Burney v. Chronister, et al.
Faith Burney, et. al. and Faith Burney |
Chad Chronister, Tyler Brooks and Carlos Cuevas |
8:2023cv02306 |
October 11, 2023 |
US District Court for the Middle District of Florida |
Kathryn Kimball Mizelle |
Christopher P Tuite |
Civil Rights: Other |
42 U.S.C. ยง 1983 Civil Rights Act |
Defendant |
Docket Report
This docket was last retrieved on November 13, 2023. A more recent docket listing may be available from PACER.
Document Text |
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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) |
Set deadlines: Amended Complaint due by 11/8/2023 (SPM) |
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) |
Filing 4 CERTIFICATE of interested persons and corporate disclosure statement by Chad Chronister, individual compacity, Carlos Cuevas, individual compacity. (Fischbach, Kimberly) |
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) |
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) |
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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