Filed |
Case |
Description |
Presiding Judge |
03/22/2023 | USA v. Tisone 2:22-cr-00039-SPC-NPM | ORDERED: The United States' Motion to Vacate Preliminary Order of Forfeiture for Real Property (Doc. [97]) is GRANTED. The United States' Unopposed, Time-Sensitive Motion to Vacate Preliminary Order of Forfeiture for Real Property (Doc
| Judge Sheri Polster Chappell |
03/22/2023 | Avant v. Bates 2:21-cv-00660-SPC-KCD | ORDERED: Defendant Jobie Bates' Dispositive Motion for Final Summary Judgement (Doc. [87]) is DENIED without prejudice. Signed by Judge Sheri Polster Chappell on 3/22/2023. (AEH)
| Judge Sheri Polster Chappell |
03/22/2023 | Rucker v. Great Dane Petroleum Contractors, Inc. 2:21-cv-00207-SPC-KCD | ORDERED:Defendant Great Dane Petroleum Contractors, Inc.'s Motion for Summary Judgment on Plaintiff Amber Rucker's claims (Doc. [61]) is GRANTED. Counts I and II of the Amended Complaint (Doc. [28]) are dismissed with prejudice. The C
| Judge Sheri Polster Chappell |
03/21/2023 | Larkin v. Larkin et al 2:23-cv-00144-JLB-NPM | ORDER TO SHOW CAUSE. Based on the Court's concerns regarding the existence of subject matter jurisdiction, Plaintiff is hereby ORDERED to SHOW CAUSE as to why this action should not be dismissed for lack of subject matter juris
| Judge John L. Badalamenti |
03/21/2023 | Parisi v. Sabal Springs Homeowners Association Inc. 2:22-cv-00504-JES-KCD | OPINION and ORDER denying [32] Plaintiffs' Motion to Strike First Affirmative Defense and Incorporated Memorandum of Law. Signed by Judge John E. Steele on 3/21/2023. (TLP)
| Judge John E. Steele |
03/20/2023 | Robbins v. Florida Cancer Specialists & Research Institute, LLC 2:22-cv-00756-JES-NPM | OPINION and ORDER denying [17] Defendant's Motion to Dismiss Plaintiff's Amended Complaint. Signed by Judge John E. Steele on 3/20/2023. (TLP)
| Judge John E. Steele |
03/20/2023 | S.Y. v. Wyndham Hotels & Resorts, Inc. et al 2:20-cv-00626-JES-KCD | JUDGMENT dismissing Defendant Hanuman of Naples, LLC, with prejudice. Signed by Deputy Clerk on 3/20/2023. (LMF)
| Judge John E. Steele |
03/20/2023 | Sierra Club et al v. U.S. Fish and Wildlife Service et al 2:20-cv-00013-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [112]) is ACCEPTED and supplemented by this Opinion and Order. Defendants' Motion for Judgment on the Pleadings (Doc. [105]) is DENIED. Signed
| Judge Sheri Polster Chappell |
03/20/2023 | Allen v. First UNUM Life Insurance Company et al 2:18-cv-00069-JES-KCD | OPINION and ORDER denying [286] Plaintiff's Renewed Motion for Judgment as a Matter of Law. Signed by Judge John E. Steele on 3/20/2023. (TLP)
| Judge John E. Steele |
03/20/2023 | USA v. Bernard 2:17-cr-00061-SPC-KCD | ORDERED: The United States' Motion for Final Order of Garnishment (Doc. [155]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/20/2023. (AEH)
| Judge Sheri Polster Chappell |
03/20/2023 | USA v. Nieves 2:15-cr-00045-SPC-MRM | ORDERED: Defendant Davan Nieves' Motion to Terminate Supervised Release (Doc. [407]) is GRANTED. Nieves' supervised release shall terminate on March 31, 2023. Signed by Judge Sheri Polster Chappell on 3/20/2023. (AEH)
| Judge Sheri Polster Chappell |
03/17/2023 | Sweeney v. Sinclair Custom Homes, Inc. et al 2:23-cv-00064-KCD | ORDER dismissing case. 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, deny all pending motions, terminate all scheduled events, and close the ca
| Magistrate Judge Kyle C. Dudek |
03/16/2023 | Hedges v. USAA Casualty Insurance Company 2:23-cv-00015-SPC-KCD | ORDER denying [29] Motion to Remand to State Court. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 3/16/2023. (CGW)
| Judge Sheri Polster Chappell |
03/15/2023 | Disarro v. EzriCare, LLC et al 2:23-cv-00120-SPC-KCD | ORDERED: This action is DISMISSED without prejudice. The Court's February 24, 2023, Order (Doc. [3]) constitutes a final judgment. The Clerk is DIRECTED to enter judgment, deny any pending motions as moot, terminate all deadlines, and close
| Judge Sheri Polster Chappell |
03/15/2023 | Howard v. Children's Network of Southwest Florida, L.L.C. et al 2:23-cv-00062-SPC-KCD | ORDERED: Defendants' Request for Clarification is GRANTED. The Court dismisses only Count I of the Complaint. Counts II, III, and IV survive as originally pled. Plaintiff must file an amended complaint consistent with this Order and the pr
| Judge Sheri Polster Chappell |
03/15/2023 | Saito v. Collier County Municipal Corporation et al 2:22-cv-00740-JLB-KCD | ORDER adopting [23] Report and Recommendation. Plaintiffs' Verified Petition for Temporary Injunction (Doc. [19]) is DENIED. See Order for details. Signed by Judge John L. Badalamenti on 3/15/2023. (RHG) ORDER denying [27] Verified Motion to Disqualify Magistrate Judge and [50] Verified Notice to Disqualify Judge. See Order for details. Signed by Judge John L. Badalamenti on 3/15/2023. (RHG) ORDER granting [43] Crystal K. Kinzel['s], Clerk of the Circuit Court and Comptroller of Collier County, Motion to Dismiss Amended Complaint, [48] Defendant Alexis Moffett's Motion to Dismiss Plaintiffs' Amended Complaint with Preju ORDER granting [42] Defendants' Collier County Sheriff's Office, Collier County Municipal Corporation, Edward Kelly, Byron Tomlinson and Charles Nunley's Motion to Stay. This case is STAYED pending resolution of the criminal case.
| Judge John L. Badalamenti |
03/15/2023 | USA v. Luthmann 2:22-cr-00021-SPC-NPM | ORDERED: Defendant's Motion to Terminate Supervised Release (Doc. [5]) is DENIED. Defendant's Motion to Request for Ruling on Prospective Travel to Chicago, IL and to the Southern District of Florida (Doc. [10]) is DENIED. The Declara
| Judge Sheri Polster Chappell |
03/15/2023 | Jones v. Commissioner of Social Security 2:22-cv-00092-JRK | OPINION AND ORDER affirming the Commissioner's final decision; Clerk to enter judgment and close the file. Signed by Magistrate Judge James Klindt on 3/15/2023. (KAW)
| Magistrate Judge James Klindt |
03/14/2023 | Saito v. Collier County Municipal Corporation et al 2:22-cv-00740-JLB-KCD | ORDER re [85] MOTION to Set Aside Clerk Default filed by Thomas Sepanski. Because the motion has no certificateof service indicating that it was mailed to the pro se Plaintiffs, the Court directs the Clerk to mail a copy of the motion (Doc.
| Judge John L. Badalamenti |
03/14/2023 | Schneider 2:21-cv-00549-JES-KCD | FINDINGS OF FACT and CONCLUSIONS OF LAW. As to the Complaint for Exoneration From or Limitation of Liability [1], the Court finds that James Schneider is not entitled to limitation of liability due to his knowledge and privity, but is entitled to
| Judge John E. Steele |
03/14/2023 | Maletta v. Woodle et al 2:20-cv-01004-JES-KCD | OPINION AND ORDER granting in part [139] Bill of costs - proposed, sustaining part [140] Objection. Plaintiff shall submit a revised Bill of Costs consistent with this Order for a total of $12,223.09. The Clerk shall tax costs based on th
| Judge John E. Steele |
03/13/2023 | USA v. Flores 2:17-cr-00146-SPC-MRM | ORDERED: Defendant Kayla Flores' Amended Motion to Terminate Supervised Release (Doc. [107]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/13/2023. (AEH)
| Judge Sheri Polster Chappell |
03/13/2023 | Ireland v. Prummell et al 2:17-cv-00468-PAM-MRM | ORDER denying [144] Defendants' Unopposed Motion for Entry of Final Cost Judgment. Signed by Judge Paul A. Magnuson on 3/13/2023. (LMF)
| Judge Paul A. Magnuson |
03/11/2023 | Iannotta v. L'Olivo South Avenue, LLC et al 2:22-cv-00608-JLB-KCD | ORDER denying [25] Motion to Compel. Signed by Magistrate Judge Kyle C. Dudek on 3/11/2023. (Dudek, Kyle)
| Judge John L. Badalamenti |
03/10/2023 | CareerStaff Unlimited, LLC v. Port Charlotte OPCO, LLC 2:23-cv-00109-SPC-KCD | ORDERED: The amended complaint (Doc. [7]) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint by March 18, 2023. Failure to do so will cause the Court to close this case without further
| Judge Sheri Polster Chappell |
03/10/2023 | Kerr v. Commissioner of Social Security 2:22-cv-00148-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [17]) is ACCEPTED and ADOPTED, and the findings incorporated here. The Clerk is DIRECTED to enter judgment, deny any pending motions as moot, termin
| Judge Sheri Polster Chappell |
03/10/2023 | Toonen v. Commissioner of Social Security 2:21-cv-00936-DNF | OPINION AND ORDER reversing and remanding this action to the Commissioner. The Clerk of Court is directed to enter judgment consistent with this opinion, terminate any motions and deadlines, and afterward close the file. Signed by Magistrate Jud
| Magistrate Judge Douglas N. Frazier |
03/10/2023 | USA v. Sereme 2:11-cr-00097-JES-NPM | OPINION AND ORDER denying [825] Motion for a Sentence Reduction and/or Modification of Sentence as to Jude Sereme (1). Signed by Judge John E. Steele on 3/10/2023. (RKR)
| Judge John E. Steele |
03/08/2023 | Walls v. Lee Memorial Health System 2:23-cv-00150-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 3/8/2023. (AEH)
| Judge John E. Steele |
03/08/2023 | Howard v. Children's Network of Southwest Florida, L.L.C. et al 2:23-cv-00062-SPC-KCD | ORDERED: Defendants' Motion to Dismiss Plaintiff's Complaint (Doc. [9]), is GRANTED in part and DENIED in part. It is GRANTED to the extent that Count I is DISMISSED without prejudice. Plaintiff may file an amended complaint in complia
| Judge Sheri Polster Chappell |
03/08/2023 | Dominguez et al v. Velocity Service Group, FL, LLC 2:22-cv-00803-KCD | ORDER dismissing case re [12] Stipulation of Dismissal. 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, deny all pending motions, terminate all
| Magistrate Judge Kyle C. Dudek |
03/08/2023 | The Dellutri Law Group, P.A. v. Allied Insurance Company of America 2:22-cv-00442-JLB-KCD | ORDER granting in part and denying in part [13] Plaintiff's Motion to Remand. This matter is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida. Plaintiff's request for attorney's fees a
| Judge John L. Badalamenti |
03/07/2023 | Kroft v Snider et al 2:22-cv-00725-JES-KCD | OPINION AND ORDER revoking in forma pauperis status and Kroft must pay $402 within 60 days; dismissing case without prejudice. The Clerk shall enter judgment and close the case. Signed by Judge John E. Steele on 3/7/2023. (RKR)
| Judge John E. Steele |
03/07/2023 | Southern-Owners Insurance Company v. P&T Lawn and Tractor Service, Inc. et al 2:22-cv-00439-JES-NPM | OPINION AND ORDER granting in part and denying in part [21] Peter Zielinski's Motion to Dismiss/Stay; granting in part and denying in part [22] P & T Lawn and Tractor Service, Inc.'s Motion to Dismiss/Stay; granting in part and denying
| Judge John E. Steele |
03/07/2023 | Evanston Insurance Company v. Stan Weeks & Associates, Inc 2:21-cv-00508-JES-KCD | OPINION and ORDER granting [40] Evanston Insurance Company's Motion for Summary Judgment; denying [59] Stan Weeks & Associates, Inc.'s Motion for Summary Judgment. The Clerk shall enter judgment accordingly and shall terminate all pend
| Judge John E. Steele |
03/06/2023 | USA v. Martinez-Gutierrez 2:22-cr-00102-SPC-KCD | JUDGMENT as to Gerardo Martinez-Gutierrez, Count 1, Imprisonment: 6-MONTHS; Supervised Release: Not imposed: Special Assessment: $100; remand to the custody of the U.S. Marshal. Signed by Judge Sheri Polster Chappell on 3/6/2023. (AEH)
| Judge Sheri Polster Chappell |
03/06/2023 | USA v. Harrelson 2:20-cr-00003-SPC-NPM | JUDGMENT as to Robert Steven Harrelson, Count 1, Imprisonment: 262-MONTHS, such term shall run concurrently with the defendant's undischarged terms of imprisonment imposed pursuant to the judgments entered in Pinellas County Circuit Court D
| Judge Sheri Polster Chappell |
03/06/2023 | USA v. Zwiefelhofer 2:19-cr-00150-SPC-NPM | ORDERED: The United States' Second Motion in Limine to Admit Statements Against Interest and Adoptive Admissions (Doc. [130]) is GRANTED in part and DENIED in part as consistent with this Opinion and Order. Signed by Judge Sheri Polster Chap
| Judge Sheri Polster Chappell |
03/02/2023 | Orso v. Disner et al 2:21-mc-00014-JLB-KCD | ORDER granting [36] Motion for Writ of Garnishment; granting [37] Motion for Writ of Garnishment. The Clerk of Court is directed to issue the proposed writs (Doc. 36-1, Doc. 37-1.). Signed by Magistrate Judge Kyle C. Dudek on 3/2/2023. (CGW
| Judge John L. Badalamenti |
03/01/2023 | Bahia Bowls Franchising, LLC et al v. JDS LLC et al 2:23-cv-00094-JLB-NPM | ORDER granting in part [6] Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction. Plaintiffs' motion is granted to the extent that Defendants are temporarily restrained from engaging in certain activities as expl
| Judge John L. Badalamenti |
03/01/2023 | Saito v. Collier County Municipal Corporation et al 2:22-cv-00740-JLB-KCD | ORDER granting [70] Motion to Stay Discovery pending a decision on whether this case will be dismissed. The Clerk is directed to add a stay flag to the docket. Signed by Magistrate Judge Kyle C. Dudek on 3/1/2023. (CGW)
| Judge John L. Badalamenti |
03/01/2023 | Cherdak v. Cottone et al 2:22-cv-00634-SPC-NPM | ORDERED: Plaintiff's Motion for Relief from Judgment (Doc. [37]) is DENIED. Plaintiff's Motion for Relief from Judgment (Doc. [40]) is DENIED. Plaintiff's Motion for Hearing on Motion for Relief from Judgment (Doc. [38]) is DENIED
| Judge Sheri Polster Chappell |
03/01/2023 | USA v. Bakogiannis 2:22-cr-00071-SPC-NPM | United States' Motion for Preliminary Order of Forfeiture (Doc. [64]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/1/2023. (AEH)
| Judge Sheri Polster Chappell |
03/01/2023 | Clements v. Commissioner of Social Security 2:22-cv-00190-MAP | OPINION AND ORDER re: [1] Complaint, [23] Commissioner's Response, [26] Plaintiff's Reply to Commissioner's Response. The decision of the Commissioner is affirmed, the Clerk is directed to enter final judgment in favor of the
| Magistrate Judge Mark A. Pizzo |
03/01/2023 | USA v. Kluge 2:22-cr-00023-SPC-NPM | ORDER granting the United States' Motion for Final Order of Forfeiture (Doc. [64]) as to Karl Patrick Kluge. Signed by Judge Sheri Polster Chappell on 3/1/2023. (AEH)
| Judge Sheri Polster Chappell |
03/01/2023 | Holland v. Commissioner of Social Security 2:21-cv-00858-KCD | ORDER denying [29] Plaintiff's Social Security Brief. The ALJ applied the correct legal standards and her conclusion that Holland was not disabled is supported by substantial evidence. The Commissioner's decision is consequently affir
| Magistrate Judge Kyle C. Dudek |
03/01/2023 | Storey v. Capital Link Management, LLC 2:21-cv-00293-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [72]) is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiff Storey's Motion for an Award of Costs and Attorneys' Fees (Do
| Judge Sheri Polster Chappell |
02/28/2023 | Williams v. Commissioner of Social Security 2:22-cv-00495-KCD | ORDER granting [18] Motion to Remand to Social Security Administration. The 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 DIRECTED t
| Magistrate Judge Kyle C. Dudek |
02/28/2023 | Dagostino v. Federal Express Corporation et al 2:22-cv-00447-JES-KCD | ORDER granting [29] Motion to Compel discovery responses. By March 10, 2023, Plaintiff must serve full and complete responses to the outstanding discovery requests and show cause why the Court should not award Defendants reasonable expenses, i
| Judge John E. Steele |
02/28/2023 | USA v. Grimes 2:22-cr-00049-SPC-NPM | ORDER granting the United States' Motion for a Preliminary Order of Forfeiture (Doc. [63]) as to Najour Grimes. Signed by Judge Sheri Polster Chappell on 2/28/2023. (AEH)
| Judge Sheri Polster Chappell |
02/28/2023 | Etienne v. All Seasons in Naples, LLC et al 2:22-cv-00064-JES-KCD | ORDER Lifting Stay. The Clerk is directed to mail Plaintiff a copy of the Case Management and Scheduling Order (Doc. 45) along with this Order. Plaintiff is expected to comply with the deadlines and otherwise comply with the Local Rules and Feder
| Judge John E. Steele |
02/28/2023 | USA v. Washington 2:21-cr-00070-SPC-KCD | ORDER granting the United States' Motion for a Preliminary Order of Forfeiture (Doc. [63]) as to Shaborn Washington (1). Signed by Judge Sheri Polster Chappell on 2/28/2023. (AEH)
| Judge Sheri Polster Chappell |
02/28/2023 | Family Health Centers of Southwest Florida, Inc. v. Marstiller et al 2:21-cv-00278-SPC-NPM | ORDERED: Plaintiff's Motion for Summary Judgment (Doc. [63]) is GRANTED. Defendant Simone Marstiller's Motion for Summary Judgment (Doc. [65]) is DENIED. Plaintiff Family Health Centers of Southwest Florida Inc.'s Unopposed Reque
| Judge Sheri Polster Chappell |
02/27/2023 | A.D. v. Holistic Health Healing Inc. 2:22-cv-00641-JES-NPM | OPINION AND ORDER granting [15] Motion to Dismiss or to Strike. The motion to dismiss is granted and the Complaint is dismissed without prejudice to filing an Amended Complaint within 14 days and without paragraph one, which is stricken. Signe
| Judge John E. Steele |
02/27/2023 | USA v. Ramirez-Miguel 2:22-cr-00088-SPC-NPM | JUDGMENT as to Leobany Ramirez-Miguel, Count 1, Imprisonment: 27-MONTHS; Supervised Release: 36-MONTHS; Special Assessment: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 2/27/2023. (AEH)
| Judge Sheri Polster Chappell |
02/27/2023 | USA v. Salazar 2:22-cr-00043-SPC-KCD | JUDGMENT as to Fernando Hidalgo Salazar, Counts 1 and 2, Imprisonment: 15-MONTHS as to Counts 1 and 2, all counts to run concurrently; Supervised Release: Not imposed; Special Assessments: $200; Remand to the custody of the United States Ma
| Judge Sheri Polster Chappell |
02/24/2023 | Disarro v. EzriCare, LLC et al 2:23-cv-00120-SPC-KCD | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint by March 10, 2023. Failure to do so will cause the Court to close this case without further notice.
