On Good Friday/Passover, in a strongly-worded 22-page order, a federal judge has rejected the remaining element of St. Johns County Sheriff DAVID SHOAR's five year intimidation and retaliation campaign over the Michelle O'Connell homicide case.
Yes, it's finally over. United States District Court Judge Brian J. Davis has DISMISSED St. Johns County Sheriff's Deputy JEREMY BANKS' civil rights lawsuit against FDLE Special Agent Rusty Ray Rodgers.
Judge Davis previously dismissed BANKS' complaint as failing to state a claim upon which relief can be granted, under Rule 12(b)(6) of the Federal Rules of Civil Procedure.
He allowed BANKS' lawyer, ROBERT McLEOD, II to file an amended complaint. Then came days of deposition and competing motions to resolve the case without trial (summary judgment under Federal Rule of Civil Procedure 56).
Some 3000 pages of evidence were filed for and against duelling summary judgment motions.
In his March 30, 2018 order, Judge Davis roundly rejected BANKS' claims that Rodgers violated his civil and constitutional rights, finding that any reasonable law enforcement officer would have found probable cause that JEREMY BANKS had killed Michelle O'Connell and would have obtained a search warrant. Judge Davis said that alleged "bias" by the career FDLE agent did not amount to a hill of beans, that superficial "errors" were not meaningful, and that BANKS' lawyer had repeatedly misled the Court:
In a lengthy footnote on page 10, Judge Davis wrote:
Judge Davis held:
- Many of BANKS' claims are "unsupported by citation to the record."
- [M]ere conclusions and unsupported factual allegations are legally insufficient to defeat a summary judgment motion."
- Agent Rodgers did not violate BANKS' Fourth Amendment rights to be safe from unreasonable searches and seizures when he obtained search warrants from Judge Charles Tinlin.
- The record is "fraught with aspersions of untruthfulness and bad motive," but special Agent Rodgers was supported by probable cause that BANKS committed homicide.
- Within one month of the death of Michelle O'Connell, BANKS posted on Facebook, "When did I become the things I used to hate? I'm stranded to this ship, left to fall with the crash of the waves."
- Based on undisputed material facts in a 3000 page record, BANKS' lawsuit is DISMISSED.
That is four (4) years, four (4) months, and seventeen (17) days (just shy of 1600 days).
The SLAPP civil rights and malicious prosecution lawsuit was hatched by SHOAR and his henchmen, who found a louche local lawyer to file it. T
SHOAR's harassing lawsuit was initially filed in our local circuit court, but was removed to federal court, where one complaint was dismissed and the second complaint was just dismissed based on summary judgment.
With the ineluctable logic in Judge Davis' Good Friday/Passover decision, the United States Department of Justice Criminal Division, its Public Integrity Section, the Federal Bureau of Investigation, FBI Corruption Task Force, and a federal Grand Jury will likely not be examining Sheriff DAVID SHOAR's misconduct, including making materially false and misleading statements to federal agents, in violation of 18 U.S.C. 1001. Will Governor RICK SCOTT fire SHOAR?
Not quoting from the summary judgment order at all, the Record's 399-word story was as follows, notably BOTH unadorned by a byline or quotations from the 22 page order:
Federal judge dismisses Banks’ lawsuit against Rodgers
By The Record
Posted at 7:04 AM
Updated at 7:04 AM
Another chapter in the years-long controversy surrounding the death of a St. Johns County sheriff’s deputy’s girlfriend came to a close this week when a federal judge dismissed the deputy’s lawsuit against the Florida Department of Law Enforcement agent who had investigated the death.
U.S. District Court Judge Brian Davis of the Middle District of Florida, in an order filed Friday, granted Agent Rusty Ray Rodger’s motion for final summary judgement in the case filed against him by Jeremy Banks.
“It is ordered and adjudged that pursuant to this Court’s Order, entered March 30, 2018, judgement is hereby entered in favor of the Defendant Rusty Ray Rodgers, and against Plaintiff, Jeremy Banks, that the Plaintiff take nothing and the action be dismissed on the merits,” the subsequent judgement reads.
Banks had been suing Rodgers for violating his civil rights during Rodgers’ investigation into the death of Michelle O’Connell, alleging, among things, that Rodgers had provided false information to obtain search warrants and unlawfully detained Banks at one point during the investigation.
O’Connell, 24, was found the evening of Sept. 2, 2010, in Banks’ home suffering from a gunshot wound through her mouth.
Rodgers was assigned to the case by FDLE after O’Connell’s family raised concerns about the original investigation — conducted by the St. Johns Sheriff’s Office — that ultimately concluded the death was a suicide.
The gun that killed O’Connell was Banks’ service weapon, and her family has said that she wouldn’t have harmed herself. Banks, who placed the 911 call the night she died saying that she shot herself, maintains his innocence.
The case, which has since been reviewed by multiple medical examiners, remains classified as a suicide, and at least two special prosecutors have looked at it and found there is not enough evidence to bring criminal charges against Banks.
O’Connell’s death has also been the subject of two lengthy articles from The New York Times and a PBS Frontline documentary.
The most recent New York Times story, published in June 2017, painted St. Johns County Sheriff David Shoar as having waged a public campaign to discredit Rodgers and his investigation into the death.
Friday’s order also denied Banks’ attorney Mac McLeod’s motion, filed in March 2017, to strike Rodgers’ pleadings and defenses and enter a default judgement against Rodgers.
Editor’s Note: This is a developing story; check The Record later this week for further reporting.
-----
Still waiting on Record to report the news. Is it waiting on another handout from Sheriff SHOAR?
