LOPEZ v. CITY OF PENSACOLA et al
| RAFAEL LOPEZ |
| CITY OF PENSACOLA, HENDRICK MARTINEZ, ESCAMBIA COUNTY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD and GARY MARSH |
| 3:2025cv02408 |
| November 25, 2025 |
| U.S. District Court for the Northern District of Florida |
| HOPE T CANNON |
| M CASEY RODGERS |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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| Filing 49 Plaintiff's REPLY to Defendant ESCAMBIA COUNTY SCHOOL BOARD's #48 Response to Plaintiff's Objections to REPORT AND RECOMMENDATION, by RAFAEL LOPEZ. (mb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #49 Plaintiff's REPLY to Defendant ESCAMBIA COUNTY SCHOOL BOARD's #48 Response to Plaintiff's Objections to REPORT AND RECOMMENDATION. (mb) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #48 Defendant ESCAMBIA COUNTY SCHOOL BOARD's RESPONSE to #47 Objection to Report and Recommendations. (mb) |
| Filing 48 Defendant ESCAMBIA COUNTY SCHOOL BOARD's RESPONSE to #47 Objection to Report and Recommendations. (GROSHOLZ, JEFFREY) |
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE M CASEY RODGERS notified that action is needed Re: #47 Objection to #46 Report and Recommendations. (mb) |
| Filing 47 OBJECTION to #46 Report and Recommendations by RAFAEL LOPEZ. (mb) |
| Motions No Longer Referred: #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM , #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM (mb) |
| Filing 46 REPORT AND RECOMMENDATION. Defendants City of Pensacola and Hendrick Martinez's Motion to Dismiss (Doc. #27 ) be GRANTED and Lopez's claims as to these defendants be DISMISSED WITH PREJUDICE. Defendant Escambia County School Board's Motion to Dismiss (Doc. #35 ) be GRANTED and Lopez's claims as to this defendant be DISMISSED WITH PREJUDICE. Lopezs remaining claims against Defendant Marsh be DISMISSED WITHOUT PREJUDICE for Lopezs failure to timely serve Marsh under Federal Rule of Civil Procedure 4(m) and for failure to state a claim. The clerk close the file. R&R flag set. Signed by MAGISTRATE JUDGE HOPE T CANNON on 3/26/2026. Internal deadline for referral to district judge if objections are not filed earlier: 4/23/2026. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #42 ORDER. (Deadline to return proof of service of process 3/20/2026). (Return proof not received). (mb) |
| Filing 45 NOTICE of Appearance by LEONARD J DIETZEN, III on behalf of ESCAMBIA COUNTY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD (DIETZEN, LEONARD) |
Filing 44
ORDER. The motion to withdraw as counsel (Doc. #43 ) is GRANTED, and the clerk shall remove Ms. Smith as attorney of record in this case. Attorney NICOLE SIEB SMITH terminated. Signed by MAGISTRATE JUDGE HOPE T CANNON on 3/18/2026. (mb)
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| Filing 43 MOTION to Withdraw as Attorney by ESCAMBIA COUNTY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD. (SMITH, NICOLE) |
| Set Deadlines re #43 MOTION to Withdraw as Attorney by ESCAMBIA COUNTY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD. (Internal deadline for referral to judge if response to MOTION not filed earlier: 3/27/2026). (mb) |
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Filing 42
ORDER. Lopez's motion (Doc. #38 ) is GRANTED. Within thirty (30) days of the date of this order, Lopez shall serve Defendant Gary Marsh as required by Federal Rule of Civil Procedure 4, including proving service by filing a return of process with the Court. Signed by MAGISTRATE JUDGE HOPE T CANNON on 2/18/2026. (mb)
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| Filing 41 NOTICE of AMENDED Certificate of Service, by RAFAEL LOPEZ. (mb) |
