Day-Petrano et al v. Miller et al
| David Frank Petrano and Mary Katherine Day-Petrano |
| John Miller, Bradford County Telegraph, Inc., Sheriff of Bradford County, Florida, The Florida Bar, Florida Supreme Court, State of Florida, George Paul Gordon Smith, Eighth Judicial Circuit of Florida, Bradford County, Florida, Bradford County Animal Control, Ann Miller, Jennifer Frank, Sergeant Glenn Ward, Does 7-10 and Major Dawn Mueller |
| 3:2026cv00519 |
| March 11, 2026 |
| U.S. District Court for the Middle District of Florida |
| Patricia D Barksdale |
| Jordan Emery Pratt |
| Contract: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 60 SUPPLEMENT to #59 Response to Motion to Dismiss by Mary Katherine Day-Petrano, David Frank Petrano. (BD) |
| Filing 59 RESPONSE to #58 MOTION to Dismiss; Notice of Conversion to Motion for Summary Judgment; filed by Mary Katherine Day-Petrano, David Frank Petrano. (Attachments: #1 Exhibits A - K)(BD) |
| Filing 58 MOTION to Dismiss for Failure to State a Claim by Sheriff of Bradford County, Florida, George Paul Gordon Smith, Glenn Ward. (Eisman, Alexis) |
| Filing 57 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Mary Katherine Day-Petrano, David Frank Petrano. (ELA) |
| Filing 56 RESPONSE TO ORDER TO SHOW CAUSE filed by Mary Katherine Day-Petrano, David Frank Petrano. (ELA) |
| Filing 55 RESPONSE to Motion re #34 MOTION to Dismiss for Lack of Jurisdiction filed by Mary Katherine Day-Petrano, David Frank Petrano. (Attachments: #1 Exhibits A-I)(ELA) |
| Filing 54 AFFIDAVIT of Mary Katherine Day-Petrano re: #53 MOTION for Reconsideration re #52 Order by Mary Katherine Day-Petrano. (ELA) |
| Filing 53 MOTION for Reconsideration re #52 Order ; REQUEST to Apply the Communications Act for Disabled Persons and Autism Impacts Presentation Standard; REQUEST for Autism Translator/Interpreter as Auxiliary Aid; REQUEST for Pro Bono Counsel; and REQUEST for Expedited Ruling on DNA Preservation Reconsideration Motion by Mary Katherine Day-Petrano, David Frank Petrano. (Attachments: #1 Exhibits)(ELA) Modified on 6/12/2026 to edit date filed (ELA). |
Filing 52
ORDER denying without prejudice #42 the plaintiffs' motion for leave to file a third amended complaint. See the order for details. Signed by Magistrate Judge Patricia D. Barksdale on 6/10/2026. (KG)
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| Filing 51 NOTICE of Appearance by Alexis Lee Eisman on behalf of Glenn Ward (Eisman, Alexis) |
| Filing 50 NOTICE of Appearance by Alexis Lee Eisman on behalf of George Paul Gordon Smith (Eisman, Alexis) |
| Filing 49 NOTICE of Appearance by Alexis Lee Eisman on behalf of George Paul Gordon Smith (Eisman, Alexis) |
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Filing 48
ORDER denying #45 Plaintiffs' "Emergency Motion for Immediate Order Directing Defendants to Fund Immediate DNA Preservation of Gulliver's Remains..." Signed by Judge Jordan Emery Pratt on 5/29/2026. (ASN)
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| Filing 47 Supplemental MOTION to Dismiss for Lack of Jurisdiction by Eighth Judicial Circuit of Florida. (Morse, Stephanie) |
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Filing 46
ORDER granting #41 Sheriff George Smith and Sergeant Glenn Ward's unopposed motion for an extension of time. Sheriff Smith and Sergeant Ward's deadline to respond to #20 the second amended complaint is extended to June 15, 2026. Signed by Magistrate Judge Patricia D. Barksdale on May 29, 2026. (KG)
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| Filing 45 EMERGENCY MOTION for "Immediate Order directing Defendants to fund immediate DNA preservation of Gulliver's remains, and for findings regarding genetic reconstruction as element of damages," filed by Mary Katherine Day-Petrano, David Frank Petrano. (Attachments: #1 Exhibit) (Chambers notified) (JVC) |
| Filing 44 MOTION for Reconsideration re #24 Order on Motion for Preliminary Injunction by Mary Katherine Day-Petrano, David Frank Petrano. (Attachments: #1 Exhibit)(JVC) |
| Filing 43 RESPONSE in Opposition re #34 MOTION to Dismiss for Lack of Jurisdiction filed by Mary Katherine Day-Petrano, David Frank Petrano. (Attachments: #1 Exhibit)(JVC) |
| Filing 42 MOTION for Leave to Amend #20 Second Amended Complaint by Mary Katherine Day-Petrano, David Frank Petrano. (Attachments: #1 Proposed Third Amended Complaint, #2 Exhibit)(JVC) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 41 Unopposed MOTION for Extension of Time to File Answer re #20 Amended Complaint by Sheriff of Bradford County, Florida, George Paul Gordon Smith, Glenn Ward. (Scharlepp, Zackery) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 40 NOTICE of Lead Counsel Designation by Zackery A. Scharlepp on behalf of Glenn Ward. Lead Counsel: Zackery A. Scharlepp. (Scharlepp, Zackery) |
