of Interest by City of Daytona Beach Florida. (Kahn, Michael) Modified on 1/13/2023 to edit docket text (KNC). (Entered: 01/12/2023)

CASE MANAGEMENT REPORT. (Dunn, Chelsea) (Entered: 01/17/2023)

ENDORSED ORDER granting 30 Defendant's Unopposed Motion to File Response to Government's Statement of Interest. On or before January 23, 2023, Defendant may file a reply not to exceed seven pages inclusive of all parts. Signed by Judge Wendy W. Berger on 1/17/2023. (KSR) (Entered: 01/17/2023)

Order on Motion for Leave to File Document

RESPONSE re 26 Notice (Other) Statement of Interest of the United States filed by City of Daytona Beach Florida. (Attachments: # 1 Exhibit)(Kahn, Michael) (Entered: 01/23/2023)

ORDER dismissing 1 Complaint without prejudice as a shotgun pleading and denying without prejudice 8 Motion for Preliminary Injunction. See Order for details. Signed by Judge Wendy W. Berger on 2/3/2023. (MDJ)

Set deadlines: Amended Complaint due by 2/10/2023 (KNC)

Set/reset deadlines/hearings-PUBLIC

AMENDED COMPLAINT against All Defendants with Jury Demand. filed by All Plaintiffs.(Dunn, Chelsea) (Entered: 02/10/2023)

CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/1/2023 Joinder of Parties due by 4/1/2023 Discovery due by 7/5/2024 Dispositive motions due by 8/6/2024 Pretrial statement due by 12/9/2024 All other motions due by 11/6/2024 Plaintiff disclosure of expert report due by 6/14/2023 Defendant disclosure of expert report due by 7/14/2023 Trial Status Conference set for 12/10/2024 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Bench Trial set for the January 2025 trial term commencing on 1/6/2025 at 09:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger. Conduct mediation hearing by 7/19/2024. Lead counsel to coordinate dates. Signed by Judge Wendy W. Berger on 2/14/2023. (RMF) (Entered: 02/14/2023)

ORDER: the parties are directed to confer, and then advise the Court, on the selection of a mediator, on or before February 28, 2023. Signed by Judge Wendy W. Berger on 2/14/2023. (RMF) (Entered: 02/14/2023)

CASE REFERRED to Mediation. Mediator: TBD (KNC) (Entered: 02/15/2023)

Case Referred to Mediation

Second MOTION for Preliminary Injunction by All Plaintiffs. (Attachments: # 1 Exhibit First Declaration of Driggers, # 2 Exhibit Declaration of Scott, # 3 Exhibit First Declaration of Willis, # 4 Exhibit First Declaration of Rowland, # 5 Exhibit Second Declaration of Driggers, # 6 Exhibit Second Declaration of Rowland, # 7 Exhibit Second Declaration of Willis, # 8 Exhibit Summary of Panhandling Arrests, # 9 Text of Proposed Order Proposed Order)(Dunn, Chelsea) (Entered: 02/16/2023)

REQUEST for oral argument re 39 Second MOTION for Preliminary Injunction by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. (Dunn, Chelsea) (Entered: 02/16/2023)

ORDER re 39 Plaintiffs' Second Motion for Preliminary Injunction. Defendant shall file a response to the Motion for Preliminary Injunction on or before March 1, 2023. On or before March 1, 2023, the parties shall file a joint notice, not to exceed ten pages, informing this Court if an evidentiary hearing is necessary in this matter. Any party requesting an evidentiary hearing shall: (1) identify with particularity all disputed issues of material fact or credibility determinations that are expected to impact the resolution of the Motion; (2) the names of any witnesses that the party anticipates calling at a hearing; and (3) the estimated length of the requested hearing. Signed by Judge Wendy W. Berger on 2/22/2023. (MDJ) (Entered: 02/22/2023)

Set deadlines as to 39 Second MOTION for Preliminary Injunction . Responses due by 3/1/2023 (KNC)

Set Motion and R&R deadlines/hearings - PUBLIC

ANSWER and affirmative defenses to 35 Amended Complaint by City of Daytona Beach Florida.(Kahn, Michael) (Entered: 02/24/2023)

NOTICE OF SELECTION of Jennifer Grippa as mediator by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. (Dunn, Chelsea) (Entered: 02/28/2023)

