Nevens v. Hernando County, Florida
| James E. Nevens |
| Hernando County, Florida |
| 8:2022cv01561 |
| July 11, 2022 |
| US District Court for the Middle District of Florida |
| Sean P Flynn |
| Kathryn Kimball Mizelle |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| None |
Docket Report
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This docket was last retrieved on August 23, 2022. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 15 NOTICE of Transmittal of Record to State Court received. (SET) |
| Filing 14 CERTIFICATE of interested persons by James E. Nevens. (Attachments: #1 Mailing Envelope)(KME) |
Filing 13
ORDER: The Court directs the Clerk to REMAND this action to the Circuit Court of the Fifth Judicial Circuit in and for Hernando County, Florida, and to transmit a certified copy of this order to the clerk of that court; to TERMINATE any pending motions and deadlines; and to CLOSE this case. Signed by Judge Thomas P. Barber on 8/10/2022. (JMB)
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| Filing 12 RESPONSE to Motion re #7 MOTION to Dismiss Plaintiff's Complaint filed by James E. Nevens. (MCB) |
| Filing 11 CERTIFICATE of interested persons and corporate disclosure statement re #3 Civil Action Order, by Hernando County, Florida. (Flood, Alyssa) |
| Filing 10 NOTICE of a related action per Local Rule 1.07(c) by Hernando County, Florida. Related case(s): Yes (Flood, Alyssa) |
| Filing 9 PLAINTIFF'S BRIEF re 5 Order, requiring briefing as to Federal Subject Matter Jurisdiction filed by James E. Nevens. (AG) |
| Filing 8 DEFENDANT'S BRIEF re 5 Order no pdf, Requiring Briefing as to Federal Subject Matter Jurisdiction filed by Hernando County, Florida. (Flood, Alyssa) |
| Filing 7 MOTION to Dismiss Plaintiff's Complaint by Hernando County, Florida. (Flood, Alyssa) |
| Filing 6 NOTICE of Lead Counsel Designation by Alyssa Joy Flood on behalf of Hernando County, Florida. Lead Counsel: Alyssa Flood. (Flood, Alyssa) |
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Filing 5
ENDORSED ORDER: No later than July 20, 2022, each party must provide briefing--not to exceed seven pages--on whether this Court has federal subject matter jurisdiction over this removal action given that the plaintiff's state court Complaint does not mention 42 U.S.C. 1983 or any other federal law and instead cites to a Florida Supreme Court case that also does not involve federal law. See Connecticut State Dental Ass'n v. Anthem Health Plans, Inc., 591 F.3d 1337, 1343 (11th Cir. 2009) ("The test ordinarily applied for determining whether a claim arises under federal law is whether a federal question appears on the face of the plaintiff's well-pleaded complaint."). Signed by Judge Kathryn Kimball Mizelle on 7/12/2022. (JMB)
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| Filing 4 NOTICE to counsel Alyssa Flood, Joseph R. Flood of Local Rule 2.02(a), which requires designation of one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action. File a Notice of Lead Counsel Designation to identify lead counsel. (Signed by Deputy Clerk). (SEG) |
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Filing 3
CIVIL CASE ORDER. Counsel and any unrepresented party shall meet within forty days after the case was removed for the purposes of preparing and filing a Case Management Report. Signed by Judge Kathryn Kimball Mizelle on 7/12/2022. (JMB)
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| Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Sean P. Flynn. New case number: 8:22-cv-1561-KKM-SPF. (SJB) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Clerk of the Circuit Court, case number 2022 CA 551 filed in State Court on June 9, 2022. Filing fee $402, receipt number AFLMDC-19757633 filed by Hernando County, Florida. (Attachments: #1 State Court COMPLAINT, #2 State Court Other Documents, #3 State Court Other Documents, #4 State Court Other Documents, #5 Civil Cover Sheet)(Flood, Alyssa) |
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| Plaintiff: James E. Nevens | |
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| Defendant: Hernando County, Florida | |
| Represented By: | Alyssa Joy Flood |
| Represented By: | Joseph R. Flood, Jr. |
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