"MANHATTAN V. UNTERBURGER" DOCKET

ABORTION INDUSTRY IN MELBOURNE, FLORIDA
LAWSUITS
MANHATTAN V. UNTERBURGER
DOCKET / CHRONOLOGICAL FILE

U.S. District Court
FLS - Southern District of Florida (W.Palm Beach)

CIVIL DOCKET FOR CASE #: 99-CV-8164

Manhattan Magnolia, et al. v. Unterburger, et al.
Filed: 03/02/99
Assigned to: Daniel T. K. Hurley
Demand: $0
Nature of Suit: 440
Lead Docket: None
Jurisdiction: Federal Question
Dkt # in other court: None

Cause: 42:1983 Civil Rights Act

MANHATTAN MAGNOLIA CORP., a Florida corporation, t/a/
AWARE WOMAN MEDICAL CENTER; AWARE WOMAN CENTER FOR CHOICE, INC., a Florida corporation; EDWARD W. (TODD) WINDLE, III, WENDY LaVIGNA, ELLEN MORITZ, CHERYL PFAU, and SHARON BRANIN, individually, and on behalf of the classes of patients, staff, physicians, invitees, guests, and independent contractors damaged by defendants,
Plaintiffs,
-versus-
RAYMOND UNTERBURGER, ERIC OLSON, CHERYL UNTERBURGER, MEREDITH TROTTER RANEY, JR, WILLIAM LeSTOURGEON, JOHN C 'JAY' ROGERS, PATRICIA McEWEN, RICHARD VANDERBILT, PATRICIA VANDERBILT, MICHELLE HERZOG, and JOHN & JANE DOES & MOES I-X,
COMPUSERVE, INCORPORATED, a corporation doing business in Florida
TML INFORMATION SERVICES, INC, a corporation doing business in Florida, and
DOE CORPORATIONS I-X, their agents, assigns, collaborators, accomplices, confederates, aiders & abettors, successors in interest, those acting in concert or participating with them, and the class of individuals and entities similarly situated as to the named defendants,
Defendants.

03/02/99 Doc. 1 COMPLAINT in civil action for declaratory judgment, statutory & actual damages, asset forfeiture, and exemplary damages, under FACE, and supplemental federal and state law grounds, and other necessary and proper relief filed; FILING FEE $150.00 RECEIPT # 515743; A-7; FJL (br) [Entry date 03/04/99]

02/99 --- Magistrate identification: Magistrate Judge Frank J. Lynch, Jr. (br) [Entry date 03/04/99]

03/05/99 Doc. 2 PRETRIAL ORDER filed: ( signed by Judge Daniel T. K. Hurley on 3/5/99) CCAP (pa) [Entry date 03/08/99]

03/12/99 Doc. 3 SUMMONS(ES) issued for Cheryl Unterburger, Michelle Herzog, Patricia Vanderbilt, Richard Vanderbilt, Eric Olson, John C. Rogers, Raymond Unterburger, William LeStrourgeon, Meredith Trotter Raney Jr. (pa) [Entry date 03/16/99]

03/17/99 Doc. 4 SUMMONS(ES) issued for Patricia McEwen (pa)

04/07/99 Doc. 5 SUMMONS(ES) issued for Eric Olson (pa) [Entry date 04/08/99]

04/08/99 Doc. 6 MOTION by Aware Woman Center, Edward W. Windle III, Wendy LaVigna, Ellen Moritz, Cheryl Pfau, Sharon Branin | for Roy Leonard Lucas to appear pro hac vice | (pa) [Entry date 04/09/99]

04/08/99 --- Filing Fee Paid; FILING FEE $ 75.00 RECEIPT # 710182 (pa) [Entry date 04/09/99]

04/09/99 Doc. 7 ORDER ON APPLICATION OF ROY LUCAS TO APPEAR PRO HAC VICE: ORDER granting [6-1] motion for Roy Leonard Lucas to appear pro hac vice: ( signed by Judge Daniel T. K. Hurley on 4/9/99) CCAP (pa)

