Evans v. Thompson
| Brian Evans |
| Scott Thompson and Carrot Top |
| 1:2026cv24682 |
| July 8, 2026 |
| U.S. District Court for the Southern District of Florida |
| Roy K Altman |
| Yeney Hernandez |
| P.I.: Other |
| 28 U.S.C. § 1332 Diversity |
| Plaintiff |
Docket Report
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This docket was last retrieved on August 6, 2026. A more recent docket listing may be available from PACER.
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Filing 28
PAPERLESS ORDER DISMISSING CASE. The Plaintiff filed a #27 Notice of Voluntary Dismissal under Federal Rule of Civil Procedure 41(a)(1)(A)(i). Accordingly, we ORDER that this action is DISMISSED without prejudice. We DENY all motions as moot and DIRECT the Clerk of Court to CLOSE this case and TERMINATE all deadlines. Signed by Judge Roy K. Altman on 8/6/2026. (skl)
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| Filing 27 NOTICE OF VOLUNTARY DISMISSAL WITHOUT PREJUDICE by Brian Evans. Responses due by 8/20/2026. (ebz) |
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Filing 26
ORDER ADOPTING REPORT AND RECOMMENDATIONS. Plaintiff's Objections DE #16 are OVERRULED. We ADOPT Magistrate Judge Hernandez's Report and Recommendation DE #11 in full. The Motion for Temporary Restraining Order DE #6 is DENIED. Certificate of Appealability: No Ruling. Signed by Judge Roy K. Altman on 7/31/2026. See attached document for full details. (ebz)
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| Filing 25 NOTICE OF ERRATA by Brian Evans. (Attachments: #1 Exhibit A) (ebz) |
| Filing 24 NOTICE OF COUNSEL'S CONDUCT AND CONTINUED NON-APPEARANCE by Brian Evans. (ebz) |
| Filing 23 NOTICE OF CORRESPONDENCE FROM COUNSEL CLAIMING TO REPRESENT DEFENDANT WHO HAS NOT APPEARED by Brian Evans. (Attachments: #1 Exhibit A) (ebz) |
| Filing 22 Objections to Magistrate Judge's Order Denying Motion re #21 Order on Motion for Referral to Volunteer Attorney Program by Brian Evans. (ebz) |
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Filing 21
ORDER denying #19 Motion for Referral to Volunteer Attorney Program. Signed by Magistrate Judge Yeney Hernandez on 7/23/2026. See attached document for full details. (mfz)
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| Filing 20 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Scott Thompson served on 7/21/2026, response/answer due 8/11/2026. (ebz) |
| Filing 19 MOTION for Referral to Volunteer Attorney Program by Brian Evans. Responses due by 8/5/2026. (ebz) |
| Filing 18 NOTICE Regarding Filing of Plaintiff's Objection to the Report and Recommendation by Brian Evans re #16 Objections to Report and Recommendations (ebz) |
| Filing 17 NOTICE Regarding Good-Faith Service Efforts by Brian Evans. (ebz) |
| Filing 16 OVERRULED. OBJECTIONS to #11 Report and Recommendations by Brian Evans. (Attachments: #1 Exhibit)(ebz) Modified per DE #26 Order on 8/3/2026 (ebz). |
| Filing 15 Notice for clarification Regarding re DE 14 Order Striking, by Brian Evans. Responses due by 7/31/2026. (ebz) Modified on 7/20/2026 (mf). |
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Filing 14
PAPERLESS ORDER STRIKING the #12 Second Notice of Non-Consent to Magistrate Jurisdiction. This case was originally assigned to Magistrate Judge Hernandez. See Judge Assignment 2 . Apparently dissatisfied with this, our Plaintiff filed his First Notice of Non-Consent to Magistrate Jurisdiction #5 , and this case was re-assigned to us, see Clerks Reassignment 9 . The Plaintiff has now filed another notice of non-consent. See Second Notice of Non-Consent to Magistrate Jurisdiction. This wont do. This case isnt assigned to a Magistrate Judge and the Plaintiffs frivolous filing clogs our docket and wastes scarce court resources. The Plaintiff must do better. If he continues to make frivolous filings, we will impose sanctions, including by dismissing this case under Rule 41 without further notice. Signed by Judge Roy K. Altman on 7/17/2026. (skl)
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Filing 13
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANTS. Signed by Judge Roy K. Altman on 7/17/2026. See attached document for full details. (ebz)
