Filed |
Case |
Description |
Presiding Judge |
| 04/18/2024 | Koukouvaos v. The Athenian Academy, Inc.
2:24-cv-00200-KCD | ORDER dismissing case with prejudice, with each party to bear their own fees and costs, unless otherwise agreed. The Clerk is directed to enter judgment, deny all pending motions, terminate all scheduled events, and close the case. Signed by Mag
| Magistrate Judge Kyle C. Dudek |
| 04/18/2024 | Herman et al v. The Mr. Cooper Group Inc.
2:23-cv-00948-JES-KCD | OPINION AND ORDER overruling [71] Notice of Exception. Plaintiff shall comply with the [70] Order and file a Third Amended Complaint that includes all claims on or before May 3, 2024. Defendant shall respond within 7 days of its filing. Signed
| Judge John E. Steele |
| 04/17/2024 | Hernandez v. Mondelez Global, LLC
2:24-cv-00012-SPC-NPM | ORDERED: Defendant Mondelez Global, LLC's Motion to Dismiss Plaintiff's First Amended Complaint for Failure to State a Cause of Action (Doc. [24]), is GRANTED. The Amended Complaint (Doc. [20]) is DISMISSED without prejudice. Plaintiff
| Judge Sheri Polster Chappell |
| 04/17/2024 | Smith v. Secretary, Department of Corrections (Collier)
2:23-cv-01032-SPC-KCD | OPINION AND ORDER re: [22] MOTION for Miscellaneous Relief, specifically to expand the record, [3] MOTION to Appoint Counsel, [10] AMENDED MOTION to Appoint Counsel. Petitioner Zachary O. Smith's motions for appointment of counsel (Docs. 3
| Judge Sheri Polster Chappell |
| 04/17/2024 | Zavala et al v. Construcion Pachito Martinez LLC, et al
2:23-cv-00300-JLB-KCD | ORDER. The Report and Recommendation (Doc. [22]) is ADOPTED. The Motion for Default Judgment Against Defendants (Doc. [21]) is GRANTED as to Counts I, II, and III. The Clerk is directed to enter a default judgment in the amount of $38,40
| Judge John L. Badalamenti |
| 04/17/2024 | Sagesse v. Dixon et al (Lee County)
2:23-cv-00007-SPC-KCD | OPINION AND ORDER re: [10] Amended petition for writ of habeas corpus. Rones Sagesse's Amended Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2254 (Doc. 10) is DENIED. The Clerk is DIRECTED to terminate any pending motions and
| Judge Sheri Polster Chappell |
| 04/16/2024 | Global Weather Productions, LLC v. Studio 239 LLC
2:24-cv-00075-JLB-NPM | ORDER granting [14] plaintiff's motion to strike answer and to continue the Rule 16 conference. As such, defendant's purported answer (Doc. [8]) is deemed stricken, and the Clerk is DIRECTED to delete the PDF file from the CM/ECF docket
| Judge John L. Badalamenti |
| 04/16/2024 | Moreno v. Commissioner of Social Security
2:23-cv-01066-NPM | ORDER granting [19] unopposed motion for entry of judgment with remand. The clerk is directed to enter judgment accordingly, terminate all scheduled events, and close the case. See order for details. Signed by Magistrate Judge Nicholas P. Mizell o
| Magistrate Judge Nicholas P. Mizell |
| 04/16/2024 | 898 Fifth Avenue South Holdings, LLC v. Pear
2:23-cv-00576-JLB-NPM | ORDER granting in part [29] Plaintiff's Motion for Attorneys' Fees. The Court reserves its decision on the amount of attorneys' fees (see Doc. [20]; Doc. [31]) pending Plaintiff's supplemental submission. Plaintiff may
| Judge John L. Badalamenti |
| 04/16/2024 | In Re 2008 Formula 31 Bow rider Vessel Bearing Hull ID Number TNRD703I708
2:23-cv-00168-JES-NPM | ORDER granting [44] Joseph Monteleone's unopposed motion to stay the limitation action. The parties must notify the court by January 1, 2025, and quarterly thereafter, concerning the status of this matter. The clerk is directed to add a STAY
| Judge John E. Steele |
| 04/15/2024 | ROJAS v. Florida Cancer Specialists & Research Institute, LLC
2:24-cv-00331-JES-NPM | ORDERED: The Honorable Sheri Polster Chappell is RECUSED from this action. The Clerk is DIRECTED to reassign this case to another United States District Judge in the Fort Myers Division. Signed by Judge Sheri Polster Chappell on 4/15/2024. (AEH
| Judge John E. Steele |
| 04/15/2024 | Myers v. City of Naples, Florida
2:24-cv-00322-SPC-KCD | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice. Signed by Judge Sheri Polster Chappell on 4/15/2024. (AEH)
| Judge Sheri Polster Chappell |
| 04/15/2024 | USA v. Sims
2:24-mj-01044-KCD | ORDER granting [22] Motion for Finding of Excludable Time as to David Kendrelle Sims (1). The ends of justice served by tolling the speedy indictment clock between today's date and May 15, 2024, outweigh the best interest of the public and
| Magistrate Judge Kyle C. Dudek |
| 04/15/2024 | Bayside Estates Homeowners, Inc. v. Westchester Surplus Lines Insurance Company
2:24-cv-00259-SPC-KCD | ORDER denying [12] Motion to Strike; denying as moot [24] Motion for Leave to File a Reply Brief. Signed by Magistrate Judge Kyle C. Dudek on 4/15/2024. (CGW)
| Judge Sheri Polster Chappell |
| 04/15/2024 | Adkins v. Charlotte C.I. et al
2:24-cv-00199-SPC-KCD | OPINION AND ORDER re: [1] Complaint. Plaintiff Kenneth McClellen Adkins' Complaint for Violation of Civil Rights (Doc. 1) is DISMISSED without prejudice. Adkins may file an amended complaint by May 3, 2024. Otherwise, the Court will enter
| Judge Sheri Polster Chappell |
| 04/15/2024 | Saito et al v. Patel et al
2:24-cv-00065-JES-KCD | ORDER granting [34] Motion for Leave to File an Amended Complaint. The Clerk is directed to docket the amended complaint (Doc. 34-1) as a separate docket entry and issue the summons (Doc. 34-2). Defendants' Motions to Dismiss (Docs. 16, 18,
| Judge John E. Steele |
| 04/15/2024 | Noshirvan v. Couture et al
2:23-cv-01218-JES-KCD | OPINION & ORDER denying Defendants' [46] Motion to Dismiss for Lack of Subject Matter Jurisdiction. Signed by Judge John E. Steele on 4/15/2024. (FMB)
| Judge John E. Steele |
| 04/15/2024 | Pimentel et al v. Strength20, LLC et al
2:23-cv-00544-JLB-KCD | ORDER re [103] Notice (Other) filed by Emmanuel Pimentel, [98] Notice (Other), filed by Emmanuel Pimentel. The agreed notice (Doc. 98-1) and consent form (Doc. 103-1) are approved for distribution. Within fourteen (14) days of this order, D
| Judge John L. Badalamenti |
| 04/15/2024 | Cabrera v. Sparklean Cleaning, LLC et al
2:23-cv-00073-KCD | ORDER granting [47] Joint Motion to Review and Approve FLSA Settlement and Dismiss Action with Prejudice. This case is DISMISSED WITH PREJUDICE as per the parties' agreement; and The Clerk is directed to close the case. Signed by Magistra
| Magistrate Judge Kyle C. Dudek |
| 04/15/2024 | Antale v. Holiday CVS, L.L.C.
2:22-cv-00733-SPC-NPM | ORDERED: Defendant Holiday CVS, L.L.C.'s Motion for Final Summary Judgment, (Doc. [28]), is GRANTED. The Clerk is DIRECTED to enter judgment, terminate all pending motions or deadlines, and close the case. Signed by Judge Sheri Polster Chap
| Judge Sheri Polster Chappell |
| 04/12/2024 | Fetzer v. State of Florida et al (Desoto)
2:24-cv-00309-JES-KCD | OPINION AND ORDER dismissing [1] construed federal habeas petition. The Clerk shall enter judgment and close the case. Signed by Judge John E. Steele on 4/12/2024. (RKR)
| Judge John E. Steele |
| 04/12/2024 | K.P. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A
2:24-cv-00272-SPC-KCD | ORDER denying [12] Motion for Order Authorizing Alternate Service. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 4/12/2024. (CGW)
| Judge Sheri Polster Chappell |
| 04/12/2024 | S. Llanio Business Service Inc et al v. Scottsdale Insurance Company
2:24-cv-00210-SPC-KCD | ORDER granting [15] Motion to Stay Litigation and Compel Appraisal. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMISTRATIVELY CLOSE THE CASE. The parties are DIRECTED to file a joint report on the
| Judge Sheri Polster Chappell |
| 04/12/2024 | Benoit v. Silverio et al
2:23-cv-01070-JES-NPM | OPINION AND ORDER denying [43] Motion to Dismiss. Signed by Judge John E. Steele on 4/12/2024. (RKR)
OPINION AND ORDER granting [46] Motion to Strike Jury Demand; denying as moot [50] Motion to file reply. The Clerk shall correct the case to reflect that it is a non-jury case and reset the jury trial to reflect a bench trial. Signed by Judge
| Judge John E. Steele |
| 04/12/2024 | Wright v. CrossCountry Mortgage, LLC et al
2:23-cv-00383-JLB-KCD | ORDER adopting [84] Report and Recommendation. Plaintiff's Renewed Motion for Entry of Default Judgment (Doc. [79]) is GRANTED in part, to the extent stated in the Report and Recommendation (Doc. [84]). The Court will enter a default judgment
| Judge John L. Badalamenti |
| 04/12/2024 | Kelley v. Florida Department of Corrections
2:22-cv-00767-SPC-KCD | OPINION AND ORDER re: [1] Petition for Writ of Habeas Corpus. Petitioner Susan Marie Kelley's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. 1) is DISMISSED. The Clerk is DIRECTED to termi
| Judge Sheri Polster Chappell |
| 04/11/2024 | Phillips v. State of Florida et al
2:24-cv-00327-JES-KCD | ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - The magistrate judge's report and recommendation (ECF No. [8]) is adopted and incorporated by reference in this order of the court. The clerk shall TRANS
| Judge John E. Steele |
| 04/11/2024 | Reilly et al v. The School District of Lee County, Florida et al
2:24-cv-00321-CMA-LMR | ORDERED: The undersigned is RECUSED from this action. The Clerk is DIRECTED to send a copy of this Order to Chief United States District Judge Timothy Corrigan for him to consider reassigning this action to other district and magistrate judges ou
| Chief District Judge Cecilia M. Altonaga |
| 04/11/2024 | Perry v. Roos et al
2:24-cv-00313-SPC-NPM | ORDERED: The Complaint (Doc. [1]) is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and close the file. Signed by Judge Sheri Polster Chappell on 4/11/2024. (AEH)
| Judge Sheri Polster Chappell |
| 04/11/2024 | Hampton 110 LLC v. Westchester Surplus Lines Insurance Company
2:24-cv-00264-SPC-KCD | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Lee County, Florida. T
| Judge Sheri Polster Chappell |
| 04/11/2024 | Hachett v. National Specialty Insurance Company
2:24-cv-00229-SPC-KCD | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Lee County, Florida. T
| Judge Sheri Polster Chappell |
| 04/11/2024 | Saito et al v. Patel et al
2:24-cv-00065-JES-KCD | ORDER denying [39] Motion to Strike Petitioners' Opposition to Collier County's Motion to Dismiss; The Court accepts Plaintiffs' Opposition to Collier County's Motion to Dismiss (Doc. 36) as filed; denying as moot [41] Motio
| Judge John E. Steele |
| 04/11/2024 | High Point Place Condominium Association Inc. v. QBE Insurance Corporation
2:23-cv-01114-JLB-KCD | ORDER granting [20] Motion to Set Aside Clerk's Default. The Clerk is DIRECTED to set aside the clerk's default (Doc. 10); Defendant is directed to respond to the complaint by April 25, 2023. Signed by Magistrate Judge Kyle
| Judge John L. Badalamenti |
| 04/11/2024 | Davis v. Commissioner of Social Security
2:23-cv-00862-SPC-NPM | ORDERED: The Commissioner's Unopposed Motion for Entry of Judgment with Remand (Doc. [18]) is GRANTED. The decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proce
| Judge Sheri Polster Chappell |
| 04/10/2024 | Norfleet v. State of Florida
2:24-cv-00295-JES-NPM | OPINION AND ORDER dismissing case without prejudice. The Clerk shall enter judgment and close the case. Signed by Judge John E. Steele on 4/10/2024. (RKR)
| Judge John E. Steele |
| 04/09/2024 | Wright v. Naples Botanical Garden, Inc.
2:23-cv-00987-NPM | ORDER: The parties stipulate to dismissing this case with prejudice (Doc. [33]). Accordingly, this action is dismissed with prejudice, with each party to bear their own attorney's fees and costs. The clerk is directed to enter judgment, term
| Magistrate Judge Nicholas P. Mizell |
| 04/09/2024 | Herman et al v. The Mr. Cooper Group Inc.
2:23-cv-00948-JES-KCD | ORDER denying [73] Motion for Clerk's Default because Defendant has appeared and defended itself by filing a motion under Fed. R. Civ. P. 12(e). Signed by Magistrate Judge Kyle C. Dudek on 4/8/2024. (CGW) Modified on 4/9/2024 (CGW).
| Judge John E. Steele |
| 04/09/2024 | Couture et al v. Noshirvan et al
2:23-cv-00340-SPC-KCD | ORDERED: Defendant's Motion to Dismiss the Second-Amended Complaint (Doc. [84]) is GRANTED in part, and Count I is DISMISSED with prejudice. On or before April 23, 2024, Defendant must answer the remainder of the second-amended complaint. S
| Judge Sheri Polster Chappell |
| 04/09/2024 | USA v. Vera
2:23-cr-00062-SPC-NPM | JUDGMENT as to Jesus Rojas Vera, Count 1, Imprisonment: 220 months; Supervised Release: 240 months; Sex offender conditions; Restitution: TBD, Restitution Hearing set 6/24/2024 at 1:30pm (defendant waives appearance); Forfeiture to be included i
| Judge Sheri Polster Chappell |
| 04/09/2024 | Walls v. Lee Memorial Health System
2:23-cv-00150-JES-KCD | ORDER granting [27] Motion to Compel full and complete responses to the outstanding discovery requests. Within fourteen days of this order, Plaintiff must serve full and complete responses to the outstanding discovery requests noted above. Wit
| Judge John E. Steele |
| 04/05/2024 | Scott v. Lightning Wireless Solutions, Inc. et al
2:23-cv-00988-NPM | ORDER: The parties stipulate to dismissing this case with prejudice (Doc. [21]). Accordingly, this action is dismissed with prejudice. The clerk is directed to enter judgment, terminate any deadlines, and close the file. Signed by Magistrate Judge
| Magistrate Judge Nicholas P. Mizell |
| 04/04/2024 | Fine Kitchens & Baths By Peter, LLC v. Interstate Restoration, LLC
2:24-cv-00137-JES-KCD | OPINION AND ORDER denying [17] Motion to Dismiss. Signed by Judge John E. Steele on 4/4/2024. (RKR)
| Judge John E. Steele |
| 04/04/2024 | Casiano v. Walmart Stores East, LP
2:24-cv-00005-SPC-NPM | ORDERED: Plaintiff Elvira Casiano's Motion for Remand (Doc. [12]) is DENIED. Signed by Judge Sheri Polster Chappell on 4/4/2024. (AEH)
| Judge Sheri Polster Chappell |
| 04/04/2024 | USA v. Siebert
2:20-cr-00079-SPC-KCD | ORDERED: Defendant William Siebert's Request for Reduction in Sentence (Doc. [121]) is DENIED. Signed by Judge Sheri Polster Chappell on 4/4/2024. (AEH)
| Judge Sheri Polster Chappell |
| 04/03/2024 | Kailas et al v. Nissan Motor Company, LTD. et al
2:24-cv-00202-SPC-NPM | ORDERED: Plaintiffs' Supplemental Consent Motion to Remand (Doc. [21]) is GRANTED. This action is REMANDED to the Twentieth Judicial Circuit in and for Collier County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order
| Judge Sheri Polster Chappell |
| 04/03/2024 | Lopez v. Florida Department of Corrections
2:22-cv-00717-SPC-KCD | OPINION AND ORDER re: [1] Petition for Writ of Habeas Corpus. Petitioner Nelson A. Lopez's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. 1) is DENIED. The Clerk is DIRECTED to terminate
| Judge Sheri Polster Chappell |
| 04/02/2024 | K.P. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A
2:24-cv-00272-SPC-KCD | ORDER granting [5] Motion for Leave to File Under Seal Certain Documents Containing Identifying Information About the Parties; Plaintiff shall be permitted to file, and the Clerk is directed to accept, the following documents UNDER SEAL: i.Unreda
| Judge Sheri Polster Chappell |
| 04/02/2024 | Roussin v. Commissioner of Social Security
2:23-cv-01089-KCD | ORDER granting [18] Commissioner's Unopposed Motion for Entry of Judgment With Remand. The Commissioner's decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further
| Magistrate Judge Kyle C. Dudek |
| 04/02/2024 | McFalls v. NCH Healthcare System, Inc. et al
2:23-cv-00572-SPC-KCD | ORDER directing the parties to submit a second revised notice and consent form consistent with this Order by April 8, 2024. See Order for details. Signed by Magistrate Judge Kyle C. Dudek on 4/2/2024. (CGW)
| Judge Sheri Polster Chappell |
| 04/02/2024 | Novak et al v. Restoration Builders, Inc.
2:23-cv-00397-KCD | ORDER dismissing case with prejudice. The Clerk is directed to enter judgment, deny all pending motions, terminate all scheduled events, and close the case. Signed by Magistrate Judge Kyle C. Dudek on 4/2/2024. (CGW)
| Magistrate Judge Kyle C. Dudek |
| 04/02/2024 | Pruco Life Insurance Company et al v. Howen et al
2:23-cv-00054-SPC-NPM | ORDER granting in part [48] expense-of-motion award for [44] cross-claimant Twentier's motion to compel. By April 16, 2024, crossclaim-defendants Sandra and Lisa Howen must jointly tender payment of $570 to Twentier and file a notice of
| Judge Sheri Polster Chappell |
| 04/02/2024 | Kilpatrick v. Commissoner of Social Security
2:22-cv-00611-KCD | ORDER granting [19] Motion for Attorney Fees. The clerk will enter judgment for Kilpatrick for $11,647.75 in attorney's fees under 42 U.S.C. § 406(b). Signed by Magistrate Judge Kyle C. Dudek on 4/2/2024. (CGW)
| Magistrate Judge Kyle C. Dudek |
| 04/02/2024 | USA v. Bell
2:20-cr-00087-SPC-NPM | JUDGMENT as to Christopher Laveon Bell, Count 1, Imprisonment: 24-MONTHS, such term to run concurrently with Highlands County Circuit Court Cases: 20CF41 and 20CF91; Supervised Release: 3-YEARS, such term to run concurrently with term of supervi
| Judge Sheri Polster Chappell |
| 04/01/2024 | Brise v. Loving Hands Home Health Agency, Inc.
