Fleischman v. Polk County Clerk of Court
Plaintiff: Daniel Benjamin Fleischman
Defendant: Polk County Clerk of Court and Stacy M. Butterfield
Case Number: 8:2025cv03229
Filed: November 21, 2025
Court: U.S. District Court for the Middle District of Florida
Presiding Judge: John L Badalamenti
Referring Judge: Christopher P Tuite
Nature of Suit: Civil Rights: Other
Cause of Action: 42 U.S.C. § 1983 Civil Rights Act
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on May 13, 2026. A more recent docket listing may be available from PACER.

Date Filed Document Text
May 13, 2026 Filing 87 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). (JVC)
May 13, 2026 Opinion or Order Filing 86 ORDER. Plaintiff's Amended Complaint (Doc. #12) is DISMISSED without prejudice for lack of subject matter jurisdiction. Defendant's Motion to Dismiss Complaint (Doc. #39) is DENIED as moot. The Clerk of Court is DIRECTED to terminate any pending deadlines, deny any pending motions as moot, and close the file. See Order for details. Signed by Judge John L. Badalamenti on 5/13/2026. (CAR)
May 12, 2026 Filing 89 DECLARATION by Daniel Benjamin Fleischman. (AM)
May 12, 2026 Filing 88 NOTICE of Supplemental Evidence in Support of Pending Motions by Daniel Benjamin Fleischman (AM).
May 8, 2026 Filing 85 NOTICE of Post-Filing Intimidation, Vehicle/Location Surveillance References, David/Flock Preservation Trigger, Safety-Threat Record, and Reservation of Rule 159d0 Rights by Daniel Benjamin Fleischman (AM).
May 7, 2026 Filing 84 NOTICE of Filing Master Appendix to Rule 15(d) by Daniel Benjamin Fleischman (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2)(AM)
May 7, 2026 Filing 83 MOTION for Leave to File Supplemental Pleading by Daniel Benjamin Fleischman. (Attachments: #1 Text of Proposed Order)(AM)
May 7, 2026 Opinion or Order Filing 82 ENDORSED ORDER denying without prejudice #78 Plaintiff's Emergency Motion for Temporary Restraining Order [TRO], Motion to Preserve Evidence, and construed motion for expedited consideration. Plaintiff's motions are infirm insofar as they do not appear to meet the District's high bar for time-sensitive requests. See M.D. Fla. 3.01(e). Plaintiff's TRO motion is also lacking because it does not comply with Federal Rule of Civil Procedure 65 and Local Rule 6.01. If Plaintiff elects to refile his motions, he shall ensure that any such renewed motions abide by the pertinent Federal Rules of Civil Procedure and the relevant Local Rules and are not improperly designated as requiring urgent relief. Nothing in this Order shall be construed as intimating how the Court might rule on the substantive aspects of any such renewed motions. Signed by Magistrate Judge Christopher P. Tuite on 5/7/2026. (TC)
May 6, 2026 Filing 81 EMERGENCY NOTICE OF SUPPLEMENT re #78 MOTION for Temporary Restraining Order MOTION for More Definite Statement MOTION to Expedite by Daniel Benjamin Fleischman. (AA) Modified on 5/6/2026 (AA). (Chambers notified.)
May 4, 2026 Filing 80 NOTICE of Supplemental Evidence by Daniel Benjamin Fleischman (AM)
May 4, 2026 Filing 78 EMERGENCY MOTION for Temporary Restraining Order, MOTION to Preserve Evidence, and Request for Expedited Consideration by Daniel Benjamin Fleischman. (EGP) Motions referred to Magistrate Judge Christopher P. Tuite.
May 1, 2026 Filing 79 REPLY to Response to Motion #70 re #73 MOTION for Leave to File Reply filed by Daniel Benjamin Fleischman. (Attachments: #1 Exhibit Part 1, #2 Exhibit Part 2)(AM)
May 1, 2026 Filing 77 OBJECTIONS and RESPONSE in Opposition re: #71 Notice of Supplemental Evidence, #72 MOTION for Order Preserving Electronically Stored Information, #74 Notice of Supplemental Authority filed by Polk County Clerk of Court. (Trohn, Jonathan) Modified text on 5/4/2026 (BD).
