Adams v. Roher et al
| Michelle Adams |
| Mark Stuart Roher and Mark S. Roher, P.A. |
| Mark S. Roher, P.A. and Mark Stuart Roher |
| Michelle Adams |
| 2:2025cv00685 |
| August 4, 2025 |
| U.S. District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Nicholas P Mizell |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 14, 2026. A more recent docket listing may be available from PACER.
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| Filing 57 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. (Signed by Deputy Clerk). (MSN) |
Filing 56
ENDORSED ORDER denying as moot #43 defendants' motion to deem plaintiff as a vexatious litigant as defendants have voluntarily dismissed their counterclaim and this case has been ordered closed (Docs. #54, 55). Signed by Magistrate Judge Nicholas P. Mizell on 1/14/2026. (TLP)
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Filing 55
ENDORSED ORDER. Counterclaimants Mark Stuart Roher and Mark S. Roher, P.A. have filed a Notice of Voluntary Dismissal Without Prejudice of their counterclaims (Doc. #54). The Notice is self-executing. See Fed. R. Civ. P. 41(a)(1)(A)(i), 41(c). Accordingly, the Clerk is now DIRECTED to deny all pending motions as moot, terminate any deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 1/14/2026. (JMM)
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| Filing 54 NOTICE of Voluntary Dismissal of Counterclaim by Mark S. Roher, P.A., Mark Stuart Roher (Roher, Mark) Modified on 1/13/2026 to edit docket text. (WLB). |
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Filing 53
ENDORSED ORDER denying as moot #37 defendant's motion to vacate the court's order on plaintiff's motion to proceed in forma pauperis as plaintiff's complaint has been dismissed #51. Signed by Magistrate Judge Nicholas P. Mizell on 1/9/2026. (TLP)
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Filing 52
ENDORSED ORDER. With Plaintiff's complaint dismissed (Doc. #51), the Court requires an independent basis to exercise jurisdiction over Defendants' counterclaims. See Hall v. Xanadu Mktg., Inc., 682 F. Supp. 3d 1278, 1286-87 (N.D. Ga. 2023) ("Because the Amended Counterclaims lack an independent basis for federal jurisdiction, the Court will decline to exert supplemental jurisdiction over them."). Defendants allege in the counterclaim that the amount in controversy exceeds $75,000. (Doc. #35 at 8). But given the nature of Defendants' claims, the Court is not so sure. On or before January 15, 2026, Defendants must SHOW CAUSE as to why their counterclaims should not be dismissed for lack of subject-matter jurisdiction. Signed by Judge Sheri Polster Chappell on 1/9/2026. (JMM)
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Filing 51
ORDERED: Plaintiff's complaint (Doc. #1) is DISMISSED without prejudice. Because the complaint is dismissed, Defendants' motions to dismiss (Docs. #44, #49) are DENIED as moot. The Court will address Defendants' counterclaims by separate Order. Signed by Judge Sheri Polster Chappell on 1/8/2026. (AEH)
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| Filing 50 USCA ORDER: Pursuant to the 11th Cir. R. 42-1(b), this appeal is DISMISSED for want of prosecution because the appellant Mark Stuart Roher failed to pay the filing and docketing fees to the district court, or alternatively, file a motion to proceed in forma pauperis in this court within the time fixed by the rules. (LF) |
| Filing 49 MOTION to Dismiss Case as Frivolous With Prejudice by All Defendants. (Attachments: #1 Exhibit A through M)(Roher, Mark). |
| Filing 48 NOTICE of voluntary dismissal by Michelle Adams (Attachments: #1 Letter to the Clerk, #2 Mailing Envelope)(FLY) |
| Filing 47 NOTICE of Correction of Record and Preservation of Issues by Michelle Adams (Attachments: #1 Mailing Envelope) (FLY) |
| Filing 45 Minute Entry. In Person Proceedings held before Magistrate Judge Nicholas P. Mizell: Rule 16(b) Conference held on 12/18/2025. (digital) (WRW) |
| Filing 44 MOTION to Dismiss Plaintiff's Complaint With Prejudice by All Defendants. (Roher, Mark) |
