| Date Filed | Doc # | Docket Text |
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| 2011-02-02 | 1 | COMPLAINT against U.S. Department of Homeland Security, Federal Emergency Management Agency (Filing fee $350 receipt number TPA3334) filed by Brian Wingate, Danielle Wingate. (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 Civil Cover Sheet) (DMS) (Entered: 02/02/2011) |
| 2011-02-23 | 3 | Summons Issued as to U.S. Department of Homeland Security, Federal Emergency Management Agency. (CD) (Entered: 03/17/2011) |
| 2011-03-16 | 2 | SUMMONS Returned Executed by Brian Wingate, Danielle Wingate. All Defendants. (Attachments: # 1 Affidavit Affidavit of Process Server)(Haas, Lee) (Entered: 03/16/2011) |
| 2011-04-19 | 4 | First MOTION for entry of clerk's default against All Defendants by All Plaintiffs. (Haas, Lee) Motions referred to Magistrate Judge Anthony E. Porcelli. (Entered: 04/19/2011) |
| 2011-04-22 | 5 | *SET ASIDE PURSUANT TO 7 ORDER.* CLERK'S ENTRY OF DEFAULT as to U.S. Department of Homeland Security, Federal Emergency Management Agency (CD) Modified on 5/24/2011 (CD). (Entered: 04/22/2011) |
| 2011-05-18 | 6 | MOTION for default judgment against All Defendants by All Plaintiffs. (Attachments: # 1 Affidavit in Support of Plaintiffs' Motion for Entry of Default Judgment)(Haas, Lee) (Entered: 05/18/2011) |
| 2011-05-23 | 7 | ORDER: Brian and Danielle Wingate's Motion for Entry of Default Judgment 6 is DENIED. The Clerk's Entry of Default 5 is set aside. The Wingates have 45 days to effect service of process upon Defendants. Signed by Judge Virginia M. Hernandez Covington on 5/23/2011. (KAK) (Entered: 05/23/2011) |
| 2011-05-23 | 8 | RESPONSE in opposition re 6 MOTION for default judgment against All Defendants filed by U.S. Department of Homeland Security, Federal Emergency Management Agency. (Corinis, Jennifer) (Entered: 05/23/2011) |
| 2011-06-24 | 9 | ANSWER and affirmative defenses to 1 Complaint by U.S. Department of Homeland Security, Federal Emergency Management Agency.(Corinis, Jennifer) (Entered: 06/24/2011) |
| 2011-08-23 | 10 | NOTICE of designation under Local Rule 3.05 - track 2 (LS) (Entered: 08/23/2011) |
| 2011-09-01 | 11 | MOTION for miscellaneous relief, specifically redesignate case as a track one case by U.S. Department of Homeland Security, Federal Emergency Management Agency. (Corinis, Jennifer) (Entered: 09/01/2011) |
| 2011-09-09 | 12 | RESPONSE to motion re 11 MOTION for miscellaneous relief, specifically redesignate case as a track one case Plaintiffs' Response to Defendant's Motion to Redesignate Action as a Track One Case filed by Brian Wingate, Danielle Wingate. (Haas, Lee) (Entered: 09/09/2011) |
| 2011-09-14 | 13 | ORDER: Defendants' Motion to Redesignate Action as a Track One Case 11 is DENIED. The Court directs the parties to file a Case Management Report within 30 days of the date of this Order. Signed by Judge Virginia M. Hernandez Covington on 9/14/2011. (KAK) (Entered: 09/14/2011) |
| 2011-10-13 | 14 | CASE MANAGEMENT REPORT. (Haas, Lee) (Entered: 10/13/2011) |
| 2011-10-18 | 15 | CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 9/6/2012, Final Pretrial Conference set for 9/13/2012 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. Bench Trial set during the October, 2012 trial calendar at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. See actual order for additional deadlines. Signed by Judge Virginia M. Hernandez Covington on 10/18/2011. (LS) (Entered: 10/18/2011) |
