Case: McArdle v. City of Ocala, FL

COMPLAINT against City of Ocala, FL (Filing fee $ 400 receipt number 113A-15935300) filed by All Plaintiffs. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet, # 3 Proposed Summons)(Anderson, Kirsten) (Entered: 09/19/2019)

NEW CASE ASSIGNED to Judge James S. Moody, Jr and Magistrate Judge Philip R. Lammens. New case number: 5:19-cv-461-Oc-30PRL. (SJB) (Entered: 09/19/2019)

Case Assigned/Reassigned

SUMMONS issued as to City of Ocala, FL. (LAB) (LAB). (Entered: 09/20/2019)

RETURN of service executed on 09/20/2019 by Anthony Cummings, Courtney Ramsey, Patrick McArdle as to City of Ocala, FL. (Anderson, Kirsten) Modified on 11/1/2019 (HAI). (Entered: 09/25/2019)

MOTION to Dismiss Class Action Complaint by City of Ocala, FL. (Gilligan, Patrick) (Entered: 10/10/2019)

Unopposed MOTION to extend time to 11/7/2019 to Respond to Defendant's Partial Motion to Dismiss by All Plaintiffs. (Anderson, Kirsten) (Entered: 10/17/2019)

ENDORSED ORDER granting 6 Plaintiffs' Unopposed Motion for Extension of Time to Respond to Defendant's Partial Motion to Dismiss. Plaintiffs' response is due by November 7, 2019. Signed by Judge James S. Moody, Jr. on 10/18/2019. (SMB) (Entered: 10/18/2019)

Order on motion to extend time

Set Motion and R&R deadlines/hearings - PUBLIC

Set/reset deadlines as to 5 MOTION to Dismiss Class Action Complaint . Responses due by 11/7/2019 (HAI)

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge James S. Moody, Jr. on 10/24/2019. (SMB) (Entered: 10/24/2019)

NOTICE of pendency of related cases re 8 Related case order and track 2 notice per Local Rule 1.04(d) by Anthony Cummings, Patrick McArdle, Courtney Ramsey. Related case(s): yes (Anderson, Kirsten) (Entered: 11/01/2019)

CASE MANAGEMENT REPORT. (Anderson, Kirsten) (Entered: 11/07/2019)

NOTICE of pendency of related cases re 8 Related case order and track 2 notice per Local Rule 1.04(d) by City of Ocala, FL. Related case(s): no (Gilligan, Patrick) (Entered: 11/07/2019)

RESPONSE in Opposition re 5 MOTION to Dismiss Class Action Complaint filed by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Anderson, Kirsten) (Entered: 11/07/2019)

CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/15/2020; Dispositive motions due by 10/15/2020; TELEPHONIC Pretrial Conference set for THURSDAY, JANUARY 7, 2021, at 9:15 A.M. before Judge James S. Moody Jr. The parties shall coordinate a telephonic conference call and contact Chambers at (813) 301-5680. Jury Trial set in Courtroom TBD of the United States Courthouse, 207 N.W. Second Street, First Floor, Ocala, FL, 34475, during the FEBRUARY 2021, trial term before Judge James S. Moody, Jr. Signed by Judge James S. Moody, Jr. on 11/8/2019. (SMB) (Entered: 11/08/2019)

Set/reset scheduling order deadlines - PUBLIC

Set/reset scheduling order deadlines: Defendant disclosure of expert report due by 7/15/2020, Plaintiff disclosure of expert report due by 6/15/2020 (HAI)

ORDER: The City of Ocala's Partial Motion to Dismiss Class Action Complaint (Doc. 5) is DENIED. Signed by Judge James S. Moody, Jr. on 11/13/2019. (SMB) (Entered: 11/13/2019)

ANSWER and affirmative defenses to 1 Complaint by City of Ocala, FL.(Gilligan, Patrick) (Entered: 11/27/2019)

MOTION to Certify Class by All Plaintiffs. (Attachments: # 1 Exhibit Declaration of Juaristic, # 2 Exhibit 2015-2019 Open Lodging Convictions, # 3 Exhibit Declaration of Cummings, # 4 Exhibit Declaration of McArdle, # 5 Exhibit Declaration of Ramsey, # 6 Exhibit Anderson Resume, # 7 Exhibit Siegel Resume, # 8 Exhibit Dunn Resume, # 9 Exhibit Tilley Resume, # 10 Exhibit Azis Resume, # 11 Exhibit Pozzuto Resume)(Siegel, Jodi) (Entered: 12/18/2019)