| Judge Sheri Polster Chappell |
02/23/2023 | Pluviose v. PHH Mortgage Services 2:22-cv-00668-JLB-KCD | ORDER denying [18] Motion for Clerk's Default. Signed by Magistrate Judge Kyle C. Dudek on 2/23/2023. (CGW)
| Judge John L. Badalamenti |
02/23/2023 | USA v. Tisone 2:22-cr-00039-SPC-NPM | JUDGMENT as to Daniel Joseph Tisone, Counts 1, 11-12, 13, 15-17, 3-4, 5-7, and 9-10, Disposed. Counts 2, 8, 14, and 18 - Imprisonment:87-MONTHS, as to Counts 2, 8, 14 and 18, all such terms shall run concurrently to each other; Supervised Releas
| Judge Sheri Polster Chappell |
02/23/2023 | Las Brisas v. Empire Indemnity Insurance 2:21-cv-00041-KCD | ORDER granting in part and denying in part [171] Motion to Set the Amount of Supplemental Discovery Bond. Signed by Magistrate Judge Kyle C. Dudek on 2/23/2023. (CGW)
| Magistrate Judge Kyle C. Dudek |
02/23/2023 | USA v. Moore 2:18-cr-00190-SPC-MRM | ORDERED: Defendant Monique Moore's pro se Motion to Notify Court of Interest to Appeal Motion for Compassionate Release and Request for Instructions on How to Properly Proceed (Doc. [741]) is GRANTED to the extent that her appeal papers have
| Judge Sheri Polster Chappell |
02/22/2023 | CareerStaff Unlimited, LLC v. Port Charlotte OPCO, LLC 2:23-cv-00109-SPC-KCD | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint by March 8, 2023. Failure to do so will cause the Court to close this case without further notice.
| Judge Sheri Polster Chappell |
02/22/2023 | USA v. Kluge 2:22-cr-00023-SPC-NPM | JUDGMENT as to Karl Patrick Kluge, Count 1, Imprisonment: 97-MONTHS; Supervised Release: 180-MONTHS; Sex Offender Registration; Forfeiture; Restitution deferred, Restitution Hearing set May 15, 2023 at 2:00pm; defendant waives presence at hearin
| Judge Sheri Polster Chappell |
02/22/2023 | United States of America v. Faro 2:20-cv-00769-JLB-NPM | ORDER denying [50] the United States' motion to strike affirmative defenses. The clerk is directed to separately docket defendant Faro's answer (Doc. 42-1). See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/22/20
| Judge John L. Badalamenti |
02/21/2023 | Persaud Properties FL Investments, LLC v. Town of Fort Myers Beach, Florida 2:21-cv-00384-JLB-NPM | ORDER granting [37] Defendants Town of Fort Myers Beach and Roger Hernstadt's Motion to Dismiss. Plaintiff Persaud Properties FL Investments, LLC's Fourth Amended Complaint is DISMISSED with prejudice. See Order for details. The Clerk o
| Judge John L. Badalamenti |
02/17/2023 | Myers et al v. Naples Golf and Beach Club, Inc. et al 2:23-cv-00013-JES-KCD | ORDER denying [16] Motion for Reconsideration / Clarification and Incorporated Memorandum filed by Naples Property Holding Company, LLC, Naples Beach Club Phase II and III Land Trust Trustee, LLC, Naples Beach Club Land Trust Truste
| Judge John E. Steele |
02/17/2023 | Andrade v. Rambosk et al 2:22-cv-00482-JLB-KCD | ORDER denying [56] Motion to Bifurcate; denying [56] Motion to Stay Discovery. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2/17/2023. (CGW)
| Judge John L. Badalamenti |
02/17/2023 | Shemenski v. Commissioner of Social Security 2:22-cv-00351-KCD | ORDER granting [21] Unopposed MOTION for Attorney Fees pursuant to 28 U.S.C. 2412(d) filed by Nicholas Shemenski. The Court's prior ruling on this issue, inadvertently filed as a report and recommendation, is hereby vacated and th
| Magistrate Judge Kyle C. Dudek |
02/16/2023 | Wiens Capital Management, LLC et al v. Advocate Consulting Legal Group, PLLC et al 2:23-cv-00081-SPC-KCD | ORDER denying [12] Motion for leave to file under seal. Plaintiffs are DIRECTED to file an updated disclosure statement by February 22, 2023. Signed by Magistrate Judge Kyle C. Dudek on 2/16/2023. (CGW)
| Judge Sheri Polster Chappell |
02/16/2023 | Cherdak v. Cottone et al 2:22-cv-00634-SPC-NPM | ORDERED: Defendants' Renewed Motion to Dismiss (Doc. [13]) is GRANTED. The Complaint is DISMISSED with prejudice. Plaintiff's Request for Oral Argument (Doc. [17]) is DENIED as moot. The Clerk is DIRECTED to enter judgment, terminate
| Judge Sheri Polster Chappell |
02/16/2023 | Shemenski v. Commissioner of Social Security 2:22-cv-00351-KCD | VACATED per Order [23]--ORDER granting [21] Motion for Attorney Fees. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2/16/2023. (CGW) Modified on 2/17/2023 to add vacated language per [23] (SEH).
| Magistrate Judge Kyle C. Dudek |
02/15/2023 | Strike 3 Holdings, LLC v. John Doe subscriber assigned IP address 73.54.58.240 2:23-cv-00051-JES-KCD | ORDER granting in part and denying in part [8] Motion for Leave to Serve a Third Party Subpoena. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2/15/2023. (CGW)
| Judge John E. Steele |
02/15/2023 | A.D. v. Cavalier Mergersub LP et al 2:22-cv-00649-JES-NPM | OPINION and ORDER granting in part and denying in part as moot [15] Defendants' Motion to Dismiss Complaint. The Complaint is DISMISSED without prejudice. Plaintiff A.D. may file an amended complaint with FOURTEEN (14) DAYS of this OPINION
| Judge John E. Steele |
02/15/2023 | Ramsey v. Commissioner of Social Security 2:22-cv-00075-JES-NPM | OPINION AND ORDER accepting and adopting [21] Report and Recommendations; overruling [22] Objections; affirming the Decision of The Commissioner. The Clerk shall enter judgment accordingly and close the file. Signed by Judge John E. Steele on 2
| Judge John E. Steele |
02/15/2023 | United States of America et al 2:16-cv-00798-JLB-KCD | ORDER granting [47] Defendants' Partially Unopposed Motion to Dismiss. The amended complaint (Doc. [34]) is dismissed without prejudice. If Mr. Robertson intends to file a second amended complaint, he is directed to do so on or before March
| Judge John L. Badalamenti |
02/15/2023 | Stermer v. Old Republic National Title Insurance Company et al 2:21-cv-00950-JLB | OPINION AND ORDER affirming the bankruptcy court's orders. The Clerk is directed to transmit a copy of this Opinion & Order to the Clerk of the Bankruptcy Court, terminate the appeal, and close the file. See Opinion and Order for details. Sig
| Judge John L. Badalamenti |
02/15/2023 | United States of America et al v. Millennium Physician Group, LLC et al 2:16-cv-00726-JLB-KCD | ORDER granting [66] Defendants' Motion to Dismiss Relator's Complaint. Counts I and II are dismissed with prejudice. Counts III through XI are dismissed without prejudice. If Mr. Chichester-Shepperd intends to file an amended complaint,
| Judge John L. Badalamenti |
02/15/2023 | PB Legacy, Inc. v. American Mariculture, Inc. et al 2:17-cv-00009-JES-NPM | OPINION and ORDER denying [587] Defendants' Motion to Stay Execution of Judgment Pending Appeal. Signed by Judge John E. Steele on 2/15/2023. (TLP)
| Judge John E. Steele |
02/15/2023 | USA v. Felix 2:15-cr-00102-SPC-KCD | ORDERED: Defendant Cordell Felix's pro se motion titled, #Nunc Pro Tunc: Petition to Dismiss Defective Indictment for Violation of 18 U.S.C. § 922(g)(1) for which Petitioner is Actually Innocent# (Doc. [123]) is DENIED. Signed
| Judge Sheri Polster Chappell |
02/14/2023 | Saito v. Collier County Municipal Corporation et al 2:22-cv-00740-JLB-KCD | ORDER denying [71] Motion to Compel ; denying [72] Motion to Compel ; denying [73] Motion to Compel ; denying [74] Motion to Compel. Signed by Magistrate Judge Kyle C. Dudek on 2/14/2023. (CGW)
| Judge John L. Badalamenti |
02/14/2023 | Morganti v. Florida Attorney General et al 2:21-cv-00546-JES-KCD | OPINION AND ORDER denying [1] Petition for Writ of Habeas Corpus. Ground One is dismissed as unexhausted and alternatively, denied on the merits. The remaining claims are denied on the merits. The Clerk shall enter judgment in favor of Respond
| Judge John E. Steele |
02/14/2023 | Storey v. Capital Link Management, LLC 2:21-cv-00293-SPC-NPM | REPORT AND RECOMMENDATION recommending [59] plaintiff Storey's motion for attorney's fees be granted in part and denied in part. See report for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/14/2023. (BB)
| Judge Sheri Polster Chappell |
02/14/2023 | USA v. Reid 2:20-cr-00084-SPC-NPM | JUDGMENT as to Jonathan Anthony Reid, Count 1, Imprisonment: LIFE; Supervised Release: 5-YEARS; Special Assessment: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 2/14/2023. (AEH)
| Judge Sheri Polster Chappell |
02/14/2023 | Thistle Communications, LLC v. E-1 Machine, LLC 2:18-cv-00679-KCD | ORDER re [78] Notice to Appear to Event Machine filed by Thistle Communications, LLC, [79] Notice to Appear to Stephen Sholl filed by Thistle Communications, LLC. Signed by Magistrate Judge Kyle C. Dudek on 2/14/2023. (CGW)
| Magistrate Judge Kyle C. Dudek |
02/14/2023 | USA v. Saez 2:18-cr-00069-SPC-MRM | ORDERED: Petitioner's Amended Memorandum of Law in Support of Motion to Vacate, Set Aside or Correct Sentence, Pursuant to 28 U.S.C. § 2255 (Doc. 12) is DENIED. Petitioner's Memorandum of Law in Support of Motion to Vacate, Set Asid
| Judge Sheri Polster Chappell |
02/14/2023 | USA v. Felton 2:15-cr-00042-SPC-KCD | ORDERED: Defendant Tavares Felton's Motion (Doc. [138]) is DENIED. Signed by Judge Sheri Polster Chappell on 2/14/2023. (AEH)
| Judge Sheri Polster Chappell |
02/13/2023 | USA v. Bakogiannis 2:22-cr-00071-SPC-NPM | ORDER adopting CORRECTED Report and Recommendations on Plea of Guilty as to Charles Bakogiannis (Doc. [63]). Signed by Judge Sheri Polster Chappell on 2/13/2023. (AEH)
| Judge Sheri Polster Chappell |
02/13/2023 | Corbin et al v. Prummell, Jr. et al 2:22-cv-00394-JES-KCD | OPINION AND ORDER granting [36] Motion to Dismiss and Count III is dismissed as to Roguska; granting [54] Motion to Dismiss and Count XV is dismissed as to Davidson; granting in part and denying in part [58] Motion to Dismiss as to Williams; gr
| Judge John E. Steele |
02/13/2023 | Wolff v. Commissioner of Social Security 2:22-cv-00177-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [25]) 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 |
02/10/2023 | Saint-Fleur v. Amazon.Com Services LLC 2:22-cv-00833-SPC-KCD | ORDER granting in part [8] Defendant's Motion to Dismiss for Improper Venue or Transfer to the extent that this case is transferred to the Eastern District of Kentucky, Lexington Division. The motion is denied to the extent that it seeks any
| Judge Sheri Polster Chappell |
02/10/2023 | Saito v. Collier County Municipal Corporation et al 2:22-cv-00740-JLB-KCD | ORDER denying [68] Plaintiffs' Motion to Strike Defendant's Motion to Dismiss (Doc. [67]). Signed by Magistrate Judge Kyle C. Dudek on 2/10/2023. (BLW)
| Judge John L. Badalamenti |
02/09/2023 | Difour et al v. Collier County, Florida et al 2:22-cv-00786-JLB-KCD | ORDER denying [12] Motion to Strike Notice of Appearance. Signed by Magistrate Judge Kyle C. Dudek on 2/9/2023. (CGW)
| Judge John L. Badalamenti |
02/09/2023 | Smith et al v. REV Group, Inc. et al 2:22-cv-00742-JES-NPM | OPINION and ORDER granting in part and denying in part [12] Freightliner Custom Chassis Corporation's Motion to Dismiss, or, In The Alternative Motion For a More Definite Statement and Incorporated Memorandum of Law; denying as moot [19] RE
| Judge John E. Steele |
02/09/2023 | In re: Parasailing, Inc, as Owner of the 2002 31' CWS Ocean Pro, Bearing Hull Identification No. CNXO0006D202 2:22-cv-00503-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [19]) is ACCEPTED and ADOPTED and the findings incorporated herein. The Petitioner's Motion for Default Judgment against Unknown Claimants (Doc.