| Filing 43 MOTION for Miscellaneous Relief, specifically Deem Plaintiff a Vexatious Litigant by Mark S. Roher, P.A., Mark Stuart Roher. (Attachments: #1 Exhibit)(Roher, Mark) Motions referred to Magistrate Judge Nicholas P. Mizell. |
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Filing 42
TEXT ORDER. Pursuant to Federal Rule of Civil Procedure 41(a)(2), plaintiff has filed a motion to voluntarily dismiss this action without prejudice (See Doc. #41). If defendants have no objection to dismissing the complaint as well as defendants' counterclaim, they may file a notice by noon on December 18, 2025, informing the court that defendants agree to dismissal of this action in its entirety. If the court receives such notice, we will cancel the in-person Rule 16(b) conference scheduled for December 18 at 2:00 p.m. Signed by Magistrate Judge Nicholas P. Mizell on 12/17/2025. (TLP)
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| Filing 41 NOTICE OF CORRESPONDENCE RECEIVED FROM Michelle Adams (added to docket per Chambers) (Attachments: #1 Cover Letter)(AEH) |
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Filing 40
ORDER denying #38 plaintiff's emergency motion to stay proceedings. Plaintiff is reminded that, unless we specifically advise otherwise, she must attend the Rule 16(b) conference as scheduled. Failure to do so may result in sanctions, including dismissal of this case--for failure to prosecute and for failure to comply with our orders--without further notice. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 12/16/2025. (TLP)
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| Filing 39 UNILATERAL CASE MANAGEMENT REPORT. (Roher, Mark) |
| Filing 38 Emergency MOTION to Stay Proceedings by Michelle Adams. (Attachments: #1 Text of Proposed Order, #2 Mailing Envelope) Chambers notified (FLY) |
| Filing 37 MOTION to Vacate 15 Order on Motion to Proceed In Forma Pauperis by Mark S. Roher, P.A., Mark Stuart Roher. (Roher, Mark) |
| Filing 36 NOTICE by Mark S. Roher, P.A., Mark Stuart Roher re #35 Answer to Complaint, Counterclaim Notice of Filing Exhibits (Roher, Mark) |
| Filing 35 Amended ANSWER and affirmative defenses to #1 Complaint , COUNTERCLAIM against Michelle Adams by Mark S. Roher, P.A., Mark Stuart Roher.(Roher, Mark) |
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Filing 34
TEXT ORDER directing compliance. The parties were directed to file a case management report by December 11, 2025 (Doc. 26), but have failed to do so. By December 16, 2025, the parties must file a case management report. Signed by Magistrate Judge Nicholas P. Mizell on 12/12/2025. (TLP)
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| Filing 33 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Rule 16(b) Conference scheduled for 12/18/2025 at 11:00 AM is rescheduled. New hearing time: Rule 16(b) Conference set for 12/18/2025 at 02:00 PM in Ft. Myers Courtroom 4 E before Magistrate Judge Nicholas P. Mizell. (WRW) |
| Filing 32 NOTICE: CHANGE OF COURTROOM re 26 Rule 16(b) Conference set for 12/18/2025 at 11:00 AM. Hearing will be held in Courtroom 4-E. (WRW) |
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Filing 31
ENDORSED ORDER denying Plaintiff's Emergency Motion to Change Venue (Docs. #28, #29). Plaintiff asks the Court to transfer her case to the Southern District of New York. But she has not shown that District is one where this action "might have been brought[.]" 28 U.S.C. 1404(a). The Court also denies Plaintiff's request to impose Rule 11 sanctions because there is no indication Plaintiff provided Defendants notice and an opportunity to respond, and the sanctions request was not "made separately from any other motion[.]" Fed. R. Civ. P. 11(c)(2). The Court also denies Plaintiff's request to strike portions of Defendants' Answer because she fails to comply with Local Rule 3.01(g). Given the "emergency" nature of this motion, the Court issues this ruling expeditiously so Plaintiff can make appropriate arrangements to attend the scheduled Rule 16 conference. To the extent Plaintiff seeks any further relief, she must attend the Rule 16 conference as scheduled, regardless of whether the Court rules on such motion(s) before the conference, unless the Court specifically advises otherwise. Signed by Judge Sheri Polster Chappell on 12/8/2025. (JMM)
