Case: Advocacy Center v. Sellers

2:98-cv-00144 | U.S. District Court for the Middle District of Florida

Filed Date: April 13, 1998

Clearinghouse coding in progress

Case Summary

A case summary is not yet available via the Clearinghouse.

People

For PACER's information on parties and their attorneys, see: https://www.courtlistener.com/docket/13811200/parties/advocacy-center-v-sellers/


Judge(s)
Attorney for Plaintiff

Basford, Wayne Hampton (Florida)

Grissom, Hubert A. (Florida)

Nimkoff, Peter Llewelyn (Florida)

Attorney for Defendant

Daniel, Stephanie A. (Florida)

Expert/Monitor/Master/Other

Cook, Martha J. (Florida)

Documents in the Clearinghouse

No documents yet available via the Clearinghouse.

Docket

See docket on RECAP: https://www.courtlistener.com/docket/13811200/advocacy-center-v-sellers/

Last updated March 29, 2026, 4:32 a.m.

ECF Number Date Description Link
1 April 13, 1998

COMPLAINT filed (aa) (Entered: 04/15/1998)

RECAP
April 13, 1998

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: George T. Swartz (aa)

April 13, 1998

FILING FEE PAID. (Filing Fee $ 150.00 Receipt # 49098) (aa)

2 April 15, 1998

COURT'S NOTICE of certain deadlines (aa) (Entered: 04/15/1998)

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3 April 15, 1998

NOTICE of designation under Local Rule 3.05 - TRACK 2. (ctc) (aa) (Entered: 04/15/1998)

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4 May 21, 1998

MOTION by Myers Kurtz, Frances Gibbons, Edward A. Feaver with memorandum in support to extend time to respond to the complaint (aa) (Entered: 05/22/1998)

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May 21, 1998

ENDORSED ORDER granting [4-1] motion to extend time to respond to the complaint, setting answer due for 6/3/98 for Edward A. Feaver, for Frances Gibbons, for Myers Kurtz (Signed by Judge Susan C. Bucklew) ctc (aa)

5 June 4, 1998

MOTION by Myers Kurtz, Frances Gibbons, Edward A. Feaver to dismiss (aa) (Entered: 06/05/1998)

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6 June 4, 1998

MEMORANDUM by Myers Kurtz, Frances Gibbons, Edward A. Feaver in support of [5-1] motion to dismiss (aa) (Entered: 06/05/1998)

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7 June 4, 1998

MOTION by Myers Kurtz, Frances Gibbons, Edward A. Feaver with memorandum in support for judicial notice (aa) (Entered: 06/05/1998)

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8 June 8, 1998

CERTIFICATE OF SERVICE of [3-1] track 2 notice by Advocacy Center (aa) (Entered: 06/09/1998)

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9 June 16, 1998

MEMORANDUM by Advocacy Center in opposition to [5-1] motion to dismiss (aa) (Entered: 06/18/1998)

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10 June 25, 1998

MOTION by Myers Kurtz, Frances Gibbons, Edward A. Feaver with memorandum in support for leave to file reply to plaintiffs' response to defendants' motion to dismiss complaint (aa) (Entered: 06/25/1998)

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11 July 8, 1998

MOTION by Advocacy Center for leave to file memorandum in response to defendants' reply to plaintiff's response to defendants' motion to dismiss complaint (aa) (Entered: 07/08/1998)

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12 July 20, 1998

ORDER granting [10-1] motion for leave to file reply to plaintiffs' response to defendants' motion to dismiss complaint, granting [11-1] motion for leave to file memorandum in response to defendants' reply to plaintiff's response to defendants' motion to dismiss complaint ( Signed by Judge Susan C. Bucklew ) ctc (aa) (Entered: 07/20/1998)

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13 July 20, 1998

REPLY by Myers Kurtz, Frances Gibbons, Edward A. Feaver to response to [5-1] motion to dismiss (aa) (Entered: 07/20/1998)

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14 July 20, 1998

REPLY by Advocacy Center to response to [5-1] motion to dismiss (aa) (Entered: 07/20/1998)

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15 July 30, 1998

MOTION by Myers Kurtz, Frances Gibbons, Edward A. Feaver for protective order staying discovery and pre-discovery disclosures, pending ruling on defendants' motion to dismiss referred to Magistrate Judge George T. Swartz (aa) (Entered: 07/30/1998)

RECAP
16 Aug. 5, 1998

CASE MANAGEMENT REPORT. (aa) (Entered: 08/06/1998)

