U.S. District Court
Middle District of Florida (Jacksonville)
CIVIL DOCKET FOR CASE #: 3:17-cv-01319-HES-MCR
Martinez v. Sheriff Mike Williams et al Assigned to: Senior Judge Harvey E. Schlesinger Referred to: Magistrate Judge Monte C. Richardson
| Date Filed: 11/22/2017 Jury Demand: Both Nature of Suit: 440 Civil Rights: Other Jurisdiction: Federal Question |
| Plaintiff | ||
| Mayra Martinez | represented by | John Michael Phillips Law Offices of John M. Phillips 4230 Ortega Blvd Jacksonville, FL 32210 904/517-8903 Fax: 904/508-0683 Email: jphillips@knowthelawyer.com LEAD ATTORNEY ATTORNEY TO BE NOTICED Kirby W. Johnson Law Offices of John M. Phillips 4230 Ortega Blvd Jacksonville, FL 32210 904/444-4444 Fax: 904/508-0683 LEAD ATTORNEY ATTORNEY TO BE NOTICED Natashia D Hines The Law Office of John M. Phillips 4230 Ortega Blvd. Jacksonville, FL 32210 904-444-4444 Fax: 904-508-0683 Email: natashia@floridajustice.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
V. | ||
| Defendant | ||
| Sheriff Mike Williams in his official Capacity as Sheriff of the Jacksonville Sheriff's Office and the Consolidated City of Jacksonville, Florida | represented by | Stephen J. Powell City of Jacksonville Office of General Counsel St James Bldg - Suite 480 117 W Duval St Jacksonville, FL 32202 904/630-1847 Fax: 904/630-1316 Email: SPowell@coj.net LEAD ATTORNEY ATTORNEY TO BE NOTICED Gabriella Young Office of General Counsel Suite 480 117 W Duval St Jacksonville, FL 32202 904-630-1841 Fax: 904-630-1316 Email: GCYoung@coj.net ATTORNEY TO BE NOTICED |
| Defendant | ||
| Akinyemi A. Borisade | represented by | Paul A. Daragjati Paul Daragjati, PLC 5530 Beach Blvd. Jacksonville, FL 32207 904-398-7010 Fax: 904-398-7192 Email: paul@daragjatilaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| N. H. Vickery | represented by | Ronald Anthony Salem Office of General Counsel Suite 480 117 W Duval St Jacksonville, FL 32202 904/630-1814 Fax: 904/630-1316 Email: ASalem@coj.net TERMINATED: 07/23/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sean Bryan Granat City of Jacksonville Office of General Counsel St James Bldg - Suite 480 117 W Duval St Jacksonville, FL 32202 904/630-1859 Fax: 904/630-1316 Email: SGranat@coj.net LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| K. A. Chastain | represented by | Ronald Anthony Salem (See above for address) TERMINATED: 07/23/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sean Bryan Granat (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| J. C. Andres | represented by | Ronald Anthony Salem (See above for address) TERMINATED: 07/23/2019 LEAD ATTORNEY ATTORNEY TO BE NOTICED Sean Bryan Granat (See above for address) LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Defendant | ||
| Emperors, Inc. a Florida Corporation doing business as Scores | represented by | Luke Charles Lirot Luke Charles Lirot, PA Suite 190 2240 Bellair Rd Clearwater, FL 33764 727/536-2100 Fax: 727/536-2110 Email: luke2@lirotlaw.com LEAD ATTORNEY ATTORNEY TO BE NOTICED |
| Date Filed | # | Docket Text |
|---|---|---|
