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122 |
Filed: 6/25/2016, Entered: None |
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ORDER SETTING CASE FOR TRIAL - A pretrial order shall be entered as a separate document. (Jury Trial set for 9/19/2016 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER.) Signed by JUDGE MARK E WALKER on 6/25/2016. (tdl) (Entered: 06/27/2016)
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121 |
Filed: 6/22/2016, Entered: None |
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MANDATE of USCA 120 USCA JUDGMENT "AFFIRMED IN PART, REVERSED IN PART, AND REMANDED" - The enclosed copy of the judgment is hereby issued as mandate of the court as to 115 Notice of Appeal. USCA #15-14343-EE. (tdl) (Entered: 06/22/2016)
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120 |
Filed: 5/24/2016, Entered: None |
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USCA JUDGMENT "AFFIRMED IN PART, REVERSED IN PART, AND REMANDED" - Judgment has this day been entered pursuant to FRAP 36 as to 115 Notice of Appeal. USCA # 15-14343-EE. (tdl) (Entered: 05/24/2016)
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119 |
Filed: 12/3/2015, Entered: None |
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Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Northern District of Florida certifies that the record is complete for purposes of this appeal re: 115 Notice of Appeal, Appeal No. 15-14343-EE. The entire record on appeal is available electronically. (jws) (Entered: 12/03/2015)
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118 |
Filed: 9/30/2015, Entered: None |
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USCA Case Number 15-14343-E for 115 NOTICE OF APPEAL as to 95 Clerk's Judgment. (kdm) (Entered: 10/15/2015)
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117 |
Filed: 9/29/2015, Entered: None |
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Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re 115 Notice of Appeal ; (dac) (Entered: 09/29/2015)
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Request |
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116 |
Filed: 9/28/2015, Entered: None |
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Appeal Instructions re: 115 Notice of Appeal : The Transcript Request Form is available on the Internet at http://www.flnd.uscourts.gov/forms/Attorney/ECCA_transcript_form_fillable.pdf **PLEASE NOTE** Separate forms must be filed for each court reporter. Transcript Order Form due by 10/13/2015. (dac) (Entered: 09/28/2015)
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115 |
Filed: 9/25/2015, Entered: None |
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NOTICE OF APPEAL as to 95 Clerk's Judgment by JAMES BOYNTON. ( Filing fee $505 Receipt Number 1129-3374865.) (COOK, JAMES) (Entered: 09/25/2015)
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114 |
Filed: 9/8/2015, Entered: None |
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ORDER GRANTING AWARD OF COSTS BUT DEFERRING DETERMINATION AS TO THE AMOUNT OF SUCH COSTS UNTIL THE TIME TO FILE AN APPEAL HAS RUN OR THE APPEAL IS FINAL : This Court has considered, without hearing, Defendants Ellison's and Cameron's Motion to Tax Costs. ECF No. 98 . The motion is GRANTED. This Court awards costs but defers ruling on the amount of costs until after the time to file an appeal has run or the appeal is final. Signed by JUDGE MARK E WALKER on 9/8/2015. (dac) Modified on 10/22/2015 (dac). (Entered: 09/09/2015)
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113 |
Filed: 8/27/2015, Entered: None |
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ORDER DENYING MOTION TO AMEND JUDGMENT : This Court DENIES the motion. ECF No. 105 . Signed by JUDGE MARK E WALKER on 8/27/2015. (dac) (Entered: 08/28/2015)
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112 |
Filed: 8/24/2015, Entered: None |
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Plaintiff's NOTICE of Filing Exhibit on CD to Plaintiff's Motion to Alter or Amended filed by JAMES BOYNTON re 106 Notice (Other), (dac) (Entered: 08/27/2015)
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111 |
Filed: 8/24/2015, Entered: None |
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DOCKET ANNOTATION BY COURT: Re 106 Notice (Other), filed by JAMES BOYNTON (received cd/Audio on 8/24/2015) (dac) (Entered: 08/26/2015)
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Request |
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110 |
Filed: 8/24/2015, Entered: None |
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RESPONSE to Motion re 105 MOTION to Alter Judgment filed by CITY OF TALLAHASSEE, CURTIS NORTON. (HENDRIX, BILLY) (Entered: 08/24/2015)
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Request |
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109 |
Filed: 8/21/2015, Entered: None |
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RESPONSE in Opposition re 105 MOTION to Alter Judgment filed by LINDSEY CAMERON, WAYNE ELLISON. (TESSITORE, JOSEPH) (Entered: 08/21/2015)
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108 |
Filed: 8/21/2015, Entered: None |
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NOTICE OF Partial Withdrawal by CITY OF TALLAHASSEE, CURTIS NORTON re 96 MOTION for Taxation of Costs (HENDRIX, BILLY) (Entered: 08/21/2015)
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107 |
Filed: 8/20/2015, Entered: None |
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REPLY to Response to Motion re 98 MOTION for Taxation of Costs MOTION for Taxation of Costs filed by LINDSEY CAMERON, WAYNE ELLISON. (TESSITORE, JOSEPH) (Entered: 08/20/2015)
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106 |
Filed: 8/20/2015, Entered: None |
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NOTICE of Filing Exhibits to Motion to Alter or Amend by JAMES BOYNTON re 105 MOTION to Alter Judgment (Attachments: # 1 Exhibit A Taser X26 User Course v. 16, # 2 Exhibit B Notice of Filing Exhibit on CD by Mail) (COOK, JAMES) (Entered: 08/20/2015)
