Joseph D. Gilberti Jr. v. Center Disease Control CDC et al
| Joseph Gilberti, Jr. |
| Ashley Moody, Seventeenth Judicial Circuit Court of Florida, Sarasota Clerk of Court, Florida Department of Health, 72 Partners, LLC, Hillsborough County Public Defender Office, Parkland High School, Broward County State Attorney's Office, Thirthteenth Judicial Circuit Court of Florida, Hillsborough County State Attorney's Office, Center Disease Control CDC, Department of Education, Rick Scott, World Health Orgazination-Pan American Health Organization, Florida Department of Environmental Protection, Pam Bondi, US Middle District Court of Florida, Twelfth Judicial Circuit Court of Florida, Florida Board of Engineers, Department of Justice, United States District Court for the District of Columbia, Florida Department of Law Enforcement, US District Court of Appeals 11th Circuit, Second District Court of Appeals of Florida, Christopher Shaw, Department of Corrections, Mark Ober and Broward County School Board |
| 8:2021cv00954 |
| April 19, 2021 |
| US District Court for the Middle District of Florida |
| Tampa Office |
| Anthony E Porcelli |
| Mary S Scriven |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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| Filing 34 MOTION to Appeal In Forma Pauperis / Affidavit of Indigency by Joseph Gilberti, Jr. (TDC) |
| Filing 33 NOTICE of copy of motion filed with the United States District Court for Central District of California Western Division by Joseph Gilberti, Jr. (TDC) |
| Filing 32 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 #31 Notice of Appeal. Eleventh Circuit Transcript information form forwarded to pro se litigants and available to counsel at www.flmd.uscourts.gov under Forms and Publications/General. (TDC) |
| Filing 31 NOTICE OF APPEAL as to #27 Order on Motion to Dismiss / Lack of Jurisdiction by Joseph Gilberti, Jr. Filing fee not paid. (TDC) |
Filing 30
ENDORSED ORDER DENYING #28 Plaintiff's Motion to Reinstate Case. On May 12, 2021, this Court dismissed Plaintiff's Complaint without prejudice for lack of subject-matter jurisdiction, explaining that Plaintiff's claims are "wholly insubstantial and frivolous." (Dkt. 27) Plaintiff now moves to "reinstate" this action. Nothing in Plaintiff's Motion supports reversing the Court's conclusion that it lacks subject-matter jurisdiction over this action. Accordingly, the Motion is denied, and this case shall remain closed. Signed by Judge Mary S. Scriven on 5/25/2021. (MWC)
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| Filing 29 RESPONSE in Opposition re #28 MOTION to Reopen Case filed by Broward County State Attorney's Office, Department of Corrections, Department of Education, Florida Board of Engineers, Florida Department of Environmental Protection, Florida Department of Health, Florida Department of Law Enforcement, Hillsborough County Public Defender Office, Hillsborough County State Attorney's Office, Ashley Moody, Mark Ober, Sarasota Clerk of Court, Rick Scott, Second District Court of Appeals of Florida, Seventeenth Judicial Circuit Court of Florida, Thirthteenth Judicial Circuit Court of Florida, Twelfth Judicial Circuit Court of Florida. (Newhall, Timothy) |
| Filing 28 MOTION to Reinstate Case by Joseph Gilberti, Jr. (Attachments: #1 Copy of Subpoena Duces Tecum to Ron Desantis, #2 Copy of Order dismissing case)(AG) |
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Filing 27
ORDER GRANTING #20 Defendants' Motion to Dismiss Plaintiff's Patently Insubstantial Complaint. Plaintiff's Complaint, (Dkt. 1), is DISMISSED WITHOUT PREJUDICE. The Clerk is directed to CLOSE this case. Signed by Judge Mary S. Scriven on 5/12/2021. (MWC)
