Paylan v. Bondi et al
| Christina Paylan |
| Pamela Bondi, Mark Ober, Darrell Dirks, Christine Brown, City of Tampa, Hillsborough Board of County Commissioners, Jane Castor, Brian Bishop, Mark Detrio, Michael Quill, Jeffrey Morelock, Russell Marcotrigiano, Comaneci Devage, Khalil Abdo, Marie Silva and Does |
| 8:2015cv01366 |
| June 9, 2015 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Hillsborough |
| Charlene Edwards Honeywell |
| Thomas G. Wilson |
| Other Civil Rights |
| 42 U.S.C. ยง 1983 |
| Plaintiff |
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Available Case Documents
The following documents for this case are available for you to view or download:
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Filing
585
ORDER: The Report and Recommendation of the Magistrate Judge 577 is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including appellate review. Petitioners Michael Quill, Khalil Abdo, and Marie Silva's Motion for Attorney's Fees under 42 U.S.C. § 1988 509 is DENIED Signed by Judge Charlene Edwards Honeywell on 8/6/2018. (BGS)
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Filing
526
ORDER: Defendant's Motion to Request Substitution of Party Defendant 491 is GRANTED. The Clerk is directed to substitute Sheriff Chad Chronister, in his official capacity, as a party Defendant in place of Sheriff David Gee. Signed by Judge Charlene Edwards Honeywell on 12/27/2017. (JJH)
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Filing
476
Plaintiff's Motion to Voluntarily Dismiss Defendant Comaneci DeVage Without Prejudice with Tolling Preserved (Doc. 470) is DENIED. Paylan, of course, may dismiss her claims against DeVage, pursuant to Rule 41(a)(1), Fed. R. Civ. P., without an Order of the Court, if she so chooses. Signed by Judge Charlene Edwards Honeywell on 7/7/2017. (JJH)
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Filing
438
ORDER: (1) Christina Paylan's Objection to the Report and Recommendation 424 is OVERRULED. (2) The Report and Recommendation of the Magistrate Judge 419 is ADOPTED, CONFIRMED, and APPROVED in all respects and is made a part of this O rder for all purposes, including appellate review. (3) Devage's Dispositive Motion to Dismiss Plaintiff's Corrected Verified Second Amended Complaint 246 is DENIED. (4) All of the remaining Defendants' Motions to Dismiss (Docs. [ 233], 247 , 248 , 264 , 267 , 290 , and 321 ) are GRANTED, and Defendants Bondi, Ober, Dirks, Brown, Gee, Castor, Morman, Bishop, Detrio, Quill, Morelock, Marcotrigiano, City of Tampa, Silva, and Abdo are DISMISSED WITH PREJUDICE from this case . (5) Quill's Motion of Application of Judicial Estoppel Regarding Plaintiff's Attempt to Re-Characterize her July 1, 2011 Arrest 311 is GRANTED consistent with the findings of the Report and Recommendation. (6) Paylan's Motion t o Amend the Second Amended Complaint 359 is DENIED. (7) Paylan's Motion for Leave to File Objections to Report and Recommendation Beyond Local Rule Restrictions on Page Limitation 425 is GRANTED. (8) All other pending motions in this cas e are DENIED AS MOOT. (9) The Magistrate Judge is directed to hold a status conference to determine what discovery, if any, remains to be undertaken regarding the sole remaining claims against Devage in Count XIII and Count XV. (10) Within ten d ays of the status conference, the remaining parties shall file a notice containing agreed discovery deadlines and a date for trial. All other deadlines will be supplied by the Court. Signed by Judge Charlene Edwards Honeywell on 3/28/2017. (BGS)
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Filing
217
ORDER adopting 216 Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including a ppellate review. (2) Defendant Attorney General Pamela Bondi's Motion to Dismiss Amended Complaint 59 is GRANTED IN PART and DENIED IN PART. (3) Defendant Michael Quill's Motion to Dismiss the Amended Complaint for Failure to State a Claim 61 is GRANTED IN PART and DENIED IN PART. (4) Defendant Jeffrey Morelock's Motion to Dismiss Plaintiff's Complaint 62 is GRANTED IN PART and DENIED IN PART. (5) Defendants City of Tampa and Jane Castor's Motion to Dismiss Amended Complaint 74 is GRANTED IN PART and DENIED IN PART. (6) Defendants Brian Bishop, Mark Detrio and Russell Marcotrigiano's Motion to Dismiss Plaintiff's First Amended Complaint/Motion for More Definite Statement 78 is GRANTED I N PART and DENIED IN PART. (7) Defendant Comaneci Devage's Dispositive