Suarez v. Whole Foods Market IP Inc. et al
| Joel A. Horta Suarez |
| Whole Foods Market IP Inc., Downtown Brickell, Employee Ezequiel, Employee James, Employee Ryan and Employee Mike |
| 1:2023cv23456 |
| September 11, 2023 |
| US District Court for the Southern District of Florida |
| Beth Bloom |
| Lisette M Reid |
| Kathleen M Williams |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 25, 2023. A more recent docket listing may be available from PACER.
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Filing 20
PAPERLESS ORDER. THIS MATTER is before the Court sua sponte. Pursuant to Federal Rule of Civil Procedure 4(m), Plaintiff shall effect service of process and file proof of service of the Complaint on all Defendants no later than November 27, 2023. All claims against any Defendant that has not been served with notice of this action by that day--evidenced by valid proof of service filed to the docket--will be dismissed without prejudice pursuant to Rule 4(m). Signed by Judge Kathleen M. Williams on 10/25/2023. (rm04)
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Filing 19
Order Of Instructions To Pro Se Litigant. Signed by Judge Kathleen M. Williams on 9/25/2023. See attached document for full details. (rbe)
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Filing 18
Order Of Referral And Notice Of Court Practice And Procedures. All discovery disputes and non-dispositive pretrial motions in this matter are REFERRED to Magistrate Judge Lisette M. Reid. Signed by Judge Kathleen M. Williams on 9/25/2023. See attached document for full details. (rbe)
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Filing 17
ORDER OF RECUSAL. Judge Roy K. Altman recused. Case reassigned to Judge Kathleen M. Williams for all further proceedings. Signed by Judge Roy K. Altman on 9/13/2023. See attached document for full details. (vjk)
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Filing 16
Order Providing Instructions To Pro Se Litigants. Signed by Judge Roy K. Altman on 9/12/2023. See attached document for full details. (rbe)
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Filing 15
Order In Cases With Multiple Defendants. Signed by Judge Roy K. Altman on 9/12/2023. See attached document for full details. (rbe)
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Filing 14
PAPERLESS ORDER. Federal Rule of Civil Procedure 4(m) requires the Plaintiff to serve the summons and complaint on each defendant within 90 days after the filing of the complaint. See Fed. R. Civ. P. 4(m). The Plaintiff filed this action on August 29, 2023, giving him until November 27, 2023, to perfect service. See Complaint #1 . As of this writing, the Plaintiff hasn't filed proof of service on the Defendants. See generally Docket. In his Complaint, the Plaintiff appears to argue that he has already "served personally the Documents in relation with the action on Whole Foods Market representative 'Mike.'" Complaint at 7. The Plaintiff also filed #9 a "Summons" on the docket, in which he indicated that he "personally served the summons on the individual by leaving the process with the defendant or with an officer or agent of defendant." Id. at 5. Rule 4(c) of the Federal Rules of Civil Procedure provides that a "summons must be served with a copy of the complaint....[by] any person who is at least 18 years old and not a party." (emphasis added). We remind the Plaintiff that failure to comply with the federal and local rules may result in sanctions, including dismissal without further notice. Signed by Judge Roy K. Altman on 9/12/2023. (lcr)
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Filing 13
ORDER OF RECUSAL. Judge Beth Bloom recused. Case reassigned to Judge Roy K. Altman for all further proceedings. Signed by Judge Beth Bloom on 9/11/2023. See attached document for full details. (vjk)
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| Filing 12 Clerks Notice of Judge Assignment to Judge Beth Bloom. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Alicia M. Otazo-Reyes 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. (bb) |
| Filing 11 Case transferred in from New York Southern; Case Number 1:23-cv-07723. Electronic file including transfer order and docket sheet received. .(bb). |
| CASE TRANSFERRED OUT ELECTRONICALLY from the U.S.D.C. Southern District of New York to the United States District Court - District of Southern District of Florida. (sac) |
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Filing 10
TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Southern District of Florida. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to be made by the transferee court. A summons shall not issue from this Court. This order closes this case in this court. All other motions are terminated. The Court certifies, pursuant to 28 U.S.C 1915(a)(3), that any appeal from this order would not be taken in good faith, and therefore in forma pauperis status is denied for the purpose of an appeal. See Coppedge v. United States, 369 U.S. 438, 444-45 (1962). (terminating #3 Motion re: #3 MOTION FOR TRANSFER TO CURE WANT OF JURISDICTION.; terminating #7 Motion to Serve) SO ORDERED. (Signed by Judge Laura Taylor Swain on 9/1/2023) (sac) Transmission to Office of the Clerk of Court for processing.
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| Filing 9 REQUEST FOR ISSUANCE OF SUMMONS as to Whole Foods Market Downtown Miami[Also Whole Foods Market IP Inc.; or Whole Foods Market from now on this document], re: #1 Complaint. Document filed by Joel A. Horta Suarez. (sc) |
| Filing 8 CIVIL COVER SHEET filed. (sc) |
| Filing 7 MOTION TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK FOR PERMISSION TO SERVE PERSONALLY WHOLE FOODS MARKET DOWNTOWN MIAMI. Document filed by Joel A. Horta Suarez.(sc) |
| Filing 6 MOTION TO THE U.S. DISTRICT COURT FOR THE SOUTHERN DISTRICT OF NEW YORK FOR LEAVE TO PROCEED WITHOUT PAYMENT OF FEES IN ACTION FOR VIOLATION OF CIVIL RIGHTS & SPECIFIC PERFORMANCE OF SECURITY INTEREST(APPLICATION TO PROCEED WITHOUT PREPAYMENT OF FEES OR COSTS). Document filed by Joel A. Horta Suarez.(sc) |
| Filing 5 APPLICATION TO PROCEED IN DIST. COURT WITHOUT PREPAYING FEES OR COSTS. Document filed by Joel A. Horta Suarez.(sc) Modified on 9/1/2023 (sc). |
| Transmission to Pro Se Assistants. Transmitted re: #9 Request for Issuance of Summons, to the Pro Se Assistants for processing. (sc) |
| NOTICE OF CASE REASSIGNMENT - SUA SPONTE to Judge Laura Taylor Swain. Judge Unassigned is no longer assigned to the case. (sgz) |
| Filing 4 NOTICE OF PRO SE APPEARANCE by Joel A. Horta Suarez. (sc) |
| Filing 3 MOTION[PROPHYLACTIC OR ANTICIPATORY] FOR TRANSFER TO CURE WANT OF JURISDICTION. Document filed by Joel A. Horta Suarez.(sc) |
| Filing 2 NOTICE of Undue Denial of Access to Pacer and ECF System. Document filed by Joel A. Horta Suarez..(rdz) |
| Filing 1 COMPLAINT against Downtown Brickell, Ezequiel, James, Mike, Ryan, Whole Foods Market IP Inc.. Document filed by Joel A. Horta Suarez..(rdz) (Additional attachment(s) added on 8/30/2023: #1 Exhibit 1, #2 Exhibit a, #3 Exhibit, #4 Exhibit) (rdz). |
| Case Designated ECF. (rdz) |
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