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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Filed

Case

Description

Presiding Judge

04/17/2019Walker v. Jones
3:16-cv-01428-MMH-JBT
ORDER denying [1] Petition; dismissing action with prejudice; directing the Clerk of the Court to enter judgment and close the file; denying a certificate of appealability. Signed by Judge Marcia Morales Howard on 4/17/2019. (JW)
Judge Marcia Morales Howard
04/16/2019Thomas v. State of Florida et al
3:19-cv-00365-MMH-JRK
ORDER striking Plaintiff's [1] Complaint. Plaintiff shall file an amended complaint on or before May 17, 2019. Please see Order for details. Signed by Judge Marcia Morales Howard on 4/15/2019. (MMG)
Judge Marcia Morales Howard
04/12/2019Kiedrowski v. The Jacksonville Sheriff's Office
3:19-cv-00399-MMH-JRK
ORDER dismissing without prejudice [1] and dismissing case without prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 4/12/2019. (ACT)
Judge Marcia Morales Howard
04/10/2019Sanchez v. Jones et al
3:16-cv-01400-MMH-MCR
ORDER denying [1] Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 4/10/2019. (ACT)
Judge Marcia Morales Howard
04/08/2019Meide v. Pulse Evolution Corporation et al
3:18-cv-01037-MMH-MCR
ORDER granting in part and denying in part [54] Expedited motion for an immediate order staying third-party discovery, expedited motion to quash subpoenas and/or for a protective order. Signed by Magistrate Judge Monte C. Richardson on 4/8/2019.
Judge Marcia Morales Howard
04/05/2019Collando-Pena v. Secretary Florida Department of Corrections
3:16-cv-01109-MMH-PDB
ORDER denying [1] Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 4/5/2019. (ACT)
Judge Marcia Morales Howard
04/04/2019Benoit v. City of Lake City, Florida et al
3:17-cv-00854-MMH-JBT
ORDER adopting [54] Report and Recommendation; granting, in part, and denying, in part, [45] Defendant City of Lake City's Motion to Tax Costs and [47] Defendant Gerald L. Ford's Motion to Tax Costs. The Clerk of the Court is directe
Judge Marcia Morales Howard
04/03/2019ALBERTIE v. UNITED PARCEL SERVICE, INC.
3:19-cv-00299-MMH-JBT
ORDER denying [12] Motion to Extend Time, and remanding this case. The Clerk of the Court is directed to transmit a certified copy of this Order to the clerk of the state court and close the file. See Order for details. Signed by Judge Marcia Mo
Judge Marcia Morales Howard
04/03/2019M. v. McGarvey
3:18-cv-01409-MMH-JRK
ORDER adopting [9] Report and Recommendation; dismissing case without prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 4/2/2019. (JW)
Judge Marcia Morales Howard
04/03/2019Qi v. McGarvey
3:18-cv-01408-MMH-JRK
ORDER adopting [7] Report and Recommendation; dismissing case without prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 4/2/2019. (JW)
Judge Marcia Morales Howard
04/03/2019USA v. Brown
3:18-cr-00089-MMH-JRK
ORDER denying [59] Defendant Reginald Brown's Motion to Sever the Trial of Reginald Brown From the Trial of Katrina Brown and Memorandum of Law; denying [65] Defendant Katrina Brown's Motion to Sever Counts Thirty-Four Through Thirty-S
ORDER denying [60] Defendant Reginald Brown's Motion to Dismiss Counts 15-33 of the Indictment; denying [67] Defendant Katrina Brown's Motion to Dismiss Counts Fifteen Through Thirty-Three. Signed by Judge Marcia Morales Howard on 4/
Judge Marcia Morales Howard
04/03/2019Williams v. State of Florida et al
3:16-cv-01230-MMH-JRK
ORDER denying [1] Petition for Writ of Habeas Corpus; dismissing action with prejudice; directing the Clerk of the Court to enter judgment and close the case; denying a certificate of appealability. Signed by Judge Marcia Morales Howard on 4/3/
Judge Marcia Morales Howard
04/01/2019Suarez-Lopez v. United States Attorney General et al
3:18-cv-01489-MMH-PDB
ORDER dismissing as moot [1] Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 4/1/2019. (ACT)
Judge Marcia Morales Howard
03/29/2019Day-Cordes v. Janssen Pharmaceuticals, Inc. et al
3:18-cv-01297-MMH-JRK
ORDERED: To the extent that she requests affirmative relief from the Court, [35] Plaintiff's Response in Opposition to Defendants' Motion to Dismiss the Third Amended Complaint is DENIED without prejudice. See Order for details. Signe
Judge Marcia Morales Howard
03/29/2019Michigan Carpenters' Pension Fund, et. al. v. Rayonier Advanced Materials, Inc., et al.
