Saulsberry v. Elder
| David Saulsberry |
| Britney Elder and FTN Bae |
| 0:2021cv62362 |
| November 17, 2021 |
| US District Court for the Southern District of Florida |
| Rodney Smith |
| Alicia O Valle |
| Assault Libel & Slander |
| 28 U.S.C. § 1332 Diversity-Libel, Assault, Slander |
| Defendant |
Docket Report
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Filing 66
NOTICE of Compliance order by David Saulsberry re 65 Order on Motion for Attorney Fees,,,,,,,, Order on Motion for Default Judgment,,,,,,,, Order on Motion for Miscellaneous Relief,,,,,,,,,,,,,,,, Order on Motion for Hearing,,,,,,, (Mitchell, Ariel)
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Filing 65
PAPERLESS ORDER DENYING WITHOUT PREJUDICE #53 AND #60 PLAINTIFF'S MOTIONS FOR DEFAULT AND REQUESTS FOR EVIDENTIARY HEARING. On December 16, 2022, Plaintiff filed #53 a Motion for Default for Failure to Comply with the Court's December 5, 2022 Order and Request for Evidentiary Hearing on Damages. On January 5, 2023, Plaintiff filed #60 a second Motion for Default for Failure to Comply with the Court's December 20, 2022 Order and Request for Evidentiary Hearing on Damages (together, the "Motions for Default"). The Motions for Default are almost verbatim filings seeking substantially the same relief. On January 18, 2023, Defendant (who is proceeding without counsel) filed a "reply" construed as Defendant's opposition to Plaintiff's Motions for Default. See ECF No. #63 . On the same day, Defendant filed #64 her Answer and Affirmative Defenses to Plaintiff's Amended Complaint and Demand for Jury Trial. Accordingly, Plaintiff's Motions for Default and Requests for Evidentiary Hearing are DENIED WITHOUT PREJUDICE. The District Judge has scheduled a Calendar Call on February 21, 2023 and trial on February 27, 2023. ECF No. 56. Given the upcoming deadlines, the parties must telephonically meet and confer in a good faith effort to resolve this matter without further Court intervention. Within 14 days from the date of this Order, the parties must file a Joint Status Report advising the Court of: (i) the result of their conferral; and (ii) the status of the case for trial. Lastly, within 2 business days from the date of this Order, Plaintiff's counsel must serve Defendant with the documents listed below via First Class Mail to 8055 Fm 359 Rd S, Unit 827, Fulshear, TX 77441. Plaintiff must also file a Notice of Compliance regarding the same. Signed by Magistrate Judge Alicia O. Valle on 1/23/2023. (sd01)
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Filing 64
ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Britney Elder. (Attachments: #1 Exhibit 1-40, #2 Exhibit 41-49)(ebz)
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Filing 63
REPLY TO MOTION TO DEFAULT FOR FAILURE TO COMPLY WITH COURTS DECEMBER 20TH, 2022 ORDER re #60 First MOTION for Default Judgment Failure to Comply with DE 57 filed by Britney Elder. (Address Updated) Replies due by 1/24/2023. (ebz) Modified text on 1/18/2023 (ebz).
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Filing 62
Clerk's Notice to Filer re #60 First MOTION for Default Judgment Failure to Comply with DE 57, Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. See DE 61 REQUEST FOR EVIDENTIARY HEARING ON DAMAGES. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (ebz)
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Filing 61
REQUEST FOR EVIDENTIARY HEARING ON DAMAGES. See #60 First MOTION for Default Judgment Failure to Comply with DE 57 by David Saulsberry for image. (ebz)
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Filing 60
First MOTION for Default Judgment Failure to Comply with DE 57 by David Saulsberry. (Mitchell, Ariel)
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Filing 59
NOTICE OF COMPLIANCE WITH COURT ORDER by Britney Elder re #51 Order on Motion to Disqualify Counsel, Order on Motion to Strike, Order on Motion to Withdraw as Attorney. (ebz)
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Filing 58
NOTICE OF SERVICE IN COMPLIANCE WITH OMNIBUS ORDERS ECF 54 AND ECF 57 by David Saulsberry re 54 Order, #57 Order on Motion to Dismiss Service (Mitchell, Ariel) Modified text on 12/27/2022 (ebz).
