Thomas v. Franklin et al
| Benjamin Thomas |
| John Joseph Franklin and Miller's Ale House, Inc. |
| Mark A. Hanley |
| 8:2019cv00179 |
| January 23, 2019 |
| US District Court for the Middle District of Florida |
| Virginia M Hernandez Covington |
| Thomas G Wilson |
| Other Statutory Actions |
| 28 U.S.C. § 1441 |
| None |
Docket Report
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This docket was last retrieved on March 20, 2019. A more recent docket listing may be available from PACER.
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Filing 28
ORDER: Defendants John Joseph Franklin and Miller's Ale House, Inc.'s Motion to Dismiss Plaintiff's Amended Complaint with Prejudice (Doc. #25 ) is GRANTED. Pro se Plaintiff Benjamin Thomas's claims brought under 28 U.S.C. 4101 and 18 U.S.C. 1512 and 1001 (Doc. #23 ) are DISMISSED WITH PREJUDICE. The Clerk is directed to CLOSE this case. Signed by Judge Virginia M. Hernandez Covington on 3/20/2019. (DLB)
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| Filing 27 RESPONSE to Motion re #25 MOTION to Dismiss Plaintiff's Amended Complaint with Prejudice filed by Benjamin Thomas. (BES) |
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Filing 26
ENDORSED ORDER: Recently, pro se Plaintiff attempted to file documents by sending them to the Undersigned District Judge's Chambers' email. The Court advises Plaintiff that he should not attempt to directly corresponded with the Judge. Plaintiff has the option of mailing the documents to the Clerk's Office if he does not wish to travel to the Courthouse. Nevertheless, in an effort to move the case along, the Court will treat the document titled, "Objection to Defendants' Motion to Dismiss Amended Complaint With Prejudice" as a response to Defendants' Motion to Dismiss (Doc. #25 ) and allow the Clerk to file it on the record of this case. However, the other document titled, "Petition For Injunction For Protection Against Repeat Violence Sexual Violence And Stalking" is unrelated to the claims brought against Defendants, and therefore, it should not be a part of this case. If Plaintiff has any complaints that need to be addressed, he should send a letter to: Supervisory Deputy U.S. Marshal, 801 N. Florida Avenue, 4th Floor, Tampa, FL 33602. Signed by Judge Virginia M. Hernandez Covington on 3/15/2019. (DLB)
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| Filing 25 MOTION to Dismiss Plaintiff's Amended Complaint with Prejudice by John Joseph Franklin, Miller's Ale House, Inc. (Johnson, Viktoryia) |
| Filing 24 NOTICE of situation by Benjamin Thomas (BES) |
| Filing 23 AMENDED COMPLAINT against John Joseph Franklin, Miller's Ale House, Inc. filed by Benjamin Thomas.(BES) |
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Filing 22
ENDORSED ORDER granting in part and denying in part #21 Motion for clarification. If Mr. Thomas had attended the hearing held on February 22, 2019, he would have had ample opportunity to ask the Court any and all questions. Furthermore, Mr. Thomas needs to follow instructions--the Court asked him to provide his phone number and email address. The Court had to obtain that information from opposing counsel at the February 22 hearing. Finally, Mr. Thomas needs to follow the Local Rules, which he failed to do in the filing of this motion. Mr. Thomas is required to consult with opposing counsel before filing a motion. Having said all that, in trying to move this case along--what the Court meant in its order of February 22, is that Mr. Thomas is being given another opportunity to try to state his case. However, there is no case with respect to the Title 28, United States Code, Section 4101 or Title 18, United States Code, Sections 1503 and 1001. Mr. Thomas can try to state another cause of action. Mr. Thomas is also free to visit the federal courthouse on Tuesdays from 11 to 12:30 p.m. where lawyers will provide free legal advice to pro se litigants such as Mr. Thomas. Signed by Judge Virginia M. Hernandez Covington on 2/27/2019. (Covington, Virginia)
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| Filing 21 MOTION for clarification re 19 Order on motion to dismiss by Benjamin Thomas. (BES) |
| Filing 20 Minute Entry. Proceedings held before Judge Virginia M. Hernandez Covington: STATUS CONFERENCE held on 2/22/2019. Court Reporter: Scott N. Gamertsfelder (TWL) |
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Filing 19
ENDORSED ORDER: For the reasons stated on the record at the hearing conducted on February 22, 2019, Defendants John Joseph Franklin and Miller's Ale House, Inc.'s Motion to Dismiss (Doc. #9 ) is granted in part and denied in part. The Complaint (Doc. # [1-3]) is dismissed without prejudice. Because Plaintiff Benjamin Thomas failed to attend the hearing, the Court takes this opportunity to explain to him that the federal statutes cited in his Complaint -- 28 U.S.C. 4101, 18 U.S.C. 1503, and 18 U.S.C. 1001 -- do not provide private causes of action. Nonetheless, Mr. Thomas also appears to try to state a claim under the ADA for disability discrimination in his Complaint. So, in abundance of fairness to Mr. Thomas as a pro se plaintiff, Mr. Thomas is authorized to file an amended complaint by March 13, 2019. Failure to file an amended complaint will result in dismissal of this case for failure to prosecute. Signed by Judge Virginia M. Hernandez Covington on 2/22/2019. (DLB)
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| Filing 18 NOTICE OF RESCHEDULING HEARING: The Status Conference hearing previously scheduled for 2/13/2019 is rescheduled. New scheduling date and time: Status Conference set for 2/22/2019 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington (TWL) |
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Filing 17
ENDORSED ORDER: The Clerk is directed to reschedule the status conference to February 22, 2019, at 9:00 am. Signed by Judge Virginia M. Hernandez Covington on 2/12/2019. (Covington, Virginia)
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| Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #4 Related case order and track 2 notice by John Joseph Franklin, Miller's Ale House, Inc. (Johnson, Viktoryia) |
| Filing 15 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by John Joseph Franklin, Miller's Ale House, Inc. Related case(s): yes (Johnson, Viktoryia) |