3:18-cv-00771-MMH-JRK
ORDER directing the Clerk of the Court to correct the caption of the case; denying [83] Lead Plaintiffs' Motion to Strike Extraneous Materials and References Thereto in Defendants' Motion to Dismiss the Amended Complaint; granting [69]
Judge Marcia Morales Howard
03/28/2019Davis et al v. Inch, et al
3:17-cv-00820-MMH-PDB
ORDER denying [45] Defendants' Motion to Dismiss Amended Complaint. Answer due April 22, 2019. Preliminary Pretrial Conference set for April 30, 2019, at 2:00 p.m. Signed by Judge Marcia Morales Howard on 3/28/2019. (JW)
Judge Marcia Morales Howard
03/27/2019Qi v. Bureau of Vital Statistics, Jacksonville, Florida
3:18-cv-01407-MMH-JRK
ORDER adopting [5] Report and Recommendation. This case is dismissed without prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 3/26/2019. (JW)
Judge Marcia Morales Howard
03/26/2019Joyce v. The United States
3:18-cv-01521-MMH-JBT
ORDER adopting [8] Report and Recommendation; denying [4] Motion for leave to proceed in forma pauperis/affidavit of indigency filed by Patricia G. Joyce; dismissing case. The Clerk of the Court is directed to close the file. Signed by Judg
Judge Marcia Morales Howard
03/26/2019Rhodes et al v. Belk Department Stores, Inc. et al
3:18-cv-01466-MMH-JRK
ORDER adopting [8] Report and Recommendation; denying [2] Motion for leave to proceed in forma pauperis/affidavit of indigency filed by Mervin G. Rhodes; dismissing case without prejudice. The Clerk of the Court is directed to close the file.
Judge Marcia Morales Howard
03/21/2019LANARD TOYS LIMITED v. TOYS #R# US-DELAWARE,INC. et al
3:15-cv-00849-MMH-PDB
ORDER granting, in part, and denying, in part, [310] Plaintiff's Motion to (1) Strike the Supplemental Report of Ronald B. Kemnitzer as Untimely; and (2) Exclude the Opinions and Testimony of the Defendants' Purported Expert Ronald B. K
Judge Marcia Morales Howard
03/20/2019LANARD TOYS LIMITED v. TOYS #R# US-DELAWARE,INC. et al
3:15-cv-00849-MMH-PDB
ORDER granting in part and denying in part [465] the plaintiff's motion to maintain documents under seal. Signed by Magistrate Judge Patricia D. Barksdale on 3/20/2019. (KNR)
Judge Marcia Morales Howard
03/19/2019Eaton v. Winn - Dixie Stores, Inc.
3:18-cv-00921-MMH-MCR
ORDER granting [6] Defendant's Motion to Dismiss Complaint; dismissing case without prejudice; directing the Clerk of the Court to close the file and to refund the filing fee. Signed by Judge Marcia Morales Howard on 3/18/2019. (JW)
Judge Marcia Morales Howard
03/18/2019ALBERTIE v. UNITED PARCEL SERVICE, INC.