April 23, 2026 Filing 76 NOTICE by Stacy M. Butterfield, Polk County Clerk of Court of Withdrawal of an Argument made in Defendant's Motion to Dismiss (Doc. 39) (Trohn, Jonathan) Modified on 4/24/2026 to edit docket text (MSN).
April 22, 2026 Opinion or Order Filing 75 TEXT ORDER. Plaintiff's Motion for Leave to File Reply (Doc. #73) is GRANTED. No later than May 1, 2026, Plaintiff may file a Reply not to exceed 7 pages, inclusive of all parts. Signed by Judge John L. Badalamenti on 4/22/2026. (YSR)
April 20, 2026 Filing 74 NOTICE of supplemental authority by Daniel Benjamin Fleischman. (AM)
April 20, 2026 Filing 73 MOTION for Leave to File Reply to Defendant's Combined Opposition #70 by Daniel Benjamin Fleischman. (AM)
April 17, 2026 Filing 72 MOTION for Miscellaneous Relief, specifically for Order Preserving Electronically Stored Information by Daniel Benjamin Fleischman. (AM) Motions referred to Magistrate Judge Christopher P. Tuite.
April 17, 2026 Filing 71 NOTICE Supplemental Evidence of Ongoing Clerk Obstruction by Daniel Benjamin Fleischman (AM)
April 17, 2026 Filing 70 RESPONSE in Opposition re #62 MOTION for Miscellaneous Relief, specifically for Judicial Notice of Exhibits, #47 MOTION for Miscellaneous Relief, specifically, #52 MOTION for Miscellaneous Relief, specifically filed by Polk County Clerk of Court. (Attachments: #1 Exhibit Composite A, #2 Exhibit B, #3 Exhibit C)(Trohn, Jonathan)
April 14, 2026 Opinion or Order Filing 68 ENDORSED ORDER re: #52 Plaintiff's Renewed Motion for Judicial Notice of Supplemental Authority. Despite indicating its opposition, see (#56), Defendant has not responded to Plaintiff's motion, which allows the Court to deem the motion to be unopposed. See M.D. Fla. R. 3.01(c). Out of an abundance of caution, however, the Court will afford Defendant a brief extension of time to address Plaintiff's motion. Accordingly, no later than April 21, 2026, Defendant shall file either a response to Plaintiff's motion or a notice stating that it does not contest it. Defendant is cautioned that a failure to comply with this directive may result in Plaintiff's motion being granted without further notice. Signed by Magistrate Judge Christopher P. Tuite on 4/14/2026. (TC)
April 13, 2026 Opinion or Order Filing 66 ENDORSED ORDER re: #47 Plaintiff's Motion for Leave to Lodge Video Exhibits. Despite indicating its opposition, see (#55), Defendant has not responded to Plaintiff's motion, which allows the Court to deem the motion to be unopposed. See M.D. Fla. R. 3.01(c). Out of an abundance of caution, however, the Court will afford Defendant a brief extension of time to address Plaintiff's motion. Accordingly, no later than April 20, 2026, Defendant shall file either a response to Plaintiff's motion or a notice stating that it does not contest it. Defendant is cautioned that a failure to comply with this directive may result in Plaintiff's motion being granted without further notice. Signed by Magistrate Judge Christopher P. Tuite on 4/13/2026. (TC)
April 10, 2026 Filing 69 SUPPLEMENT Certificate of Conferral re #62 MOTION for Miscellaneous Relief, specifically for Judicial Notice of Exhibits by Daniel Benjamin Fleischman. (LSS)
April 10, 2026 Opinion or Order Filing 64 TEXT ORDER. Plaintiff's Rule 72(a) Objection to April 3, 2026 Order Denying Renewed Judicial-Notice Filing (Doc. #63) is OVERRULED. The Magistrate Judge's Order was not clearly erroneous or contrary to law under Federal Rule of Civil Procedure 72 because Plaintiff's Local Rule 3.01(g) Supplement (Doc. #56) referenced only Plaintiff's Motion at Doc. #52, not his substantially identical motion at Doc. #53. Signed by Judge John L. Badalamenti on 4/10/2026. (CAR)
April 8, 2026 Filing 63 OBJECTION re 57 Order on Motion for Miscellaneous Relief. (Attachments: #1 Exhibit)(LNR)
April 8, 2026 Filing 62 RENEWED MOTION for Miscellaneous Relief, specifically for Judicial Notice of Exhibits by Daniel Benjamin Fleischman. (LNR) Motions referred to Magistrate Judge Christopher P. Tuite.
