Sheets v. Presseller et al
Plaintiff: Andrew Bryant Sheets
Defendant: The Downtown Merchants Committe of Punta Gorda, Inc, Officer David Joseph Lipker, City of Punta Gorda and Jerry Presseller
Case Number: 2:2024cv00495
Filed: May 29, 2024
Court: US District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Kyle C Dudek
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1981 Civil Rights
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on December 9, 2024. A more recent docket listing may be available from PACER.

Date Filed Document Text
July 26, 2024 Filing 28 CASE MANAGEMENT REPORT. (Jadon, David)
July 26, 2024 Opinion or Order Filing 27 TEXT ORDER denying as moot #22 Defendant's Motion to Dismiss, in light of the filing of #23 Defendant Jerry Presseller's Amended Motion to Dismiss. Signed by Judge John L. Badalamenti on 7/26/2024. (BPC)
July 25, 2024 Filing 26 NOTICE OF RESCHEDULING IN PERSON HEARING: The Rule 16(b) Conference hearing previously scheduled for 8/5/24 is rescheduled. New scheduling date and time: Rule 16(b) Conference set for 8/26/2024 at 11:00 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. (CGW)
July 24, 2024 Opinion or Order Filing 25 ENDORSED ORDER granting in part and denying in part #21 Unopposed Motion to Dispense with or Reschedule Scheduling Conference. The Court will cancel the pending Rule 16 conference and reschedule for a later date. A separate notice will follow. The motion is denied to the extent it seeks any different relief. Signed by Magistrate Judge Kyle C. Dudek on 7/24/2024. (Dudek, Kyle)
July 24, 2024 Filing 24 CASE MANAGEMENT REPORT filed by Andrew Bryant Sheets. (e-portal) (JK)
July 24, 2024 Filing 23 AMENDED MOTION to Dismiss Amended Complaint by Jerry Presseller. (Eschenfelder, Robert) Modified text on 7/24/2024 (JK).
July 24, 2024 Filing 22 MOTION to Dismiss Motion for Judicial Notice and Dispositive Motion to Dismiss Count I by Jerry Presseller. (Eschenfelder, Robert)
July 24, 2024 Filing 21 Unopposed MOTION to Dispense with or Reschedule Scheduling Conference by Jerry Presseller. (Eschenfelder, Robert) Motions referred to Magistrate Judge Kyle C. Dudek. Modified case event and text on 7/24/2024 (JK).
July 17, 2024 Opinion or Order Filing 20 TEXT ORDER denying as moot #8 Motion to Dismiss for Failure to State a Cause of Action by Jerry Presseller, #13 City of Punta Gorda's Motion to Dismiss Plaintiff's Complaint, and #14 Officer Lipker's Motion to Dismiss Plaintiff's Complaint, in light of the filing of Plaintiff's #18 Amended Complaint and Demand for Jury Trial. Signed by Judge John L. Badalamenti on 7/17/2024. (BPC)
July 16, 2024 Filing 19 NOTICE of Lead Counsel Designation by Robert M. Eschenfelder on behalf of Jerry Presseller. Lead Counsel: Robert M. Eschenfelder. (Eschenfelder, Robert)
July 15, 2024 Filing 18 AMENDED COMPLAINT against City of Punta Gorda, David Joseph Lipker, Jerry Presseller, The Downtown Merchants Committe of Punta Gorda, Inc with Jury Demand. filed by Andrew Bryant Sheets. Related document: #1 Complaint, filed by Andrew Bryant Sheets. (e-portal)(JK)
June 27, 2024 Filing 17 CERTIFICATE of interested persons and corporate disclosure statement re 16 Order to Strike by City of Punta Gorda, David Joseph Lipker. (Jadon, David)
June 27, 2024 Opinion or Order Filing 16 ENDORSED ORDER. Local Rule 3.03 requires that each party file a disclosure statement using the standard form from the clerk or the court's website. However, in filing Defendants City of Punta Gorda and David Lipker's disclosures, they used an outdated form. As such, the paper is deemed stricken, and the clerk is directed to delete Doc. 15 from the CM/ECF docket. By 14 days from this order, those the City and Lipker must refile the disclosure using the proper form, which can be found at: https://www.flmd.uscourts.gov/form/disclosure-statement. Signed by Magistrate Judge Kyle C. Dudek on 6/27/2024. (BLW)
June 26, 2024 Filing 15 STRICKEN per 16 Order; CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by City of Punta Gorda, David Joseph Lipker. (Jadon, David) Modified on 6/27/2024 to edit docket text and remove PDF (JDR).
June 26, 2024 Filing 14 MOTION to Dismiss Plaintiff's Complaint by David Joseph Lipker. (Jadon, David)
June 26, 2024 Filing 13 MOTION to Dismiss Plaintiff's Complaint by City of Punta Gorda. (Jadon, David)
June 24, 2024 Filing 12 RETURN of service executed on 06/15/2024 by Andrew Bryant Sheets as to David Joseph Lipker. (e-portal - redacted per Chambers) (JK)
June 21, 2024 Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order by Andrew Bryant Sheets. (e-portal) (JK)
June 21, 2024 Filing 10 RESPONSE to Motion re #8 MOTION to Dismiss For Failure To State a Cause of Action filed by Andrew Bryant Sheets. (e-portal) (JK)
June 21, 2024 Filing 9 NOTICE of hearing: IN PERSON Rule 16(b) Conference set for 8/5/2024 at 11:00 AM in Ft. Myers Courtroom 4 E before Magistrate Judge Kyle C. Dudek. Case Management Report due by 7/28/2024. (CGW)
June 17, 2024 Filing 8 MOTION to Dismiss For Failure To State a Cause of Action by Jerry Presseller. (Attachments: #1 Mailing Envelope)(LF)
June 12, 2024 Filing 7 RETURN of service executed on 06/05/2024 by Andrew Bryant Sheets as to City of Punta Gorda. (Attachments: #1 Mailing Envelope)(JK)
June 12, 2024 Filing 6 SUMMONS returned unexecuted by Andrew Bryant Sheets as to David Joseph Lipker. (Attachments: #1 Mailing Envelope)(JK)
June 12, 2024 Filing 5 RETURN of service executed on 06/03/2024 by Andrew Bryant Sheets as to The Downtown Merchants Committe of Punta Gorda, Inc. (Attachments: #1 Mailing Envelope)(JK)
June 12, 2024 Filing 4 RETURN of service executed on 06/03/2024 by Andrew Bryant Sheets as to Jerry Presseller. (Attachments: #1 Mailing Envelope)(JK)
May 30, 2024 Filing 3 CIVIL Action Order. Signed by All Divisional Judges on 5/30/2024. (CGW)
May 29, 2024 Filing 2 SUMMONS issued as to City of Punta Gorda, David Joseph Lipker, Jerry Presseller, The Downtown Merchants Committe of Punta Gorda, Inc. (JK)
May 29, 2024 Filing 1 COMPLAINT against City of Punta Gorda, David Joseph Lipker, Jerry Presseller, The Downtown Merchants Committe of Punta Gorda, Inc with Jury Demand Filing fee $405, receipt number 16627 filed by Andrew Bryant Sheets. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(JK)

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Defendant: The Downtown Merchants Committe of Punta Gorda, Inc
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Defendant: Officer David Joseph Lipker
Represented By: David Jadon
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Defendant: City of Punta Gorda
Represented By: David Jadon
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Defendant: Jerry Presseller
Represented By: Robert M. Eschenfelder
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Plaintiff: Andrew Bryant Sheets
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