2:23-cv-01145-NPM | ORDER: The parties stipulate to dismissing this case with prejudice (Doc. [20]). Accordingly, this action is dismissed with prejudice, with each party to bear their own attorney's fees and costs. The clerk is directed to enter judgment, term
| Magistrate Judge Nicholas P. Mizell |
| 04/01/2024 | Riegel v. The School Board of Lee County, Florida
2:23-cv-01133-JES-KCD | OPINION AND ORDER granting in part and denying in part [21] Motion to Dismiss. Those portions of the Amended Complaint which assert a First Amendment claim under § 1983 founded on Plaintiff's non-renewal of employment in June 2013 and h
| Judge John E. Steele |
| 04/01/2024 | USA v. Wien
2:23-cr-00109-SPC-NPM | ORDERED: Defendant's Motion for Court Order to Permit Expert Access to Detained Defendant is GRANTED. Dr. Eric Imhof is AUTHORIZED to enter the Charlotte County Jail at 8:00 a.m. on April 23, 2024, to meet privately with Defendant. Dr. Imh
| Judge Sheri Polster Chappell |
| 04/01/2024 | Ankner et al v United States of America
2:21-cv-00330-JES-NPM | OPINION & ORDER denying Plaintiffs' and Defendant's Motions in Limine [114] [115] [116] [117]. Signed by Judge John E. Steele on 4/1/2024. (FMB) (Modified on 4/1/2024, to edit text) (BGR).
| Judge John E. Steele |
| 04/01/2024 | Pinto v. Collier County et al
2:19-cv-00551-JLB-NPM | ORDER adopting [220] Report and Recommendation and granting in part [213] Defendants' Supplemental Motion to Determine Attorneys' Fees. The Clerk of Court is DIRECTED to enter an amended judgment as set forth in the Order. See Order for
| Judge John L. Badalamenti |
| 03/29/2024 | Spears v. Department of Corrections et al
2:22-cv-00532-SPC-NPM | OPINION AND ORDER re: [1] Petition for Writ of Habeas Corpus. Petitioner Gregory Spears' Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. 1) is DENIED. The Clerk is DIRECTED to terminate any
| Judge Sheri Polster Chappell |
| 03/28/2024 | Casterioto v. Commissioner of Social Security
2:23-cv-00791-KCD | ORDER granting [19] Unopposed Petition for EAJA Fees. The Court awards Plaintiff $8,889.61 in fees and $402.00 in costs. This award will be paid directly to Plaintiff's counsel if the United States determines that no federal debt
| Magistrate Judge Kyle C. Dudek |
| 03/28/2024 | Marquardt v. Department of Corrections et al
2:22-cv-00527-SPC-NPM | OPINION AND ORDER. Petitioner Randy A. Marquardt's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus (Doc. 1) is DENIED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case
| Judge Sheri Polster Chappell |
| 03/28/2024 | Patterson v. The City of Cape Coral, Florida
2:22-cv-00331-SPC-NPM | ORDERED: Defendant City of Cape Coral's Motion for Summary Judgment (Doc. [33]) is GRANTED. The Amended Complaint is dismissed. The Clerk is DIRECTED to enter judgment for Defendant and against Plaintiff, terminate any deadlines, and clo
| Judge Sheri Polster Chappell |
| 03/28/2024 | Murray-Lee v. Commissioner of Social Security
2:22-cv-00321-JRK | ORDER granting [27] Plaintiff's Unopposed Motion for Attorney's Fees Pursuant to the Equal Access to Justice Act, 28 U.S.C. § 2412; Clerk to enter judgment for fees. Signed by Magistrate Judge James Klindt on 3/28/2024. (KAW)
| Magistrate Judge James Klindt |
| 03/28/2024 | RR Restoration LLC v. Empire Indemnity Insurance Company
2:21-cv-00866-JES-NPM | OPINION & ORDER granting in part and denying in part Defendant's [86] Motion to Dismiss. Finding no subject-matter jurisdiction, the case is remanded to the Twentieth Judicial Circuit Court, in and for Collier County, Florida, for all furth
| Judge John E. Steele |
| 03/28/2024 | EmCyte Corp. v. Apex Biologix et al
2:19-cv-00769-JES-NPM | ORDER GRANTING IN PART [296] defendants' motion for partial reconsideration. The court's September 29, 2023 order (Doc. [291]) is VACATED IN PART such that the evidentiary hearing contemplated (Doc. [279]) therein will not be held becaus
ORDER granting [325], [330] the parties' unopposed motions for leave to file under seal. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 3/28/2024. (TLP)
| Judge John E. Steele |
| 03/27/2024 | Klarner v. Commissioner of Social Security
2:23-cv-00025-NPM | ORDER AFFIRMING the decision of the Commissioner. The clerk is directed to enter judgment, terminate any pending motions and deadlines, and close the case. Signed by Magistrate Judge Nicholas P. Mizell on 3/27/2024. (JMM)
| Magistrate Judge Nicholas P. Mizell |
| 03/27/2024 | Donnellan v. Commissioner of Social Security
2:22-cv-00542-NPM | ORDER AFFIRMING the decision of the Commissioner. The clerk is directed to enter judgment, terminate any pending motions and deadlines, and close the case. Signed by Magistrate Judge Nicholas P. Mizell on 3/27/2024. (TLP)
| Magistrate Judge Nicholas P. Mizell |
| 03/26/2024 | New Jersey et al v. State of Florida et al
2:24-cv-00257-SPC-KCD | ORDER for Plaintiffs to pay the $405 filing fee or move to proceed in forma pauperis with supporting affidavits by April 25, 2024. Failing to exercise one of these options may result in a recommendation that this action be dismissed for fail
| Judge Sheri Polster Chappell |
| 03/26/2024 | Trombetti et al v. Scottsdale Insurance Company
2:24-cv-00198-SPC-KCD | ORDER granting [13] Motion to Stay Litigation and Compel Appraisal. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMISTRATIVELY CLOSE THE CASE. The parties are DIRECTED to file a joint report on the
| Judge Sheri Polster Chappell |
| 03/26/2024 | Estero Island Parasail, Inc.
2:23-cv-01090-JLB-KCD | ORDER granting [22] Unopposed Motion to Lift Limitation Stay. The limitation injunction against state court proceeding is dissolved and Bardon may proceed with her claim pending in state court.This case is STAYED pending resolution of the state
| Judge John L. Badalamenti |
| 03/26/2024 | Pimentel et al v. Strength20, LLC et al
2:23-cv-00544-JLB-KCD | ORDER granting in part and denying in part [94] Plaintiffs' unopposed motion to conditionally certify the proposed collective. Conditional certification of the following collective definition is permitted: (1) Security guards employed by De
| Judge John L. Badalamenti |
| 03/26/2024 | USA v. Syfrett
2:23-cr-00051-SPC-KCD | JUDGMENT as to Cody Ray Syfrett, Counts 1-2, Imprisonment: 130 months, as to each count, all terms to run concurrently; Supervised Release: 180 months, as to each count, all terms to run concurrently; Sex Offender conditions; Reserve on restitut
| Judge Sheri Polster Chappell |
| 03/26/2024 | Gutierrez v. Commissioner of Social Security
2:23-cv-00078-NPM | ORDER AFFIRMING the decision of the Commissioner. The clerk is directed to enter judgment, terminate any pending motions and deadlines, and close the case. Signed by Magistrate Judge Nicholas P. Mizell on 3/26/2024. (JMM)
| Magistrate Judge Nicholas P. Mizell |
| 03/26/2024 | Burnett v. Commissioner of Social Security
2:22-cv-00669-NPM | ORDER AFFIRMING the decision of the Commissioner. The clerk is directed to enter judgment, terminate any pending motions and deadlines, and close the case. Signed by Magistrate Judge Nicholas P. Mizell on 3/26/2024. (TLP)
| Magistrate Judge Nicholas P. Mizell |
| 03/26/2024 | Southwest Florida Veterinary Specialists Incorporated et al v. PetVet Care Centers (Florida), LLC
2:22-cv-00539-JLB-KCD | ORDER granting in part and denying in part [85] Sealed Motion ; granting in part and denying in part [86] Sealed Motion ; granting in part and denying in part [93] Plaintiffs' Motion to Compel Relating to Third Request for Production. See
| Judge John L. Badalamenti |
| 03/25/2024 | Norfleet v. Charlotte County Jail
2:24-cv-00182-SPC-KCD | OPINION AND ORDER. Tino Norfleet's amended complaint (Docs. 8 and 9) is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster C
| Judge Sheri Polster Chappell |
| 03/25/2024 | Lorch v. Williams et al
2:24-cv-00018-SPC-KCD | AMENDED OPINION AND ORDER. Christopher Lorch's Amended Complaint (Docs. 10 and 13) is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappe
| Judge Sheri Polster Chappell |
| 03/25/2024 | Tracy v. Commissioner of Social Security
2:23-cv-00139-NPM | ORDER AFFIRMING the decision of the Commissioner. The clerk is directed to enter judgment, terminate any pending motions and deadlines, and close the case. Signed by Magistrate Judge Nicholas P. Mizell on 3/25/2024. (TLP)
| Magistrate Judge Nicholas P. Mizell |
| 03/25/2024 | Reyes Ramos v. Secretary et al
2:22-cv-00419-SPC-NPM | OPINION AND ORDER. Jose A. Reyes Ramos's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [1] is DISMISSED. The Clerk is DIRECTED to terminate all pending motions and deadlines, enter judgment, an
| Judge Sheri Polster Chappell |
| 03/22/2024 | Ylitalo et al v. Automatic Data Processing, Inc. et al
2:24-cv-00055-SPC-NPM | ORDER granting [34], [39] defendants' motions for temporary stay of discovery pursuant to the Private Securities Litigation Reform Act of 1995. Until every defendant has filed an answer in this matter, all discovery is stayed,
| Judge Sheri Polster Chappell |
| 03/22/2024 | Lorch v. Williams et al
2:24-cv-00018-SPC-KCD | OPINION AND ORDER. Christopher Lorch's Amended Complaint (Doc. 9) is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 3/22/2024
| Judge Sheri Polster Chappell |
| 03/22/2024 | FCC Hotel Tower, LLC v. Drummond et al
2:23-cv-00702-SPC-KCD | ORDERED: Defendants' Motion to Dismiss (Doc. [39]) is GRANTED in part and DENIED in part. Counts 7, 9, and 10 of the Second Amended Complaint (Doc. [36]) are dismissed as duplicative. Signed by Judge Sheri Polster Chappell on 3/22/2024. (AE
| Judge Sheri Polster Chappell |
| 03/22/2024 | Gibson v. Commissioner of Social Security
2:23-cv-00154-NPM | ORDER AFFIRMING the decision of the Commissioner. The clerk is directed to enter judgment, terminate any pending motions and deadlines, and close the case. Signed by Magistrate Judge Nicholas P. Mizell on 3/22/2024. (JMM)
| Magistrate Judge Nicholas P. Mizell |
| 03/22/2024 | Nunan v. Commissioner of Social Security
2:22-cv-00770-NPM | ORDER AFFIRMING the decision of the Commissioner. The clerk is directed to enter judgment, terminate any pending motions and deadlines, and close the case. Signed by Magistrate Judge Nicholas P. Mizell on 3/22/2024. (JMM)
| Magistrate Judge Nicholas P. Mizell |
| 03/22/2024 | Schuerman v. Commissioner of Social Security
2:22-cv-00753-NPM | ORDER AFFIRMING the decision of the Commissioner. The clerk is directed to enter judgment, terminate any pending motions and deadlines, and close the case. Signed by Magistrate Judge Nicholas P. Mizell on 3/22/2024. (TLP)
| Magistrate Judge Nicholas P. Mizell |
| 03/21/2024 | Morales v. Department of Veterans Affairs
2:24-cv-00241-SPC-NPM | OPINION AND ORDER. This action is dismissed. The Clerk is directed to terminate any pending deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 3/21/2024. (BGS)
| Judge Sheri Polster Chappell |
| 03/21/2024 | Vogt v. Bahama Glass & Window, Inc. et al
2:23-cv-00853-NPM | ORDER: The parties stipulate to dismissing this case with prejudice (Doc. [30]). Accordingly, this action is dismissed with prejudice, with each party to bear their own attorney's fees and costs. The clerk is directed to enter judgment, term
| Magistrate Judge Nicholas P. Mizell |
| 03/21/2024 | Gomeringer et al v. The Boat House of Cape Coral, LLC
2:23-cv-00089-SPC-NPM | ORDER compelling arbitration. This entire matter is referred to arbitration and is stayed pending the outcome of arbitration. The parties must initiate the arbitration proceeding by April 11, 2014. And they must complete the arbitration and file
| Judge Sheri Polster Chappell |
| 03/20/2024 | Blue International Group, Inc. v. American Zurich Insurance Company
2:24-cv-00162-SPC-KCD | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Charlotte County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Charlotte County,
| Judge Sheri Polster Chappell |
| 03/20/2024 | Herman et al v. The Mr. Cooper Group Inc.
2:23-cv-00948-JES-KCD | ORDER granting in part and denying in part [66] Motion for More Definite Statement or, Alternatively, to Strike Second Amended Complaint Without Prejudice and Leave to Re-File. Within 14-days of this Order, Plaintiffs must file a third amended
| Judge John E. Steele |
| 03/20/2024 | Roman v. Commissioner of Social Security
2:23-cv-00827-KCD | ORDER granting [23] Motion for Entry of Judgment with Remand. The Commissioner's decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proceedings. The Clerk is D
| Magistrate Judge Kyle C. Dudek |
| 03/20/2024 | Klinkman et al v. Truist Bank
2:23-cv-00583-SPC-KCD | ORDERED: Defendant's Motion for Judgment on the Pleadings (Doc. [45]) is DENIED. Signed by Judge Sheri Polster Chappell on 3/20/2024. (AEH)
| Judge Sheri Polster Chappell |
| 03/19/2024 | Alter Business Advisors, LLC v. The Doc App, Inc. et al
2:23-cv-00715-JLB-KCD | ORDER granting [45] Plaintiff's motion to strike the supplemental brief and directing the Clerk to strike Docket Entry No. 44. Signed by Magistrate Judge Kyle C. Dudek on 3/19/2024. (CGW)
| Judge John L. Badalamenti |
| 03/19/2024 | USA v. Casseus
2:23-cr-00009-TPB-KCD | ORDER: Defendant Denis Casseus's motion for compassionate release (Doc. [62]) is denied. See Order for details. Signed by Judge Thomas P. Barber on 3/19/2024. (ANL)
| Judge Thomas P. Barber |
| 03/19/2024 | USA v. Meade
2:22-cr-00107-SPC-KCD | JUDGMENT as to Timothy Meade, Counts 1-3, 7, Imprisonment: 30 months, as to each count, all terms shall run concurrently; Supervised Release: 36 months, as to each count, all terms shall run concurrently; Restitution: $971,130.10; Special A
| Judge Sheri Polster Chappell |
| 03/19/2024 | USA v. Garduno
2:22-cr-00086-SPC-NPM | JUDGMENT as to Jonathan Garduno (1), Counts 1-3, 5, 6 and 9 are Dismissed on motion of the United States. Counts 4 and 7 - Imprisonment: 168 months, as to each count, all terms to run concurrently; Supervised Release: 60 months, as to each count
| Judge Sheri Polster Chappell |
| 03/19/2024 | Mont Claire at Pelican Marsh Condominium Association, Inc. v. Empire Indemnity Insurance Company
2:19-cv-00601-SPC-KCD | ORDER granting [158] Unopposed Motion to Approve Subsequent Civil Supersedeas Bond, Cancel Previous Bond, and Stay Execution of the Amended Judgment Pending Appeal. The Civil Supersedeas Bond (Doc. 158-1) is approved. The prior bond is cancelle
| Judge Sheri Polster Chappell |
| 03/18/2024 | Boatman v. Wellpath Recovery Solutions, LLC et al
2:23-cv-00458-SPC-KCD | ORDERED: Plaintiff Rayvon Boatman's Motion for Reconsideration (Doc. [23]) is DENIED. Signed by Judge Sheri Polster Chappell on 3/18/2024. (AEH)
| Judge Sheri Polster Chappell |
| 03/18/2024 | Sliney v. Secretary, DOC et al
2:06-cv-00670-JES-NPM | OPINION AND ORDER dismissing [42] Motion for relief from judgment pursuant to Rule 60; denying as moot [43] Motion for Hearing. Signed by Judge John E. Steele on 3/18/2024. (RKR)
| Judge John E. Steele |
| 03/15/2024 | Febles et al v. American Health Reform Solutions, LLC
2:24-cv-00047-JLB-KCD | AMENDED ORDER denying Defendant American Health Reform Solutions, LLC's Motion to Compel Arbitration (Doc. 14). The Court's original order addressing Defendant's Motion (Doc. 30) is withdrawn. See amended order for additional detail
| Judge John L. Badalamenti |
| 03/15/2024 | Driggers v. Sanofi US Services Inc. et al
2:23-cv-00970-JES-KCD | ORDER granting [28] Motion to Compel Production of Current Medical Records Authorization. Within fourteen days of this order, Driggers must #produce a current executed medical records authorization in accordance with MDL Court Pretrial Or
| Judge John E. Steele |
| 03/15/2024 | USA v. Organo
2:23-cr-00082-SPC-NPM | AMENDED JUDGMENT as to Anthony Vincent Organo, Counts 1-2, Imprisonment: 210-MONTHS as to each count, all counts to run concurrently; Supervised Release: 15-YEARS as to each count, all counts to run concurrently; Sex Offender special conditions;
| Judge Sheri Polster Chappell |
| 03/15/2024 | Couture et al v. Noshirvan et al
2:23-cv-00340-SPC-KCD | ORDER granting in part and denying in part [90] Motion to Compel responses to First Request to Produce. See Order for details. Signed by Magistrate Judge Kyle C. Dudek on 3/15/2024. (CGW)
| Judge Sheri Polster Chappell |
| 03/15/2024 | Minott v. City of Fort Myers et al
2:23-cv-00020-JLB-KCD | ORDER. Defendants' Motions to Dismiss (Docs. [19], [45]) are GRANTED. Plaintiff's First Amended Complaint is DISMISSED without prejudice. Should Plaintiff choose to file a second amended complaint, it must be filed no later than April
| Judge John L. Badalamenti |
| 03/15/2024 | Balaban v. Winters et al
2:23-cv-00012-JLB-NPM | ORDER. Defendant Winters's Motion to Dismiss (Doc. [52]) is GRANTED as to Count I and Count II, however, the Court declines to exercise supplemental jurisdiction over Plaintiff's state law claims in Count I. Counts I and II are therefore
| Judge John L. Badalamenti |
| 03/15/2024 | Roskovensky v. Sanibel Captiva Island Vacation Rentals, LLC
2:22-cv-00602-JLB-NPM | ORDER. Defendant's Motion for Summary Judgment (Doc. [36]) is GRANTED in part and DENIED in part. Plaintiff's Motion for Summary Judgment (Doc. [49]) is DENIED. See Order for details Signed by Judge John L. Badalamenti on 3/15/2024. (AM
| Judge John L. Badalamenti |
| 03/15/2024 | Keybank National Association v. Lodge Construction, Inc. et al
2:22-cv-00475-JLB-NPM | ORDER adopting in part [31] Report and Recommendation. Plaintiff's Motion for Final Default Judgment (Doc. [19]) is GRANTED in part, to the extent that a default judgment will be entered against Defendants Lodge Construction, Inc. and Cabot
| Judge John L. Badalamenti |
| 03/14/2024 | USA v. Bruey
2:21-cr-00074-TPB-KCD | ORDER: Defendant's motion for compassionate release (Docs. [163]; [167]) is denied. See Order for details. Signed by Judge Thomas P. Barber on 3/14/2024. (ANL)
| Judge Thomas P. Barber |
| 03/13/2024 | Phillips v. State of Florida et al
2:24-cv-00327-JES-KCD | REPORT AND RECOMMENDATION - In light of the foregoing, and pursuant to 28 U.S.C. § 1406(a), it is respectfully RECOMMENDED that this case be transferred to the United States District Court for the Middle District of Florida, F
| Judge John E. Steele |
| 03/13/2024 | McFalls v. NCH Healthcare System, Inc. et al
2:23-cv-00572-SPC-KCD | ORDER granting in part and denying in part [53] Motion to Certify Class. Conditional certification of the following collective definition is permitted: Individuals who (1) were employed by Defendants within the three years preceding the date no
| Judge Sheri Polster Chappell |
| 03/12/2024 | Rosser v. Growin Estate LLC
2:23-cv-01107-SPC-KCD | ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. [24]) is ACCEPTED and ADOPTED, and the findings incorporated herein. Plaintiff's claims to represent a class of similarly situated persons and obtai
| Judge Sheri Polster Chappell |
| 03/12/2024 | Deubler v. All Potential Claimants
2:23-cv-01098-JES-NPM | ORDER approving [9] plaintiff's interim security and directing notice to all persons asserting claims. The clerk is directed to issue the attached notice. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 3/12/2024. (Att
ORDER approving [9] plaintiff's interim security and directing notice to all persons asserting claims. The clerk is directed to issue the attached notice. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 3/12/2024. (Att
| Judge John E. Steele |
| 03/12/2024 | Risco v. United States of America
2:23-cv-00684-SPC-NPM | ORDERED: Risco's Motion to Vacate, Set Aside, or Correct Sentence (Doc. [1]) is DENIED. The Clerk is DIRECTED to deny all pending motions as moot, terminate any deadlines, enter judgment, and close the case. Signed by Judge Sheri Polster C
| Judge Sheri Polster Chappell |
| 03/12/2024 | Trocano v. Vivaldi et al
2:23-cv-00645-JES-KCD | OPINION AND ORDER denying [9] Motion to Change Venue / Transfer Case; denying [25] alternative request to transfer to Orlando; denying [39] Motion to Change Venue / Transfer Case; granting in part [9] Motion to Partially Dismiss; granting in pa
| Judge John E. Steele |
| 03/12/2024 | USA v. Guerra Barrera
2:23-cr-00075-SPC-NPM | JUDGMENT as to Juan Miguel Guerra Barrera, Count 1, Imprisonment: 8 months; Supervised Release: Not imposed; Collection of DNA; Special Assessment: $100.00; remand to the custody of the U.S. Marshal. Signed by Judge Sheri Polster Chappell o
| Judge Sheri Polster Chappell |
| 03/12/2024 | USA v. Boston
2:23-cr-00073-SPC-KCD | JUDGMENT as to Ny'Kerria Brandice Boston, Count 1, Probation: 36 months; Restitution: $5,541.62; Forfeiture provision in judgment; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 3/12/2024. (AEH)
| Judge Sheri Polster Chappell |
| 03/12/2024 | Carias v. Elite Conzeptz Home Services, LLC et al
2:23-cv-00446-NPM | ORDER: The parties stipulate to dismissing this case with prejudice (Doc. [28]). Accordingly, this action is dismissed with prejudice. The clerk is directed to enter judgment, terminate any deadlines, and close the file. Signed by Magistrate Judge
| Magistrate Judge Nicholas P. Mizell |
| 03/12/2024 | USA v. Ponce
2:23-cr-00064-SPC-KCD | JUDGMENT as to Christopher Jorge Ponce, Count 1, Imprisonment: 96-MONTHS, adjusted downward 14 months pursuant to sentencing guidelines 5G1.3(b), for a total term of 82-MONTHS. This term shall run concurrent to the sentence imposed in Docket Num
| Judge Sheri Polster Chappell |
| 03/12/2024 | Viola v. Charlotte's Web, Inc.