April 8, 2026 Filing 61 NOTICE of supplemental authority re #39 MOTION to Dismiss Amended Complaint, #50 Response in Opposition to Motion by Daniel Benjamin Fleischman. (LNR)
April 6, 2026 Opinion or Order Filing 58 ENDORSED ORDER granting #45 Plaintiff's [Unopposed] Motion for Seven-Day Extension of Time in which to Respond to Defendant's Motion to Dismiss. Accordingly, no later than April 6, 2026, Plaintiff shall respond to Defendant's motion (#39). Signed by Magistrate Judge Christopher P. Tuite on 4/6/2026. (TC)
April 3, 2026 Opinion or Order Filing 57 ENDORSED ORDER denying without prejudice #53 Plaintiff's Renewed Motion for Judicial Notice of Supplemental Authority. The motion does not comply with Local Rule 3.01(g). Signed by Magistrate Judge Christopher P. Tuite on 4/3/2026. (TC)
April 2, 2026 Filing 56 Supplemental Certificate of Conferral by Daniel Benjamin Fleischman re #52 MOTION for Miscellaneous Relief, specifically (AM)
April 1, 2026 Filing 55 Supplemental Conferral Certificate by Daniel Benjamin Fleischman re #47 MOTION for Miscellaneous Relief, specifically (Attachments: #1 Cover letter, #2 Mailing Envelope)(AM)
April 1, 2026 Filing 54 Supplemental Conferral Certificate by Daniel Benjamin Fleischman re #45 MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss Amended Complaint (Attachments: #1 Cover letter, #2 Mailing Envelope)(AM)
April 1, 2026 Filing 53 MOTION for Miscellaneous Relief, specifically Renewed Motion for Judicial Notice of Supplemental Authority by Daniel Benjamin Fleischman. (Attachments: #1 Mailing Envelope)(AM) Motions referred to Magistrate Judge Christopher P. Tuite.
April 1, 2026 Filing 52 MOTION for Miscellaneous Relief, specifically Renewed Motion for Judicial Notice of Supplemental Authority by Daniel Benjamin Fleischman. (Attachments: #1 Exhibits Part 1, #2 Exhibits Part 2)(AM) Motions referred to Magistrate Judge Christopher P. Tuite.
March 31, 2026 Filing 51 DECLARATION of Daniel Benjamin Fleischman in Support re #50 Response in Opposition to Motion by Daniel Benjamin Fleischman. (AM)
March 31, 2026 Filing 50 RESPONSE in Opposition re #39 MOTION to Dismiss Amended Complaint filed by Daniel Benjamin Fleischman. (Some exhibits are attached to the Response with page numbers) (Attachments: #1 Additional Exhibits)(AM)
March 30, 2026 Opinion or Order Filing 49 ENDORSED ORDER re: #47 Plaintiff's Motion for Leave to Lodge Video Exhibits. In his motion, Plaintiff states that Defendant did not respond to Plaintiff's attempt(s) to confer on the matter in accordance with Local Rule 3.01(g)(1). Plaintiff, however, has not since supplemented his motion as required by Local Rule 3.01(g)(3). Plaintiff shall remedy this defect no later than April 3, 2026. Plaintiff is cautioned that a failure to abide by this directive may result in the denial of his motion. Signed by Magistrate Judge Christopher P. Tuite on 3/30/2026. (TC)
March 30, 2026 Opinion or Order Filing 48 ENDORSED ORDER re: #45 Plaintiff's Motion for Seven-Day Extension of Time to Respond to Defendant's Motion to Dismiss. In his motion, Plaintiff states that Defendant did not respond to Plaintiff's attempt(s) to confer on the matter in accordance with Local Rule 3.01(g)(1). Plaintiff, however, has not since supplemented his motion as required by Local Rule 3.01(g)(3). Plaintiff shall remedy this defect no later than April 3, 2026. Plaintiff is cautioned that a failure to abide by this directive may result in the denial of his motion. Signed by Magistrate Judge Christopher P. Tuite on 3/30/2026. (TC)
March 26, 2026 Filing 47 MOTION for Miscellaneous Relief, specifically for Leave to Lodge Video Exhibits (Text of proposed Order included at the end of the Motion's certificate of service) by Daniel Benjamin Fleischman. (AM) Motions referred to Magistrate Judge Christopher P. Tuite.