Sheriff DAVID SHOAR's website trumpets this ugly travesty of a harassing lawsuit, with materially false and misleading documents created and available at public expense for your edification about SHOAR's extraordinary obstruction of justice on behalf of Deputy BANKS:
Here's the federal court docket sheet, which tells a different story (note that Sheriff SHOAR never gave a deposition):
U.S. District Court
Middle District of Florida (Jacksonville)
CIVIL DOCKET FOR CASE #: 3:14-cv-00065-BJD-MCR
Banks v. Rodgers et al Assigned to: Judge Brian J. Davis Referred to: Magistrate Judge Monte C. Richardson
| Date Filed: 01/15/2014 Date Terminated: 03/30/2018 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Jeremy Banks | represented by | Leslie H. Morton The McLeod Firm Suite 140 1200 Plantation Island Dr S St Augustine, FL 32080 904/471-5007 Email: lmorton@themcleodfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert L. McLeod , II The McLeod Firm Suite 140 1200 Plantation Island Dr S St Augustine, FL 32080 904/471-5007 Fax: 904-461-5059 Email: mmcleod@themcleodfirm.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| Rusty Ray Rodgers an individual | represented by | Amanda J. Woods Sheppard, White & Kachergus, PA 215 Washington St Jacksonville, FL 32202 904/356-9661 Fax: 904/356-9667 Email: sheplaw@att.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Bryan E. DeMaggio Sheppard, White, Kachergus, & DeMaggio PA 215 Washington St Jacksonville, FL 32202 904-356-9661 Fax: 904-356-9667 Email: sheplaw@sheppardwhite.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Chelsea R. Winicki Kubicki Draper Suite 1400 76 South Laura Street Jacksonville, FL 32202 (904) 396-0062 Fax: (904) 396-0380 Email: crw@kubickidraper.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Louise White Sheppard, White, Kachergus, & DeMaggio PA 215 Washington St Jacksonville, FL 32202 904/356-9661 Fax: 904-356-9667 Email: sheplaw@sheppardwhite.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan W. Graessle William S. Graessle, PA 4th Floor 219 Newnan St Jacksonville, FL 32202 904/353-6333 Fax: 904/353-2080 Email: wsgraessle@fcol.com TERMINATED: 12/16/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew R. Kachergus Sheppard, White, Kachergus, & DeMaggio PA 215 Washington St Jacksonville, FL 32202 904/356-9661 Fax: 904/356-9667 Email: sheplaw@sheppardwhite.com LEAD ATTORNEY ATTORNEY TO BE NOTICED William J. Sheppard Sheppard, White, Kachergus, & DeMaggio PA 215 Washington St Jacksonville, FL 32202 904/356-9661 Fax: 904/356-9667 Email: sheplaw@sheppardwhite.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Florida Department of Law Enforcement TERMINATED: 07/22/2015 | represented by | Candace W. Padgett Vernis & Bowling of North Florida, P.A. 4309 Salisbury Road Jacksonville, FL 32216 904/296-6751 Fax: 904/296-2712 Email: cpadgett@florida-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Leonard Thomas Hackett Vernis & Bowling of North Florida, PA 4309 Salisbury Rd Jacksonville, FL 32216 904/296-6751 Fax: 904/296-2712 Email: lhackett@florida-law.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Counter Claimant | ||
| Rusty Ray Rodgers an individual TERMINATED: 10/09/2015 | represented by | Amanda J. Woods (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Bryan E. DeMaggio (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Chelsea R. Winicki (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Elizabeth Louise White (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Jonathan W. Graessle (See above for address) TERMINATED: 12/16/2014 LEAD ATTORNEY ATTORNEY TO BE NOTICED Matthew R. Kachergus (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED William J. Sheppard (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
| Counter Defendant | ||
| Jeremy Banks TERMINATED: 10/09/2015 | represented by | Leslie H. Morton (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED Robert L. McLeod , II (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 03/30/2018 | 118 | JUDGMENT in favor of Rusty Ray Rodgers against Jeremy Banks. Signed by Deputy Clerk on 3/30/2018. (Attachments: # 1 Exhibit Blank Bill of Cost Form)(PAM) (Entered: 03/30/2018) |
| 03/30/2018 | 117 | ORDER DENYING 88 Plaintiff's Motion to Strike Defendant's Pleadings and Defenses with Prejudice, for Entry of Default Judgment on Liability Issues, and Awarding Attorney's Fees and Costs for Fraud on the Court; GRANTING 91 Defendant's Motion for Final Summary Judgment. The Clerk shall enter judgment accordingly and close this file. Signed by Judge Brian J. Davis on 3/30/2018. (AMP) (Entered: 03/30/2018) |
| 07/10/2017 | 116 | NOTICE by Jeremy Banks re 98 Memorandum in opposition, 88 MOTION to Strike Defendant's Pleadings and Defenses with Prejudice, for Entry of Default Judgment on Liability Issues, and Awarding Attorneys' Fees and Costs for Fraud on the Court and Incorporated Memorandum of Law Notice of Re-Filing Deposition Transcripts (Attachments: # 1 Exhibit Deposition.Rodgers.12.05.14.Pt.1 (pp.1-55-Vol.I), # 2 Exhibit Deposition.Rodgers.12.05.14.Pt.2 (pp.56-105-Vol.I), # 3 Exhibit Deposition.Rodgers.12.05.14.Pt.3 (pp.106-160-Vol.I), # 4Exhibit Deposition.Rodgers.12.05.14.Pt.4 (pp.161-212-Vol.II), # 5 Exhibit Deposition.Rodgers.12.05.14.Pt.5 (pp.213-273-Vol.II), # 6 Exhibit Deposition.Rodgers.09.18.15.Pt.1 (pp.274-323-Vol.III), # 7 Exhibit Deposition.Rodgers.09.18.15.Pt.2 (pp.324-373-Vol.III), # 8 Exhibit Deposition.Rodgers.09.18.15.Pt.3 (pp.374-425-Vo.III), # 9 Exhibit Deposition.Rodgers.09.18.15.Pt.4 (pp.426-456-Vol.III), # 10 Exhibit Deposition.Rodgers.09.18.15.Pt.5 (pp.457-479-Vol.III), # 11 Exhibit Deposition.Rodgers.09.18.15.Pt.6 (pp.480-505-Vol.IV), # 12 Exhibit Deposition.Rodgers.09.18.15.Pt.7 (pp.506-532-Vol.IV), # 13 Exhibit Deposition.Rodgers.09.18.15.Pt.8 (pp.533-582-Vol.IV), # 14 Exhibit Deposition.Rodgers.05.06.16.Pt.1 (pp.583-629-Vol.V), # 15 Exhibit Deposition.Rodgers.05.06.16.Pt.2 (pp.630-673-Vol.V), # 16 Exhibit Deposition.Banks.12.03.14.Pt.1 (pp.1-104-Vol.I), # 17 