Recent Opinions

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This page contains links to opinions, orders, or memoranda from the previous six months. Anyone may download a copy of an opinion, order, or memorandum from this page at no cost or obtain it from the clerk's office for $.50 a page. To preserve the format and style of the original document, the materials are available only in Portable Document Format (PDF). A user must have Adobe Acrobat Reader, which can be downloaded for free from the Adobe website. Specific information about a case, including the entire docket, is available on PACER. Because this page changes, citation to the website is prohibited.

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Case

Description

Presiding Judge

03/22/2023USA 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
03/22/2023Avant 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
03/22/2023Rucker 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
03/21/2023Larkin 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
03/21/2023Parisi 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
03/20/2023Robbins 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
03/20/2023S.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
03/20/2023Sierra 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
03/20/2023Allen 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
03/20/2023USA 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
03/20/2023USA 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
03/17/2023Sweeney 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
03/16/2023Hedges 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
03/15/2023Disarro 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
03/15/2023Howard 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
03/15/2023Saito 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
03/15/2023USA 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
03/15/2023Jones 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
03/14/2023Saito 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
03/14/2023Schneider
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
03/14/2023Maletta 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
03/13/2023USA 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
03/13/2023Ireland 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
03/11/2023Iannotta 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
03/10/2023CareerStaff 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
03/10/2023Kerr 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
03/10/2023Toonen 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
03/10/2023USA 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
03/08/2023Walls 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
03/08/2023Howard 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
03/08/2023Dominguez 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
03/08/2023The 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
03/07/2023Kroft 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
03/07/2023Southern-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
03/07/2023Evanston 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
03/06/2023USA 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
03/06/2023USA 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
03/06/2023USA 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
03/02/2023Orso 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
03/01/2023Bahia 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
03/01/2023Saito 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
03/01/2023Cherdak 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
03/01/2023USA 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
03/01/2023Clements 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
03/01/2023USA 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
03/01/2023Holland 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
03/01/2023Storey 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
02/28/2023Williams 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
02/28/2023Dagostino 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
02/28/2023USA 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
02/28/2023Etienne 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
02/28/2023USA 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
02/28/2023Family 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
02/27/2023A.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
02/27/2023USA 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
02/27/2023USA 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
02/24/2023Disarro 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
02/23/2023Pluviose 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
02/23/2023USA 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
02/23/2023Las 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
02/23/2023USA 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
02/22/2023CareerStaff 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
02/22/2023USA 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
02/22/2023United 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
02/21/2023Persaud 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
02/17/2023Myers 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
02/17/2023Andrade 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
02/17/2023Shemenski 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
02/16/2023Wiens 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
02/16/2023Cherdak 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
02/16/2023Shemenski 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
02/15/2023Strike 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
02/15/2023A.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
02/15/2023Ramsey 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
02/15/2023United 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
02/15/2023Stermer 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
02/15/2023United 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
02/15/2023PB 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
02/15/2023USA 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
02/14/2023Saito 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
02/14/2023Morganti 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
02/14/2023Storey 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
02/14/2023USA 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
02/14/2023Thistle 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
02/14/2023USA 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
02/14/2023USA 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
02/13/2023USA 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
02/13/2023Corbin 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
02/13/2023Wolff 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
02/10/2023Saint-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
02/10/2023Saito 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
02/09/2023Difour 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
02/09/2023Smith 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
02/09/2023In 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
02/09/2023Yormak 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
02/09/2023Yormak 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
02/09/2023Yormak 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
02/09/2023Yormak 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
02/08/2023Amerisure 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
02/08/2023USA 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
02/07/2023Durham 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
02/07/2023Castillo 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
02/06/2023USA 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
02/06/2023Dero 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
02/06/2023USA 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
02/06/2023Saez 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
02/06/2023Allen 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
02/03/2023Amerisure 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
02/03/2023Elverd 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
02/03/2023Van 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
02/03/2023Timmons 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
02/03/2023Russo 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
02/03/2023Rigopoulos 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
02/03/2023MCF 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
02/03/2023CDO 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
02/02/2023Gibson 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
02/02/2023USA 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
02/02/2023Santiago 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
02/02/2023USA 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
02/01/2023Amerisure 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
02/01/2023LeClair 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
01/31/2023Sheets 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
01/31/2023Vest 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
