Sheets v. Presseller et al
| Andrew B Sheets |
| Jerry Presseller, Kelvin Jimenez, Fernando Burga, City of Punta Gorda and Punta Gorda Downtown Merchants Association, Inc. |
| Robert Shearman |
| 2:2026cv00773 |
| March 18, 2026 |
| U.S. District Court for the Middle District of Florida |
| Sheri Polster Chappell |
| Kevin R Huguelet |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Both |
Docket Report
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This docket was last retrieved on September 9, 2026. A more recent docket listing may be available from PACER.
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Filing 72
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #71 Motion to be Excused from Privately Funded Mediation and Referral to Magistrate Judge for Settlement Conference Due to Financial Hardship. Plaintiff has failed to supplement his 3.01(g) certification within three days. See Local Rule 3.01(g)(3). The motion is therefore denied without prejudice. Signed by Magistrate Judge Kevin R. Huguelet on 9/9/2026. (TMA)
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| Filing 71 MOTION to be Excused from Privately Funded Mediation and Referral to Magistrate Judge For Settlement Conference Due to Financial Hardship by Andrew B Sheets. (Attachments: #1 Exhibit A - IFP)(SJD) Motions referred to Magistrate Judge Kevin R. Huguelet. |
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Filing 70
ORDER denying as moot #67 Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Kevin R. Huguelet on 8/31/2026. (TMA)
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| Filing 69 RESPONSE in Opposition re #67 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency filed by Fernando Burga, City of Punta Gorda, Kelvin Jimenez. (Jadon, David) |
| Filing 68 RESPONSE in Opposition re #65 MOTION for Judgment on the Pleadings filed by Andrew B Sheets. (LAW) |
| Filing 67 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Andrew B Sheets. (LAW) Motions referred to Magistrate Judge Kevin R. Huguelet. |
| Filing 66 NOTICE of Material Change in Financial Circumstances and Forthcoming Application to Proceed Without Prepaying Fees or Costs by Andrew B Sheets (LAW) |
| Filing 65 MOTION for Judgment on the Pleadings by City of Punta Gorda. (Attachments: #1 Exhibit, #2 Exhibit)(Jadon, David) |
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Filing 64
ENDORSED ORDER. Before the Court is a sua sponte review of the file. At their Rule 16(b) Conference, the parties asked the Court to select a mediator for this case. Being a former civil litigator in Southwest Florida and familiar with local mediators, the undersigned believes that he determined a highly effective mediator who is experienced in this field. So the Court selects Robert C. Shearman to mediate this case. The parties must promptly contact Shearman to schedule mediation. Signed by Magistrate Judge Kevin R. Huguelet on 8/5/2026. (Huguelet, Kevin)
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Filing 63
ORDER granting Defendants' Motion for Protective Order and to Stay Discovery (Doc. #58). Discovery as to Defendants Jerry Presseller and Punta Gorda Downtown Merchants Association, Inc. is STAYED until they file answers to the Amended Complaint. Signed by Magistrate Judge Kevin R. Huguelet on 8/5/2026. (Huguelet, Kevin)
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| Filing 62 RESPONSE in Opposition re #61 MOTION for Sanctions Rule 11 filed by Andrew B Sheets. (LAW) |
| Filing 61 MOTION for Rule 11 Sanctions and Incorporated Memorandum of Law by Punta Gorda Downtown Merchants Association, Inc. (Attachments: #1 Exhibit A - Prior Action Order, #2 Exhibit B - Sheets v Woelk Order)(Knipe, Asher) Motions referred to Magistrate Judge Kevin R. Huguelet. Modified on 7/2/2026 to edit docket text. (WLB). |
