Case: United States v. Zastrow

United States of America

United States of America v. Zastrow et al.

COMPLAINT against All Defendants filed by United States Department of Justice. (Attachments: # 1 Civil Cover Sheet, # 2 Supplement Attachment to Civil Cover Sheet)(Van Erem, Haley) (Entered: 06/20/2024)

1 Civil Cover Sheet

View on PACER

2 Supplement Attachment to Civil Cover Sheet

View on PACER

NOTICE of Lead Counsel Designation by Haley Van Erem on behalf of United States Department of Justice. Lead Counsel: Haley Van Erem. (Van Erem, Haley) (Entered: 06/20/2024)

NOTICE of a related action per Local Rule 1.07(c) by United States Department of Justice. Related case(s): Yes (Van Erem, Haley) (Entered: 06/20/2024)

CERTIFICATE of interested persons and corporate disclosure statement by United States Department of Justice. (Van Erem, Haley) (Entered: 06/20/2024)

NEW CASE ASSIGNED to Judge John L. Badalamenti and Magistrate Judge Kyle C. Dudek. New case number: 2:24-cv-576-JLB-KCD. (AJS) (Entered: 06/20/2024)

Case Assigned/Reassigned

CIVIL Action Order. Signed by All Divisional Judges on 6/21/2024. (CGW) (Entered: 06/21/2024)

AMENDED COMPLAINT against All Defendants filed by United States of America.(Van Erem, Haley) (Entered: 06/27/2024)

WAIVER of service returned executed on 06/21/2024 by United States of America as to Kenneth Scott. (Ulate, Eileen) (Entered: 07/01/2024)

WAIVER of service returned executed on 7/10/2024 by United States of America as to Katelyn Sims. (Ulate, Eileen) (Entered: 07/10/2024)

WAIVER of service returned executed on 07/19/2024 by United States of America as to Chester Gallagher. (Ulate, Eileen) (Entered: 07/22/2024)

WAIVER of service returned executed on 07/19/2024 by United States of America as to Eva Zastrow. (Ulate, Eileen) (Entered: 07/22/2024)

WAIVER of service returned executed on 07/19/2024 by United States of America as to Calvin Zastrow. (Ulate, Eileen) (Entered: 07/22/2024)

ANSWER to 7 Amended Complaint by Kenneth Scott.(ABM) (Entered: 08/16/2024)

NOTICE of hearing: IN PERSON Preliminary Pretrial Conference set for 9/30/2024 at 11:00 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. Case Management Report due by 9/25/2024. (CGW) (Entered: 08/19/2024)

NOTICE of Appearance and Designation of Lead Counsel for Defendant Katelyn Sims aka Katelyn Velasco by Rachael S. Loukonen on behalf of Katelyn Sims (Loukonen, Rachael) (Modified on 8/20/2024, to edit text) (BGR). (Entered: 08/19/2024)

NOTICE of a related action per Local Rule 1.07(c) by Katelyn Sims. Related case(s): Yes (Loukonen, Rachael) (Entered: 08/19/2024)

CERTIFICATE of interested persons and corporate disclosure statement by Katelyn Sims. (Loukonen, Rachael) (Entered: 08/19/2024)

MOTION to Dismiss Amended Complaint and Supporting Memorandum of Law by Katelyn Sims. (Loukonen, Rachael) (Entered: 08/19/2024)

NOTICE of Appearance by Adam Joshua Woodward on behalf of Chester Gallagher, Calvin Zastrow, Eva Zastrow (Woodward, Adam) (Entered: 08/19/2024)

NOTICE of a related action per Local Rule 1.07(c) by Chester Gallagher, Calvin Zastrow, Eva Zastrow. Related case(s): Yes (Woodward, Adam) (Entered: 08/19/2024)

CERTIFICATE of interested persons and corporate disclosure statement by Chester Gallagher, Calvin Zastrow, Eva Zastrow. (Woodward, Adam) (Entered: 08/19/2024)

MOTION to Dismiss for Failure to State a Claim by Chester Gallagher, Calvin Zastrow, Eva Zastrow. (Woodward, Adam) (Entered: 08/19/2024)

