Case: Jeffrey O. v. City of Boca Raton

9:03-cv-80178 | U.S. District Court for the Southern District of Florida

Filed Date: March 7, 2003

Closed Date: 2007

Clearinghouse coding complete

Case Summary

On March 7, 2003, a group of recovering alcoholics and drug addicts filed a lawsuit under the Fair Housing Act, the Americans with Disabilities Act, and 42 U.S.C. § 1983 against the City of Boca Raton in the United States District Court, Southern District of Florida. The plaintiffs, represented by private counsel, asked the court for declaratory, injunctive, and monetary relief, claiming that an ordinance enacted by the city unlawfully prohibited drug and alcohol recovery facilites from operat…

On March 7, 2003, a group of recovering alcoholics and drug addicts filed a lawsuit under the Fair Housing Act, the Americans with Disabilities Act,

and 42 U.S.C. § 1983 against the City of Boca Raton in the United States District Court, Southern District of Florida. The plaintiffs, represented by private counsel, asked the court for declaratory, injunctive, and monetary relief, claiming that an ordinance enacted by the city unlawfully prohibited drug and alcohol recovery facilites from operating within residentially zoned areas. Specifically, the plaintiffs claimed that they were direct targets of the ordinance which was passed in response to public outcry to remove the plaintiffs from residential neighborhoods.

On February 26, 2007, the court (Donald M. Middlebrooks) entered judgment in favor of the plaintiffs as to their Fair Housing Act claims. The plaintiffs were awarded nominal damages and the city was enjoined from enforcing section 2 of Ordinance 4649 and Section 28-2 as applied to recovering individuals.

After litigation over attorney fees and a failed appeal by the city, the case was closed.

Summary Authors

Gregory Pitt (7/31/2012)

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/5439197/parties/jeffrey-o-v-city-of-boca-raton/

Documents in the Clearinghouse

9:03-cv-80178

Docket

Jeffrey O v. City of Boca Raton

April 2, 2008

April 2, 2008

Docket
62

9:03-cv-80178

Motion to Dismiss Second Amended Complaint

Dec. 22, 2003

Dec. 22, 2003

Pleading / Motion / Brief
76

9:03-cv-80178

ORDER GRANTING IN PART DEFENDANT'S MOTION TO DISMISS SECOND AMENDED COMPLAINT

Feb. 23, 2004

Feb. 23, 2004

Order/Opinion
81

9:03-cv-80178

Third Amended Complaint

March 26, 2004

March 26, 2004

Complaint
109

9:03-cv-80178

CITY OF BOCA RATON' S MOTION FOR PARTIAL SUMMARY JUDGMENT

Sept. 18, 2006

Sept. 18, 2006

Pleading / Motion / Brief
111

9:03-cv-80178

CITY OF BOCA RATON'S MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT

Sept. 18, 2006

Sept. 18, 2006

Pleading / Motion / Brief
126

9:03-cv-80178

Order of Recusal

Nov. 1, 2006

Nov. 1, 2006

Order/Opinion
141

9:03-cv-80178

PLAINTIFFS’ MEMORANDUM OF LAW IN SUPPORT OF MOTION FOR PARTIAL SUMMARY JUDGMENT

Dec. 1, 2006

Dec. 1, 2006

Pleading / Motion / Brief
150

9:03-cv-80178

CITY OF BOCA RATON’S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFFS’ MOTION FOR PARTIAL SUMMARY JUDGMENT (AND IN FAVOR OF CITY’S CROSS-MOTION)

Dec. 20, 2006

Dec. 20, 2006

Pleading / Motion / Brief
200

9:03-cv-80178

ORDER ON PARTIES’ MOTIONS FOR SUMMARY JUDGMENT

Jan. 17, 2007

Jan. 17, 2007

Order/Opinion

511 F.Supp.2d 1328

Resources

Title Description External URL Date / External URL

ACLU of Florida Asks Court to Strike Down Ban on Residential Housing for Recovering Addicts

American Civil Liberties Union

This website offers background information on why the suit was filed. 2003

March 7, 2003

https://www.aclu.org/...

Docket

See docket on RECAP: https://www.courtlistener.com/docket/5439197/jeffrey-o-v-city-of-boca-raton/

Last updated March 24, 2026, 4:57 a.m.

