Evans v. Frezin,Jr.
| Jimmie Evans |
| Sergeant Jean Frezin, Aricl Louis, Jean Frezin, Jr. and Ariel Louis |
| 1:2020cv23669 |
| September 2, 2020 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| Jose E Martinez |
| Jared M Strauss |
| Ursula Ungaro |
| Prisoner: Civil Rights |
| 28 U.S.C. § 1443 cv Notice of Removal - Civil Rights Cases |
| Defendant |
Docket Report
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Filing 97
PAPERLESS ORDER CANCELLING HEARING. The hearing set for Thursday, October 27, 2022, ECF No. 96 , is hereby CANCELLED, as the matter is stayed. See ECF No. #92 . Signed by Magistrate Judge Jacqueline Becerra on 10/21/2022. (cor)
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Filing 96
PAPERLESS ORDER SETTING HEARING. A hearing on Plaintiff's Motion for Service to Enter an Order of Issue of Subpoenas, ECF No. #66 , is hereby set for Thursday, October 27, 2022 at 10:00 a.m. before Judge Becerra in Courtroom 10-06, 99 N.E. 4th Street, Miami, Florida, 33132. Signed by Magistrate Judge Jacqueline Becerra on 10/20/2022. (cor)
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| Filing 95 REPLY to Response to Motion re #85 MOTION for Summary Judgment filed by Jean Frezin, Jr, Ariel Louis. (Vosseler, Zachary) |
| Filing 94 RESPONSE to Motion re #85 MOTION for Summary Judgment filed by Jimmie Evans. Replies due by 2/7/2022. (cds) |
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Filing 93
PAPERLESS ORDER TO SHOW CAUSE. The Court ordered Plaintiff to file a response to #85 Defendants' Motion for Summary Judgment and a statement of material facts. (See ECF No. #87 ). The deadline to do so has passed and Plaintiff only filed a statement of material facts, without a response to the motion for summary judgment. No later than January 18, 2022 Defendant shall SHOW CAUSE why the Motion for Summary Judgment should not be granted by default pursuant to the Local Rules, or, in the alternative, shall file his response in opposition to the motion. Signed by Judge Jose E. Martinez on 1/3/2022. (cvl)
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Filing 92
ORDER Granting #91 EXPEDITED MOTION FOR RECONSIDERATION. Signed by Judge Jose E. Martinez on 12/15/2021. See attached document for full details. (cds)
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| This case is STAYED pending the resolution of Defendants Motion for Summary Judgment, (ECF No. 85). Administratively Closing Case. PER DE#92 (cds) |
| Filing 91 EXPEDITED MOTION for Reconsideration re #90 Order on Motion to Stay by Jean Frezin, Jr, Ariel Louis. (Vosseler, Zachary) |
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Filing 90
ORDER DENYING DEFENDANT'S MOTION TO STAY CASE PENDING RULING ON MOTION FOR SUMMARY JUDGMENT denying #86 Motion to Stay. Signed by Judge Jose E. Martinez on 12/10/2021. See attached document for full details. (pcs)
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| Filing 89 Statement of Undisputed Facts in Support of Response to #85 MOTION for Summary Judgment by Jimmie Evans. (cqs) |
| Filing 88 NOTICE OF CONVENTIONAL FILING (USB Drive) by Jean Frezin, Jr, Ariel Louis (Attachments: #1 Appendix) (cds) |
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Filing 87
ORDER DIRECTING PLAINTIFF TO RESPOND TO MOTION FOR SUMMARY JUDGMENT. re #85 MOTION for Summary Judgment filed by Jean Frezin, Jr., Ariel Louis ( Responses due by 12/15/2021). Signed by Judge Jose E. Martinez on 11/9/2021. See attached document for full details. (cds)
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| Filing 86 MOTION to Stay Case Pending Ruling on #85 Motion for Summary Judgment by Jean Frezin, Jr, Ariel Louis. Responses due by 11/22/2021 (Vosseler, Zachary) |
| Filing 85 MOTION for Summary Judgment by Jean Frezin, Jr, Ariel Louis. Responses due by 11/22/2021 (Vosseler, Zachary) |
