Washington et al v. Justice et al
| Lavonne Washington and Michael Washington |
| Gina Justice and Cindy Stuart |
| 8:2025cv00400 |
| February 18, 2025 |
| U.S. District Court for the Middle District of Florida |
| William F Jung |
| Anthony E Porcelli |
| Civil Rights: Other |
| 28 U.S.C. § 1441 Notice of Removal |
| None |
Docket Report
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This docket was last retrieved on April 18, 2025. A more recent docket listing may be available from PACER.
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Filing 34
ENDORSED ORDER denying #27, per Dkts. 31 and 33, Motion to Proceed In Forma Pauperis. Signed by Judge William F. Jung on 4/18/2025. (Jung, William)
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Filing 33
ENDORSED ORDER, upon de novo review of the entire record, adopting #31 Report and Recommendations. In forma pauperis status on appeal is denied by the District Court. Signed by Judge William F. Jung on 4/18/2025. (Jung, William)
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| Filing 32 OBJECTION to #31 Report and Recommendations by Lavonne Washington, Michael Washington. (LD) |
| Filing 31 REPORT AND RECOMMENDATIONS re #27 MOTION to Proceed In Forma Pauperis. For the reasons stated herein, it is recommended that the motion be denied. See Report for further details. Signed by Magistrate Judge Anthony E. Porcelli on 4/11/2025. (KBP) |
| Filing 30 TRANSCRIPT information form filed by Lavonne Washington, Michael Washington re #25 Notice of Appeal. USCA number: 25-10888. No transcript(s) requested. (LD) |
| Filing 29 NOTICE to the Court by Lavonne Washington, Michael Washington. (LD) |
| Filing 28 TRANSCRIPT information form filed by Lavonne Washington, Michael Washington re #25 Notice of Appeal. USCA number: 25-10888. No transcript(s) requested. (LD) |
| Filing 27 MOTION to Proceed In Forma Pauperis by Lavonne Washington, Michael Washington. (KME) Motions referred to Magistrate Judge Anthony E. Porcelli. |
| Filing 26 TRANSMITTAL of initial appeal package to USCA consisting of copies of notice of appeal, docket sheet, order/judgment being appealed, and motion, if applicable to USCA re #25 Notice of Appeal. (KME) |
| Filing 25 NOTICE OF APPEAL as to 19 Order on Motion to Dismiss, 23 Order on Motion for Miscellaneous Relief, 20 Order on Motion for Sanctions by Lavonne Washington, Michael Washington. Filing fee not paid. (KME) |
| Filing 24 NOTICE of Local Rule 1.11(e), which provides that, unless an order states another time, a seal under Rule 1.11 expires ninety days after a case is closed and all appeals are exhausted. To prevent the content of a sealed item from appearing on the docket after the seal expires, a party or interested non-party must move for relief before the seal expires. (Signed by Deputy Clerk). (JTM) |
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Filing 23
ENDORSED ORDER denying #22 Motion for miscellaneous relief. The Motion, however, makes a good point. The Court dismissed the claim against Judge Merryday. That was the basis for removal. The Plaintiff's Motion states that this Court does not have subject matter jurisdiction. The undersigned agrees, given the dismissal of Judge Merryday from the complaint as well as the other judges pursuant to judicial immunity. The Order noted these causes of action were barred by judicial immunity, meaning not capable of being pursued. This is clear from the record that the judges were sued for judicial acts conducted in their role as judges. Accordingly, with Judge Merryday and the other judges being removed, the Clerk will remand this case to State Court due to the absence of subject matter jurisdiction, and then close this file. Signed by Judge William F. Jung on 3/10/2025. (Jung, William) Modified on 3/10/2025 (Jung, William).
