Atkins v. Toure et al
| Whitney Atkins |
| Officer Randolph Toure, Paramedic Ashlin Mowery and Principle Eric Polite |
| Tom Brown |
| 6:2025cv02044 |
| October 23, 2025 |
| U.S. District Court for the Middle District of Florida |
| Paul G Byron |
| Daniel C Irick |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 16, 2026. A more recent docket listing may be available from PACER.
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Filing 40
ORDER to show cause as to Whitney Atkins. On February 20, 2026, the Court entered a Case Management and Scheduling Order directing Plaintiff to "contact opposing counsel and the mediator to reserve a conference date and shall file a Notice with the Court within 14 days of this Order advising of the date." (Doc. #36, p. 3 (the "CMSO")). No such notice was filed. On March 13, 2026, the Court entered an Order to Show Cause directing Plaintiff to show cause and file a response to the CMSO. (Doc. #38). On March 30, 2026, Plaintiff filed a response stating that they have begun the process of scheduling mediation. (Doc. #39). However, to date no notice has been filed with the Court indicating the mediator and the mediation date. Therefore, it is ORDERED that Plaintiff shall SHOW CAUSE, file a response to said Order, and file a Notice of Mediation on or before April 29, 2026. Failure to comply with this Order may result in dismissal of the case without further notice or other appropriate sanctions. Signed by Judge Paul G. Byron on 4/16/2026. (KM)
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| Filing 39 RESPONSE TO ORDER TO SHOW CAUSE re #38 Order to show cause filed by Whitney Atkins. (Attachments: #1 Mailing Envelope)(MSN) |
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Filing 38
ORDER to show cause as to Whitney Atkins. Plaintiff has failed to comply with the Court's Order of February 20, 2026 directing Plaintiff to "contact opposing counsel and the mediator to reserve a conference date and shall file a Notice with the Court within 14 days of this Order advising of the date." (Doc. #36, p. 3). Such notice was never filed with the Court. Therefore, it is ORDERED that Plaintiff shall SHOW CAUSE and file a response to said Order within fourteen (14) days from the date of this Order. Failure to comply with this Order may result in dismissal of the case without further notice or other appropriate sanctions. Signed by Judge Paul G. Byron on 3/13/2026. (KM)
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| Filing 37 CASE REFERRED to Mediation. (AM) |
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Filing 36
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 4/20/2026. Joinder of Parties due by 4/20/2026. Discovery due by 12/1/2026. Dispositive motions due by 1/4/2027. Pretrial statement due by 4/19/2027. All other motions due by 4/26/2027. Plaintiff disclosure of expert report due by 10/5/2026. Defendant disclosure of expert report due by 11/2/2026. Final Pretrial Conference set for 5/18/2027 at 03:00 PM in Orlando Courtroom 4 B before Judge Paul G. Byron. Jury Trial set for the trial term commencing on 6/1/2027 at 09:00 AM in Orlando Courtroom 4 B before Judge Paul G. Byron. Conduct mediation hearing by 12/14/2026. Lead counsel to coordinate dates. Signed by Judge Paul G. Byron on 2/20/2026. (KM)
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| Filing 35 CASE MANAGEMENT REPORT. (Bledsoe, William) |
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Filing 34
ORDER to show cause as to Whitney Atkins. Plaintiff has failed to file a Case Management Report within the time required by Local Rule 3.02(b). Plaintiff is hereby DIRECTED to file a written response within fourteen (14) days from the date of this Order why this case should not be dismissed, pursuant to Local Rule 3.10, for lack of prosecution due to the non-filing of a Case Management Report within the time prescribed by Local Rule 3.02(b). Failure to respond to this Order may result in a dismissal of this action or the imposition of other appropriate sanctions without further notice from the Court. Signed by Judge Paul G. Byron on 2/9/2026. (KM)
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| Filing 33 RESPONSE in Opposition re #20 MOTION to Dismiss for Failure to State a Claim filed by Whitney Atkins. (MSN) (Additional attachment(s) added on 1/20/2026: #1 Mailing Envelope) (MSN). |
| Filing 32 RESPONSE in Opposition re #19 MOTION to Dismiss Complaint filed by Whitney Atkins. (Attachments: #1 Mailing Envelope)(MSN) |
| Filing 31 RESPONSE in Opposition re #21 MOTION to Dismiss Complaint filed by Whitney Atkins. (Attachments: #1 Mailing Envelope)(MSN) |
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Filing 30
ENDORSED ORDER granting #28 Motion for Extension of Time to File Response to Motions to Dismiss (Docs. #19, #20, and #21), due to the #29 Response stating no opposition to the Motion for Extension. Responses due by 1/20/2026. Plaintiff is cautioned that a failure to confer and certify conferral as required by Local Rule 3.01(g) may result in denial of a motion without further notice. Further, a failure to comply with the Local Rules, including a failure to respond to a request for conferral, may result in sanctions up to and including dismissal of this case. Signed by Magistrate Judge Daniel C. Irick on 1/8/2026. (Irick, Daniel)