| 11/22/2017 | 1 | NOTICE OF REMOVAL from 4th Judicial Circuit, Duval County, FL, case number 16-2017-CA-007126 filed in State Court on 11/17/2017. Filing fee $ 400, receipt number JAX025939 filed by Sheriff Mike Williams. (Attachments: # 1 Exhibit A - State Court Record, # 2 Exhibit B, # 3 Civil Cover Sheet)(AEJ) (Entered: 11/24/2017) |
| 11/22/2017 | 2 | COMPLAINT against J. C. Andres, Akinyemi A. Borisade, K. A. Chastain, Emperors, Inc., Sheriff Mike Williams, N. H. Vickery with Jury Demand filed by Mayra Martinez. (filed in State Court on 11/17/2017)(AEJ) (Entered: 11/24/2017) |
| 12/11/2017 | 3 | MOTION for More Definite Statement by Sheriff Mike Williams. (Powell, Stephen) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 12/11/2017) |
| 12/13/2017 | 4 | ORDER denying without prejudice 3 Motion for More Definite Statement. Signed by Magistrate Judge Monte C. Richardson on 12/13/2017. (ADM) (Entered: 12/13/2017) |
| 12/19/2017 | 5 | NOTICE of designation under Local Rule 3.05 - Track 2 (MGG) (Entered: 12/19/2017) |
| 12/21/2017 | 6 | MOTION to Dismiss Complaint by J. C. Andres, K. A. Chastain, N. H. Vickery. (Granat, Sean) (Entered: 12/21/2017) |
| 12/22/2017 | 7 | Unopposed MOTION for Extension of Time to File Response/Reply as to 6 MOTION to Dismiss Complaint by Mayra Martinez. (Phillips, John) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 12/22/2017) |
| 12/26/2017 | 8 | ENDORSED ORDER granting 7 Motion for Extension of Time to File Response. Plaintiff shall have until January 18, 2018 to respond to 6 Motion to Dismiss. Signed by Magistrate Judge Monte C. Richardson on 12/26/2017. (ADM) (Entered: 12/26/2017) |
| 01/02/2018 | 9 | NOTICE of Appearance by Luke Charles Lirot on behalf of Emperors, Inc. (Lirot, Luke) (Entered: 01/02/2018) |
| 01/03/2018 | 10 | MOTION to dismiss for failure to state a claim by Emperors, Inc.. (Lirot, Luke) (Entered: 01/03/2018) |
| 01/10/2018 | 11 | Joint MOTION to extend time to Conduct Case Management Conference by Mayra Martinez. (Phillips, John) (Entered: 01/10/2018) |
| 01/12/2018 | 12 | ENDORSED ORDER granting 11 Motion to extend time. The parties shall have until February 21, 2018 to conduct the case management meeting. Signed by Magistrate Judge Monte C. Richardson on 1/12/2018. (ADM) (Entered: 01/12/2018) |
| 01/12/2018 | 13 | CERTIFICATE of interested persons and corporate disclosure statement by Mayra Martinez. (Phillips, John) Modified on 1/16/2018 contacted counsel in regards to using the correct case number on all pleadings(TSW). (Entered: 01/12/2018) |
| 01/16/2018 | 14 | CERTIFICATE of interested persons and corporate disclosure statement by Sheriff Mike Williams. (Powell, Stephen) (Entered: 01/16/2018) |
| 01/16/2018 | 15 | CERTIFICATE of interested persons and corporate disclosure statement by Emperors, Inc. identifying Corporate Parent Emperors Inc. for Emperors, Inc... (Lirot, Luke) (Entered: 01/16/2018) |
| 01/16/2018 | 16 | RESPONSE in Opposition re 6 MOTION to Dismiss Complaint filed by Mayra Martinez. (Phillips, John) (Entered: 01/16/2018) |
| 01/17/2018 | 17 | Unopposed MOTION to Amend/Correct 2 Complaint by All Plaintiffs. (Attachments: # 1 Exhibit "A")(Phillips, John) (Entered: 01/17/2018) |
