Kim v. United States of America et al
| Michael Kim |
| Lisa M. Castellano, Westwater Construction, Inc., Mark S. Miller, Eric Jacobs, Trustee Stephen L. Meininger, Catherine Peek McEwen, United States of America, William F. Jung, Stephanie C. Lieb, Stephen L. Meininger, United States Bankruptcy Court and Shirin Mohammadbhoy Vesely |
| 8:2020cv02791 |
| November 25, 2020 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Kathryn K Mizelle |
| Amanda Arnold Sansone |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on January 28, 2021. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 16 SUGGESTION of Bankruptcy by Stephen L. Meininger. (Attachments: #1 Exhibit Sanctions Order, #2 Exhibit Martin-Trigona Order, #3 Exhibit Third Sanctions Motion)(Jacobs, Eric) |
| Filing 15 NOTICE of submitting Proposed Order by Michael Kim re #11 MOTION for Temporary Restraining Order. (AG) |
| Filing 14 DECLARATION of Michael Kim in support of #11 MOTION for Temporary Restraining Order by Michael Kim. (Attachments: #1 Exhibit A - Trustee_Settlement with Westwater, #2 Exhibit B - Bankruptcy Court Docket, #3 Exhibit C - Bankruptcy Court Transcript 7/28/20, #4 Exhibit D - Contractor's Final Affidavit)(AG) |
| Filing 13 RETURN of service executed on 01/20/21 by Michael Kim as to Westwater Construction, Inc. (AG) |
| Filing 12 MEMORANDUM in support re #11 Emergency Motion for Temporary Restraining Order filed by Michael Kim. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(CRH) |
| Filing 11 EMERGENCY MOTION for Temporary Restraining Order by Michael Kim. (Attachments: #1 Exhibit A, #2 Exhibit B)(CRH) |
| Filing 10 MOTION for Summary Judgment by Michael Kim. (Attachments: #1 Exhibit A: Perfected NFTL, #2 Exhibit B: Notice of Lis Pendens, #3 Exhibit C: Claim of Lein, #4 Exhibit D: Lien Analysis, #5 Exhibit E: Final Affidavit, #6 Exhibit F: Westwater Counterclaim, #7 Exhibit G: Daake Case, #8 Exhibit H: IRS Deed of Real Estate, #9 Exhibit I: Death of Westwater Lien and Timeline)(JLD) Modified event on 1/19/2021 (JNB). |
| Filing 9 SUMMONS returned executed by Michael Kim. United States of America served on 1/14/2021, answer due 3/15/2021. (AG) |
| Filing 8 RETURN of service executed on 1/14/2021 by Michael Kim as to United States Bankruptcy Court. (AG) |
| Filing 7 SUMMONS issued as to Westwater Construction, Inc. (AG) |
| Filing 6 SUMMONS issued as to United States Bankruptcy Court, United States of America. (AG) |
| Filing 5 FIRST AMENDED COMPLAINT against Lisa M. Castellano, Eric Jacobs, Stephanie C. Lieb, Stephen L. Meininger, Mark S. Miller, United States of America, Westwater Construction, Inc., United States Bankruptcy Court, Shirin Mohammadbhoy Vesely with Jury Demand. Terminating William F. Jung (an individual) and Catherine Peek McEwen (an individual) filed by Michael Kim. Related document: #1 Complaint filed by Michael Kim.(AG) |
| Filing 4 Case Reassigned to Judge Kathryn K. Mizelle. New case number: 8:20-cv-02791-210AAS. Judge Thomas P. Barber no longer assigned to the case. (CRH) |
Filing 3
ENDORSED ORDER: Plaintiff's claims against Judge Catherine Peek McEwen and Judge William F. Jung are dismissed with prejudice. These are judicial officers who are sued for acts in their roles as judges. They enjoy absolute judicial immunity from all acts taken in their judicial capacity. See, e.g., McCree v. Griffin, 2020 WL 2632329 (11th Cir. May 20, 2020); McCullough v. Finley, 907 F.3d 1324, 1331 (11th Cir. 2018); Alba v. Montford, 517 F.3d 1249, 1252 (11th Cir. 2018). The scope of judicial immunity is to be construed broadly. Stump v. Sparkman, 435 U.S. 349, 356 (1978). A judge is only subject to liability in the clear absence of all jurisdiction. That is not the case here. Plaintiff may reassert his 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. As such, the instant complaint is dismissed. Plaintiff may refile a corrected amended complaint on or before January 8, 2021, and must omit these judges entirely. Failure to file an amended complaint in accordance with this Order will result in the dismissal of this case. Signed by Judge Thomas P. Barber on 12/18/2020. (ANL)
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Filing 2
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Signed by Judge Thomas P. Barber on 12/3/2020. (SRC)
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| Filing 1 COMPLAINT against Lisa M. Castellano, Eric Jacobs, William F. Jung, Stephanie C. Lieb, Stephen L. Meininger, Mark S. Miller, Catherine Peek McEwen, United States of America, Westwater Construction, Inc. with Jury Demand Filing fee $ 400.00, receipt number TPA062550 filed by Michael Kim. (Attachments: #1 Civil Cover Sheet)(JLD) |
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