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Filing 57
ORDER GRANTING IN PART AND DENYING IN PART #37 Defendant's Motion to Dismiss. Signed by Magistrate Judge Alicia O. Valle on 12/20/2022. See attached document for full details. (sd01)
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Filing 56
PAPERLESS NOTICE of Hearing: Calendar Call set for 2/21/2023 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith. Jury Trial set for 2/27/2023 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith. (pm)
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Filing 55
PAPERLESS Minute Entry for proceedings held before Judge Rodney Smith: Calendar Call held on 12/20/2022, 9-9:10am; defendant representing herself, defendant stated mailing address and email address, the Court advised defendant she is subject to the local rules same as attorneys, trial set for 2/207/23, calendar call 2/21/23. Attorney Appearance(s): Ariel Elise Mitchell, Court Reporter: Ellen Rassie, 954-769-5448 / ellen_rassie@flsd.uscourts.gov. NOTICE OF POLICY RE ELECTRONIC SUBMISSION OF EXHIBITS. Local Rule 5.3 provides that within ten (10) days of the conclusion of a hearing or trial, a party must file in CM/ECF an electronic version of most exhibits offered or introduced into evidence. Before electronically filing, the filer must redact any sensitive, confidential, or private information in accordance with Fed. R. Civ. P. 5.2, Fed. R. Crim. P. 49.1, and CM/ECF Administrative Procedures, Section 6, or seek an order from the Court either to seal the exhibit or to exempt the exhibit from electronic filing under subsection (b)(3)(C) of the rule. Failure to electronically file exhibits and the Certificate of Compliance Re Admitted Evidence within ten (10) days may result in the imposition of sanctions. The Local Rule, the Certificate of Compliance Re Admitted Evidence, and the Quick Reference Guide to Electronically Filing Trial Exhibits can be found on the Court's website: http://www.flsd.uscourts.gov. (pm)
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Filing 54
PAPERLESS ORDER DIRECTING PLAINTIFF TO SERVE DEFENDANT WITH RECENT CASE-FILINGS. This cause comes before the Court upon a review of the record. Within two business days from the date of this Order, Plaintiff's counsel must serve Defendant with the documents listed below via First Class Mail to address 360 NW 36th Avenue, Pompano Beach, FL 33069. Service must include the following documents: (i) the Paperless Order setting hearing in case for December 20, 2022 (ECF No. 50); (ii) the Omnibus Order on Motions (ECF No. 51); (iii) Order Continuing Trial (ECF No. 52); (iv) Plaintiff's Motion for Default for Failure to Comply with the Court's December 5, 2022 Order and Request for Evidentiary Hearing on Damages (ECF No. 53); and (v) this Order (together, the "Case-Filings"). As a courtesy, Plaintiff must also serve the Case-Filings to prior defense counsel via First Class Mail. Plaintiff must file a Notice of Service confirming the same. Signed by Magistrate Judge Alicia O. Valle on 12/19/2022. (sd01)
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Filing 53
Plaintiff's MOTION for Attorney Fees Failure to comply with DE 51 Order ( Responses due by 12/30/2022), First MOTION for Default Judgment , First MOTION Default Judgement, Failure to Comply with DE 51 and Evidentary hearing on damages re #51 Order on Motion to Disqualify Counsel, Order on Motion to Strike, Order on Motion to Withdraw as Attorney by David Saulsberry. (Attachments: #1 Exhibit Exhibit A)(Mitchell, Ariel)
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Filing 52
ORDER CONTINUING TRIAL: ( Status Conference set for 12/20/2022 before Judge Rodney Smith.) Signed by Judge Rodney Smith on 12/6/2022. See attached document for full details. (ebz)
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Filing 51
OMNIBUS ORDER ON MOTIONS REGARDING DISQUALIFICATION OF COUNSEL AND MOTION TO WITHDRAW AS DEFENSE COUNSEL. Signed by Magistrate Judge Alicia O. Valle on 12/5/2022. See attached document for full details. (sd01)
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Filing 50
PAPERLESS NOTICE of Resetting Hearing: Telephonic Calendar Call set for 12/20/2022 09:00 AM in Fort Lauderdale Division before Judge Rodney Smith. Counsel shall call the toll-free number 1-877-873-8018 from a landline phone five (5) minutes prior to the start of the hearing. Then, enter Access Code Number 9406706 followed by the pound (#) sign; to bypass the security code, press the star key (*); enter the conference and state your name and the name of the party you represent. (pm)
