Mathis et al v. Freire Schools et al
| Diwann Mathis and Marketa Mathis |
| Kelly C Davenport, Leigh Botwinik, Kristen S. Swift and Freire Schools Collaborative |
| 8:2025cv03334 |
| December 5, 2025 |
| U.S. District Court for the Middle District of Florida |
| Natalie Hirt Adams |
| Steven D Merryday |
| Racketeer/Corrupt Organization |
| 18 U.S.C. § 1962 Racketeering (RICO) Act |
| Plaintiff |
Docket Report
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| Filing 57 MOTION to Dismiss Plaintiffs' Fourth Amended Complaint by Leigh Botwinik, Kelly C Davenport, Freire Schools, Kristen S. Swift. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G)(Alexander, Abbye). |
Filing 56
ENDORSED ORDER: The defendants' unopposed motion (Doc. 55) to extend the time within which to respond to the fourth amended complaint (Doc. 53) is GRANTED. No later than MAY 29, 2026, the defendants must respond. Signed by Judge Steven D. Merryday on 5/8/2026. (BES)
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| Filing 55 Unopposed MOTION for Extension of Time to File Answer re #53 Amended Complaint by Leigh Botwinik, Kelly C Davenport, Freire Schools Collaborative, Kristen S. Swift. (Alexander, Abbye) |
| Filing 54 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Diwann Mathis, Marketa Mathis. (LNR) |
| Filing 53 FOURTH AMENDED COMPLAINT against Leigh Botwinik, Kelly C. Davenport, Freire Schools Collaborative, Kristen S. Swift with Jury Demand. Filed by Marketa Mathis, Diwann Mathis. (LNR) |
| Filing 52 ENDORSED ORDER: For the reasons stated in the "proposed sealed item" (Doc. 51-1), the plaintiffs' motion (Doc. 50) to extend the time within which to amend the complaint is GRANTED. No later than MAY 1, 2026, and in accord with the instructions and warnings provided in the latest dismissal order (Doc. 49), the plaintiffs may amend the complaint. Absent a showing of good cause, any further extension is HIGHLY DISFAVORED. Signed by Senior District Judge Steven D. Merryday on 3/12/2026. (BES) |
| Filing 51 MOTION to file Declaration in Support of Motion for Extension under seal by Diwann Mathis, Marketa Mathis. (Attachments: #1 Proposed Sealed Item)(LNR).Motions referred to Magistrate Judge Natalie Hirt Adams. |
| Filing 50 MOTION for Extension of Time to File Fourth Amended Complaint by Diwann Mathis, Marketa Mathis. (LNR) |
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Filing 49
ORDER: The unauthorized and non-compliant complaint (Doc. 25) is DISMISSED with leave to amend, in a paper no longer than thirty pages, exclusive of exhibits and signature pages, no later than APRIL 1, 2026. The motion (Doc. 27) for leave to amend, which is also non-compliant with the Local Rules, is DENIED as moot. Because the plaintiffs have amended the complaint twice, any future motion to extend the deadline is HIGHLY DISFAVORED. The plaintiffs are WARNED that any material misstatement of fact or law, including any misstatement generated by artificial intelligence, may result in a sanction, including but not limited to an injunction declaring the plaintiffs as vexatious litigants and prohibiting the plaintiffs from filing pro se and without prior leave in this court any action related to the allegations contained in the complaint. Rule 11(c), Federal Rules of Civil Procedure. Signed by Senior District Judge Steven D. Merryday on 3/2/2026. (BES)
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| Filing 48 NOTICE regarding sequence of Filings on February 25,2026 by Diwann Mathis, Marketa Mathis. (LNR) |
| Filing 47 NOTICE of WITHDRAWAL of motion re #27 Motion to Amend / Correct / Modify / Supplement filed by Marketa Mathis, Diwann Mathis. (LNR) |
| Filing 46 RESPONSE to Motion re #39 Emergency MOTION for Extension of Time to File filed by Diwann Mathis, Marketa Mathis. (LNR) |
| Filing 45 NOTICE of Appearance by Shaquirah Chavon Dixon on behalf of Leigh Botwinik, Olivia Burgess, Kelly C Davenport, Jane Does 1-5, John Does 1-5, W. Nathan Durant, Freire Schools, Jawanda Murray, Kristen S. Swift (Dixon, Shaquirah) |
| Filing 44 NOTICE of Service of Court Documents Appearance by Abbye Erika Alexander on behalf of Leigh Botwinik, Olivia Burgess, Kelly C Davenport, W. Nathan Durant, Freire Schools, Jawanda Murray, Kristen S. Swift (Attachments: #1 Exhibit A)(Alexander, Abbye) |
| Filing 43 NOTICE of Lead Counsel Designation by Abbye Erika Alexander on behalf of Leigh Botwinik, Olivia Burgess, Kelly C Davenport, W. Nathan Durant, Freire Schools, Jawanda Murray, Kristen S. Swift. Lead Counsel: Abbye E. Alexander. (Alexander, Abbye) |