ECF Number Date Description Link
1 March 7, 2003

COMPLAINT filed; FILING FEE $150.00 RECEIPT #717873; A-7 Magistrate Judge Linnea R. Johnson (at, Deputy Clerk) (Entered: 03/10/2003)

RECAP
2 March 7, 2003

SUMMONS() issued for City of Boca Raton (at, Deputy Clerk) (Entered: 03/10/2003)

RECAP
3 March 31, 2003

UNOPPOSED MOTION by City of Boca Raton to extend time to respond to complaint (at, Deputy Clerk) (Entered: 04/01/2003)

RECAP
4 April 4, 2003

ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO COMPLAINT granting [3-1] motion to extend time to respond to complaint set answer due for 4/23/03 for City of Boca Raton (Signed by Judge James C. Paine on 4/4/03) [EOD Date: 4/4/03] (at, Deputy Clerk) (Entered: 04/04/2003)

RECAP
5 April 23, 2003

MOTION with memorandum in support by City of Boca Raton to dismiss complaint (at, Deputy Clerk) (Entered: 04/24/2003)

RECAP
6 May 1, 2003

MOTION with memorandum in support by Jeffrey O, Michael Doe, Todd C, Doug B, William F, Steve L, Peter B, Regency Properties, Awakenings of Florid to extend time to respond to defendant's motion to dismiss (at, Deputy Clerk) (Entered: 05/02/2003)

RECAP
7 May 2, 2003

ORDER GRANTING PLAINTIFFS' MOTION FOR 10 DAY EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS granting [6-1] motion to extend time to respond to defendant's motion to dismiss Response to motion [5-1] motion to dismiss complaint Plaintiffs shall have an additional ten (10) days in which to respond (Signed by Judge James C. Paine on 5/2/03) [EOD Date: 5/5/03] (at, Deputy Clerk) (Entered: 05/05/2003)

RECAP
8 May 19, 2003

NOTICE of attorney appearance for Regency Properties, Awakenings of Florid by Randall Challen Berg Jr. (at, Deputy Clerk) (Entered: 05/19/2003)

RECAP
9 May 19, 2003

UNOPPOSED MOTION by Jeffrey O, Michael Doe, Todd C, Doug B, William F, Steve L, Peter B, Regency Properties, Awakenings of Florid to extend time to respond to motion to dismiss complaint (Former Deputy Clerk) (Entered: 05/20/2003)

RECAP
10 May 23, 2003

ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO MOTION TO DISMISS COMPLAINT granting [9-1] motion to extend time to respond to motion to dismiss complaint Response to motion reset to 5/27/03 for [5-1] motion to dismiss complaint (Signed by Judge James C. Paine on 5/23/03) [EOD Date: 5/27/03] (at, Deputy Clerk) (Entered: 05/27/2003)

RECAP
11 May 27, 2003

UNOPPOSED MOTION with memorandum in support by Jeffrey O, Michael Doe, Todd C, Doug B, William F, Steve L, Peter B, Regency Properties, Awakenings of Florid to extend time to respond to motion to dismiss (at, Deputy Clerk) (Entered: 05/28/2003)

RECAP
12 May 30, 2003

ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO MOTION TO DISMISS COMPLAINT granting [11-1] motion to extend time to respond to motion to dismiss Response to motion reset to 5/30/03 for [5-1] motion to dismiss complaint (Signed by Judge James C. Paine on 5/30/03) [EOD Date: 6/2/03] (at, Deputy Clerk) (Entered: 06/02/2003)

RECAP
13 June 6, 2003

MOTION with memorandum in support by Jeffrey O, Michael Doe, Todd C, Doug B, William F, Peter B to proceed anonymously (at, Deputy Clerk) (Entered: 06/06/2003)

RECAP
14 June 6, 2003

FIRST AMENDED COMPLAINT by Jeffrey O, Michael Doe, Todd C, Doug B, William F, Peter B, (Answer due 6/16/03 for City of Boca Raton) amending [1-1] complaint (at, Deputy Clerk) (Entered: 06/09/2003)

RECAP
15 June 13, 2003

Joint Scheduling Report of Scheduling Meeting by Jeffrey O, Michael Doe, Todd C, Doug B, William F, Peter B, Regency Properties, Awakenings of Florid, City of Boca Raton (at, Deputy Clerk) (Entered: 06/16/2003)

RECAP
16 June 20, 2003

UNOPPOSED MOTION by City of Boca Raton to extend time to respond to first amended complaint, and to proceed anonymously (at, Deputy Clerk) (Entered: 06/23/2003)

