Paul-Noel III v. Miami-Dade County et al
| Andre Paul-Noel III |
| Miami-Dade County, Regina Shaw and James Martin |
| 1:2025cv22852 |
| June 25, 2025 |
| U.S. District Court for the Southern District of Florida |
| Roy K Altman |
| Habeas Corpus (Prison Condition) |
| 42 U.S.C. § 1983 State Prisoner Civil Rights |
| Both |
Docket Report
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| Filing 27 NOTICE of Attorney Appearance by Armando Raul Mendez on behalf of James Martin, Miami-Dade County, Regina Shaw. Attorney Armando Raul Mendez added to party James Martin(pty:dft), Attorney Armando Raul Mendez added to party Miami-Dade County(pty:dft), Attorney Armando Raul Mendez added to party Regina Shaw(pty:dft). (Mendez, Armando) |
Filing 26
ORDER. The Defendants' Renewed Motion to Stay Case Pending Ruling on Their Invocation of Qualified Immunity DE #25 is GRANTED. This case is STAYED pending our resolution of the Defendants' Motion to Dismiss DE #18 . The Clerk of Court is directed to CLOSE this case for administrative purposes. Signed by Judge Roy K. Altman on 10/8/2025. See attached document for full details. (ebz)
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| Filing 25 MOTION to Stay Case Pending Ruling on Defendants' Invocation of Qualified Immunity by James Martin, Miami-Dade County, Regina Shaw. Responses due by 10/21/2025. (Attachments: #1 Text of Proposed Order)(Figueroa, Laura) |
| Filing 24 REPLY in Support of Motion re #18 MOTION TO DISMISS #17 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM With Prejudice. Reply filed by James Martin, Miami-Dade County, Regina Shaw. (Figueroa, Laura) |
| Filing 23 RESPONSE in Opposition re #18 MOTION TO DISMISS #17 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM With Prejudice filed by Andre Paul-Noel III. Replies due by 10/6/2025. (ebz) |
| Filing 22 NOTICE of Change of Address/Contact Information; by Andre Paul-Noel III. (Address Updated) (ebz) |
| Filing 21 NOTICE of Attorney Appearance by Laura Alexandra Figueroa on behalf of James Martin, Miami-Dade County, Regina Shaw. Attorney Laura Alexandra Figueroa added to party James Martin(pty:dft), Attorney Laura Alexandra Figueroa added to party Miami-Dade County(pty:dft), Attorney Laura Alexandra Figueroa added to party Regina Shaw(pty:dft). (Figueroa, Laura) |
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Filing 20
PAPERLESS ORDER striking Andre Paul-Noel III's #19 Motion for Summary Judgment ("MSJ"). Our Local Rules require that a motion for summary judgment "be accompanied by a separate and contemporaneously filed and served Statement of Material Facts," which must satisfy certain form requirements. S.D. Fla. L.R. 56.1(a)(1); see also id. 56.1(b) (requiring that all Statements of Material Facts "be filed and served as separate documents" and "consist of separately numbered paragraphs, limited as far as practicable to a single material fact, with each fact supported by specific, pinpoint references to particular parts of record material"). But Paul-Noel hasn't done any of this, so his MSJ runs largely afoul of Local Rule 56.1. See generally MSJ [ECF No. 19]. We therefore STRIKE his MSJ as noncompliant with our Local Rules. We also remind Paul-Noel that he's yet to respond to the Defendants' Motion to Dismiss the Amended Complaint ("MTD") [ECF No. 18]. See generally Docket. As we've explained before, "our Local Rules require Paul-Noel to 'file and serve an opposing memorandum of law no later than fourteen (14) days after service of the motion[,]'... [and] his '[f]ailure to do so may be deemed sufficient cause for granting the motion by default.'" Paperless Order [ECF No. 5] (quoting S.D. Fla. L.R. 7.1(c)(1)). Paul-Noel has until September 23, 2025 to respond to the Defendants' #18 MTD. If he doesn't, we'll grant their MTD by default and dismiss this case. See, e.g., Augusme v. Carlton, 2022 WL 10042943, at *2 (S.D. Fla. Oct. 17, 2022) (Altman, J.) ("Augusme didn't file a response opposing or otherwise objecting to the Motion to Dismisswhich gives us grounds to grant the Motion by default.") Signed by Judge Roy K. Altman on 9/22/2025. (gan)