RESPONSE in Opposition re 39 Second MOTION for Preliminary Injunction filed by City of Daytona Beach Florida. (Attachments: # 1 Exhibit Sworn Declaration of Paul Anthony Bellanca, # 2 Exhibit Sworn Declaration of John Clary, # 3 Exhibit Sworn Declaration of Harry Harwick, # 4 Exhibit Sworn Declaration of Tammy Kozinski, # 5 Exhibit Sworn Declaration of Steven Miles, M.D., # 6 Exhibit Sworn Declaration of Christina Pierelli, # 7 Exhibit Sworn Declaration of Oliver Ross, # 8 Exhibit Sworn Declaration of James Thomas)(Kahn, Michael) (Entered: 02/28/2023)

Joint NOTICE on Evidentiary Hearing by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis (Marshall, Daniel) Modified on 3/2/2023 to edit docket text (KNC). (Entered: 03/01/2023)

Unopposed MOTION for Leave to File Reply to Response to Second Motion for Preliminary Injunction by All Plaintiffs. (Dunn, Chelsea) Modified on 3/6/2023 to edit docket text (KNC). (Entered: 03/03/2023)

ENDORSED ORDER granting 46 Plaintiffs' Unopposed Motion for Leave to Reply to Defendant's Response to Plaintiffs' Second Motion for Preliminary Injunction. On or before March 15, 2023, Plaintiffs may file a reply not to exceed seven pages inclusive of all parts. Signed by Judge Wendy W. Berger on 3/7/2023. (KSR) (Entered: 03/07/2023)

Order on Motion for Leave to File Document

Set deadlines as to 39 Second MOTION for Preliminary Injunction . Reply to Response due by 3/15/2023. (KNC)

Set Motion and R&R deadlines/hearings - PUBLIC

Case Reassigned to Magistrate Judge Robert M. Norway. New case number: 6:22-cv-2192-WWB-RMN. Magistrate Judge David A. Baker no longer assigned to the case. (MEH) (Entered: 03/09/2023)

Case Assigned/Reassigned

REPLY to Response to Motion re 39 Second MOTION for Preliminary Injunction filed by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. (Marshall, Daniel) (Entered: 03/14/2023)

Joint MOTION to Amend 36 Case Management Scheduling Order, by All Plaintiffs. (Attachments: # 1 Exhibit Amended Case Management Report)(Dunn, Chelsea) Motions referred to Magistrate Judge Robert M. Norway. (Entered: 03/15/2023)

NOTICE of WITHDRAWAL of motion re 50 Motion to Amend / Correct / Modify / Supplement filed by Dennis Scott, Chad Driggers, George Rowland, Douglas Willis by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis (Dunn, Chelsea) (Entered: 03/28/2023)

Second Joint MOTION to Amend 36 Case Management Scheduling Order, by All Plaintiffs. (Attachments: # 1 Exhibit Second Amended Case Management Report)(Dunn, Chelsea) Motions referred to Magistrate Judge Robert M. Norway. Modified on 3/29/2023 to edit docket text (KNC). (Entered: 03/28/2023)

MOTION for Protective Order by City of Daytona Beach Florida. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2, # 3 Exhibit 3, # 4 Exhibit 4, # 5 Exhibit 5)(Kahn, Michael) Motions referred to Magistrate Judge Robert M. Norway. (Entered: 04/05/2023)

NOTICE of hearing on motion re 53 MOTION for Protective Order . Motion Hearing set for 4/14/2023 at 10:00 AM in Orlando Courtroom 5 C before Magistrate Judge Robert M. Norway. (LDJ) (Entered: 04/06/2023)

Notice of hearing on motion

Time Sensitive MOTION to Continue Hearing on Motion for Protective Order by City of Daytona Beach Florida. (Kahn, Michael) (Entered: 04/08/2023)

ENDORSED ORDER granting Defendant's 55 Motion to Continue Hearing. The April 14 hearing is cancelled. The Court may re-notice the hearing, if needed, after Plaintiffs respond the Defendant's 53 Motion for Protective Order. Signed by Magistrate Judge Robert M. Norway on 4/10/2023. (Norway, Robert) (Entered: 04/10/2023)

