Shaik v. Tokmedia Enterprises LLC. et al
| Zak Shaik d/b/a Sabur Private Wealth Management, a Registered Investment Advisor |
| Ryan Burr, Tokmedia Enterprises LLC., Avery Palmeri, Jacob Doe, Kyle O'Conner, Kate Creveling and Anthony Edinson |
| 1:2024cv24863 |
| December 11, 2024 |
| U.S. District Court for the Southern District of Florida |
| Rodolfo A Ruiz |
| Contract: Other |
| 28 U.S.C. ยง 1332 Diversity |
| Plaintiff |
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Filing 9
PAPERLESS ORDER striking #8 Amended Complaint. On December 22, 2024, the Court issued an Order dismissing Plaintiff's original Complaint ("Order Dismissing Complaint"). [ECF No. 4]. The Dismissal Order dismissed the Complaint for failure to state a claim, noted deficiencies in Plaintiff's application to proceed in forma pauperis ("IFP Application"), [ECF No. 3], and required Plaintiff to file an amended complaint and supplemental affidavit to his IFP Application on or before January 17, 2025, if he wished to maintain this action. The Order Dismissing Complaint warned Plaintiff that "failure to file the amended complaint and/or the supplemental affidavit on time and in compliance with this Order shall result in dismissal of this case for failure to prosecute or failure to comply with court orders." Id. at 10 (emphasis added).Plaintiff failed to file an amended complaint or supplemental affidavit on or before January 17, 2025, and on January 22, 2025, the Court issued an Order of Dismissal, [ECF No. 7], dismissing and closing the case pursuant to the Court's authority under Federal Rule of Civil Procedure 41(b). Plaintiff then filed an Amended Complaint on January 23, 2025, which also provided a supplemental affidavit on Plaintiff's IFP Application. See [ECF No. 8]. However, this filing was untimely and entered after the Court had already dismissed the case. And even if the Amended Complaint and the enclosed supplemental affidavit had been timely filed, they are still not in compliance with the Court's Order Dismissing Complaint as the Amended Complaint fails to cure the original Complaint's shotgun pleading deficiencies and the supplemental affidavit is not filed under penalty of perjury, as required by the Order of Dismissal. See [ECF No. 7] at 9.Accordingly, the Amended Complaint, [ECF No. 8], is hereby STRICKEN. See FED. R. CIV. P. 41(b); Webb v. Miami-Dade Cnty. Gov't, No. 24-10406, 2024 WL 3454690, at *3 (11th Cir. July 18, 2024) ("When a plaintiff fails to comply with a court order, a district court generally has discretion to dismiss the action under either the Federal Rules of Civil Procedure or its inherent authority to manage its docket") (citing Betty K Agencies, Ltd. v. M/V MONADA, 432 F.3d 1333, 1337 (11th Cir. 2005)). Any further filings by Plaintiff will be similarly stricken as this case is CLOSED. Signed by Judge Rodolfo A. Ruiz, II on 1/24/2025. (jgz)
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| Filing 8 STRICKEN. AMENDED COMPLAINT against Ryan Burr, Kate Creveling, Jacob Doe, Anthony Edinson, Kyle O'Conner, Avery Palmeri, Tokmedia Enterprises LLC., filed by Zak Shaik.(drz) Modified per DE 9 Order on 1/27/2025 (ebz). |
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Filing 7
ORDER of Dismissal. Signed by Judge Rodolfo A. Ruiz, II on 1/22/2025. See attached document for full details. (jgz)
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| Filing 6 CLERK'S NOTICE re #5 Consent by Pro Se Litigant to Receive Notices of Electronic Filing. Please note that the email address for Zak Shaik has not been added. The Filer did not select or agree to ALL the terms and conditions on the consent form provided. (jc) |
| Filing 5 Consent by Pro Se Litigant (Non-Prisoner) Zak Shaik to receive Notices of Electronic Filing at email address: [email protected] (ar24) |
| Civil Case Terminated per order DE #4 . Closing Case. (drz) |
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Filing 4
ORDER DISMISSING COMPLAINT. Signed by Judge Rodolfo A. Ruiz, II on 12/22/2024. See attached document for full details. (jgz)
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| Filing 3 MOTION for Leave to Proceed in forma pauperis by Zak Shaik. (pc) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Rodolfo A. Ruiz, II. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Lauren F. Louis 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. (pc) |
| Filing 1 COMPLAINT against Ryan Burr, Kate Creveling, Jacob Doe, Anthony Edinson, Kyle O'Conner, Avery Palmeri, Tokmedia Enterprises LLC.. Filing fees $ 405.00 (FEE NOT PAID). IFP Filed, filed by Zak Shaik. (Attachments: #1 Civil Cover Sheet)(pc) |
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