Warren v. Devanguardia et al
| Richard Warren |
| Nina Devanguardia, City of Winter Park and David Graham |
| 6:2025cv01573 |
| August 18, 2025 |
| U.S. District Court for the Middle District of Florida |
| Nathan W Hill |
| Julie S Sneed |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 15, 2025. A more recent docket listing may be available from PACER.
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Filing 49
ENDORSED ORDER denying without prejudice #46 Motion for Clerk's Entry of Default. Evasion of service is a basis for seeking alternative or substituted service, but not a basis for obtaining default, as explained by the Court's prior #16 Order. Signed by Magistrate Judge Nathan W. Hill on 10/15/2025. (WRT)
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Filing 48
ENDORSED ORDER denying #45 Plaintiff's motion for relief from the court's order #29 granting in part and denying in part the motions to dismiss. Plaintiff alleges the order is premature as he has not yet received a ruling on his motion to reconsider the court's denial of his motions for a default entry and default judgment. (See Dkt. #45.) However, the court ruled on that motion 27 prior to the order #29 granting the motion to dismiss. If Plaintiff wishes to prevent his case from being dismissed, he should file an amended complaint that corrects the deficiencies outlined in the court's order #29 by October 30, 2025. Signed by Judge Julie S. Sneed on 10/14/2025. (MSB)
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| Filing 47 SUPPLEMENT re #46 MOTION for Clerk's Entry of Default against Nina Devanguardia MOTION for Default Judgment against Nina Devanguardia by Richard Warren. (JG) |
| Filing 46 MOTION for Clerk's Entry of Default against Nina Devanguardia, MOTION for Default Judgment against Nina Devanguardia by Richard Warren. (Attachments: #1 Supplement)(JG) Motions referred to Magistrate Judge Nathan W. Hill. |
| Filing 45 MOTION for Miscellaneous Relief, specifically Relief from Order re #29 Order by Richard Warren. (JG) |
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Filing 44
ENDORSED ORDER granting #37 Plaintiff's motion for an extension of time to file an amended complaint and denying #39 Plaintiff's motion requesting that the court issue certain rulings and that the court provide Plaintiff information about appealing. Courts are not permitted to "serve as de facto counsel" for pro se litigants. GJR Invs., Inc. v. County of Escambia, 132 F.3d 1359, 1369 (11th Cir. 1998). The court recommends that all pro se litigants read the court's Guide for Proceeding Without a Lawyer, available as a PDF file from https://www.flmd.uscourts.gov/litigants-without-lawyers, and that they avail themselves of the other resources found through this website. The record indicates that the Clerk mailed copies of Dkts. #16, 20, and 27 and they were not returned undeliverable; however, the Clerk is DIRECTED to mail Plaintiff additional copies of those orders. The deadline to file is extended to October 30, 2025. Signed by Judge Julie S. Sneed on 10/8/2025. (MSB)
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Filing 43
ENDORSED ORDER denying #38 Motion for Reconsideration / Clarification. Plaintiff offers no basis to reconsider the Court's prior order on his Motion to Compel. To the extent Plaintiff intended to renew his Motion to Compel, the Motion also does not comply with the Court's Order on Discovery Motions #6 because it does not certify that a conferral occurred "in person or via telephone" and it does not attach the specific discovery requests at issue. Signed by Magistrate Judge Nathan W. Hill on 10/7/2025. (Hill, Nathan)
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Filing 42
ENDORSED ORDER denying #40 Motion for Reconsideration / Clarification re #24 Order on Motion for e-filing access. Plaintiff restates the same arguments previously rejected by the Court. To the extent Plaintiff is concerned about delayed receipt of court documents, he can file a notice consenting to receive documents via email, as the Court noted in the prior order. Signed by Magistrate Judge Nathan W. Hill on 10/7/2025. (Hill, Nathan)
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| Filing 41 NOTICE by City of Winter Park, David Graham re #39 MOTION for Miscellaneous Relief, specifically Request for Ruling Request for Court Documents (Mari, Frank) |
| Filing 40 MOTION for Reconsideration re #21 MOTION for Miscellaneous Relief, specifically for Permission to Receive and File Documents Electronically by Richard Warren. (JG) |
| Filing 39 MOTION for Miscellaneous Relief, specifically Request for Ruling Request for Court Documents. (JG) Modified docket text on 10/7/2025 (JG). |
| Filing 38 MOTION for Reconsideration re 28 Order on Motion to Compel by Richard Warren. (JG) |
