Mathis et al v. AML Services Corp. et al
| Diwann Mathis |
| Christopher Fiori, Alain Lopez and John Doe |
| 8:2025cv02949 |
| October 30, 2025 |
| U.S. District Court for the Middle District of Florida |
| Kathryn Kimball Mizelle |
| Christopher P Tuite |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 57 NOTICE of Alain Lopez Email address of Service by Diwann Mathis re 39 Order on Motion to Strike, (Attachments: #1 Mailing Envelope)(AW) |
| Filing 56 NOTICE of Christophe Fiori Email address for Service by Diwann Mathis re 39 Order on Motion to Strike, (Attachments: #1 Mailing Envelope)(AW) |
Filing 54
ORDER: This case is set for mediation on June 1, 2026. Please see the attached document for more information. Signed by Magistrate Judge Christopher P. Tuite on 4/20/2026. (TC)
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| Filing 53 NOTICE of Newly Discovered Evidence by Diwann Mathis (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(EGP) |
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Filing 52
ENDORSED ORDER: In the light of the parties' joint request for a settlement conference before Magistrate Judge Tuite (Doc. #48), this case is referred to Magistrate Judge Tuite for a settlement conference. The parties' deadline to file a case management report or consent to the IDEAL program is extended until seven days after the settlement conference. Signed by Judge Kathryn Kimball Mizelle on 4/15/2026. (GTD)
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Filing 51
ENDORSED ORDER: The defendants failed to comply with the Court's previous order (Doc. 39) to file notices no later than April 7, 2026, identifying the e-mail address at which they should be served. The defendants must file their notices no later than April 24, 2024. The Court emphasizes that all parties must comply with its order (Doc. 39) directing all parties to serve all filings on all other parties to this action via e-mail. Signed by Judge Kathryn Kimball Mizelle on 4/15/2026. (GTD)
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| Filing 50 RESPONSE in Opposition re #43 MOTION to Dismiss Fourth Amendment Complaint filed by Diwann Mathis. (EGP) |
| Filing 49 NOTICE of Defective Service of Defendant Fiori Amended Motion to Dismiss by Diwann Mathis re #43 MOTION to Dismiss Fourth Amendment Complaint (EGP) |
| Filing 48 PROPOSED CONSENT to U.S. Magistrate Judge Authority and IDEAL Program and Request for Settlement Conference and Extension of IDEAL Deadline by Diwann Mathis. (Attachments: #1 Exhibit A)(EGP) |
| Filing 47 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Diwann Mathis. (EGP) |
| Filing 46 REQUEST for oral argument re #32 MOTION to Dismiss Fourth Amendment Complaint by Diwann Mathis. (EGP) |
| Filing 45 Minute Entry. Virtual Proceedings held before Magistrate Judge Christopher P. Tuite: CASE MANAGEMENT CONFERENCE held on 4/7/2026. (Digital) (AMS) |
| Filing 44 RESPONSE in Opposition re #32 MOTION to Dismiss Fourth Amendment Complaint filed by Diwann Mathis. (Attachments: # (A) Exhibit)(EGP) |
| Filing 43 Amended MOTION to Dismiss Fourth Amendment Complaint and Incorporated Memorandum of Law by Christopher Fiori. (EGP) |
| Filing 42 NOTICE OF CASE MANAGEMENT CONFERENCE re: #41 Order Referring Case to U.S. Magistrate Judge for Consideration of the Inexpensive Determination, Efficient, and Abbreviated Litigation (IDEAL) Program (IDEAL Referral Order). For the reasons set forth in the IDEAL Referral Order, a case management conference is set for April 7, 2026, at 3:00 p.m. before Magistrate Judge Christopher P. Tuite via Zoom videoconference. The parties should review the IDEAL Referral Order in advance of the hearing and be prepared to discuss any procedures that they believe could streamline discovery, motions practice, and trial. All pertinent parties will receive a Zoom videoconference invitation by separate email. Each person who participates in the proceeding must attend using his or her own device so that he or she appears on a separate screen during the videoconference. (TC) |
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Filing 41
CIVIL CASE STANDING ORDER & IDEAL REFERRAL: This case is REFERRED for consideration of the IDEAL program. No later than seven (7) days after the IDEAL conference, the parties must file either the Stipulated Consent to the IDEAL Program or submit the standard Case Management Report. See the IDEAL Order attached to this Civil Case Order. Each nongovernmental party must also file a Corporate Disclosure Statement using the standard template attached to this Order (also available on the undersigned's website under the "forms" tab) within fourteen days after appearing. Signed by Judge Kathryn Kimball Mizelle on 3/31/2026. (GTD) (Additional attachment(s) added on 3/31/2026: #1 IDEAL Referral Order) (GSO).