| 2011-10-18 | 16 | ORDER REFERRING CASE to mediation and directing selection of a mediator within twenty days of the date of this Order. Plaintiffs' counsel to coordinate dates. Mediation shall be conducted on or before May 4, 2012. Signed by Judge Virginia M. Hernandez Covington on 10/18/2011. (KAK) (Entered: 10/18/2011) |
| 2011-11-07 | 17 | STIPULATION re 16 Order referring case to mediation Joint Stipulation Selecting Mediator by Brian Wingate, Danielle Wingate. (Haas, Lee) (Entered: 11/07/2011) |
| 2011-11-10 | 18 | ORDER appointing James R. Case, Esq. as mediator in this action. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 11/10/2011. (KAK) (Entered: 11/10/2011) |
| 2011-12-02 | 19 | MOTION for summary judgment by U.S. Department of Homeland Security, Federal Emergency Management Agency. (Attachments: # 1 Affidavit Dr. Anthony Bennett, # 2 Exhibit A, # 3 Exhibit B, # 4 Exhibit C, # 5 Exhibit D, # 6 Exhibit E, # 7 Exhibit F, # 8 Exhibit G, # 9 Exhibit H, # 10 Exhibit I, # 11 Exhibit J, # 12 Exhibit K, # 13 Exhibit L, # 14 Exhibit M, # 15 Exhibit N, # 16 Exhibit O, # 17 Exhibit P, # 18 Exhibit Q, # 19 Exhibit R, # 20 Exhibit S, # 21 Exhibit T, # 22 Exhibit U, # 23 Exhibit V, # 24 Exhibit W-1, # 25 Exhibit W-2, # 26 Exhibit W-3, # 27 Exhibit W-4, # 28 Exhibit W-5, # 29 Exhibit X-1, # 30 Exhibit X-2, # 31 Exhibit X-3, # 32 Exhibit X-4, # 33 Exhibit X-5, # 34 Exhibit X-6, # 35 Exhibit X-7, # 36 Exhibit X-8, # 37 Exhibit X-9, # 38 Exhibit X-10, # 39 Exhibit X-11, # 40 Exhibit X-12, # 41 Exhibit Z)(Corinis, Jennifer) *IMAGES FOR EXHIBITS G, T AND W-1 HAVE BEEN REMOVED DUE TO PRIVACY ISSUES. COUNSEL HAS BEEN NOTIFIED TO FILE REDACTED EXHIBITS. Modified on 12/5/2011 (CD). (Entered: 12/02/2011) |
| 2011-12-06 | 20 | NOTICE by U.S. Department of Homeland Security, Federal Emergency Management Agency re 19 MOTION for summary judgment (Attachments: # 1 Exhibit Redacted G, # 2 Exhibit Redacted T, # 3 Exhibit Redacted W-1)(Corinis, Jennifer) (Entered: 12/06/2011) |
| 2011-12-09 | 21 | Notice of Scheduled Mediation NOTICE of mediation hearing to be held on April 17, 2012 @ 9:00 a.m. before James R. Case. (Haas, Lee) (Entered: 12/09/2011) |
| 2011-12-15 | 22 | MOTION for extension of time to file response/reply as to 19 MOTION for summary judgment by Brian Wingate, Danielle Wingate. (Haas, Lee) (Entered: 12/15/2011) |
| 2011-12-16 | 23 | ENDORSED ORDER granting 22 Plaintiffs' Motion for Extension of Time to File a Response in Opposition to Defendant's Motion for Summary Judgment. Plaintiffs have until and including January 17, 2012, to respond to the Motion for Summary Judgment. Signed by Judge Virginia M. Hernandez Covington on 12/16/2011. (KAK) (Entered: 12/16/2011) |
| 2012-01-17 | 24 | RESPONSE in opposition re 19 MOTION for summary judgment filed by Brian Wingate, Danielle Wingate. (Attachments: # 1 Affidavit Affidavit in Opposition to Defendant's Motion for Summary Judgment, # 2 Exhibit Exhibit A Final Order of DPSM, # 3 Exhibit Exhibit B Final Order of DBPR, # 4 Exhibit Exhibit C Berrymen ltr of 9/23/09 to Rimes w-Issue Analysis and Staff Recommendation, # 5 Exhibit Exhibit D Durrin & Pailthorp e-mail string, # 6 Exhibit Exhibit E DiPasqua & Durrin e-mail string, # 7 Exhibit Exhibit F Defendant's Responses to Plaintiff's First Interrogatories)(Haas, Lee) (Entered: 01/17/2012) |
| 2012-02-01 | 25 | MOTION for leave to file Reply to Plaintiffs' Response to Defendant's Motion to Dismiss by U.S. Department of Homeland Security, Federal Emergency Management Agency. (Corinis, Jennifer) (Entered: 02/01/2012) |