MOTION to extend time to Respond to Plaintiff's Motion for Class Certification by City of Ocala, FL. (Gilligan, Patrick) (Entered: 12/30/2019)

ENDORSED ORDER granting in part 17 Defendant's Motion for Extension of Time to Respond to Plaintiff's Motion for Class Certification. Defendant's response to Motion for Class Certification is due on April 1, 2020. Signed by Judge James S. Moody, Jr. on 1/2/2020. (SMB) (Entered: 01/02/2020)

Order on motion to extend time

MOTION to Compel Discovery by City of Ocala, FL. (Gilligan, Patrick) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 02/18/2020)

RESPONSE in Opposition re 19 MOTION to Compel Discovery filed by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Anderson, Kirsten) (Entered: 02/24/2020)

MOTION to Quash Subpoenas, MOTION for Protective Order by All Plaintiffs. (Attachments: # 1 Exhibit Defendant's Notice of Serving Subpoena Duces Tecum Without Depositions)(Azis, Jacqueline) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 02/24/2020)

1 Exhibit Defendant's Notice of Serving Subpoena Duces Tecum Without Depositi

View on PACER

RESPONSE in Opposition to Motion re 21 MOTION to Quash Subpoenas MOTION for Protective Order filed by City of Ocala, FL. (Gilligan, Patrick) Modified on 3/9/2020 (HAI). (Entered: 03/06/2020)

ORDER. The City of Ocala's motion to compel discovery of medical history (Doc. 19) is DENIED. Plaintiffs' motion (Doc. 21) for an order quashing the Defendant's subpoenas to the eight medical providers (Marion County Health Department, Quad County Treatment Center, The Vines Hospital, The Centers, Ocala Regional Medical Center, West Marion Community Hospital, Advent Health, Marion County Jail Medical Unit) is GRANTED, and those subpoenas are hereby QUASHED. Plaintiffs' motion for a protective order (Doc. 21) is DENIED to the extent that a limited inquiry is permitted during Plaintiffs' depositions as explained in this Order, but is otherwise GRANTED. See Order for details. Signed by Magistrate Judge Philip R. Lammens on 3/31/2020. (JWM) (Entered: 03/31/2020)

MOTION for Extension of Time to File Response/Reply as to 16 MOTION to Certify Class by City of Ocala, FL. (Gilligan, Patrick) (Entered: 03/31/2020)

ENDORSED ORDER granting 24 Defendant's Unopposed Motion for Extension of Time to Respond to 16 MOTION to Certify Class. Defendant's response is due by April 8, 2020. Signed by Judge James S. Moody, Jr. on 3/31/2020. (SMB) (Entered: 03/31/2020)

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

MOTION to File Excess Pages by City of Ocala, FL. (Gilligan, Patrick) (Entered: 04/02/2020)

ENDORSED ORDER granting 26 Defendant's Unopposed Motion to Exceed Page Limitation to Respond to Plaintiff's Motion for Class Certification. The City of Ocala is permitted to file a response of no more than thirty (30) pages to Plaintiffs' Motion for Class Certification. Signed by Judge James S. Moody, Jr. on 4/3/2020. (SMB) (Entered: 04/03/2020)

Order on Motion to File Excess Pages

NOTICE of filing depositions by City of Ocala, FL (Gilligan, Patrick) Modified on 4/9/2020 (HAI). (Entered: 04/08/2020)

DEPOSITION of Dennis Yonce taken on 2/26/20 by City of Ocala, FL. . (Attachments: # 1 Exhibits to Deposition)(Gilligan, Patrick) (Entered: 04/08/2020)

DEPOSITION of Patrick McArdle taken on 3/13/20 by City of Ocala, FL. . (Attachments: # 1 Depo Exhibits, # 2 Depo Exhibits Part 2)(Gilligan, Patrick) (Entered: 04/08/2020)

DEPOSITION of Courtney Ramsey taken on 3/11/2020 by City of Ocala, FL. . (Attachments: # 1 Depo Exhibits)(Gilligan, Patrick) (Entered: 04/08/2020)

DEPOSITION of Anthony Cummings taken on 3/11/2020 by City of Ocala, FL. . (Attachments: # 1 Exhibit Depo Exhibits)(Gilligan, Patrick) (Entered: 04/08/2020)