| Filing 60 REPLY to Response to Motion re #55 MOTION for Sanctions Rule 11 filed by Jerry Presseller. (Knipe, Asher) |
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Filing 59
ENDORSED ORDER granting #57 Motion for Leave to File Reply. Defendant Jerry Presseller shall file a reply not to exceed three pages within seven days of this Order. Signed by Magistrate Judge Kevin R. Huguelet on 6/17/2026. (TMA)
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| Filing 58 MOTION for Protective Order and to Stay Discovery Pending Resolution of Motions to Dismiss by Jerry Presseller, Punta Gorda Downtown Merchants Association, Inc.. (Attachments: #1 Exhibit Composite A - Presseller, #2 Exhibit Composite B - Merch Assoc)(Knipe, Asher) Motions referred to Magistrate Judge Kevin R. Huguelet. |
| Filing 57 MOTION for Leave to File Reply in Support of Motion for Rule 11 Sanctions by Jerry Presseller. (Knipe, Asher) |
| Filing 56 RESPONSE to Motion re #55 MOTION for Sanctions Rule 11 filed by Andrew B Sheets. (ABM) |
| Filing 55 MOTION for Sanctions Rule 11 by Jerry Presseller. (Attachments: #1 Exhibit A - Prior Action Order, #2 Exhibit B - Sheets v Woelk Order)(Knipe, Asher) Motions referred to Magistrate Judge Kevin R. Huguelet. |
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Filing 50
ENDORSED ORDER striking #47 Notice of Serving Initial Disclosures filed by Defendant Punta Gorda Downtown Merchants Association, Inc. The Court reminds the parties to comply with the discovery practices outlined in the Civil Action Order #6, which states that discovery notices must not be filed with the court until they are used in the proceeding or the court orders the filing. As such, the Notice is deemed stricken. Signed by Magistrate Judge Kevin R. Huguelet on 6/4/2026. (TMA)
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| Filing 49 RESPONSE to Motion re #32 MOTION to Dismiss Amended Complaint filed by Andrew B Sheets. (MA) |
| Filing 48 RESPONSE to Motion re #34 MOTION to Dismiss Amended Complaint filed by Andrew B Sheets. (MA) |
| Filing 53 CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 7/3/2026. Joinder of Parties due by 7/3/2026. Discovery due by 4/23/2027 Dispositive motions due by 5/20/2027 Pretrial statement due by 11/5/2027 Plaintiff disclosure of expert report due by 1/22/2027 Defendant disclosure of expert report due by 2/22/2027. Final Pretrial Conference set for 11/19/2027 at 09:30 AM in Ft. Myers Courtroom 5 D before Judge Sheri Polster Chappell Signed by all Divisional Judges on 6/3/2026. (TLS) (TLS). |
| Filing 52 Minute Entry. In Person Proceedings held before Magistrate Judge Kevin R. Huguelet: granting 51 ORAL Motion for the Court to Select a Mediator by August 15, 2026.; RULE 16(b) CONFERENCE held on 6/3/2026. (DIGITAL) (TLS) |
| Filing 51 ORAL MOTION for Miscellaneous Relief, specifically for the Court to select a Mediator by All Parties. (TLS) Motions referred to Magistrate Judge Kevin R. Huguelet. |
| Filing 47 ***STRICKEN PER ORDER 50*** NOTICE by Punta Gorda Downtown Merchants Association, Inc. of Serving Initial Disclosures Pursuant to Rule 26(a)(1) (Knipe, Asher) Modified text on 6/5/2026 (LAW). |
| Filing 46 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Fernando Burga. (Jadon, David) |
| Filing 45 NOTICE of Lead Counsel Designation by Asher Ellsworth Knipe on behalf of Jerry Presseller, Punta Gorda Downtown Merchants Association, Inc.. Lead Counsel: Asher E. Knipe. (Knipe, Asher) |
