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Case TitleSt. Andrews Park, et al v. Corps of Engineers
DistrictSouthern District of Florida
CityFt Pierce
Case Number2:2002cv14256
Date Filed2002-09-16
Date Closed2004-03-31
JudgeJudge James I. Cohn
PlaintiffSt. Andrews Park, Inc.
PlaintiffHorizon Community Church, Inc.
PlaintiffUnited Management Services, Inc.
DefendantUnited States Department of the Army Corps of Engineers
Documents
Docket
Complaint
User-contributed Documents
 
Docket Events (Hide)
Date FiledDoc #Docket Text

2002-09-161COMPLAINT filed; FILING FEE $150.00 RECEIPT # 221812 ; Magistrate Judge Lynch (cg, Deputy Clerk) (Entered: 09/17/2002)
2002-09-162Notice of lawsuit and request for waiver of service for summons as to Corps of Engineers Mailed on: 9/13/02 60 days to file waiver. (cg, Deputy Clerk) (Entered: 09/17/2002)
2002-09-163Notice of lawsuit and request for waiver of service for summons as to Corps of Engineers by serving U.S. Attorney General's Office Mailed on: 9/13/02 60 days to file waiver. (cg, Deputy Clerk) (Entered: 09/17/2002)
2002-09-164Notice of lawsuit and request for waiver of service for summons as to Corps of Engineers by serving U.S. Atty's Office SD/FL Mailed on: 9/13/02 60 days to file waiver. (cg, Deputy Clerk) (Entered: 09/17/2002)
2002-12-125AMENDED COMPLAINT by St. Andrews Park, Horizon Community , (Answer due 12/23/02 for Corps of Engineers ) amending [1-1] complaint (cg, Deputy Clerk) (Entered: 12/16/2002)
2002-12-126SUMMONS(ES) issued for Corps of Engineers by serving U S Atty's Office, SD/FL (cg, Deputy Clerk) (Entered: 12/16/2002)
2002-12-127SUMMONS(ES) issued for Corps of Engineers by serving U S Atty General (cg, Deputy Clerk) (Entered: 12/16/2002)
2002-12-128SUMMONS(ES) issued for Corps of Engineers (cg, Deputy Clerk) (Entered: 12/16/2002)
2003-01-159MOTION by St. Andrews Park, Horizon Community for Diane W. Carr to withdraw as counsel (ss, Deputy Clerk) (Entered: 01/16/2003)
2003-01-1510UNOPPOSED MOTION by Corps of Engineers to enlarge time within which to answer complaint (ss, Deputy Clerk) (Entered: 01/16/2003)
2003-02-0311MOTION with memorandum in support by St. Andrews Park for leave to file 2nd amended complaint (wj, Deputy Clerk) (Entered: 02/04/2003)
2003-02-1212MOTION with memorandum in support by St. Andrews Park, Horizon Community for summary judgment as to Count III and Statement of material facts (cg, Deputy Clerk) Modified on 05/22/2003 (Entered: 02/13/2003)
2003-02-1213Notice of filing documents by St. Andrews Park, Horizon Community to: [12-1] motion for summary judgment as to Co unt III (cg, Deputy Clerk) Modified on 05/22/2003 (Entered: 02/13/2003)
2003-03-2414ORDER Granting [10-1] unopposed motion to enlarge time within which to answer complaint (Signed by Judge Norman C. Roettger Jr. 3/21/03) [EOD Date: 3/26/03] (ss, Deputy Clerk) (Entered: 03/26/2003)
2003-03-2415ORDER Granting [9-1] motion for Diane W. Carr to withdraw as counsel (Signed by Judge Norman C. Roettger Jr. on 3/21/03) [EOD Date: 3/26/03] (ss, Deputy Clerk) (Entered: 03/26/2003)
2003-04-0316NOTICE of attorney appearance for St. Andrews Park, Horizon Community by D. Kent Safriet, Esquire (cg, Deputy Clerk) (Entered: 04/04/2003)
2003-05-0917SECOND UNOPPOSED MOTION by Corps of Engineers to extend time to file answer (ss, Deputy Clerk) (Entered: 05/12/2003)
2003-05-1618NOTIFICATION of 90 days expiring and ripeness for hearing by St. Andrews Park, Horizon Community (ss, Deputy Clerk) (Entered: 06/16/2003)
2003-05-2319NOTICE of temporary reassignment of counsel effective 6/13/03 until 9/10/03 for Corps of Engineers by Marilynn Koonce Lindsey (ss, Deputy Clerk) Modified on 06/16/2003 (Entered: 05/27/2003)
