Webb v. Miami-Dade County Government et al
| David Q. Webb |
| Miami-Dade County Government, Mayor of Miami-Dade County, Miami-Dade County Homeless Trust, Victoria Mallette O'Bryan, Camillus House, Incorporated, Hilda M. Fernandez, Anthony Gordon, Milagros Rodriguez, Brigitte Cherranfant, John Gamez, Amanick Boothe, Samson Hoaward, Jenny Gomez, Kenneth E. King, Katherine Martinez and Oliver G. Gilbert, III |
| 1:2023cv23122 |
| August 16, 2023 |
| US District Court for the Southern District of Florida |
| Miami Office |
| 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 October 12, 2023. A more recent docket listing may be available from PACER.
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| Filing 27 Judgment in a Civil Action. This matter is to remain closed. Signed by Judge Robert N. Scola, Jr on 10/11/2023. See attached document for full details. (cds) |
| Filing 26 THIRD EXPEDITED MOTION FOR REFERRAL TO VOLUNTEER ATTORNEY PROGRAM BASED ON THE URGENT CIRCUMSTANCES TO PROPERLY PREPARE THE EMERGENCY MOTION FOR INJUNCTIVE RELIEF REQUESTED BY MONDAY, 16 OCTOBER 2023 by David Q. Webb. (ebz) |
| Filing 25 MOTION TO SUBSTITUTE EXHIBITS re #22 MOTION SECOND EMERGENCY MOTION FOR INJUNCTIVE RELIEF REQUESTED BY THURSDAY, 05 OCTOBER 2023 by David Q. Webb. (ebz) |
| Filing 24 MOTION IN ACCORDANCE WITH FRCP RULE 15 AND LCR 15.1: PROPOSED SECOND AMENDED VERIFIED COMPLAINT against Amanick Boothe, Camillus House, Incorporated, Hilda M. Fernandez, John Gamez, Victoria Mallette O'Bryan, Mayor of Miami-Dade County, Miami-Dade County Government, Miami-Dade County Homeless Trust, filed by David Q. Webb. (Attachments: #1 SECOND AMENDED VERIFIED COMPLAINT)(ebz) |
Filing 23
PAPERLESS ORDER: The Court denies #22 Plaintiff David Q. Webb's renewed emergency pro se motion for injunctive relief. The Court previously dismissed this case without prejudice, finding Webb's amended complaint to be a shotgun pleading. (See ECF No. 17.) The Court explained that Webb had failed to address the deficiencies identified in the Court's prior order striking his original complaint as a shotgun pleading and once again submitted an incomprehensible complaint. The instant emergency motion is Webb's fourth request for such relief, and the second one since the Court dismissed his complaint as a shotgun pleading. With each denial of his requests for emergency relief, the Court has explained that Webb's motions have been defective in fatal ways. Currently, for example, there is no operative complaint in this case, and, as such, Webb has clearly failed to establish a likelihood of success on the merits, as required to succeed on a motion for preliminary injunctive relief pursuant to Fed. R. Civ. Pro. 65. Although Webb has filed a new amended complaint #20 , this filing was done without requesting leave from the Court, after the case had been closed and dismissed. If Webb would like to file a new complaint, he must follow the proper procedure for amendment or for instituting a new case. Finally, the Court also denies #21 Webb's renewed, expedited motion for referral to a volunteer attorney program because Webb has not filed a complaint that sufficiently establishes how he can validly proceed with this litigation. Signed by Judge Robert N. Scola, Jr. (abo)
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| Filing 22 SECOND EMERGENCY MOTION FOR INJUNCTIVE RELIEF REQUESTED BY THURSDAY, 05 OCTOBER 2023 by David Q. Webb. (Attachments: #1 PROPOSED ORDER)(ebz) |
| Filing 21 SECOND EXPEDITED MOTION FOR REFERRAL TO VOLUNTEER ATTORNEY PROGRAM BASED ON THE URGENT CIRCUMSTANCES TO PROPERLY PREPARE THE EMERGENCY MOTION FOR INJUNCTIVE RELIEF REQUESTED BY THURSDAY, 05 OCTOBER 2023 by David Q. Webb. (ebz) |
| Filing 20 SECOND AMENDED VERIFIED COMPLAINT against Amanick Boothe, Camillus House, Incorporated, Hilda M. Fernandez, John Gamez, Victoria Mallette O'Bryan, Mayor of Miami-Dade County, Miami-Dade County Government, Miami-Dade County Homeless Trust, filed by David Q. Webb.(ebz) |
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Filing 19
