Montford v. Pryor, Jr. et al
| John Montford |
| William H. Pryor, Jr., Lanier Anderson, III, Gerald Tjoflat, Rosemary Barkett, Stanley Birch, Edward Carnes, Joel Dubina, James Edmondson, Joseph P. Farina, Frank Hull, Charles Wilson, William Zloch, James Caruso, David Smith, Federico Moreno, Marcia Cooke, Joan Lenard, Jose Martinez, Robert Dube, Ted Bandstra, Miami-Dade County, Miami-Dade Police Department, City of Coral Gables, City of Coral Gables Police Department, American Arbitration Association, Magnetic Resonance Institute, Marco Rubio and Federica Wilson |
| 1:2024cv20381 |
| January 31, 2024 |
| US District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Other Statutory Actions |
| 28 U.S.C. § 1442 Notice of Removal |
| Both |
Docket Report
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This docket was last retrieved on March 27, 2024. A more recent docket listing may be available from PACER.
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Filing 44
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 3/27/2024. See attached document for full details. (nan)
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Filing 43
PAPERLESS ORDER REFERRING PRETRIAL MATTERS TO MAGISTRATE JUDGE MARTY ELFENBEIN. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, this case is hereby referred to United States Magistrate Judge Marty Elfenbein to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters including discovery, and for a Report and Recommendation on any dispositive matters, except for motions affecting any deadlines set by this Order or the Court's forthcoming order scheduling trial. In addition, the Parties are hereby ORDERED to comply with Magistrate Judge Marty Elfenbein's discovery procedures. Signed by Judge K. Michael Moore on 3/26/2024. (rhr)
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| Filing 42 MOTION for Contempt against these lying, law breaking Judges for fixing cases by refusing to obey Superior Court Discovery Orders by John Montford. Responses due by 4/3/2024. (drz) |
| Filing 41 MOTION to Agree, By Lying Judge Kevin Michael Moore is trying to Continue this Racist Conspiracy by John Montford. (drz) |
| Filing 40 MOTION to Agree the 11th Circuit is Proven to be a Racist Kanagroo Court by Responding to the Superior Court Discovery Orders with Nothing but Lies by John Montford. (drz) |
| Filing 39 MOTION to Strike Consolidation and Mooting of Motions Pursuant to 28 U.S.C. 455(a) by John Montford. Responses due by 3/18/2024. (nan) |
| Filing 38 MOTION to Clarify the Never Issued Sanctions Required by 11th Circuit Mandate No. 98-5186 ("Mandate"). by John Montford. (nan) |
| Filing 37 SECOND MOTION to Apply Rule 37 Sanctions and Stay Proceedings until that is fully done. (Responses due by 3/13/2024.) by John Montford. (nan) |
| Filing 36 MOTION to Confirm that Committing the Rule 37(b)(2)(c) Motion from the Transfer was part of this cover-up conspiracy. by John Montford. (nan) |
| Filing 34 MOTION to Dismiss the State Court Complaint contained within the Notice of Removal with Prejudice #1 Notice of Removal (State Court Complaint),, by City of Coral Gables, City of Coral Gables Police Department. Responses due by 3/13/2024. (Attachments: #1 Exhibit A - Order of 10/27/1997, #2 Exhibit B - Plaintiff Complaint, #3 Exhibit C - Final Order of Dismissal of 7/18/1997, #4 Exhibit D - Order of 10/27/1997, #5 Exhibit E - Order of 5/19/1998, #6 Exhibit F - Order of 9/24/2001, #7 Exhibit G - Report and Recommendation of 8/01/2001, #8 Exhibit H - 11th Circuit Decision, #9 Exhibit I - Order of 4/30/2004, #10 Exhibit J - 11th Circuit Decision, #11 Exhibit K - Report and Recommendation of 8/08/2006, #12 Exhibit L - Order of 8/22/2006, #13 Exhibit M - 11th Circuit Decision, #14 Exhibit N - Order of 7/24/2008, #15 Exhibit O - Order of 8/8/2008)(Welstead, Christine) |
| Filing 35 Plaintiff's MOTION to Clarify the Main Lie Used in this Criminal, Lying Spree of a Racist Conspiracy by John Montford. (nan) |
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Filing 33
PAPERLESS ORDER. THIS CAUSE came before the Court upon Plaintiff's multiple emergency motions. See (ECF Nos. #25 , #26 , #27 , #28 , #29 , #30 , #32 ). Rule 7.1(d) of the Southern District of Florida Local Rules provides that an emergency motion "must set forth in detail the nature of the emergency, the date by which a ruling is necessary, and the reason the ruling is needed by the stated date." S.D. Fla. L.R. 7.1(d) (emphasis added). Moreover, that rule requires the filer to "certify that the matter is a true emergency" by including prescribed language in the motion's signature block. Id. Plaintiff has not complied with the Southern District of Florida Local Rules in any of the above-mentioned motions, and without such compliance the Court does not consider Plaintiff's Motions to be an emergency. Therefore, the Court will consider Plaintiff's Motions in the ordinary course. Signed by Judge K. Michael Moore on 2/26/2024. (rhr)