2:23-cv-00279-SPC-NPM | ORDERED: Defendant Charlotte's Web, Inc.'s Motion to Dismiss (Doc. [30]) is GRANTED in part and DENIED in part. The Second Amended Complaint (Doc. [29]) is DISMISSED without prejudice. Viola may file a third amended complaint consisten
| Judge Sheri Polster Chappell |
| 03/12/2024 | Geico Marine Insurance Company v. Amzim Marine Services, LLC
2:21-cv-00829-SPC-KCD | ORDERED: Amzim is entitled to judgment in its favor on the Complaint (Doc. [1]) and Intervenor Complaint (Doc. [23]). The Clerk is DIRECTED to enter judgment, terminate any pending deadlines, and close the case. Signed by Judge Sheri Polster C
| Judge Sheri Polster Chappell |
| 03/12/2024 | Hayer v. Commissioner of Social Security
2:21-cv-00436-NPM | ORDER granting [37] unopposed motion for attorney fee award pursuant to 42 U.S.C. § 406(b). The clerk is directed to amend the judgment to include an award to plaintiff of $17,504. Signed by Magistrate Judge Nicholas P. Mizell on 3/12/20
| Magistrate Judge Nicholas P. Mizell |
| 03/11/2024 | Raczkowski v. Commissioner of Social Security
2:23-cv-00692-NPM | ORDER granting [20] plaintiff's unopposed motion for attorney's fees under the EAJA. The clerk is directed to amend the judgment to include an award to plaintiff of $10,274.04 for attorney's fees. See order for details. Signed
| Magistrate Judge Nicholas P. Mizell |
| 03/11/2024 | Silk Way West Airlines, LLC v. Intrepid Aerospace, Inc
2:23-cv-00082-JES-NPM | OPINION & ORDER granting Plaintiff's [29] Motion for Summary Judgment.The Clerk shall enter judgment in favor of Plaintiff and against Defendant in the amount of two-hundred-eighty-five thousand dollars and zero cents ($285,000.00) and
| Judge John E. Steele |
| 03/11/2024 | Thompson v. Commissioner of Social Security
2:22-cv-00662-NPM | ORDER granting in part [19] plaintiff's motion for attorney's fees under the EAJA. The clerk is directed to amend the judgment to include an award to Thompson of $6,633.94 for attorney's fees. See order for details. Signed by M
| Magistrate Judge Nicholas P. Mizell |
| 03/11/2024 | Weist v. Commissioner of Social Security
2:21-cv-00768-NPM | ORDER granting [33] unopposed motion for attorney fee award pursuant to 42 U.S.C. § 406(b). The clerk is directed to amend the judgment to include an award to plaintiff of $57,824.43. Signed by Magistrate Judge Nicholas P. Mizell on 3/11
| Magistrate Judge Nicholas P. Mizell |
| 03/11/2024 | Pecora v. Commissioner of Social Security
2:21-cv-00050-NPM | ORDER granting in part [33] plaintiff's motion for attorney's fees under the EAJA. The clerk is directed to amend the judgment to include an award to Pecora of $15,512.60 for attorney's fees. See order for details. Signed by Ma
| Magistrate Judge Nicholas P. Mizell |
| 03/08/2024 | Strike 3 Holdings, LLC v. Doe
2:24-cv-00160-SPC-KCD | ORDER granting in part and denying in part [9] Strike 3's Motion for Leave to File Third Party Subpoena. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 3/8/2024. (CGW)
| Judge Sheri Polster Chappell |
| 03/08/2024 | Strike 3 Holdings, LLC v. Doe
2:24-cv-00159-JLB-KCD | ORDER granting in part and denying in part [7] Strike 3's Motion for Leave to File Third-Party Subpoena. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 3/8/2024. (CGW)
| Judge John L. Badalamenti |
| 03/08/2024 | In Re: Thomas Grant Neusom
2:24-mc-00002-JES | OPINION AND ORDER overruling objections; accepting, adopting, and incorporating [3] Report and Recommendation. After a de novo review, Mr. Neusom is suspended from the Bar of the United States District Court for the Middle District of Florida fo
| Judge John E. Steele |
| 03/08/2024 | Martinez v. Snider
2:23-cv-01193-JES-NPM | OPINION AND ORDER dismissing [1] Petition for Writ of Habeas Corpus. A certificate of appealability is denied. The Clerk shall enter judgment and close the case. Signed by Judge John E. Steele on 3/8/2024. (RKR)
| Judge John E. Steele |
| 03/08/2024 | Knouse et al v. Sam's East, Inc. et al
2:23-cv-01054-SPC-NPM | ORDERED: Defendant Gloster's Motion to Dismiss Counts II and IV (Doc. [23]) is GRANTED in part and DENIED in part. Plaintiffs Carolyn and Bob Knouses' Motion to Remand (Doc. [16]) is DENIED as moot. Plaintiffs are DIRECTED to file a se
| Judge Sheri Polster Chappell |
| 03/08/2024 | Puig v. Sazerac Company, Inc.
2:23-cv-00856-JES-NPM | OPINION & ORDER denying as moot Defendant's [15] Motion to Dismiss or, in the Alternative, to Stay. Plaintiff may file an Amended Complaint within FOURTEEN (14) DAYS of this Opinion and Order. Signed by Judge John E. Steele on 3/8/2024. (F
| Judge John E. Steele |
| 03/08/2024 | Apuzzo et al v. Volhr Corporation et al
2:21-cv-00552-JLB-NPM | SETTLEMENT CONFERENCE ORDER. See Order for details. Signed by Magistrate Judge Kyle C. Dudek on 3/7/24. (CGW)
| Judge John L. Badalamenti |
| 03/08/2024 | Mont Claire at Pelican Marsh Condominium Association, Inc. v. Empire Indemnity Insurance Company
2:19-cv-00601-SPC-KCD | ORDER denying without prejudice [155] Empire's Motion to Approve Civil Supersedeas Bond and Stay Execution of the Amended Judgment Pending Appeal. To secure a stay with the current bond, Empire must (1) include language that secures Mont C
| Judge Sheri Polster Chappell |
| 03/07/2024 | Phillips v. Hendry County Jail et al
2:24-cv-00203-SPC-NPM | OPINION AND ORDER. This action is DISMISSED without prejudice. The Clerk is DIRECTED to enter judgment, terminate any pending deadlines, and close this case. Signed by Judge Sheri Polster Chappell on 3/7/2024. (BGS)
| Judge Sheri Polster Chappell |
| 03/07/2024 | Norfleet v. Charlotte County Jail
2:24-cv-00182-SPC-KCD | OPINION AND ORDER re: [1] Complaint. Plaintiff Tino Norfleet's Complaint (Doc. 1) is DISMISSED without prejudice. Norfleet may file an amended complaint by March 21, 2024. Otherwise, the Court will enter judgment and close this case. Sig
OPINION AND ORDER re: [1] Complaint. Plaintiff Tino Norfleet's Complaint (Doc. 1) is DISMISSED without prejudice. Norfleet may file an amended complaint by March 21, 2024. Otherwise, the Court will enter judgment and close this case. Sig
| Judge Sheri Polster Chappell |
| 03/07/2024 | Terrell v. Paulette et al
2:23-cv-00552-SPC-NPM | OPINION AND ORDER re: [1] Complaint. Plaintiff Chantea Tamika Terrell's Complaint (Doc. 1) is DISMISSED without prejudice. Terrell may file an amended complaint by April 8, 2024. Otherwise, the Court will enter judgment and close this cas
OPINION AND ORDER re: [1] Complaint. Plaintiff Chantea Tamika Terrell's Complaint (Doc. 1) is DISMISSED without prejudice. Terrell may file an amended complaint by April 8, 2024. Otherwise, the Court will enter judgment and close this cas
| Judge Sheri Polster Chappell |
| 03/07/2024 | Viola v. Charlotte's Web, Inc.
2:23-cv-00279-SPC-NPM | ORDER denying [33] defendant's motion to stay discovery. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 3/7/2024. (TLP)
| Judge Sheri Polster Chappell |
| 03/07/2024 | Kazak and Kazak Real Estate v. Truist
2:23-cv-00040-SPC-KCD | ORDER denying [57] Amended Motion to Strike Defendant's Affirmative Defenses. Signed by Magistrate Judge Kyle C. Dudek on 3/7/2024. (CGW)
| Judge Sheri Polster Chappell |
| 03/06/2024 | Samek v. Marceno et al
2:24-cv-00019-SPC-NPM | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice as a shotgun pleading. Plaintiff may file an amended complaint consistent with this Order on or before March 19, 2024. Failure to do so will result in the closure of this case witho
| Judge Sheri Polster Chappell |
| 03/06/2024 | USA v. Hunter
2:23-cr-00147-SPC-KCD | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [36]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/6/2024. (AEH)
| Judge Sheri Polster Chappell |
| 03/06/2024 | USA v. Foster
2:23-cr-00133-SPC-KCD | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [39]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/6/2024. (AEH)
| Judge Sheri Polster Chappell |
| 03/06/2024 | USA v. Irons
2:23-cr-00136-SPC-NPM | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [34]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/6/2024. (AEH)
| Judge Sheri Polster Chappell |
| 03/06/2024 | USA v. Wien
2:23-cr-00109-SPC-NPM | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [48]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/6/2024. (AEH)
| Judge Sheri Polster Chappell |
| 03/06/2024 | USA v. Flournoy
2:23-cr-00110-SPC-NPM | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [36]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/6/2024. (AEH)
| Judge Sheri Polster Chappell |
| 03/06/2024 | KOVA Commercial of Naples, LLC v. Sabin
2:23-cv-00614-JES-KCD | OPINION & ORDER denying Defendant's [67] Motion to Strike and granting in part and denying in part Defendant's [50] Motion to Dismiss. Count I is STAYED. Parties must submit periodic status reports as detailed in Order. Plaintiff may fi
| Judge John E. Steele |
| 03/06/2024 | Hall et al v. Carner et al
2:23-cv-00595-SPC-NPM | OPINION AND ORDER re: [27] MOTION to Dismiss for Failure to State a Claim re [16] Second Amended Complaint, [39] MOTION to Dismiss Second Amended Complaint. Defendant Jon Carner's Motion to Dismiss Plaintiffs' Second Amen
| Judge Sheri Polster Chappell |
| 03/06/2024 | Sweetwater Lifestyle, LLC v Fredericks
2:22-cv-00584-JLB-KCD | ORDER granting [39] Claimant['s] Amended Motion to Stay Limitation Action and Stay Injunction of State Court Action. Claimant's stipulations (Doc. [39] at 6-7) are approved. Claimant is DIRECTED to file the approved stipulations signed a
| Judge John L. Badalamenti |
| 03/05/2024 | Febles et al v. American Health Reform Solutions, LLC
2:24-cv-00047-JLB-KCD | ***WITHDRAWN PURSUANT TO [37] ORDER*** ORDER denying [14] Motion to Compel Arbitration. The Clerk is directed to lift the administrative closure and stay. Defendant's response to the complaint is due by March 20, 2024. Signed by Magistr
| Judge John L. Badalamenti |
| 03/05/2024 | Arriola v. National Specialty Insurance Company
2:23-cv-00473-JLB-NPM | ORDER granting [27] defendant's amended motion for entry upon land. The original form of the motion [23] is denied as moot. If they have yet to do so, the parties must immediately conduct and complete the agreed-upon inspection. By March 19,
| Judge John L. Badalamenti |
| 03/05/2024 | Rosario v. Commissioner of Social Security
2:23-cv-00119-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [17]) is ACCEPTED and ADOPTED, and the findings incorporated herein. The Clerk is DIRECTED to enter judgment, deny any pending motions as moot, term
| Judge Sheri Polster Chappell |
| 03/05/2024 | Doe v. Vazquez
2:22-cv-00200-JLB-KCD | ORDER granting [77] Motion for Writ of Garnishment; granting [78] Motion for Writ of Garnishment. The Clerk is directed to issue the proposed writs (Doc. 77-3, 78-3). Signed by Magistrate Judge Kyle C. Dudek on 3/5/2024. (CGW)
| Judge John L. Badalamenti |
| 03/04/2024 | United States v. Fitzgerald et al
2:23-cv-01130-SPC-KCD | CONSENT DECREE OF PERMANENT INJUNCTION: (Doc. [15]) . See Order for details. Signed by Judge Sheri Polster Chappell on 3/4/2024. (AEH)
CONSENT DECREE OF PERMANENT INJUNCTION: re (Doc. [16]). See Order for details. Signed by Judge Sheri Polster Chappell on 3/4/2024. (AEH)
| Judge Sheri Polster Chappell |
| 03/04/2024 | Moretto v. Wilson et al
2:23-cv-00880-JES-KCD | ORDER REOPENING CASE AND DIRECTING PLAINTIFF TO FILE A SECOND AMENDED COMPLAINT granting [14] Motion for Reconsideration filed by Stephen Andrew Moretto. The Clerk shall vacate [11] order of dismissal and reopen the case. Plaintiff may file
| Judge John E. Steele |
| 03/04/2024 | Bautista v. Commissioner of Social Security
2:23-cv-00857-KCD | ORDER granting [15] Unopposed Motion for Entry of Judgment with Remand to Social Security Administration. The Commissioner's decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405
| Magistrate Judge Kyle C. Dudek |
| 03/04/2024 | The Northwestern Mutual Life Insurance Company v. Cross et al
2:23-cv-00851-JES-KCD | OPINION AND ORDER denying [14] Motion to Dismiss; denying [17] Motion to Dismiss as to Mary Rhude Cross and denying as moot as to Sarah Jo Cross. The Clerk shall terminate defendant Sarah Jo Cross individually and as personal representative as
| Judge John E. Steele |
| 03/04/2024 | United States of America et al v. Lee Memorial Health System
2:14-cv-00437-JLB-NPM | ORDER granting [250] plaintiff's motion for leave to file reply brief under seal. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 3/4/2024. (JMM)
| Judge John L. Badalamenti |
| 03/01/2024 | USA v. Francisco
2:24-cr-00034-TPB-KCD | OPINION AND ORDER denying [17] Motion to Revoke Pre-Trial Release Order as to Pascual Francisco Jr. (1). Signed by Judge John E. Steele on 3/1/2024. (RKR)
| Judge Thomas P. Barber |
| 03/01/2024 | USA v. Francisco
2:24-mj-01015-JES-NPM | OPINION AND ORDER denying [17] Motion to Revoke Pre-Trial Release Order as to Pascual Francisco Jr. (1). Signed by Judge John E. Steele on 3/1/2024. (RKR)
| Judge John E. Steele |
| 03/01/2024 | Ramos Perez et al v. New Forces Construction LLC et al
2:23-cv-00161-KCD | ORDER granting [34] Motion to Enforce Settlement Agreement and for Attorneys' Fees and Costs. Defendants must make payment to Plaintiffs consistent with the terms of the written settlement agreement (Doc. 34-1); Plaintiffs' request fo
| Magistrate Judge Kyle C. Dudek |
| 03/01/2024 | Ange's Auto Repair Service, Inc. v. Century Surety Company
2:21-cv-00655-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [62]) is ACCEPTED and ADOPTED and the findings incorporated herein. Defendant's Supplemental Motion for Attorney's Fees and Fee Expert Cost
| Judge Sheri Polster Chappell |
| 02/29/2024 | USA v. Graves
2:23-cr-00144-SPC-KCD | ORDERED: The United States' Motion for Order of Forfeiture and Preliminary Order of Forfeiture for Direct Assets (Doc. [26]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
| 02/29/2024 | Anoushfar v. Lexington Insurance Company
2:23-cv-01003-SPC-NPM | ORDERED: Plaintiff Shahriar Anoushfar's Motion to Remand (Doc. [8]) is DENIED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
| 02/29/2024 | USA v. Diggs
2:23-cr-00106-SPC-KCD | ORDERED: The United States' Motion for Final Order of Forfeiture (Doc. [31]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
| 02/29/2024 | USA v. Ivey
2:23-cr-00090-SPC-KCD | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [39]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
| 02/29/2024 | Farraro v. Interlock Security Group, Inc. et al
2:23-cv-00650-NPM | ORDER: Plaintiff filed a notice of acceptance of defendants' Rule 68 offer of judgment. (Doc. [31]). Accordingly, the clerk is directed to enter judgment in plaintiff's favor and against defendant Interlock Security Group, Inc. in accord
| Magistrate Judge Nicholas P. Mizell |
| 02/29/2024 | USA v. Vera
2:23-cr-00062-SPC-NPM | ORDERED: The United States' Motion for Final Order of Forfeiture (Doc. [54]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
| 02/29/2024 | USA v. Fuentes
2:23-cr-00049-SPC-NPM | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [74]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
| 02/29/2024 | Reid v. Amazing Air + Heat, Inc.
2:23-cv-00198-NPM | DISREGARD, ENTERED IN ERROR. (JMM) Modified on 2/29/2024 (JMM).
| Magistrate Judge Nicholas P. Mizell |
| 02/29/2024 | USA v. Brillhart
2:22-cr-00053-SPC-NPM | ORDERED: Defendant Richard Brillhart's Rule 29(c) Motion for Judgment of Acquittal (Doc. [178]) is DENIED. Defendant Richard Brillhart's Rule 33 Motion for a New Trial (Doc. [179]) is DENIED. Signed by Judge Sheri Polster Chappell on 2
| Judge Sheri Polster Chappell |
| 02/29/2024 | Ankner et al v United States of America
2:21-cv-00330-JES-NPM | OPINION AND ORDER denying [82] Motion to Exclude Expert Testimony. Signed by Judge John E. Steele on 2/29/2024. (RKR)
OPINION AND ORDER denying [83] Motion for Partial Summary Judgment; denying [84] Motion for Summary Judgment. Signed by Judge John E. Steele on 2/29/2024. (RKR)
| Judge John E. Steele |
| 02/28/2024 | USA v. Pete
2:24-cr-00010-TPB-KCD | ORDER granting [29] Motion for Clarification re [29] Unopposed MOTION for Clarification Detention Order filed by USA as to Quinton Pete (1). The Court now clarifies its prior detention order (Doc. 15) to make clear that Defendan
| Judge Thomas P. Barber |
| 02/28/2024 | Gomeringer et al v. The Boat House of Cape Coral, LLC
2:23-cv-00089-SPC-NPM | ORDER granting in part [23] Carolina Skiff LLC's motion to dismiss for improper venue, or alternatively, motion to compel arbitration or motion to dismiss for failure to state a claim. Pursuant to the FAA, 9 U.S.C. §§ 3 & 4, this a
| Judge Sheri Polster Chappell |
| 02/28/2024 | Graziano v. Eagle Creek of Naples Condominium Assoc., Inc. et al
2:22-cv-00034-SPC-KCD | ORDER denying [159] Motion to Reconsider re [158] Order on Motion for Extension of Time to Complete Discovery filed by Jeffrey S. Schelling, P.A. EXCEPT AS FOLLOWS: the dispositive motion deadline is reset to April 1, 2024; all othe
| Judge Sheri Polster Chappell |
| 02/28/2024 | Vest v. Knauf Gips KG et al
2:21-cv-00896-JES-DAB | OPINION AND ORDER granting in part and denying in part [63] Omnibus Motion in Limine to exclude certain evidence. Signed by Judge John E. Steele on 2/28/2024. (RKR)
OPINION AND ORDER granting [64] Motion in Limine to exclude or limit expert testimony as to Howard Ehrsam and as to Shawn Macomber to the extent that Mr. Macomber may not express opinions on any component of damages other than #other proper
| Judge John E. Steele |
| 02/28/2024 | MCF Enterprises, Inc. v. Knauf Gips KG et al
2:21-cv-00891-JES-DAB | OPINION AND ORDER granting in part and denying in part [68] Omnibus Motion in Limine to Exclude Certain Evidence. Signed by Judge John E. Steele on 2/28/2024. (RKR)
OPINION AND ORDER granting [69] Motion in Limine to exclude or limit expert testimony as to Howard Ehrsam and as to Shawn Macomber to the extent that Mr. Macomber may not express opinions on any component of damages other than #other propert
| Judge John E. Steele |
| 02/28/2024 | Judge v. Knauf Gips KG et al
2:21-cv-00889-JES-DAB | OPINION AND ORDER granting [77] Motion in Limine to exclude or limit expert testimony as to Howard Ehrsam and as to Shawn Macomber to the extent that Mr. Macomber may not express opinions on any component of damages other than #other proper
OPINION AND ORDER granting in part and denying in part [78] Motion for Summary Judgment. The parties shall file a stipulation of dismissal pursuant to Fed. R. Civ. P. 41(a)(1)(A)(ii) as to the counts other than negligence and strict liability.
