Preuter case dismissed 11/03/2020 with Pacer correction on internet (See Joe’s update)

Prueter v. Town of White Springs, Florida
Court Docket Sheet
Middle District of Florida# Date Description

11/05/2020 ORDER dismissing case with prejudice re [16] Stipulation of Dismissal; directing the Clerk to terminate all pending motions and close this case. Signed by Senior Judge Harvey E. Schlesinger on 1/3/2021

In the formal legal world, a court case that is dismissed with prejudice means that it is dismissed permanently. A case dismissed with prejudice is over and done with, once and for all, and can’t be brought back to court

10/22/2020 STIPULATION of Dismissal by David Prueter.1 Attachment ▼

10/14/2020Notice of settlement

10/05/2020 ORDER taking under advisement [11] Plaintiff’s Motion to Compel Defendant to Respond to Plaintiff’s Interrogatories to Defendant; directing parties to confer in person or via telephone; no later than 10/19/2020, after the parties confer in good faith, Plaintiff shall file a Notice advising the Court whether the issues have been resolved or otherwise narrowed. SEE ORDER FOR DETAILS. Signed by Magistrate Judge James R. Klindt on 10/5/2020.

09/22/2020 NOTICE of Appearance by Paul M. Aloise, Jr on behalf of David Prueter

09/16/2020 RESPONSE in Opposition re [11] MOTION to Compel Defendant to Respond to Plaintiff’s Interrogatories filed by Town of White Springs, Florida.

09/02/2020 MOTION to Compel Defendant to Respond to Plaintiff’s Interrogatories by David Prueter. Motions referred to Magistrate Judge James R. Klindt.

06/08/2020Notice of rescheduling hearing (time only) (Text entry; no document attached.)

06/02/2020 CASE MANAGEMENT AND SCHEDULING ORDER: Discovery due by 12/30/2020, Dispositive motions due by 1/29/2021, Final Pretrial Conference set for 5/12/2021 at 10:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger, Jury Trial set for trial term commencing 7/12/2021 at 9:30 AM in Jacksonville Courtroom 10 C before Senior Judge Harvey E. Schlesinger. Signed by Deputy Clerk on 6/2/2020.

05/05/2020Case Management Report

04/20/2020NOTICE of compliance re [4] Notice to counsel of Local Rule by David Prueter2 Attachments ▼

03/10/2020Notice of designation of track

03/09/2020Answer to Complaint03/05/2020Notice to counsel of Local Rule (Text entry; no document attached.)

03/03/2020Complaint03/02/2020Case Assigned/Reassigned (Text entry; no document attached.)

03/02/2020Notice of Removal

BACKGROUND ON PREUTER VS TOWN OF WHITE SPRINGS LAWSUIT

My understanding is that Tommie Jones and one of our councilors met with Preuter after Stacy Tebo would not follow the Council’s request to have Chief Pittman returned as our fire chief.  Instead, Ms. Tebo hired David Preuter as our fire chief.  My understanding also was that the Town was going to request Mr. Preuter to resign his position as Fire Chief because firstly, he did not have any firefighters locally to serve with him and he had not been hired as Chief for that long a period of time. He also was going to be asked to join the Fire Department under Chief Pittman.
The Town is responsible to the Citizens to provide fire protection for the Town. Mr. Prueter took over a group of people who were listed on a roster who would not and had not fought a fire in White Springs for a period of two years.  In fact, even Chief Pittman is a volunteer who only is paid when he answers calls as are the other firefighters.  So why Mr. Preuter wished to do this, is beyond our knowledge.  But it appears that what Manager Tommie Jones has told us about having a great conversation and requesting a resignation may not have allegedly happened.

Mr. Preuter stated that on November 16, 2019, he was in Clearwater Florida with his Reserve Unit participating in active duty drills pursuant to his employment with and obligations to serve in the United States Army Reserve.
Also on November 16th, a fire/emergency occurred in or near White Springs.  Despite the fact that Mr. Preuter was participating in military drills, he was contacted by the Town and asked to leave his military unit to present at the fire/emergency.  This of course was impossible for him and secondly, who in White Springs would have dared to tell Mr. Preuter to leave his military unit?  This doesn’t make sense because everyone knows Employers cannot deny promotions, seniority or other benefits because of military obligations…..and a Military Person cannot be fired for any reason other than misconduct or cause in retaliation for seeking re-employment.
But this is what is alleged by Mr. Preuter:  “As a result of his inability to leave his active duty drill assignment, the Defendant terminated Mr. Preuter’s employment.  He is stating that the Town not only discriminated against him but is claiming retaliation based on his military Status.
Uniformed Services Employment and Reemployment Rights Act guarantees the rights of military service members to take a leave of absence from their civilian jobs for active military service and to return to their jobs with accrued seniority and other employment protections.