Zapata v. Folliard et al
Plaintiff: Randy Zapata
Defendant: Carmax, Thomas J. Folliard, Miami Mercedes Benz Dealer and AutoNation Miami Mercedes Benz Dealer
Case Number: 1:2017cv23170
Filed: August 21, 2017
Court: US District Court for the Southern District of Florida
Office: Miami Office
County: Miami-Dade (Office: Miami)
Presiding Judge: Jose E Martinez
Referring Judge: Alicia M Otazo-Reyes
Nature of Suit: Other Statutes: False Claims Act
Cause of Action: 31 U.S.C. § 3731 Fraud
Jury Demanded By: None
Docket Report

This docket was last retrieved on August 2, 2018. A more recent docket listing may be available from PACER.

Date Filed Document Text
August 2, 2018 Opinion or Order Filing 33 ORDER denying #32 Motion for Reconsideration. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/2/2018. See attached document for full details. (kmh)
May 14, 2018 Filing 32 MOTION for Reconsideration re #31 Order on Motion for Miscellaneous Relief,, Order on Motion for Hearing,,, by Randy Zapata. (ebz) Modified on 5/15/2018 (ebz).
May 7, 2018 Opinion or Order Filing 31 ORDER denying #24 MOTION for Reconsideration; denying as moot #25 MOTION to Inquire about Status on the Scheduling; denying #29 MOTION to Summons to Set Hearing date and Compliance to Order Expediting Service to Defendants. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 5/7/2018. (kmh)
May 7, 2018 Filing 30 Clerks Notice of Docket Correction re 26 Summons Returned Executed, 27 Summons Returned Executed. Document Filed in Wrong Case; Document restricted and docket text modified. Document refiled in correct case # 18cv21150-MGC. (dm)
May 4, 2018 Filing 29 MOTION to Summons to Set Hearing date and Compliance to Order Expediting Service to Defendants by Randy Zapata. (yha)
May 4, 2018 Filing 28 NOTICE of Compliance To Order Expediting Service to Defendants by Randy Zapata (ebz)
February 22, 2018 Filing 25 MOTION to Inquire about Status on the Scheduling by Randy Zapata. (rms1)
February 9, 2018 Filing 24 MOTION for Reconsideration re #20 Order on Report and Recommendations. MOTION to Reopen Case by Randy Zapata. (lk)
February 2, 2018 Filing 23 Clerks Notice of Docket Correction re #21 MOTION to Dismiss #1 Complaint. Document Restricted Due to Error; The correct document has been docketed as DE #22 . (lk)
February 1, 2018 Filing 22 OBJECTIONS to #18 Report and Recommendations by Randy Zapata. (lk)
February 1, 2018 Filing 21 Entry made in error (lk) Modified text and restricted image on 2/2/2018 (lk).
January 31, 2018 Opinion or Order Filing 20 ORDER AFFIRMING AND ADOPTING REPORT AND RECOMMENDATIONS re #18 Report and Recommendations. Certificate of Appealability: No Ruling. Closing Case and all pending motions are DENIED AS MOOT. Motions terminated: #15 MOTION for Hearing filed by Randy Zapata, #18 REPORT AND RECOMMENDATIONS re #1 Complaint filed by Randy Zapata, #16 MOTION for Hearing filed by Randy Zapata. Signed by Judge Jose E. Martinez on 1/30/2018. (lk) NOTICE: If there are sealed documents in this case, they may be unsealed after 1 year or as directed by Court Order, unless they have been designated to be permanently sealed. See Local Rule 5.4 and Administrative Order 2014-69.
January 22, 2018 Filing 19 NOTICE of Inquiry of status of hearing scheduling by Randy Zapata re #17 Notice (Other). Docket sheet mailed to petitioner. (lk)
December 13, 2017 Filing 18 REPORT AND RECOMMENDATION re #1 Complaint. Recommending Plaintiff's action be dismissed. Objections to R&R due by 12/27/2017. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 12/13/2017. (kmh)
