Barberi v. R.I.C. Business Enterprises, Inc. et al
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Marty Fulgueira Elfenbein |
| Case #: | 1:24-cv-22616 |
| Nature of Suit | 443 Civil Rights - Housing/Accommodations |
| Cause | 42:12182 Americans with Disabilities Act |
| Case Filed: | Jul 10, 2024 |
| Last checked: Saturday Aug 24, 2024 8:22 AM EDT |
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Defendant
Casal Exports & Imports, LLC
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Represented By
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Defendant
R.I.C. Business Enterprises, Inc.
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Represented By
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Plaintiff
Renzo Barberi
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Represented By
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| Docket last updated: 11/01/2024 11:59 PM EDT |
| Monday, September 30, 2024 | ||
| 25 | 25
order
Clerk's Appointment of Mediator
Mon 09/30 3:45 PM
Clerk's Appointment of Mediator: Mark A. Greenberg added (pt) |
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| 24 | 24
adr
Request for Clerk to Appoint Mediator
Mon 09/30 3:34 PM
Request for Clerk to Appoint Mediator(Stern, Ronald) |
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| Tuesday, September 17, 2024 | ||
| 23 | 23
2
pgs
order
Order Setting Status Conference
Wed 09/18 8:02 AM
ORDER SETTING DISCOVERY STATUS CONFERENCE: Status Conference Re: Discovery Matters set for 12/2/2024 11:00 AM before Magistrate Judge Marty Fulgueira Elfenbein. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 9/17/2024. See attached document for full details. (pcs) |
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| 22 | 22
order
Order Referring Case to Mediation
Tue 09/17 9:56 AM
PAPERLESS ORDER OF REFERRAL TO MEDIATION. Trial having been set in this matter for the two-week trial period beginning April 21, 2025, 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. The parties shall agree upon a place, date, and time for mediation convenient to the mediator, counsel of record, and unrepresented parties and file a Notice of Scheduling Mediation no later than one hundred and ten (110) days prior to the scheduled trial date. 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 with full authority to enter in a full and complete compromise and settlement is mandatory. If any party is not an individual (e.g., a corporation), a representative of that party with full authority to enter in a full and complete compromise and settlement is mandatory. The mediation shall take place in person absent good cause shown by the parties. No party shall be excused from attendance without express authorization from the Court. 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 Judge K. Michael Moore on 9/17/2024. (gbn) |
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order
Scheduling Order
Tue 09/17 9:54 AM
PAPERLESS ORDER SCHEDULING TRIAL IN MIAMI. This case is now set for trial commencing the two-week trial period of April 21, 2025, 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 April 17, 2025, 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 April 8, 2025, 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. The Parties are hereby notified that this Court requires strict compliance with Local Rule 56.1 regarding the filing of any motion for summary judgment and corresponding statements of material facts. For evidence not previously filed on the docket, and to the extent practicable, evidentiary support for a Party's statement of material facts shall be filed as separate exhibits within the Court's electronic case filing system; the first citation to any evidence in support of a motion for summary judgment or statement of material facts shall provide the docket entry for that evidence using the form "ECF No." In all circumstances, citations to any composite exhibit shall provide both the page number assigned by the Court's electronic case filing system (i.e., the page number of the PDF) and the page number of the document. 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. Rule 26(a)(2) expert disclosures shall be completed one hundred thirty (130) days prior to the date of trial. 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 moore@flsd.uscourts.gov 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 Circuit's 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 Judge K. Michael Moore on 9/17/2024. (gbn) |
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| Monday, September 16, 2024 | ||
| 20 | 20
misc
Scheduling Report - Rule 26(f)/16.1
Mon 09/16 3:38 PM
Joint SCHEDULING REPORT - Rule 16.1 by Renzo Barberi(Stern, Ronald) |
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Att: 1
Text of Proposed Order
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| Thursday, August 15, 2024 | ||
| 19 | 19
answer
Answer to Complaint
Thu 08/15 6:05 AM
ANSWER and Affirmative Defenses to Complaint by Casal Exports & Imports, LLC, R.I.C. Business Enterprises, Inc.. (Shulby, Todd) |
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| Monday, August 05, 2024 | ||
| 18 | 18
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Mon 08/05 2:07 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant's Unopposed Motion for Fourteen (14) Day Enlargement of Time to File Response to Plaintiff's Complaint.15 . Therein, Defendant R.I.C. Business Enterprises, Inc. requests a fourteen-day extension of time to file a response to the Complaint because counsel for Defendant was just retained on August 2, 2024. Id. Defendant's response to the Complaint was due on August 1, 2024. Id. Plaintiff does not oppose the requested relief. Accordingly, 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 Motion15 is GRANTED. Defendant shall respond to the Complaint on or before August 15, 2024. Signed by Judge K. Michael Moore on 8/5/2024. (gbn) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Mon 08/05 2:19 PM