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105 |
Filed: 8/19/2015, Entered: None |
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MOTION to Alter Judgment by JAMES BOYNTON. (Internal deadline for referral to judge if response not filed earlier: 9/8/2015). (COOK, JAMES) (Entered: 08/19/2015)
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104 |
Filed: 8/17/2015, Entered: None |
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ORDER GRANTING LEAVE TO FILE REPLY TO RESPONSE TO MOTION TO TAX COSTS: Defendants Ellison and Cameron's Motion for Leave to File a Reply to Plaintiff's Response to Motion to Tax Costs. ECF No. 103 . The motion is GRANTED. Defendants may file a response not to exceed 5 pages on or before 8/27/2015). This Court shall not rule on the motion for costs until the appeal is final as previously set forth in its Order of August 10, 2015. ECF No. 102 .(Internal deadline for referral to judge if response not filed earlier: 8/27/2015).). Signed by JUDGE MARK E WALKER on 8/17/2015. (dac) (Entered: 08/18/2015)
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103 |
Filed: 8/14/2015, Entered: None |
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MOTION for Leave to File re 100 Response in Opposition to Motion by LINDSEY CAMERON, WAYNE ELLISON. (TESSITORE, JOSEPH) (Entered: 08/14/2015)
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102 |
Filed: 8/10/2015, Entered: None |
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ORDER : This Court acknowledges the filing of the Motion for Taxation of Costs and the responses to the motion, ECF Nos. 98, 99, 100, and 101, and shall rule on the contested motion once the appeal is final. Signed by JUDGE MARK E WALKER on 8/10/2015. (dac) (Entered: 08/10/2015)
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101 |
Filed: 8/8/2015, Entered: None |
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RESPONSE in Opposition re 96 MOTION for Taxation of Costs CORRECTED COPY filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 08/08/2015)
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100 |
Filed: 8/8/2015, Entered: None |
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RESPONSE in Opposition re 98 MOTION for Taxation of Costs MOTION for Taxation of Costs by Defendants Cameron and Ellison filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 08/08/2015)
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99 |
Filed: 8/7/2015, Entered: None |
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RESPONSE in Opposition re 96 MOTION for Taxation of Costs By City and Officer Norton filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 08/07/2015)
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98 |
Filed: 8/3/2015, Entered: None |
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MOTION for Taxation of Costs () by LINDSEY CAMERON, WAYNE ELLISON. (Attachments: # 1 Exhibit Bill of Costs & Itemization, # 2 Exhibit Cost Affidavit & Itemization) (TESSITORE, JOSEPH) Modified on 8/3/2015 (dac). (Entered: 08/03/2015)
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97 |
Filed: 7/29/2015, Entered: None |
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DOCKET ANNOTATION BY COURT: Re 67 Notice EXHIBIT A Audio Files received From Ms. Becky - placed on file shelf) (dac) (Entered: 07/29/2015)
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96 |
Filed: 7/27/2015, Entered: None |
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MOTION for Taxation of Costs by CITY OF TALLAHASSEE, CURTIS NORTON. (Attachments: # 1 Exhibit 1, # 2 Exhibit 2) (HENDRIX, BILLY) (Entered: 07/27/2015)
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95 |
Filed: 7/23/2015, Entered: None |
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JUDGMENT re 94 Order. 90 Day Exhibit Return Deadline set for 10/21/2015 (dac) (Entered: 07/23/2015)
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94 |
Filed: 7/22/2015, Entered: None |
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ORDER GRANTING MOTIONS FOR SUMMARY JUDGMENT: Defendants Ellison and Camerons motion for summary judgment,ECF No. 71, is GRANTED in part. Defendant Norton and the City of Tallahassees motion for summary judgment, ECF No. 56, is GRANTED in part. Plaintiff Boyntons remaining state law claims are DISMISSED without prejudice. The other motions pending, ECF Nos. 89, 85, and 63, are DENIED. The Clerk shall enter judgment in favor of the Defendants stating,All federal claims against the Defendants are dismissed withprejudice. The remaining state law claims are dismissed withoutprejudice. The Clerk must close the file. Signed by JUDGE MARK E WALKER on 7/22/2015. (dac) (Entered: 07/22/2015)
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93 |
Filed: 7/6/2015, Entered: None |
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NOTICE OF CANCELLATION OF 7/24 PRETRIAL CONFERENCE re 92 Order. (pll) (Entered: 07/06/2015)
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92 |
Filed: 6/29/2015, Entered: None |
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ORDER CONTINUING PRETRIAL: The pretrial now scheduled for Friday, July 24, 2015, is removed from the docket and all pretrial deadlines are stayed. Upon ruling on the pending motions, this Court shall issue a revised pretrial order. Signed by JUDGE MARK E WALKER on 6/29/2015. (dac) (Entered: 06/29/2015)
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91 |
Filed: 6/29/2015, Entered: None |
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RESPONSE in Opposition re 89 MOTION to Exclude Testimony under Daubert and Memorandum of Law filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 06/29/2015)
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90 |
Filed: 6/22/2015, Entered: None |
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MEDIATION REPORT - Impasse (BATEMAN, THOMAS) (Entered: 06/22/2015)
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89 |
Filed: 6/22/2015, Entered: None |