Exhibit Deposition.Banks.12.03.14.Pt.1 (pp.105-177-Vol.II), # 18 Exhibit Deposition.Banks.12.03.14.Pt.1 (pp.178-274-Vol.II), # 19 Exhibit Deposition.Banks.02.02.16.Pt.1 (pp.275-303-Vol.III), # 20 Exhibit Deposition.Banks.02.02.16.Pt.2 (pp.304-333-Vol.III), # 21 Exhibit Deposition.Banks.02.02.16.Pt.3 (pp.334-363-Vol.III), # 22 Exhibit Deposition.Banks.02.02.16.Pt.4 (pp.364-387-Vol.III), # 23 Exhibit Deposition.Banks.02.02.16.Pt.5 (pp.388-414-Vol.IV), # 24 Exhibit Deposition.Banks.02.02.16.Pt.6 (pp.415-444-Vol.IV), # 25 Exhibit Deposition.Banks.02.02.16.Pt.7 (pp.445-477-Vol.IV), # 26 Exhibit Deposition.Banks.02.02.16.Pt.8 (pp.478-501-Vol.IV), # 27 Exhibit Deposition.Banks.02.03.16.Pt.1 (pp.502-552-Vol.V), # 28 Exhibit Deposition.Banks.02.03.16.Pt.2 (pp.553-600-Vol.V), # 29 Exhibit Deposition.Banks.02.03.16.Pt.3 (pp.601-651-Vol.V), # 30 Exhibit Deposition.Banks.02.03.16.Pt.4 (pp.652-697-Vol.V), # 31 Exhibit Deposition.Scott.O'Connell.12.02.14.Pt.1 (pp.1-105-Vol.I), # 32 Exhibit Deposition.Scott.O'Connell.12.02.14.Pt.2 (pp.106-190-Vol.I), # 33 Exhibit Deposition.Scott.O'Connell.12.02.14.Pt.3 (pp.191-217-Vol.II), # 34 Exhibit Deposition.Brutnell.11.17.16.Pt.1 (pp.1-37), # 35 Exhibit Deposition.Brutnell.11.17.16.Pt.2 (pp.38-72), # 36 Exhibit Deposition.Brutnell.11.17.16.Pt.3 (pp.73-108), # 37 Exhibit Deposition.Brutnell.11.17.16.Pt.4 (pp.109-134), # 38 Exhibit Deposition.Hobin.02.04.16.Pt.1 (pp.1-41), # 39 Exhibit Deposition.Hobin.02.04.16.Pt.2 (pp.42-77), # 40 Exhibit Depoisition.Hobin.05.04.16.Pt.1 (pp.78-112), # 41 Exhibit Depoisition.Hobin.05.04.16.Pt.2 (pp.113-134), # 42 Exhibit Deposition.Tolbert.02.22.17.Pt.1 (pp.1-28), # 43 Exhibit Deposition.Tolbert.02.22.17.Pt.2 (pp.29-59), # 44 Exhibit Deposition.Tolbert.02.22.17.Pt.3 (pp.60-90), # 45 Exhibit Deposition.Tolbert.02.22.17.Pt.4 (pp.91-118), # 46 Exhibit Deposition.Tinlin.10.30.15.Pt.1 (pp.1-32), # 47 Exhibit Deposition.Tinlin.10.30.15.Pt.2 (pp.33-58), # 48 Exhibit Deposition.King.12.01.15.Pt.1 (pp.1-31), # 49 Exhibit Deposition.King.12.01.15.Pt.2 (pp.32-59), # 50 Exhibit Deposition.King.12.01.15.Pt.3 (pp.60-88), # 51 Exhibit Deposition.King.12.01.15.Pt.4 (pp.89-109), # 52 Exhibit Deposition.Cole.12.15.17.Pt.1 (pp.1-34), # 53 Exhibit Deposition.Cole.12.15.17.Pt.2 (pp.35-80), # 54 Exhibit Deposition.Cole.12.15.17.Pt.3 (pp.81-122), # 55 Exhibit Deposition.Cole.12.15.17.Pt.4 (pp.123-161), # 56 Exhibit Deposition.Bolante.10.30.15.Pt.1 (pp.1-36), # 57 Exhibit Deposition.Bolante.10.30.15.Pt.2 (pp.37-71), # 58 Exhibit Deposition.Bolante.10.30.15.Pt.3 (pp.72-101), # 59 Exhibit Deposition.Bolante.10.30.15.Pt.4 (pp.102-140), # 60 Exhibit Deposition.Tilley.12.01.15 (pp.1-69-Vol,I), # 61 Exhibit Deposition.Tilley.05.10.16 (pp.70-99-Vol.II), # 62 Exhibit Deposition.Clark.07.27.16.Pt.1 (pp.1-34), # 63 Exhibit Deposition.Clark.07.27.16.Pt.2 (pp.35-71), # 64 Exhibit Deposition.Hardwick.05.26.16.Pt.1 (pp.1-42), # 65 Exhibit Deposition.Hardwick.05.26.16.Pt.2 (pp.43-83), # 66 Exhibit Deposition.Hardwick.05.26.16.Pt.3 (pp.84-118), # 67 Exhibit Deposition.Faircloth.06.23.16.Pt.1 (pp.1-33), # 68 Exhibit Deposition.Faircloth.06.23.16.Pt.2 (pp.34-66), # 69 Exhibit Deposition.Faircloth.06.23.16.Pt.3 (pp.67-106), # 70 Exhibit Deposition.Gladson.Pt.1 (pp.1-39), # 71 Exhibit Deposition.Gladson.Pt.2 (pp.40-81), # 72 Exhibit Deposition.Gladson.Pt.3 (pp.82-119), # 73 Exhibit Deposition.Morris.Pt.1 (pp. 1-41), # 74Exhibit Depositiion.Morris.Pt.2 (pp.42-82), # 75 Exhibit Deposition.Morris.Pt.3 (pp.83-129))(Morton, Leslie) (Entered: 07/10/2017) |
| 07/10/2017 | 115 | ORDER GRANTING 114 Joint Motion to Stay Pretrial Deadlines. No later than July 14, 2017, all documents the parties wish the Court to consider must be filed with the Court under seal or on the public docket. The Fifth Amended Case Management and Scheduling Order 87 is VACATED and this case is REMOVED from the August, 2017 trial term. Signed by Judge Brian J. Davis on 7/10/2017. (AMP) (Entered: 07/10/2017) |
| 07/05/2017 | 114 | Joint MOTION to Stay Pre-trial Deadlines re: 87 FIFTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER, by Rusty Ray Rodgers. (Winicki, Chelsea) Modified on 7/6/2017 to create docket entry relationship. (TMC) (Entered: 07/05/2017) |
| 05/26/2017 | 113 | ENDORSED ORDER: 111 Plaintiff's Motion for Leave to File a Response to Defendant's Reply to Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Final Summary Judgment is DENIED. Signed by Judge Brian J. Davis on 5/25/2017. (AMP) (Entered: 05/26/2017) |
| 05/22/2017 | 112 | RESPONSE to Motion re 111 MOTION for leave to file Response to Defendant's Reply to Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Final Summary Judgmentfiled by Rusty Ray Rodgers. (DeMaggio, Bryan) (Entered: 05/22/2017) |
| 05/19/2017 | 111 | MOTION for leave to file Response to Defendant's Reply to Plaintiff's Memorandum of Law in Opposition to Defendant's Motion for Final Summary Judgment by Jeremy Banks. (Morton, Leslie) (Entered: 05/19/2017) |
| 05/16/2017 | 110 | NOTICE of Filing Deposition Transcripts by Jeremy Banks re 101 Notice (Attachments: # 1 Exhibit, # 2 Exhibit)(Morton, Leslie) Modified on 5/17/2017 to edit text (PAM). (Entered: 05/16/2017) |
| 05/16/2017 | 109 | NOTICE of Filing Deposition Transcripts by Rusty Ray Rodgers (Attachments: # 1 Exhibit, # 2 Exhibit)(Winicki, Chelsea) Modified on 5/17/2017 to edit text (PAM). (Entered: 05/16/2017) |
| 05/16/2017 | 108 | REPLY re 98 Memorandum in opposition to Defendant Rusty Rodgers' motion for Final Summary Judgment filed by Rusty Ray Rodgers. (Winicki, Chelsea) Modified on 5/16/2017 to edit text (PAM). (Entered: 05/16/2017) |
| 05/16/2017 | 107 | NOTICE of Objection to Plaintiff's Notice of Filing Deposition Transcripts by Rusty Ray Rodgers (Winicki, Chelsea) Modified on 5/16/2017 to edit text (PAM). (Entered: 05/16/2017) |