Motion to Dismiss Plaintiff's Amended Complaint and Incorporated Memorandum of Law 79 is GRANTED IN PART and DENIED IN PART. (8) Defendants State Attorney Mark Obe r, Assistant State Attorney Darrell Dirks and Assistant State Attorney Christine Brown's Motion to Dismiss Amended Complaint 86 is GRANTED IN PART and DENIED IN PART. (9) Defendant Quill's Motion to Dismiss Under Fed.R.Civ.P. 12(b)(5) a nd for Judgment On the Pleadings 135 is GRANTED IN PART and DENIED IN PART. (10) Defendant Kenneth Morman's Motion to Dismiss Plaintiff's First Amended Complaint/Motion for More Definite Statement 166 is GRANTED IN PART and DENIED IN PART. (11) Plaintiff's Request for Judicial Notice Pursuant to Status Conference and Motion for Oral Argument on Heck 155 is DENIED AS MOOT. (12) Plaintiff's Amended Request for Judicial Notice Pursuant to Status Conference and Amende d Motion for Oral Argument on Heck 156 is DENIED AS MOOT. (13) Plaintiff's Response to Defendant Quill's Notice of Supplemental Authorities and Request for Admonishment Against Defendant Quill 157 is DENIED AS MOOT. (14) Defendant H illsborough County Sheriff's Office Dispositive Motion to Dismiss Plaintiff's Amended Complaint 80 is GRANTED. The Hillsborough County Sheriff's Office is dismissed from this case. The Clerk is directed to terminate the Hillsborough County Sheriff's Office as a party to this case. (15) Pursuant to the Court's Order of December 30, 2015 (Doc. 192), Defendant Quill's Motion to Dismiss Under Fed.R.Civ.P. 12(b) 60 is DENIED to the extent it seeks dismissal of Pay lan's action against him for failure to state a claim. (16) Plaintiff is granted leave to file a Second Amended Complaint within fourteen (14) days from the date of this order, which corrects the deficiencies addressed in the Report and Recommendation. Signed by Judge Charlene Edwards Honeywell on 3/25/2016. (BGS)
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Filing
192
ORDER adopting 160 Report and Recommendation of the Magistrate Judge. 1. The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved, and is made a part of this Order for all purposes, including appellate review. 2. Quill's Objection 161 is OVERRULED. 3. Quill's Motion to Vacate Default and to Dismiss the Amended Complaint for Failure to State a Claim 60 is DENIED AS MOOT to the extent it seeks dismissal for invalid service; 4. Paylan' ;s Motion to Strike Quill's Motion to Dismiss the Amended Complaint for Failure to State a Claim 63 is DENIED; 5. Quill's Motion to Quash Service of Process 65 is DENIED AS MOOT; 6. Paylan's Request to Strike Duplicative Pleading 85 is DENIED; 7. Paylan's Motion to Strike Discovery Requests Propounded by Default Defendant Michael Quill 126 is DENIED; and 8. Paylan's Motion for Leave to File a Reply to Dkt #127 129 and Paylan's Certificate of Compliance re: Dkt #129 132 , filed as a motion to supplement her Motion for Leave to File a Reply, are DENIED AS MOOT. 9. The Court DEFERS ruling on Quill's Motion 60 to the extent it seeks to dismiss the Amended Complaint for failure to state a claim. Signed by Judge Charlene Edwards Honeywell on 12/30/2015. (BGS)
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Filing
142
ORDER adopting 115 Report and Recommendation of the Magistrate Judge. 1. The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved, and is made a part of this Order for all purposes, including appellate review. 2. Paylan's objection is OVERRULED. 3. Quill's Motion to Vacate Default and to Dismiss the Amended Complaint for Failure to State a Claim 60 is GRANTED to the extent it seeks to vacate the default; and 4. The Clerk's Entry of Default 41 is VACATED. 5. The Court DEFERS ruling on Quill's Motion to the extent it seeks to dismiss the Amended Complaint for failure to state a claim. Signed by Judge Charlene Edwards Honeywell on 10/28/2015. (BGS)
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Filing
111
ORDER adopting 104 Report and Recommendation of the Magistrate Judge. (1) The Report and Recommendation of the Magistrate Judge is adopted, confirmed, and approved in all respects and is made a part of this Order for all purposes, including a ppellate review. (2) Defendant's Motion to Set Aside Default on Behalf of Khalil Abdo 84 is GRANTED. Defendant Khalil Abdo shall file a response to the amended complaint within fourteen (14) days. Signed by Judge Charlene Edwards Honeywell on 9/23/2015. (BGS)
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