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MOTION to Exclude Testimony under Daubert by LINDSEY CAMERON, WAYNE ELLISON. (TESSITORE, JOSEPH) (Entered: 06/22/2015)
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88 |
Filed: 6/21/2015, Entered: None |
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NOTICE of Withdrawing Plaintiff's Rule 56(d) Motion by JAMES BOYNTON (COOK, JAMES) (Entered: 06/21/2015)
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87 |
Filed: 6/21/2015, Entered: None |
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RESPONSE in Opposition re 85 MOTION for Sanctions filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 06/21/2015)
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86 |
Filed: 6/18/2015, Entered: None |
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NOTICE OF JOINING IN AND ADOPTING THE MOTION FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW FILED BY WAYNE ELLISON AND LINDSEY CAMERON by CITY OF TALLAHASSEE, CURTIS NORTON re 85 MOTION for Sanctions (HENDRIX, BILLY) (Entered: 06/18/2015)
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85 |
Filed: 6/17/2015, Entered: None |
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MOTION for Sanctions by LINDSEY CAMERON, WAYNE ELLISON. (Attachments: # 1 Exhibit Plaintiff's Fourth Amended Rule 26 Disclosures) (TESSITORE, JOSEPH) (Entered: 06/17/2015)
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84 |
Filed: 6/11/2015, Entered: None |
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NOTICE OF HEARING: Pretrial Conference reset for 7/24/2015 11:30 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Pam Lourcey at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Pam LourceyCourtroom Deputy Clerk (pll) (Entered: 06/11/2015)
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83 |
Filed: 6/10/2015, Entered: None |
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NOTICE of Filing Exhibits to Response to Motion for Summary Judgment by Defendants Ellison and Cameron by JAMES BOYNTON re 82 Response in Opposition to Motion (Attachments: # 1 Exhibit A Boynton Affidavit, # 2 Exhibit B X26 Dataport Manual, # 3 Exhibit C Leon EMS Protocols) (COOK, JAMES) (Entered: 06/10/2015)
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82 |
Filed: 6/9/2015, Entered: None |
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RESPONSE in Opposition re 71 MOTION for Summary Judgment filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 06/09/2015)
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81 |
Filed: 6/8/2015, Entered: None |
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MEMORANDUM in Opposition re 72 MOTION for Leave to File re 57 Memorandum in Support of Motion, 58 Memorandum in Support of Motion, 56 MOTION for Summary Judgment, 66 Response in Opposition to Motion (SURREPLY TO REPLY) filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 06/08/2015)
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80 |
Filed: 6/8/2015, Entered: None |
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NOTICE of Filing Supplement to the Record on Summary Judgment by LINDSEY CAMERON, WAYNE ELLISON (Attachments: # 1 Exhibit Declaration of Dr. Sobel) (TESSITORE, JOSEPH) (Entered: 06/08/2015)
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79 |
Filed: 6/5/2015, Entered: None |
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ORDER GRANTING LEAVE TO SUPPLEMENT THE RECORD: This Court GRANTS the motion for leave to supplement the record: re 77 Signed by JUDGE MARK E WALKER on 6/5/2015. (dac) (Entered: 06/05/2015)
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78 |
Filed: 6/4/2015, Entered: None |
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ORDER GRANTING 75 MOTION TO FILE SURREPLY. (Plaintiff may file his surreply by 6/8/2015.) Signed by JUDGE MARK E WALKER on 6/4/2015. (tdl) (Entered: 06/04/2015)
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77 |
Filed: 6/4/2015, Entered: None |
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MOTION for Leave to Supplement the Record on Summary Judgment by LINDSEY CAMERON, WAYNE ELLISON. (TESSITORE, JOSEPH) (Entered: 06/04/2015)
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76 |
Filed: 6/4/2015, Entered: None |
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NOTICE OF MEDIATION re Scheduling by JAMES BOYNTON (COOK, JAMES) (Entered: 06/04/2015)
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75 |
Filed: 6/3/2015, Entered: None |
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MOTION for Leave to File re 74 Reply to Response to Motion, (Surreply) by JAMES BOYNTON. (COOK, JAMES) (Entered: 06/03/2015)
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74 |
Filed: 6/1/2015, Entered: None |
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REPLY to Response to Motion re 72 MOTION for Leave to File re 57 Memorandum in Support of Motion, 58 Memorandum in Support of Motion, 56 MOTION for Summary Judgment, 66 Response in Opposition to Motion, 56 MOTION for Summary Judgment filed by CITY OF TALLAHASSEE, CURTIS NORTON. (HENDRIX, BILLY) (Entered: 06/01/2015)
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73 |
Filed: 5/22/2015, Entered: None |
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ORDER GRANTING MOTION FOR LEAVE TO FILE REPLY MEMORANDUM. This Court has considered, without hearing, Defendants City of Tallahassee and Curtis Norton's Motion for Leave to File Reply Memorandum 72 Motion for Leave to File. The motion is GRANTED. Defendants City and Norton may file their reply, not to exceed 10 pages, on or before June 1, 2015. Signed by JUDGE MARK E WALKER on 5/22/2015. (kjw) (Entered: 05/22/2015)
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72 |
Filed: 5/21/2015, Entered: None |
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MOTION for Leave to File re 57 Memorandum in Support of Motion, 58 Memorandum in Support of Motion, 56 MOTION for Summary Judgment, 66 Response in Opposition to Motion by CITY OF TALLAHASSEE, CURTIS NORTON. (HENDRIX, BILLY) (Entered: 05/21/2015)