March 26, 2026 Filing 46 NOTICE of a related action per Local Rule 1.07(c) by Daniel Benjamin Fleischman. Related case(s): Yes (AM)
March 25, 2026 Filing 45 MOTION for Extension of Time to File Response/Reply as to #39 MOTION to Dismiss Amended Complaint by Daniel Benjamin Fleischman. (AM) Motions referred to Magistrate Judge Christopher P. Tuite. (Main Document 45 replaced on 3/27/2026) (Scanned and uploaded as received - some pages are cut off) (AM). (Additional attachment(s) added on 3/27/2026: #1 Text of Proposed Order) (AM). Modified text on 3/27/2026 (AM).
March 12, 2026 Filing 44 NOTICE of Filing Supplemental Declaration of Latoya Ortiz by Daniel Benjamin Fleischman (AM)
March 12, 2026 Opinion or Order Filing 43 ENDORSED ORDER denying without prejudice Plaintiff's #40 construed motion for judicial notice. The motion does not comply with Local Rule 3.01(g). Signed by Magistrate Judge Christopher P. Tuite on 3/12/2026(TC)
March 12, 2026 Opinion or Order Filing 42 ENDORSED ORDER denying without prejudice Plaintiff's #41 construed motion for judicial notice. The motion does not comply with Local Rule 3.01(g). Signed by Magistrate Judge Christopher P. Tuite on 3/12/2026. (TC)
March 10, 2026 Filing 41 MOTION for Miscellaneous Relief, specifically for Judicial Notice (Titled: "Supplemental Request for Judicial Notice") by Daniel Benjamin Fleischman. (Attachments: #1 Exhibit)(AM) Motions referred to Magistrate Judge Christopher P. Tuite.
March 10, 2026 Filing 39 MOTION to Dismiss Amended Complaint by Polk County Clerk of Court. (Trohn, Jonathan)
March 6, 2026 Filing 40 MOTION for Miscellaneous Relief, specifically for Judicial Notice (Titled: "Request for Judicial Notice of Systematic Pattern and Practice of Appellate Record Transmission Failures") by Daniel Benjamin Fleischman (Attachments: #1 Exhibit)(AM) Modified text on 3/11/2026 (AM).
March 6, 2026 Filing 38 RETURN of service executed on 2/17/2026 by Daniel Benjamin Fleischman as to Polk County Clerk of Court. (TDC)
February 25, 2026 Filing 37 NOTICE of Lead Counsel Designation by Jonathan Barnet Trohn on behalf of Polk County Clerk of Court. Lead Counsel: Jonathan B. Trohn. (Trohn, Jonathan) Modified text on 2/25/2026 (LAW).
February 10, 2026 Opinion or Order Filing 36 ENDORSED ORDER denying Plaintiff's #25 Emergency Motion for (1) Interim Disability Accommodations, (2) Expedited Ruling on Plaintiff's Motion for ADA Accommodations, and (3) Extension of Time for Service, with request for written findings. The Court has already addressed the substance of the requests made in this motion via previous Orders. See (30), (31), (33). Plaintiff is reminded that an emergency motion must satisfy certain criteria, and that "[t]he unwarranted designation of a motion as an emergency can result in a sanction." M.D. Fla. R. 3.01(e). Signed by Magistrate Judge Christopher P. Tuite on 2/10/2026. (TC)
February 10, 2026 Opinion or Order Filing 35 ENDORSED ORDER denying as moot #27 Renewed Motion for Issuance of Summons given that the requested relief has already been granted, see (#29). Signed by Magistrate Judge Christopher P. Tuite on 2/10/2026. (TC)
February 10, 2026 Opinion or Order Filing 34 ENDORSED ORDER denying as moot Plaintiff's #20 construed Motion for Issuance of Summons given that the requested relief has already been granted, see (#29). Signed by Magistrate Judge Christopher P. Tuite on 2/10/2026. (TC)
February 10, 2026 Opinion or Order Filing 33 ENDORSED ORDER granting in part and denying in part Plaintiff's #28 Motion to Extend Time for Service. Plaintiff's motion is granted to the extent that, no later than March 12, 2026, Plaintiff shall serve the Defendants in conformity with the governing law. Plaintiff's motion is denied in all other respects. Signed by Magistrate Judge Christopher P. Tuite on 2/10/2026. (TC)
