Austin v McCann, et al
Plaintiff: Robert Allen Austin
Defendant: James Walter McCann and Elizabeth Rose McHugh
Case Number: 2:2020cv14367
Filed: October 19, 2020
Court: US District Court for the Southern District of Florida
Presiding Judge: Shaniek M Maynard
Referring Judge: Donald M Middlebrooks
Nature of Suit: Civil Rights: Other
Cause of Action: 18 U.S.C. § 0241
Jury Demanded By: None
Docket Report

This docket was last retrieved on November 30, 2020. A more recent docket listing may be available from PACER.

Date Filed Document Text
November 30, 2020 Filing 25 TRANSCRIPT INFORMATION FORM by Robert Allen Austin re #22 Notice of Appeal. No Transcript Requested. (apz)
November 25, 2020 Filing 26 Clerks Notice of Docket Correction re #24 Acknowledgment of Receipt from USCA. Document Restricted Due to Error; The correct document has been attached to this notice. (hh)
November 25, 2020 Filing 24 Acknowledgment of Receipt of NOA from USCA re #22 Notice of Appeal, filed by Robert Allen Austin. Date received by USCA: 11/23/2020. USCA Case Number: 20-14426-CC. (apz) (see docket correction de#26 ) Text Modified on 12/8/2020 (hh).
November 23, 2020 Filing 23 USCA Appeal Fees received $ 505.00 receipt number FLS200002624 re #22 Notice of Appeal, filed by Robert Allen Austin (hh)
November 23, 2020 Filing 22 Notice of Appeal by Robert Allen Austin as to #20 Order on Motion for Hearing, Order on Motion for Default Judgment, Order on Motion to Amend/Correct, Order on Motion to Vacate. Filing fee $ 505.00. Receipt#: FLS200002624. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under Transcript Information. (hh)
November 23, 2020 Transmission of Notice of Appeal and Docket Sheet to US Court of Appeals re #22 Notice of Appeal. Notice has been electronically mailed. (hh)
November 12, 2020 Opinion or Order Filing 21 Replying in support of motion DE #18 Plaintiff (s) Motion to Vacate or Correct DE # 18 re : #18 MOTION to Vacate or Correct Order filed by Judge Middlebrooks on 10/30/2020 ( Responses due by 11/30/2020), MOTION to Vacate ( Responses due by 11/30/2020) by Robert Allen Austin. Text Modified on 11/13/2020 (mee). Modified per chambers to term motions due to it not being a motion on 11/17/2020 (mf).
November 11, 2020 Opinion or Order Filing 20 ORDER DENYING MOTION FOR RECONSIDERATION,denying as moot #16 Motion for Hearing; denying as moot #17 Motion for Default Judgment ; denying #18 Motion to Amend/Correct ; denying #18 Motion to Vacate. Signed by Judge Donald M. Middlebrooks on 11/11/2020. See attached document for full details. (mee)
November 9, 2020 Filing 19 RESPONSE in Opposition re #18 MOTION to Amend/Correct #15 Order Dismissing Case MOTION to Vacate as Improper filed by James Walter McCann, Elizabeth Rose McHugh. Replies due by 11/16/2020. (Eggers, Melissa)
November 4, 2020 Opinion or Order Filing 18 MOTION to Vacate or Correct Order filed by Judge Middlebrooks on 10/30/2020 re: #15 Order Dismissing Case ( Responses due by 11/18/2020) by Robert Allen Austin. (mee)
November 2, 2020 Filing 17 Plaintiff's MOTION for Default Judgment by Robert Allen Austin. (mee)
November 2, 2020 Filing 16 Plaintiff's MOTION for Demand Setting State Case No. above for Jury Trial by Robert Allen Austin. (mee)
October 30, 2020 Terminated Answer Due Deadline: Per Order d.e. #15 . (mee)
October 30, 2020 Opinion or Order Filing 15 SUA SPONTE ORDER DISMISSING CASE. Closing Case. Signed by Judge Donald M. Middlebrooks on 10/30/2020. See attached document for full details. (mee)
October 30, 2020 Filing 14 Plaintiff(s) Volley Response to Defendants Rule 11 Sanctions E-Mailed to Plaintiff on 10/26/2020 of State Case No. 20cv14367 to #7 Notice of Attorney Appearance, by Robert Allen Austin. (mee)
October 30, 2020 Filing 13 Amended of Notice and NON-CONSENT to Jurisdiction by US Magistrate Judge. Filed by Robert Allen Austin (mee)
October 26, 2020 Filing 12 Plaintiff 's NOTICE of Case File Tampering of Case No. States Above by Robert Allen Austin (mee)
October 26, 2020 Filing 11 NOTICE of a Affidavit of Reservation of Rights Pages 1 through 6. by Robert Allen Austin (mee)
October 26, 2020 Filing 10 Notice and Consent and Non Consent to Jurisdiction US Magistrate Judge NOT SIGNED by all parties. Filed by Robert Allen Austin (mee) Modified text on 10/27/2020 (asl).
October 26, 2020 Filing 9 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Robert Allen Austin. James Walter McCann served on 10/20/2020, answer due 11/10/2020. (mee)
October 26, 2020 Filing 8 SUMMONS (Affidavit) Returned Executed on #1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Robert Allen Austin. Elizabeth Rose McHugh served on 10/23/2020, answer due 11/13/2020. (mee)
October 26, 2020 Filing 7 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)
October 22, 2020 Filing 6 AMENDED COMPLAINT against James Walter McCann, Elizabeth Rose McHugh, filed by Robert Allen Austin.(mee)
October 19, 2020 Filing 5 Consent by Pro Se Litigant (Non-Prisoner) Robert Allen Austin to receive Notices of Electronic Filing (cga)
October 19, 2020 Filing 4 NOTICE of filing Disclaimer Clause Declaration by Robert Allen Austin (cga)
October 19, 2020 Filing 3 Summons Issued as to James Walter McCann, Elizabeth Rose McHugh. (cga)
October 19, 2020 Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks 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)
October 19, 2020 Filing 1 COMPLAINT against James Walter McCann, Elizabeth Rose McHugh. Filing fees $ 400.00 Receipt#: FLS2-2609, filed by Robert Allen Austin. (Attachments: #1 Exhibits, #2 Civil Cover Sheet)(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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