Click back button to return to publication.
U.S. District Court
Southern District of Florida (Miami)
CIVIL DOCKET FOR CASE #: 00-CV-2930
Runnels, et al v. The City of Miami, et al
Filed: 08/10/00
Assigned to: Judge James Lawrence King
Jury demand: Both
Demand: $0,000
Nature of Suit: 440
Lead Docket: None
Jurisdiction: Federal Question
Dkt# in other court: None
Cause: 42:1983 Civil Rights Act
DOCKET PROCEEDINGS
DATE # DOCKET ENTRY
8/10/00
1 COMPLAINT filed; FILING FEE $150.00 RECEIPT # 826757;
A-7; JJO (ls) [Entry date 08/11/00]
8/10/00
-- Magistrate
identification: Magistrate Judge John
J.
O'Sullivan (ls) [Entry date 08/11/00]
8/10/00
2 SUMMONS(ES) issued for
The City of Miami by serving Joseph
Corollo, as Mayor of the City of Miami (ls)
[Entry date 08/11/00]
8/10/00
3 SUMMONS(ES) issued for
Donald Warshaw (ls)
[Entry date 08/11/00]
8/10/00
4 SUMMONS(ES) issued for
Joseph Corollo (ls)
[Entry date 08/11/00]
8/10/00
5 SUMMONS(ES) issued for
William O'Brien (ls)
[Entry date 08/11/00]
8/10/00
6 SUMMONS(ES) issued for
Alejandro Macias (ls)
[Entry date 08/11/00]
9/6/00
7 MOTION with memorandum in
support by The City of Miami,
Joseph Corollo to quash the process of service (ls)
[Entry date 09/07/00]
9/6/00
8 MOTION with memorandum in
support by Donald Warshaw,
William O'Brien to quash service of summons (ls)
[Entry date 09/07/00]
9/27/00
9 RETURN OF SERVICE
executed for Alejandro Macias on 8/29/00
Answer due on 9/18/00 for
Alejandro Macias (ls)
[Entry date 09/28/00]
9/27/00
10 RETURN OF SERVICE
executed for William O'Brien By serving
Alicia Squintin for William O'Brian as former Chief of
Police on 8/18/00 Answer due on
9/7/00 for William O'Brien
(ls) [Entry date 09/28/00]
9/27/00
11 RETURN OF SERVICE
executed for Donald Warshaw by serving
Alicia Squintin for Donald Warshaw, former City Manager on
8/18/00 Answer due on 9/7/00 for Donald Warshaw (ls)
[Entry date 09/28/00]
9/27/00
12 RETURN OF SERVICE
executed for Joseph Corollo by serving
Alicia Squintin for Joseph Corollo on 8/18/00 Answer due on
9/7/00 for Joseph Corollo (ls) [Entry date 09/28/00]
9/27/00
13 RETURN OF SERVICE
executed for The City of Miami on 8/18/00
Answer due on 9/7/00 for The City of Miami (ls)
[Entry date 09/28/00]
9/28/00
14 SUMMONS(ES) issued for
The City of Miami (ls)
[Entry date 09/29/00]
9/28/00
15 SUMMONS(ES) issued for
Donald Warshaw (ls)
[Entry date 09/29/00]
9/28/00
16 SUMMONS(ES) issued for Joseph Corollo (ls)
[Entry date 09/29/00]
10/4/00
17 MOTION with memorandum in
support by Alejandro Macias to
quash the service of summons (ls) [Entry date 10/05/00]
10/11/00 18
SUMMONS(ES) issued for Alejandro Macias (tb)
[Entry date 10/12/00]
10/13/00 19
MOTION by The City of Miami, Joseph Corollo to dismiss the
complaint, and for more definite statement (ls)
[Entry date 10/16/00]
10/23/00 20
MOTION with memorandum in support by Lynn Runnels, Perry
Runnels to extend time to comply with S.D.Fla.L.R. 16.1 (ls)
10/24/00 21
ORDER granting [17-1] motion to quash the service of
summons, granting [8-1] motion to quash service of summons,
granting [7-1] motion to quash the process of service ; all
pending motions are denied as moot until such time
plaintiff's have perfected service of process; mooting
[20-1] motion to extend time to comply with S.D.Fla.L.R.