| Filing 39 NOTICE by Eighth Judicial Circuit of Florida re #34 MOTION to Dismiss for Lack of Jurisdiction (Morse, Stephanie) |
| Filing 38 AMENDED document by George Paul Gordon Smith. Amendment to #35 Notice of Lead Counsel Designation (Amended Certificate of Service). (Scharlepp, Zackery) |
| Filing 37 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Eighth Judicial Circuit of Florida. (Morse, Stephanie) |
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Filing 36
ORDER. By June 15, 2026, the plaintiffs must each (1) file a disclosure statement using the form required by Local Rule 3.03 and (2) show cause by separate writing why sanctions should not be imposed for failure to comply with #18 the order. See the order for details. Signed by Magistrate Judge Patricia D. Barksdale on May 26, 2026. (KG)
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| Filing 35 NOTICE of Lead Counsel Designation by Zackery A. Scharlepp on behalf of George Paul Gordon Smith. Lead Counsel: Zackery A. Scharlepp. (Scharlepp, Zackery) |
| Filing 34 MOTION to Dismiss for Lack of Jurisdiction by Eighth Judicial Circuit of Florida. (Morse, Stephanie) |
| Filing 33 DEFENDANT John Miller's Disclosure Statement (Civil) Under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by John Miller (Sikes, Charles) Modified on 6/3/2026 to edit docket text (MDC). |
| Filing 32 DEFENDANT John Miller's Disclosure Statement (Civil) Under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by John Miller (Sikes, Charles) Modified on 6/3/2026 to edit docket text (MDC). |
| Filing 31 DEFENDANT Ann Miller's Disclosure Statement (Civil) Under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Ann Miller (Sikes, Charles) Modified on 6/3/2026 to edit docket text (MDC). |
| Filing 30 DEFENDANT Bradford County Telegraph's Disclosure Statement (Civil) Under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Bradford County Telegraph, Inc. (Sikes, Charles) Modified on 6/3/2026 to edit docket text (MDC). |
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Filing 29
ORDER granting #28 the Eighth Judicial Circuit Court of Florida's unopposed motion for an extension of time. The Eighth Judicial Circuit Court's deadline to respond to #20 the second amended complaint is extended to May 22, 2026. By May 28, 2026, the Eighth Judicial Circuit Court; Bradford County Telegraph, Inc.; John Miller; and Ann Miller must each file a disclosure statement as required by Local Rule 3.03. Signed by Magistrate Judge Patricia D. Barksdale on May 15, 2026. (KG)
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| Filing 28 MOTION for Extension of Time to File Answer re #20 Amended Complaint by Eighth Judicial Circuit of Florida. (Morse, Stephanie) Motions referred to Magistrate Judge Patricia D. Barksdale. |
| Filing 27 NOTICE TO COUNSEL Charles Daniel Sikes 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. (Signed by Deputy Clerk). (ELA) |
| Filing 26 MOTION to Dismiss Complaint, Request to Declare Second Amended Complaint a Sham Pleading and Motion to Declare Plaintiff's Vexatious Litigants by Bradford County Telegraph, Inc., Ann Miller, John Miller. (ELA) |
| Filing 25 NOTICE of Appearance by Stephanie Anne Morse on behalf of Eighth Judicial Circuit of Florida (Morse, Stephanie) |
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Filing 24
ORDER denying #14 Plaintiffs' "Re-Filed Verified Emergency Motion[.]" Signed by Judge Jordan Emery Pratt on 5/4/2026. (TAV)
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| Filing 23 RETURN of service executed on 4/24/2026 by David Frank Petrano, Mary Katherine Day-Petrano as to Bradford County Animal Control, Bradford County Telegraph, Inc., Bradford County, Florida, Ann Miller, John Miller, Dawn Mueller, George Paul Gordon Smith, Glenn Ward. (ELA) |
| Filing 22 EMERGENCY SUPPLEMENT and Memorandum of Law to Motion for Temporary Restraining Order and Preliminary Injunction by Mary Katherine Day-Petrano, David Frank Petrano. (Chambers notified) (Attachments: #1 Exhibits)(ELA) |
| Filing 21 SUMMONS issued as to Bradford County Animal Control, Bradford County Telegraph, Inc., Bradford County, Florida, Eighth Judicial Circuit of Florida, Jennifer Frank, Ann Miller, John Miller, Dawn Mueller, George Paul Gordon Smith, Glenn Ward. (JDR) |
| Filing 19 NOTICE to the plaintiffs. Signed by Magistrate Judge Patricia D. Barksdale on 4/23/2026. (KG) |
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Filing 18