RECAP
17 June 27, 2003

Initial Disclosures Pursuant to Rule 26. FRCP by City of Boca Raton (at, Deputy Clerk) (Entered: 06/30/2003)

RECAP
18 July 8, 2003

ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND MOTION TO PROCEED ANONYMOUSLY granting [16-1] motion to extend time to respond to first amended complaint, granting [16-2] motion to proceed anonymously Response to motion reset to 7/15/03 for [13-1] motion to proceed anonymously (Signed by Judge James C. Paine on 7/7/03) [EOD Date: 7/9/03] (at, Deputy Clerk) (Entered: 07/09/2003)

RECAP
19 July 14, 2003

UNOPPOSED MOTION by City of Boca Raton to extend time to respond to amended complaint and to motion to proceed anonymously (at, Deputy Clerk) Modified on 07/15/2003 (Entered: 07/15/2003)

RECAP
20 July 16, 2003

ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO FIRST AMENDED COMPLAINT AND MOTION TO PROCEED ANONYMOUSLY granting [19-1] motion to extend time to respond to amended complaint and to motion to proceed anonymously set answer due for 7/29/03 for City of Boca Raton (Signed by Judge James C. Paine on 7/16/03) [EOD Date: 7/17/03] (at, Deputy Clerk) (Entered: 07/17/2003)

RECAP
21 July 29, 2003

MEMORANDUM by City of Boca Raton in opposition to [16-2] motion to proceed anonymously (Former Deputy Clerk) (Entered: 07/30/2003)

RECAP
22 July 29, 2003

MOTION with memorandum in support by City of Boca Raton to dismiss amended complaint (Former Deputy Clerk) (Entered: 07/30/2003)

RECAP
23 Aug. 1, 2003

NOTICE by Regency Properties to take deposition of Leif J. Ahnell 9/17/03 at 10:00 (tb, Deputy Clerk) (Entered: 08/04/2003)

RECAP
24 Aug. 1, 2003

NOTICE by Regency Properties to take deposition of Carmen Annunziato 9/10/03 at 10:00 (tb, Deputy Clerk) (Entered: 08/04/2003)

RECAP
25 Aug. 1, 2003

NOTICE by Regency Properties to take deposition of Jorge Camejo 9/11/03 at 10:00 (tb, Deputy Clerk) (Entered: 08/04/2003)

RECAP
26 Aug. 1, 2003

NOTICE by Regency Properties to take deposition of Ruby Childers 9/16/03 at 10:00 (tb, Deputy Clerk) (Entered: 08/04/2003)

RECAP
27 Aug. 1, 2003

NOTICE by Regency Properties to take deposition of Ruby Childers 9/16/03 at 10:00 (tb, Deputy Clerk) (Entered: 08/04/2003)

RECAP
28 Aug. 1, 2003

NOTICE by Regency Properties to take deposition of Carmen Annunziato 9/10/03 at 10:00 (tb, Deputy Clerk) (Entered: 08/04/2003)

RECAP
29 Aug. 1, 2003

NOTICE by Regency Properties to take deposition of Leif J. Ahnell 9/17/03 at 10:00 (tb, Deputy Clerk) (Entered: 08/04/2003)

RECAP
30 Aug. 1, 2003

NOTICE by Regency Properties to take deposition of Jorge Camejo 9/11/03 at 10:00 (tb, Deputy Clerk) (Entered: 08/04/2003)

RECAP
31 Aug. 5, 2003

MOTION by All Plaintiffs to extend time to respond to defendant's motion to dismiss first amended complaint (dg, Deputy Clerk) (Entered: 08/06/2003)

RECAP
32 Aug. 7, 2003

AGREED MOTION by All Plaintiffs to extend time to reply city's memorandum of law in opposition to motion to proceed anonymously (at, Deputy Clerk) (Entered: 08/08/2003)

RECAP
33 Aug. 18, 2003

ORDER GRANTING PLAINTIFFS' UNOPPOSED MOTION FOR EXTENSION granting [31-1] motion to extend time to respond to defendant's motion to dismiss first amended complaint Response to motion reset to 8/25/03 for [22-1] motion to dismiss amended complaint (Signed by Judge James C. Paine on 8/13/03) [EOD Date: 8/18/03] (at, Deputy Clerk) (Entered: 08/18/2003)

