Berry v. Smith et al
| Shawn Michael Berry |
| Officer Taylor Smith and City of Punta Gorda |
| 2:2025cv00299 |
| April 14, 2025 |
| U.S. District Court for the Middle District of Florida |
| Nicholas P Mizell |
| John E Steele |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 15, 2026. A more recent docket listing may be available from PACER.
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Filing 37
NOTICE of a related action per Local Rule 1.07(c) by City of Punta Gorda, Taylor Smith. Related case(s): Yes (Jadon, David)
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Filing 36
NOTICE of a related action per Local Rule 1.07(c) by Shawn Michael Berry. Related case(s): Yes. (RLD)
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Filing 35
TEXT ORDER directing compliance. During the Rule 16 conference, the parties were given two additional weeks to submit a related case notice, as called for in the civil action order, summarizing the claims and procedural posture of any open or closed cases related to this matter (Doc. #3 at 5-6; Doc. #19). The parties failed to do so. They must promptly file the notice, or by October 7, 2025, show cause why they should not be sanctioned for failing to comply with the court's local rules and orders. As this is now the third time the parties have been ordered to submit this notice, they must do a better job of adhering to the court's rules and orders. Signed by Magistrate Judge Nicholas P. Mizell on 9/23/2025. (TLP)
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Filing 34
ORDER denying #21 plaintiff's emergency motion to reinstate access to the court's electronic filing system. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 9/22/2025. (TLP)
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Filing 33
ENDORSED ORDER denying as moot #29 plaintiff's motion to compel a case management and scheduling order as a CMSO has been issued. Signed by Magistrate Judge Nicholas P. Mizell on 9/11/2025. (TLP)
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Filing 31
CASE MANAGEMENT AND SCHEDULING ORDER: Dispositive motions due by 8/28/2026 Final Pretrial Conference set for 2/26/2027 at 09:00 AM before Judge John E. Steele Jury Trial term 3/1/2027 at 09:00 AM before Judge John E. Steele Conduct mediation hearing by 8/7/2026. Lead counsel to coordinate dates. Signed by Magistrate Judge Nicholas P. Mizell on 9/10/2025. (WRW)
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Filing 30
TEXT ORDER. As discussed during the Rule 16 conference, Rule 26 discovery and disclosures are stayed pending the court's disposition of defendants' motion to dismiss. (Doc. #25). Signed by Magistrate Judge Nicholas P. Mizell on 9/9/2025. (TLP)
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Filing 29
MOTION to Compel (Emergency) Issuance of Case Management and Scheduling Order by Shawn Michael Berry.(night box filed) (RLD) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 28
ENDORSED ORDER granting #26 plaintiff's motion to receive electronic notification. The clerk is DIRECTED to add plaintiff's email ([email protected]) to the docket and send all future notices of electronic filing to this email address. Plaintiff must frequently check his email, as the clerk's office will no longer mail paper copies. Signed by Magistrate Judge Nicholas P. Mizell on 8/29/2025. (TLP)
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Filing 27
RESPONSE in Opposition re #25 MOTION to Dismiss Second Amended Complaint filed by Shawn Michael Berry. (MGB)
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Filing 26
MOTION for Miscellaneous Relief, specifically To Receive Electronic Notification by Shawn Michael Berry. (MGB) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 25
MOTION to Dismiss Second Amended Complaint by City of Punta Gorda, Taylor Smith. (Jadon, David)
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Filing 24
NOTICE of Pattern of Non-Compliance and Prejudice to Plaintiff by Shawn Michael Berry (MGB)
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Filing 23
Second AMENDED COMPLAINT against City of Punta Gorda, Taylor Smith with Jury Demand. filed by Shawn Michael Berry. Related document: #14 Amended Complaint filed by Shawn Michael Berry. (Attachments: #1 Exhibit)(MGB)
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Filing 22
ORDER granting #17 Motion to Dismiss. Signed by Judge John E. Steele on 7/31/2025. (JGM)
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Filing 21
MOTION for Miscellaneous Relief, specifically Emergency Motion to Reinstate Electronic Access and to Preserve Procedural Integrity for Pro Se Plaintiff by Shawn Michael Berry. (e-portal) (JTM) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 20
RESPONSE in Opposition re #17 MOTION to Dismiss Amended Complaint filed by Shawn Michael Berry. (e-portal). (JTM)
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Filing 19
Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: granting 18 Motion for Extension of Time to File Related Case Notice; Rule 16(b) Conference held on 7/7/2025. (digital) (WRW)
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Filing 18
JOINT ORAL MOTION for Extension of Time to File Related Case Notice. (WRW) Motions referred to Magistrate Judge Nicholas P. Mizell.
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Filing 17
MOTION to Dismiss Amended Complaint by All Defendants. (Jadon, David)
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Filing 16
CASE MANAGEMENT REPORT. (Jadon, David)
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Filing 15
ORDER denying as moot #13 Motion to Dismiss. Signed by Judge John E. Steele on 6/12/2025. (JGM)
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Filing 14
AMENDED COMPLAINT against City of Punta Gorda, Taylor Smith with Jury Demand. filed by Shawn Michael Berry. (e-portal) Related document: #1 Complaint filed by Shawn Michael Berry.(JTM)
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Filing 13
MOTION to Dismiss Complaint by All Defendants. (Jadon, David)
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Filing 12
NOTICE of hearing: IN PERSON Rule 16(b) Conference set for 7/7/2025 at 11:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell. A case management report to be filed by 6/23/2025.(WRW)
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Filing 11
DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by City of Punta Gorda, Taylor Smith. (Jadon, David)
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Filing 10
NOTICE of Lead Counsel Designation by David Jadon on behalf of City of Punta Gorda, Taylor Smith. Lead Counsel: David R. Jadon. (Jadon, David)
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Filing 9
CERTIFICATE of interested persons and corporate disclosure statement by Shawn Michael Berry. (e-portal). (JTM)
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Filing 8
TEXT ORDER: Local Rule 3.03 requires that, with the first appearance, each party must file a disclosure statement using the standard form from the clerk or the court's website. Plaintiff failed to do so. By May 19, 2025, plaintiff must file his disclosure statement using the standard form, which can be found at: https://www.flmd.uscourts.gov/form/disclosure-statement. Signed by Magistrate Judge Nicholas P. Mizell on 5/5/2025. (TLP)
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Filing 7
RETURN of service executed on 4/21/2025 as to City of Punta Gorda. (ABM)
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Filing 6
RETURN of service executed on 4/23/2025 by Shawn Michael Berry as to Taylor Smith. (Attachments: #1 Mailing Envelope)(JTM)
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Filing 5
CERTIFICATE of interested persons and corporate disclosure statement by Shawn Michael Berry. (e-portal)(JTM)
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Filing 4
SUMMONS returned unexecuted by Shawn Michael Berry as to City of Punta Gorda, Taylor Smith. (e-portal) (JTM)
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Filing 3
CIVIL Action Order Signed by All Divisional Judges on 4/16/2025. (WRW)
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Filing 2
SUMMONS issued as to City of Punta Gorda and Taylor Smith. (MGB)
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Filing 1
COMPLAINT against City of Punta Gorda and Taylor Smith, Filing fee $405.00, receipt number OCA-13923, filed by Shawn Michael Berry. (One service copy provided) (Attachments: #1 Civil Cover Sheet)(MGB)
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