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| Filing 30 NOTICE by Mark S. Roher, P.A., Mark Stuart Roher re #29 Memorandum in support, #28 MOTION to Change Venue / Transfer Case Notice of Filing Documents Evidencing Plaintiff's Non-Indigent Status (Attachments: #1 Exhibit 1 - Chapter 11 Petition Showing Plaintiff's Total Assets valued at $4,831,409.88, #2 Exhibit 2 - Miami Dade Property Appraiser Listing Plaintiff's Interest in Real Property Valued at $188,935.00, #3 Exhibit 3 - January 2024 Monthly Operating Report, #4 Exhibit 4 - February 2024 Monthly Operating Report, #5 Exhibit 5- March 2024 Monthly Operating Report, #6 Exhibit 6 - April 2024 Monthly Operating Report, #7 Exhibit 7 - May 2024 Monthly Operating Report, #8 Exhibit 8 - June 2024 Monthly Operating Report)(Roher, Mark) |
| Filing 29 MEMORANDUM in support re #28 Emergency Motion to Change Venue / Transfer Case filed by Michelle Adams. (Attachments: #1 Mailing Envelope) (FLY) |
| Filing 28 Emergency MOTION to Change Venue / Transfer Case by Michelle Adams. (Attachments: #1 Mailing Envelope) Chambers notified. (FLY) |
| Filing 27 ANSWER and affirmative defenses to #1 Complaint by Mark S. Roher, P.A., Mark Stuart Roher. (Attachments: #1 Exhibit 1,2 and A through I)(Roher, Mark) |
| Filing 26 NOTICE of hearing: Rule 16(b) Conference set for 12/18/2025 at 11:00 AM in Ft. Myers Courtroom 5 C before Magistrate Judge Nicholas P. Mizell. A case management report to be filed by 12/11/2025 (WRW) |
| Filing 25 NOTICE by Mark Stuart Roher re 24 Notice to Counsel of Local Rule Notice of Compliance and of Filing Evidence of Admission to Court (Roher, Mark) |
| Filing 24 NOTICE TO COUNSEL Mark Stuart Roher of Local Rule 2.01(a), which requires membership or special admission in the Middle District bar to practice in the Middle District, except for the limited exceptions identified in the Rule. To apply for membership in the Middle District, visit www.flmd.uscourts.gov/for-lawyers. 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). (RPB) |
| Filing 23 NOTICE by Mark S. Roher, P.A. re #21 Waiver of service unexecuted document filed in error (Roher, Mark) |
| Filing 22 WAIVER of service returned executed on 10/1/2025 by Mark S. Roher, P.A. as to Mark S. Roher, P.A.. (Roher, Mark) |
| Filing 21 WAIVER of service returned Unexecuted as to Mark S. Roher, P.A., filed by Mark S. Roher, P.A.. (Roher, Mark) |
| Filing 20 WAIVER of service returned executed on 10/1/2025 by Mark Stuart Roher as to Mark Stuart Roher. (Roher, Mark) |
| Filing 19 NOTICE of Appearance by Mark Stuart Roher on behalf of Mark S. Roher, P.A., Mark Stuart Roher (Roher, Mark) |
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Filing 18
ENDORSED ORDER denying as moot #5 and #7 Plaintiff's motions to waive service-of-process fees. We granted her IFP status 15, and we are facilitating service of process #17. Signed by Magistrate Judge Nicholas P. Mizell on 9/25/2025. (Mizell, Nicholas)
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Filing 17
ORDER directing the sending of waiver-of-service documents. The CLERK is DIRECTED to send waiver-of-service documents and a copy of this order to defendants Mark Stuart Roher and Mark S. Roher, P.A. If defendants do not waive service, we will direct the United States Marshall to effect personal service and require defendants to pay the costs of service. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 9/25/2025. (TLP)
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| Filing 16 SUMMONS issued as to All Defendants. (ARL) |
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Filing 15
ENDORSED ORDER granting #13 plaintiff's amended motion to proceed IFP. Plaintiff financially qualifies and, without prejudice to any potential defense, plaintiff has crafted a complaint for which it would not be unjust for us to compel a response. The presumptively reasonable 90-day deadline in Civil Rule 4(m) for completing service of process runs from the date of this order. Signed by Magistrate Judge Nicholas P. Mizell on 9/24/2025. (TLP)