AFFIDAVIT of Shawn Minucci by City of Ocala, FL. (Gilligan, Patrick) (Entered: 04/08/2020)

RESPONSE in Opposition re 16 MOTION to Certify Class filed by City of Ocala, FL. (Gilligan, Patrick) (Entered: 04/08/2020)

Unopposed MOTION for Miscellaneous Relief, specifically Leave to File Reply to Defendant's Response to Plaintiffs' Motion to Certify Class by All Plaintiffs. (Anderson, Kirsten) (Entered: 04/13/2020)

Remark no number

Received CDs re 28 NOTICE of filing. (Counsel notified to resend as to #6 (d) - J. Kelly Bodycam.mpg. Unable to play. All other CDs confirmed accessible.) (MJT) ***CD containing Video #8 SEALED per 38 ENDORSED ORDER.*** Modified on 4/24/2020 (MJT).

Remark no number

Received flashdrive of #6 (d) - J. Kelly Bodycam.mpg, confirmed accessible, re 28 NOTICE of filing. (MJT)

MOTION for Miscellaneous Relief, specifically Exclude and/or Strike Body Camera Footage by All Plaintiffs. (Attachments: # 1 Exhibit Plaintiffs' Conferral Email, # 2 Exhibit Defendant's Conferral Email)(Anderson, Kirsten) (Entered: 04/21/2020)

MOTION to Seal by City of Ocala, FL. (Gilligan, Patrick) (Entered: 04/22/2020)

ENDORSED ORDER granting 37 Defendant's Unopposed Motion to Seal Body Camera Footage Related to Plaintiff, Courtney Ramsey. The Clerk is directed to seal the digital file entitled "T.McBride Bodycam1.mpg." Signed by Judge James S. Moody, Jr. on 4/23/2020. (SMB) (Entered: 04/23/2020)

Order on Motion to Seal

Unopposed MOTION for Extension of Time to Complete Discovery and to Modify Scheduling Order by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Siegel, Jodi) (Entered: 04/28/2020)

ENDORSED ORDER granting 39 Plaintiff's Unopposed Motion to Modify Case Management and Scheduling Order. The Court will enter an amended scheduling order. Signed by Judge James S. Moody, Jr. on 4/29/2020. (SMB) (Entered: 04/29/2020)

AMENDEDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 11/4/2020; Dispositive motions due by 12/4/2020; TELEPHONIC Pretrial Conference set for THURSDAY, MARCH 4, 2021, at 10:15 A.M. before Judge James S. Moody Jr. The parties shall coordinate a telephonic conference call and contact Chambers at (813) 301-5680. Jury Trial set in Courtroom TBD of the United States Courthouse, 207 N.W. Second Street, First Floor, Ocala, FL, 34475, during the APRIL 2021, trial term before Judge James S. Moody, Jr. Signed by Judge James S. Moody, Jr. on 4/29/2020. (SMB) (Entered: 04/29/2020)

Order on Motion for Extension of Time to Complete Discovery

Set/reset scheduling order deadlines - PUBLIC

Set/reset scheduling order deadlines: Defendant disclosure of expert report due by 9/4/2020, Plaintiff disclosure of expert report due by 8/4/2020 (HAI)

RESPONSE in Opposition re 36 MOTION for Miscellaneous Relief, specifically Exclude and/or Strike Body Camera Footage filed by City of Ocala, FL. (Gilligan, Patrick) (Entered: 05/06/2020)

MOTION for Miscellaneous Relief, specifically For Court to Acccept Response by City of Ocala, FL. (Gilligan, Patrick) (Entered: 05/06/2020)

ENDORSED ORDER granting 43 Defendant's Motion for Court to Accept Response in Opposition to Plaintiffs' Motion to Exclude and/or Strike Body Camera Footage as Timely Filed. The Court will accept Dkt. 42 as timely filed. Signed by Judge James S. Moody, Jr. on 5/7/2020. (SMB) (Entered: 05/07/2020)

Order on Motion for Miscellaneous Relief

NOTICE of Limited Appearance by Gerard Tuzzio on behalf of The Salvation Army (Tuzzio, Gerard) (Entered: 05/08/2020)

MOTION for Protective Order by The Salvation Army. (Tuzzio, Gerard) (Entered: 05/08/2020)

NOTICE of Center of Hope's Better Responses To Plaintiffs' Subpoena by The Salvation Army (Tuzzio, Gerard) Modified on 5/11/2020 (HAI). (Entered: 05/08/2020)