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| Filing 32 SECOND MOTION to Strike all Filings and Docket Entry from this Court and the U.S. Attorney ("the Court") from 2/2/24 till 2/16/24 for non-service by John Montford. Responses due by 3/11/2024. (nan) |
| Filing 31 MOTION to file Plaintiff's Second Motion to Strike and Emergency Motion to Remand to Fulfill the Formatting Order that was never received. by John Montford. Responses due by 3/11/2024. (nan) |
| Filing 30 SECOND EMERGENCY MOTION to Stay Proceedings and Remand this Lawsuit due to the Statement for the Nature of the Claims is an Absolute Intentional Lie and the Pending Rule 37(b)(2)(C) Motion was not Transferred (Page 3 of 3) by John Montford. Responses due by 3/11/2024. (nan) |
| Filing 29 SECOND EMERGENCY MOTION to Stay Proceedings and Remand this Lawsuit due to the Statement for the Nature of the Claims is an Absolute Intentional Lie and the Pending Rule 37(b)(2)(C) Motion was not Transferred (Page 2 of 3) by John Montford. Responses due by 3/11/2024. (nan) |
| Filing 28 SECOND EMERGENCY MOTION to Stay Proceedings and Remand this Lawsuit due to the Statement for the Nature of the Claims is an Absolute Intentional Lie and the Pending Rule37(b)(2)(C) Motion was not Transferred (Page 1 of 3) by John Montford. Responses due by 3/11/2024. (nan) |
| Filing 27 THIRD EMERGENCY MOTION to Stay Proceedings and Remand this Law Suit due to the Statement for the Nature of the Claims is an absolute Intentional Lie and the pending Rule37(b)(2)(C) Motion was not Transferred (Page 3 of 3) by John Montford. Responses due by 3/7/2024. (drz) |
| Filing 26 SECOND EMERGENCY MOTION to Stay Proceedings and Remand this Law Suit due to the Statement for the Nature of the Claims is an absolute Intentional Lie and the pending Rule37(b)(2)(C) Motion was not Transferred (Page 2 of 3) by John Montford. Responses due by 3/7/2024. (drz) |
| Filing 25 EMERGENCY MOTION to Stay Proceedings and Remand this Law Suit due to the Statement for the Nature of the Claims is an absolute Intentional Lie and the pending Rule37(b)(2)(C) Motion was not Transferred (Page 1 of 3) by John Montford. Responses due by 3/7/2024. (drz) Modified text on 2/23/2024 (drz). |
| Filing 24 MOTION to Strike all Filings and Docket Entrys from this Court and the U.S. Attorney ("the Court") from 2/2/24 till 2/16/24 for Non-Service by John Montford. Responses due by 3/5/2024. (ls) |
| Filing 23 Second MOTION to Stay Proceedings ( Responses due by 3/5/2024.), MOTION to Grant Recusal of the 11th Circuit and Apply Rule 37 Thereafter (ls) |
| Filing 22 Second MOTION for Default Judgment against these Judges; Dade County; and MRI, for Concealment of Case Proving Evidence by Disobeying Discovery Orders and to have same run Continuously by John Montford. (ls) |
| Filing 21 MOTION to Obey the Laws under Rules: One (1) and 37(b)(2)(A)(iv) that say: For Concealment of Case Proving Evidence you must Stay further Proceedings until Discovery Orders are Obeyed by John Montford. (ls) |
| Filing 20 NOTICE of Summons Service Issues by John Montford (ls) |
| Filing 19 MOTION by Law Under (F.R.C.P. "Rule") 37(b)(2)(ii) and (vi) to hold Dade County; Magnetic Resonance Institute ("MRI') and the Judges involved (these Defendants) in Default for Fraudulent Concealment of the Case Proving Evidence. by John Montford. (nan) |
| Filing 18 MOTION to Finally Obey the Superior Court Discovery and Fact-Finding Orders in 11th Circuit Mandate number 98-5186 ("Mandate") by John Montford. (nan) |
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Filing 17