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17 Aug. 11, 1998

MEMORANDUM by Advocacy Center in opposition to [15-1] motion for protective order staying discovery and pre-discovery disclosures, pending ruling on defendants' motion to dismiss (aa) (Entered: 08/11/1998)

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18 Aug. 28, 1998

ORDER denying [15-1] motion for protective order staying discovery and pre-discovery disclosures, pending ruling on defendants' motion to dismiss (Signed by Magistrate Judge George T. Swartz) ctc (aa) (Entered: 08/31/1998)

RECAP
19 Sept. 1, 1998

CASE MANAGEMENT AND SCHEDULING ORDER setting Pretrial conference for 10:30 6/16/99; Scheduled for Magistrate Judge George T. Swartz (signed by Judge Susan C. Bucklew) ctc (aa) (Entered: 09/02/1998)

RECAP
20 Sept. 9, 1998

MOTION by Myers Kurtz, Frances Gibbons, Edward A. Feaver with memorandum in support for reconsideration of [18-1] order denying defendants' motion for protective order (aa) Modified on 01/28/1999 (Entered: 09/10/1998)

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21 Sept. 16, 1998

MOTION by Advocacy Center with memorandum in support to compel disclosures, to compel defendants' cooperation in discovery planning, for sanctions referred to Magistrate Judge George T. Swartz (aa) (Entered: 09/17/1998)

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22 Sept. 28, 1998

RESPONSE by Advocacy Center to [20-1] response object (aa) (Entered: 09/29/1998)

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23 Oct. 1, 1998

RESPONSE by Myers Kurtz, Frances Gibbons, Edward A. Feaver to [21-1] motion to compel disclosures, [21-2] motion to compel defendants' cooperation in discovery planning, [21-3] motion for sanctions (aa) (Entered: 10/01/1998)

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24 Oct. 14, 1998

ORDER granting [21-1] motion to compel disclosures, granting [21-2] motion to compel defendants' cooperation in discovery planning, denying [21-3] motion for sanctions ( Signed by Magistrate Judge George T. Swartz ) ctc (aa) (Entered: 10/14/1998)

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25 Dec. 15, 1998

MOTION by Advocacy Center with memorandum in support for sanctions referred to Magistrate Judge George T. Swartz (aa) (Entered: 12/15/1998)

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26 Dec. 15, 1998

MOTION by Advocacy Center with memorandum in support to compel answer to plaintiff's first interrogatories to defendant Frances Gibbons, and for sanctions referred to Magistrate Judge George T. Swartz (aa) (Entered: 12/15/1998)

RECAP
27 Dec. 15, 1998

MOTION by Advocacy Center with memorandum in support to compel answer to plaintiff's first interrogatories to defendant Edward Feaver, for sanctions referred to Magistrate Judge George T. Swartz (aa) (Entered: 12/15/1998)

RECAP
28 Dec. 28, 1998

MOTION by Myers Kurtz, Frances Gibbons, Edward A. Feaver with memorandum in support for protective order, to extend time to complete discovery referred to Magistrate Judge George T. Swartz (bjt) (Entered: 12/28/1998)

RECAP
29 Dec. 29, 1998

ORDER granting [28-1] motion for protective order, granting [28-2] motion to extend time to complete discovery ( Signed by Magistrate Judge George T. Swartz ) ctc (lap) (Entered: 12/29/1998)

RECAP
30 Dec. 29, 1998

RESPONSE by Advocacy Center to [28-1] motion for protective order (bjt) (Entered: 12/29/1998)

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31 Jan. 4, 1999

RESPONSE by Myers Kurtz in opposition to [26-2] motion for sanctions, [25-1] motion to compel answers to plaintiff's first interrogatories to defendant Myers Kurtz (aa) (Entered: 01/04/1999)

RECAP
32 Jan. 4, 1999

RESPONSE by Frances Gibbons in opposition to [26-1] motion to compel answer to plaintiff's first interrogatories to defendant Frances Gibbons, [25-1] motion for sanctions (aa) (Entered: 01/04/1999)

RECAP
33 Jan. 4, 1999

RESPONSE by Edward A. Feaver in opposition to [27-1] motion to compel answer to plaintiff's first interrogatories to defendant Edward Feaver, [27-2] motion for sanctions (aa) (Entered: 01/04/1999)

RECAP
34 Feb. 1, 1999

MOTION by Advocacy Center with memorandum in support for leave to file memorandum in excess of 20 pages (aa) (Entered: 02/01/1999)

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35 Feb. 1, 1999

MOTION by Myers Kurtz, Edward A. Feaver with memorandum in support to extend time to file dispositive cross-motion for summary judgment (aa) (Entered: 02/01/1999)

