Roberts v. McGhee et al
Plaintiff: Frederic Roberts
Defendant: Scott Glenn McGhee, Dawn Pasquale, Officer Michael Williams, Officer Paul Bosco, Officer Robert Furman, Clearwater Police Department and City of Clearwater
Case Number: 8:2022cv01679
Filed: July 26, 2022
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: Kathryn Kimball Mizelle
Referring Judge: Amanda Arnold Sansone
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on September 20, 2022. A more recent docket listing may be available from PACER.

Date Filed Document Text
September 20, 2022 Opinion or Order Filing 29 ENDORSED ORDER: A September 14, 2022 order (Doc. #26) dismisses this action without prejudice for the plaintiff's failure to prosecute. On September 16, 2022, the plaintiff attempts to voluntarily dismiss this action with prejudice under Rule 41(a)(1)(A)(i). (Doc. #27.) Additionally, the parties submit a notice of settlement and request dismissal with prejudice. (Doc. #28.) Because the September 14, 2022 order dismissed this action, no authority remains to enter a dismissal with prejudice. The parties can enter an enforceable settlement agreement without judicial supervision. Signed by Judge Steven D. Merryday on 9/20/2022. (JMP)
September 19, 2022 Filing 28 NOTICE of settlement by Scott Glenn McGhee (Calciano, Brian)
September 16, 2022 Filing 27 JOINT STIPULATION of Dismissal with Prejudice by Frederic Roberts. (SET)
September 14, 2022 Opinion or Order Filing 26 ORDER dismissing case WITHOUT PREJUDICE. The Clerk is directed to terminate any pending motion and deadline and to close this case. Signed by Judge Steven D. Merryday on 9/14/2022. (JMP)
September 12, 2022 Opinion or Order Filing 25 ENDORSED ORDER: The civil case order (Doc. #3) requires the parties to submit a case management report within forty days after removal. The parties fail to submit a case management report. No later than September 26, 2022, the parties must file a case management report, or this action is subject to dismissal for failure to prosecute. Signed by Judge Steven D. Merryday on 9/12/2022. (JMP)
September 12, 2022 Opinion or Order Filing 24 ENDORSED ORDER: On August 18, 2022, Paul Bosco, Robert Furman, Michael Williams, the City of Clearwater, and the Clearwater Police Department moved to dismiss Frederic Roberts' complaint. (Doc. #19.) Although Local Rule 3.01(c) provides Roberts with twenty-one days to respond to the defendants' motion, Roberts fails to respond. Roberts must respond to the defendants' motion no later than September 26, 2022. CAUTION: Local Rule 3.01(c) treats as unopposed a motion to which the opposing party fails to respond. Signed by Judge Steven D. Merryday on 9/12/2022. (JMP)
September 12, 2022 Opinion or Order Filing 23 ENDORSED ORDER: On August 17, 2022, Scott G. McGhee moved to dismiss Frederic Roberts' complaint. (Doc. #14.) Although Local Rule 3.01(c) provides Roberts with twenty-one days to respond to McGhee's motion, Roberts fails to respond. Roberts must respond to McGhee's motion no later than September 26, 2022. CAUTION: Local Rule 3.01(c) treats as unopposed a motion to which the opposing party fails to respond. Signed by Judge Steven D. Merryday on 9/12/2022. (JMP)
August 30, 2022 Opinion or Order Filing 22 ENDORSED ORDER: An earlier order (Doc. 13) directs Frederic Roberts to file a disclosure statement and notice of related action no later than August 22, 2022. Roberts fails to comply. No later than September 13, 2022, Roberts must file a disclosure statement and a notice of related action. If Roberts does not comply, he must show cause why this action should not be dismissed under Local Rule 3.10 for failure to prosecute. Signed by Judge Steven D. Merryday on 8/30/2022. (JMP)
August 26, 2022 Filing 21 Second MOTION to Dismiss Complaint by Dawn Pasquale. (Ekonomides, Nickolas)
August 23, 2022 Opinion or Order Filing 20 ENDORSED ORDER: An earlier order (Doc. 9) denies Dawn Pasquale's motion to dismiss (Doc. #7) for two defects, including failure to comply with Local Rule 3.01(g). Pasquale submits, an amended motion to dismiss (Doc. #10) but again fails, to comply with Rule 3.01(g). Pasquale's amended motion is DISMISSED WITHOUT PREJUDICE. If Pasquale submits a second amended motion to dismiss, Pasquale must move both in compliance with Rule 3.01(g) and no later than August 29, 2022. Signed by Judge Steven D. Merryday on 8/23/2022. (JMP)
August 18, 2022 Filing 19 Amended MOTION to Dismiss for Failure to State a Claim by Paul Bosco, City of Clearwater, Clearwater Police Department, Robert Furman, Michael Williams. (Fuino, Michael)
August 17, 2022 Filing 18 CERTIFICATE of interested persons and corporate disclosure statement re 13 Order no pdf, by Dawn Pasquale. (Ekonomides, Nickolas)
August 17, 2022 Filing 17 NOTICE of a related action per Local Rule 1.07(c) by Dawn Pasquale. Related case(s): Yes (Ekonomides, Nickolas)
August 17, 2022 Filing 16 CERTIFICATE of interested persons and corporate disclosure statement re #4 Standing Order by Scott Glenn McGhee. (Calciano, Brian)
August 17, 2022 Filing 15 NOTICE of a related action per Local Rule 1.07(c) by Scott Glenn McGhee. Related case(s): Yes (Calciano, Brian)
August 17, 2022 Filing 14 Amended MOTION to Dismiss Plaintiff's Amended Complaint or, in the alternative, for a more definite statement by Scott Glenn McGhee. (Calciano, Brian) Modified text by removing all caps on 8/18/2022 (LSS).