| 01/24/2018 | 18 | ORDER denying without prejudice 10 Motion to Dismiss for Failure to State a Claim; granting 17 Unopposed MOTION to Amend Complaint; directing the Clerk to file the Amended Complaint as a separate docket entry. Signed by Senior Judge Harvey E. Schlesinger on 1/24/2018. (MGG) (Entered: 01/24/2018) |
| 01/24/2018 | 19 | AMENDED COMPLAINT against J. C. Andres, Akinyemi A. Borisade, K. A. Chastain, Emperors, Inc., Sheriff Mike Williams, N. H. Vickery with Jury Demand. filed by Mayra Martinez. Related document: 2 Complaint filed by Mayra Martinez.(TSW) (Entered: 01/25/2018) |
| 01/30/2018 | 20 | CERTIFICATE of interested persons and corporate disclosure statement by J. C. Andres, K. A. Chastain, N. H. Vickery. (Granat, Sean) (Entered: 01/30/2018) |
| 02/07/2018 | 21 | MOTION to Dismiss Plaintiff's Amended Complaint by J. C. Andres, K. A. Chastain, N. H. Vickery. (Granat, Sean) (Entered: 02/07/2018) |
| 02/07/2018 | 22 | Defendant City of Jacksonville's ANSWER and affirmative defenses to 19 Amended Complaint by Sheriff Mike Williams.(Powell, Stephen) (Entered: 02/07/2018) |
| 02/09/2018 | 23 | MOTION to dismiss for failure to state a claim by Emperors, Inc.. (Lirot, Luke) (Entered: 02/09/2018) |
| 02/19/2018 | 24 | RESPONSE to Motion re 21 MOTION to Dismiss Plaintiff's Amended Complaint filed by Mayra Martinez. (Attachments: # 1 Exhibit Testimony of N.H. Vickery, # 2 Exhibit Testimony of N.H. Vickery)(Phillips, John) (Entered: 02/19/2018) |
| 02/20/2018 | 25 | NOTICE of Appearance by Gabriella Young on behalf of Sheriff Mike Williams (Young, Gabriella) (Entered: 02/20/2018) |
| 02/21/2018 | 26 | AMENDED ANSWER to 19 Amended Complaint by Sheriff Mike Williams. (Powell, Stephen) (Entered: 02/21/2018) |
| 02/22/2018 | 27 | CASE MANAGEMENT REPORT. (Phillips, John) (Entered: 02/22/2018) |
| 02/23/2018 | 28 | RESPONSE in Opposition re 23 MOTION to dismiss for failure to state a claim filed by Mayra Martinez. (Phillips, John) (Entered: 02/23/2018) |
| 02/28/2018 | 29 | CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 8/9/2019, Dispositive motions due by 9/16/2019, Final Pretrial Conference set for 1/15/2020 at 10:00 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger, Jury Trial set for trial term commencing 3/2/2020 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. Signed by Deputy Clerk on 2/28/2018. (MGG) (Entered: 02/28/2018) |
| 03/08/2018 | 30 | Unopposed MOTION to Amend/Correct 19 Amended Complaint by Mayra Martinez. (Attachments: # 1 Exhibit "A" - Second Amended Complaint)(Phillips, John) (Entered: 03/08/2018) |
| 03/15/2018 | 31 | ORDER granting 30 Unopposed Motion for Leave to File Second Amended Complaint; directing the Clerk to file Plaintiff's Proposed Second Amended Complaint; denying without prejudice 6 motion to dismiss; denying without prejudice 21 motion to dismiss; denying without prejudice 23 Motion to Dismiss for Failure to State a Claim. Signed by Senior Judge Harvey E. Schlesinger on 3/14/2018. (MGG) (Entered: 03/15/2018) |
| 03/15/2018 | 32 | Second AMENDED COMPLAINT against J. C. Andres, Akinyemi A. Borisade, K. A. Chastain, Emperors, Inc., Sheriff Mike Williams, N. H. Vickery with Jury Demand. filed by Mayra Martinez. Related document: 19 Amended Complaint filed by Mayra Martinez.(SJW) (Entered: 03/16/2018) |