PAPERLESS ORDER. THIS CAUSE came before the Court upon the Federal Defendants' Motion to Stay Proceedings and Excuse Compliance with Local Rule 7.1(a)(3) ("Motion"). #16 . Therein, Defendants request that this matter be stayed until the adjudication of their motion to dismiss. Id. at 5. Moreover, Defendants request that the Court excuse them from complying with Local Rule 7.1(a)(3) which requires them to confer with Plaintiff. See id. "The district court has broad discretion to stay proceedings as an incident to its power to control its own docket." Four Seasons Hotels & Resorts, B.V. v. Consorcio Barr S.A., 377 F.3d 1164, 1172 n.7 (11th Cir. 2004) (quoting Clinton v. Jones, 520 U.S. 681, 706 (1997)). The length of the requested stay will not be indefinite or immoderate. See Ortega Trujillo v. Conover & Co. Commc'ns, 221 F.3d 1262, 1264 (11th Cir. 2000). Accordingly, UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion to Stay #16 is GRANTED. This action is hereby stayed until the Court adjudicates the motion to dismiss #15 . The Federal Defendants are also excused from complying with Local Rule 7.1(a)(3) as to the Plaintiff. Signed by Judge K. Michael Moore on 2/13/2024. (rhr)
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| Filing 16 MOTION to Stay re #1 Notice of Removal (State Court Complaint),, and Excuse Compliance With Local Rule 7.1(a)(3) by Lanier Anderson, III, Rosemary Barkett, Edward Carnes, Joel Dubina, James Edmondson, Frank Hull, Joan Lenard, Jose Martinez, Federico Moreno, William H. Pryor, Jr., Marco Rubio, David Smith, Gerald Tjoflat, Charles Wilson, Federica Wilson, William Zloch. Responses due by 2/27/2024. (Attachments: #1 Text of Proposed Order)(Donlan, Maureen) |
| Filing 15 MOTION for Recusal by John Montford. (nan) |
| Filing 14 MOTION to Obey the Screams from Law/Justice that say: "The 11th Circuit has Already Proven it is Racist and Does fix Cases and because of this Racist Past, Plaintiff's Attorney Fees Should be Granted Fast....As in First by John Montford (nan) Modified text on 2/15/2024 (nan). |
| Reset Response/Answer Due Deadline: City of Coral Gables response/answer due 3/11/2024; City of Coral Gables Police Department response/answer due 3/11/2024. (ls)(per DE #13) |
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Filing 13
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants The City of Coral Gables and The City of Coral Gables Police Department's Motion for Enlargement of Time to Respond to Plaintiff's Complaint. #7 . Therein, Defendants request a brief extension of time to file a response "so that they may investigate prior claims made by Plaintiff against these same Defendants, which the Defendants believe to have been fully adjudicated on the merits." Id. at 3. UPON CONSIDERATION of the Motion, the pertinent portions of the record, and being otherwise fully advised in the premises, it is hereby ORDERED AND ADJUDGED that the Motion #7 is GRANTED. Defendant shall file a response on or before March 11, 2024. Signed by Judge K. Michael Moore on 2/7/2024. (rhr)
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| Filing 12 NOTICE of Attorney Appearance by Maria Lucia Larrabure on behalf of Magnetic Resonance Institute (Larrabure, Maria) |
| Filing 11 NOTICE of Compliance by Magnetic Resonance Institute re #1 Notice of Removal (State Court Complaint),, filed by Gerald Tjoflat, Joel Dubina, James Edmondson, Federico Moreno, William Zloch, Federica Wilson, Jose Martinez, Robert Dube, Marco Rubio, Miami-Dade County, Marcia Cooke, William H. Pryor, Jr., City of Coral Gables, David Smith, Joan Lenard, Charles Wilson, Magnetic Resonance Institute, City of Coral Gables Police Department, Frank Hull, Miami-Dade Police Department, Joseph P. Farina. Attorney Maria Lucia Larrabure added to party Magnetic Resonance Institute(pty:dft). (Larrabure, Maria) |
| Filing 10 NOTICE of Compliance by American Arbitration Association (Attachments: #1 Exhibit A - AAAs Motion to Dismiss Plaintiffs Complaint, #2 Exhibit B - Plaintiffs Motion to Deny the Lie A.A.A. is Using for Dismissal) (Ingalls, Andrew) |
| Filing 9 MOTION to Dismiss for Lack of Jurisdiction #1 Notice of Removal (State Court Complaint),, and, MOTION TO DISMISS #1 Notice of Removal (State Court Complaint),, FOR FAILURE TO STATE A CLAIM ( Responses due by 2/20/2024.) by Lanier Anderson, III, Rosemary Barkett, Edward Carnes, Joel Dubina, James Edmondson, Frank Hull, Joan Lenard, Jose Martinez, Federico Moreno, William H. Pryor, Jr., Marco Rubio, David Smith, Gerald Tjoflat, Charles Wilson, Federica Wilson, William Zloch. (Donlan, Maureen) |
| Filing 8 Notice of Pending, Refiled, Related or Similar Actions by Lanier Anderson, III, Rosemary Barkett, Edward Carnes, Joel Dubina, James Edmondson, Frank Hull, Joan Lenard, Jose Martinez, Federico Moreno, William H. Pryor, Jr., Marco Rubio, David Smith, Gerald Tjoflat, Charles Wilson, Federica Wilson, William Zloch (Donlan, Maureen) |