| Judge Sheri Polster Chappell |
02/09/2023 | Yormak v. Yormak 2:21-cv-00725-JES | OPINION AND ORDER denying [19] Motion for Reconsideration filed by Steven R. Yormak. Signed by Judge John E. Steele on 2/9/2023. (RKR)
| Judge John E. Steele |
02/09/2023 | Yormak v. Yormak 2:21-cv-00390-JES | OPINION AND ORDER denying [18] Motion for Reconsideration filed by Steven R. Yormak. Signed by Judge John E. Steele on 2/9/2023. (RKR)
| Judge John E. Steele |
02/09/2023 | Yormak v. Tardif 2:20-cv-00385-JES | OPINION AND ORDER denying [45] Motion for Reconsideration filed by Steven R. Yormak. Signed by Judge John E. Steele on 2/9/2023. (RKR)
| Judge John E. Steele |
02/09/2023 | Yormak v. Tardif 2:20-cv-00384-JES | OPINION AND ORDER denying [45] Motion for Reconsideration filed by Steven R. Yormak. Signed by Judge John E. Steele on 2/9/2023. (RKR)
| Judge John E. Steele |
02/08/2023 | Amerisure Mutual Insurance Company v. Mammoth Constructors, LLC et al 2:23-cv-00067-SPC-NPM | ORDERED: The Amended Complaint (Doc. [6]) is DISMISSED without prejudice. 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 2/7/2023. (AEH)
| Judge Sheri Polster Chappell |
02/08/2023 | USA v. Bron 2:15-cr-00022-SPC-KCD | The motion to transfer case (Doc. [133]) is GRANTED. It is ORDERED that this case is TRANSFERRED to the Honorable Virginia M. Hernandez Covington in the Tampa Division, with her consent, for all future proceedings. Signed by Judge Sheri Polster
| Judge Sheri Polster Chappell |
02/07/2023 | Durham v. Seacrest Country Day School et al 2:22-cv-00732-SPC-KCD | ORDERED: Defendants' Motion to Dismiss Plaintiff's Complaint (Doc. [12]), is GRANTED to the extent Plaintiff's Complaint (Doc. [1]) is a shotgun pleading. Plaintiffs' Complaint (Doc. [1]) is DISMISSED without prejudice. Plain
| Judge Sheri Polster Chappell |
02/07/2023 | Castillo v. Commissioner of Social Security 2:22-cv-00510-KCD | ORDER granting [20] Motion to Remand. The 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 DIRECTED to enter judgment, terminate all deadli
| Magistrate Judge Kyle C. Dudek |
02/06/2023 | USA v. Bland 2:22-cr-00016-SPC-KCD | JUDGMENT as to Jeremiah Eugene Bland, Count 1, Imprisonment: TIME-SERVED; Supervised Release: 24-MONTHS; Restitution: $9,925; No contact with victim; Special Assessments: $100; remand to the United States Marshal for processing. Signed
| Judge Sheri Polster Chappell |
02/06/2023 | Dero Roofing, LLC v. Triton, Inc 2:21-cv-00688-SPC-KCD | ORDERED: Defendant Triton, Inc.'s Motion for Joinder (Doc. [80]) is GRANTED. Defendant BASF Corporation's Motion to Dismiss the Fifth Amended Complaint (Doc. [79]) is GRANTED in part and DENIED in part. The Motion is granted to the ext
| Judge Sheri Polster Chappell |
02/06/2023 | USA v. Nash 2:21-cr-00073-SPC-KCD | JUDGMENT as to Julia Christina Nash, Count 1, Probation: 5-YEARS; 180-days home detention; Restitution: $23,550.00; Forfeiture; Special Assessment: $100. Signed by Judge Sheri Polster Chappell on 2/6/2023. (AEH)
| Judge Sheri Polster Chappell |
02/06/2023 | Saez v. United States of America 2:21-cv-00531-SPC-NPM | ORDER denying [12] Amended Motion to Vacate, Set Aside or Correct Sentence Pursuant to 28 U.S.C. § 2255; directing the Clerk to enter judgment in favor of Respondent in the civil case and to close the case. Signed by Judge Sheri Polster Chapp
| Judge Sheri Polster Chappell |
02/06/2023 | Allen v. First UNUM Life Insurance Company et al 2:18-cv-00069-JES-KCD | OPINION and ORDER granting [271] Defendants' Motion for Summary Judgment on Counts I and II of the Fourth Amended Complaint. The Clerk shall enter judgment as follows: (a) In favor of defendants Provident Life and Casualty Insurance Company
| Judge John E. Steele |
02/03/2023 | Amerisure Mutual Insurance Company v. Mammoth Constructors, LLC et al 2:23-cv-00067-SPC-NPM | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice. Plaintiff may FILE an amended complaint on or before February 10, 2023. Failure to do so will cause the Court to close this case without further notice. Signed by Judge Sheri Pol
| Judge Sheri Polster Chappell |
02/03/2023 | Elverd et al 2:22-cv-00031-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [33]) is ACCEPTED and ADOPTED and the findings incorporated herein. The Petitioner's Motion for Entry of Final Default Judgment Against Non-Re
| Judge Sheri Polster Chappell |
02/03/2023 | Van Drie v. Knauf Gips KG et al 2:21-cv-00895-SPC-DAB | ORDER. The report and recommendation (Doc. [50]) is affirmed and adopted and incorporated by reference into this Order for all purposes, including appellate review. #Defendants' Motion for Summary Judgment on Issues Particular to This C
| Judge Sheri Polster Chappell |
02/03/2023 | Timmons v. Knauf Gips KG et al 2:21-cv-00894-JLB-DAB | ORDER. The report and recommendation (Doc. [51]) is affirmed and adopted and incorporated by reference into this Order for all purposes, including appellate review. #Defendants' Motion for Summary Judgment on Issues Particular to This C
| Judge John L. Badalamenti |
02/03/2023 | Russo et al v. Knauf Gips KG et al 2:21-cv-00893-SPC-DAB | ORDER. The report and recommendation (Doc. [52]) is affirmed and adopted and incorporated by reference into this Order for all purposes, including appellate review. #Defendants' Motion for Summary Judgment on Issues Particular to This C
| Judge Sheri Polster Chappell |
02/03/2023 | Rigopoulos et al v. Knauf Gips KG et al 2:21-cv-00892-SPC-DAB | ORDER. The report and recommendation (Doc. [52]) is affirmed and adopted and incorporated by reference into this Order for all purposes, including appellate review. #Defendants' Motion for Summary Judgment on Issues Particular to This
| Judge Sheri Polster Chappell |
02/03/2023 | MCF Enterprises, Inc. v. Knauf Gips KG et al 2:21-cv-00891-JLB-DAB | ORDER. The report and recommendation (Doc. [48]) is affirmed and adopted and incorporated by reference into this Order for all purposes, including appellate review. #Defendants' Motion for Summary Judgment on Issues Particular to This
| Judge John L. Badalamenti |
02/03/2023 | CDO Investments, LLC v. Knauf Gips KG et al 2:21-cv-00888-JLB-DAB | ORDER. The report and recommendation (Doc. [51]) is affirmed and adopted and incorporated by reference into this Order for all purposes, including appellate review. #Defendants' Motion for Summary Judgment on Issues Particular to This C
| Judge John L. Badalamenti |
02/02/2023 | Gibson v. Nesbit 2:22-cv-00729-SPC-NPM | ORDERED. This action is DISMISSED without prejudice for failure to prosecute. See M.D. Fla. 3.10. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment against Plaintiff, and close this case. Signed by Judge Sher
| Judge Sheri Polster Chappell |
02/02/2023 | USA v. Bakogiannis 2:22-cr-00071-SPC-NPM | CORRECTED REPORT AND RECOMMENDATION Concerning Plea of Guilty re: count Four of the Indictment as to Charles Bakogiannis. Signed by Magistrate Judge Nicholas P. Mizell on 2/2/2023. (WRW) Modified on 2/13/2023 to correct title of doc
| Judge Sheri Polster Chappell |
02/02/2023 | Santiago v. Concierge Senior Living, LLC 2:22-cv-00021-KCD | ORDER dismissing case re [44] Settlement/Trial report. This matter is dismissed with prejudice and the Clerk is directed to enter judgment, terminate all deadlines, and close the case. Signed by Magistrate Judge Kyle C. Dudek on 2/2/2023. (CGW)
| Magistrate Judge Kyle C. Dudek |
02/02/2023 | USA v. Mink 2:21-cr-00101-SPC-NPM | AMENDED JUDGMENT as to Matthew Garrett Mink, Counts 1, 2, 3, 5, 9-12, Dismissed.; Counts 4, 6, 7, 8, Imprisonment: 51-MONTHS as to Counts 4, 6, 7, and 8, all terms to run concurrently; Supervised Release: 3-YEARS, as to Counts 4, 6, 7, and 8 to r
| Judge Sheri Polster Chappell |
02/01/2023 | Amerisure Mutual Insurance Company v. Mammoth Constructors, LLC et al 2:23-cv-00067-SPC-NPM | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice. Plaintiff may FILE an amended complaint on or before February 8, 2023. Failure to do so will cause the Court to close this case without further notice. Signed by Judge Sheri Po
| Judge Sheri Polster Chappell |
02/01/2023 | LeClair v. Secretary, Department of Corrections et al 2:21-cv-00752-JES-NPM | OPINION AND ORDER dismissing [1] Petition for Writ of Habeas Corpus with prejudice as time barred. The Clerk shall enter judgment and close the case. A certificate of appealability is denied. Signed by Judge John E. Steele on 2/1/2023. (RKR) <
| Judge John E. Steele |
01/31/2023 | Sheets v. Bell 2:23-cv-00035-JLB-KCD | ORDER denying without prejudice [8] Motion to Receive Notices of Electronic Filings. Signed by Magistrate Judge Kyle C. Dudek on 1/31/2023. (CGW)
| Judge John L. Badalamenti |
01/31/2023 | Vest v. Knauf Gips KG et al 2:21-cv-00896-JLB-DAB | ORDER. The #Report and Recommendation on Motion for Partial Summary Judgment on Issues Common to All Cases# (Doc. [44]) is adopted in part and deferred in part. #Defendants' Motion for Partial Summary Judgment as to Issues Com
| Judge John L. Badalamenti |
01/31/2023 | Van Drie v. Knauf Gips KG et al 2:21-cv-00895-SPC-DAB | ORDER. The #Report and Recommendation on Motion for Partial Summary Judgment on Issues Common to All Cases# (Doc. [49]) is adopted in part and deferred in part. #Defendants' Motion for Partial Summary Judgment as to Issues Co
| Judge Sheri Polster Chappell |
01/31/2023 | Timmons v. Knauf Gips KG et al 2:21-cv-00894-JLB-DAB | ORDER. The #Report and Recommendation on Motion for Partial Summary Judgment on Issues Common to All Cases# (Doc. [50]) is adopted in part and deferred in part. #Defendants' Motion for Partial Summary Judgment as to Issues Com
| Judge John L. Badalamenti |
01/31/2023 | Russo et al v. Knauf Gips KG et al 2:21-cv-00893-SPC-DAB | ORDER. The #Report and Recommendation on Motion for Partial Summary Judgment on Issues Common to All Cases# (Doc. [51]) is adopted in part and deferred in part. #Defendants' Motion for Partial Summary Judgment as to Issues Com
| Judge Sheri Polster Chappell |
01/31/2023 | Rigopoulos et al v. Knauf Gips KG et al 2:21-cv-00892-SPC-DAB | ORDER. The #Report and Recommendation on Motion for Partial Summary Judgment on Issues Common to All Cases# (Doc. [51]) is adopted in part and deferred in part. #Defendants' Motion for Partial Summary Judgment as to Issues Com
| Judge Sheri Polster Chappell |
01/31/2023 | MCF Enterprises, Inc. v. Knauf Gips KG et al 2:21-cv-00891-JLB-DAB | ORDER. The #Report and Recommendation on Motion for Partial Summary Judgment on Issues Common to All Cases# (Doc. [47]) is adopted in part and deferred in part. #Defendants' Motion for Partial Summary Judgment as to Issues Co
| Judge John L. Badalamenti |
01/31/2023 | Laremore v. Knauf Gips KG et al 2:21-cv-00890-SPC-DAB | ORDER. The #Report and Recommendation on Motion for Partial Summary Judgment on Issues Common to All Cases# (Doc. [48]) is adopted in part and deferred in part. #Defendants' Motion for Partial Summary Judgment as to Issues Com
| Judge Sheri Polster Chappell |
01/31/2023 | Judge v. Knauf Gips KG et al 2:21-cv-00889-JES-DAB | ORDER. The #Report and Recommendation on Motion for Partial Summary Judgment on Issues Common to All Cases# (Doc. [44]) is adopted in part and deferred in part. #Defendants' Motion for Partial Summary Judgment as to Issues Com
| Judge John E. Steele |
01/31/2023 | CDO Investments, LLC v. Knauf Gips KG et al 2:21-cv-00888-JLB-DAB | ORDER. The #Report and Recommendation on Motion for Partial Summary Judgment on Issues Common to All Cases# (Doc. [50]) is adopted in part and deferred in part. #Defendants' Motion for Partial Summary Judgment as to Issues Co
| Judge John L. Badalamenti |
01/31/2023 | Blevins v. Knauf Gips KG et al 2:21-cv-00887-JLB-DAB | ORDER. The #Report and Recommendation on Motion for Partial Summary Judgment on Issues Common to All Cases# (Doc. [52]) is adopted in part and deferred in part. #Defendants' Motion for Partial Summary Judgment as to Issues Com
| Judge John L. Badalamenti |
01/31/2023 | Maletta v. Woodle et al 2:20-cv-01004-JES-KCD | OPINION and ORDER denying Defendants' [115] Motion for Sanctions Under Federal Rule of Civil Procedure 11. Signed by Judge John E. Steele on 1/31/2023. (TLP)
| Judge John E. Steele |
01/30/2023 | Cala v. Moorings Park Community Health, Incorporated 2:22-cv-00635-JES-KCD | OPINION and ORDER granting Defendant's [16] Motion for Reconsideration of Portion of Court Order [15] Denying Motion to Dismiss Count IV. Count IV of Plaintiff's Complaint is dismissed without prejudice. Plaintiff is granted leave to
| Judge John E. Steele |
01/30/2023 | USA v. Garcia 2:22-cr-00096-SPC-NPM | JUDGMENT as to Arnulfo Garcia, Count 1, Imprisonment: TIME-SERVED; Supervised Release: No term imposed; Special Assessment: $100; remand to the United States Marshal for processing to the Bureau of Immigration and Customs Enforcement. Signe
| Judge Sheri Polster Chappell |
01/30/2023 | USA v. Ortiz-Portillo 2:22-cr-00083-SPC-NPM | JUDGMENT as to Melvin Ortiz-Portillo, Count 1, Imprisonment: TIME-SERVED; Supervised Release: No term imposed; Special Assessment: $100; remand to the United States Marshal for processing to the Bureau of Immigration and Customs Enforcement
| Judge Sheri Polster Chappell |
01/30/2023 | Dooley v. National Specialty Insurance Company 2:22-cv-00440-JLB-NPM | ORDER denying [14] Plaintiff's Motion to Remand. See Order for details. Signed by Judge John L. Badalamenti on 1/30/2023. (RHG)
| Judge John L. Badalamenti |
01/30/2023 | USA v. Diaz-Mendez 2:22-cr-00063-SPC-KCD | JUDGMENT as to Bernardino Elber Bartolon-Perez, aka Hermundo Diaz-Mendez, Count 1, Imprisonment: TIME-SERVED; Supervised Release: No term imposed; Special Assessment: $100; remand to the United States Marshal for processing to the Bureau of
| Judge Sheri Polster Chappell |
01/30/2023 | USA v. Lewis 2:22-cr-00058-SPC-NPM | JUDGMENT as to Diante Jarrel Lewis, Count 1-2, 3, Imprisonment: 188-MONTHS as to each count, all counts to run concurrently; Supervised Release: 36-MONTHS as to Count One and Count Two, 48-MONTHS as to Count Three, all terms to run concurrently
| Judge Sheri Polster Chappell |
01/30/2023 | Koehler v. Commissioner of Social Security 2:22-cv-00210-JES-KCD | OPINION AND ORDER overruling [21] Objections, accepting and adopting [20] Report and Recommendations as supplemented. The Decision of the Commissioner is affirmed. The Clerk shall enter judgment and close the file. Signed by Judge John E. Stee
| Judge John E. Steele |
01/27/2023 | Cruz v. Walmart Stores East, LP 2:22-cv-00692-SPC-NPM | ORDERED: Defendant Walmart's Motion to Dismiss John Doe (Doc. [14]) is GRANTED. Plaintiff's Complaint against John Doe store manager is DISMISSED without prejudice for failure to serve process under Fed. R. Civ. P. 4(m). Plaintiff Cruz&
| Judge Sheri Polster Chappell |
01/27/2023 | Nationwide Judgment Recovery, Inc. v. Santisteban 2:22-mc-00012-JLB-KCD | ORDER granting [21] Motion for Writ of Garnishment; granting [22] Motion for Writ of Garnishment. The Clerk of Court is directed to issue the proposed writs (Doc. 21-1, Doc. 22-1.). Signed by Magistrate Judge Kyle C. Dudek on 1/27/2023. (CGW
| Judge John L. Badalamenti |
01/27/2023 | Victor v. T-Mobile US, Inc. et al 2:22-cv-00438-SPC-NPM | ORDERED: Plaintiff Kim Victor's claims against Sprint Corporation and CenturyLink, Inc. are DISMISSED WITH PREJUDICE. Victor's claims against T-Mobile US, Inc. and Deutsche Telecom AG are DISMISSED WITHOUT PREJUDICE. Counts II, III, IV
| Judge Sheri Polster Chappell |
01/27/2023 | Wolff v. Commissioner of Social Security 2:22-cv-00177-SPC-NPM | REPORT AND RECOMMENDATION recommending the decision of the Commissioner be AFFIRMED and the clerk of court be directed to enter judgment in the Commissioner's favor. See report for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/2
| Judge Sheri Polster Chappell |
01/27/2023 | Mommens v. Commissioner of Social Security 2:21-cv-00952-SPC-KCD | ORDERED: United States Magistrate Judge Kyle Dudek's Report and Recommendation (Doc. [22]) is ACCEPTED and ADOPTED, and the findings incorporated here. Plaintiff's Objections to the United States Magistrate Judge's Report and Rec
| Judge Sheri Polster Chappell |
01/27/2023 | Schneider 2:21-cv-00549-JES-KCD | Final Pre-Trial Conference Order. A bench trial in this matter is scheduled to commence on February 8, 2023, at 9:00 a.m. Signed by Judge John E. Steele on 1/27/2023. (TLP)
| Judge John E. Steele |
01/26/2023 | Davis v. Davis 2:23-cv-00057-SPC-NPM | ORDERED: Plaintiff Theodore K. Davis, Jr.'s Removal of Civil Actions and Motion to Vacate Judgement is DISMISSED for lack of jurisdiction. Plaintiff Theodore K. Davis, Jr.'s Emergency Motion for Preliminary Injunction against Garnishme
| Judge Sheri Polster Chappell |
01/26/2023 | Lozada et al v. Shuguli et al 2:22-cv-00779-KCD | ORDER dismissing case. This action is dismissed 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 1/26/2023. (CGW) <
| Magistrate Judge Kyle C. Dudek |
01/26/2023 | Hanzevack v. Diversified Yacht Services, Inc. et al 2:22-cv-00364-JLB-NPM | ORDER denying [15] Defendants' Partial Motion to Dismiss Count's [sic] II, III, IV, VI, and VIII of Plaintiff's Amended Complaint. See Order for details. Signed by Judge John L. Badalamenti on 1/26/2023. (RHG)
| Judge John L. Badalamenti |
01/26/2023 | Thistle Communications, LLC v. E-1 Machine, LLC 2:18-cv-00679-KCD | ORDER granting in part and denying in part [72] Motion for Proceedings Supplementary to Execution and to Implead Third-Party Defendants. See Order for details. Signed by Magistrate Judge Kyle C. Dudek on 1/26/2023. (CGW)
| Magistrate Judge Kyle C. Dudek |
01/25/2023 | Behl v. Secreatry, Department of Corrections 2:22-cv-00799-JES-NPM | OPINION AND ORDER denying [1] Emergency Petition for Writ of Habeas Corpus. The Clerk shall terminate all deadlines, enter judgment for respondent, and close the case. Signed by Judge John E. Steele on 1/25/2023. (RKR)
| Judge John E. Steele |
01/24/2023 | Saito v. Collier County Municipal Corporation et al 2:22-cv-00740-JLB-KCD | ORDER denying [44] Motion to show authority; denying [45] Motion to show authority; denying [46] Motion to show authority. Signed by Magistrate Judge Kyle C. Dudek on 1/24/2023. (CGW)
| Judge John L. Badalamenti |
01/24/2023 | JTH Tax LLC v. Ardolino et al 2:22-cv-00457-SPC-KCD | ORDERED: The Court GRANTS the parties' Joint Motion for Entry of Stipulated Injunction and for Dismissal (Doc. [56]), with the exception that it declines to reserve jurisdiction to enforce the parties' settlement agreement. Terms used
| Judge Sheri Polster Chappell |
01/23/2023 | Tusha v. E2Company et al 2:23-cv-00042-SPC-KCD | ORDERED: Plaintiff Tusha's Complaint (Doc. [1]) is DISMISSED without prejudice. Plaintiff may file an amended complaint on or before February 6, 2023. Failure to file an amended complaint will result in the Court closing this case without f
| Judge Sheri Polster Chappell |
01/23/2023 | Volunteer AG Products, LLC v. CH Robinson, Inc. et al 2:23-cv-00038-SPC-KCD | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint by February 6, 2023. Failure to do so will cause the Court to close this case without further notic
| Judge Sheri Polster Chappell |
01/23/2023 | In re: Parasailing, Inc, as Owner of the 2002 31' CWS Ocean Pro, Bearing Hull Identification No. CNXO0006D202 2:22-cv-00503-SPC-NPM | REPORT AND RECOMMENDATION recommending the court grant [18] plaintiff Parasailing, Inc.'s motion for default judgment and direct the clerk to enter a default judgment of exoneration in favor of Parasailing, Inc. against all potential claimant
| Judge Sheri Polster Chappell |
01/23/2023 | Myers v. U.S. Bank N.A. 2:22-cv-00478-JES | ORDERED: Appellee U.S. Bank N.A.'s Motion to Dismiss (Doc. [18]) is DENIED. Appellant Gregory Myers's Motion for Extension of Time (Doc. [21]) is DENIED AS MOOT. U.S. Bank N.A. is directed to file its initial response brief by February
| Judge John E. Steele |
01/19/2023 | USA v. Bell 2:20-cr-00087-SPC-NPM | ORDER granting the United States' Motion for Preliminary Order of Forfeiture as to Christopher Laveon Bell (Doc. [42]). Signed by Judge Sheri Polster Chappell on 1/19/2023. (AEH)
| Judge Sheri Polster Chappell |
01/18/2023 | USA v. Perkins 2:22-cr-00045-SPC-KCD | JUDGMENT as to Ronald Dale Perkins, Counts 1, 2, Imprisonment: 57-MONTHS, as to both Counts 1 and 2, terms shall run concurrently to each other. This term shall run consecutive to the anticipated judgment in Docket Number 21-CF-16322, Lee County
| Judge Sheri Polster Chappell |
01/18/2023 | Elverd et al 2:22-cv-00031-SPC-NPM | REPORT AND RECOMMENDATION recommending the court grant [32] plaintiffs' motion for default judgment and direct the clerk to enter a default judgment of exoneration in favor of plaintiffs against all non-appearing claimants. See report for de
| Judge Sheri Polster Chappell |
01/17/2023 | Kerr v. Commissioner of Social Security 2:22-cv-00148-SPC-NPM | REPORT AND RECOMMENDATION 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 1/17/2023.