| Filing 42 ENDORSED ORDER: The defendants' motion (Doc. 39) to extend the time within which to respond to the complaint is GRANTED. No later than APRIL 27, 2026, the defendants must respond. Signed by Senior District Judge Steven D. Merryday on 2/25/2026. (BES) |
| Filing 41 NOTICE by W. Nathan Durant, Jawanda Murray Notice of Filing Rule 4 Waiver (Attachments: #1 Exhibit A)(Alexander, Abbye) |
| Filing 40 NOTICE by Kristen S. Swift Notice of Filing Rule 4 Waiver (Attachments: #1 Exhibit A)(Alexander, Abbye) |
| Filing 39 Emergency MOTION for Extension of Time to File by Freire Schools. (Attachments: #1 Exhibit A)(Alexander, Abbye) Modified on 2/25/2026 to note that Chambers has been notified. (JVC) |
| Filing 38 NOTICE TO COUNSEL Abbye Erika Alexander, Shaquirah Chavon Dixon 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). (LJC) |
| Filing 37 NOTICE TO COUNSEL Abbye Erika Alexander of Local Rule 2.01(b)(2)(B), which requires members of the Middle District bar to maintain with the clerk a current telephone number, mailing address, and email address. Update your contact information for the Middle District through PACER. (Signed by Deputy Clerk). (LJC) |
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Filing 36
ENDORSED ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) #27 Motion to Amend Complaint. Signed by Magistrate Judge Natalie Hirt Adams on 2/24/2026. (Adams, Natalie)
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| Filing 35 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Freire Schools. (Alexander, Abbye) |
| Filing 34 NOTICE of Appearance by Abbye Erika Alexander and Shaquirah Dixon on behalf of All Defendants (Alexander, Abbye) Modified on 2/24/2026 as to docket text (LJC). |
| Filing 33 RETURN of service executed on 2/12/2026 by Marketa Mathis, Diwann Mathis as to Olivia Burgess. (LNR) |
| Filing 32 RETURN of service executed on 2/12/2026 by Marketa Mathis, Diwann Mathis as to Kelly C. Davenport. (LNR) |
| Filing 31 RETURN of service executed on 2/12/2026 by Marketa Mathis, Diwann Mathis as to Leigh Botwinik. (LNR) |
| Filing 30 RETURN of service executed on 2/12/2026 by Marketa Mathis, Diwann Mathis as to Freire Schools. (LNR) |
| Filing 29 DECLARATION of Service by Jane Mathis re #25 Third Amended Complaint, #26 Summons Issued. (LNR) |
| Filing 28 NOTICE of Errata by Diwann Mathis, Marketa Mathis re #25 THIRD Amended Complaint. (LNR) |
| Filing 27 MOTION for Leave to File Third Amended Complaint Nunc Pro Tunc by Diwann Mathis, Marketa Mathis. (Attachments: #1 Text of Proposed Order)(LNR) |
| Filing 26 SUMMONS issued as to Leigh Botwinik, Olivia Burgess, Kelly C. Davenport, W. Nathan Durant (Two different addresses), Freire Schools, Jawanda Murray, Kristen S. Swift. (LNR) |
| Filing 25 THIRD AMENDED COMPLAINT against All Defendants with Jury Demand filed by Marketa Mathis, Diwann Mathis. (LNR) |
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Filing 24
ORDER denying without prejudice #5 Motion to Appoint Counsel. Signed by Magistrate Judge Natalie Hirt Adams on 2/5/2026. (NBM)
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Filing 23
ENDORSED ORDER denying without prejudice #21 Motion for Service by United States Marshals. Because Plaintiffs do not appear to have attempted alternative lower-cost methods of service as the Court encouraged in Doc. 20, the Court declines to exercise its discretion under Fed. R. Civ. P. 4 to transfer the cost of service to the government. Should Plaintiffs renew their motion, they should describe their attempts at low-cost service methods under Federal Rule of Civil Procedure 4(d). Signed by Magistrate Judge Natalie Hirt Adams on 2/3/2026. (NBM)
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| Filing 22 ENDORSED ORDER: The plaintiff's motions (Docs. 5 and 21) are REFERRED to the magistrate judge for disposition. Signed by Senior District Judge Steven D. Merryday on 2/2/2026. (BES) |
| Filing 21 NOTICE regarding Service of Process / MOTION for Miscellaneous Relief, specifically Service by USMS by Diwann Mathis, Marketa Mathis. (LNR) |
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Filing 20
