Clark v. Cascio et al
Plaintiff: Noel D. Clark, Jr.
Defendant: Conner Cascio, Samantha Cascio, Carmine Marceno, Raymond R. Stobel and Zackary Gill
Case Number: 2:2021cv00811
Filed: November 2, 2021
Court: US District Court for the Middle District of Florida
Presiding Judge: Sheri Polster Chappell
Referring Judge: Nicholas P Mizell
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on April 20, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
December 29, 2021 Opinion or Order Filing 42 ENDORSED ORDER granting #39 Plaintiff Clark's unopposed motion for extension of time. By January 21, 2022, Plaintiff will file his response to Defendant Gill's motion to dismiss. Signed by Magistrate Judge Nicholas P. Mizell on 12/29/2021. (GSK)
December 28, 2021 Filing 41 CORPORATE disclosure statement by Noel D. Clark, Jr. (Attachments: #1 Mailing Envelope)(jmc)
December 28, 2021 Filing 40 Document deleted *** filed in wrong case (jmc).
December 28, 2021 Filing 39 MOTION for Extension of Time to File Response/Reply as to #27 MOTION to Dismiss Amended Complaint by Noel D. Clark, Jr. (Attachments: #1 Mailing Envelope)(jmc) Motions referred to Magistrate Judge Nicholas P. Mizell.
December 28, 2021 Filing 38 CORPORATE disclosure statement by Conner Cascio, Samantha Cascio. (jmc)
December 28, 2021 Filing 37 MOTION to Dismiss Amended Complaint #26 by Conner Cascio, Samantha Cascio. (jmc)
December 23, 2021 Filing 36 NOTICE of a related action per Local Rule 1.07(c) by Noel D. Clark, Jr. Related case(s): Yes (Attachments: #1 Mailing Envelope)(JK)
December 22, 2021 Filing 35 Disclosure of Interested Persons re #29 Order directing compliance Intial Disclosure Local Rule 3.03 by Zackary Gill (Eggers, Melissa) Modified as to docket text on 12/22/2021 (JK).
December 17, 2021 Filing 34 CORPORATE Disclosure Statement by Raymond R. Stobel. (Shearman, Robert)
December 17, 2021 Filing 33 CORPORATE Disclosure Statement by Carmine Marceno, Raymond R. Stobel. (Shearman, Robert)
December 17, 2021 Filing 32 NOTICE of a related action per Local Rule 1.07(c) by Carmine Marceno, Raymond R. Stobel. Related case(s): Yes (Shearman, Robert)
December 17, 2021 Filing 31 Amended MOTION to Dismiss Amended Complaint by Raymond R. Stobel. (Shearman, Robert)
December 17, 2021 Opinion or Order Filing 30 ENDORSED ORDER denying without prejudice Defendant's Motion to Dismiss (Doc. #28) for failure to include a compliant Local Rule 3.01(g) Certification. The parties are reminded to review the new Local Rules (effective February 1), which now require conferrals on motions to dismiss. The Court cannot overstate the importance of Local Rule 3.01(g) in helping avoid needless litigation, fostering communication between the parties, and helping to resolve disputes without court intervention. Signed by Judge Sheri Polster Chappell on 12/17/2021. (KRH)
December 16, 2021 Opinion or Order Filing 29 ORDER suspending the requirements of Local Rule 3.02 and Civil Action Order paragraph 4, which direct the parties to file a case management report within forty days after any defendant appears. Instead, the parties will file a case management report forty days after any defendant files an answer (not a Rule 12 motion) in this case. Also, by December 28, 2021, each party must file a disclosure statement. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 12/16/2021. (SM)
December 16, 2021 Filing 28 MOTION to Dismiss Amended Complaint by Raymond R. Stobel. (Shearman, Robert)
December 10, 2021 Filing 27 MOTION to Dismiss Amended Complaint (Doc.#26) by Zackary Gill. (Attachments: #1 Exhibit Order, #2 Exhibit Case Docket 12.08.21)(Eggers, Melissa) Modified on 12/13/2021, to edit docket text and docket relationships. (SPB).