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Filing 49
Unopposed MOTION to Withdraw as Attorney by Reginald A. Mathis Esq. for / by Britney Elder. Responses due by 11/14/2022 (Mathis, Reginald)
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Filing 48
Notice of Ninety Days Expiring on Defendant's Motion to dismiss Plaintiff's Amended complaint & Defendant's Motion to disqualify Plaintiff's counsel by Britney Elder (Mathis, Reginald)
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Filing 47
MEDIATION REPORT by Patrick Russell. Disposition: Case did not settle.(Salmon, John)
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Filing 46
NOTICE of Mediator Selection and Hearing. Selected/Added Patrick Russell as Mediator. Mediation Hearing set for 6/20/2022 at 2:00 p.m.. (Salmon, John)
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Filing 45
Amended NOTICE of Mediator Selection. Mitchell, Ariel Selected/Added Patrick Russell as Mediator. (Mathis, Reginald)
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Filing 44
PAPERLESS ORDER granting #43 Joint Motion to Show Cause and Amend Order for Mediation. The parties shall file a new Notice of Scheduling Mediation by May 31, 2022. Plaintiff may appear at the rescheduled mediation via video-conference. Signed by Judge Rodney Smith on 5/24/2022. (cbn)
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Filing 43
Joint MOTION to Amend/Correct #42 Order to Show Cause, #20 Order Referring Case to Mediation by David Saulsberry. Responses due by 6/6/2022 (Attachments: #1 Exhibit)(Mitchell, Ariel)
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Filing 42
ORDER TO SHOW CAUSE. Show Cause Response due by 5/23/2022. Signed by Judge Rodney Smith on 5/19/2022. See attached document for full details. (ebz)
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Filing 41
RESPONSE in Support re #37 Defendant's MOTION to Dismiss with Prejudice #1 Complaint, Plaintiff, David Saulsberry filed by Britney Elder. (Mathis, Reginald)
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Filing 40
RESPONSE in Opposition re #39 First MOTION to Strike #36 Defendant's MOTION to Disqualify Counsel Ariel Mitchell filed by Britney Elder. Replies due by 5/17/2022. (Mathis, Reginald)
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Filing 39
First MOTION to Strike #36 Defendant's MOTION to Disqualify Counsel by David Saulsberry. Responses due by 5/17/2022 (Attachments: #1 Exhibit)(Mitchell, Ariel)
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Filing 38
RESPONSE in Opposition re #37 Defendant's MOTION to Dismiss with Prejudice #1 Complaint, filed by David Saulsberry. Replies due by 5/10/2022. (Attachments: #1 Exhibit)(Mitchell, Ariel)
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Filing 37
Defendant's MOTION to Dismiss with Prejudice #1 Complaint, by Britney Elder. Responses due by 5/3/2022 (Mathis, Reginald)
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Filing 36
Defendant's MOTION to Disqualify Counsel by Britney Elder. Responses due by 5/3/2022 (Mathis, Reginald)
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Filing 35
First AMENDED COMPLAINT against Britney Elder filed in response to Order Granting Motion for Leave, filed by David Saulsberry. (Attachments: #1 Exhibit)(Mitchell, Ariel)
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Filing 34
PAPERLESS ORDER DENYING AS MOOT #9 Defendant's Motion to Dismiss based upon #32 Plaintiff's Motion for Leave to Amend Complaint. Signed by Magistrate Judge Alicia O. Valle on 3/28/2022. (sd01)
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Filing 33
PAPERLESS ORDER GRANTING #32 Plaintiff's Unopposed Motion for Leave to Amend Complaint. Pursuant to Local Rule 15.1, within two business days from the date of this Order, Plaintiff must separately file the Amended Complaint. Defendant must answer or otherwise respond to the Amended Complaint within 21 days of the filing. Signed by Magistrate Judge Alicia O. Valle on 3/28/2022. (sd01)
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Filing 32
Unopposed MOTION to Amend/Correct #1 Complaint, First Amended Complaint by David Saulsberry. Responses due by 4/8/2022 (Attachments: #1 Text of Proposed Order proposed order, #2 Exhibit Exhibit 1 Amended Complaint, #3 Exhibit Amended Complaint Exhibits A-F)(Mitchell, Ariel)
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Filing 31
First NOTICE of Mediator Selection. Rick Ciravalo Selected/Added Rick Ciravolo as Mediator. (Mathis, Reginald)
