Gazzola v. State of Florida et al
| John Gazzola |
| State of Florida, ALEXCIA COX, Greg Kridos, Lauren Brody, Richard Faver, Linda Faver, Michael Stone, Robert Gierkink, Kelley Pulisic, Lisa Wilcox, Kimberly Corts, Juan Ortiz, Brittany Kasprack, Pia Quiroga, Jacqueline Porcaro, Susan Hamzavi, Samantha Hamzavi, Susan Conoby, Hector Florentino, Kirsten Kopp, Joseph Mazzariello, Deputy Bryant, Deputy Guarin, Deputy Lipinski, Deputy B. Brown, Deputy K. Harris, Deputy Pierre-Luis, Erika Lucas and John Pata |
| 9:2026cv80302 |
| March 20, 2026 |
| U.S. District Court for the Southern District of Florida |
| Aileen M Cannon |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on May 15, 2026. A more recent docket listing may be available from PACER.
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| Filing 41 PAPERLESS NOTICE of Hearing: In-person Status Conference set for 6/22/2026 at 3:00 PM in the Fort Pierce Division before Judge Aileen M. Cannon. The parties shall prepare in advance and be ready to discuss the status and background of the case in detail, including the nature of the claim(s) at issue, any pending motions, and all completed and outstanding discovery. All counsel appearing before the Court must have a properly filed Notice of Appearance on the docket prior to the hearing and be fully familiar with the specifics of the case, including discovery. (jj02) |
Filing 40
PAPERLESS ORDER denying as moot #39 Plaintiff's for Leave to File Plaintiff's Motion to Terminate Counsel of Record and Confirm Pro Se Status. Plaintiff has already filed a #25 Notice of Intent to Proceed Pro Se and Consent to Receive NEFs. Further, the docket reflects the termination of Plaintiff's previous counsel #6 . Signed by Judge Aileen M. Cannon on 4/26/2026. (jj02)
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| Filing 39 MOTION for Leave to File Plaintiff's Motion to Terminate Counsel of Record and Confirm Pro Se Status by John Gazzola. Responses due by 5/6/2026. (Attachments: #1 Motion to Terminate Counsel of Record and Confirm Pro Se Status)(ebz) |
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Filing 38
PAPERLESS ORDER denying without prejudice #34 Defendant Lisa Wilcox's Motion to Dismiss. Pursuant to the Court's Order Requiring Combined Responses #35 , "no Defendant shall file a response or answer until all Defendants in this action have been served" as documented on the docket, and "Defendants shall submit a single combined response or separate answers within the time allowed for the last-served Defendant to respond." Defendant Lisa Wilcox may refile the Motion in accordance with all of the above procedures #34 . Signed by Judge Aileen M. Cannon on 4/21/2026. (jj02)
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Filing 37
PAPERLESS ORDER denying without prejudice #36 Plaintiff's Motion for Leave to File Third Amended Complaint. The Motion does not contain a certificate of conferral as required by Local Rule 7.1(a)(2). See S.D. Fla. 7.1(a)(2). Further, the Motion does not attach as an exhibit a copy of the proposed amended pleading. S.D. Fla. L.R. 15.1; CM/ECF Procedures 3I(1). Plaintiff is reminded that all pro se parties must comply with all Local Rules, Federal Rules, and Court Orders and instructions. See Moon v. Newsome, 863 F.2d 835, 837 (11th Cir. 1989) (noting that pro se litigants are "subject to the relevant law and rules of court, including the Federal Rules of Civil Procedure"). Signed by Judge Aileen M. Cannon on 4/21/2026. (jj02)
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| Filing 36 Plaintiff's Motion for Leave to File Third Amended Complaint (and Incorporated Memorandum of Law) by John Gazzola. Responses due by 5/4/2026. (wce) |
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Filing 35
ORDER REQUIRING DOCKETED PROOF OF SERVICE; REQUIRING COMBINED RESPONSES; AND SETTING TYPEFACE REQUIREMENTS. Signed by Judge Aileen M. Cannon on 4/20/2026. See attached document for full details. (scn)