RECAP
34 Aug. 22, 2003

ORDER ON PLAINTIFFS' AGREED MOTION FOR EXTENSION OF TIME TO REPLY TO CITY'S MEMORANDUM OF LAW IN OPPOSITION TO PLAINTIFF RESIDENTS' MOTION TO PROCEED ANONYMOUSLY granting [32-1] motion to extend time to reply city's memorandum of law in opposition to motion to proceed anonymously Reply to Response to Motion reset to 8/25/03 for [13-1] motion to proceed anonymously (Signed by Judge James C. Paine on 8/20/03) [EOD Date: 8/25/03] (at, Deputy Clerk) (Entered: 08/25/2003)

RECAP
35 Aug. 25, 2003

RESPONSE by All Plaintiffs to [22-1] motion to dismiss amended complaint (at, Deputy Clerk) (Entered: 08/26/2003)

RECAP
36 Aug. 25, 2003

REPLY by All Plaintiffs to response to [13-1] motion to proceed anonymously (at, Deputy Clerk) (Entered: 08/26/2003)

RECAP
37 Sept. 2, 2003

RE-NOTICE by Regency Properties, Awakenings of Florid to take deposition of Carmen Annunziato on 9/10/03 at 10:00 (dg, Deputy Clerk) (Entered: 09/03/2003)

RECAP
38 Sept. 2, 2003

RE-NOTICE by Regency Properties, Awakenings of Florid to take deposition of Jorge Camejo on 9/11/03 at 10:00 (dg, Deputy Clerk) (Entered: 09/03/2003)

RECAP
39 Sept. 2, 2003

RE-NOTICE by Regency Properties, Awakenings of Florid to take deposition of Ruby Childers on 9/16/03 at 10:00 (dg, Deputy Clerk) (Entered: 09/03/2003)

RECAP
40 Sept. 2, 2003

RE-NOTICE by Regency Properties, Awakenings of Florid to take deposition of Lief J. Ahnell on 9/19/03 at 2:30 (dg, Deputy Clerk) (Entered: 09/03/2003)

RECAP
41 Sept. 11, 2003

UNOPPOSED MOTION by City of Boca Raton to extend time to serve reply to plaintiffs' response to motion to dismiss first amended complaint (at, Deputy Clerk) (Entered: 09/12/2003)

RECAP
42 Sept. 15, 2003

ORDER ON DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO SERVE REPLY TO PLAINTIFF'S RESPONSE TO MOTION TO DISMISS FIRST AMENDED COMPLAINT granting [41-1] motion to extend time to serve reply to plaintiffs' response to motion to dismiss first amended complaint Reply to Response to Motion reset to 9/26/03 for [22-1] motion to dismiss amended complaint (Signed by Judge James C. Paine on 9/12/03) [EOD Date: 9/16/03] (at, Deputy Clerk) (Entered: 09/16/2003)

RECAP
43 Sept. 26, 2003

REPLY by City of Boca Raton to response to [22-1] motion to dismiss amended complaint (at, Deputy Clerk) (Entered: 09/29/2003)

RECAP
44 Oct. 8, 2003

NOTICE of Unavailability by City of Boca Raton for dates of: 12/22/03 through 12/26/03 (at, Deputy Clerk) (Entered: 10/09/2003)

RECAP
45 Oct. 16, 2003

MOTION by Jeffrey O, Michael Doe, Todd C, Doug B, William F, Steve L, Peter B to compel answers or better answers to resident plaintiff's first set of interrogatories (at, Deputy Clerk) (Entered: 10/17/2003)

RECAP
47 Oct. 20, 2003

MEMORANDUM OF LAW by City of Boca Raton in opposition to [46-1] motion for protective order to appear at video depositions, [46-2] motion for entry of confidentiality order (at, Deputy Clerk) (Entered: 10/21/2003)

RECAP
46 Oct. 21, 2003

EMERGENCY MOTION with memorandum in support by Jeffrey O, Michael Doe, Todd C, Doug B, William F, Peter B for protective order to appear at video depositions, or in the alternative for entry of confidentiality order (at, Deputy Clerk) (Entered: 10/21/2003)

