Button et al v. McCawley

0:24-cv-60911 | Florida Southern District Court

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Division Ft Lauderdale
Judge Judge David S. Leibowitz
Filed May 28, 2024
Case Flags MEDREQ and PAB
Magistrate Magistrate Judge Panayotta D. Augustin-Birch
Nature of Suit 360 Personal Injury - Other
Cause 28:1332 Diversity
Jury Demand Plaintiff
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6 Months
  • 10/28/2025
Calendar Call set for 10/28/2025 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz.
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6 Months
  • 11/3/2025
ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 11/3/2025 in Fort Lauderdale Division before Judge David S. Leibowitz.
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8 Months
  • 12/9/2025
Calendar Call set for 12/9/2025 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz.
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8 Months
  • 12/15/2025
AMENDED ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 12/15/2025 in Fort Lauderdale Division before Judge David S. Leibowitz.
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Filing Date # Docket Text
3/31/2025Response in Opposition to Motion
3/19/2025Order on Motion for Miscellaneous Relief
3/18/2025Miscellaneous Relief
3/18/2025Statement
3/18/2025Leave to File Document
3/4/2025Order on Motion for Leave to File
2/27/2025Leave to File Document
1/8/2025ORDER granting in part and denying in part 24 Motion to Dismiss for Failure to State a Claim. Signed by Judge David S. Leibowitz See attached document for full details. (lsk)
1/7/2025Order on Motion for Appointment of Mediator
1/2/2025Clerk's Notice of Docket Correction and Instruction to Filer - Attorney
1/2/2025Appoint Mediator
12/18/2024Notice of Supplemental Authority
11/8/2024ORDER denying 30 Motion. Signed by Judge David S. Leibowitz on 11/8/2024. See attached document for full details. (nan) (Entered: 11/08/2024)
10/29/2024 REPLY to Response to Motion re 24 MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Sigrid McCawley. (Singer, Stuart) (Entered: 10/29/2024)
10/22/2024ORDER denying 23 Motion. Signed by Judge David S. Leibowitz See attached document for full details. (lsk) (Entered: 10/22/2024)
10/21/2024Plaintiff's REPLY to Defendant's 36 Response in Opposition to Plaintiff's Motion for Relief 30 by Dusty Button. (nan) (Entered: 10/22/2024)
10/15/2024Plaintiff's RESPONSE in Opposition to Defendant's Motion to Dismiss re 24 MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Dusty Button, Mitchell Taylor Button. Replies due by 10/22/2024. (nan) (Entered: 10/22/2024)
10/11/2024 REPLY to 23 MOTION to Supplement Plaintiff's Amended Complaint re 1 Complaint by Dusty Button and Mitchell Taylor Button. (scn) (Entered: 10/15/2024)
9/24/2024ORDER re 23 MOTION to Supplement Plaintiff's Amended Complaint re 1 Complaint filed by Mitchell Taylor Button, Dusty Button, 30 MOTION Motion for Relief Seeking to Backdate their Complaint, (ECF No. 1 ) re 1 Complaint filed by Mitchell Taylor Button, Dusty Button, 24 MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM filed by Sigrid McCawley, Set/Reset Deadlines/Hearings as to 23 MOTION to Supplement Plaintiff's Amended Complaint re 1 Complaint, 30 MOTION Motion for Relief Seeking to Backdate their Complaint, (ECF No. 1 ) re 1 Complaint, 24 MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM .( Replies due by 10/11/2024., Replies due by 10/22/2024., Responses due by 10/15/2024.) Signed by Judge David S. Leibowitz on 9/24/2024. See attached document for full details. (nan) (Entered: 09/26/2024)
9/24/2024 AMENDED ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 12/15/2025 in Fort Lauderdale Division before Judge David S. Leibowitz., Calendar Call set for 12/9/2025 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge All discovery matters are hereby referred to United States Magistrate Judge Panyotta D. Augustin-Birch.. Signed by Judge David S. Leibowitz on 9/24/2024. See attached document for full details. (nan)

Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 09/25/2024)
9/23/2024STATUS REPORT (JOINT) by Sigrid McCawley (Singer, Stuart) (Entered: 09/23/2024)
8/23/2024RESPONSE in Opposition re 30 MOTION Motion for Relief Seeking to Backdate their Complaint, (ECF No. 1 ) re 1 Complaint filed by Sigrid McCawley. Replies due by 8/30/2024. (Singer, Stuart) (Entered: 08/23/2024)
8/21/2024ORDER. Plaintiffs' Motion and Request for a Further Continuance of Previously Granted Extensions Due to an Unforeseen Medical Emergency 34 is GRANTED. The parties shall submit a status report to the Court no later than October 7, 2024, with proposed dates for the remainder of the briefing schedule on Plaintiffs' Motion to Supplement Plaintiffs' Amended Complaint 23 , Defendants' Motion to Dismiss the Amended Complaint 24 , and Plaintiffs' Motion for Relief Seeking to Backdate their Complaint 30 . The Motion Hearing on Defendants' Motion to Dismiss, currently set for September 20, 2024, at 10:00 a.m., is CANCELLED. The Court will reschedule the hearing once Defendants' Motion to Dismiss is fully briefed. Signed by Judge David S. Leibowitz See attached document for full details. (lsk) (Entered: 08/21/2024)
8/20/2024 Plaintiff's MOTION and Request for a Further Continuance of Previously Granted Extensions Due to an Unforeseen Medical Emergency re 32 Order on Motion for Extension of Time to File Response/Reply/Answer by Dusty Button, Mitchell Taylor Button. Responses due by 9/3/2024. (nan) (Entered: 08/21/2024)
8/13/2024ORDER. Plaintiffs' Motion to Seal Exhibit C of Plaintiffs' Applications to Proceed In Forma Pauperis and Motion for Court to Waive the Fees Associated with ECF Filings and Waiver of Documents 27 is GRANTED. Plaintiffs' Motion for Leave to Proceed in Forma Pauperis 28 is DENIED AS MOOT. Plaintiffs' PACER fees are waived through the conclusion of this case. Plaintiffs shall use a copy of this Order for purposes of contacting PACER to effect a waiver of their PACER fees. Signed by Judge David S. Leibowitz on 8/12/2024. See attached document for full details. (lsk) (Entered: 08/13/2024)
8/12/2024ORDER granting 31 Motion for Extension of Time to File Response/Reply to Motion. Replies due by 8/23/2024. Signed by Judge David S. Leibowitz See attached document for full details. (lsk) (Entered: 08/12/2024)
8/9/2024ORDER granting 26 Motion for Extension of Time to File Response/Reply to Motion. Responses due by 8/30/2024. Signed by Judge David S. Leibowitz See attached document for full details. (lsk) (Entered: 08/09/2024)
8/8/2024Plaintiff's Request for an Extension to Respond to 25 Response in Opposition to Motion by Dusty Button, Mitchell Taylor Button. (nan) (Entered: 08/09/2024)