ORDER. By May 14, 2026, the plaintiffs must each file a disclosure statement as required by Local Rule 3.03. Signed by Magistrate Judge Patricia D. Barksdale on April 23, 2026. (KG)
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| Filing 20 AMENDED COMPLAINT against All Defendants with Jury Demand. Filed by David Frank Petrano, Mary Katherine Day-Petrano. (LNR) |
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Filing 17
ENDORSED ORDER granting #13 Plaintiffs' "Motion for Leave to File Second Amended Complaint." The Clerk is directed to file Docket Entry 13-1 as a separate entry on the docket. Signed by Judge Jordan Emery Pratt on 4/22/2026. (TAV)
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| Filing 16 RETURN of service executed on 4/20/2026 by David Frank Petrano, Mary Katherine Day-Petrano as to Eighth Judicial Circuit of Florida, Glenn Ward. (BD) |
| Filing 15 REFILED DECLARATION of Mary Katherine Day-Petrano - Escalating Emergency by Mary Katherine Day-Petrano re: #14 Emergency Motion (Attachments: #1 Exhibits A-B) (BD) |
| Filing 14 RE-FILED VERIFIED EMERGENCY MOTION for Temporary Restraining Order and Emergency Preliminary Injunction; and Renewed Request for Immediate Emergency Hearing by Mary Katherine Day-Petrano, David Frank Petrano. (Attachments: #1 Exhibit A) (Chambers notified) (BD) |
| Filing 13 MOTION for Leave to File Second Amended Complaint by Mary Katherine Day-Petrano, David Frank Petrano. (Attachments: #1 Proposed Second Amended Complaint)(BD) Motions referred to Magistrate Judge Patricia D. Barksdale. (Additional attachment(s) added on 4/21/2026: #2 Proposed Summons) (BD). |
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Filing 12
ENDORSED ORDER striking #6 Plaintiffs' "Immediate Emergency Supplement to Ex Parte Motion for TRO and Preliminary Injunction." On April 17, 2026, this Court denied without prejudice Plaintiffs' motion for a temporary restraining order and preliminary injunction and struck their complaint as a shotgun pleading. (See Doc. 5). As such, there is no pending motion to supplement. Signed by Judge Jordan Emery Pratt on 4/20/2026. (TAV)
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| Filing 11 SUMMONS issued as to Bradford County Animal Control, Bradford County, Florida, Eighth Judicial Circuit of Florida, Jennifer Frank, Dawn McKinsley, Ann Miller, Glenn Ward. (ELA) |
| Filing 10 AMENDED COMPLAINT against All Defendants with Jury Demand. Terminating Does 1-10 (Inclusive) filed by David Frank Petrano, Mary Katherine Day-Petrano.(ELA) |
| Filing 9 RETURN of service executed on 4/17/2026 by David Frank Petrano as to John Miller. (ELA) |
| Filing 8 RETURN of service executed on 4/17/2026 by David Frank Petrano as to George Paul Gordon Smith. (ELA) |
| Filing 7 RETURN of service executed on 4/17/2026 by David Frank Petrano as to Bradford County Telegraph, Inc. (ELA) |
| Filing 6 STRICKEN per Endorsed Order 12. EMERGENCY SUPPLEMENT to Motion for Temporary Restraining Order and Preliminary Injunction by Mary Katherine Day-Petrano, David Frank Petrano. (Chambers notified) (Attachments: #1 Declaration, #2 Exhibit A)(ELA) Modified text on 4/20/2026 (BD). |
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Filing 5
ORDER denying without prejudice #3 Plaintiffs' "Emergency Motion Based on Irreparable Harm Threat to Life for Temporary Restraining Order Without Notice Pursuant to Fed. R. Civ. P. 65 and for Emergency Preliminary Injunction; Verified Motion." Plaintiffs' #1 Complaint is STRICKEN. On or before May 1, 2026, Plaintiffs shall file an amended complaint in compliance with this Order and all Local Rules and Federal Rules of Civil Procedure. Signed by Judge Jordan Emery Pratt on 4/17/2026. (TAV)
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| Filing 4 SUMMONS issued as to Bradford County Telegraph, Inc., Eight Judicial Circuit of Florida, John Miller, George Paul Gordon Smith, State of Florida. (Issued over the counter) (JVC) |
| Filing 3 EMERGENCY MOTION for Temporary Restraining Order by Mary Katherine Day-Petrano, David Frank Petrano. (Chambers notified) (JVC) Modified on 4/17/2026 to edit docket text (MDC). |
| Filing 2 SUMMONS issued as to Bradford County Telegraph, Inc., Eight Judicial Circuit of Florida, Florida Supreme Court, John Miller, George Paul Gordon Smith, State of Florida, The Florida Bar. (ELA) |
| Filing 1 STRICKEN PER #5 ORDER. COMPLAINT against All Defendants with Jury Demand Filing fee $405.00, receipt number 38633 filed by David Frank Petrano, Mary Katherine Day-Petrano. (No service copies provided) (Attachments: #1 Civil Cover Sheet)(JVC) Modified on 4/17/2026 to edit docket text (MDC). Modified on 4/20/2026 (LD). |
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