RECAP
48 Oct. 21, 2003

ORDER DENYING EMERGENCY MOTION FOR PROTECTIVE ORDER OR IN THE ALTERNATIVE MOTION FOR ENTRY OF CONFIDENTIALITY ORDER, AND DENYING PLAINTIFF RESIDENTS' MOTION TO PROCEED ANONYMOUSLY denying [13-1] motion to proceed anonymously, denying [46-1] motion for protective order to appear at video depositions, denying [46-2] motion for entry of confidentiality order (Signed by Judge James C. Paine on 10/20/03) [EOD Date: 10/22/03] (at, Deputy Clerk) (Entered: 10/22/2003)

RECAP
49 Oct. 31, 2003

NOTICE of droping the following plaintiffs: Peter B, and Jeffrey O, by All Plaintiffs (Former Deputy Clerk) (Entered: 10/31/2003)

RECAP
50 Nov. 3, 2003

UNOPPOSED MOTION by City of Boca Raton to extend time to respond to motion to compel answers or better answers to resident first set of interrogatories (at, Deputy Clerk) (Entered: 11/04/2003)

RECAP
51 Nov. 5, 2003

NOTICE OF DROPPING PARTY, the plaintiff Steve L. was dropped from the amended complaint by All Plaintiffs (kw, Deputy Clerk) (Entered: 11/06/2003)

RECAP
52 Nov. 7, 2003

ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO RESIDENT PLAINTIFFS' MOTION TO COMPEL ANSWERS OR BETTER ANSWERS TO RESIDENT PLAINTIFFS' FIRST SET OF INTERROGATORIES:ORDER granting [50-1] motion to extend time to respond to motion to compel answers or better answers to resident set of interrogatories Response to motion reset to for [45-1] motion to compel answers or better answers to resident plaintiff's first set of interrogatories (Signed by Judge James C. Paine on 11/7/03) [EOD Date: 11/10/03] (Former Deputy Clerk) (Entered: 11/10/2003)

RECAP
53 Nov. 13, 2003

NOTICE OF DROPPING PARTY Michael Doe and William F. as plaintiffs by All Plaintiffs (kw, Deputy Clerk) (Entered: 11/14/2003)

RECAP
54 Nov. 14, 2003

AMENDED COMPLAINT by Todd C, Doug B, Regency Properties, Awakenings of Florid, (Answer due 11/24/03 for City of Boca Raton ) amending [14-1] amended complaint adding Bobby Hoover (kw, Deputy Clerk) (Entered: 11/14/2003)

RECAP
55 Nov. 17, 2003

MEMORANDUM OF LAW by City of Boca Raton in opposition to [45-1] motion to compel answers or better answers to resident plaintiff's first set of interrogatories (at, Deputy Clerk) (Entered: 11/19/2003)

RECAP
56 Nov. 18, 2003

AGREED MOTION with memorandum in support by All Plaintiffs for leave to file second amended complaint (at, Deputy Clerk) (Entered: 11/19/2003)

RECAP
57 Nov. 19, 2003

ORDER GRANTING LEAVE TO FILE SECOND AMENDED COMPLAINT granting [56-1] motion for leave to file second amended complaint (Signed by Judge James C. Paine on 11/19/03) [EOD Date: 11/20/03] (at, Deputy Clerk) (Entered: 11/20/2003)

RECAP
58 Nov. 19, 2003

SECOND AMENDED COMPLAINT by Bobby Hoover, Todd C, Doug B, Regency Properties, Awakenings of Florid, (Answer due 12/1/03 for City of Boca Raton) amending [54-1] amended complaint (at, Deputy Clerk) (Entered: 11/21/2003)

RECAP
59 Dec. 1, 2003

REPLY by Bobby Hoover, Todd C, Doug B to response to [45-1] motion to compel answers or better answers to resident plaintiff's first set of interrogatories (at, Deputy Clerk) (Entered: 12/02/2003)

RECAP
60 Dec. 9, 2003

ORDER OF REFERENCE Referring Motion(s) [45-1] motion to compel answers or better answers to resident plaintiff's first set of interrogatories referred to Magistrate Judge Linnea R. Johnson (signed by Judge James C. Paine on 12/8/03) [EOD Date: 12/10/03] (at, Deputy Clerk) (Entered: 12/10/2003)

RECAP
61 Dec. 17, 2003

ORDER granting in part, denying in part [45-1] motion to compel answers or better answers to resident plaintiff's first set of interrogatories (Signed by Magistrate Judge Linnea R. Johnson on 12/17/03) [EOD Date: 12/18/03] (at, Deputy Clerk) (Entered: 12/18/2003)