Amended NOTICE of Center of Hope's Better Responses To Plaintiffs' Subpoena by The Salvation Army (Tuzzio, Gerard) Modified on 5/14/2020 (HAI). (Entered: 05/13/2020)

Plaintiffs and Defendant shall show cause on or before May 21, 2020 why The Salvation Army Center of Hope's proposed protective order should not be entered. Signed by Magistrate Judge Philip R. Lammens on 5/14/2020. (AR) (Entered: 05/14/2020)

Set/reset deadlines/hearings-PUBLIC

Set/reset deadlines/hearings: Plaintiffs and Defendant Show Cause Response due by 5/21/2020 why the Salvation Army Center of Hope's proposed protective order should not be entered. (HAI)

RESPONSE in Opposition re 46 MOTION for Protective Order filed by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Attachments: # 1 Exhibit Salvation Army and Plaintiffs Tentative Agreed Order, # 2 Exhibit Defendant's Notice of No Objections, # 3 Exhibit Conferral Email with Salvation Army and Defendant, # 4 Exhibit Salvation Army Behavioral Expectations, # 5 Exhibit City Agenda Packet 3.28.19, # 6 Exhibit Long Way Home January 2019 Report, # 7 Exhibit City Manager Email with Salvation Army, # 8 Exhibit CoC Board of Governor January 2020 Minutes)(Anderson, Kirsten) (Entered: 05/20/2020)

RESPONSE TO ORDER TO SHOW CAUSE filed by City of Ocala, FL. (Gilligan, Patrick) (Entered: 05/21/2020)

NOTICE of hearing on motion re 46 MOTION for Protective Order . Motion Hearing set for 5/27/2020 at 01:00 PM in Ocala Courtroom 1 A before Magistrate Judge Philip R. Lammens by video conference using ZOOM. (Counsel will receive the meeting invite via email.) Members of the press and public who wish to attend remote hearings must use the web form on the court's internet site: https:// www.flmd.uscourts.gov/webforms/request-remote-access-courtroom-proceedings-press-and-public. (MJT) (Entered: 05/22/2020)

Notice of hearing on motion

NOTICE of Appearance by Christopher Allan Anderson on behalf of City of Ocala, FL (MJT) (Entered: 05/26/2020)

NOTICE of Appearance by Christopher Allan Anderson on behalf of City of Ocala, FL (Anderson, Christopher) (Entered: 05/27/2020)

ENDORSED ORDER granting 35 Plaintiffs' Unopposed Motion for Leave to File Reply to Defendant's Response to Plaintiffs' Motion to Certify the Class. Plaintiffs' reply is due within 14 days from the date of this Order and shall not exceed 10 pages. Signed by Judge James S. Moody, Jr. on 5/27/2020. (SMB) (Entered: 05/27/2020)

Minute Entry. Proceedings held before Magistrate Judge Philip R. Lammens: MOTION HEARING held on 5/27/2020 re 46 MOTION for Protective Order filed by The Salvation Army. (DIGITAL (Zoom)) (MJT) (Entered: 05/28/2020)

Order on Motion for Miscellaneous Relief

ORDER denying 46 Motion for Protective Order. Signed by Magistrate Judge Philip R. Lammens on 5/29/2020. (SA) (Entered: 05/29/2020)

NOTICE of Center of Hope's Supplemental Responses as to #1 - #6 to Plaintiffs' Subpoena by The Salvation Army (Tuzzio, Gerard) Modified on 6/4/2020 (HAI). (Entered: 06/03/2020)

REPLY to Response to Motion re 16 MOTION to Certify Class filed by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Attachments: # 1 Exhibit Street Sweeper Action Plan 1/2019, # 2 Exhibit Street Sweeper Action Plan 12/2018, # 3 Exhibit Operation Innovation Plan, # 4 Exhibit Street Sweeper Statistics, # 5 Exhibit Public Space Trespass, # 6 Exhibit Salvation Army Trespass, # 7 Exhibit "Habitual" Quality of Life Offender)(Siegel, Jodi) (Entered: 06/10/2020)