MOTION for Stephen M. Crampton to appear pro hac vice by Chester Gallagher, Calvin Zastrow, Eva Zastrow. (e-portal) (ABM) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 08/20/2024)

MOTION for Discovery by Kenneth Scott. (ABM) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 08/21/2024)

STRICKEN PER 31 ORDER. Witness List by Kenneth Scott. (ABM) Modified docket text on 8/23/2024 (JOS). (Entered: 08/21/2024)

MOTION for Extension of Time to File additional Exhibits by Kenneth Scott. (ABM) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 08/21/2024)

STRICKEN PER 31 ORDER. Exhibit List by Kenneth Scott. (Attachments: # 1 Exhibit's List, # 2 Exhibit's List)(ABM) Modified docket text on 8/23/2024 (JOS). Modified on 9/13/2024 to seal exhibits (JGG). (Entered: 08/21/2024)

Notice of Hearing

NOTICE TO COUNSEL Stephen M. Crampton Local Rule 2.01(c), Special Admission - Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (ABM) (Entered: 08/20/2024)

ENDORSED ORDER granting 23 Unopposed Motion for Stephen M. Crampton to specially appear to represent Defendants Calvin Zastrow, Chester Gallagher, and Eva Zastrow, which complies with Local Rule 2.01(c). Unless non-resident attorney Crampton already has CM/ECF filing credentials for the Middle District of Florida, he shall submit an E-Filer Registration Form within fourteen days of the date of this order. Failure to complete this step may cause the court to revoke its permission to appear specially without further notice. Signed by Magistrate Judge Kyle C. Dudek on 8/20/2024. (BLW) (Entered: 08/20/2024)

Notice to Counsel of Local Rule

Order on Motion to Appear Pro Hac Vice

ORDER denying 26 motion for Discovery; granting 28 Motion for Extension of Time. If Scott wishes to assert a counterclaim, or otherwise amend his answer, he must do so by September 23, 2024. Signed by Magistrate Judge Kyle C. Dudek on 8/22/2024. (CGW) (Entered: 08/22/2024)

TEXT ORDER. The Clerk is DIRECTED to STRIKE as improperly filed discovery Kenneth Scott's Witness List (Doc. 27) and his Exhibit List (Doc. 29). Discovery requests and responses should generally not be filed on the Court docket except as an attachment to a pending motion, when appropriate, or as directed by the Court. See Fed. R. Civ. P. 5(d)(1)(A). Signed by Judge John L. Badalamenti on 8/22/2024. (BPC) (Entered: 08/22/2024)

Order to Strike

MOTION for Evidentiary Hearing by Kenneth Scott. (ABM) (Entered: 09/05/2024)

SUPPLEMENT re 13 Answer to amended complaint by Kenneth Scott. (ABM) (Entered: 09/05/2024)

Joint MOTION for Miscellaneous Relief, specifically to Adjourn Case Management Conference/Preliminary Pretrial Conference by Chester Gallagher, Kenneth Scott, Katelyn Sims, Calvin Zastrow, Eva Zastrow. (Woodward, Adam) Motions referred to Magistrate Judge Kyle C. Dudek. (Modified on 9/9/2024, to edit text) (BGR). (Entered: 09/06/2024)

RESPONSE in Opposition re 18 MOTION to Dismiss Amended Complaint and Supporting Memorandum of Law, 22 MOTION to Dismiss for Failure to State a Claim filed by United States of America. (Van Erem, Haley) (Entered: 09/06/2024)

CERTIFICATE of Service re 35 Response in Opposition to Motion by United States of America. (Van Erem, Haley) (Modified on 9/9/2024, to edit text) (BGR). (Entered: 09/09/2024)

ORDER denying 32 Defendant Kenneth Scott's Request for An Evidentiary Hearing. Signed by Magistrate Judge Kyle C. Dudek on 9/10/2024. (CGW) (Entered: 09/10/2024)

RESPONSE in Opposition re 34 Joint MOTION for Miscellaneous Relief, specifically to Adjourn Case Management Conference/Preliminary Pretrial Conference filed by United States of America. (Van Erem, Haley) (Entered: 09/12/2024)

