Hyppolite v. UNITED STATES OF AMERICA et al
| Edline Hyppolite |
| UNITED STATES OF AMERICA doing business as United States Marshals Service and Sheriff Gregory Tony |
| 0:2026cv60053 |
| January 9, 2026 |
| U.S. District Court for the Southern District of Florida |
| Melissa Damian |
| Motor Vehicle |
| 28 U.S.C. ยง 1441 Notice of Removal-Tort/Motor Vehicle (P.I.) |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 29, 2026. A more recent docket listing may be available from PACER.
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Filing 11
ORDER ON DEFENDANT UNITED STATES OF AMERICA'S MOTION TO DISMISS FOR LACK OF SUBJECT MATTER JURISDICTION granting DE #6 Motion to Dismiss for Lack of Jurisdiction. The Clerk of Court is directed to CLOSE this case. Signed by Judge Melissa Damian on 6/29/2026. See attached document for full details. (cwc)
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| Filing 10 Defendant's REPLY in Support of Motion re #6 Defendant's MOTION to Dismiss for Lack of Jurisdiction . filed by United States of America. (Romero, Kelsi) |
| Filing 9 RESPONSE in Opposition re #6 Defendant's MOTION to Dismiss for Lack of Jurisdiction filed by Edline Hyppolite. Replies due by 2/6/2026. (Attachments: #1 Exhibit Exhibit 1 - Plaintiffs Initial Complaint, #2 Exhibit Exhibit 2 - BSO Motion to Dismiss for Improper Venue, #3 Exhibit Exhibit 3 - Agreed Order, #4 Exhibit Exhibit 4 - Plaintiffs Amended Complaint, #5 Exhibit Exhibit 5 - Answer To Amended Complaint, #6 Exhibit Exhibit 6 - BSO Motion To Stay, #7 Exhibit Exhibit 7 -Plaintiffs Response To Motion to Stay, #8 Exhibit Exhibit 8 - Order on Motion for Leave to Amend, #9 Exhibit Exhibit 9 - Order on Motion to Stay, #10 Exhibit Exhibit 10 - Email Correspondence, #11 Exhibit Exhibit 11 - Agreed Order on CMC)(Thompson, Jermaine) |
| Filing 8 Notice of Supplemental Authority Scope Certification by United States of America (Attachments: #1 Exhibit A-Scope Certification) (Romero, Kelsi) |
| Filing 7 STATUS REPORT Removal by UNITED STATES OF AMERICA (Attachments: #1 Exhibit A-state court docs 1, #2 Exhibit B-state court docs 2, #3 Exhibit C-state court docs 3)(Romero, Kelsi) |
| Filing 6 Defendant's MOTION to Dismiss for Lack of Jurisdiction by UNITED STATES OF AMERICA. Responses due by 1/30/2026. (Attachments: #1 Exhibit 1-Order granting leave to amend, #2 Exhibit 2-Second Amended Complaint)(Romero, Kelsi) |
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Filing 5
PAPERLESS ORDER ON COURT PRACTICE IN CASES WITH MULTIPLE DEFENDANTS THIS CAUSE is before the Court upon a sua sponte review of the record. To better manage the orderly progress of the case, it is hereby ORDERED as follows:1. Defendants shall file their responses and motions jointly. a. If there are conflicts of position, the co-Defendants shall file a motion for leave to file separate responses or motions, in which they must describe what those conflicts are.b. If the co-Defendants need more than twenty (20) pages for their joint responses or motions, they shall file a motion for leave to file excess pages, which the Court will consider expeditiously. 2. The co-Defendants may file separate answers to the Complaint. Unless otherwise ordered by the Court, the time for responsive pleadings--for all Defendants--begins to run once all Defendants have either (1) been served or (2) waived service. If the Defendants face response periods of different lengths--say, because one Defendant has been personally served whereas another has waived service--all Defendants will be subject to the longest of those response periods. 3. Although all Defendants will be subject to the longest of all response periods, each served Defendant must still file a notice of appearance within twenty-one (21) days of being served with the Complaint (or sixty (60) days if service is waived).4. Failure to comply with these procedures may result in sanctions, including the striking of the motion(s) or response(s). Signed by Judge Melissa Damian on 1/13/2026. (oco)
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Filing 4
PAPERLESS ORDER ON COURT PRACTICE IN REMOVAL CASES THIS CAUSE is before the Court upon a sua sponte review of the record.In the event counsel for the non-removing party seeks to file a motion to remand the case based on any defect other than lack of subject matter jurisdiction, such a motion must be filed within thirty (30) days after the filing of the notice of removal under 28 U.S.C. 1446(b). The issue of lack of subject matter jurisdiction may be raised at any time. See 28 U.S.C. 1447(c).Counsel for the removing party is directed to file and serve a Removal Status Report no later than fourteen (14) days from the date of this Order. Failure to file a timely Removal Status Report shall be ground for remand. In addition to the Removal Status Report, counsel for the removing party must file copies of all records in the state court proceedings by that date.The Removal Status Report shall contain the following:1. A plain statement of the nature of the claim and any counterclaim, cross-claim or third-party claim made in state or federal court, including the amount of damages claimed and any other relief sought. 2. A plain statement of the ground for removal and a listing of all parties to the action, including parties to any third-party claim.3. A list of all pending motions.4. A brief statement by each Defendant explaining whether or not each has joined in or consented to the notice of removal.5. A statement regarding whether the Defendant(s) have removed the action within thirty (30) days after the receipt by the Defendant(s), through service or otherwise, of a copy of the initial pleading setting forth the claim for relief upon which the action or proceeding is based, or within thirty (30) days after service of summons upon the Defendant(s), if such initial pleading has then been filed in court and is not required to be served on the Defendant(s) in the action. If the removing party has provided some or all of the above information, briefly summarize the information requested and direct the Court to the location of the information in the record. Failure of the removing party or parties to timely provide in the Removal Status Report the information requested above, or information required by 28 U.S.C. 1446(a), may result in remand of the action.Counsel for the removing party shall provide copies of this Notice to all concerned parties. Signed by Judge Melissa Damian on 1/13/2026. (oco)
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| Filing 3 NOTICE of Compliance by UNITED STATES OF AMERICA (Attachments: #1 Exhibit A-State Court Notice) (Romero, Kelsi) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Melissa Damian. 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. (cwc) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - SECOND AMENDED COMPLAINT FOR MONEY DAMAGES AND DEMAND FOR A JURY TRIAL) Filing fee $405.00. USA Filer - No Filing Fee Required, filed by UNITED STATES OF AMERICA. (Attachments: #1 Exhibit 1-State Court Docket Sheet, #2 Exhibit 2-State Court Second Amended Complaint, #3 Exhibit 3-Return of Service USAO, #4 Exhibit 4-Served docs on USAO, #5 Civil Cover Sheet)(Romero, Kelsi) (Answer filed by Gregory Tony 12/17/24 and 10/13/25 Per State Court Docket Sheet) Modified Text on 1/9/2026 (cwc). |
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