Macrae v. Mase et al
| Gail Patricia Macrae |
| Sundari Ranganthan Mase, Sonia Yris Angell, Tomas Javier Aragon, Debora Lynn Catsavas, Darin Lee Tankersley, Guadalupe Martinez Cruz, Alma Miranda Linsenmeyer, Lisa Maldonado, Gregory A. Adams, Kaiser Permanente and Abhishek Dosi |
| 8:2023cv02156 |
| September 25, 2023 |
| U.S. District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Personal Inj. Prod. Liability |
| 28 U.S.C. ยง 1331 Fed. Question: Personal Injury |
| Plaintiff |
Docket Report
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This docket was last retrieved on November 20, 2023. A more recent docket listing may be available from PACER.
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Filing 14
ENDORSED ORDER denying #13 Motion for Miscellaneous Relief as Moot. The Clerk entered final judgment dismissing this action without prejudice on October 24, 2023. See (Doc. #6). Signed by Judge Kathryn Kimball Mizelle on 11/20/2023. (ZG)
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| Filing 13 MOTION for Miscellaneous Relief, specifically for Findings of Fact and Conclusions of Law by Gail Patricia Macrae. (GL) |
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Filing 12
ENDORSED ORDER: On October 23, 2023, the Court directed the Clerk to close this case and enter judgment. Accordingly, the Clerk is directed to STRIKE Plaintiff's recent filings. (Docs. #9, #10, #11). Signed by Judge Kathryn Kimball Mizelle on 11/8/2023. (ZG)
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| Filing 11 **STRICKEN per Order 12** NOTICE of Information Requested from Defendants by Gail Patricia Macrae. (GL) Modified on 11/9/2023 as to docket text (ARL). |
| Filing 10 **STRICKEN per Order 12** NOTICE to Clerk of Court Regarding Plaintiff's Status and Legal Relations by Gail Patricia Macrae. (GL) Modified on 11/9/2023 as to docket text (ARL). |
| Filing 9 **STRICKEN per Order 12** AMENDED COMPLAINT against Gregory A. Adams, Sonia Yris Angell, Tomas Javier Aragon, Debora Lynn Catsavas, Abhishek Dosi, Kaiser Permanente, Alma Miranda Linsenmeyer, Lisa Maldonado, Guadalupe Martinez Cruz, Sundari Ranganthan Mase, Darin Lee Tankersley filed by Gail Patricia Macrae. (GL) Modified on 11/9/2023 as to docket text (ARL). |
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Filing 8
ENDORSED ORDER denying #7 Motion for Miscellaneous Relief as moot. The Court has already dismissed this action without prejudice and the Clerk has entered judgment. Signed by Judge Kathryn Kimball Mizelle on 11/6/2023. (ZG)
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| Filing 7 MOTION for Miscellaneous Relief, specifically to File Electronically by Gail Patricia Macrae. (Attachments: #1 Mailing Envelope)(GL) |
| Filing 6 JUDGMENT dismissing case without prejudice. Signed by Deputy Clerk on 10/24/2023. (ABC) |
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Filing 5
ENDORSED ORDER dismissing action without prejudice because the earlier Endorsed Order dismissing the #1 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." (citations omitted)). The Clerk is directed to ENTER JUDGMENT, which shall read "This action is dismissed without prejudice," TERMINATE any pending motions and deadlines, and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 10/23/2023. (ZG)
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| Filing 4 SUMMONS issued as to Gregory A. Adams, Sonia Yris Angell, Tomas Javier Aragon, Debora Lynn Catsavas, Abhishek Dosi, Kaiser Permanente, Alma Miranda Linsenmeyer, Lisa Maldonado, Guadalupe Martinez Cruz, Sundari Ranganthan Mase, Darin Lee Tankersley. (GL) |
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Filing 3
ENDORSED ORDER: Upon review, the Court finds this complaint constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count improperly "incorporates and adopts by reference the allegations in" the prior counts leading to a situation where count VIII incorporates the allegations of all preceding counts. See id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."); Compl. (Doc. #1) at pp. 116. The complaint is also "replete with 'the legal-sounding but meaningless verbiage commonly used by adherents to the so-called sovereign citizen movement.' " See Bey v. United States, No. 8:23-cv-1972-TPB-UAM, 2023 WL 5956978, at *1 (M.D. Fla. Sept. 13, 2023) (quotations omitted). "The arguments and legal theories espoused by sovereign citizens have been consistently rejected as 'utterly frivolous, patently ludicrous, and a waste of the court's time, which is being paid by hard-earned tax dollars.' " Id. (quotations omitted). Accordingly, Plaintiff's complaint is DISMISSED, and Plaintiff is granted leave to amend her complaint no later than October 20, 2023. If Plaintiff fails to amend the complaint or submits another frivolous or shotgun pleading, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 9/29/2023. (ZG)
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| Filing 2 MEMORANDUM in support re #1 Complaint filed by Gail Patricia Macrae. (GL) |
| Filing 1 COMPLAINT against Gregory A. Adams, Sonia Yris Angell, Tomas Javier Aragon, Debora Lynn Catsavas, Abhishek Dosi, Kaiser Permanente, Alma Miranda Linsenmeyer, Lisa Maldonado, Guadalupe Martinez Cruz, Sundari Ranganthan Mase, Darin Lee Tankersley with Jury Demand, Filing fee $402.00, receipt number TPA-69237 filed by Gail Patricia Macrae. (Attachments: #1 Civil Cover Sheet, #2 List of Exhibits, #3 Affidavit)(GL) |
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