Kim v. Westwater Construction, Inc. et al
| Michael Kim |
| Lisa M. Castellano, Stephen L. Meininger, Mark S. Miller, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., Stephanie C. Lieb, Justin L. Dees, Westwater Construction, Inc., Eric D. Jacobs, Catherine Peek McEwen, Nathan A. Wheatley, Shirin Mohammadbhoy Vesely, Hunter Wyman Carroll and Deborah Bailey |
| 8:2020cv01475 |
| June 26, 2020 |
| U.S. District Court for the Middle District of Florida |
| Sean P Flynn |
| William F Jung |
| James S Moody |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 17, 2020. A more recent docket listing may be available from PACER.
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| Filing 29 CERTIFICATE of interested persons and corporate disclosure statement re #13 Related case order and track 2 notice by Stephen L. Meininger identifying Other Affiliate Stephen L. Meininger, Other Affiliate Stephen L. Meininger, as Chapter 7 Trustee of the bankruptcy estate of Trail Management, LLC, Other Affiliate Eric D. Jacobs, Other Affiliate Lisa M. Castellano, Other Affiliate Genovese Joblove & Battista, P.A. for Stephen L. Meininger. (Jacobs, Eric) |
| Filing 28 NOTICE of pendency of related cases re #13 Related case order and track 2 notice per Local Rule 1.04(d) by Stephen L. Meininger. Related case(s): Yes (Jacobs, Eric) |
| Filing 27 NOTICE of pendency of related cases re #13 Related case order and track 2 notice per Local Rule 1.04(d) by Westwater Construction, Inc. Related case(s): yes (Lieb, Stephanie) |
| Filing 26 CERTIFICATE of interested persons and corporate disclosure statement re #13 Related case order and track 2 notice by Westwater Construction, Inc. (Lieb, Stephanie) |
| Filing 25 MOTION to Dismiss First Amended Complaint by Westwater Construction, Inc. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7, #8 Exhibit 8)(Lieb, Stephanie) |
| Filing 24 MOTION to Dismiss First Amended Complaint by Stephen L. Meininger. (Jacobs, Eric) |
| Filing 23 FIRST AMENDED COMPLAINT against Lisa M. Castellano, Justin L. Dees, Eric D. Jacobs, Stephanie C. Lieb, Stephen L. Meininger, Mark S. Miller, Trenam, Kemker, Scharf, Barkin, Frye, O'Neill & Mullis, P.A., Shirin Mohammadbhoy Vesely, Westwater Construction, Inc. with Jury Demand. Terminating Nathan A. Wheatley (an individual) filed by Michael Kim. Related document: #1 Complaint filed by Michael Kim. (Attachments: #1 Exhibit A, #2 Exhibit B)(AG) |
| Filing 22 CERTIFICATE of interested persons and corporate disclosure statement by Michael Kim. (AG) Modified on 7/23/2020 (AG). |
| Filing 21 NOTICE of pendency of related cases re #13 Related case order and track 2 notice per Local Rule 1.04(d) by Michael Kim. Related case(s): yes. (AG) |
| Filing 20 NOTICE of filing by Michael Kim re #13 Related case order and track 2 notice. (Attachments: #1 Non-Consent to United States Magistrate)(AG) |
Filing 19
ENDORSED ORDER granting #18 Motion to Seal. Counsel is directed to advise the Clerk's office when the return of service is filed for Magistrate Bailey and when personal information restricted by law is otherwise filed on the docket in this case. Signed by Judge William F. Jung on 7/16/2020. (CCB)
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| Filing 18 MOTION to Seal or redact by Hunter Wyman Carroll(individually), Hunter Wyman Carroll(in his official capacity as a Florida Circuit Judge). (Baker, Samantha-Josephine) |
| Filing 17 NOTICE of Limited Appearance by Samantha-Josephine Baker on behalf of Hunter Wyman Carroll(individually), Hunter Wyman Carroll(in his official capacity as a Florida Circuit Judge) (Baker, Samantha-Josephine) |
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Filing 16
ENDORSED ORDER denying #14 Motion for Reconsideration / Clarification. Signed by Judge William F. Jung on 7/13/2020. (Jung, William)
