Case: Parilla v. Eslinger

Parilla et al v. Eslinger et al

COMPLAINT against Donald Eslinger, Michael Tidwell, David Diggs, Seminole County ; jury demand (Filing fee $ 250 receipt number 18583), filed by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg.(cbh) (Entered: 06/09/2005)

Summons issued as to Donald Eslinger, Michael Tidwell, David Diggs, Seminole County. (cbh)

RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due within 11 days.Signed by Judge Gregory A. Presnell on 6/9/2005. (AKJ, ) (Entered: 06/09/2005)

INTERESTED PERSONS ORDER for Plaintiffs. Certificate of interested persons and corporate disclosure statement due within 11 days.Signed by Judge Gregory A. Presnell on 6/9/2005. (AKJ, ) (Entered: 06/09/2005)

NOTICE of Appearance by Thomas W. Poulton on behalf of Donald Eslinger, Michael Tidwell, David Diggs (Poulton, Thomas) (Entered: 06/29/2005)

NOTICE of Appearance by D. Andrew DeBevoise on behalf of Donald Eslinger, Michael Tidwell, David Diggs (DeBevoise, D.) (Entered: 06/29/2005)

INTERESTED PERSONS ORDER for Defendants Donald Eslinger, Michael Tidwell and David Diggs. Certificate of interested persons and corporate disclosure statement due within 11 days.Signed by Judge Gregory A. Presnell on 6/30/2005. (Counsel mailed/emailed)(AKJ, ) (Entered: 06/30/2005)

ORDER TO SHOW CAUSE to Plaintiffs' Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg for failure to respond or comply with the Related Case Order and Interested Persons Order. Response due within 11 days. Signed by Judge Gregory A. Presnell on 6/30/2005. (Counsel emailed)(AKJ, ) (Entered: 06/30/2005)

RESPONSE TO ORDER TO SHOW CAUSE re 7 filed by all Plaintiffs. (Berg, Randall) Modified on 7/1/2005 to reflect pleading was filed on behalf of all Plaintiffs (AKJ, ). (Entered: 06/30/2005)

CERTIFICATE of interested persons and corporate disclosure statement re 7 Order to show cause,, 8 Response to order to show cause, 3 Interested persons order by ALL plaintiffs. (Berg, Randall) Modified on 7/1/2005 to reflect pleading filed by ALL plaintiffs(AKJ, ). (Entered: 06/30/2005)

NOTICE of pendency of other actions re 7, 2, 8 order of compliance to Local Rule by ALL plaintiffs; Related case(s): no (Berg, Randall) Modified on 7/1/2005 to reflect pleading filed by ALL plaintiffs (AKJ, ). (Entered: 06/30/2005)

WAIVER OF SERVICE returned executed on 6/22/05 by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Alda Rugg. Waiver of Service sent on 6/10/05 as to Donald Eslinger, Michael Tidwell, David Diggs, Seminole County. (Berg, Randall) (Entered: 07/07/2005)

NOTICE of pendency of other actions re order of compliance to Local Rule by Donald Eslinger, Michael Tidwell, David Diggs Related case(s): No (Poulton, Thomas) (Entered: 07/07/2005)

CERTIFICATE of interested persons and corporate disclosure statement by Donald Eslinger, Michael Tidwell, David Diggs. (Poulton, Thomas) (Entered: 07/07/2005)

CERTIFICATE of interested persons and corporate disclosure statement Amended by Donald Eslinger, Michael Tidwell, David Diggs. (Poulton, Thomas) (Entered: 07/11/2005)

NOTICE of Appearance by David T. White, III on behalf of Seminole County (White, David) (Entered: 07/20/2005)

INTERESTED PERSONS ORDER for Defendant Seminole County. Certificate of interested persons and corporate disclosure statement due by 8/1/2005.Signed by Judge Gregory A. Presnell on 7/21/2005. (AKJ, ) (Entered: 07/21/2005)

Joint MOTION to extend time to For Responsive Pleadings and for Motion on Determination of Class Status by Donald Eslinger, Michael Tidwell, David Diggs. (Poulton, Thomas) (Entered: 07/21/2005)