August 15, 2022 Opinion or Order Filing 13 ENDORSED ORDER: A July 29, 2022 order (Doc. #4) directs the parties to file a disclosure statement and a notice of related action no later than August 12, 2022. Frederic Roberts fails to comply. No later than August 22, 2022, Roberts must file a disclosure statement and a notice of related action, show good cause for the failure to file, or become subject to dismissal without further notice. Signed by Judge Steven D. Merryday on 8/15/2022. (JMP)
August 5, 2022 Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Paul Bosco, City of Clearwater, Clearwater Police Department, Robert Furman, Michael Williams. (Fuino, Michael)
August 5, 2022 Filing 11 NOTICE of a related action per Local Rule 1.07(c) by Paul Bosco, City of Clearwater, Clearwater Police Department, Robert Furman, Michael Williams. Related case(s): No (Fuino, Michael)
August 4, 2022 Filing 10 Amended MOTION to Dismiss for Failure to State a Claim by Dawn Pasquale. (Ekonomides, Nickolas)
August 4, 2022 Opinion or Order Filing 9 ENDORSED ORDER: The Court DENIES Defendants' motions to dismiss WITHOUT PREJUDICE for failure to comply with Local Rule 3.01(g). (Doc. 6., Doc. 7., Doc. 8.) Defendants Michael Williams, Paul Bosco, Robert Furman, the Clearwater Police Department, and the City of Clearwater failed to comply with Rule 3.01(g) by merely stating that the Plaintiff's complaint did not list his cell phone number or email address. Plaintiff listed his home address, making it possible for Defendants to contact Plaintiff via the mail. Defendants Scott G. McGhee and Dawn Pasquale failed to comply with Local Rule 3.01(g)(2) entirely. (Doc. 6., Doc. 7.) Defendant Dawn Pasquale's motion to dismiss is also DENIED WITHOUT PREJUDICE for failure to comply with Local Rule 1.08(b). (Doc. 7.) Defendants must submit amended motions to dismiss or file their responsive pleadings no later than August 18, 2022. Signed by Judge Kathryn Kimball Mizelle on 8/4/2022. (JMP)
August 3, 2022 Filing 8 MOTION to Dismiss Amended Complaint and Incorporated Legal Memorandum by City of Clearwater. (Fuino, Michael) Modified on 8/4/2022 removed motion allow electronic (BES).
August 2, 2022 Filing 7 Amended MOTION to Dismiss for Failure to State a Claim by Dawn Pasquale. (Ekonomides, Nickolas)
August 2, 2022 Filing 6 MOTION to Dismiss Plaintiff's Amended Complaint or, in the Alternative, for a More Definite Statement by Scott Glenn McGhee. (Calciano, Brian)
August 2, 2022 Filing 5 NOTICE of Appearance by Brian K. Calciano on behalf of Scott Glenn McGhee (Calciano, Brian)
July 29, 2022 Opinion or Order Filing 4 CIVIL CASE ORDER. Counsel and any unrepresented party shall meet within forty days after removal for the purposes of preparing and filing a Case Management Report. Signed by Judge Kathryn Kimball Mizelle on 7/29/2022. (SMR)
July 28, 2022 REFUND for duplicate payments. Receipt number AFLMDC-19819416 and AFLMDC-19812645 refunded in the amount of $402.00 each paid to Michael Fuino. (JSR)
July 27, 2022 Filing 3 COMPLAINT and NOTICE OF REMOVAL from Pinellas County Judicial Court, case number 22-001422-CI filed in State Court on 3/28/2022. Filing fee $402, receipt number AFLMDC-19819682 filed by City of Clearwater. (Attachments: #1 State Court Other Documents, #2 State Court COMPLAINT, #3 State Court Other Documents, #4 State Court COMPLAINT, #5 State Court Other Documents, #6 State Court Docket Sheet, #7 Civil Cover Sheet)(Fuino, Michael)
July 26, 2022 Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Amanda Arnold Sansone. New case number: 8:22-cv-1679-KKM-AAS. (SJB)
July 26, 2022 Filing 1 ***TERMINATED; COUNSEL NOTIFIED TO REFILE USING THE NOTICE OF REMOVAL EVENT AND ATTACHING THE STATE COURT RECORD ACCORDING TO PROCEDURE***COMPLAINT and NOTICE OF REMOVAL from Pinellas County Judicial Court, case number 22-001422-CI filed in State Court on 3/28/2022. Filing fee $402, receipt number AFLMDC-19812645 filed by City of Clearwater. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(Fuino, Michael) Modified on 7/27/2022 (SET).

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Plaintiff: Frederic Roberts
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Defendant: Scott Glenn McGhee
Represented By: Brian K. Calciano
Represented By: Michael Patrick Fuino
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Defendant: Dawn Pasquale
Represented By: Nickolas C. Ekonomides
Represented By: Michael Patrick Fuino
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Defendant: Officer Michael Williams
Represented By: Michael Patrick Fuino
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Defendant: Officer Paul Bosco
Represented By: Michael Patrick Fuino
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Defendant: Officer Robert Furman
Represented By: Michael Patrick Fuino
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Defendant: Clearwater Police Department
Represented By: Michael Patrick Fuino
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Defendant: City of Clearwater
Represented By: Michael Patrick Fuino
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