Teman v. The City of Miami Beach et al
| Ari Teman |
| The City of Miami Beach, The City of Miami Beach Office of the City Attorney, Miami Dade County, Nahum Joseph, Yoe Lopez, Woody Clermont, Rafael Paz, Mayor Daniel Gelber, Vice Mayor Steven Meiner and Judge Kristy M. Nunez |
| 1:2023cv21361 |
| April 11, 2023 |
| US District Court for the Southern District of Florida |
| Robert N Scola |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 11, 2023. A more recent docket listing may be available from PACER.
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Filing 18
ORDER Dismissing Case / Closing Case, (Without Prejudice) . Signed by Judge Robert N. Scola, Jr on 5/11/2023. See attached document for full details. (pc)
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| Deadline terminated. (per DE #18 ) (pc) |
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Filing 17
ORDER TO SHOW CAUSE. Accordingly, Mr. Teman is hereby ORDERED TO SHOW CAUSE on or before May 9, 2023, as to why (i) he has failed to pay the required filing fee or to file a renewed petition to proceed in forma pauperis and (ii) he has failed to file his amended complaint within the deadline required by the Court. Failure to comply with this order may result in dismissal of the matter for failure to prosecute and failure to obey court orders. See Fed. R. Civ. P. 41(b); Lewis v. Fla. Dept of Corr., 739 F. Appx 585, 586 (11th Cir. 2018) (Generally, where, as here, the litigant has been forewarned, dismissal for failure to obey a court order is not an abuse of discretion.). (Show Cause Response due by 5/9/2023). Signed by Judge Robert N. Scola, Jr on 5/2/2023. See attached document for full details. (nan)
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Filing 16
Order Providing Instructions To Pro Se Litigant. Signed by Judge Robert N. Scola, Jr on 4/17/2023. See attached document for full details. (pc)
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Filing 15
PAPERLESS ORDER: The Court grants in part and denies in part #10 the Plaintiff Ari Teman's motion to amend the complaint and motion to recuse. The Court grants the Plaintiff's motion to amend: the Plaintiff has up to and including April 27, 2023, to file an amended complaint. However, the Court denies the Plaintiff's motion to recuse because, among other defects, the motion does not set forth any legal basis for recusal. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 14
PAPERELESS ORDER: The Court denies, without prejudice, #3 the Plaintiff Ari Teman's application to proceed in forma pauperis. The Plaintiff's motion does not include an affidavit stating the Plaintiff's assets and liabilities. If the Plaintiff seeks to proceed in forma pauperis, he must file his motion on the proper form, which shall include an accounting of the Plaintiff's assets and liabilities. The Plaintiff may obtain the form "Application to Proceed Without Prepayment of Fees and Affidavit" from the Clerk of the Court. See S.D. Fla. L.R. 88.2(b). Signed by Judge Robert N. Scola, Jr. (abo)
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Filing 13
PAPERLESS ORDER: The Court denies #5 and #9 the Plaintiff Ari Teman's duplicate motions for permission to file materials via CM/ECF. Rule 2c. of the Court's CM/ECF Administrative Procedures specifies that pro se litigants like the Plaintiff shall "not be permitted to register as Users at this time and must file their documents in the conventional manner." (Available at: https://www.flsd.uscourts.gov/sites/flsd/files/CMECF%20Administrative%20Procedures% 20-%202022%20FINAL%20.pdf.) Rule 2c. further explains that to the extent the Plaintiff is "interested in receiving notices electronically" he "must file the form 'Consent by Pro Se Litigants (Non-Prisoner) to Receive Notice of Electronic Filing' which can be found on the Court's website (http://www.flsd.uscourts.gov/forms/consent-pro-se-litigant-non-prisoner-receive-nefs)." The Plaintiff has not filed the requisite consent form at this time. Signed by Judge Robert N. Scola, Jr. (abo)
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| Reset Deadlines Per DE#15. Amended Complaint due by 4/27/2023. (cqs) |
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Filing 12
PAPERLESS ORDER: The Court denies #11 the Defendant's additional emergency motion for order directing the Eleventh Circuit Court to appoint a public defender. This is the Defendant's second emergency motion seeking the same relief in less than a week. The Defendant's new motion suffers from the same deficiencies as his prior one. Among other defects, the Defendant's motion fails to meet the requirements for an emergency motion under Local Rule 7.1(d)(1), as none of the circumstances he outlines would prevent the court from "provid[ing] meaningful relief to a critical, non-routine issue after the expiration of seven days." Likewise, while the Defendant seems to seek the Court's intervention in an ongoing Florida state court action, he once again fails to provide adequate information as to the state court proceeding at issue or to explain why the Court's interference in that unidentified proceeding is either allowed or merited. The Court previously notified the Defendant that "[t]he unwarranted designation of a motion as an emergency motion may result in sanctions," and reminded him "that he must comply with the requirements of the Local Rules and the Court's orders in the filing of any future motion." (See ECF No. 7 (citing S.D. Fla. L.R. 7.1(d)(1).) The Defendant is cautioned once again that continually failing to abide by the Court's rules and orders will ultimately result in sanctions. Signed by Judge Robert N. Scola, Jr. (abo)
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| Filing 11 EMERGENCY Motion for Order Directing the Eleventh Circuit Court to Appoint a Public Defender by Ari Teman. (pc) |
| Filing 10 MOTION to Amend #1 Complaint, to add Defendant's (Responses due by 4/28/2023), MOTION to Recuse by Ari Teman. (pc) (Additional attachment(s) added on 4/14/2023: #1 Exhibit) (pc). |
| Filing 9 Motion for Permission to file Documents Via Electronic Case Filing (ECF) System by Ari Teman. (pc) |
| Filing 8 NOTICE of Compliance re #7 Order, (mailed copy of Order as directed). (pc) |
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Filing 7
Order Denying Emergency Motion: re #4 Emergency MOTION to Provide Defense Counsel and Consent to allow Mr. Teman to Travel for a Period of 3 Weeks filed by Ari Teman. Signed by Judge Robert N. Scola, Jr on 4/11/2023. See attached document for full details. (pc)
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Filing 6
ORDER denying #4 Emergency MOTION to Provide Defense Counsel and Consent to allow Mr. Teman to Travel for a Period of 3 Weeks to Visit his ailing Mother in Israel. Signed by Judge Robert N. Scola, Jr on 4/11/2023. See attached document for full details. (drz)
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| Filing 5 MOTION for ECF/E-File Permission - Consent for ECF Notification by Ari Teman. (pcs) |
| Filing 4 Emergency MOTION to Provide Defense Counsel and Consent to allow Mr. Teman to Travel for a Period of 3 Weeks to Visit his ailing Mother in Israel by Ari Teman. (pcs) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Ari Teman. (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robert N. Scola, Jr. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jonathan Goodman 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. (pcs) |
| Filing 1 COMPLAINT for Civil Rights Violations and Conspiracy to Commit Civil Rights Violations against Woody Clermont, Daniel Gelber, Nahum Joseph, Yoe Lopez, Steven Meiner, Miami Dade County, Kristy M. Nunez, Rafael Paz, The City of Miami Beach, The City of Miami Beach Office of the City Attorney. Filing fees $ 402.00. IFP Filed, filed by Ari Teman. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(pcs) |
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