Saunders v. Neighborhood Restaurant Partners, LLC et al
| Charmaine Saunders |
| Amber Bergen, Lindsay Meadows, Jeremy Smith, Forrest Andrews, Daniella Escobio, Neighborhood Restaurant Partners, LLC in its corporate capacity doing business as Applebee's, John Doe, Breit MF Preserve at Lakeland, LLC, BH Management Services, LLC, Jason Murphy, William Backer and Ricardo De Lucca |
| 8:2025cv00985 |
| April 17, 2025 |
| U.S. District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| Kathryn Kimball Mizelle |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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Filing 55
ENDORSED ORDER granting #54 Motion to Appear Remotely at the October 28, 2025 IDEAL case management conference. The Court will convert the October 28, 2025 hearing to a Zoom hearing. All parties may now appear via videoconference. The Court will e-mail a Zoom link for the videoconference prior to the hearing. Signed by Magistrate Judge Natalie Hirt Adams on 10/10/2025. (CJF)
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| Filing 54 MOTION to appear by video at Case Management Conference by Amber Bergen, Lindsay Meadows, Jason Murphy, Neighborhood Restaurant Partners, LLC. (Murphy, Jason) |
| Filing 53 NOTICE of hearing: IDEAL Case Management Conference set for 10/28/2025 at 02:30 PM in Tampa Courtroom 11 A before Magistrate Judge Natalie Hirt Adams. At the Conference, the Court will discuss the IDEAL Program Policies and the parties' scheduling and case management needs.(CJF) |
| Filing 52 NOTICE of Order Referring Case to U.S. Magistrate Judge for IDEAL Program. See attached Order for important deadlines and information about the IDEAL Program. (CDR) |
| Filing 51 MEMORANDUM in opposition re #44 Motion to Dismiss for Failure to State a Claim filed by Charmaine Saunders. (LSS) |
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Filing 50
ENDORSED ORDER denying without prejudice #46 Plaintiff's Motion to Supplement for failure to comply with Local Rule 3.01(g). Under this rule, parties must confer in good faith before filing a motion and must include a certification stating whether the opposing party agrees to the requested relief. This requirement is intended to conserve judicial and party resources by encouraging resolution of disputes without court intervention. Plaintiff may renew her motion after she has meaningfully conferred with Defendants as required under Local Rule 3.01(g). Signed by Magistrate Judge Natalie Hirt Adams on 9/11/2025. (CJF)
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| Filing 49 NOTICE To The Court Regarding Extensive Address Search for Service on Defendant Amber Bergen by Charmaine Saunders (Attachments: #1 Mailing Envelope)(LSS) |
| Filing 48 RETURN of service executed on 7/21/25 by Charmaine Saunders as to Jeremy Smith. (Attachments: #1 Mailing Envelope)(LSS) (Main Document 48 replaced on 9/11/2025) (LSS). |
| Filing 47 RETURN of service executed on 7/23/25 by Charmaine Saunders as to Lindsay Meadows. (Attachments: #1 Mailing Envelope)(LSS) |
| Filing 46 MOTION to Supplement #16 Amended Complaint by Charmaine Saunders. (Attachments: #1 Exhibit, #2 Mailing Envelope)(LSS) |
| Filing 45 NOTICE of change of address by Charmaine Saunders (Attachments: #1 Mailing Envelope)(LSS) |
| Filing 44 MOTION to Dismiss for Failure to State a Claim by Jeremy Smith. (Backer, William) |
| Filing 43 MOTION to Dismiss Third Amended Complaint , MOTION to Dismiss for Failure to State a Claim by William Backer. (McElfatrick, Brian) |
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Filing 42
ENDORSED ORDER granting, for good cause, #41 Motion for an Extension of Time. Defendant Smith shall respond to the Complaint (doc. 16) on or before September 2, 2025. Signed by Magistrate Judge Natalie Hirt Adams on 8/11/2025. (CJF)
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| Filing 41 MOTION for Extension of Time to File to Respond to Plaintiff's Amended Complaint by Jeremy Smith. (Backer, William) Modified on 8/11/2025 to edit text. (LD). |