December 3, 2021 Filing 26 AMENDED COMPLAINT against Conner Cascio, Samantha Cascio, Zackary Gill, Raymond R. Stobel with Jury Demand. Terminating Carmine Marceno (Sheriff) filed by Noel D. Clark, Jr.(jmc)
November 29, 2021 Opinion or Order Filing 25 ENDORSED ORDER denying as moot Defendants' Motion to Dismiss (Doc. #22) because the Court struck the operative complaint and ordered repleading (Doc. #15). See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999). Signed by Judge Sheri Polster Chappell on 11/29/2021. (KRH)
November 24, 2021 Filing 24 NOTICE of Appearance by Kyle Dudek on behalf of Carmine Marceno, Raymond R. Stobel (Dudek, Kyle)
November 24, 2021 Filing 23 NOTICE of Lead Counsel Designation by Robert C. Shearman on behalf of Carmine Marceno, Raymond R. Stobel. Lead Counsel: Robert C. Shearman. (Shearman, Robert)
November 24, 2021 Filing 22 MOTION to Dismiss Complaint by Carmine Marceno, Raymond R. Stobel. (Shearman, Robert)
November 22, 2021 Filing 21 RETURN of service executed on 11/03/2021 by Noel D. Clark, Jr as to Zackary Gill. (Attachments: #1 Mailing Envelope)(JK)
November 22, 2021 Filing 20 RETURN of service executed on 11/02/2021 by Noel D. Clark, Jr as to Raymond R. Stobel. (Attachments: #1 Mailing Envelope)(JK)
November 22, 2021 Filing 19 RETURN of service executed on 11/03/2021 by Noel D. Clark, Jr as to Carmine Marceno. (Attachments: #1 Mailing Envelope)(JK)
November 22, 2021 Filing 18 RETURN of service executed on 11/03/2021 by Noel D. Clark, Jr as to Samantha Cascio. (Attachments: #1 Mailing Envelope)(JK)
November 22, 2021 Filing 17 RETURN of service executed on 11/03/2021 by Noel D. Clark, Jr as to Conner Cascio. (Attachments: #1 Mailing Envelope)(JK)
November 22, 2021 Opinion or Order Filing 16 ENDORSED ORDER denying as moot Defendant's Motion to Dismiss (Doc. #13) because the Court struck the operative complaint and ordered repleading (Doc. #15). See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999). Signed by Judge Sheri Polster Chappell on 11/22/2021. (KRH)
November 22, 2021 Opinion or Order Filing 15 ORDERED: The Court STRIKES Plaintiff's Complaint (Doc. #1) for failure to follow the technical pleading requirements. Plaintiff must FILE an amended complaint, as directed above, on or before December 6, 2021. If Plaintiff fails to comply with this Order, the Court will close this case without further notice. Signed by Judge Sheri Polster Chappell on 11/22/2021. (AEH)
November 22, 2021 Filing 14 CERTIFICATE of compliance re #13 MOTION to Dismiss by Zackary Gill. (Eggers, Melissa)
November 22, 2021 Filing 13 MOTION to Dismiss by Zackary Gill. (Attachments: #1 Exhibit A, Order, #2 Exhibit B, Docket)(Eggers, Melissa) Modified as to docket attachment description and text on 11/23/2021 (JK).
November 22, 2021 Opinion or Order Filing 12 ENDORSED ORDER denying without prejudice Defendant's Motion to Dismiss (Doc. #11) for failure to include a compliant Local Rule 3.01(g) Certification. The parties are reminded to review the new Local Rules (effective February 1), which now require conferrals on motions to dismiss. The Court cannot overstate the importance of Local Rule 3.01(g) in helping avoid needless litigation, fostering communication between the parties, and helping to resolve disputes without court intervention. Signed by Judge Sheri Polster Chappell on 11/22/2021. (KRH)
November 18, 2021 Filing 11 MOTION to Dismiss Complaint by Conner Cascio, Samantha Cascio. (JK)
November 18, 2021 Filing 10 ANSWER and affirmative defenses to #1 Complaint by Conner Cascio, Samantha Cascio.(JK)
November 16, 2021 Filing 9 NOTICE of Appearance by Melissa Lynn Eggers on behalf of Zackary Gill (Eggers, Melissa)
November 4, 2021 Filing 8 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (SPB)
November 4, 2021 Filing 7 CIVIL Action Order. Signed by All Divisional Judges on 11/4/2021. (SPB)
November 2, 2021 Filing 6 SUMMONS issued as to Zackary Gill. (SPB)
November 2, 2021 Filing 5 SUMMONS issued as to Samantha Cascio. (SPB)
November 2, 2021 Filing 4 SUMMONS issued as to Carmine Marceno. (SPB)
November 2, 2021 Filing 3 SUMMONS issued as to Raymond R. Stobel. (SPB)
November 2, 2021 Filing 2 SUMMONS issued as to Conner Cascio. (SPB)
November 2, 2021 Filing 1 STRICKEN -- COMPLAINT against Conner Cascio, Samantha Cascio, Zackary Gill, Carmine Marceno, Raymond R. Stobel with Jury Demand Filing fee $ 402.00, receipt number FTM015542 filed by Noel D. Clark, Jr. (Attachments: #1 Civil Cover Sheet)(SPB) Modified to reflect STRICKEN per #15 Order on 11/23/2021 (JK).

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Plaintiff: Noel D. Clark, Jr.
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Defendant: Conner Cascio
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Defendant: Samantha Cascio
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Defendant: Carmine Marceno
Represented By: Robert C. Shearman
Represented By: Kyle Dudek
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Defendant: Raymond R. Stobel
Represented By: Kyle Dudek
Represented By: Robert C. Shearman
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Defendant: Zackary Gill
Represented By: Melissa Lynn Eggers
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