Austin v. McHugh et al
Plaintiff: Robert Allen Austin
Defendant: James Walter McCann and Elizabeth Rose McHugh
Case Number: 2:2020cv14293
Filed: August 24, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Shaniek M Maynard
Referring Judge: Robin L Rosenberg
Nature of Suit: Assault Libel & Slander
Cause of Action: 28:1331
Jury Demanded By: Plaintiff
Docket Report

This docket was last retrieved on October 1, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
October 1, 2020 Filing 24 CLERK'S NOTICE of Compliance re 23 Order on Motion to Amend/Correct. (DE# 20 Restricted). (jas)
October 1, 2020 Opinion or Order Filing 23 PAPERLESS ORDER granting #22 Defendant's Motion to Amend/Correct Order of Dismissal to Include Redaction of Home Addresses. Plaintiff is reminded that he must omit the home addresses and any other personal contact information of Defendants in all future filings. The Clerk's Office is instructed to restrict from public view DE 20 in order to comply with 119.071(4)(d)2.e., Fla. Stat. and 119.071(4)(d)2.g., Fla. Stat. Signed by Judge Robin L. Rosenberg on 10/1/2020. (mm02)
September 30, 2020 Filing 22 Defendant's MOTION to Amend/Correct Order of Dismissal to Include Redaction of Home Addresses by James Walter McCann, Elizabeth Rose McHugh. Responses due by 10/14/2020 (Eggers, Melissa)
September 30, 2020 Opinion or Order Filing 21 ORDER granting #15 Motion to Dismiss complaint in its entirety. All other pending motions are DENIED AS MOOT; All pending deadlines and hearings are TERMINATED; and The Clerk of the Court is directed to CLOSE THIS CASE Motions Terminated: #15 Defendant's MOTION to Dismiss with Prejudice 1 Complaint based upon Judicial Immunity, Statutory Immunity, Rooker-Feldman, Qualified Immunity, Sovereign Immunity, and Failure to State a Cause of Action filed by Elizabeth Rose McHugh, James Walter McCann. Signed by Judge Robin L. Rosenberg on 9/30/2020. See attached document for full details. (lk)
September 25, 2020 Filing 19 CLERK'S NOTICE of Compliance re 17 Paperless Order granting #15 Defendant's Motion to Compel Compliance with DE 5 and Defendant's Motion to Redact Home Addresses of Members of the Judiciary. Docket entries 1, 3, 7, 8, 9, 10, and 14 have been restricted from public view. (jas)
September 24, 2020 Opinion or Order Filing 18 PAPERLESS ORDER. On September 24, 2020 Defendants James Walter McCann and Elizabeth Rose McHugh filed a Motion to Dismiss Plaintiff's Complaint. The Plaintiff shall file a response to the motion on or before October 8, 2020. The failure to respond to the motion will result in the dismissal of Plaintiff's Complaint for failure to prosecute under Local Rule 3.10. If the Plaintiff files a timely response, the motion will be taken under advisement and an order will be entered thereon without further notice. Plaintiff is advised that Local Rule 3.01(b) provides: "Each party opposing a motion or application shall file within (14) days after service of the motion or application a response that includes a memorandum of legal authority in opposition to the request, all of which the respondent shall include in a document not more than twenty (20) pages." Plaintiff is hereby advised that he is to comply with the Local Rules of this Court. The Court will not issue orders in the future directing the Plaintiff to file responses to motions. Signed by Judge Robin L. Rosenberg on 9/24/2020. (mm02)
September 24, 2020 Opinion or Order Filing 17 PAPERLESS ORDER granting #15 Defendant's Motion to Compel Compliance with DE #5 and Defendant's Motion to Redact Home Addresses of Members of the Judiciary. Plaintiff is ordered to comply with the Court's Order of Instructions to Pro Se Litigant #5 and direct all further communications and copies of motions or other papers submitted to the Court relating to the present case, 2:20-cv-14293, directly to counsel for the Defendants. Plaintiff must also omit the home addresses and any other personal contact information of Defendants in all future filings. The Clerk's Office is to restrict from public view DE 1, 3, 7, 8, 9, 10, and 14 in order comply with 119.071(4)(d)2.e., Fla. Stat. and 119.071(4)(d)2.g., Fla. Stat. This will restrict all but the parties and court employees from electronically viewing the filings. Defendants can move for further relief, including the sealing of the filings, should they deem it necessary. Signed by Judge Robin L. Rosenberg on 9/24/2020. (mm02)
September 24, 2020 Filing 16 Defendant's MOTION to Compel Compliance with DE 5 and Direct Contact with Counsel Only ( Responses due by 10/8/2020), Defendant's MOTION Redact Home Addresses of Members of the Judiciary by James Walter McCann, Elizabeth Rose McHugh. (Eggers, Melissa)
September 24, 2020 Filing 15 Defendant's MOTION to Dismiss with Prejudice 1 Complaint based upon Judicial Immunity, Statutory Immunity, Rooker-Feldman, Qualified Immunity, Sovereign Immunity, and Failure to State a Cause of Action by James Walter McCann, Elizabeth Rose McHugh. Responses due by 10/8/2020 (Attachments: #1 Exhibit Administrative Orders)(Eggers, Melissa)
September 22, 2020 Opinion or Order Filing 13 PAPERLESS ORDER GRANTING Defendant's Motion for Extension of Time to File Response/Answer. Defendant shall file a responsive pleading or responsive motion to Plaintiff's Complaint by October 2, 2020. Signed by Judge Robin L. Rosenberg on 9/22/2020. (mm02)
September 21, 2020 Filing 12 Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to 1 Complaint, #6 Affidavit by James Walter McCann, Elizabeth Rose McHugh. (Eggers, Melissa)
September 21, 2020 Filing 11 NOTICE of Attorney Appearance by Melissa Lynn Eggers on behalf of James Walter McCann, Elizabeth Rose McHugh. Attorney Melissa Lynn Eggers added to party James Walter McCann(pty:dft), Attorney Melissa Lynn Eggers added to party Elizabeth Rose McHugh(pty:dft). (Eggers, Melissa)
September 3, 2020 Filing 6 Plaintiff AFFIDAVIT of Facts In Relations to Case File No. 562013DR000026 of the 19th Circuit Court for Fort Pierce Florida signed by Robert Allen Austin (ebz)
August 26, 2020 Opinion or Order Filing 5 ORDER OF INSTRUCTIONS TO PRO SE LITIGANT Signed by Judge Robin L. Rosenberg on 8/26/2020. See attached document for full details. (ebz)
August 24, 2020 Filing 4 Clerks Notice of Receipt of Filing Fee received on 8/24/2020 in the amount of $ 400.00, receipt number FLS2-2580 (cga)
August 24, 2020 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. (cga)

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Plaintiff: Robert Allen Austin
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Defendant: James Walter McCann
Represented By: Melissa Lynn Eggers
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Defendant: Elizabeth Rose McHugh
Represented By: Melissa Lynn Eggers
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