| Set Deadlines re #42 ORDER. (Deadline to return proof of service of process 3/20/2026). (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #41 NOTICE of AMENDED Certificate of Service. (mb) |
| Filing 40 Summons Reissued as to GARY MARSH. (mb) |
| Filing 39 Plaintiff's NOTICE of Filing Affidavit of Private Investigator, by RAFAEL LOPEZ. (Attachments: #1 Affidavit) (mb) |
| Filing 38 Plaintiff's MOTION for Extension of Time to Complete Service, by RAFAEL LOPEZ. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #39 Plaintiff's NOTICE of Filing Affidavit of Private Investigator, by RAFAEL LOPEZ. (Attachments: # 1 Affidavit), #38 Plaintiff's MOTION for Extension of Time to Complete Service. Referred to HOPE T CANNON. (mb) |
| Filing 37 Plaintiff's RESPONSE in Opposition re #35 Defendant, ESCAMBIA COUNTY SCHOOL BOARD'S MOTION TO DISMISS, by RAFAEL LOPEZ. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #37 Plaintiff's RESPONSE in Opposition re #35 Defendant, ESCAMBIA COUNTY SCHOOL BOARD'S MOTION TO DISMISS. (mb) |
| MOTIONS REFERRED to Magistrate Judge re #35 Motion to Dismiss for Failure to State a Claim. Referred to HOPE T CANNON. (alb) |
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Filing 36
ORDER re #35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM. Oppositions to motions must be filed within fourteen days of the date the motion was served. See N.D. Fla. Loc. R. 7.1(E). Because the motion indicates it was served on January 26, 2026, via first class mail, Lopez's response is due February 12, 2026. Signed by MAGISTRATE JUDGE HOPE T CANNON on 01/26/2026. (Internal deadline for referral to judge if response not filed earlier: 2/12/2026). (alb)
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| Filing 35 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by ESCAMBIA COUNTY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD. (SMITH, NICOLE) |
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Filing 34
ORDER. Lopez's "Motion for Leave to Effect Alternative Service" (Doc. #26 ) is DENIED. Signed by MAGISTRATE JUDGE HOPE T CANNON on 1/22/2026. (mb)
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| Filing 33 NOTICE of Appearance by JEFFREY JAMES GROSHOLZ on behalf of ESCAMBIA COUNTY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD (GROSHOLZ, JEFFREY) |
| Filing 32 NOTICE of Appearance by NICOLE SIEB SMITH on behalf of ESCAMBIA COUNTY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD (SMITH, NICOLE) |
| Filing 31 Certificate of Compliance with Word Count, by RAFAEL LOPEZ re #29 Response to Motion. (Attachments: #1 Letter to Clerk) (alb) |
| Filing 30 Plaintiff's Supplemental Notice Regarding Factual Clarifications relevant to Rule 12(B)(6), by RAFAEL LOPEZ. (alb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #31 Certificate of Compliace with Word Count. (alb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #29 Plaintiff's RESPONSE in Opposition to #27 Defendant's MOTION TO DISMISS, And Alternate Request for Leave to Amend, filed by RAFAEL LOPEZ. #30 Plaintiff's Supplemental Notice Regarding Factual Clarifications relevant to Rule 12(B)(6), by RAFAEL LOPEZ. (alb) |
| Filing 29 Plaintiff's RESPONSE in Opposition to #27 Defendant's MOTION TO DISMISS, And Alternate Request for Leave to Amend, filed by RAFAEL LOPEZ. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Referred to HOPE T CANNON. (mb) |
| Filing 28 AMENDED CERTIFICATE OF SERVICE, by RAFAEL LOPEZ. (mb) |
| Filing 27 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by CITY OF PENSACOLA, HENDRICK MARTINEZ. (CARSON, MATTHEW) |