Order on Motion to Continue

RESPONSE in Opposition re 53 MOTION for Protective Order filed by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. (Attachments: # 1 Exhibit 4.5.23 Conferral Letter)(Dunn, Chelsea) (Entered: 04/12/2023)

ORDER granting in part and denying in part 52 Second Joint Motion to Amend the Scheduling Order. It is further ORDERED that the Case Management and Scheduling Order 36 is amended. See PDF for details. Signed by Judge Wendy W. Berger on 4/17/2023. (RMF) (Entered: 04/17/2023)

Set/reset scheduling order deadlines - PUBLIC

Set/reset scheduling order deadlines: Discovery due by 11/3/2023 Dispositive motions due by 12/5/2023 Pretrial statement due by 4/8/2024 All other motions due by 3/6/2024 Trial Status Conference set for 4/9/2024 at 10:00 AM in Orlando Courtroom 3 B before Judge Wendy W. Berger Jury Trial set for the May 2024 trial term commencing on 5/6/2024 at 09:00 AM before Judge Wendy W. Berger Conduct mediation hearing by 11/20/2024. Lead counsel to coordinate dates. Defendant disclosure of expert report due by 9/15/2023 Plaintiff disclosure of expert report due by 8/18/2023 (RMF)

ORDER denying without prejudice 53 Motion for Protective Order. See Order for details. Signed by Magistrate Judge Robert M. Norway on 4/20/2023. (MLS) (Entered: 04/20/2023)

NOTICE of supplemental authority re 44 Response in Opposition to Motion Plaintiffs' Second Motion for Preliminary Injunction by City of Daytona Beach Florida. (Kahn, Michael) (Entered: 06/29/2023)

MOTION to Compel Production of Documents by All Plaintiffs. (Attachments: # 1 Exhibit Request for Production, # 2 Exhibit Interrogatories and Responses, # 3 Exhibit Response to RFP, # 4 Exhibit Emails between Counsel)(Marshall, Daniel) Motions referred to Magistrate Judge Robert M. Norway. (Entered: 07/13/2023)

NOTICE of hearing on motion re 61 MOTION to Compel Production of Documents . Motion Hearing set for 7/24/2023 at 10:00 AM in Orlando Courtroom 3 C before Magistrate Judge Robert M. Norway. Counsel shall appear in person. (LDJ) (Entered: 07/14/2023)

Notice of hearing on motion

RESPONSE in Opposition re 61 MOTION to Compel Production of Documents filed by City of Daytona Beach Florida. (Attachments: # 1 Exhibit, # 2 Exhibit)(Kahn, Michael) (Entered: 07/20/2023)

NOTICE by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis re 61 MOTION to Compel Production of Documents (Joint) (Marshall, Daniel) (Entered: 07/21/2023)

Joint MOTION for Hearing Cancellation by Chad Driggers, George Rowland, Dennis Scott, Douglas Willis. (Marshall, Daniel) (Entered: 07/21/2023)

ENDORSED ORDER denying 65 Motion to Cancel Hearing. Signed by Magistrate Judge Robert M. Norway on 7/23/2023. (Norway, Robert) (Entered: 07/23/2023)

Order on Motion for Hearing / Settlement Conference

Minute Entry. In Person Proceedings held before Magistrate Judge Robert M. Norway: MOTION HEARING held on 7/24/2023 re 61 MOTION to Compel Production of Documents filed by Dennis Scott, Chad Driggers, George Rowland, Douglas Willis. (DIGITAL) (LDJ) (Entered: 07/24/2023)

ORDER denying without prejudice 61 Motion to Compel. See Order for details. Signed by Magistrate Judge Robert M. Norway on 7/24/2023. (MLS) (Entered: 07/24/2023)

Joint MOTION for Extension of Time to File Expert Reports by City of Daytona Beach Florida. (Kahn, Michael) Motions referred to Magistrate Judge Robert M. Norway. (Entered: 08/14/2023)

ENDORSED ORDER granting 70 Motion for Extension of Time to File. Plaintiffs may serve their expert report on or before September 18, 2023, and Defendants may serve their expert report on or before October 15, 2023. No additional deadlines are extended by this Order and the parties may not rely on this extension in any future request for extension of deadlines. Signed by Magistrate Judge Robert M. Norway on 8/15/2023. (JBS) (Entered: 08/15/2023)

Order on Motion for Extension of Time to File