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71 |
Filed: 5/19/2015, Entered: None |
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MOTION for Summary Judgment by LINDSEY CAMERON, WAYNE ELLISON. (Internal deadline for referral to judge if response not filed earlier: 6/8/2015). (Attachments: # 1 Exhibit Cameron Deposition Transcript, # 2 Exhibit Ellison Deposition Transcript, # 3 Exhibit Norton Deposition Transcript, # 4 Exhibit Plaintiff's Deposition Transcript, # 5 Exhibit Banarer Deposition Transcript) (TESSITORE, JOSEPH) (Entered: 05/19/2015)
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70 |
Filed: 5/14/2015, Entered: None |
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ORDER GRANTING MOTION TO DISMISS: The motion to dismiss, ECF No. 52, is GRANTED. Count I against Officer Curtis Norton is DISMISSED with prejudice. Count IV against the City of Tallahassee is DISMISSED with prejudice. Additional claims remain against both defendants. Signed by JUDGE MARK E WALKER on 5/14/2015. (dac) (Entered: 05/14/2015)
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69 |
Filed: 5/12/2015, Entered: None |
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RESPONSE in Opposition re 63 MOTION for Sanctions filed by JAMES BOYNTON. (Attachments: # 1 Exhibit A Kinmon Records, # 2 Exhibit B Declaration) (COOK, JAMES) (Entered: 05/12/2015)
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68 |
Filed: 5/12/2015, Entered: None |
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ORDER DENYING MOTION TO DISMISS: The motion to dismiss, ECF No. 51, is DENIED. Signed by JUDGE MARK E WALKER on 5/12/2015. (dac) (Entered: 05/12/2015)
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67 |
Filed: 5/11/2015, Entered: None |
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NOTICE of Filing Exhibits by JAMES BOYNTON re 66 Response in Opposition to Motion (Attachments: # 1 Exhibit A Audio files (by mail), # 2 Exhibit B Boynton Deposition, # 3 Exhibit C Norton Interview, # 4 Exhibit D Norton Deposition, # 5 Exhibit E Ellison Deposition, # 6 Exhibit F Use of Force Report, # 7 Exhibit G TPD Incident Report, # 8 Exhibit H Banarer Expert Report, # 9 Exhibit I Furuseth Deposition, # 10 Exhibit J City Response to RFA, # 11 Exhibit k TPD Taser Policy, # 12 Errata L Plaintiff Discovery Requests, # 13 Exhibit M TMH Medical Report, # 14 Exhibit N City Response to RFP) (COOK, JAMES) Modified on 5/18/2015 (dac). (EXHIBIT A Audio Files received and placed in Judges mail bin for Ms. Becky) (Entered: 05/11/2015)
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66 |
Filed: 5/10/2015, Entered: None |
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RESPONSE in Opposition re 56 MOTION for Summary Judgment (Corrected Version) filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 05/10/2015)
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65 |
Filed: 5/10/2015, Entered: None |
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RESPONSE in Opposition re 56 MOTION for Summary Judgment filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 05/10/2015)
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64 |
Filed: 5/6/2015, Entered: None |
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NOTICE OF JOINING IN AND ADOPTING THE MOTION FOR SANCTIONS AND INCORPORATED MEMORANDUM OF LAW FILED BY WAYNE ELLISON AND LINDSEY CAMERON by CITY OF TALLAHASSEE, CURTIS NORTON re 63 MOTION for Sanctions (HENDRIX, BILLY) (Entered: 05/06/2015)
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63 |
Filed: 5/6/2015, Entered: None |
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MOTION for Sanctions by LINDSEY CAMERON, WAYNE ELLISON. (Attachments: # 1 Exhibit, # 2 Exhibit) (TESSITORE, JOSEPH) (Entered: 05/06/2015)
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62 |
Filed: 4/26/2015, Entered: None |
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RESPONSE in Opposition re 52 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THIRD AMENDED COMPLAINT filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 04/26/2015)
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61 |
Filed: 4/26/2015, Entered: None |
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RESPONSE in Opposition re 51 MOTION to Dismiss the Third Amended Complaint filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 04/26/2015)
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60 |
Filed: 4/20/2015, Entered: None |
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DOCKET ANNOTATION BY COURT: CD received and provided to Chambers. Re 59 Notice (Other) filed by CITY OF TALLAHASSEE, CURTIS NORTON (dac) (Entered: 04/20/2015)
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59 |
Filed: 4/20/2015, Entered: None |
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NOTICE Of Filing Exhibit O Under Separate Cover by CITY OF TALLAHASSEE, CURTIS NORTON re 57 Memorandum in Support of Motion, 58 Memorandum in Support of Motion, 56 MOTION for Summary Judgment (HENDRIX, BILLY) (Entered: 04/20/2015)
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58 |
Filed: 4/20/2015, Entered: None |
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MEMORANDUM in Support re 56 MOTION for Summary Judgment filed by CURTIS NORTON. (HENDRIX, BILLY) (Entered: 04/20/2015)
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57 |
Filed: 4/20/2015, Entered: None |
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MEMORANDUM in Support re 56 MOTION for Summary Judgment filed by CITY OF TALLAHASSEE. (HENDRIX, BILLY) (Entered: 04/20/2015)
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56 |
Filed: 4/20/2015, Entered: None |
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MOTION for Summary Judgment by CITY OF TALLAHASSEE, CURTIS NORTON. (Internal deadline for referral to judge if response not filed earlier: 5/8/2015). (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L, # 13 Exhibit M, # 14 Exhibit N, # 15 Exhibit O) (HENDRIX, BILLY) (Entered: 04/20/2015)
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55 |