3:19-cv-00299-MMH-JBT
ORDERED: Defendant United Parcel Service, Inc. shall have up to and including April 1, 2019, to file an amended notice of removal demonstrating that this Court has subject matter jurisdiction over this case. See Order for details. Signed by Judg
Judge Marcia Morales Howard
03/18/2019Demicher v. Lyon Condominium Association, Inc. et al
3:18-cv-01065-MMH-MCR
ORDER granting [11] Defendants' Motion to Dismiss Plaintiff's Amended Complaint for Lack of Subject Matter Jurisdiction. This case is dismissed with prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Ma
Judge Marcia Morales Howard
03/14/2019Benoit v. City of Lake City, Florida et al
3:17-cv-00854-MMH-JBT
REPORT AND RECOMMENDATIONS re [45] Defendant City of Lake City's Motion to Tax Costs and [47] Defendant Gerald L. Ford's Motion to Tax Costs. Signed by Magistrate Judge Joel B. Toomey on 3/14/2019. (RLS)
Judge Marcia Morales Howard
03/13/2019M. v. McGarvey
3:18-cv-01409-MMH-JRK
REPORT AND RECOMMENDATION re [1] Complaint filed by B. B. M. Signed by Magistrate Judge James R. Klindt on 3/13/2019. (BHC)
Judge Marcia Morales Howard
03/13/2019Qi v. McGarvey
3:18-cv-01408-MMH-JRK
REPORT AND RECOMMENDATION re [1] Complaint filed by Meiji Qi. Signed by Magistrate Judge James R. Klindt on 3/13/2019. (BHC)
Judge Marcia Morales Howard
03/13/2019Rhodes v. Robbins
3:18-cv-00673-MMH-JBT
ORDER granting in part and denying in part [23] Defendant's Motion to Dismiss Plaintiff's Third Amended Complaint. Signed by Judge Marcia Morales Howard on 3/13/2019. (JW)
Judge Marcia Morales Howard
03/13/2019Spitalieri, II v. Smith
5:16-cv-00087-MMH-PRL
ORDER denying [1] Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 3/12/2019. (ACT)
Judge Marcia Morales Howard
03/11/2019White v. Florida Department of Corrections et al
3:16-cv-01241-MMH-MCR
ORDER dismissing with prejudice [1] Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 3/11/2019. (ACT)
Judge Marcia Morales Howard
03/11/2019Williams v. Secretary, Florida Department of Corrections et al
3:16-cv-00045-MMH-JRK
ORDER granting in part and denying in part [81] Defendants' Motion for Summary Judgment; directing the Clerk to terminate Defendant Lester Fernandez; denying without prejudice Plaintiff's request to amend; denying Plaintiff's requ
Judge Marcia Morales Howard
03/08/2019Guardino v. Flagler County Tax Collectors Office
3:18-cv-01318-MMH-JBT
ORDER adopting [15] Report and Recommendation; denying [4] Motion for leave to proceed in forma pauperis/affidavit of indigency filed by Stephen Leonard Guardino, Jr.; dismissing case. The Clerk of the Court is directed to close the file.
Judge Marcia Morales Howard
03/07/2019Qi v. Bureau of Vital Statistics, Jacksonville, Florida
3:18-cv-01407-MMH-JRK
REPORT AND RECOMMENDATION re [1] Complaint filed by Meiji Qi. Signed by Magistrate Judge James R. Klindt on 3/7/2019. (BHC)
Judge Marcia Morales Howard
03/07/2019Guardino v. River Point Behavioral Health
3:18-cv-01391-MMH-JBT
ORDER adopting [9] Report and Recommendation; denying [2] Motion for leave to proceed in forma pauperis/affidavit of indigency filed by Stephen Leonard Guardino, Jr.; dismissing case without prejudice. The Clerk of the Court is directed to clo
Judge Marcia Morales Howard
03/06/2019Stewart v. Commissioner of Social Security
3:18-cv-00763-MMH-JBT