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Filing 30
Clerks Notice to Filer re #29 Notice of Mediator Selection and/or Hearing. Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ebz)
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Filing 29
First NOTICE of Mediator Selection. Rick Ciravalo Selected/Added Britney Elder as Mediator. (Mathis, Reginald)
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Filing 28
Clerks Notice to Filer re #27 Notice (Other). Mediator Not Added; ERROR - The Filer failed to add all parties from the complaint/petition/removal, etc. or the mediator. Filer is instructed to file a Notice of Entry of Parties Listed into CM/ECF and add the additional parties/mediator. (ebz)
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Filing 27
NOTICE by Britney Elder Notice for Mediator (Mathis, Reginald)
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Filing 26
PAPERLESS ORDER STRIKING #25 Notice to the Court of Mediator, which indicates that mediation shall take place via Zoom. The Court's Order of Referral to Mediation states that mediation appearances "shall be in person; telephonic or videoconference appearance is prohibited." The parties shall file an amended Notice of Mediation by March 25, 2022 that complies with the Court's prior order. Signed by Judge Rodney Smith on 3/21/2022. (cbn)
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Filing 25
STRICKEN NOTICE to the Court of Mediator by Britney Elder (Mathis, Reginald) Modified on 3/21/2022 per DE 26 Order (kpe).
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Filing 24
PAPERLESS ORDER granting in part and denying in part #23 Second Unopposed Motion for Extension of Time to File Amended Complaint. While Plaintiff has still failed to show "good cause," leave to amend should be freely given. However, because Plaintiff has failed to show good cause and has not explained why he needs an additional thirty days, Plaintiff shall file his amended complaint by March 25, 2022. Signed by Judge Rodney Smith on 3/14/2022. (cbn)
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Set/Reset Deadlines/Hearings per DE# 24 Order. Amended Complaint due by 3/25/2022. (ebz)
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Filing 23
Unopposed MOTION for Extension of Time to Amend #19 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, Second, for 30 days by David Saulsberry. Responses due by 3/21/2022 (Mitchell, Ariel)
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Filing 22
PAPERLESS ORDER denying #21 Unopposed Motion for Extension of Time to File Amended Complaint. Plaintiff has failed to show "good cause," as required by Federal Rule of Civil Procedure 16(b)(4). Signed by Judge Rodney Smith on 3/4/2022. (cbn)
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Filing 21
Unopposed MOTION for Extension of Time to file Amended Complaint for 30 days re #19 Scheduling Order,,,, Order Referring Case to Magistrate Judge,,, by David Saulsberry. Responses due by 3/21/2022 (Mitchell, Ariel)
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Filing 20
ORDER REFERRING CASE to Mediation. Mediation Deadline 7/15/2022. Signed by Judge Rodney Smith on 3/1/2022. See attached document for full details. (lbc)
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Filing 19
ORDER SETTING CIVIL TRIAL DATE, PRETRIAL DEADLINES, AND REFERRAL TO MAGISTRATE JUDGE. Jury Trial set for 1/2/2023 before Judge Rodney Smith., Calendar Call set for 12/27/2022 09:00 AM before Judge Rodney Smith., Amended Pleadings due by 3/7/2022., Expert Discovery due by 6/30/2022., Fact Discovery due by 6/30/2022., Joinder of Parties due by 3/7/2022., Mediation Deadline 7/15/2022., In Limine Motions due by 11/28/2022., Dispositive Motions due by 7/22/2022., Motions due by 11/28/2022., Pretrial Stipulation due by 11/28/2022., ORDER REFERRING CASE to Magistrate Judge Alicia O. Valle for Discovery Matters. Signed by Judge Rodney Smith on 3/1/2022. See attached document for full details. (lbc) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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Filing 18
ORDER REFERRING #9 Defendant's MOTION TO DISMISS. Motions referred to Judge Alicia O. Valle. Signed by Judge Rodney Smith on 3/1/2022. See attached document for full details. (lbc)
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Filing 17
Defendant's REPLY to Plaintiff's opposition to MTD by Britney Elder. (Mathis, Reginald)
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Filing 16