Filed: 4/13/2015, Entered: None |
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ORDER GRANTING ELLISON AND CAMERON'S MOTION FOR EXTENSION OF TIME: This Court has considered, without hearing, Wayne Ellison and Lindsey Cameron's Motion for Extension of Time. ECF Nos. 53 and 54 . The motion is GRANTED. The deadline for the filing of summary judgment motions is 5/29/2015; the deadline to conduct Dr. Banarer's deposition is 5/29/2015; and the deadline to submit the report of a rebuttal expert or an amended report by Dr. Sobel is extended to 6/12/2015. Signed by JUDGE MARK E WALKER on 4/13/2015. (dac) (Entered: 04/13/2015)
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54 |
Filed: 4/10/2015, Entered: None |
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MOTION for Extension of Time to Complete Discovery, MOTION for Extension of Time to File Dispositive Motions by LINDSEY CAMERON, WAYNE ELLISON. (TESSITORE, JOSEPH) (Entered: 04/10/2015)
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53 |
Filed: 4/10/2015, Entered: None |
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MOTION for Extension of Time to File Dispositive Motions by LINDSEY CAMERON, WAYNE ELLISON. (TESSITORE, JOSEPH) (Entered: 04/10/2015)
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52 |
Filed: 4/9/2015, Entered: None |
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM THIRD AMENDED COMPLAINT by CITY OF TALLAHASSEE, CURTIS NORTON. (HENDRIX, BILLY) (Entered: 04/09/2015)
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Request |
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51 |
Filed: 4/8/2015, Entered: None |
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MOTION to Dismiss by LINDSEY CAMERON, WAYNE ELLISON. (Internal deadline for referral to judge if response not filed earlier: 4/27/2015). (TESSITORE, JOSEPH) (Entered: 04/08/2015)
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Request |
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50 |
Filed: 4/6/2015, Entered: None |
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THIRD AMENDED COMPLAINT for Damages against All Defendants All Defendants., filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 04/06/2015)
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Request |
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49 |
Filed: 4/3/2015, Entered: None |
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ORDER DENYING MOTION TO STRIKE : Defendants motion to strike, ECF No. 42, is DENIED. Defendants must set the deposition of Dr. Banarer by April 10, 2015, and depose him no later than April 24, 2015. Defendants have until May 8, 2015 to submit the report of a rebuttal expert or an amended report by Dr. Sobel. Signed by JUDGE MARK E WALKER on 4/3/2015. (dac) (Entered: 04/03/2015)
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Request |
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48 |
Filed: 3/27/2015, Entered: None |
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RESPONSE in Opposition re 42 MOTION to Strike Plaintiff's Expert filed by JAMES BOYNTON. (Attachments: # 1 Appendix A) (COOK, JAMES) (Entered: 03/27/2015)
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Request |
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47 |
Filed: 3/25/2015, Entered: None |
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ORDER GRANTING LEAVE TO AMEND AND DENYING MOTIONS TO DISMISS AS MOOT: This Court GRANTS Mr. Boynton leave to amend his second amended complaint for the specific purpose of re-alleging the involuntary institutionalization of Mr. Boynton. The motions to dismiss Mr. Boyntons second amended complaint, ECF Nos. 36, 37, 38, are DENIED as moot. Signed by JUDGE MARK E WALKER on 3/25/2015. (dac) (Entered: 03/25/2015)
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Request |
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46 |
Filed: 3/25/2015, Entered: None |
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Minute Entry for proceedings held before JUDGE MARK E WALKER: Motion Hearing held on 3/25/2015 re 36 MOTION to Dismiss, 37 MOTION to Dismiss, 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Court rules: 36, 37 and 38 Motion to Dismiss are GRANTED with leave to amend the complaint. Third Amended Complaint due 4/6/2015. ( Amended Pleadings due by 4/6/2015.). (Court Reporter Lisa Jones.) (pll) (Entered: 03/25/2015)
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Request |
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45 |
Filed: 3/23/2015, Entered: None |
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NOTICE of Telephonic Hearing on 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM, 36 MOTION to Dismiss, 37 MOTION to Dismiss :Telephonic Motion Hearing set for 3/25/2015 11:00 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. Parties are instructed to call (850) 521-3631 at the time of hearing. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Pam Lourcey at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Pam LourceyCourtroom Deputy Clerk (pll) (Entered: 03/23/2015)
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Request |
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44 |
Filed: 3/18/2015, Entered: None |
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NOTICE OF HEARING: Pretrial Conference set for 7/24/2015 10:00 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. **Note: ONLY THE TIME HAS CHANGED.**United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Pam Lourcey at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Pam LourceyCourtroom Deputy Clerk (pll) (Entered: 03/18/2015)
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Request |
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43 |
Filed: 3/17/2015, Entered: None |
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NOTICE JOINING AND ADOPTING by CITY OF TALLAHASSEE, CURTIS NORTON re 42 MOTION to Strike Plaintiff's Expert (HENDRIX, BILLY) (Entered: 03/17/2015)
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Request |