PAPERLESS ORDER: The Court denies #18 Plaintiff David Q. Webb's emergency pro se motion for injunctive relief. The Court previously dismissed this case without prejudice, finding Webb's amended complaint to be a shotgun pleading. (See ECF No. 17.) The Court explained that Webb had failed to address the deficiencies identified in the Court's prior order striking his original complaint as a shotgun pleading and once again submitted an incomprehensible complaint. Accordingly, among other defects, Webb has clearly failed to establish a likelihood of success on the merits, as required to succeed on a motion for preliminary injunctive relief pursuant to Fed. R. Civ. Pro. 65. As the Court previously explained when it denied Webb's prior motion for emergency injunctive relief, while the Court understands Webb will likely suffer irreparable harm without housing, he has failed to provide the factual or legal support that would justify the Court's ordering any of the Defendants to provide the emergency relief he requests. (See ECF No. 14.) Unfortunately, the same remains true of Webb's most recent emergency motion. Signed by Judge Robert N. Scola, Jr. (abo)
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| Filing 18 SECOND EMERGENCY MOTION FOR INJUNCTIVE RELIEF REQUESTED BY MONDAY, 02 OCTOBER 2023 by David Q. Webb. (ebz) |
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Filing 17
Order of Dismissal. Accordingly, the Court dismisses this case without prejudice. Accordingly, the Court dismisses Webb's amended complaint as a shotgun pleading, albeit without prejudice. (See ECF Nos. #7 , #9 , #11 .) As a result, this case is to remain closed. In addition, because the Court has dismissed Webb's amended complaint as a shotgun pleading, it denies his motions for referral to a volunteer attorney program as moot because Webb has not filed a complaint that sufficiently establishes how he can validly proceed with this litigation. (ECF No. #8 , #15 , #16 .) Signed by Judge Robert N. Scola, Jr on 9/26/2023. See attached document for full details. (nan)
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| Filing 16 SUPPLEMENTAL EXPEDITED MOTION FOR REFERRAL TO VOLUNTEER ATTORNEY PROGRAM BASED ON THE URGENT CIRCUMSTANCES TO PROPERLY PREPARE THE EMERGENCY MOTION FOR INJUNCTIVE RELIEF REQUESTED BY THURSDAY, 27 SEPTEMBER 2023 by David Q. Webb. (ebz) |
| Filing 15 EXPEDITED MOTION for Referral to Volunteer Attorney Program by David Q. Webb. (ls) |
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Filing 14
PAPERLESS ORDER: The Court denies #13 Plaintiff David Q. Webb's emergency pro se motion for injunctive relief. Although the relief Webb seeks is not entirely clear, it appears his grievances stem from his expulsion from a homeless shelter. Webb describes his expulsion as unlawful but his allegations are largely conclusory, nearly impossible to parse, and devoid of supporting facts. While Webb's situation does appear dire, he fails to substantiate his entitlement to the extraordinary and drastic remedy of injunctive relief or even what the precise contours of the form of the relief he seeks even are. He references seeking placement in an extended-stay hotel for four to six months, but does not otherwise explain how he would qualify for that placement or who has the power to provide it and under what authority. While the Court understands Webb will likely suffer irreparable harm without housing, he has nonetheless failed to provide the factual or legal support that would justify the Court's ordering any of the Defendants to provide the emergency relief he requests. This is especially so given Webb's continued failure to provide notice of his motion to any adverse parties, as required by Federal Rule of Civil Procedure 65, as the Court 12 has previously advised him he needs to do. Signed by Judge Robert N. Scola, Jr. (kbe)
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| Filing 13 EMERGENCY MOTION FOR INJUNCTIVE RELIEF REQUESTED BY THURSDAY, 21 SEPTEMBER 2023 by David Q. Webb. (Attachments: #1 Exhibit, #2 Text of Proposed Order)(ebz) |
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Filing 12