ORDER denying 34 Defendants' Joint Motion to Adjourn Case Management Conference. Signed by Magistrate Judge Kyle C. Dudek on 9/17/2024. (CGW) (Entered: 09/17/2024)

MOTION for Extension of Time to File Reply as to 38 Response in Opposition to Motion by United States of America. (ABM) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 09/17/2024)

ENDORSED ORDER denying as moot 40 Motion for Leave to Reply because the Court has already ruled on the motion at Doc. 39. Signed by Magistrate Judge Kyle C. Dudek on 9/18/2024. (BLW) (Entered: 09/18/2024)

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

Unopposed MOTION for Rachael S. Loukonen to appear by video conference for the Preliminary Pretrial Conference on September 30, 2024 by Chester Gallagher, Katelyn Sims, Calvin Zastrow, Eva Zastrow. (Loukonen, Rachael) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 09/19/2024)

ENDORSED ORDER granting 42 Defendants Calvin Zastrow, Chester Gallagher, Eva Zastrow, and Katelyn Sims Velasco's Motion for Telephonic Appearance at the Preliminary Pretrial Conference on 9/30/24. These Defendants may appear telephonically for the conference. Defendant Kenneth Scott, who resides in Fort Myers, must appear in person. The motion is denied to the extent it seeks any greater or different relief. Signed by Magistrate Judge Kyle C. Dudek on 9/20/2024. (BLW) (Entered: 09/20/2024)

MOTION for Recusal by Kenneth Scott. (Attachments: # 1 Exhibit - CD containing video filed separately)(ABM) (Entered: 09/23/2024)

1 Exhibit - CD containing video filed separately

View on PACER

Order on Motion to Appear Telephonically / Video

COUNTERCLAIM against United States of America filed by Kenneth Scott. (Attachments: # 1 Exhibit)(ABM) Modified text on 9/25/2024 (GL). (Entered: 09/25/2024)

1 Exhibit

View on PACER

UNILATERAL CASE MANAGEMENT REPORT. (Attachments: # 1 Exhibit A - United States' Addendum to Case Management Report, # 2 Exhibit B - Defendant Scott's Case Management Report)(Van Erem, Haley) (Entered: 09/25/2024)

Time Sensitive MOTION for Protective Order by United States of America. (Attachments: # 1 Exhibit 1 - Proposed Protective Order)(Van Erem, Haley) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 09/27/2024)

Minute Entry. In Person Proceedings held before Magistrate Judge Kyle C. Dudek: RULE 16(b) CONFERENCE held on 9/30/2024. (Digital) (CGW) (Entered: 09/30/2024)

CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 11/12/2024; Joinder of Parties due by 11/12/2024; Discovery due by 8/29/2025; Dispositive motions due by 9/26/2025; Pretrial statement due by 3/13/2026; All other motions due by 3/9/2026; Plaintiff disclosure of expert report due by 5/31/2025; Defendant disclosure of expert report due by 6/30/2025; Final Pretrial Conference set for 3/27/2026 at 01:30 PM via Zoom Video Conference before Judge John L. Badalamenti; Jury Trial set for 4/6/2026 trial term in Ft. Myers Courtroom 6 B before Judge John L. Badalamenti. Conduct mediation hearing by 9/5/2025. Lead counsel to coordinate dates. Signed by All Divisional Judges on 9/30/2024. (CGW) (Entered: 09/30/2024)

Pay Fee

FEE PAID. Fee for pro hac vice appearance, Receipt No. AFLMDC-22568589 for $150 paid. Special Admission for Non-Resident Attorney Stephen M. Crampton. (Woodward, Adam)

NOTICE of WITHDRAWAL of motion re 44 Motion for Recusal filed by Kenneth Scott by Kenneth Scott (JK) (Entered: 10/02/2024)

TEXT ORDER denying as moot Defendant Kenneth Scott's 44 Motion for Recusal, in light of his notice of withdrawal of the motion (Doc. 51). Signed by Judge John L. Badalamenti on 10/3/2024. (BPC) (Entered: 10/03/2024)

Order on Motion for Recusal

Unopposed MOTION for Extension of Time to File Response/Reply as to 47 Time Sensitive MOTION for Protective Order by Chester Gallagher, Katelyn Sims, Calvin Zastrow, Eva Zastrow. (Loukonen, Rachael) Motions referred to Magistrate Judge Kyle C. Dudek. (Entered: 10/14/2024)