8/8/2024 MOTION for Relief Seeking to Backdate their Complaint, (ECF No. 1 ) re 1 Complaint by Dusty Button, Mitchell Taylor Button. (nan) (Entered: 08/09/2024)
8/8/2024 MOTION for Leave to Proceed in forma pauperis by Mitchell Taylor Button. (Attachments: # 1 Exhibit A, # 2 Exhibit B)(amb) (Additional attachment(s) added on 8/9/2024: # 3 Exhibit C) (amb). (Entered: 08/09/2024)
8/8/2024 MOTION TO SEAL EXHIBIT C OF PLAINTIFFS' APPLICATIONS TO PROCEED IN FORMA PAUPERIS AND MOTION FOR COURT TO WAIVE THE FEES ASSOCIATED WITH ECF FILINGS AND RETRIEVAL OF DOCUMENTS by Dusty Button, Mitchell Taylor Button. (amb) (Entered: 08/09/2024)
8/7/2024Plaintiff's Request for an Extension to File their Opposition as to 24 Defendant's MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Dusty Button, Mitchell Taylor Button. (nan) (Entered: 08/08/2024)
8/5/2024RESPONSE in Opposition re 23 MOTION to Supplement Plaintiff's Amended Complaint re 1 Complaint filed by Sigrid McCawley. Replies due by 8/12/2024. (Singer, Stuart) (Entered: 08/05/2024)
7/26/2024 MOTION TO DISMISS 13 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM by Sigrid McCawley. Responses due by 8/9/2024. (Attachments: # 1 Declaration of Stuart Singer, # 2 Exhibit A to Declaration of Stuart Singer, # 3 Exhibit B to Declaration of Stuart Singer, # 4 Exhibit C to Declaration of Stuart Singer, # 5 Exhibit D to Declaration of Stuart Singer, # 6 Exhibit E to Declaration of Stuart Singer, # 7 Exhibit F to Declaration of Stuart Singer, # 8 Exhibit G to Declaration of Stuart Singer, # 9 Exhibit H to Declaration of Stuart Singer, # 10 Exhibit I to Declaration of Stuart Singer, # 11 Exhibit J to Declaration of Stuart Singer, # 12 Exhibit K to Declaration of Stuart Singer, # 13 Exhibit L to Declaration of Stuart Singer)(Singer, Stuart) (Entered: 07/26/2024)
7/22/2024 MOTION to Supplement Plaintiff's Amended Complaint re 1 Complaint by Dusty Button, Mitchell Taylor Button. (Attachments: # 1 Exhibit)(nan) (Entered: 07/23/2024)
7/22/2024ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Panayotta D. Augustin-Birch on 7/22/2024. See attached document for full details. (mdl) (Entered: 07/22/2024)
7/19/2024 ORDER SETTING JURY TRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE: (Jury Trial set for 11/3/2025 in Fort Lauderdale Division before Judge David S. Leibowitz., Calendar Call set for 10/28/2025 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Panayotta D. Augustin-Birch for Discovery Matters. Signed by Judge David S. Leibowitz on 7/19/2024. See attached document for full details. (nan)

Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here. (Entered: 07/22/2024)
7/19/2024Deadline(s)/Hearing(s) terminated. The Status Conference previously scheduled for July 25, 2024, at 2:00 p.m. is CANCELLED. Per Order, DE# 20 . (nan) (Entered: 07/22/2024)
7/19/2024ORDER granting 18 Motion to Continue. The Status Conference previously scheduled for July 25, 2024, at 2:00 p.m. is CANCELLED. A Motion Hearing on Defendant's Motion to Dismiss is scheduled for September 20, 2024, at 10:00 a.m. Motion Hearing set for 9/20/2024 10:00 AM in Fort Lauderdale Division before Judge David S. Leibowitz. Signed by Judge David S. Leibowitz on 7/19/2024. See attached document for full details. (nan) (Entered: 07/22/2024)
7/19/2024Joint SCHEDULING REPORT - Rule 16.1 by Sigrid McCawley (Attachments: # 1 Exhibit A-Proposed Joint Scheduling Order)(Singer, Stuart) (Entered: 07/19/2024)
7/19/2024Defendant's Certificate of Other Affiliates by Sigrid McCawley (Singer, Stuart) (Entered: 07/19/2024)
7/18/2024Certificate of Interested Parties and Corporate Disclosure Statement Pursuant to FED.R.CIV.P.7.1 by Dusty Button, Mitchell Taylor Button (nan) (Entered: 07/19/2024)
7/18/2024Joint Stipulation Requesting Continuance of a Status Conference -- MOTION to Continue re 10 Order Setting Status Conference, by Dusty Button, Mitchell Taylor Button. Responses due by 8/1/2024. (nan) (Entered: 07/19/2024)
7/16/2024NOTICE of Attorney Appearance by Jason Harrison Hilborn on behalf of Sigrid McCawley. Attorney Jason Harrison Hilborn added to party Sigrid McCawley(pty:dft). (Hilborn, Jason) (Entered: 07/16/2024)
7/15/2024ORDER, denying as moot without prejudice 9 Motion to Dismiss for Failure to State a Claim. The Motion Hearing scheduled for July 25, 2024, at 2:00 p.m., will now be a Status Conference. Signed by Judge David S. Leibowitz on 7/15/2024. See attached document for full details. (mee) (Entered: 07/15/2024)
7/12/2024 AMENDED COMPLAINT against Sigrid McCawley, filed by Dusty Button, Mitchell Taylor Button.(nan) (Entered: 07/12/2024)
7/8/2024NOTICE Setting Hearing on Motion 9 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM : Motion Hearing set for 7/25/2024 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz. Signed by Judge David S. Leibowitz on 7/8/2024. See attached document for full details. (nan) (Entered: 07/08/2024)
7/8/2024 ORDER REQUIRING SCHEDULING REPORT AND CERTIFICATES OF INTERESTED PARTIES. Joint Scheduling Report due by 7/19/2024 Signed by Judge David S. Leibowitz on 7/8/2024. See attached document for full details. (nan) (Entered: 07/08/2024)
6/27/2024NOTICE SETTING STATUS CONFERENCE: Status Conference set for 7/25/2024 02:00 PM in Fort Lauderdale Division before Judge David S. Leibowitz. Signed by Judge David S. Leibowitz on 6/27/2024. See attached document for full details. (nan) (Entered: 07/01/2024)
6/24/2024 MOTION TO DISMISS 1 Complaint FOR FAILURE TO STATE A CLAIM by Sigrid McCawley. Responses due by 7/8/2024. (Attachments: # 1 Declaration of Stuart Singer, # 2 Exhibit A to Declaration of Stuart Singer, # 3 Exhibit B to Declaration of Stuart Singer, # 4 Exhibit C to Declaration of Stuart Singer, # 5 Exhibit D to Declaration of Stuart Singer, # 6 Exhibit E to Declaration of Stuart Singer, # 7 Exhibit F to Declaration of Stuart Singer, # 8 Exhibit G to Declaration of Stuart Singer, # 9 Exhibit H to Declaration of Stuart Singer, # 10 Exhibit I to Declaration of Stuart Singer, # 11 Exhibit J to Declaration of Stuart Singer, # 12 Exhibit K to Declaration of Stuart Singer, # 13 Exhibit L to Declaration of Stuart Singer)(Singer, Stuart) (Entered: 06/24/2024)
6/24/2024NOTICE of Attorney Appearance by Stuart Harold Singer on behalf of Sigrid McCawley. Attorney Stuart Harold Singer added to party Sigrid McCawley(pty:dft). (Singer, Stuart) (Entered: 06/24/2024)
6/17/2024SUMMONS (Affidavit) Returned Executed on 1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Dusty Button, Mitchell Taylor Button. Sigrid McCawley served on 6/1/2024, response/answer due 6/24/2024. (kpe) (Entered: 06/17/2024)
5/29/2024Summons Issued as to Sigrid McCawley. (drz) (Entered: 05/29/2024)
5/28/2024ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge David S. Leibowitz on 5/28/2024. See attached document for full details. (nan) (Entered: 05/29/2024)
5/28/2024Clerks Notice of Receipt of Filing Fee received on 5/28/2024 in the amount of $ 405.00, receipt number 18470 (amb) (Entered: 05/29/2024)
5/28/2024Consent by Pro Se Litigant (Non-Prisoner) Dusty Button, and Mitchell Taylor Button to receive Notices of Electronic Filing at email address: worldofdusty@gmail.com. (wce) (Entered: 05/28/2024)
5/28/20242Clerks Notice of Judge Assignment to Judge David S. Leibowitz.

Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent.

Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (wce) (Entered: 05/28/2024)

5/28/2024COMPLAINT against Sigrid McCawley. Filing fees $ 405.00, filed by Dusty Button, and Mitchell Taylor Button. (Attachments: # 1 Civil Cover Sheet, # 2 Summon(s))(wce) (Entered: 05/28/2024)