| 05/15/2017 | 106 | NOTICE of Filing Deposition Transcripts re 91 MOTION for summary judgment by Rusty Ray Rodgers (Attachments: # 1 Exhibit AA (vol 1), # 2 Exhibit AA (vol 2), # 3 Exhibit AA (vol 3), # 4 Exhibit AA (vol 4), # 5 Exhibit AA (vol 5), # 6 Exhibit I (1 of 2), # 7 Exhibit I (2 of 2), # 8 Exhibit J (vol 1), # 9 Exhibit J (vol 2), # 10 Exhibit J (vol 3), # 11 Exhibit J (vol4), # 12 Exhibit J (vol 5), # 13 Exhibit Q, # 14 Exhibit R, # 15 Exhibit W)(Winicki, Chelsea) Modified on 5/16/2017 to edit text and link correctly (PAM). (Entered: 05/15/2017) |
| 05/08/2017 | 105 | ENDORSED ORDER: 103 Defendant, Rusty Ray Rodgers' Motion for Leave to File a Reply to Plaintiff's Memorandum of Law in Opposition to Defendant Rusty Ray Rodgers' Motion for Final Summary Judgment is GRANTED. Defendant may file a Reply of no more than seven (7) pages on or before May 16, 2017. Signed by Judge Brian J. Davis on 5/8/2017. (AMP) (Entered: 05/08/2017) |
| 05/05/2017 | 104 | MEMORANDUM in opposition re 103 Motion for Leave to file document filed by Jeremy Banks. (Morton, Leslie) (Entered: 05/05/2017) |
| 05/04/2017 | 103 | MOTION for leave to file reply to 98 MEMORANDUM in opposition re 91 Motion for summary judgment by Rusty Ray Rodgers. (Winicki, Chelsea) Modified on 5/5/2017 to edit text(PAM). (Entered: 05/04/2017) |
| 04/28/2017 | 102 | NOTICE by Jeremy Banks re 100 Notice (Other), 98 Memorandum in opposition Amended Notice of Filing Redacted Exhibits (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Morton, Leslie) (Entered: 04/28/2017) |
| 04/28/2017 | 101 | NOTICE by Jeremy Banks re 98 Memorandum in opposition, 88 MOTION to Strike Defendant's Pleadings and Defenses with Prejudice, for Entry of Default Judgment on Liability Issues, and Awarding Attorneys' Fees and Costs for Fraud on the Court and Incorporated Memorandum of Law Notice of Filing Deposition Transcripts (Attachments: # 1 Exhibit, # 2 Exhibit, # 3Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35 Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit, # 48 Exhibit, # 49 Exhibit, # 50 Exhibit, # 51 Exhibit, # 52 Exhibit, # 53 Exhibit, # 54 Exhibit, # 55 Exhibit, # 56 Exhibit, # 57 Exhibit, # 58 Exhibit, # 59 Exhibit, # 60 Exhibit, # 61 Exhibit, # 62 Exhibit, # 63 Exhibit, # 64 Exhibit, # 65 Exhibit, # 66 Exhibit, # 67 Exhibit, # 68 Exhibit, # 69 Exhibit, # 70 Exhibit, # 71 Exhibit, # 72 Exhibit, # 73 Exhibit, # 74 Exhibit, # 75 Exhibit)(Morton, Leslie) (Entered: 04/28/2017) |
| 04/26/2017 | 100 | NOTICE by Jeremy Banks re 98 Memorandum in opposition Redacted Exhibits (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7 Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit)(Morton, Leslie) Modified on 4/27/2017 (PAM). Counsel directed to re-file exhibits in a redacted format and file complete transcripts and deposition. Modified on 5/1/2017 (PAM). Doc. 6 , 7 , 8 removed due to personal identifiers. See Doc. 102 (Entered: 04/26/2017) |
| 04/25/2017 | 99 | ENDORSED ORDER: The parties shall file the complete depositions corresponding to any filed deposition excerpts on or before May 15, 2017. Signed by Judge Brian J. Davis on 4/25/2017. (AMP) (Entered: 04/25/2017) |
| 04/24/2017 | 98 | MEMORANDUM in opposition re 91 Motion for summary judgment filed by Jeremy Banks. (Attachments: # 1 Exhibit, # 2 Exhibit, # 3 Exhibit, # 4 Exhibit, # 5 Exhibit, # 6 Exhibit, # 7Exhibit, # 8 Exhibit, # 9 Exhibit, # 10 Exhibit, # 11 Exhibit, # 12 Exhibit, # 13 Exhibit, # 14 Exhibit, # 15 Exhibit, # 16 Exhibit, # 17 Exhibit, # 18 Exhibit, # 19 Exhibit, # 20 Exhibit, # 21 Exhibit, # 22 Exhibit, # 23 Exhibit, # 24 Exhibit, # 25 Exhibit, # 26 Exhibit, # 27 Exhibit, # 28 Exhibit, # 29 Exhibit, # 30 Exhibit, # 31 Exhibit, # 32 Exhibit, # 33 Exhibit, # 34 Exhibit, # 35Exhibit, # 36 Exhibit, # 37 Exhibit, # 38 Exhibit, # 39 Exhibit, # 40 Exhibit, # 41 Exhibit, # 42 Exhibit, # 43 Exhibit, # 44 Exhibit, # 45 Exhibit, # 46 Exhibit, # 47 Exhibit)(Morton, Leslie) Modified on 4/25/2017 (PAM). Counsel directed to re-file exhibits due to dates of births, deposition and transcript excerpt, and etc. Modified on 5/1/2017 (PAM). Doc. 19 and 21 removed due to personal identifiers. See Doc. 102 Modified on 5/1/2017 (PAM). See Doc. 101 for Complete transcripts and or depositions. (Entered: 04/24/2017) |
| 04/24/2017 | 97 | ENDORSED ORDER: Plaintiff's Motion for Leave to File a Response in Excess of Twenty (20) Pages 96 is GRANTED. Plaintiff may file a response not to exceed twenty-seven (27) pages to 91 Defendant's Motion for Summary Judgment. Signed by Judge Brian J. Davis on 4/24/2017. (AMP) (Entered: 04/24/2017) |
| 04/21/2017 | 96 | MOTION for Leave to File Excess Pages by Jeremy Banks. (Morton, Leslie) (Entered: 04/21/2017) |
| 04/19/2017 | 95 | NOTICE of unavailability of counsel by Rusty Ray Rodgers from May 16, 2017 to May 29, 2017. (Winicki, Chelsea) (Entered: 04/19/2017) |
| 04/14/2017 | 94 | MEDIATION report Hearing held on 4/12/2017. Hearing outcome: Impasse. (PAM) (Entered: 04/14/2017) |
| 04/06/2017 | 93 | RESPONSE to Motion re 88 MOTION to Strike Defendant's Pleadings and Defenses with Prejudice, for Entry of Default Judgment on Liability Issues, and Awarding Attorneys' Fees and Costs for Fraud on the Court and Incorporated Memorandum of Law filed by Rusty Ray Rodgers. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6Exhibit F, # 7 Exhibit G, # 8 Exhibit H, # 9 Exhibit I, # 10 Exhibit J, # 11 Exhibit K, # 12 Exhibit L)(Winicki, Chelsea) (Entered: 04/06/2017) |
| 03/31/2017 | 92 | SUMMARY JUDGMENT NOTICE re 91 MOTION for summary judgment by Rusty Ray Rodgers. Signed by Deputy Clerk on 3/31/2017. (DLC) (Entered: 03/31/2017) |
| 03/30/2017 | 91 | MOTION for summary judgment by Rusty Ray Rodgers. (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, # 16 Exhibit P, # 17 Exhibit Q, # 18 Exhibit R, # 19 Exhibit S, # 20 Exhibit T, # 21Exhibit U, # 22 Exhibit V, # 23 Exhibit W, # 24 Exhibit X, # 25 Exhibit Y, # 26 Exhibit Z, # 27 Exhibit AA, # 28 Exhibit BB)(Winicki, Chelsea) (Entered: 03/30/2017) |
| 03/30/2017 | 90 | ENDORSED ORDER: Defendant's Motion for Leave to File a Motion in Excess of Twenty-Five (25) Pages 89 is GRANTED. Defendant may file a motion for summary judgment not to exceed thirty (30) pages. Signed by Judge Brian J. Davis on 3/30/2017. (AMP) (Entered: 03/30/2017) |
