FDMH LLC v. Volusia County Building and Code Administration et al
| FDMH LLC |
| Volusia County Building and Code Administration, Kerry Leuzinger, George Recktenwald, Clay Ervin, John Meinelt and Christopher Ryan |
| 6:2023cv02431 |
| December 20, 2023 |
| US District Court for the Middle District of Florida |
| John Antoon |
| Daniel C Irick |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 19 NOTICE TO COUNSEL Patrick Christopher of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (ARL) |
| Filing 18 CORPORATE disclosure statement by FDMH LLC. (Attachments: #1 Mailing Envelope)(ARL) |
| Filing 17 NOTICE of a related action per Local Rule 1.07(c) by FDMH LLC. Related case(s): Yes (Attachments: #1 Mailing Envelope)(ARL) |
Filing 16
ORDER that Plaintiff shall file its Disclosure Statement no later than February 6, 2024. Signed by Judge John Antoon II on 1/30/2024. (EK)
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Filing 15
ORDER that Plaintiff shall file a Disclosure Statement within seven days. Signed by Judge John Antoon II on 1/16/2024. (EK)
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| ***PRO HAC VICE FEES PAID (Receipt Number ORL110491 for $150.00) by attorney Patrick Christopher, appearing on behalf of FDMH LLC. Related document: #10 MOTION for Patrick Christopher to appear pro hac vice. (TRF) |
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Filing 14
STANDING ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
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Filing 13
INITIAL CASE ORDER - 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. Counsel have 7 days from the date of this order to file their disclosure statement (if not already filed) and to notify the court of a related action (not required if there are no related actions). Signed by Judge John Antoon II on 12/22/2023. (KLD)
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Filing 12
ENDORSED ORDER granting #10 Motion to Appear Pro Hac Vice. Patrick Christopher is granted special admission to practice in the Middle District for purposes of this action pursuant to Local Rule 2.01(c), provided counsel shall register for and use the electronic filing system as adopted by the Court. However, counsel is reminded of the formatting requirements of Local Rule 1.08. Any filing that fails to comply with the Local Rules may be stricken without further notice. Signed by Magistrate Judge Daniel C. Irick on 12/21/2023. (Irick, Daniel)
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| Filing 11 NOTICE TO COUNSEL Patrick Christopher Local Rule 2.01(c), Special Admission of Non-Resident Lawyer - Pay the Special Admission Fee; Submit a Pro Hac Vice E-File Registration through PACER. Visit www.flmd.uscourts.gov/for-lawyers for details (Signed by Deputy Clerk). (AJS) |
| Filing 10 MOTION for Patrick Christopher to appear pro hac vice by FDMH LLC. (e-portal) (AJS) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 9 TRANSFER IN from the Eastern District of New York. Case assigned to District Judge John Antoon, II and Magistrate Judge Daniel C. Irick. New Case Number: 6:23-cv-2431-JA-DCI. (RPB) |
| Filing 8 Case transferred in from District of New York Eastern; Case Number 2:23-cv-08881. File received electronically |
| Case transferred to District of Florida, Middle. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (JC) [Transferred from nyed on 12/20/2023.] |
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ORDER granting #7 Motion to Change Venue. The clerk of the court is directed to immediately transfer this case to the Middle District of Florida, pursuant to 28 U.S.C. 1404(a). Ordered by Judge Gary R. Brown on 12/18/2023. (KN) [Transferred from nyed on 12/20/2023.]
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| Filing 7 MOTION to Transfer Venue / RESPONSE TO ORDER TO SHOW CAUSE by FDMH LLC (Christopher, Patrick) Modified on 12/18/2023 to edit to a motion pursuant to GRB Chambers(JC). [Transferred from nyed on 12/20/2023.] |
| Filing 6 Letter TO HON. GARY R. BROWN by FDMH LLC (Christopher, Patrick) [Transferred from nyed on 12/20/2023.] |
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ORDER TO SHOW CAUSE In its complaint, plaintiff asserts that venue is proper in this district according to 28 U.S.C. 2343. However, that provision is part of the Administrative Orders Review Act, which pertains only to the proper venue for appellate review of certain final orders of federal agencies, as described in 28 U.S.C. 2342. Therefore, this provision cannot serve as a basis for venue in the Eastern District of New York. Under the generally applicable venue statue, 28 U.S.C. 1391, venue is proper only in the judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located or in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated. From this language, venue appears to be proper only in the Middle District of Florida. Plaintiffs counsel is therefore directed to respond by December 29, 2023 by (1) making a motion to transfer this action to the Middle District of Florida, (2) filing a notice of dismissal, or (3) providing any authority that would permit this action to remain in this judicial district. Ordered by Judge Gary R. Brown on 12/11/2023. (KN) [Transferred from nyed on 12/20/2023.]
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| Your proposed summons was not issued for one of the following reasons: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION or AO 441 Rev 7/10, SUMMONS ON A THIRD-PARTY COMPLAINT., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (JC) [Transferred from nyed on 12/20/2023.] |
| Filing 5 Proposed Summons. by FDMH LLC (Attachments: #1 Proposed Summons FOR KERRY LAUZINGER, #2 Proposed Summons FOR GEORGE RECKTENWALD, #3 Proposed Summons FOR CLAY ERVIN, #4 Proposed Summons FOR JOHN MEINELT, #5 Proposed Summons FOR CHRISTOPHER RYAN) (Christopher, Patrick) [Transferred from nyed on 12/20/2023.] |
| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ) [Transferred from nyed on 12/20/2023.] |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) [Transferred from nyed on 12/20/2023.] |
| Filing 2 Civil Cover Sheet.. by FDMH LLC (Christopher, Patrick) [Transferred from nyed on 12/20/2023.] |
| Your proposed summons was not issued for the following reason: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (LJ) [Transferred from nyed on 12/20/2023.] |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) [Transferred from nyed on 12/20/2023.] |
| Incorrect Document Entry Information. Complaint was entered as against plaintiff; entry was deleted and re-entered as against all defendants. (LJ) [Transferred from nyed on 12/20/2023.] |
| Notice: Re: Incomplete Civil Cover Sheet. A completed Civil Cover Sheet was not filed - specifically page 2 of the document is missing; the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) [Transferred from nyed on 12/20/2023.] |
| Filing 1 COMPLAINT against All Defendants, filed by FDMH LLC. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (LJ) Modified on 12/6/2023 (LJ). [Transferred from nyed on 12/20/2023.] |
| FILING FEE: $ 405, receipt number ANYEDC-17339881 (LJ) [Transferred from nyed on 12/20/2023.] |
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