ORDER adopting [16] Report and Recommendation. The Clerk of the Court is directed to enter judgment affirming the Commissioner's final decision and close the file. Signed by Judge Marcia Morales Howard on 3/6/2019. (JW)
Judge Marcia Morales Howard
03/04/2019U.S. Commodity Futures Trading Commission v. Allied Markets, LLC et al
3:15-cv-00005-MMH-MCR
ORDER granting in part and denying in part [53] Plaintiff's Motion for Summary Judgment Against Defendants Joshua Gilliland and Chawalit Wongkhiao. The Clerk of the Court is directed to enter judgment in accordance with this Order. Plaint
Judge Marcia Morales Howard
03/01/2019Little v. Cheatham et al
5:18-cv-00303-MMH-PRL
ORDER denying [21] Motion for Preliminary Injunction in accord with the attached order. Signed by Judge William F. Jung on 3/1/2019. (CCB)
Judge Marcia Morales Howard
03/01/2019LANARD TOYS LIMITED v. TOYS #R# US-DELAWARE,INC. et al
3:15-cv-00849-MMH-PDB
ORDER denying [374] the plaintiff's motion to maintain documents under seal without prejudice to filing any new motion to seal by March 15, 2019; granting [375] the defendants' motion to maintain documents under seal; and directing the
ORDER denying [406] the defendants' motion for sanctions. Signed by Magistrate Judge Patricia D. Barksdale on 3/1/2019. (KNR)
Judge Marcia Morales Howard
02/27/2019Joyce v. The United States
3:18-cv-01521-MMH-JBT
REPORT AND RECOMMENDATIONS re [4] Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs. Signed by Magistrate Judge Joel B. Toomey on 2/27/2019. (RLS)
Judge Marcia Morales Howard
02/27/2019Rhodes et al v. Belk Department Stores, Inc. et al
3:18-cv-01466-MMH-JRK
REPORT AND RECOMMENDATION re [2] Plaintiff's Application to Proceed in District Court Without Prepaying Fees or Costs, construed as a Motion to Proceed In Forma Pauperis. Signed by Magistrate Judge James R. Klindt on 2/27/2019. (BHC)
Judge Marcia Morales Howard
02/26/2019Coring, III v. Department of Corrections et al
3:14-cv-00162-MMH-JBT
ORDER denying [183] Plaintiff's Motion for Summary Judgment; denying as moot [185] Holmes' Motion for Summary Judgment; dismissing Michael T. Holmes, Jr.; directing the parties to confer, and notify the Court by March 22, 2019, whether t
Judge Marcia Morales Howard
02/25/2019Oreo Asset Holdings, LLLP v. San Miguel Management, LP
3:18-cv-00423-MMH-PDB
ORDER denying [28] the defendant's motion to compel amended damages disclosures; granting [29] the defendant's motion to compel better responses to interrogatories and requests for production; and denying [34] the plaintiff's motio
Judge Marcia Morales Howard
02/21/2019Harold v. Jones et al
3:16-cv-00888-MMH-JRK
ORDER denying [1] Petition and dismissing case with prejudice, with directions to the Clerk. Signed by Judge Marcia Morales Howard on 2/21/2019. (ACT)
Judge Marcia Morales Howard
02/20/2019United States of America v. Wernicke
3:18-cv-00605-MMH-JBT
ORDER denying without prejudice [29] United States' Motion for Summary Judgment. Signed by Judge Marcia Morales Howard on 2/20/2019. (JW)
Judge Marcia Morales Howard
02/19/2019Alvin v. Housing and Urban Developement (HUD)
3:18-cv-00826-MMH-MCR
ORDER adopting [7] Report and Recommendation; denying [6] Motion for leave to proceed in forma pauperis/affidavit of indigency filed by Alvin Xex Alvin; dismissing case without prejudice. The Clerk of the Court is directed to close the file.
Judge Marcia Morales Howard
02/19/2019Sterling Equipment, Inc. v. St. Johns Ship Building, Inc.