16.1, mooting [19-1] motion to dismiss the complaint,
mooting [19-2] motion for more definite ( Signed by Judge
James Lawrence King on 10/20/00) CCAP Date: 10/25/00] (ls)
[Entry date 10/25/00]
10/26/00 22
ORDER granting [20-1] motion to extend time to comply with
S.D.Fla.L.R. 16.1 set Scheduling
meeting report due for
11/24/00 ( Signed by Judge James Lawrence King on
10/25/00) CCAP [EOD Date: 10/27/00] (ls)
[Entry date 10/27/00]
11/2/00
23 MOTION by Lynn Runnels,
Perry Runnels to extend time to
respond to Defendant's motion to
dismiss and for more
definte statement (ls) [Entry date 11/03/00]
11/9/00
24 ORDER granting [23-1]
motion to extend time to respond to
Defendant's motion to dismiss and for more definte
statement Response to motion to dismiss and for more
definite statement on or before 11/10/00 (Signed by Judge
James Lawrence King on 11/9/00) CCAP [EOD Date: 11/13/00]
(ls) [Entry date 11/13/00]
11/9/00
25 RESPONSE by Lynn Runnels,
Perry Runnels to [19-1] motion
to dismiss the complaint, [19-2] motion for more definite
statement (ls) [Entry date 11/13/00]
11/21/00 26
REPLY by The City of Miami to
response to [19-1] motion to
dismiss the complaint, [19-2] motion for more definite
statement (ls) [Entry date 11/22/00]
11/21/00 27
Joint Scheduling Report of Scheduling Meeting by Lynn
Runnels, Perry Runnels, The City of Miami (ls)
[Entry date 11/22/00]
11/28/00 28
ORDER granting in part, denying in part [19-1] motion to
dismiss the complaint, granting in part, denying in part
[19-2] motion for more definite statement; Plaintiff shall
have thirty (30) days from the date of receipt of this
order to file an amended complaint which properly reflects
the aforementioned stipulated changes (Signed by Judge
James Lawrence King on 11/28/00) CCAP [EOD Date: 11/29/00]
(ls) [Entry date 11/29/00]
12/8/00
29 AMENDED COMPLAINT by Lynn
Runnels, Perry Runnels , (Answer
due 12/18/00 for The City of Miami, for Alejandro Macias )
amending [1-1] complaint (ls)
12/8/00
30 RETURN OF SERVICE
executed for Alejandro Macias on 10/16/00
Answer due on 11/5/00 for Alejandro Macias (ls)
12/8/00
31 ORDER DENYING AS MOOT
Defendant Warshaw's 11/6/00 motion to
dismiss (not filed) (Signed by Judge James Lawrence King on
12/8/00) CCAP [EOD Date: 12/11/00] (ls)
[Entry date 12/11/00]
12/13/00 32
ORDER SETTING SCHEDULING CONFERENCE set scheduling
conference for 9:45 1/12/01 before Judge James Lawrence
King ( Signed by Judge James Lawrence King on 12/12/00)
CCAP [EOD Date: 12/14/00] (ls) [Entry date 12/14/00]
12/28/00 33
MOTION by The City of Miami, Alejandro Macias to dismiss
amended complaint, and for for more definite statement (ls)
[Entry date 12/29/00]
1/11/01
34 MOTION by Lynn Runnels,
Perry Runnels to extend time to
respond to City's and Officer Macias' motion to dismiss and
for a more definite statement Re: amended complaint (ls)
[Entry date 01/12/01]
1/12/01
-- Scheduling
conference held before Judge James Lawrence
King (ls) [Entry date 01/23/01]
1/16/01
35 Plaintiff's Notice of
compliance; providing the Defendant