04/28/99 Doc. 8 MOTION with memorandum in support by Aware Woman Center, Edward W. Windle III, Wendy LaVigna, Ellen Moritz, Cheryl Pfau, Sharon Branin, Manhattan | for partial summary judgment as to liability for specified F.A.C.E., trespass, stalking, & invasion of privacy civil liability questions | (pa) [Entry date 04/29/99]

4/30/99 Doc. 9 CONSENT MOTION by Raymond Unterburger, Eric Olson, Cheryl Unterburger, William LeStrourgeon, Meredith Trotter Raney Jr., John C. Rogers, Patricia McEwen, Richard Vanderbilt, Michelle Herzog, Patricia Vanderbilt to extend time for filing defendants' answer to plaintiffs' complaint and defendants' response to plaintiffs' motion for partial summary judgment and preliminary injunction (pa) [Entry date 05/03/99]

4/30/99 Doc. 10 MEMORANDUM by Raymond Unterburger, Eric Olson, Cheryl Unterburger, William LeStrourgeon, Meredith Trotter Raney Jr., John C. Rogers, Patricia McEwen, Richard Vanderbilt, Michelle Herzog, Patricia Vanderbilt in support of [9-1] motion to extend time for filing defendants' answer to plaintiffs' complaint and defendants' response to plaintiffs' motion for partial summary judgment and preliminary injunction (pa) [Entry date 05/03/99]

4/30/99 Doc. 11 MOTION by Aware Woman Center, Edward W. Windle III, Wendy LaVigna, Ellen Moritz, Cheryl Pfau, Sharon Branin, Manhattan to extend time ato hold scheduling conference (pa) [Entry date 05/03/99]

5/17/99 Doc. 12 CONSENT MOTION by CompuServe to extend time within which to respond to the motion for partial summary judgment mailed to CompuServe on 4/27/99 (pa) [Entry date 05/18/99] [Edit date 05/18/99]

5/17/99 Doc. 13 ORDER GRANTING DEFENDANTS' CONSENT MOTION OF DEFENDANTS RAYMOND UNTERBURGER, CHERYL UNTERBURGER, MEREDITH T. RANEY, ERIC OLSON, WILLIAM L. LESTROURGEON, JOHN C. ROGERS. PATRICIA MCEWEN, MICHELLE HERZOG, RICHARD VANDERBILT AND PATRICIA VANDERBILT FOR ENLARGEMENT OF TIME FOR FILING DEFENDANTS' ANSWER TO PLAINTIFFS' COMPLAINT AND DEFENDANTS' RESPONSE TO PLAINTIFFS' MOTION FOR PARTIAL SUMMARY JUDGMENT AND PRELIMINARY INJUNCTION: ORDER granting [9-1] motion to extend time for filing defendants' answer to plaintiffs' complaint and defendants' response to plaintiffs' motion for partial summary judgment and preliminary injunction. Defendant named herein shall have 20 days following service on the last named defendant to file and serve said defendants' response to plaintiffs' complaint and defendants' response to plaintiffs' motion for partial summary judgment as to liability for specified F.A.C.E. Trespass, Stalking, & Invasion of Privacy Civil Liability Questions (signed by Judge Daniel T. K. Hurley on 5/15/99) CCAP (pa) [Entry date 05/19/99]

5/19/99 Doc. 14 AGREED MOTION by TML Information to extend time to respond to motion and memorandum of Magnolia plaintiffs for partial summary judgment (pa) [Entry date 05/20/99]

5/24/99 Doc. 15 MEMORANDUM by Raymond Unterburger, Eric Olson, Cheryl Unterburger, William LeStrourgeon, Meredith Trotter Raney Jr., John C. Rogers, Patricia McEwen, Richard Vanderbilt, Michelle Herzog, Patricia Vanderbilt in opposition to motion for Roy Leonard Lucas to appear pro hac vice (at) [Entry date 05/26/99]

5/24/99 Doc. 16 MOTION by Aware Woman Center, Edward W. Windle III, Wendy LaVigna, Ellen Moritz, Cheryl Pfau, Sharon Branin, Manhattan to extend time to file motion for class certification (at) [Entry date 05/26/99]