| Filing 40 MOTION to Dismiss for Failure to State a Claim by Ricardo De Lucca. (McElfatrick, Brian) |
| Filing 39 OBJECTION re #27 MOTION to Dismiss for Failure to State a Claim by Charmaine Saunders. (eportal) (MCB) |
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Filing 38
ENDORSED ORDER denying as moot #36 Defendants' Motion for an Order finding Plaintiff a Vexatious Litigant. Defendants ask the Court to: (1) declare Plaintiff a vexatious litigant; (2) issue a pre-filing injunction requiring Plaintiff to obtain leave of Court before filing any new actions related to the 2021 assault or any claims previously dismissed; or (3) dismiss Plaintiff's action with prejudice to the extent she reasserts frivolous or previously adjudicated claims. But, as Defendants point out, The Honorable Mary S. Scriven already found "Plaintiff Charmaine Saunders is a vexatious litigant under 28 U.S.C. 1651(a)." Doc. 36 p. 7. And, Judge Scriven restricted Plaintiff from filing any new document in this district, requiring that either Judge Scriven or myself review newly filed cases before Plaintiff is allowed to proceed. Id. at pp. 7-8. Finally, to the extent Defendants seek dismissal with prejudice, that issue is already before the District Judge in this matter. See Doc. 27. Signed by Magistrate Judge Natalie Hirt Adams on 7/23/2025. (Adams, Natalie)
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| Filing 37 NOTICE of a related action per Local Rule 1.07(c) by Forrest Andrews, Daniella Escobio. Related case(s): Yes (Johnson, Stephen) |
| Filing 36 MOTION for Miscellaneous Relief, specifically for an Order finding Plaintiff a Vexatious Litigant by Forrest Andrews, Daniella Escobio. (Attachments: #1 Exhibit A)(Johnson, Stephen) |
| Filing 35 NOTICE of Lead Counsel Designation by Jason Michael Murphy on behalf of Amber Bergen, Lindsay Meadows, Jason Murphy, Neighborhood Restaurant Partners, LLC. Lead Counsel: Jason M. Murphy. (Murphy, Jason) |
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Filing 34
ENDORSED ORDER granting, for good cause, #31 Motion for Extension of Time. Defendant Ricardo De Lucca shall respond to the Third Amended Complaint (Doc. 16) on or before August 6, 2025. Signed by Magistrate Judge Natalie Hirt Adams on 7/18/2025. (CJF)
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| Filing 33 NOTICE TO COUNSEL Jason M. Murphy of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (MSN) |
| Filing 32 MOTION to Dismiss Amended Complaint by Amber Bergen, Lindsay Meadows, Jason Murphy, Neighborhood Restaurant Partners, LLC. (Murphy, Jason) |
| Filing 31 MOTION for Extension of Time to File Answer re #16 Amended Complaint by Ricardo De Lucca. (McElfatrick, Brian) |
| Filing 30 NOTICE of Lead Counsel Designation by Stephen Hunter Johnson on behalf of Forrest Andrews, Daniella Escobio. Lead Counsel: Stephen Hunter Johnson. (Johnson, Stephen) |
| Filing 29 NOTICE of Lead Counsel Designation by Brian T. McElfatrick on behalf of Ricardo De Lucca. Lead Counsel: Brian T. McElfatrick. (McElfatrick, Brian) |
| Filing 28 Joint MOTION to Dismiss Plaintiff's Third Amended Complaint by BH Management Services, LLC, Breit MF Preserve at Lakeland, LLC. (Andrews, Forrest) |
| Filing 27 MOTION to Dismiss for Failure to State a Claim by Forrest Andrews, Daniella Escobio. (Attachments: #1 Exhibit A)(Johnson, Stephen) |
| Filing 26 RETURN of service executed on 6/26/2025 by Charmaine Saunders as to Jason Murphy. (eportal) (GL) |
| Filing 25 RETURN of service executed on 7/1/2025 by Charmaine Saunders as to Daniella Escobio. (eportal) (GL) |
| Filing 24 RETURN of service executed on 6/24/2025 by Charmaine Saunders as to Forrest Andrews. (eportal)(GL) Modified text on 7/10/2025 (GL). |
| Filing 23 RETURN of service executed on 6/26/2025 by Charmaine Saunders as to Neighborhood Restaurant Partners, LLC. (eportal) (GL) |
| Filing 22 ENTERED IN ERROR (GL). |
| Filing 21 RETURN of service executed on 6/26/2025 by Charmaine Saunders as to Ricardo De Lucca. (eportal) (GL) |