ENDORSED ORDER granting 53 Defendants Calvin Zastrow, Chester Gallagher, Eva Zastrow, and Katelyn Sims Velasco's Motion for Extension of Time to Respond to Plaintiff's Motion for Protective Order. These Defendants must respond to the Motion for Protective Order by 10/21/2024. Signed by Magistrate Judge Kyle C. Dudek on 10/15/2024. (BLW) (Entered: 10/15/2024)

MOTION to Dismiss Counterclaim (Doc. 45) by United States of America. (Van Erem, Haley) (Entered: 10/15/2024)

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

AMENDED NOTICE of Appearance and Designation of Lead Counsel on behalf of Chester Gallagher, Kenneth Scott, Calvin Zastrow, Eva Zastrow (Woodward, Adam) (Modified on 10/18/2024, to edit text) (BGR). (Entered: 10/17/2024)

JOINT RESPONSE in Opposition re 47 Time Sensitive MOTION for Protective Order filed by Chester Gallagher, Kenneth Scott, Katelyn Sims, Calvin Zastrow, Eva Zastrow. (Attachments: # 1 Exhibit 1)(Woodward, Adam) Modified on 10/22/2024 to edit text (ELA). (Entered: 10/21/2024)

Unopposed MOTION for Leave to File Reply to Defendants' Opposition to Plaintiff's Motion for Protective Order by United States of America. (Goemann, Richard) (Entered: 10/23/2024)

ENDORSED ORDER granting 58 the United States' Unopposed Motion for Leave to Reply. The United States may file a reply, not to exceed 5 pages, by 10/30/24. It appears that the Defendants' proposed joint confidentiality stipulation addresses the United States' concerns about protecting individuals related to the Center. The reply should address this. The Court is confident that the parties can come to an agreement on the issues raised in the United States' motion. Signed by Magistrate Judge Kyle C. Dudek on 10/23/2024. (BLW) (Entered: 10/23/2024)

Order on Motion for Leave to File Document

REPLY to Response to Motion re 47 Time Sensitive MOTION for Protective Order filed by United States of America. (Attachments: # 1 Exhibit 1 - United States' Redlines, # 2 Exhibit 2 - Defendants' Redlines, # 3 Exhibit 3 - Proposed Order)(Van Erem, Haley) (Entered: 10/30/2024)

TRANSCRIPT of Rule 16(b) hearing held on September 30, 2024 before Judge Kyle C. Dudek. Court Reporter/Transcriber: David J. Collier. Email address: david_collier@flmd.uscourts.gov. Telephone number: 813-301-5575. NOTICE TO THE PARTIES - The parties have seven (7) calendar days to file with the court a Notice of Intent to Request Redaction of this transcript. If no such notice is filed, the transcript may be made remotely available to the public without redaction after ninety (90) calendar days. Transcript may be viewed at the court public terminal or purchased through the Court Reporter/Transcriber before the deadline for Release of Transcript Restriction. After that date it may be obtained through PACER or purchased through the Court Reporter. Redaction Request due 11/22/2024. Redacted Transcript Deadline set for 12/2/2024. Release of Transcript Restriction set for 1/30/2025. (DJC) (Entered: 11/01/2024)

ORDER granting in part and denying in part 47 Motion for Protective Order. The Court will enter the proposed protective order separately, with certain modifications and clarifications as explained in this Order. Notwithstanding this Order, any party seeking to file a document under seal shall first seek leave under Local Rule 1.11(b); and This Order shall not be construed to restrict or otherwise control the use of confidential information at any hearing or trial in this case. Signed by Magistrate Judge Kyle C. Dudek on 11/6/2024. (Attachments: # 1 Exhibit Protective Order) (CGW) (Entered: 11/06/2024)

