Sauveur v. Maldonado
| Wilking A. Sauveur |
| Junior Maldonado |
| 2:2018cv14410 |
| October 5, 2018 |
| US District Court for the Southern District of Florida |
| Bruce E Reinhart |
| Robin L Rosenberg |
| Patrick A White |
| Copyright |
| 17 U.S.C. ยง 504 |
| None |
Docket Report
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| Filing 19 Transmittal Letter Sent with Order of Remand to: 19th Judicial Circuit. State Court Case Number: 562076CA5860Cxxxx (cqs) |
Filing 18
PAPERLESS ORDER closing case. See DE 17. Signed by Judge Robin L. Rosenberg on 11/30/2018. (bkd)
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Filing 17
PAPERLESS ORDER DIRECTING THE CLERK OF THE COURT TO REMAND THIS CASE. This case was initiated by Plaintiff's filing of a notice of removal in state court. DE 1. Only a Defendant--not a Plaintiff--can remove a case to federal court. 28 U.S.C. 1441. Accordingly, this case is remanded to the Nineteenth Judicial Circuit, in and for St. Lucie County. All other pending motions are denied as moot, and this case is closed. Signed by Judge Robin L. Rosenberg on 11/30/2018. (bkd)
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Filing 16
ORDER OF RECUSAL. Magistrate Judge Shaniek M. Maynard recused. Case reassigned to Magistrate Judge Bruce E. Reinhart for all further proceedings. Signed by Magistrate Judge Shaniek M. Maynard on 11/28/2018. See attached document for full details. (jmd)
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| Filing 15 MOTION for Leave to accept the Amended Complaint pursuant to US 28:1441-1444 (filed 11/27/18), by Wilking A. Sauveur. (lk) |
| Filing 14 MOTION for Leave to Proceed in forma pauperis by Wilking A. Sauveur. (lk) |
| Filing 12 MOTION to Appoint Counsel by Wilking A. Sauveur. Responses due by 12/12/2018 (lk) |
| Filing 13 MOTION for Appointment of Special Process Server -by US Marshal by Wilking A. Sauveur. Responses due by 12/11/2018 (lk) |
| Filing 11 MOTION for Leave to Proceed in forma pauperis by Wilking A. Sauveur. (lk) |
| Filing 10 AMENDED COMPLAINT against Junior Maldonado, filed by Wilking A. Sauveur.(lk) |
| Set/Reset Deadlines/Hearings as per DE 9 : Amended Complaint due by 12/20/2018. (lk) |
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Filing 9
PAPERLESS ORDER granting in part and denying in part #7 Motion for Extension of Time to Amend. Plaintiff's Amended Complaint is due 12/20/18. Failure to timely file an amended complaint will result in the dismissal of this case. Plaintiff is again instructed that his "amended complaint must set forth the 'short and plain statement' of the basis for Plaintiff's claim, as required by Rule 8. In addition, the amended complaint must separate his claims into different counts, so it is clear under what cause of action the plaintiff proceeds under for each count." (quoting the Court's Order at DE 5). Signed by Judge Robin L. Rosenberg on 11/19/2018. (kbs)
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| Filing 8 MOTION for Extension of Time to File Amended Complaint by Wilking A. Sauveur. (lk) |
| Filing 7 MOTION for Extension of Time to File Amended Complaint #1 Notice of Removal (State Court Complaint) by Wilking A. Sauveur. Responses due by 12/3/2018 (drz) |
| Filing 6 NOTICE of Inquiry by Wilking A. Sauveur. Docket sheet mailed to petitioner. (lk) |
| Set/Reset Deadlines/Hearings as per DE 5 : Amended Complaint due by 11/20/2018. (lk) |
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Filing 5
PAPERLESS ORDER striking #1 Plaintiff's Complaint. Pursuant to Federal Rule of Civil Procedure 8, the plaintiff is required to include "a short and plain statement of the claim showing that the pleader is entitled to relief." Here, Plaintiff has cited no facts in his Complaint to support his allegations, and the Court cannot discern whether Plaintiff is seeking relief from a civil rights violation or copyright infringement. The Complaint is an "incomprehensible shotgun pleading," and accordingly, the Court has the authority to sua sponte strike the Complaint and require repleading. Jackson v. Bank of America, N.A., 898 F.3d 1348, 1356-57 (2018). As a result, Plaintiff is ordered to file an amended complaint by November 20, 2018. The amended complaint must set forth the "short and plain statement" of the basis for Plaintiff's claim, as required by Rule 8. In addition, the amended complaint must separate his claims into different counts, so it is clear under what cause of action the plaintiff proceeds under for each count. Failure to timely file an amended complaint that complies with the relevant rules and the specific requirements of this Order will result in the dismissal of this action. Signed by Judge Robin L. Rosenberg on 10/31/2018. (kbs)
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| Magistrate Judge Shaniek M. Maynard added. Magistrate Judge Patrick A. White no longer assigned to case. This case is a Cause: 17:504 Copyright Infringement (mr1) |
| Filing 4 FORM AO 121 SENT TO DIRECTOR OF U.S. COPYRIGHT OFFICE (cga) |
| Filing 3 Clerk's Notice of Filing Deficiency Re: #1 Notice of Removal (State Court Complaint) filed by Wilking A. Sauveur. Case not filed with required filing fees of $ 400.00 (civil cases=$400.00, memo cases=$47.00, habeas cases=$5.00) pursuant to 28 U.S.C. 1914(a), and the CM/ECF Administrative Procedures. Summons(es) will not be issued until the filing fee is paid or an order granting the Application to Proceed In Forma Pauperis is entered. (cga) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Patrick A. White. Pursuant to Administrative Order 2003-19, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (cga) |
| Filing 1 NOTICE OF REMOVAL (STATE COURT COMPLAINT - Sauveur v Maldonado) Filing fee $400.00 NOT PAID by Wilking A. Sauveur. (Attachments: #1 Appendix 562016CA0005860CXXXX State Court Pleadings Attached)(cga) |
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| Plaintiff: Wilking A. Sauveur | |
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| Defendant: Junior Maldonado | |
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