Bernath v. Seavey
| Daniel A. Bernath |
| Mark Cameron Seavey |
| Mark Cameron Seavey |
| Daniel A. Bernath |
| 2:2015cv00358 |
| June 16, 2015 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Lee |
| Unassigned Judge |
| Carol Mirando |
| Other Statutory Actions |
| 17 U.S.C. ยง 101 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
303
AMENDED ORDER adopting in part 270 REPORT AND RECOMMENDATIONS re 233 MOTION for miscellaneous relief, specifically filed by Mark Cameron Seavey, 260 MOTION for leave to file to file application, MOTION to file Complaint in Volusia Count y Court, Florida. Defendant American Legion's Memorandum on Requested Relief 232 and Defendant Mark Seavey's Memorandum on Damages 233 are GRANTED in part and DENIED in part. SEE REPORT AND RECOMMENDATION FOR DETAILS. Signed by Judge Sheri Polster Chappell on 12/27/2017. (LMF)
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Filing
301
ORDER re 300 Supplement filed by Daniel A. Bernath, 299 Response filed by Daniel A. Bernath. The Clerk of Court is DIRECTED to reject any future filing in this case that is not identified as a "Notice of Appeal." In the event of a rejected filing, the Clerk must make a notation on the docket containing the date of the attempted filing and indicating that the filing was rejected pursuant to this Order. Signed by Judge Sheri Polster Chappell on 12/20/2017. (LMF)
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Filing
297
PRE-SUIT INJUNCTION ORDER. (See order for details). Signed by Judge Sheri Polster Chappell on 12/11/2017. (LMF)
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Filing
276
ORDER denying 274 Plaintiff Daniel A. Bernath's Motion Recuse Article III Judge Chappell for Bias. Signed by Judge Sheri Polster Chappell on 11/14/2017. (LMF)
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Filing
266
ORDER denying 264 Plaintiff Daniel Bernath's Motion to Recuse the undersigned. Signed by Judge Sheri Polster Chappell on 10/18/2017. (LMF)
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Filing
259
ORDER adopting 255 REPORT AND RECOMMENDATIONS re 109 MOTION for miscellaneous relief, specifically Declare Plaintiff Vexatious Litigant filed by The American Legion (National), Mark Cameron Seavey. The Report and Recommendat ion 255 is ACCEPTED and ADOPTED and the findings incorporated herein. Defendants' Combined Motion to Declare Plaintiff Daniel Bernath a Vexatious Litigant 109 is GRANTED in part and DENIED in part. It is granted to the extent that the Court declares Bernath a vexatious litigant. But the motion is denied without prejudice as to Defendants' request for monetary sanctions and attorneys' fees and costs against Bernath. The Court imposes a pre-filing injunction requiring Bernath to (a) obtain leave of court before filing any new actions in this Court or any court in Florida; and (b) attach to future complaints a list of all cases previously filed involving the same, similar, or related cause of action. Signed by Judge Sheri Polster Chappell on 9/5/2017. (LMF)
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Filing
244
ORDER denying 241 Plaintiff's Motion to Strike All Pages Over 20 by Legion and Seavey in Damages Memorandum. Signed by Magistrate Judge Carol Mirando on 6/21/2017. (LS)
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Filing
242
ORDER denying 238 Plaintiff's Motion to Strike Cross-Complaint and Answer of Mark Seavey for Second, Third, Fourth, Fifth, Sixth, Seventh, Eighth and Ninth Fraud Upon the Court; denying 239 Plaintiff's Motion to Take Depositions of Treating Medical Health Providers of Mark Seavey and Others with Knowledge, construed as a Motion to Reopen Discovery. Signed by Magistrate Judge Carol Mirando on 6/14/2017. (LS)
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Filing
224
ORDER granting 221 Defendants' Time Sensitive Motion to Extend Case Management and Scheduling Order Deadlines, Waive in Person Meeting for Preparation of Joint Final Pretrial Statement, and for Leave to File Separate Final Pretrial Statemen t. Final Pretrial Conference set for 8/25/2017 at 09:30 AM in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell, Jury Trial term set for 9/5/2017 in Ft. Myers Courtroom 5D before Judge Sheri Polster Chappell. See Order for more details. Signed by Magistrate Judge Carol Mirando on 5/13/2017. (LS)
