Burney v. Chronister, et al.
Plaintiff: Faith Burney, et. al. and Faith Burney
Defendant: Chad Chronister, Tyler Brooks and Carlos Cuevas
Case Number: 8:2023cv02306
Filed: October 11, 2023
Court: US District Court for the Middle District of Florida
Presiding Judge: Kathryn Kimball Mizelle
Referring Judge: Christopher P Tuite
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. ยง 1983 Civil Rights Act
Jury Demanded By: Defendant
Docket Report

This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 13, 2023 Opinion or Order Filing 6 ENDORSED ORDER dismissing action without prejudice because the earlier Order #5 striking the 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, 719-22 (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." (emphasis added) (citations omitted)). The Clerk is directed to TERMINATE any pending motions and deadlines and to CLOSE this case. Signed by Judge Kathryn Kimball Mizelle on 11/13/2023. (ALE)
October 18, 2023 Set deadlines: Amended Complaint due by 11/8/2023 (SPM)
October 17, 2023 Opinion or Order Filing 5 ORDER: The Plaintiff's complaint, (Doc. 1-1), is DISMISSED without prejudice because it is a shotgun pleading. The Plaintiff may refile an amended complaint no later than November 8, 2023. If the Plaintiff fails to refile, this action will become subject to dismissal without further notice. Signed by Judge Kathryn Kimball Mizelle on 10/17/2023. (ALE)
October 11, 2023 Filing 4 CERTIFICATE of interested persons and corporate disclosure statement by Chad Chronister, individual compacity, Carlos Cuevas, individual compacity. (Fischbach, Kimberly)
October 11, 2023 Filing 3 NOTICE of a related action per Local Rule 1.07(c) by Chad Chronister, individual compacity, Carlos Cuevas, individual compacity. Related case(s): Yes (Fischbach, Kimberly)
October 11, 2023 Filing 2 NEW CASE ASSIGNED to Judge Kathryn Kimball Mizelle and Magistrate Judge Christopher P. Tuite. New case number: 8:23-cv-2306-KKM-CPT. (ARC)
October 11, 2023 Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Circuit Court, case number 2023-CA-014821 filed in State Court on 08/25/2023. Filing fee $402, receipt number AFLMDC-21340699 filed by Carlos Cuevas, individual compacity, Chad Chronister, individual compacity. (Attachments: #1 State Court COMPLAINT, #2 State Court Other Documents, #3 State Court Other Documents, #4 State Court Other Documents, #5 State Court Other Documents, #6 State Court Other Documents, #7 State Court Other Documents, #8 State Court Other Documents, #9 State Court Other Documents, #10 State Court Docket Sheet, #11 Civil Cover Sheet)(Fischbach, Kimberly)

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Plaintiff: Faith Burney, et. al.
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Plaintiff: Faith Burney
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Defendant: Chad Chronister
Represented By: Kimberly Anne Fischbach
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Defendant: Tyler Brooks
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Defendant: Carlos Cuevas
Represented By: Kimberly Anne Fischbach
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