Kim v. The Twelfth Judicial Circuit Court et al
| Michael Kim |
| Hunter W. Carroll, Mark S. Miller, Westwater Construction, Inc., A Florida Corporation, Shirin M. Vesely, Pavel Balcar, Saddle Oak Estates Community Association, Inc., a Florida Corporation, Michael Morgan, The Twelfth Judicial Circuit Court, Ashley Moody, State of Florida, United States of America, Westwater Construction, Inc., United States District Court for the Middle District of Florida, Attorney General, State of Florida, United States Bankruptcy Court for the Middle District of Florida, Mary S. Scriven, Saddle Oak Estates Community Association, Inc. and Samantha-Josephine Baker |
| 8:2020cv02934 |
| December 9, 2020 |
| US District Court for the Middle District of Florida |
| Timothy J Corrigan |
| Mary S Scriven |
| Christopher P Tuite |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 36 Notification from the U.S. Court of Appeals, 11th Circuit, that WRIT OF CERTIORARI has been denied by the U.S. Supreme Court as to #28 Notice of Appeal Issued on 10/03/2022. The court's mandate having previously issued, no further action will be taken by this court. (AG) |
Filing 35
ORDER of USCA: Pursuant to the 11th Cir. R. 42-1(b), this appeal is DISMISSED for want of prosecution because the appellant Michael Kim has failed to pay the filing and docketing fees to the district court within the time fixed by the rules as to #28 Notice of Appeal. EOD: 2/9/22; USCA number: 21-10450-J. (JNB)
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Filing 34
ORDER of USCA: Motion for reconsideration of single judge's order filed by Appellant Michael Kim is DENIED re #28 Notice of Appeal. EOD: 12/29/2021; USCA number: 21-10450-J. (AG)
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Filing 33
ORDER of USCA: On its own motion, the court consolidates appeals 21-10450 and 21-10451; Motion to proceed in forma pauperis filed by Appellant Michael Kim is DENIED as to (21 in 8:20-cv-03041-TJC-AAS) Notice of Appeal filed by Michael Kim, (28 in 8:20-cv-02934-TJC-CPT) Notice of Appeal. EOD: 6/23/21; USCA number: 21-10450-H and 21-10451-H. (JNB)
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Filing 32
ORDER denying #30 plaintiff's pro se Motion for Permission to Appeal In Forma Pauperis. Signed by Judge Timothy J. Corrigan on 3/19/2021. (MD)
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| Filing 31 FILED IN ERROR(JNB). |
| Filing 30 MOTION to Appeal In Forma Pauperis / Affidavit of Indigency by Michael Kim. (JNB) |
| Filing 29 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #28 Notice of Appeal. (AG) |
| Filing 28 NOTICE OF APPEAL as to #26 Order. Filing fee not paid. (AG) |
| Filing 27 Case Reassigned to Judge Timothy J. Corrigan. New case number: 8:20-cv-2934-T-32CPT. Judge Mary S. Scriven no longer assigned to the case. (JNB) |
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Filing 26
ORDER directing the Clerk to reassign these cases to the undersigned; dismissing these cases with prejudice; directing the Clerk to terminate all pending motions and close the files. Signed by Judge Timothy J. Corrigan on 1/7/2021. (SRW)
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| Filing 25 NOTICE of LIMITED Appearance by Leslie Schultz-Kin on behalf of The Twelfth Judicial Circuit Court (Schultz-Kin, Leslie) |
| Filing 24 NOTICE of Appearance by Leslie Schultz-Kin on behalf of Hunter W. Carroll (Schultz-Kin, Leslie) |
| Filing 23 REDACTED RETURN of service executed on 1/5/2021 by Michael Kim as to Mary S. Scriven. (LD) |
| Filing 22 MOTION to Quash Service of Process and to Dismiss for Lack of Personal Jurisdiction Over Defendant by The Twelfth Judicial Circuit Court. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Baker, Samantha-Josephine) |
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Filing 21
ORDER of recusal. The undersigned hereby disqualifies herself from these proceedings and requests Chief United States District Judge Timothy J. Corrigan to reassign this case. Signed by Judge Mary S. Scriven on 1/5/2021. (APF)
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| Filing 20 SUMMONS issued as to Mary S. Scriven. (JLD) |
| Filing 19 AMENDED COMPLAINT against Pavel Balcar, Hunter W. Carroll, Mark S. Miller, Michael Morgan, Saddle Oak Estates Community Association, Inc., The Twelfth Judicial Circuit Court, Shirin M. Vesely, Westwater Construction, Inc., State of Florida, Attorney General, State of Florida, Ashley Moody, Samantha-Josephine Baker, United States District Court for the Middle District of Florida, United States Bankruptcy Court for the Middle District of Florida, United States of America, Mary S. Scriven with Jury Demand re: #1 COMPLAINT and NOTICE OF REMOVAL from Sarasota County case number 20-CA-4792 filed by Michael Kim. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F)(JLD) |