| 03/22/2018 | 33 | Unopposed MOTION to Amend/Correct 32 Amended Complaint , Unopposed MOTION for leave to file Third Amended Comlaint by Mayra Martinez. (Attachments: # 1 Exhibit "A" Proposed Third Amended Complaint)(Phillips, John) (Entered: 03/22/2018) |
| 03/29/2018 | 34 | ORDER granting 33 Motion for Leave to File Third Amended Complaint; directing the Clerk to file Plaintiff's proposed Third Amended Complaint. Signed by Senior Judge Harvey E. Schlesinger on 3/27/2018. (MGG) (Entered: 03/29/2018) |
| 03/30/2018 | 35 | Third AMENDED COMPLAINT against J. C. Andres, Akinyemi A. Borisade, K. A. Chastain, Emperors, Inc., Sheriff Mike Williams, N. H. Vickery with Jury Demand. filed by Mayra Martinez. Related document: 32 Amended Complaint filed by Mayra Martinez.(SJW) (Entered: 03/30/2018) |
| 04/09/2018 | 36 | MOTION to dismiss for failure to state a claim by Emperors, Inc.. (Lirot, Luke) (Entered: 04/09/2018) |
| 04/13/2018 | 37 | MOTION to Dismiss by Sheriff Mike Williams. (Powell, Stephen) (Entered: 04/13/2018) |
| 04/13/2018 | 38 | MOTION to Dismiss Counts VII and XII of Plaintiff's Third Amended Complaint by J. C. Andres, K. A. Chastain, N. H. Vickery. (Granat, Sean) (Entered: 04/13/2018) |
| 04/23/2018 | 39 | RESPONSE in Opposition re 36 MOTION to dismiss for failure to state a claim to Def Emperor's Inc.'s filed by Mayra Martinez. (Attachments: # 1 Exhibit "A" Deposition of K. Brumbach, # 2Exhibit "B" JSO Arrest & Booking Report, # 3 Exhibit Deposition of J. Madden)(Phillips, John) (Entered: 04/23/2018) |
| 04/23/2018 | 40 | RESPONSE in Opposition re 38 MOTION to Dismiss Counts VII and XII of Plaintiff's Third Amended Complaint of Defs' Vickery, Chastain & Andres filed by Mayra Martinez. (Attachments: # 1Exhibit "A", # 2 Exhibit "B")(Phillips, John) (Entered: 04/23/2018) |
| 04/27/2018 | 41 | RESPONSE in Opposition re 37 MOTION to Dismiss to Defendant City filed by Mayra Martinez. (Phillips, John) Modified on 4/30/2018 contacted counsel, telephone number updated in database(TSW). (Entered: 04/27/2018) |
| 10/25/2018 | 42 | ORDER granting 36 Motion to Dismiss for Failure to State a Claim, 37 motion to dismiss, 38 motion to dismiss as set forth in the Order; Plaintiff shall have 14 days from the date of this order to file an Amended Complaint; SEE ORDER FOR FURTHER DETAILS. Signed by Senior Judge Harvey E. Schlesinger on 10/24/2018. (MGG) (Entered: 10/25/2018) |
| 11/07/2018 | 43 | NOTICE by J. C. Andres, Akinyemi A. Borisade, K. A. Chastain, Sheriff Mike Williams, N. H. Vickery of Intent to Serve Subopena (Attachments: # 1 Exhibit Subpoenas, # 2 Exhibit Subpoena)(Young, Gabriella) STRICKEN as per Order 46 Modified on 11/9/2018 to reflect 46 (KKH). (Entered: 11/07/2018) |
| 11/07/2018 | 44 | Fourth AMENDED COMPLAINT against All Defendants with Jury Demand filed by Mayra Martinez.(Phillips, John) Modified text on 11/8/2018 (KKH). (Entered: 11/07/2018) |
| 11/08/2018 | 45 | Unopposed MOTION to Strike by Sheriff Mike Williams. (Young, Gabriella) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 11/08/2018) |