February 6, 2026 Opinion or Order Filing 31 ENDORSED ORDER re: Plaintiff's #21 Motion to Expedite Ruling on Plaintiff's Motion for ADA Accommodations. In light of the Court's Order disposing of Plaintiff's Motion for ADA Accommodations (#17), Plaintiff's motion to expedite is denied as moot. Signed by Magistrate Judge Christopher P. Tuite on 2/6/2026. (TC)
February 6, 2026 Opinion or Order Filing 30 ENDORSED ORDER denying Plaintiff's #17 Motion for Americans with Disabilities Act [ADA] Accommodations, Appointment of Counsel, Remote Access, and Modification of Local Rules. With respect to Plaintiff's ADA request, which includes his requests for remote access and modification(s) of the Local Rules, there is case authority that "[t]he ADA does not apply to federal courts." Sauls v. Pierce Cnty., 2025 WL 3687528, at *1 (W.D. Wash. Dec. 19, 2025); see also Roman v. Jefferson at Hollywood LP, 495 F. App'x 804, 806 (9th Cir. 2012) ("While the [ADA] requires state courts to make disability accommodations, the ADA does not apply to federal courts."); 42 U.S.C. 12131(1)(A) (omitting federal courts from the definition of a "public entity"). Plaintiff does not reference this decisional law in his motion, much less show that it is incorrect. As for Plaintiff's request for the appointment of counsel, such relief "in civil cases is... a privilege justified only by exceptional circumstances," like the presence of "facts and legal issues which are so novel or complex as to require the assistance of a trained practitioner." Kilgo v. Ricks, 983 F.2d 189, 193 (11th Cir. 1993) (internal quotation marks and citations omitted). Here, the facts and claims appear to be straightforward, and Plaintiff does not otherwise establish that exceptional circumstances exist warranting the appointment of counsel. See Daniel Fleischman v. Randall Seth Richey, et al., 2026 WL 208710, at *1 (M.D. Fla. Jan. 27, 2026) (citing Brown v. John Deere Prods., Inc., 460 F. App'x 908, 909 (11th Cir. 2012); Wood v. Briarwinds Condo. Ass'n Bd. of Dirs., 369 F. App'x 1, 5 (11th Cir. 2010)); see also Gandy v. Reid, 505 F. App'x 908, 911 (11th Cir. 2013) (affirming a district court's denial of a request for the appointment of counsel in a case involving similar claims because the circumstances were not exceptional). Signed by Magistrate Judge Christopher P. Tuite on 2/6/2026. (TC)
February 6, 2026 Filing 29 SUMMONS issued as to Polk County Clerk of Court. (AM) Copy NOT mailed to the pro-se party. Customer received the original copy of the summons issued at Doc #32. Modified text on 2/9/2026 (AM).
February 5, 2026 Filing 32 SUMMONS issued as to Polk County Clerk of Court. (Customer came to Intake to get the summons issued and left with the original copy -as per AW.) (AM)
January 28, 2026 Filing 28 MOTION for Extension of Time for Service (FED.R. CIV.P.4(m)) by Daniel Benjamin Fleischman. (Attachments: #1 Cover Letter, #2 Text of Proposed Order)(EGP) Motions referred to Magistrate Judge Christopher P. Tuite.
January 28, 2026 Filing 27 Renewed MOTION for Issuance of Summons by Daniel Benjamin Fleischman. (Attachments: #1 Text of Proposed Order, #2 Proposed Summons, #3 Cover Letter)(EGP) Motions referred to Magistrate Judge Christopher P. Tuite.
January 28, 2026 Filing 26 NOTICE of Operative Pleading by Daniel Benjamin Fleischman re #1 Complaint (Attachments: #1 Exhibit Order (Proposed)-Notice of Operative Pleading, #2 Civil Cover Sheet)(EGP)
January 28, 2026 Filing 25 EMERGENCY MOTION for Interim Disability Accommodations, Expedited Ruling on Plaintiff's Motion for ADA Accommodations (Doc 17) re #17 MOTION for Miscellaneous Relief, specifically for ADA Accommodations, And Extension of Time for Service Under Fed.R. Civ. P. 4(m), With Request for Written Findings by Daniel Benjamin Fleischman. (Attachments: #1 Civil Cover Sheet)(EGP) Motions referred to Magistrate Judge Christopher P. Tuite.