| Filing 84 Statement of: Undisputed Material Facts by Jean Frezin, Jr, Ariel Louis (Attachments: #1 Index of Exhibits, #2 Jimmie Evans Inmate Profile System Cell History, #3 Judgment & Sentence, No. F-11-16168, #4 Inmate Population Information Detail, #5 Docket Sheet, No. F-18-12119, #6 Medical Records (composite), #7 Deposition of Jimmie Evans, Aug. 19, 2021, #8 Declaration of Attalia Bonilla, #9 Declaration of Ryan Salazar-Szep, #10 Declaration of Jean Frezin, Jr., #11 Declaration of Conrad Greaves, #12 Declaration of Ariel Louis, #13 Declaration of Denise Holmes, #14 Declaration of Frank Kemp, #15 Declaration of Demoira Prudent, #16 Incident Report No. P18-4596A, #17 Memorandum to File, Case No. IA-18-563, #18 Incident Report No. P18-4596C, #19 Incident Report No. P18-4596F, #20 Incident Report No. P18-4596O, #21 Clinic Photos, #22 Declaration of Jerry Olivares, #23 Declaration of Melissa Nicole Sirleaf, #24 Report of Laurence M. Dubensky, M.D., #25 Declaration of Dave Austin, #26 Physical Sight Check Sheet, #27 Offense-Incident Report, #28 Docket Sheet, No. F-18-16046, #29 Amended Complaint, Evans v. Thompkins, #30 Complaint, Evans v. Racine, #31 2d Amended Complaint, Evans v. Livingston, #32 Complaint, Evans v. Miami-Dade County, #33 Amended Complaint, Evans v. Junior)(Vosseler, Zachary) |
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Filing 83
PAPERLESS ORDER granting #80 Defendants' Expedited Motion to Conventionally File USB Drive Containing Electronic Data. Defendants may file the USB drive conventionally with the Clerk's Office within two (2) business days of filing their motion for summary judgment. Counsel is also directed to provide a copy of this USB drive to the undersigned's chambers within two (2) business days of the filing. Signed by Judge Jose E. Martinez on 11/4/2021. (cvl)
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| Filing 82 Clerks Notice to Filer re #80 Amended EXPEDITED MOTION to Conventionally File USB Drive Containing Electronic Media and Notice of Withdrawal of #78 Motion. Two or More Document Events Filed as One; ERROR - Only one event was selected by the Filer but more than one event was applicable to the document filed. The docket entry was corrected by the Clerk. It is not necessary to refile this document but in the future, the Filer must select all applicable events. (cds) |
| Filing 81 NOTICE OF WITHDRAWAL OF MOTION by Jean Frezin, Jr, Ariel Louis re #78 Expedited Motion filed by Jean Frezin, Jr., Ariel Louis. (For Image See DE#80 ) (cds) |
| Filing 80 Amended EXPEDITED MOTION to Conventionally File USB Drive Containing Electronic Media and Notice of Withdrawal of #78 Motion by Jean Frezin, Jr, Ariel Louis. (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary) |
| Filing 79 Clerks Notice to Filer re #78 Miscellaneous Relief. Wrong Motion Relief(s) Selected; ERROR - The Filer selected the wrong motion relief(s) when docketing the motion. The correction was made by the Clerk. It is not necessary to refile this document but future motions filed must include applicable reliefs. (cds) |
| Filing 78 EXPEDITED MOTION to Conventionally File USB Drive Containing Surveillance Footage (EXPEDITED) by Jean Frezin, Jr, Ariel Louis. (Vosseler, Zachary) Modified Text/Relief on 11/2/2021 (cds). |
| Filing 77 NOTICE to the Court by Jimmie Evans (cds) |
| Filing 76 Clerk's Appointment of Mediator: Jack L. Townsend, Sr added (pt) |
| Filing 75 Request for Clerk to Appoint Mediator(Vosseler, Zachary) |
| Filing 74 NOTICE to the Court and Objection to Petition for Civil Restitution Lien Order by Jimmie Evans (cds) |
| Filing 73 NOTICE to the Court by Jimmie Evans (cds) |
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Filing 72
ORDER granting Defendants' Motion for Leave to Take Plaintiff's Deposition, ECF No. #60 . Signed by Magistrate Judge Jacqueline Becerra on 7/27/2021. See attached document for full details. (nco)
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| Filing 71 NOTICE of Non-Election for final disposition of motions by Jimmie Evans (lbc) |
| Filing 70 NOTICE of scheduling conference report by Jimmie Evans (lbc) |
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Filing 69
ORDER REFERRING CASE to Volunteer Attorney Program. (For Image See DE#67 ) Signed by Judge Jose E. Martinez on 7/19/2021. (cds) Modified Text on 7/19/2021 (cds). Modified text on 7/19/2021 (asl).