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Filing 40
ENDORSED ORDER denying without prejudice Plaintiff's #37 construed renewed motion for a clerk's default. As to Defendant Alain Lopez, the motion is denied because Defendant Lopez has appeared in this action and filed a motion to dismiss Plaintiff's operative complaint. See (#32). As to Defendant Christophe Fiori, while his motion to dismiss has been stricken (35), Plaintiff does not provide any authority explaining why Defendant Fiori has not already appeared for the purposes of this action. Signed by Magistrate Judge Christopher P. Tuite on 3/30/2026. (TC)
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Filing 39
ENDORSED ORDER: The Court DENIES the plaintiff's motion to strike (Doc. #38). The Court already struck Defendant Fiori's motion to dismiss (Doc. #31) on separate grounds. The Court declines to strike Defendant Lopez's motion to dismiss over a technical failure to include a certificate of service and to separately serve his motion on the plaintiff. This is particularly so when the plaintiff's own motion similarly violates the Federal Rules of Civil Procedure and the Local Rules. The plaintiff clearly was not prejudiced by this failure since he quickly obtained a copy of the motion. All parties in this action, including the plaintiff, have regularly violated the Federal Rules of Civil Procedure and the Local Rules. To that end, the Court orders all parties to comply with Rule 11(a), which requires that each paper be signed by the party and include the signer's address, e-mail address, and telephone number. The parties also must comply with Local Rule 3.01(g)'s duty to confer and attach a certificate of good faith conferral. Lastly, the parties must serve their filings on all other parties via electronic mail. The plaintiff is to be served at [email protected]. No later than April 7, 2026, each defendant must file a notice identifying the e-mail address at which they should be served. The Court notes for the parties' awareness that because every party is pro se and must paper file, there will be delays before timely filed papers are docketed. These delays can be multi-day delays. The date on which any paper was filed will be accurately reflected on the docket once the Clerk's office has docketed the paper. Signed by Judge Kathryn Kimball Mizelle on 3/27/2026. (GTD)
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| Filing 38 MOTION to Strike re #32 MOTION to Dismiss Fourth Amendment Complaint and Response to Endorsed Order, with Request for Order to Show Cause. by Diwann Mathis. (Attachments: #1 Exhibit A)(EGP) |
| Filing 37 Amended MOTION for Clerk's Entry of Default against Christopher Fiori, Alain Lopez by Diwann Mathis. (EGP) Motions referred to Magistrate Judge Christopher P. Tuite. |
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Filing 36
ENDORSED ORDER denying Plaintiff's #34 construed Motion for Clerk's Entry of Default. It appears both Defendants named in the motion have already appeared and have filed motions to dismiss Plaintiff's Fourth Amended Complaint. See [31, 32]. Signed by Magistrate Judge Christopher P. Tuite on 3/24/2026. (TC)
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Filing 35
ENDORSED ORDER: Upon review, defendant Fiori's motion to dismiss (Doc. #31) does not comply with Federal Rule of Civil Procedure 11(a), which requires that every paper filed include "the signer's address, e-mail address, and telephone number." The Clerk is directed to STRIKE the motion to dismiss. Defendant Fiori may correct the Rule 11(a) deficiencies and refile the motion no later than April 1, 2026. Should he refile, he is cautioned that the Court need "not consider arguments... without elaboration or citation of authority." Lawver v. Hillcrest Hospice, Inc., 300 F. App'x 768, 771 (11th Cir. 2008). The current motion is devoid of legal authority and raises its arguments in passing. Signed by Judge Kathryn Kimball Mizelle on 3/24/2026. (GTD)
