Vanness v. NCIC
| Craig Vanness |
| NCIC and Mark Glass |
| 4:2024cv10101 |
| December 19, 2024 |
| U.S. District Court for the Southern District of Florida |
| Marty Fulgueira Elfenbein |
| K Michael Moore |
| Civil Rights: Other |
| 28 U.S.C. § 1331 Federal Question: Bivens Act |
| None |
Docket Report
RSS Track this Docket
This docket was last retrieved on February 3, 2025. A more recent docket listing may be available from PACER.
| Document Text |
|---|
Filing 15
PAPERLESS ORDER. THIS CAUSE came before the Court upon a sua sponte examination of the record. On December 27, 2024, the Court sua sponte entered an Order consolidating the instant case with Vanness v. Glass, No. 24-CV-10105, upon finding that the two cases shared common questions of fact. See (ECF No. 9 ). In that same Order, the Court directed Plaintiff to "file an amended complaint in Case No. 4:24-cv-10101-KMM no later than January 6, 2024." Id. On January 24, 2025, after Plaintiff failed to comply with the Court's December 27, 2025 Order, Magistrate Judge Elfenbein entered an Order to Show Cause, requiring Plaintiff to comply with the Court's Order by January 31, 2025. (ECF No. 11). Magistrate Judge Elfenbein warned that failure to comply with the Order may result in a report, recommending the dismissal of the instant action pursuant to Rule 41(b) of the Federal Rules of Civil Procedure. Id. A district court has the authority to dismiss an action with or without prejudice for failure to prosecute. See Fed. R. Civ. P. 41(b); Eades v. Alabama Dep't of Human Res., 298 F. App'x 862, 864 (11th Cir. 2008) (concluding that the district court acted within its discretion in sua sponte dismissing a former employee's employment discrimination suit for failure to prosecute). The court's power to dismiss is an inherent aspect of its authority to enforce its orders and insure prompt disposition of lawsuits. Goforth v. Owens, 766 F.2d 1533, 1535 (11th Cir. 1985). To date, Plaintiff has not filed an amended complaint, as ordered by this Court. See (ECF Nos. 9, 11). Accordingly, this case is DISMISSED WITHOUT PREJUDICE for failure to prosecute. The Clerk of Court is instructed to CLOSE this case. All pending motions, if any, are DENIED AS MOOT. Signed by Judge K. Michael Moore on 2/3/2025. (gbn)
|
|
Filing 14
PAPERLESS ORDER. This cause is before the Court on Plaintiff's Motion to Compel, ECF No. #12 , and "Notice of Discovery," ECF No. #13 , which the Court construes as a motion for discovery (collectively, the "Motions"). Pursuant to Federal Rule of Civil Procedure 26(d)(1), which governs the timing of discovery, "[a] party may not seek discovery from any source before the parties have conferred as required by Rule 26(f), except in a proceeding exempted from initial disclosure under Rule 26(a)(1)(B), or when authorized by these rules, by stipulation, or by court order." Fed. R. Civ. P. 26(d)(1). As the Parties have not yet conferred as required by Rule 26(f) and there is otherwise no rule, stipulation, or Court Order authorizing the commencement of discovery prior to the Rule 26(f) conference, Plaintiff's requests for discovery are premature. Accordingly, the Motions, ECF No. #12 and #13 , are DENIED without prejudice. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 1/31/2025. (MFE)
|
| Filing 13 Notice/ MOTION for Discovery by Craig Vanness. Responses due by 2/14/2025. (amb) |
| Filing 12 MOTION to Compel Medical Records by Craig Vanness. Responses due by 2/14/2025. (amb) |
|
Filing 11
ORDER TO SHOW CAUSE. On or before January 31, 2025, Plaintiff SHALL file an amended complaint and show cause for his failure to comply with Judge Moore's December 27, 2024 Order. (Amended Complaint due by 1/31/2025.) Show Cause Response due by 1/31/2025. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 1/24/2025. See attached document for full details. (nan)
|
| Set Deadlines: Plaintiff shall file an amended complaint in Case No. 4:24-cv-10101-KMM no later than January 6, 2024. Amended Complaint due by 1/6/2024. Per DE# 9 . (nan) |
| Filing 10 CLERK'S NOTICE of Compliance re 9 Paperless Order Consolidating Cases. Consolidated case 24-cv-10101 with case 24-cv-10105. (jas) |
|
Filing 9
PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 4:24-cv-10101-KMM and 4:24-cv-10105-KMM have common questions of fact and consolidation is appropriate. Accordingly, Case No. 4:24-cv-10105-KMM is hereby CONSOLIDATED with Case No. 4:24-cv-10101-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 4:24-cv-10105-KMM. All future filings MUST be made only in the lead case, Case No. 4:24-cv-10101-KMM. All pending motions, if any, in Case No. 4:24-cv-10105-KMM are DENIED AS MOOT. It is further ORDERED that Plaintiff shall file an amended complaint in Case No. 4:24-cv-10101-KMM no later than January 6, 2024. Plaintiff is instructed to include in the amended complaint all defendants and claims he intends to be part of this consolidated action. Signed by Judge K. Michael Moore on 12/27/2024. (gbn)
|
|
Filing 8
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 12/23/2024. See attached document for full details. (nan)
|
|
Filing 7
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT Signed by Magistrate Judge Marty Fulgueira Elfenbein on 12/23/2024. See attached document for full details. (nan)
|
|
Filing 6
PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 12/23/2024. (gbn)
|
|
Filing 5
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint motions with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC, 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court.Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 12/23/2024. (gbn)
|
| Filing 4 Consent by Pro Se Litigant (Non-Prisoner) Craig Vanness to receive Notices of Electronic Filing at email address: [email protected] (gqa) |
| Filing 3 MOTION for Leave to Proceed in forma pauperis by Craig Vanness. (gqa) |
| Filing 2 Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (gqa) |
| Filing 1 Complaint pursuant to Bivens against NCIC. Filing fee $ 405.00. IFP Filed, filed by Craig Vanness.(gqa) (gqa). (Main Document replaced on 12/20/2024) (gqa). Modified Filed Date to 12/19/2024 on 12/20/2024 (jc). (Additional attachment(s) added on 12/20/2024: #1 Civil Cover Sheet) (gqa). |
Access additional case information on PACER
Use the links below to access additional information about this case on the U.S. Court's PACER system. A subscription to PACER is required.
Access this case on the Florida Southern District Court's Electronic Court Filings (ECF) System
- Search for Party Aliases
- Associated Cases
- Attorneys
- Case File Location
- Case Summary
- Docket Report
- History/Documents
- Parties
- Related Transactions
- Check Status
Disclaimer: Justia Dockets & Filings provides public litigation records from the federal appellate and district courts. These filings and docket sheets should not be considered findings of fact or liability, nor do they necessarily reflect the view of Justia.