3:18-cv-00504-MMH-MCR
ORDER adopting [16] Report and Recommendation; granting, in part, and denying, in part, [13] Petitioner's Motion for Default Judgment and Confirmation of Arbitration Award. The Clerk of the Court is directed to enter judgment in accordan
Judge Marcia Morales Howard
02/19/2019Doshi et al v. Cagle Road Land LLC et al
3:17-cv-00308-MMH-JRK
ORDER adopting [39] Report and Recommendation; denying [22] Defendants' Motion to Dismiss Amended Complaint. Response to Amended Complaint due no later than March 5, 2019. Signed by Judge Marcia Morales Howard on 2/19/2019. (JW)
Judge Marcia Morales Howard
02/15/2019Wilson v. Hinton et al
3:17-cv-01045-MMH-MCR
ORDER granting in part and denying in part [34] Defendants' Motion to Dismiss Plaintiff's Amended Complaint; granting [42] Defendants' Motion for Partial Summary Judgment. Signed by Judge Marcia Morales Howard on 2/15/2019. (JW
Judge Marcia Morales Howard
02/13/2019Mulligan v. State of Florida
3:16-cv-01006-MMH-JBT
ORDER denying [10] Amended Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 2/13/2019. (ACT)
Judge Marcia Morales Howard
02/13/2019Powell v. Harris et al
5:16-cv-00303-MMH-PRL
ORDER denying [177] Motion for temporary restraining order. Signed by Judge William F. Jung on 2/13/2019. (CCB)
Judge Marcia Morales Howard
02/13/2019Burton v. United States of America
3:15-cv-01467-MMH-JBT
ORDER denying [1] Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence. The Court also denies a certificate of appealability. The Clerk should enter judgment in favor of the United States and close the file. Signed by Judge Marc
Judge Marcia Morales Howard
02/12/2019Johnson v. Secretary, Department of Corrections et al
3:16-cv-00884-MMH-JBT
ORDER dismissing with prejudice [1] Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 2/12/2019. (ACT)
Judge Marcia Morales Howard
02/12/2019Sebulski v. Secretary, Department of Corrections et al
3:16-cv-00831-MMH-PDB
ORDER denying [1] Petition and dismissing case with prejudice, with directions to the Clerk. Signed by Judge Marcia Morales Howard on 2/12/2019. (ACT)
Judge Marcia Morales Howard
02/07/2019Smith v. City of Atlantic Beach
3:18-cv-01459-MMH-MCR
ORDERED: To the extent that he requests affirmative relief from the Court, [18] Plaintiff's Response in Opposition is DENIED without prejudice. See Order for details. Signed by Judge Marcia Morales Howard on 2/7/2019. (MHM)
Judge Marcia Morales Howard
02/07/2019Guardino v. River Point Behavioral Health
3:18-cv-01391-MMH-JBT
REPORT AND RECOMMENDATIONS re [2] Plaintiff's Motion to Proceed In Forma Pauperis. Signed by Magistrate Judge Joel B. Toomey on 2/7/2019. (TAM)
Judge Marcia Morales Howard
02/07/2019Guardino v. Flagler County Tax Collectors Office
3:18-cv-01318-MMH-JBT
REPORT AND RECOMMENDATIONS re [4] Plaintiff's Motion to Proceed In Forma Pauperis. Signed by Magistrate Judge Joel B. Toomey on 2/7/2019. (TAM)
Judge Marcia Morales Howard
02/07/2019Stewart v. Commissioner of Social Security
3:18-cv-00763-MMH-JBT
REPORT AND RECOMMENDATIONS re [1] Complaint filed by Anthony Stewart. Signed by Magistrate Judge Joel B. Toomey on 2/7/2019. (RLS)
Judge Marcia Morales Howard
02/07/2019Baldwin v. McDonald
5:15-cv-00594-MMH-PRL
ORDER directing the Clerk of the Court to substitute Defendant; denying [79] Plaintiff's Request for Relief to Reply; denying [87] Plaintiff's Request to Add an Additional Claim of Reprisal of Prior EEO Activity; granting [69] Defendan
Judge Marcia Morales Howard
02/05/2019Artica-Romero v. United States of America
3:18-cv-00969-MMH-PDB
ORDER denying [22] Amended Motion Under 28 U.S.C. 2255 to Vacate, Set Aside, or Correct Sentence. The Court also denies a certificate of appealability. The Clerk shall term any pending motions and close the file. Signed by Judge Marcia Morales H