ENDORSED ORDER granting 17 Motion to extend time ; responsive pleadings for all defendants are due Sept. 2,2005, motion for class certification due 90 days after issuance of CMO. Signed by Judge Gregory A. Presnell on 7/25/2005. (Presnell, Gregory) (Entered: 07/25/2005)

CERTIFICATE of interested persons and corporate disclosure statement by Seminole County. (White, David) (Entered: 07/26/2005)

AMENDED COMPLAINT against all defendants, filed by Ronald M. Parilla. Related document: 1 Complaint, filed by David W. Roberts,, Ronald M. Parilla,, Alda Rugg,, Billy Cates,, Theresa Declue,, Aileen Nunez,, Frantarshia Stafford,.(O'Brien, Cullin) (Entered: 08/02/2005)

MOTION to dismiss and Memorandum of Law by Donald Eslinger, Michael Tidwell, David Diggs. (Poulton, Thomas) (Entered: 08/29/2005)

NOTICE of supplemental authority Regarding Motion to Dismiss by Donald Eslinger, Michael Tidwell, David Diggs (Poulton, Thomas) (Entered: 08/31/2005)

First MOTION to dismiss Complaint by Seminole County. (White, David) (Entered: 09/02/2005)

MEMORANDUM in support re 23 Motion to dismiss, 1 Complaint, filed by Seminole County. (White, David) (Entered: 09/02/2005)

Unopposed MOTION for Extension of Time to File Response/Reply as to 21 MOTION to dismiss and Memorandum of Law, 22 Notice of supplemental authority, 23 First MOTION to dismiss Complaint, 24 Memorandum in support by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg. (Berg, Randall) (Entered: 09/12/2005)

ENDORSED ORDER granting 25 Motion for Extension of Time to File Response/Reply . Signed by Judge Gregory A. Presnell on 9/13/2005. (Presnell, Gregory) (Entered: 09/13/2005)

ORDER TO SHOW CAUSE to Plaintiffs why case should not be dismissed for failure to file the Case Management Report pursuant to L.R. 3.10. Response due within 11 days.Signed by Judge Gregory A. Presnell on 9/20/2005. (Counsel mailed/emailed)(AKJ, ) (Entered: 09/20/2005)

RESPONSE TO ORDER TO SHOW CAUSE re 27 filed by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg. (Berg, Randall) (Entered: 09/24/2005)

RESPONSE in opposition re 23 First MOTION to dismiss Complaint, 21 MOTION to dismiss and Memorandum of Law and 22 Notice of Supplemental Authority filed by defendants filed by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg. (Berg, Randall) (Entered: 09/27/2005)

AMENDED Certificate of Interested Persons and Corporate Disclosure Statement by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg. (Berg, Randall) Modified on 9/30/2005 (ce, ). (Entered: 09/29/2005)

CASE MANAGEMENT REPORT. (Berg, Randall) (Entered: 10/04/2005)

CASE MANAGEMENT AND SCHEDULING ORDER.Signed by Judge Gregory A. Presnell on 10/5/2005. (TKW, ) (Entered: 10/05/2005)

Joint MOTION for Extension of Time to File Motions to Amend Pleadings or to Add Parties by Billy Cates, Theresa Declue, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Donald Eslinger, Michael Tidwell, David Diggs, Seminole County, Alda Rugg. (Berg, Randall) (Entered: 10/05/2005)

CASE REFERRED to mediation, to be completed by 10/31/06. Jay Cohen appointed as mediator (copy of order mailed). (cbh)

NOTICE of Hearing on Motion 23 First MOTION to dismiss Complaint, 21 MOTION to dismiss and Memorandum of Law: Motion Hearing set for 10/28/2005 09:30 AM in Courtroom 3 before Judge Gregory A. Presnell. (TKW, ) (Entered: 10/12/2005)

ORDER granting 33 Motion for Extension of Time to File. Due date for filing any motions to add parties or to amend pleadings is extended to 2/1/06. Signed by Judge Gregory A. Presnell on 10/12/2005. (TKW, ) (Entered: 10/12/2005)

Amended NOTICE of Hearing on 23 First MOTION to dismiss Complaint, 21 MOTION to dismiss and Memorandum of Law: Motion Hearing set for 10/28/2005 01:00 PM (rescheduled from 9:30 AM) in Courtroom 3 before Judge Gregory A. Presnell. (TKW, ) (Entered: 10/26/2005)

