Douse v. Neal Communities of Southwest Florida, Inc.
Plaintiff: James Nathaniel Douse
Defendant: Neal Communities of Southwest Florida, Inc.
Case Number: 8:2020cv01587
Filed: July 21, 2020
Court: US District Court for the Middle District of Florida
Office: Tampa Office
Presiding Judge: Mary S Scriven
Referring Judge: Thomas G Wilson
Nature of Suit: Civil Rights: Accommodations
Cause of Action: 42 U.S.C. § 1981
Jury Demanded By: None
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Docket Report

This docket was last retrieved on August 20, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 20, 2020 Opinion or Order Filing 35 ORDER STAYING and ADMINISTRATIVELY CLOSING this case pending resolution of Plaintiff's interlocutory appeal. Signed by Judge Mary S. Scriven on 8/20/2020. (APF)
August 17, 2020 Filing 34 NOTICE to the Court by James Nathaniel Douse (Attachments: #1 Exhibit)(JLD)
August 5, 2020 Opinion or Order Filing 33 ORDER granting #28 defendant's Motion for Matthew E. Vogler to Appear Pro Hac Vice. Signed by Magistrate Judge Thomas G. Wilson on 8/5/2020. (DMS)
August 5, 2020 Opinion or Order Filing 32 ORDER granting #29 Motion to Withdraw as Attorney. Signed by Magistrate Judge Thomas G. Wilson on 8/5/2020. (Wilson, Thomas)
August 4, 2020 Filing 31 MOTION to Dismiss for Failure to State a Claim by Neal Communities of Southwest Florida, Inc.. (Vogler, Edward)
August 4, 2020 Filing 30 CERTIFICATE of interested persons and corporate disclosure statement re #25 Interested persons order by Neal Communities of Southwest Florida, Inc.. (Vogler, Edward)
August 4, 2020 Filing 29 MOTION for Van R. Irion to Withdraw as Attorney by Neal Communities of Southwest Florida, Inc.. (Vogler, Edward) Motions referred to Magistrate Judge Thomas G. Wilson.
August 4, 2020 Filing 28 MOTION for Matthew Edward Vogler to appear pro hac vice, Special Admission fee paid, Receipt No. 113A-17139767 for $150 by Neal Communities of Southwest Florida, Inc.. (Vogler, Edward) Motions referred to Magistrate Judge Thomas G. Wilson.
August 4, 2020 Filing 27 NOTICE of Appearance by Edward Vogler, II on behalf of Neal Communities of Southwest Florida, Inc. (Vogler, Edward)
August 3, 2020 Filing 26 NOTICE to the Court by James Nathaniel Douse (Attachments: #1 Exhibits)(LD)
July 21, 2020 Opinion or Order Filing 25 INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 8/4/2020. Signed by Judge Mary S. Scriven on 7/21/2020. (KAC)
July 21, 2020 Opinion or Order Filing 24 RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 8/4/2020. Signed by Judge Mary S. Scriven on 7/21/2020. (KAC) (KAC).
July 21, 2020 Filing 23 NOTICE to counsel Matthew Vogler and Van Irion of Local Rule 2.02, Special Admission to Practice - Non-resident attorney shall file a written designation and consent-to-act on the part of some member of the bar of this Court; Pay the $150.00 Special Admission Fee; Complete the E-Filer Registration Form to obtain a login and password for CM/ECF; Local counsel must electronically file a Motion to appear Pro Hac Vice on behalf of the non-resident attorney (Signed by Deputy Clerk). (JNB)
July 21, 2020 Filing 22 TRANSFER IN from the Middle District of Tennessee. Case assigned to District Judge Mar;y S. Scriven and Magistrate Judge Thomas G. Wilson. New Case Number: 8:20-1587-T-35TGW. (JNB)
July 21, 2020 Filing 21 Case transferred in from District of Tennessee Middle; Case Number 3:20-cv-00277. File received electronically
July 20, 2020 Opinion or Order Filing 20 ORDER DISMISSING CASE: Magistrate Judge Holmes has entered a Report and Recommendation ("R&R") (Doc. No. #18) in which she recommends that Defendant's Motion to Dismiss (Doc. No. #12) be denied without prejudice and that, in lieu of dismissal, the case be transferred to the Middle District of Florida where it could have been brought. Plaintiff has filed two Objections to the R&R (Doc. No. #19), neither of which is persuasive. Accordingly, the R&R (Doc. No. #18) is ACCEPTED and APPROVED and Plaintiff's Objections thereto (Doc. No. #19) are OVERRULED. Defendant's Motion to Dismiss (Doc. No. #12) is DENIED WITHOUT PREJUDICE and this case is hereby TRANSFERRED to the United States District Court for the Middle District of Florida pursuant to 28 U.S.C. 1406(a). Signed by Chief Judge Waverly D. Crenshaw, Jr on 7/20/2020. (xc:Pro se party by regular mail. ) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from tnmd on 7/21/2020.]