2003-06-1620ORDER Granting [11-1] motion for leave to file a second amended complaint; Granting [17-1] second unopposed motion to extend time to file answer (Signed by Judge Norman C. Roettger Jr. on 6/13/03) [EOD Date: 6/16/03] (ss, Deputy Clerk) Modified on 06/16/2003 (Entered: 06/16/2003)
2003-06-1621SECOND AMENDED COMPLAINT by St. Andrews Park, Horizon Community, (Answer due 6/26/03 for Corps of Engineers) amending amended complaint (ss, Deputy Clerk) (Entered: 06/16/2003)
2003-06-2422MOTION by St. Andrews Park, Horizon Community for summary judgment(on count 1), memorandum of law in support and statement of material facts. (Former Deputy Clerk) (Entered: 06/24/2003)
2003-06-2423SECOND NOTICE of filing documents in support of it's motion for summary judgment, by St. Andrews Park, Horizon Community (Former Deputy Clerk) (Entered: 06/24/2003)
2003-06-2424MOTION by St. Andrews Park, Horizon Community for Hearing on [22-1] motion for summary judgment(on count 1), memorandum of law in support and statement of material facts. (Former Deputy Clerk) (Entered: 06/24/2003)
2003-06-2725MOTION by Corps of Engineers for enlargement of time within which to answer or otherwise respond to second amended complaint and to motion for summary judgment (ss, Deputy Clerk) (Entered: 06/30/2003)
2003-07-0226ORDER Granting [25-1] motion for enlargement of time within which to answer or otherwise respond to second amended complaint and to motion for summary judgment; Response to motion reset to 7/21/03 for [22-1] motion for summary judgment (count 1), reset to 7/21/03 for [12-1] motion for summary judgment as to count III (Signed by Judge William P. Dimitrouleas on 7/2/03) [EOD Date: 7/3/03] (ss, Deputy Clerk) (Entered: 07/03/2003)
2003-07-2127MOTION with memorandum in support by Corps of Engineers to dismiss Count III of Second Amended Complaint (dp, Deputy Clerk) (Entered: 07/22/2003)
2003-07-2128ANSWER by Corps of Engineers to second amended complaint (dp, Deputy Clerk) (Entered: 07/22/2003)
2003-07-2129MOTION with memorandum in support by Corps of Engineers to stay proceedings , or alternatively to strike [22-1] motion for summary judgment(on count 1), memorandum of law in support and statement of material facts. (dp, Deputy Clerk) (Entered: 07/22/2003)
2003-08-0130JOINT MOTION by St. Andrews Park, Horizon Community to stay Pltfs' motion for summary judgment on Count III pending determination of motion to dismiss and deny deft's motion to stay or strike pltfs' 2nd motion for summary judgment on Count I (cg, Deputy Clerk) (Entered: 08/04/2003)
2003-08-0631RESPONSE by St. Andrews Park, Horizon Community to [27-1] motion to dismiss Count III of Second Amended Complaint (Former Deputy Clerk) (Entered: 08/07/2003)
2003-08-1232ORDER Administrative Order 2003-87 reassigning all pending civil cases originating in the Miami, Fort Lauderdale, West Palm Beach, and Fort Pierce divisions that were assigned to Judge Norman Roetter as of the date of his passing be transferred to the Honorable James I. Cohn ( Signed by Judge William J. Zloch on 8/12/03) [EOD Date: 8/13/03] (dp, Deputy Clerk) (Entered: 08/13/2003)
2003-08-12CASE reassigned to Judge James I. Cohn (dp, Deputy Clerk) (Entered: 08/13/2003)
2003-08-1333REPLY Brief by Corps of Engineers in support of its [27-1] motion to dismiss (ss, Deputy Clerk) (Entered: 08/14/2003)
2003-09-0234RESPONSE by Corps of Engineers to [22-1] motion for summary judgment(on count 1), memorandum of law in support and statement of material facts. and CROSS-MOTION, for summary judgment (dp, Deputy Clerk) (Entered: 09/03/2003)