MINUTE ENTRY for proceedings held before Judge Gregory A. Presnell : Motion Hearing held on 10/28/2005 re 23 First MOTION to dismiss Complaint filed by Seminole County,, 21 MOTION to dismiss and Memorandum of Law filed by Donald Eslinger,, David Diggs,, Michael Tidwell,. Parties present oral argument. Court takes the matter under advisement and will issue a written order. Court Reporter: Diane Peede (AKJ, ) (Entered: 10/28/2005)

ORDER granting in part and denying in part 21 Motion to dismiss: The Fourteenth Amendment claims in Count One, the entirety of Count Two, and the Fourth Amendment claims in Count Three of the First Amended Class Action Complaint are dismissed; denying 23 Motion to dismiss filed by Seminole County. Signed by Judge Gregory A. Presnell on 12/5/2005. (TKW, )

ANSWER to amended complaint by Seminole County.(White, David) Modified on 12/20/2005 to edit-out text (cbh). (Entered: 12/16/2005)

ANSWER to amended complaint and Affirmative Defenses by Donald Eslinger, Michael Tidwell, David Diggs.(Poulton, Thomas) (Entered: 12/16/2005)

NOTICE of change of address by Randall Challen Berg, Jr (Berg, Randall) (Entered: 12/19/2005)

Joint MOTION for Extension of Time to File Motion for Class Certification and any Motions to Amend the Pleadings or to Add Parties by all parties. (Attachments: # 1 Text of Proposed Order Agreed Order)(Berg, Randall) (Entered: 12/23/2005)

ENDORSED ORDER granting 42 Motion for Extension of Time . Signed by Judge Gregory A. Presnell on 12/27/2005. (Presnell, Gregory) (Entered: 12/27/2005)

Joint MOTION to substitute party - MEDIATOR by all parties. (Poulton, Thomas) (Entered: 02/02/2006)

Joint MOTION to extend time to file motions for class certification, to amend pleadings or to add parties until May 1, 2006 by all parties. (Berg, Randall) (Entered: 02/02/2006)

ORDER granting 44 Motion to substitute mediator; Terrance Schmidt of Jacksonville, Florida is appointed mediator in this case . Signed by Judge Gregory A. Presnell on 2/3/2006. (TKW, ) (Entered: 02/03/2006)

ENDORSED ORDER granting 45 Motion to extend time . Signed by Judge Gregory A. Presnell on 2/3/2006. (Presnell, Gregory) (Entered: 02/03/2006)

MOTION for Cullin Avram O'Brien to withdraw as attorney by all plaintiffs. (O'Brien, Cullin) (Entered: 02/17/2006)

ORDER granting 48 Motion to withdraw as attorney. . Signed by Judge Karla R. Spaulding on 2/21/2006. (MDP, ) (Entered: 02/21/2006)

AMENDED COMPLAINT Second Amended Class Action Comp. against all defendants, filed by all plaintiffs.(Berg, Randall) (Entered: 04/20/2006)

Joint MOTION for Extension of Time to File Motions for Class Certification and to Amend Pleadings by all parties. (Berg, Randall) (Entered: 04/20/2006)

STIPULATION re 50 Amended complaint Defendants' Consent to file Second Amended Complaint by Donald Eslinger, Michael Tidwell, David Diggs, Seminole County. (Berg, Randall) (Entered: 04/20/2006)

ENDORSED ORDER granting 51 Motion for Extension of Time to File . Signed by Judge Gregory A. Presnell on 4/21/2006. (Presnell, Gregory) (Entered: 04/21/2006)

ANSWER to amended complaint by Seminole County.(White, David) (Entered: 04/27/2006)

MEDIATION REPORT Hearing held on 03/27/06 Hearing outcome: unsuccessful but continuing to discuss settlement(Berg, Randall) (Entered: 05/01/2006)

Unopposed MOTION for Extension of Time to File Response/Reply as to 50 Amended complaint by Donald Eslinger, Michael Tidwell, David Diggs. (Poulton, Thomas) (Entered: 05/01/2006)

