Colella et al v. Rogers et al
| Brian Colella and Patricia Pierce-Colella |
| Honorable Steven G. Rogers, First Federal Bank of Kansas City and Brock & Scott, PLLC |
| 5:2025cv00428 |
| July 8, 2025 |
| U.S. District Court for the Middle District of Florida |
| John L Badalamenti |
| Philip R Lammens |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| None |
Docket Report
This docket was last retrieved on December 8, 2025. A more recent docket listing may be available from PACER.
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| Filing 23 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 22
ORDER. The Report and Recommendation (Doc. #18) is ADOPTED and made a part of this Order for all purposes. This case is DISMISSED without prejudice for failure to perfect service pursuant to Federal Rule of Civil Procedure 4(m) and failure to prosecute pursuant to Local Rule 3.10. The Clerk of Court is DIRECTED to terminate any pending deadlines and motions and close the file. See Order for details. Signed by Judge John L. Badalamenti on 12/8/2025. (CAR)
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| Filing 21 Judicial Notice and RESPONSE TO ORDER TO SHOW CAUSE re #16 Order to show cause, filed by Brian Colella. (Attachments: #1 Mailing Envelope)(MGB) |
| Filing 20 Judicial Notice and RESPONSE TO ORDER TO SHOW CAUSE re #16 Order to show cause, filed by Brian Colella. (MGB) |
| Filing 18 REPORT AND RECOMMENDATIONS, recommending that (1) this case be DISMISSED without prejudice for failure to perfect service pursuant to Federal Rule of Civil Procedure 4(m) and failure to prosecute pursuant to Local Rule 3.10; and (2) the Clerk be directed to terminate any pending motions and close this case. Signed by Magistrate Judge Philip R. Lammens on 11/6/2025. (JMA) (PDF corrected October 23rd date from 2023 to 2025. Document replaced and nef regenerated. Modified on 11/7/2025 (MJT). (MJT). |
Filing 17
ORDER directing the Clerk to create a new and separate docket entry for Plaintiff Brian Colella's email sent to chambers on October 23, 2025, which the Court construes to be Plaintiffs' response to the Court's Order to Show Cause (Doc. 16). The docket entry shall identify the document as Plaintiffs' response to the Court's Order to Show Cause (Doc. 16). Going forward, the Court will not accept any submissions from Plaintiffs by email. Signed by Magistrate Judge Philip R. Lammens on 11/6/2025. (JMA) (PDF and docket text corrected October 23rd date from 2023 to 2025. Document replaced and nef regenerated. Modified on 11/7/2025 MJT). (MJT).
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| Filing 19 RESPONSE TO ORDER TO SHOW CAUSE re #16 Order to show cause, filed by Brian Colella. (Received on 10/23/2025 and docketed per #17 ORDER.) (MJT) Modified filed date on 11/7/2025 (MJT). |
Filing 16
ORDER to show cause as to Plaintiffs Brian Colella and Patricia Pierce-Colella. Plaintiffs shall show cause by written response on or before October 22, 2025, why this case should not be dismissed for lack of prosecution pursuant to Local Rule 3.10 due to the failure to comply with a Court Order and failure to perfect service of process within the time prescribed by Federal Rule of Civil Procedure 4(m). Signed by Magistrate Judge Philip R. Lammens on 10/8/2025. (JMA)
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Filing 14
ORDER granting #11 Plaintiffs' Motion to Accept Hand Delivered Response to the extent that it constitutes a motion. Signed by Magistrate Judge Philip R. Lammens on 8/20/2025. (JMA)
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| Filing 15 Judicial Notice of Unauthorized Presumption of Joinder and Demand to Correct Unlawful Addressing Ens Legis Entity(s) and RESPONSE re #4 Order on Motion for Temporary Restraining Order, filed by Brian Colella. (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 13 RESPONSE re #4 Order on Motion for Temporary Restraining Order, filed by Brian Colella. (Attachments: #1 Mailing Envelope)(ABM) |
| Filing 12 RESPONSE re #6 Order on Motion for Extension of Time to File, filed by Brian Colella, Patricia Pierce-Colella. (MGB) |
| Filing 11 MOTION To Accept filing out of time, titled "Motion To accept Hand Delivered Response" by Brian Colella, Patricia Pierce-Colella. (MGB) Motions referred to Magistrate Judge Philip R. Lammens. |
Filing 10
ORDER denying as moot #9 Plaintiffs' Third Amended Motion for Extension of Time to Respond. Signed by Magistrate Judge Philip R. Lammens on 8/14/2025. (JMA)
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| Filing 9 Third Amended MOTION for Extension of Time to Respond by Brian Colella, Patricia Pierce-Colella. (Attachments: #1 Mailing Envelope, #2 Duplicate Filing)(LAW) Motions referred to Magistrate Judge Philip R. Lammens. |
Filing 8
ORDER denying as moot #7 Plaintiffs' Amended Motion for Extension of Time to Respond, in light of the Court's previous Order (Doc. 6) granting the relief sought. Signed by Magistrate Judge Philip R. Lammens on 8/5/2025. (JMA)
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| Filing 7 Amended MOTION for Extension of Time to File Response as to #4 Order on Motion for Temporary Restraining Order by Brian Colella. (Attachments: #1 Mailing Envelope)(LAW) Motions referred to Magistrate Judge Philip R. Lammens. |
Filing 6
ORDER granting #5 Plaintiffs' Amended Motion for Extension of Time to Respond to the Court's July 9, 2025 Order. Plaintiffs shall file supplemental briefing addressing whether the Estate has additional beneficiaries and/or creditors on or before August 12, 2025. Signed by Magistrate Judge Philip R. Lammens on 8/1/2025. (JMA)
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| Filing 5 MOTION for Extension of Time titled "Amended" to comply with the Court's Order and provide supplemental briefing by Brian Colella. (e-portal) (LMF) Motions referred to Magistrate Judge Philip R. Lammens. |
Filing 4
ORDER. Plaintiff Brian Colella's Motion for Temporary Restraining Order and Preliminary Injunctive Relief (Doc. #2) is DENIED without prejudice. Further, Plaintiffs are DIRECTED to file supplemental briefing addressing whether the Estate has additional beneficiaries and/or creditors. This supplemental briefing shall be filed on or before July 24, 2025. Signed by Judge John L. Badalamenti on 7/9/2025. (ACG)
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| Filing 3 NOTICE to pro se litigant. Signed by Magistrate Judge Philip R. Lammens on 7/9/2025. (KLS) |
| Filing 2 MOTION for Temporary Restraining Order titled "Urgent" by Brian Colella and Patricia Pierce-Colella. (KLS) |
| Filing 1 COMPLAINT against Brock & Scott, PLLC, First Federal Bank of Kansas City, and Steven G. Rogers filed by Brian Colella and Patricia Pierce-Colella. Filing fee $405.00, receipt number OCA-14038. (Attachments: #1 Civil Cover Sheet, #2 Affidavit)(KLS) |
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