2003-09-1035UNOPPOSED MOTION by St. Andrews Park, Horizon Community to extend time to file reply to The Corps' response to plaintiffs' motion for summary judgment on count I and responsfe to the corps' cross-motion for summary judgment on count II (lh, Deputy Clerk) (Entered: 09/12/2003)
2003-09-1036NOTICE by St. Andrews Park, Horizon Community to take deposition of Valencia Towers 9/16/03 at 10:30 (lh, Deputy Clerk) (Entered: 09/12/2003)
2003-09-1537AMENDMENT by St. Andrews Park, Horizon Community to: [36-1] deposition notice (lh, Deputy Clerk) (Entered: 09/16/2003)
2003-09-1638ORDER granting [35-1] motion to extend time to file reply to The Corps' response to plaintiffs' motion for summary judgment on count I and responsfe to the corps' cross-motion for summary judgment on count II ( Signed by Judge James I. Cohn on 9/15/03) [EOD Date: 9/18/03] (dp, Deputy Clerk) (Entered: 09/18/2003)
2003-09-1739MOTION by Corps of Engineers for leave to file to file corrected answer (dp, Deputy Clerk) (Entered: 09/18/2003)
2003-09-1740CORRECTED ANSWER to Complaint by Corps of Engineers : amends [28-1] complaint answer; jury demand (dp, Deputy Clerk) (Entered: 09/18/2003)
2003-09-1941ORDER granting [39-1] motion for leave to file to file corrected answer ( Signed by Judge James I. Cohn on 9/18/03) [EOD Date: 9/19/03] (dp, Deputy Clerk) (Entered: 09/19/2003)
2003-10-0342REPLY by St. Andrews Park, Horizon Community to response to [22-1] motion for summary judgment(on count 1), memorandum of law in support and statement of material facts and response in opposition to the Corps' cross-motion for summary judgment (lh, Deputy Clerk) (Entered: 10/03/2003)
2003-10-0343NOTICE of filing Deposition Transcript of Valencia Towers in support of its motion for summary judgment on count I and in opposition to defendant's cross-motion for summary judgment by St. Andrews Park, Horizon Community (lh, Deputy Clerk) (Entered: 10/03/2003)
2003-10-0344AFFIDAVIT of Kent Safriet (lh, Deputy Clerk) (Entered: 10/03/2003)
2003-10-1745MOTION by St. Andrews Park, Horizon Community for Hearing on [27-1] motion to dismiss Count III of Second Amended Complaint (lh, Deputy Clerk) (Entered: 10/20/2003)
2003-10-2146ORDER Motion hearing before Judge James I. Cohn set for 10/24/03 3:30 for [34-2] motion, set for 3:30 10/24/03 for [27-1] motion to dismiss Count III of Second Amended Complaint, set for 3:30 10/24/03 for [22-1] motion for summary judgment(on count 1), memorandum of law in support and statement of material facts. ( Signed by Judge James I. Cohn on 10/21/03) [EOD Date: 10/22/03] (dp, Deputy Clerk) (Entered: 10/22/2003)
2003-10-2447Minutes of oral argument on motion for summary judgment held before Judge James I. Cohn on 10/24/03; Court Reporter Name or Tape #: LaRocca (dp, Deputy Clerk) (Entered: 10/27/2003)
2003-10-2848NOTICE OF FILING SUPPLEMENTAL AUTHORITY by Corps of Engineers re: [27-1] motion to dismiss Count III of Second Amended Complaint (dp, Deputy Clerk) (Entered: 10/29/2003)
2003-11-1249ORDER granting [22-1] motion for summary judgment(on count 1), memorandum of law in support and statement of material facts. denying [34-1] response for summary judgment, denying [34-2] motion ( Signed by Judge James I. Cohn on 11/12/03) [EOD Date: 11/13/03] (dp, Deputy Clerk) (Entered: 11/13/2003)
2003-11-1750SCHEDULING ORDER setting Deadline for filing of all motions by 2/2/04 Jury trial set for 9:00 4/5/04 Calendar call set for 1:30 4/1/04 Discovery cutoff 1/26/04; Mediation Cutoff , Joint Pretrial Stipulation & Motions in Limine 7 days prior to calendar call, Responses to Motions in Limine Calendar Call, Voir Dire Questions, Jury Instructions, Prposed Findings of Fact and Conclusions of Law & Exhibit/Witness List on first day of trial ( Signed by Judge James I. Cohn on 11/17/03) [EOD Date: 11/18/03] CCAP (dp, Deputy Clerk) (Entered: 11/18/2003)