January 26, 2026 Opinion or Order Filing 24 ENDORSED ORDER denying as moot #13 Plaintiff's construed motion to proceed in forma pauperis (IFP Motion). Plaintiff has since paid the filing fee. Signed by Magistrate Judge Christopher P. Tuite on 1/26/2026. (TC)
January 26, 2026 Opinion or Order Filing 23 TEXT ORDER. Plaintiff's Second Amended Complaint (Doc. #19) is STRICKEN. Federal Rule of Civil Procedure 15(a) provides that "[a] party may amend its pleading once as a matter of course... 21 days after SERVING it, or... 21 days after service of a responsive pleading or... motion under Rule 12(b), (e), or (f)." (emphasis added). In all other circumstances, "a party may amend its pleading only with the opposing party's written consent or the court's leave." Fed. R. Civ. P. 15(a)(2). Because Plaintiff has not yet SERVED his Amended Complaint (Doc. #12) on Defendants and no responsive pleadings have been filed in this case, Plaintiff may file an amended complaint only with leave of court or with the consent of the opposing party. See Macleod v. Scott, No. 3:14-CV-793-J-39MCR, 2014 WL 7005910, at *4 (M.D. Fla. Dec. 10, 2014) (explaining that Rule 15(a) allows amendment within 21 days after a pleading is SERVED). Accordingly, the Clerk of Court is DIRECTED to STRIKE Plaintiff's Second Amended Complaint (Doc. #19). Signed by Judge John L. Badalamenti on 1/26/2026. (CAR)
January 22, 2026 Filing 22 NOTICE of a related action per Local Rule 1.07(c) by Daniel Benjamin Fleischman. Related case(s): Yes (Attachments: #1 Mailing Envelope)(AM)
January 22, 2026 Filing 21 MOTION to Expedite Ruling by Daniel Benjamin Fleischman. (Attachments: #1 Mailing Envelope)(AM) Motions referred to Magistrate Judge Christopher P. Tuite.
January 22, 2026 Filing 20 MOTION for Issuance of Summons and Notice of Tender of Filing Fee by Daniel Benjamin Fleischman. (Attachments: #1 Cover letters, #2 Mailing Envelope) (Proposed summonses not attached. Self-addressed stamped envelope not attached)(AM) Motions referred to Magistrate Judge Christopher P. Tuite.
January 22, 2026 Filing 19 **STRICKEN PER ORDER 23** Second AMENDED COMPLAINT against Polk County Clerk of Court, Stacy M. Butterfield with Jury Demand. filed by Daniel Benjamin Fleischman. Related document: #12 Amended Complaint, filed by Daniel Benjamin Fleischman. (Attachments: #1 Mailing Envelope)(AM) (Main Document 19 replaced on 1/23/2026) (AM). Modified docket text on 1/28/2026 (JG).
January 22, 2026 FEES Paid by Daniel Benjamin Fleischman (Filing fee $405.00, Receipt Number TPA-73653). (LSS)
December 9, 2025 Filing 18 NOTICE of Imminent State-Court Contempt Hearing and Threatened Writ of Bodily Attachment by Daniel Benjamin Fleischman (KME) (Additional attachment(s) added on 12/11/2025: #1 Mailing Envelope) (KME).
December 9, 2025 Filing 17 MOTION for Miscellaneous Relief, specifically for ADA Accommodations by Daniel Benjamin Fleischman. (Attachments: #1 Mailing Envelope)(KME) Motions referred to Magistrate Judge Christopher P. Tuite. Added MOTION to Appoint Counsel, MOTION for Miscellaneous Relief, specifically Remote Access on 12/11/2025 (KME). Added MOTION for Miscellaneous Relief, specifically Modification of Local Rules on 12/11/2025 (KME).