| 03/29/2017 | 89 | MOTION for leave to file a Motion in Excess of Twenty-Five pages by Rusty Ray Rodgers. (Winicki, Chelsea) (Entered: 03/29/2017) |
| 03/23/2017 | 88 | MOTION to Strike Defendant's Pleadings and Defenses with Prejudice, for Entry of Default Judgment on Liability Issues, and Awarding Attorneys' Fees and Costs for Fraud on the Court and Incorporated Memorandum of Law by Jeremy Banks. (Attachments: # 1 Appendix, # 2 Appendix, # 3 Appendix)(Morton, Leslie) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 03/23/2017) |
| 01/11/2017 | 87 | FIFTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 3/1/2017; Dispositive motions due by 3/30/2017; Conduct mediation hearing by 4/17/2017; Pretrial statement due by 7/12/2017; Final Pretrial Conference set for 7/19/2017 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 8/7/2017 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 1/11/2017. (AMP) (Entered: 01/11/2017) |
| 12/12/2016 | 86 | ORDER GRANTING 85 Renewed Joint Motion for Continuance and Motion for Extension of Deadlines. The Court's Fourth Amended Case Management and Scheduling Order 81 is VACATED and a Fifth Amended Case Management and Scheduling Order will enter forthwith. Signed by Judge Brian J. Davis on 12/12/2016. (AMP) (Entered: 12/12/2016) |
| 12/09/2016 | 85 | JOINT MOTION for continuance and MOTION for extension of deadline in the fourth amended case management and scheduling order by Rusty Ray Rodgers. (Winicki, Chelsea) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 12/12/2016 to edit text(PAM). (Entered: 12/09/2016) |
| 12/01/2016 | 84 | ORDER Denying Without Prejudice 83 Joint Motion for Preliminary Pretrial Conference. Signed by Judge Brian J. Davis on 11/30/2016. (AMP) (Entered: 12/01/2016) |
| 11/22/2016 | 83 | JOINT MOTION for miscellaneous relief, specifically Preliminary Pretrial Conference by Jeremy Banks. (Morton, Leslie) Modified on 11/22/2016 to edit text (PAM). (Entered: 11/22/2016) |
| 11/03/2016 | Mail addressed to Terrance E. Schmidt marked Return to Sender, Insufficient Address, Unable to Forward re: 81 Fourth Amended Case management and scheduling order. Mail resent to Terrance E. Schmidt at new address of Bledsoe, Jacobson, Schmidt, Wright & Sussman at 501 Riverside Avenue, Suite 903, Jacksonville, FL 32202. Chambers notified. (PAM) (Entered: 11/03/2016) | |
| 10/25/2016 | 82 | CASE REFERRED to Mediation. (PAM) (Entered: 10/26/2016) |
| 10/25/2016 | 81 | FOURTH AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 11/30/2016; Dispositive motions due by 12/30/2016; Conduct mediation hearing by 1/17/2017; Pretrial statement due by 4/12/2017; Final Pretrial Conference set for 4/19/2017 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 5/1/2017 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 10/25/2016. (AMP) Modified on 12/13/2016 (PAM). Vacated Per Order Doc. 86 (Entered: 10/25/2016) |
| 10/05/2016 | 80 | ORDER GRANTING IN PART 78 Joint Motion for Continuance. The Court's Third Amended Case Management and Scheduling Order 77 is VACATED and a Fourth Amended Case Management and Scheduling Order will enter forthwith. Signed by Judge Brian J. Davis on 10/3/2016. (AMP) (Entered: 10/05/2016) |
| 09/13/2016 | 79 | NOTICE Cancellation of Deposition by Rusty Ray Rodgers (Winicki, Chelsea) Modified on 9/14/2016 to edit text (PAM). (Entered: 09/13/2016) |
| 08/30/2016 | 78 | JOINT MOTION to Continue Trial by Rusty Ray Rodgers. (Winicki, Chelsea) Modified on 8/30/2016 to edit text (PAM). (Entered: 08/30/2016) |
| 05/09/2016 | 77 | THIRD AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 9/30/2016; Conduct mediation hearing by 10/17/2016; Dispositive motions due by 10/31/2016; Pretrial statement due by 2/15/2017; Final Pretrial Conference set for 2/22/2017 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 3/6/2017 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 5/9/2016. (AMP) Modified on 10/11/2016 (PAM). Vacated Per Order Doc. 80 (Entered: 05/09/2016) |
| 05/02/2016 | 76 | RESPONSE re 75 Order on motion to extend time filed by Jeremy Banks. (Morton, Leslie) (Entered: 05/02/2016) |
| 11/06/2015 | 75 | ORDER Granting 74 Joint Motion to Extend Case Management Deadlines and Trial Date, with instructions to the Clerk. The Court's Second Amended Case Management and Scheduling Order is VACATED and a Third Amended Case Management and Scheduling Order will be entered. On May 2, 2016, the parties shall file a joint notice as directed in this order. Signed by Judge Brian J. Davis on 11/6/2015. (AMP) (Entered: 11/06/2015) |
| 11/04/2015 | 74 | JOINT MOTION to extend time to Case Management Deadlines and Trial Date by Rusty Ray Rodgers. (Winicki, Chelsea) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 11/5/2015 to edit text (PAM). (Entered: 11/04/2015) |
| 10/09/2015 | 73 | ORDER dismissing without prejudice Defendant's cause of action and counter-claim against Plaintiff. The Clerk is directed to terminate Counter Claimant Rodgers and Counter Defendant Banks from the Court docket. Signed by Judge Brian J. Davis on 10/9/2015. (AMP) (Entered: 10/09/2015) |
| 09/14/2015 | 72 | NOTICE of Dismissal Without Prejudice by Rusty Ray Rodgers (Sheppard, William) Modified on 9/15/2015 to edit text (PAM). (Entered: 09/14/2015) |
| 09/08/2015 | 71 | ANSWER and affirmative defenses with Jury Demand to 56 Amended Complaint (Second), COUNTERCLAIM against Jeremy Banks by Rusty Ray Rodgers.(Sheppard, William) (Entered: 09/08/2015) |
| 08/28/2015 | 70 | SECOND AMENDED CASE MANAGEMENT AND SCHEDULING ORDER Granting 69 Motion to Extend Case Management Deadline for Discovery. The following settings and deadlines shall apply: Discovery due by 2/1/2016; Dispositive motions due by 3/4/2016; Conduct mediation hearing by 5/2/2016; Pretrial statement due by 7/13/2016; Final Pretrial Conference set for 7/20/2016 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 8/1/2016 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 8/27/2015. (AMP) (Entered: 08/28/2015) |