| Filing 26 Plaintiff's MOTION for Leave to Effect Alternative Service on Defendant GARY MARSH in his Individual Capacity, by RAFAEL LOPEZ. (mb) |
| Filing 25 Summons Returned Unexecuted by Process Server, as to GARY MARSH. (mb) |
| Filing 24 SUMMONS Returned Executed by Process Server. ESCAMBIA COUNTY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD served on 1/5/2026, answer due 1/26/2026. (mb) |
| Filing 23 SUMMONS Returned Executed by Process Server. CITY OF PENSACOLA served on 12/23/2025, answer due 1/13/2026. (mb) |
| Filing 22 SUMMONS Returned Executed by Process Server. HENDRICK MARTINEZ served on 12/23/2025, answer due 1/13/2026. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #26 Plaintiff's MOTION for Leave to Effect Alternative Service on Defendant GARY MARSH in his Individual Capacity, #25 Summons Returned Unexecuted. Referred to HOPE T CANNON. (mb) |
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Filing 21
ORDER. Lopez's motion for leave to file a third amended complaint (Doc. #19 ) is DENIED. Signed by MAGISTRATE JUDGE HOPE T CANNON on 12/16/2025. (mb)
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| Filing 20 Proposed THIRD AMENDED COMPLAINT against CITY OF PENSACOLA, ESCAMBIA COUNTY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD, GARY MARSH, HENDRICK MARTINEZ, filed by RAFAEL LOPEZ. (mb) |
| Filing 19 Plaintiff's MOTION for Leave to File Third Amended COMPLAINT, by RAFAEL LOPEZ. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #20 Proposed THIRD AMENDED COMPLAINT against CITY OF PENSACOLA, ESCAMBIA COUNTY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD, GARY MARSH, HENDRICK MARTINEZ, #19 Plaintiff's MOTION for Leave to File Third Amended COMPLAINT. Referred to HOPE T CANNON. (mb) |
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Filing 18
ORDER re #14 Motion to Supplement. That Lopez's motion to supplement his second amended complaint (Doc. #14 ) is DENIED. Signed by MAGISTRATE JUDGE HOPE T CANNON on 12/11/2025. (mb)
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| Filing 17 Supplemental NOTICE of Compliance re #12 Order, by RAFAEL LOPEZ. (mb) |
| Filing 16 Plaintiff's NOTICE of Compliance - Proof of service re #12 Order for ESCAMBIA COUNTY SCHOOL BOARD and GARY MARSH, by RAFAEL LOPEZ. (mb) |
| Filing 15 Summons Issued as to ESCAMBIA COUNTY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD, GARY MARSH. (mb) |
| Filing 14 Plaintiff's MOTION to Supplement #10 SECOND Amended Complaint by RAFAEL LOPEZ. (Attachments: #1 Proposed ORDER). (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #14 Plaintiff's MOTION to Supplement 10 SECOND Amended Complaint by RAFAEL LOPEZ. (Attachments: # 1 Proposed ORDER). Referred to HOPE T CANNON. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #17 Supplemental NOTICE of Compliance re 12 Order. (mb) |
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**Duplicate - ORDER finding as moot #9 and #11 Motion for Leave to File. Signed by MAGISTRATE JUDGE HOPE T CANNON on 12/4/2025. (lsd)
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Filing 12
ORDER. Lopez's first and second motion for leave to file a second amended complaint (Docs. #9 , #11 ) are TERMINATED AS MOOT. The second amended complaint (Doc. #10 ) shall be the operative pleading. Within three (3) days of this Order, Lopez shall serve a copy of the second amended complaint (Doc. #10 ) via first class mail on all Defendants upon whom he has already perfected service under Rule 4 and shall file a notice with the Court confirming he has complied with this Order. The clerk shall revise the case style on the electronic docket to read "Rafael Lopez" as the Plaintiff, and to add Defendants Escambia County School District/Escambia County School Board and Chief Investigator Gary Marsh. (Deadline to serve Second Amended COMPLAINT by 12/8/2025).) Signed by MAGISTRATE JUDGE HOPE T CANNON on 12/4/2025. (mb)