| Filing 44 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Punta Gorda Downtown Merchants Association, Inc. (Knipe, Asher) Modified text on 6/4/2026 (LAW). |
| Filing 43 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Jerry Presseller. (Knipe, Asher) |
| Filing 42 NOTICE re 40 *NEW ZOOM LINK only* for Rule 16(b) Notice of Hearing on 6/3/2026 at 11:15 a.m. https://www.zoomgov.com/j/1651461639?pwd=Iq6uhfJ8TzUaXvJTRYzWfxEBaRWMch.1Meeting ID: 165 146 1639Passcode: 137159 (TLS) |
| Filing 40 NOTICE OF RESCHEDULING HEARING (AS TO TIME ONLY): The Rule 16(b) Conference previously scheduled for 6/3/2026 at 10:15 AM is rescheduled. New hearing time: Rule 16(b) Conference set for 6/3/2026 at 11:15 AM via Zoom Video Conference before Magistrate Judge Kevin R. Huguelet. Zoom instructions remain the same: https://www.zoomgov.com/j/1617905028?pwd=v96du9astTXL0aJ7WRL7aW4RuFuPah.1; Meeting ID: 161 790 5028; Passcode: 863092(WRW) |
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Filing 39
ORDER denying without prejudice Plaintiff's Motion to Continue Rule 16 Conference (Doc. #35) and Motion to Continue (Doc. #37). Signed by Magistrate Judge Kevin R. Huguelet on 5/28/2026. (Huguelet, Kevin)
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| Filing 38 RESPONSE to Motion re #29 MOTION to Dismiss Amended Complaint filed by Andrew B Sheets. (LAW) |
| Filing 41 RETURN of service executed on 5/14/2026 by Andrew B Sheets as to Punta Gorda Downtown Merchants Association, Inc. (LAW) |
| Filing 37 MOTION to Continue and Reset Calendar Call Due to Direct Jury Trial Conflict by Andrew B Sheets. (Attachments: #1 Mailing Envelope)(LAW) Motions referred to Magistrate Judge Kevin R. Huguelet. |
| Filing 36 CASE MANAGEMENT REPORT. (Jadon, David) |
| Filing 35 NOTICE of Scheduling Conflict, MOTION to Continue Rule 16 Conference by Andrew B Sheets. (LAW) Motions referred to Magistrate Judge Kevin R. Huguelet. |
| Filing 34 MOTION to Dismiss Amended Complaint by Punta Gorda Downtown Merchants Association, Inc. (Knipe, Asher) Modified on 5/26/2026 to edit docket text. (WLB). |
| Filing 33 NOTICE of Appearance by Asher Ellsworth Knipe on behalf of Punta Gorda Downtown Merchants Association, Inc. (Knipe, Asher) |
| Filing 32 MOTION to Dismiss Amended Complaint by Fernando Burga, Kelvin Jimenez. (Jadon, David) |
| Filing 31 ANSWER and affirmative defenses with Jury Demand to #25 Amended Complaint by City of Punta Gorda.(Jadon, David) |
| Filing 30 NOTICE OF RESCHEDULING HEARING AS TO JUDGE ONLY: Rule 16(b) Conference set for 6/3/2026 at 10:15 AM via Zoom Video Conference before Magistrate Judge Kevin R. Huguelet. (WRW) |
| Filing 29 MOTION to Dismiss Amended Complaint by Jerry Presseller. (Knipe, Asher) |
| Filing 28 Case Reassigned to Magistrate Judge Kevin R. Huguelet. New case number: 2:26-cv-00773-SPC-KRH. Magistrate Judge Douglas N. Frazier no longer assigned to the case. (JNG) |
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Filing 27
ENDORSED ORDER denying as moot Defendant Jerry Presseller's Motion to Dismiss (Doc. #14) and Defendant Kelvin Jimenez's Motion to Dismiss (Doc. #19) because Plaintiff has filed an Amended Complaint (Doc. #25). See Malowney v. Fed. Collection Deposit Grp., 193 F.3d 1342, 1345 n.1 (11th Cir. 1999). Signed by Judge Sheri Polster Chappell on 5/1/2026. (SAP)
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| Filing 26 SUMMONS issued as to Punta Gorda Downtown Merchants Association, Inc. (LAW) |
| Filing 25 AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Andrew B Sheets. Related document: #1 Complaint filed by Andrew B Sheets. (Attachments: #1 Exhibit A)(LAW) |
