Demery v. PMP Asset, LLC
| Daniel Joseph Demery |
| PMP Asset, LLC |
| 3:2025cv01236 |
| October 14, 2025 |
| U.S. District Court for the Middle District of Florida |
| Wendy W Berger |
| Samuel J Horovitz |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on March 19, 2026. A more recent docket listing may be available from PACER.
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| Filing 27 USCA Order Issued as a Mandate - Dismissed for Want of Prosecution as to #10 Notice of Appeal - Interlocutory filed by Daniel Joseph Demery. USCA number: 25-13824-E. ***Stay lifted. (SJW) |
| Filing 26 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). (JOS) |
Filing 25
ORDERED that the Report and Recommendation (Doc. #23) is ADOPTED and CONFIRMED and made a part of this Order. Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form) (Doc. #21) is DENIED. Plaintiff's Complaint (Doc. #1) is DISMISSED without prejudice. The Clerk is directed to terminate any pending motions and close this case. Signed by Judge Wendy W. Berger on 1/20/2026. (CKS)
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| Filing 24 USCA Order - Reinstating Appeal as to #10 Notice of Appeal - Interlocutory filed by Daniel Joseph Demery. USCA number: 25-13824-E. ***Appeal reopened. ***Case Stayed. (SJW) |
| Filing 23 REPORT AND RECOMMENDATION re #21 amended application to proceed in forma pauperis. Signed by Magistrate Judge Samuel J. Horovitz on 12/15/2025. (JLW) |
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Filing 22
ENDORSED ORDER denying without prejudice as moot the #2 Application to proceed in District Court without Prepaying Fees or Costs (Short Form), as Plaintiff filed a more recent application #21 that the Court will consider. Signed by Magistrate Judge Samuel J. Horovitz on 12/15/2025. (JLW)
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| Filing 21 MOTION to Proceed In Forma Pauperis (Long Form) by Daniel Joseph Demery. (JDR) Motions referred to Magistrate Judge Samuel J. Horovitz. |
| Filing 20 USCA Order Issued as a Mandate - Dismissed for Want of Prosecution as to #10 Notice of Appeal - Interlocutory filed by Daniel Joseph Demery. USCA number: 25-13824-E. ***Stay lifted. (SJW) |
| Filing 19 TRANSMITTAL to USCA, forwarding IFP status update re #10 Notice of Appeal - Interlocutory, 18 Order on Motion to Proceed In Forma Pauperis #2 MOTION to Proceed In Forma Pauperis. USCA number: 25-13824-E. (SJW) |
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Filing 18
ENDORSED ORDER taking under advisement #2 Application to Proceed in District Court Without Prepaying Fees or Costs (Short Form) ("Motion"). The Motion provides insufficient information to demonstrate that Plaintiff financially qualifies to proceed in forma pauperis. See Ruzsa v. Comm'r of Soc. Sec., No. 6:24-cv-1114-CEM-DCI, 2024 WL 3537369, at *1 (M.D. Fla. July 25, 2024) ("Plaintiff has failed to utilize the Long Form version of the motion to proceed in forma pauperis, which this Court requires[.]"); White v. Clearwater Police Dep't, No. 8:23-cv-932-CEH-MRM, 2023 WL 3584117, at *1 (M.D. Fla. May 22, 2023) (requiring completion of long-form application in support of IFP request). Plaintiff is directed to supplement his Motion by no later than December 15, 2025, using the AO 239 Application to Proceed in District Court Without Prepaying Fees or Costs (Long Form), which is available at the Clerk's office or on the Court's website at https://www.uscourts.gov/sites/default/files/ao239_1.pdf. Signed by Magistrate Judge Samuel J. Horovitz on 11/24/2025. (JLW)
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Filing 17
ENDORSED ORDER striking (Doc. #13) Plaintiff's Unilateral Case Management Report for failure to comply with Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. Parties are also reminded of Local Rule 3.02(a)(1) which states parties must conduct the planning conference required by the Federal Rules of Civil Procedure in person, by telephone, or by comparable means. Signed by Judge Wendy W. Berger on 11/14/2025. (CKS) Modified on 11/14/2025 to edit text (CKS).
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| Filing 16 TRANSCRIPT information form filed by Daniel Joseph Demery re #10 Notice of Interlocutory Appeal. USCA number: 25-13824-E. No transcript(s) requested. (ELA) |
| Filing 15 NOTICE of Bankruptcy Case Filing by Daniel Joseph Demery. (ELA) |
| Filing 14 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Daniel Joseph Demery. (ELA) |
| Filing 13 **STRICKEN PER ORDER 17**UNILATERAL CASE MANAGEMENT REPORT. (ELA) Modified docket text on 11/17/2025 (JG). |
| Filing 12 NOTICE of Jurisdiction by Daniel Joseph Demery (BD) |
| Filing 11 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 #10 Notice of Interlocutory Appeal. (BD) |
| Filing 10 NOTICE OF INTERLOCUTORY APPEAL as to #4 Order on Motion for Permanent Injunction by Daniel Joseph Demery. Filing fee not paid. (Attachments: #1 Doc. 4 Order)(BD) |
| Filing 9 APPEAL of Magistrate Judge ruling to District Court by Daniel Joseph Demery re #7 Order. (ELA) |
| Filing 8 NOTICE of Publication of Local Rules by Daniel Joseph Demery. (Attachments: #1 Attachment)(ELA) |
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Filing 7
ORDER: On or before November 10, 2025, Plaintiff shall show cause in writing why this action should not be dismissed without prejudice for lack of subject matter jurisdiction. Failure to do so may result in the dismissal of this action without further notice. See Order for further details. Signed by Magistrate Judge Samuel J. Horovitz on 10/20/2025. (JLW)
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| Filing 6 NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (CKS) |
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Filing 5
NOTICE TO COUNSEL AND PARTIES: The Middle District of Florida's revised Local Rules become effective April 1, 2024, and can be found on the Court's public website https://www.flmd.uscourts.gov/local-rules. Additionally, the undersigned has issued Standing Orders, available at https://www.flmd.uscourts.gov/judges/wendy-berger, that apply to all proceedings before the undersigned. For a just and efficient resolution of this case, the parties are DIRECTED to read and comply with the Middle District of Florida's Local Rules and this Court's Standing Orders. See Local Rule 1.01(a). Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Wendy W. Berger on 10/17/2025. (CKS)
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Filing 4
ORDER denying #3 Plaintiff's Emergency Motion for Federal Injunction. Signed by Judge Wendy W. Berger on 10/15/2025. (CKS)
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| Filing 3 MOTION for Federal Injunction by Daniel Joseph Demery. (Chambers notified) (ELA) |
| Filing 2 MOTION to Proceed In Forma Pauperis by Daniel Joseph Demery. (ELA) Motions referred to Magistrate Judge Samuel J. Horovitz. |
| Filing 1 COMPLAINT against PMP Asset, LLC filed by Daniel Joseph Demery. (Chambers notified)(ELA) |
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