with copies of the documents that were currently in their
possession: by Lynn Runnels,
Perry Runnels with (ls)
[Entry date 01/17/01]
1/16/01
36 Disclosure of Witnesses
by Lynn Runnels, Perry Runnels (ls)
[Entry date 01/17/01]
1/17/01
37 ORDER granting [34-1]
motion to extend time to respond to
City's and Officer Macias' motion to dismiss and for a more
definite statement Re: amended complaint Response to
motion reset to 1/24/01 for [33-1] motion to dismiss
amended complaint, reset to 1/24/01 for [33-2] motion for
more definite statement ( Signed by Judge James Lawrence
King on 1/17/01) CCAP [EOD Date: 1/18/01] (ls)
[Entry date 01/18/01]
1/22/01
38 Minutes of Scheduling
Conference held before Judge James
Lawrence King on 1/12/01; set
pretrial conference for
10/26/01 at 9:30am before Judge James Lawrence King Court
Reporter Name or Tape #: Robin Carbonello (ls)
[Entry date 01/23/01]
2/1/01
39 ORDER granting [33-1]
motion to dismiss amended complaint,
granting [33-2] motion for more definite statement (which
is treated as a motion to strike); Defendants shall have
fifiteen (15) days from the date of this order in which to
file an answer (REFER TO ORDER FOR FURTHER DETAILS) (Signed
by Judge James Lawrence King on 1/31/01) CCAP [EOD Date:
2/2/01] (ls) [Entry date 02/02/01]
2/15/01
40 ANSWER AND AFFIRMATIVE
DEFENSES by Alejandro Macias
(Attorney Warren Bittner) to amended complaint; jury demand
(ls) [Entry date 02/16/01]
2/15/01
41 ANSWER AND AFFIRMATIVE
DEFENSES by The City of Miami
(Attorney Warren Bittner) to amended complaint; jury demand
(ls) [Entry date 02/16/01]
3/1/01
42 MOTION by Lynn Runnels,
Perry Runnels to compel responses
to request for production (ls) [Entry date 03/02/01]
3/6/01
43 ORDER SETTING PRE-TRIAL
CONFERENCE DATE set pretrial
conference for 9:30 10/26/01 before Judge James Lawrence
King ( Signed by Judge James Lawrence King on 3/6/01) CCAP
[EOD Date: 3/7/01] (ls) [Entry date 03/07/01]
3/8/01
44 ORDER OF REFERENCE
Referring Motion(s) [42-1] motion to
compel responses to request for production referred to
Magistrate Judge John J. O'Sullivan ( signed by Judge James
Lawrence King on 3/6/01) [EOD Date: 3/9/01] (ls)
[Entry date 03/09/01]
3/16/01
45 RESPONSE by The City of
Miami to [42-1] motion to compel
responses to request for production (ls)
[Entry date 03/19/01]
3/27/01
46 ORDER denying [42-1]
motion to compel responses to request
for production ( Signed by
Magistrate Judge John J.
O'Sullivan on 3/26/01) CCAP [EOD Date: 3/30/01] (ls)
[Entry date 03/30/01]
4/26/01
47 MOTION by Lynn Runnels,
Perry Runnels for leave to amend
[29-1] amended complaint (ls) [Entry
date 04/27/01]
4/30/01
48 NOTICE of Unavailability
by Lynn Runnels, Perry Runnels
for dates of: 6/13/01 - 7/8/01 (ls) [Entry date 05/01/01]
5/10/01
49 NOTICE of attorney
appearance for Alejandro Macias by
Ronald Jay Cohen (ls) [Entry date 05/11/01]
5/11/01
50 RESPONSE by The City of
Miami, Alejandro Macias to [47-1]
motion for leave to amend [29-1] amended complaint (ls)
[Entry date 05/14/01]
5/16/01
51 ORDER granting [47-1]