December 4, 2017 Filing 17 NOTICE of Inquiry of Status of this case filed by Randy Zapata. Copy of docket sheet mailed to filer. (asl)
November 20, 2017 Filing 16 Amendment to add Further Evedences(sic) to MOTION to set Hearing date and to set forth evidences in compliance to Order to show cause by Randy Zapata. (yha)
November 13, 2017 Filing 15 MOTION to set Hearing date and to set forth evidences in compliance to Order to show cause by Randy Zapata. (lk)
November 1, 2017 Opinion or Order Filing 14 ORDER TO SHOW CAUSE. Show Cause Response due by 11/21/2017. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 11/1/2017. (kmh)
September 27, 2017 Opinion or Order Filing 13 ORDER granting #12 Motion for Leave to Proceed in forma pauperis. USM Service Ordered and Summonses NOT provided for USM Service. Deadline is 10/26/2017 for Plaintiff to file summonses as to Defendants Folliard, AutoNation and Carmax. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/26/2017. (sl)
September 25, 2017 Filing 12 MOTION for Leave to Proceed in forma pauperis by Randy Zapata. (ail)
September 15, 2017 Set/Reset Answer Due Deadline as per DE 11 : AutoNation Miami Mercedes Benz Dealer response due 9/29/2017. (lk)
September 14, 2017 Opinion or Order Filing 11 PAPERLESS ORDER granting #10 Motion for Extension of Time. Response due by September 29, 2017. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/14/2017. (kmh)
September 13, 2017 Filing 10 MOTION for Extension of Time TO RESPOND TO COMPLAINT re #1 Complaint by AutoNation Miami Mercedes Benz Dealer. Responses due by 9/27/2017 (Ivers, Richard)
September 7, 2017 Filing 9 NOTICE of Attorney Appearance by Richard Alan Ivers on behalf of AutoNation Miami Mercedes Benz Dealer. Attorney Richard Alan Ivers added to party AutoNation Miami Mercedes Benz Dealer(pty:dft). (Ivers, Richard)
September 6, 2017 Opinion or Order Filing 8 ORDER granting #7 Motion for Extension of Time to Pay Filing Fees. Plaintiff must file a completed Application to Proceed in District Court Without Prepaying Fees or Costs, or pay the $400 filing fee, within 15 days from the date of this Order. Signed by Magistrate Judge Alicia M. Otazo-Reyes on 9/6/2017. (yar)
August 31, 2017 Filing 7 MOTION for Extension of Time to Pay Filing Fees. Responses due by 9/14/2017 (ail)
August 31, 2017 Filing 6 NOTICE of Verification of Parties by Randy Zapata (party modified to reflect AutoNation Miami Mercedes Benz Dealer). (ail)
August 23, 2017 Opinion or Order Filing 5 ORDER directing Plaintiff to file a complete application to proceed in forma pauperis Signed by Magistrate Judge Alicia M. Otazo-Reyes on 8/23/2017. (sl)
August 23, 2017 Filing 4 Clerks Notice re: Filing Fee in the amount of $ 400.00 - Outstanding/Pending Payment. (jmd)
August 23, 2017 Opinion or Order Filing 3 ORDER OF REFERENCE TO MAGISTRATE JUDGE FOR ALL PRETRIAL PROCEEDINGS Signed by Judge Jose E. Martinez on 8/22/2017. (ail)
August 21, 2017 Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (vmz)
August 21, 2017 Filing 1 COMPLAINT against Carmax, Thomas J. Folliard, Miami Mercedes Benz Dealer. Filing fees $ 400.00 No Filing Fee/ No IF.P., filed by Randy Zapata.(vmz)

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Defendant: Carmax
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Defendant: Thomas J. Folliard
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Defendant: Miami Mercedes Benz Dealer
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Defendant: AutoNation Miami Mercedes Benz Dealer
Represented By: Richard Alan Ivers
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Plaintiff: Randy Zapata
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