| 11/09/2018 | 46 | ORDER to strike re: 43 Notice (Other) filed by J. C. Andres, N. H. Vickery, K. A. Chastain, Akinyemi A. Borisade, Sheriff Mike Williams. Signed by Magistrate Judge Monte C. Richardson on 11/8/2018. (ADM) (Entered: 11/09/2018) |
| 11/09/2018 | 47 | ENDORSED ORDER finding as moot 45 Motion to Strike in light of 46 Order to strike. Signed by Magistrate Judge Monte C. Richardson on 11/9/2018. (ADM) (Entered: 11/09/2018) |
| 11/21/2018 | 48 | ANSWER and affirmative defenses with Jury Demand to 44 Amended Complaint by J. C. Andres, K. A. Chastain, N. H. Vickery.(Granat, Sean) (Entered: 11/21/2018) |
| 11/21/2018 | 49 | MOTION to Dismiss Fourth Amended Complaint by Emperors, Inc.. (Lirot, Luke) (Entered: 11/21/2018) |
| 11/21/2018 | 50 | MOTION to Dismiss Fourth Amended Complaint (Doc. 44) by Sheriff Mike Williams. (Young, Gabriella) (Entered: 11/21/2018) |
| 11/27/2018 | 51 | NOTICE of Filing Video Footage by Mayra Martinez (KKH) (Entered: 11/28/2018) |
| 12/04/2018 | 52 | Unopposed MOTION for Extension of Time to File Response/Reply as to 50 MOTION to Dismiss Fourth Amended Complaint (Doc. 44) , 49 MOTION to Dismiss Fourth Amended Complaint by Mayra Martinez. (Attachments: # 1 Exhibit "A")(Phillips, John) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 12/04/2018) |
| 12/04/2018 | 53 | ENDORSED ORDER granting 52 Motion for Extension of Time to File Response. Plaintiff shall respond to 49 and 50 Motions to Dismiss no later than December 11, 2018. Signed by Magistrate Judge Monte C. Richardson on 12/4/2018. (ADM) (Entered: 12/04/2018) |
| 12/11/2018 | 54 | RESPONSE in Opposition re 50 MOTION to Dismiss Fourth Amended Complaint (Doc. 44) filed by Mayra Martinez. (Phillips, John) (Entered: 12/11/2018) |
| 12/11/2018 | 55 | RESPONSE in Opposition re 49 MOTION to Dismiss Fourth Amended Complaint filed by Mayra Martinez. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C)(Phillips, John) (Entered: 12/11/2018) |
| 02/19/2019 | 56 | Unopposed MOTION for Neurological Examination by Sheriff Mike Williams. (Young, Gabriella) Modified text on 2/20/2019 (KKH). (Entered: 02/19/2019) |
| 02/19/2019 | 57 | RESPONSE to Motion re 56 MOTION to examine Unopposed Motion for Neurological Exam filed by Mayra Martinez. (Phillips, John) (Entered: 02/19/2019) |
| 02/19/2019 | 58 | Amended RESPONSE to Motion re 56 MOTION to examine Unopposed Motion for Neurological Exam filed by Mayra Martinez. (Phillips, John) Modified text on 2/20/2019 (KKH). (Entered: 02/19/2019) |
| 04/08/2019 | 59 | Defendants' Joint MOTION for Order to Furnish Jail Video Recordings by Sheriff Mike Williams. (Attachments: # 1 Exhibit A)(Powell, Stephen) Motions referred to Magistrate Judge Monte C. Richardson. Modified text on 4/9/2019 (KKH). (Entered: 04/08/2019) |
| 04/09/2019 | 60 | NOTICE of Filing Document in Support of Motion for Order to Furnish Jail Video Recordings, Doc 59 by Sheriff Mike Williams (Attachments: # 1 Deposition of Mayra Martinez (February 28, 2019) pt 1, # 2 Deposition of Mayra Martinez (February 28, 2019) pt 2)(Powell, Stephen) Modified text on 4/10/2019 (KKH). (Entered: 04/09/2019) |
| 04/15/2019 | 61 | Unopposed MOTION for a Psychological Examination by Sheriff Mike Williams. (Young, Gabriella) Modified text on 4/16/2019 (KKH). (Entered: 04/15/2019) |
