Philippeaux et al v. AT&T Corporation et al
| Philander Philippeaux and Ewuni.com |
| American Telephone And Telegraph Company, and AT&T Corporation |
| 9:2019cv80329 |
| March 8, 2019 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Lisette M Reid |
| Civil Rights: Other |
| 42 U.S.C. § 1983 |
| Plaintiff |
Docket Report
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This docket was last retrieved on October 31, 2019. A more recent docket listing may be available from PACER.
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| Filing 52 OBJECTION to 51 Order on Motion for Reconsideration,,, by Philander Philippeaux. (cds) |
Filing 51
PAPERLESS ORDER denying #50 Plaintiff's Motion for Reconsideration. In my Order Denying Plaintiff's Motion to Alter or Amend Judgment, I stated that Plaintiff's Motions to Alter or Amend were untimely, and thus should be construed under Rule 60. (DE #49 ). After review, Plaintiff is correct that DE #40 ; DE #41 ; and DE #42 were timely and therefore were properly construed under Rule 59 rather than Rule 60. However, applying Rule 60 rather than Rule 59 did not affect my decision. Rule 59 allows for consideration of "manifest errors of law or fact. Arthur v. King, 500 F.3d 1335, 1343 (11th Cir. 2007). In my order, I addressed whether the Court had committed a manifest error of law or fact. (DE #49 ). Therefore, as my analysis would have been the same under Rule 59, reconsideration is not warranted. Signed by Judge Donald M. Middlebrooks on 10/23/2019. (kal)
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| Filing 50 MOTION/Objection to #49 Order on Motion to Amend/Correct,, Order on Motion for Reconsideration,,,,, by Philander Philippeaux. Responses due by 11/4/2019 (cds) Modified on 10/22/2019 (mr1). |
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Filing 49
ORDER DENYING PLAINTIFFS MOTION TO ALTER OR AMEND JUDGMENT. Denying #40 Motion to Amend/Correct ; Denying #41 Motion for Reconsideration ; Denying #42 Motion to Amend/Correct ; Denying #46 Motion for Reconsideration. Signed by Judge Donald M. Middlebrooks on 10/16/2019. See attached document for full details. (cds)
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| Filing 48 REPLY to Response to Motion re #46 MOTION for Reconsideration re #36 Order on Motion to Dismiss,, 39 Order on Motion for Judgment as a Matter of Law,, filed by Philander Philippeaux. (cds) |
| Filing 47 RESPONSE in Opposition re #46 MOTION for Reconsideration re #36 Order on Motion to Dismiss,, 39 Order on Motion for Judgment as a Matter of Law,, filed by AT&T Corporation. Replies due by 9/20/2019. (Mercado Robles, Yameel) |
| Filing 46 MOTION FOR RELIEF pursuant to rule 60(b)(1) re: #36 Order on Motion to Dismiss,, 39 Order on Motion for Judgment as a Matter of Law,, by Philander Philippeaux. (cds) Modified text on 9/12/2019 (mr1). |
| Filing 45 NOTICE of Inquiry (Docket Sheet Mailed) by Philander Philippeaux (cds) |
| Filing 44 REPLY to #43 Response in Opposition to Motion, by Philander Philippeaux. (cds) |
| Filing 43 RESPONSE in Opposition re #40 MOTION to Amend/Correct #36 Order on Motion to Dismiss,,, #41 MOTION for Reconsideration re #36 Order on Motion to Dismiss,, filed by AT&T Corporation. Replies due by 9/5/2019. (Mercado Robles, Yameel) |
| Filing 42 MOTION To Alter Or Amend A Judgment Or Order 39 Order on Motion for Judgment as a Matter of Law,, by Philander Philippeaux. Responses due by 9/12/2019 (cds) |
| Filing 41 MOTION To Alter Or Amend A Judgment Or Order re #36 Order on Motion to Dismiss,, by Philander Philippeaux. (jao) |
| Filing 40 MOTION To Alter Or Amend A Judgment Or Order #36 Order on Motion to Dismiss, by Philander Philippeaux. Responses due by 9/6/2019 (cds) |
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Filing 39
