Siedling v. Wilson
| Bernard Siedling |
| Frederick Wilson |
| 4:2018cv10297 |
| December 19, 2018 |
| US District Court for the Southern District of Florida |
| Jacqueline Becerra |
| K Michael Moore |
| Andrea M Simonton |
| Contract: Other |
| 28 U.S.C. ยง 1331 |
| None |
Docket Report
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| Filing 8 Clerk's Notice of Compliance re 7 Order to Show Cause. Order mailed to Plaintiff as instructed per order. (cbr) |
| Set/Reset Deadlines/Hearings Show Cause Response due by 2/25/2019. per DE 7 (cbr) |
Filing 7
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. Plaintiff brings the instant action pro se against Defendant Frederick Wilson, a Minnesota resident allegedly involved in a separate legal proceeding against Blue Diamond, LLC, a Florida trust. Plaintiff does not explain in any appreciable detail what had occurred in this related proceeding, except that Defendant "filed a fraudulent lawsuit" against Blue Diamond that contained misrepresentations about payments that Defendant apparently made to the trust. Plaintiff fails to explain in any detail his role in this dispute, other than that "[t]he claim for damages against [Defendant] and defense has been assigned to [Plaintiff]." Plaintiff asserts federal question jurisdiction in this civil matter pursuant to the federal criminal mail and wire fraud statutes. See 18 U.S.C. 1341 (mail fraud); 18 U.S.C. 1343 (wire fraud). But there is no private right of action under those statutes. See Sevastopoulos v. KAS, Inc., Case No. 09-14338-CIV-MOORE/LYNCH, 2010 WL 11596735, at *2 (S.D. Fla. Aug. 9, 2010) (internal citations omitted). Moreover, although Plaintiff does not assert diversity jurisdiction, it is unclear from the face of the complaint that diversity jurisdiction exists, either. While Plaintiff is a Florida resident and Defendant is alleged to be a Minnesota resident, Plaintiff has not adequately pleaded that the damages in the instant action exceed $75,000. See 28 U.S.C. 1332(a). Plaintiff states that "actual amount" of his damages is $15,000, but also seeks $500,000 in punitive damages. However, Plaintiff fails "to prove by a preponderance of the evidence that punitive damages are recoverable under the facts alleged." Accumed Chiropractic & Wellness Ctr., Inc., Case No.: 1:13-cv-24230-UU, 2014 WL 11906609, at *2 (S.D. Fla. Jan. 22, 2014). The Complaint is almost entirely silent as to Plaintiff's role in either the separate proceeding or the instant one, including why Defendant's conduct merits the award of punitive damages to Plaintiff. Accordingly, UPON CONSIDERATION of the Complaint #1 , the pertinent portions of the record, and being otherwise fully advised in the premises, the Court hereby ORDERS PLAINTIFF TO SHOW CAUSE by February 25, 2019 why the Court should not DISMISS the instant cause of action for lack of subject matter jurisdiction. In his response, Plaintiff should also address why venue is proper in the Southern District of Florida, pursuant to 28 U.S.C. 1391. The Clerk of Court is instructed to mail this Order to Plaintiff's address of record. Signed by Chief Judge K. Michael Moore on 2/1/2019. (osk) Modified text on 2/1/2019 (mno).
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| Filing 6 Case Reassignment of Paired Magistrate Judge pursuant to Administrative Order(s) 2019-3 to Magistrate Judge Jacqueline Becerra. Magistrate Judge Andrea M. Simonton no longer assigned to case. (jmd) |
| Filing 5 Summons Issued as to Frederick Wilson. (vmz) |
| Filing 4 Clerks Notice of Receipt of Filing Fee received on 12/27/2018 in the amount of $ 400.00, receipt number FLS400000468 (ebz) |
| Filing 3 Clerk's Notice of Filing Deficiency Re: #1 Complaint filed by Bernard Siedling. Case not filed with required filing fees of $_400.00_ 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. (kpe) |
| Filing 2 Clerks Notice of Judge Assignment to Chief Judge K. Michael Moore and Ch. Magistrate Judge Andrea M. Simonton. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Andrea M. Simonton 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. (kpe) |
| Filing 1 COMPLAINT against Frederick Wilson, filed by Bernard Siedling. Filing fees $ 400.00. NOT PAID/NO IFP FILED. (Attachments: #1 Civil Cover Sheet)(kpe) |
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| Plaintiff: Bernard Siedling | |
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