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| Filing 19 (STRICKEN) MOTION for a Summary Judgment by Andre Paul-Noel III. Responses due by 10/3/2025. (ebz) Modified per DE 20 on 9/23/2025 (amb). |
| Filing 18 MOTION TO DISMISS #17 Amended Complaint/Amended Notice of Removal FOR FAILURE TO STATE A CLAIM With Prejudice by James Martin, Miami-Dade County, Regina Shaw. Responses due by 9/23/2025. (Attachments: #1 Exhibit Package Return Notice, #2 Exhibit TGK-032, #3 Exhibit DSOP 15-002)(Cohen, Fabiana) |
| Filing 17 AMENDED COMPLAINT against James Martin, Miami-Dade County, Regina Shaw filed in response to Order Granting Motion for Leave, filed by Andre Paul-Noel III.(ebz) Modified date filed on 8/26/2025 (ebz). |
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Filing 16
ORDER. Paul-Noel's Motion for Leave to File an Amended Complaint DE #14 is GRANTED. The Clerk is DIRECTED to re-docket Paul-Noel's Supplemental Proposed Amended Complaint [ECF No. 14-1] as his Amended Complaint. Defendants' Motion to Dismiss the Complaint DE #3 and Motion to Stay Case Pending Ruling on Their Invocation of Qualified Immunity DE #15 are DENIED as moot. Paul-Noel's Reply in Support DE #13 is STRICKEN. Signed by Judge Roy K. Altman on 8/26/2025. See attached document for full details. (ebz)
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| Filing 15 MOTION to Stay Case Pending Ruling on Defendants' Invocation of Qualified Immunity by James Martin, Miami-Dade County, Regina Shaw. Responses due by 9/8/2025. (Attachments: #1 Text of Proposed Order)(Cohen, Fabiana) |
| Filing 14 MOTION for Leave to File an Amended Complaint by Andre Paul-Noel III. (Attachments: #1 Supplement Proposed Amended Complaint)(ls) |
| Filing 13 STRICKEN. REPLY in Support of #7 Response in Opposition to Motion by Andre Paul-Noel III. (ls) Modified per DE #16 Order on 8/26/2025 (ebz). |
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Filing 12
PAPERLESS ORDER STRIKING Paul-Noel's #11 Motion for Leave to File an Amended Complaint. Paul-Noel "requests leave to file an amended complaint." Motion [ECF No. 11] at 1. But our Local Rules say that "[a] party who moves to amend a pleading shall attach the original of the amendment to the motion," which Paul-Noel hasn't done. S.D. Fla. L.R. 15.1 (emphasis added). We'll therefore STRIKE Paul-Noel's Motion as noncompliant with our Local Rules. Paul-Noel may refile a renewed motion that complies with our Rules. Signed by Judge Roy K. Altman on 8/12/2025. (gan)
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| Filing 10 REPLY in Support of Motion re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . filed by James Martin, Miami-Dade County, Regina Shaw. (Cohen, Fabiana) |
| Filing 11 (STRICKEN) MOTION for Leave to File an Amended Complaint by Andre Paul-Noel III. (ebz) Modified per DE 12 on 8/13/2025 (amb). |
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Filing 9
PAPERLESS ORDER granting the Defendants' #8 Motion for Extension of Time. On or before August 12, 2025, the Defendants may file their reply to the Plaintiff's #7 Response in Opposition to Defendants' Motion to Dismiss. Signed by Judge Roy K. Altman on 7/23/2025. (gan)
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| Filing 8 MOTION for Extension of Time to File Response/Reply/Answer as to #7 Response in Opposition to Motion by James Martin, Miami-Dade County, Regina Shaw. Attorney Jennifer Laura Hochstadt added to party James Martin(pty:dft), Attorney Jennifer Laura Hochstadt added to party Miami-Dade County(pty:dft), Attorney Jennifer Laura Hochstadt added to party Regina Shaw(pty:dft). (Attachments: #1 Text of Proposed Order)(Hochstadt, Jennifer) |