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Filing 68
ORDER REVISING PRETRIAL DEADLINES. Granting #62 Motion for Extension of Time. Signed by Judge Jose E. Martinez on 7/19/2021. See attached document for full details. (cds)
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Filing 67
ORDER Denying #58 Motion to Appoint Counsel. This case is REFERRED for listing on the Courts website of available pro bono cases seeking volunteer lawyers. Signed by Judge Jose E. Martinez on 7/19/2021. See attached document for full details. (cds)
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| Filing 66 MOTION for Service to Enter an Order Issue of Subpoena's by Jimmie Evans. (cds) |
| Filing 65 NOTICE by Jimmie Evans (cqs) |
| Filing 64 NOTICE To The Court by Jimmie Evans (cqs) |
| Filing 63 Witness List by Jimmie Evans.. (cqs) |
| Filing 62 MOTION for Extension of Time to Exchange Expert Witness Summaries and Reports re #55 Scheduling Order,,,, Order Referring Case to Mediation,,,, Order Referring Case to Magistrate Judge,,, by Jean Frezin, Jr, Ariel Louis. Responses due by 7/13/2021 (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary) |
| Filing 61 Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Jean Frezin, Jr, Ariel Louis (Vosseler, Zachary) |
| Filing 60 MOTION to Take Deposition from Jimmie Evans by Jean Frezin, Jr, Ariel Louis. (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary) |
| Filing 59 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Ariel Louis. (Vosseler, Zachary) |
| Filing 58 MOTION for Appointment of Counsel by Jimmie Evans. Responses due by 7/13/2021 (cds) |
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Filing 57
PAPERLESS ORDER granting #56 Defendant Ariel Louis's Motion for Extension of Time to Respond to the Final Amended Complaint. Defendant Louis shall respond to the Amended Complaint no later than July 9, 2021. Signed by Judge Jose E. Martinez on 6/23/2021. (cvl)
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| Filing 56 MOTION for Extension of Time to File Response/Reply/Answer as to #9 Amended Complaint/Amended Notice of Removal by Ariel Louis. Attorney Zachary Edward Vosseler added to party Ariel Louis(pty:dft). (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary) |
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Filing 55
ORDER SETTING CIVIL TRIAL DATE AND PRETRIAL SCHEDULE, REQUIRING MEDIATION, AND REFERRING CERTAIN MOTIONS TO MAGISTRATE JUDGE: ( Jury Trial set for 2/14/2022 09:30 AM in Miami Division before Judge Jose E. Martinez., Calendar Call set for 2/10/2022 01:30 PM in Miami Division before Judge Jose E. Martinez.), ORDER REFERRING CASE to Mediation., ORDER REFERRING CASE to Magistrate Judge Jacqueline Becerra for Discovery Matters. Magistrate Judge Jared M. Strauss no longer assigned as presider judge in case. Signed by Judge Jose E. Martinez on 6/11/2021. See attached document for full details. (cds) #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.