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| Filing 22 MOTION for Miscellaneous Relief, specifically for Issuance of Written Orders by All Plaintiffs. (Attachments: #1 Exhibits)(LD) |
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Filing 20
ENDORSED ORDER denying as frivolous #9 Motion for Sanctions. Signed by Judge William F. Jung on 2/28/2025. (Jung, William)
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Filing 19
ENDORSED ORDER granting #14 Motion to Dismiss. The Court grants the motion to dismiss as to Defendant Merryday, and sua sponte also dismisses the complaint against Defendants Gabbard, Ward, and Polo. These last three Defendants are judges in the Thirteenth Judicial Circuit of Florida. The Complaint shows that all four Defendants here are judges, sued for official acts they undertook while in the process of judging. The broad immunity afforded judicial officers bars these claims presently asserted. See Bolin v. Story, 225 F.3d 1234, 1239 (11th Cir. 2000); Stump v. Sparkman, 435 U.S. 349, 356 (1978). These acts alleged are not in the clear absence of all jurisdction. Id.; Dennis v. Sparks, 449 U.S. 24, 31 (1980). Signed by Judge William F. Jung on 2/28/2025. (Jung, William)
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| Filing 21 SUPPLEMENT to #9 MOTION for Sanctions by Lavonne Washington, Michael Washington. (LD) |
| Filing 18 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Cindy Stuart. (Margolin, Jason) |
| Filing 17 NOTICE of a related action per Local Rule 1.07(c) by Steven D. Merryday. Related case(s): Yes (Carter, Ronnie) Modified on 2/28/2025 to edit docket text (MSN). |
| Filing 16 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Steven D. Merryday. (Carter, Ronnie) |
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Filing 15
ENDORSED ORDER granting #12 Motion for Extension of Time to Answer. The Hillsborough County Clerk of Court's (formerly Cindy Stuart, now Victor Crist) answer or response due 3/18/2025. Signed by Judge William F. Jung on 2/26/2025. (CCB)
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| Filing 14 MOTION to Dismiss Complaint filed by the United States on behalf of Defendant Steven D. Merryday by Steven D. Merryday. (Carter, Ronnie) Modified text on 2/26/2025 (BD). |
| Filing 13 Notice of substitution of AUSA. Ronnie S. Carter substituting for Lacy R. Harwell, Jr.. (Carter, Ronnie) |
| Filing 12 MOTION for Extension of Time to Respond to Complaint (by Victor D. Crist, Clerk) by Cindy Stuart. (Margolin, Jason) Modified text on 2/26/2025 (BD). |
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Filing 11
ENDORSED ORDER granting #7 Motion for Extension of Time to File a response to the complaint up to and including March 17, 2025. Signed by Judge William F. Jung on 2/24/2025. (CCB)
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| Filing 10 NOTICE by Cindy Stuart of Automatic Substitution and Request to Amend Case Caption (Molaskey, Keenan) |
| Filing 9 MOTION for Sanctions against Defendant Steven D. Merryday and Defendant's Attorney for Improper Removal and to Remand by Lavonne Washington, Michael Washington. (LD) |
| Filing 8 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Jennifer X. Gabbard, Gina Justice, Melissa Polo. (Tirado, Juliana) |
| Filing 7 MOTION for Extension of Time to File Response to Plaintiff's Complaint by Jennifer X. Gabbard, Gina Justice, Melissa Polo. (Tirado, Juliana) |
| Filing 6 NOTICE of Lead Counsel Designation by Juliana Tirado on behalf of Jennifer X. Gabbard, Gina Justice, Melissa Polo. Lead Counsel: Juliana Tirado. (Tirado, Juliana) |
| Filing 5 NOTICE of Appearance by Juliana Tirado on behalf of Jennifer X. Gabbard, Gina Justice, Melissa Polo (Tirado, Juliana) |
| Filing 4 NOTICE of Appearance by Keenan Molaskey on behalf of Cindy Stuart (Molaskey, Keenan) |
| Filing 3 NOTICE of Appearance by Jason L. Margolin on behalf of Cindy Stuart (Margolin, Jason) |
| Filing 2 NEW CASE ASSIGNED to Judge William F. Jung and Magistrate Judge Anthony E. Porcelli. New case number: 8:25-cv-400-WFJ-AEP. (RLK) |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Hillsborough County Circuit Court, case number 24-CA-010301 filed in State Court on 12/29/2024. filed by Steven D. Merryday. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Harwell, Lacy) |
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