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Filing 26
ENDORSED ORDER granting #25 Motion to Stay Discovery. The case is STAYED pending further order from the Court. Signed by Magistrate Judge Anthony E. Porcelli on 5/4/2021. (TAM)
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| Filing 25 MOTION to Stay Discovery and Hold in Abeyance Case Management Conference and Reporting Requirements by Department of Corrections, Florida Board of Engineers, Florida Department of Environmental Protection, Florida Department of Health, Florida Department of Law Enforcement, Hillsborough County Public Defender Office, Hillsborough County State Attorney's Office, Ashley Moody, Mark Ober, Rick Scott, Second District Court of Appeals of Florida, Seventeenth Judicial Circuit Court of Florida, Thirthteenth Judicial Circuit Court of Florida, Twelfth Judicial Circuit Court of Florida. (Attachments: #1 Exhibit A)(Newhall, Timothy) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 24 NOTICE to counsel of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (CRB) |
| Filing 23 TRANSFER IN from Fort Myers Division on 04/22/2021 Case Number 2:21-cv-319. Case assigned to District Judge Mary S. Scriven and Magistrate Judge Anthony E. Porcelli. New Case Number: 8:21-cv-00954-MSS-AEP. (TDC) |
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Filing 22
ORDERED: The Clerk is DIRECTED to transfer this case to the Court's Tampa Division and close the Fort Myers case file. Signed by Judge Sheri Polster Chappell on 4/21/2021. (AEH)
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| Filing 21 NOTICE of a related action per Local Rule 1.07(c) by Department of Corrections, Florida Board of Engineers, Florida Department of Environmental Protection, Florida Department of Health, Florida Department of Law Enforcement, Hillsborough County Public Defender Office, Hillsborough County State Attorney's Office, Ashley Moody, Mark Ober, Rick Scott, Second District Court of Appeals of Florida, Seventeenth Judicial Circuit Court of Florida, Thirthteenth Judicial Circuit Court of Florida, Twelfth Judicial Circuit Court of Florida. Related case(s): Yes (Newhall, Timothy) |
| Filing 20 MOTION to Dismiss for Lack of Jurisdiction Plaintiff's Patently Insubstantial Complaint by Broward County State Attorney's Office, Department of Corrections, Florida Board of Engineers, Florida Department of Environmental Protection, Florida Department of Health, Florida Department of Law Enforcement, Hillsborough County Public Defender Office, Hillsborough County State Attorney's Office, Ashley Moody, Mark Ober, Rick Scott, Second District Court of Appeals of Florida, Seventeenth Judicial Circuit Court of Florida, Thirthteenth Judicial Circuit Court of Florida, Twelfth Judicial Circuit Court of Florida. (Attachments: #1 Exhibit A - Memorandum Opinion and Order in 1:19-cv-00738-KBJ, #2 Exhibit B - Summary Affirmance in 19-5264, #3 Exhibit C - Opinion and Order in 2:19-cv-00738, #4 Exhibit D - Summary Affirmance in 20-12512, #5 Exhibit E - Order Granting Defendant's Motion to Dismiss in 8:19-cv-02012-T-33AAS, #6 Exhibit F - Opinion in 19-15176)(Newhall, Timothy) |
| Filing 19 CERTIFICATE of interested persons and corporate disclosure statement by Broward County State Attorney's Office, Department of Corrections, Florida Board of Engineers, Florida Department of Environmental Protection, Florida Department of Health, Florida Department of Law Enforcement, Hillsborough County Public Defender Office, Hillsborough County State Attorney's Office, Ashley Moody, Mark Ober, Rick Scott, Second District Court of Appeals of Florida, Seventeenth Judicial Circuit Court of Florida, Thirthteenth Judicial Circuit Court of Florida, Twelfth Judicial Circuit Court of Florida. (Newhall, Timothy) |