ENDORSED ORDER denying #4 Motion for Service by United States Marshals. Rule 4(c)(3) of the Federal Rules of Civil Procedure provides: "At the plaintiff's request, the court may order that service be made by a United States marshal.... The Court must so order if the plaintiff is authorized to proceed in forma pauperis under 28 U.S.C. 1915 or as a seaman under 28 U.S.C. 1916." Plaintiffs have already paid the filing fee and are not proceeding in forma pauperis. Thus, in this case, Rule 4 leaves to the Court's discretion whether to appoint a U.S. Marshal to serve process. Here, Plaintiffs express concern that they lack the means to travel to effect personal service. But a party may not itself serve a summons and complaint. Fed. R. Civ. P. 4(b). Plaintiffs are therefore directed to serve all Defendants using a third-party process server. Plaintiffs are encouraged to review Federal Rule of Civil Procedure 4(d), which provides a low-cost service method for some Defendants, as well as Rules 4(e) and 4(h), which provide the requirements for serving individuals and entities. Signed by Magistrate Judge Natalie Hirt Adams on 1/29/2026. (CJF)
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Filing 19
ENDORSED ORDER denying as moot #2 and #3 Motions to Proceed In Forma Pauperis, in light of Plaintiffs' payment of the filing fee. Signed by Magistrate Judge Natalie Hirt Adams on 1/29/2026. (CJF)
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| Filing 18 SUMMONS issued as to Leigh Botwinik, Olivia Burgess, Kelly C. Davenport, W. Nathan Durant, Freire Schools, Kaufman Dolowich LLP, Jawanda Murray, Kristen S. Swift. (TDC) |
| Filing 17 CERTIFICATE of service by Diwann Mathis, Marketa Mathis re #16 Second Amended Complaint. (TDC) |
| Filing 16 SECOND AMENDED COMPLAINT against Leigh Botwinik, Olivia Burgess, Kelly C. Davenport, Jane Does 1-5, John Does 1-5, Freire Schools, Jawanda Murray, W. Nathan Durant, Kristen S. Swift, Kaufman Dolowich LLP with Jury Demand filed by Marketa Mathis, Diwann Mathis.(TDC) |
| FEES Paid by Diwann Mathis, Marketa Mathis (Filing fee $405, Receipt Number TPA73659). (EGP) |
| Filing 15 CERTIFICATE of service with Exhibits A-F by Diwann Mathis, Marketa Mathis re #14 Declaration, #13 Declaration. (Attachments: #1 Exhibit A-F)(LNR) |
| Filing 14 DECLARATION of Marketa Mathis re #10 Amended Complaint by Marketa Mathis. (LNR) |
| Filing 13 DECLARATION of Diwann M. Mathis re #10 Amended Complaint by Diwann Mathis. (LNR) |
| Filing 12 NOTICE of supplemental authority re #2 MOTION to Proceed In Forma Pauperis, #3 MOTION to Proceed In Forma Pauperis by Diwann Mathis, Marketa Mathis. (LNR) |
| Filing 11 NOTICE of Filing First Amended Complaint and Memorandum of Support of Consolidation by Diwann Mathis, Marketa Mathis re #10 Amended Complaint. (Attachments: #1 Exhibit Index, #2 Exhibit A-C)(LNR) |
| Filing 10 AMENDED COMPLAINT against All Defendants with Jury Demand. Filed by Marketa Mathis, Diwann Mathis.(LNR) |
| Filing 9 REDACTED Exhibit List and Exhibits A-O re #1 Complaint, #6 SEALED Document by Diwann Mathis, Marketa Mathis. (LNR) |
| Filing 8 STATUS report regarding Representation of Minor Plaintiffs by Diwann Mathis, Marketa Mathis. (LNR) |
| Filing 7 ENDORSED ORDER: The plaintiffs' motions (Docs. 4 and 5) for service of process by United States Marshal and for appointment of pro bono counsel are REFERRED to the magistrate judge for disposition. Signed by Senior District Judge Steven D. Merryday on 12/15/2025. (BES) |
| Filing 6 SEALED DOCUMENT re #1 Complaint, (The filer has not obtained leave from the Court to file this document under seal) by Diwann Mathis, Marketa Mathis (Attachments: #1 Exhibit A - O)(AA). |
| Filing 5 MOTION for Appointment of Pro Bono Counsel For Minor Plaintiffs D.M and D.M by Diwann Mathis, Marketa Mathis. (EGP) Modified event on 12/16/2025 (LAW). |
| Filing 4 MOTION for Service of Process By United States Marshals Service by Diwann Mathis, Marketa Mathis. (EGP) Modified event on 12/16/2025 (LAW). |
| Filing 3 MOTION to Proceed In Forma Pauperis by Marketa Mathis. (EGP) Motions referred to Magistrate Judge Natalie Hirt Adams. |
| Filing 2 MOTION to Proceed In Forma Pauperis by Diwann Mathis. (EGP) Motions referred to Magistrate Judge Natalie Hirt Adams. Modified text on 12/8/2025 (EGP). |
| Filing 1 COMPLAINT against Leigh Botwinik, Olivia Burgess, Kelly C Davenport, Jane Does, John Does, Freire Schools, Jawanda Murray with Jury Demand filed by Marketa Mathis, Diwann Mathis (No IFP filed - Filing Fee Not Paid). (Attachments: #1 Civil Cover Sheet)(EGP) |
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