| 04/17/2019 | 62 | ORDER granting 61 Motion to examine. Signed by Magistrate Judge Monte C. Richardson on 4/17/2019. (ADM) (Entered: 04/17/2019) |
| 04/17/2019 | 63 | ORDER granting 56 Motion to examine. Signed by Magistrate Judge Monte C. Richardson on 4/17/2019. (ADM) (Entered: 04/17/2019) |
| 04/22/2019 | 64 | RESPONSE in Opposition re 59 Joint MOTION to produce Defendants' Motion for Order to Furnish Jail Video Recordings filed by Mayra Martinez. (Phillips, John) (Entered: 04/22/2019) |
| 05/08/2019 | 65 | ORDER granting 59 Joint Motion for Order to Furnish Jail Video Recordings; SEE ORDER FOR FURTHER INFORMATION AND COURT DIRECTIVES. Signed by Senior Judge Harvey E. Schlesinger on 5/8/2019. (MGG) (Entered: 05/08/2019) |
| 05/16/2019 | 66 | NOTICE of unavailability of counsel by Emperors, Inc. from July 8, 2019 to July 11, 2019. (Lirot, Luke) (Entered: 05/16/2019) |
| 06/25/2019 | 67 | Joint MOTION to extend time to for Ninety 90 Day Extension by Mayra Martinez. (Phillips, John) (Entered: 06/25/2019) |
| 07/03/2019 | 68 | ORDER granting 67 JOINT MOTION to extend time to for Ninety 90 Day Extension filed by Mayra Martinez. New deadlines: Discovery due by 11/12/2019, Dispositive motions due by 12/16/2019, Final Pretrial Conference set for 4/22/2020 at 10:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger and Jury Trial set for trial term commencing on 6/1/2020 at 09:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. Signed by Senior Judge Harvey E. Schlesinger on 7/3/2019. (PAM) (Entered: 07/03/2019) |
| 07/19/2019 | 69 | MOTION for Anthony Salem to withdraw as attorney by J. C. Andres, K. A. Chastain, N. H. Vickery. (Granat, Sean) Motions referred to Magistrate Judge Monte C. Richardson. (Entered: 07/19/2019) |
| 07/23/2019 | 70 | ENDORSED ORDER granting 69 Motion to Withdraw as Attorney. Ronald Anthony Salem is relieved of any further responsibility as counsel for Defendants in this matter, but he shall comply with all applicable obligations on withdrawing counsel, including any applicable Bar rules. Signed by Magistrate Judge Monte C. Richardson on 7/23/2019. (ADM) (Entered: 07/23/2019) |
| 09/13/2019 | 71 | NOTICE of mediation conference/hearing to be held on Tuesday, October 1, 2019 at 10:00 am before Michael I. Coulson. (Coulson, Michael) (Entered: 09/13/2019) |
| 09/16/2019 | 72 | ANSWER and affirmative defenses with Jury Demand to 44 Fourth Amended Complaint by Akinyemi A. Borisade.(Daragjati, Paul) Modified on 9/17/2019 to edit text (TSW). (Entered: 09/16/2019) |
| 09/17/2019 | 73 | NOTICE OF RESCHEDULING HEARING: The Jury Trial hearing previously scheduled for Monday, June 1, 2020 at 9:30 AM is rescheduled. New scheduling date and time: Jury Trial set for 6/15/2020 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. (MGG) (Entered: 09/17/2019) |
| 09/26/2019 | 74 | ORDER denying 49 Motion to Dismiss Fourth Amended Complaint; granting in part and denying in part 50 Motion to Dismiss; SEE ORDER FOR FURTHER DETAILS. Signed by Senior Judge Harvey E. Schlesinger on 9/25/2019. (MGG) (Entered: 09/26/2019) |
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