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42 |
Filed: 3/13/2015, Entered: None |
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MOTION to Strike Plaintiff's Expert by LINDSEY CAMERON, WAYNE ELLISON. (Internal deadline for referral to judge if response not filed earlier: 3/31/2015). (Attachments: # 1 Exhibit Dr. Sobel Expert Report, # 2 Exhibit Dr. Banarer Expert Report) (TESSITORE, JOSEPH) (Entered: 03/13/2015)
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Request |
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41 |
Filed: 2/27/2015, Entered: None |
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ORDER FOR PRETRIAL CONFERENCE: ( Attorney Conference to take place by 7/3/2015., Jury Trial set for 8/17/2015 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER., Pretrial Conference set for 7/24/2015 09:00 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER.). Signed by JUDGE MARK E WALKER on 2/27/2015. (dac) (Entered: 02/27/2015)
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Request |
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40 |
Filed: 2/15/2015, Entered: None |
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RESPONSE in Opposition re 38 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 02/15/2015)
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Request |
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39 |
Filed: 2/9/2015, Entered: None |
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RESPONSE in Opposition re 36 MOTION to Dismiss, 37 MOTION to Dismiss filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 02/09/2015)
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Request |
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38 |
Filed: 1/28/2015, Entered: None |
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MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CITY OF TALLAHASSEE, CURTIS NORTON. (HENDRIX, BILLY) (Entered: 01/28/2015)
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Request |
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37 |
Filed: 1/23/2015, Entered: None |
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MOTION to Dismiss by WAYNE ELLISON. (Internal deadline for referral to judge if response not filed earlier: 2/10/2015). (TESSITORE, JOSEPH) (Entered: 01/23/2015)
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Request |
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36 |
Filed: 1/23/2015, Entered: None |
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MOTION to Dismiss by LINDSEY CAMERON. (Internal deadline for referral to judge if response not filed earlier: 2/10/2015). (TESSITORE, JOSEPH) (Entered: 01/23/2015)
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Request |
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35 |
Filed: 1/20/2015, Entered: None |
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SECOND AMENDED COMPLAINT against All Defendants All Defendants., filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 01/20/2015)
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Request |
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34 |
Filed: 1/14/2015, Entered: None |
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ORDER REQUIRING NOTICE : Plaintiff shall file either an amended complaint no later than 1/20/2015 or a notice explaining that he does not intend to do so. Signed by JUDGE MARK E WALKER on 1/14/2015. (dac) (Entered: 01/15/2015)
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Request |
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33 |
Filed: 12/22/2014, Entered: None |
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ORDER GRANTING IN PART AND DENYING IN PART MOTIONS TO DISMISS: Defendant Camerons motion to dismiss, ECF No. 22, is GRANTEDin part and DENIED in part. Defendant Ellisons motion to dismiss, ECF No. [23,] is GRANTED in part and DENIED in part. Boyntons failure-to-treat claim against Defendants Cameron and Ellison is DISMISSED without prejudice. Boyntons failure-to-intervene claim against Defendants Cameron and Ellison is DISMISSED with prejudice. Signed by JUDGE MARK E WALKER on 12/22/2014. (dac) (Entered: 12/22/2014)
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Request |
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32 |
Filed: 11/25/2014, Entered: None |
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Corporate Disclosure Statement/Certificate of Interested Persons by LINDSEY CAMERON. (TESSITORE, JOSEPH) (Entered: 11/25/2014)
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Request |
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31 |
Filed: 11/21/2014, Entered: None |
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RESPONSE in Opposition re 23 MOTION to Dismiss, 22 MOTION to Dismiss filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 11/21/2014)
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Request |
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30 |
Filed: 11/21/2014, Entered: None |
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ORDER ACKNOWLEDGING 29 NOTICE OF TRIAL CONFLICT AND RESCHEDULING JURY TRIAL ( Jury Trial set for 8/17/2015 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER.). Signed by JUDGE MARK E WALKER on 11/21/2014. (sac) (Entered: 11/21/2014)
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Request |
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29 |
Filed: 11/21/2014, Entered: None |
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NOTICE OF TRIAL CONFLICT by CITY OF TALLAHASSEE, CURTIS NORTON re 25 Scheduling Order,, Case Referred to Mediation, (Attachments: # 1 Exhibit A) (HENDRIX, BILLY) (Entered: 11/21/2014)
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Request |
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28 |
Filed: 11/19/2014, Entered: None |