PAPERLESS ORDER denying #37 Motion for Judgment as a Matter of Law. A judgment as a matter of law is appropriate only after "a party has been fully heard on an issue during a jury trial." Fed. R. Civ. P. 50(a)(1). Because no portion of this case has been heard by a jury, Plaintiff's Motion is procedurally improper. Additionally, on August 15, 2019, I granted Defendant's Motion to Dismiss and dismissed this case. (DE #36 ). Accordingly, Plaintiff's Motion is denied. Signed by Judge Donald M. Middlebrooks on 8/22/2019. (sfr)
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| Filing 38 PLAINTIFF'S OPPOSITION/REPLY TO DEFENDANT'S RESPONSE TO SUMMARY JUDGMENT #35 Response in Opposition to Motion by Philander Philippeaux. (cds) |
| Filing 37 MOTION for Judgment as a Matter of Law by Philander Philippeaux. (cds) |
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Filing 36
ORDER Granting #29 Motion to Dismiss. Closing Case. Denied As Moot: #31 MOTION for Summary Judgment filed by Philander Philippeaux, #25 MOTION for Summary Judgment filed by Philander Philippeaux, #17 MOTION for Summary Judgment filed by Philander Philippeaux, #29 MOTION to Dismiss with Prejudice #27 Amended Complaint and Memorandum of Law in Support filed by AT&T Corporation. Signed by Judge Donald M. Middlebrooks on 8/15/2019. See attached document for full details. (cds)
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| Filing 35 RESPONSE in Opposition re #31 MOTION for Summary Judgment filed by AT&T Corporation. Replies due by 8/16/2019. (Mercado Robles, Yameel) |
| Filing 34 REPLY to Response to Motion re #29 MOTION to Dismiss with Prejudice #27 Amended Complaint and Memorandum of Law in Support filed by AT&T Corporation. (Turner, Christa) |
| Filing 33 Motion For Court to Take Judicial Notice by Philander Philippeaux (cds) |
| Filing 32 RESPONSE to Motion re #29 MOTION to Dismiss with Prejudice #27 Amended Complaint and Memorandum of Law in Support filed by Philander Philippeaux. Replies due by 8/6/2019. (cds) |
| Filing 31 MOTION for Summary Judgment by Philander Philippeaux. Responses due by 8/12/2019 (cds) |
| Filing 30 REPLY to Defendant's #28 Response in Opposition to #25 MOTION FOR JUDGMENT AS A MATTER OF LAW by Philander Philippeaux. (cds) Modified on 7/23/2019 (mr1). |
| Filing 29 MOTION to Dismiss with Prejudice #27 Amended Complaint and Memorandum of Law in Support by AT&T Corporation. Responses due by 8/2/2019 (Turner, Christa) |
| Filing 28 RESPONSE in Opposition re #25 MOTION for Summary Judgment as a matter of law filed by AT&T Corporation. Replies due by 7/22/2019. (Turner, Christa) |
| Filing 27 AMENDED COMPLAINT against AT&T Corporation And Jury Trial Demand filed in response to Order Granting Motion for Leave, filed by Philander Philippeaux.(cds) |
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Filing 26
ORDER Granting: #19 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM filed by AT&T Corporation, American Telephone And Telegraph Company, ( Amended Complaint due by 7/12/2019.) Signed by Judge Donald M. Middlebrooks on 7/1/2019. See attached document for full details. (cds)
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| Filing 25 MOTION FOR JUDGMENT AS A MATTER OF LAW PURSUANT TO FED.R.CIV.P. 50(a)(2) by Philander Philippeaux. Responses due by 7/15/2019 (cds) |
| Filing 24 PLAINTIFF'S REPLY IN SUPPORT #17 MOTION for Summary Judgment by Philander Philippeaux. (cds) |
| Filing 23 REPLY to Response to Motion re #19 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM filed by AT&T Corporation. (Attachments: #1 Exhibit)(Turner, Christa) |
| Filing 22 RESPONSE in Opposition re #17 MOTION for Summary Judgment filed by AT&T Corporation. Replies due by 6/21/2019. (Attachments: #1 Exhibit)(Turner, Christa) |
| Filing 21 RESPONSE to #19 MOTION TO DISMISS #1 Complaint by Philander Philippeaux. (lbc) |