motion for leave to amend [29-1]
amended complaint (Signed by Judge James Lawrence King on
5/16/01) CCAP [EOD Date: 5/17/01] (sn) [Entry date 05/17/01]
5/21/01
52 NOTICE of Unavailability
by The City of Miami, Donald
Warshaw, Joseph Corollo, William O'Brien, Alejandro Macias
for dates of: 8/20/01 - 9/1/01 and 12/3/01 - 12/19/01 (ls)
[Entry date 05/22/01]
5/22/01
53 NOTICE of Unavailability
by The City of Miami, Donald
Warshaw, Joseph Corollo, William O'Brien, Alejandro Macias
for dates of: 7/9/01 - 7/13/01, 8/6/01 - 8/10/01 and
6/25/01 - 6/27/01 (ls)
6/12/01
54 MOTION with memorandum in
support by Lynn Runnels, Perry
Runnels for leave to amend [29-1] amended complaint (ls)
[Entry date 06/13/01]
6/12/01
55 SECOND AMENDED COMPLAINT
by Lynn Runnels, Perry Runnels ,
(Answer due 6/22/01 for Alejandro Macias, for The City of
Miami ) amending [29-1] amended complaint (ls)
[Entry date 06/13/01]
6/19/01
56 MOTION by The City of
Miami, Alejandro Macias for Warren
Bittner to withdraw as attorney (ls) [Entry date 06/20/01]
6/22/01
57 ORDER granting [56-1]
motion for Warren Bittner to withdraw
as attorney (Terminated: attorney Warren Bittner for
Alejandro Macias, attorney Warren Bittner for The City of
Miami; Parties have twenty (20) days from the date of this
order to file a notice of new attorney (Signed by Judge
James Lawrence King on 6/22/01) [EOD Date: 6/25/01] (ls)
[Entry date 06/25/01]
7/2/01
58 NOTICE of filing
Deposition of Arnold Yen by Lynn Runnels,
Perry Runnels (ls) [Entry date 07/03/01]
7/2/01
59 DEPOSITION of Arnold Yen
with attachments (exhibits) not
scanned kept in expansion file in large envelopes (ls)
[Entry date 07/03/01]
7/2/01
60 NOTICE of filing
deposition of Sgt. Robert Rambo by Lynn
Runnels, Perry Runnels (ls) [Entry date 07/03/01]
7/2/01
61 DEPOSITION of Sgt. Robert
Rambo with attachments (exhibits)
not scanned kept in expansion file in large envelopes (ls)
[Entry date 07/03/01]
7/3/01
62 MOTION with memorandum in
support by Alejandro Macias for
protective order order from
deposition, and to stay of
discovery (ls) [Entry date 07/05/01]
7/9/01
63 Statement regarding
representation of Defendant Macias by
Alejandro Macias (ls) [Entry date 07/10/01]
7/10/01
64 STIPULATION by The City
of Miami In Re: for substitution
of Counsel (ls) [Entry date 07/11/01]
7/11/01
65 RESPONSE by Lynn Runnels,
Perry Runnels in opposition to
[62-1] motion for protective order
order from deposition,
[62-2] motion to stay of discovery (ls)
[Entry date 07/12/01]
7/17/01
66 MOTION by Lynn Runnels,
Perry Runnels for leave to exceed
the Rule 30(A) limit on the number of depositions allowed
(ls) [Entry date 07/18/01]
7/17/01
67 EMERGENCY MOTION by Lynn
Runnels, Perry Runnels for status
conference (ls) [Entry date 07/18/01]
7/19/01
68 NOTICE of Unavailability
by The City of Miami for dates
of: 8/9/01 - 8/19/01 and 8/14/01 - 8/24/01 (ls)
[Entry date 07/20/01]
7/19/01
69 MOTION by The City of
Miami to stay Action (ls)
[Entry date 07/20/01]
7/19/01
70 NOTICE of Filing Original
Affidavit of William D.