December 1, 2025 Opinion or Order Filing 16 ENDORSED ORDER denying without prejudice Plaintiff's #10 Emergency Motion for Preliminary Injunction and Preservation Order. At a minimum, the motion does not satisfy the strictures of Local Rules 6.02(a)(2) and 6.02(b). See Crane v. United States, 2024 WL 670426, at *1 (M.D. Fla. Jan. 4, 2024) (cautioning that a party "seeking a preliminary injunction must fully comply with... the procedural requirements" imposed by the Local Rules). Signed by Magistrate Judge Christopher P. Tuite on 12/1/2025. (TC)
December 1, 2025 Opinion or Order Filing 15 ENDORSED ORDER denying as moot Plaintiff's #2 Application to Proceed in District Court Without Prepaying Fees or Costs (IFP Motion) in light of Plaintiff's subsequent filing of a second IFP Motion (#13). Signed by Magistrate Judge Christopher P. Tuite on 12/1/2025. (TC)
November 28, 2025 Filing 14 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Daniel Benjamin Fleischman. (KME) (Additional attachment(s) added on 11/28/2025: #1 Mailing Envelope) (KME).
November 28, 2025 Filing 13 MOTION to Proceed In Forma Pauperis by Daniel Benjamin Fleischman. (Attachments: #1 Mailing Envelope)(KME) Motions referred to Magistrate Judge Christopher P. Tuite.
November 28, 2025 Filing 12 AMENDED COMPLAINT against Polk County Clerk of Court with Jury Demand. filed by Daniel Benjamin Fleischman. (Attachments: #1 Exhibit Index, #2 Exhibit A, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Civil Cover Sheet, #7 Proposed Summons, #8 Mailing Envelope)(KME)
November 28, 2025 Filing 11 MEMORANDUM in support re #10 Emergency Motion for Preliminary Injunction Motion for Miscellaneous Relief, filed by Daniel Benjamin Fleischman. (Attachments: #1 Mailing Envelope)(KME)
November 28, 2025 Filing 10 EMERGENCY MOTION for Preliminary Injunction, MOTION for Miscellaneous Relief, specifically Preservation Order by Daniel Benjamin Fleischman. (Chambers Notified) (Attachments: #1 Proposed Order, #2 Mailing Envelope)(KME) Motions referred to Magistrate Judge Christopher P. Tuite. Modified text on 11/28/2025 (KME).
November 28, 2025 Filing 9 NOTICE of Correction by Daniel Benjamin Fleischman (Attachments: #1 Mailing Envelope)(KME)
November 25, 2025 Opinion or Order Filing 8 CIVIL Action Order. Signed by Judge John L. Badalamenti on 11/25/2025. (BGS) (Main Document 8 replaced to correct scrivener's error on 11/25/2025) (BGS).
November 25, 2025 Filing 7 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). (BGS)
November 25, 2025 Filing 6 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). (BGS)
November 24, 2025 Opinion or Order Filing 5 TEXT ORDER. Plaintiff filed a Motion for Preliminary Injunction and Preservation Order (Doc. #4). Plaintiff's motion is DENIED for failure to attach a proposed order to the motion. See Local Rule 6.02(a)(1) ("A motion for a preliminary injunction... must comply with Local Rule 6.01(a) and (b)...."). Signed by Judge John L. Badalamenti on 11/24/2025. (CAR)
November 21, 2025 Filing 4 EMERGENCY MOTION for Preliminary Injunction, MOTION for Miscellaneous Relief, specifically Preservation Order by Daniel Benjamin Fleischman. (Chambers notified) (Attachments: #1 Memorandum in Support, #2 Mailing Envelope)(MCB) Motions referred to Magistrate Judge Christopher P. Tuite.
November 21, 2025 Filing 3 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Daniel Benjamin Fleischman. (Attachments: #1 Mailing Envelope)(MCB)
November 21, 2025 Filing 2 MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Daniel Benjamin Fleischman. (Attachments: #1 Mailing Envelope)(MCB) Motions referred to Magistrate Judge Christopher P. Tuite.
November 21, 2025 Filing 1 COMPLAINT against Polk County Clerk of Court with Jury Demand filed by Daniel Benjamin Fleischman. (Attachments: #1 Exhibit A-D, #2 Civil Cover Sheet, #3 Proposed Summons, #4 Mailing Envelope)(MCB)

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Plaintiff: Daniel Benjamin Fleischman
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Defendant: Polk County Clerk of Court
Represented By: Jonathan Barnet Trohn
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Defendant: Stacy M. Butterfield
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