July 3, 2020 Filing 19 OBJECTION re #18 Report and Recommendations by James Nathaniel Douse. (mg) [Transferred from tnmd on 7/21/2020.]
June 23, 2020 Filing 18 REPORT AND RECOMMENDATION re #12 MOTION to Dismiss: Based on the foregoing, it is respectfully RECOMMENDED that Defendants' motion to dismiss (Docket Entry No. #12) be DENIED WITHOUT PREJUDICE to the extent that Defendant seeks dismissal of this action and that the action be TRANSFERRED to the United States District Court for the Middle District of Florida. Signed by Magistrate Judge Barbara D. Holmes on 6/23/2020. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from tnmd on 7/21/2020.]
May 19, 2020 TN State Bar status verified as active for Van R. Irion. (mg) [Transferred from tnmd on 7/21/2020.]
May 18, 2020 Filing 17 REPLY to Response to re #12 MOTION to Dismiss filed by Neal Communities of Southwest Florida, Inc.. (Vogler, Matthew) [Transferred from tnmd on 7/21/2020.]
May 18, 2020 Filing 16 NOTICE of Appearance by Van R. Irion on behalf of Neal Communities of Southwest Florida, Inc. (Irion, Van) [Transferred from tnmd on 7/21/2020.]
May 8, 2020 Opinion or Order Filing 15 ORDER: On May 6, 2020, Plaintiff filed a response in opposition, see Docket Entry No. #14, to Defendant's pending motion to dismiss #12. In accordance with Local Rule 7.01, Defendant is directed to file a reply of no more than five pages by May 18, 2020. No sur-reply from Plaintiff is permitted. Signed by Magistrate Judge Barbara D. Holmes on 5/8/2020. (xc:Pro se party by regular mail.) (mg) [Transferred from tnmd on 7/21/2020.]
May 6, 2020 Filing 14 RESPONSE in Opposition re #12 MOTION to Dismiss filed by James Nathaniel Douse. (mg) [Transferred from tnmd on 7/21/2020.]
April 29, 2020 Opinion or Order Filing 10 ORDER granting #7 Motion for Matthew E. Vogler to Appear Pro Hac Vice. Signed by Kirk L. Davies on 4/29/20. (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(Davies, Kirk) Modified text on 4/30/2020 (hb). [Transferred from tnmd on 7/21/2020.]
April 28, 2020 Filing 9 RECEIPT #34675058663 in the amount of $100 posted by Neal Communities of Southwest Florida, Inc. re #7 Matthew E. Vogler's Motion to Appear Pro Hac Vice. (mg) [Transferred from tnmd on 7/21/2020.]
April 28, 2020 Filing 8 RECEIPT #34675058363 in the amount of $400 posted by James Nathaniel Douse re #1 Complaint. (mg) [Transferred from tnmd on 7/21/2020.]
April 27, 2020 NOTICE TO COUNSEL Matthew Vogler: WITHIN 21 DAYS, counsel shall associate local counsel qualified to practice in the United States District Court for the Middle District of Tennessee. Local counsel shall electronically file a Notice of Appearance (LR 83.01(d)). Appearance by local counsel due by 5/18/2020. (mg) [Transferred from tnmd on 7/21/2020.]
April 27, 2020 IL State Bar status verified as active for Matthew Vogler. (mg) [Transferred from tnmd on 7/21/2020.]
April 24, 2020 Filing 13 MEMORANDUM in Support of #12 MOTION to Dismiss filed by Neal Communities of Southwest Florida, Inc. (Attachments: #1 Exhibit A - AFFIDAVIT OF MICHAEL STOREY IN SUPPORT OF MOTION TO DISMISS, #2 Exhibit B - Document, Detail by Entity Name)(mg) [Transferred from tnmd on 7/21/2020.]
April 24, 2020 Filing 12 MOTION to Dismiss by Neal Communities of Southwest Florida, Inc. (mg) [Transferred from tnmd on 7/21/2020.]
