Garnet v. Morshedian
| Malvin Garnet |
| Yasmin Morshedian, Marie Liautaud, Judge George Sardy, Leslie Puzo, Carlos Fernandez, Priscille Duvalsaint and Diksha Mehan Sharma |
| 1:2022cv23543 |
| October 31, 2022 |
| US District Court for the Southern District of Florida |
| Roy K Altman |
| Lisette M Reid |
| Civil Rights: Other |
| 28 U.S.C. § 1983 Civil Rights |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 14, 2023. A more recent docket listing may be available from PACER.
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| Filing 25 ACKNOWLEDGMENT OF SERVICE as to Carlos Fernandez on 12/16/2022, Yasmin Morshedian on 12/22/2022, and George Sardy on 12/16/2022 filed by Malvin Garnet. (ls) |
Filing 24
ORDER TO SHOW CAUSE: Show Cause Response due by 1/30/2023. Signed by Judge Roy K. Altman on 12/27/2022. See attached document for full details. (mab)
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Filing 23
PAPERLESS ORDER denying #16 the Plaintiff's Motion for Leave to Serve by Email. "Neither the Federal Rules nor Florida law contemplate service of an initial complaint by email." Liquid Media Servs., LLC v. Cimring, 2013 WL 12144069, at *1 (S.D. Fla. Mar. 14, 2013) (Ryskamp, J.). The Federal Rules provide for service on "an individual within a judicial district of the United States" by "following state law for serving a summons in an action brought in courts of general jurisdiction in the state where the district court is located... or [by] doing any of the following: (A) delivering a copy of the summons and of the complaint to the individual personally; (B) leaving a copy of each at the individual's dwelling or usual place of abode with someone of suitable age and discretion who resides there; or (C) delivering a copy of each to an agent authorized by appointment or by law to receive service of process." Fed. R. Civ. P. 4(e)(1)-(2). And, under Florida law, "[s]ervice of original process is made by delivering a copy of it to the person to be served with a copy of the complaint, petition, or other initial pleading or paper or by leaving the copies at his or her usual place of abode with any person residing therein who is 15 years of age or older and informing the person of their contents." Fla. Stat. 48.031. Email service is permitted only for "every pleading subsequent to the initial pleading." Fla. R. Jud. Admin. 2.516(a) (emphasis added). Service of a summons and complaint by email, then, is not permitted. See Johnson v. Wellborn, 418 F. App'x 809, 815 (11th Cir. 2011) ("Johnson maintains that she 'served' Kear by sending him copies of her complaint and a waiver of service of process via e-mail and U.S. mail on September 27, 2009. This does not constitute proper service of process under either Florida or federal law."). In short, because neither the Federal nor Florida Rules provide for electronic service of process, and because the Plaintiff hasn't shown good cause to stray from the Rules, the Motion is DENIED. See Wildes v. Bitconnect Int'l PLC, 2018 WL 4864836, at *1 (S.D. Fla. Mar. 20, 2018) (Middlebrooks, J.) ("Because the Federal Rules do not provide for service by electronic means and Plaintiffs fail to identify authority to support their argument, Plaintiffs' Motion for Leave to Serve Process Electronically is denied."). Signed by Judge Roy K. Altman on 12/15/2022. (mg01)
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| Filing 22 ACKNOWLEDGMENT OF SERVICE as to Diksha Mehan Sharma on 12/1/2022 filed by Malvin Garnet. (ls) |
| Filing 21 Summons (Affidavit) Returned Unexecuted by Malvin Garnet as to Marie Liautaud. (ls) |
| Filing 20 Summons (Affidavit) Returned Unexecuted by Malvin Garnet as to Priscille Duvalsaint. (ls) |
| Filing 19 Summons (Affidavit) Returned Unexecuted by Malvin Garnet as to Priscille Duvalsaint. (ls) |
| Filing 18 Clerk's Notice of Docket Correction re #17 Summons Returned Unexecuted. Wrong Document Uploaded; The correct document has been attached to this notice. (ls) |
| Filing 17 Summons (Affidavit) Returned Unexecuted by Malvin Garnet as to Leslie Puzo. (Attachments: #1 Exhibit Leslie Puzo Email)(ls) (Main Document 17 replaced on 12/14/2022) (ls). |
| Filing 16 MOTION to Serve remaining Defendants by Email, or Mail by Malvin Garnet. (ls) |
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Filing 15
PAPERLESS ORDER granting #14 the Plaintiff's Motion for Referral to the Volunteer Attorney Program. Signed by Judge Roy K. Altman on 11/7/2022. (mg01)
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| Filing 14 MOTION for Referral to Volunteer Attorney Program by Malvin Garnet. (ls) |
| Filing 13 CLERK'S NOTICE of Compliance By Sealing DE 1 Complaint pursuant to 11 Order. (kpe) |
| Filing 12 AMENDED COMPLAINT against Priscille Duvalsaint, Carlos Fernandez, Marie Liautaud, Yasmin Morshedian, Leslie Puzo, George Sardy, Diksha Mehan Sharma filed in response to Order Granting Motion for Leave, filed by Malvin Garnet. (jas) |
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Filing 11
PAPERLESS ORDER granting #7 the Plaintiff's Motion to Seal. The Clerk of Court is directed to seal the Complaint [ECF No. 1]. The Plaintiff also asked for leave to file an amended complaint, but he doesn't require leave to amend and, instead, may amend his complaint as of right. See Fed. R. Civ. P. 15(a)(1). The Plaintiff is directed to file his amended complaint by November 3, 2022. Signed by Judge Roy K. Altman on 11/2/2022. (mg01)
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Filing 10
ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge Roy K. Altman on 11/1/2022. See attached document for full details. (ls)
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Filing 9
ORDER in Cases with Multiple Defendants. Signed by Judge Roy K. Altman on 11/1/2022. See attached document for full details. (ls)
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| Filing 8 Summons Issued as to Diksha Mehan Sharma. (ls) |
| Filing 7 MOTION to Seal, MOTION to Amend/Correct re 1 Complaint 42 USC 1983 or Bivens ( Responses due by 11/15/2022) by Malvin Garnet. (Attachments: #1 Supplement Complaint)(ls) |
| SYSTEM ENTRY - Docket Entry 1 [cmp] restricted/sealed until further notice. (kpe) |
| Filing 6 Clerk's Notice to Filer re: Summons(es) cannot be issued. The party(ies), Diksha Sharma on the summons(es) does not match the initiating documents. (jas) |
| Filing 5 Summons Issued as to Priscille Duvalsaint, Carlos Fernandez, Marie Liautaud, Yasmin Morshedian, Leslie Puzo, George Sardy. (jas) |
| Filing 4 Consent by Pro Se Litigant (Non-Prisoner) Malvin Garnet to receive Notices of Electronic Filing at email address: mgarnett305@gmail.com (jas) |
| Filing 3 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Lisette M. Reid. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lisette M. Reid 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. (pes) |
| Filing 2 Clerks Notice of Receipt of Filing Fee received on 10/31/2022 in the amount of $ 402.00, receipt number FLS259212. (vt) |
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