| Filing 37 MOTION for Extension of Time to Amend re #1 Notice of Removal. by Richard Warren. (JG) |
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Filing 36
ENDORSED ORDER denying without prejudice Plaintiff's #33 motion for summary judgment in light of the court's #29 order dismissing the complaint and denying Plaintiff's #34 motion to disqualify counsel Frank Mari from representing the City of Winter Park and David Graham. Allowing a non-client to raise conflicts that do not implicate his own interests "would allow [the non-client] to use the conflict rules for his own purposes where a genuine conflict might not really exist." In re Yarn Processing Pat. Validity Litig., 530 F.2d 83, 90 (5th Cir. 1976); see Caldwell v. Compass Ent. Grp. LLC, No. 6:14-CV-1701-ORL-41, 2014 WL 7070002, at *3 (M.D. Fla. Dec. 15, 2014) (denying motion to disqualify attorney where the plaintiff alleged a conflict in representing both defendants and collecting cases). Signed by Judge Julie S. Sneed on 10/6/2025. (MSB)
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| Filing 35 CASE MANAGEMENT REPORT. (Mari, Frank) |
| Filing 34 MOTION to Disqualify Counsel Frank Mari from Representing the City of Winter Park and David Graham by Richard Warren. (JG) |
| Filing 33 MOTION for Summary Judgment by Richard Warren. (Attachments: #1 Supplement) (JG) |
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Filing 32
ENDORSED ORDER granting #30 Plaintiff's motion for an extension to file a completed case management form. Plaintiff shall complete and submit the form on or before October 6, 2025. Signed by Judge Julie S. Sneed on 10/1/2025. (MSB)
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| Filing 31 RESPONSE in Opposition re #10 MOTION to Dismiss for Failure to State a Claim , #9 MOTION to Dismiss for Failure to State a Claim filed by Richard Warren. (Attachments: #1 Supplement) (JG) |
| Filing 30 MOTION for Extension of Time to File to Complete Case the Managment Form by Richard Warren. (JG) |
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Filing 29
ORDER. The motions to dismiss (Dkts. #9, #10) are GRANTED in part and DENIED in part. Plaintiff's complaint (Dkt. #1-1) is DISMISSED without prejudice as a shotgun pleading. The motions are otherwise DENIED without prejudice. Plaintiff may file an amended complaint on or before October 17, 2025. The court cautions Plaintiff: "[A]n order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the deadline to amend expires without the plaintiff amending its complaint or seeking an extension of time." Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-20 (11th Cir. 2020). If the amended complaint fails to correct the deficiencies identified in this order or to comply with any of this order's directives, the court may dismiss the amended complaint without notice to Plaintiff. Signed by Judge Julie S. Sneed on 9/26/2025. (MSB)
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Filing 28
ENDORSED ORDER denying without prejudice #25 Motion to Compel Discovery. Discovery has not yet opened in this case pursuant to Rule 26(f), and it is unclear what relief the Motion seeks from this Court, as discovery is conducted between the parties and does not require Court authorization. Signed by Magistrate Judge Nathan W. Hill on 9/24/2025. (WRT)
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Filing 27
ENDORSED ORDER denying #26 Motion for Reconsideration / Clarification. Plaintiff reargues issues that were denied by the Court at Docs. 16 & 23. Defendants filed a response to the complaint within the time period proscribed under Fed. R. Civ. P. 81(c). Signed by Magistrate Judge Nathan W. Hill on 9/23/2025. (Hill, Nathan)
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| Filing 26 MOTION for Reconsideration re #16 Order on Motion for Clerk's Entry of Default, Order on Motion for Hearing / Conference, 20 Order on Motion for Extension of Time to File Order on Motion for Hearing / Conference by Richard Warren. (JG) |
| Filing 25 MOTION to Compel Discovery by Richard Warren. (JG) Motions referred to Magistrate Judge Nathan W. Hill. |
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Filing 24
ORDER denying without prejudice #21 Motion for E-Filing Access. See order for details. However, Plaintiff may consent to receiving documents via email by filing a notice on or before September 29, 2025. Signed by Magistrate Judge Nathan W. Hill on 9/18/2025. (WRT)
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Filing 23