RECAP
62 Dec. 19, 2003

MOTION with memorandum in support by City of Boca Raton to dismiss Second Amended Complaint (at, Deputy Clerk) (Entered: 12/22/2003)

RECAP
63 Jan. 7, 2004

MOTION by Regency Properties, Awakenings of Florid to extend time to respond to defendant's motion to dismiss (at, Deputy Clerk) (Entered: 01/08/2004)

RECAP
64 Jan. 9, 2004

UNOPPOSED MOTION by Regency Properties, Awakenings of Florid to extend time to respond to motion to dismiss (wc, Deputy Clerk) (Entered: 01/12/2004)

RECAP
65 Jan. 12, 2004

ORDER GRANTING PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS granting [63-1] motion to extend time to respond to defendant's motion to dismiss Response to motion reset to 1/9/04 for [62-1] motion to dismiss Second Amended Complaint (Signed by Judge James C. Paine on 1/12/04) [EOD Date: 1/13/04] (at, Deputy Clerk) (Entered: 01/13/2004)

RECAP
66 Jan. 12, 2004

AMENDED UNOPPOSED MOTION by Regency Properties, Awakenings of Florid, Todd C, Doug B to extend time to respond to defendant's motion to dismiss (at, Deputy Clerk) (Entered: 01/13/2004)

RECAP
67 Jan. 14, 2004

ORDER GRANTING PLAINTIFFS' AMENDED UNOPPOSED MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS granting [66-1] motion to extend time to respond to defendant's motion to dismiss, granting [64-1] motion to extend time to respond to motion to dismiss Response to motion reset to 1/16/04 for [62-1] motion to dismiss Second Amended Complaint (Signed by Judge James C. Paine on 1/14/04) [EOD Date: 1/15/04] (at, Deputy Clerk) (Entered: 01/15/2004)

RECAP
68 Jan. 14, 2004

Supplemental Rule 26 Disclosures by Todd C, Doug B, Regency Properties, Bobby Hoover, Awakenings of Florid (at, Deputy Clerk) (Entered: 01/15/2004)

RECAP
69 Jan. 14, 2004

ORDER GRANTING PLAINTIFFS' MOTION FOR EXTENSION OF TIME TO RESPOND TO DEFENDANT'S MOTION TO DISMISS granting [66-1] motion to extend time to respond to defendant's motion to dismiss. The plaintiffs shall have up to and including 1/16/04 within which to respond to the motion to dismiss. (Signed by Judge James C. Paine on 1/14/04) [EOD Date: 1/15/04] (at, Deputy Clerk) (Entered: 01/15/2004)

RECAP
70 Jan. 20, 2004

RESPONSE by All Plaintiffs to [62-1] motion to dismiss Second Amended Complaint (at, Deputy Clerk) (Entered: 01/21/2004)

RECAP
71 Jan. 20, 2004

NOTICE of Mediation Hearing on 1/22/04 at 10:00 a.m. Perry S. Itkin added as mediator (at, Deputy Clerk) (Entered: 01/21/2004)

RECAP
72 Jan. 21, 2004

ORDER DENYING PREVIOUS MOTIONS TO DISMISS AS MOOT denying [22-1] motion to dismiss amended complaint, denying [5-1] motion to dismiss complaint (Signed by Judge James C. Paine on 1/20/04) [EOD Date: 1/21/04] (at, Deputy Clerk) (Entered: 01/21/2004)

RECAP
73 Jan. 27, 2004

UNOPPOSED MOTION by City of Boca Raton to extend time to file reply to plaintiff's response to motion to dismiss second amended complaint (at, Deputy Clerk) (Entered: 01/27/2004)

RECAP
74 Jan. 29, 2004

ORDER ON DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE REPLY TO PLAINTIFFS' RESPONSE TO MOTION TO DISMISS SECOND AMENDED COMPLAINT granting [73-1] motion to extend time to file reply to plaintiff's response to motion to dismiss second amended complaint Reply to Response to Motion reset to 2/3/04 for [62-1] motion to dismiss Second Amended Complaint (Signed by Judge James C. Paine on 1/29/04) [EOD Date: 1/29/04] (at, Deputy Clerk) (Entered: 01/29/2004)

RECAP
75 Feb. 3, 2004

REPLY by City of Boca Raton to response to [62-1] motion to dismiss Second Amended Complaint (at, Deputy Clerk) (Entered: 02/04/2004)