PAPERLESS ORDER denying, without prejudice #10 the Plaintiff David Q. Webb's urgent motion for injunctive relief. Webb's motion is deficient in multiple ways. To begin, the Court's procedures do not allow for the submission of "urgent" motions. Southern District of Florida Local Rule 7.1(d) provides for the Court's emergency or expedited consideration of qualifying matters, for good cause shown, and upon fulfillment of the Local Rule's various requirements. However, even if the Court were to consider Webb's urgent motion pursuant to Local Rule 7.1(d), the motion would still be deficient because it does not, for example, adequately set forth the date by which a ruling is needed, or the reason a ruling is needed by the stated date. More importantly, the motion is deficient because it fails to meet the requirements for injunctive relief. For one, although Webb seems to be moving pursuant to Federal Rule of Civil Procedure 65, he does not meet the requirements for either a preliminary injunction or a temporary restraining order. Rule 65(a)(1) specifies that "[t]he court may issue a preliminary injunction only on notice to the adverse party." Fed. R. Civ. Pro. 65(a)(1) (emphasis added). But none of the Defendants in this case have been served, and Webb fails to otherwise indicate how he has given them notice of the requested relief. For its part, Rule 65(b)(1) provides that a "court may issue a temporary restraining order without written or oral notice to the adverse party or its attorney only if" certain conditions are met. Fed. R. Civ. Pro. 65(b)(1) (emphasis added). Suffice it to say that Webb's motion does not even attempt to comply with those conditions. Finally, the Court briefly notes that, even if it ignored all these procedural deficiencies, Webb's motion would still fail on the merits. Among other defects, Webb has failed to adequately argue a substantial likelihood of success on the merits of his claims, which is one of the well-established requirements for both temporary and preliminary injunctive relief. Signed by Judge Robert N. Scola, Jr. (abo)
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| Filing 11 SECOND SUPPLEMENTAL VERIFIED AMENDED COMPLAINT against Amanick Boothe, Camillus House, Incorporated, Brigitte Cherranfant, Hilda M. Fernandez, John Gamez, Oliver G. Gilbert, III, Jenny Gomez, Anthony Gordon, Samson Hoaward, Kenneth E. King, Victoria Mallette O'Bryan, filed by David Q. Webb. (jas) |
| Filing 10 URGENT MOTION for Injunctive Relief by David Q. Webb. (jas) |
| Filing 9 SUPPLEMENTAL VERIFIED AMENDED COMPLAINT against Amanick Boothe, Camillus House, Incorporated, Brigitte Cherranfant, Hilda M. Fernandez, John Gamez, Oliver G. Gilbert, III, Jenny Gomez, Anthony Gordon, Samson Hoaward, Kenneth E. King, Victoria Mallette O'Bryan, Katherine Martinez, Mayor of Miami-Dade County, Miami-Dade County Government, Miami-Dade County Homeless Trust, Milagros Rodriguez, filed by David Q. Webb.(ebz) |
| Filing 8 MOTION for Referral to Volunteer Attorney Program by David Q. Webb. (ebz) |
| Filing 7 AMENDED VERIFIED COMPLAINT against Amanick Boothe, Camillus House, Incorporated, Brigitte Cherranfant, Hilda M. Fernandez, John Gamez, Jenny Gomez, Anthony Gordon, Kenneth E. King, Victoria Mallette O'Bryan, Katherine Martinez, Mayor of Miami-Dade County, Miami-Dade County Government, Miami-Dade County Homeless Trust, Milagros Rodriguez, filed by David Q. Webb.(ebz) |
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Filing 6
ORDER Granting Motion to Proceed In Forma Pauperis and Striking Complaint; STRIKING #1 Complaint, denying #5 MOTION for Referral to Voluntee, granting #3 MOTION for Leave to Proceed in forma pauperis filed by David Q. Webb. Case is administratively closed. Signed by Judge Robert N. Scola, Jr. on 8/25/2023. See attached document for full details. (jas)
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| Filing 5 MOTION for Referral to Volunteer Attorney Program by David Q. Webb. (scn) |
| Filing 4 Consent by Pro Se Litigant (Non-Prisoner) David Q. Webb to receive Notices of Electronic Filing at email address: dWebb4491@gmail.com (scn) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by David Q. Webb. (scn) |
| 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. (scn) |
| Filing 1 STRICKEN per DE#6 , COMPLAINT against Amanick Boothe, Camillus House, Incorporated, Brigitte Cherranfant, Hilda M. Fernandez, John Gamez, Oliver G. Gilbert, III, Jenny Gomez, Anthony Gordon, Samson Hoaward, Kenneth E. King, Victoria Mallette O'Bryan, Katherine Martinez, Mayor of Miami-Dade County, Miami-Dade County Government, Miami-Dade County Homeless Trust, Milagros Rodriguez. Filing fees $ 402.00. IFP Filed, filed by David Q. Webb. (Attachments: #1 Civil Cover Sheet)(scn) Modified text on 8/25/2023 (jas). |
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