| Set/Reset Deadlines/Hearings per DE 9 Order re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM . Replies due by 8/12/2025. (amb) |
| Filing 7 RESPONSE in Opposition re #3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM filed by Andre Paul-Noel III. Replies due by 7/29/2025. (ebz) |
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Filing 5
PAPERLESS ORDER denying without prejudice Andre Paul-Noel III's #4 Motion for Appointment of Counsel. Paul-Noel says that he needs a lawyer because, among other things, his "imprisonment will greatly limit his ability to litigate" and he has "limited access to a law library and limited knowledge of the law." Motion [ECF No. 4] at 1. "Appointment of counsel in a civil case is not a constitutional right." Fowler v. Jones, 899 F.2d 1088, 1096 (11th Cir. 1990). Rather, "[i]t is a privilege that is justified only by exceptional circumstances, such as where the facts and legal issues are so novel and complex as to require the assistance of a trained practitioner." Ibid. (emphasis added). Paul-Noel hasn't given us an exceptional circumstance. In the Complaint, Paul-Noel alleges that jail staff denied him "rosary religious prayer be[a]ds" to "freely exercise his religious belief[s]." Complaint [ECF No. 1-1] at 23. Paul-Noel brings seven federal- and state-law claims against the Defendants, including claims of state-law negligent hiring, retention, and training, and violations of his First and Fourteenth Amendment rights. See generally id. [ECF No. 1-1]. We don't think there's anything novel or complex about the factual and legal issues in Paul-Noel's case, so we won't appoint him a lawyer at this time. We've also yet to decide the Defendants' #3 Motion to Dismiss ("MTD")to which Paul-Noel hasn't responded. See generally Docket. Our Local Rules require Paul-Noel to "file and serve an opposing memorandum of law no later than fourteen (14) days after service of the motion." S.D. Fla. L.R. 7.1(c)(1). We warn Paul-Noel that his "[f]ailure to do so may be deemed sufficient cause for granting the motion by default." Ibid. And the leniency we generally afford pro se litigants (like Paul-Noel) "does not extend to [their] failure to comply with either federal procedural rules or local court rules." Jarzynka v. St. Thomas Univ. Sch. of Law, 310 F. Supp. 2d 1256, 1264 (S.D. Fla. 2004) (Lenard, J.) (cleaned up). So, we'll give Paul-Noel until August 1, 2025, to file a response to the Defendants' MTD. If he doesn't, we'll grant their MTD by default and dismiss this case. See, e.g., Augusme v. Carlton, 2022 WL 10042943, at *2 (S.D. Fla. Oct. 17, 2022) (Altman, J.) ("Augusme didn't file a response opposing or otherwise objecting to the Motion to Dismisswhich gives us grounds to grant the Motion by default."). Signed by Judge Roy K. Altman on 7/19/2025. (gan)
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Filing 6
ORDER of Instructions to Pro Se Litigant. Signed by Judge Roy K. Altman on 7/18/2025. See attached document for full details. (scn)
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| Filing 4 MOTION for Appointment of Counsel by Andre Paul-Noel III. Responses due by 8/1/2025. (ebz) |
| Filing 3 MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM by James Martin, Miami-Dade County, Regina Shaw. Responses due by 7/16/2025. (Attachments: #1 Exhibit Package Return Notice, #2 Exhibit TGK-032, #3 Exhibit DSOP 15-002)(Cohen, Fabiana) |
| Filing 2 Judge Assignment to Judge Roy K. Altman (kma) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Civil Rights Complaint) Filing fee $ 405.00 receipt number BFLSDC-18563632, filed by James Martin, Regina Shaw, Miami-Dade County. No Motion to Dismiss and/or Answer has bee attached. (Attachments: #1 Exhibit Complaint, #2 Exhibit Executed Summonses, #3 Exhibit State Court Filings, #4 Exhibit Civil Cover Sheet)(Cohen, Fabiana) Modified text on 6/25/2025 (ebz). |
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