Evans v. Hyppolite et al
Plaintiff: Jimmie Evans and Jimmie M. Evans
Defendant: Shyller Hyppolite, C. Lattibeaudiere, Miami-Dade County and S. Hyppolite
Case Number: 1:2023cv20208
Filed: January 18, 2023
Court: US District Court for the Southern District of Florida
Presiding Judge: Robert N Scola
Nature of Suit: Habeas Corpus (Prison Condition)
Cause of Action: 28 U.S.C. § 1443 cv Notice of Removal - Civil Rights Cases
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on March 15, 2023. A more recent docket listing may be available from PACER.

Date Filed Document Text
March 15, 2023 Opinion or Order Filing 19 NOTICE OF CONVENTIONAL FILING (CD) by S. Hyppolite (cds) (Additional attachment(s) added on 3/16/2023: #1 Supplement) (cds). Modified Text on 3/16/2023 (cds).
March 14, 2023 Opinion or Order Filing 18 ORDER granting #17 Defendant's Expedited Motion to Conventionally File Compact Disc Containing Surveillance Footage. Signed by Judge Robert N. Scola, Jr on 3/14/2023. See attached document for full details. (daa)
March 14, 2023 Opinion or Order Filing 17 Defendant's EXPEDITED MOTION to Conventionally File Compact Disc Containing Surveillance Footage by S. Hyppolite. (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary)
March 10, 2023 Opinion or Order Filing 16 NOTICE to the Court by Jimmie M. Evans (cds)
March 8, 2023 Opinion or Order Filing 15 ORDER. Defendant Hyppolite must file his response to count three of the complaint by March 22, 2023. The parties must file a joint scheduling report by March 28, 2023. Signed by Judge Robert N. Scola, Jr on 3/8/2023. See attached document for full details. (daa)
March 7, 2023 Opinion or Order Filing 14 ORDER Granting Defendants' Motion to Dismiss. Defendant's motion to dismiss (ECF No. #12 ) is granted. Claims One, Two, and Four of the Plaintiff's complaint (ECF No. 1-1) are dismissed. All official capacity claims against all Defendants are also dismissed. Accordingly, Defendants C. Lattibeaudiere and Miami-Dade County are dismissed from this action. Only Count Three remains. Signed by Judge Robert N. Scola, Jr on 3/7/2023. See attached document for full details. (daa)
March 3, 2023 Opinion or Order Filing 13 NOTICE to The Court (Address Updated) by Jimmie M. Evans (cds)
February 15, 2023 Opinion or Order Filing 12 MOTION TO DISMISS #1 Notice of Removal (State Court Complaint), FOR FAILURE TO STATE A CLAIM by S. Hyppolite, C. Lattibeaudiere, Miami-Dade County. Responses due by 3/1/2023 (Vosseler, Zachary)
February 6, 2023 Opinion or Order Filing 11 NOTICE to the Court by Jimmie M. Evans (cds)
February 1, 2023 Opinion or Order Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Notice of Removal (State Court Complaint), with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jimmie M. Evans. C. Lattibeaudiere served on 1/27/2023, response/answer due 2/17/2023. (cds)
January 25, 2023 Opinion or Order Filing 9 Summons Issued as to Officer C. Lattibeaudiere (Shield #305259). (daa)
January 24, 2023 Opinion or Order Filing 8 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Robert N. Scola, Jr on 1/24/2023. See attached document for full details. (daa)
January 24, 2023 Opinion or Order Filing 7 ORDER Granting Defendants' Expedited Motion for Extension of Time to Respond to the Complaint. The Defendants shall answer or otherwise respond to the Complaint on or before February 15, 2023. Signed by Judge Robert N. Scola, Jr on 1/24/2023. See attached document for full details. (daa)
January 24, 2023 Opinion or Order Filing 6 ORDER to U.S. Marshal Directing Personal Service Upon Defendant. Signed by Judge Robert N. Scola, Jr on 1/24/2023. See attached document for full details. (daa)
January 24, 2023 Opinion or Order Filing 5 SCREENING ORDER. Over plaintiff's objection (see ECF No. [1-4] at 6) and upon careful review, the Court accepts and retains removal jurisdiction over this action. The Court further orders that the case shall proceed as to all defendants and claims in plaintiff's complaint. The defendant confirms that Miami Dade County and Officer Hyppolite have been served. See ECF No. #1 at #12 . The Court will thus direct the U.S. Marshal to serve process on the remaining defendant, Officer C. Lattibeaudiere. Signed by Judge Robert N. Scola, Jr on 1/24/2023. See attached document for full details. (daa)
January 24, 2023 Opinion or Order Filing 4 EXPEDITED MOTION for Extension of Time to Respond to Complaint re #1 Notice of Removal (State Court Complaint), by S. Hyppolite, Miami-Dade County. (Attachments: #1 Text of Proposed Order)(Vosseler, Zachary)
January 19, 2023 Opinion or Order Filing 3 Amended Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Judge Jose E. Martinez no longer assigned to case. (daa)
January 18, 2023 Opinion or Order Filing 2 Clerks Notice of Judge Assignment to Judge Jose E. Martinez. (nwn)
January 18, 2023 Opinion or Order Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Civil Rights Complaint) Filing fee $ 402.00 receipt number AFLSDC-16249546, filed by Miami-Dade County, Shyller Hyppolite. (Attachments: #1 State Court Complaint, #2 Returns of Service (composite), #3 Civil Cover Sheet, #4 Additional Filings (composite))(Vosseler, Zachary) No Answer/Motion To Dismiss Filed. Modified Text/Attachment Description on 1/19/2023 (nwn).

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Search for this case: Evans v. Hyppolite et al
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Plaintiff: Jimmie Evans
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Plaintiff: Jimmie M. Evans
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Defendant: Shyller Hyppolite
Represented By: Zachary Edward Vosseler
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Defendant: C. Lattibeaudiere
Represented By: Zachary Edward Vosseler
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Defendant: Miami-Dade County
Represented By: Zachary Edward Vosseler
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Defendant: S. Hyppolite
Represented By: Zachary Edward Vosseler
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