| Filing 18 NOTICE of Appearance by Timothy L. Newhall on behalf of Broward County State Attorney's Office, Department of Corrections, Florida Board of Engineers, Florida Department of Environmental Protection, Florida Department of Health, Florida Department of Law Enforcement, Hillsborough County Public Defender Office, Hillsborough County State Attorney's Office, Ashley Moody, Mark Ober, Rick Scott, Second District Court of Appeals of Florida, Seventeenth Judicial Circuit Court of Florida, Thirthteenth Judicial Circuit Court of Florida, Twelfth Judicial Circuit Court of Florida (Newhall, Timothy) |
| Filing 17 CIVIL Action Order Signed by All Divisional Judges on 4/19/2021. (RMT) |
| Filing 16 NEW CASE ASSIGNED to Judge Sheri Polster Chappell and Magistrate Judge Mac R. McCoy. New case number: 2:21-cv-319-SPC-MRM. (LMF) |
| Filing 15 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (RMT) |
| Filing 14 Case transferred in from District of California Central; Case Number 2:20-cv-08251. File received electronically |
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Filing 13
ORDER TRANSFERRING ACTION TO THE MIDDLE DISTRICT OF FLORIDA, FORT MYERS DIVISION by Magistrate Judge Pedro V. Castillo. IT IS HEREBY ORDERED that the Clerk of this Court transfer this matter to the United States District Court for the Middle District of Florida, Fort Myers Division. (see document for further details). Original file, certified copy of the transfer order and docket sheet sent electronically. (MD JS-6. Case Terminated.) (Attachments: #1 Transmittal Letter) (hr) [Transferred from cacd on 4/19/2021.]
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| Filing 12 PLAINTIFF'S ADDITIONAL EXHIBITS IN SUPPORT OF RESPONSE TO ORDER TO SHOW CAUSE #11 filed by Plaintiff Joseph Gilberti, Jr. (Exhibit 8) (Attachments: #1 Exhibit 9, #2 Exhibit 10, #3 Exhibit 11, #4 Exhibit 12, #5 Exhibit 13, #6 Exhibit 14, #7 Exhibit 15, #8 Exhibit 16, #9 Exhibit 17, #10 Exhibit 18, #11 Exhibit 19, #12 Exhibit 20, #13 Exhibit 21, #14 Exhibit 22, #15 Exhibit 23, #16 Exhibit 24, #17 Exhibit 25, #18 Exhibit 26, #19 Exhibit 27, #20 Exhibit 28, #21 Exhibit 29, #22 Exhibit 30, #23 Exhibit 31, #24 Exhibit 32, #25 Exhibit 33, #26 Exhibit 34, #27 Exhibit 35, #28 Exhibit 36, #29 Exhibit 37, #30 Exhibit 38, #31 Exhibit 39, #32 Exhibit 40, #33 Exhibit 41, #34 Exhibit 42, #35 Exhibit 43, #36 Exhibit 44, #37 Exhibit 45, #38 Exhibit 46, #39 Exhibit 47, #40 Exhibit 48, #41 Exhibit 49, #42 Exhibit 50, #43 Exhibit 51, #44 Exhibit 52, #45 Exhibit 53, #46 Exhibit 54, #47 Exhibit 55, #48 Exhibit 56, #49 Exhibit 57, #50 Exhibit 58)(hr) [Transferred from cacd on 4/19/2021.] |
| Filing 11 RESPONSE to Order to Show Cause #10 filed by Plaintiff Joseph Gilberti, Jr. (Attachments: #1 Exhibit 1, #2 Exhibit 2, #3 Exhibit 3, #4 Exhibit 4, #5 Exhibit 5, #6 Exhibit 6, #7 Exhibit 7)(hr) [Transferred from cacd on 4/19/2021.] |
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Filing 10
MINUTE (IN CHAMBERS) ORDER TO SHOW CAUSE WHY THIS ACTION SHOULD NOT BE TRANSFERRED TO THE MIDDLE DISTRICT OF FLORIDA, FORT MYERS DIVISION by Magistrate Judge Pedro V. Castillo. Plaintiff is ORDERED TO SHOW CAUSE, within fourteen (14) days of the date of this Order, why this action should not be transferred to the United States District Court for the Middle District of Florida, Fort Myers Division. (see document for further details) (Attachments: #1 Blank Notice of Dismissal Form) (hr) [Transferred from cacd on 4/19/2021.]