Set/Reset Response/Answer Due Deadline per DE 18 : R.I.C. Business Enterprises, Inc. response/answer due 8/15/2024. (pcs) |
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| Friday, August 02, 2024 | ||
| 17 | 17
notice
Notice of Pending, Refiled, Related or Similar Actions
Fri 08/02 5:36 PM
Notice of NO Pending, Refiled, Related or Similar Actions by R.I.C. Business Enterprises, Inc. (Shulby, Todd) |
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| 16 | 16
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 08/02 5:35 PM
Certificate of Other Affiliates/Corporate Disclosure Statement by R.I.C. Business Enterprises, Inc. (Shulby, Todd) |
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| 15 | 15
motion
Extension of Time to File Response/Reply/Answer
Fri 08/02 5:34 PM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint, by R.I.C. Business Enterprises, Inc.. (Shulby, Todd) |
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| 14 | 14
notice
Notice of Attorney Appearance
Fri 08/02 5:30 PM
NOTICE of Attorney Appearance by Todd William Shulby on behalf of R.I.C. Business Enterprises, Inc.. Attorney Todd William Shulby added to party R.I.C. Business Enterprises, Inc.(pty:dft). (Shulby, Todd) |
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| Thursday, August 01, 2024 | ||
| 13 | 13
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Thu 08/01 10:28 AM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendant Casal Exports & Imports, LLC's Unopposed Motion for Fourteen Day Enlargement of Time to File Response to Plaintiff's Complaint.10 . Therein, Defendant requests a fourteen (14) day extension of time to respond to the Complaint because Defendant's counsel was recently retained and "needs additional time to confer with the client, investigate Plaintiff's claims and Defendant's potential defenses." Id. 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 Motion10 is GRANTED. Defendant Casal Exports & Imports, LLC shall respond to the Complaint on or before August 19, 2024. Signed by Judge K. Michael Moore on 8/1/2024. (gbn) |
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utility
~Util - Set/Reset Response/Answer Due Deadline
Thu 08/01 2:35 PM
Set/Reset Response/Answer Due Deadline per DE 13 : Casal Exports & Imports, LLC response/answer due 8/19/2024. (pcs) |
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| Wednesday, July 31, 2024 | ||
| 12 | 12
notice
Notice of Pending, Refiled, Related or Similar Actions
Wed 07/31 11:19 AM
Notice of NO Pending, Refiled, Related or Similar Actions by Casal Exports & Imports, LLC (Shulby, Todd) |
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| 11 | 11
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 07/31 11:19 AM
Certificate of Other Affiliates/Corporate Disclosure Statement by Casal Exports & Imports, LLC (Shulby, Todd) |
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| 10 | 10
motion
Extension of Time to File Response/Reply/Answer
Wed 07/31 11:18 AM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint, by Casal Exports & Imports, LLC. (Shulby, Todd) |
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| 9 | 9
notice
Notice of Attorney Appearance
Wed 07/31 11:17 AM
NOTICE of Attorney Appearance by Todd William Shulby on behalf of Casal Exports & Imports, LLC. Attorney Todd William Shulby added to party Casal Exports & Imports, LLC(pty:dft). (Shulby, Todd) |
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| Wednesday, July 17, 2024 | ||
| 8 | 8
service
Summons (Affidavit) Returned Executed
Wed 07/17 10:51 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Renzo Barberi. Casal Exports & Imports, LLC served on 7/15/2024, response/answer due 8/5/2024. (Stern, Ronald) |
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| Tuesday, July 16, 2024 | ||
| 7 | 7
order
- Order (PAPERLESS or pdf attached)
Wed 07/17 7:49 AM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 7/16/2024. See attached document for full details. (scn) |
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| Friday, July 12, 2024 | ||
| 6 | 6
service
Summons (Affidavit) Returned Executed
Fri 07/12 1:26 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Renzo Barberi. R.I.C. Business Enterprises, Inc. served on 7/11/2024, response/answer due 8/1/2024. (Stern, Ronald) |
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| Thursday, July 11, 2024 | ||
| 5 | 5
order
Order Referring Case to Magistrate Judge
Thu 07/11 10:46 AM
PAPERLESS ORDER REFERRING PRETRIAL DISCOVERY MATTERS TO MAGISTRATE JUDGE MARTY FULGUEIRA ELFENBEIN. PURSUANT to 28 U.S.C. § 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, the above-captioned Cause is referred to United States Magistrate Judge Marty Fulgueira Elfenbein 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 Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 7/11/2024. (gbn) |
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order
Pretrial Order
Thu 07/11 10:43 AM
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. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) 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. 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. Signed by Judge K. Michael Moore on 7/11/2024. (gbn) |
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| Wednesday, July 10, 2024 | ||
| 3 | 3
service
Summons Issued
Wed 07/10 4:07 PM
Summons Issued as to Casal Exports & Imports, LLC, R.I.C. Business Enterprises, Inc.. (cds) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Wed 07/10 4:03 PM
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (cds) |
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| 1 | 1
cmp
Complaint
Wed 07/10 3:36 PM
COMPLAINT for Declaratory and Injunctive Relief against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-17667489, filed by Renzo Barberi.(Stern, Ronald) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Summon(s),
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Att: 3
Summon(s)
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