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| Filing 34 MOTION TO DISMISS #24 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Lisa Wilcox. Attorney Anthony M. Barbuto added to party Lisa Wilcox(pty:dft). Responses due by 5/4/2026. (Attachments: #1 Exhibit Dismissal with Prejudice, #2 Exhibit Vexatious Litigant Order)(Barbuto, Anthony) |
| Filing 33 SUMMONS (Affidavit) Returned Executed on #24 Amended Complaint/Amended Notice of Removal, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by John Gazzola. Lisa Wilcox served on 4/10/2026, response/answer due 5/1/2026. (ebz) |
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Filing 32
PAPERLESS ORDER granting #30 Plaintiff's Motion for Leave to File Proof of Service. On or before April 16, 2026, Plaintiff shall file Proof of Service as to Defendant Lisa Wilcox. Plaintiff is reminded that the proof of service must clarify who was served, the specific address at which that Defendant was purportedly served, and identify which rule or statute was followed in effectuating service. Signed by Judge Aileen M. Cannon on 4/14/2026. (jj02)
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Filing 31
PAPERLESS ORDER denying #26 Plaintiff's Renewed Motion for Temporary Restraining Order and Request for Expedited Response. First, Plaintiff does not satisfy the requirements necessary for the Court to issue a temporary restraining order without written or oral notice to the adverse party under Rule 65(b)(1) #26 . See Fed. R. Civ. P. 65(b)(1). Second, the conclusory statements made in the Renewed Motion for Temporary Restraining Order fail to establish a substantial likelihood of success on the merits of Plaintiff's defamation claims or to show clear and irreparable harm absent injunctive relief. See Siegel v. LePore, 234 F.3d 1163, 1176 (11th Cir. 2000) (noting that a "preliminary injunction is an extraordinary and drastic remedy not to be granted unless the movant clearly established the burden of persuasion as to each of the four prerequisites") (quotation omitted). Third, Plaintiff cites no circumstances "to justify overriding the strong public interest against imposing a prior restraint on speech and issuing a temporary restraining order or preliminary injunction as to speech that has not yet been found defamatory." See Ward v. Triple Canopy, Inc., No. 8:17-CV-802-T-24, 2017 WL 3149431, at *5 (M.D. Fla. July 25, 2017). Signed by Judge Aileen M. Cannon on 4/12/2026. (jj02)
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| Filing 30 MOTION for Leave to File Proof of Service by John Gazzola. Responses due by 4/24/2026. (ksr) |
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Filing 29
PAPERLESS ORDER sua sponte limiting future motion practice and filings on the docket. In the exercise of the Court's inherent authority to manage its docket, and due to the disproportionate number of meritless filings submitted by Plaintiff in this action in a short period of time and the unnecessary expenditure of judicial resources consumed in adjudicating and reviewing such filings, Plaintiff is directed as follows. Plaintiff shall not file any motion or submit any item on the docket unless the Plaintiff first files a motion for leave to file the designated motion/filing and obtains the Court's approval to file the requested material. Except as stated in this Order, any motion or item on the docket that is filed by Plaintiff without this mandatory judicial pre-approval will be stricken without further notice. Signed by Judge Aileen M. Cannon on 4/10/2026. (jj02)
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| Filing 28 CLERK'S NOTICE re #25 Consent by Pro Se Litigant to Receive Notices of Electronic Filing. Please note that John Gazzola's email address has not been added. It appears that an attorney is currently representing John Gazzola. Please resubmit the consent form once you are no longer represented by an attorney. (jc) |
