MAKERE v. FITZPATRICK et al
| ELIAS MAKERE |
| MARTIN FITZPATRICK, CHARLES J.F. SCHREIBER, JR., MARK WALKER, U.S. DISTRICT COURT, FLORIDA, NORTHERN DISTRICT, MICHAEL J FRANK, ALLEN C WINSOR, HOPE CANNON, CHARLES J F SCHREIBER, JR and U S DISTRICT COURT FLORIDA NORTHERN DISTRICT |
| 4:2022cv00315 |
| August 30, 2022 |
| US District Court for the Northern District of Florida |
| ZACHARY C BOLITHO |
| MARTIN A FITZPATRICK |
| ROBERT L HINKLE |
| WILLIAM STAFFORD |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| Plaintiff |
Docket Report
RSS Track this Docket
This docket was last retrieved on November 23, 2022. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 56 NOTICE of Change of Address by ELIAS MAKERE. (New address: P O BOX 324, HOBART, IN 46342). (mb) |
Filing 55
ORDER. Plaintiffs "Motion to Strike the United States' Motion to Dismiss (For Being Untimely)" (Doc. #43 ) is DENIED. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 10/14/2022. (alb)
|
|
Filing 54
ORDER. It is ORDERED that Defendant Schreiber's Motion to Stay Discovery (Doc. #48 ) be GRANTED. The parties need not respond to any discovery requests unless and until the Court sets a deadline for them to do so. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 10/11/22. (jfj)
|
|
Filing 53
ORDER denying #21 Motion for Entry of Default. Plaintiff's Motion for Clerk Default (Doc. 21) is DENIED. Defendants have moved to dismiss this action (Doc. 26), and there is no basis for entry of a clerk's default. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 10/11/2022. (lkc)
|
|
Filing 52
ORDER granting #24 Motion to Dispel with Telephonic Conferral. Defendant Schreiber's Amended Motion to Dispel with Telephonic Conferral (Doc. 24) is GRANTED. For good cause shown, Defendant Schreiber will be permitted to confer with Plaintiff by email communication instead of telephone communication at any point when telephone conferral would otherwise be required. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 10/11/2022. (lkc)
|
|
Filing 51
ORDER denying #42 Motion to Strike. Defendant Schreiber's Motion to Strike Plaintiff's Response in Opposition to Defendant Schreiber's Motion for Protective Order (Doc. 42) is DENIED. The Court will exercise its discretion to consider Plaintiff's response to Defendant's motion to dismiss even though it may have been untimely filed under the Local Rules. Defendant has not established any prejudice from the late of filing of Plaintiff's response. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 10/11/2022. (lkc)
|
|
Filing 50
ORDER denying #38 Motion to Strike. Defendant Schreiber's Motion to Strike Plaintiff's Response in Opposition to Defendant Schreiber's Motion to Dismiss or to Disregard Exhibits Attached to the Response (Doc. 38) is DENIED. The Court will exercise its discretion to consider Plaintiff's response to Defendant's motion to dismiss even though it may have been untimely filed under the Local Rules. Defendant has not established any prejudice from the late filing of Plaintiff's response. Moreover, the documents Plaintiff has attached to his response in opposition appear to largely be publicly filed documents that are sufficiently referenced in his amended complaint. Thus, the Court may take judicial notice of them and consider them for what they are worth in deciding the pending motion to dismiss. See Beepot v. J.P. Morgan Chase Nat. Corp. Servs., Inc., 57 F. Supp. 3d 1358, 1366 (M.D. Fla. 2014). Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 10/11/2022. (lkc)
|
|
Filing 49
