Case Details

CourtSouthern District of Florida
Docket number1:17-cv-21095
Date case filed2017-03-23
Date case closed
Date of latest filing
Assigned toChief Judge K. Michael Moore
Case cause28:1331 Fed. Question: Civil Rights Violation
Nature of suit448 Civil Rights: Education
Jury demandPlaintiff
Demand
JurisdictionFederal Question

Case Parties

Party: JANE DOE
Party type: Plaintiff
Attorney name: Todd Omar Malone
Attorney Contact:
THE MALONE LAW FIRM, PA
701 BRICKELL AVENUE
SUITE 1550
Miami, FL 33131
305-728-5134
Fax: 305-728-5288
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Florida International University
Party type: Defendant
Board of Trustees
Attorney name: Eric David Isicoff
Attorney Contact:
Isicoff, Ragatz & Koenigsberg
601 Brickell Key Drive
Suite 750
Miami, FL 33131
305-373-3232
Fax: 305-373-3233
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Teresa Ragatz
Attorney Contact:
Isicoff, Ragatz & Koenigsberg
601 Brickell Key Drive
Suite 750
Miami, FL 33131
305-373-3232
Fax: 305 373-3233
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Christopher Michael Yannuzzi
Attorney Contact:
Isicoff, Ragatz & Koenigsberg
601 Brickell Key Drive
Suite 750
Miami, FL 33131
305 373-3232
Fax: 305-373-3233
Email: [email protected]
ATTORNEY TO BE NOTICED
Party: Jane Doe
Party type: Plaintiff
Attorney name: Adria Lynn Silva
Attorney Contact:
PO Box 770849
Naples, FL 34107-0849
239-514-4855
Fax: 514-4855
Email: [email protected]
LEAD ATTORNEY ATTORNEY TO BE NOTICED

Attorney name: Todd Omar Malone
Attorney Contact:
THE MALONE LAW FIRM, PA
701 BRICKELL AVENUE
SUITE 1550
Miami, FL 33131
305-728-5134
Fax: 305-728-5288
Email: [email protected]
ATTORNEY TO BE NOTICED