| Filing 23 NOTICE of Lead Counsel Designation by David Jadon on behalf of Fernando Burga. Lead Counsel: David R. Jadon. (Jadon, David) |
| Filing 24 RETURN of service executed on 4/17/2026 by Andrew B Sheets as to Fernando Burga. (Attachments: #1 Mailing Envelope)(LAW) (Additional attachment(s) added on 4/29/2026: #3 Unredacted Exhibit A) (LAW). |
| Filing 22 ANSWER and affirmative defenses to #1 Complaint with Jury Demand by City of Punta Gorda.(Jadon, David) |
| Filing 19 MOTION to Dismiss Complaint by Kelvin Jimenez. (Jadon, David) |
| Filing 18 NOTICE of hearing: Rule 16(b) Conference set for 6/3/2026 at 10:15 AM via Zoom Video Conference before Magistrate Judge Douglas N. Frazier. A case management report to be filed by 5/25/2026. Join ZoomGov Meeting: https://www.zoomgov.com/j/1617905028?pwd=v96du9astTXL0aJ7WRL7aW4RuFuPah.1; Meeting ID: 161 790 5028; Passcode: 863092(WRW) |
| Filing 17 SUMMONS reissued as to Fernando Burga. (LAW) (Main Document 17 replaced on 4/15/2026 to redact personal information) (LAW). (Additional attachment(s) added on 4/15/2026: #1 Unredacted Summons Issued) (LAW). |
| Filing 15 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Jerry Presseller. (Knipe, Asher) |
| Filing 21 RETURN of service executed on 3/25/2026 by Andrew B Sheets as to Jerry Presseller. (LAW) |
| Filing 20 RETURN of service executed on 3/25/2026 by Andrew B Sheets as to City of Punta Gorda. (LAW) |
| Filing 16 PROPOSED summons to be issued by Andrew B Sheets. (Attachments: #1 Mailing Envelope)(LAW) (Main Document 16 replaced on 4/15/2026 to redact personal information) (LAW). (Additional attachment(s) added on 4/15/2026: #2 Unredacted Proposed Summons) (LAW). |
| Filing 14 MOTION to Dismiss Complaint by Jerry Presseller. (Knipe, Asher) |
| Filing 13 NOTICE of Appearance by Asher Ellsworth Knipe on behalf of Jerry Presseller (Knipe, Asher) |
| Filing 12 SUMMONS returned unexecuted by Andrew B Sheets as to Fernando Burga. (LAW) |
| Filing 11 RETURN of service executed on 3/24/2026 by Andrew B Sheets as to Kelvin Jimenez. (LAW) |
| Filing 10 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by City of Punta Gorda, Kelvin Jimenez. (Jadon, David) |
| Filing 9 NOTICE of Lead Counsel Designation by David Jadon on behalf of City of Punta Gorda, Kelvin Jimenez. Lead Counsel: David R. Jadon. (Jadon, David) |
| Filing 8 NOTICE of supplemental authority by Andrew B Sheets. (Attachments: #1 Exhibit A, #2 Mailing Envelope)(LAW) |
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Filing 7
ENDORSED ORDER granting #5 Motion to Receive Electronic Notice. The Clerk is directed to add Plaintiff's email ([email protected]) to the docket and send this Order and all future notices of electronic filing to this email address. Signed by Magistrate Judge Douglas N. Frazier on 3/26/2026. (BRH)
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| Filing 6 CIVIL Action Order. Signed by All Divisional Judges on 3/26/2026. (CGW) |
| Filing 5 MOTION to Receive Electronic Notice by Andrew B Sheets. (Attachments: #1 Mailing Envelope)(LAW) Motions referred to Magistrate Judge Douglas N. Frazier. |
| Filing 4 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Andrew B Sheets. (Attachments: #1 Mailing Envelope)(LAW) |
| Filing 3 NOTICE of a related action per Local Rule 1.07(c) by Andrew B Sheets. Related case(s): Yes (Attachments: #1 Mailing Envelope)(LAW) |
| Filing 2 SUMMONS issued as to Fernando Burga, City of Punta Gorda, Kelvin Jimenez, Jerry Presseller. (LAW) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand Filing fee $405.00, receipt number 17447 filed by Andrew B Sheets. (Attachments: #1 Exhibit A, #2 Civil Cover Sheet)(LAW) |
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