| Judge Sheri Polster Chappell |
01/17/2023 | Ramsey v. Commissioner of Social Security 2:22-cv-00075-JES-NPM | REPORT AND RECOMMENDATION 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 1/17/2023.
| Judge John E. Steele |
01/13/2023 | The Cloisters of Naples, Inc. v. Landmark American Insurance Company 2:22-cv-00546-JLB-KCD | ORDER granting [25] Motion to Compel Appraisal and Stay. The parties are ORDERED to expeditiously conduct an appraisal as prescribed by the appraisal provisions of the insurance policy, to file joint status reports every 90 days to advise the C
| Judge John L. Badalamenti |
01/13/2023 | JTH Tax LLC v. Ardolino et al 2:22-cv-00457-SPC-KCD | ORDERED: The parties must tell the Court jointly in writing on or before January 20, 2023, how they would like to proceed given that the Court will not retain jurisdiction to enforce their Confidential Settlement Agreement. Signed by Judge Sheri
| Judge Sheri Polster Chappell |
01/13/2023 | Jenkins v. United States of America 2:22-cv-00071-SPC-KCD | ORDERED: Jarquel Jenkins' Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. [1]) is DENIED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment
| Judge Sheri Polster Chappell |
01/13/2023 | Edwards v. City of Fort Myers et al 2:19-cv-00711-SPC-NPM | ORDERED: Plaintiff Derick Edwards' Request for a Court Order and/or Assistance (Doc. [220]) is DENIED. Signed by Judge Sheri Polster Chappell on 1/13/2023. (AEH)
| Judge Sheri Polster Chappell |
01/12/2023 | Schwartz v. ADP, LLC. et al 2:21-cv-00283-SPC-KCD | ORDER denying [136] Motion for Attorney Fees; denying [136] Motion for Taxation of Costs. ; denying [136] Motion for Extension of Time to File without prejudice to refiling by January 18, 2023, remedying the problems identified in this Order.
| Judge Sheri Polster Chappell |
01/12/2023 | Sierra Club et al v. U.S. Fish and Wildlife Service et al 2:20-cv-00013-SPC-NPM | REPORT AND RECOMMENDATION recommending the court deny [105] Defendants' motion for judgment on the pleadings. See report for details. Signed by Magistrate Judge Nicholas P. Mizell on 1/12/2023. (BB)
| Judge Sheri Polster Chappell |
01/11/2023 | Shaw v. Healthpark Medical Center LLC. et al 2:22-cv-00798-SPC-NPM | ORDERED: Plaintiff Shaw's Complaint (Doc. [1]) is DISMISSED without prejudice. Plaintiff may file an amended complaint on or before January 25, 2023. Failure to file an amended complaint will result in the Court closing this case without f
| Judge Sheri Polster Chappell |
01/11/2023 | Shaw v. The Lee County Sheriff Dept. et al 2:22-cv-00793-SPC-NPM | ORDERED: Plaintiff Shaw's Complaint (Doc. [1]) is DISMISSED without prejudice. The Clerk is DIRECTED to deny any pending motions, terminate all deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 1/11
| Judge Sheri Polster Chappell |
01/11/2023 | Parisi v. Sabal Springs Homeowners Association Inc. 2:22-cv-00504-JES-KCD | OPINION AND ORDER granting in part and denying in part [24] Motion to Strike Affirmative Defenses. See Opinion and Order for details and defendant may file an Amended Answer and Affirmative Defenses within 14 days. Signed by Judge John E. Stee
| Judge John E. Steele |
01/11/2023 | Lockhart v. GreyHound Lines Inc. 2:22-cv-00473-SPC-KCD | ORDER granting [33] Motion to Remand to State Court. 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 back to state court by transmitting a ce
| Judge Sheri Polster Chappell |
01/11/2023 | Acufloor, LLC v. Eventile, Inc. et al 2:21-cv-00802-SPC-KCD | ORDER granting [104] motion for Discovery. The Joint Motion for Entry of Stipulated Order Regarding E-Discovery (Doc. 104) is GRANTED; The parties' proposed order (Doc. 104-1) is adopted and incorporated as if set forth herein. Signed by Ma
| Judge Sheri Polster Chappell |
01/11/2023 | Harris v. Cotte et al 2:21-cv-00646-SPC-NPM | ORDER denying [96] Motion for Reconsideration / Clarification re [96] MOTION for Reconsideration re [93] Order on Motion to Appoint Counsel filed by Richard Harris. Signed by Judge Sheri Polster Chappell on 1/11/2023. (AEH)
| Judge Sheri Polster Chappell |
01/11/2023 | Andrade v. Marceno et al 2:19-cv-00887-JES-NPM | OPINION and ORDER granting Defendants' [78] Motion for Summary Judgment; denying as moot the parties' [94] [95] [96] [100] [101] [106] [114] Motions in Limine. The Clerk of the Court shall enter judgment in favor of defendants Carmine
| Judge John E. Steele |
01/10/2023 | USA v. Ramirez-Romero 2:22-cr-00095-SPC-KCD | JUDGMENT as to David Ramirez-Romero, Count 1, Imprisonment: TIME-SERVED, Supervised Release: 12-MONTHS; remand to the custody of the United States Marshal for processing to the Bureau of Immigration and Customs Enforcement. Signed by Judge Sheri
| Judge Sheri Polster Chappell |
01/10/2023 | United States Fire Insurance Company v. Finemark National Bank & Trust 2:22-cv-00130-SPC-KCD | ORDERED: Defendant's Motion to Dismiss Counts 3 and 4 of Plaintiff's Second Amended Complaint and Strike Portions Thereof, or Alternatively, Motion for a More Definite Statement (Doc. [46]) is GRANTED in part. Count 3 of the Second Amend
| Judge Sheri Polster Chappell |
01/10/2023 | McNeal v. Walmart Stores East, LP 2:21-cv-00711-SPC-NPM | ORDERED: Defendant Walmart Stores East, LP's Motion for Final Summary Judgment (Doc. [33]) is GRANTED. Defendant Walmart Stores East, LP's Motion in Limine to Limit the Testimony of Plaintiff's Treating Physicians (Doc. [32]) is DE
| Judge Sheri Polster Chappell |
01/10/2023 | Edwards v. City of Fort Myers et al 2:19-cv-00711-SPC-NPM | ORDERED: Plaintiff's Request for Additional Discovery (Doc. [218]) is DENIED. Defendants' Motion for Final Summary Judgment (Doc. [212]) is GRANTED. The Clerk is DIRECTED to enter judgment, deny any pending motions, terminate all deadl
| Judge Sheri Polster Chappell |
01/09/2023 | Strike 3 Holdings, LLC v. John Doe 2:22-cv-00816-JLB-KCD | ORDER granting in part and denying in part [8] Motion leave to serve a third party subpoena. Signed by Magistrate Judge Kyle C. Dudek on 1/9/2023. (CGW)
| Judge John L. Badalamenti |
01/09/2023 | Strike 3 Holdings, LLC v. John Doe 2:22-cv-00814-JES-KCD | ORDER granting in part and denying in part [8] Motion for Leave to Serve a Third Party Subpoena. Signed by Magistrate Judge Kyle C. Dudek on 1/9/2023. (CGW)
| Judge John E. Steele |
01/09/2023 | USA v. Munguia Varela 2:22-cr-00084-SPC-KCD | JUDGMENT as to Oscar Antonio Munguia Varela, Count 1, Imprisonment: TIME-SERVED; Supervised release: 12-MONTHS; Remand to United States Marshal. Signed by Judge Sheri Polster Chappell on 1/9/2023. (AEH)
| Judge Sheri Polster Chappell |
01/09/2023 | Myers v. U.S. Bank N.A. 2:22-cv-00478-JES | ORDERED: Appellee U.S. Bank, N.A.'s Motion to Stay Deadlines Pending the Court's Ruling on Appellee's Motion to Dismiss (Doc. [19]) is DENIED. The Court ORDERS Appellant Gregory Brian Myers to respond to Appellee's Motion to D
| Judge John E. Steele |
01/09/2023 | Welsh v. Martinez et al 2:22-cv-00216-JLB-NPM | ORDER denying without prejudice the Opposed Motion for Sanctions Pursuant to Fed. R. Civ. Pro. 11 (Doc. [53]). See Order for details. Signed by Judge John L. Badalamenti on 1/9/2023. (RHG)
| Judge John L. Badalamenti |
01/09/2023 | USA v. Garcia 2:22-cr-00026-SPC-KCD | JUDGMENT as to Edgar Eduardo Garcia (1), Counts 1 & 2, Probation: 2-YEARS as to Count 1 and Count 2, counts to run concurrently to each other, provide USPS with financial information as requested, defendant to contact Colorado USPS office within
| Judge Sheri Polster Chappell |
01/06/2023 | Hamilton Staples et al v. Wood-Staples et al 2:22-cv-00157-JES | OPINION AND ORDER affirming Corrective Order Confirming Debtor's Fourth Amended Plan of Reorganization for Small Business Under Chapter 11 and Scheduling Post-Confirmation Conference. The Clerk shall transmit a copy of this Opinion and Orde
| Judge John E. Steele |
01/05/2023 | Strong v. City of Naples, et al 2:22-cv-00318-KCD | ORDER granting in part and denying in part [71] Motion to Compel. Signed by Magistrate Judge Kyle C. Dudek on 1/5/2023. (CGW)
| Magistrate Judge Kyle C. Dudek |
01/04/2023 | Manganello v. Haynes 2:22-cv-00706-JLB-NPM | ORDER dismissing the Complaint (Doc. [1]) for lack of subject matter jurisdiction and denying the Application to Proceed in District Court Without Prepaying Fees or Costs (Doc. [2]) as moot. The Clerk of Court is DIRECTED to enter judgment dismiss
| Judge John L. Badalamenti |
01/04/2023 | Cooper v. Commissioner of Social Security 2:22-cv-00303-KCD | ORDER granting [21] Motion for Attorney Fees. The Court awards Plaintiff $3,298.73 in attorney's fees and $402 in costs. This award will be paid directly to Plaintiff's counsel if the United States Department of Treasury det
| Magistrate Judge Kyle C. Dudek |
01/04/2023 | Denson v. Collier County et al 2:21-cv-00497-JES-NPM | OPINION and ORDER granting in part and denying in part Plaintiff's [83] Motion to Strike Affirmative Defenses. The Sixth and Seventeenth affirmative defenses are stricken, but the Motion is otherwise DENIED. Signed by Judge John E. Steele
| Judge John E. Steele |
01/03/2023 | Roster v. Geovera Specialty Insurance Company 2:21-cv-00806-JLB-KCD | ORDER granting in part and denying in part [37] Defendant's Motion to Strike Plaintiff's Expert Witnesses and Expert Disclosures. Plaintiff must update her disclosure for the expert witnesses already identified by January 20, 2023. It i
| Judge John L. Badalamenti |
12/30/2022 | C.T. v. Red Roof Inns, Inc. et al 2:22-cv-00834-JES-KCD | OPINION AND ORDER denying [162] Plaintiff's Motion for Leave to Appeal pursuant to 28 U.S.C. §1292(b). In accord with this Court's February 16, 2021 [127] Opinion and Order, this matter is TRANSFERRED to the Middle District of Florida.
| Judge John E. Steele |
12/30/2022 | Robbins v. Florida Cancer Specialists & Research Institute, LLC 2:22-cv-00756-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 2022-12-30. (AE
| Judge John E. Steele |
12/30/2022 | Leigh et al v. Artis-Naples, Inc. 2:22-cv-00606-JLB-KCD | ORDER denying [6] Plaintiffs' Motion for Preliminary Injunction and Supporting Memorandum of Law. See Order for details. Signed by Judge John L. Badalamenti on 2022-12-30. (LH)
| Judge John L. Badalamenti |
12/30/2022 | USA v. Smart 2:22-cr-00061-SPC-NPM | ORDER granting the United States. MOTION FOR PRELIMINARY ORDER OF FORFEITURE as to Cambrel Jamal Smart (Doc. [64]). Signed by Judge Sheri Polster Chappell on 2022-12-30. (AEH)
| Judge Sheri Polster Chappell |
12/30/2022 | USA v. Tisone 2:22-cr-00039-SPC-NPM | ORDER granting the United States' Motion for Order of Forfeiture and Preliminary Order of Forfeiture for Direct Assets as to Daniel Joseph Tisone (Doc. [68]). Signed by Judge Sheri Polster Chappell on 2022-12-30. (AEH)
| Judge Sheri Polster Chappell |
12/30/2022 | Lange v. Florida Department of Law Enforcement 2:22-cv-00099-SPC-NPM | ORDERED: The Court will take no action on Plaintiff Mark Patrick Lange's #Amended Complaint.# (Doc. [18]). If Lange wishes to pursue his claims, he must move to reopen in accordance with Fed. R. Civ. P. 60(b) or file a new case.