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Filing 30
ENDORSED ORDER: The plaintiff filed returns of service executed on February 26, 2026, for Christopher Fiori and Alain Lopez. (Docs. #28, #29). Assuming service was proper, their deadline to respond to the complaint was March 19, 2026. They have not appeared or responded. Under Local Rule 1.10(b), the plaintiff should move for clerk's default against defendants Fiori and Lopez no later than April 16, 2026. If the plaintiff does not, these defendants will be dismissed because of the plaintiff's failure to prosecute. See Local Rule 1.10(d). Signed by Judge Kathryn Kimball Mizelle on 3/23/2026. (GTD)
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| Filing 34 MOTION for Clerk's Entry of Default against Christopher Fiori, Alain Lopez by Diwann Mathis. (EGP) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 33 NOTICE of Newly Discovered Facts and Changed Circumstances by Diwann Mathis re #25 Amended Complaint (EGP) |
| Filing 32 MOTION to Dismiss Fourth Amendment Complaint and Incorporated Memorandum of Law by Alain Lopez. (EGP) |
| Filing 31 ***STRICKEN PURSUANT TO 35 ENDORSED ORDER*** MOTION to Dismiss Plaintiff's Fourth Amendment Complaint re #25 FOURTH AMENDED COMPLAINT by Christopher Fiori. (No address provided) (EGP) Modified text on 3/24/2026 (MCB). Modified on 3/26/2026 (LSS). |
| Filing 29 RETURN of service executed on 2/26/2026 by Diwann Mathis as to Alain Lopez. (EGP) |
| Filing 28 RETURN of service executed on 2/26/2026 by Diwann Mathis as to Christopher Fiori. (EGP) |
| Filing 27 SUMMONS issued as to Alain Lopez. (EGP) |
| Filing 26 SUMMONS issued as to Christopher Fiori. (EGP) |
| Filing 25 FOURTH AMENDED COMPLAINT against John Doe, Christopher Fiori, Alain Lopez with Jury Demand. Terminating Law Office of Christopher Fiori, PLLC (a Florida professional Limited-Liablity Company) filed by Diwann Mathis. Related document: #17 Amended Complaint filed by Diwann Mathis.(MSN) |
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Filing 24
ENDORSED ORDER: The Court GRANTS the plaintiff's motion for leave to file a fourth amended complaint (Doc. #22). The Clerk is DIRECTED to terminate The Law Office of Christophe Fiori PLLC from this action and to separately docket (Doc. 22-1) as the Fourth Amended Complaint. No later than March 13, 2026, the plaintiff must file proof of service of the two defendants added in the fourth amended complaint. Failure to do so will result in dismissal of any defendants who remain unserved. The plaintiff is also cautioned that the Court will not grant additional leave to amend absent extraordinary circumstances. Signed by Judge Kathryn Kimball Mizelle on 2/20/2026. (GTD)
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| Filing 23 CERTIFICATE of service by Diwann Mathis re #22 MOTION to Amend #17 Amended Complaint. (EGP) |
| Filing 22 MOTION for Leave to File Fourth Amended Complaint re #17 Amended Complaint by Diwann Mathis. (Attachments: #1 Proposed Fourth Amended Complaint, #2 Text of Proposed Order Granting)(EGP) (Additional attachment(s) added on 2/19/2026: #3 Supplement Certificate of Good Faith Conference) (EGP). |
| Filing 21 RETURN of service executed on 2/6/2026 by Diwann Mathis as to Law Office of Christopher Fiori, PLLC. (EGP) |
| Filing 20 RETURN of service executed on 2/6/2026 by Diwann Mathis as to Christopher Fiori. (EGP) |
| Filing 19 SUMMONS issued as to Law Office of Christopher Fiori, PLLC. (EGP) Modified text on 2/10/2026 (EGP). |
| Filing 18 SUMMONS issued as to Christopher Fiori. (EGP) |
