Saito et al v. Lewis et al
| Koichi Saito and Lynnea Saito |
| Corey Lewis, Pratik Patel, Molly Emma Carey, Joseph Foster, De Cubas and Lewis, PA, State of Florida and Judge Joseph Foster |
| 2:2023cv00266 |
| April 18, 2023 |
| U.S. District Court for the Middle District of Florida |
| John L Badalamenti |
| Kyle C Dudek |
| Civil Rights: Other |
| 42 U.S.C. § 1981 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 8, 2023. A more recent docket listing may be available from PACER.
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Filing 37
ORDER denying #32 Motion to Strike. Signed by Magistrate Judge Kyle C. Dudek on 6/16/2023. (Dudek, Kyle)
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| Filing 36 RESPONSE re 31 Order filed by Molly Emma Carey, De Cubas and Lewis, PA, Corey Lewis, Pratik Patel. (Force, Steven) |
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Filing 35
ENDORSED ORDER denying as moot #15 Motion to Strike as Plaintiffs have filed an amended motion (Doc. 32) seeking the same relief. The Court will issue an order on the amended motion once the matter is ripe. Signed by Magistrate Judge Kyle C. Dudek on 6/10/2023. (Dudek, Kyle)
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Filing 34
TEXT ORDER denying Plaintiffs' Motion for Temporary Restraining Order (Doc. #33) (the "Motion for TRO") for failure to comply with the Local Rules for the Middle District of Florida and because the Motion asks for relief which this Court cannot lawfully grant. First, the Motion for TRO does not include a precise and verified description of the conduct and persons subject to restraint, any explanation of amount or form of security, a supporting legal memorandum, or a proposed order, and does not establish the requirements of a temporary restraining order as is required by the Local Rules. See M.D. Fla. R. 6.01. Second, Plaintiffs ask this Court to vacate foreclosure and eviction judgments issued by the state court, but this Court lacks subject matter jurisdiction to do so. See Harper v. Chase Manhattan Bank, 138 F. App'x 130, 132 (11th Cir. 2005) ("Under the Rooker-Feldman abstention doctrine, '[i]t is well-settled that a federal district court lacks jurisdiction to review, reverse, or invalidate a final state court decision.'"). Thus, Plaintiffs' Motion for TRO is due to be DENIED. Signed by Judge John L. Badalamenti on 6/9/2023. (LH)
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| Filing 33 MOTION for Temporary Restraining Order by Koichi Saito, Lynnea Saito. (JK) |
| Filing 32 AMENDED MOTION to Strike #12 Notice of appearance by Koichi Saito, Lynnea Saito. (Attachments: #1 Affidavit)(JK) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 31
ENDORSED ORDER. Upon review of the docket, it is not clear whether Defendants' #14 Motion to Dismiss with Prejudice was mailed to Plaintiffs. The Motion's Certificate of Service indicates the Court's CM/ECF system sent electronic notification to all case participants. (Doc. 14 at 15.) But as pro se parties, Plaintiffs may not have access to CM/ECF. Thus, by 6/16/2023, Defendants Molly Emma Carey, De Cubas and Lewis, PA, Corey Lewis, and Pratik Patel are to inform the Court of whether the #14 Motion to Dismiss was mailed to the Plaintiffs' address on record. Signed by Magistrate Judge Kyle C. Dudek on 6/9/2023. (AK)
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Filing 30
ORDER denying #28 Motion for Clerk's Default. Signed by Magistrate Judge Kyle C. Dudek on 6/8/2023. (CGW)
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| Filing 29 RESPONSE in Opposition re #15 MOTION to Strike #12 Notice of appearance filed by Molly Emma Carey, De Cubas and Lewis, PA, Corey Lewis, Pratik Patel. (Force, Steven) |
| Filing 28 MOTION for Clerk's Default against Molly Emma Carey, De Cubas and Lewis, PA, Corey Lewis, Pratik Patel by Lynnea Saito, Koichi Saito. (Attachments: #1 Exhibit, #2 Affidavit)(JK) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 27 CERTIFICATE of interested persons and corporate disclosure statement by Molly Emma Carey, De Cubas and Lewis, PA, Corey Lewis, Pratik Patel. (Force, Steven) |