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| Filing 14 NOTICE of clear error of law; MOTION for Reconsideration re 10 Order dismissing claims against Hunter Carroll and Catherine McEwen by Michael Kim. (Attachments: #1 Exhibit A)(AG) |
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Filing 13
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Counsel and any unrepresented party shall meet within sixty days after service of the complaint upon any defendant for the purpose of preparing and filing a Case Management Report. Signed by Judge William F. Jung on 7/9/2020. (SAO)
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| Filing 11 RETURN of service executed on 7/6/2020 by Michael Kim as to Westwater Construction, Inc. (AG) |
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Filing 10
ENDORSED ORDER dismissing with prejudice claims against Catherine Peek McEwen, Deborah Bailey, and Hunter Wyman Carroll. These are judges, judicial officers who are sued for acts in their roles as judges. The enjoy absolute judicial immunity from all acts taken in their judicial capacity. Plaintiff may reassert its complaint but may not include these judges in it for any act done as a judge, whether the judge made a mistake, acted maliciously, or exceeded his authority. See McCullough v. Finley, 907 F.3d 1324, 1331 (11th Cir. 2018); Alba v. Montford, 517 F.3d 1249, 1252 (11th Cir. 2018); McCree v. Griffin, 2020 WL 2632329 (11th Cir. May 20, 2020). The scope of judicial immunity is to be construed broadly. Stump v. Sparkman, 435 U.S. 349, 356 (1978). Accordingly, the present complaint is dismissed. Plaintiffs must refile a corrected amended complaint within 21 days and omit these judges entirely in any capacity. They sat as judicial officers on Plaintiffs' case or had judicial impact in Plaintiffs' case. If an amended complaint is not filed in accordance with this Order within 21 days, the file will be closed. Signed by Judge William F. Jung on 7/8/2020. (Jung, William)
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Filing 9
ENDORSED ORDER denying #7 Motion. The Motion cites and seeks to enforce a Florida procedural rule which does not apply in federal court. Signed by Judge William F. Jung on 7/8/2020. (Jung, William)
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| Filing 8 RETURN of service executed on 7/6/20 by Michael Kim as to Stephen L. Meininger. (AG) |
| Filing 7 MOTION for Miscellaneous Relief, specifically to refer all matters to Judge William F. Jung by Michael Kim. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Non-Consent to United States Magistrate)(AG) |
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Filing 6
ORDER denying #3 Plaintiff's Motion to Grant Access to CM/ECF. Signed by Magistrate Judge Sean P. Flynn on 7/6/2020. (NCR)
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| Filing 5 Case Reassigned to Judge William F. Jung. New case number: 8:20-cv-1475-T-27SPF. Judge James S. Moody, Jr no longer assigned to the case. (AG) |
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Filing 4
ORDER reassigning this case to the Honorable William F. Jung for all further proceedings pursuant to Local Rule 1.04(b). Signed by Judge James S. Moody, Jr. on 6/30/2020. (SMB)
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| Filing 3 MOTION for Miscellaneous Relief, specifically Grant Access to CM/ECF by Michael Kim. (Attachments: #1 Exhibit A)(CRH) |
| Filing 2 SUMMONS issued as to Hunter Wyman Carroll(individually), Hunter Wyman Carroll(in his official capacity as a Florida Circuit Judge), Catherine Peek McEwen(in her official capacity as a Bankruptcy Judge), Catherine Peek McEwen(individually), Stephen L. Meininger, Mark S. Miller, Westwater Construction, Inc. (JLD) |
| FEES paid by Michael Kim (Filing fee $400.00 receipt number TPA061263) (JLD) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand filed by Michael Kim. (No IFP filed - Filing Fee Not Paid) (Attachments: #1 Exhibit A and B, #2 Civil Cover Sheet)(MCB) |
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