| Judge John E. Steele |
| 02/28/2024 | CDO Investments, LLC v. Knauf Gips KG et al
2:21-cv-00888-JES-DAB | OPINION AND ORDER granting [68] Motion in Limine to exclude or limit expert testimony to the extent that Mr. Macomber may not express opinions on any component of damages other than #other property#. Signed by Judge John E. Steele on 2
OPINION AND ORDER granting in part and denying in part [69] Omnibus Motion in Limine to exclude certain evidence. Signed by Judge John E. Steele on 2/28/2024. (RKR)
| Judge John E. Steele |
| 02/27/2024 | Lemcke v. Scottsdale Insurance Company
2:24-cv-00046-JLB-KCD | ORDER granting [16] Motion to Compel Appraisal; granting [16] Motion to Stay. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMISTRATIVELY CLOSE THE CASE. The parties are DIRECTED to file a joint r
| Judge John L. Badalamenti |
| 02/26/2024 | Strike 3 Holdings, LLC v. Doe
2:24-cv-00092-JLB-NPM | ORDER granting [7] Strike 3 Holdings, LLC's motion for leave to serve a third-party subpoena. See order for further details. Signed by Magistrate Judge Nicholas P. Mizell on 2/26/2024. (JMM)
| Judge John L. Badalamenti |
| 02/26/2024 | Rosser v. Growin Estate LLC
2:23-cv-01107-SPC-KCD | REPORT AND RECOMMENDATION re [21] MOTION for Default Judgment against Growin Estate LLC filed by Dianna Rosser. Accordingly, the Court RECOMMENDS that: 1.Rosser's Motion for Default Judgment be GRANTED as to Growin's liabil
| Judge Sheri Polster Chappell |
| 02/26/2024 | USA v. Bien Aime
2:23-cr-00134-TPB-NPM | ORDER: #Defendant's Motion to Dismiss and/or Strike and Incorporated Memorandum of Law# (Doc. [53]) is hereby denied. See Order for details. Signed by Judge Thomas P. Barber on 2/26/2024. (ANL)
| Judge Thomas P. Barber |
| 02/26/2024 | Davis v. Evanston Insurance Company et al
2:22-cv-00640-JLB-KCD | ORDER. Evanston Insurance Company's Objections to the Magistrate Judge's Order Dated December 5, 2022 (Doc. [31]) are OVERRULED. Plaintiff's Amended Motion for Remand to State Court and for Sanctions (Doc. [12]) is GRANTED in part a
| Judge John L. Badalamenti |
| 02/26/2024 | Warrington v. Patel et al
2:22-cv-00077-JES-KCD | ORDER re [194] MOTION to Compel Responses to the Company's First Set of Requests for Production and First Set of Interrogatories filed by Rocky Patel Premium Cigars, Inc. Defendant Rocky Patel Premium Cigars, Inc.'s moti
| Judge John E. Steele |
| 02/23/2024 | Campbell v. State of Florida
2:24-cv-00153-JES-KCD | OPINION AND ORDER dismissing [1] Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241. The Clerk shall enter judgment and close this case. Signed by Judge John E. Steele on 2/23/2024. (RKR)
| Judge John E. Steele |
| 02/23/2024 | Fletcher v. Fox et al
2:24-cv-00136-SPC-KCD | OPINION AND ORDER. Plaintiff James William Fletcher's Complaint for Violations of Civil Rights [1] is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sh
| Judge Sheri Polster Chappell |
| 02/23/2024 | Minsky et al v. Wright National Flood Insurance Company et al
2:23-cv-00740-SPC-NPM | ORDER denying [22] Defendant Florida Peninsula Insurance Company's Motion to Dismiss for Lack of Subject Matter Jurisdiction. Signed by Judge Sheri Polster Chappell on 2/23/2024. (LF)
| Judge Sheri Polster Chappell |
| 02/23/2024 | Rockis et al v. Schneider et al
2:21-cv-00357-JLB-NPM | ORDER granting in part [127] plaintiffs' motion to compel. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/23/2024. (TLP)
| Judge John L. Badalamenti |
| 02/22/2024 | Lorch v. Williams et al
2:24-cv-00018-SPC-KCD | OPINION AND ORDER re: [1] Complaint. Christopher Lorch's Complaint (Doc. 1) is DISMISSED without prejudice. Lorch may file an amended complaint by March 14, 2024. Otherwise, the Court will enter judgment and close this case without further
OPINION AND ORDER re: [1] Complaint. Christopher Lorch's Complaint (Doc. 1) is DISMISSED without prejudice. Lorch may file an amended complaint by March 14, 2024. Otherwise, the Court will enter judgment and close this case without further
| Judge Sheri Polster Chappell |
| 02/22/2024 | USA v. Robeledo-Mejia
2:23-cr-00114-SPC-NPM | JUDGMENT as to Carlos Roberto Robledo-Mejia, Count 1, Imprisonment: time served; Supervised Release: No term imposed; Special Assessments: $100.00; Remand to the custody of the United States Marshal for processing to the Bureau of Immigrati
| Judge Sheri Polster Chappell |
| 02/22/2024 | USA v. Fuentes
2:23-cr-00049-SPC-NPM | ORDERED: Defendant Luis Fuentes' Unopposed Motion Requesting an Order Clarifying that Defendant Shall Not Be Released Prior to Sentencing (Doc. [72]) is GRANTED. Defendant must remain in the custody of the United States Marshal pending s
| Judge Sheri Polster Chappell |
| 02/22/2024 | USA v. Vazquez
2:21-cr-00066-SPC-NPM | ORDER FINDING DEFENDANT INCOMPETENT as to Jesus Alexis Vazquez. See Order for details. Signed by Magistrate Judge Kyle C. Dudek on 2/22/2024. (CGW)
| Judge Sheri Polster Chappell |
| 02/21/2024 | Cronin et al v. Clear Blue Specialty Insurance Company
2:24-cv-00031-JLB-KCD | ORDER granting [13] Motion for Appraisal and to Abate All Proceedings Pending Completion of Appraisal. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMISTRATIVELY CLOSE THE CASE. The parties are DIRE
| Judge John L. Badalamenti |
| 02/21/2024 | Wright v. CrossCountry Mortgage, LLC et al
2:23-cv-00383-JLB-KCD | REPORT AND RECOMMENDATION to grant [79] Motion for Default Judgment as to CrossCountry's liability under the Florida Consumer Collection Practices Act; Wright be awarded $1,000 in statutory liquidated damages; Wright's request for
| Judge John L. Badalamenti |
| 02/21/2024 | Woodward v. Commissioner of Social Security
2:22-cv-00639-JRK | OPINION AND ORDER reversing and remanding the Commissioner's final decision; Clerk to enter judgment and close the file. Signed by Magistrate Judge James Klindt on 2/21/2024. (KAW)
| Magistrate Judge James Klindt |
| 02/21/2024 | Keybank National Association v. Lodge Construction, Inc. et al
2:22-cv-00475-JLB-NPM | REPORT AND RECOMMENDATION recommending plaintiff's motion for default judgment (Doc. [19]) be granted in part. See report for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/21/2024. (TLP) Modified on 2/22/2024 (TLP)
| Judge John L. Badalamenti |
| 02/20/2024 | Koletas v. United States of America
2:23-cv-00733-SPC-KCD | ORDERED: Defendant's Motion to Dismiss (Doc. [13]) is GRANTED and this action is DISMISSED with prejudice for the reasons stated in this Order. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close th
| Judge Sheri Polster Chappell |
| 02/20/2024 | USA v. Fuentes
2:23-cr-00049-SPC-NPM | AMENDED REPORT AND RECOMMENDATION Concerning Plea of Guilty re: count(s) One, Two, Three and Four of the Indictment as to Luis Daniel Fuentes. Signed by Magistrate Judge Nicholas P. Mizell on 2/20/2024. (WRW)
AMENDED ACCEPTANCE OF PLEA of guilty and adjudication of guilt re: counts One, Two, Three and Four of the Indictment as to Luis Daniel Fuentes. Signed by Judge Sheri Polster Chappell on 2/20/2024. (Sentencing is set for 5/28/2024 at 1:30PM in Ft.
| Judge Sheri Polster Chappell |
| 02/20/2024 | Kazak and Kazak Real Estate v. Truist
2:23-cv-00040-SPC-KCD | CONFIDENTIALITY ORDER re [59] Order on Motion for Protective Order. Signed by Magistrate Judge Kyle C. Dudek on 2/16/2024. (CGW)
| Judge Sheri Polster Chappell |
| 02/16/2024 | Hall v. Masters et al
2:23-cv-00105-SPC-KCD | OPINION AND ORDER re: [37] MOTION to Vacate [24] Clerk's Entry of Default and Response to Plaintiff's Amended Motion for Default Judgment [DE 26 and 27]. Defendants' Motion to Vacate Clerk's Default (Doc. 37) is
| Judge Sheri Polster Chappell |
| 02/16/2024 | Judge v. Knauf Gips KG et al
2:21-cv-00889-JES-DAB | ORDER re: settlement conference on 2/22/2024. See order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2/16/2024. (CGW)
| Judge John E. Steele |
| 02/15/2024 | Port Charlotte Lodge #2507 Order of the Sons of Italy in America, Inc. v. Westchester Surplus Lines Insurance Company
2:24-cv-00040-SPC-NPM | ORDERED: Plaintiff's motion to remand (Doc. [8]) is GRANTED. Defendant's motion to dismiss (Doc. [9]) is DENIED WITHOUT PREJUDICE to renew in state court. The Clerk of Court is directed to REMAND this case to the Circuit Court of the Twe
| Judge Sheri Polster Chappell |
| 02/15/2024 | Hoover v. Miller et al
2:23-cv-01124-SPC-NPM | OPINION AND ORDER re: [1] Complaint. Plaintiff James Hoover's Complaint (Doc. 1) is DISMISSED without prejudice. Hoover may file an amended complaint by March 7, 2023. Otherwise, the Court will dismiss this case without further notice.
OPINION AND ORDER re: [1] Complaint. Plaintiff James Hoover's Complaint (Doc. 1) is DISMISSED without prejudice. Hoover may file an amended complaint by March 7, 2023. Otherwise, the Court will dismiss this case without further notice.
| Judge Sheri Polster Chappell |
| 02/15/2024 | Mack v. Lee Memorial Health System
2:23-cv-00188-JLB-NPM | ORDER. Defendant's Motion to Dismiss (Doc. [24]) is granted in part, to the extent that the unjust enrichment count (Count IV) is dismissed, and is otherwise denied in part without prejudice. The Court will consider Lee Health's sovere
| Judge John L. Badalamenti |
| 02/14/2024 | Hyde et al v. Progressive American Insurance Company
2:23-cv-01187-SPC-NPM | ORDERED: Plaintiffs Nancy and Kevin Hyde's Amended Motion to Remand (Doc. [13]) is DENIED. Signed by Judge Sheri Polster Chappell on 2/14/2024. (AEH)
| Judge Sheri Polster Chappell |
| 02/14/2024 | Dubrasky v. Upper Captiva Fire Protection & Rescue Service District
2:23-cv-00640-KCD | ORDER dismissing case with prejudice. The Clerk is directed to enter judgment, deny all pending motions, terminate all scheduled events, and close the case. Signed by Magistrate Judge Kyle C. Dudek on 2/14/2024. (CGW)
| Magistrate Judge Kyle C. Dudek |
| 02/14/2024 | Pimentel et al v. Strength20, LLC et al
2:23-cv-00544-JLB-KCD | ORDER denying as moot [75] Motion for Clerk's Default Against Defendant Global Strategies Consultant Group, Corp. Defendant Global Strategies Consultant Group, Corp. must retain counsel and have counsel respond to the second amended compla
| Judge John L. Badalamenti |
| 02/13/2024 | Moretto v. Florida Department of Corrections et al
2:23-cv-01033-SPC-NPM | OPINION AND ORDER re: [10] MOTION to Reopen Case. The Court DENIES Moretto's request to reopen this case (Doc. 10). Moretto's voluntarily dismissal was without prejudice, so he may, of course, commence a new action. Signed by Judge S
| Judge Sheri Polster Chappell |
| 02/13/2024 | Hanson v. Same Day Funding Inc.
2:23-cv-00910-SPC-KCD | ORDERED: Defendant's Motion to Dismiss or Motion for Summary Judgment in the Alternative (Doc. [21]) is DENIED without prejudice. On or before February 20, 2024, Defendant must respond to the complaint. Signed by Judge Sheri Polster Chappel
| Judge Sheri Polster Chappell |
| 02/13/2024 | Arocho v. Fitness International, LLC
2:23-cv-00615-NPM | ORDER: The parties stipulate to dismissing this case with prejudice (Doc. [34]). Accordingly, this action is dismissed with prejudice. The clerk is directed to enter judgment, terminate any deadlines, and close the file. Signed by Magistrate Judg
| Magistrate Judge Nicholas P. Mizell |
| 02/13/2024 | Rosario v. Commissioner of Social Security
2:23-cv-00119-SPC-NPM | REPORT AND RECOMMENDATIONS recommending the decision of the Commissioner be AFFIRMED and the clerk of court be directed to enter judgment in defendant's favor. See report for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/13/202
| Judge Sheri Polster Chappell |
| 02/13/2024 | Young v. Johnson & Johnson Services Inc et al
2:23-cv-00037-JLB-NPM | ORDER granting in part [88] Motion to Dismiss. See Order for details. Signed by Judge John L. Badalamenti on 2/13/2024. (MAG)
| Judge John L. Badalamenti |
| 02/13/2024 | USA v. Ramirez-Ramirez
2:22-cr-00115-SPC-NPM | JUDGMENT as to Salomon Ramirez-Ramirez, Count 1, Imprisonment: 15 months, such term to run consecutive to the term imposed in Collier County Docket No.: 22-CF-1336; Supervised Release: No term of supervision is imposed; Special Assessment: $
| Judge Sheri Polster Chappell |
| 02/13/2024 | Ange's Auto Repair Service, Inc. v. Century Surety Company
2:21-cv-00655-SPC-NPM | REPORT AND RECOMMENDATIONS recommending defendant's [60] supplemental motion for attorney's fees and fee expert costs be granted in part. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/13/2024. (TLP)
| Judge Sheri Polster Chappell |
| 02/13/2024 | Ramirez v. The City of Fort Myers, Florida
2:21-cv-00651-NPM | ORDER: The parties stipulate to dismissing this case with prejudice (Doc. [72]). Accordingly, this action is dismissed with prejudice, with each party to bear their own attorney's fees and costs. The clerk is directed to enter judgment, term
| Magistrate Judge Nicholas P. Mizell |
| 02/12/2024 | Mercola v. The New York Times Company
2:23-cv-00545-SPC-KCD | ORDERED: Defendant's Motion to Dismiss (Doc. [28]) is GRANTED and this action is DISMISSED with prejudice for the reasons stated in this Order. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close th
| Judge Sheri Polster Chappell |
| 02/09/2024 | Joseph v. Centurion Health
2:24-cv-00042-SPC-NPM | OPINION AND ORDER. This action is DISMISSED without prejudice under 28 U.S.C. § 1915(g). The Clerk is DIRECTED to enter judgment, terminate any pending motions and deadlines, and close this file. Signed by Judge Sheri Polster Chappell on
| Judge Sheri Polster Chappell |
| 02/09/2024 | Duke et al v. Westchester Surplus Lines Insurance Company
2:23-cv-00964-SPC-NPM | ORDERED: Defendant's Motion to Dismiss the Complaint (Doc. [13]) is DENIED. Signed by Judge Sheri Polster Chappell on 2/8/2024. (AEH)
| Judge Sheri Polster Chappell |
| 02/09/2024 | Sussman v. Harris et al
2:23-cv-00461-SPC-KCD | OPINION AND ORDER re: [30] Amended Complaint. Plaintiff David Charles Sussman's Second Amended Complaint (Doc. 30) is DISMISSED without prejudice. The Court is DIRECTED to terminate pending motions and deadlines, enter judgment, and clos
| Judge Sheri Polster Chappell |
| 02/09/2024 | Pointe Estero Condominium Association, Inc, v. Landmark American Insurance Company
2:22-cv-00679-JLB-KCD | ORDER denying [66] Opposed Motion for Relief From, and Reconsideration of, this Court's Order Granting Plaintiff's Motion for Leave to Amend the Complaint filed by Landmark American Insurance Company. Signed by Magistrate Jud
| Judge John L. Badalamenti |
| 02/09/2024 | United States of America v. Gaynor
2:21-cv-00382-JES-KCD | OPINION & ORDER granting in part and denying in part Plaintiff's [68] Motion in Limine and Defendant's [69] Motion in Limine. Signed by Judge John E. Steele on 2/9/2024. (FMB)
| Judge John E. Steele |
| 02/08/2024 | Mack v. Lee Memorial Health System
2:23-cv-00188-JLB-NPM | ORDER granting [55] defendant's motion for reconsideration. Rule 26 discovery and disclosures are stayed pending the court's ruling on defendant's motion to dismiss. See order for details. Defendant's motion for protective orde
| Judge John L. Badalamenti |
| 02/08/2024 | Purdy v. Able Moving and Storage, Inc.
2:22-cv-00134-JES-KCD | ORDER directing parties to provide a copy of their arbitration agreement if it provides guidance for the Court, or otherwise advise the Court of what criteria should be applied in selecting the arbiter by February 16, 2024. Signed by Magistrate
| Judge John E. Steele |
| 02/07/2024 | Strike 3 Holdings, LLC v. Doe
2:24-cv-00091-SPC-KCD | ORDER granting in part and denying in part [7] Motion for Leave to File Third Party Subpoena. See Order for details. Signed by Magistrate Judge Kyle C. Dudek on 2/7/2024. (CGW)
| Judge Sheri Polster Chappell |
| 02/07/2024 | Smith v. The Florida Gulf Coast University Board of Trustees
2:23-cv-00840-JES-KCD | OPINION AND ORDER denying [14] Motion to Dismiss for Failure to State a Claim. Signed by Judge John E. Steele on 2/7/2024. (RKR)
| Judge John E. Steele |
| 02/07/2024 | Farraro v. Interlock Security Group, Inc. et al
2:23-cv-00650-NPM | ORDER granting [26] defendants' motion to compel arbitration. See order for details. This case is stayed pending the outcome of arbitration. The clerk is directed to issue a STAY flag on this case. Signed by Magistrate Judge Nicholas P. Mizel
| Magistrate Judge Nicholas P. Mizell |
| 02/07/2024 | Roskovensky v. Sanibel Captiva Island Vacation Rentals, LLC
2:22-cv-00602-JLB-NPM | ORDER granting [48] expense-of-motion award for [37] plaintiff Roskovensky's motion to compel. By February 21, 2024, defendant Sanibel Vacation must tender payment of $1,000 to Roskovensky and file a notice of compliance. Signed by Magis
| Judge John L. Badalamenti |
| 02/07/2024 | Pinto v. Collier County et al
2:19-cv-00551-JLB-NPM | REPORT AND RECOMMENDATIONS recommending defendants' [213] supplemental motion for attorney's fees be granted in part. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/7/2024. (SMG)
| Judge John L. Badalamenti |
| 02/06/2024 | Bowden v. Frost et al
2:22-cv-00769-SPC-NPM | OPINION AND ORDER re: [53] MOTION to Dismiss Second Amended Complaint , [52] Amended Complaint. Defendants' Motion to Dismiss Second [sic] Amended Complaint (Doc. 53) is GRANTED. Bowden's Amended Complaint (Doc. 52) is DISM
| Judge Sheri Polster Chappell |
| 02/06/2024 | Warrington v. Patel et al
2:22-cv-00077-JES-KCD | ORDER Directing In Camera Production of Powerpoint. The Court ORDERS Plaintiff to submit an electronic copy of the PowerPoint presentation shown during the settlement conference on April 19, 2023. Plaintiff shall email a copy of the PowerPoint pr
| Judge John E. Steele |
| 02/05/2024 | The Smokin' Knight, Inc. v. Nautilus Insurance Company
2:23-cv-01217-JES-KCD | OPINION AND ORDER denying [7] Motion to Dismiss. Signed by Judge John E. Steele on 2/5/2024. (RKR)
| Judge John E. Steele |
| 02/05/2024 | Marano v. Sam's East, Inc. et al
2:23-cv-01204-JLB-KCD | ORDER denying [15] Motion to Remand to State Court. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2/5/2024. (CGW)
| Judge John L. Badalamenti |
| 02/05/2024 | 898 Fifth Avenue South Holdings, LLC v. Pear
2:23-cv-00576-JLB-NPM | ORDER overruling [18] Defendant's Objection and denying as moot [24] Motion for Summary Judgment, [25] Motion for Hearing/Conference, [26] Motion for Summary Judgment, and [27] Motion for Ruling. This case is remanded to the County Court of
| Judge John L. Badalamenti |
| 02/04/2024 | Denson, Jr. v. Kinney
2:21-cv-00497-JES-NPM | OPINION & ORDER granting in part and denying in part Defendant's [157] Motion in Limine. Signed by Judge John E. Steele on 2/4/2024. (FMB)
| Judge John E. Steele |
| 02/02/2024 | Herman et al v. The Mr. Cooper Group Inc.