| 08/17/2015 | 69 | MOTION for Extension of Time to Complete Discovery by Rusty Ray Rodgers. (Winicki, Chelsea) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 08/17/2015) |
| 08/10/2015 | 68 | ENDORSED ORDER granting 67 Motion for Extension of Time to File Response. Defendant Rodgers shall respond to the Second Amended Complaint no later than September 8, 2015. Signed by Magistrate Judge Monte C. Richardson on 8/10/2015. (ADM) (Entered: 08/10/2015) |
| 08/06/2015 | 67 | MOTION for Extension of Time to File Response/Reply to Plaintiff's Second Amended Complaint by Rusty Ray Rodgers. (Winicki, Chelsea) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 08/06/2015) |
| 07/22/2015 | 66 | ORDER Denying 57 Defendant Rodgers' Motion to Dismiss; Granting 59 Defendant FDLE's Motion to Dismiss; Denying as Moot 63 Defendant Rodgers' Renewed Motion to Stay Discovery. Counts II and III of the Second Amended Complaint are DISMISSED without prejudice and the Clerk is DIRECTED to terminate the FDLE as a party to these proceedings. Signed by Judge Brian J. Davis on 7/22/2015. (AMP) (Entered: 07/22/2015) |
| 06/09/2015 | 65 | AMENDED CASE MANAGEMENT AND SCHEDULING ORDER. The following deadlines and settings shall apply: Discovery due by 12/1/2015; Dispositive motions due by 1/4/2016; Conduct mediation hearing by 3/1/2016; Pretrial statement due by 5/18/2016; Final Pretrial Conference set for 5/25/2016 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 6/6/2016 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 6/8/2015. (AMP) Modified on 6/9/2015 (AMP). (Entered: 06/09/2015) |
| 05/04/2015 | 64 | RESPONSE in Opposition re 63 MOTION to stay discovery filed by Jeremy Banks. (McLeod, Robert) (Entered: 05/04/2015) |
| 04/20/2015 | 63 | RENEWED MOTION to stay discovery by Rusty Ray Rodgers. (Winicki, Chelsea) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 4/21/2015 to edit text (PAM). (Entered: 04/20/2015) |
| 04/02/2015 | 62 | RESPONSE in Opposition re 59 MOTION to dismiss for failure to state a claim Plaintiff's Second Amended Complaint filed by Jeremy Banks. (McLeod, Robert) (Entered: 04/02/2015) |
| 04/02/2015 | 61 | RESPONSE in Opposition re 57 MOTION to Dismiss Plaintiff's Second Amended Complaint and Supporting Memorandum of Law filed by Jeremy Banks. (McLeod, Robert) (Entered: 04/02/2015) |
| 03/20/2015 | 60 | Minute Entry for proceedings held before Judge Brian J. Davis: PRETRIAL AND CASE MANAGEMENT CONFERENCE held on 3/20/2015. Court Reporter: Shelli Kozachenko (EAM) Modified text on 3/20/2015 (EAM). (Entered: 03/20/2015) |
| 03/19/2015 | 59 | MOTION to dismiss Plaintiff's Second Amended Complaint by Florida Department of Law Enforcement. (Hackett, Leonard) Modified on 3/20/2015 to edit text (PAM). (Entered: 03/19/2015) |
| 03/19/2015 | 58 | CASE MANAGEMENT REPORT. (McLeod, Robert) (Entered: 03/19/2015) |
| 03/19/2015 | 57 | MOTION to Dismiss Plaintiff's Second Amended Complaint and Supporting Memorandum of Law by Rusty Ray Rodgers. (Winicki, Chelsea) (Entered: 03/19/2015) |
| 03/05/2015 | 56 | SECOND AMENDED COMPLAINT against Florida Department of Law Enforcement, Rusty Ray Rodgers with Jury Demand. filed by Jeremy Banks.(McLeod, Robert) Modified on 3/6/2015 to edit text (PAM). (Entered: 03/05/2015) |
| 02/24/2015 | 55 | ORDER finding as moot 53 Motion to Quash. See order for details. Signed by Magistrate Judge Monte C. Richardson on 2/24/2015. (DLC) (Entered: 02/24/2015) |
| 02/24/2015 | 54 | NOTICE of withdrawal of motion by Rusty Ray Rodgers re 53 Emergency MOTION to quash Plaintiff's Subpoena for Deposition, Issued to Rusty Ray Rodgers and Motion for Protective Order filed by Rusty Ray Rodgers (Attachments: # 1 Exhibit)(Winicki, Chelsea) (Entered: 02/24/2015) |
| 02/24/2015 | 53 | EMERGENCY MOTION to quash Plaintiff's Subpoena for Deposition, Issued to Rusty Ray Rodgers and Motion for Protective Order by Rusty Ray Rodgers. (Attachments: # 1 Exhibit)(Winicki, Chelsea) Modified on 2/25/2015 to edit text (PAM). (Entered: 02/24/2015) |
| 02/23/2015 | 52 | ORDER denying as moot without prejudice to refiling, if necessary, 46 Motion to Compel responsive documents and better responses from Defendant Rusty Ray Rodgers. See order for details. Signed by Magistrate Judge Monte C. Richardson on 2/23/2015. (DLC) (Entered: 02/23/2015) |
| 02/17/2015 | 51 | ENDORSED ORDER VACATING the Court's 30 Case Management and Scheduling Order and Referral to Mediation, in light of 49 the Court's Order granting the parties' Joint Motion for Pretrial Conference and Case Management. On or before March 19, 2015, the parties shall file a renewed [5-1] Case Management Report, setting forth proposed deadlines to govern this cause. Signed by Judge Brian J. Davis on 2/17/2015. (AMP) (Entered: 02/17/2015) |
| 02/13/2015 | 50 | NOTICE of Hearing: Pretrial and Case Management Conference are set for 3/20/2015 at 9:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis.(AMP) (Entered: 02/13/2015) |
| 02/13/2015 | 49 | ORDER Granting 16 Motion to Dismiss; Granting 43 Joint Motion for Pretrial and Case Management Conference; Denying 48 Motion to Reassign Case. Counts I, II, III, V and VI of the Amended Complaint are DISMISSED without prejudice. Plaintiff shall file an Amended Complaint on or before March 5, 2015. Signed by Judge Brian J. Davis on 2/13/2015. (AMP) (Entered: 02/13/2015) |
| 02/02/2015 | 48 | MOTION to Reassign Case from Track Two Status to Track Three Status by Jeremy Banks. (McLeod, Robert) (Entered: 02/02/2015) |
| 01/30/2015 | 47 | RESPONSE to Motion re 46 First MOTION to Compel Def to Produce Documents and Provide Complete Responses to First Request filed by Rusty Ray Rodgers. (Attachments: # 1 Exhibit)(Winicki, Chelsea) (Entered: 01/30/2015) |
| 01/16/2015 | 46 | MOTION to Compel Defendant to Produce Documents and Provide Complete Responses to First Request by Jeremy Banks. (Attachments: # 1 Exhibit Pls Request for Production of Documents, # 2 Exhibit Def. Response to Pls First Request for Production of Documents)(McLeod, Robert) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 1/16/2015 to edit text (PAM). (Entered: 01/16/2015) |