April 24, 2020 Filing 11 BUSINESS ENTITY DISCLOSURE STATEMENT filed by Neal Communities of Southwest Florida, Inc. (mg) Modified on 4/29/2020 (mg). [Transferred from tnmd on 7/21/2020.]
April 24, 2020 Filing 7 MOTION for attorney Matthew E. Vogler to Appear Pro Hac Vice ($100 Fee Paid) by Neal Communities of Southwest Florida, Inc.. (Attachments: #1 Attachment - Certificate of Good Standing)(mg) Modified on 4/27/2020 (mg). Modified on 4/29/2020 (mg). [Transferred from tnmd on 7/21/2020.]
April 7, 2020 Filing 6 SUMMONS returned executed by James Nathaniel Douse. Neal Communities of Southwest Florida, Inc. served on 4/3/2020. (mg) [Transferred from tnmd on 7/21/2020.]
April 7, 2020 Opinion or Order Filing 5 ORDER: By Order April 6, 2020 (Docket Entry No. #4), the Court referred this pro se case to the Magistrate Judge for pretrial proceedings. As Plaintiff was advised in the Order, he is responsible for serving the defendant with the summons and complaint. In accordance with Rule 4(m), he must serve the defendant with the summons and complaint within 90 days of the date the complaint was filed, unless this time is extended by the Court upon a showing of good cause, or this case will be dismissed. The Clerk is directed to send all orders entered in this case to the pro se Plaintiff by regular, first class mail (only), unless otherwise directed by the Court. Signed by Magistrate Judge Barbara D. Holmes on 4/7/2020. (xc:Pro se party by regular mail this Order as well as the previous Order #4.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from tnmd on 7/21/2020.]
April 6, 2020 Opinion or Order Filing 4 ORDER REFERRING CASE: Plaintiff filed a complaint against Neal Communities of Southwest Florida, Inc. pursuant to 42 U.S.C. 1881. (Doc. No. #1). Plaintiff paid in full the $400.00 filing fee. (Id.) This action is REFERRED to the Magistrate Judge to oversee service of process on Defendant, to enter a scheduling order for the management of the case. Plaintiff is further notified that he MUST keep the Court informed at all times of his current address. Signed by Chief Judge Waverly D. Crenshaw, Jr on 4/6/2020. (xc:Pro se party by regular mail.) (DOCKET TEXT SUMMARY ONLY-ATTORNEYS MUST OPEN THE PDF AND READ THE ORDER.)(mg) [Transferred from tnmd on 7/21/2020.]
March 31, 2020 Filing 3 Summons issued as to Neal Communities of Southwest Florida, Inc. Service copies will be returned to Pro Se party by mail. (mg) [Transferred from tnmd on 7/21/2020.]
March 31, 2020 Filing 2 NOTICE/INFORMATION regarding Consent of the Parties to the Magistrate Judge. (mg) [Transferred from tnmd on 7/21/2020.]
March 31, 2020 Notice mailed to pro se party regarding filing of new case (docket sheet & certificate of service form and Notice, Consent form included.) (mg) [Transferred from tnmd on 7/21/2020.]
March 30, 2020 Filing 1 COMPLAINT against Neal Communities of Southwest Florida, Inc. (Filing fee $400, Receipt number 34675058363), filed by James Nathaniel Douse. (Attachments: #1 Attachment - Civil Cover Sheet, #2 Exhibit A - Threating Email from Allegiant Title Professionals, LLC, #3 Exhibit B - United States Marine Corps Honorable Discharged letter, #4 Exhibit C - Wire Transaction, #5 Exhibit D - Tennessee Drivers License, #6 Exhibit E - Exemptions: Property Tax and Ad Uolurem Tax, #7 Exhibit F - Wire Transaction, #8 Exhibit G - Defendant's Sales Contract, #9 Exhibit H - Florida Statutes Title XIV, #10 Exhibit I - March 15, 2020 HUD Fair Housing Letter and Complaint, #11 Exhibit J - Incidents of Indifferent Treatment and Strero Types, #12 Exhibit K - a 3 car Garage too Small for a normal size car, #13 Exhibit L - Emails Showing the Disregards to Buyer and my Loan Processor, #14 Attachment - Filing Fee Receipt)(mg) [Transferred from tnmd on 7/21/2020.]

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Defendant: Neal Communities of Southwest Florida, Inc.
Represented By: Van R. Irion
Represented By: Matthew Vogler
Represented By: Edward Vogler, II
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Plaintiff: James Nathaniel Douse
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