| Filing 27 Summons Issued as to Deputy B. Brown, Lauren Brody, Deputy Bryant, Susan Conoby, Linda Faver, Richard Faver, Hector Florentino, Robert Gierkink, Deputy Guarin, Samantha Hamzavi, Susan Hamzavi, Brittany Kasprack, Deputy Lipinski, Erika Lucas, Joseph Mazzariello, John Pata, Jacqueline Porcaro, Kelley Pulisic, Pia Quiroga, Michael Stone, Lisa Wilcox. (ebz) |
| Filing 26 MOTION for Temporary Restraining Order and Request for Expedited Response by John Gazzola. (ebz) (Additional attachment(s) added on 4/9/2026: #1 Text of Proposed Order) (ebz). |
| Filing 25 Consent by Pro Se Litigant (Non-Prisoner) John Gazzola to receive Notices of Electronic Filing at email address: [email protected] (ebz) |
| Filing 24 SECOND AMENDED COMPLAINT against Deputy B. Brown, Lauren Brody, Deputy Bryant, Susan Conoby, Linda Faver, Richard Faver, Hector Florentino, Robert Gierkink, Deputy Guarin, Samantha Hamzavi, Susan Hamzavi, Brittany Kasprack, Deputy Lipinski, Joseph Mazzariello, Jacqueline Porcaro, Kelley Pulisic, Pia Quiroga, Michael Stone, Lisa Wilcox, Erika Lucas, John Pata filed in response to Order Granting Motion for Leave, filed by John Gazzola.(ebz) |
| Filing 22 CLERK'S NOTICE of Compliance. Mailed a copy of DE #21 Order to John Gazzola. (ebz) |
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Filing 21
ORDER DISMISSING PLEADING; PERMITTING REPLEADING; AND DENYING MOTION FOR INJUNCTIVE RELIEF. The Amended Complaint DE #9 is DISMISSED WITHOUT PREJUDICE. Plaintiff may file a second amended complaint that is consistent with this Order on or before April 15, 2026. Plaintiff's Amended Motion for Temporary Restraining Order DE #16 is DENIED. (Amended Complaint due by 4/15/2026.) Signed by Judge Aileen M. Cannon on 4/7/2026. See attached document for full details. (ebz)
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| Filing 23 NOTICE of Compliance re 20 Order. (Copy of Order mailed to pro se Plaintiff) (amb) |
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Filing 20
PAPERLESS ORDER striking #12 Notice of Potential Unavailability. Neither the Local Rules nor the Federal Rules of Civil Procedure authorizes notices of unavailability. Any request for a continuance or extension of a Court deadline must come in the form of a properly filed written motion in accordance with the Local Rules. Failure to comply with Court deadlines, the Local Rules, or Court instructions may result in sanctions. The Clerk is directed to MAIL a copy of this Order to pro se Plaintiff. Signed by Judge Aileen M. Cannon on 4/7/2026. (jj02)
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Filing 19
PAPERLESS ORDER denying #8 Motion for Protective Order. The Motion lacks a proposed order as required by S.D. Fla. L.R. 7.1(a)(2) and warrants denial on that basis alone. Substantively, the Motion fails to specify the particularized relief sought and the factual and legal basis warranting relief. Signed by Judge Aileen M. Cannon on 4/7/2026. (AMC)
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| Filing 18 CLERK'S NOTICE of Compliance. Mailed a copy of DE #17 Order to John Gazzola. (ebz) |
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Filing 17
ORDER REQUIRING PRO SE PLAINTIFF TO CONSENT TO RECEIVE ELECTRONIC FILINGS. Signed by Judge Aileen M. Cannon on 4/7/2026. See attached document for full details. (ebz)
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| Filing 16 AMENDED MOTION for Temporary Restraining Order and Preliminary Injunction by John Gazzola. Responses due by 4/21/2026. (ebz) |
| Filing 15 Summons Issued as to Linda Faver, Richard Faver, Michael Stone. (ebz) |
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Filing 14
PAPELRESS ORDER denying #13 Plaintiff's Emergency Motion. Plaintiff does not include a Certificate of Emergency as required by Local Rule 7.1(d)(1). See S.D. Fla. L.R. 7.1(d)(1). Further, a review of Plaintiff's Motion does not reveal any true emergency that would warrant emergency relief, as the motion would not become moot if not ruled on within seven days. See S.D. Fla. L.R. 7.1(d)(1) ("Generally, unless a motion will become moot if not ruled on within seven (7) days, the motion should not be filed as an emergency motion."). Plaintiff is cautioned that the "unwarranted designation of a motion as an emergency motion may result in sanctions." See S.D. Fla. L.R. 7.1(d)(1). Signed by Judge Aileen M. Cannon on 4/6/2026. (jj02)