| Filing 26 NOTICE of a related action per Local Rule 1.07(c) by Molly Emma Carey, De Cubas and Lewis, PA, Corey Lewis, Pratik Patel. Related case(s): Yes (Force, Steven) |
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Filing 25
ENDORSED ORDER granting #23 Motion for Extension of Time. Given Judge Foster's motion is unopposed, and the Court otherwise finding good cause, the deadline for Judge Foster to respond to the complaint is extended to June 20, 2023. Signed by Magistrate Judge Kyle C. Dudek on 5/25/2023. (Dudek, Kyle)
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| Filing 24 SUPPLEMENT Certification of Compliance re #23 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Joseph Foster (Baker, Samantha-Josephine) Modified text on 5/25/2023 (JK). |
| Filing 23 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by Joseph Foster. (Baker, Samantha-Josephine) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 22 NOTICE of a related action per Local Rule 1.07(c) by Joseph Foster, State of Florida. Related case(s): Yes (Baker, Samantha-Josephine) |
| Filing 21 CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Joseph Foster, State of Florida. (Baker, Samantha-Josephine) |
| Filing 20 NOTICE of Appearance by Samantha-Josephine Baker on behalf of Joseph Foster (Baker, Samantha-Josephine) |
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Filing 19
ENDORSED ORDER granting #17 Defendant State of Florida's Unopposed (see Doc. #18) Motion for Extension of Time to Respond to the Complaint. Given the parties' agreement, and otherwise finding good cause, the State of Florida's deadline to respond to the complaint is extended to 6/20/2023. Signed by Magistrate Judge Kyle C. Dudek on 5/19/2023. (BLW)
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| Filing 18 SUPPLEMENT Certification of Compliance with Local Rule 3.01(g) re #17 MOTION for Extension of Time to File Response/Reply as to #1 Complaint by State of Florida (Baker, Samantha-Josephine) Modified text on 5/19/2023 (JK). |
| Filing 17 MOTION for Extension of Time to File Response/Reply as to #1 Complaint, by State of Florida. (Baker, Samantha-Josephine) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 16 NOTICE of Lead Counsel Appearance by Samantha-Josephine Baker on behalf of State of Florida (Baker, Samantha-Josephine) |
| Filing 15 MOTION to Strike #12 Notice of appearance by Koichi Saito, Lynnea Saito. (Attachments: #1 Affidavit)(JK) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 14 MOTION to Dismiss Plaintiffs' Complaint With Prejudice by Molly Emma Carey, De Cubas and Lewis, PA, Corey Lewis, Pratik Patel. (Force, Steven) |
| Filing 13 SUPPLEMENT Exhibit D re #1 Complaint, by Koichi Saito, Lynnea Saito. (JK) |
| Filing 12 NOTICE of Appearance by Steven Lansing Force on behalf of Molly Emma Carey, De Cubas and Lewis, PA, Corey Lewis, Pratik Patel (Force, Steven) |
| Filing 11 RETURN of service executed on 05/04/2023 by Lynnea Saito, Koichi Saito as to Molly Emma Carey. (JK) |
| Filing 10 RETURN of service executed on 04/27/2023 by Lynnea Saito, Koichi Saito as to State of Florida. (JK) |
| Filing 9 RETURN of service executed on 05/03/2023 by Lynnea Saito, Koichi Saito as to Joseph Foster. (JK) |
| Filing 8 RETURN of service executed on 04/25/2023 by Lynnea Saito, Koichi Saito as to De Cubas and Lewis, PA. (JK) |
| Filing 7 RETURN of service executed on 04/25/2023 by Lynnea Saito, Koichi Saito as to Corey Lewis. (JK) |
| Filing 6 RETURN of service executed on 04/25/2023 by Lynnea Saito, Koichi Saito as to Pratik Patel. (JK) |
| Filing 5 SUMMONS issued as to De Cubas and Lewis, PA. (JK) |
| Filing 4 SUMMONS issued as to Molly Emma Carey, Joseph Foster, Corey Lewis, Pratik Patel, State of Florida. (JK) |
| Filing 3 CIVIL Action Order Signed by All Divisional Judges on 4/20/2023. (JK) |
| Filing 2 UNILATERAL CONSENT to trial by U.S. Magistrate Judge by Koichi Saito, Lynnea Saito. (Attachments: #1 Mailing Envelope)(JK) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand Filing fee $402, receipt number 16223 filed by Lynnea Saito, Koichi Saito. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Proposed Summons, #5 Civil Cover Sheet, #6 Mailing Envelope)(JK) |
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