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| Filing 54 SUMMONS (Affidavit) Returned Executed on #9 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Ariel Louis served on 6/4/2021, answer due 6/25/2021. (cds) |
| Filing 53 CLERKS NOTICE REASSIGNING CASE pursuant to Administrative Order 2021-52. Case reassigned to Judge Jose E. Martinez for all further proceedings. Judge Ursula Ungaro no longer assigned to case. (jmd) |
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Filing 52
ORDER Denying #51 MOTION TO COMPEL DISCOVERY. Signed by Judge Ursula Ungaro on 4/28/2021. See attached document for full details. (cds)
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| Filing 51 MOTION for an Order Compelling Discovery by Jimmie Evans. Responses due by 5/10/2021 (cds) |
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Filing 50
ORDER Denying #48 Motion to Quash. Signed by Judge Ursula Ungaro on 4/2/2021. See attached document for full details. (cds)
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| Filing 49 OBJECTION'S to #46 ANSWER and Affirmative Defenses by Jimmie Evans. (cds) |
| Filing 48 MOTION to Enforce/Quash Deposition or Subpoena by Jimmie Evans. (cds) |
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Filing 47
ORDER Denying as Moot 41 MOTION to Dismiss re #15 Defendant's MOTION to Dismiss #9 Amended Complaint/Amended Notice of Removal for Failure to Exhaust Administrative Remedies MOTION to Dismiss for Lack of Jurisdiction #9 Amended Complaint/Amended Notice of Removal. Signed by Judge Ursula Ungaro on 3/16/2021. See attached document for full details. (cds)
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| Filing 46 ANSWER and Affirmative Defenses to Amended Complaint with Jury Demand by Jean Frezin, Jr. (Vosseler, Zachary) |
| Filing 45 Summons Issued as to A. Louis. (daa) |
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Filing 44
ORDER TO U.S. MARSHAL DIRECTING PERSONAL SERVICE UPON DEFENDANT A. LOUIS. Signed by Judge Ursula Ungaro on 2/16/2021. See attached document for full details. (cds)
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Filing 43
ORDER Granting #15 Motion to Dismiss AND SCREENING FINAL AMENDED COMPLAINT. Frezin SHALL file an Answer to the Plaintiffs Amended Complaint (DE 9) within twenty (20) days of the entry of this Order. Signed by Judge Ursula Ungaro on 2/16/2021. See attached document for full details. (cds)
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Filing 42
ORDER Denying #39 Motion to be Permitted to Receive Legal Written Supplies. Signed by Judge Ursula Ungaro on 1/29/2021. See attached document for full details. (cds)
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| Filing 41 MOTION to Dismiss re #15 Defendant's MOTION to Dismiss #9 Amended Complaint/Amended Notice of Removal for Failure to Exhaust Administrative Remedies MOTION to Dismiss for Lack of Jurisdiction #9 Amended Complaint/Amended Notice of Removal by Jimmie Evans. (For Image See DE#40 ) Responses due by 2/12/2021 (cds) |
| Filing 40 RESPONSE to #31 REPLY to Response to Motion re #15 MOTION to Dismiss #9 Amended Complaint/Amended Notice of Removal by Jimmie Evans. (cds) |
| Filing 39 MOTION to be Permitted to Receive Legal Written Supplies by Jimmie Evans. (cds) |
| Filing 38 RESPONSE to #31 REPLY to Response to Motion re #15 MOTION to Dismiss #9 Amended Complaint/Amended Notice of Removal by Jimmie Evans. (cds) |
| Filing 37 NOTICE Of Filing Exhibits by Jimmie Evans re #9 Amended Complaint/Amended Notice of Removal (cqs) |
| Filing 36 NOTICE to the Court by Jimmie Evans (cds) |
| Filing 35 NOTICE of Filing Proposed Order to Show Cause for Preliminary Injunction by Jimmie Evans (cds) |
| Filing 34 Notice to the Court (Address Previously Updated) by Jimmie Evans (cds) |
| Filing 33 Declaration signed by: Jimmie Evans by Jimmie Evans (cds) |
| Filing 32 Notice to the Court (Address Updated) by Jimmie Evans (cds) |