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Filing 9
ORDER by Magistrate Judge Pedro V. Castillo: granting #6 APPLICATION for Pro Se Electronic Filing. The applicant must register to use the Courts CM/ECF System within five (5) days of being served with this order. Registration information is available at the Pro Se Litigant E-Filing web page located on the Courts website. Upon registering, the applicant will receive a CM/ECF login and password that will allow him/her to file non-sealed documents electronically in this case only. Any documents being submitted under seal must be manually filed with the Clerk. (hr) [Transferred from cacd on 4/19/2021.]
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Filing 8
ORDER by Magistrate Judge Pedro V. Castillo: granting #4 Non-Resident Attorney Timothy L. Newhall APPLICATION to Appear Pro Hac Vice on behalf of Defendants Pam Bondi, Broward County State Attorneys Office, Department of Corrections, Department of Education, Florida Board of Engineers, Florida Department of Environmental Protection, Florida Department of Health, Florida Department of Law Enforcement, Hillsborough County Public Defender Office, Hillsborough County State Attorneys Office, Ashley Moody, Mark Ober, Sarasota Clerk of Court, Rick Scott, Second District Court of Appeals of Florida, Seventeenth Judicial Circuit Court of Florida, Thirteenth Judicial Circuit Court of Florida, Twelfth Judicial Circuit Court of Florida, designating Patrick L. Rendon as local counsel. (hr) [Transferred from cacd on 4/19/2021.]
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| Filing 7 PROOF OF SERVICE through Waiver of Service of Summons filed by Plaintiff Joseph D. Gilberti, Jr. (hr) [Transferred from cacd on 4/19/2021.] |
| Filing 6 APPLICATION for Pro Se Litigant to electronically file documents in a specific case filed by Plaintiff Joseph D. Gilberti, Jr. (hr) [Transferred from cacd on 4/19/2021.] |
| Filing 5 PROOF OF SERVICE filed by defendants Pam Bondi, Broward County State Attorneys Office, Department of Corrections, Department of Education, Florida Board of Engineers, Florida Department of Environmental Protection, Florida Department of Health, Florida Department of Law Enforcement, Hillsborough County Public Defender Office, Hillsborough County State Attorneys Office, Ashley Moody, Mark Ober, Sarasota Clerk of Court, Rick Scott, Second District Court of Appeals of Florida, Seventeenth Judicial Circuit Court of Florida, Thirthteenth Judicial Circuit Court of Florida, Twelfth Judicial Circuit Court of Florida, re APPLICATION of Non-Resident Attorney Timothy L. Newhall to Appear Pro Hac Vice on behalf of Defendants Pam Bondi, Broward County State Attorneys Office, Department of Corrections, Department of Education, Florida Board of Engineers, Florida Department#4 First Class U. S. Mail served on December 16, 2020. (Rendon, Patrick) [Transferred from cacd on 4/19/2021.] |
| Filing 4 APPLICATION of Non-Resident Attorney Timothy L. Newhall to Appear Pro Hac Vice on behalf of Defendants Pam Bondi, Broward County State Attorneys Office, Department of Corrections, Department of Education, Florida Board of Engineers, Florida Department of Environmental Protection, Florida Department of Health, Florida Department of Law Enforcement, Hillsborough County Public Defender Office, Hillsborough County State Attorneys Office, Ashley Moody, Mark Ober, Sarasota Clerk of Court, Rick Scott, Second District Court of Appeals of Florida, Seventeenth Judicial Circuit Court of Florida, Thirthteenth Judicial Circuit Court of Florida, Twelfth Judicial Circuit Court of Florida (Pro Hac Vice Fee - $500 Fee Paid, Receipt No. ACACDC-29559333) filed by defendants Pam Bondi, Broward County