NOTICE of hearing: Status Conference set for 2/14/2025 at 12:30 PM via Zoom Video Conference before Magistrate Judge Kyle C. Dudek. The parties shall use the following Zoom link: Join ZoomGov Meeting--https://www.zoomgov.com/j/1618570063?pwd=inaJK71RCUoxaooaUv9MOHour1hBhK.1; Meeting ID: 161 857 0063; Passcode: 882850; One tap mobile: +16692545252,,1618570063#,,,,*882850# US (San Jose); +16468287666,,1618570063#,,,,*882850# US (New York); Dial by your location: * +1 669 254 5252 US (San Jose); * +1 646 828 7666 US (New York); Meeting ID: 161 857 0063; Passcode: 882850. (CGW) (Entered: 01/07/2025)

Notice of Hearing

NOTICE of supplemental authority re 35 Response in Opposition to Motion to Dismiss by United States of America. (Attachments: # 1 )(Howard-Allen, Kelley) (Entered: 01/08/2025)

STIPULATION of Dismissal with Prejudice (Joint) by United States of America. (Pettis, Yohance) (Entered: 01/27/2025)

TEXT ORDER. The parties have filed a Joint Stipulation of Dismissal with Prejudice (Doc. 65) under Federal Rule of Civil Procedure 41(a)(1)(A)(ii) and 41(a)(1)(A)(i). The Stipulation is self-executing only as to Defendants Calvin Zastrow, Chester Gallagher, Eva Zastrow, and Katelyn Sims (aka Katelyn Velasco), under Rule 41(a)(1)(A)(i). See Fed. R. Civ. P. 41(a)(1)(A)(i); see also Matthews v. Gaither, 902 F.2d 877, 880 (11th Cir. 1990) (per curiam). As to the Rule 41(a)(1)(A)(ii) Stipulation between the United States and Kenneth Scott, the Stipulation fails to comply with Rule 41 because Katelyn Sims (aka Katelyn Velasco) is not a signatory to the Stipulation. See City of Jacksonville v. Jacksonville Hospitality Holdings, L.P., 82 F.4th 1031 (11th Cir. 2023); see also Fed. R. Civ. P. 41(a)(1)(A)(ii). Accordingly, the Clerk of Court is DIRECTED to terminate Defendants Calvin Zastrow, Chester Gallagher, Eva Zastrow, and Katelyn Sims (aka Katelyn Velasco). The claims against Kenneth Scott, and his counterclaims, remain because the United States and Kenneth Scott failed to have all parties sign the stipulation under Rule 41(a)(1)(A)(ii). The Court welcomes the refiling of the stipulation for the claims relating to Kenneth Scott. Signed by Judge John L. Badalamenti on 2/3/2025. (BPC) (Entered: 02/03/2025)

TEXT ORDER. The Court dismissed Defendants Calvin Zastrow, Chester Gallagher, Eva Zastrow, and Katelyn Sims (aka Katelyn Velasco) from this case. (Doc. 66). Accordingly, Katelyn Sims' (aka Katelyn Velasco's) Motion to Dismiss (Doc. 18) and Chester Gallagher, Calvin Zastrow, Eva Zastrow's Motion to Dismiss (Doc. 22) are both DENIED as moot. Signed by Judge John L. Badalamenti on 2/3/2025. (BPC) (Entered: 02/03/2025)

Order

Order on Motion to Dismiss AND Order on Motion to Dismiss / Failure to State a Claim

JOINT STIPULATION of Dismissal with Prejudice by United States of America. (Pettis, Yohance) Modified text on 2/4/2025 (JK). (Entered: 02/04/2025)

TEXT ORDER. The parties have filed a Joint Stipulation of Dismissal with Prejudice as to Defendant Kenneth Scott, including any third-party and counterclaims asserted by Mr. Scott (Doc. 68). The Stipulation is self-executing. See Fed. R. Civ. P. 41(a)(1)(A)(ii); Anago Franchising, Inc. v. Shaz, LLC, 677 F.3d 1272, 1278 (11th Cir. 2012). Mr. Scott was the last remaining Defendant, and counter claimant, in this case. Accordingly, the Clerk of Court is DIRECTED to terminate any pending deadlines and motions and close the file. Signed by Judge John L. Badalamenti on 2/4/2025. (BPC) (Entered: 02/04/2025)

NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JK) (Entered: 02/04/2025)

Order Dismissing Case

Notice to Counsel of Local Rule