Bencaz et al v. O'Connell et al
| Danielle Katherine Bencaz, Britta McNamara and Ralph C. Knapp |
| Lori Ann O'Connell, Sara Evelyn McLane, Dana Michelle Dean, Elizabeth Anne Everson, Jason Valkenburg, Matthew Gleanson, Mara Earl, Karen Stevens, Ebony Brown, Eckard Connects Alternatives and Johnathan Alexander Watkins |
| 8:2021cv02044 |
| August 24, 2021 |
| U.S. District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Christopher P Tuite |
| Civil Rights: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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This docket was last retrieved on September 13, 2021. A more recent docket listing may be available from PACER.
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Filing 3
ENDORSED ORDER dismissing action without prejudice because the earlier Order #2 striking the Complaint as a shotgun pleading has now become a final order. See Auto. Alignment & Body Serv., Inc. v. State Farm Mut. Auto. Ins. Co., 953 F.3d 707, 719-722 (11th Cir. 2020) ("Hertz [Corp. v. Alamo Rent-A-Car, Inc., 16 F.3d 1126 (11th Cir. 1994)] establishes that an order dismissing a complaint with leave to amend within a specified time becomes a final judgment if the time allowed for amendment expires without the plaintiff seeking an extension. And when the order becomes a final judgment, the district court loses 'all its prejudgment powers to grant any more extensions' of time to amend the complaint. The only recourse for a plaintiff who seeks to set aside the final judgment is to appeal, Fed R. App. P. 3, move to alter or amend the judgment, Fed. R. Civ. P. 59(e), or move for relief from the final judgment, Fed. R. Civ. P. 60(b)." (emphasis added) (citations omitted)). The Clerk is directed to TERMINATE any pending motions and deadlines and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 9/13/2021. (JMB)
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Filing 2
ORDER striking Complaint as a shotgun pleading. By September 10, 2021, Plaintiff may file an amended complaint consistent with the directives of this Order and in compliance with Federal Rules of Civil Procedure 8(a)(2) and 10(b). Failure to file an amended complaint by this deadline will result in the dismissal of this action without further notice. Signed by Judge Kathryn Kimball Mizelle on 8/30/2021. (NPC)
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| Filing 1 ***STRICKEN per #2 Order.*** COMPLAINT/Motion to Vacate Judgments/Orders against Ebony Brown, Dana Michelle Dean, Mara Earl, Eckard Connects Alternatives, Elizabeth Anne Everson, Matthew Gleanson, Sara Evelyn McLane, Lori Ann O'Connell, Karen Stevens, Jason Valkenburg, Johnathan Alexander Watkins Filing fee $ 402.00, receipt number TPA064724 filed by Ralph C. Knapp, Britta McNamara, Danielle Katherine Bencaz. (Attachments: #1 Exhibits)(JLD) Modified text on 8/30/2021 (JLD). |
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