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NOTICE OF RESCHEDULED HEARING: Jury Selection set for 7/20/2015 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. Jury Trial set for 7/20/2015 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER. United States Courthouse, 111 North Adams St., Tallahassee, Florida 32301. NOTE: If you or any party, witness or attorney in this matter has a disability that requires special accommodation, such as, a hearing impairment that requires a sign language interpreter or a wheelchair restriction that requires ramp access, please contact Pam Lourcey at 850-521-3501 in the Clerk's Office at least one week prior to the hearing (or as soon as possible) so arrangements can be made. s/ Pam LourceyCourtroom Deputy Clerk (pll) (Entered: 11/19/2014)
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Request |
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27 |
Filed: 11/14/2014, Entered: None |
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ORDER GRANTING MOTION FOR ENLARGEMENT OF TIME: The Unopposed Motion for Enlargement of Time. ECF No. 26 . The motion is GRANTED. Plaintiff shall file his responses to Defendants motions to dismiss on or before 11/21/2014). Signed by JUDGE MARK E WALKER on 11/14/2014. (dac) (Entered: 11/14/2014)
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Request |
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26 |
Filed: 11/14/2014, Entered: None |
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Consent MOTION for Extension of Time to File Response/Reply as to 23 MOTION to Dismiss, 22 MOTION to Dismiss by JAMES BOYNTON. (COOK, JAMES) (Entered: 11/14/2014)
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Request |
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25 |
Filed: 11/10/2014, Entered: None |
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SCHEDULING AND MEDIATION ORDER :( Discovery due by 3/31/2015., Dispositive Motions to be filed by 4/15/2015., Jury Trial set for 7/13/2015 08:15 AM in U.S. Courthouse Tallahassee before JUDGE MARK E WALKER., Mediation to take place by 4/14/2015., Mediation Report due by 4/28/2015.), Case referred to mediation. Signed by JUDGE MARK E WALKER on 11/10/2014. (dac) (Entered: 11/12/2014)
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Request |
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24 |
Filed: 11/7/2014, Entered: None |
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REPORT of Rule 26(f) Planning Meeting. (COOK, JAMES) (Entered: 11/07/2014)
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Request |
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23 |
Filed: 10/31/2014, Entered: None |
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MOTION to Dismiss by WAYNE ELLISON. (Internal deadline for referral to judge if response not filed earlier: 11/18/2014). (TESSITORE, JOSEPH) (Entered: 10/31/2014)
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Request |
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| Save 25% on a pre-paid one year subscription. |
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22 |
Filed: 10/31/2014, Entered: None |
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MOTION to Dismiss by LINDSEY CAMERON. (Internal deadline for referral to judge if response not filed earlier: 11/18/2014). (TESSITORE, JOSEPH) (Entered: 10/31/2014)
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Request |
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21 |
Filed: 10/31/2014, Entered: None |
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ANSWER AND AFFIRMATIVE DEFENSES OF THE CITY OF TALLAHASSEE AND CURTIS NORTON TO PLAINTIFFS AMENDED COMPLAINT 19 Amended Complaint by CITY OF TALLAHASSEE, CURTIS NORTON. (HENDRIX, BILLY) Modified on 10/31/2014 (dac). (Entered: 10/31/2014)
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Request |
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20 |
Filed: 10/23/2014, Entered: None |
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ORDER DENYING MOTIONS TO DISMISS AS MOOT: Wayne Ellison and LindseyCamerons motions to dismiss, ECF Nos. 12 and 13, are DENIED as moot.. Signed by JUDGE MARK E WALKER on 10/23/2014. (dac) (Entered: 10/23/2014)
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Request |
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19 |
Filed: 10/22/2014, Entered: None |
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FIRST AMENDED COMPLAINT against All Defendants All Defendants., filed by JAMES BOYNTON. (COOK, JAMES) (Entered: 10/22/2014)
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Request |
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18 |
Filed: 10/21/2014, Entered: None |
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ORDER SETTING ASIDE DISMISSAL: This Court's previous orders, ECF Nos. 14 and 15, are set aside. Boynton has fourteen (14) days to respond to Cameron's motion to dismiss, ECF No. 12 . Boynton has fourteen (14) days to respond to Ellison's motion to dismiss, ECF No. 13 . (The clerk to refer case to chambers if response not filed by 11/4/2014.) Signed by JUDGE MARK E WALKER on 10/21/14. (amm) (amm). (Entered: 10/21/2014)
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Request |
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17 |
Filed: 10/21/2014, Entered: None |
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Consent MOTION to Set Aside 15 Order,, Terminate Motions,, Add and Terminate Parties, 14 Order,, Terminate Motions,, Add and Terminate Parties, by JAMES BOYNTON. (COOK, JAMES) (Entered: 10/21/2014)
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Request |
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16 |
Filed: 10/21/2014, Entered: None |
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NOTICE of PERSONAL SERVICE by JAMES BOYNTON re 9 MOTION to Quash, 10 MOTION to Quash (COOK, JAMES) (Entered: 10/21/2014)
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Request |
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15 |
Filed: 10/21/2014, Entered: None |
