Gaffney v. Barton et al
| Ms Teresa M. Gaffney |
| James Manly Barton, Victor D. Crist and Mars Future Properties LLC |
| 8:2026cv00073 |
| January 12, 2026 |
| U.S. District Court for the Middle District of Florida |
| Sean P Flynn |
| Mary S Scriven |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Fed. Question: Civil Rights Violation |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 7, 2026. A more recent docket listing may be available from PACER.
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| Filing 33 Amended MOTION for Reconsideration, MOTION to Vacate, MOTION to Amend re #21 Order by Teresa M. Gaffney. (Attachments: #1 Exhibit List, #2 Exhibit Document 130 613, #3 Exhibit Certified Copy 1613, #4 Exhibit Blue Label, #5 Exhibit Certified Bar Lien, #6 Exhibit Certified Lis Pendens Void, #7 Exhibit Lis Pendens 01232026, #8 Exhibit Affidavit of McMullen, #9 Exhibit Partial List Missing items)(Kopelovich, Ziona) Added MOTION to Vacate on 5/8/2026 (LJC). Added MOTION to Amend on 5/8/2026 (LJC). Modified on 5/8/2026 as to docket text and to add applicable motion types (LJC). |
| Filing 32 NOTICE by Teresa M. Gaffney to Update the Record Concerning Counsel's Eligibility (Attachments: #1 Exhibit Email, #2 Exhibit Profile)(Kopelovich, Ziona) Modified on 5/8/2026 as to docket text (LJC). |
| Filing 31 NOTICE of Appearance and Lead Counsel Designation by Ziona Kopelovich on behalf of Teresa M. Gaffney (Kopelovich, Ziona) Modified on 5/8/2026 as to docket text (LJC). |
Filing 30
ENDORSED ORDER STRIKING Plaintiff's Amended Motion for Reconsideration #26 filed by Ziona Kopelovich. Ms. Kopelovich is not eligible to practice law in Florida. See The Florida Bar, Lawyer Directory: Find a Lawyer, https://www.floridabar.org/directories/find-mbr/ (search "Ziona Kopelovich") (last visited May 4, 2026). If Plaintiff wishes to move for reconsideration of the Court's Order as Trustee of the of the Sussman Family Living Trust, she must be represented by counsel who is eligible to practice law in Florida or who is eligible to move to represent Plaintiff pro hac vice. Plaintiff may retain new counsel and file a renewed Motion for Reconsideration within TWENTY-ONE DAYS from the date of this Order. Failure to cause adequate counsel to appear and timely file a renewed motion will result in judgment entered against Plaintiff without further notice. Signed by Judge Mary S. Scriven on 5/5/2026. (KMF)
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| Filing 29 NOTICE of Appearance and Lead Counsel Designation by Ziona Kopelovich on behalf of Teresa M. Gaffney. (Kopelovich, Ziona) Modified text on 5/4/2026 (LNR). |
| Filing 28 NOTICE TO COUNSEL Sheldon Davis McMullen, Ziona Kopelovich 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 27 NOTICE of Appearance by Ziona Kopelovich on behalf of Teresa M. Gaffney (Kopelovich, Ziona) |
| Filing 26 STRICKEN per 30 Order; Amended MOTION for Reconsideration re #21 ORDER DENYING Plaintiff's Motion for a Temporary Restraining Order #12 and DISMISSING the Complaint #1 by Teresa M. Gaffney. (Attachments: #1 Exhibit List, #2 Exhibit Document 130 613, #3 Exhibit Certified Copy 1613, #4 Exhibit Partial Certified Bankruptcy Docket, #5 Exhibit Certified Bar Lien, #6 Exhibit Certified Lis Pendens Void, #7 Exhibit Lis Pendens 01232026, #8 Exhibit Affidavit of McMullen, #9 Exhibit Partial List Missing items)(Kopelovich, Ziona) Modified on 5/1/2026 as to docket text (LJC). Modified text on 5/5/2026 (JDR). |
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Filing 25
ORDER STRIKING Plaintiff's Motion for Reconsideration #23. See Order for details. Signed by Judge Mary S. Scriven on 4/16/2026. (KMF)
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| Filing 24 NOTICE to Correct the Record by Teresa M. Gaffney (McMullen, Sheldon) Modified text on 3/12/2026 (ABM). |
| Filing 23 MOTION for Reconsideration re #21 Order DENYING Plaintiff's Motion for a Temporary Restraining Order #12 and DISMISSING the Complaint #1 by Teresa M. Gaffney. (Attachments: #1 Exhibits 1-5)(TDC) |
| Filing 22 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). (JDR) |
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Filing 21
ORDER DENYING Plaintiff's Motion for a Temporary Restraining Order #12 and DISMISSING the Complaint #1. Defendant Clerk Crist's Motion for Extension of Time to Respond to Complaint #19 is DENIED as moot. The Clerk is DIRECTED to CLOSE this case. Signed by Judge Mary S. Scriven on 1/30/2026. (KMF)
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| Filing 20 NOTICE TO COUNSEL of Local Rule 3.02(a)(2), which 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. (Signed by Deputy Clerk). (CRB) |
