Caban v. Attorney General of the State of Florida et al
| Emilio Caban |
| Attorney General of the State of Florida, State of Florida Office of Executive Clemency, Attorney General United States of America, Governor of the State of Florida, Chief Financial Officer of the State of Florida and Commissioner of Agriculture of the State of Florida |
| 0:2023cv61316 |
| July 11, 2023 |
| US District Court for the Southern District of Florida |
| Panayotta D Augustin-Birch |
| Donald M Middlebrooks |
| Civil Rights: Other |
| 28 U.S.C. § 1343 Violation of Civil Rights |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on September 6, 2023. A more recent docket listing may be available from PACER.
| Document Text |
|---|
| Filing 31 Pretrial Scheduling Order And Order Referring Case To Mediation re #10 Order Referring Case And Setting Trial Date : Amended Pleadings due by 10/19/2023. Discovery due by 2/8/2024. Joinder of Parties due by 10/19/2023. In Limine Motions due by 2/22/2024. Dispositive Motions due by 2/22/2024. Motions due by 2/22/2024. Pretrial Stipulation due by 3/25/2024. Jury Trial set for 4/22/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 4/17/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 9/6/2023. See attached document for full details. (rbe) #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. |
| Filing 30 PAPERLESS Minute Entry for proceeding held before US Magistrate Judge Panayotta D Augustin-Birch: Scheduling Conference held on 9/6/2023. Total time in court: 0 hours : 20 minutes. Appearances: Emilio Caban, Christopher Michael Sutter. (sk01) |
| Filing 29 Defendant's MOTION to Dismiss #27 Amended Complaint/Amended Notice of Removal, by Attorney General of the State of Florida. Responses due by 9/19/2023 (Attachments: #1 Exhibit Exhibit A-Rules of Executive Clemency, #2 Text of Proposed Order Proposed Order on Motion to Dismiss)(Sutter, Christopher) |
| Filing 28 NOTICE of Dropping Party by Emilio Caban (pcs) |
| Filing 27 AMENDED COMPLAINT against Attorney General United States of America, Attorney General of the State of Florida, Chief Financial Officer of the State of Florida, Commissioner of Agriculture of the State of Florida, Governor of the State of Florida, filed by Emilio Caban.(pcs) |
| Filing 26 PAPERLESS ORDER denying as moot #11 Defendants' Motion to Dismiss Complaint in light of #19 Plaintiff's Amended Complaint. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 8/23/2023. (sk01) |
| Filing 25 PAPERLESS ORDER denying #23 Plaintiff's Motion for Permission for Electronic Filing. Under Rule 2C of the Southern District of Florida's CM/ECF NextGen Administrative Procedures, pro se litigants are not permitted to file electronically and must file documents conventionally, such as in person or by United States mail. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 8/23/2023. (sk01) |
| Filing 24 PAPERLESS ORDER granting #22 Amended Agreed Joint Motion for Continuance of Scheduling Conference. The Scheduling Conference in this matter is reset for September 6, 2023, at 9:30 a.m. Eastern Standard Time in the Fort Lauderdale Division before United States Magistrate Judge Augustin-Birch. The Scheduling Conference will be conducted in person at the United States Federal Courthouse, 299 East Broward Boulevard, Fort Lauderdale, Florida 33301. Any motions to modify the existing trial date should be filed two business days prior to the Scheduling Conference. Motions to modify the trial date must specifically state the basis for the request, including detailed factual support, and must provide a compelling reason. The parties are further advised that the Court is strongly disinclined to modify the trial date based upon the scheduling "tracks" contained within the Local Rules and/or based upon vague references to the complexities of the case. Because of the expedited nature of the Scheduling Conference, the parties are relieved of the conference report requirement of Local Rule 16.1(b). Any motion to continue the Scheduling Conference must include at least three alternative dates on which all counsel and any pro se parties are available for a rescheduled Conference. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 8/23/2023. (sk01) |
| Filing 23 MOTION for Permission for Electronic Filing by Emilio Caban. (pcs) |
| Filing 22 Amended Agreed Joint MOTION for Continuance of Scheduling Conference by Emilio Caban. Responses due by 9/5/2023 (pcs) |
| Filing 21 NOTICE of Dropping Party by Emilio Caban (pcs) |
| Filing 20 Summons Issued as to Governor of the State of Florida. (pcs) |
| Filing 19 AMENDED COMPLAINT against Attorney General United States of America, Attorney General of the State of Florida, Governor of the State of Florida, Chief Financial Officer of the State of Florida, Commissioner of Agriculture of the State of Florida, filed by Emilio Caban.(pcs) |
Filing 18
Order Of Reference To Magistrate Judge.This case is hereby REFERRED to United States Magistrate Judge Panayotta D. Augustin-Birch for all pre-trial matters and a Report and Recommendation for any dispositive issue. Signed by Judge Donald M. Middlebrooks on 8/21/2023. See attached document for full details. (rbe)
|
| Filing 17 PAPERLESS ORDER denying without prejudice #16 Agreed Joint Motion for Continuance of Scheduling Conference. The parties provided three October dates as alternative dates for the Scheduling Conference. However, given the short trial track in this case, pretrial deadlines will necessarily begin to pass in October and November. Those deadlines will be reflected in a Scheduling Order that the Court will issue following the Scheduling Conference, and therefore the Scheduling Conference must be held before October. The parties may refile a motion to continue that provides their availability on August 28 and 31 and through the month of September. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 8/18/2023. (sk01) |
| Filing 16 Joint MOTION to Continue Scheduling Conference re #12 Order Setting/Cancelling Hearing, by Attorney General of the State of Florida, State of Florida Office of Executive Clemency. Responses due by 9/1/2023 (Attachments: #1 Exhibit Proposed Order on Joint Motion Continuance)(Sutter, Christopher) |
| Filing 15 Defendant's NOTICE by Attorney General of the State of Florida, State of Florida Office of Executive Clemency re #11 Defendant's MOTION to Dismiss #1 Complaint, of Filing of Linked Document (Attachments: #1 Exhibit Ex 1-Proposed Order State Defendants MTD) (Sutter, Christopher) |
| Filing 14 Clerk's Notice of Docket Correction re #12 Order Setting/Cancelling Hearing,. Incorrect District Judge Selected; Corrected by the Clerk. (sk) |
| Filing 13 CLERK'S Notice Of Compliance re #12 Order Setting Scheduling Conference. Per Order, a copy of this order was mailed to Plaintiff Emilio Caban. (rbe) |
|
Filing 12
Order Setting Scheduling Conference. Scheduling Conference set for 8/29/2023 03:00 PM in Fort Lauderdale Division before Magistrate Judge Panayotta D Augustin-Birch. Signed by US Magistrate Judge Panayotta D Augustin-Birch on 8/14/2023. See attached document for full details. (rbe) Modified text/status per Chambers on 8/14/2023 (sk).