ORDER denying #39 Motion to Strike. Defendant Schrieber's Motion to Strike (Doc. 39) is DENIED. The Court will exercise its discretion to consider Plaintiff's response to Defendant's motion for sanctions (Doc. 41) even though it may have been untimely filed under the Local Rules. Defendant has not established any prejudice from the late filing of Plaintiff's response. Signed by MAGISTRATE JUDGE ZACHARY C BOLITHO on 10/11/2022. (lkc)
|
| Filing 48 MOTION to Stay Discovery by CHARLES J F SCHREIBER, JR. (OLIVELLA, MIGUEL) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #48 MOTION to Stay Discovery. Referred to ZACHARY C BOLITHO. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #47 RESPONSE to Motion re #43 MOTION to Strike #26 MOTION to Dismiss Amended Complaint. (mb) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #39 MOTION to Strike. (Responses not filed). Referred to ZACHARY C BOLITHO. (mb) |
| Filing 47 RESPONSE to Motion re #43 MOTION to Strike #26 MOTION to Dismiss Amended Complaint filed by MARTIN FITZPATRICK, U S DISTRICT COURT FLORIDA NORTHERN DISTRICT, MARK WALKER. (CARTER, RONNIE) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #46 Plaintiff's RESPONSE in Opposition to the UNITED STATES' #16 Amended MOTON to Dismiss Second Amended Complaint, filed by ELIAS MAKERE. (ProSeNonPrisoner's Address on envelope for this response is listed as: 3709 SAN PABLO RD S #701, JACKSONVILLE, FL 32224). Referred to ZACHARY C BOLITHO. (mb) |
| Filing 46 Plaintiff's RESPONSE in Opposition to the UNITED STATES' #16 Amended MOTON to Dismiss Second Amended Complaint, filed by ELIAS MAKERE. (ProSeNonPrisoner's Address on envelope for this response is listed as: 3709 SAN PABLO RD S #701, JACKSONVILLE, FL 32224). (mb) |
| Filing 44 NOTICE of Supplemental Authority by CHARLES J F SCHREIBER, JR re #19 MOTION for Sanctions (OLIVELLA, MIGUEL) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #38 MOTION to Strike #37 Response in Opposition to Motion or Disregard Exhibits. (No responses filed to MOTION). Referred to ZACHARY C BOLITHO. (mb) |
| Filing 45 Mail Returned as Undeliverable. Mail sent to ELIAS MAKERE Re: #35 ORDER. (RETURN TO SENDER; NOT DELIVERABLE AS ADDRESSED; UNABLE TO FORWARD). (No forwarding address - Plaintiff is a ProSeNonPrisoner). (mb) |
| MOTIONS REFERRED to Magistrate Judge re #38 Motion to Strike, #39 Motion to Strike. Referred to ZACHARY C BOLITHO. (tpm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #43 MOTION to Strike #26 MOTION to Dismiss Amended Complaint , #42 MOTION to Strike #40 Response in Opposition to Motion as Untimely. Referred to ZACHARY C BOLITHO. (tpm) |
| Filing 43 PLAINTIFF'S MOTION TO STRIKE THE UNITED STATES' MOTION TO DISMISS (FOR BEING UNTIMELY) by ELIAS MAKERE. (Internal deadline for referral to judge if response not filed earlier: 10/4/2022). (tpm) |
| Filing 42 MOTION to Strike #40 Response in Opposition to Motion as Untimely by CHARLES J F SCHREIBER, JR. (Internal deadline for referral to judge if response not filed earlier: 10/4/2022). (OLIVELLA, MIGUEL) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #41 Response in Opposition to Motion, #40 Response in Opposition to Motion. (tpm) |
| Filing 41 PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT SCHREIBER'S MOTION FOR SANCTIONS #19 filed by ELIAS MAKERE. (tpm) |
| Filing 40 PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT SCHREIBER'S MOTION FOR PROTECTIVE ORDER #22 filed by ELIAS MAKERE. (tpm) |
| Filing 39 MOTION to Strike by CHARLES J F SCHREIBER, JR. (Internal deadline for referral to judge if response not filed earlier: 9/29/2022). (OLIVELLA, MIGUEL) |
