Pepe v. Villalobos et al
| Thomas Pepe |
| Saul B Villalobos, Khaleeb Hoover, Steven Pepe, Luke Lajgi, Christopher DeCosta, Stephen C Rubino and Kim Hubert |
| 2:2025cv00564 |
| June 30, 2025 |
| U.S. District Court for the Middle District of Florida |
| John L Badalamenti |
| Douglas N Frazier |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| None |
Docket Report
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| Pursuant to F.R.A.P. 11(c), the Clerk of the District Court for the Middle District of Florida certifies that the record is complete for the purposes of this appeal re: #39 Notice of Appeal. All documents are imaged and available for the USCA to retrieve electronically. USCA number: 25-13560. (JTM) |
| Filing 40 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #39 Notice of Appeal. (JTM) |
| Filing 39 NOTICE OF APPEAL as to #36 Order on Report and Recommendations, by Thomas Pepe. Filing fee not paid. (JTM) |
| Filing 38 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. The attorney listed shall file a notice of compliance within fourteen days. Failure to comply with this notice within fourteen days will result in counsel being terminated from the docket sheet without further notice. (Signed by Deputy Clerk). (MCB) |
| Filing 37 JUDGMENT entered dismissing amended complaint with prejudice. Signed by Deputy Clerk on 9/18/2025. (MCB) |
Filing 36
ORDER. The Magistrate Judge's Report and Recommendation (Doc. #29) is ADOPTED and made a part of this Order for all purposes. Plaintiff's Objection to the Report and Recommendation (Doc. #34) is DENIED. Accordingly, Plaintiff's Amended Complaint (Doc. #26) is DISMISSED with prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate any pending motions and deadlines, and close the file. Signed by Judge John L. Badalamenti on 9/16/2025. (SV)
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| Filing 35 Case Reassigned to Magistrate Judge Douglas N. Frazier. New case number: 2:25-cv-564-JLB-DNF. Magistrate Judge Kyle C. Dudek no longer assigned to the case. (AJS) |
| Filing 34 OBJECTION re #29 REPORT AND RECOMMENDATIONS re #26 Amended Complaint, and Request for Leave to Amend if Necessary for filed by Thomas Pepe. (Attachments: #1 Mailing Envelope)(JTM) |
| Filing 33 Plaintiff's Procedural Clarification and Demand for Screening of Operative Complaint by Thomas Pepe (Attachments: #1 Mailing Envelope)(JTM) |
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Filing 32
TEXT ORDER. The Clerk of Court is DIRECTED to strike Plaintiff's Second Amended Complaint (Doc. #31) for failure to comply with Federal Rule of Civil Procedure 15(a), providing that "[a] party may amend its pleading once as a matter of course no later than... 21 days after service of a motion under Rule 12(b), (e), or (f)." In all other circumstances, "a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a). Signed by Judge John L. Badalamenti on 8/15/2025. (SV)
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| Filing 31 ***STRICKEN PER ORDER 32*** Second AMENDED COMPLAINT against Christopher DeCosta, Khaleeb Hoover, Kim Hubert, Luke Lajgi, Steven Pepe, Stephen C Rubino, Saul B Villalobos filed by Thomas Pepe. Related document: #26 Amended Complaint, filed by Thomas Pepe. (Attachments: #1 Mailing Envelope)(JTM) Modified text on 8/19/2025 (MCB). |
| Filing 30 NOTICE Regarding Duplicate Filings and Clarification of Record by Thomas Pepe (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 29 REPORT AND RECOMMENDATION re #26 Amended Complaint filed by Thomas Pepe. It is RECOMMENDED that Plaintiff's amended complaint (Doc. 26) be dismissed, and the case closed. Signed by Magistrate Judge Kyle C. Dudek on 8/13/2025. (CGW) |
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Filing 28
ORDER denying #27 Plaintiff's Motion to "lift the service stay... and allow service of the Amended Complaint filed August 5, 2025." Plaintiff's latest pleading must be reviewed under 28 U.S.C. 1915(e), which has yet to occur. The Court will issue service when (and if) the complaint is found sufficient. Signed by Magistrate Judge Kyle C. Dudek on 8/11/2025. (CGW)
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| Filing 27 MOTION for Miscellaneous Relief, specifically to Lift Stay and Permit Service of Amended Complaint by Thomas Pepe. (Attachments: #1 Mailing Envelope)(JTM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 26 AMENDED COMPLAINT against Christopher DeCosta, Khaleeb Hoover, Kim Hubert, Luke Lajgi, Steven Pepe, Stephen C Rubino, Saul B Villalobos filed by Thomas Pepe. Related document: #1 Complaint filed by Thomas Pepe. (Attachments: #1 Attachments, #2 Mailing Envelope)(JTM) |
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Filing 25
ORDER denying #21 Motion to Expedite. Signed by Magistrate Judge Kyle C. Dudek on 8/4/2025. (Dudek, Kyle)
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| Filing 24 DECLARATION of Thomas Pepe by Thomas Pepe. (eportal) (LF) |
| Filing 23 NOTICE of Filing Exhibits A-K in Support of Motion to Take Judicial Notice #19 by Thomas Pepe. (Attachments: #1 Exhibit List) (eportal)(LF) |
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Filing 20
