Freeman v. President of the United States of America acting by and through Joseph Biden
| Ronald Freeman |
| President of the United States of America acting by and through Joseph Biden |
| 0:2023cv60074 |
| January 17, 2023 |
| US District Court for the Southern District of Florida |
| Lauren Fleischer Louis |
| K Michael Moore |
| Civil Rights: Other |
| 28 U.S.C. ยง 1361 Petition for Writ of Mandamus |
| None |
Docket Report
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| Filing 13 Defendant's MOTION to Stay Proceedings Pending Resolution of Dispositive Motion to Dismiss by President of the United States of America acting by and through Joseph Biden. Responses due by 3/31/2023 (Attachments: #1 Text of Proposed Order, #2 Exhibit Letter of Conferral)(Brown, Latoya) |
| Filing 12 Defendant's MOTION to Dismiss for Lack of Jurisdiction #1 Petition (Complaint) for Writ of Mandamus , MOTION TO DISMISS #1 Petition (Complaint) for Writ of Mandamus FOR FAILURE TO STATE A CLAIM ( Responses due by 3/1/2023), Motion to Dismiss Case as Frivolous #1 Petition (Complaint) for Writ of Mandamus ( Responses due by 3/1/2023) by President of the United States of America acting by and through Joseph Biden. Attorney Latoya Crystal Brown added to party President of the United States of America acting by and through Joseph Biden(pty:dft). (Brown, Latoya) |
Filing 11
PAPERLESS ORDER denying #5 Motion for Writ of Mandamus. Pursuant to the District Court's Order (ECF No. 9), the emergency designation was stricken. The #5 Motion seeks no other relief than an expedited ruling on the underlying petition. Accordingly, the Motion is DENIED. Signed by Magistrate Judge Lauren Fleischer Louis on 1/21/2023. (as06)
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Filing 10
PAPERLESS ORDER REFERRING MOTIONS. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to United States Magistrate Judge Lauren Fleischer Louis to take all necessary and proper action as required by law and/or issue a Report and Recommendation regarding Plaintiff's Motion for Writ of Mandamus #5 . Signed by Judge K. Michael Moore on 1/17/2023. (fpi)
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Filing 9
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's Emergency Motion for Writ of Mandamus. #5 . Rule 7.1(d)(2) of the Southern District of Florida Local Rules provides that an emergency motion "must set forth in detail the nature of the emergency, the date by which a ruling is necessary, and the reason the ruling is needed by the stated date." S.D. Fla. L.R. 7.1(d)(1). Plaintiff's Motion (which was filed today, January 17, 2023) states that "[a] ruling on this motion is needed by January 17, 2023 because Plaintiff will be denied justice if he doesn't obtain a ruling on January 17, 2023." See #5 at 1. Because Plaintiff does not "set forth in detail the nature of the emergency" nor "the reason the ruling is needed by" today, Plaintiff has not complied with the Southern District of Florida Local Rules, and without such compliance the Court does not consider Plaintiff's Motion to require an emergency basis. Therefore, the Court will consider Plaintiff's Motion in the ordinary course. Signed by Judge K. Michael Moore on 1/17/2023. (fpi)
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Filing 8
PAPERLESS ORDER REFERRING PRETRIAL MATTERS TO MAGISTRATE JUDGE LAUREN F. LOUIS. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, this case is hereby referred to United States Magistrate Judge Lauren F. Louis to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters including discovery, and for a Report and Recommendation on any dispositive matters. In addition, the Parties are hereby ORDERED to comply with Magistrate Judge Louis's discovery procedures. Signed by Judge K. Michael Moore on 1/17/2023. (fpi)
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Filing 7
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 1/17/2023. (fpi)
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| Filing 6 ACKNOWLEDGMENT OF SERVICE as to #4 Summons Issued filed by Ronald Freeman. (jas) |
| Filing 5 EMERGENCY MOTION for Writ of Mandamus by Ronald Freeman. (jas) |
| Filing 4 Summons Issued as to President of the United States of America acting by and through Joseph Biden. (amb) |
| Filing 3 Clerks Notice of Judge Assignment to Judge K. Michael Moore. (amb) |
| Filing 2 Clerks Notice of Receipt of Filing Fee received on 1/17/2023 in the amount of $ 402.00, receipt number 16458 (amb) |
| Filing 1 Petition (Complaint) for Writ of Mandamus against President of the United States of America acting by and through Joseph Biden. Filing fee $ 402.00, filed by Ronald Freeman. (Attachments: #1 Civil Cover Sheet)(amb) |
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| Plaintiff: Ronald Freeman | |
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| Defendant: President of the United States of America acting by and through Joseph Biden | |
| Represented By: | Latoya Crystal Brown |
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