Case Docket

Docket
Item
Date FiledDocument
Available
Short
Description
Long Description
12017-03-23 COMPLAINT against FLORIDA INTERNATIONAL UNIVERSITY. Filing fees $ 400.00 receipt number 113C-9589540, filed by JANE DOE. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(Malone, Todd) Modified text on 3/23/2017 (fbn). (Entered: 03/23/2017)
1.1 Civil Cover Sheet
1.2 Summon(s)
22017-03-23 Judge Assignment to Chief Judge K. Michael Moore (fbn) (Entered: 03/23/2017)
32017-03-23 Clerks Notice pursuant to 28 USC 636(c). Parties are hereby notified that the U.S. Magistrate Judge Chris M. McAliley is available to handle any or all proceedings in this case. If agreed, parties should complete and file the attached form. It is not necessary to file a document indicating lack of consent. (fbn) (Entered: 03/23/2017)
42017-03-23 Summons Issued as to Florida International University. (fbn) (Entered: 03/23/2017)
52017-03-23 PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, Parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Signed by Chief Judge K. Michael Moore on 3/23/2017. (aby) (Entered: 03/23/2017)
62017-03-23 PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE CHRIS M. MCALILEY. PURSUANT to 28 U.S.C. ยง 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Chris M. McAliley to take all necessary and proper action as required by law with respect to any and all pretrial discovery matters. Any motion affecting deadlines set by the Court's Scheduling Order is excluded from this referral, unless specifically referred by separate Order. It is FURTHER ORDERED that the parties shall comply with Magistrate Judge Chris M. McAliley's discovery procedures, which can be found on the Southern District of Florida website, www.flsd.uscourts.gov, under the tab for Judge McAliley, in the drop down menu "Judge Information." Signed by Chief Judge K. Michael Moore on 3/23/2017. (aby) (Entered: 03/23/2017)
72017-03-27 NOTICE of Attorney Appearance by Adria Lynn Silva on behalf of JANE DOE. Attorney Adria Lynn Silva added to party JANE DOE(pty:pla). (Silva, Adria) (Entered: 03/27/2017)
82017-04-03 SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline by JANE DOE. Florida International University served on 3/29/2017, answer due 4/19/2017. (Malone, Todd) (Entered: 04/03/2017)
92017-04-19 NOTICE of Attorney Appearance by Eric David Isicoff on behalf of Florida International University. Attorney Eric David Isicoff added to party Florida International University(pty:dft). (Isicoff, Eric) (Entered: 04/19/2017)
102017-04-19 NOTICE of Attorney Appearance by Teresa Ragatz on behalf of Florida International University. Attorney Teresa Ragatz added to party Florida International University(pty:dft). (Ragatz, Teresa) (Entered: 04/19/2017)
112017-04-19 NOTICE of Attorney Appearance by Christopher Michael Yannuzzi on behalf of Florida International University. Attorney Christopher Michael Yannuzzi added to party Florida International University(pty:dft). (Yannuzzi, Christopher) (Entered: 04/19/2017)
122017-04-19 Defendant's MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM , Defendant's MOTION for More Definite Statement by Florida International University. Responses due by 5/3/2017 (Isicoff, Eric) Modified Text on 4/20/2017 (ls). (Entered: 04/19/2017)
132017-05-01 RESPONSE in Opposition re 12 Defendant's MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM Defendant's MOTION for More Definite Statement filed by Jane Doe. Replies due by 5/8/2017. (Malone, Todd) (Entered: 05/01/2017)
142017-05-08 Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to 13 Response in Opposition to Motion, 12 Defendant's MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM Defendant's MOTION for More Definite Statement by Florida International University. (Attachments: # 1 Text of Proposed Order)(Isicoff, Eric) (Entered: 05/08/2017)
152017-05-08 PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Board of Trustees Florida International University's 14 Unopposed Motion for Extension of Time to File Reply in Support of its Motion to Dismiss. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED. Defendant shall file its Reply on or before May 15, 2017. Signed by Chief Judge K. Michael Moore on 5/8/2017. (aby) (Entered: 05/08/2017)
162017-05-12 Joint SCHEDULING REPORT - Rule 16.1 by Florida International University (Attachments: # 1 Text of Proposed Order - Proposed Scheduling Order)(Yannuzzi, Christopher) (Entered: 05/12/2017)
172017-05-15 PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two week trial period of February 20, 2018 at 9 a.m. in Courtroom 13-1, (thirteenth floor) United States Courthouse, 400 North Miami Avenue, Miami, Florida. All parties are directed to report to the calendar call on February 15, 2018 at 2 p.m., at which time all matters relating to the scheduled trial date may be brought to the attention of the Court. A final pretrial conference as provided for by Rule 16, Fed. R. Civ. P., and Rule 16.1(C), S.D. Fla. L.R., is scheduled for February 6, 2018, at 11 a.m. A bilateral pretrial stipulation and all other pretrial preparations shall be completed NO LATER THAN FIVE DAYS PRIOR TO THE PRETRIAL CONFERENCE. All motions to amend the pleadings or to join additional parties must be filed by the later of forty-five (45) days after the date of entry of this Order, or forty-five (45) days after the first responsive pleading by the last responding defendant. Any and all pretrial motions, including motions for summary judgment, Daubert motions, and motions in limine must be filed no later than eighty (80) days prior to the trial date. Responses to summary judgment motions must be filed no later than fourteen (14) days after service of the motion, and replies in support of the motion must be filed no later than seven (7) days after service of the response, with both deadlines computed as specified in Rule 6, Fed. R. Civ. P. Each party is limited to one Daubert motion. If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. Each party is also limited to one motion in limine (other than Daubert motions). If all evidentiary issues cannot be addressed in a 20-page memorandum, the parties must file for leave to exceed the page limit. All discovery, including expert discovery, shall be completed one hundred (100) days prior to the date of trial. The failure to engage in discovery pending settlement negotiations shall not be grounds for continuance of the trial date. All exhibits must be pre-marked, and a typewritten exhibit list setting forth the number and description of each exhibit must be submitted at the time of trial. Plaintiff's exhibits shall be marked numerically with the letter "P" as a prefix. Defendant's exhibits shall be marked numerically with the letter "D" as a prefix. For