| Filing 19 Unopposed MOTION for Extension of Time to File Response/Reply as to #1 Complaint by Victor D. Crist. (Margolin, Jason) |
| Filing 17 Case Reassigned to Judge Mary S. Scriven. New case number: 8:26-cv-73-MSS-SPF. Judge John L. Badalamenti no longer assigned to the case. (JNB) |
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Filing 16
TEXT ORDER. Pursuant to 28 U.S.C. 455, the Honorable John L. Badalamenti is recused from this action. The Clerk of Court is DIRECTED to reassign this case to next available United States District Judge. Signed by Judge John L. Badalamenti on 1/27/2026. (BPC)
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| Filing 15 Case Reassigned to Judge John L. Badalamenti. New case number: 8:26-cv-73-JLB-SPF. Judge James S. Moody, Jr no longer assigned to the case. (MCB) |
| Filing 14 Case Reassigned to Judge James S. Moody, Jr. New case number: 8:26-cv-73-JSM-SPF. Senior District Judge Steven D. Merryday no longer assigned to the case. (MCB) |
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Filing 13
ORDER of recusal; directing the clerk to re-assign the action to another Tampa judge. Signed by Senior District Judge Steven D. Merryday on 1/27/2026. (CJO)
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| Filing 12 Emergency MOTION for Temporary Restraining Order by All Plaintiffs. (Attachments: #1 Affidavit Affidavit of McMullen)(McMullen, Sheldon) |
| Filing 18 ANSWER to #1 Complaint by Sevim Tavlan (owner of Mars Future Properties LLC). by Mars Future Properties LLC.(LSS) |
| Filing 11 NOTICE of Appearance by Keiana Wilkerson on behalf of Victor D. Crist (Wilkerson, Keiana) |
| Filing 10 NOTICE of Appearance by Jason L. Margolin on behalf of Victor D. Crist (Margolin, Jason) |
| Filing 9 DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by James Manly Barton. (Schwieterman, Jessica) |
| Filing 8 WAIVER of service returned executed on 1/26/2026 by James Manly Barton as to James Manly Barton. (Schwieterman, Jessica) |
| Filing 7 NOTICE of Appearance of Lead Counsel by Jessica Lee Schwieterman on behalf of James Manly Barton (Schwieterman, Jessica) Modified on 1/27/2026 to edit docket text (MSN). |
| Filing 6 Case Reassigned to Senior District Judge Steven D. Merryday. New case number: 8:26-cv-73-SDM-SPF. Judge Thomas P. Barber no longer assigned to the case. (MCB) |
| Filing 5 SUMMONS issued as to James Manly Barton, Victor D. Crist, Mars Future Properties LLC. (JOS) |
| Filing 4 NOTICE TO COUNSEL Sheldon Davis McMullen 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). (JOS) |
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Filing 3
ENDORSED ORDER: This matter comes before the Court sua sponte. Pursuant to 28 U.S.C. 455(a), I find it necessary to recuse myself from any further proceedings in this case. The Clerk is directed to reassign this case to another district judge. Signed by Judge Thomas P. Barber on 1/15/2026. (ANL)
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| Filing 2 NEW CASE ASSIGNED to Judge Thomas P. Barber and Magistrate Judge Sean P. Flynn. New case number: 8:26-cv-73-TPB-SPF. (AA) |
| Filing 1 COMPLAINT against All Defendants with Jury Demand (Filing fee $405 receipt number AFLMDC-24332775) filed by All Plaintiffs. (Attachments: #1 Civil Cover Sheet Civil Cover, #2 Exhibit Life Estate Deed, #3 Exhibit June 2009 Letter, #4 Exhibit November 2009 Letter, #5 Exhibit Affidavit of Bellavigna, #6 Exhibit Affidavit Carey, #7 Exhibit Agreement, #8 Exhibit Deed, #9 Exhibit Complaint 14-CA-3762, #10 Exhibit Notice of Homestead 2017, #11 Exhibit Certified Judgment, #12 Exhibit AO A2023-035, #13 Exhibit Resignation of Trustee, #14 Exhibit Acceptance of Trustee, #15 Exhibit Notice of Homestead 2024, #16 Exhibit AO A2024-061, #17 Exhibit Motion to Excuse SKS, #18 Exhibit Order Excusing SKS, #19 Exhibit Motion to Excuse SDM, #20 Exhibit Order Excusing SDM, #21 Exhibit Expert Report, #22 Exhibit CV of Professor Wright, #23 Exhibit June 25 2025 Order, #24 Exhibit Docket 25-CA-12953, #25 Exhibit Motion to Disqualify, #26 Exhibit Docket 14-CA-3762, #27 Exhibit Text Messages, #28 Exhibit Text Message, #29 Exhibit Complaint 25-CA-12953, #30 Exhibit Certificate of Sale, #31 Exhibit Objections to Sale, #32 Exhibit Certificate of Title, #33 Exhibit Affidavit of Gloster, #34 Exhibit Abstract, #35 Exhibit List of Exhibits, #36 Proposed Summons Judge James M Barton, #37 Proposed Summons Victor Crist, #38 Proposed Summons Mars Future Properties LLC)(McMullen, Sheldon) |
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