Guillaume v. Department of Veterans Affairs et al
| Jean Frantz Guillaume |
| Small Business Administration, Department of Veterans Affairs, United States, Thomas McGrath, Kenneth M. Hyde, Premier Management Corporation, Tiana Burnett, Marcus E. Board, Earl Titus and Daniel Pearsall |
| 9:2021cv80485 |
| March 4, 2021 |
| US District Court for the Southern District of Florida |
| Dave Lee Brannon |
| Donald M Middlebrooks |
| Other Statutory Actions |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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| Filing 37 Clerks Non-Entry of Default as to Department of Veterans Affairs, Kenneth M. Hyde, Thomas McGrath, Small Business Administration, United States - Motions Terminated: #36 Motion for Clerks Entry of Default. Reason: Responsive pleading (i.e. Motion for Extention of Time to File Answer to Complaint, Motion to Dismiss Complaint, etc) has been filed Signed by DEPUTY CLERK on 4/29/2021. (drz) |
| Filing 36 Plaintiff's Notice Application for Entry of Default by the Clerk Pursuant to Rule 55(a) as to Department of Veterans Affairs, Kenneth M. Hyde, Thomas McGrath, Small Business Administration, United States by Jean Frantz Guillaume. (drz) |
| Filing 35 Plaintiff's Request Leave to File Motion in Opposition to "Notice by United States Lack of Service 4.28.2021" by Jean Frantz Guillaume. (Attachments: #1 Plaintiff's Request Motion in Oposition to Notice by United States Lack of Service 4.28.2021, #2 Affidavit)(drz) |
| Filing 34 NOTICE by United States of Lack of Service. Attorney Carlos Javier Raurell added to party United States(pty:dft). (Raurell, Carlos) |
| Filing 33 Plaintiff's Request Motion for Leave to File Motion for Judgment upon Default Rule 7.1(E) by Jean Frantz Guillaume. (Attachments: #1 Plaintiff's Request Motion For Judgment Upon Default Rule 7.1(E))(drz) |
| Filing 32 REPLY to Defendants Opposition to Plaintiffs Motion for Summary Judgment #31 Response in Opposition to Motion by Jean Frantz Guillaume. (dj) |
| Filing 31 RESPONSE in Opposition re #26 MOTION for Summary Judgment filed by Marcus E. Board, Tiana Burnett, Daniel Pearsall, Premier Management Corporation, Earl Titus. Replies due by 4/26/2021. (Pabian, Ilene) |
Filing 30
PAPERLESS ORDER STRIKING #29 Plaintiff's "Request Motion Objecting to Premier Defendants' Reply in Support of Motion to Dismiss." I will construe pro se Plaintiff's filing as a sur-reply to the Premier Defendants' Reply in Support of Motion to Dismiss (DE #28 ). While Local Rule 7.1(c)(1) permits a party to file a reply brief in support of its original motion within seven calendar days of service of the non-movant's response, "[n]o further or additional memoranda of law shall be filed and served without prior leave of Court." S.D. Fla. L.R. 7.1(c)(1). Here, Plaintiff impermissibly filed his sur-reply without leave of court. Accordingly, it is stricken. Should Plaintiff file a motion requesting leave of Court to file a sur-reply, he is advised that "[a] district court's decision to permit the filing of a sur-reply is purely discretionary and should generally only be allowed when 'a valid reason for such additional briefing exists, such as where the movant raises new arguments in its reply brief.'" First Specialty Ins. Corp. v. 633 Partners, Ltd., 300 Fed. App'x 777, 788 (11th Cir. 2008) (citation omitted). Signed by Judge Donald M. Middlebrooks on 4/16/2021. (kal)
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| Filing 29 (STRICKEN PER DE#30)Plaintiff's Request Motion Objecting to #28 Response/Reply (Other) by Jean Frantz Guillaume. (drz) Modified File Date on 4/15/2021 (drz). Modified on 4/19/2021 (cqs). |
| Filing 28 First REPLY to #23 Response in Opposition to Motion to Dismiss by Marcus E. Board, Tiana Burnett, Daniel Pearsall, Premier Management Corporation, Earl Titus. (Pabian, Ilene) |
| Filing 27 RESPONSE to Defendants' Judicial Notice Three (3) Exhibits 4.6.2021 re #25 Notice, by Jean Frantz Guillaume. (Attachments: #1 Exhibit)(kpe) |
| Filing 26 MOTION for Summary Judgment Rule 56 Against the Federal Defendants by Jean Frantz Guillaume. Responses due by 4/20/2021 (Attachments: #1 Exhibit)(kpe) |
| Filing 25 NOTICE by Marcus E. Board, Tiana Burnett, Daniel Pearsall, Premier Management Corporation, Earl Titus re #19 First MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM of Filing Exhibits in Support of Premier Defendants' Motion to Dismiss (Attachments: #1 Exhibit Opinion, #2 Exhibit Order Granting Motion to Dismiss) (Pabian, Ilene) |
| Filing 24 Plaintiff's Request Motion for Summary Judgment Rule 56 by Jean Frantz Guillaume. Responses due by 4/19/2021 (drz) |
| Filing 23 Plaintiff's Request Motion to Deny Premier Defendants Motion to Dismiss 12(b)6 re #19 First MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM filed by Jean Frantz Guillaume. Replies due by 4/12/2021. (drz) |
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Filing 22