2003-11-1750ORDER REFERRING DISCOVERY MATTERS to Magistrate Judge Frank J. Lynch ( Signed by Judge James I. Cohn on 11/17/03) CCAP [EOD Date: 11/18/03] (dp, Deputy Clerk) (Entered: 11/18/2003)
2003-11-1750ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge James I. Cohn on 11/17/03) [EOD Date: 11/18/03] (dp, Deputy Clerk) (Entered: 11/18/2003)
2003-12-0251Notice of compliance: by Corps of Engineers with [49-1] order (dp, Deputy Clerk) (Entered: 12/03/2003)
2003-12-0352NOTICE of selection of James B. Chaplin as Mediator by St. Andrews Park, Horizon Community, Corps of Engineers (dp, Deputy Clerk) (Entered: 12/04/2003)
2003-12-0853MOTION by St. Andrews Park, Horizon Community for attorney fees , and to Tax Costs (dp, Deputy Clerk) (Entered: 12/09/2003)
2003-12-1054MOTION with memorandum in support by St. Andrews Park to compel defendant to act on permit application (dp, Deputy Clerk) (Entered: 12/11/2003)
2003-12-1855RESPONSE by Corps of Engineers to [53-1] motion for attorney fees, [53-2] motion to Tax Costs (dp, Deputy Clerk) (Entered: 12/19/2003)
2003-12-1956AMENDED MOTION by St. Andrews Park, Horizon Community for attorney fees and costs referring to [53-1] motion for attorney fees, [53-2] motion to Tax Costs (dp, Deputy Clerk) (Entered: 12/19/2003)
2003-12-2457MOTION by St. Andrews Park, Horizon Community to extend time to respond to motion for attorney's fees (dp, Deputy Clerk) (Entered: 12/29/2003)
2003-12-3058RESPONSE by Corps of Engineers to [54-1] motion to compel defendant to act on permit application (dp, Deputy Clerk) (Entered: 01/02/2004)
2003-12-3159MOTION by St. Andrews Park, Horizon Community to extend time to file reply to opposition to St. Andrew's motion to compel (dp, Deputy Clerk) (Entered: 01/02/2004)
2004-01-0660REPLY by St. Andrews Park, Horizon Community to response to [53-1] motion for attorney fees, [53-2] motion to Tax Costs (dp, Deputy Clerk) (Entered: 01/06/2004)
2004-01-0961REPLY by St. Andrews Park to response to [54-1] motion to compel defendant to act on permit application (dp, Deputy Clerk) (Entered: 01/12/2004)
2004-01-1362ORDER granting nunc pro tunc [59-1] motion to extend time to file reply to opposition to St. Andrew's motion to compel ( Signed by Judge James I. Cohn on 1/13/04) [EOD Date: 1/14/04] (dp, Deputy Clerk) (Entered: 01/14/2004)
2004-01-1363ORDER granting nunc pro tunc [57-1] motion to extend time to respond to motion for attorney's fees ( Signed by Judge James I. Cohn on 1/13/04) [EOD Date: 1/14/04] (dp, Deputy Clerk) (Entered: 01/14/2004)
2004-01-2864ORDER denying [30-1] joint motion to stay Pltfs' motion for summary judgment on Count III pending determination of motion to dismiss and deny deft's motion to stay or strike pltfs' 2nd motion for summary judgment on Count I, denying [29-1] motion to stay proceedings, denying [29-2] motion to strike [22-1] motion for summary judgment(on count 1), memorandum of law in support and statement of material facts., granting [27-1] motion to dismiss Count III of Second Amended Complaint, denying [12-1] motion for summary judgment as to Count III ( Signed by Judge James I. Cohn on 1/27/04) [EOD Date: 1/29/04] (dg, Deputy Clerk) (Entered: 01/29/2004)
2004-01-3065RENEWED MOTION by Corps of Engineers for summary judgment on count II (ss, Deputy Clerk) (Entered: 02/02/2004)