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Filing 14
ENDORSED ORDER denying as moot #2 plaintiff's motion to proceed in forma pauperis as plaintiff has filed an amended motion seeking the same relief. Signed by Magistrate Judge Nicholas P. Mizell on 9/23/2025. (TLP)
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Filing 12
ENDORSED ORDER. Before the Court is Plaintiff's Response to the Court's Order to Show Cause (Doc. #9). The Court directed Plaintiff to show cause why this case should not be transferred to the Southern District of Florida under 28 U.S.C. 1404(a). (Doc. 3). Based on the Response, the Court will take no further action on its Order. This Order does not prejudice Defendants' right to request transfer under 1404(a) once they appear. Signed by Judge Sheri Polster Chappell on 9/22/2025. (JMM)
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Filing 11
TEXT ORDER directing the Clerk to add plaintiff Michelle Adams's email address to the docket ([email protected]). All future notices of electronic filing will be sent to this email address. Adams must continually monitor this email account. The Clerk will no longer mail paper copies of our orders or notices to Adams. Defendants' filings will also be served on Adams via the CM/ECF system. Adams must immediately apprise the court of any change of email address, and she must promptly respond to notices of electronic filing as appropriate. A failure to do either may result in a dismissal without further notice. Signed by Magistrate Judge Nicholas P. Mizell on 9/22/2025. (TLP)
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| Filing 13 AMENDED MOTION to Proceed In Forma Pauperis by Michelle Adams. (Attachments: #1 Mailing Envelope) Docketed per Chambers. (FLY) Motions referred to Magistrate Judge Nicholas P. Mizell. Modified on 9/25/2025 (LF). |
| Filing 10 NOTICE of Filing Corrected Application by Michelle Adams re #2 MOTION to Proceed In Forma Pauperis. (Attachments: #1 Corrected Motion to Proceed IFP, #2 Mailing Envelope)(FLY) |
| Filing 9 RESPONSE TO ORDER TO SHOW CAUSE re 3 Order to show cause filed by Michelle Adams. (Attachments: #1 Proposed Order, #2 Mailing Envelope) (FLY) |
| Filing 8 PROPOSED summons to be issued by Michelle Adams. (Attachments: #1 Mailing Envelope) Summons not issued; no Order or fees paid. (FLY) |
| Filing 7 MOTION to Waive Service of Process Fees by Michelle Adams. (Attachments: #1 Proposed Order, #2 Mailing Envelope) (FLY) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 6 NOTICE of Consent by Pro Se Litigant by Michelle Adams. (Attachments: #1 Mailing Envelope) (FLY) |
| Filing 5 MOTION to Waive Service of Process Fees by Michelle Adams. (Attachments: #1 Proposed Summons, #2 Proposed Order, #3 Mailing Envelope)(LAW) Motions referred to Magistrate Judge Nicholas P. Mizell. |
| Filing 4 CIVIL Action Order Signed by All Divisional Judges on 8/7/2025. (WRW) |
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Filing 3
ENDORSED ORDER. Upon a sua sponte review of the allegations in Plaintiff's complaint (Doc. #1), the alleged events giving rise to this action occurred in Miami-Dade County. It thus appears that the Southern District of Florida is the more convenient venue for this action. On or before August 20, 2025, Plaintiff must SHOW CAUSE why this action should not be transferred to the Miami Division of the Southern District of Florida under 28 U.S.C. 1404(a). Failure to timely respond will result in the Court transferring this action without further notice. Signed by Judge Sheri Polster Chappell on 8/6/2025. (JMM)
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| Filing 2 MOTION to Proceed In Forma Pauperis by Michelle Adams. (FLY) Motions referred to Magistrate Judge Nicholas P. Mizell. Received via Intake; no envelope. |
| Filing 1 COMPLAINT against All Defendants with Jury Demand filed by Michelle Adams. (Attachments: #1 Exhibit 1, #2 Exhibit 2) Received via Intake; no envelope or service copies. (FLY) |
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