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Filing
218
ORDER granting 114 Mark Cameron Seavey's Second Motion to Compel Responses to Discovery and Incorporated Memorandum of Law; denying 154 Plaintiff's Motion to be Relieved of Admissions because there is good-cause Because of mental def icit of Plaintiff and as there is no prejudice to Defendants; denying 168 Plaintiff's Motion to Exceed Page Limit to show Plaintiff has provided 400 pages of evidence days before deposition of Plaintiff; denying 192 Plaintiff's Motion t o File Reply Brief to Set Aside DEEMED ADMITTED As pro hac vice attorney John D. Mason personally attack me and Continues to make new false statements to this Court In their Opposition. See Order for details. Signed by Magistrate Judge Carol Mirando on 5/8/2017. (LS)
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Filing
211
ORDER denying 151 "1. Motion to Strike Answer by Mark Seavey and Legion 2. Motion to Strike Cross-Complaint by Mark Seavey and Legion 3. And revoke pro hac vice status of attorney John D. Mason"; denying as moot 159 "Plaintiff h ereby makes a motion to Strike so called 'Dispositive' Motions and Oppositions to Plaintiff's Summary Judgment Motions As Defendants and cross complainants Legion and Seavey continue to Disobey Court's Order Request that pro hac v ice attorney Mason be dismissed Request US attorney be referred these multiple perjury crimes by defendants Legion and Seavey and pro hac vice attorney John D. Mason"; denying 183 "Motion to File Response to Defendants' Opposition to Strike Legion and Seavey's Answer and Cross Complaint And revoke pro hac vice status for Fraud upon the Court As defendants have made a personal attack on me And to show professional opinion of retained counsel for Plaintiff"; denying [184 ] "Motion to Strike Answer and Cross Complaint of Legion and Seavey for Repeated Refusal to Follow Court Orders Regarding Seavey and Legion's 'Filing...for leave to file...in response in opposition to plaintiff's motion to quash s ubpoena and protective order"; denying 186 Motion to Strike Opposition to Plaintiff's Motion for Protective Order Motion to Strike Seavey and Legion's Answer and Cross-Complaint for refusal to obey Court Orders"; denying 189 "Motion to File Reply to Motions to Strike Answer and Cross-Complaint of Legion and Seavey and Revoke pro hac vice status of John D. Mason for continued perjury to this Court And defendants and Mason's refusals to follow this Court's Or ders"; denying 193 "Motion to Strike Mark Cameron Seavey and American Legion Answers and Cross-complaints, Remove John D. Mason from pro hac vice status and Strike two motions for summary judgment for Defendant Seavey and Defendant American Legion's continued contempt of the court's orders, perjury and obstruction of justice." Signed by Magistrate Judge Carol Mirando on 5/4/2017. (LS)
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Filing
202
ORDER denying 160 Plaintiff's Motion Recuse [sic] Magistrate And Article III Judge Chappell For bias against Plaintiff Which a reasonable person would perceive as bias against Plaintiff And for defendants Seavey and Legion And The appearanc e of impropriety by the judicial officers; denying 185 Plaintiff's Motion to continue and postpone trial date and re-open discovery As attorney at law Eric Leckie has been retained and requires time to Consult with me, review the facts of the case and review the 3 years of evidence of torts against me; denying as moot 194 Plaintiff Bernath and Cross-Defendant Bernath's Motion Enlarge [sic] Time to Respond to anticipated (third) refilling [sic] of Summary Judgment Motions by Seavey and Legion. Signed by Magistrate Judge Carol Mirando on 4/3/2017. (LS)
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Filing
180
ORDER denying without prejudice 177 and 178 Defendants Mark Cameron Seavey and The American Legion's Motions for Summary Judgment. Defendants may file an amended motion for summary judgment that complies with the Court's procedures on or before March 20, 2017. Plaintiff Daniel A. Bernath may file a response thereto within fourteen (14) days of service of Defendants' amended motions for summary judgment. Signed by Judge Sheri Polster Chappell on 3/13/2017. (LMF)