| Judge Sheri Polster Chappell |
12/30/2022 | USA v. Harrelson 2:20-cr-00003-SPC-NPM | ORDER granting the United States' MOTION FOR PRELIMINARY ORDER OF FORFEITURE as to Robert Steven Harrelson (Doc. [53]). Signed by Judge Sheri Polster Chappell on 2022-12-30. (AEH)
| Judge Sheri Polster Chappell |
12/29/2022 | Schwartz v. ADP, LLC. et al 2:21-cv-00283-SPC-KCD | ORDERED: Defendants' Renewed and Amended Motion for Summary Judgment (Doc. [125]) is GRANTED. The Clerk is DIRECTED to enter judgment for Defendants and to CLOSE THE CASE. Signed by Judge Sheri Polster Chappell on 2022-12-29. (AEH)
| Judge Sheri Polster Chappell |
12/29/2022 | Progressive Express Insurance Company v. Tate Transport Corporation et al 2:21-cv-00198-JES-KCD | OPINION AND ORDER denying [87] Motion for Reconsideration / Clarification re [86] Opinion and Order on Motion for Summary Judgment. Signed by Judge John E. Steele on 2022-12-29. (RKR)
| Judge John E. Steele |
12/29/2022 | USA v. Usma 2:19-cr-00133-SPC-MRM | ORDERED: Defendant Steven Usma's Motion for Reconsideration for Additional Credit (Doc. [175]) is DENIED. Signed by Judge Sheri Polster Chappell on 2022-12-29. (AEH)
| Judge Sheri Polster Chappell |
12/28/2022 | USA v. Barnes 2:15-cr-00070-JES-MRM | AMENDED JUDGMENT as to Charles C. Barnes (1). Amended only to correct clerical error in the term of supervision to reflect terms to be served concurrently, as announced on record at sentencing, and in accordance with the Court's December 13
| Judge John E. Steele |
12/27/2022 | Bassett v. United States of America 2:22-cv-00775-TPB-NPM | ORDER re [1] MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 2:20-cr-00083-TPB-NPM filed by Richard James Bassett, Jr. Having found that the motion warrants a response, the court directs the United States to respond
| Judge Thomas P. Barber |
12/27/2022 | Saito v. Collier County Municipal Corporation et al 2:22-cv-00740-JLB-KCD | REPORT AND RECOMMENDATIONS re [19] Verified PETITION for Temporary Injunction, specifically filed by Koichi Saito, Lynnea Saito. Signed by Magistrate Judge Kyle C. Dudek on 2022-12-27. (CGW)
| Judge John L. Badalamenti |
12/27/2022 | Dearing v. Massandi et al 2:22-cv-00705-SPC-KCD | ORDER dismissing case re [1] Complaint. Karmin Benito Dearing's Complaint (Doc. [1]) is DISMISSED without prejudice. The Clerk is DIRECTED to terminate all pending motions and deadlines, enter judgment for Defendants and against Plaintiff,
| Judge Sheri Polster Chappell |
12/27/2022 | Burke v. Jones et al 2:22-cv-00590-SPC-NPM | ORDER dismissing case re [1] Complaint. This above-captioned action is DISMISSED without prejudice. The Clerk is DIRECTED to enter judgment for Defendants and against Plaintiff, terminate any pending motions and deadlines, and close this case. S
| Judge Sheri Polster Chappell |
12/27/2022 | Ford v. Marceno et al 2:22-cv-00479-SPC-NPM | ORDER granting [6] Motion for Copies; granting [8] Motion for Copies. The clerk is DIRECTED to mail Ford a copy of his complaint, a blank civil-rights-complaint form marked with the case number and the title #Amended Complaint,# and a
| Judge Sheri Polster Chappell |
12/27/2022 | Dover Place Condominium Association, Inc. v Empire Indemnity Insurance Company 2:22-cv-00450-JLB-KCD | ORDER granting [27] Motion to Stay and Compel Appraisal. The parties are ordered to expeditiously conduct an appraisal as prescribed by the appraisal provisions of the insurance policy, to file joint status reports every 90 days to advise the Cou
| Judge John L. Badalamenti |
12/22/2022 | Naqui v. Millennium Home Care 2:22-cv-00805-JLB-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 2022-12-21. (AEH
| Judge John L. Badalamenti |
12/22/2022 | J.S.J Properties, Inc. v. St. George Apartments, LLC 2:22-cv-00536-JES-NPM | OPINION AND ORDER denying [15] Motion to Dismiss for Failure to State a Claim. Signed by Judge John E. Steele on 2022-12-22. (RKR)
| Judge John E. Steele |
12/22/2022 | Belanger v. Commissioner of Social Security 2:21-cv-00924-KCD | ORDER. The Court AFFIRMS the Commissioner's decision and directs the Clerk to enter judgment for the Commissioner and against Joanna Belanger and close the file. Signed by Magistrate Judge Kyle C. Dudek on 2022-12-22. (Dudek, Kyle)
| Magistrate Judge Kyle C. Dudek |
12/21/2022 | Saito v. Collier County Municipal Corporation et al 2:22-cv-00740-JLB-KCD | ORDER denying [16] Motion to Disqualify Judge. Signed by Magistrate Judge Kyle C. Dudek on 2022-12-21. (Dudek, Kyle)
| Judge John L. Badalamenti |
12/21/2022 | Aero-Docks, LLC v. ASAR, Inc. et al 2:19-cv-00348-JES-KCD | OPINION AND ORDER denying [79] Motion for Entitlement to Partial Attorney Fees. Signed by Judge John E. Steele on 2022-12-21. (RKR)
| Judge John E. Steele |
12/20/2022 | Hogan v. Commissioner of Social Security 2:22-cv-00223-KCD | ORDER affirming the Commissioner's decision and directing the Clerk to enter judgment for the Commissioner and against Donald James Hogan and close the file. Signed by Magistrate Judge Kyle C. Dudek on 2022-12-20. (Dudek, Kyle)
| Magistrate Judge Kyle C. Dudek |
12/20/2022 | USA v. Zwiefelhofer 2:19-cr-00150-SPC-NPM | ORDER regarding travel authorization as to Alex Jared Zwiefelhofer. See order for details. Signed by Judge Sheri Polster Chappell on 2022-12-20. (LMF) (Additional attachment(s) added on 2022-12-20: # (1) Main Document) (LMF).
| Judge Sheri Polster Chappell |
12/19/2022 | USA v. Gyetvay 2:21-cr-00083-TPB-NPM | ORDER: Defendant Mark A. Gyetvay's #Motion to Dismiss the Second Superseding Indictment# (Doc. [122]) is denied. See Order for details. Signed by Judge Thomas P. Barber on 2022-12-19. (ANL) ORDER: Defendant Mark A. Gyetvay's #Motion to Suppress Search Warrant Evidence# (Doc. [128]) is denied. See Order for details. Signed by Judge Thomas P. Barber on 2022-12-19. (ANL) ORDER: Defendant's objections (Doc. [141]) are overruled, and Judge Mizell's September 7, 2022, Order (Doc. [130]) shall remain the Order of the Court. See Order for details. Signed by Judge Thomas P. Barber on 2022-12-19. (ANL) <
| Judge Thomas P. Barber |
12/16/2022 | Friley v. Credit Acceptance Corporation et al 2:22-cv-00655-JES-NPM | ORDER granting [21] Plaintiff Lauren Friley and Defendant Credit Acceptance Corporation's Joint Motion to Compel Arbitration and to Stay Such Claims. All claims against Credit Acceptance Corp. are STAYED pending the outcome of arbitration.
| Judge John E. Steele |
12/15/2022 | Chase v. Jomashop, Inc. 2:22-cv-00794-SPC-KCD | ORDERED: Defendant Jomashop, Inc. must SUPPLEMENT its Notice of Removal on or before December 29, 2022, to show cause why this case should not be remanded for lack of subject-matter jurisdiction. Failure to comply with this Order will cause this
| Judge Sheri Polster Chappell |
12/14/2022 | Bruce v. Port Charlotte HMA, LLC 2:22-cv-00721-SPC-KCD | ORDERED: This action is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint by December 28, 2022. Failure to do so will cause the Court to close this case without further notice. Signed
| Judge Sheri Polster Chappell |
12/14/2022 | Whitfield v. Gateway Services Community Development District 2:22-cv-00719-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 2022-12-14. (AEH)
| Judge John E. Steele |
12/14/2022 | Lane et al v. Security National Mortgage Company et al 2:22-cv-00565-SPC-NPM | ORDERED: Plaintiffs' Complaint Against Lisa Casanova, Tamara Perrin, and Security National Mortgage Company (Doc. [1]) is DISMISSED without prejudice for failure to state a claim under Fed. R. Civ. P. 12(b)(6). Plaintiffs may file an amended
| Judge Sheri Polster Chappell |
12/14/2022 | USA v. Harris 2:22-cr-00067-SPC-KCD | ORDERED: Defendant Marvin Harris, Jr.'s Motion to Dismiss (Doc. [59]) is DENIED. Signed by Judge Sheri Polster Chappell on 2022-12-14. (AEH)
| Judge Sheri Polster Chappell |
12/13/2022 | USA v. Harris 2:22-cr-00067-SPC-KCD | ORDERED: Defendant's Motion for Recusal (Doc. [58]) is DENIED. Signed by Judge Sheri Polster Chappell on 2022-12-13. (AEH)
| Judge Sheri Polster Chappell |
12/13/2022 | Dodd v. United States of America 2:22-cv-00176-SPC-NPM | ORDERED: Defendant United States of America's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) (Doc. [9]) is DENIED. Signed by Judge Sheri Polster Chappell on 2022-12-13. (AEH)
| Judge Sheri Polster Chappell |
12/13/2022 | Mommens v. Commissioner of Social Security 2:21-cv-00952-SPC-KCD | REPORT AND RECOMMENDATION that the Commissioner's decision be affirmed and judgment be entered against Jamie Anthony Mommens. Signed by Magistrate Judge Kyle C. Dudek on 2022-12-13. (Dudek, Kyle)
| Judge Sheri Polster Chappell |
12/13/2022 | Concord at the Vineyards Condominium Association, Inc. v. Empire Indemnity Insurance Company 2:21-cv-00380-SPC-KCD | ORDERED: Defendant's Motion for Stay Order Pending Appeal (Doc. [64]) is GRANTED to the extent that the Court exercises its discretion to stay appraisal until the Eleventh Circuit decides whether it has jurisdiction to consider Empire's
| Judge Sheri Polster Chappell |
12/09/2022 | Soriano v. Experian Information Solutions, Inc., 2:22-cv-00197-SPC-KCD | ORDERED: Defendant's Objections to the Magistrate Judge's Order (Doc. [52]) are OVERRULED. Signed by Judge Sheri Polster Chappell on 12/8/2022. (AEH)
| Judge Sheri Polster Chappell |
12/07/2022 | Pfeil v. Yablonowski 2:22-cv-00242-SPC | ORDERED: The bankruptcy court's order is AFFIRMED. The Clerk is directed to enter judgment accordingly, transmit a copy of this Opinion and Order and the Judgment to the Clerk of the Bankruptcy Court, terminate the appeal, and close the file.
| Judge Sheri Polster Chappell |
12/06/2022 | Agile Journeys LLC v. The Walt Disney Company et al 2:22-cv-00766-SPC-NPM | ORDERED: The Clerk is DIRECTED to TRANSFER this action to the Orlando Division of the Middle District of Florida and CLOSE the Fort Myers case. Signed by Judge Sheri Polster Chappell on 12/6/2022. (AEH)
| Judge Sheri Polster Chappell |
12/06/2022 | Free Speech Foundation, Inc. et al v. Gold 2:22-cv-00714-SPC-NPM | ORDERED: Defendant Simone Gold's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) (Doc. [24]) is GRANTED. The Complaint (Doc. [1]) is DISMISSED without prejudice for lack of subject matter jurisdiction. The Clerk is DIRECTED to termi
| Judge Sheri Polster Chappell |
12/06/2022 | Taylor v. Commissioner of Social Security 2:22-cv-00135-DNF | ORDER granting [21] Unopposed Petition for Award of Attorney Fees Under the Equal Access to Justice Act. Attorney fees totaling $8,057.71 and costs totaling $402.00 are awarded to Plaintiff. The Clerk of Court is directed to enter an a
| Magistrate Judge Douglas N. Frazier |
12/06/2022 | United States of America et al v. Lee Memorial Health System 2:14-cv-00437-JLB-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 12/6/2022. (AE
| Judge John L. Badalamenti |
12/05/2022 | Davis v. Evanston Insurance Company et al 2:22-cv-00640-JLB-KCD | ORDER granting in part and denying in part [12] Motion to Remand to State Court. Remand is granted, but attorneys' fees are denied. If no objections are filed within 14 days of this order, which is the time allotted under Fed. R. Civ. P. 72
| Judge John L. Badalamenti |
12/05/2022 | Rendon v. Amanzar 2:22-cv-00497-JES-NPM | OPINION AND ORDER dismissing [1] Complaint without prejudice to filing an amended complaint by December 23, 2022. The Clerk shall mail Rendon a civil rights complaint form with the title #amended complaint#. Signed by Judge John E. S
| Judge John E. Steele |
12/05/2022 | USA v. Luz-Solis 2:22-cr-00069-SPC-KCD | JUDGMENT as to Jose Eduardo Luz-Solis, Count 1, Imprisonment: TIME-SERVED; Supervised Release: 12-MONTHS; Special Assessments: $100; remand to the custody of the U.S. Marshal to await processing to the Bureau of Immigration and Customs Enfo
| Judge Sheri Polster Chappell |
12/05/2022 | USA v. Cruz-Ventura 2:22-cr-00054-SPC-KCD | JUDGMENT as to Domingo Cruz-Ventura, Count 1, Imprisonment: 15-MONTHS; Supervised Release: 12-MONTHS; Special Assessments: $100; Remand to the US Marshal for processing to the Bureau of Immigration and Customs Enforcement. Signed by Judge S
| Judge Sheri Polster Chappell |
12/02/2022 | USA v. Comeau 2:22-cr-00111-SPC-KCD | PROBATION 22 granting transfer of jurisdiction as to Jason Michael Comeau. Signed by Judge Sheri Polster Chappell on 12/2/2022. (AEH)
| Judge Sheri Polster Chappell |
12/02/2022 | Cala v. Moorings Park Community Health, Incorporated 2:22-cv-00635-JES-KCD | OPINION and ORDER granting in part and denying in part [7] and [13] Defendant's Motion to Dismiss and Motion to Strike. Defendants' Motion to Dismiss is granted as to Count V of the Complaint, but is otherwise denied. Defendant's
| Judge John E. Steele |
12/02/2022 | Palm Island Water Taxi, Inc. v. Unknown Claimants 2:22-cv-00191-SPC-KCD | ORDERED: The parties' Joint Motion to Stay Petitioner's Petition for Exoneration From or Limitation of Liability (Doc. [33]) is GRANTED. The Court approves and adopts the parties' stipulations (Doc. [33]) and incorporates them by r
| Judge Sheri Polster Chappell |
12/01/2022 | Simpson v. Waste Pro of Florida, Inc. 2:22-cv-00094-JES-NPM | OPINION AND ORDER granting [22] Joint Brief and approving Settlement Agreement and Release; adopting [23] Report and Recommendation. The Clerk shall enter judgment dismissing the case with prejudice, terminate all pending matters, and close the
| Judge John E. Steele |
12/01/2022 | PB Legacy, Inc. v. American Mariculture, Inc. et al 2:17-cv-00009-JES-NPM | ORDER staying resolution of Defendants' Renewed Motion For Determination of Entitlement To Attorney's Fees and Costs and Incorporated Memorandum of Law (Doc. 557), and Plaintiff and Third-Party Defendants' Joint Renewed Motion for
| Judge John E. Steele |
11/30/2022 | Longino et al v. Masters et al 2:22-cv-00672-JES-NPM | ORDER OF DISMISSAL dismissing re [1] Complaint without prejudice to any individual resident filing his own complaint along with the filing fee or a motion to proceed as a pauper. The Clerk shall enter judgment and close the case. Signed by Judg
| Judge John E. Steele |
11/30/2022 | Shaw v. Moran et al 2:22-cv-00658-JES-KCD | ORDER OF DISMISSAL dismissing re [6] Amended Complaint for failure to state a claim on which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(ii). The Clerk shall enter judgment and close the case. Signed by Judge John E. Steele on 11/30
| Judge John E. Steele |
11/30/2022 | Corbin et al v. Prummell, Jr. et al 2:22-cv-00394-JES-KCD | OPINION AND ORDER overruling: [13] Objection and the [11] Motion to Recuse remains denied. Signed by Judge John E. Steele on 2022-11-30. (RKR)
| Judge John E. Steele |
11/30/2022 | In Re: Yamaha Pleasure Watercraft bearing Hull ID No. YAMA2548J415 2:22-cv-00263-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [38]) is ACCEPTED and ADOPTED, and the findings incorporated herein. Petitioner Mid-Island Water Sports, Inc.'s Motion for Entry of Default (Do
| Judge Sheri Polster Chappell |
11/30/2022 | Smith et al v. Fidelity Services, Inc, et al 2:21-cv-00786-JLB-KCD | ORDER granting in part [60] Defendant Fidelity Building Services, Group's Motion to Dismiss Plaintiffs' Second Amended Complaint and denying [61] United Mechanical, LLC's Motion to Dismiss Plaintiffs' Second Amended Complaint.
