Simon v. School Board of Orange County, Florida et al
| Don Simon |
| School Board of Orange County, Florida, Dr. David Hardrick, Barbara Washington, Bonnie Wilmot, Ron Weaver, Does 1-10 and John R. Miller |
| 6:2026cv01355 |
| June 22, 2026 |
| U.S. District Court for the Middle District of Florida |
| Paul G Byron |
| Nathan W Hill |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights (Employment Discrimination) |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 13, 2026. A more recent docket listing may be available from PACER.
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Filing 23
ENDORSED ORDER denying without prejudice #22 Motion for Leave to Amend. Plaintiff has already thrice amended his Complaint, and the proposed amended pleading contains the hallmarks of a shotgun pleading which the Court 15 previously directed Plaintiff to avoid. For instance, each count incorporates all preceding counts. Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1321 (11th Cir. 2015). Furthermore, the proposed amended pleading adds, rather than removes, extraneous and immaterial allegations, including many pages of pure legal argument, which is not appropriate in a pleading. Any future proposed amendments must comply with this Court's prior Orders and with Federal Rules of Civil Procedure 8 and 10. Signed by Magistrate Judge Nathan W. Hill on 8/13/2026. (WRT)
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| Filing 22 MOTION to Amend #21 Third Amended Complaint by Don Simon. (Attachments: #1 Amended Complaint)(LJC) (Attachment 1 replaced on 8/11/2026) (LJC). Modified on 8/11/2026 to correct page orientation (LJC). |
| Filing 21 THIRD AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Don Simon. (Attachments: #1 Exhibit List, #2 Exhibits) (WLB) |
| Filing 20 NOTICE of Filing Corrected Third Amended Complaint by Don Simon. (WLB) |
| Filing 19 THIRD AMENDED COMPLAINT against All Defendants with Jury Demand, filed by Don Simon. (Attachments: #1 Exhibit List, #2 Exhibits) (WLB) |
| Filing 18 NOTICE of Amendment as a Matter of Course and WITHDRAWAL of Motion re #12 Unopposed MOTION for Leave to File Second Amended Complaint re 9 Amended Complaint by Don Simon. (WLB) |
| Filing 17 NOTICE of Filing Exhibits to Second Amended Complaint re #14 Notice of Filing Corrected Exhibit by Don Simon. (Attachments: #1 Exhibits) (WLB) |
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Filing 16
ENDORSED ORDER denying without prejudice #13 Motion for Permission to Electronically File Documents Using CM/ECF. This District's CM/ECF Administrative Procedures state that "[a]bsent a court order, a pro se litigant is not permitted to file documents in CM/ECF." Administrative Procedures for Electronic Filing, B(4), UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF FLORIDA (effective August 1, 2025). A pro se litigant may only obtain access to e-filing with a showing of good cause. See Fischer v. Dist. Sch. Bd. of Collier Cnty., No. 2:10-cv-512-FtM-29SPC, 2010 WL 3522215, at *1 (M.D. Fla. Sept. 7, 2010); Gerow v. Blackwell, No. 8:24-cv-02280-KKM-NHA, 2024 WL 4679030 (M.D. Fla. Nov. 5, 2024). Here, Plaintiff has not identified any specific circumstance in this case constituting "good cause" for e-filing access. See Fischer, 2010 WL 3522215, at *1. The Court will, however, permit Plaintiff to receive documents via email rather than by U.S. Mail, as the considerations discussed above do not apply to a pro se party's means of receiving documents. If Plaintiff desires to receive service of documents via email instead of physical mail, Plaintiff may file a notice indicating consent to receive service of documents via email and providing the email to which documents should be served. Signed by Magistrate Judge Nathan W. Hill on 7/8/2026. (Hill, Nathan)
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Filing 15
ENDORSED ORDER granting #12 Motion to Amend. Plaintiff may file a second amended complaint by no later than July 24, 2026. The Court notes that Plaintiff attached a proposed Second Amended Complaint to both the Motion and via a separate "corrected" filing, Doc. #14, but the "corrected" document does not contain exhibits. To avoid additional corrections and amendments, Plaintiff shall refile his complete proposed Second Amended Complaint inclusive of all exhibits. The Court also notes that the proposed Second Amended Complaint as currently drafted is subject to dismissal without prejudice as a shogun complaint. For example, it contains "multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint." Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1321 (11th Cir. 2015). Under the Federal Rules of Civil Procedure, a complaint must provide "a short and plain statement of the claim showing that the pleader is entitled to relief." Fed. R. Civ. P. 8(a)(2). Each allegation must be "simple, concise, and direct." Fed. R. Civ. P. 8(d)(1). The Second Amended Complaint should remove extraneous and immaterial allegations and successive counts should not adopt the allegations of all preceding counts. Signed by Magistrate Judge Nathan W. Hill on 7/8/2026. (Hill, Nathan) Modified on 7/8/2026 (Hill, Nathan).
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| Filing 14 NOTICE of Filing Corrected Exhibit to Pending Motion re #12 Unopposed MOTION for Leave to File Second Amended Complaint re 9 Amended Complaint by Don Simon. (Attachments: #1 Second Amended Complaint) (WLB) |
| Filing 13 MOTION for Authorization to File Electronically Through CM/ECF by Don Simon. (WLB) |
| Filing 12 Unopposed MOTION for Leave to File Second Amended Complaint re #9 Amended Complaint, by Don Simon. (Attachments: #1 Second Amended Complaint) (WLB) |
| Filing 11 NOTICE of Filing First Amended Complaint re #9 Amended Complaint by Don Simon. (WLB) |
| Filing 10 SUMMONS issued as to John R. Miller. (WLB) |
| Filing 9 AMENDED COMPLAINT against Does 1-10, David Hardrick, School Board of Orange County, Florida, Barbara Washington, Ron Weaver, Bonnie Wilmot, John R. Miller with Jury Demand. Terminating Miller (Individually and in Her Official Capacity) filed by Don Simon. (Attachments: #1 Exhibit List, #2 Exhibit 1, #3 Exhibit 2, #4 Exhibit 3, #5 Exhibit 4) (WLB) |
| Filing 8 NOTICE of a related action per Local Rule 1.07(c) by Don Simon. Related case(s): Yes (WLB) |
| Filing 7 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Don Simon. (WLB) |
| Filing 6 ENTERED IN ERROR. (WLB) Modified on 7/2/2026 to edit docket text. (WLB). |
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Filing 5
INIITAL CASE ORDER re: Case Management and Deadlines. Signed by Judge Paul G. Byron on 6/24/2026. (KM)
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| Filing 4 NOTICE to Don Simon - A pro se litigant may consent to receive Notices of Electronic Filings by completing the consent form linked #here or by visiting the court's website at https://www.flmd.uscourts.gov/litigants-without-lawyers. (WLB) |
| Filing 3 NOTICE of a related action per Local Rule 1.07(c) by Don Simon. Related case(s): Yes (WLB) |
| Filing 2 SUMMONS issued as to David Hardrick, Miller, School Board of Orange County, Florida, Barbara Washington, Ron Weaver, Bonnie Wilmot. (In Person) (WLB) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand Filing fee $405.00, receipt number ORL118997 filed by Don Simon. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Civil Cover Sheet) (WLB) |
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