FDMH LLC v. Volusia County Building and Code Administration et al
| FDMH LLC |
| VOLUSIA COUNTY BUILDING AND CODE ADMINISTRATION, KERRY LEUZINGER, GEORGE RECKTENWALD, CLAY ERVIN, JOHN MEINELT and CHRISTOPHER RYAN |
| 2:2023cv08881 |
| December 2, 2023 |
| U.S. District Court for the Eastern District of New York |
| Gary R Brown |
| Steven I Locke |
| Civil Rights: Other |
| 42 U.S.C. § 1983 Civil Rights Act |
| Plaintiff |
Docket Report
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This docket was last retrieved on December 20, 2023. A more recent docket listing may be available from PACER.
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| Case transferred from New York Eastern has been opened in Middle District of Florida as case 6:23-cv-02431, filed 12/20/2023. (JC) |
| Case transferred to District of Florida, Middle. Original file, certified copy of transfer order, and docket sheet sent. ALL FILINGS ARE TO BE MADE IN THE TRANSFER COURT, DO NOT DOCKET TO THIS CASE. (JC) |
ORDER granting #7 Motion to Change Venue. The clerk of the court is directed to immediately transfer this case to the Middle District of Florida, pursuant to 28 U.S.C. 1404(a). Ordered by Judge Gary R. Brown on 12/18/2023. (KN)
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| Filing 7 MOTION to Transfer Venue / RESPONSE TO ORDER TO SHOW CAUSE by FDMH LLC (Christopher, Patrick) Modified on 12/18/2023 to edit to a motion pursuant to GRB Chambers(JC). |
| Filing 6 Letter TO HON. GARY R. BROWN by FDMH LLC (Christopher, Patrick) |
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ORDER TO SHOW CAUSE In its complaint, plaintiff asserts that venue is proper in this district according to 28 U.S.C. 2343. However, that provision is part of the Administrative Orders Review Act, which pertains only to the proper venue for appellate review of certain final orders of federal agencies, as described in 28 U.S.C. 2342. Therefore, this provision cannot serve as a basis for venue in the Eastern District of New York. Under the generally applicable venue statue, 28 U.S.C. 1391, venue is proper only in the judicial district in which any defendant resides, if all defendants are residents of the State in which the district is located or in which a substantial part of the events or omissions giving rise to the claim occurred, or a substantial part of property that is the subject of the action is situated. From this language, venue appears to be proper only in the Middle District of Florida. Plaintiffs counsel is therefore directed to respond by December 29, 2023 by (1) making a motion to transfer this action to the Middle District of Florida, (2) filing a notice of dismissal, or (3) providing any authority that would permit this action to remain in this judicial district. Ordered by Judge Gary R. Brown on 12/11/2023. (KN)
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| Your proposed summons was not issued for one of the following reasons: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION or AO 441 Rev 7/10, SUMMONS ON A THIRD-PARTY COMPLAINT., Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (JC) |
| Filing 5 Proposed Summons. by FDMH LLC (Attachments: #1 Proposed Summons FOR KERRY LAUZINGER, #2 Proposed Summons FOR GEORGE RECKTENWALD, #3 Proposed Summons FOR CLAY ERVIN, #4 Proposed Summons FOR JOHN MEINELT, #5 Proposed Summons FOR CHRISTOPHER RYAN) (Christopher, Patrick) |
| Filing 4 Clerk's Notice Re: Consent. A United States Magistrate Judge has been assigned to this case and is available to conduct all proceedings. In accordance with Rule 73 of the Federal Rules of Civil Procedure, Local Rule 73.1, the parties are notified that if all parties consent, the assigned Magistrate Judge is available to conduct all proceedings in this action including a (jury or nonjury) trial and to order the entry of a final judgment. Attached to this Notice is a blank copy of the consent form that should be filled out, signed and filed electronically only if all parties wish to consent. Any party may withhold its consent without adverse substantive consequences. Do NOT return or file the consent unless all parties have signed the consent.The form may also be accessed at the following link: #https://img.nyed.uscourts.gov/files/forms/MJConsentForm.pdf (LJ) |
| Filing 3 This attorney case opening filing has been checked for quality control. See the attachment for corrections that were made. (LJ) |
| Filing 2 Civil Cover Sheet.. by FDMH LLC (Christopher, Patrick) |
| Your proposed summons was not issued for the following reason: Did not use the correct Summons form AO 440 Rev 6/12, SUMMONS IN A CIVIL ACTION. Please correct and resubmit using Proposed Summons/Civil Cover Sheet. (LJ) |
| Case Assigned to Judge Gary R. Brown and Magistrate Judge Steven I. Locke. Please download and review the Individual Practices of the assigned Judges, located on our #website. Attorneys are responsible for providing courtesy copies to judges where their Individual Practices require such. (LJ) |
| Notice: Re: Incomplete Civil Cover Sheet. A completed Civil Cover Sheet was not filed - specifically page 2 of the document is missing; the Clerk's Office cannot assign this case without a completed Civil Cover Sheet. Counsel is directed to submit the Civil Cover Sheet using the event Proposed Summons/Civil Cover Sheet. (LJ) |
| Incorrect Document Entry Information. Complaint was entered as against plaintiff; entry was deleted and re-entered as against all defendants. (LJ) |
| Filing 1 COMPLAINT against All Defendants, filed by FDMH LLC. Was the Disclosure Statement on Civil Cover Sheet completed -Yes (Attachments: #1 Civil Cover Sheet, #2 Proposed Summons) (LJ) Modified on 12/6/2023 (LJ). |
| FILING FEE: $ 405, receipt number ANYEDC-17339881 (LJ) |
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