| Filing 20 RETURN of service executed on 6/25/2025 by Charmaine Saunders as to Breit MF Preserve at Lakeland, LLC. (eportal) (GL) |
| Filing 19 RETURN of service executed on 6/25/2025 by Charmaine Saunders as to BH Management Services, LLC. (eportal) (GL) |
| Filing 18 RETURN of service executed on 6/26/2025 by Charmaine Saunders as to Jason Murphy. (ARL) |
| Filing 17 SUMMONS issued as to Forrest Andrews, BH Management Services, LLC, William Backer, Amber Bergen, Breit MF Preserve at Lakeland, LLC, Ricardo De Lucca, Daniella Escobio, Lindsay Meadows, Jason Murphy, Neighborhood Restaurant Partners, LLC, Jeremy Smith. (KME) |
| Filing 16 AMENDED COMPLAINT against Forrest Andrews, BH Management Services, LLC, Amber Bergen, Breit MF Preserve at Lakeland, LLC, John Doe, Daniella Escobio, Lindsay Meadows, William Backer, Ricardo De Lucca, Jason Murphy, Neighborhood Restaurant Partners, LLC, Jeremy Smith. Terminating Campbell, Trohn, Tamayo & Aranda, P.A. (in its corporate capacity ), Kubicki Draper (in its corporate capacity ), Florida Department of Agriculture and Consumer Services (in its official capacity), Florida Department of Law Enforcement (FDLE) (in its official capacity), Hamilton, Miller & Birthisel (in its corporate capacity ), Lydecker LLP (In its corporate capacity), Michael McDaniel (in his individual and official capacities), Reinaldo Ojedo (in his individual and official capacities ), Brandon Rafool (In his Individual Capacity and Official Capacity ), Argonne Capital Group (in its corporate capacity ), and Stacey Butterfield (in her individual and official capacities) filed by Charmaine Saunders. (Attachments: #1 Civil Cover Sheet)(KME) Modified text on 6/24/2025 (KME). |
| FEES Paid by Charmaine Saunders (Filing fee $405.00, Receipt Number TPA-72445). (KME) |
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Filing 15
ORDER: The Magistrate Judge's #14 Report and Recommendation is ADOPTED except as to the deadline to amend and made a part of this Order for all purposes. Plaintiff Charmaine Saunders's #2 Motion to Proceed In Forma Pauperis is DENIED. Saunders's #9 Second Amended Complaint is DISMISSED WITHOUT PREJUDICE. Saunders may file a Third Amended Complaint and either pay the filing fee or move to proceed in forma pauperis no later than July 3, 2025. Should she fail to do so, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 6/16/2025. (SJR)
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| Filing 14 REPORT AND RECOMMENDATION re #2 Motion to Proceed In Forma Pauperis and #9 Second Amended Complaint. Signed by Magistrate Judge Natalie Hirt Adams on 5/29/2025. (CJF) |
| Filing 11 NOTICE of non-receipt of May 1, 2025 order and Confirmation of Second Amended Complaint Compliance by Charmaine Saunders re 7 Order 5 Order on Motion for Miscellaneous Relief. (AA) (e-portal) |
| Filing 10 NOTICE of Consent to receive electronic Service by Charmaine Saunders (AA) (e-portal) |
| Filing 13 NOTICE by Charmaine Saunders re #9 Amended Complaint, (Attachments: #1 Signed with Pen Second Amended Complaint (Duplicate of Entry 9), #2 Civil Cover Sheet)(MCB) |
| Filing 12 CERTIFICATE of interested persons and corporate disclosure statement by Charmaine Saunders. (MCB) |
| Filing 9 SECOND AMENDED COMPLAINT against Forrest Andrews, Argonne Capital Group, BH Management Services, LLC, Amber Bergen, Breit MF Preserve at Lakeland, LLC, Stacey Butterfield, Campbell, Trohn, Tamayo & Aranda, P.A., John Doe, Kubicki Draper, Daniella Escobio, Florida Department of Agriculture and Consumer Services, Florida Department of Law Enforcement (FDLE), Hamilton, Miller & Birthisel, Lydecker LLP, Michael McDaniel, Lindsay Meadows, Jason Murphy, Neighborhood Restaurant Partners, LLC, Reinaldo Ojedo, Brandon Rafool, Jeremy Smith with Jury Demand. Terminating City of Lakeland and Christina Stewart filed by Charmaine Saunders. (Attachments: #1 Plaintiff's Exhibit List, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N)(KME) Modified text on 5/23/2025 (KME). (Additional attachment(s) added on 5/23/2025: #16 Exhibit O, #17 Exhibit P, #18 Exhibit P AFF Ex A, #19 Exhibit P Exh B, #20 Exhibit Q, #21 Exhibit R, #22 Exhibit S, #23 Exhibit T, #24 Exhibit U, #29 Exhibit V, #30 Exhibit W, #31 Exhibit X, #32 Exhibit Y, #33 Exhibit Z) (KME). (Additional attachment(s) added on 5/28/2025: #34 Exhibit AA, #35 Exhibit BB, #36 Exhibit CC) (MCB). |