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36 Feb. 8, 1999

NOTICE of automatic substitution of public officer defendants by Advocacy Center (aa) (Entered: 02/09/1999)

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37 Feb. 8, 1999

Amended [34-1] motion for leave to file memorandum in excess of 20 pages [amended] for leave to file memorandum in excess of 20 pages by Advocacy Center (aa) (Entered: 02/09/1999)

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38 Feb. 8, 1999

CROSS MOTION by Myers Kurtz, Frances Gibbons, Edward A. Feaver for summary judgment (aa) (Entered: 02/09/1999)

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39 Feb. 8, 1999

MEMORANDUM by Myers Kurtz, Frances Gibbons, Edward A. Feaver in support of [38-1] cross motion for summary judgment (aa) (Entered: 02/09/1999)

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40 Feb. 8, 1999

Notice of filing exhibits by Myers Kurtz, Frances Gibbons, Edward A. Feaver in support to [38-1] cross motion for summary judgment (aa) (Entered: 02/09/1999)

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41 Feb. 19, 1999

RESPONSE by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney in opposition to (Plaintiff's Motion for Summary Judgment, which is not docketed due to denial of motion [37-1] amended motion [amended] for leave to file memorandum in excess of 20 pages) (aa) (Entered: 02/25/1999)

RECAP
42 Feb. 24, 1999

NOTICE of filing original declarations in support of cross motion for summary judgment by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney (aa) (Entered: 02/25/1999)

RECAP
43 Feb. 25, 1999

ORDER denying [5-1] motion to dismiss, granting [7-1] motion for judicial notice (Signed by Judge Susan C. Bucklew) ctc (aa) (Entered: 02/25/1999)

RECAP
44 Feb. 25, 1999

MEMORANDUM by Advocacy Center in opposition to [38-1] cross motion for summary judgment (aa) (Entered: 02/25/1999)

RECAP
Feb. 25, 1999

ENDORSED ORDER denying [34-1] motion for leave to file memorandum in excess of 20 pages (Signed by Judge Susan C. Bucklew) ctc (aa)

Feb. 25, 1999

ENDORSED ORDER denying [37-1] amended motion [amended] for leave to file memorandum in excess of 20 pages ( Signed by Judge Susan C. Bucklew ) ctc (aa)

45 March 8, 1999

ORDER dismissing [20-1] motion for reconsideration of [18-1] order denying defendants' motion for protective order (Signed by Judge Susan C. Bucklew) ctc (aa) (Entered: 03/08/1999)

RECAP
46 March 17, 1999

ORDER granting [25-1] motion to compel answers to plaintiff's first interrogatories to defendant Myers Kurtz, granting [26-1] motion to compel answer to plaintiff's first interrogatories to defendant Frances Gibbons, granting [27-1] motion to compel answer to plaintiff's first interrogatories to defendant Edward Feaver denying [27-2] motion for sanctions, denying [25-1] motion for sanctions, denying [26-2] motion for sanctions ( Signed by Magistrate Judge George T. Swartz ) ctc (aa) (Entered: 03/18/1999)

RECAP
47 March 31, 1999

ANSWER and affirmative defenses to Complaint by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney (sll) (Entered: 04/01/1999)

RECAP
48 April 13, 1999

ORDER referring case to mediation. Conduct hearing by 5/21/99 (Signed by Judge Susan C. Bucklew) Lead counsel to coordinate dates. ctc (aa) (Entered: 04/13/1999)

RECAP
49 May 10, 1999

Lead mediation counsel's report of setting mediation conference by Advocacy Center (aa) (Entered: 05/10/1999)

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50 May 11, 1999

ORDER appointing Martha J. Cook as mediator in this action. ( Signed by Judge Susan C. Bucklew ) ctc (aa) (Entered: 05/11/1999)

RECAP
51 May 19, 1999

NOTICE of Hearing: resetting mediation conference for 8:00 5/21/99 ctc (aa) (Entered: 05/19/1999)

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52 May 25, 1999

AGREED MOTION by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney with memorandum in support to extend time complete court-ordered mediation (aa) (Entered: 05/25/1999)

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53 May 28, 1999

NOTICE of attorney appearance for Advocacy Center by Gordon B. Scott (aa) (Entered: 06/02/1999)

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54 May 28, 1999

NOTICE of Hearing: resetting mediation conference for 8:30 6/2/99 ctc (aa) (Entered: 06/02/1999)

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55 June 3, 1999

MOTION by Advocacy Center for Wayne Hampton Basford to withdraw as attorney (aa) (Entered: 06/04/1999)

