Davilmar v. City of Stuart, Florida et al
| Kimberly Davilmar |
| City of Stuart, Florida, Officer FNU Bourne and Supervisor FNU Angervil |
| 2:2025cv14406 |
| November 13, 2025 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Shaniek Mills Maynard |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 13, 2026. A more recent docket listing may be available from PACER.
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Filing 32
PAPERLESS ORDER denying #24 Plaintiff's Motion for Leave to File Sur-Reply. Plaintiff seeks to file a sur-reply to highlight Defendants' purported violation of Local Rule 7.1(a)(3). However, Local Rule 7.1(a)(3) does not require conferral before filing a motion "to dismiss for failure to state a claim upon which relief can be granted... or to involuntarily dismiss an action." S.D. Fla. L.R. 7.1(a)(3). Thus, Plaintiff's Motion is DENIED. Signed by Judge Aileen M. Cannon on 3/13/2026. (nct)
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Filing 31
ORDER Requiring Combined Responses and Setting Typeface Requirements. Signed by Judge Aileen M. Cannon on 1/8/2026. See attached document for full details. (ls)
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Filing 30
PAPERLESS ORDER denying #23 Plaintiff's General Motion for Extension of Time Regarding CM/ECF Filing Limitations. Plaintiff is required to comply with all procedural rules, including all applicable deadlines in the Local Rules and the Federal Rules of Civil Procedure. See Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) ("[O]nce a pro se IFP litigant is in court, he is subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure"); Roy v. Ivy, 53 F.4th 1338, 1346 (11th Cir. 2022) ("Pro se litigants... are required to conform to procedural rules" (citation omitted)). Should Plaintiff have grounds to move for an extension of time as to any specific deadline, she must file a procedurally proper motion under the Federal Rules of Civil Procedure and Local Rules seeking such relief. Signed by Judge Aileen M. Cannon on 1/8/2026. (nct)
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Filing 29
PAPERLESS ORDER denying #20 Plaintiff's Motion for Leave to File Electronically. The S.D. Fla. CM/ECF Administrative Procedures provide that "[p]ro se litigants will not be permitted to register as Users at this time and must file their documents in the conventional manner." S.D. Fla. CM/ECF Admin. P. 2C. Signed by Judge Aileen M. Cannon on 1/8/2026. (nct)
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Filing 28
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 1/7/2026. (nct)
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| Filing 27 Clerks Notice of US District Judge Assignment to Judge Aileen M. Cannon and Magistrate Judge Shaniek Mills Maynard. Magistrate Judge Shaniek Mills Maynard no longer assigned to case as the Presider per DE#26. (scn) |
| Filing 26 PAPERLESS ORDER GRANTING MOTION AND DIRECTING CLERK TO RE-ASSIGN CASE TO DISTRICT JUDGE: This matter brought by a pro se litigant was initially assigned to the undersigned U.S. Magistrate Judge pursuant to Administrative Order 2025-11 ("AO 25-11"). Plaintiff has now filed a Motion for Case Reassignment to a District Judge, DE #17 , as permitted under AO 25-11. This motion is granted. The Clerk of Court shall randomly re-assign this case to a United States District Judge, keeping the undersigned United States Magistrate Judge assigned to the case in accordance with AO 25-11. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 1/7/2026. (jrz) |
| Filing 25 RESPONSE to Motion re #24 MOTION for Leave to File Sur-Reply filed by FNU Angervil, FNU Bourne, City of Stuart, Florida. Replies due by 1/14/2026. (Gonzales, Anthony) |
| Filing 24 Plaintiff's Motion for Leave to File Sur-Reply to Defendants' Reply DE #22 by Kimberly Davilmar. Responses due by 1/20/2026. (Attachments: #1 Sur-Reply)(wce) |
| Filing 23 Plaintiff's General Motion for Extension of Time Regarding CM/ECF Filing Limitations by Kimberly Davilmar. Responses due by 1/20/2026. (wce) |
| Filing 22 RESPONSE to Motion re #13 Defendant's MOTION to Dismiss #1 Complaint 42 USC 1983 or Bivens none filed by FNU Angervil, FNU Bourne, City of Stuart, Florida. Replies due by 1/6/2026. (Gonzales, Anthony) |
| Filing 21 RESPONSE to Motion re #17 MOTION to Reassign Case none filed by FNU Angervil, FNU Bourne, City of Stuart, Florida. Replies due by 1/6/2026. (Gonzales, Anthony) |
| Filing 20 Plaintiff's Motion for Leave to File Electronically by Kimberly Davilmar. (wce) |
| Filing 19 Plaintiff's Notice to the Court of Defense Counsel's Professional Misconduct and Attempts to Mislead a Pro Se Litigant by Kimberly Davilmar. (wce) |
| Filing 18 Plaintiff's Memorandum in Opposition to Defendant's Motion to Dismiss [DE #13 ] filed by Kimberly Davilmar. Replies due by 12/29/2025. (wce) |