MOTION to Compel Non-Party Salvation Army to Produce Records by All Plaintiffs. (Attachments: # 1 Exhibit 5/12/20 Letter, # 2 Exhibit 5/19/20 Letter, # 3 Exhibit 5/22/20 Letter, # 4 Exhibit SA Better Responses, # 5 Exhibit 6/4/20 Pltfs' Email, # 6 Exhibit 6/4/20 SA Letter, # 7 Exhibit SA Behavioral Expectations, # 8 Exhibit McArdle Trespass from SA, # 9 Exhibit McArdle Intake SA, # 10 Exhibit SA Bed Count 2018, # 11 Exhibit SA Bed Count 2019, # 12 Exhibit SA Facebook Page, # 13 Exhibit McArdle Trespass Ocala, # 14 Exhibit McArdle Decl 6/12/20, # 15 Exhibit Cummings Trespass SA)(Siegel, Jodi) Motions referred to Magistrate Judge Philip R. Lammens. (Entered: 06/15/2020)

NOTICE of Filing Objection to Topic No. 7 of Plaintiffs' Second Amended Notice of Taking Deposition by The Salvation Army (Attachments: # 1 Exhibit A)(Tuzzio, Gerard) Modified on 6/22/2020 (HAI). (Entered: 06/19/2020)

RESPONSE in Opposition re 61 MOTION to Compel Non-Party Salvation Army to Produce Records filed by The Salvation Army. (Tuzzio, Gerard) (Entered: 06/29/2020)

Unopposed MOTION for Extension of Time to File Response/Reply to Plaintiff's Motion to Compel by City of Ocala, FL. (Anderson, Christopher) (Entered: 06/30/2020)

ENDORSED ORDER granting 64 Defendant's Unopposed Motion for Extension of Time to Respond to 61 Plaintiff's MOTION to Compel Non-Party Salvation Army to Produce Records. Defendant City of Ocala's deadline to respond to Plaintiff's Motion to Compel is extended to July 2, 2020. Signed by Judge James S. Moody, Jr. on 7/1/2020. (SMB) (Entered: 07/01/2020)

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

RESPONSE in Opposition re 61 MOTION to Compel Non-Party Salvation Army to Produce Records filed by City of Ocala, FL. (Gilligan, Patrick) (Entered: 07/02/2020)

ORDER granting in part and denying in part 61 Motion to Compel. Signed by Magistrate Judge Philip R. Lammens on 7/8/2020. (SA) (Entered: 07/08/2020)

RESPONSE re 61 MOTION to Compel Non-Party Salvation Army to Produce Records, 67 Order on Motion to Compel, Response as to #13 of Plaintiffs' Subpoena In Compliance with Court Order filed by The Salvation Army. (Tuzzio, Gerard) (Entered: 07/15/2020)

NOTICE OF HEARING re 16 MOTION to Certify Class: ORAL ARGUMENT is set for TUESDAY, NOVEMBER 3, 2020, at 10:30 AM in Tampa Courtroom 17 before Judge James S. Moody Jr. Time reserved: 1 hour. (SMB) (Entered: 08/31/2020)

Notice of hearing on motion

MOTION In Limine Daubert Motion by City of Ocala, FL. (Gilligan, Patrick) (Entered: 10/05/2020)

MOTION for Protective Order Motion for Expedited Ruling and Request for Oral Argument by City of Ocala, FL. (Gilligan, Patrick) (Entered: 10/05/2020)

RESPONSE to Motion re 71 MOTION for Protective Order Motion for Expedited Ruling and Request for Oral Argument filed by Anthony Cummings, Patrick McArdle, Courtney Ramsey. (Attachments: # 1 Exhibit Deposition Notice for City's Expert, # 2 Exhibit Defendant's Disclosure of Expert Witness)(Anderson, Kirsten) (Entered: 10/07/2020)

ORDER denying 71 The City of Ocala's Motion for Protective Order. Signed by Magistrate Judge Philip R. Lammens on 10/9/2020. (AR) (Entered: 10/09/2020)

MOTION for Extension of Time to File Response/Reply as to 70 MOTION In Limine Daubert Motion by All Plaintiffs. (Azis, Jacqueline) (Entered: 10/15/2020)

ENDORSED ORDER granting 74 Plaintiffs' Unopposed Motion for an Extension to Respond to Defendant's Daubert Motion. Plaintiffs' deadline to respond to Defendant's Daubert Motion is extended to November 9, 2020. Signed by Judge James S. Moody, Jr. on 10/15/2020. (SMB) (Entered: 10/15/2020)

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

Unopposed MOTION for Extension of Time to File substitute expert disclosures and modify case management and scheduling report to allow substitution of expert by All Plaintiffs. (Anderson, Kirsten) (Entered: 10/27/2020)