2004-01-3066FILING of Updated Vaughn Index by Corps of Engineers in support of its [65-1] renewed motion for summary judgment on count II (ss, Deputy Clerk) (Entered: 02/02/2004)
2004-01-3067FILING of Declaration by Corps of Engineers in support of its: [65-1] renewed motion for summary judgment on count II (ss, Deputy Clerk) (Entered: 02/02/2004)
2004-02-1768RESPONSE by St. Andrews Park, Horizon Community in opposition to [65-1] motion for summary judgment on count II (lk, Deputy Clerk) (Entered: 02/18/2004)
2004-02-1969MOTION by St. Andrews Park, Horizon Community (Attorney ) for leave to take the deposition of defendant employee Tori White (lk, Deputy Clerk) (Entered: 02/20/2004)
2004-03-0870MEMORANDUM by Corps of Engineers in opposition to [69-1] motion for leave to take the deposition of defendant employee Tori White (lk, Deputy Clerk) (Entered: 03/09/2004)
2004-03-1571UNOPPOSED MOTION by Corps of Engineers (Attorney Steven R. Petri) to continue trial and mediation (lk, Deputy Clerk) (Entered: 03/16/2004)
2004-03-1672REPLY by St. Andrews Park, Horizon Community, United Management to response to [69-1] motion for leave to take the deposition of defendant employee Tori White (lk, Deputy Clerk) (Entered: 03/17/2004)
2004-03-2573NOTICE of Mediation Hearing on 3/26/04 at 9:30 Judith A. Bass added as mediator (lk, Deputy Clerk) (Entered: 03/26/2004)
2004-03-2574UNOPPOSED MOTION by Corps of Engineers to continue filing of pretrial stipulation (lk, Deputy Clerk) (Entered: 03/26/2004)
2004-03-2675JOINT PRETRIAL STIPULATION by St. Andrews Park, United Management, Horizon Community, Corps of Engineers (ss, Deputy Clerk) (Entered: 03/29/2004)
2004-03-3080FINAL report of Mediator. Disposition: Settled (lk, Deputy Clerk) (Entered: 04/12/2004)
2004-03-3176FINAL ORDER dismissing case with prejudice and All pending MOTIONS are DENIED AS MOOT. The Clerk of Court is directed to CLOSE this case; Denying [74-1] motion to continue filing of pretrial stipulation, denying [71-1] motion to continue trial and mediation, denying [69-1] motion for leave to take the deposition of defendant employee Tori White, denying [65-1] motion for summary judgment on count II, denying [56-1] motion for attorney fees and costs, denying [56-2] amended motion, denying [54-1] motion to compel defendant to act on permit application, denying [53-1] motion for attorney fees, denying [53-2] motion to Tax Costs ( Signed by Judge James I. Cohn on 3/31/04) [EOD Date: 3/31/04] (lk, Deputy Clerk) (Entered: 03/31/2004)
2004-03-31CASE CLOSED. Case and Motions no longer referred to Magistrate. (lk, Deputy Clerk) (Entered: 03/31/2004)
2004-03-3177STIPULATION of voluntary dismissal by St. Andrews Park, Horizon Community, Corps of Engineers, United Management (lk, Deputy Clerk) (Entered: 04/01/2004)
2004-03-3177NOTICE OF SETTLEMENT filed by St. Andrews Park, Horizon Community, James B. Chaplin, United Management (lk, Deputy Clerk) (Entered: 04/01/2004)
2004-03-3177MOTION by St. Andrews Park, Horizon Community, Corps of Engineers, United Management for order approving the settlement agreement (lk, Deputy Clerk) (Entered: 04/01/2004)
2004-03-3178ORDER granting [74-1] motion to continue filing of pretrial stipulation setting pretrial stipulation due for 3/26/04 (Signed by Judge James I. Cohn on 3/26/04) [EOD Date: 4/1/04] (lk, Deputy Clerk) (Entered: 04/01/2004)
2004-04-0179ORDER granting [77-1] motion for order approving the settlement agreement. All claims and motions are dismissed with prejudice. Each party shall bear their own costs and attorneys' fees. ( Signed by Judge James I. Cohn on 4/1/04) [EOD Date: 4/2/04] (lk, Deputy Clerk) (Entered: 04/02/2004)
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