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Filing
163
ORDER denying as moot 117 Plaintiff's Motion to Dismiss Defendant Seavey and Legion Answer to Complaint. Plaintiff's Motion for Judgment on the Pleadings 118 is DENIED. Defendant Seavey's Motion to Strike Plaintiff's Moti on for Summary Judgment on Copy Right Infringement, only 124 is GRANTED. The Clerk is directed to STRIKE Plaintiff's Motion for Summary Judgment Copyright Infringement Cause of Action 121 . Defendant Seavey's Motion to Strike Plaintiff& #039;s Motion for Summary Judgment on Seavey's Counterclaims 125 is GRANTED. The Clerk is directed to STRIKE Plaintiff's Motion for Summary Judgment against Cross-complaint of Mark Seavey 122 . Plaintiff's Motion for Summary Judgme nt Copyright Infringement Cause of Action 127 is DENIED as duplicative. The Clerk of Court is directed to STRIKE Plaintiff's Motion for Summary Judgment Copyright Infringement Cause of Action 127 . Plaintiff's Notice of Motion and Moti on to Exceed Page Limit for Summary Judgment Motion 133 is DENIED. Defendants' Joint Motion for Summary Judgment on Plaintiff's Copyright Infringement Claims and American Legion's Motion for Summary Judgment for Declaratory Judgment on Copyright Infringement 136 is DENIED without prejudice. Defendants' Joint Motion for Summary Judgment on Plaintiff's Intentional Infliction of Emotional Distress Claim and American Legion's Motion for Summary Judgment for Declara tory Judgment on Plaintiff's Claim of Intentional Infliction of Emotional Distress 137 is DENIED without prejudice. Defendant American Legion's Motion for Summary Judgment for Copyright Infringement, Cybersquatting, and Violation of Feder al Statues Regarding Emblem and Name of American Legion 138 is DENIED without prejudice. Defendants' Joint Verified Motion for Summary Judgment for Libel and Defamation per se 139 is DENIED without prejudice. The parties may file amended mot ions for summary judgment that comply with this Order, the Federal Rules of Civil Procedure, and Middle District of Florida Local Rules on or before March 9, 2017. Responses to any dispositive motions are due on or before March 23, 2017. Signed by Judge Sheri Polster Chappell on 2/23/2017. (LMF)
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Filing
146
ORDER denying 89 The American Legion's Notice of Filing Verified Motion and Memorandum of Law for Rule 11 and 28 U.S.C. 1927 Sanctions Against Plaintiff Daniel Bernath; denying as moot 94 Plaintiff's Opposition to 2nd Motion for Rule 11 filed by Am. Legion on 10/5/2016 Notice of Motion and Motion to Strike Affidavit of American Legion lawyer "Phillip B. Onderdonk, Esq." Opposition to Rule 11 Motion Motion (sic) to Strike all pages over 25 of American Legion Motion Rule 11; 28 USC 1927; denying as moot 95 Plaintiff's Notice of Motion and Motion to Strike Affidavit of American Legion lawyer "Philip B. Onderdonk, Jr. Esq." Opposition to Rule 11 Motion Motion to Strike all pages over 25 of American Legion Motion Rule 11; 28 USC 1927; denying 106 Plaintiff's Motion for Sanctions Against American Legion and Mark Seavey. Signed by Magistrate Judge Carol Mirando on 2/15/2017. (LS)
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Filing
142
ORDER denying 104 Plaintiff's Motion to Disqualify Magistrate Judge Carol Mirando for apparent bias and prejudging issues before facts are presented; denying 107 Plaintiff's Motion to Recuse Judge Mirando Additional Evidence of Reas onable Person could see that that Magistrate Judge Mirando is biased against Plaintiff Bernath and his cause; taking under advisement 114 Mark Cameron Seavey's Second Motion to Compel Responses to Discovery and Incorporated Memorandum of Law; granting 115 Plaintiff's Motion to Continue Completion of Mediation for 45 days; denying 116 Plaintiff's Motion that Court Rule on Previous Motion Made By Plaintiff/Cross Defendant Notice of Motion and Motion to Strike Answer and/or Exh ibits of Mark C. Seavey Fed. R. Civ. P. 12(f); denying 119 Combined Motion of the American Legion and Mark Cameron Seavey to Forego Mediation. Plaintiff shall show cause in writing on or before February 24, 2017 why he should not be sanctioned for not complying with the Court's Order (Doc. 101). See Order for details. Signed by Magistrate Judge Carol Mirando on 2/13/2017. (LS)