ORDER granting 56 Motion for Extension of Time to File Response/Reply . Signed by Judge Karla R. Spaulding on 5/2/2006. (MDP, ) (Entered: 05/02/2006)

ANSWER to amended complaint and Affirmative Defenses to Second Amended Class Action Complaint by Donald Eslinger, Michael Tidwell, David Diggs.(Poulton, Thomas) (Entered: 05/04/2006)

Joint MOTION to extend time to Filing Class Certification Motions, Exchange of Expert Witness Reports, Discovery, and Dispositive Motions, for a Period of Two Months by all parties. (Poulton, Thomas) (Entered: 07/27/2006)

ORDER granting 59 Motion to extend time and entering AMENDED CASE MANAGEMENT AND SCHEDULING ORDER . Signed by Judge Gregory A. Presnell on 7/28/2006. (TKW, ) (Entered: 07/28/2006)

NOTICE of Settlement and Request to Leave Case Open for Filing of Settlement Documents by Billy Cates, Kim Lemister, Theresa Declue, Shane Bradley, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Donald Eslinger, Michael Tidwell, David Diggs, Seminole County, Alda Rugg (Berg, Randall) (Entered: 09/28/2006)

ORDER re 61 Notice of Settlement that the parties are to file their settlement documents within 60 days of the date of this Order. Signed by Judge Gregory A. Presnell on 9/29/2006. (TKW, ) (Entered: 09/29/2006)

Joint MOTION for Extension of Time to File Stipulation of Settlement and incorporated Memo of Law by all parties. (Berg, Randall) (Entered: 11/28/2006)

ENDORSED ORDER granting 63 Motion for Extension of Time to File settlement; now due December 15th. Signed by Judge Gregory A. Presnell on 11/29/2006. (Presnell, Gregory) (Entered: 11/29/2006)

Joint MOTION for Extension of Time to File Stipulation of Settlement by all parties. (Berg, Randall) (Entered: 12/15/2006)

ENDORSED ORDER granting 65 Motion for Extension of Time to File; now due Jan. 2,2007. Signed by Judge Gregory A. Presnell on 12/18/2006. (Presnell, Gregory) (Entered: 12/18/2006)

Joint MOTION to certify class Provisionally and Settlement of Class Action by all parties. (Attachments: # 1 Text of Proposed Order (Proposed) Order for Preliminary Approval of Settlement of Class Action# 2 Exhibit Stipulation of Settlement# 3 Exhibit Exhibit A to Proposed Order for Preliminary Approval of Settlement of Class Action# 4 Exhibit Exhibit B to Proposed Order for Preliminary Approval of Settlement of Class Action# 5 Exhibit Exhibit 1 to Stipulation of Settlement# 6 Exhibit Exhibit 2 to Stipulation of Settlement# 7 Exhibit Exhibit 3 Stipulation of Settlement)(Berg, Randall) (Entered: 12/29/2006)

Joint MOTION to certify class Provisionally and for Status Confernce on Joint Motion for Preliminary Approval of Provisional Settlement Class and Settlement of Class Action by all parties. (Berg, Randall) (Entered: 12/29/2006)

ORDER granting 68 Motion for hearing regarding motion to certify class. Signed by Judge Gregory A. Presnell on 1/4/2007. (TKW, ) (Entered: 01/04/2007)

NOTICE of Hearing on Motion 67 Joint MOTION to certify class Provisionally and Settlement of Class Action : Motion Hearing set for 1/24/2007 at 01:00 PM in Courtroom 3 before Judge Gregory A. Presnell. (TKW, ) Modified on 1/5/2007 (TKW, ). (Entered: 01/04/2007)

Joint MOTION for Hearing re 67 Joint MOTION to certify class Provisionally and Settlement of Class Action by all parties. (Berg, Randall) Modified on 1/4/2007: Motion terminated, request for hearing ruled on by Order 69 (cbh). (Entered: 01/04/2007)

MINUTE ENTRY for proceedings held before Judge Gregory A. Presnell : Motion Hearing held on 1/24/2007 re 67 Joint MOTION to certify class Provisionally and Settlement of Class Action filed by Frantarshia Stafford, Theresa Declue, Alda Rugg, Ronald M. Parilla, David Diggs, Aileen Nunez, Seminole County, David W. Roberts, Kim Lemister, Billy Cates, Michael Tidwell, Donald Eslinger, Shane Bradley. Counsel to provide a proposed order. Court goes over proposed settlement agreement. Court Reporter: Diane Peede (AKJ, ) (Entered: 01/24/2007)