| 2012-02-02 | 26 | ENDORSED ORDER: Defendant's motion for leave to file a reply memorandum 25 is granted. The Court acknowledges that the request to file a reply memorandum is opposed; nevertheless, the Court determines that a reply memorandum will assist the Court in assessing the merits of the underlying motion. Accordingly, Defendant may file a reply memorandum, limited to five pages, by February 10, 2012. Signed by Judge Virginia M. Hernandez Covington on 2/2/2012. (KAK) (Entered: 02/02/2012) |
| 2012-02-10 | 27 | REPLY to response to motion re 25 MOTION for leave to file Reply to Plaintiffs' Response to Defendant's Motion to Dismiss filed by U.S. Department of Homeland Security, Federal Emergency Management Agency. (Corinis, Jennifer) (Entered: 02/10/2012) |
| 2012-02-13 | 28 | REQUEST for oral argument re 19 MOTION for summary judgment, 27 Reply to response to motion by Brian Wingate, Danielle Wingate. (Haas, Lee) (Entered: 02/13/2012) |
| 2012-03-19 | 29 | ORDER denying without prejudice 19 Motion for Summary Judgment. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 3/19/2012. (KAK) (Entered: 03/19/2012) |
| 2012-04-02 | 30 | MOTION for protective order and to quash deposition subpoena by U.S. Department of Homeland Security, Federal Emergency Management Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Corinis, Jennifer) Motions referred to Magistrate Judge Anthony E. Porcelli. (Entered: 04/02/2012) |
| 2012-04-11 | 31 | MOTION for miscellaneous relief, specifically an order permitting agency counsel to participate in mediation by telephone by U.S. Department of Homeland Security, Federal Emergency Management Agency. (Corinis, Jennifer) (Entered: 04/11/2012) |
| 2012-04-11 | 32 | ENDORSED ORDER: Defendant's Motion for an Order Permitting FEMA Agency Representative to Appear at Settlement Conference via Telephone 31 is granted. The Court recognizes that the Motion is opposed, and the Court notes that it normally disallows appearance at mediation by telephone. However, under the circumstances presented and particularly because a representative of the Department of Justice will attend the mediation in person, the Court finds it appropriate to allow the FEMA representative to participate in the upcoming mediation by telephone. Signed by Judge Virginia M. Hernandez Covington on 4/11/2012. (KAK) (Entered: 04/11/2012) |
| 2012-04-12 | 33 | RESPONSE to motion re 30 MOTION for protective order and to quash deposition subpoena filed by Brian Wingate, Danielle Wingate. (Haas, Lee) (Entered: 04/12/2012) |
| 2012-04-17 | 34 | NOTICE of Hearing on Motion 30 MOTION for protective order and to quash deposition subpoena : Motion Hearing set for 4/25/2012 at 10:00 AM in Tampa Courtroom 10 A before Magistrate Judge Anthony E. Porcelli. Any party wishing to appear telephonically should contact Judge Porcelli's chambers at 813-301-5540 by 5:00 p.m. on 4/24/2012 to provide a telephone number where the party may be reached for the hearing.(JMF) (Entered: 04/17/2012) |
| 2012-04-20 | 35 | MEDIATION REPORT Hearing held on 4/17/12 Hearing outcome: impasse(JLH) (Entered: 04/20/2012) |
| 2012-04-24 | 36 | MOTION to Dismiss for Lack of Jurisdiction by U.S. Department of Homeland Security, Federal Emergency Management Agency. (Corinis, Jennifer) (Entered: 04/24/2012) |
| 2012-04-25 | 37 | ORDER denying 30 Motion for protective order. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 4/25/2012. (JMF) (Entered: 04/25/2012) |