| Filing 14 NOTICE by John Joseph Franklin, Miller's Ale House, Inc. re 12 Order on Motion for Miscellaneous Relief Regarding Pro Se Plaintiff's Availability for Status Conference (Johnson, Viktoryia) |
| Filing 13 CERTIFICATE of interested persons and corporate disclosure statement re #4 Related case order and track 2 notice by Benjamin Thomas. (AG) |
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Filing 12
ENDORSED ORDER denying without prejudice #11 Motion. Since this is defendant's request, defendant should contact the plaintiff and verify that the plaintiff is available on Friday, February 22 at 9:00 a.m. If that date and time are good, the defendant should file such a notice with the Court and the Court will reschedule the hearing. Signed by Judge Virginia M. Hernandez Covington on 2/6/2019. (Covington, Virginia)
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| Filing 11 Unopposed MOTION for miscellaneous relief, specifically to Reschedule Status Conference by John Joseph Franklin, Miller's Ale House, Inc. (Aidman, Todd) |
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Filing 10
ENDORSED ORDER ruling deferred #9 motion to dismiss. Mr. Thomas should be prepared to respond to the motion to dismiss at the status conference scheduled for February 13, 2019. Mr. Thomas should appear in person and explain his arguments against the motion to dismiss. The Court notes the following at this juncture: Franklin, et al. removed this case based on federal jurisdiction, that is, it claimed that because Mr. Thomas cited to federal statutes in his complaint that the case belonged in federal court. Now, Franklin et al. is arguing that none of those statutes provide relief for Mr. Thomas. Because Mr. Thomas is pro se, that is, because he does not have a lawyer representing him, the Court has reviewed the complaint with the deference the appellate courts mandate that trial courts show. Looking to the cause of action, this Court can see that Mr. Thomas appears to be arguing that pursuant to the ADA his rights were violated and he appears to try to state a claim with respect to the fact that he was reported to law enforcement. For these reasons, the Court did not remand this case to state court and for these very reasons a dismissal with prejudice does not appear appropriate either. An explanation by Mr. Thomas at the status conference is in order. Furthermore, the Court is obligated to permit the filing of an amended complaint if it appears that a cause of action can be stated. The Court takes this opportunity to note that while its job is to make decisions that are fair and just, the Court is not Mr. Thomas's lawyer. Mr. Thomas can either continue to represent himself or seek pro bono representation or engage a lawyer to represent him. The Clerk is directed to mail this order to Mr. Thomas. If Mr. Thomas has an email address and a phone number he should provide that information to the Clerk's Office. Signed by Judge Virginia M. Hernandez Covington on 1/31/2019. (Covington, Virginia)
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| Filing 9 MOTION to Dismiss Plaintiff's Complaint with Prejudice by John Joseph Franklin, Miller's Ale House, Inc. (Johnson, Viktoryia) |
| Filing 8 NOTICE of hearing: Status Conference set for 2/13/2019 at 2:00 PM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington.The Clerk's Office is directed to mail this notice to Plaintiff Benjamin Thomas at 2511 Irene Street, Apt. B, Lutz, Florida 33549. (TWL) |
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Filing 7
CASE MANAGEMENT AND SCHEDULING ORDER: Final Pretrial Conference set for 3/12/2020 at 9:00 AM in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Bench Trial set for the April 2020 trial term in Tampa Courtroom 14 B before Judge Virginia M. Hernandez Covington, Conduct mediation hearing by 10/8/2019. Lead counsel to coordinate dates. Signed by Judge Virginia M. Hernandez Covington on 1/30/2019. (TWL) (TWL).
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| Filing 5 CASE MANAGEMENT REPORT. (Johnson, Viktoryia) |
| Filing 6 NOTICE of pendency of related cases re #4 Related case order and track 2 notice per Local Rule 1.04(d) by Benjamin Thomas. Related case(s): no (JCG) |
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Filing 4
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Virginia M. Hernandez Covington on 1/24/2019. (TWL)
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Filing 3
ENDORSED ORDER: Counsel are directed to meet and confer, in person or by telephone, and by February 7, 2019, file a completed Case Management Report. This document can be found on Judge Covington's page of the Court's website at www.flmd.uscourts.gov. Please be advised that the Court's Case Management Report form is different from those used by other judges. Local Rule 3.05(c)(2)(E), M.D. Fla., explains that most track two cases, like the present case, "will be tried within one year after the filing of the complaint." To accomplish this goal, the Court believes that six to eight months is a sufficient period of time to conduct discovery. If the parties believe that more time than eight months will be needed to complete discovery, the parties should provide the Court with a detailed explanation as to why additional time is needed and a timeline for the discovery that is planned. The Court will then determine whether a Case Management Hearing is necessary before entry of a Case Management and Scheduling Order. Signed by Judge Virginia M. Hernandez Covington on 1/24/2019. (DLB)
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| Filing 2 NEW CASE ASSIGNED to Judge Virginia M. Hernandez Covington and Magistrate Judge Thomas G. Wilson. New case number: 8:19-cv-179-T-33TGW. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Circuit Court, case number 18-CA-012682 filed in State Court on 12/31/18. Filing fee $ 400, receipt number 113A-15046978 filed by Miller's Ale House, Inc., John Joseph Franklin. (Attachments: #1 Exhibit A - Summons and Statement of Claim, #2 Exhibit B - Notice of Filing Notice of Removal, #3 State Court COMPLAINT, #4 State Court Docket Sheet, #5 Civil Cover Sheet)(Johnson, Viktoryia) |
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