5/24/99 Doc. 17 ORDER ON CONSENT MOTION OF DEFENDANT COMPUSERVE FOR EXTENSION OF TIME granting [12-1] motion to extend time within which to respond to the motion for partial summary judgment mailed compuserve on 4/27/99 Response to motion reset to 6/25/99 for [8-1] motion for partial summary judgment as to liability for specified F.A.C.E., trespass, stalking, & invasion of privacy civil liability questions. (Signed by Judge Daniel T. K. Hurley on 05/24/99) CCAP [EOD Date: 5/26/99] (at) [Entry date 05/26/99]

5/24/99 Doc. 18 ORDER GRANTING DEFENDANT TML INFORMATION SERVICES, INC.'S AGREED MOTION FOR EXTENSION OF TIME TO RESPOND TO MOTION AND MEMORANDUM OF MAGNOLIA PLAINTIFFS FOR PARTIAL SUMMARY JUDGMENT granting [14-1] motion to extend time to respond to motion and memorandum of Magnolia plaintiffs for partial summary judgment Response to motion reset to 7/9/99 for [8-1] motion for partial summary judgment as to liability for specified F.A.C.E., trespass, stalking, & invasion of privacy civil liability questions (Signed by Judge Daniel T. K. Hurley on 05/24/99) CCAP [EOD Date: 5/26/99] (at) [Entry date 05/26/99]

5/27/99 Doc. 19 ORDER ON PLAINTIFFS' MOTION FOR ENLARGEMENT OF TIME TO HOLD SCHEDULING CONFERENCE granting [11-1] motion to extend time to hold scheduling conference. The parties shall have sixty (60) days from the rendition of this Order in which to hold a scheduling conference. (Signed by Judge Daniel T. K. Hurley on 05/26/99) CCAP [EOD Date: 6/2/99] (at) [Entry date 06/02/99]

6/14/99 Doc. 20 ORDER ON PLAINTIFFS' MOTION FOR ENLARGEMENT OF TIME TO FILE MOTION FOR CLASS CERTIFICATION:ORDER granting [16-1] motion to extend time to file motion for class certification. The plaintiffs shall have 90 days from the rendition of this order in which to file a motion for class certification (Signed by Judge Daniel T. K. Hurley on 6/13/99)

6/24/99 Doc. 21 MOTION by CompuServe to dismiss each of plaintiffs' claims against it for failure to state a claim upon which relief can be granted (pa) [Entry date 06/25/99]

6/24/99 Doc. 22 MEMORANDUM by CompuServe in support of [21-1] motion to dismiss each of plaintiffs' claims against it for failure to state a claim upon which releif can be granted (pa) [Entry date 06/25/99]

6/24/99 Doc. 23 REQUEST by CompuServe for oral argument on [21-1] motion to dismiss each of plaintiffs' claims against it for failure state a claim upon which relief can be granted (pa)[Entry date 06/25/99] [Edit date 06/25/99]

6/24/99 Doc. 24 RESPONSE by CompuServe in opposition to [8-1] motion for partial summary judgment as to liability for specified F.A.C.E., trespass, stalking, & invasion of privacy civil liability questions (pa) [Entry date 06/25/99]

6/25/99 Doc. 25 Answer and affirmative defenses by TML Information (pa) [Entry date 06/28/99]

7/7/99 Doc. 26 MOTION by TML Information for judgment on the pleadings, and/orfor summary judgment (pa) [Entry date 07/08/99]

7/7/99 Doc. 27 MEMORANDUM by TML Information in support of [26-1] motion for judgment on the pleadings, [26-2] motion for summary judgment (pa) [Entry date 07/08/99]

7/7/99 Doc. 28 Statement of facts: by TML Information (pa) [Entry date 07/08/99]

7/7/99 Doc. 29 REQUEST by TML Information for Hearing on [26-1] motion for judgment on the pleadings, [26-2] motion for summary judgment (pa) [Entry date 07/08/99]

7/7/99 Doc. 30 NOTICE of filing affidavit of Sean Doherty, by TML Information (Attached) (pa) [Entry date 07/08/99]