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| Filing 13 EMERGENCY MOTION for Temporary Restraining Order and Preliminary Injunction by John Gazzola. Responses due by 4/20/2026. (ebz) |
| Filing 12 (STRICKEN) NOTICE OF POTENTIAL UNAVAILABILITY AND REQUEST FOR ACCOMMODATION by John Gazzola. (ebz) Modified per DE 20 on 4/8/2026 (amb). |
| Filing 11 NOTICE to the Court Regarding Potential Conflict of Interest by John Gazzola. (ebz) |
| Filing 10 Summons Issued as to Deputy B. Brown, Deputy Bryant, Susan Conoby, Kimberly Corts, Hector Florentino, Robert Gierkink, Deputy Guarin, Samantha Hamzavi, Deputy K. Harris, Brittany Kasprack, Kirsten Kopp, Deputy Lipinski, Joseph Mazzariello, Juan Ortiz, Deputy Pierre-Luis, Jacqueline Porcaro, Kelley Pulisic, Pia Quiroga, Lisa Wilcox. (ebz) |
| Filing 9 AMENDED COMPLAINT against Lauren Brody, Linda Faver, Richard Faver, Michael Stone, Robert Gierkink, Kelley Pulisic, Lisa Wilcox, Kimberly Corts, Juan Ortiz, Brittany Kasprack, Pia Quiroga, Jacqueline Porcaro, Susan Hamzavi, Samantha Hamzavi, Susan Conoby, Hector Florentino, Kirsten Kopp, Joseph Mazzariello, Deputy Bryant, Deputy Guarin, Deputy Lipinski, Deputy B. Brown, Deputy K. Harris, Deputy Pierre-Luis, filed by John Gazzola.(ebz) |
| Filing 8 MOTION for Protective Order and Related Relief Regarding Witness and Party Safety by John Gazzola. Responses due by 4/16/2026. (ebz) |
| Filing 7 Summons Issued as to Lauren Brody, ALEXCIA COX, Linda Faver, Richard Faver, Greg Kridos, State of Florida, Michael Stone. (ksr) |
| Filing 6 NOTICE of Pro Se Appearance by John Gazzola. (ebz) |
| Filing 5 NOTICE of filing Supplemental Brief in Response to the Court's Order by John Gazzola re 4 Order. (ebz) |
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Filing 4
PAPERLESS ORDER requiring supplemental briefing from Plaintiff. On or before April 13, 2026, Plaintiff shall submit a supplemental brief, not to exceed twenty double-spaced pages, addressing (1) whether Plaintiff is represented by counsel or proceeding pro se, given the reference to an attorney's review in the verification on page 19 of the Complaint; (2) Plaintiff's theory as to supplemental jurisdiction describing how the state law claims arise out of the same common nucleus of operative fact as his federal law claims, see e.g., 28 U.S.C. 1367; (3) whether this Court should abstain from adjudicating this case pursuant to the Younger abstention doctrine, see, e.g., Younger v. Harris, 401 U.S. 37 (1971); 31 Foster Child. v. Bush, 329 F.3d 1255 (11th Cir. 2003); (4) whether Plaintiff's claims against the State of Florida are barred by Eleventh Amendment immunity or any other form of immunity. See, e.g., U.S. Const. amend. XI; Bd. of Trs. of Univ. of Alabama v. Garrett, 531 U.S. 356 (2001); Coleman v. Ct. of Appeals of Maryland, 566 U.S. 30 (2012); and (5) whether Plaintiff's claims against the state prosecutors are barred by prosecutorial immunity. See e.g., Jones v. Cannon, 174 F.3d 1271, 1281 (11th Cir. 1999). Signed by Judge Aileen M. Cannon on 3/26/2026. (jj02)
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| Filing 3 Clerk's Notice to Filer re: Summons(es) will not be issued. Summons(es) NOT issued for the following reasons: Defendant names & Filing answer or motion with the court language are omitted. Please use AO 440 Summons Form located on court's website (kpe) Modified text on 3/20/2026 (kpe). |
| Filing 2 Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Ryon M. McCabe 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. (kpe) |
| Filing 1 COMPLAINT John Gazzola against All Defendants. Filing fees $ 405.00 receipt number AFLSDC-19334845, filed by John Gazzola. (Attachments: #1 Civil Cover Sheet Cover, #2 Summon(s) Summons)(Liebmann, Alexander) |
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