2:23-cv-00948-JES-KCD | OPINION AND ORDER granting in part and denying in part [44] Motion to Dismiss. Counts IV and V are dismissed without prejudice to filing a Second Amended Complaint within 14 days. See Opinion and Order for details. Signed by Judge John E. Stee
| Judge John E. Steele |
| 02/02/2024 | Horowitz v. Emerald Nutraceuticals, LLC. et al
2:23-cv-00696-SPC-NPM | ORDERED: Pro se Plaintiff Leonard G. Horowitz's Motion for Reconsideration is GRANTED. Plaintiff may file an amended complaint--with the Fort Myers Division Clerk's Office--on or before February 26, 2024. Failure to do so will result i
| Judge Sheri Polster Chappell |
| 02/02/2024 | Thayer v. South Florida Nuclear Group LLC et al
2:22-cv-00449-SPC-NPM | ORDERED: Relator Kristle Thayer's Voluntary Motion to Dismiss Without Prejudice (Doc. [15]) is GRANTED. The above-captioned case is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any deadlines and close the file Signed by J
| Judge Sheri Polster Chappell |
| 02/02/2024 | USA v. Seymore
2:20-cr-00111-SPC-NPM | COPY of Order on Motion to proceed in forma pauperis on appeal entered in Case 2:23-cv-00469-SPC-NPM as to Petitioner Brantley Seymore. Copy of order mailed to Brantley Seymore, see civil case. Signed by Judge Sheri Polster Chappell on 2/2/2024. (
| Judge Sheri Polster Chappell |
| 02/02/2024 | Williams v. United States of America
2:19-cv-00271-SPC-M_M | OPINION AND ORDER re: [27] MOTION for Reconsideration. Petitioner Norris Williams' Motion for Consideration Under Federal Rule of Civil Procedure 60(b)(6) (Doc. 27) is DENIED. Signed by Judge Sheri Polster Chappell on 2/2/2024. (BGS)
| Judge Sheri Polster Chappell |
| 02/01/2024 | Jackson v. City of Cape Coral
2:22-cv-00408-JES-NPM | OPINION & ORDER granting Defendant's [28] Motion for Summary Judgment. The Clerk shall enter judgment accordingly, terminate all pending motions and deadlines as moot, and close the file. Signed by Judge John E. Steele on 2/1/2024. (FMB) <
| Judge John E. Steele |
| 01/31/2024 | Employers Insurance Company of Wausau v. BL Companies Connecticut, Inc. et al
2:23-cv-00773-JES-NPM | OPINION AND ORDER denying [42] Motion to Dismiss; denying [46] Motion to Dismiss. However, the sentence in paragraph 59 of the [27] Amended Complaint #Consequently, defendant's negligence constitutes negligence per se# is strick
| Judge John E. Steele |
| 01/31/2024 | USA v. Welbourne
2:23-cr-00040-SPC-KCD | ORDER granting the United States' Motion for Preliminary Order of Forfeiture as to Richard Welbourne (Doc. [49]). Signed by Judge Sheri Polster Chappell on 1/31/2024. (AEH)
| Judge Sheri Polster Chappell |
| 01/31/2024 | Andre v. Commissioner of Social Security
2:22-cv-00695-JRK | OPINION AND ORDER affirming the Commissioner's final decision; Clerk to enter judgment accordingly and close the file. Signed by Magistrate Judge James Klindt on 1/31/2024. (KAW)
| Magistrate Judge James Klindt |
| 01/30/2024 | USA v. Petiton Moreno
2:23-cr-00053-SPC-KCD | JUDGMENT as to Silvio Cabanes Petiton Moreno, Counts 1-2. Imprisonment: 70 months, such term consists of 70 months as to Count 1 and 70 months as to Count 2, terms shall run concurrently; Supervised Release: 60 months, such term consists of 60 m
| Judge Sheri Polster Chappell |
| 01/30/2024 | Pauly et al v. Hartford Insurance Company of the Midwest
2:23-cv-00259-SPC-KCD | ORDER denying [70] Plaintiffs' Motion to Compel; denying [73] Plaintiffs' Motion for Leave to File a Reply. Signed by Magistrate Judge Kyle C. Dudek on 1/29/2024. (CGW) Modified on 2/1/2024 to edit order date (EAM).
| Judge Sheri Polster Chappell |
| 01/29/2024 | Marina Arroyave v. First Community Insurance Company
2:23-cv-01064-JLB-NPM | ORDER denying [15] plaintiff's motion to compel appraisal. See order for details. The scheduling order's automatic toll of the deadlines is lifted. Signed by Magistrate Judge Nicholas P. Mizell on 1/29/2024. (JMM)
| Judge John L. Badalamenti |
| 01/29/2024 | Kinney v. Marlett et al
2:23-cv-00899-SPC-NPM | OPINION AND ORDER. Benson Kinney's Complaint [1] is DISMISSED without prejudice. Kinney may file an amended complaint by February 19, 2024. Otherwise, the Court will close this case and enter judgment without further notice. Signed by Ju
OPINION AND ORDER. Benson Kinney's Complaint [1] is DISMISSED without prejudice. Kinney may file an amended complaint by February 19, 2024. Otherwise, the Court will close this case and enter judgment without further notice. Signed by Ju
| Judge Sheri Polster Chappell |
| 01/29/2024 | Mathis v. Commissioner of Social Security
2:23-cv-00498-NPM | ORDER granting [15] plaintiff's motion for attorney's fees under the EAJA. The clerk is directed to amend the judgment to include an award to Mathis of $3,104.77 for attorney's fees and $402 in costs. See order for details
| Magistrate Judge Nicholas P. Mizell |
| 01/29/2024 | Bishop-Tregea et al v. Landmark Hospitals, LLC et al
2:20-cv-00464-SPC-KCD | ORDER re [27] Notice of Election to Decline Intervention filed by United States of America. The Complaint shall be unsealed and served upon Defendants by the relators. The Clerk is directed to lift the seal on the Complaint (S-1), the Gove
| Judge Sheri Polster Chappell |
| 01/29/2024 | Henderson v. FNU Gahrmann et al
2:22-cv-00164-JES-NPM | OPINION AND ORDER directing the Clerk to correct the spelling of defendant's name in CM/ECF; granting in part and denying in part [42] Motion to Dismiss. The motion is granted as it relates to the official-capacity claims, and otherwise de
| Judge John E. Steele |
| 01/29/2024 | Salt Life, LLC v. Salt Life Transportation, LLC
2:20-cv-00590-JLB-NPM | ORDER granting [77] plaintiff's motion for entitlement to attorney's fees. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/29/2024. (JMM)
| Judge John L. Badalamenti |
| 01/29/2024 | CMR Construction & Roofing LLC v. The Orchards Condominium Association, Inc.
2:20-cv-00422-JES-KCD | OPINION AND ORDER granting in part and denying in part [157] Motion for Summary Judgment; granting in part and denying in part [159] Motion for Summary Judgment; granting in part and denying in part [168] Motion for Summary Judgment. The Court
| Judge John E. Steele |
| 01/26/2024 | Deane v. Hartford Insurance Company of the Midwest
2:23-cv-00710-JLB-NPM | ORDER denying without prejudice [17] defendant's motion to determine reasonableness of fees for subpoenaed documents. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/26/2024. (TLP)
| Judge John L. Badalamenti |
| 01/26/2024 | Marrero v. The Laundress, LLC et al
2:23-cv-00519-JLB-KCD | ORDER granting in part [11] Defendants' Motion to Transfer Venue or, in the Alternative, Stay. The Motion is granted insofar as it requests a transfer of this case to the Southern District of New York. Any further or alternative relief reque
| Judge John L. Badalamenti |
| 01/26/2024 | Brakefield v. Commissioner of Social Security
2:23-cv-00024-KCD | ORDER denying [24] Plaintiff's Social Security Brief. The Court AFFIRMS the Commissioner's decision and directs the Clerk to enter judgment for the Commissioner and against Tiffany Hope Brakefield and close the file. Signed by Magistr
| Magistrate Judge Kyle C. Dudek |
| 01/26/2024 | Hanner v. Thomson et al
2:22-cv-00810-JES-KCD | OPINION AND ORDER directing the Clerk to correct the spelling of James Thompson's name in CM/ECF; granting [27] Motion to Dismiss and the claims against these defendants are dismissed for failure to state a claim on which relief may be gran
| Judge John E. Steele |
| 01/26/2024 | Romano v. Commissioner of Social Security
2:20-cv-00573-NPM | ORDER granting [33] unopposed motion for attorney fee award pursuant to 42 U.S.C. § 406(b). The clerk is directed to amend the judgment to include an award to plaintiff of $44,041.25. Signed by Magistrate Judge Nicholas P. Mizell on 1/
| Magistrate Judge Nicholas P. Mizell |
| 01/25/2024 | Sierra v. Commissioner of Social Security
2:22-cv-00630-JRK | OPINION AND ORDER affirming the Commissioner's final decision; Clerk to enter judgment accordingly and close the file. Signed by Magistrate Judge James Klindt on 1/25/2024. (KAW)
| Magistrate Judge James Klindt |
| 01/25/2024 | Sanguinetti v. Rambosk et al
2:21-cv-00529-JLB-KCD | ORDER denying as moot [193] Motion to Strike [192] Response in Opposition to Motion, [191] Response in Opposition to Motion Plaintiff's Responses in Opposition to Defendants' Motion for Summary Judgment; denying as moot [194] Motion to
| Judge John L. Badalamenti |
| 01/24/2024 | Alum Fund, LLC et al v. Greater Nevada Credit Union et al
2:23-cv-01159-JLB-KCD | ORDER denying [34] Plaintiffs' Amended Motion to Remand to State Court. Defendant Greater Nevada Credit Union must supplement the record to include #a legible copy of each paper docketed in the state court# as required by Local
| Judge John L. Badalamenti |
| 01/24/2024 | US Bank National Association v. Kelly et al
2:23-cv-00504-JES-NPM | OPINION AND ORDER granting [25] Motion to Remand to State Court and the Clerk is directed to remand the action to the Circuit Court of the Twentieth Judicial Circuit, in and for Lee County, Florida, and to transmit a certified copy of this Order
| Judge John E. Steele |
| 01/24/2024 | USA v. Brillhart
2:22-cr-00053-SPC-NPM | ORDERED: Defendant Richard Brillhart's Motion for Reconsideration of Admission of Videos (Doc. [146]) is DENIED. Signed by Judge Sheri Polster Chappell on 1/24/2024. (AEH)
ORDERED: Defendant Richard Brillhart's Third Motion in Limine (Doc. [140]) is DENIED. Signed by Judge Sheri Polster Chappell on 1/24/2024. (AEH)
| Judge Sheri Polster Chappell |
| 01/24/2024 | St. Louis v. City of Cape Coral
2:22-cv-00288-JLB-NPM | ORDER denying without prejudice [28] Defendant's Motion for Summary Judgment. Should Defendant wish to file another summary-judgment motion, the motion must be filed within 30 days of the date of this Order. See Order for details. Signed b
| Judge John L. Badalamenti |
| 01/24/2024 | USA v. Vazquez
2:21-cr-00066-SPC-NPM | ORDER DIRECTING A COMPETENCY EXAMINATION as to Jesus Alexis Vazquez. Signed by Magistrate Judge Kyle C. Dudek on 1/24/2024. (CGW)
| Judge Sheri Polster Chappell |
| 01/23/2024 | Deptula v. Warden, Desoto Correctional Institution
2:24-cv-00052-SPC-KCD | AMENDED OPINION AND ORDER. Petitioner Thomas Deptula's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) is DISMISSED as untimely. The Clerk is DIRECTED to enter judgment and close this case. Deptula is not ent
| Judge Sheri Polster Chappell |
| 01/23/2024 | Walsh v. The Standard Fire Insurance Company
2:23-cv-01223-SPC-NPM | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Lee County, Florida. T
| Judge Sheri Polster Chappell |
| 01/23/2024 | Casterioto v. Commissioner of Social Security
2:23-cv-00791-KCD | ORDER granting in part and denying in part [15] the Commissioner's Opposed Motion for Entry of Judgment with Reversal and Remand. The Commissioner's decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence
| Magistrate Judge Kyle C. Dudek |
| 01/23/2024 | Ballew v. Standard Aero (Alliance), Inc.
2:21-cv-00747-JLB-NPM | ORDER. Defendant's Motion for Summary Judgment (Doc. [62]) is DENIED. Defendant's Daubert Motion to Exclude Opinions and Testimony of Donald E. Sommer (Doc. [60]), Defendant's Daubert Motion to Exclude Expert Opinions
| Judge John L. Badalamenti |
| 01/22/2024 | Saito et al v. Patel et al
2:24-cv-00065-JES-KCD | ORDERED: The Honorable Sheri Polster Chappell is RECUSED from this action. The Clerk is DIRECTED to reassign this case to another United States District Judge in the Fort Myers Division. Signed by Judge Sheri Polster Chappell on 1/22/2024. (AE
| Judge John E. Steele |
| 01/22/2024 | Trocano v. Vivaldi et al
2:23-cv-00645-JES-KCD | ORDER granting [59] Motion to Join and Substitute American Airlines, Inc. for American Airlines Group, Inc. The Clerk shall correct the case heading on the docket sheet to terminate American Airlines Group, Inc. and correct the name by adding A
| Judge John E. Steele |
| 01/22/2024 | United States of America v. Faro
2:20-cv-00769-JLB-NPM | ORDER granting in part [77] the United States' Motion for Summary Judgment; denying [89] Defendant's Cross-Motion for Summary Judgment. The Court will enter judgment for the United States but reserves its decision on the amount of the j
| Judge John L. Badalamenti |
| 01/19/2024 | Deptula v. Warden, Desoto Correctional Institution
2:24-cv-00052-SPC-KCD | OPINION AND ORDER. Petitioner Thomas Deptula's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [1] is DISMISSED as untimely. Signed by Judge Sheri Polster Chappell on 1/19/2024. (BGS)
| Judge Sheri Polster Chappell |
| 01/19/2024 | Beckman v. T-Mobile USA, Inc. et al
2:23-cv-00917-JLB-KCD | ORDER granting [21] Motion to Compel Arbitration and Stay Proceedings. The parties must arbitrate this case promptly--in accordance with their agreement. As to T-Mobile, this case will be stayed until the parties advise the Court that (1) arbi
| Judge John L. Badalamenti |
| 01/19/2024 | Gilberti v. Padar et al
2:23-cv-00609-SPC-KCD | ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. [9]) is ACCEPTED and ADOPTED, and the findings incorporated. Plaintiff Joseph Gilberti's Objection (Doc. [10]) is OVERRULED. The Amended Complaint (
| Judge Sheri Polster Chappell |
| 01/19/2024 | Morales v. Trademark Douglas, LLC
2:23-cv-00390-SPC-KCD | ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. [51]) is ACCEPTED and ADOPTED, and the findings incorporated herein. The Joint Motion for Settlement Approval (Doc. [50]) is GRANTED, and this action is
| Judge Sheri Polster Chappell |
| 01/19/2024 | Warrington v. Patel et al
2:22-cv-00077-JES-KCD | ORDER granting in part and denying in part [194] Motion to Compel; granting in part and denying in part [196] Motion to Compel. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 1/19/2024. (CGW)
| Judge John E. Steele |
| 01/19/2024 | Keeler v. Hughley
2:21-cv-00141-SPC-NPM | OPINION AND ORDER re: [65] MOTION for Summary Judgment. Defendant Michael Antonio Hughley's Motion for Summary Judgment (Doc. 65) is GRANTED. This action is DISMISSED with prejudice. The Clerk is DIRECTED to terminate any pending
| Judge Sheri Polster Chappell |
| 01/17/2024 | Janis v. United Property & Casualty Insurance Company et al
2:24-cv-00049-SPC-KCD | ORDERED: Plaintiff Janis's Complaint (Doc. [1]) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint on or before February 5, 2024. Failure to do so will cause the Court to close thi
| Judge Sheri Polster Chappell |
| 01/17/2024 | USA v. Martinez-Olvera
2:23-cr-00118-SPC-NPM | JUDGMENT as to Reynaldo Martinez-Olvera, Count 1, Imprisonment: TIME-SERVED; Supervised Release: No term imposed; Special Assessments: $100; remand to the custody of the United States Marshal for processing to the Bureau of Immigration and
| Judge Sheri Polster Chappell |
| 01/17/2024 | USA v. Hernandez-Garcia
2:23-cr-00116-SPC-KCD | JUDGMENT as to Gerardo Hernandez-Garcia, Count 1, Imprisonment: TIME-SERVED; Supervised Release: No term imposed; Special Assessments: $100; Remand to the custody of the United States Marshal for processing to the Bureau of Immigration and
| Judge Sheri Polster Chappell |
| 01/17/2024 | USA v. Desgrange
2:23-cr-00074-SPC-KCD | JUDGMENT as to Augustin Desgrange, Count 1, Imprisonment: 30-MONTHS; Supervised Release: 36-MONTHS; Special Assessments: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 1/17/2024. (AEH)
| Judge Sheri Polster Chappell |
| 01/17/2024 | USA v. Corona
2:22-cr-00070-SPC-KCD | JUDGMENT as to Artemio Corona, Count 1, Imprisonment: 51 months; Supervised Release: 36 months; Special Assessments: $100; remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 1/17/2024. (AEH)
| Judge Sheri Polster Chappell |
| 01/16/2024 | Moretto v. Securus Technologies et al
2:23-cv-00881-SPC-NPM | OPINION AND ORDER re: [12] Objection, [14] MOTION for Leave to File Other Document: Objection, [13] MOTION to Amend [1] Complaint. Moretto's construed Rule 60(b) motions (Docs. 12, 13, and 14) are DENIED. Signed by Judge Sheri Polst
| Judge Sheri Polster Chappell |
| 01/16/2024 | Horton et al v. Daruma Bell Towers, Inc. et al
2:23-cv-00433-KCD | ORDER dismissing case with prejudice, with each party to bear their own fees and costs, unless otherwise agreed. The Clerk is directed to enter judgment, deny all pending motions, terminate all scheduled events, and close the case. Signed by Magi
| Magistrate Judge Kyle C. Dudek |
| 01/16/2024 | Sanguinetti v. Rambosk et al
2:21-cv-00529-JLB-KCD | ORDER granting [181] Defendants' Joint Motion to Strike Untimely Disclosed Treating Physician. Plaintiff is precluded from offering Dr. Del Sol as a witness #on a motion, at a hearing, or at a trial.# Fed. R. Civ. P. 37(c)(1). Si
| Judge John L. Badalamenti |
| 01/12/2024 | Cavanagh v. Auto Club Insurance Company of Florida et al
2:24-cv-00010-SPC-NPM | ORDERED: Plaintiff Cavanagh's Complaint (Doc. [1]) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint on or before February 3, 2024. Failure to do so will cause the Court to close
| Judge Sheri Polster Chappell |
| 01/12/2024 | Estero Island Parasail, Inc.
2:23-cv-01090-JLB-KCD | ORDER granting [11] Motion for Entry of Order Approving Amended Ad Interim Stipulation and Directing Issuance of Monition and Injunction. Signed by Magistrate Judge Kyle C. Dudek on 1/12/2024. (Attachments: # (1) Exhibit Notice of Petition.)
ORDER granting [11] Motion for Entry of Order Approving Amended Ad Interim Stipulation and Directing Issuance of Monition and Injunction. Signed by Magistrate Judge Kyle C. Dudek on 1/12/2024. (Attachments: # (1) Exhibit Notice of Petition.)
MONITION. See Monition for further details. Signed by Magistrate Judge Kyle C. Dudek on 1/12/2024. (CGW)
| Judge John L. Badalamenti |
| 01/12/2024 | USA v. Risco
2:23-cr-00061-SPC-KCD | JUDGMENT as to Chester Lewis Risco, III, Count 1, Imprisonment: 46 months; Supervised Release: 36 months; Special Assessment: $100.00; Forfeiture included in judgment; Remand to the custody of the United States Marshal. Signed by Judge Sher
| Judge Sheri Polster Chappell |
| 01/12/2024 | Corbin et al v. Prummell, Jr. et al
2:22-cv-00394-JES-KCD | OPINION AND ORDER overruling [95] Objection to the Magistrate Judge's Order. Plaintiffs shall file updated disclosures for Dr. Dingle and Dr. Schroering in compliance with the December 12, 2023 [93] Order on or before January 26, 2024. Sig
| Judge John E. Steele |
| 01/12/2024 | USA v. Talbert Jr.