State Attorneys Office, Department of Corrections, Department of Education, Florida Board of Engineers, Florida Department of Environmental Protection, Florida Department of Health, Florida Department of Law Enforcement, Hillsborough County Public Defender Office, Hillsborough County State Attorneys Office, Ashley Moody, Mark Ober, Sarasota Clerk of Court, Rick Scott, Second District Court of Appeals of Florida, Seventeenth Judicial Circuit Court of Florida, Thirthteenth Judicial Circuit Court of Florida, Twelfth Judicial Circuit Court of Florida. (Attachments: #1 Proposed Order) (Attorney Patrick L. Rendon added to party Pam Bondi(pty:dft), Attorney Patrick L. Rendon added to party Broward County State Attorneys Office(pty:dft), Attorney Patrick L. Rendon added to party Department of Corrections(pty:dft), Attorney Patrick L. Rendon added to party Department of Education(pty:dft), Attorney Patrick L. Rendon added to party Florida Board of Engineers(pty:dft), Attorney Patrick L. Rendon added to party Florida Department of Environmental Protection(pty:dft), Attorney Patrick L. Rendon added to party Florida Department of Health(pty:dft), Attorney Patrick L. Rendon added to party Florida Department of Law Enforcement(pty:dft), Attorney Patrick L. Rendon added to party Hillsborough County Public Defender Office(pty:dft), Attorney Patrick L. Rendon added to party Hillsborough County State Attorneys Office(pty:dft), Attorney Patrick L. Rendon added to party Ashley Moody(pty:dft), Attorney Patrick L. Rendon added to party Mark Ober(pty:dft), Attorney Patrick L. Rendon added to party Sarasota Clerk of Court(pty:dft), Attorney Patrick L. Rendon added to party Rick Scott(pty:dft), Attorney Patrick L. Rendon added to party Second District Court of Appeals of Florida(pty:dft), Attorney Patrick L. Rendon added to party Seventeenth Judicial Circuit Court of Florida(pty:dft), Attorney Patrick L. Rendon added to party Thirthteenth Judicial Circuit Court of Florida(pty:dft), Attorney Patrick L. Rendon added to party Twelfth Judicial Circuit Court of Florida(pty:dft)) (Rendon, Patrick) [Transferred from cacd on 4/19/2021.] |
| Filing 3 FINANCIAL ENTRY: Received $400.00 from Joe Gilberti. Re: Complaint - (Referred),,,, #1. Receipt number LA213023. (fr) [Transferred from cacd on 4/19/2021.] |
| Filing 2 NOTICE OF ASSIGNMENT to District Judge Fernando M. Olguin and referred to Magistrate Judge Pedro V. Castillo. (et) [Transferred from cacd on 4/19/2021.] |
| Filing 1 COMPLAINT, DEMAND FOR JURTY TRIAL filed against Defendants 72 Partners, LLC, Pam Bondi, Broward County School Board, Broward County State Attorneys Office, Center Disease Control CDC, Department of Education, Department of Justice, Deppartment of Corrections, Florida Board of Engineers, Florida Department of Environmental Protection, Florida Department of Health, Florida Department of Law Enforcement, Hillsborough County Public Defender Office, Hillsborough County State Attorneys Office, Ashley Moody, Mark Ober, Parkland High School, Sarasota Clerk of Court, Rick Scott, Second District Court of Appeals of Florida, Seventeenth Judicial Circuit Court of Florida, Christopher Shaw, Thirthteenth Judicial Circuit Court of Florida, Twelfth Judicial Circuit Court of Florida, US District Court of Appeals 11th Circuit, US Middle District Court of Florida, United States District Court for the District of Columbia Case assigned to Judge Fernando M. Olguin and referred to Magistrate Judge Pedro V. Castillo. (Filing fee$400 PAID.), filed by Plaintiff Joseph D. Gilberti, Jr. (et) (Additional attachment(s) added on 9/15/2020: #1 Civil Cover Sheet) (et). [Transferred from cacd on 4/19/2021.] |
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