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| Filing 12 (STRICKEN) Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge. Filed by Brian Evans (drz) Text Modified per DE 14 on 7/17/2026 (amb). |
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Filing 11
REPORT AND RECOMMENDATION re #6 Plaintiff's Emergency Motion for Temporary Restraining Order and Preliminary Injunction. Objections to R&R due by 7/29/2026. Signed by Magistrate Judge Yeney Hernandez on 7/15/2026. See attached document for full details. (mfz)
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Filing 10
ORDER REFERRING CERTAIN MATTERS TO MAGISTRATE JUDGE Yeney Hernandez for a ruling on all pre-trial non-dispositive and discovery matters, including a report and recommendation. REFERRING #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Brian Evans. ORDER REFERRING #6 MOTION for Temporary Restraining Order MOTION for Preliminary Injunction filed by Brian Evans. Motions referred to Judge Yeney Hernandez. Signed by Judge Roy K. Altman on 7/14/2026. See attached document for full details. (ebz)
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| Filing 9 Clerks Notice of Judge Assignment to Judge Roy K. Altman and Magistrate Judge Yeney Hernandez. Magistrate Judge Yeney Hernandez no longer assigned to case as presider per DE 7 . Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Yeney Hernandez 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. (amb) |
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Filing 8
PAPERLESS ORDER Striking Emergency Designation. A "true emergency" "requires an immediate ruling because the Court would not be able to provide meaningful relief to a critical, non-routine issue after the expiration of seven days." S.D. Fla. L.R. 7.1(d)(1). Bona fide emergencies include the impending departure of a witness with no plans to return to the jurisdiction, the imminent destruction of a building or other property, the imminent deportation of an individual, the need for critical medical treatment, the threatened loss of civil rights, the immediate threatened loss of an entire business, and the imminent risk of being denied an essential service. See Companhia Energetica Potiguar v. Caterpillar Inc., No. 14-CV-24277, 2016 WL 7469993, at *3 (S.D. Fla. Apr. 13, 2016). The alleged harms in Plaintiff's #6 Emergency Motion for Temporary Restraining Order and Preliminary Injunction, which are financial in nature, do not warrant emergency treatment. The emergency designation of Plaintiff's Motion is accordingly stricken, and the Motion will be adjudicated in the regular course. Signed by Magistrate Judge Yeney Hernandez on 7/10/2026. (mfz)
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Filing 7
PAPERLESS ORDER. This cause comes before the Court sua sponte. Plaintiff has objected to the assignment of a Magistrate Judge to preside over this case. [ECF No. 5]. We therefore ORDER the Clerk of Court to randomly reassign this case to a United States District Judge, keeping the undersigned United States Magistrate Judge assigned to the case in accordance with Administrative Order 2025-11. The Clerk of Court is instructed to mail a copy of this Order to Plaintiff. Signed by Magistrate Judge Yeney Hernandez on 7/10/2026. (mfz)
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| Filing 6 Emergency MOTION for Temporary Restraining Order, MOTION for Preliminary Injunction by Brian Evans. Responses due by 7/24/2026. (Attachments: #1 Text of Proposed Order, #2 Exhibit Exhibits A and B, #3 Affidavit Declaration in support)(ls) |
| Filing 5 Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge. Filed by Brian Evans (ls) |
| Filing 4 Summons Issued as to Scott Thompson. (drz) |
| Filing 3 Clerks Notice of Receipt of Filing Fee received on 7/8/2026 in the amount of $ 405.00, receipt number 22305 (cwc) |
| Filing 2 Judge Assignment to Magistrate Judge Yeney Hernandez (drz) |
| Filing 1 COMPLAINT FOR DECLATORY JUDGMENT, RECISSION, FRAUDULENT INDUCEMENT, AND INTENIONAL INFLICTION OF EMOTIONAL DISTRESS against Scott Thompson. Filing fees $ 405.00, filed by Brian Evans. (Attachments: #1 Civil Cover Sheet, #2 Exhibit)(drz) |
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