7/9/99 Doc. 31 MEMORANDUM by TML Information in opposition to [8-1] motion for partial summary judgment as to liability for specified F.A.C.E., trespass, stalking, & invasion of privacy civil liability questions (pa) [Entry date 07/12/99]

7/29/99 Doc. 32 NOTICE of Unavailability by attorney for Manhattan from 8/31/99 through 9/20/99 (pa)

8/11/99 Doc. 33 JOINT MOTION by All Plaintiffs, All Defendants to extend time scheduing report and for Court to file a status conference (pa) [Entry date 08/12/99]

8/16/99 Doc. 34 ORDER ON PARTIES' MOTION FOR ENLARGEMENT OF TIME TO FILE SCHEDULING REPORT AND FOR STATUS CONFERENCE granting [33-1] joint motion to extend time scheduing report and for Court to file a status conference. Shall file a Joint Report on or before 10/20/99. (Signed by Judge Daniel T. K. Hurley on 08/14/99) CCAP [EOD Date: 8/16/99] (at)

8/16/99 Doc. 35 MOTION by Manhattan to stay further District Court Proceedings pending decisions of US Supreme COurt and US Court of Appeals on related questions (pa)[Entry date 08/17/99] (Denied by [43] ORDER)

8/16/99 Doc. 36 MOTION with memorandum in support by Meredith Trotter Raney Jr. to dismiss complaint for failure to serve initial process (pa) [Entry date 08/17/99]

8/27/99 Doc. 37 RESPONSE by CompuServe in opposition to [35-1] application to stay further District Court Proceedings pending decisions US Supreme COurt and US Court of Appeals on related questions (pa) [Entry date 08/30/99]

8/30/99 Doc. 38 MEMORANDUM by TML Information in opposition to [35-1] motion to stay further District Court Proceedings pending decisions of US Supreme Court and US Court of Appeals on related questions (pa) [Entry date 08/31/99]

9/7/99 Doc. 39 NOTICE of Unavailability by attorney for Raymond Unterburger, Eric Olson, Cheryl Unterburger, William LeStrourgeon, Meredith Trotter Raney Jr., John C. Rogers, Patricia McEwen, Richard Vanderbilt, Michelle Herzog, Patricia Vanderbilt from 9/22/99 through 9/29/99, and from 10/24/99, through 11/14/99 (pa)

10/14/99 Doc. 40 NOTICE of voluntary dismissal by Aware Woman Center, Edward W. Windle III, Wendy LaVigna, Ellen Moritz, Cheryl Pfau, Sharon Branin of defendant Compuserve, Inc. (pa)

12/6/99 Doc. 41 STIPULATION of dismissal of defendant TML Services, INc. by All Plaintiffs, All Defendants (pa)

12/7/99 Doc. 42 STIPULATION of dismissal of defendant TML Services, Inc, by All Plaintiffs, All Defendants (pa) [Entry date 12/08/99]

12/7/99 Doc. 43 ORDER DENYING PLAINTIFFS' MOTION FOR STAY AND DIRECTING PLAINTIFFS TO FILE RESPONSE: ORDER denying [35-1] motion to stay further District Court Proceedings pending decisions of US Supreme Court and US Court of Appeals on related questions Response to motion reset to 10 days from the date of this order for [36-1] motion to dismiss complaint failure to serve initial process (Signed by Judge Daniel T. K. Hurley on 12/7/99) CCAP [EOD Date: 12/8/99] (pa) [Entry date 12/08/99]

12/20/99 Doc. 44 NOTICE of Unavailability by attorneys for All defendants from 12/15/99 through 1/3/00 (pa) [Entry date 12/21/99]

1/5/00 Doc. 45 REPLY by All Defendants to response to [36-1] motion to dismiss complaint for failure to serve initial process (kz) [Entry date 01/06/00]

1/5/00 Doc. 46 AFFIDAVIT of Meredith T. Raney by All Defendants Re: [45-1] Reply to Plaintiff's Opposition to Motion to Dismiss (kz) [Entry date 01/06/00]

1/6/00 Doc. 47 MOTION by All Plaintiffs for leave to file first amended complaint (kw)