| Judge John L. Badalamenti |
11/30/2022 | Harris v. Cotte et al 2:21-cv-00646-SPC-NPM | ORDER denying [55] Motion for Writ; denying [59] Motion to Compel non-party discovery; granting [77] Motion for Extension of Time to File. See order for details and instructions. Signed by Magistrate Judge Nicholas P. Mizell on 2022-11-30. (L
| Judge Sheri Polster Chappell |
11/29/2022 | Leonovicz v. All Potential Claimants 2:22-cv-00219-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [32]) is ACCEPTED and ADOPTED, and the findings incorporated herein. Petitioner Brian Leonovicz's Motion for Entry of Default (Doc. [15]) is GRA
| Judge Sheri Polster Chappell |
11/29/2022 | USA v. Washington 2:21-cr-00070-SPC-KCD | ORDERED: Defendant Shaborn Washington's Motion to Suppress Evidence; Memorandum of Points and Authorities (Doc. [20]) is DENIED. Signed by Judge Sheri Polster Chappell on 2022-11-29. (AEH)
| Judge Sheri Polster Chappell |
11/28/2022 | Green v. State of Florida 2:22-cv-00764-SPC-NPM | MEMORANDUM ORDER: 1. The Magistrate Judge's [4] Report and Recommendation is ADOPTED and INCORPORATED in full. 2. This matter is TRANSFERRED to the Middle District of Florida, Jacksonville Division, for further proceeding. Signed by Judge Danny
| Judge Sheri Polster Chappell |
11/23/2022 | Reid v. United States of America 2:22-cv-00604-SPC-NPM | ORDERED: United States' Motion to Compel Former Defense Counsel to Provide Further Information (Doc. [5]) is GRANTED. By November 28, 2022, Joseph G. Viacava shall provide the United States (1) an affidavit (or unsworn declaration that comp
| Judge Sheri Polster Chappell |
11/23/2022 | Graziano v. Eagle Creek of Naples Condominium Assoc., Inc. et al 2:22-cv-00034-SPC-KCD | ORDERED: Defendant Jeffrey Schelling, P.A.'s Motion to Dismiss (Doc. [72]) is DENIED. Signed by Judge Sheri Polster Chappell on 2022-11-22. (AEH)
| Judge Sheri Polster Chappell |
11/22/2022 | Bautista v. Walmart Stores East, L.P. 2:22-cv-00362-JES-NPM | OPINION AND ORDER adopting [40] Report and Recommendations. An Amended Complaint shall be filed within 7 days without John Doe. The Clerk shall terminate this defendant on the docket. Signed by Judge John E. Steele on 2022-11-22. (RKR)
| Judge John E. Steele |
11/22/2022 | USA v. Jontavious Larry 2:22-cr-00029-SPC-KCD | ORDER granting the United States' Motion for Final Order of Forfeiture as to Re'Shod Peter Jontavious Larry (Doc. [42]). Signed by Judge Sheri Polster Chappell on 2022-11-21. (AEH)
| Judge Sheri Polster Chappell |
11/22/2022 | USA v. Kluge 2:22-cr-00023-SPC-NPM | ORDER granting the United States' Motion for Forfeiture of a Preliminary Order (Doc. [56]) as to Karl Patrick Kluge. Signed by Judge Sheri Polster Chappell on 2022-11-22. (AEH)
| Judge Sheri Polster Chappell |
11/22/2022 | USA v. Marchman 2:22-cr-00012-SPC-KCD | ORDER granting the United States' Motion for Final Order of Forfeiture of Property as to Otis Marchman IV (Doc. [45]). Signed by Judge Sheri Polster Chappell on 2022-11-21. (AEH)
| Judge Sheri Polster Chappell |
11/22/2022 | USA v. Batista Montijo 2:21-cr-00075-SPC-NPM | ORDER granting the United States' Motion for Final Order of Forfeiture as to Heriberto Batista Montijo (Doc. [123]). Signed by Judge Sheri Polster Chappell on 2022-11-21. (AEH)
| Judge Sheri Polster Chappell |
11/22/2022 | Schneider 2:21-cv-00549-JES-KCD | OPINION and ORDER denying [94] Allstate Property and Casualty Insurance Company's Motion for Partial Summary Judgment. Signed by Judge John E. Steele on 2022-11-22. (TLP)
| Judge John E. Steele |
11/22/2022 | USA v. Hicks 2:14-cr-00084-SPC-NPM | ORDER granting the United States' Motion for Final Order of Forfeiture for Substitute Asset as to Lonnie Leroy Hicks (Doc. [46]). Signed by Judge Sheri Polster Chappell on 2022-11-21. (AEH)
| Judge Sheri Polster Chappell |
11/21/2022 | The Landings Yacht, Golf and Tennis Club, Inc. v. Swiss Re Corporate Solutions America Insurance Corporation et al 2:22-cv-00459-SPC-NPM | ORDERED: Defendants' Motion for Judgment on the Pleadings (Doc. [22]) is GRANTED in part. Plaintiff's claims as to Defendant Swiss Re Corporate Solutions America Insurance Corporation are DISMISSED with prejudice. The Clerk is DIRECTE
| Judge Sheri Polster Chappell |
11/21/2022 | Acufloor, LLC v. Eventile, Inc. et al 2:21-cv-00802-SPC-KCD | CLAIM CONSTRUCTION ORDER. See order for details. Signed by Judge Sheri Polster Chappell on 2022-11-21. (AEH)
| Judge Sheri Polster Chappell |
11/21/2022 | Wainey v. United States of America 2:20-cv-00969-SPC-NPM | ORDERED: This action is set for a bench trial on January 17, 2022, at 9:00 a.m. before the undersigned. The Clerk is DIRECTED to issue a notice of trial under separate cover. See order for deadlines governing this action through the bench trial
| Judge Sheri Polster Chappell |
11/21/2022 | USA v. Derisma 2:09-cr-00064-JES-KCD | WRIT OF HABEAS CORPUS AD PROSEQUENDUM as to James Derisma. Signed by Magistrate Judge Kyle C. Dudek on 2022-11-21. (BLW)
| Judge John E. Steele |
11/18/2022 | Free Speech Foundation, Inc. et al v. Gold 2:22-cv-00714-SPC-NPM | ORDERED: Plaintiffs shall respond to Defendant's Motion to Dismiss Pursuant to Fed. R. Civ. P. 12(b)(1) (Doc. [24]) on or before noon on November 23, 2022. Defendant shall respond to Plaintiffs' Verified Motion for Restraining Order an
| Judge Sheri Polster Chappell |
11/18/2022 | Levin et al v. Amica Mutual Insurance Company 2:22-cv-00687-SPC-KCD | ORDERED: Defendant Amica's request for jurisdictional discovery is GRANTED. Amica shall have up to and including December 16, 2022 to complete jurisdictional discovery limited to Plaintiffs' domicile at the time the Complaint was fil
| Judge Sheri Polster Chappell |
11/18/2022 | Welsh v. Martinez et al 2:22-cv-00216-JLB-NPM | ORDER denying [54] defendants' motion for protective order; granting [61] Welsh's motion to compel and for sanctions; and denying as moot [66] Welsh's request for leave to reply. See order for details. Signed by Magistrate Judge N
| Judge John L. Badalamenti |
11/16/2022 | Lorch v. Olmstead 2:22-cv-00747-JLB-KCD | TRANSFER ORDER: The Clerk of Court is directed to transfer this action to the United States District Court for the Middle District of Florida. Whether Plaintiff should be permitted to proceed further without prepayment of fees is a determination to
| Judge John L. Badalamenti |
11/16/2022 | Cappalli v. Danone North America Public Benefit Corporation 2:22-cv-00716-SPC-KCD | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint by Wednesday, November 30, 2022. Failure to do so will cause the Court to close this case without
| Judge Sheri Polster Chappell |
11/16/2022 | Ensemble RCM, LLC v. Carepoint Health Management Associates, LLC 2:22-cv-00676-SPC-KCD | ORDERED: Plaintiff's Unopposed Motion for Remand (Doc. [17]) is GRANTED. This action is REMANDED to the Twentieth Judicial Circuit Court in and for Collier County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to
| Judge Sheri Polster Chappell |
11/16/2022 | In re: Parasailing, Inc, as Owner of the 2002 31' CWS Ocean Pro, Bearing Hull Identification No. CNXO0006D202 2:22-cv-00503-SPC-NPM | ORDER directing notice by mail. By December 30, 2022, plaintiff Parasailing must file a notice of compliance certifying service by mail on potential claimants Whitty and Boling or show cause as to why such service is not feasible. See order for de
| Judge Sheri Polster Chappell |
11/16/2022 | USA v. Brillhart 2:22-cr-00053-SPC-NPM | ORDERED: Defendant Richard Brillhart's Motion to Dismiss (Doc. [37]) is DENIED. Signed by Judge Sheri Polster Chappell on 2022-11-16. (AEH)
| Judge Sheri Polster Chappell |
11/16/2022 | Progressive Express Insurance Company v. Tate Transport Corporation et al 2:21-cv-00198-JES-KCD | OPINION AND ORDER denying [72] Motion for Summary Judgment/Motion for Default Judgment. Signed by Judge John E. Steele on 2022-11-16. (RKR)
| Judge John E. Steele |
11/15/2022 | USA v. Marchman 2:22-cr-00012-SPC-KCD | JUDGMENT as to Otis Marchman, IV, Count 1, Imprisonment: 41-MONTHS, to run consecutive to imposed in District Court Case No.: 2:17-cr-57-SPC-MRM; Supervised Release: 36-MONTHS; Forfeiture to be included in judgment; Special Assessments: $10
| Judge Sheri Polster Chappell |
11/15/2022 | USA v. Acosta 2:21-cr-00110-SPC-NPM | JUDGMENT as to Gabriel Acosta, Jr., Counts 1-2, Imprisonment: 37-MONTHS, term as to both of Counts 1 and 2, both such terms to run concurrently; Supervised Release: 24-MONTHS, term as to both of Counts 1 and 2, both such terms to run concurrentl
| Judge Sheri Polster Chappell |
11/15/2022 | Geico Marine Insurance Company v. Amzim Marine Services, LLC 2:21-cv-00829-SPC-KCD | ORDER granting [57] Motion to Change Venue / Transfer Case. If no objection to this order is filed within the time allotted under Fed. R. Civ. P. 72, the Clerk is directed to sever Shand's negligence claim against Porter (Doc. 33, Count II) a
| Judge Sheri Polster Chappell |
11/14/2022 | Zhang v. FXTrade ZH, LP et al 2:22-mc-00014-JES-NPM | ORDER denying [2] and [3] plaintiff Zhang's ex parte motions for writs of garnishment. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 2022-11-14. (BB) Modified on 2022-11-15 - seal removed per lc/BB (SEH).
| Judge John E. Steele |
11/14/2022 | Elevation Reps of the Rockies, Inc. v. Elevate Foodservice Group, LLC et al 2:22-cv-00279-JLB-KCD | ORDER denying [24] Defendant, Mitchell Marcotte's Motion to Dismiss for Lack of Personal Jurisdiction. See Order for details. Signed by Judge John L. Badalamenti on 2022-11-14. (WJF)
| Judge John L. Badalamenti |
11/14/2022 | Denson v. Collier County et al 2:21-cv-00497-JES-NPM | OPINION and ORDER granting [82] defendant Sheriff Rambosk's Motion for Judgment on the Pleadings Regarding The Only Remaining State Law Claims Against Him (and Memorandum of Law). Signed by Judge John E. Steele on 2022-11-14. (TLP)
| Judge John E. Steele |
11/10/2022 | Free Speech Foundation, Inc. et al v. Gold 2:22-cv-00714-SPC-NPM | ORDERED: Plaintiff's Motion for a Temporary Restraining Order and Preliminary Injunction (Doc. [7]) is DENIED to the extent it seeks a temporary restraining order. The Court RESERVES ruling on a preliminary injunction. The Court ORDERS Plai
| Judge Sheri Polster Chappell |
11/10/2022 | SFR Services LLC v. Heritage Property & Casualty Insurance Company 2:22-cv-00573-SPC-KCD | ORDERED: Heritage's First Motion to Dismiss Plaintiff's Amended Complaint is GRANTED to the extent it seeks limited jurisdictional discovery on SFR's domicile at the time the Complaint was filed. In all other respects, Heritage
| Judge Sheri Polster Chappell |
11/10/2022 | In Re: Yamaha Pleasure Watercraft bearing Hull ID No. YAMA2548J415 2:22-cv-00263-SPC-NPM | REPORT AND RECOMMENDATION recommending the court grant [34] motion for default judgment, dismiss as moot the claims asserted between Leonovicz and Mid-Island, and direct the clerk to close the case. Signed by Magistrate Judge Nicholas P. Mizell o
| Judge Sheri Polster Chappell |
11/10/2022 | Leonovicz v. All Potential Claimants 2:22-cv-00219-SPC-NPM | REPORT AND RECOMMENDATION recommending the court grant [15] motion for default judgment, dismiss as moot the claims asserted between Leonovicz and Mid-Island, and direct the clerk to close the case. Signed by Magistrate Judge Nicholas P. Mizell o
| Judge Sheri Polster Chappell |
11/10/2022 | Koehler v. Commissioner of Social Security 2:22-cv-00210-JES-KCD | REPORT AND RECOMMENDATION re [17] Memorandum in Opposition to the Commissioner's Decision. It is recommended that the Commissioner be affirmed and judgment be entered against Koehler. Signed by Magistrate Judge Kyle C. Dudek on 2022-11-10. (
| Judge John E. Steele |
11/10/2022 | Burey et al v. United States of America 2:21-cv-00191-SPC-NPM | ORDERED: This case is STAYED pending the parties' state court action for settlement approval. The parties must FILE a joint report on the status of the state court action on or before January 9, 2023, and every 60 days thereafter. The Cl
| Judge Sheri Polster Chappell |
11/10/2022 | USA v. Siebert 2:20-cr-00079-SPC-KCD | JUDGMENT as to William Earl Siebert, Count 1, Imprisonment: 70-MONTHS; Supervised Release: 36-MONTHS; Special Assessment: $100; Remand to the Custody of the U.S. Marshal. Signed by Judge Sheri Polster Chappell on 2022-11-10. (AEH)
| Judge Sheri Polster Chappell |
11/09/2022 | In Re: Tail Walker, a 2020 Cobia motor vessel bearing hull identification number CBABA018A020 and Florida Registration FL FL0054SP 2:22-cv-00332-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [29]) is ACCEPTED and ADOPTED and the findings incorporated herein. The Petitioner's Motion for Entry of Final Default Judgment Against All Per
| Judge Sheri Polster Chappell |
11/09/2022 | USA v. Whitfield 2:22-cr-00011-SPC-KCD | ORDERED: Defendant Javonte Keyon Whitfield's Request for an Evidentiary Hearing, Motion to Suppress, and an Incorporated Memorandum of Law (Doc. [67]) is GRANTED IN PART AND DENIED IN PART. Defendant's request for an evidentiary hearing
| Judge Sheri Polster Chappell |
11/08/2022 | Green v. State of Florida 2:22-cv-00764-SPC-NPM | REPORT AND RECOMMENDATIONS re [1] Petition for Writ of Habeas Corpus: The Court RECOMMENDS that the District Judge TRANSFER this case to the MDFL for further consideration. Objections due w/in 14 day. Signed by Magistrate Judge Hanly A. Ingram on
| Judge Sheri Polster Chappell |
11/08/2022 | Arthrex, Inc. v. National Union Fire Insurance Company of Pittsburgh, PA et al 2:22-cv-00748-JLB-KCD | MEMORANDUM OPINION Signed by Judge Colm F. Connolly on 11/8/2022. (nmf) [Transferred from ded on 2022-11-28.]