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Filing
112
ORDER granting in part and denying in part 100 The American Legion and Mark Cameron Seavey's Motion to Extend Scheduling Order Deadlines. An Amended Case Management and Scheduling Order will be entered under separate cover. Signed by Magistrate Judge Carol Mirando on 1/10/2017. (LS)
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Filing
101
ORDER granting in part and denying in part 78 Defendant, Mark Cameron Seavey's, Motion to Compel Initial Disclosures and Responses to Discovery and Incorporated Memorandum of Law; denying 79 Plaintiff's Opposition to Motion to Compel , construed partially as a Motion for Recusal; granting in part and denying in part 98 Motion of the American Legion to Compel Responses to Discovery and Incorporated Memorandum of Law. Plaintiff also is ORDERED TO SHOW CAUSE in writing on or before December 12, 2016 why he should not be sanctioned for misrepresenting to the Court that he is unable to engage in telephone communications. See Order for details. Signed by Magistrate Judge Carol Mirando on 12/1/2016. (LS)
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Filing
88
ORDER granting Defendant-Intervenor The American Legion's Motion to Dismiss Plaintiff's Cross-Complaint or, Alternatively, Motion to Strike (Doc. #77). Signed by Judge Sheri Polster Chappell on 9/30/2016. (CMC)
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Filing
84
ORDER granting 82 Defendant American Legion's Motion to Strike Plaintiff's Opposition to Motion to Dismiss and Rule 11 Motion, or, Alternatively, For Leave to File a Reply Thereto 82 to the extent that American Legion may file a reply brief, which does not exceed five (5) pages in length, on or before September 12, 2016. Signed by Judge Sheri Polster Chappell on 8/30/2016. (LMF)
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Filing
66
ORDER granting 53 Motion of the American Legion for Leave to Intervene as Defendant and Counter-Plaintiff Under Rule 24. The Clerk is directed to file Answer and Counterclaims of Defendant-Intervenor and Counter-Plaintiff the American Legion (Doc. 53-1) under separate docket entry. Plaintiff shall have twenty-one (21) days in which to respond to the American Legion's counterclaims. See Order for more details. Signed by Magistrate Judge Carol Mirando on 5/2/2016. (LS)
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Filing
45
ORDER granting 42 Defendant's Motion for Enlargement of Case Management and Mandatory Initial Disclosure Deadlines and Continuance of Preliminary Pretrial Conference. The parties shall have up to and including October 20, 2015 during whic h to complete the required case management meeting. The parties' mandatory Rule 26(a)(1)(A) disclosures shall be due within fourteen (14) days of the case management meeting, or no later than November 3, 2015.The Preliminary Pretrial Conference currently set for September 28, 2015 is cancelled and will be rescheduled by separate notice. Signed by Magistrate Judge Carol Mirando on 9/14/2015. (ALB)
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Filing
38
ORDER denying as moot 23 Motion to Strike ; denying as moot 24 Motion to Strike ; denying as moot 25 Motion to Strike. Signed by Judge Sheri Polster Chappell on 8/18/2015. (LMF)
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Filing
19
ORDER taking under advisement 6 Motion for John D. Mason to Appear Pro Hac Vice; granting in part 16 Defendant's Motion to Strike Plaintiff's Supplemented Opposition to Motion for John D. Mason to Appear Pro Hac Vice or, Alternative ly, for Leave to File a Reply Thereto. Defendant may file a reply, not to exceed five (5) pages in length, on or before July 24, 2015. The Clerk of Court is directed to STRIKE 14 Plaintiff's Opposition in part and 15 Plaintiff's Supplement in its entirety. See Order for details. Signed by Magistrate Judge Carol Mirando on 7/20/2015. (ALB)
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