| Filing 17 THIRD AMENDED COMPLAINT against Christopher Fiori, Law Office of Christopher Fiori, PLLC with Jury Demand. filed by Diwann Mathis. Related document: #12 Amended Complaint, filed by Diwann Mathis.(EGP) |
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Filing 16
ORDER dismissing the Second Amended Complaint #12 as an improper shotgun pleading; denying as moot #2 Motion to Proceed In Forma Pauperis; denying as moot #3 Motion to Proceed In Forma Pauperis; denying as moot #4 Motion for Service by U.S. Marshal; denying without prejudice #8 Motion to Stay. Mathis is granted leave to amend his complaint no later than February 18, 2026. Should he fail to timely file a third amended complaint, or file another shotgun pleading, this action will be dismissed without prejudice without further notice. Further, Mathis must file proof of service of the defendants no later than February 25, 2026. Failure to do so will result in dismissal of any defendants who remain unserved. Signed by Judge Kathryn Kimball Mizelle on 2/4/2026. (GTD)
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| Filing 15 NOTICE of Filing Second Amended Complaint by Diwann Mathis re #12 Amended Complaint, (EGP) |
| Filing 14 SUMMONS issued as to Law Office of Christopher Fiori, PLLC. (EGP) |
| Filing 13 SUMMONS issued as to Christopher Fiori. (EGP) |
| Filing 12 AMENDED COMPLAINT against Christopher Fiori, The Law Office of Christopher Fiori, PLLC, and John Doe with Jury Demand. Terminating Marketa Mathis (individually and as next friends to their minor children D.M. and D.M.), AML Services Corp. (a Florida Corporation) and Alain Lopez (Individually and as principal of AML Services Corp.) and John and Jane Does 1-3 filed by Diwann Mathis.(EGP) Modified text on 2/4/2026 (MCB). |
| FEES Paid by Diwann Mathis (Filing fee $405, Receipt Number TPA73697). (EGP) |
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Filing 11
ENDORSED ORDER: Upon review, the Court finds the complaint (Doc. #7) constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). The complaint "is guilty of the venial sin of being replete with conclusory, vague, and immaterial facts not obviously connected to any particular cause of action." Id. at 1321-22. The Counts suffer from conclusory and vague allegations. Indeed, Counts V-XIV each consist of one or two conclusory sentences. Overall, the defendants are not given sufficient notice as to the nature of the claims and the facts upon which they are based. See Jackson v. Bank of America, N.A., 898 F.3d 1348,1358 (11th Cir. 2018) ("The pleading is vague and ambiguous such that [the defendants have] to guess as to... the facts upon which [the plaintiff relies] in support.") (quotation omitted). The Court also notes that in the amended complaint (Doc. #7) the plaintiffs seek to assert claims against some defendants who are likely entitled to quasi-judicial immunity. See Jenkins v. Clerk of Court, 150 F. App'x 988, 990 (11th Cir. 2005) (per curiam) ("Nonjudicial officials have absolute immunity for their duties that are integrally related to the judicial process."). The amended complaint also raises a Section 1983 claim against other defendants who are private entities or individuals. "Only in rare circumstances can a private party be viewed as a 'state actor' for section 1983 purposes. The Eleventh Circuit recognizes three tests for establishing state action by what is otherwise a private person or entity: the public function test, the state compulsion test, and the nexus/joint action test." Harvey v. Harvey, 949 F.2d 1127, 1130 (11th Cir. 1992). Count II, which asserts a Section 1985(3) claim has other clear pleading deficiencies. See Childree v. UAP/GA CHEM, Inc., 92 F.3d 1140, 1147 (11th Cir. 1996) (listing the requirements for a Section 1985(3) claim). If they choose to file an amended complaint and assert such claims, the plaintiffs should address these issues in addition to the shotgun pleading issues. Accordingly, the complaint is DISMISSED, and the plaintiffs are granted leave to amend their complaint no later than February 6, 2026. The plaintiffs' motion for extension of time to amend the amended complaint (Doc. #10) is DENIED as moot. Signed by Judge Kathryn Kimball Mizelle on 1/23/2026. (GTD)