| Judge John L. Badalamenti |
11/08/2022 | Free Speech Foundation, Inc. et al v. Gold 2:22-cv-00714-SPC-NPM | ORDERED: To the extent Plaintiffs seek a Temporary Restraining Order on their Verified Complaint for Injunctive Relief and Damages (Doc. [1]), it is DENIED. To the extent Plaintiffs seek a Preliminary Injunction on their Verified Complaint (Doc
| Judge Sheri Polster Chappell |
11/08/2022 | USA v. Dimas 2:21-cr-00109-SPC-NPM | JUDGMENT as to Brown Dimas, III. Counts 1-2, Imprisonment: 37-MONTHS, such term consists of 37 months imprisonment as to each of Counts One and Two, terms to be served concurrently; Supervised Release: 3-YEARS, such term consists of 3-YEARS of s
| Judge Sheri Polster Chappell |
11/08/2022 | USA v. Mink 2:21-cr-00101-SPC-NPM | JUDGMENT as to Matthew Garrett Mink, Counts 1, 2, 3, 5, 9-12, Disposed.; Counts 4, 6, 7, 8, Imprisonment: 51-MONTHS, such term consists of 51 months imprisonment as to each of Counts 4, 6, 7, and 8, all terms to be run concurrently; Supervised R
| Judge Sheri Polster Chappell |
11/08/2022 | USA v. Crawley 2:21-cr-00090-SPC-NPM | AMENDED JUDGMENT as to Timothy Crawley. Count 1 - Imprisonment: 87-MONTHS; Supervised Release: 240-MONTHS; Sex Offender provisions; forfeiture; Restitution: $55,000.00; AVAA Assessment: $5,000; Special Assessment: $100; remand to t
| Judge Sheri Polster Chappell |
11/07/2022 | Camer v. Department of Veterans Affairs et al 2:22-cv-00575-JES-NPM | OPINION and ORDER granting [9] Defendants' Motion to Dismiss For Lack of Subject Matter Jurisdiction. The Clerk is directed to enter judgment accordingly, terminate any pending motions and deadlines, and close the file. Signed by Judge Jo
| Judge John E. Steele |
11/07/2022 | EmCyte Corp. v. Apex Biologix et al 2:19-cv-00769-JES-NPM | OPINION and ORDER granting [224] Plaintiff's Expedited, Opposed Motion For Deferment of Defendants' Motion for Summary Judgment. Plaintiff EmCyte Corp. shall filed a response to Defendants' Motion for Summary Judgment [217] within
| Judge John E. Steele |
11/04/2022 | Harding v. Cheney Bros., Inc. 2:22-cv-00322-KCD | ORDER granting [40] Joint Motion for Stipulated Judgment Approving Settlement and Release Agreement. Sixty-days following this order, and every sixty-days thereafter, the parties must file a joint notice reporting on the status of the claims proc
| Magistrate Judge Kyle C. Dudek |
11/04/2022 | Lozada v. Commissioner of Social Security 2:21-cv-00235-CPT | ORDER: The Commissioner's decision is affirmed. The Clerk of Court is directed to enter Judgment in the Commissioner's favor and to close the case. Signed by Magistrate Judge Christopher P. Tuite on 11/4/2022. (WFM)
| Magistrate Judge Christopher P. Tuite |
11/04/2022 | Richards v. Naples Bay Resort Holdings, LLC et al 2:21-cv-00206-JES | OPINION AND ORDER affirming in part and reversing in part Order Denying Plaintiff's Motion To Remand Removed Case, And Rulings On Related Pleadings and Order Dismissing Adversary Proceeding With Prejudice and Denying All Pending Motions as M
| Judge John E. Steele |
11/03/2022 | Bautista v. Walmart Stores East, L.P. 2:22-cv-00362-JES-NPM | REPORT AND RECOMMENDATION recommending plaintiff be ordered to amend his complaint (Doc. [3]) to omit the Doe defendant as a party and the claim against him. Signed by Magistrate Judge Nicholas P. Mizell on 11/3/2022. (BB)
| Judge John E. Steele |
11/03/2022 | Scoma Chiropractic, P.A. v. National Spine and Pain Centers LLC et al 2:20-cv-00430-JLB-NPM | ORDER denying [84] Motion to Certify Class; denying [100] Motion for Hearing / Settlement Conference; denying [116] Motion for Summary Judgment. Signed by Judge John L. Badalamenti on 11/3/2022. (JHA)
| Judge John L. Badalamenti |
11/02/2022 | Concord at the Vineyards Condominium Association, Inc. v. Empire Indemnity Insurance Company 2:21-cv-00380-SPC-KCD | ORDERED: Defendant's Objections to the United States Magistrate Judge's Order (Doc. [57]) are OVERRULED. Defendant's Motion for Leave to Reply to Concord's Response to Empire's Objections to Appraisal (Doc. [59]) is DENIE
| Judge Sheri Polster Chappell |
11/01/2022 | Knoeringer v. State of Florida et al (Desoto County) 2:20-cv-00942-JES-KCD | OPINION AND ORDER dismissing with prejudice [1] Petition for Writ of Habeas Corpus as time barred. The Clerk shall enter judgment and close the case. A certificate of appealability is denied. Signed by Judge John E. Steele on 11/1/2022. (RKR)
| Judge John E. Steele |
10/31/2022 | Stermer v. Old Republic National Title Insurance Company et al 2:21-cv-00950-JLB | ORDER denying [60] Appellant Daniel J. Stermer's Motion to Supplement the Record. Signed by Judge John L. Badalamenti on 2022-10-31. (LH)
| Judge John L. Badalamenti |
10/31/2022 | Maletta v. Woodle et al 2:20-cv-01004-JES-KCD | Final Pretrial Conference Order. Signed by Judge John E. Steele on 2022-10-31. (TLP)
| Judge John E. Steele |
10/31/2022 | Shabazz v. Dixon 2:17-cv-00648-JES-NPM | Final Pretrial Conference Order. Signed by Judge John E. Steele on 2022-10-31. (TLP)
| Judge John E. Steele |
10/30/2022 | Suarez v. Cuscatlan Restaurant LLC et al 2:22-cv-00422-KCD | ORDER. This action is dismissed 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 2022-10-30. (Dudek, Kyle)
| Magistrate Judge Kyle C. Dudek |
10/28/2022 | Usenza v. Commissioner of Social Security 2:21-cv-00845-SPC-KCD | ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. [27]) is ACCEPTED and ADOPTED, and the findings incorporated herein. Plaintiff Catherine Usenza's Petition for EAJA Fees (Doc. [22]) is GRANTED in
| Judge Sheri Polster Chappell |
10/27/2022 | USA v. Batista Montijo 2:21-cr-00075-SPC-NPM | JUDGMENT as to Heriberto Batista Montijo, Counts 1-2 and Count 3, 600-MONTHS This term consists of a 360-months as to each of Counts 1 and 2, such terms shall run concurrently, and a term of 240-months as to Count 3, the term imposed in Count 3
| Judge Sheri Polster Chappell |
10/27/2022 | USA v. Felton 2:15-cr-00042-SPC-KCD | ORDERED: Pro se Defendant Tavares Felton's Motion to Correct Clerical Error in the Presentence Report and Plea Agreement and to Issue an Amended PSR and Plea Agreement (Doc. [125]) is DENIED. Defendant's Motion for Status Report or Hea ORDERED: Pro se Defendant Tavares Felton's Motion to Reconsider Docs. 107, 108 Return of Seized Property (Doc. [129]) is DENIED without prejudice. Signed by Judge Sheri Polster Chappell on 2022-10-27. (AEH)
| Judge Sheri Polster Chappell |
10/26/2022 | Ford v. Antonides et al 2:22-cv-00384-JES-KCD | OPINION AND ORDER dismissing re [1] Complaint as frivolous and for failure to state a claim on which relief may be granted. 28 U.S.C. § 1915(e)(2)(B)(i), (ii). The Clerk shall enter judgment and close the case. Signed by Judge John E. Steel
| Judge John E. Steele |
10/26/2022 | Denson v. Collier County et al 2:21-cv-00497-JES-NPM | ORDER providing clarification regarding [81] Defendant Sheriff Rambosk's Motion For Clarification as to dismissal of Count Ten of the Third Amended Complaint. Signed by Judge John E. Steele on 2022-10-26. (TLP)
| Judge John E. Steele |
10/26/2022 | Walker v. Secretary, DOC (Lee County) 2:20-cv-00813-JES-KCD | OPINION AND ORDER denying [1] Petition for Writ of Habeas Corpus. The Clerk shall enter judgment in favor of respondent, terminate all pending matters, and close the file. A certificate of appealability is denied. Signed by Judge John E. Steel
| Judge John E. Steele |
10/25/2022 | Dero Roofing, LLC v. Triton, Inc 2:21-cv-00688-SPC-KCD | ORDERED: Defendants Motions to Dismiss Plaintiff's Fourth Amended Complaint and (Docs. [68]; [69]) are GRANTED and DENIED in part. Counts 3 and 5 are DISMISSED with prejudice. Counts 1, 2, and 4 are DISMISSED with prejudice to the extent th
| Judge Sheri Polster Chappell |
10/25/2022 | Hunter v. Commissioner of Social Security 2:21-cv-00476-JLB-NPM | ORDER adopting [23] Report and Recommendation and overruling [24] Plaintiff's Objections. Plaintiff's Unopposed Petition for EAJA Fees Pursuant to 28 U.S.C. [§] 2412 (d) (Doc. 22) is GRANTED in part. The Court awards Plaintiff
| Judge John L. Badalamenti |
10/24/2022 | USA v. Torres-Tena 2:22-cr-00060-SPC-NPM | JUDGMENT as to Marcos Antonio Torres-Tena, Count 1, Imprisonment: 14-MONTHS; Supervised Release: 12-MONTHS; Special Assessment: $100.00; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 10/24/202
| Judge Sheri Polster Chappell |
10/24/2022 | Strong v. City of Naples, et al 2:22-cv-00318-KCD | ORDER granting in part and denying in part [53] Motion to Dismiss. Signed by Magistrate Judge Kyle C. Dudek on 2022-10-24. (Dudek, Kyle)
| Magistrate Judge Kyle C. Dudek |
10/24/2022 | USA v. Aguilar Roblero 2:22-cr-00028-SPC-NPM | JUDGMENT as to Daniel Aguilar Roblero, Counts 1 & 3, Imprisonment: 10-MONTHS, term consists of 10 months as to Count 1 and 10 months as to Count 3, all such terms to run concurrently; Supervised Release: 1-YEAR, term consists of 1 year as to Cou
| Judge Sheri Polster Chappell |
10/24/2022 | USA v. Gamino-Perez 2:22-cr-00026-SPC-KCD | JUDGMENT as to Luis Fernando Gamino-Perez (2), Count 1, Imprisonment: TIME-SERVED; Supervised Release: 12-MONTHS; Special Assessment: $100.00; Remand to the custody of the United States Marshal for processing to the Bureau of Immigration an
| Judge Sheri Polster Chappell |
10/24/2022 | USA v. Jontavious Larry 2:22-cr-00029-SPC-KCD | JUDGMENT as to Re'Shod Peter Jontavious Larry, Count 1, Imprisonment: 92-MONTHS; Supervised Release: 3-YEARS, such term of supervision shall run concurrent with term of supervision currently pending in 2:18-cr-219-FtM-38UAM; Special Assessm
| Judge Sheri Polster Chappell |
10/24/2022 | USA v. Broomfield 2:21-cr-00051-SPC-NPM | JUDGMENT as to Keandre Broomfield, Counts 1-3, Imprisonment: 46-MONTHS, such term consists of 46 months imprisonment as to Counts One through Three, to be served concurrently; Supervised Release: 4-YEARS, such term consists of 3-YEARS of supervi
| Judge Sheri Polster Chappell |
10/21/2022 | In Re: Tail Walker, a 2020 Cobia motor vessel bearing hull identification number CBABA018A020 and Florida Registration FL FL0054SP 2:22-cv-00332-SPC-NPM | REPORT AND RECOMMENDATION recommending [24] plaintiffs' motion for default judgment against unknown potential claimant(s) be granted. See report for details. Signed by Magistrate Judge Nicholas P. Mizell on 2022-10-21. (JMM)
| Judge Sheri Polster Chappell |
10/21/2022 | USA v. de Souza 2:22-cr-00052-SPC-NPM | JUDGMENT as to Italo Pinho de Souza, Count 1, Imprisonment: TIME-SERVED; Supervised Release: 12-MONTHS; Special Assessment: $100.00; Remand to custody of United States Marshal for processing to the appropriate Bureau of Immigration and Cust
| Judge Sheri Polster Chappell |
10/21/2022 | USA v. Valerio-Rodrguez 2:22-cr-00038-SPC-KCD | JUDGMENT as to Olvin Alduvin Valerio-Rodriguez, Count 1, Imprisonment: TIME-SERVED; Supervised Release: No term imposed; Special Assessment: $100; Remand to the custody of the United States Marshal to await processing by the Bureau of Immig
| Judge Sheri Polster Chappell |
10/21/2022 | Wooden v. Bella Mia Italian Cafe, LLC et al 2:22-cv-00214-KCD | ORDER re [26] Joint Stipulation of Dismissal With Prejudice. 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, deny all pending motions, terminate al
| Magistrate Judge Kyle C. Dudek |
10/21/2022 | Garrison v. United States of America 2:21-cv-00131-SPC-KCD | ORDERED: This case is STAYED pending the parties' state court action for settlement approval. The parties must FILE a joint report on the status of the state court action on or before December 19, 2022, and every 60 days thereafter. The Cl
| Judge Sheri Polster Chappell |
10/21/2022 | Sabal Construction and Roofing, LLC v. Western World Insurance Company 2:20-cv-00989-SPC-KCD | ORDERED: The Court DECLINES to exercise supplemental jurisdiction over Shelton Law's charging lien claim. The Clerk is DIRECTED to deny any pending motions, terminate all deadlines, and close the case. Signed by Judge Sheri Polster Chappe
| Judge Sheri Polster Chappell |
10/21/2022 | Christoff v. Inglese et al 2:20-cv-00546-SPC-NPM | ORDERED: Defendants' Motion Requesting Judicial Notice (Doc. [143]) is DENIED as moot. Defendant's Second Renewed Motion for Final Summary Judgment (Doc. [154]) is DENIED without prejudice. Plaintiff's Motion for Partial Summary J
| Judge Sheri Polster Chappell |
10/20/2022 | Ensemble RCM, LLC v. Carepoint Health Management Associates, LLC 2:22-cv-00676-SPC-KCD | ORDER directing Defendant to supplement the Notice of Removal to show why the Court should not remand this case for lack of subject-matter jurisdiction by November 3, 2022. Failure to do so will result in a recommendation this case be remanded fo
| Judge Sheri Polster Chappell |
10/20/2022 | USA v. Broomfield 2:21-cr-00051-SPC-NPM | Minute Entry for In Person proceedings held before Judge Sheri Polster Chappell: SENTENCING held on 2022-10-20 for Keandre Broomfield, Counts 1-3, Imprisonment: 46-MONTHS, such term consists of 46 months imprisonment as to Counts One through Three,
| Judge Sheri Polster Chappell |
10/19/2022 | Camer v. Department of Veterans Affairs et al 2:22-cv-00575-JES-NPM | ORDER directing Plaintiff to respond to Defendants' Motion to Dismiss For Lack of Subject Matter Jurisdiction within FOURTEEN (14) Days of this Order. Signed by Judge John E. Steele on 2022-10-19. (TLP)
| Judge John E. Steele |
10/19/2022 | Vest v. Knauf Gips KG et al 2:21-cv-00896-JLB-DAB | REPORT AND RECOMMENDATIONS re [38] MOTION for Partial Summary Judgment filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Signed by Magistrate Judge David A. Baker on 2022-10-19. (RPB)
| Judge John L. Badalamenti |
10/19/2022 | Van Drie v. Knauf Gips KG et al 2:21-cv-00895-SPC-DAB | REPORT AND RECOMMENDATIONS re [40] MOTION for Partial Summary Judgment filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Signed by Magistrate Judge David A. Baker on 2022-10-19. (RPB) REPORT AND RECOMMENDATION re [41] MOTION for Summary Judgment on Issues Particular to this Case filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. It is RECOMMENDED that the motion be GRANTED in part DENIED in par
| Judge Sheri Polster Chappell |
10/19/2022 | Timmons v. Knauf Gips KG et al 2:21-cv-00894-JLB-DAB | REPORT AND RECOMMENDATIONS re [41] MOTION for Partial Summary Judgment filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Signed by Magistrate Judge David A. Baker on 2022-10-19. (RPB) REPORT AND RECOMMENDATION re [42] MOTION for Summary Judgment on Issues Particular to this Case filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. It is RECOMMENDED that the motion be DENIED. Signed by Magistrate
| Judge John L. Badalamenti |
10/19/2022 | Russo et al v. Knauf Gips KG et al 2:21-cv-00893-SPC-DAB | REPORT AND RECOMMENDATIONS re [42] MOTION for Partial Summary Judgment filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Signed by Magistrate Judge David A. Baker on 2022-10-19. (RPB) REPORT AND RECOMMENDATION re [43] MOTION for Summary Judgment on Issues Particular to this Case filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. It is RECOMMENDED that the motion be GRANTED. Signed by Magistrate
| Judge Sheri Polster Chappell |
10/19/2022 | Rigopoulos et al v. Knauf Gips KG et al 2:21-cv-00892-SPC-DAB | REPORT AND RECOMMENDATIONS re [42] MOTION for Partial Summary Judgment filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Signed by Magistrate Judge David A. Baker on 2022-10-19. (RPB) REPORT AND RECOMMENDATION re [43] MOTION for Summary Judgment on Issues Particular to this Case filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. It is RECOMMENDED that the motion be GRANTED. Signed by Magistrate
| Judge Sheri Polster Chappell |
10/19/2022 | MCF Enterprises, Inc. v. Knauf Gips KG et al 2:21-cv-00891-JLB-DAB | REPORT AND RECOMMENDATIONS re [38] MOTION for Partial Summary Judgment filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Signed by Magistrate Judge David A. Baker on 2022-10-19. (RPB) REPORT AND RECOMMENDATION re [39] MOTION for Summary Judgment on Issues Particular to this Case filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. It is RECOMMENDED that the motion be DENIED. Signed by Magistrate
| Judge John L. Badalamenti |
10/19/2022 | Laremore v. Knauf Gips KG et al 2:21-cv-00890-SPC-DAB | REPORT AND RECOMMENDATIONS re [42] MOTION for Partial Summary Judgment filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Signed by Magistrate Judge David A. Baker on 2022-10-19. (RPB)
| Judge Sheri Polster Chappell |
10/19/2022 | Judge v. Knauf Gips KG et al 2:21-cv-00889-JES-DAB | REPORT AND RECOMMENDATIONS re [38] MOTION for Partial Summary Judgment filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Signed by Magistrate Judge David A. Baker on 2022-10-19. (RPB)
| Judge John E. Steele |
10/19/2022 | CDO Investments, LLC v. Knauf Gips KG et al 2:21-cv-00888-JLB-DAB | REPORT AND RECOMMENDATIONS re [41] MOTION for Partial Summary Judgment filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Signed by Magistrate Judge David A. Baker on 2022-10-19. (RPB) REPORT AND RECOMMENDATION re [42] MOTION for Summary Judgment on Issues Particular to this Case filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. It is RECOMMENDED that the motion be DENIED. Signed by Magistrate