| Filing 8 AMENDED COMPLAINT against Forrest Andrews, Amber Bergen, John Doe, Daniella Escobio, Florida Department of Agriculture and Consumer Services, Florida Department of Law Enforcement (FDLE), Lydecker LLP, Lindsay Meadows, Jason Murphy, Neighborhood Restaurant Partners, LLC, Jeremy Smith, Breit MF Preserve at Lakeland, LLC, BH Management Services, LLC, Argonne Capital Group, Hamilton, Miller & Birthisel, Kubicki Draper, Campbell, Trohn, Tamayo & Aranda, Michael McDaniel, Reinaldo Ojedo, Brandon Rafool, Stacey Butterfield, City of Lakeland and Christina Stewart with Jury Demand. filed by Charmaine Saunders. (e-portal) Related document: #6 Amended Complaint, filed by Charmaine Saunders. (Attachments: #1 Civil Cover Sheet)(JKB) |
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Filing 7
ENDORSED ORDER. On May 1, 2025, I entered an Order providing guidance relating to Plaintiff's Complaint (Doc. 1). Doc. 5. Four days later, on May 5, 2025, the Clerk docketed an Amended Complaint (Doc. 6) that Plaintiff submitted to the Court prior to the Court's May 1 Order. Under Federal Rule of Civil Procedure 15, Plaintiff would generally have just one opportunity to amend her complaint. But, given that her Amended Complaint was sent prior to the Order analyzing her Complaint and instructing her on the federal pleading standards and applicable law, Plaintiff will be permitted to file a second amended complaint on or before May 22, 2025. Signed by Magistrate Judge Natalie Hirt Adams on 5/6/2025. (CJF)
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Filing 5
ENDORSED ORDER denying without prejudice #3 Motion to Waive Service of Process Fees. Should the Court grant Plaintiff's pending #2 motion to proceed without pre-paying the filing fee, it will direct the U.S. Marshal to serve Defendants. At this time, the Court has not granted Plaintiff leave to proceed without pre-paying the filing fee, so service of process is premature. Signed by Magistrate Judge Natalie Hirt Adams on 5/1/2025. (CJF) Modified text on 5/2/2025 (JNB).
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Filing 4
ORDER directing Plaintiff to either pay the filing fee or file an amended complaint within 21 days. Plaintiff's failure to timely pay the filing fee or to file an amended complaint that cures the errors identified in the Order will result in a recommendation that the District Court dismiss her #1 Complaint. Signed by Magistrate Judge Natalie Hirt Adams on 5/1/2025. (Attachments: #1 Exhibit 1 - Claims Chart)(CJF)
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| Filing 3 MOTION for Miscellaneous Relief, specifically Service of Process Fees by Charmaine Saunders. (e-portal) (JKB) |
| Filing 6 AMENDED COMPLAINT against Forrest Andrews, Amber Bergen, City of Lakeland, John Doe, Daniella Escobio, Florida Department of Agriculture and Consumer Services, Florida Department of Law Enforcement (FDLE), Lydecker LLP, Lindsay Meadows, Jason Murphy, Neighborhood Restaurant Partners, LLC, Jeremy Smith, Christina Stewart with Jury Demand filed by Charmaine Saunders.(KME) |
| Filing 2 MOTION to Proceed In Forma Pauperis by Charmaine Saunders. (e-portal) (JKB) Motions referred to Magistrate Judge Natalie Hirt Adams. |
| Filing 1 COMPLAINT against Forrest Andrews, Amber Bergen, City of Lakeland, John Doe, Daniella Escobio, Florida Department of Agriculture and Consumer Services, Florida Department of Law Enforcement (FDLE), Lydecker LLP, Lindsay Meadows, Jason Murphy, Neighborhood Restaurant Partners, LLC, Jeremy Smith with Jury Demand filed by Charmaine Saunders. (e-portal) (Attachments: #1 Civil Cover Sheet)(JKB) |
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