Matthewman (attached) by Alejandro Macias (ls)
[Entry date 07/20/01]
7/20/01
71 NOTICE of filing amended
certificate of service to
plaintiffs response and memorandum of law in opposition to
Defendant Macias' motion for protective order and stay of
discovery from him and memorandum of law in support by Lynn
Runnels, Perry Runnels (ls) [Entry date 07/23/01]
7/20/01
72 AGREED MOTION by
Alejandro Macias to extend time to file
reply memorandum to Plaintiff's response in opposition to
Defendant's motion for protective order (ls)
[Entry date 07/23/01]
7/23/01
73 NOTICE of filing for
trial purposes: Plaintiff's request
for admissions and Plaintiff's supplemental request for
production by Lynn Runnels, Perry
Runnels (ls)
[Entry date 07/24/01]
7/23/01
74 NOTICE of filing amended
certificate of service to
Plaintiffs' emergency motion for status conference by Lynn
Runnels, Perry Runnels (ls)
[Entry date 07/24/01]
7/24/01
75 REPLY by Alejandro
Macias to response to [62-1] motion for
protective order order from
deposition, [62-2] motion to
stay of discovery (tb) [Entry date 07/25/01]
7/24/01
76 ORDER granting [72-1]
motion to extend time to file reply
memorandum to Plaintiff's response in opposition to
Defendant's motion for protective order until 7/24/01
(Signed by Judge James Lawrence King on 7/24/01) [EOD Date:
7/25/01] (rn) [Entry date 07/25/01]
8/1/01
77 RESPONSE by The City of
Miami to [66-1] motion for leave
to exceed the Rule 30(A) limit on the number of depositions
allowed (ls) [Entry date 08/02/01]
8/1/01
78 RESPONSE by The City of
Miami to [67-1] motion for status
conference (ls) [Entry date 08/02/01]
8/2/01
79 RESPONSE by Lynn Runnels,
Perry Runnels to [69-1] motion
to stay Action (ls) [Entry date 08/03/01]
8/3/01
80 RESPONSE by Alejandro
Macias to [66-1] motion for leave to
exceed the Rule 30(A) limit on the number of depositions
allowed (ls) [Entry date
08/06/01]
8/3/01
81 RESPONSE by Alejandro
Macias to [67-1] motion for status
conference (ls) [Entry date 08/06/01]
8/6/01
82 ORDER SETTING HEARING
Motion hearing before Judge James
Lawrence King set for 9:30 8/9/01 for
[69-1] motion to stay
Action ( Signed by Judge James Lawrence King on 8/6/01)
[EOD Date: 8/8/01] (ls) [Entry date 08/08/01]
8/9/01
83 RESPONSE by The City of
Miami in support of [69-1] motion
to stay Action (tb) [Entry date 08/10/01]
8/16/01
84 NOTICE of filing for
trial purposes the depositions of
Sharon Hinz, Dr. Ray Fernandez and of Sergeant Carlos De
Los Santos by Lynn Runnels, Perry Runnels (ls)
[Entry date 08/17/01]
8/16/01
85 DEPOSITION of Sergeant
Carlos De Los Santos (ls)
[Entry date 08/17/01]
8/16/01
86 DEPOSITION of Dr. Ray
Fernandez (ls) [Entry date 08/17/01]
8/16/01
87 DEPOSITION of Sharon Hinz
(ls) [Entry date 08/17/01]
9/7/01
88 OBJECTIONS AND RESPONSE
by The City of Miami in opposition
to [73-1] notice (ls) [Entry date 09/10/01]
9/25/01
89 UNOPPOSED MOTION by The
City of Miami to compel production
of Medical Records (ls) [Entry date 09/26/01]
9/27/01
90 ORDER granting [89-1]
motion to compel production of
Medical Records ( Signed by Judge James Lawrence King on
9/27/01) [EOD Date: 9/28/01] (ls) [Entry date 09/28/01]
10/3/01
91 NOTICE of limited
attorney appearance as additional counsel
for Alejandro Macias by Steven Jay Wisotsky (ls)
[Entry date 10/04/01]
10/5/01
92 JOINT MOTION by Lynn
Runnels, Perry Runnels, The City of
Miami, Donald Warshaw, Joseph Corollo, William O'Brien,
Alejandro Macias for continuance of trial, and to extend
time pretrial deadlines, or in the alternative to extend
time to file motions (ls) [Entry date 10/09/01]
10/5/01
93 AFFIDAVIT OF MICHAEL
PALAHACH, III by Lynn Runnels, Perry
Runnels Re: [92-1] joint motion for continuance of trial,
[92-2] joint motion to extend time pretrial deadlines,
[92-3] joint motion to extend time to file motions (ls)
[Entry date 10/09/01]
10/5/01
94 AFFIDAVIT OF MICHAEL
FERTIG by The City of Miami Re:
[92-1] joint motion for continuance of trial, [92-2] joint
motion to extend time pretrial deadlines, [92-3] joint
motion to extend time to file motions (ls)
[Entry date 10/09/01]
