Ayres v. Faul et al
| Randy Ayres |
| Deputy Michael Faul and Deputy William Morgan |
| 8:2026cv01929 |
| July 6, 2026 |
| U.S. District Court for the Middle District of Florida |
| Lindsay S Griffin |
| William F Jung |
| Civil Rights: Other |
| 42 U.S.C. ยง 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 27, 2026. A more recent docket listing may be available from PACER.
| Document Text |
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| Filing 13 SECOND AMENDED COMPLAINT against Michael Faul and William Morgan with Jury Demand filed by Randy Ayres. Parties Terminated: Robert Gualtieri and Dustin Wiatrak. Related document: #4 Amended Complaint filed by Randy Ayres. (Attachments: #1 Cover Letter and #2 Mailing Envelope)(KCH) |
Filing 12
ENDORSED ORDER granting #11 Plaintiff's Motion to file a Second Amended Complaint. Plaintiff must file the Second Amended Complaint as a standalone entry on the docket. Signed by Judge William F. Jung on 8/19/2026. (CCB)
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| Filing 11 MOTION for Leave to File Second Amended Complaint #4 Amended Complaint by Randy Ayres. (Attachments: #1 Cover Letter, #2 Second Amended Complaint, #3 Mailing Envelope)(AW) |
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Filing 10
ENDORSED ORDER notifying Plaintiff that failure to serve process within ninety (90) days from the date this action was filed will result in dismissal without prejudice and case closure. See Federal Rule of Civil Procedure 4(m). Signed by Judge William F. Jung on 8/14/2026. (CCB)
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| Filing 9 Case Reassigned to Judge William F. Jung. New case number: 8:26-cv-01929-WFJ-LSG. Judge Kathryn Kimball Mizelle no longer assigned to the case. (SET) |
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Filing 8
ORDER: With his consent, I transfer this case to the Honorable William F. Jung under Local Rule 1.07(a). The Clerk is directed to reassign this case to Judge Jung for all further proceedings. Signed by Judge Kathryn Kimball Mizelle on 8/6/2026. (PBH)
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| Filing 7 NOTICE of a related action per Local Rule 1.07(c) by Randy Ayres. Related case(s): Yes (AW) |
| Filing 6 Certificate of Interested Persons and Corporate DISCLOSURE STATEMENT under Rule 7.1, Federal Rules of Civil Procedure, and Local Rule 3.03 by Randy Ayres. (AW) Modified text on 8/5/2026 (AW). |
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Filing 5
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 7/23/2026. (Attachments: #1 Exhibit IDEAL Order)(PBH)
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| NOTICE of CONSENT to Receive Notices of Electronic Filings at the email address of record by Randy Ayres. (RPB) |
| Filing 4 AMENDED COMPLAINT against Michael Faul, Robert Gualtieri, William Morgan, Dustin Wiatrak with Jury Demand. filed by Randy Ayres. Related document: #1 Complaint, filed by Randy Ayres. (Attachments: #1 Exhibit)(EGP) |
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Filing 3
ENDORSED ORDER: Upon review, the Court finds that the #1 Complaint 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 "incorporates and adopts by reference the allegations in" the prior counts leading to a situation where counts II through V 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."). Additionally, Federal Rule of Civil Procedure 8(a) requires that a complaint include "a short and plain statement of the claim showing that the pleader is entitled to relief." The claims should also be stated "in numbered paragraphs, each limited as far as practicable to a single set of circumstances." Fed. R. Civ. P. 10(a). The plaintiff's 20-page, 69-paragraph complaint includes sprawling descriptions of the facts as well as legal arguments, in violation of Rules 8 and 10. Accordingly, the plaintiff's complaint is DISMISSED, and the Plaintiff is granted leave to amend his complaint no later than July 22, 2026. If the plaintiff fails to amend the complaint or submits another shotgun pleading, this action will be dismissed without further notice. Signed by Judge Kathryn Kimball Mizelle on 7/8/2026. (PBH)
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| Filing 2 SUMMONS issued as to Michael Faul, Robert Gualtieri, William Morgan, Dustin Wiatrak. (AA) |
| NOTICE to Randy Ayres - A pro se litigant may consent to receive Notices of Electronic Filings by completing the consent form linked #here or by visiting the court's website at https://www.flmd.uscourts.gov/litigants-without-lawyers (copy of consent program information sheet provided). (AA) |
| Filing 1 COMPLAINT against Michael Faul, Robert Gualtieri, William Morgan, Dustin Wiatrak with Jury Demand Filing fee $405.00, receipt number TPA74535 filed by Randy Ayres. (Attachments: #1 Exhibit, #2 Civil Cover Sheet)(AA) |
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