|
| Filing 11 Defendant's MOTION to Dismiss #1 Complaint, by Attorney General of the State of Florida, State of Florida Office of Executive Clemency. Attorney Christopher Michael Sutter added to party Attorney General of the State of Florida(pty:dft), Attorney Christopher Michael Sutter added to party State of Florida Office of Executive Clemency(pty:dft). Responses due by 8/28/2023 (Sutter, Christopher) |
| Set/Reset Hearings Scheduling Conference set for 8/29/2023 03:00 PM before US Magistrate Judge Panayotta D Augustin-Birch. Per Chambers - See Order ECF No. #12 Order Setting Scheduling Conference. (sk) |
|
Filing 10
Order Referring Case And Setting Trial Date : Jury Trial set for 4/22/2024 09:00 AM in West Palm Beach Division before Judge Donald M. Middlebrooks. Calendar Call set for 4/17/2024 01:15 PM in West Palm Beach Division before Judge Donald M. Middlebrooks. The above-captioned cause is hereby referred to United States Magistrate Judge Panayotta Augustin-Birch to conduct a Scheduling Conference, pursuant to Local Rule 16.1.B, for the purpose of setting pre-trial deadline dates, for determining possible consent to the jurisdiction of the Magistrate Judge for trial, and for the purpose of setting any settlement conferences in lieu of or in addition to mediation if the parties so request. Signed by Judge Donald M. Middlebrooks on 8/9/2023. See attached document for full details. (rbe) #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.
|
|
Filing 9
Order Regarding Service Of Process. Plaintiff must secure service on a defendant within 90 days after the filing of a complaint. Fed. R. Civ. P. 4(m). Thus, Plaintiff must perfect service on or before November 14,2023. Signed by Judge Donald M. Middlebrooks on 7/17/2023. See attached document for full details. (rbe)
|
| Filing 8 Summons Issued as to Attorney General United States of America, Attorney General of the State of Florida, State of Florida Office of Executive Clemency. (ebz) |
| Filing 7 Clerks Notice of Receipt of Filing Fee received on 7/14/2023 in the amount of $ 402.00, receipt number 17095. (ebz) |
|
Filing 6
ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS Signed by Judge Donald M. Middlebrooks on 7/12/2023. See attached document for full details. (pc)
|
|
Filing 5
ORDER DENYING APPLICATION TO PROCEED IN FORMA PAUPERIS AND REQUIRING PAYMENT OF $402 FILING FEE OR FILING A RENEWED NON-PRISONER, APPLICATION TO PROCEED IN FORMA PAUPERIS WITH SUPPORTING DOCUMENTATION:. Accordingly, it is ORDERED AND ADJUDGED that: The Application to Proceed in District Court Without Pre-Paying Fees or Costs (DE #3 ) is DENIED without prejudice. On or before July 24, 2023, Plaintiff shall either pay the $402 filing fee, or file a renewed Application to proceed In Forma Pauperis ("IFP") in this matter. Filing Fee due by 7/24/2023. Signed by Judge Donald M. Middlebrooks on 7/12/2023. See attached document for full details. (pc)
|
| Filing 4 Consent by Pro Se Litigant (Non-Prisoner) Emilio Caban to receive Notices of Electronic Filing at email address: emiliocaban@gmail.com (pc) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Emilio Caban. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Panayotta Augustin-Birch 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. (pc) |
| Filing 1 COMPLAINT for Declaratory Relief and Injunctive Relief against Attorney General United States of America, Attorney General of the State of Florida, State of Florida Office of Executive Clemency. Filing fees $ 402.00 (FEE NOT PAID). IFP Filed, filed by Emilio Caban. (Attachments: #1 Civil Cover Sheet, #2 Summon(s))(pc) |
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 Southern 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.