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*Order set aside per docket entry 18 * ORDER GRANTING MOTION TO DISMISS: The motion to dismiss for lack of personal jurisdiction, ECF No. 10, is GRANTED. The Complaint against Cameron, ECF No. 1, is DISMISSED without prejudice. Cameron's motion to dismiss, ECF No. 12, filed on October 17, 2014, is DISMISSED as moot. Signed by JUDGE MARK E WALKER on 10/21/14. (amm) Modified on 10/21/2014 (amm). (Entered: 10/21/2014)
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Request |
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14 |
Filed: 10/21/2014, Entered: None |
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*Order set aside per docket entry 18 * ORDER GRANTING MOTION TO DISMISS: The motion to dismiss for lack of personal jurisdiction, ECF No. 9, is GRANTED. The Complaint against Ellison, ECF No. 1, is DISMISSED without prejudice. Ellisons motion to dismiss, ECF No. 13, filed on October 17, 2014, is DISMISSED as moot. Signed by JUDGE MARK E WALKER on 10/21/14. (amm) Modified on 10/21/2014 (amm). (Entered: 10/21/2014)
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Request |
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13 |
Filed: 10/17/2014, Entered: None |
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MOTION to Dismiss by WAYNE ELLISON. (Internal deadline for referral to judge if response not filed earlier: 11/4/2014). (TESSITORE, JOSEPH) Modified on 10/21/2014 (amm). (Entered: 10/17/2014)
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Request |
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12 |
Filed: 10/17/2014, Entered: None |
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MOTION to Dismiss by LINDSEY CAMERON. (Internal deadline for referral to judge if response not filed earlier: 11/4/2014). (TESSITORE, JOSEPH) Modified on 10/21/2014 (amm). (Entered: 10/17/2014)
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Request |
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11 |
Filed: 10/8/2014, Entered: None |
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INITIAL SCHEDULING ORDER : Fed.R.Civ.P. 7.1 Corporate Disclosure Statement Deadline set for 10/22/2014. Rule 26 Meeting Report due by 11/21/2014. Discovery due by 2/4/2015. Signed by JUDGE MARK E WALKER on 10/08/2014. (dac) (Entered: 10/08/2014)
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Request |
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10 |
Filed: 10/1/2014, Entered: None |
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MOTION to Quash by LINDSEY CAMERON. (Attachments: # 1 Exhibit) (TESSITORE, JOSEPH) (Entered: 10/01/2014)
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Request |
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9 |
Filed: 10/1/2014, Entered: None |
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MOTION to Quash by WAYNE ELLISON. (Attachments: # 1 Exhibit) (TESSITORE, JOSEPH) (Entered: 10/01/2014)
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Request |
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8 |
Filed: 10/1/2014, Entered: None |
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ANSWER to 1 Complaint by CITY OF TALLAHASSEE, CURTIS NORTON. (HENDRIX, BILLY) (Entered: 10/01/2014)
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Request |
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7 |
Filed: 9/24/2014, Entered: None |
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NOTICE of Filing Returns of Service by JAMES BOYNTON (Attachments: # 1 Exhibit) (COOK, JAMES) (Entered: 09/24/2014)
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Request |
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6 |
Filed: 7/30/2014, Entered: None |
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NOTICE of Appearance by JAMES VERNON COOK on behalf of JAMES BOYNTON (COOK, JAMES) (Entered: 07/30/2014)
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Request |
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5 |
Filed: 6/19/2014, Entered: None |
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Summons Issued as to All Defendants. (dac) (Additional attachment(s) added on 6/20/2014: # 1 Signed Summons for Mr. Norton) (dac). (Entered: 06/19/2014)
- Attachment 1 Summons Issued as to All Defendants. (dac) (Additional attachment(s) added on 6/20/2014: # 1 Signed Summons for Mr. Norton) (dac). (Entered: 06/19/2014)
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Request |
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4 |
Filed: 6/18/2014, Entered: None |
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NOTICE Of Request for Summons by JAMES BOYNTON (Attachments: # 1 Summons, # 2 Summons, # 3 Summons, # 4 Summons) (MASTERSON, STEPHEN) (Entered: 06/18/2014)
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Request |
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3 |
Filed: 6/17/2014, Entered: None |
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CIVIL COVER SHEET. (MASTERSON, STEPHEN) (Entered: 06/17/2014)
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Request |
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2 |
Filed: 6/17/2014, Entered: None |
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DOCKET ANNOTATION BY COURT: Counsel is advised by this entry, that a Civil Cover Sheet should be filed as a separate entry using the event selection "Civil Cover Sheet" which is found under "Other Filings" under "Other Documents. For future case openings: Please review the procedure for adding/creating new parties in the "Style Guide for Electronic Case Filing" and/or Chapter 10 of the "CM/ECF Attorney User's Guide", (both available on the clerk's website) (dac) (Entered: 06/17/2014)
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Request |
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1 |
Filed: 6/16/2014, Entered: None |
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COMPLAINT against All Defendants ( Filing fee $ 400 receipt number 1129-2973810.), filed by JAMES BOYNTON. (MASTERSON, STEPHEN) (Entered: 06/16/2014)
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Request |
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