RECAP
76 Feb. 20, 2004

ORDER GRANTING IN PART DEFENDANT'S MOTION TO DISMISS SECOND AMENDED COMPLAINT granting in part, denying in part [62-1] motion to dismiss Second Amended Complaint. Plaintiffs shall provide a MORE DEFINITE STATEMENT as to Counts I and II within fifteen (15) days of the date of this order. (Signed by Judge James C. Paine on 2/20/04) [EOD Date: 2/23/04] (at, Deputy Clerk) (Entered: 02/23/2004)

RECAP
77 March 1, 2004

UNOPPOSED MOTION by City of Boca Raton (Attorney ) to extend time to file response to plaintiff's interrogatories (at, Deputy Clerk) (Entered: 03/02/2004)

RECAP
78 March 2, 2004

ORDER ON DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE RESPONSE TO RESIDENT PLAINTIFFS' INTERROGATORIES granting [77-1] motion to extend time to file response to plaintiff's interrogatories (Signed by Judge James C. Paine on 3/2/04) [EOD Date: 3/2/04] (at, Deputy Clerk) (Entered: 03/02/2004)

RECAP
79 March 3, 2004

MOTION by All Plaintiffs to extend time to file third amended complaint (kw, Deputy Clerk) (Entered: 03/04/2004)

RECAP
80 March 4, 2004

ORDER ON PLAINTIFFS' UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO FILE THIRD AMENDED COMPLAINT granting [79-1] motion to extend time to file third amended complaint. The plaintiffs shall serve their third amended complaint on or before 3/26/04. (Signed by Judge James C. Paine on 3/4/04) [EOD Date: 3/5/04] (at, Deputy Clerk) (Entered: 03/05/2004)

RECAP
81 March 26, 2004

THIRD AMENDED COMPLAINT by Bobby Hoover, Todd C, Doug B, Regency Properties, Awakenings of Florid, (Answer due 4/5/04 for City of Boca Raton ) amending [58-1] amended complaint (at, Deputy Clerk) (Entered: 03/29/2004)

RECAP
82 March 29, 2004

AMENDMENT by All Plaintiffs to: certificate of service to docket [81-1] amended complaint filed 3/26/04 (Former Deputy Clerk) (Entered: 03/29/2004)

RECAP
83 April 12, 2004

UNOPPOSED MOTION by City of Boca Raton to extend time to respond to third amended complaint (at, Deputy Clerk) (Entered: 04/14/2004)

RECAP
84 April 15, 2004

ORDER GRANTING DEFENDANT'S UNOPPOSED MOTION FOR ENLARGEMENT OF TIME TO RESPOND TO THIRD AMENDED COMPLAINT granting [83-1] motion to extend time to respond to third amended complaint. The defendant shall serve its response on or before 5/14/04. (Signed by Judge James C. Paine on 4/15/04) [EOD Date: 4/16/04] (at, Deputy Clerk) (Entered: 04/16/2004)

RECAP
85 May 17, 2004

Answer and affirmative defenses by City of Boca Raton (Former Deputy Clerk) (Entered: 05/19/2004)

RECAP
86 Aug. 2, 2004

NOTICE of dropping party by Regency Properties, Awakenings of Florida, hereby drop Richard Cohen as a plaintiff (cj, Deputy Clerk) (Entered: 08/04/2004)

RECAP
87 Nov. 8, 2004

SCHEDULING ORDER setting Bench trial set for 9:30 5/16/05 Calendar call set for 1:30 5/5/05 Pretrial Stipulation due on or before 5/2/05 Deadline for filing of all pretrial motions by 3/16/05 Discovery cutoff 3/1/05 ; ( Signed by Judge James Paine on 11/8/04) [EOD Date: 11/15/04] CCAP (lh, Deputy Clerk) (Entered: 11/15/2004)

RECAP
88 Nov. 8, 2004

ORDER referring case to mediation. 15 days to appoint mediator ( Signed by Judge James C. Paine on 11/8/04) [EOD Date: 11/15/04] (lh, Deputy Clerk) (Entered: 11/15/2004)

RECAP
89 Nov. 22, 2004

NOTICE of selection of Perry Itkin as Mediator by Todd C, Doug B, Regency Properties, Awakenings of Florid, City of Boca Raton, Bobby Hoover (ck, Deputy Clerk) (Entered: 11/29/2004)