RECAP
June 8, 1999

ENDORSED ORDER granting [52-1] motion to extend time complete court-ordered mediation ( Signed by Judge Susan C. Bucklew ) ctc (aa)

56 June 9, 1999

NOTICE of supplemental authority by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney (aa) (Entered: 06/10/1999)

RECAP
57 June 11, 1999

ORDER granting in part, denying in part [38-1] cross motion for summary judgment. (see order for further detail) (Signed by Judge Susan C. Bucklew ) ctc (aa) (Entered: 06/11/1999)

RECAP
June 11, 1999

ENDORSED ORDER granting [55-1] motion for Wayne Hampton Basford to withdraw as attorney (Terminated attorney Wayne Hampton Basford for Advocacy Center ( Signed by Judge Susan C. Bucklew ) ctc (aa)

58 June 21, 1999

NOTICE OF INTERLOCUTORY APPEAL of [57-1] order by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney Fee Status: paid Receipt: 50637 Certificate of Readiness due on 7/6/99 (aa) (Entered: 06/22/1999)

RECAP
59 June 21, 1999

MEDIATION REPORT. Mediation Hearing Held: 6/2/99. Martha J. Cook, Mediator. Hearing Outcome: Impasse (aa) (Entered: 06/22/1999)

RECAP
June 22, 1999

**CLEARED mediation flag. (aa)

60 June 23, 1999

MOTION by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney to stay order pending appeal (aa) (Entered: 06/24/1999)

RECAP
June 23, 1999

Certified copies of notice of appeal, judgment/order under appeal, and docket transmitted to USCA: [58-1] appeal ctc (aa)

61 June 25, 1999

MOTION by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney to extend time comply with 6/10/99, order, pending ruling on defendants' motion to stay (aa) (Entered: 06/25/1999)

RECAP
62 June 25, 1999

Certificate of concerning with counsel on defendants' motion to stay by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney (aa) (Entered: 06/25/1999)

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63 July 2, 1999

MOTION by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney with memorandum in support to stay order on cross-motion for summary judgment (kma) (Entered: 07/02/1999)

RECAP
July 2, 1999

NOTICE assigning 11th Circuit case number re: [58-1] appeal USCA NUMBER: 99-11914-J (kma)

64 July 6, 1999

RESPONSE by Advocacy Center in opposition to [63-1] motion to stay order on cross-motion for summary judgment (kma) (Entered: 07/06/1999)

RECAP
65 July 6, 1999

ORDER granting [61-1] motion to extend time comply with 6/10/99, order, pending ruling on defendants' motion to stay ( Signed by Judge Susan C. Bucklew ) ctc (kma) (Entered: 07/06/1999)

RECAP
66 July 15, 1999

NOTICE of filing declaration in support of defendants' motion to stay by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney (aa) (Entered: 07/15/1999)

RECAP
67 July 15, 1999

AFFIDAVIT of David Caldwell by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney Re: [63-1] motion to stay order on cross-motion for summary judgment (aa) (Entered: 07/15/1999)

RECAP
68 July 19, 1999

NO transcript requested [58-1] appeal Appeal Information Sheet filed. USCA #99-11914-J (kma) (Entered: 07/19/1999)

RECAP
69 July 22, 1999

MOTION by Advocacy Center with memorandum in support to strike [66-1] notice of filing declaration in support of defendants' motion to stay (aa) (Entered: 07/22/1999)

RECAP
70 July 23, 1999

NOTICE of filing declaration in support of defendants' motion for stay by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney (aa) (Entered: 07/23/1999)

RECAP
71 July 28, 1999

MOTION by Advocacy Center with memorandum in support to strike [70-1] notice of filing declaration of Lynda Sommers in support of defendants' motion for stay (aa) (Entered: 07/28/1999)

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72 Aug. 5, 1999

RESPONSE by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney in opposition to [71-1] motion to strike [70-1] notice of filing declaration of Lynda Sommers in support of defendants' motion for stay (aa) (Entered: 08/06/1999)

RECAP
73 Aug. 11, 1999

NOTICE of Hearing: motion hearing set for 9:00 a.m. on 8/17/99 for [60-1] motion to stay order pending appeal scheduled for Judge Susan C. Bucklew ctc (ag) (Entered: 08/11/1999)

RECAP
75 Aug. 19, 1999

MINUTE ENTRY: motion to stay hearing held on 8/17/99 before Judge Susan C. Bucklew denying [71-1] motion to strike [70-1] notice of filing declaration of Lynda Sommers in support of defendants' motion for stay Court Reporter: Carol Jacobs (aa) (Entered: 08/23/1999)