| Filing 38 MOTION to Strike #37 Response in Opposition to Motion or Disregard Exhibits by CHARLES J F SCHREIBER, JR. (Internal deadline for referral to judge if response not filed earlier: 9/27/2022). (OLIVELLA, MIGUEL) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #37 Response in Opposition to Motion. (tpm) |
| Filing 37 PLAINTIFF'S RESPONSE IN OPPOSITION TO DEFENDANT SCHREIBER'S MOTION TO DISMISS filed by ELIAS MAKERE. (tpm) |
|
Filing 36
ORDER OF DISQUALIFICATION: I disqualify myself from participating in this case. 28 U.S.C. 455(b)(5)(requiring a judge to disqualify themself if they are a party to the proceeding). The Clerk shall assign this case to a different judge. Signed by CHIEF JUDGE MARK E WALKER on 09/07/2022. (CHIEF JUDGE MARK E WALKER recused. Case reassigned to JUDGE ROBERT L HINKLE for all further proceedings) (tpm)**PLEASE USE NEW JUDGE'S INITIALS FOR ALL FURTHER PROCEEDINGS. 4:22-CV-315-RH-ZCB**
|
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE ZACHARY C BOLITHO notified that action is needed Re: #35 Order of Recusal. (jcw) |
|
Filing 35
ORDER - I hereby disqualify myself from handling any matter or proceedings in the above-styled case. The clerk of the court is directed to randomly reassign this case to another United States Magistrate Judge. The clerk also shall change the docket and case number to reflect the reassignment. (Case reassigned to MAGISTRATE JUDGE ZACHARY C BOLITHO for all further proceedings. MAGISTRATE JUDGE MICHAEL J FRANK no longer assigned to case). Signed by MAGISTRATE JUDGE MICHAEL J FRANK on 9/6/2022. (jcw)***Please use the new judge's initials for all future filings: 4:22-cv-315-MW-ZCB.***
|
|
Filing 34
ORDER : It is ORDERED that the Clerk's Office shall assign another Magistrate Judge to this action based upon my recusal. Signed by MAGISTRATE JUDGE MARTIN A FITZPATRICK on 09/06/2022. MAGISTRATE JUDGE MARTIN A FITZPATRICK recused. Case reassigned to MAGISTRATE JUDGE MICHAEL J FRANK for all further proceedings (tpm) **PLEASE USE NEW JUDGE'S INITIALS IN 4:22-cv-00315-MW-MJF**
|
|
Filing 33
ORDER OF DISQUALIFICATION. Signed by JUDGE ALLEN C WINSOR on 9/6/2022. I disqualify myself from participating in this case. The clerk will assign a different judge. (kdm)
|
| CHIEF JUDGE MARK E WALKER added. JUDGE ALLEN C WINSOR no longer assigned to case. (kdm) |
| ACTION REQUIRED BY MAGISTRATE JUDGE: Chambers of MAGISTRATE JUDGE MICHAEL J FRANK notified that action is needed Re: #34 Order of Recusal. (tpm) |
|
Filing 32
ORDER OF DISQUALIFICATION. I hereby disqualify myself from participation as a judge in this case. SENIOR JUDGE WILLIAM STAFFORD recused. Case reassigned to JUDGE ALLEN C WINSOR for all further proceedings. Signed by SENIOR JUDGE WILLIAM STAFFORD on 09/02/2022. (rcb)**PLEASE USE NEW JUDGE'S INITIALS IN 4:22-cv-00315-AW-MAF**
|
| ACTION REQUIRED BY DISTRICT JUDGE: Chambers of JUDGE ALLEN C WINSOR notified that action is needed Re: #32 ORDER OF DISQUALIFICATION. (rcb) |
| Filing 31 Notice to Pro Se (tpm) |
| Filing 30 Case electronically transferred in from District of Florida Middle; Case Number 3:22-cv-00734. Original file with documents numbered 1-30 received. |
| Filing 29 NOTICE of WITHDRAWAL of motion re #24 Motion for Miscellaneous Relief filed by Charles J.F. Schreiber, Jr. by Charles J.F. Schreiber, Jr (Olivella, Miguel) [Transferred from Florida Middle on 8/31/2022.] |
| ***COPIES mailed to Elias Makere; re #28 Order transferring case to another division (BGR) [Transferred from Florida Middle on 8/31/2022.] |
|
Filing 28
ORDER directing the Clerk to TRANSFER this case to the United States District Court for the Northern District of Florida. Signed by Judge Brian J. Davis on 8/29/2022. (AMP) [Transferred from Florida Middle on 8/31/2022.]
