Nagel et al v. City of Miami Beach et al
| Marcus Nagel and Matthew Nagel |
| Miami Beach Police Officers 1-6, City of Fort Lauderdale Police Department, Miami Beach Service Operator 1-2, Wilton Manors Police Department, City of Fort Lauderdale Police Officers 1-3, Officer Rodriguez, John Sanders, Officer Lee, City of Miami Beach, City of Wilton Manors, David Warren, Robert Spragg and Ivan Nagel |
| 1:2018cv20685 |
| February 22, 2018 |
| US District Court for the Southern District of Florida |
| Miami Office |
| Miami-Dade (Office: Miami) |
| K Michael Moore |
| Racketeer/Corrupt Organization |
| 28 U.S.C. § 1331 |
| None |
Docket Report
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| Filing 13 FIRST Clerk's Notice of Undeliverable Mail re 11 Order on Motion for Referral to Volunteer Attorney Program,,,,,,,,,, Order on Motion for Leave to Proceed in forma pauperis,,,,. US Mail returned for: Matthew Nagel. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp) |
| Filing 12 FIRST Clerk's Notice of Undeliverable Mail re 11 Order on Motion for Referral to Volunteer Attorney Program,,,,,,,,,, Order on Motion for Leave to Proceed in forma pauperis,,,,. US Mail returned for: Marcus Nagel. The Court has not located an updated address for this party. After two undeliverable notices from the Court, notices will no longer be sent to this party in this case until a correct address is provided. (mp) |
Filing 11
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Amended Complaint #7 . This Court dismissed Plaintiffs' original Complaint---in which Plaintiffs asserted diversity of citizenship---for lack of jurisdiction 6 . Plaintiffs attempt to cure the jurisdictional deficiency identified by the Court by adding additional Defendants. Plaintiffs, however, have missed the mark. Plaintiffs again indicate that they are citizens of Florida and sue other Florida citizens, including City of Miami Beach and City of Fort Lauderdale Police Department. Consequently, UPON CONSIDERATION of the Amended Complaint, the pertinent portions of the record, and being otherwise fully advised in the premises, for the reasons set forth more fully in the Court's February 23, 2018 Order 6 , the matter is DISMISSED WITHOUT PREJUDICE. The case shall remain CLOSED. Plaintiffs' Motions to Proceed In Forma Pauperis #10 and for Referral to the Volunteer Attorney Program [8, 9] are DENIED AS MOOT. Signed by Chief Judge K. Michael Moore on 4/9/2018. (cce)
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| Filing 10 MOTION for Leave to Proceed in forma pauperis by Marcus Nagel, Matthew Nagel. (Attachments: #1 Supplement)(jc) |
| Filing 9 MOTION for Referral to Volunteer Attorney Program/REQUEST for Volunteer Counsel by Marcus Nagel. (jc) |
| Filing 8 MOTION for Referral to Volunteer Attorney Program /REQUEST for Volunteer Counsel by Matthew Nagel. (jc) |
| Filing 7 AMENDED COMPLAINT against All Defendants, filed by Ivan Nagel, David Warren, Robert Spragg. (Attachments: #1 Civil Cover Sheet, #2 Certification of Emergency - Form)(jc) |
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Filing 6
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiffs' Complaint against various Defendants including the City of Miami Beach and the City of Fort Lauderdale Police Department. As a basis for jurisdiction, Plaintiffs assert diversity of citizenship under 28 U.S.C. 1332. A Court has jurisdiction based on diversity of citizenship when the suit is between citizens of different states and the amount in controversy exceeds $75,000. Beavers v. A.O. Smith Elec. Prods. Co., 265 F. App'x 772, 777 (11th Cir. 2008). "Diversity jurisdiction requires complete diversity---every plaintiff must be diverse from every defendant." Id. (internal citation omitted). "Citizenship, not residence, is the key fact that must be alleged in the complaint to establish diversity...." Id. (internal citation omitted). Here, Plaintiffs do not properly allege citizenship in the Complaint. On the Civil Cover Sheet, Plaintiffs indicate that they are citizens of Florida. At least certain Defendants---the City of Miami Beach and the City of Fort Lauderdale Police Department---are Florida citizens for the purposes of diversity jurisdiction. In light of Plaintiffs' failure to properly allege citizenship and indication that Plaintiffs and certain Defendants are citizens of Florida, the Court concludes that it is without jurisdiction over this matter. Accordingly, UPON CONSIDERATION of the Complaint #1 , the pertinent portions of the record, and being otherwise fully advised in the premies, this matter is DISMISSED WITHOUT PREJUDICE. Plaintiffs' Motions to Proceed In Forma Pauperis and for Referral to the Volunteer Attorney Program are DENIED AS MOOT. The Clerk of Court is instructed to CLOSE this case. Signed by Chief Judge K. Michael Moore on 2/23/2018. (cce)
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| Civil Case Terminated. Closing Case. (cce) 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. |
| Filing 5 MOTION for Referral to Volunteer Attorney Program by Marcus Nagel. (vmz) |
| Filing 4 MOTION for Referral to Volunteer Attorney Program by Matthew Nagel. (vmz) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Marcus Nagel, Matthew Nagel. (vmz) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton 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) |
| Filing 1 COMPLAINT against City of Fort Lauderdale Police Department, City of Fort Lauderdale Police Officers 1-3, City of Miami Beach, City of Wilton Manors, Lee, Miami Beach Police Officers 1-6, Miami Beach Service Operator 1-2, Rodriguez, John Sanders, Wilton Manors Police Department. Filing fees $ 400.00. IFP Filed, filed by Matthew Nagel, Marcus Nagel. (Attachments: #1 Civil Cover Sheet)(vmz) |
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