RECAP
90 Jan. 6, 2005

JOINT MOTION by City of Boca Raton, All Plaintiffs to modify scheduling order (cj, Deputy Clerk) Modified on 01/24/2005 (Entered: 01/07/2005)

RECAP
91 Jan. 18, 2005

NOTICE of Change of Address of attorney by Awakenings of Florid, City of Boca Raton (cj, Deputy Clerk) (Entered: 01/20/2005)

RECAP
92 Jan. 20, 2005

ORDER GRANTING CONTINUNACE OF TRIAL: ORDER granting [90-1] joint motion to modify scheduling order ( Signed by Judge James C. Paine on 1/20/05) [EOD Date: 1/24/05] (Former Deputy Clerk) (Entered: 01/24/2005)

RECAP
93 June 1, 2005

NOTICE of attorney appearance for Jeffrey O, Michael Doe, William F, Peter B, Regency Properties, Awakenings of Florid by William King Hill (Former Deputy Clerk) (Entered: 06/01/2005)

RECAP
94 June 3, 2005

MOTION by Regency Properties, Awakenings of Florid (Attorney for Law firm of Steel Hector and Davis and Florida Justice Institute, Inc. to withdraw as attorney (lk, Deputy Clerk) (Entered: 06/03/2005)

RECAP
95 June 9, 2005

ORDER GRANING MOTION TO WITHDRAW AS COUNSEL FOR PLAINTIFF'S REGENCY PROPERTIES AND AWAKENINGS: ORDER granting [94-1] motion for Law firm of Steel Hector and Davis and Florida Justice Institute, Inc. to withdraw attorney ( Signed by Judge James C. Paine on 6/8/05) [EOD Date: 6/9/05] (Former Deputy Clerk) (Entered: 06/09/2005)

RECAP
96 July 18, 2006

NOTICE of Change of Address of Attorney by City of Boca Raton (Former Deputy Clerk) (Entered: 07/20/2006)

RECAP
97 July 21, 2006

MOTION by All Plaintiffs (Attorney ) for status conference (dg, Deputy Clerk) (Entered: 08/07/2006)

RECAP
98 Aug. 16, 2006

ORDER REDIRECTING PRETRIAL PROCEDURES AND MANDATING MEDIATION AND REFERRING STATUS CONFERENCE ON SETTLEMENT NEGATIATIONS( Signed by Judge James C. Paine on 8/16/06) [EOD Date: 8/17/06] (rb, Deputy Clerk) (Entered: 08/17/2006)

RECAP
99 Aug. 31, 2006

UNOPPOSED MOTION by City of Boca Raton (Attorney ) to amend [98-1] order (Former Deputy Clerk) (Entered: 09/05/2006)

RECAP
100 Sept. 8, 2006

NOTICE of selection of Perry S. Itkin as Mediator by Awakenings of Florid, Regency Properties (rb, Deputy Clerk) (Entered: 09/11/2006)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Fair Housing/Lending/Insurance

Special Collection(s):

Multi-LexSum (in sample)

Key Dates

Filing Date: March 7, 2003

Closing Date: 2007

Case Ongoing: No

Plaintiffs

Plaintiff Description:

Residents of drug and alcohol treatment facility

Plaintiff Type(s):

Private Plaintiff

Public Interest Lawyer: No

Filed Pro Se: No

Class Action Sought: No

Class Action Outcome: Not sought

Defendants

City

City of Boca Raton

Case Details

Causes of Action:

42 U.S.C. § 1983

Americans with Disabilities Act (ADA), 42 U.S.C. §§ 12111 et seq.

Fair Housing Act/Fair Housing Amendments Act (FHAA), 42 U.S.C. §§ 3601 et seq.

Constitutional Clause(s):

Equal Protection

Other Dockets:

Southern District of Florida 9:03-cv-80178

Available Documents:

Any published opinion

Complaint (any)

Injunctive (or Injunctive-like) Relief

Monetary Relief

Trial Court Docket

Outcome

Prevailing Party: Plaintiff OR Mixed

Relief Granted:

Damages

Injunction / Injunctive-like Settlement

Source of Relief:

Litigation

Amount Defendant Pays: Nominal damages

Issues

General/Misc.:

Housing

Discrimination Area:

Zoning

Discrimination Basis:

Disability (inc. reasonable accommodations)

Recommended Citation