| Filing 17 RESPONSE to Motion re #13 MOTION to Dismiss Plaintiff's Complaint filed by Michael Kim. (Attachments: #1 Exhibit A - Lien Analysis, #2 Exhibit B - Death of Westwater Lien, #3 Exhibit C - Affidavit of Michael Kim, #4 Exhibit D - Morse v. Westwater Docket, #5 Exhibit E - Federal Court Order on Vesley, #6 Exhibit F - Summary Judgment v. Westwater)(JLD) |
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Filing 16
INTERESTED PERSONS ORDER Certificate of interested persons and corporate disclosure statement due by 1/12/2021. Signed by Judge Mary S. Scriven on 12/29/2020. (CRB)
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Filing 15
RELATED CASE ORDER AND NOTICE of designation under Local Rule 3.05 - track 2. Notice of pendency of other actions due by 1/12/2021. Signed by Judge Mary S. Scriven on 12/29/2020. (CRB)
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| Filing 18 ***Entered in Error.*** Modified on 12/29/2020 (JLD). |
| Filing 14 REQUEST for oral argument re #13 MOTION to Dismiss Plaintiff's Complaint by Michael Kim. (AG) |
| Filing 13 MOTION to Dismiss Plaintiff's Complaint by Hunter W. Carroll. (Baker, Samantha-Josephine) |
| Filing 12 RESPONSE re #11 MOTION to Remand to State Court, #5 MOTION to Remand to State Court, #6 Response in Opposition to Motion filed by Hunter W. Carroll. (Baker, Samantha-Josephine) |
| Filing 11 NOTICE of clear error of law and violation of Plaintiff's due process rights under USCA 5; and RENEWED MOTION to Remand to State Court by Michael Kim. (Attachments: #1 Exhibit A - State First Amended Complaint, #2 Exhibit B - Westwater Lawsuits, #3 Exhibit Copy of Federal Court Order on Vesely, #4 Supplement D - Death of Westwater's Lien and Timeline)(AG) |
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Filing 10
ENDORSED ORDER DENYING WITHOUT PREJUDICE #4 Plaintiff's Motion for Summary Judgment against Judge Hunter W. Carroll. Plaintiff initiated this case in state court on November 10, 2020. Three weeks later, and before any Defendant had filed a responsive pleading, Plaintiff moved for summary judgment against Defendant Judge Hunter W. Carroll. Summary judgment is premature at this stage because no Defendant has answered the Complaint and it appears that no discovery has been exchanged. Accordingly, the Motion is denied without prejudice. If appropriate, Plaintiff may file a renewed motion for summary judgment after an adequate period for discovery. Signed by Judge Mary S. Scriven on 12/11/2020. (MWC)
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Filing 9
ENDORSED ORDER DENYING AS MOOT #3 Defendant Judge Hunter W. Carroll's Motion for Extension of Time to Respond to Plaintiff's Complaint. The instant Motion was filed in state court before removal. Accordingly, pursuant to Federal Rule of Civil Procedure 81(c)(2), Defendant Judge Hunter W. Carroll's response to the Complaint is due December 16, 2020. Signed by Judge Mary S. Scriven on 12/11/2020. (MWC)
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| Filing 8 SUPPLEMENT re #5 MOTION to Remand to State Court by Michael Kim. (Attachments: #1 Exhibit A)(AG) |
| Filing 7 NOTICE of filing state Court Documents by Michael Kim re #1 Notice of Removal. (Attachments: #1 Exhibit A - State Court COMPLAINT, #2 Exhibit B - Request for Judicial Notice, #3 Exhibit 1, #4 Exhibit 2, #5 Exhibit 3, #6 Exhibit 4, #7 Exhibit 5, #8 Exhibit 6A, #9 Exhibit 6B, #10 Exhibit 6C, #11 Exhibit 7A, #12 Exhibit 7C, #13 Exhibit 7D, #14 Exhibit 7E)(No Exhibit 7B provided) (AG) |
| Filing 6 RESPONSE in Opposition re #3 MOTION for Extension of Time to File Response filed by Michael Kim. (Attachments: #1 Exhibit A)(AG) |
| Filing 4 MOTION for Summary Judgment by Michael Kim. Filed in state court 12/1/2020. (JLD) |
| Filing 5 MOTION to Remand to State Court by Michael Kim. (AG) |
| Filing 3 MOTION for Extension of Time to File Response to Plaintiff's Complaint by Hunter W. Carroll. (JLD) Filed in state court 12/1/2020. Modified on 12/10/2020 (JLD). |
| Filing 2 NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Christopher P. Tuite. New case number: 8:20-cv-2934-T-35CPT. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Sarasota County, Florida, case number 20-CA-4792 filed in State Court on 11/10/2020. Filing fee $ 402, receipt number 113A-17642371 filed by Hunter W. Carroll. (Attachments: #1 State Court COMPLAINT, #2 State Court Pending Motions, #3 State Court Docket Sheet, #4 State Court Other Documents, #5 Civil Cover Sheet, #6 State Court Other Documents State Court Notice of Filing Removal)(Baker, Samantha-Josephine) Modified on 12/10/2020 (JLD). |
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