Linn v. United States Postal Service
| Jon David Linn |
| United States Postal Service, Josephnia Valdez and UNITED STATES OF AMERICA |
| 2:2019cv14133 |
| April 23, 2019 |
| U.S. District Court for the Southern District of Florida |
| Shaniek M Maynard |
| Robin L Rosenberg |
| Other Statutory Actions |
| 28 U.S.C. § 2671 |
| Plaintiff |
Docket Report
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This docket was last retrieved on June 21, 2019. A more recent docket listing may be available from PACER.
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| Filing 16 Summons Issued as to Josephnia Valdez. (jas) |
| Filing 15 Summons Issued as to UNITED STATES OF AMERICA. (jas) |
| Filing 14 NOTICE of Filing Proposed Summons(es) Josephnia Valdez by Jon David Linn (Amador, Miguel) |
| Filing 13 NOTICE of Filing Proposed Summons(es) United States of America by Jon David Linn (Amador, Miguel) |
| Filing 12 Oral AMENDED COMPLAINT Jon David Linn against Josephnia Valdez, UNITED STATES OF AMERICA filed in response to Order Granting Motion for Leave, filed by Jon David Linn. (Attachments: #1 Exhibit Form 95 to USA, #2 Exhibit Amended Form 95 to USA, #3 Exhibit Denial by USA 12.22.17, #4 Exhibit Denial by USA 2.12.19)(Amador, Miguel) |
Filing 11
PAPERLESS ORDER denying as moot #7 Motion to Dismiss for Lack of Jurisdiction in light of the Motion to Amend; granting #10 Motion to Amend/Correct. Clerks Notice: Filer must separately re-file the amended pleading pursuant to Local Rule 15.1, unless otherwise ordered by the Judge. Signed by Judge Robin L. Rosenberg on 6/20/2019. (kbs)
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| Filing 10 Plaintiff's MOTION to Amend/Correct #1 Complaint, Jon David Linn by Jon David Linn. Responses due by 7/8/2019 (Attachments: #1 Exhibit Amended Complaint, #2 Exhibit Exhibit A to Amended Complaint, #3 Exhibit Exhibit B to Amended Complaint, #4 Exhibit Exhibit C to Amended Complaint, #5 Exhibit Exhibit D to Amended Complaint, #6 Summon(s) Summons for Defendant Josephnia Valdez)(Amador, Miguel) |
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Filing 9
PAPERLESS ORDER. FIRST, the Government's #7 Motion to Dismiss is denied without prejudice to the extent that the Government argues that service has not been properly effectuated. Although the Court notes that it does not appear that Plaintiff has complied with the requirements for Federal Rule of Civil Procedure 4(i), the time has not yet expired for Plaintiff to comply with Rule 4's requirements for service on the US government or a federal agency. This case was filed on 4/23/2019, so service must be properly effectuated by July 22, 2019, which is 90 days post-filing, pursuant to Rule 4(m). SECOND, with regard to the Government's sovereign immunity and subject matter jurisdiction arguments, the Court EXPEDITES briefing on that aspect of the #7 Motion to Dismiss as follows: Plaintiff's response, if any, is due by no later than 6/24/2019. In the alternative, Plaintiff may elect to file a Motion for Leave to Amend the Complaint, rather than responding to the Motion to Dismiss. Failure to either file a response to the Motion to Dismiss or a Motion for Leave to Amend by 6/24/2019 will result in the Court granting the Motion to Dismiss by default. If Plaintiff responds to the Motion to Dismiss and does not indicate he will amend his Complaint, Defendant's reply, if any, is due by no later than 6/26/2019. Signed by Judge Robin L. Rosenberg on 6/19/2019. (kbs)
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| Filing 8 SUMMONS (Affidavit) Returned Executed by Jon David Linn. United States Postal Service served on 4/25/2019, answer due 6/24/2019. (Amador, Miguel) |
| Filing 7 MOTION to Dismiss for Lack of Jurisdiction #1 Complaint, by United States Postal Service. Attorney Marilynn Koonce Lindsey added to party United States Postal Service(pty:dft). Responses due by 7/2/2019 (Lindsey, Marilynn) |
| Filing 6 FIRST Clerk's Notice of Undeliverable Mail re 2 Clerk's Notice of Judge Assignment,,. US Mail returned for: Eric Jason Ginnis. Updated address found and document resent to new address. Ginnis and Krathen, P.A.500 E Broward Blvd Ste 1850Fort Lauderdale, FL 33394-3030 (mp) |
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Filing 5
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Shaniek M. Maynard on 5/10/2019. See attached document for full details. (ra)
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Filing 4
ORDER SETTING STATUS CONFERENCE, CALENDAR CALL, AND TRIAL DATE, ORDER OFREQUIREMENTS, AND ORDER OF REFERENCE TO MAGISTRATE JUDGE: ( Jury Trial set for 3/30/2020 09:00 AM in Fort Pierce Division before Judge Robin L. Rosenberg., Calendar Call set for 3/25/2020 09:00 AM before Judge Robin L. Rosenberg., Status Conference set for 2/12/2020 09:30 AM before Judge Robin L. Rosenberg.), ORDER REFERRING CASE to Magistrate Judge Shaniek M. Maynard for Discovery Matters. Signed by Judge Robin L. Rosenberg on 5/8/2019. See attached document for full details. (ebz) #Pattern Jury Instruction Builder - To access the latest, up to date changes to the 11th Circuit Pattern Jury Instructions go to https://pji.ca11.uscourts.gov or click here.
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| Filing 3 Summons Issued as to United States Postal Service. (ebz) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Robin L. Rosenberg and Magistrate Judge Shaniek M. Maynard. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (ebz) |
| Filing 1 COMPLAINT Jon David Linn against United States Postal Service. Filing fees $ 400.00 receipt number 113C-11578841, filed by Jon David Linn. (Attachments: #1 Civil Cover Sheet, #2 Summon(s), #3 Exhibit, #4 Exhibit, #5 Exhibit, #6 Exhibit)(Amador, Miguel) |
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