Newcome et al v. Hernando County Sheriff's Office et al
| James R. Newcome and Umama J. Newcome |
| Hernando County Sheriff's Office, David Martin, Dustin Adkins, Jason Tippin, Troy Hyler, Brian Schneider, Willard Brian Stephens, Seth Pardue, Derik Deso, Eric Burburan and Francis Ritchie |
| 8:2021cv02171 |
| September 13, 2021 |
| US District Court for the Middle District of Florida |
| Thomas P Barber |
| Thomas G Wilson |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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Filing 33
ENDORSED ORDER: Because an amended motion to dismiss was filed (Doc. #31), the Hernando County Sheriff's Office's motion to dismiss (Doc. #24) is denied as moot. Plaintiffs are reminded that their responses in opposition to the pending motions to dismiss (Docs. #31 and #32) are due on or before November 19, 2021, and the failure to file responses will result in the Court considering the motions unopposed. Signed by Judge Thomas P. Barber on 10/29/2021. (ANL)
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| Filing 32 Amended MOTION to Dismiss Complaint And Memorandum of Law Directed to Plaintiff's Complaint and Demand For Jury Trial by Dustin Adkins(Officer, Personal Capacity), Eric Burburan(Officer, Personal Capacity), Derik Deso(Officer, Official Capacity), Troy Hyler(Officer, Official Capacity), David Martin(Officer, Personal Capacity), Seth Pardue(Officer, Personal Capacity), Francis Ritchie(Officer, Personal Capacity), Brian Schneider(Officer, Personal Capacity), Willard Brian Stephens(Officer, Personal Capacity), Jason Tippin(Officer, Official Capacity). (Palmer, Bobby) |
| Filing 31 Amended MOTION to Dismiss for Failure to State a Claim by Hernando County Sheriff's Office, Hernando County Sheriff's Office(Official Capacity). (Palmer, Bobby) |
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Filing 30
ENDORSED ORDER: Plaintiffs' "Amended Affidavit for Entry of Default" (Doc. #29), which the Court construes as a motion for clerk's default, is denied. As the Court has previously explained (Doc. 28), Defendant Hernando County Sheriff's Office has filed a motion to dismiss (Doc. #24), and the deadline to respond for the individual Defendants is October 29, 2021 (Doc. 26). Signed by Judge Thomas P. Barber on 10/26/2021. (ANL)
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| Filing 29 AMENDED MOTION for Clerk's Default against All Defendants by Umama J. Newcome and James R. Newcome. (ABC) Motions referred to Magistrate Judge Thomas G. Wilson. |
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Filing 28
ENDORSED ORDER: Plaintiff James R. Newcome's "Affidavit for Entry of Default" (Doc. #27), which the Court construes as a motion for clerk's default, is denied. Defendant Hernando County Sheriff's Office has filed a motion to dismiss. (Doc. #24). The deadline to respond for the individual Defendants is October 29, 2021. (Doc. 26). Mr. Newcome should note that he is not permitted to file any papers on behalf of Plaintiff Umama J. Newcome. See Fed. R. Civ. P. 11 ("Every pleading, written motion, and other paper must be signed... by a party personally if the party is unrepresented."). Plaintiffs are advised that even pro se plaintiffs must conform with procedural rules, including the Federal Rules of Civil Procedure and the Local Rules of the Middle District of Florida. Litigation - particularly in federal court - is difficult, and Plaintiffs should consider hiring an attorney. If they are unable to afford counsel, they should consider the resources available to pro se litigants, including the Legal Information Program operated by the Tampa Bay Chapter of the Federal Bar Association, and the Middle District of Florida's guide to assist pro se litigants proceeding in federal court, which is located on the Court's website. Signed by Judge Thomas P. Barber on 10/25/2021. (ANL)
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| Filing 27 MOTION for Clerk's Default against All Defendants by James R. Newcome. (ABC) Motions referred to Magistrate Judge Thomas G. Wilson. |
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Filing 26
ENDORSED ORDER: The motions to dismiss filed by the individual Defendants (Docs. #15, #16, #17, #18, #19, #20, #21, #22, #23, and #25) are denied without prejudice. The motions are identical or substantially similar, and these Defendants are represented by the same attorney. In the interest of judicial economy, counsel may instead file one motion as to all of the individual Defendants rather than ten separate identical motions. See Fed. R. Civ. P. 1 ("[R]ules should be construed, administered, and employed by the court and the parties to secure the just, speedy, and inexpensive determination of every action and proceeding."). Any motion to dismiss should be filed on or before October 29, 2021. Signed by Judge Thomas P. Barber on 10/21/2021. (ANL)