2:12-cr-00061-JES-D_F | OPINION AND ORDER denying without prejudice [164] Motion for Early Termination of Probation as to Kenneth Talbert Jr. (1). Signed by Judge John E. Steele on 1/12/2024. (RKR)
| Judge John E. Steele |
| 01/10/2024 | USA v. Smith
2:23-cr-00121-SPC-KCD | ORDER granting [38] Addendum to Petition for Action on Conditions of Pretrial Release as to Daniel Lee Smith. Signed by Magistrate Judge Kyle C. Dudek on 1/10/2024. (CGW)
| Judge Sheri Polster Chappell |
| 01/10/2024 | USA v. Diggs
2:23-cr-00106-SPC-KCD | JUDGMENT as to Jimmy Derrick Diggs, Count 1, Imprisonment: 92 months, such term shall run concurrently with sentence imposed in District Case No.: 2:23-cr-007-SPC-NPM; Supervised Release: 60 months, such term shall run concurrently with sentenc
| Judge Sheri Polster Chappell |
| 01/10/2024 | McFalls v. NCH Healthcare System, Inc. et al
2:23-cv-00572-SPC-KCD | ORDERED: Defendants' Motion to Dismiss (Doc. [26]) is GRANTED IN PART. Counts III and IV of the Amended Complaint (Doc. [24]) are DISMISSED without prejudice. Count VI of the Amended Complaint (Doc. [24]) is DISMISSED with prejudice. Pl
| Judge Sheri Polster Chappell |
| 01/10/2024 | USA v. Organo
2:23-cr-00082-SPC-NPM | JUDGMENT as to Anthony Vincent Organo, Counts 1-2, Imprisonment: 210-MONTHS as to each count, all counts to run concurrently; Supervised Release: 15-YEARS as to each count, all counts to run concurrently; Sex Offender special conditions; Special
| Judge Sheri Polster Chappell |
| 01/10/2024 | Arambasich v. Commissioner of Social Security
2:23-cv-00240-SPC-KCD | ORDER granting [23] Plaintiff's Unopposed Petition for EAJA Fees. The Court awards Plaintiff $8,311.98 in attorney's fees and $402 in costs. This award will be paid directly to Plaintiff's counsel if the United States d
| Judge Sheri Polster Chappell |
| 01/10/2024 | Seymore v. Commissioner of Social Security
2:23-cv-00070-KCD | ORDER granting [19] Plaintiff's Unopposed Petition for EAJA Fees. The Court awards Plaintiff $7,499.26 in attorney's fees. This award will be paid directly to Plaintiff's counsel if the United States determines that no feder
| Magistrate Judge Kyle C. Dudek |
| 01/10/2024 | USA v. Diggs
2:23-cr-00007-SPC-NPM | JUDGMENT as to Jimmy Derrick Diggs, Count 1, Imprisonment: 92 months, such term shall run concurrently with sentence imposed in District Case No.: 2:23-cr-106-SPC-KCD; Supervised Release: 60 months, such term shall run concurrently with sentence
| Judge Sheri Polster Chappell |
| 01/09/2024 | USA v. Ramos-Mendez
2:23-cr-00100-SPC-NPM | JUDGMENT as to Andres Ramos-Mendez, Count 1, Imprisonment: time served; Supervised Release: No term imposed: Special Assessment: $100; Remand to the custody of the United States Marshal for processing to the Bureau of Immigration and Custom
| Judge Sheri Polster Chappell |
| 01/09/2024 | USA v. Ruiz-Zepeda
2:23-cr-00091-SPC-NPM | JUDGMENT as to Luis Fernando Ruiz-Zepeda, Count 1, Imprisonment: time served; Supervised Release: 12 months; Special Assessment: $100; Remand to the custody of the United States Marshal for processing to the Bureau of Immigration and Custo
| Judge Sheri Polster Chappell |
| 01/09/2024 | USA v. Mateo-Mazariegos
2:23-cr-00096-SPC-NPM | JUDGMENT as to Edi Mateo-Mazariego, Count 1, Imprisonment: time served; Supervised Release: No term imposed: Special Assessment: $100; Remand to the custody of the United States Marshal for processing to the Bureau of Immigration and Custom
| Judge Sheri Polster Chappell |
| 01/09/2024 | USA v. Martinez-Ruiz
2:23-cr-00029-SPC-KCD | JUDGMENT as to Javier Martinez-Ruiz, Count 1, Imprisonment: 10 months; Supervised Release: 12 months; Special Assessment: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 1/9/2024. (AEH)
| Judge Sheri Polster Chappell |
| 01/08/2024 | v. Guerrero et al
2:23-cv-01201-SPC-KCD | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Charlotte County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Charlotte County,
| Judge Sheri Polster Chappell |
| 01/08/2024 | Sussman v. Harris et al
2:23-cv-00461-SPC-KCD | OPINION AND ORDER re: [37] MOTION for Reconsideration re [35] Order on Motion for Preliminary Injunction Order on Motion for Hearing / Settlement Conference, MOTION to Appoint Counsel. Sussman's construed motion for reconsideration an
| Judge Sheri Polster Chappell |
| 01/05/2024 | Petition of Paul Lile
2:23-cv-01197-JES-NPM | ORDER granting [10] Motion for Entry of Order Approving Amended Ad Interim Stipulation and Directing Issuance of Monition and Injunction. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 1/5/2024. (Attachments: # (1)
ORDER granting [10] Motion for Entry of Order Approving Amended Ad Interim Stipulation and Directing Issuance of Monition and Injunction. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 1/5/2024. (Attachments: # (1)
MONITION. See Monition for further details. Signed by Magistrate Judge Kyle C. Dudek on 1/5/2024. (CGW)
| Judge John E. Steele |
| 01/05/2024 | Las Brisas v. Empire Indemnity Insurance
2:21-cv-00041-KCD | ORDER denying [209] Empire's Motion for Summary Judgment. Signed by Magistrate Judge Kyle C. Dudek on 1/5/2024. (CGW)
| Magistrate Judge Kyle C. Dudek |
| 01/04/2024 | USA v. Organo
2:23-cr-00082-SPC-NPM | ORDER granting the United States' Motion for Forfeiture of a Final Order as to Anthony Vincent Organo (Doc. [47]). Signed by Judge Sheri Polster Chappell on 1/4/2024. (AEH)
| Judge Sheri Polster Chappell |
| 01/04/2024 | Seymore v. United States of America
2:23-cv-00469-SPC-NPM | ORDERED: Petitioner Brantley Seymore's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. [1]; Cr-Doc. 60) is DENIED. The Clerk is DIRECTED to enter judgment against Seymore and
| Judge Sheri Polster Chappell |
| 01/04/2024 | Booher v. Commissioner of Social Security
2:22-cv-00677-KCD | ORDER denying [16] Plaintiff's Social Security Brief. Considering the record as a whole, substantial evidence supports the ALJ's findings, and the correct standards were applied. Accordingly, the Court AFFIRMS the Commissioner's
| Magistrate Judge Kyle C. Dudek |
| 01/04/2024 | USA v. Seymore
2:20-cr-00111-SPC-NPM | ORDERED: Petitioner Brantley Seymore's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1; Cr-Doc. [60]) is DENIED. The Clerk is DIRECTED to enter judgment against Seymore and
| Judge Sheri Polster Chappell |
| 01/03/2024 | Petition of Paul Lile
2:23-cv-01197-JES-NPM | ORDER denying without prejudice [3] Petitioner's Ad Interim Stipulation of Value and Stipulation for Costs. Petitioner must refile a motion and supporting documents to cure the deficiencies in a similar fashion to those ultimately approved
| Judge John E. Steele |
| 01/03/2024 | Morales v. Trademark Douglas, LLC
2:23-cv-00390-SPC-KCD | REPORT AND RECOMMENDATION re [50] Joint MOTION for Settlement Approval filed by Gerardo Morales. Signed by Magistrate Judge Kyle C. Dudek on 1/3/2024. (CGW)
| Judge Sheri Polster Chappell |
| 01/03/2024 | USA v. Brillhart
2:22-cr-00053-SPC-NPM | ORDERED: Because Defendant Richard Brillhart has shown an inability to pay the witness's fees and the witness is necessary for him to present an adequate defense, the United States Marshals Service is DIRECTED to either (1) make prepaid trave
| Judge Sheri Polster Chappell |
| 01/03/2024 | Maribona v. Walmart Stores East, LP
2:22-cv-00244-JES-NPM | OPINION AND ORDER denying [37] Motion for Summary Judgment; denying [38] Motion to Strike; granting [36] Motion to Strike. Signed by Judge John E. Steele on 1/3/2024. (RKR)
| Judge John E. Steele |
| 01/02/2024 | Ray v. State of Florida et al
2:23-cv-00770-JES-NPM | ORDER OF DISMISSAL dismissing complaint without prejudice. The Clerk shall enter judgment and close the case. Signed by Judge John E. Steele on 1/2/2024. (RKR)
| Judge John E. Steele |
| 01/02/2024 | Massey v. United States of America
2:23-cv-00440-SPC-NPM | OPINION AND ORDER re: [1] MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 2:20-cr-129-SPC-MRM. David Levon Massey's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Fe
| Judge Sheri Polster Chappell |
| 01/02/2024 | C.T. v. Red Roof Inns, Inc. et al
2:22-cv-00834-JES-KCD | ORDER granting [250] Motion to Stay Proceedings. The clerk is directed to add a stay flag to this matter pending further order from the Court. Plaintiff is directed to file a status report on the first of each month following this order that ad
| Judge John E. Steele |
| 01/02/2024 | Holm v. United States of America
2:22-cv-00424-JES-NPM | OPINION & ORDER denying without prejudice [31] Defendant's Daubert Motion. Signed by Judge John E. Steele on 1/2/2024. (FMB)
| Judge John E. Steele |
| 12/29/2023 | Walsh v. The Standard Fire Insurance Company
2:23-cv-01223-SPC-NPM | ORDER re [1] Notice of Removal. Defendant The Standard Fire Insurance Company must SUPPLEMENT its Notice of Removal [1] on or before January 15, 2024, to show cause why this case should not be remanded for lack of subject-matter jurisdiction.
| Judge Sheri Polster Chappell |
| 12/29/2023 | Jassas Capital LLC v. Arch Specialty Insurance Company et al
2:23-cv-01095-SPC-NPM | ORDER re [1] Notice of Removal. Defendants Arch Specialty Insurance Company, Certain Underwriters at Lloyd's London, and United Specialty Insurance Company's must SUPPLEMENT their Notice of Removal [1] on or before January 15, 2024, t
| Judge Sheri Polster Chappell |
| 12/28/2023 | Delvalle v. Furricci
2:23-cv-00735-SPC-NPM | OPINION AND ORDER re: [19] MOTION to Alter or Amend Judgment. Delvalle's motion (Doc. 19) is DENIED. Signed by Judge Sheri Polster Chappell on 2023-12-28. (BGS)
| Judge Sheri Polster Chappell |
| 12/28/2023 | Las Brisas v. Empire Indemnity Insurance
2:21-cv-00041-KCD | ORDER denying [206] Motion for Summary Judgment. Signed by Magistrate Judge Kyle C. Dudek on 2023-12-28. (CGW)
| Magistrate Judge Kyle C. Dudek |
| 12/27/2023 | Estero Island Parasail, Inc.
2:23-cv-01090-JLB-KCD | ORDER denying without prejudice [6] Petitioner's Ad Interim Stipulation of Value and Stipulation for Costs. Petitioner must refile a motion and supporting documents to cure the deficiencies in a similar fashion to those ultimately approved
| Judge John L. Badalamenti |
| 12/27/2023 | Wilson v. Collier County Florida
2:21-cv-00861-JLB-NPM | ORDER granting [50] Defendant's Motion for Summary Judgment as to Plaintiff's Amended Complaint. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate all deadlines, and close the case. Signed by Judge John L. Badalame
| Judge John L. Badalamenti |
| 12/22/2023 | USA v. Risco
2:23-cr-00061-SPC-KCD | ORDER granting the United States' Motion for Final Order of Forfeiture as to Chester Lewis Risco III (Doc. [43]). Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
| Judge Sheri Polster Chappell |
| 12/22/2023 | USA v. Walker
2:23-cr-00037-SPC-KCD | ORDER granting the United States' Motion for Final Order of Forfeiture as to Deshon G. Walker (Doc. [55]). Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
| Judge Sheri Polster Chappell |
| 12/22/2023 | Avow Hospice, Inc. v. Avow Foundation for Abortion Access, Inc. et al
2:23-cv-00132-SPC-KCD | AMENDED OPINION AND ORDER. This Amended Opinion and Order supersedes the previous version (Doc. 36), as it merely corrects typographical errors in the Court's Due Process discussion. Signed by Judge Sheri Polster Chappell on 2023-12-22. (BG
| Judge Sheri Polster Chappell |
| 12/22/2023 | USA v. Albanito
2:23-cr-00023-SPC-KCD | ORDER granting the United States' Motion for Final Order of Forfeiture as to Brandon Albanito (Doc. [96]). Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
| Judge Sheri Polster Chappell |
| 12/22/2023 | USA v. Pelaez Gutierrez
2:22-cr-00036-SPC-NPM | ORDER granting (Doc. [220]) Motion for Final Order of Forfeiture as to Pedro Sergio Pelaez Gutierrez. Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
| Judge Sheri Polster Chappell |
| 12/22/2023 | USA v. Bess
2:22-cr-00046-SPC-KCD | ORDER granting (Doc. [74]) the United States' Motion for Final Order of Forfeiture as to James Edward Bess III. Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
| Judge Sheri Polster Chappell |
| 12/22/2023 | USA v. Dickerson Copland
2:22-cr-00042-SPC-KCD | ORDER granting the United States' Motion for Final Order of Forfeiture as to Manuel Alfredo Dickerson Copland (Doc. [136]). Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
| Judge Sheri Polster Chappell |
| 12/21/2023 | Neu et al v. Safe Harbor Insurance Company
2:23-cv-01152-JLB-KCD | ORDER granting [9] Motion to Remand to State Court. This action is remanded to the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida. The state-court case was previously captioned 2023-012327-CA. The Clerk is dire
| Judge John L. Badalamenti |
| 12/21/2023 | Finnecy v. Scottsdale Insurance Company
2:23-cv-01067-SPC-KCD | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Collier County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Collier County, Flor
| Judge Sheri Polster Chappell |
| 12/21/2023 | Antoine v. ESPN Enterprises, Inc.
2:23-cv-00887-JLB-NPM | ORDER granting [19] ESPN Enterprises, Inc.'s unopposed motion to compel arbitration. The parties are directed to arbitrate this case promptly--in accordance with their agreements. The clerk is directed to add a stay flag to the docket and te
| Judge John L. Badalamenti |
| 12/21/2023 | Moorhead et al v. Classic Pool Design, Inc. et al
2:23-cv-00523-NPM | ORDER: The parties stipulate to dismissing this case with prejudice (Doc. [31]). Accordingly, this action is dismissed with prejudice. The clerk is directed to enter judgment, terminate any deadlines, and close the file. Signed by Magistrate Jud
| Magistrate Judge Nicholas P. Mizell |
| 12/21/2023 | USA v. Boston
2:23-cr-00073-SPC-KCD | ORDER granting the United States' Motion for Order of Forfeiture as to Ny'Kerria Brandice Boston (Doc. [39]). Signed by Judge Sheri Polster Chappell on 2023-12-21. (AEH)
| Judge Sheri Polster Chappell |
| 12/21/2023 | USA v. Ponce
2:23-cr-00064-SPC-KCD | ORDER granting the United States' Motion for Preliminary Order of Forfeiture as to Christopher Jorge Ponce (Doc. [42]). Signed by Judge Sheri Polster Chappell on 2023-12-21. (AEH)
| Judge Sheri Polster Chappell |
| 12/21/2023 | USA v. Syfrett
2:23-cr-00051-SPC-KCD | ORDER granting United States' Motion for Forfeiture as to Cody Ray Syfrett (Doc. [43]). Signed by Judge Sheri Polster Chappell on 2023-12-21. (AEH)
| Judge Sheri Polster Chappell |
| 12/21/2023 | Avow Hospice, Inc. v. Avow Foundation for Abortion Access, Inc. et al
2:23-cv-00132-SPC-KCD | ORDERED: Defendants' Motion to Dismiss Plaintiff's First Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim under Rules 12(b)(2) and 12(b)(6) (Doc. [32]) is GRANTED. Plaintiff's Amended Complaint (Do
| Judge Sheri Polster Chappell |
| 12/20/2023 | Boomer's Neighborhood Grill & Bar, Inc. v. Westchester Surplus Lines Insurance Company
2:23-cv-01004-JES-NPM | OPINION AND ORDER denying [7] Motion to Dismiss. Signed by Judge John E. Steele on 2023-12-20. (RKR)
| Judge John E. Steele |
| 12/20/2023 | Freedom Marine Sales, LLC v Sandoval et al
2:23-cv-00905-JLB-KCD | ORDER granting [27] Unopposed Motion for Default Judgment. Plaintiffs have complied with the Civil Rules, the Supplemental Rules, and the court's Admiralty and Maritime Practice Manual. Accordingly, the unopposed motion for default judgmen
| Judge John L. Badalamenti |
| 12/19/2023 | Southwest Florida Veterinary Specialists Incorporated et al v. PetVet Care Centers (Florida), LLC
2:22-cv-00539-JLB-KCD | ORDER granting [75] PetVet's Motion Extend Deadline to Serve its Rebuttal to Expert Report. The deadline for PetVet to disclose any expert testimony in accordance with Rule 26 is extended to January 5, 2024. The discovery deadline is ext
| Judge John L. Badalamenti |
| 12/18/2023 | Canales Bonilla v. Stefano Ristorante, Inc.
2:23-cv-00780-KCD | ORDER dismissing case with prejudice, with each party to bear their own fees and costs. The Clerk is directed to enter judgment, deny all pending motions, terminate all scheduled events, and close the case. Signed by Magistrate Judge Kyle C. Du
| Magistrate Judge Kyle C. Dudek |
| 12/18/2023 | Florida Gas Transmission Company, LLC v. +/- 1.211 Acres of Land in Charlotte County, Florida et al
2:23-cv-00612-SPC-NPM | ORDER granting [8] Florida Gas Transmission Company, LLC's motion for preliminary injunction and [9] motion for partial summary judgment, and denying as moot [16] its Motion to Request Oral Argument regarding each motion. See Order for deta
ORDER granting [8] Florida Gas Transmission Company, LLC's motion for preliminary injunction and [9] motion for partial summary judgment, and denying as moot [16] its Motion to Request Oral Argument regarding each motion. See Order for deta
| Judge Sheri Polster Chappell |
| 12/18/2023 | Southwest Florida Veterinary Specialists Incorporated et al v. PetVet Care Centers (Florida), LLC
2:22-cv-00539-JLB-KCD | ORDER granting [78] Motion for leave to file under seal. Plaintiffs' Motions to Compel and any exhibits to the motions will be filed UNDER SEAL. Plaintiffs must file the Motions to Compel using the #sealed motion# event in CM/ECF
| Judge John L. Badalamenti |
| 12/18/2023 | Warrington v. Patel et al
2:22-cv-00077-JES-KCD | ORDER granting in part and denying in part [180] Motion to Set Status Conference and to Modify Scheduling Order. The Court finds good cause to modify the case management order and extend Plaintiff's expert disclosure deadline by 90-days fr
| Judge John E. Steele |
| 12/15/2023 | Watson III v. State of Florida et al
2:23-cv-01126-SPC-KCD | OPINION AND ORDER. Plaintiff Marshall Watson III's Civil Rights Complaint [1] is DISMISSED without prejudice. Watson may file an amended complaint by January 5, 2024. Otherwise, the Court will enter judgment and close this case without fu
OPINION AND ORDER. Plaintiff Marshall Watson III's Civil Rights Complaint [1] is DISMISSED without prejudice. Watson may file an amended complaint by January 5, 2024. Otherwise, the Court will enter judgment and close this case without fu
| Judge Sheri Polster Chappell |
| 12/15/2023 | Harris v. United States of America
2:23-cv-00582-SPC-NPM | ORDERED: Petitioner Marvin Harris Jr.'s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. [1]; Cr-Docs. 350, 352) is DENIED. The Clerk is DIRECTED to enter judgment against Har
| Judge Sheri Polster Chappell |
| 12/15/2023 | Corpus v. Yen et al
2:23-cv-00502-JES-NPM | OPINION AND ORDER. 1. Defendant Gardener is DISMISSED from this action for failure to state a claim against her on which relief can be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). 2. Corpus's motion for injunctive relief [4] is DENIED. C
OPINION AND ORDER. 1. Defendant Gardener is DISMISSED from this action for failure to state a claim against her on which relief can be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). 2. Corpus's motion for injunctive relief [4] is DENIED. C
| Judge John E. Steele |
| 12/15/2023 | Tusha v. E2Company et al
2:23-cv-00042-SPC-KCD | ORDERED: Defendants' Motion to Dismiss (Doc. [67]) is GRANTED and this action is DISMISSED for the reasons stated in this Order. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case. Signed
| Judge Sheri Polster Chappell |
| 12/15/2023 | DeFrank v. Commissioner of Social Security
2:22-cv-00663-DNF | OPINION AND ORDER reversing the decision and remanding the action to the Commissioner for further proceedings. The Clerk of Court is directed to enter judgment consistent with this opinion, terminate any motions and deadlines, and afterward close
| Magistrate Judge Douglas N. Frazier |
| 12/15/2023 | USA v. Bess
2:22-cr-00046-SPC-KCD | JUDGMENT as to James Edward Bess, III, Counts 1, 2, 3, Imprisonment: 400 months, such term consists of 160 months in each of Counts One and Three, to be served concurrent with each other, followed by a term of 240 months in Count Two, to be serv
| Judge Sheri Polster Chappell |
| 12/15/2023 | USA v. Harris, Jr.
2:20-cr-00134-SPC-NPM | ORDERED:Petitioner Marvin Harris Jr.'s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1; Cr-Docs. [350], [352]) is DENIED. The Clerk is DIRECTED to enter judgment against Har
| Judge Sheri Polster Chappell |
| 12/14/2023 | Jacobson v. Zeroed-In Technologies, LLC et al
2:23-cv-01164-JES-KCD | ORDERED: The Class Action Complaint (Doc. [1]) is DISMISSED without prejudice as a shotgun pleading. Plaintiff must file an amended complaint on or before December 22, 2023. Failure to do so may cause the Court to dismiss and close the case wit
| Judge John E. Steele |
| 12/14/2023 | Brantley v. Zeroed-In Technologies, LLC et al
2:23-cv-01161-JES-KCD | ORDERED: The Class Action Complaint (Doc. [1]) is DISMISSED without prejudice as a shotgun pleading. Plaintiff must file an amended complaint on or before December 22, 2023. Failure to do so may cause the Court to dismiss and close the case with
| Judge John E. Steele |
| 12/14/2023 | Biles v. Zeroed-In Technologies, LLC et al
2:23-cv-01139-JES-KCD | ORDERED: The Class Action Complaint (Doc. [1]) is DISMISSED without prejudice as a shotgun pleading. Plaintiff must file an amended complaint on or before December 22, 2023. Failure to do so may cause the Court to dismiss and close the case with
| Judge John E. Steele |
| 12/13/2023 | Southwest Florida Veterinary Specialists Incorporated et al v. PetVet Care Centers (Florida), LLC
2:22-cv-00539-JLB-KCD | ORDER denying without prejudice [73] Defendant's Motion to Extend the Deadline to Serve its Rebuttal Expert Report. Signed by Magistrate Judge Kyle C. Dudek on 2023-12-13. (CGW)
| Judge John L. Badalamenti |
| 12/12/2023 | Gordon v. Wal-Mart Stores East, LP.