10/5/01
95 AFFIDAVIT OF RONALD J.
COHEN by Alejandro Macias Re:
[92-1] joint motion for continuance of trial, [92-2] joint
motion to extend time pretrial deadlines, [92-3] joint
motion to extend time to file
motions (ls)
[Entry date 10/09/01]
10/11/01 96
Transcript filed re: MOTION TO STAY held 8/13/01 before
Judge James Lawrence King Pages:
1-44. Court Reporter:
Robin Marie Dispenzieri (gp) [Entry
date 10/12/01]
10/12/01 97
ORDER granting [92-1] joint motion for continuance of
trial, granting [92-2] joint motion to extend time pretrial
deadlines, granting [92-3] joint motion to extend time to
file motions reset pretrial
conference for 9:45 2/15/02
before Judge James Lawrence King, and
reset pretrial
stipulation due for 2/8/02, and
reset Jury trial for
3/18/02 before Judge James Lawrence King, and reset
calendar call for 2:00 3/14/02
before Judge James
Lawrence King ( Signed by Judge James Lawrence King on
10/12/01) [EOD Date: 10/15/01] (ls) [Entry date 10/15/01]
11/27/01 98
MOTION by Lynn Runnels, Perry Runnels to compel answers to
Plaintiffs' fourth supplemental request for admissions
under rule 36 (ls) [Entry date 11/28/01]
12/14/01 99
RESPONSE by The City of Miami to
[98-1] motion to compel
answers to Plaintiffs' fourth supplemental request for
admissions under rule 36 (ls) [Entry date 12/17/01]
12/20/01 100
ORDER denying [98-1] motion to compel answers to
Plaintiffs' fourth supplemental request for admissions
under rule 36 ( Signed by Judge James Lawrence King on
12/19/01) [EOD Date: 12/21/01] (ls) [Entry date 12/21/01]
1/8/02
101 SEALED DOCUMENT placed in
vault (sp) [Entry date 01/11/02]
1/8/02
102 SEALED DOCUMENT placed in
vault (sp) [Entry date 01/11/02]
1/15/02
103 NOTICE OF SETTLEMENT
pending commision approval by Lynn
Runnels, Perry Runnels, The City of Miami, Alejandro Macias
(ls) [Entry date 01/16/02]
1/15/02
103 JOINT MOTION by Lynn
Runnels, Perry Runnels, The City of
Miami, Alejandro Macias to abate the action, and remove
the case from the trial docket pending City Commision
approval (ls) [Entry date 01/16/02]
1/16/02
104 JOINT MOTION by Lynn
Runnels, Perry Runnels, The City of
Miami, Alejandro Macias to extend time Pre-Trial motion
cutoff (ls) [Entry date 01/17/02]
1/17/02
105 AGREED ORDER UPON [103-1]
settlement notice granting
[103-1] joint motion to abate the action, granting [103-2]
joint motion remove the case from the trial docket pending
City approval; Case shall be removed from the Court's trial
docket and this action shall be abated for sixty (60) days
effective 1/14/02 (Signed by Judge James Lawrence King on
1/16/02) [EOD Date: 1/18/02] (ls) [Entry date 01/18/02]
1/17/02
-- **Set Stayed Flag (ls)
[Entry date 01/18/02]
4/8/02
106 STIPULATION of dismissal
with prejudice by Lynn Runnels,
Perry Runnels, The City of Miami, Alejandro Macias (ls)
[Entry date 04/09/02]
4/8/02
106 ORDER upon [106-1]
dismissal stipulation; this case is
hereby dismissed as to all parties and with prejudice to
the plaintiffs, with each party to bear their own
attorney's fees and costs (Signed by Judge James Lawrence
King on 4/8/02) [EOD Date: 5/8/02] (ls)
[Entry date 05/08/02]
4/8/02
-- CASE CLOSED. Case and
Motions no longer referred to
Magistrate. (ls) [Entry date 05/08/02]
Case Flags:
JJO
CLOSED
END OF DOCKET: 1:00cv2930
Click back button to return to publication.