01/31/2023Van 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
01/31/2023Timmons 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
01/31/2023Russo 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
01/31/2023Rigopoulos 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
01/31/2023MCF 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
01/31/2023Laremore 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
01/31/2023Judge 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
01/31/2023CDO 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
01/31/2023Blevins 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
01/31/2023Maletta 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
01/30/2023Cala 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
01/30/2023USA 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
01/30/2023USA 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
01/30/2023Dooley 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
01/30/2023USA 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
01/30/2023USA 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
01/30/2023Koehler 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
01/27/2023Cruz 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
01/27/2023Nationwide 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
01/27/2023Victor 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
01/27/2023Wolff 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
01/27/2023Mommens 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
01/27/2023Schneider
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
01/26/2023Davis 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
01/26/2023Lozada 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
01/26/2023Hanzevack 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
01/26/2023Thistle 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
01/25/2023Behl 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
01/24/2023Saito 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
01/24/2023JTH 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
01/23/2023Tusha 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
01/23/2023Volunteer 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
01/23/2023In 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
01/23/2023Myers 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
01/19/2023USA 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
01/18/2023USA 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
01/18/2023Elverd 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
01/17/2023Kerr 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
01/17/2023Ramsey 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
01/13/2023The 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
01/13/2023JTH 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
01/13/2023Jenkins 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
01/13/2023Edwards 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
01/12/2023Schwartz 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
01/12/2023Sierra 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
01/11/2023Shaw 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
01/11/2023Shaw 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
01/11/2023Parisi 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
01/11/2023Lockhart 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
01/11/2023Acufloor, 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
01/11/2023Harris 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
01/11/2023Andrade 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
01/10/2023USA 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
01/10/2023United 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
01/10/2023McNeal 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
01/10/2023Edwards 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
01/09/2023Strike 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
01/09/2023Strike 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
01/09/2023USA 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
01/09/2023Myers 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
01/09/2023Welsh 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
01/09/2023USA 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
01/06/2023Hamilton 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
01/05/2023Strong 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
01/04/2023Manganello 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
01/04/2023Cooper 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
01/04/2023Denson 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
01/03/2023Roster 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
12/30/2022C.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
12/30/2022Robbins 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
12/30/2022Leigh 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
12/30/2022USA 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
12/30/2022USA 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
12/30/2022Lange 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
12/30/2022USA 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
12/29/2022Schwartz 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
12/29/2022Progressive 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
12/29/2022USA 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
12/28/2022USA 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
12/27/2022Bassett 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
12/27/2022Saito 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
12/27/2022Dearing 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
12/27/2022Burke 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
12/27/2022Ford 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
12/27/2022Dover 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
12/22/2022Naqui 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
12/22/2022J.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
12/22/2022Belanger 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
12/21/2022Saito 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
12/21/2022Aero-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
12/20/2022Hogan 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
12/20/2022USA 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
12/19/2022USA 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
12/16/2022Friley 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
12/15/2022Chase 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
12/14/2022Bruce 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
12/14/2022Whitfield 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
12/14/2022Lane 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
12/14/2022USA 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
12/13/2022USA 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
12/13/2022Dodd 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
12/13/2022Mommens 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
12/13/2022Concord 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
12/09/2022Soriano 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
12/07/2022Pfeil 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
12/06/2022Agile 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
12/06/2022Free 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
12/06/2022Taylor 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
12/06/2022United 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
12/05/2022Davis 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
12/05/2022Rendon 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
12/05/2022USA 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
12/05/2022USA 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
12/02/2022USA 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
12/02/2022Cala 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
12/02/2022Palm 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
12/01/2022Simpson 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
12/01/2022PB 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
11/30/2022Longino 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
11/30/2022Shaw 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
11/30/2022Corbin 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
11/30/2022In 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
11/30/2022Smith 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
11/30/2022Harris 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
11/29/2022Leonovicz 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
11/29/2022USA 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
11/28/2022Green 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
11/23/2022Reid 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
11/23/2022Graziano 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
11/22/2022Bautista 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
11/22/2022USA 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
11/22/2022USA 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
11/22/2022USA 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
11/22/2022USA 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