2:23-cv-00864-SPC-NPM | ORDERED: Plaintiff Wanda Gordon's Motion for Remand (Doc. [16]) is GRANTED. The Clerk is DIRECTED to send a certified copy of this Order to the Clerk of the Circuit Court of the Twentieth Judicial Circuit in and for Hendry County, Florida.
| Judge Sheri Polster Chappell |
| 12/12/2023 | Rosa v. 711 Seven Eleven
2:23-cv-00713-SPC-KCD | ORDERED: This action is DISMISSED. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 2023-12-12. (AEH)
| Judge Sheri Polster Chappell |
| 12/12/2023 | Quiroga v. United States of America
2:22-cv-00665-SPC-NPM | OPINION AND ORDER re: [24] MOTION to Set Aside Judgment. Quiroga's Motion (Doc. 24) is DENIED. Signed by Judge Sheri Polster Chappell on 2023-12-12. (BGS)
| Judge Sheri Polster Chappell |
| 12/12/2023 | Exclusive Group Holdings, Inc. v. National Union Fire Insurance Co. of Pittsburgh, Pennsylvania et al
2:22-cv-00474-JES-NPM | OPINION AND ORDER sustaining in part and overruling in part [108] Objections to magistrate judge ruling to district court; granting in part and denying in part [92] Motion to Amend. Count IX of the Third Amended Complaint is stricken, and as mo
| Judge John E. Steele |
| 12/12/2023 | Corbin et al v. Prummell, Jr. et al
2:22-cv-00394-JES-KCD | ORDER granting [89] Motion to Compel Plaintiffs to Provide Non-Retained Expert Disclosures. The Corbins must update the Rule 26 disclosures for Dr. Dingle and Dr. Schroering by December 21, 2023; The Court will again extend discovery for the
| Judge John E. Steele |
| 12/12/2023 | USA v. Otano
2:13-cr-00089-SPC-NPM | ORDERED: Defendant Jorge Otano's pro se Motion to Terminate Supervised Release (Doc. [258]) is DENIED. Signed by Judge Sheri Polster Chappell on 2023-12-12. (AEH)
| Judge Sheri Polster Chappell |
| 12/11/2023 | Packard v. Right Now Roofing FL Inc.
2:23-cv-01144-SPC-KCD | ORDERED: Packard's Complaint (Doc. [1]) is DISMISSED without prejudice. Packard must FILE an amended complaint consistent with this Order on or before December 22, 2023. Failure to file an amended complaint will lead the Court the dismiss a
| Judge Sheri Polster Chappell |
| 12/11/2023 | R&S at Bayfront Bistro, LLC v. Alliant Insurance Services, Inc. et al
2:23-cv-01129-SPC-NPM | ORDERED: Defendant Alliant Services, Inc. must SUPPLEMENT the Notice of Removal (Doc. [1]) on or before December 18, 2023, to show cause why this action should not be remanded for lack of subject-matter jurisdiction. Failure to follow this Order
| Judge Sheri Polster Chappell |
| 12/11/2023 | USA v. Badillo-Chavez
2:22-cr-00094-SPC-NPM | JUDGMENT as to Jose Esteban Badillo-Chavez, Count 1, Imprisonment: 37 months; Supervised Release: 12 months; Special Assessments: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 2023-12-11
| Judge Sheri Polster Chappell |
| 12/11/2023 | Thayer v. South Florida Nuclear Group LLC et al
2:22-cv-00449-SPC-NPM | ORDERED: Government's Notice of Election to Decline Intervention (Doc. [13]) is GRANTED. The Clerk is DIRECTED to serve copies of all future pleadings, orders, and notices of appeal filed in this case on the Government. The Clerk is DIRECTE
| Judge Sheri Polster Chappell |
| 12/08/2023 | Comley v. Lawson et al
2:23-cv-00960-JES-NPM | ORDER OF DISMISSAL dismissing case without prejudice for failure to state a claim on which relief may be granted. The Clerk shall enter judgment and close the case. Signed by Judge John E. Steele on 12/8/2023. (RKR)
| Judge John E. Steele |
| 12/07/2023 | Moretto v. Securus Technologies et al
2:23-cv-00881-SPC-NPM | OPINION AND ORDER. Plaintiff Stephen Moretto's Complaint is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on
| Judge Sheri Polster Chappell |
| 12/07/2023 | Delvalle v. Furricci
2:23-cv-00735-SPC-NPM | OPINION AND ORDER. Plaintiff David Delvalle's Complaint (Doc. 1) is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chap
| Judge Sheri Polster Chappell |
| 12/07/2023 | Donohoe v. Osinga et al
2:21-cv-00534-SPC-NPM | OPINION AND ORDER re: [46] Motion for Appointment Counsel, [51] MOTION to Produce, [52] MOTION to Amend, [55] MOTION to Amend [16] Amended Complaint. The court thus denies Donohoe's request for appointment of counsel (Doc. 46). If
| Judge Sheri Polster Chappell |
| 12/06/2023 | Bizzell v. 21st Century Oncology Holdings Inc.
2:23-cv-00734-SPC-NPM | OPINION AND ORDER. Plaintiff Jessie Lee Bizzell's Complaint [1] is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 12/6/2023.
| Judge Sheri Polster Chappell |
| 12/06/2023 | Gilberti v. Padar et al
2:23-cv-00609-SPC-KCD | REPORT AND RECOMMENDATION that Plaintiff's Amended Complaint (Doc. 8) be dismissed as frivolous under 28 U.S.C. § 1915(e). Signed by Magistrate Judge Kyle C. Dudek on 12/6/2023. (Dudek, Kyle)
| Judge Sheri Polster Chappell |
| 12/06/2023 | USA v. Guzman-Torres
2:23-cr-00069-SPC-KCD | JUDGMENT as to Flavio De Jesus Guzman-Torres, Count 1, Imprisonment: 10 months; Supervised Release: No term of supervision is imposed; Special Assessment: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polst
| Judge Sheri Polster Chappell |
| 12/05/2023 | Moretto v. Wilson
2:23-cv-00930-SPC-KCD | OPINION AND ORDER. The clerk is directed to prepare the service package for certified mailing to the special appointees at Desoto Correctional Institution designated below. The packet shall include the complaint (Doc. 1), the summons, and this o
| Judge Sheri Polster Chappell |
| 12/05/2023 | McEachern v. McEachern et al
2:23-cv-00877-JLB-KCD | ORDER granting [9] Motion to Remand. If no objections are filed within 14 days of this order, which is the time allotted under Fed. R. Civ. P. 72, the Clerk is directed to remand this case to state court by transmitting a certified copy of this O
| Judge John L. Badalamenti |
| 12/05/2023 | KOVA Commercial of Naples, LLC v. Sabin
2:23-cv-00614-JES-KCD | OPINION & ORDER granting in the alternative Defendant's [57] Motion for Reconsideration. The Motion is otherwise denied. Signed by Judge John E. Steele on 12/5/2023. (FMB)
| Judge John E. Steele |
| 12/05/2023 | USA v. Walker
2:23-cr-00037-SPC-KCD | JUDGMENT as to Deshon G. Walker, Count 1, Imprisonment: 37 months; Supervised Release: 36 months; Special Assessment: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 12/5/2023. (AEH) <
| Judge Sheri Polster Chappell |
| 12/05/2023 | Garcia Hembree v. Rojas
2:22-cv-00562-SPC-NPM | OPINION AND ORDER re: [54] MOTION to Appoint Counsel, [69] MOTION to Amend [42] Amended Complaint, [62] MOTION for Extension of Time to Complete Discovery, and [61] MOTION to Appoint Counsel. The motions are DENIED. Signed by Magist
| Judge Sheri Polster Chappell |
| 12/05/2023 | Trevino v. Andrews et al
2:21-cv-00918-JES-NPM | OPINION AND ORDER granting [16] Motion to Dismiss; dismissing [15] amended complaint for failure to state a claim. The Clerk shall enter judgment in favor of defendants and close the case. Signed by Judge John E. Steele on 12/5/2023. (RKR)
| Judge John E. Steele |
| 12/04/2023 | Horowitz v. Emerald Nutraceuticals, LLC. et al
2:23-cv-00696-SPC-NPM | ORDERED: This action is DISMISSED without prejudice. The Clerk is DIRECTED to deny any motions as moot, terminate any deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 12/4/2023. (AEH)
| Judge Sheri Polster Chappell |
| 12/04/2023 | Doe v. Vazquez
2:22-cv-00200-JLB-KCD | ORDER adopting [56] Report and Recommendation. Plaintiff's Motion to Determine Entitlement to Attorney's Fees and Nontaxable Expenses (Doc. [51]) is GRANTED. The Clerk of Court is DIRECTED to modify the Judgment to include a total of �
| Judge John L. Badalamenti |
| 12/01/2023 | Blow v. The State of Florida
2:23-cv-01094-SPC-KCD | OPINION AND ORDER. Plaintiff James Anthony Blow, III's complaint [1] is DISMISSED with prejudice. The Clerk is directed to terminate any pending deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 12/
| Judge Sheri Polster Chappell |
| 12/01/2023 | Ure, Jr. v. Commissioner of Social Security
2:22-cv-00241-NPM | ORDER granting [35] plaintiff's motion for attorney's fees under the EAJA. The clerk is directed to amend the judgment to include an award to Ure of $9,500 for attorney's fees. See order for details. Signed by Magistrate Judge
| Magistrate Judge Nicholas P. Mizell |
| 11/30/2023 | Couture et al v. Noshirvan et al
2:23-cv-00340-SPC-KCD | ORDERED: TikTok's Motion to Dismiss (Doc. [33]) is GRANTED. The Court DISMISSES with prejudice the claims against Defendants TikTok and ByteDance. Noshirvan's Motion to Dismiss (Doc. [63]) is GRANTED in part. The Court DISMISSES with
| Judge Sheri Polster Chappell |
| 11/28/2023 | Ladson v. Burlington Stores, Inc.
2:23-cv-01078-SPC-KCD | ORDER re [1] Notice of Removal filed by Burlington Stores, Inc. Defendant Burlington Stores, Inc. must SUPPLEMENT its Notice of Removal [1] on or before December 7, 2023, to show cause why this case should not be remanded for lack of subject mat
| Judge Sheri Polster Chappell |
| 11/28/2023 | USA v. Brown
2:14-cr-00021-SPC-NPM | ORDER denying [93] Defendant Markeith Brown's pro se Motion for Reconsideration. Signed by Judge Sheri Polster Chappell on 2023-11-28. (LMF)
| Judge Sheri Polster Chappell |
| 11/27/2023 | Campbell v. Secretary, Department of Corrections (Lee County)
2:23-cv-00973-SPC-KCD | OPINION AND ORDER re: [9] MOTION for Summary Judgment, [8] MOTION for Clarification re [4] Opinion and order, [5] Judgment. Campbell's motions (Docs. 8 and 9) are denied. Signed by Judge Sheri Polster Chappell on 2023-11-27. (BGS) <
| Judge Sheri Polster Chappell |
| 11/27/2023 | Buena Vista of Deep Creek Condominium Association, Inc. v. Clear Blue Specialty Insurance Company
2:23-cv-00957-SPC-KCD | ORDER granting [13] Joint Stipulation for Appraisal and Stay of the Case, and the appraisal panel must itemize the awarded damages by coverage, to be accompanied by a supporting estimate. This case is STAYED pending appraisal, and the Clerk must
| Judge Sheri Polster Chappell |
| 11/27/2023 | Boatman v. Carner et al
2:23-cv-00204-SPC-KCD | OPINION AND ORDER. Plaintiff Rayvon Boatman's Second Amended Complaint [34] is DISMISSED without prejudice. The Clerk is directed to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri P
| Judge Sheri Polster Chappell |
| 11/27/2023 | FTF Lending LLC v. Blue International Group LLC et al
2:23-cv-00149-JES-NPM | ORDER granting [29] plaintiff's motion for order appointing a master and conducting foreclosure sale of real property. The Court appoints attorney Mark C. Healy as special master to conduct the foreclosure sale. The Clerk is directed to add M
| Judge John E. Steele |
| 11/22/2023 | Blow v. The Sun
2:23-cv-01047-SPC-NPM | OPINION AND ORDER. Plaintiff James Anthony Blow, III's Complaint [1] is DISMISSED with prejudice. The Clerk is directed to terminate any pending deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 11/
| Judge Sheri Polster Chappell |
| 11/22/2023 | Mont Claire at Pelican Marsh Condominium Association, Inc. v. Empire Indemnity Insurance Company
2:19-cv-00601-SPC-KCD | ORDERED: Plaintiff's Motion for Confirmation of Appraisal Award and Summary Judgment (Doc. [119]) is GRANTED. Defendant's Motion for Partial Summary Judgment (Doc. [120]) is DENIED. The Clerk is DIRECTED to enter Judgment for Plaintif
| Judge Sheri Polster Chappell |
| 11/21/2023 | Pimentel et al v. Strength20, LLC et al
2:23-cv-00544-JLB-KCD | ORDER granting in part and denying in part [36] Plaintiffs' Motion for Rule to Show Cause or Other Sanction or Rule 37 Relief Against Defendants Strength20, LLC, and Rommel A. Ariza. The motion is granted to the extent the Court awards Plai
| Judge John L. Badalamenti |
| 11/21/2023 | Ramos Perez et al v. New Forces Construction LLC et al
2:23-cv-00161-KCD | ORDER DIRECTING STATUS CONFERENCE. See Order for details. Signed by Magistrate Judge Kyle C. Dudek on 2023-11-21. (CGW)
| Magistrate Judge Kyle C. Dudek |
| 11/21/2023 | Griffin v. Galeana Chrysler Jeep, Inc.
2:22-cv-00607-JLB-KCD | ORDER denying without prejudice [36] Plaintiff's Motion to Compel. Signed by Magistrate Judge Kyle C. Dudek on 2023-11-21. (CGW)
| Judge John L. Badalamenti |
| 11/21/2023 | Escalante v. Secretary, Department of Corrections et al (Collier County)
2:21-cv-00934-JLB-KCD | OPINION AND ORDER. The 28 U.S.C. § 2254 petition filed by Mauricio Escalante is DENIED. The Clerk is DIRECTED to enter judgment in favor of Respondent and against Petitioner, deny any pending motions as moot, terminate any deadlines, and c
| Judge John L. Badalamenti |
| 11/21/2023 | USA v. Molina
2:20-cr-00134-SPC-NPM | ORDERED: The United States's Preliminary Motion for Reduction of Sentence (Doc. [349]) and Motion for Reduced Sentence based on Substantial Assistance (Doc. [353]) are GRANTED. The Clerk is DIRECTED to enter a modified judgment reducing the
AMENDED JUDGMENT as to Destiny Molina, Count 1, Imprisonment: 36-MONTHS; Supervised Release: 36-MONTHS; Special Assessments: $100; Forfeiture order included in judgment; remand to the custody of the United States Marshal. Count 5, Dismissed
| Judge Sheri Polster Chappell |
| 11/20/2023 | Partners Insight, LLC et al v. Gill et al
2:22-cv-00739-SPC-KCD | CONFIDENTIALITY ORDER. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2023-11-20. (CGW)
| Judge Sheri Polster Chappell |
| 11/20/2023 | Warrington v. Patel et al
2:22-cv-00077-JES-KCD | ORDER granting in part and denying in part [153] Defendants' Motion to Enforce Protective Order and Local Rule 1.11(d), to Strike Filing or to Maintain Sealing, and for Sanctions. The request to strike is granted and the Clerk is directed t
ORDER re [128] MOTION to Compel Discovery filed by Rakesh Patel. Patel's motion to compel directed at Request No. 7 is DENIED. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2023-11-20. (CGW)
| Judge John E. Steele |
| 11/17/2023 | USA v. Diggs
2:23-cr-00106-SPC-KCD | ORDER granting the United States' Motion for Preliminary Order of Forfeiture as to Jimmy Derrick Diggs (Doc. [19]). Signed by Judge Sheri Polster Chappell on 2023-11-17. (AEH)
| Judge Sheri Polster Chappell |
| 11/17/2023 | Manco v. Aldo's UVS, LLC
2:23-cv-00586-KCD | ORDER dismissing case with prejudice, with each party to bear their own fees and costs. The Clerk is directed to enter judgment, deny all pending motions, terminate all scheduled events, and close the case. Signed by Magistrate Judge Kyle C. Dud
| Magistrate Judge Kyle C. Dudek |
| 11/17/2023 | Mercola v. The New York Times Company
2:23-cv-00545-SPC-KCD | ORDER GRANTING Oral Joint Motion for Entry of a 502(d) Order. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2023-11-17. (CGW)
| Judge Sheri Polster Chappell |
| 11/17/2023 | Graves v. Great Lakes Insurance SE
2:23-cv-00373-SPC-KCD | ORDERED: Defendant Great Lakes Insurance SE's Motion to Dismiss (Doc. [19]) is DENIED. Defendant has until on or before December 1, 2023, to answer the Complaint. Signed by Judge Sheri Polster Chappell on 2023-11-17. (AEH)
| Judge Sheri Polster Chappell |
| 11/17/2023 | Graziano v. Eagle Creek of Naples Condominium Assoc., Inc. et al
2:22-cv-00034-SPC-KCD | ORDER granting in part and denying in part [142] Schelling's Motion to Dismiss as Sanctions for Plaintiff's Failure to Comply with this Court's Order. Within fourteen days of this order, the parties must meet and confer about the
| Judge Sheri Polster Chappell |
| 11/16/2023 | Inseco, Inc. v. US Duralast, Inc. et al
2:23-cv-00550-SPC-NPM | ORDERED: Plaintiff Inseco, Inc.'s Verified Motion for Preliminary Injunction (Doc. [32]) is DENIED as moot because of the parties entering the Joint Stipulation for Entry of Order for Preliminary Relief (Doc. [36]; Doc. [36-1]). The Joint Sti
| Judge Sheri Polster Chappell |
| 11/16/2023 | Jones Jr. v. Davila et al
2:21-cv-00764-JLB-NPM | ORDER granting [43] Defendant's Motion for Summary Judgment. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate all deadlines, and close the case. See Order for details. Signed by Judge John L. Badalamenti on 2023-11-16.
| Judge John L. Badalamenti |
| 11/16/2023 | Walker v. Snider (Lee County)
2:19-cv-00190-SPC-NPM | OPINION AND ORDER re: [60] MOTION for Relief from Judgment, [61] MOTION to Set Aside Judgment. Petitioner Torrey Walker's motions for relief from judgment (Docs. 60 and 61) are DENIED. Signed by Judge Sheri Polster Chappell on 2023-11-16
| Judge Sheri Polster Chappell |
| 11/15/2023 | Elite-Weiler Pools, Inc. v. Arch Insurance Company et al
2:23-cv-01022-SPC-NPM | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice. Plaintiff Elite-Weiler Pools, Inc. may file an amended complaint on or before November 28, 2023. Failure to do so may result in the Court closing this action without further noti
| Judge Sheri Polster Chappell |
| 11/15/2023 | Logelin v. Florida Marine Group, Inc.