| Filing 17 Plaintiff's MOTION for Case Reassignment to a District Judge by Kimberly Davilmar. (wce) |
| Filing 16 Consent by Pro Se Litigant (Non-Prisoner) Kimberly Davilmar to receive Notices of Electronic Filing at email address: [email protected] (wce) |
| Filing 15 NOTICE of Compliance re #14 Order. Order at DE#14 mailed to Plaintiff. (scn) |
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Filing 14
ORDER RE: CONSENT TO MAGISTRATE JUDGE JURISDICTION AND OPT-OUT PROCEDURES: The Clerk is directed to MAIL a copy of this Order to Plaintiff at the address listed below and enter a Notice of Compliance confirming same. Signed by Magistrate Judge Shaniek Mills Maynard on 12/15/2025. See attached document for full details. (scn)
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| Filing 13 Defendant's MOTION to Dismiss #1 Complaint 42 USC 1983 or Bivens by FNU Angervil, FNU Bourne, City of Stuart, Florida. Attorney Anthony Richard Gonzales added to party FNU Angervil(pty:dft), Attorney Anthony Richard Gonzales added to party FNU Bourne(pty:dft), Attorney Anthony Richard Gonzales added to party City of Stuart, Florida(pty:dft). Responses due by 12/29/2025. (Gonzales, Anthony) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #9 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 FNU Angervil served on 12/9/2025, response/answer due 12/30/2025; FNU Bourne served on 12/9/2025, response/answer due 12/30/2025; City of Stuart, Florida served on 12/9/2025, response/answer due 12/30/2025. (Attachments: #1 Summons as to Officer Bourne, #2 Summons as to City of Stuart)(wce) |
| Filing 11 Clerk's NOTICE of Compliance re DE #7 Order on Motion for Leave to Proceed in forma pauperis. Packet of Summons DE #10 , Copies of DE #1 Complaint, and Order DE #7 forwarded to USM. Notice of same docketed to case. (cwc) |
| Filing 10 Summons Issued as to FNU Angervil, FNU Bourne, and City of Stuart, Florida. (cwc) |
| Filing 9 DUPLICATE Complaint pursuant to 42 USC 1983 against FNU Angervil, FNU Bourne, City of Stuart, Florida. Filing fee $ 405.00. IFP Filed, filed by Kimberly Davilmar. (Attachments: #1 Civil Cover Sheet, #2 IFP Application). IFP Application Previously Granted Per DE #7 (cwc) |
| Filing 8 NOTICE of Compliance- Clerk mailed order at DE #7 to Plaintiff (mab) |
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Filing 7
ORDER GRANTING MOTION TO PROCEED IN FORMA PAUPERIS #3 . USM Service Ordered . On or before MONDAY, DECEMBER 1, 2025, Plaintiff must prepare and file in the record appropriate summonses for all Defendants. Upon timely filing of the summonses, the Clerk of Court SHALL prepare appropriate summonses for service together with copies of the Complaint, DE 1, and forward these documents to the U.S. Marshal. The Clerk of Court shall thereafter file a Notice of Compliance on the docket. Signed by Magistrate Judge Shaniek Mills Maynard on 11/14/2025. See attached document for full details. (mab)
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| Filing 6 NOTICE of Compliance per DE #5 , the Clerk has mailed a Copy of the Order to the Plaintiff. (wce) |
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Filing 5
ORDER OF INSTRUCTIONS TO PRO SE LITIGANTS: The Clerk is directed to MAIL a copy of this Order to Plaintiff at the address listed below and enter a Notice of Compliance confirming same. Signed by Magistrate Judge Shaniek Mills Maynard on 11/14/2025. See attached document for full details. (wce)
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| Filing 4 PAPERLESS ORDER REGARDING CONSENT TO U.S. MAGISTRATE JUDGE JURISDICTION: This matter involving a pro se litigant was directly assigned to the undersigned U.S. Magistrate Judge pursuant to Administrative Order 2025-11. See Administrative Order 2025-11 (S.D. Fla. Mar. 3, 2025), available at: https://www.flsd.uscourts.gov/sites/flsd/files/adminorders/2025-11.pdf . The parties are hereby advised that they have the right to proceed before a U.S. District Judge, however they may waive this right and voluntarily consent to have a U.S. Magistrate Judge conduct any or all proceedings in this case and to order the entry of a final judgment. Further instructions regarding consent to this process will be issued after all parties involved have made an appearance. Signed by U.S. Magistrate Judge Shaniek Mills Maynard on 11/14/2025. (jrz) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Kimberly Davilmar. (cwc) |
| Filing 2 Clerks Notice of Judge Assignment to Magistrate Judge Shaniek Mills Maynard. 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. (cwc) |
| Filing 1 Complaint pursuant to 42 USC 1983 against FNU Angervil, FNU Bourne, City of Stuart, Florida. Filing fee $ 405.00. IFP Filed, filed by Kimberly Davilmar. (Attachments: #1 Civil Cover Sheet)(cwc) |
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