11/22/2022Schneider
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
11/22/2022USA 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
11/21/2022The 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
11/21/2022Acufloor, 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
11/21/2022Wainey 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
11/21/2022USA 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
11/18/2022Free 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
11/18/2022Levin 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
11/18/2022Welsh 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
11/16/2022Lorch 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
11/16/2022Cappalli 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
11/16/2022Ensemble 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
11/16/2022In 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
11/16/2022USA 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
11/16/2022Progressive 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
11/15/2022USA 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
11/15/2022USA 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
11/15/2022Geico 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
11/14/2022Zhang 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
11/14/2022Elevation 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
11/14/2022Denson 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
11/10/2022Free 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
11/10/2022SFR 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
11/10/2022In 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
11/10/2022Leonovicz 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
11/10/2022Koehler 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
11/10/2022Burey 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
11/10/2022USA 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
11/09/2022In 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
11/09/2022USA 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
11/08/2022Green 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
11/08/2022Arthrex, 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
11/08/2022Free 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
11/08/2022USA 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
11/08/2022USA 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
11/08/2022USA 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
11/07/2022Camer 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
11/07/2022EmCyte 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
11/04/2022Harding 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
11/04/2022Lozada 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
11/04/2022Richards 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
11/03/2022Bautista 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
11/03/2022Scoma 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
11/02/2022Concord 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
11/01/2022Knoeringer 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
10/31/2022Stermer 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
10/31/2022Maletta 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
10/31/2022Shabazz 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
10/30/2022Suarez 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
10/28/2022Usenza 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
10/27/2022USA 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
10/27/2022USA 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
10/26/2022Ford 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
10/26/2022Denson 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
10/26/2022Walker 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
10/25/2022Dero 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
10/25/2022Hunter 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
10/24/2022USA 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
10/24/2022Strong 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
10/24/2022USA 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
10/24/2022USA 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
10/24/2022USA 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
10/24/2022USA 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
10/21/2022In 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
10/21/2022USA 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
10/21/2022USA 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
10/21/2022Wooden 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
10/21/2022Garrison 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
10/21/2022Sabal 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
10/21/2022Christoff 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
10/20/2022Ensemble 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
10/20/2022USA 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
10/19/2022Camer 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
10/19/2022Vest 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
10/19/2022Van 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
10/19/2022Timmons 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
10/19/2022Russo 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
10/19/2022Rigopoulos 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
10/19/2022MCF 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
10/19/2022Laremore 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
10/19/2022Judge 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
10/19/2022CDO 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
10/19/2022Blevins 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
10/18/2022Southern 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
10/18/2022Marine 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
10/18/2022Newman 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
10/18/2022Wertheim 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
10/18/2022Donohoe 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
10/18/2022Ward 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
10/18/2022Forbes 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
10/18/2022Sierra 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
10/18/2022USA 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
10/17/2022Reid 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
10/17/2022USA 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
10/14/2022Cherdak 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
10/14/2022Weist 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
10/14/2022Wainey 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
10/13/2022Davis 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
10/13/2022Mont 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
10/13/2022Pinto 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
10/12/2022Diamondhead 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
10/12/2022Wainey 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
10/11/2022Soriano 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
10/11/2022Usenza 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
10/06/2022Maxwell 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
10/06/2022Rodriguez 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
10/06/2022Barry 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
10/05/2022Carpezzi 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
10/04/2022Vintage 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
10/04/2022Singh 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
10/04/2022Genas 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
10/04/2022Simpson 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
10/04/2022Runion 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
10/04/2022USA 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
09/30/2022Calusa 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
09/30/2022Sabran 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
09/26/2022Partners 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
09/26/2022Sweetwater 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
09/26/2022Diamondhead 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
09/26/2022Garner 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
09/26/2022Cox 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
09/26/2022Vickaryous 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
09/26/2022Lebron 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
09/26/2022Manning 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
09/26/2022Kelly 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
09/26/2022Cheney 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
09/26/2022Pecora 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
09/26/2022Ferreira 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
09/26/2022Scotlynn 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
09/23/2022Strike 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
09/23/2022Strike 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
09/23/2022Strike 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
09/23/2022Strike 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