| Judge John L. Badalamenti |
10/19/2022 | Blevins v. Knauf Gips KG et al 2:21-cv-00887-JLB-DAB | REPORT AND RECOMMENDATIONS re [47] MOTION for Partial Summary Judgment filed by Knauf Gips KG, Knauf New Building System (Tianjin) Co. Ltd. Signed by Magistrate Judge David A. Baker on 2022-10-19. (RPB)
| Judge John L. Badalamenti |
10/18/2022 | Southern Marine Towing & Salvage, Inc. v. One 28' 6# 2011, Mako Marine, 284 CC Power Vessel, et al 2:22-cv-00390-JES-KCD | OPINION AND ORDER granting [17] Motion for Default Judgment and the Clerk shall enter judgment in favor of plaintiff as set forth in the Opinion and Order, terminate all deadlines, and close the file. Signed by Judge John E. Steele on 2022-10-18
| Judge John E. Steele |
10/18/2022 | Marine Towing & Salvage of S.W. FL., Inc. vs. One 66' 2019 Sabre Dirigo 2:22-cv-00346-SPC-KCD | ORDER granting [43] Motion to Strike Demand for Jury Trial. Marine Towing's jury demand is stricken from the pending complaint (Doc. 11). The Court will enter a new case management order to reflect that this case will proceed as a bench tria
| Judge Sheri Polster Chappell |
10/18/2022 | Newman v. Financial Recovery Services, Inc. 2:22-cv-00217-SPC-KCD | ORDERED: This case is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk is DIRECTED to send a certified copy of this Order to the Clerk of the Circuit Court of the Twentieth Judicial Circu
| Judge Sheri Polster Chappell |
10/18/2022 | Wertheim v. James F. Potter, In his Official Capacity As Sheriff of DeSoto County 2:21-cv-00509-SPC-NPM | ORDERED: Defendant's Case Dispositive Motion for Summary Judgment (Doc. [25]) is GRANTED and DENIED in part. The Motion is GRANTED to the extent that Defendant is entitled to judgment on Counts 2, 3, 4, and 5. In all other respects, the Mo
| Judge Sheri Polster Chappell |
10/18/2022 | Donohoe v. Charlotte County Sheriffs Office et al 2:21-cv-00439-JES-NPM | OPINION AND ORDER granting [25] Motion to Dismiss for Failure to State a Claim against Heine. With no further claims or defendants, the case is dismissed without prejudice. The Clerk shall enter judgment in favor of defendants, terminate all p
| Judge John E. Steele |
10/18/2022 | Ward v. Secretary, DOC et al 2:21-cv-00287-JES-NPM | OPINION AND ORDER denying [9] Amended petition for writ of habeas corpus. The Clerk shall enter judgment, terminate all pending matters, and close the case. Signed by Judge John E. Steele on 2022-10-18. (RKR)
| Judge John E. Steele |
10/18/2022 | Forbes v. Inch (Collier County) 2:20-cv-00534-SPC-NPM | OPINION AND ORDER denying [1] Petition for Writ of Habeas Corpus. Petitioner is not entitled to a certificate of appealability. The Clerk is directed to enter judgment in favor of Respondent and against Petitioner, deny any pending motions as mo
| Judge Sheri Polster Chappell |
10/18/2022 | Sierra Club et al v. U.S. Fish and Wildlife Service et al 2:20-cv-00013-SPC-NPM | ORDERED: Plaintiffs' Objections to Magistrate Judge's Order (Doc. [109]) are OVERRULED. The Clerk is DIRECTED to administratively close this action until further Court notice. Signed by Judge Sheri Polster Chappell on 2022-10-18. (AEH
| Judge Sheri Polster Chappell |
10/18/2022 | USA v. Bell 2:06-cr-00070-JES-MRM | OPINION AND ORDER denying [139] Motion to Reduce Sentence - First Step Act as to Willie Lashawn Bell. Sentence unchanged as to Willie Lashawn Bell (1). Signed by Judge John E. Steele on 2022-10-18. (RKR)
| Judge John E. Steele |
10/17/2022 | Reid v. United States of America 2:22-cv-00604-SPC-NPM | ORDER re [5] MOTION to Compel former Defense Counsel to Disclose Substance of Communications and Provide Responsive Affidavit to the United States filed by United States of America. By November 28, 2022, Joseph G. Viacava shall p
| Judge Sheri Polster Chappell |
10/17/2022 | USA v. Reid 2:20-cr-00084-SPC-NPM | ORDER as to Jonathan Anthony Reid. By November 28, 2022, Joseph G. Viacava shall provide the United States (1) an affidavit addressing the claims in Reid's § 2255 motion, including the reasons for any untimely filings and a descriptio
| Judge Sheri Polster Chappell |
10/14/2022 | Cherdak v. Cottone et al 2:22-cv-00634-SPC-NPM | ORDER denying [3] Plaintiff's Combined Emergency Motion and Brief in Support for a Preliminary Injunction Pursuant to Fed. R. Civ. P. 65 to Stop Evidence Destruction and Spoliation--construed as an emergency TRO. Signed by Judge Sheri Pols
| Judge Sheri Polster Chappell |
10/14/2022 | Weist v. Commissioner of Social Security 2:21-cv-00768-SPC-NPM | ORDER adopting [30] REPORT AND RECOMMENDATIONS re [24] MOTION for Attorney Fees pursuant to 28 U.S.C. 2412(d) filed by Sandra Lauren Weist. Plaintiff Sandra Weist's Petition for EAJA Fees (Doc. [24]) is GRANTED in part.The Cler
| Judge Sheri Polster Chappell |
10/14/2022 | Wainey v. United States of America 2:20-cv-00969-SPC-NPM | ORDER denying [35] Plaintiff's Motion to Exclude the Finding of #No Probable Cause# by the Florida Department of Health. Signed by Judge Sheri Polster Chappell on 2022-10-14. (LMF)
| Judge Sheri Polster Chappell |
10/13/2022 | Davis v. Evanston Insurance Company et al 2:22-cv-00640-JLB-KCD | ORDER directing Evanston Insurance Company to file the complaint for proceedings supplementary and move to realign the parties by November 3, 2022. Signed by Magistrate Judge Kyle C. Dudek on 2022-10-13. (Dudek, Kyle)
| Judge John L. Badalamenti |
10/13/2022 | Mont Claire at Pelican Marsh Condominium Association, Inc. v. Empire Indemnity Insurance Company 2:19-cv-00601-SPC-KCD | ORDER reopening discovery for 140 days. The Clerk is directed to lift the stay and administrative closure. A new case management and scheduling order will follow by separate order. Signed by Magistrate Judge Kyle C. Dudek on 2022-10-13. (Dudek, K
| Judge Sheri Polster Chappell |
10/13/2022 | Pinto v. Collier County et al 2:19-cv-00551-JLB-NPM | ORDER denying [196] Motion for Sanctions. Signed by Judge John L. Badalamenti on 2022-10-13. (JHA)
| Judge John L. Badalamenti |
10/12/2022 | Diamondhead Beach Resort, LLC v. Safety Specialty Insurance Company et al 2:22-cv-00560-SPC-NPM | ORDERED: Plaintiff's Motion to Vacate Judgment and Reinstate Case (Doc. [16]) is GRANTED. The Court's Judgment (Doc. [15]) is VACATED in its entirety. Plaintiff's must file a Second Amended Complaint properly alleging subject-mat
| Judge Sheri Polster Chappell |
10/12/2022 | Wainey v. United States of America 2:20-cv-00969-SPC-NPM | ORDERED: Plaintiff's Motion for Summary Judgment (Doc. [34]) is GRANTED and DENIED in part. It is GRANTED to the limited extent the following facts are uncontested: (1) Dris was a VA dentist who treated Griffin from early 2014 until his reti
| Judge Sheri Polster Chappell |
10/11/2022 | Soriano v. Experian Information Solutions, Inc., 2:22-cv-00197-SPC-KCD | ORDER denying [43] Motion to Compel Arbitration and [45] Motion to Stay. Signed by Magistrate Judge Kyle C. Dudek on 2022-10-11. (Dudek, Kyle)
| Judge Sheri Polster Chappell |
10/11/2022 | Usenza v. Commissioner of Social Security 2:21-cv-00845-SPC-KCD | REPORT AND RECOMMENDATION that Plaintiff Catherine Usenza's Petition for EAJA Fees [22] be granted in part. Signed by Magistrate Judge Kyle C. Dudek on 2022-10-11. (Dudek, Kyle)
| Judge Sheri Polster Chappell |
10/06/2022 | Maxwell v. Aston Martin Lagonda of North America, Inc. 2:22-cv-00628-JLB-KCD | ORDER re [1] Notice of Removal. Defendant must supplement the Notice of Removal to show why the Court should not remand this case for lack of subject-matter jurisdiction by October 19, 2022. Failure to do so will result in a recommendation this
| Judge John L. Badalamenti |
10/06/2022 | Rodriguez v. Commissioner of Social Security 2:21-cv-00056-JLB-NPM | ORDER adopting [40] Report and Recommendation. Plaintiff's Application for Award of Attorney Fees Pursuant to the Equal Access to Justice Act 28 U.S.C. § 2412(d) on Consent and Without Objection by the Government (Doc. 39) is GRANTED in
| Judge John L. Badalamenti |
10/06/2022 | Barry v. Commissioner of Social Security 2:19-cv-00510-JLB-NPM | ORDER adopting [45] Report and Recommendation. Plaintiff's Motion for an Award of Attorney's Fees Under the Equal Access to Justice Act 28 USC § 2412 (Doc. 38) is DENIED. Additionally, Plaintiff's request for oral argument on
| Judge John L. Badalamenti |
10/05/2022 | Carpezzi v. United States of America 2:21-cv-00951-JLB-KCD | ORDER granting [11] Motion to Dismiss for Failure to State a Claim. This case is DISMISSED WITHOUT PREJUDICE. The Clerk is DIRECTED to terminate any pending deadlines and close the file. Signed by Judge John L. Badalamenti on 10/5/2022. (JHA)
| Judge John L. Badalamenti |
10/04/2022 | Vintage Bay Condominium Association, Inc. v. Lexington Insurance Company 2:22-cv-00412-JES-NPM | OPINION AND ORDER denying [11] Motion to Dismiss. Signed by Judge John E. Steele on 10/4/2022. (RKR)
| Judge John E. Steele |
10/04/2022 | Singh v. Hardin 2:21-cv-00576-JES-NPM | OPINION AND ORDER dismissing as moot [1] Petition for Writ of Habeas Corpus. Petitioner is denied a certificate of appealability. The Clerk shall enter judgment, terminate all motions and deadlines, and close the file. Signed by Judge John E.
| Judge John E. Steele |
10/04/2022 | Genas Retirement Home Inc v. Scottsdale Insurance Company 2:21-cv-00280-JLB-KCD | ORDER denying [43] Motion to Compel. Signed by Magistrate Judge Kyle C. Dudek on 10/4/2022. (Dudek, Kyle)
| Judge John L. Badalamenti |
10/04/2022 | Simpson v. Commissioner of Social Security 2:21-cv-00089-KCD | ORDER. The Court affirms the Commissioner's decision and directs the Clerk to enter judgment for the Commissioner and against Debra Simpson and close the file. Signed by Magistrate Judge Kyle C. Dudek on 10/4/2022. (Dudek, Kyle)
| Magistrate Judge Kyle C. Dudek |
10/04/2022 | Runion et al v. Bernard et al 2:20-cv-00718-JLB-KCD | ORDER. By October 24, 2022, the parties must submit a joint filing to supplement the record with evidence of the parties' citizenship. Defendants' Motion to Determine Amount of Fees and Costs (Doc. 56) is taken under advisement pending t
| Judge John L. Badalamenti |
10/04/2022 | USA v. Paisley 2:03-cr-00074-JES-NPM | ORDER denying [289] Motion for Compassionate Release, dismissing included motion for relief pursuant to Rehaif as to Kerome Lendon Paisley. Sentence unchanged as to Kerome Lendon Paisley (2). Signed by Judge John E. Steele on 10/4/2
| Judge John E. Steele |
09/30/2022 | Calusa Bay North Condominium Association, Inc. et al v. Empire Indemnity Insurance Company 2:21-cv-00540-JLB-NPM | ORDER granting [12] plaintiff's motion to compel appraisal and denying as moot [35] joint motion to extend case management deadlines. The amount-of-loss issues are referred to an appraisal panel for determination. Each party must select a com
| Judge John L. Badalamenti |
09/30/2022 | Sabran et al v. Rockhill Insurance Company 2:20-cv-00803-JLB-KCD | ORDER granting [30] Defendant's Motion for Summary Judgment. The Clerk is DIRECTED to enter judgment in Defendant's favor accordingly, terminate any pending motions and deadlines, and close the file. See Order for details. Signed by
| Judge John L. Badalamenti |
09/26/2022 | Partners Insight, LLC et al v. Gill et al 2:22-cv-00739-SPC-KCD | ORDER. #Plaintiffs' Motion for Temporary Restraining Order and Preliminary Injunction and Supporting Memorandum of Law# (Doc. [21]) is denied in part and deferred in part. The motion is denied to the extent that it seeks an ex par
| Judge Sheri Polster Chappell |
09/26/2022 | Sweetwater Lifestyle, LLC 2:22-cv-00584-JLB-KCD | ORDER granting [5] Motion Approving Interim Security and Directing Notice to all Persons Asserting Claims. Signed by Magistrate Judge Kyle C. Dudek on 9/26/2022. (Attachments: Notice to Potential Claimants)(Dudek, Kyle) ORDER granting [5] Motion Approving Interim Security and Directing Notice to all Persons Asserting Claims. Signed by Magistrate Judge Kyle C. Dudek on 9/26/2022. (Attachments: Notice to Potential Claimants)(Dudek, Kyle)
| Judge John L. Badalamenti |
09/26/2022 | Diamondhead Beach Resort, LLC v. Safety Specialty Insurance Company et al 2:22-cv-00560-SPC-NPM | ORDERED: This action is DISMISSED without prejudice for lack of subject-matter jurisdiction. The Clerk is DIRECTED to enter judgment, deny any pending motions as moot, terminate all deadlines, and close the case. Signed by Judge Sheri Polster
| Judge Sheri Polster Chappell |
09/26/2022 | Garner v. Aztec Plumbing, Inc. 2:22-cv-00260-JES-NPM | OPINION AND ORDER granting [27] Motion to Conditionally Certify FLSA Action. Plaintiff's counsel shall confer with defense counsel regarding the form of the notice. If the parties do not reach an agreement, plaintiff shall file a revised p
| Judge John E. Steele |
09/26/2022 | Cox et al v. Sky Source Aerial, LLC et al 2:22-cv-00126-NPM | ORDER. The parties stipulate to dismissing this case with prejudice (Doc. [43]). 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 |
09/26/2022 | Vickaryous v. Mason Classical Academy, Inc. et al 2:21-cv-00903-JLB-NPM | ORDER adopting [49] Report and Recommendation. Ms. Vickaryous's objections (Doc. 51) are OVERRULED. The motion for temporary reinstatement (Doc. 14) is DENIED. The Court's findings and conclusions are without prejudice to either part
| Judge John L. Badalamenti |
09/26/2022 | Lebron v. Commissioner of Social Security 2:21-cv-00650-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [22]) is ACCEPTED and ADOPTED, and the findings incorporated herein. Plaintiff's Objection to Magistrate Judges' Report and Recommendatio
| Judge Sheri Polster Chappell |
09/26/2022 | Manning v. Commissioner of Social Security 2:21-cv-00288-SPC-MRM | ORDERED: The Report and Recommendation (Doc. [35]) is ACCEPTED and ADOPTED, and the findings incorporated herein. Defendant's Opposed Motion for Entry of Judgment with Remand (Doc. [28]) is GRANTED. The decision of the Commissioner is REVER
| Judge Sheri Polster Chappell |
09/26/2022 | Kelly Greens Veranda VI Condominium Association, Inc. v. Blackboard Specialty Insurance Company 2:21-cv-00072-SPC-NPM | ORDER denying [34] plaintiff's motion to compel appraisal and stay litigation. The court will issue a third amended case management and scheduling order separately. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 9/2
| Judge Sheri Polster Chappell |
09/26/2022 | Cheney v. Commissioner of Social Security 2:21-cv-00069-AEP | OPINION AND ORDER affirming the decision of the Commissioner. The Clerk is directed to enter final judgment in favor of the Commissioner and close the case. Signed by Magistrate Judge Anthony E. Porcelli on 9/26/2022. (BMM)
| Magistrate Judge Anthony E. Porcelli |
09/26/2022 | Pecora v. Commissioner of Social Security 2:21-cv-00050-NPM | OPINION AND ORDER. The decision of the Commissioner is AFFIRMED pursuant to sentence four of 42 U.S.C. § 405(g). The Clerk of Court is directed to enter judgment, terminate any pending motions and deadlines, and close the case. See Order for
| Magistrate Judge Nicholas P. Mizell |
09/26/2022 | Ferreira v. Secretary, DOC et al (Collier County) 2:20-cv-00810-SPC-NPM | OPINION AND ORDER: Petition for Writ of Habeas Corpus [8] is dismissed with prejudice as time barred. Petitioner is not entitled to a certificate of appealability. The Clerk is directed to enter judgment for Respondent, deny any pending motions a
| Judge Sheri Polster Chappell |
09/26/2022 | Scotlynn USA Division, Inc. v. Titan Trans Corporation 2:18-cv-00521-JLB-NPM | ORDER granting [157] Motion for Attorney Fees; adopting [171] Report and Recommendations. See order for details. Signed by Judge John L. Badalamenti on 9/26/2022. (JHA)
| Judge John L. Badalamenti |
09/23/2022 | Strike 3 Holdings, LLC v. John Doe 2:22-cv-00559-SPC-KCD | ORDER granting in part and denying in part [10] Motion for Leave to Serve a Third-Party Subpoena. See order for details. Signed by Magistrate Judge Kyle C. Dudek on 9/23/2022. (Dudek, Kyle)
| Judge Sheri Polster Chappell |
09/23/2022 | Strike 3 Holdings, LLC v. John Doe 2:22-cv-00558-SPC-KCD | ORDER granting in part and denying in part [9] Motion for Leave to Serve a Third-Party Subpoena. See order for details. Signed by Magistrate Judge Kyle C. Dudek on 9/23/2022. (Dudek, Kyle)
| Judge Sheri Polster Chappell |
09/23/2022 | Strike 3 Holdings, LLC v. John Doe 2:22-cv-00556-SPC-KCD | ORDER granting in part and denying in part [9] Motion for Leave to Serve a Third-Party Subpoena. See order for details. Signed by Magistrate Judge Kyle C. Dudek on 9/23/2022. (Dudek, Kyle)
| Judge Sheri Polster Chappell |
09/23/2022 | Strike 3 Holdings, LLC v. John Doe 2:22-cv-00555-SPC-KCD | ORDER granting in part and denying in part [11] Motion for Leave to Serve a Third-Party Subpoena. See order for details. Signed by Magistrate Judge Kyle C. Dudek on 9/23/2022. (Dudek, Kyle)
| Judge Sheri Polster Chappell |