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| Filing 25 MOTION to Dismiss Complaint by Seth Pardue(Officer, Personal Capacity). (Palmer, Bobby) |
| Filing 24 MOTION to Dismiss Complaint by Hernando County Sheriff's Office. (Palmer, Bobby) |
| Filing 23 MOTION to Dismiss Complaint by Francis Ritchie(Officer, Personal Capacity). (Palmer, Bobby) |
| Filing 22 MOTION to Dismiss Complaint by Eric Burburan(Officer, Personal Capacity). (Palmer, Bobby) |
| Filing 21 MOTION to Dismiss Complaint by Derik Deso(Officer, Official Capacity). (Palmer, Bobby) |
| Filing 20 MOTION to Dismiss Complaint by David Martin(Officer, Personal Capacity). (Palmer, Bobby) |
| Filing 19 MOTION to Dismiss Complaint by Brian Schneider(Officer, Personal Capacity). (Palmer, Bobby) |
| Filing 18 MOTION to Dismiss Complaint by Willard Brian Stephens(Officer, Personal Capacity). (Palmer, Bobby) |
| Filing 17 MOTION to Dismiss Complaint by Troy Hyler(Officer, Official Capacity). (Palmer, Bobby) |
| Filing 16 MOTION to Dismiss Complaint by Jason Tippin(Officer, Official Capacity). (Palmer, Bobby) |
| Filing 15 MOTION to Dismiss Complaint by Dustin Adkins(Officer, Personal Capacity). (Palmer, Bobby) |
| Filing 14 RETURN of service executed on 9/28/2021 by Umama J. Newcome, James R. Newcome as to Francis Ritchie (Officer, Personal Capacity). (TDC) |
| Filing 13 RETURN of service executed on 9/28/2021 by Umama J. Newcome, James R. Newcome as to Eric Burburan (Officer, Personal Capacity). (TDC) |
| Filing 12 RETURN of service executed on 9/28/2021 by Umama J. Newcome, James R. Newcome as to Troy Hyler (Officer, Official Capacity). (TDC) |
| Filing 11 RETURN of service executed on 9/28/2021 by Umama J. Newcome, James R. Newcome as to David Martin (Officer, Personal Capacity). (TDC) |
| Filing 10 RETURN of service executed on 9/28/2021 by Umama J. Newcome, James R. Newcome as to Willard Brian Stephens (Officer, Personal Capacity). (TDC) |
| Filing 9 RETURN of service executed on 9/28/2021 by Umama J. Newcome, James R. Newcome as to Dustin Adkins (Officer, Personal Capacity). (TDC) |
| Filing 8 RETURN of service executed on 9/28/2021 by Umama J. Newcome, James R. Newcome as to Brian Schneider (Officer, Personal Capacity). (TDC) |
| Filing 7 RETURN of service executed on 9/28/2021 by Umama J. Newcome, James R. Newcome as to Jason Tippin (Officer, Official Capacity). (TDC) |
| Filing 6 RETURN of service executed on 9/28/2021 by Umama J. Newcome, James R. Newcome as to Derik Deso (Officer, Official Capacity). (TDC) |
| Filing 5 RETURN of service executed on 9/28/2021 by Umama J. Newcome, James R. Newcome as to Seth Pardue (Officer, Personal Capacity). (TDC) |
| Filing 4 RETURN of service executed on 9/28/2021 by Umama J. Newcome, James R. Newcome as to Hernando County Sheriff's Office. (TDC) |
| Filing 3 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). (SRC) |
| Filing 2 SUMMONS issued as to Dustin Adkins(Officer, Personal Capacity), Dustin Adkins(Officer, Official Capacity), Eric Burburan(Officer, Personal Capacity), Eric Burburan(Officer, Official Capacity), Derik Deso(Officer, Official Capacity), Derik Deso(Officer, Personal Capacity), Hernando County Sheriff's Office, Hernando County Sheriff's Office(Official Capacity), Troy Hyler(Officer, Official Capacity), Troy Hyler(Officer, Personal Capacity), David Martin(Officer, Personal Capacity), David Martin(Officer, Official Capacity), Seth Pardue(Officer, Personal Capacity), Seth Pardue(Officer, Official Capacity), Francis Ritchie(Officer, Personal Capacity), Francis Ritchie(Officer, Official Capacity), Brian Schneider(Officer, Personal Capacity), Brian Schneider(Officer, Official Capacity), Willard Brian Stephens(Officer, Personal Capacity), Willard Brian Stephens(Officer, Official Capacity), Jason Tippin(Officer, Official Capacity), Jason Tippin(Officer, Personal Capacity). (TDC) |
| FEES paid by James R. Newcome (Filing fee $402.00 receipt number TPA064834). (ARC) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand filed by Umama J. Newcome, James R. Newcome. (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons)(TDC) |
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