|
| ***Motions no longer referred per Chambers: #22 MOTION for Protective Order . (JDR) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 27 LOCAL Rule 3.01(G)(3) Conferral SUPPLEMENT re #22 MOTION for Protective Order, #24 Amended MOTION to Dispel with Telephonic Conferral by Charles J.F. Schreiber, Jr. (Olivella, Miguel) (Modified on 8/29/2022, to edit text) (BGR). [Transferred from Florida Middle on 8/31/2022.] |
| ***Motions terminated: #23 MOTION to Dispel with Telephonic Conferral filed by Charles J.F. Schreiber, Jr. (BGR) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 26 MOTION and Memorandum to Dismiss Amended Complaint by Martin Fitzpatrick, U.S. District Court, Florida, Northern District, Mark Walker. (Carter, Ronnie) (Modified on 8/26/2022, to edit text) (BGR). [Transferred from Florida Middle on 8/31/2022.] |
| Filing 25 NOTICE of supplemental authority re #22 MOTION for Protective Order by Charles J.F. Schreiber, Jr. (Olivella, Miguel) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 24 AMENDED MOTION to Dispel with Telephonic Conferral by Charles J.F. Schreiber, Jr. (Olivella, Miguel) (Modified on 8/26/2022, to edit text) (BGR). [Transferred from Florida Middle on 8/31/2022.] |
| Filing 23 MOTION for Miscellaneous Relief, specifically Dispel with Telephonic Conferral by Charles J.F. Schreiber, Jr. (Olivella, Miguel) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 22 MOTION for Protective Order by Charles J.F. Schreiber, Jr. (Olivella, Miguel) Motions referred to Magistrate Judge Joel B. Toomey. [Transferred from Florida Middle on 8/31/2022.] |
| Filing 20 RESPONSE in Opposition re #18 MOTION for Miscellaneous Relief, specifically filed by Charles J.F. Schreiber, Jr. (Olivella, Miguel) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 21 MOTION for Clerk's Default by Elias Makere. (Attachments: #1 Text of Proposed Order, #2 Exhibit A, #3 Exhibit B)(JDR) Motions referred to Magistrate Judge Joel B. Toomey. (Modified on 8/25/2022 to edit docket text) (JDR). [Transferred from Florida Middle on 8/31/2022.] |
| Filing 19 MOTION for Sanctions by Charles J.F. Schreiber, Jr. (Olivella, Miguel) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 18 MOTION for Leave to Utilize Electronic Filing by Elias Makere. (Attachments: #1 Exhibit A, #2 Plaintiff's Affidavit)(JDR) [Transferred from Florida Middle on 8/31/2022.] |
| *** Motion(s) REFERRED: #18 MOTION for Miscellaneous Relief, specifically. Motion(s) referred to Magistrate Judge Joel B. Toomey. (JDR) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 17 RESPONSE TO ORDER TO SHOW CAUSE re #10 Order to show cause, filed by Elias Makere. (JDR) [Transferred from Florida Middle on 8/31/2022.] |
| ***Motions terminated: #15 MOTION to Dismiss Complaint filed by Charles J.F. Schreiber, Jr.. (JDR) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 16 AMENDED MOTION to Dismiss, to Strike, and/or for More Definite Statement by Charles J.F. Schreiber, Jr. (Olivella, Miguel) (Modified on 8/11/2022 to edit docket text) (JDR). [Transferred from Florida Middle on 8/31/2022.] |
| Filing 15 MOTION to Dismiss Complaint, to Strike, and/or for More Definite Statement by Charles J.F. Schreiber, Jr. (Olivella, Miguel) (Modified on 8/10/2022 to edit docket text) (JDR). [Transferred from Florida Middle on 8/31/2022.] |
| Filing 14 SUMMONS issued as to Allen C. Winsor. (BD) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 13 PROPOSED summons to be issued by Elias Makere. (BD) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 12 SUMMONS issued as to Hope Cannon. (BD) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 11 PROPOSED summons to be issued by Elias Makere. (BD) [Transferred from Florida Middle on 8/31/2022.] |
| ***COPIES mailed to Elias Makere; re #10 Order to show cause, (LRB) [Transferred from Florida Middle on 8/31/2022.] |
| ***COPIES mailed to Elias Makere; re #14 Summons issued, #12 Summons issued (BD) [Transferred from Florida Middle on 8/31/2022.] |
|
Filing 10
ORDER directing Plaintiff to SHOW CAUSE on or before August 16, 2022, why this case should not be transferred to the Northern District of Florida. Failure to comply may result in transfer without further notice. Signed by Judge Brian J. Davis on 8/2/2022. (AMP) [Transferred from Florida Middle on 8/31/2022.]