PAPERLESS ORDER granting #18 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rachel A. Shapiro. Signed by Judge Donald M. Middlebrooks on 3/30/2021. (hck)
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Filing 21
PAPERLESS ORDER granting #17 Motion to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Attorney Rachel T. McGuckian. Signed by Judge Donald M. Middlebrooks on 3/30/2021. (hck)
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| Filing 20 Initial Disclosure(s) Corporate by Marcus E. Board, Tiana Burnett, Daniel Pearsall, Premier Management Corporation, Earl Titus (Pabian, Ilene) |
| Filing 19 First MOTION TO DISMISS #1 Complaint, FOR FAILURE TO STATE A CLAIM by Marcus E. Board, Tiana Burnett, Daniel Pearsall, Premier Management Corporation, Earl Titus. Responses due by 4/12/2021 (Pabian, Ilene) |
| Filing 18 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rachel A. Shapiro. Filing Fee $ 200.00 Receipt # AFLSDC-14560282 by Marcus E. Board, Tiana Burnett, Daniel Pearsall, Premier Management Corporation, Earl Titus. Responses due by 4/12/2021 (Attachments: #1 Certification Rachel A. Shapiro, #2 Text of Proposed Order Rachel A. Shapiro)(Pabian, Ilene) |
| Filing 17 MOTION to Appear Pro Hac Vice, Consent to Designation, and Request to Electronically Receive Notices of Electronic Filing for Rachel T. McGuckian. Filing Fee $ 200.00 Receipt # AFLSDC-14560158 by Marcus E. Board, Tiana Burnett, Daniel Pearsall, Premier Management Corporation, Earl Titus. Attorney Ilene Linda Pabian added to party Marcus E. Board(pty:dft), Attorney Ilene Linda Pabian added to party Tiana Burnett(pty:dft), Attorney Ilene Linda Pabian added to party Daniel Pearsall(pty:dft), Attorney Ilene Linda Pabian added to party Premier Management Corporation(pty:dft), Attorney Ilene Linda Pabian added to party Earl Titus(pty:dft). Responses due by 4/12/2021 (Attachments: #1 Certification Certification of Rachel T. McGuckian, #2 Text of Proposed Order Proposed Order for Rachel T. McGuckian)(Pabian, Ilene) |
| Filing 16 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Earl Titus served on 3/19/2021, answer due 4/9/2021. (jao) |
| Filing 15 SUMMONS (Affidavit) Returned Executed by Jean Frantz Guillaume. United States served on 3/15/2021, Answer due 5/14/2021. (lk) |
| Filing 14 SUMMONS (Affidavit) Returned Executed by Jean Frantz Guillaume. Department of Veterans Affairs served on 3/15/2021, Answer due 5/14/2021. (lk) |
| Filing 13 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jean Frantz Guillaume. Small Business Administration served on 3/15/2021, answer due 4/5/2021. (lk) |
| Filing 12 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jean Frantz Guillaume. Kenneth M. Hyde served on 3/15/2021, answer due 4/5/2021. (lk) |
| Filing 11 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jean Frantz Guillaume. Thomas McGrath served on 3/15/2021, answer due 4/5/2021. (lk) |
| Filing 10 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jean Frantz Guillaume. Premier Management Corporation served on 3/8/2021, answer due 3/29/2021. (lk) |
| 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 Jean Frantz Guillaume. Marcus E. Board served on 3/8/2021, answer due 3/29/2021. (lk) |
| 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 Jean Frantz Guillaume. Daniel Pearsall served on 3/8/2021, answer due 3/29/2021. (lk) |
| Filing 7 SUMMONS (Affidavit) Returned Executed on #1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Jean Frantz Guillaume. Tiana Burnett served on 3/8/2021, answer due 3/29/2021. (lk) |
| Filing 6 Notice and Consent to Jurisdiction US Magistrate Judge NOT SIGNED by all parties. Filed by Jean Frantz Guillaume (lk) |
| Filing 5 Consent by Pro Se Litigant (Non-Prisoner) Jean Frantz Guillaume to receive Notices of Electronic Filing at email address: gaxpo@gaxpo.com (lk) |
| Filing 4 Summons Issued as to Marcus E. Board, Tiana Burnett, Department of Veterans Affairs, Kenneth M. Hyde, Thomas McGrath, Daniel Pearsall, Premier Management Corporation, Small Business Administration, Earl Titus, United States (pcs) |
| Filing 3 Clerks Notice of Receipt of Filing Fee received on 3/5/2021 in the amount of $ 402.00, receipt number FLS900007267 (pcs) |
| Filing 2 Clerks Notice of Judge Assignment to Judge Donald M. Middlebrooks and Magistrate Judge Dave Lee Brannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Dave Lee Brannon 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. (drz) |
| Filing 1 COMPLAINT against Marcus E. Board, Tiana Burnett, Department of Veterans Affairs, Kenneth M. Hyde, Thomas McGrath, Daniel Pearsall, Premier Management Corporation, Small Business Administration, Earl Titus. Filing fees $ 402.00 not paid/no ifp filed, filed by Jean Frantz Guillaume. (Attachments: #1 Civil Cover Sheet, #2 Exhibit, #3 Summon(s))(drz) |
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