Wittgenfeld et al v. Lockett et al
| Dallas Wittgenfeld and Daniel A. Bernath |
| Robert Lockett, Diane Shipley, Don Shipley and Extreme Seal Adventures |
| 2:2017cv00202 |
| February 8, 2017 |
| US District Court for the Middle District of Florida |
| Ft. Myers Office |
| Volusia |
| Unassigned Judge |
| Mac R. McCoy |
| Personal Injury- Product Liability |
| 28 U.S.C. ยง 1332 |
| Plaintiff |
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The following documents for this case are available for you to view or download:
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Filing
70
ORDER dismissing case. This action is DISMISSED without prejudice for failure to prosecute. The Clerk shall terminate all previously scheduled deadlines and pending motions, and close the file. Signed by Judge Sheri Polster Chappell on 5/9/2018. (LMF)
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Filing
68
ORDER re 67 Suggestion of filed by Robert Lockett. This case is stayed for a period of NINETY (90) DAYS from the date of this Order. Upon expiration of this deadline, and without further notice, the case will be deemed voluntarily dismissed without prejudice, and the case closed. The Clerk is directed to add a stay flag to the docket. Plaintiffs' Motion for Service by Mail (Doc. 46), Motions to Compel (Doc. 49 , Doc. 51 ), and Motion for Leave to File Third Amended Complaint ( Doc. 63) are DENIED WITHOUT PREJUDICE. Plaintiff Bernath's Motion to Continue Trial Dates (Doc. 65 ) is DENIED AS MOOT. The Clerk shall send a copy of this Order to Martha M. Wong, as the surviving spouse of Daniel A. Bernath, at 1319 Kingswoo d Court, Fort Myers, Florida, 33919. The Clerk is further directed to update the docket to terminate the last known address for Daniel A. Bernath of Chesapeake Correctional Center without sending a copy of this Order to that address, and update the address to 1319 Kingswood Court, Fort Myers, Florida, 33919.Signed by Judge Sheri Polster Chappell on 1/31/2018. (LMF)
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Filing
45
ORDER denying 43 the filing by Don Shipley, which the Court construes as a Motion for Reconsideration of the Court's June 15, 2017 Order (Doc. 39 ). See Order for details. Signed by Magistrate Judge Mac R. McCoy on 6/29/2017. (JTM)
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Filing
39
ORDER granting 33 Plaintiffs' Motion for Extension of Time to Serve Diane Shipley and Don Shipley; and denying without prejudice 34 Plaintiffs' Second Motion for Entry of Clerk's Default Against Extreme Seal Adventures. Plain tiffs must demonstrate that Defendants Diane Shipley, Don Shipley, and Extreme Seal Adventures were properly served no later than July 28, 2017. The filing (Doc. 37 ) is stricken. The Clerk of Court is directed to indicate on the docket that the filing (Doc. 37 ) is stricken pursuant to this Order. See Order for details. Signed by Magistrate Judge Mac R. McCoy on 6/15/2017. (JTM)
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Filing
29
ORDER denying without prejudice 26 Motion for Entry of Clerk's Default. Plaintiffs must demonstrate that Defendants Diane Shipley, Don Shipley, and Extreme Seal Adventures were properly served no later than June 9, 2017. Failure to comply with this Order may result in Defendants Diane Shipley, Don Shipley, and Extreme Seal Adventures being dismissed from this action pursuant to Fed. R. Civ. P. 4(m) for failure to timely serve Defendants. Signed by Magistrate Judge Mac R. McCoy on 5/18/2017. (JTM)
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