| 12/16/2014 | 45 | ENDORSED ORDER granting 44 Motion to Withdraw. Jonathan W. Graessle, Esq. is relieved of any further responsibility as counsel for Defendant Rusty Ray Rodgers in this matter. However, Mr. Graessle shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. Signed by Magistrate Judge Monte C. Richardson on 12/16/2014. (ADM) (Entered: 12/16/2014) |
| 12/16/2014 | 44 | UNOPPOSED MOTION for to withdraw as attorney for Defendant by Rusty Ray Rodgers. (Graessle, Jonathan) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 12/16/2014 to edit text (PAM). (Entered: 12/16/2014) |
| 12/05/2014 | 43 | JOINT MOTION for pretrial conference and case management conference by Jeremy Banks. (Morton, Leslie) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 12/8/2014 to edit title (BD). Modified on 12/8/2014 to edit text (PAM). (Entered: 12/05/2014) |
| 11/17/2014 | 42 | ORDER denying 35 Motion for Sanctions and discharging 37 Order to Show Cause. Signed by Magistrate Judge Monte C. Richardson on 11/16/2014. (ADM) (Entered: 11/17/2014) |
| 10/30/2014 | 41 | ORDER granting 40 Motion to extend time only to the extent that Plaintiff's expert report disclosure deadline is January 5, 2015, and Defendants' expert report disclosure deadline is February 2, 2015. All other terms and deadlines as set forth in 30 Case Management and Scheduling Order, as amended, shall remain intact. Signed by Magistrate Judge Monte C. Richardson on 10/30/2014. (ADM) (Entered: 10/30/2014) |
| 10/29/2014 | 40 | MOTION to extend time to disclosure of expert reports by Jeremy Banks. (Morton, Leslie) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 10/29/2014) |
| 10/27/2014 | 39 | RESPONSE TO ORDER TO SHOW CAUSE filed by Rusty Ray Rodgers. (Winicki, Chelsea) (Entered: 10/27/2014) |
| 10/23/2014 | 38 | NOTICE of compliance re: 36 Order by Jeremy Banks (McLeod, Robert) Modified on 10/23/2014 to edit text (PAM). (Entered: 10/23/2014) |
| 10/06/2014 | 37 | ORDER taking under advisement 35 Motion for Sanctions. Defendant shall show cause by October 27, 2014 regarding expenses. Signed by Magistrate Judge Monte C. Richardson on 10/6/2014. (ADM) Modified on 11/17/2014 (PAM). Discharged Per Order Doc. #42 (Entered: 10/06/2014) |
| 10/06/2014 | 36 | ORDER directing Robert L. McLeod, II to be admitted by 11/3/2014. See Order for details. Signed by Magistrate Judge Monte C. Richardson on 10/6/2014. (ADM) (Entered: 10/06/2014) |
| 10/02/2014 | 35 | NOTICE of withdrawal of motion to compel and renewal of MOTION for sanctions by Jeremy Banks re 33 First MOTION to Compel Deposition of Defendant Rodgers filed by Jeremy Banks (Morton, Leslie) Modified on 10/3/2014 to edit text (PAM). Modified on 10/3/2014 to change event. Chambers notified (PAM). (Entered: 10/02/2014) |
| 09/30/2014 | 34 | ENDORSED ORDER directing Defendants to respond to 33 Plaintiff's Motion to Compel no later than October 7, 2014, or the Motion will be deemed unopposed. Signed by Magistrate Judge Monte C. Richardson on 9/30/2014. (ADM) (Entered: 09/30/2014) |
| 09/10/2014 | 33 | MOTION to Compel Deposition of Defendant Rodgers by Jeremy Banks. (Morton, Leslie) Motions referred to Magistrate Judge Monte C. Richardson. Modified on 9/10/2014 to edit text (PAM). (Entered: 09/10/2014) |
| 08/01/2014 | 32 | ENDORSED ORDER granting 31 Motion to extend time. The Case Management and Scheduling Order 30 is amended to the extent the deadline for filing motions to add parties or to amend pleadings is extended until 20 days after the Court's order on Defendant's Motion to Dismiss. All other terms and deadlines in the Case Management and Scheduling Order shall remain intact. Signed by Magistrate Judge Monte C. Richardson on 8/1/2014. (ADM) (Entered: 08/01/2014) |
| 07/31/2014 | 31 | MOTION to extend time to File Motions to Add Parties or to Amend Pleadings by Rusty Ray Rodgers. (Winicki, Chelsea) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 07/31/2014) |
| 05/06/2014 | 30 | CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 2/2/2015; Dispositive motions due by 3/2/2015; Conduct mediation hearing by 4/1/2015; Pretrial statement due by 6/17/2015; Final Pretrial Conference set for 6/24/2015 at 10:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis; Jury Trial set for trial term commencing on 7/6/2015 at 09:00 AM in Jacksonville Courtroom 12 C before Judge Brian J. Davis. Signed by Judge Brian J. Davis on 5/5/2014. (Attachments: # 1 Mediation Report Form, # 2 Docket Sheets)(AMP) Modified on 2/18/2015 (PAM). Vacated Per Order Doc. # 51 (Entered: 05/06/2014) |
| 04/30/2014 | 29 | ORDERED: Defendant's Objection 22 to the Magistrate's April 8, 2014, Order is OVERRULED. Signed by Judge Brian J. Davis on 4/30/2014. (AMP) (Entered: 04/30/2014) |
| 04/29/2014 | 28 | MEMORANDUM in opposition re 22 Notice (Other) Defendant, Rusty Ray Rodgers' Objection to Magistrate's Order and Motion for Reconsideration filed by Jeremy Banks. (McLeod, Robert) (Entered: 04/29/2014) |
| 04/24/2014 | 27 | CERTIFICATE of interested persons and corporate disclosure statement by Rusty Ray Rodgers. (Winicki, Chelsea) Modified on 4/25/2014 to edit text (PAM). (Entered: 04/24/2014) |
| 04/24/2014 | 26 | CASE MANAGEMENT REPORT. (McLeod, Robert) (Entered: 04/24/2014) |
| 04/24/2014 | 25 | CERTIFICATE of interested persons and corporate disclosure statement by Florida Department of Law Enforcement. (Padgett, Candace) Modified on 4/25/2014 to edit text (PAM). (Entered: 04/24/2014) |
| 04/23/2014 | 24 | CERTIFICATE of interested persons and corporate disclosure statement by Jeremy Banks identifying Corporate Parent McLeod Law Firm, P.A., Corporate Parent Vernis & Bowling of North Florida, P.A., Corporate Parent FDLE, Corporate Parent Kubicki Draper, Corporate Parent Sheppard, White & Kachergus, P.A., Other Affiliate William J. Sheppard, Other Affiliate Robert L McLeod, Other Affiliate Leonard Thomas Hackett, Other Affiliate Jeremy Banks, Other Affiliate Rusty Ray Rodgers, Other Affiliate Leslie H. Morton, Other Affiliate Chelsea Winicki, Other Affiliate Candace Padgett for Jeremy Banks.. (McLeod, Robert) (Entered: 04/23/2014) |