1/13/00 Doc. 48 NOTICE of filing affidavit to plaintiff's opposition to motion to dismiss by Meredith Trotter Raney Jr. (kw)

1/28/00 Doc. 49 NOTICE of withdrawal of Rosemarie Richard's of consent of designation as plaintiff's local counsel, by All Plaintiffs(pa)

1/31/00 Doc. 50 MOTION by All Defendants to dismiss case (kw)

1/31/00 Doc. 50 RESPONSE by All Defendants to [6-1] motion for Roy Leonard Lucas to appear pro hac vice (kw)

2/7/00 Doc. 51 ORDER SETTING STATUS CONFERENCE: ORDER set status conference for 9:00 2/17/00 before Judge Daniel T. K. Hurley (Signed by Judge Daniel T. K. Hurley on 2/4/00)

2/14/00 Doc. 52 MOTION by All Defendants to continue status conference (pa)

2/16/00 Doc. 53 MOTION by Aware Woman Center, Edward W. Windle III, Wendy LaVigna, Ellen Moritz, Cheryl Pfau, Sharon Branin for leave to file second amended complaint (pa)[Entry date 02/17/00]

2/17/00 Doc. 54 ORDER denying as moot [52-1] motion to continue status conference (Signed by Judge Daniel T. K. Hurley on 2/17/00)

2/28/00 Doc. 55 NOTICE of Change of Address of Attorney by Aware Woman Center, Edward W. Windle III, Wendy LaVigna, Ellen Moritz, Cheryl Pfau, Sharon Branin, Manhattan

2/29/00 Doc. 56 OMINIBUS ORDER STAYING CASE, REQUIRING COMPLIANCE WITH LOCAL RULES, AND DENYING AS MOOT PENDING MOTIONS: ORDER staying case, requiring compliance with local rules by plaintiff's attorney, and denying as moot pending motions (Signed by Judge Daniel T. K. Hurley on 2/29/00)

3/21/00 Doc. 57 NOTICE of attorney appearance for Manhattan by Robert Lee Saylor (pa)

4/10/00 Doc. 58 SECOND RENEWED MOTION by All Defendants to dismiss complaint for violation of local rule 4, special rules of the Southern District of Florida
and
4/10/00 Doc. 58 SECOND RENEWED OPPOSITION RESPONSE by All Defendants in opposition to [6-1] motion for Roy Leonard Lucas to appear pro hac vice and memorandum in support (pa)

5/19/00 Doc. 59 MOTION by Aware Woman Center, Edward W. Windle III, Wendy LaVigna, Ellen Moritz, Cheryl Pfau, Sharon Branin, Manhattan for Robert L. Saylor to withdraw as attorney (pa)

5/23/00 Doc. 60 ORDER GRANTING MOTION TO WITHDRAW: ORDER granting [59-1] motion for Robert L. Saylor to withdraw as attorney (Terminated: attorney Robert Lee Saylor for Manhattan (Signed by Judge Daniel T. K. Hurley on 5/22/00) CCAP [EOD Date: 5/23/00] (pa)

5/30/00 Doc. 61 THIRD RENEWED MOTION with memorandum in support by All Defendants to dismiss complaint for violation of local rule 4 special rules of the Southern District of Florida (pa)
and
5/30/00 Doc. 61 THIRD RENEWED RESPONSE by All Defendants in opposition to motion for Roy Leonard Lucas to appear pro hac vice (pa)

7/14/00 Doc. 62 ORDER GRANTING DEFENDANTS' THIRD RENEWED MOTION TO DISMISS AND CLOSING CASE: ORDER granting [61-1] motion. This case is dismissed without prejudice. The Clerk of the Court shall close the case and terminate any pending motions as moot (Signed by Judge Daniel T. K. Hurley on 7/14/00) CCAP [EOD Date: 7/17/00] (pa) [Entry date 07/17/00]

8/1/00 -- CASE CLOSED. Case and Motions no longer referred to Magistrate. (pa) [Entry date 08/04/00]

8/10/00 -- several attempts have been made to send mail to attorney Roy Leonard Lucas also phone calls. Unable to contact the attorney. (rbb)