Hutcheson et al v. Department of Veterans Affairs et al
| Joseph B. Hutcheson and Ella L. Hutcheson |
| Department of Veterans Affairs, Veterans Benefits Administration, Saint Petersburg Regional Office, Decision Review Operations Center, Julianna Boor, Jennifer Mailhot, AFGE, Matthew Corria, ORMDI, Lisa Hirosky, Toriea Morgan, Frankie Moore, Shelia Jackson, Rafiel De Los Santos, Julie Detrick, Tampa VAMC, Lynn Collins and Merit System Protection Board |
| 8:2025cv00185 |
| January 23, 2025 |
| U.S. District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| John L Badalamenti |
| Other Statutory Actions |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on February 6, 2025. A more recent docket listing may be available from PACER.
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| Filing 8 RESPONSE re #4 Order filed by Joseph B. Hutcheson. (Attachments: #1 Exhibits A-C - proof of service)(MCB) |
Filing 7
CIVIL ACTION ORDER. Signed by Judge John L. Badalamenti on 2/5/2025. (CAB)
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| Filing 6 NOTICE informing the parties that they may consent to the jurisdiction of a United States magistrate judge by filing Form AO 85 Notice, Consent, and Reference of a Civil Action to a Magistrate Judge using the event Consent to Jurisdiction of US Magistrate Judge. (Signed by Deputy Clerk). (CAB) |
| Filing 5 NOTICE of Local Rule 1.07(c), Local Rule 3.02(a)(2), and Local Rule 3.03. -Local Rule 1.07(c) requires lead counsel to file promptly a Notice of a Related Action identifying and describing any related action either pending or closed in the Middle District or elsewhere. -Local Rule 3.02(a)(2) requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. -Local Rule 3.03 requires each party to file a disclosure statement. Counsel must make their disclosures using the standard court form. The Disclosure Statement form can be found at www.flmd.uscourts.gov. (Signed by Deputy Clerk). (CAB) |
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Filing 4
ORDER. Liberally construing Plaintiffs' Complaint (Doc. #1) and the attached exhibit (Doc. 1-1), the Court recognizes that Plaintiffs may be seeking a temporary restraining order or a preliminary injunction in this case. The Court finds that Plaintiffs' purported request fails to comply with Federal Rule of Civil Procedure 65 and the Local Rules for the Middle District of Florida. If Plaintiffs wish to seek preliminary injunctive relief, the Court orders Plaintiffs to expedite service on Defendants consistent with the requirements of the Federal Rules of Civil Procedure. That said, the Court strongly encourages Plaintiffs to consider consulting a legal aid service, who might provide assistance for free, such as the Bay Area Volunteer Legal Services. See Order for details. Signed by Judge William F. Jung on 1/27/2025 (on behalf of Judge John L. Badalamenti). (BPC)
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Filing 3
ENDORSED ORDER denying #2 motion for discovery. The Federal Rules of Civil Procedure govern the procedures in this action. Federal Rule of Civil Procedure 26 provides that discovery in federal court commences after the parties have held a Rule 26(f) conference to discuss the case and develop a discovery plan. Here, Plaintiffs have not yet served Defendants, and no Rule 26(f) conference has occurred. Discovery is, therefore, premature. Additionally, once discovery begins, the proper way to request discovery will be to serve the requests on Defendants, not the Court. Plaintiffs are advised that even pro se plaintiffs must conform to procedural rules, including the Federal Rules of Civil Procedure and the Local Rules of the Middle District of Florida. Litigation, particularly in federal court, is difficult, and Plaintiffs should consider the resources available to pro se litigants, including the Legal Information Program operated by the Tampa Bay Chapter of the Federal Bar Association, and the Middle District of Florida's guide to assist pro se litigants proceeding in federal court, which is located on the Court's website at https://www.flmd.uscourts.gov/litigants-without-lawyers. Signed by Magistrate Judge Natalie Hirt Adams on 1/24/2025. (CJF)
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| Filing 2 MOTION for Discovery by Joseph B. Hutcheson. (LD) Motions referred to Magistrate Judge Natalie Hirt Adams. |
| Filing 1 COMPLAINT against All Defendants with Jury Demand Filing fee $405.00, receipt number TPA71649 filed by Joseph B. Hutcheson. (Attachments: #1 Exhibit Complaint and Request for Injunction, #2 Civil Cover Sheet)***Chambers notified***(LD) |
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