| 04/17/2014 | 23 | REQUEST for oral argument on Notice of Objection to Magistrate's Order and Motion for Reconsideration by Rusty Ray Rodgers. (Winicki, Chelsea) (Entered: 04/17/2014) |
| 04/17/2014 | 22 | OBJECTION to Magistrate's Order and Motion for Reconsideration and Memorandum in Support by Rusty Ray Rodgers (Winicki, Chelsea) Modified on 4/18/2014 to edit text (PAM). (Entered: 04/17/2014) |
| 04/08/2014 | 21 | ORDER denying 17 Motion to stay discovery. Signed by Magistrate Judge Monte C. Richardson on 4/8/2014. (ADM) (Entered: 04/08/2014) |
| 04/04/2014 | 20 | RESPONSE in Opposition re 17 MOTION to stay discovery and Relief from Case Management Reporting Requirements Pending Disposition of Dispositive Motion to Dismiss filed by Jeremy Banks. (McLeod, Robert) (Entered: 04/04/2014) |
| 03/31/2014 | 19 | REQUEST for oral argument re 16 MOTION to Dismiss Plaintiff's Amended Complaint and Supporting Memorandum of Law in Opposition by Jeremy Banks. (McLeod, Robert) (Entered: 03/31/2014) |
| 03/31/2014 | 18 | MEMORANDUM in opposition re 16 Motion to dismiss Amended Complaint filed by Jeremy Banks. (McLeod, Robert) (Entered: 03/31/2014) |
| 03/21/2014 | 17 | MOTION to stay discovery and Relief from Case Management Reporting Requirements Pending Disposition of Dispositive Motion to Dismiss by Rusty Ray Rodgers. (Winicki, Chelsea) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 03/21/2014) |
| 03/17/2014 | 16 | MOTION to Dismiss Plaintiff's Amended Complaint and Supporting Memorandum of Law by Rusty Ray Rodgers. (Winicki, Chelsea) (Entered: 03/17/2014) |
| 03/06/2014 | 15 | ORDER denying as moot 8 Motion to stay discovery. Signed by Magistrate Judge Monte C. Richardson on 3/6/2014. (ADM) (Entered: 03/06/2014) |
| 03/05/2014 | 14 | ANSWER and affirmative defenses to 12 Amended Complaint by Florida Department of Law Enforcement.(Padgett, Candace) Modified on 3/6/2014 to edit text (PAM). (Entered: 03/05/2014) |
| 03/05/2014 | 13 | ORDER denying as moot 6 motion to dismiss. Signed by Judge Brian J. Davis on 3/4/2014. (AMP) (Entered: 03/05/2014) |
| 02/24/2014 | 12 | AMENDED COMPLAINT against Florida Department of Law Enforcement, Rusty Ray Rodgers with Jury Demand. filed by Jeremy Banks.(PAM) (Entered: 02/24/2014) |
| 02/24/2014 | 11 | ENDORSED ORDER granting 10 Motion for Leave to File. The Clerk of Court shall file the amended complaint attached to the Motion as a separate document. Signed by Magistrate Judge Monte C. Richardson on 2/24/2014. (ADM) (Entered: 02/24/2014) |
| 02/21/2014 | 10 | MOTION to Amend Complaint by Jeremy Banks. (Attachments: # 1 Exhibit Amended Complaint)(McLeod, Robert) Modified on 2/24/2014 (PAM). (Entered: 02/21/2014) |
| 02/12/2014 | 9 | ENDORSED ORDER granting 7 Motion for Extension of Time to File Response. On or before 2/21/14, Plaintiff shall file a response to the Motion to Dismiss. Signed by Magistrate Judge Monte C. Richardson on 2/12/2014. (ADM) (Entered: 02/12/2014) |
| 02/11/2014 | 8 | MOTION to stay discovery And Relief From Case Management Reporting Requirements Pending Disposition Of Dispositive Motion To Dismiss by Rusty Ray Rodgers. (Winicki, Chelsea) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 02/11/2014) |
| 02/11/2014 | 7 | MOTION for Extension of Time to File Response/Reply as to 6 MOTION to Dismiss Plaintiff's Complaint and Supporting Memorandum of Law by Jeremy Banks. (McLeod, Robert) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 02/11/2014) |
| 01/28/2014 | 6 | MOTION to Dismiss Plaintiff's Complaint and Supporting Memorandum of Law by Rusty Ray Rodgers. (Winicki, Chelsea) (Entered: 01/28/2014) |
| 01/22/2014 | 5 | NOTICE of designation under Local Rule 3.05 - track 2. Signed by Deputy Clerk on 1/22/2014. (Attachments: # 1 Case Management Report Form, # 2 Consent Letter and Form)(EAM) (Entered: 01/22/2014) |
| 01/21/2014 | 4 | NOTICE of Appearance by William J. Sheppard on behalf of Rusty Ray Rodgers (Sheppard, William) (Entered: 01/21/2014) |
| 01/15/2014 | 3 | ANSWER and affirmative defenses to 2 Complaint by Florida Department of Law Enforcement.(SJW) (Entered: 01/21/2014) |
| 01/15/2014 | 2 | COMPLAINT against Florida Department of Law Enforcement, Rusty Ray Rodgers with Jury Demand filed by Jeremy Banks.(SJW) (Entered: 01/21/2014) |
| 01/15/2014 | 1 | NOTICE OF REMOVAL from 7th Judicial Circut, St. Johns County, FL, case number CA-13-1672-55 filed in State Court on 11/13/2013. Filing fee $ 400, receipt number JAX011253 filed by Rusty Ray Rodgers. (Attachments: # 1 Exhibit, # 2 Civil Cover Sheet)(SJW) (Entered: 01/21/2014) |
1 comment:
Break out the swastikas and celebrate!
The local fascist scam 'rule of law" just added another, "four (4) years, four (4) months, and seventeen (17) days (just shy of 1600 days)" to the pain and agony of the McConnell family!
The heavens have already fallen!
Justice can not be done!
Delayed justice is no justice at all!
Over SEVEN YEARS NOW and not a whiff of punishment for the fascist pigs involved!
You validate, legitimize, and revere, a now openly fascist two tier charade system that is a weapon of oppression and tyranny owned and controlled by the rich and their fawning acolytes.
Check Google's local news coverage; not even a peep of this! Yet there are two articles about the recently passed immoral and patently Unconstitutional 'panhandling' ordinance, and coverage of 'save the festivals' for the state alcohol and tobacco cartel. The fascism is out of the closet! Open your menticide closed eyes. Stop revering the over bloated hijacked scam that fattens the lawyers and judges and meters out pain and injustice to the common folks! You are the problem!!!!!!!
https://news.google.com/news/local?hl=en&gl=US&ned=us
Read the real story!....
http://saintaugdog.com/sadissues/issue1/1page1sad.html
Let the BOYCOTTS begin in the heart of the beast!
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