a jury trial, counsel shall prepare and submit proposed jury instructions to the Court. The Parties shall submit their proposed jury instructions and verdict form jointly, although they do not need to agree on each proposed instruction. Where the parties do not agree on a proposed instruction, that instruction shall be set forth in bold type. Instructions proposed only by a plaintiff should be underlined. Instructions proposed only by a defendant should be italicized. Every instruction must be supported by citation to authority. The parties should use the Eleventh Circuit Pattern Jury Instructions for Civil Cases as a guide, including the directions to counsel contained therein. The parties shall jointly file their proposed jury instructions via CM/ECF, and shall also submit their proposed jury instructions to the Court via e-mail at [email protected] in WordPerfect or Word format. For a non-jury trial, the parties shall prepare and submit to the Court proposed findings of fact and conclusions of law fully supported by the evidence, which counsel expects the trial to develop, and fully supported by citations to law. The proposed jury instructions or the proposed findings of fact and conclusions of law shall be submitted to the Court no later than five (5) business days prior to the scheduled trial date. Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuits Local Rules and Internal Operating Procedures, within three days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. THE FILING BY COUNSEL OF A NOTICE OF UNAVAILABILITY BY MOTION OR OTHERWISE IS NOT PROVIDED FOR UNDER THE LOCAL RULES AND SHALL NOT BE PRESUMED TO ALTER OR MODIFY THE COURT'S SCHEDULING ORDER. Signed by Chief Judge K. Michael Moore on 5/15/2017. (bvr) Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 05/15/2017)
182017-05-15 PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two week trial period beginning February 20, 2018 at 9:00 a.m. pursuant to Rule 16 of the Federal Rule of Civil Procedure and Rule 16.2 of the Local Rules of the United States District Court for the Southern District of Florida, it is hereby ORDERED AND ADJUDGED as follows: 1. All parties are required to participate in mediation. The mediation shall be completed no later than eighty (80) days before the scheduled trial date. 2. Plaintiff's counsel, or another attorney agreed upon by all counsel of record and any unrepresented parties, shall be responsible for scheduling the mediation conference. The parties are encouraged to avail themselves of the services of any mediator on the List of Certified Mediators, maintained in the office of the Clerk of this Court, but may select any other mediator. The parties shall agree upon a mediator and file a Notice of Mediator Selection within fifteen (15) days from the date of this Order. If there is no agreement, lead counsel shall file a request for the Clerk of Court to appoint a mediator in writing within fifteen (15) days from the date of this Order, and the Clerk shall designate a mediator from the List of Certified Mediators. Designation shall be made on a blind rotation basis. 3. A place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties shall be established. If the parties cannot agree to a place, date, and time for the mediation, they may motion the Court for an order dictating the place, date, and time. 4. The physical presence of counsel and each party or representatives of each party with full authority to enter in a full and complete compromise and settlement is mandatory. If insurance is involved, an adjuster with authority up to the policy limits or the most recent demand, whichever is lower, shall attend. 5. All discussions, representations and statements made at the mediation conference shall be confidential and privileged. 6. At least ten (10) days prior to the mediation date, all parties shall present to the mediator a brief written summary of the case identifying issues to be resolved. Copies of those summaries shall be served on all other parties. 7. The Court may impose sanctions against parties and/or counsel who do not comply with the attendance or settlement authority requirements herein, or who otherwise violate the terms of this Order. The mediator shall report non-attendance and may recommend imposition of sanctions by the Court for non-attendance. 8. The mediator shall be compensated in accordance with the standing order of the Court entered pursuant to Rule 16.2.B.6, or on such basis as may be agreed to in writing by the parties and the mediator selected by the parties. The cost of mediation shall be shared equally by the parties unless otherwise ordered by the Court. All payments shall be remitted to the mediator within 30 days of the date of the bill. Notice to the mediator of cancellation or settlement prior to the scheduled mediation conference must be given at least two (2) full business days in advance. Failure to do so will result in imposition of a fee for one hour. 9. If a full or partial settlement is reached in this case, counsel shall promptly notify the Court of the settlement in accordance with Local Rule 16.2.F, by filing a notice of settlement signed by the counsel of record within ten (10) days of the mediation conference. Thereafter, the parties shall forthwith submit an appropriate pleading concluding the case. 10. Within five (5) days following the mediation conference, the mediator shall file a Mediation Report indicating whether all required parties were present. The report shall also indicate whether the case settled (in full or in part), was continued with the consent of the parties, or whether the mediator declared an impasse. 11. If mediation is not conducted, the case may be stricken from the trial calendar, and other sanctions may be imposed. Signed by Chief Judge K. Michael Moore on 5/15/2017. (bvr) (Entered: 05/15/2017)
192017-05-15 REPLY to Response to Motion re 12 Defendant's MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM Defendant's MOTION for More Definite Statement filed by Florida International University. (Attachments: # 1 Exhibit A - Complaint in Kinsman case, # 2 Exhibit B - Article, # 3 Exhibit C - Article, # 4 Exhibit D - Article)(Isicoff, Eric) (Entered: 05/15/2017)
202017-05-24 NOTICE of Mediator Selection and Hearing. Added Jane Doe, Victoria Platzer. Mediation Hearing set for 11/13/2017. (Malone, Todd) (Entered: 05/24/2017)
212017-05-24 NOTICE by Jane Doe of Filing Proposed Agreed Order Scheduling Mediation (Attachments: # 1 Text of Proposed Order) (Malone, Todd) Modified Text on 5/25/2017 (ls). (Entered: 05/24/2017)
222017-05-25 NOTICE of Mediator Selection and Hearing. Added Victoria Platzer. Mediation Hearing set for 11/13/2017 at 10:00 a.m.. (Platzer, Victoria) (Entered: 05/25/2017)