| Filing 31 REPLY to Response to Motion re #15 MOTION to Dismiss #9 Amended Complaint/Amended Notice of Removal for Failure to Exhaust Administrative Remedies MOTION to Dismiss for Lack of Jurisdiction #9 Amended Complaint/Amended Notice of Removal filed by Jean Frezin, Jr. (Vosseler, Zachary) |
| Filing 30 NOTICE to the Court by Jimmie Evans (Attachments: #1 Notice of Lawsuit and Request to Waive Service of Summons) (cds) |
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Filing 29
ORDER Granting #23 Motion for Leave to Proceed in forma pauperis. Plaintiff to Proceed without Prepayment of Filing Fee but Establishing Debt to Clerk of $350.00. USM Service NOT Ordered. Signed by Judge Ursula Ungaro on 11/19/2020. See attached document for full details. (cds)
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| Filing 28 RESPONSE to Motion re #15 MOTION to Dismiss #9 Amended Complaint/Amended Notice of Removal for Failure to Exhaust Administrative Remedies MOTION to Dismiss for Lack of Jurisdiction #9 Amended Complaint/Amended Notice of Removal filed by Jimmie Evans. Replies due by 11/25/2020. (cds) |
| Filing 27 NOTICE to the Court by Jimmie Evans (cds) |
| Filing 26 NOTICE of Filing Waiver of Summons by Jimmie Evans (cds) |
| Filing 25 AFFIDAVIT signed by: Jimmie M. Evans by Jimmie Evans (cds) |
| Filing 24 NOTICE to the Court by Jimmie Evans (cds) |
| Filing 23 MOTION for Leave to Proceed in forma pauperis by Jimmie Evans. (Attachments: #1 Inmate Balance History Report)(cds) |
| Filing 22 NOTICE to the Court by Jimmie Evans (cds) |
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Filing 21
ORDER OVERRULING OBJECTIONS re #20 Response in Opposition to Motion, filed by Jimmie Evans, as to #15 MOTION to Dismiss #9 Amended Complaint/Amended Notice of Removal for Failure to Exhaust Administrative Remedies MOTION to Dismiss for Lack of Jurisdiction #9 Amended Complaint/Amended Notice of Removal .( Responses due by 12/2/2020) Signed by Judge Ursula Ungaro on 11/5/2020. See attached document for full details. (cds)
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| Filing 20 (OVERRULED PER DE#21 ) Response/Objection re #15 MOTION to Dismiss #9 Amended Complaint/Amended Notice of Removal for Failure to Exhaust Administrative Remedies MOTION to Dismiss for Lack of Jurisdiction #9 Amended Complaint/Amended Notice of Removal filed by Jimmie Evans. Replies due by 11/12/2020. (cds) Text Modified on 11/6/2020 (cds). |
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Filing 19
ORDER denying without prejudice #14 Motion to strike. On or before DECEMBER 2, 2020, Plaintiff shall complete and file the form application to proceed in forma pauperis (attached to this Order), along with an affidavit as required by 28 U.S.C. 1915(a). Signed by Judge Ursula Ungaro on 10/27/2020. See attached document for full details. (Attachments: #1 IFP form) (daa)
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| Filing 18 Clerks Notice of Docket Correction re #16 ORDER REQUIRING PAYMENT OF FILING FEE OR APPLICATION TO PROCEED IN FORMA PAUPERIS ALONG WITH SUPPORTING FINANCIAL AFFIDAVIT, denying 14 Motion to Strike. Correction Document Stricken per Chambers. The document will be refiled by Chambers. (yar) |
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Filing 17
ORDER INSTRUCTING PRO SE PLAINTIFF TO RESPOND re #15 MOTION to Dismiss #9 Amended Complaint/Amended Notice of Removal for Failure to Exhaust Administrative Remedies MOTION to Dismiss for Lack of Jurisdiction #9 Amended Complaint/Amended Notice of Removal filed by Jean Frezin, Jr. ( Responses due by 12/2/2020) Signed by Judge Ursula Ungaro on 10/28/2020. See attached document for full details. (cqs)
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Filing 16
STRICKEN - ORDER REQUIRING PAYMENT OF FILING FEE OR APPLICATION TO PROCEED IN FORMA PAUPERIS ALONG WITH SUPPORTING FINANCIAL AFFIDAVIT, denying #14 Motion to Strike. Filing Fee due by 12/2/2020. Signed by Judge Ursula Ungaro on 10/28/2020. See attached document for full details. (cqs) Modified to reflect stricken per chambers on 10/29/2020 (yar).