ORDER denying #19 Motion to "take judicial notice" of several documents. The motion is DENIED for the same reasons as before. Plaintiff has not satisfied the requirements of Rule 201. He has not shown that the attached records and documents establish facts that are either uncontested or "generally known within the trial court's territorial jurisdiction." Fed. R. Evid. 201(b)(1). Signed by Magistrate Judge Kyle C. Dudek on 7/31/2025. (CGW)
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| Filing 19 MOTION for Miscellaneous Relief, specifically Motion for Judicial Notice and Rule 60(d)(3) Relief for Fraud Upon the Court by Thomas Pepe. (LF) Motions referred to Magistrate Judge Kyle C. Dudek. (eportal) |
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Filing 17
ORDER denying #15 Plaintiff's Motion for Judicial Notice. Signed by Magistrate Judge Kyle C. Dudek on 7/28/2025. (CGW)
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| Filing 18 NOTICE of Submission of Evidence by Thomas Pepe- (e-portal). (Attachments: #1 Attachments)(JTM) |
| Filing 22 Objection to Court Procedures, Contract Fraud, and Jurisdictional Abuse by Thomas Pepe. (e-portal) (Attachments: #1 Attachment 1, #2 Attachment 2)(JTM) |
| Filing 21 MOTION to Expedite by Thomas Pepe. (e-portal) (JTM) Motions referred to Magistrate Judge Kyle C. Dudek. |
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Filing 13
ORDER denying #12 Plaintiff's Motion to "issue an order denying judicial immunity to Defendant Judge Michael McHugh." The motion is DENIED because Judge McHugh is not a defendant. What is more, even if he were a party, the Court cannot perfunctorily revoke his judicial immunity. "[J]udicial immunity is an affirmative defense" that must be addressed on the merits. Mordkofsky v. Calabresi, 159 F. App'x 938, 939 (11th Cir. 2005). Signed by Magistrate Judge Kyle C. Dudek on 7/24/2025. (CGW)
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| Filing 16 DECLARATION of Thomas Pepe by Thomas Pepe.(e-portal) (Attachments: #1 Attachments)(JTM) |
| Filing 15 MOTION for Miscellaneous Relief, specifically for Judicial Notice Red Alert No Emoji by Thomas Pepe. (e-portal) (JTM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 14 NOTICE by Thomas Pepe. (e-portal). (Attachments: #1 Attachments)(JTM) |
| Filing 12 MOTION for Miscellaneous Relief, specifically to Deny Judicial Immunity for Defendant Judge Michael McHugh by Thomas Pepe. (e-portal) (Attachments: #1 Text of Proposed Order)(JTM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 11 NOTICE by Thomas Pepe. (e-portal). (JTM) |
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Filing 10
ORDER granting #7 Motion to Proceed In Forma Pauperis. The Court stays the service-of-process provision in 28 U.S.C. 1915(d) and service-of-process period in Federal Rule of Civil Procedure 4(m) until further order; and Plaintiff must file an amended complaint that complies with this Order by August 17, 2025. Failure to do so will result in a recommendation that this case be dismissed. Signed by Magistrate Judge Kyle C. Dudek on 7/18/2025. (CGW)
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| Filing 9 NOTICE by Thomas Pepe. (e-portal). (Attachments: #1 Attachments)(JTM) |
| Filing 8 NOTICE by Thomas Pepe. (e-portal). (Attachments: #1 Attachments)(JTM) (Additional attachment(s) added on 7/15/2025: #2 Attachment 2) (JTM). |
| Filing 7 MOTION to Proceed In Forma Pauperis by Thomas Pepe. (e-portal) (Attachments: #1 Affidavit)(JTM) Motions referred to Magistrate Judge Kyle C. Dudek. (Additional attachment(s) added on 7/15/2025: #2 Affidavit 2) (JTM). |
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Filing 6
ORDER denying without prejudice #3 Motion to Proceed In Forma Pauperis. By August 1, 2025, Plaintiff must complete and file a long-form IFP application (AO Form 239), which is available on the Court's website. Alternatively, by that date, Plaintiff may pay the filing fee. Signed by Magistrate Judge Kyle C. Dudek on 7/9/2025. (CGW)
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| Filing 5 CIVIL Action Order. Signed by All Divisional Judges on 7/2/2025. (CGW) |
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Filing 4
TEXT ORDER denying Plaintiff's #2 Motion for Preliminary Injunction for failure to comply with the Local Rules for the Middle District of Florida. The request for preliminary injunction does not include any explanation of amount or form of security, a supporting legal memorandum, or a proposed order, and it does not establish the requirements of a temporary restraining order as required by the Local Rules. See M.D. Fla. Loc. R. 6.01, 6.02. Signed by Judge John L. Badalamenti on 7/1/2025. (SV)
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| Filing 3 MOTION to Proceed In Forma Pauperis by Thomas Pepe. (Attachments: #1 Mailing Envelope)(JTM) Motions referred to Magistrate Judge Kyle C. Dudek. |
| Filing 2 MOTION for Preliminary Injunction by Thomas Pepe. (Attachments: #1 Mailing Envelope)(JTM) (Chambers notified). |
| Filing 1 COMPLAINT against Christopher DeCosta, Khaleeb Hoover, Kim Hubert, Luke Lajgi, Steven Pepe, Stephen C Rubino, Saul B Villalobos filed by Thomas Pepe. (Attachments: #1 Mailing Envelope)(JTM) |
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