| Filing 20 NOTICE of Attorney Appearance by Yameel L. Mercado Robles on behalf of AT&T Corporation, American Telephone And Telegraph Company,. Attorney Yameel L. Mercado Robles added to party AT&T Corporation(pty:dft), Attorney Yameel L. Mercado Robles added to party American Telephone And Telegraph Company,(pty:dft). (Mercado Robles, Yameel) |
| Filing 19 MOTION TO DISMISS #1 Complaint 42 USC 1983 or Bivens FOR FAILURE TO STATE A CLAIM by AT&T Corporation, American Telephone And Telegraph Company,. Responses due by 6/17/2019 (Turner, Christa) |
| Filing 18 NOTICE of Attorney Appearance by Christa Cowart Turner on behalf of AT&T Corporation, American Telephone And Telegraph Company,. Attorney Christa Cowart Turner added to party AT&T Corporation(pty:dft), Attorney Christa Cowart Turner added to party American Telephone And Telegraph Company,(pty:dft). (Turner, Christa) |
| Filing 17 MOTION for Summary Judgment by Philander Philippeaux. Responses due by 6/14/2019 (lbc) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint 42 USC 1983 or Bivens with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Philander Philippeaux. AT&T Corporation served on 5/13/2019, answer due 6/3/2019. (mee) |
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Filing 15
ORDER DENYING MOTIONS FOR SUMMARY JUDGMENT. Signed by Judge Donald M. Middlebrooks on 4/29/2019. See attached document for full details. (lbc)
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| Filing 14 INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Donald M. Middlebrooks on 4/29/2019. See attached document for full details. (cds) |
| Filing 13 NOTICE OF filing Statement of Relatedness by Philander Philippeaux (lbc) |
| Filing 12 MOTION Requesting Court to Grant Summary Judgment and Enter Final Judgment Pursuant to F.R.C.P. 56( Responses due by 5/6/2019), by Philander Philippeaux. (mee) |
| Filing 11 NOTICE of Statement of Relatedness by Philander Philippeaux (lbc) |
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Filing 10
PAPERLESS ORDER denying #6 Motion for Disclosure; denying #9 Motion to Produce. At this early juncture, where no defendants have been served, motions compelling discovery is premature. A report, in accordance with the Prison Litigation Reform Act (PLRA) shall be entered shortly screening the Plaintiff's Complaint. Signed by Magistrate Judge Lisette M. Reid on 4/10/2019. (nn)
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| Filing 9 MOTION to Produce by Philander Philippeaux. (lbc) |
| Filing 8 Summons Issued as to AT&T Corporation. (mee) |
| Filing 7 MOTION for Summary Judgment by Philander Philippeaux. Responses due by 4/12/2019 (mee) |
| Filing 6 Initial Disclosure(s) of Discovery Federal Rule of Civil Procedure 26(a)(1) by Philander Philippeaux (mee) Modified on 3/26/2019 (mr1). |
| Filing 5 Clerks Notice of Receipt of Filing Fee received on 3/18/2019 in the amount of $400.00, receipt number FLS100183260. (asz) |
| Filing 4 Clerks Notice of Docket Correction re 2 Clerk's Notice of Judge Assignment,. Incorrect Magistrate Judge Selected; Corrected by the Clerk. Correct Magistrate Judge is Dave L. Brannon (mr1) |
| Filing 3 Clerk's Notice of Filing Deficiency Re: #1 Complaint 42 USC 1983 or Bivens filed by Ewuni.com, Philander Philippeaux. 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. (pes) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Lisette M. Reid. Pursuant to Administrative Order 2019-2, this matter is referred to the Magistrate Judge for a ruling on all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. (pes) |
| Filing 1 Complaint pursuant to 42 USC 1983 against AT&T Corporation, American Telephone And Telegraph Company,. Filing fee $ 400.00 Not Paid, No IFP, filed by Philander Philippeaux, Ewuni.com.(pes) |
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