| Filing 7 MOTION for Extension of Time to File Response/Reply/Answer as to #1 Notice of Removal (State Court Complaint),, by City of Coral Gables, City of Coral Gables Police Department. Attorney Christine L. Welstead added to party City of Coral Gables(pty:dft), Attorney Christine L. Welstead added to party City of Coral Gables Police Department(pty:dft). (Attachments: #1 Text of Proposed Order)(Welstead, Christine) |
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Filing 6
PAPERLESS ORDER REFERRING PRETRIAL MATTERS TO MAGISTRATE JUDGE MELISSA DAMIAN. PURSUANT to 28 U.S.C. 636 and the Magistrate Judge Rules of the Local Rules of the Southern District of Florida, this case is hereby referred to United States Magistrate Judge Melissa Damian to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters including discovery, and for a Report and Recommendation on any dispositive matters, except for motions affecting any deadlines set by this Order or the Court's forthcoming order scheduling trial. In addition, the Parties are hereby ORDERED to comply with Magistrate Judge Damians discovery procedures. Signed by Judge K. Michael Moore on 2/2/2024. (rhr)
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Filing 5
PAPERLESS PRETRIAL ORDER. THIS ORDER has been entered upon the filing of a Notice of Removal. Counsel for the removing party is hereby ORDERED to forward a copy of this Order to all other parties. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference within twenty (20) days of the date of this Order. Within ten (10) days of the scheduling conference, counsel shall file a Joint Scheduling Report. The report shall indicate the proposed month and year for the trial and the estimated number of days required for trial. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer, or may offer, if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (A) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (B) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address, and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibility of a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. Failure of counsel to file a joint scheduling report may result in remand or dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The filing of a motion to dismiss, or other motion, does not toll the time for filing a joint scheduling report. Counsel for the non-removing party must file a motion to remand the case on the basis of any defect other than lack of subject matter jurisdiction within thirty (30) days after the filing of the Notice of Removal. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 2/2/2024. (rhr)
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| Filing 4 Bar Letter re: Admissions sent to attorney Maria L. Larraburse, mailing date February 1, 2024, (pt) |
| Filing 3 NOTICE of Compliance by American Arbitration Association, Lanier Anderson, III, Ted Bandstra, Rosemary Barkett, Stanley Birch, Edward Carnes, James Caruso, City of Coral Gables, City of Coral Gables Police Department, Marcia Cooke, Robert Dube, Joel Dubina, James Edmondson, Joseph P. Farina, Frank Hull, Joan Lenard, Magnetic Resonance Institute, Jose Martinez, Miami-Dade County, Miami-Dade Police Department, Federico Moreno, William H. Pryor, Jr., Marco Rubio, David Smith, Gerald Tjoflat, Charles Wilson, Federica Wilson, William Zloch. Attorney Maureen Donlan added to party American Arbitration Association(pty:dft), Attorney Maureen Donlan added to party Lanier Anderson, III(pty:dft), Attorney Maureen Donlan added to party Ted Bandstra(pty:dft), Attorney Maureen Donlan added to party Rosemary Barkett(pty:dft), Attorney Maureen Donlan added to party Stanley Birch(pty:dft), Attorney Maureen Donlan added to party Edward Carnes(pty:dft), Attorney Maureen Donlan added to party James Caruso(pty:dft). (Attachments: #1 Exhibit 1) (Donlan, Maureen) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Melissa Damian 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. (wce) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Complaint) Filing fee $405.00. USA Filer - No Filing Fee Required, filed by Frank Hull, William H. Pryor, Jr., Marcia Cooke, Miami-Dade County, Joan Lenard, William Zloch, Federico Moreno, Miami-Dade Police Department, Federica Wilson, City of Coral Gables Police Department, Magnetic Resonance Institute, Marco Rubio, James Edmondson, Charles Wilson, David Smith, Robert Dube, Joel Dubina, Gerald Tjoflat, City of Coral Gables, Joseph P. Farina, Jose Martinez. (No Answer/ Motion to Dismiss Filed) (Attachments: #1 Civil Cover Sheet, #2 Civil Cover Sheet, #3 Exhibit 1)(Donlan, Maureen) Modified Text on 1/31/2024 (wce). |
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