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| Filing 11 Plaintiff's MOTION for Leave to File SECOND AMENDED COMPLAINT, by RAFAEL LOPEZ. (Attachments: #1 Exhibit A - SECOND AMENDED CIVIL RIGHTS COMPLAINT).(Documents appear to be duplicative of D.E. #9 and #10 , but Plaintiff was adamant about it being filed on the docket). (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #11 Plaintiff's MOTION for Leave to File SECOND AMENDED COMPLAINT, by RAFAEL LOPEZ. (Attachments: # 1 Exhibit A - SECOND AMENDED CIVIL RIGHTS COMPLAINT).(Documents appear to be duplicative of D.E. #9 and #10 , but Plaintiff was adamant about it being filed on the docket). Referred to HOPE T CANNON. (mb) |
| Filing 10 SECOND AMENDED COMPLAINT against CITY OF PENSACOLA, HENDRICK MARTINEZ, filed by RAFAEL LOPEZ. (Adding new defendants - ESCAMBIA COUNTRY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD; GARY MARSH (Individual Capacity - Chief Investigator, ECSD). (mb) |
| Filing 9 MOTION for Leave to File SECOND AMENDED COMPLAINT, by RAFAEL LOPEZ. (mb) |
| Filing 8 NOTICE of Proof of Service - DETECTIVE MARTINEZ (OFFICIAL CAPACITY) by HENDRICK MARTINEZ. (mb) |
| Filing 7 NOTICE of Proof of Service - DETECTIVE MARTINEZ (INDIVIDUAL CAPACITY), by HENDRICK MARTINEZ (mb) |
| Filing 6 NOTICE of Proof of Service for CITY OF PENSACOLA, by RAFAEL LOPEZ. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #9 MOTION for Leave to File SECOND AMENDED COMPLAINT, #10 SECOND AMENDED COMPLAINT against CITY OF PENSACOLA, HENDRICK MARTINEZ, filed by RAFAEL LOPEZ. (Adding new defendants - ESCAMBIA COUNTRY SCHOOL DISTRICT/ESCAMBIA COUNTY SCHOOL BOARD; GARY MARSH (Individual Capacity - Chief Investigator, ECSD). Referred to HOPE T CANNON. (mb) |
| Filing 13 Summons Issued as to CITY OF PENSACOLA, HENDRICK MARTINEZ, by RAFAEL LOPEZ. (mb) |
| Filing 5 FIRST AMENDED COMPLAINT against CITY OF PENSACOLA, HENDRICK MARTINEZ, filed by RAFAEL LOPEZ. (Attachments: #1 Civil Cover Sheet) (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #5 FIRST Amended Complaint. (mb) |
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Filing 4
ORDER. Within seven days of the date of this Order, Lopez shall file an amended complaint omitting his minor son as a Plaintiff in this case and omitting all claims brought on behalf of the minor son. Contemporaneous with the filing of the amended complaint, Lopez shall request that the clerk issue summonses for the Defendants. Lopez is responsible for prompt service of the summons and the amended complaint on each Defendant in the manner and within the time prescribed by Rule 4 of the Federal Rules of Civil Procedure. The service copy of the amended complaint must be identical to the amended complaint filed with the Court. Signed by MAGISTRATE JUDGE HOPE T CANNON on 11/26/2025. ( Amended Pleadings due by 12/3/2025.) (alb)
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| Filing 3 Notice to Pro Se Litigant, RAFAEL LOPEZ. (mb) |
| Filing 2 CIVIL COVER SHEET. (mb) |
| Filing 1 COMPLAINT against CITY OF PENSACOLA, HENDRICK MARTINEZ (Filing fee $405 - Receipt #DFLN3-2073), filed by RAFAEL LOPEZ. (No service copies). (Attachment(s): #1 Exhibits) (mb). |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE HOPE T CANNON notified that action is needed Re: #1 Complaint. (No service copies). (mb) |
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