RECAP
74 Aug. 20, 1999

MEMORANDUM OF LAW by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney to [57-1] order on motion for summary judgment (aa) (Entered: 08/23/1999)

RECAP
76 Aug. 26, 1999

ORDER granting [60-1] motion to stay order pending appeal, denying as moot [63-1] motion to stay order on cross-motion for summary judgment, denying [69-1] motion to strike [66-1] notice of filing declaration in support of defendants' motion to stay, denying [71-1] motion to strike [70-1] notice of filing declaration of Lynda Sommers in support of defendants' motion for stay ( Signed by Judge Susan C. Bucklew ) ctc (aa) (Entered: 08/26/1999)

RECAP
77 Aug. 27, 1999

TRANSCRIPT filed [58-1] appeal for dates of 8/17/99 before Judge Susan C. Bucklew; Certificate of Readiness due on 9/13/99. Transcript filed separately. (ag) (Entered: 08/30/1999)

RECAP
Sept. 9, 1999

TRANSMITTAL to USCA [58-1] appeal re: certified copy of 38 and docket sheet. USCA # 99-11914-J (kma)

Jan. 10, 2000

MAGISTRATE JUDGE CASE ASSIGNMENT Magistrate assigned: Douglas N. Frazier (aa)

Feb. 16, 2000

Certificate of readiness with certified copies of indexed District Court docket sheet sent to USCA. [58-1] appeal. USCA #99-11914-J (kma)

Feb. 16, 2000

TRANSMITTAL to USCA [58-1] appeal re: certificate of readiness. USCA # 99-11914-J (kma)

March 1, 2000

Transmitted record on appeal to USCA. [58-1] appeal (Transmittal includes: 4 Vol. of Pleadings; 1 Vol. of Transcripts.) USCA # 99-11914-JJ (kma)

78 June 9, 2000

USCA ORDER dismissing for lack of jurisdiction re:[58-1] appeal. Issued in lieu of mandate: 6/7/00 EOD: 6/7/00 USCA # 99-11914-JJ (kma) (Entered: 06/12/2000)

RECAP
79 June 22, 2000

MOTION by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney with memorandum in support for clarification of [57-1] order on cross motion for summary judgment, or for reconsideration of [57-1] order on cross motion for summary judgment referred to Judge Susan C. Bucklew (aa) Modified on 06/29/2000 (Entered: 06/23/2000)

RECAP
80 June 22, 2000

MOTION by Thomas Sellars, Frances Gibbons, Kathleen A. Kearney with memorandum in support to extend time to comply with 6/10/99, order pending ruling on defendants' motion for clarification (aa) Modified on 06/29/2000 (Entered: 06/23/2000)

RECAP
81 July 11, 2000

MOTION by Advocacy Center with memorandum in support to dissolve stay referred to Magistrate Judge Douglas N. Frazier (sll) (Entered: 07/11/2000)

RECAP
82 July 17, 2000

RESPONSE by Advocacy Center to [79-1] motion for clarification of [57-1] order on cross motion for summary judgment, [79-2] motion for reconsideration of [57-1] order on cross motion for summary judgment. (Proposed order filed) (aa) (Entered: 07/17/2000)

RECAP
83 July 17, 2000

ORDER granting [80-1] motion to extend time to comply with 6/10/99, order pending ruling on defendants' motion for clarification ( Signed by Judge Susan C. Bucklew ) ctc (aa) (Entered: 07/18/2000)

RECAP
84 July 27, 2000

MOTION by Frances Gibbons, et al. with memorandum in support to strike [79-1] motion for clarification of [57-1] order on cross motion for summary judgment, [79-2] motion for reconsideration of [57-1] order on cross motion for summary judgment referred to Judge Susan C. Bucklew (aa) (Entered: 07/31/2000)

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85 Aug. 14, 2000

NOTICE OF CASE REASSIGNMENT to the Honorable Judge John E. Steele . ctc (bjt) (Entered: 08/14/2000)

RECAP

Case Details

State / Territory:

Florida

Case Type(s):

Disability Rights

Key Dates

Filing Date: April 13, 1998

Plaintiffs

Attorney Organizations:

NDRN/Protection & Advocacy Organizations

Public Interest Lawyer: Yes

Filed Pro Se: No

Class Action Sought: No

Defendants

Defendant Type(s):

Corrections

Case Details

Other Dockets:

Middle District of Florida 2:98-cv-00144

Issues

Disability and Disability Rights:

Mental impairment

P&A access authority

P&A Associational Standing

Recommended Citation