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| Filing 29 RESPONSE to Motion re #28 MOTION for Extension of Time to File Response/Reply as to #21 MOTION to Dismiss Complaint , #19 MOTION to Dismiss Complaint , #20 MOTION to Dismiss for Failure to State a Claim filed by Eric Polite. (Ershock, Alex) |
| Filing 28 MOTION for Extension of Time to File Response in Opposition as to #21 MOTION to Dismiss Complaint , #19 MOTION to Dismiss Complaint , #20 MOTION to Dismiss for Failure to State a Claim by Whitney Atkins. (Attachments: #1 Mailing Envelope)(MSN) |
| Filing 27 Tangible Item Received. One USB with Exhibits 1-3 by Randolph Toure re #21 MOTION to Dismiss Complaint . Stored in the Clerk's office (Attachments: #1 Mailing Envelope) (MSN) |
| Filing 26 SUPPLEMENT re #19 MOTION to Dismiss Complaint by Ashlin Mowery. (Bledsoe, William) |
| Filing 25 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Randolph Toure. (Russell, David) |
| Filing 24 NOTICE of a related action per Local Rule 1.07(c) by Randolph Toure. Related case(s): Yes (Russell, David) |
| Filing 23 NOTICE of Lead Counsel Designation by David Michael Bonner Russell on behalf of Randolph Toure. Lead Counsel: David M.B. Russell. (Russell, David) |
| Filing 22 NOTICE of Filing Exhibits to Motion re #21 MOTION to Dismiss Complaint by Randolph Toure. (Russell, David) Modified text on 12/29/2025 (MCB). |
| Filing 21 MOTION to Dismiss Complaint by Randolph Toure. (Russell, David) |
| Filing 20 MOTION to Dismiss for Failure to State a Claim by Eric Polite. (Ershock, Alex) |
| Filing 19 MOTION to Dismiss Complaint by Ashlin Mowery. (Bledsoe, William) |
| Filing 18 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Ashlin Mowery. (Bledsoe, William) |
| Filing 17 NOTICE of a related action per Local Rule 1.07(c) by Ashlin Mowery. Related case(s): No (Bledsoe, William) |
| Filing 16 NOTICE of Lead Counsel Designation by William K. Bledsoe on behalf of Ashlin Mowery. Lead Counsel: W. Kevin Bledsoe. (Bledsoe, William) |
| Filing 15 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Eric Polite identifying Other Affiliate Volusia County School District, Other Affiliate Brown & Brown Inc., Other Affiliate Richard Milburn Academy of Florida, Inc. for Eric Polite. (Ershock, Alex) Modified on 12/12/2025 to edit docket text. (AR) |
| Filing 14 NOTICE of Appearance by Alex Brandon Claude Ershock on behalf of Eric Polite (Ershock, Alex) |
| Filing 13 NOTICE of Lead Counsel Designation by Cheryl L. Wilke on behalf of Eric Polite. Lead Counsel: Cheryl Wilke. (Wilke, Cheryl) |
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Filing 12
ENDORSED ORDER denying without prejudice #11 Motion for Clerk's Entry of Default. There is no proof of service compliant with Fed.R.Civ.P. 4 on the docket or attached to the Motion. Signed by Magistrate Judge Daniel C. Irick on 11/24/2025. (Irick, Daniel)
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| Filing 11 MOTION for Clerk's Entry of Default against Ashlin Mowery, Eric Polite, Randolph Toure by Whitney Atkins. (Attachments: #1 Mailing Envelope)(MSN) Motions referred to Magistrate Judge Daniel C. Irick. |
| Filing 10 NOTICE of Order Referring Case to U.S. Magistrate Judge for IDEAL Program. See attached Order for important deadlines and information about the IDEAL Program. (TNP) |
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Filing 9
ORDER ON DISCOVERY MOTIONS. Signed by Magistrate Judge Daniel C. Irick on 1/2/2020. (TNP)
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Filing 8
ENDORSED ORDER to strike re: #6 Case Management Report. The Court does not accept unilaterally filed versions of this document. Plaintiff may refile with consent from defendants. Signed by Judge Paul G. Byron on 11/13/2025. (KM)
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| Filing 6 ***STRICKEN PER ORDER 8*** UNILATERAL CASE MANAGEMENT REPORT. (Attachments: #1 Mailing Envelope)(MSN) Modified on 11/14/2025 to strike as directed (RPB). |
| Filing 5 NOTICE of a related action per Local Rule 1.07(c) by Whitney Atkins. Related case(s): Yes (Attachments: #1 Exhibit A, #2 Mailing Envelope)(MSN) |
| Filing 4 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Whitney Atkins. (Attachments: #1 Mailing Envelope)(MSN) |
| Filing 3 SUMMONS issued as to Ashlin Mowery, Eric Polite, Randolph Toure. (Attachments: #1 Mailing Envelope)(MSN) |
| FEES Paid by Whitney Atkins (Filing fee $405.00, Receipt Number ORL No. 116738). (MLB) |
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Filing 2
INITIAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 10/24/2025. (KM)
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| Filing 1 COMPLAINT against Ashlin Mowery, Eric Polite, Randolph Toure with Jury Demand filed by Whitney Atkins. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons, #3 Proposed Summons, #4 Proposed Summons, #5 Mailing Envelope) (No IFP)(MSN) Modified on 10/24/2025 to edit docket text (MSN). |
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