ENDORSED ORDER denying #22 Plaintiff's motion for recusal as to Judge Nathan W. Hill. Under section 636(b)(1)(A), a district court may designate a magistrate judge to hear and determine any pretrial matter, except a dispositive motion. 28 U.S.C. 636(b)(1)(A). Consent is not required for a magistrate judge to rule on non-dispositive matters. Roberts v. Freedom Mortg. Corp., No. 22-14241, 2023 WL 8085566, at *4 (11th Cir. Nov. 21, 2023). The parties' consent is needed only when a magistrate judge "rul[es] on dispositive motions or resolve[s] the case in its entirety." Id.; see Santiago Manuel A. v. Jamison, No. 2:13-CV-781-FTM-29CM, 2015 WL 5091990, at *3 (M.D. Fla. Aug. 28, 2015) ("[P]laintiff's consent is not required for the Magistrate Judge to review pretrial and non-dispositive matters."). Signed by Judge Julie S. Sneed on 9/16/2025. (MSB)
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| Filing 22 MOTION for Recusal as to Judge Nathan W. Hill by Richard Warren. (JG) |
| Filing 21 MOTION for Miscellaneous Relief, specifically for Permission to Receive and File Documents Electronically by Richard Warren. (JG) |
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Filing 20
ENDORSED ORDER denying without prejudice #19 Motion for Miscellaneous Relief, wherein Plaintiff requests additional time to file supplemental materials and seeks a hearing regarding the entry of default. This Court previously #16 denied Plaintiff's motions for default. As such, there is no motion for default requiring supplemental briefing or a hearing. Signed by Magistrate Judge Nathan W. Hill on 9/11/2025. (WRT)
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| Filing 19 MOTION for Extension of Time to File Re Hearing for Default Entries and Judgments and for Hearing on said Motions by Richard Warren. (JG). Added MOTION for hearing on 9/8/2025. Modified on 9/8/2025 to add event and modify the docket text (MLB). |
| Filing 18 Second RESPONSE in Opposition re #10 MOTION to Dismiss for Failure to State a Claim , #9 MOTION to Dismiss for Failure to State a Claim filed by Richard Warren. (JG) Modified docket Text on 9/8/2025 (JG). |
| Filing 17 CERTIFICATE of compliance re #13 Motion for Hearing, #8 Motion to Dismiss by Richard Warren. (JG) |
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Filing 16
ORDER denying #8 Motion for Clerk's Entry of Default and denying #13 Motion for Hearing / Conference. See order for details. Signed by Magistrate Judge Nathan W. Hill on 9/3/2025. (WRT)
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| Filing 15 RESPONSE in Opposition re #13 MOTION for Hearing re #8 MOTION for Clerk's Entry of Default against City of Winter Park, Nina Devanguardia, David Graham filed by City of Winter Park, David Graham. (Mari, Frank) |
| Filing 14 RESPONSE in First Opposition re #9 MOTION to Dismiss for Failure to State a Claim filed by Richard Warren. (JG) (JG). Modified on 9/2/2025 to correct document image (JG). |
| Filing 13 MOTION for Hearing re #8 MOTION for Clerk's Entry of Default against City of Winter Park, Nina Devanguardia, David Graham by Richard Warren. (JG) Motions referred to Magistrate Judge Nathan W. Hill. |
| Filing 12 NOTICE by David Graham of Consent to Removal (Mari, Frank) |
| Filing 11 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Richard Warren. (JG) |
| Filing 10 MOTION to Dismiss for Failure to State a Claim by David Graham. (Mari, Frank) |
| Filing 9 MOTION to Dismiss for Failure to State a Claim by City of Winter Park. (Mari, Frank) |
| Filing 8 MOTION for Clerk's Entry of Default and Motion for a Default Judgment against City of Winter Park, Nina Devanguardia, David Graham by Richard Warren. (JG) Motions referred to Magistrate Judge Nathan W. Hill. |
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Filing 7
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Julie S. Sneed on 8/19/2025. (KLD)
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Filing 6
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Nathan W. Hill on 8/19/2025. (JOR)
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| Filing 5 NEW CASE ASSIGNED to Judge Julie S. Sneed and Magistrate Judge Nathan W. Hill. New case number: 6:25-cv-1573-JSS-NWH. (ARL) |
| Filing 4 NOTICE of a related action per Local Rule 1.07(c) by City of Winter Park, David Graham. Related case(s): Yes (Mari, Frank) |
| Filing 3 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by City of Winter Park, David Graham. (Mari, Frank) |
| Filing 2 NOTICE of Lead Counsel Designation by Frank Mari on behalf of City of Winter Park, David Graham. Lead Counsel: Frank Mari. (Mari, Frank) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Circuit Court of the Ninth Judicial Circuit in and for Orange County, Florida, case number 2025-CA-000274-O filed in State Court on 01/13/2025. Filing fee $405, receipt number AFLMDC-23748003 filed by City of Winter Park. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 State Court Other Documents, #5 Civil Cover Sheet)(Mari, Frank) |
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