Percival v. Leduc et al
| Diana Percival |
| David Leduc, Marcos Perera, Jordan Brizendine, Alarm Monitoring & Service, Inc., Hillsborough County and Chad Chronister |
| 8:2023cv01243 |
| June 2, 2023 |
| US District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Julie S Sneed |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on April 17, 2024. A more recent docket listing may be available from PACER.
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Filing 30
MOTION for Extension of Time to File Response/Reply as to #25 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law, #22 MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law by Diana Percival. (McLymont, Jeremy)
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Filing 29
ENDORSED ORDER: Plaintiff has failed to provide adequate proof that she has served the #10 amended complaint on Defendants David A. Leduc and Alarm Monitoring & Service, Inc., consistent with Federal Rule of Civil Procedure 5, despite this Court's 24 order. Specifically, Rule 5(d)(1) requires that Plaintiff file a certificate of service, not just an unsworn mail receipt. See (Doc. 28); Fed. R. Civ. P. 5(d)(1). Plaintiff must, no later than August 6, 2023, file a certificate of service affirming that she has served the amended complaint on Leduc and Alarm Monitoring. Failure to comply will result in Plaintiff's claims against Leduc and Alarm Monitoring becoming subject to dismissal without further notice. See Local Rule 3.10. Signed by Judge Kathryn Kimball Mizelle on 7/28/2023. (ZG)
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Filing 28
CERTIFICATE of service by Diana Percival . (McLymont, Jeremy)
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Filing 27
CERTIFICATE of interested persons and corporate disclosure statement by Jordan Brizendine, Chad Chronister, Marcos Perera. (Brown, Christopher)
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Filing 26
NOTICE of a related action per Local Rule 1.07(c) by Jordan Brizendine, Chad Chronister, Marcos Perera. Related case(s): Yes (Brown, Christopher)
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Filing 25
MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law by Jordan Brizendine, Marcos Perera. (Brown, Christopher)
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Filing 24
ENDORSED ORDER granting Defendant Jordan Brizendine's #23 Motion for Clarification & Extension of Time. Brizendine must respond to the amended complaint by July 29, 2023. Additionally, Plaintiff Diana Percival is ORDERED to provide proof that she has served the #10 amended complaint to Defendants David A. Leduc and Alarm Monitoring & Service, Inc., consistent with Federal Rule of Civil Procedure 5 by July 24, 2023. Signed by Judge Kathryn Kimball Mizelle on 7/18/2023. (ZG)
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Filing 23
Unopposed MOTION for Clarification re #10 Amended Complaint or Extension as to Deadline and Incorporated Memorandum of Law by Jordan Brizendine. (Attachments: #1 Exhibit Exhibit A)(Brown, Christopher)
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Filing 22
MOTION to Dismiss Amended Complaint and Incorporated Memorandum of Law by Chad Chronister. (Brown, Christopher)
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Filing 21
ENDORSED ORDER: Although Plaintiff served Defendants Alarm Monitoring & Service, Inc., Jordan Brizendine, and David A. Leduc on June 17, 2023, Defendants have failed to timely answer Plaintiff's complaint. See Fed. R. Civ. P. 12(a)(1). Accordingly, Plaintiff must move for a default as to those Defendants no later than August 8, 2023. See Local Rule 1.10(b). Signed by Judge Kathryn Kimball Mizelle on 7/12/2023. (ZG)
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Filing 20
RETURN of service executed on 06/27/2023 by Diana Percival as to Chad Chronister. (Herrera, Yeslly)
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Filing 19
RETURN of service executed on 07/08/2023 by Diana Percival as to Marcos Perera. (Herrera, Yeslly)
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Filing 18
RETURN of service executed on 06/17/2023 by Diana Percival as to David Leduc. (Herrera, Yeslly)
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Filing 17
RETURN of service executed on 06/17/2023 by Diana Percival as to Jordan Brizendine. (Herrera, Yeslly)
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Filing 16
RETURN of service executed on 6/17/2023 by Diana Percival as to Alarm Monitoring & Service, Inc.. (Herrera, Yeslly) Modified on 7/13/2023 to correct date served. (LAB).
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Filing 15
CERTIFICATE of interested persons and corporate disclosure statement by Diana Percival. (McLymont, Jeremy)
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Set/reset deadlines/hearings: Show Cause Response due by 7/6/2023 (JK)
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Filing 14
ENDORSED ORDER: The Court twice ordered Plaintiff to file a Certificate of Interested Persons and Corporate Disclosure Statement. See Doc. #3, Doc. 13. Plaintiff must, by July 6, 2023, show cause why this case should not be dismissed for failure to prosecute. See Local Rule 3.10. Alternatively, Plaintiff may file the Certificate of Interested Persons and Corporate Disclosure Statement by July 6, 2023. Signed by Judge Kathryn Kimball Mizelle on 6/29/2023. (ZG)
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Filing 13
ENDORSED ORDER: As required by Local Rule 3.03, Plaintiff must file a Certificate of Interested Persons and Corporate Disclosure Statement identifying parties and interested corporations in which any assigned judge may be a shareholder, as well as for other matters that might require consideration of recusal. Plaintiff must file the foregoing by using the template attached to Doc. #3 (also available on the undersigned's website under the "forms" tab). Plaintiff must file the Disclosure Statement and Certification no later than June 28, 2023. Signed by Judge Kathryn Kimball Mizelle on 6/21/2023. (ZG)
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Filing 12
SUMMONS issued as to Chad Chronister. (LNR)
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Filing 11
PROPOSED summons to be issued by Diana Percival. (McLymont, Jeremy)
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Filing 10
AMENDED COMPLAINT against Alarm Monitoring & Service, Inc., Jordan Brizendine, David Leduc, Marcos Perera, Chad Chronister with Jury Demand. Filed by Diana Percival. (Attachments: #1 Exhibit Civil Theft Demand Letter)(McLymont, Jeremy)
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Filing 9
SUMMONS issued as to Alarm Monitoring & Service, Inc., Jordan Brizendine, Hillsborough County, David Leduc, Marcos Perera. (LNR)
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Filing 8
PROPOSED summons to be issued by Diana Percival. (Herrera, Yeslly)
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Filing 7
PROPOSED summons to be issued by Diana Percival. (Herrera, Yeslly)
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Filing 6
PROPOSED summons to be issued by Diana Percival. (Herrera, Yeslly)
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Filing 5
PROPOSED summons to be issued by Diana Percival. (Herrera, Yeslly)
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Filing 4
PROPOSED summons to be issued by Diana Percival. (Herrera, Yeslly)
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Filing 3
CIVIL CASE STANDING ORDER. The parties shall meet and file a Case Management Report using the standard form on the Court's website within forty days after any defendant appears. Each party must also file a Corporate Disclosure Statement using the standard template on the undersigned's website under the "forms" tab within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 6/5/2023. (RLD)
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Filing 2
NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Julie S. Sneed. New case number: 8:23-cv-1243-KKM-JSS. (AM)
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Filing 1
COMPLAINT against All Defendants with Jury Demand (Filing fee $402 receipt number AFLMDC-20903216) filed by Diana Percival. (Attachments: #1 Civil Cover Sheet, #2 Exhibit A Civil Theft Demand Letter)(McLymont, Jeremy)
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