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| Filing 10 MOTION for Extension of Time to Amend re #7 Amended Complaint by Diwann Mathis. (AA) |
| Filing 9 NOTICE of a related action per Local Rule 1.07(c) by Diwann Mathis, Marketa Mathis. Related case(s): Yes (AA) |
| Filing 8 MOTION to Stay or Abate Federal Proceeding Pending Resolution of Related State-Court Appeal by Diwann Mathis, Marketa Mathis. (Attachments: #1 Memorandum of Law)(AA) |
| Filing 7 FIRST AMENDED COMPLAINT against AML Services Corp., Christopher Fiore, Law Office of Christopher Fiori, PLLC, Alain Lopez, John and Jane Does 1-3 with Jury Demand. Terminating Jane 1-10 Does (of presently unknown identity and affiliation) and John 1-10 Does (of presently unknown identity and affiliation) filed by Marketa Mathis, Diwann Mathis, Alain Lopez, John and Jane Does 1-3. Related document: #1 Complaint, filed by Marketa Mathis, Diwann Mathis. (Attachments: #1 Exhibit Appendix, #2 Certificate of Service)(AA) |
| Filing 6 NOTICE of Filing First Amended Complaint by Diwann Mathis, Marketa Mathis (AA) |
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Filing 5
ENDORSED ORDER: Upon review, the Court finds the complaint (Doc. #1) constitutes an impermissible shotgun pleading. See Weiland v. Palm Beach Cnty. Sheriff's Off., 792 F.3d 1313, 1324 (11th Cir. 2015). Specifically, each count improperly realleges all preceding paragraphs, leading to a situation where counts II through VI contain irrelevant factual allegations and legal conclusions. See id. at 1321 ("The most common type [of shotgun pleading]--by a long shot--is a complaint containing multiple counts where each count adopts the allegations of all preceding counts, causing each successive count to carry all that came before and the last count to be a combination of the entire complaint."). Accordingly, the complaint is DISMISSED, and the plaintiffs are granted leave to amend their complaint no later than November 17, 2025. If the plaintiffs fail to amend the complaint or submit another shotgun pleading, this action may be dismissed without further notice. The Court notes that the plaintiffs seek to represent their minor children despite their pro se status. This is not allowed. Devine v. Indian River Cnty. Sch. Bd., 121 F.3d 576, 582 (11th Cir. 1997) ("parents who are not attorneys may not bring a pro se action on their child's behalf") overruled in part on other grounds by Winkelman ex rel. Winkelman v. Parma City Sch. Dist., 550 U.S. 516, 535 (2007). Should the plaintiffs file an amended complaint pro se, they may not do so on behalf of their minor children. Signed by Judge Kathryn Kimball Mizelle on 10/31/2025. (GTD)
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| Filing 4 MOTION for Miscellaneous Relief, specifically Service by U.S. Marshal by Diwann Mathis, Marketa Mathis. (Attachments: #1 Text of Proposed Order)(AA) |
| Filing 3 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Marketa Mathis. (AA) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Diwann Mathis. (AA) Motions referred to Magistrate Judge Christopher P. Tuite. |
| Filing 1 COMPLAINT for Damages, Declaratory and Injunctive Relief against AML Services Corp., Jane 1-10 Does, John 1-10 Does, Christopher Fiore, Law Office of Christopher Fiori, PLLC with Jury Demand filed by Diwann Mathis, Marketa Mathis. (Attachments: #1 Exhibit A - F, #2 Exhibit, #3 Civil Cover Sheet)(AA) |
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