|
| Filing 9 AMENDED COMPLAINT against All Defendants filed by Elias Makere. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C, #4 Exhibit D, #5 Exhibit E, #6 Exhibit F, #7 Exhibit G, #8 Exhibit H, #9 Exhibit I)(JDR) [Transferred from Florida Middle on 8/31/2022.] |
| ***Party Hope Cannon added. (JDR) [Transferred from Florida Middle on 8/31/2022.] |
| ***COPIES mailed to Elias Makere; re #8 Order on Motion for Extension of Time to Answer Order on Motion for Extension of Time to File Order on Motion to Dismiss (JDR) [Transferred from Florida Middle on 8/31/2022.] |
|
Filing 8
ORDER STRIKING #3 Amended Complaint; DENYING WITHOUT PREJUDICE as moot #5 , #6 Defendant's Motions. Plaintiff shall file an amended complaint on or before July 29, 2022, in accordance with this Order, applicable rules, statutes and regulations. Failure to timely file a second amended complaint may result in dismissal of this action. Signed by Judge Brian J. Davis on 7/12/2022. (AMP) [Transferred from Florida Middle on 8/31/2022.]
|
| Filing 7 NOTICE of Local Rule 3.01 (G) Certification re #5 MOTION for Extension of Time to File Answer re #1 Notice of Removal, #3 Amended Complaint by Martin Fitzpatrick, U.S. District Court, Florida, Northern District, Mark Walker (Carter, Ronnie) Modified on 7/13/2022 (JDR). [Transferred from Florida Middle on 8/31/2022.] |
| Filing 6 MOTION to Dismiss Complaint by Charles J.F. Schreiber, Jr. (Olivella, Miguel) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 5 MOTION for Enlargement of Time to Respond to #3 Amended Complaint, MOTION for Extension of Time to File Response to Complaint by Martin Fitzpatrick, U.S. District Court, Florida, Northern District, Mark Walker. (Carter, Ronnie) Motions referred to Magistrate Judge Joel B. Toomey. (Modified on 7/11/2022 to edit docket text and relationship) (JDR). [Transferred from Florida Middle on 8/31/2022.] |
| Filing 4 NOTICE of Appearance by Miguel A. Olivella, Jr on behalf of Charles J.F. Schreiber, Jr (Olivella, Miguel) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 3 AMENDED COMPLAINT against Martin Fitzpatrick, Charles J.F. Schreiber, Jr, U.S. District Court, Florida, Northern District, Mark Walker, Michael J. Frank, Allen C. Winsor with Jury Demand. filed by Elias Makere. (Originally filed in Duval County Circuit Court on 6/13/2022.)(BGR) [Transferred from Florida Middle on 8/31/2022.] |
| ***COPIES mailed to Elias Makere; re 2 Case Assigned/Reassigned (BGR) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 2 NEW CASE ASSIGNED to Judge Brian J. Davis and Magistrate Judge Joel B. Toomey. New case number: 3:22-cv-0734-BJD-JBT. (SJB) [Transferred from Florida Middle on 8/31/2022.] |
| Filing 1 COMPLAINT and NOTICE OF REMOVAL from Duval County Circuit Court, case number 2022-CA-2333 filed in State Court on 04/26/2022. filed by All Defendants. (Attachments: #1 State Court COMPLAINT, #2 State Court Docket Sheet, #3 State Court Other Documents, #4 Civil Cover Sheet)(Carter, Ronnie) [Transferred from Florida Middle on 8/31/2022.] |
Access additional case information on PACER
Use the links below to access additional information about this case on the US Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Northern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