| 2012-04-25 | 38 | Minute Entry. Proceedings held before Magistrate Judge Anthony E. Porcelli: Motion Hearing held on 4/25/2012 re 30 MOTION for protective order and to quash deposition subpoena filed by U.S. Department of Homeland Security, Federal Emergency Management Agency. (digital) (LV) (Entered: 04/25/2012) |
| 2012-05-04 | 39 | RESPONSE in opposition re 36 MOTION to Dismiss for Lack of Jurisdiction filed by Brian Wingate, Danielle Wingate. (Haas, Lee) (Entered: 05/04/2012) |
| 2012-05-08 | 40 | MOTION for leave to file Brief Reply to Plaintiffs' Response to Defendant's Motion to Dismiss by U.S. Department of Homeland Security, Federal Emergency Management Agency. (Corinis, Jennifer) (Entered: 05/08/2012) |
| 2012-05-09 | 41 | ENDORSED ORDER: Defendant's Motion for Leave to File Brief Reply to Plaintiffs' Response to Defendant's Motion to Dismiss 40 is granted. The Court acknowledges that the request to file a reply memorandum is opposed; nevertheless, the Court determines that a reply memorandum will assist the Court in assessing the merits of the underlying motion. Accordingly, Defendant may file a reply memorandum, limited to five pages, within seven days of the date of this Order. Signed by Judge Virginia M. Hernandez Covington on 5/9/2012. (KAK) (Entered: 05/09/2012) |
| 2012-05-11 | 42 | First MOTION to compel Answer to Interrogatory by All Plaintiffs. (Haas, Lee) Motions referred to Magistrate Judge Anthony E. Porcelli. (Entered: 05/11/2012) |
| 2012-05-11 | 43 | MOTION for extension of time to complete discovery and for Extension of Dates in Case Management Report by All Plaintiffs. (Haas, Lee) Motions referred to Magistrate Judge Anthony E. Porcelli. (Entered: 05/11/2012) |
| 2012-05-15 | 44 | MEMORANDUM in opposition re 42 Motion to compel filed by U.S. Department of Homeland Security, Federal Emergency Management Agency. (Attachments: # 1 Exhibit A, # 2 Exhibit B, # 3 Exhibit C, # 4 Exhibit D, # 5 Exhibit E, # 6 Exhibit F)(Corinis, Jennifer) (Entered: 05/15/2012) |
| 2012-05-16 | 45 | REPLY to response to motion re 36 MOTION to Dismiss for Lack of Jurisdiction filed by U.S. Department of Homeland Security, Federal Emergency Management Agency. (Corinis, Jennifer) (Entered: 05/16/2012) |
| 2012-05-16 | 46 | REQUEST for oral argument re 45 Reply to response to motion, 39 Response in opposition to motion, 36 MOTION to Dismiss for Lack of Jurisdiction by Brian Wingate, Danielle Wingate. (Haas, Lee) (Entered: 05/16/2012) |
| 2012-05-18 | 47 | ORDER denying 42 Motion to compel; granting 43 Motion for extension of time to complete discovery to the extent set forth in the Order. See Order for details. Signed by Magistrate Judge Anthony E. Porcelli on 5/18/2012. (JMF) (Entered: 05/18/2012) |
| 2012-05-22 | 48 | AMENDED CASE MANAGEMENT AND SCHEDULING ORDER: Pretrial statement due by 10/4/2012, Final Pretrial Conference set for 10/11/2012 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Bench Trial set for trial term beginning 11/5/2012 at 09:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington. See order for details. Signed by Judge Virginia M. Hernandez Covington on 5/22/2012. (AM) (Entered: 05/22/2012) |
| 2012-05-31 | 49 | ORDER: Defendant's Motion to Dismiss for Lack of Jurisdiction 36 is GRANTED. The Clerk is directed to CLOSE THIS CASE. See Order for details. Signed by Judge Virginia M. Hernandez Covington on 5/31/2012. (KAK) (Entered: 05/31/2012) |
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