2:23-cv-00720-JES-NPM | OPINION AND ORDER denying [15] Motion to Dismiss. Signed by Judge John E. Steele on 2023-11-15. (RKR)
| Judge John E. Steele |
| 11/15/2023 | Florida Gas Transmission Company, LLC v. +/- 1.211 Acres of Land in Charlotte County, Florida et al
2:23-cv-00612-SPC-NPM | ORDER referring the agreed motions (Doc. [8]; Doc. [9]) to United States Magistrate Judge Nicholas P. Mizell for a final order. Signed by Judge Sheri Polster Chappell on 2023-11-15. (CMC)
| Judge Sheri Polster Chappell |
| 11/15/2023 | Inova International LLC v. Tsai
2:23-cv-00518-JES-NPM | OPINION AND ORDER granting [11] Motion for Default Judgment. The Clerk shall enter judgment on all counts in favor of plaintiff. Plaintiff is entitled to damages against defendant arising from the breach of contract, conversion, tortious interf
| Judge John E. Steele |
| 11/15/2023 | Bowden v. Snider et al
2:22-cv-00671-SPC-KCD | OPINION AND ORDER re: [48] MOTION to Dismiss Second Amended Complaint and Memorandum of Law. Defendants' Motion to Dismiss Second Amended Complaint (Doc. 48) is GRANTED in part and DENIED in part. Bowden's due-process claim a
| Judge Sheri Polster Chappell |
| 11/15/2023 | Warrington v. Patel et al
2:22-cv-00077-JES-KCD | OPINION AND ORDER granting in part and denying in part [125] Motion to Dismiss Counterclaim and to Strike Affirmative Defenses. The three affirmative defenses are stricken and may be amended within 14 days of this Opinion and Order. The motion
| Judge John E. Steele |
| 11/15/2023 | Wirth v. Secretary, Department of Corrections et al (Lee County)
2:21-cv-00324-JLB-NPM | OPINION AND ORDER. 1.The 28 U.S.C. § 2254 petition for writ of habeas corpus filed by Justin Daniel Wirth is DENIED. 2. The Clerk is DIRECTED to enter judgment in favor of Respondent and against Petitioner, deny any pending motions as moo
| Judge John L. Badalamenti |
| 11/14/2023 | Jackson v. Florida Civil Commitment Center et al
2:23-cv-00959-SPC-NPM | OPINION AND ORDER. Plaintiff James Ira Jackson's Complaint [1] is DISMISSED without prejudice. Jackson may file an amended complaint by December 4, 2023. Otherwise, the Court will close this case without further notice. Signed by Judge S
| Judge Sheri Polster Chappell |
| 11/14/2023 | USA v. Barnes
2:22-cr-00118-SPC-NPM | JUDGMENT as to Steven Dewayne Barnes, Jr., Counts 1 and 2, Imprisonment: 121-MONTHS, such term consists of 121 months as to Count One and 60 months as to Count 2, counts shall run concurrently; Supervised Release: 36 months, such term consists o
| Judge Sheri Polster Chappell |
| 11/13/2023 | Alter Business Advisors, LLC v. The Doc App, Inc. et al
2:23-cv-00715-JLB-KCD | ORDER granting [16] Motion to Remand to State Court. The request for attorney's fees is DENIED. If no objections are filed within 14 days of this order, which is the time allotted under Fed. R. Civ. P. 72, the Clerk is directed to remand
| Judge John L. Badalamenti |
| 11/13/2023 | Duran et al v. Joekel et al
2:23-cv-00558-JES-NPM | OPINION AND ORDER denying without prejudice [11] Motion to Dismiss; denying without prejudice [12] Motion to Dismiss. The [7] Complaint is dismissed without prejudice to filing an amended complaint within 21 days. Discovery and disclosures ar
| Judge John E. Steele |
| 11/13/2023 | Cruz v. Commissioner of Social Security
2:22-cv-00603-KCD | ORDER denying [25] Plaintiff's Social Security Brief. Considering the record as a whole, the Court is satisfied the ALJ followed the applicable regulations and based his conclusions on substantial evidence. Accordingly, the Court AFFIRMS t
| Magistrate Judge Kyle C. Dudek |
| 11/13/2023 | Judge v. Knauf Gips KG et al
2:21-cv-00889-JES-DAB | OPINION AND ORDER treating portion of [38] Motion for Partial Summary Judgment addressing affirmative defense 32 as it relates to punitive damages as a motion in limine and granting in favor of defendants. Plaintiff will not be allowed to seek p
| Judge John E. Steele |
| 11/09/2023 | Rosa v. Steele
2:23-cv-00451-SPC-NPM | OPINION AND ORDER re: [12] MOTION for Reconsideration re [11] Opinion and order. Rosa's Motion for Reconsideration (Doc. 12) is DENIED. Signed by Judge Sheri Polster Chappell on 11/9/2023. (BGS)
| Judge Sheri Polster Chappell |
| 11/09/2023 | Searcy v. Commissioner of Social Security
2:22-cv-00718-DNF | ORDER granting [26] Unopposed Petition for EAJA Fees. Attorney fees totaling $8,996.56 are awarded to Plaintiff. The Clerk of Court is directed to enter an amended judgment. Signed by Magistrate Judge Douglas N. Frazier on 11/9/2023. (brh)
| Magistrate Judge Douglas N. Frazier |
| 11/09/2023 | Scoma Chiropractic, P.A. et al v. Dental Equities, LLC et al
2:16-cv-00041-JLB-NPM | ORDER staying this action until further order of the Court following the Eleventh Circuit's resolution of the appeal in Scoma Chiropractic, P.A. v. National Spine Centers, LLC, Case No. 23-13087. Within ten (10) days of the Eleventh Ci
| Judge John L. Badalamenti |
| 11/08/2023 | Tower Hill Signature Insurance Company et al v. Rheem Manufacturing Company et al
2:23-cv-00861-SPC-NPM | ORDER granting [18] Plaintiff Tower Hill Signature Insurance Company's Counter-Motion for Leave to Amend and denying as moot [13] Defendant Backer Alpe's Motion to Dismiss Counts Three and Four of Plaintiff's First Amended Complain
| Judge Sheri Polster Chappell |
| 11/08/2023 | Horowitz v. Emerald Nutraceuticals, LLC. et al
2:23-cv-00696-SPC-NPM | OPINION and ORDER. The Complaint [1] is DISMISSED without prejudice as a shotgun pleading and for lack of subject matter jurisdiction. Plaintiff may file an amended complaint consistent with this Opinion and Order on or before November 29, 2023.
| Judge Sheri Polster Chappell |
| 11/08/2023 | Saito v. Moffett et al
2:23-cv-00513-SPC-NPM | ORDER denying [44] Plaintiff Koichi Saito's Objections and Demands for Reconsideration. Signed by Judge Sheri Polster Chappell on 11/8/2023. (LMF)
| Judge Sheri Polster Chappell |
| 11/08/2023 | Saito et al v. Lewis et al
2:23-cv-00266-SPC-KCD | ORDER denying [89] Plaintiffs Koichi and Lynne's Saito's Objections and Demand for Reconsideration and Notice of Claim. Signed by Judge Sheri Polster Chappell on 11/8/2023. (LMF)
| Judge Sheri Polster Chappell |
| 11/07/2023 | Friendly Market Inc. et al v. Century Surety Company
2:23-cv-00989-SPC-NPM | ORDER re [1] Notice of Removal filed by Century Surety Company. Defendant must SUPPLEMENT its Notice of Removal on or before November 13, 2023, to show cause why this case should not be remanded lacking subject-matter jurisdiction. Failure to f
| Judge Sheri Polster Chappell |
| 11/07/2023 | Gayatri Properties LLC v. Westchester Surplus Lines Insurance Company
2:23-cv-00961-SPC-NPM | ORDER re [1] Notice of Removal filed by Westchester Surplus Lines Insurance Company. Defendant Westchester Surplus Lines Insurance Company must SUPPLEMENT its Notice of Removal [1] on or before November 16, 2023, to show cause why this case sho
| Judge Sheri Polster Chappell |
| 11/07/2023 | Viet Village, LLC v. Atain Specialty Insurance Company
2:23-cv-00896-SPC-NPM | VACATED, per endorsed order [21] ORDER. This case is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida for lack of subject matter jurisdiction. The Clerk is DIRECTED to send a certified copy of this Or
| Judge Sheri Polster Chappell |
| 11/07/2023 | Mercola v. The New York Times Company
2:23-cv-00545-SPC-KCD | ORDER denying [31] Motion to Stay Discovery. Signed by Magistrate Judge Kyle C. Dudek on 11/7/2023. (CGW)
| Judge Sheri Polster Chappell |
| 11/07/2023 | USA v. Brillhart
2:22-cr-00053-SPC-NPM | ORDER granting [118] the Government's Motion in Limine Regarding Admissibility of Trade Inscriptions. Signed by Judge Sheri Polster Chappell on 11/7/2023. (LMF)
| Judge Sheri Polster Chappell |
| 11/06/2023 | Cho v. Presidential Van Lines, LLC
2:23-cv-00674-JES-KCD | OPINION AND ORDER adopting and incorporating [7] Report and Recommendations. The Clerk shall enter judgment dismissing the case without prejudice, terminate all pending matters, and close the file. Signed by Judge John E. Steele on 11/6/2023. (R
| Judge John E. Steele |
| 11/06/2023 | Clark Pear LLC v. MVP Realty Associates LLC et al
2:23-cv-00503-JLB-NPM | ORDER. Plaintiff's objections (Docs. [31], [33]) to the Remand Order (Doc. [25]) and the Grievance Committee Order (Doc. [26]) are OVERRULED. This action is remanded to the Circuit Court of the Twentieth Judicial Circuit in and for Collier Co
| Judge John L. Badalamenti |
| 11/06/2023 | Zavala et al v. Construcion Pachito Martinez LLC, et al
2:23-cv-00300-JLB-KCD | REPORT AND RECOMMENDATION re [21] MOTION for Default Judgment against Construcion Pachito Martinez LLC, Victor M. Martinez Dominguez filed by Ricardo Hernandez, Dayana Zavala. Signed by Magistrate Judge Kyle C. Dudek on 11/6/2023
| Judge John L. Badalamenti |
| 11/06/2023 | Downing v. Florida Adventures and Rentals L.L.C.
2:23-cv-00171-JLB-NPM | ORDER granting in part and denying in part [26] Defendant Florida Adventures and Rentals L.L.C.'s Motion to Dismiss Amended Complaint. Plaintiff is DIRECTED to include in a second amended complaint a short and plain statement specifying the
| Judge John L. Badalamenti |
| 11/06/2023 | Macias v. HQ Men's Haircuts LLC et al
2:22-cv-00430-KCD | ORDER dismissing case with prejudice, with each party to bear their own fees and costs, unless otherwise agreed. The Clerk is directed to enter judgment, deny all pending motions, terminate all scheduled events, and close the case. Signed by Magi
| Magistrate Judge Kyle C. Dudek |
| 11/03/2023 | Campbell v. Secretary, Department of Corrections (Lee County)
2:23-cv-00973-SPC-KCD | OPINION AND ORDER. Remoi Campbells' Petition [1] is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 11/3/2023. (BGS)
| Judge Sheri Polster Chappell |
| 11/03/2023 | Southwest Florida Veterinary Specialists Incorporated et al v. PetVet Care Centers (Florida), LLC
2:22-cv-00539-JLB-KCD | ORDER denying [54] Defendant's Motion to Strike Plaintiffs' Expert and for Protective Order Limiting the Scope of Depositions. Signed by Magistrate Judge Kyle C. Dudek on 11/3/2023. (Dudek, Kyle)
| Judge John L. Badalamenti |
| 11/03/2023 | USA v. Ortiz
2:22-cr-00040-SPC-KCD | ORDERED: Jennifer Capuano, Intake Clinician, from the David Lawrence Center, is AUTHORIZED to perform an evaluation of the defendant on November 7, 2023 at 1:00pm at the Charlotte County Jail. Signed by Judge Sheri Polster Chappell on 11/3/2023.
AMENDED ORDER AUTHORIZING EVALUATION. ORDERED: An Intake Clinician from the David Lawrence Center is AUTHORIZED to perform a virtual evaluation of Defendant Christopher Ortiz on November 7, 2023 at 1:00pm from the Charlotte County Jail. Signed by
| Judge Sheri Polster Chappell |
| 11/02/2023 | McEachern v. McEachern et al
2:23-cv-00877-JLB-KCD | ORDER directing supplemental briefing. This supplemental briefing is due to the Court on or before November 9,2023. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 11/2/2023. (CGW)
| Judge John L. Badalamenti |
| 11/02/2023 | Lane et al v. Security National Mortgage Company et al
2:22-cv-00565-SPC-NPM | ORDERED: The parties' Joint Stipulation of Dismissal with Prejudice (Doc. [45]) is DENIED. Signed by Judge Sheri Polster Chappell on 11/2/2023. (AEH)
| Judge Sheri Polster Chappell |
| 11/01/2023 | USA v. Bien Aime
2:23-cr-00143-TPB-KCD | ORDER granting [1] Motion to Seal Criminal Complaint as to Christi Bien Aime (1). Signed by Magistrate Judge Kyle C. Dudek on 11/2/2023. (CGW)
| Judge Thomas P. Barber |
| 11/01/2023 | Davis et al v. Actavis, Inc. et al
2:23-cv-01099-JLB-NPM | MDL CASE MANAGEMENT ORDER NO. 196 (Order on Plaintiffs' motion to exclude expert testimony, Defendants' motion to exclude expert testimony, and Defendants' motion for summary judgment in Davis v. Actavis, Inc., Case No. 17 C 3775), sig
| Judge John L. Badalamenti |
| 11/01/2023 | USA v. Bien Aime
2:23-mj-01177-KCD | ORDER granting [1] Motion to Seal Criminal Complaint as to Christi Bien Aime (1). Signed by Magistrate Judge Kyle C. Dudek on 11/2/2023. (CGW)
| Magistrate Judge Kyle C. Dudek |
| 11/01/2023 | Freedom Marine Sales, LLC v Sandoval et al
2:23-cv-00905-JLB-KCD | ORDER granting [13] Motion Entry of Order Approving Amended Ad Interim Stipulation and Directing Issuance of Monition and Injunction; granting [14] Amended Motion Directing Court to Issue Notice of Petition. See Order for further details. Sig
MONITION. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 11/1/2023. (CGW)
| Judge John L. Badalamenti |
| 11/01/2023 | Zambrano v. Walmart Stores East, LP.
2:23-cv-00745-SPC-NPM | ORDERED: Plaintiff Norma Zambrano's Motion for Remand (Doc. [16]) is DENIED. Signed by Judge Sheri Polster Chappell on 11/1/2023. (AEH)
| Judge Sheri Polster Chappell |
| 11/01/2023 | Longino v. Masters, et al.
2:23-cv-00164-JES-KCD | ORDER dismissing constitutional claims for failure to state a claim and declining to exercise jurisdiction over state claims without prejudice to raising them in state court. The Clerk shall enter judgment and close the case. Signed by Judge Joh
| Judge John E. Steele |
| 11/01/2023 | Harris v. Cotte et al
2:21-cv-00646-SPC-NPM | OPINION AND ORDER. Plaintiff Richard Harris's claim against Dr. Gilbert Noe is DISMISSED. The Clerk is DIRECTED to terminate Noe as a party to this case. Signed by Judge Sheri Polster Chappell on 11/1/2023. (BGS)
| Judge Sheri Polster Chappell |
| 11/01/2023 | Sierra Club et al v. U.S. Fish and Wildlife Service et al
2:20-cv-00013-SPC-NPM | ORDERED: Plaintiffs' Unopposed Motion for Judicial Notice (Doc. [137]) is GRANTED.Plaintiffs' Request for Oral Argument (Doc. [122]) is DENIED. Plaintiffs' Motion for Summary Judgment (Doc. [121]) is DENIED. Defendants' Motio
| Judge Sheri Polster Chappell |
| 10/31/2023 | Warrington v. Patel et al
2:22-cv-00077-JES-KCD | ORDER granting in part and denying in part [128] Motion to Compel; granting in part and denying in part [131] Motion to Compel. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2023-10-31. (CGW)
| Judge John E. Steele |
| 10/31/2023 | Harborview Realty, Inc. et al v. Fifth Third Bank, National Association
2:21-cv-00942-JLB-KCD | ORDER granting [62] Motion for leave to file under seal. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2023-10-31. (CGW)
| Judge John L. Badalamenti |
| 10/31/2023 | Welsh v. Martinez
2:21-cv-00396-JLB-NPM | ORDER granting in part and denying in part [87] Plaintiff's Amended Motion for Summary Judgment as to Counts Two, Three, Four, and Five. See Order for details. Signed by Judge John L. Badalamenti on 2023-10-31. (RHG)
| Judge John L. Badalamenti |
| 10/30/2023 | Dero Roofing, LLC v. Triton, Inc
2:21-cv-00688-SPC-KCD | ORDER granting [127] Motion to Strike Expert Report and Exclude Opinions and Testimony of Mr. Rodney Flynn; Flynn's report and expert testimony are stricken and excluded from any further consideration. Signed by Magistrate Judge Kyle C. Du
| Judge Sheri Polster Chappell |
| 10/30/2023 | Foster v. Secretary, DOC (Lee County)
2:14-cv-00597-JES-KCD | OPINION AND ORDER denying [89] Amended petition for writ of habeas corpus. Foster is not entitled to a certificate of appealability. The Clerk shall enter judgment and close the case. Signed by Judge John E. Steele on 2023-10-30. (RKR)
| Judge John E. Steele |
| 10/27/2023 | Westchester Surplus Lines Insurance Company v. Jadestation Holdings, LLC
2:23-cv-00927-SPC-NPM | ORDERED: The Complaint for Declaratory Judgment (Doc. [1]) is DISMISSED without prejudice. Plaintiff Westchester Surplus Lines Insurance Company may file an amended complaint on or before November 3, 2023. Failure to do so may result in the Cour
| Judge Sheri Polster Chappell |
| 10/27/2023 | Ninth Amendment Party Association et al v. Rambosk et al
2:23-cv-00830-SPC-NPM | ORDERED: Plaintiff Esquibel's Amended Complaint (Doc. [4]) is DISMISSED without prejudice. Plaintiff may file an amended complaint on or before November 15, 2023. Failure to file an amended complaint will result in the Court closing this ca
| Judge Sheri Polster Chappell |
| 10/27/2023 | Gulfshore Life Media, LLC v. Adams et al
2:22-cv-00780-SPC-KCD | ORDERED: The parties' Joint Motion for Entry of Stipulated Permanent Injunction (Doc. [25]) is GRANTED. See order for additional court directives pertaining to the injunction. Signed by Judge Sheri Polster Chappell on 2023-10-27. (AEH)
| Judge Sheri Polster Chappell |
| 10/27/2023 | Gruhne v. Commissioner of Social Security
2:22-cv-00501-NPM | ORDER granting [17] plaintiff's motion for attorney's fees and costs under the EAJA. The clerk is directed to amend the judgment to include an award to Gruhne of $704.85 for attorney's fees and $402 for costs. See order f
| Magistrate Judge Nicholas P. Mizell |
| 10/26/2023 | Bernstein et al v. Clear Blue Speciality Insurance Company
2:23-cv-00902-SPC-KCD | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Lee County, Florida. Th
| Judge Sheri Polster Chappell |
| 10/26/2023 | Storm Team Construction, Inc. v. Stormz USA, LLC
2:23-cv-00256-JES-KCD | OPINION & ORDER granting [36] Storm Team Construction, Inc.'s Motion to Dismiss Counterclaims. Signed by Judge John E. Steele on 2023-10-26. (FMB)
| Judge John E. Steele |
| 10/25/2023 | Freedom Marine Sales, LLC v Sandoval et al
2:23-cv-00905-JLB-KCD | ORDER denying without prejudice [4] Motion for Entry of Order Approving Ad Interim Stipulation and Directing Issuance of Monition and Injunction; denying without prejudice [5] Motion Directing Court to Issue Notice of Petition. Petitioner may
| Judge John L. Badalamenti |
| 10/25/2023 | USA v. Organo
2:23-cr-00082-SPC-NPM | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [43]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2023-10-25. (AEH)
| Judge Sheri Polster Chappell |
| 10/25/2023 | USA v. Vera
2:23-cr-00062-SPC-NPM | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [47]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2023-10-25. (AEH)
| Judge Sheri Polster Chappell |
| 10/25/2023 | Boatman v. Carner et al
2:23-cv-00204-SPC-KCD | OPINION AND ORDER. Plaintiff Rayvon Boatman's Amended Complaint [30] is DISMISSED without prejudice. Boatman may file a second amended complaint within 21 days of this Order. Otherwise, the Court will enter judgment and close this case wi
| Judge Sheri Polster Chappell |
| 10/25/2023 | USA v. Barnes
2:22-cr-00118-SPC-NPM | ORDERED: The United States' Motion for Final Order of Forfeiture (Doc. [81]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2023-10-23. (AEH)
| Judge Sheri Polster Chappell |
| 10/24/2023 | Betancourt v. Commissioner of Social Security
2:23-cv-00111-KCD | ORDER denying [17] Plaintiff's Social Security Brief in Opposition to the Commissioner's decision. Considering the record as a whole, the Court is satisfied the ALJ followed the applicable regulations and based her conclusions on subs
| Magistrate Judge Kyle C. Dudek |
| 10/24/2023 | USA v. Dickerson Copland
2:22-cr-00042-SPC-KCD | JUDGMENT as to Manuel Alfredo Dickerson Copland, Counts 1s, 2s, 3s-4s, and 5s - Imprisonment: 322 months, such term consists of 262 months imprisonment as to Counts One and Five, 12 months imprisonment as to Counts Three and Four, to be served c
| Judge Sheri Polster Chappell |
| 10/24/2023 | Walters v. Fast AC, LLC et al
2:19-cv-00070-JLB-KCD | ORDER. Defendant FTL Capital Partners, LLC's Supplemental Motion in Support of Summary Judgment (Doc. [146]) is GRANTED as to Count VIII. The Court declines to exercise supplemental jurisdiction over Plaintiff's state-law claims in Cou
| Judge John L. Badalamenti |
| 10/24/2023 | USA v. Brown
2:14-cr-00021-SPC-NPM | ORDERED: Defendant Markeith Reshay Brown's pro se Request for Termination of Supervised Release (Doc. [87]) is DENIED. Signed by Judge Sheri Polster Chappell on 2023-10-24. (AEH)
| Judge Sheri Polster Chappell |
| 10/23/2023 | Doden v. Equifax Information Solutions, LLC et al
2:23-cv-00574-SPC-NPM | ORDERED: Defendant Newrez LLC's Unopposed Motion to Consolidate (Doc. 21) is GRANTED. The Clerk is DIRECTED to consolidate cases 2:23-cv-569 and 2:23-cv-574 under MASTER CASE NUMBER 2:23-cv-569 (the #Consolidated Case#). All sub
| Judge Sheri Polster Chappell |
| 10/23/2023 | Doden v. Experian Information Solutions, Inc., et al
2:23-cv-00569-SPC-NPM | ORDERED: Defendant Newrez LLC's Unopposed Motion to Consolidate (Doc. [21]) is GRANTED. The Clerk is DIRECTED to consolidate cases 2:23-cv-569 and 2:23-cv-574 under MASTER CASE NUMBER 2:23-cv-569 (the #Consolidated Case#). All su
| Judge Sheri Polster Chappell |
| 10/23/2023 | USA v. Albanito
2:23-cr-00023-SPC-KCD | JUDGMENT as to Brandon Albanito (1), Counts 1, and 2-4 are Disposed on motion of the United States. Counts 1s, 2s-4s, 5s, and 6s - Imprisonment: 262-MONTHS. This term consists of 240 months in Count One, 120 months in Count Two, 36 months in Cou
| Judge Sheri Polster Chappell |
| 10/23/2023 | USA v. Graham
2:18-cr-00052-SPC-KCD | ORDERED: Defendant Patrick Graham's Unopposed Motion for Early Termination of Supervised Release (Doc. [231]) is GRANTED. Defendant's term of supervised release is terminated effective today. Signed by Judge Sheri Polster Chappell on 1
| Judge Sheri Polster Chappell |