RESPONSE in Opposition re #9 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by David Saulsberry. Replies due by 1/27/2022. (Attachments: #1 Exhibit A- text sent by Defendant to roomate)(Mitchell, Ariel)
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Filing 15
First Notice and Consent to Jurisdiction US Magistrate Judge signed by all parties Joint motion. Filed by David Saulsberry (Attachments: #1 Designation)(Mitchell, Ariel)
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Filing 14
First SCHEDULING REPORT - Rule 16.1 by David Saulsberry (Attachments: #1 Text of Proposed Order)(Mitchell, Ariel)
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Filing 13
PAPERLESS ORDER granting #12 Plaintiff's Unopposed Motion for Extension of Time to Respond to the Court's November 23, 2021 Order and Defendant's Motion to Dismiss. Plaintiff shall file his response to the Motion to Dismiss and the parties shall file their Joint Scheduling Report, Certificates of Interested Parties, and Corporate Disclosure Statements by January 20, 2022. Signed by Judge Rodney Smith on 12/20/2021. (cbn)
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Reset Deadlines Per DE#13. Joint Scheduling Report due by 1/20/2022 Responses due by 1/20/2022 (cqs)
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Filing 12
First MOTION for Extension of Time Unopposed to Respond to Courts Order and Defendant's Motion to Dismiss Unopposed re #8 Order Requiring Joint Scheduling Report, #9 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by David Saulsberry. Responses due by 1/3/2022 (Mitchell, Ariel)
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Filing 11
PAPERLESS ORDER denying #10 Plaintiff's Motion for Extension of Time to Respond to the Court's November 23, 2021 Order and Defendant's Motion to Dismiss. Plaintiff has failed to comply with Local Rule 7.1(a)(3). Signed by Judge Rodney Smith on 12/17/2021. (cbn)
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Filing 10
First MOTION for Extension of Time to file Opposition Motion and to respond to the Court's November 23, 2021 Order re #8 Order Requiring Joint Scheduling Report, #9 Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by David Saulsberry. Responses due by 1/3/2022 (Mitchell, Ariel)
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Filing 9
Defendant's MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Britney Elder. Attorney Reginald Alexander Mathis added to party Britney Elder(pty:dft). Responses due by 12/22/2021 (Attachments: #1 Exhibit Social Media Post)(Mathis, Reginald)
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Filing 8
ORDER REQUIRING JOINT SCHEDULING REPORT, CERTIFICATES OF INTERESTED PARTIES AND CORPORATE DISCLOSURE STATEMENTS. Joint Scheduling Report due by 12/20/2021 Signed by Judge Rodney Smith on 11/23/2021. See attached document for full details. (ebz)
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Filing 7
SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by David Saulsberry. Britney Elder served on 11/18/2021, response/answer due 12/9/2021. (Mitchell, Ariel)
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Filing 6
PAPERLESS ORDER denying #4 #5 Emergency Petition for Gag Order. Plaintiff has failed to comply with the Local Rule regarding emergency motions. Signed by Judge Rodney Smith on 11/17/2021. (cbn)
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Filing 5
STIPULATION for non disclosure by all parties- Petition for Gag Order by David Saulsberry (Mitchell, Ariel)
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Filing 4
First EMERGENCY MOTION with Certification of Emergency included by David Saulsberry. Responses due by 12/1/2021 (Mitchell, Ariel)
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Filing 3
Summons Issued as to Britney Elder. (ebz)
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Filing 2
Clerks Notice of Judge Assignment to Judge Rodney Smith. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia O. Valle is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (ebz)
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Filing 1
COMPLAINT for Libel per se, Defamation per se, Slander per se, Intentional Infliction of Emotional Distress and Tortious Interference with a Business Relationship against All Defendants. Filing fees $ 402.00. Pay.gov Agency Tracking ID FLSDC-AFLSDC-15179740, payment transferred from : 21CV62361 David Saulsberry vs. Britney Elder, filed by David Saulsberry. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(Mitchell, Ariel)
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