ORDER for preliminary approval of settlement of class action. Signed by Judge Gregory A. Presnell on 1/25/2007. (EAD)

NOTICE canceling Final Pretrial/Jury Trial hearing scheduled for 3/7/07 and 4/2/07. (copies mailed/emailed) (AKJ, ) (Entered: 01/29/2007)

Unopposed MOTION to extend time to publish initial newspaper notice by Donald Eslinger. (Poulton, Thomas) (Entered: 02/09/2007)

ENDORSED ORDER granting 75 Motion to extend time. Signed by Judge Gregory A. Presnell on 2/13/2007. (EAD) (Entered: 02/13/2007)

Letter from Bonnie Retalic Kozimor requesting she be excluded from this action filed by Howard S. Marks. (LAK) (Entered: 02/23/2007)

Letter from Asier Murua requesting to be excluded from this class action. (cbh) (Entered: 03/14/2007)

Letter from Dr. Linda Tavernier-Almada, requesting to be excluded from this class action. (cbh) (Entered: 03/14/2007)

NOTICE by Donald Eslinger, Michael Tidwell, David Diggs regarding Settlement Compliance Status (Poulton, Thomas) (Entered: 04/25/2007)

AMENDED NOTICE of Hearing: Fairness Hearing set for 5/24/2007 at 01:15 PM (previously 1:00 PM) in Courtroom 3 before Judge Gregory A. Presnell. (TKW, ) (Entered: 05/02/2007)

NOTICE by Donald Eslinger, Michael Tidwell, David Diggs re 73 Order of Compliance with order dated January 25, 2007 (Poulton, Thomas) (Entered: 05/17/2007)

NOTICE by Billy Cates, Kim Lemister, Theresa Declue, Shane Bradley, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg re 73 Order PLAINTIFFS VERIFIED NOTICE OF COMPLIANCE (Berg, Randall) (Entered: 05/21/2007)

NOTICE of filing Notice of Lien against Ronald M. Parilla by Marion E. Harmon (Attachments: (1) Notice of Lien)(cbh) (Entered: 05/24/2007)

MINUTE ENTRY for Fairness Hearing held before Judge Gregory A. Presnell : on 5/24/2007. Plaintiff's counsel will submit stipulated judgment. Court Reporter: Diane Peede (AD) (Entered: 05/24/2007)

AGREED ORDER AND JUDGMENT OF DISMISSAL; case dismissed with prejudice; clerk is directed to close the file. Signed by Judge Gregory A. Presnell on 5/29/2007. (TKW, )

NOTICE by Billy Cates, Kim Lemister, Theresa Declue, Shane Bradley, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg re 86 Order Notice of (Attachments: # 1 filing the Seminole County Sheriffs Offices jail records of Judy Hagner)(Berg, Randall) (Entered: 05/29/2007)

NOTICE by Billy Cates, Kim Lemister, Theresa Declue, Shane Bradley, Aileen Nunez, David W. Roberts, Ronald M. Parilla, Frantarshia Stafford, Alda Rugg re 86 Order of the (Attachments: # 1 filing of Judy Hagner claims form and all correspondence received by plaintiffs counsel)(Berg, Randall) (Entered: 05/29/2007)

AMENDED ORDER AND JUDGMENT OF DISMISSAL amending 86 Agreed Order and Judgment of Dismissal. Signed by Judge Gregory A. Presnell on 5/30/2007. (EAD) (Entered: 05/30/2007)

Unopposed MOTION for Peter M. Siegel to withdraw as attorney by all plaintiffs. (Berg, Randall) Motions referred to Magistrate Judge Karla R. Spaulding. (Entered: 07/27/2007)

ORDER granting 90 Motion to withdraw as attorney. Signed by Judge Karla R. Spaulding on 7/27/2007. (JML, ) (Entered: 07/27/2007)

Release Satisfaction of Judgment (LAK) (Entered: 07/31/2007)