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| Filing 15 MOTION to Dismiss #9 Amended Complaint/Amended Notice of Removal for Failure to Exhaust Administrative Remedies, MOTION to Dismiss for Lack of Jurisdiction #9 Amended Complaint/Amended Notice of Removal ( Responses due by 10/20/2020) by Jean Frezin, Jr. (Attachments: #1 Exhibit Cell History, #2 Exhibit Declaration of Loreta Lorfils)(Vosseler, Zachary) |
| Filing 14 Notice to the Court/MOTION to Strike #12 Order,,, ( Responses due by 10/20/2020), MOTION to Service Summons on Defendant by Jimmie Evans. (cds) Modified relief on 10/7/2020 (asl). |
| Filing 13 Case Reassignment of Paired Magistrate Judge, pursuant to pro se magistrate repairing, to Magistrate Judge Jared M. Strauss. Magistrate Judge Lisette M. Reid no longer assigned to case. (bla) |
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Filing 12
ORDER REGARDING SERVICE WHEN PLAINTIFF IS NOT PROCEEDING PRO SE. Since Plaintiff is not proceeding pro se, it is his responsibility to secure service on the unserved Defendant, Officer Louis. Pursuant to Fla. R. Civ. P. 4(m), he is required to serve the Amended Complaint on Officer Louis within ninety days of the filing of the Amended Complaint with this court. Therefore, the time for service of process is due to expire on December 17, 2020. Signed by Magistrate Judge Lisette M. Reid on 9/25/2020. See attached document for full details. (daa)
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Filing 11
ORDER denying #10 Motion for Extension of Time. Signed by Magistrate Judge Lisette M. Reid on 9/25/2020. See attached document for full details. (daa)
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| Filing 10 MOTION for Extension of Time to File Response/Reply/Answer as to #9 Amended Complaint/Amended Notice of Removal by Jean Frezin, Jr. (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary) |
| Filing 9 AMENDED COMPLAINT against Jean Frezin, Jr, Aricl Louis filed in response to Order Granting Motion for Leave, filed by Jimmie Evans.(cds) |
| Filing 8 NOTICE to the Court re Exhibit's Attachments by Jimmie Evans (cds) |
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Filing 7
SUA SPONTE ORDER REQUIRING FINAL, AMENDED COMPLAINT re #1 Notice of Removal (State Court Complaint), filed by Jean Frezin, Jr., (Amended Complaint due by 10/5/2020.). Signed by Magistrate Judge Lisette M. Reid on 9/4/2020. See attached document for full details. (Attachments: #1 Complaint for Violation of Civil Rights Form) (daa)
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Filing 6
ORDER granting #4 Motion for Extension of Time to File to the extent that Frezin need not file a responsive pleading to the Second Amended Complaint at this time as Plaintiff is being required, by separate court order, to file a Final Amended Complaint to cure certain deficiencies identified by the court. Signed by Magistrate Judge Lisette M. Reid on 9/4/2020. See attached document for full details. (br)
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Filing 5
ORDER OF INSTRUCTIONS TO PRO SE CIVIL RIGHTS LITIGANTS. Signed by Magistrate Judge Lisette M. Reid on 9/4/2020. See attached document for full details. (br)
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| Filing 4 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint), by Jean Frezin, Jr. (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary) |
| Filing 3 Clerks Notice of Magistrate Judge Assignment to Magistrate Judge Lisette M. Reid. Pursuant to Administrative Order 2019-2 for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (Per Chambers) (cds) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Ursula Ungaro. (cds) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Second Amended Civil Rights Complaint) Filing fee $ 400.00 receipt number AFLSDC-13456000, filed by Jean Frezin. (Attachments: #1 Summon(s), #2 Exhibit Second Amended Complaint, #3 Exhibit Order Dismissing Ariel Louis as Defendant, #4 Civil Cover Sheet, #5 Exhibit Other State Court Filings)(Vosseler, Zachary) Text Modified on 9/3/2020 (cds). No Answer/Motion to Dismiss Filed. |
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