Judge Marcia Morales Howard
02/05/2019Woods v The United States of America
3:17-cv-01347-MMH-MCR
ORDER adopting [29] Report and Recommendation; denying [14] Defendant's Motion to Dismiss. Answer due February 19, 2019. Signed by Judge Marcia Morales Howard on 2/5/2019. (JW)
Judge Marcia Morales Howard
02/05/2019McNeely v. Secretary, Florida Department of Corrections et al
3:16-cv-00377-MMH-MCR
ORDER granting [82] Defendants' Motion, with directions to the Clerk to terminate any pending motions and close the case. Signed by Judge Marcia Morales Howard on 2/5/2019. (BL)
Judge Marcia Morales Howard
02/04/2019Kalit v. Target Corporation et al
3:18-cv-01101-MMH-MCR
ORDER denying [9] Plaintiff's Motion to Remand; dismissing without prejudice Defendant Suheily Figueroa; directing the Clerk of the Court to terminate this Defendant. Signed by Judge Marcia Morales Howard on 2/4/2019. (JW)
Judge Marcia Morales Howard
02/04/2019Silva v. TAS Rights Management, LLC
3:18-cv-00688-MMH-JRK
ORDER granting [48] Defendant's Motion for Contempt, Sanctions, and Dismissal With Prejudice; dismissing case with prejudice; directing the Clerk of the Court to close the file. Signed by Judge Marcia Morales Howard on 2/1/2019. (JW)
Judge Marcia Morales Howard
02/04/2019Eiras v. State of Florida Department of Business & Professional Regulation Division of Alcoholic Beverage and Tobacco et al
3:16-cv-00231-MMH-PDB
ORDER denying [58] Plaintiff's Request for Oral Argument; granting [57] Defendant Eugene R. Baker, Jr.'s Motion for Final Summary Judgment; directing the Clerk of the Court to enter judgment and close the file. Signed by Judge Marcia
Judge Marcia Morales Howard
02/01/2019Sterling Equipment, Inc. v. St. Johns Ship Building, Inc.
3:18-cv-00504-MMH-MCR
REPORT AND RECOMMENDATION re [13] Motion for Default Judgment against St. Johns Ship Building, Inc. filed by Sterling Equipment, Inc.. Signed by Magistrate Judge Monte C. Richardson on 2019-01-31. (MM)
Judge Marcia Morales Howard
01/30/2019Doshi et al v. Cagle Road Land LLC et al
3:17-cv-00308-MMH-JRK
REPORT AND RECOMMENDATION regarding [22] Defendants' Motion to Dismiss Amended Complaint. Signed by Magistrate Judge James R. Klindt on 1/30/2019. (KAW)
Judge Marcia Morales Howard
01/30/2019Grant v. Ocwen Loan Servicing, LLC
3:15-cv-01376-MMH-PDB
FINAL ORDER AND JUDGMENT. The [101] Motion for Approval of Attorneys' Fees and [105] Motion for Final Approval of Class Action Settlement are GRANTED. See Order for details. Signed by Judge Marcia Morales Howard on 1/29/2019. (MHM)
Judge Marcia Morales Howard
01/29/2019Spivey v. Secretary, Department of Corrections et al
3:15-cv-00023-MMH-JRK
ORDER granting [23] Motion to Dismiss, dismissing with prejudice [13] Amended Petition, and dismissing case with prejudice with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 1/29/2019. (ACT)
Judge Marcia Morales Howard
01/25/2019Rivers v. Secretary, Florida Department of Corrections et al
3:16-cv-00749-MMH-JRK
ORDER denying [6] Amended Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 1/25/2019. (ACT)
Judge Marcia Morales Howard
01/24/2019Mack v. State of Florida et al
3:16-cv-00782-MMH-JBT
ORDER granting [15] Motion to Dismiss, dismissing with prejudice [1] Petition, and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 1/24/2019. (ACT)
Judge Marcia Morales Howard
01/23/2019Wallace v. Secretary, Department of Corrections et al
3:15-cv-01206-MMH-MCR
ORDER denying [27] Amended Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 1/22/2019. (ACT)
Judge Marcia Morales Howard
01/22/2019Berger v. Carlton et al
3:17-cv-01191-MMH-JBT
ORDER partially granting [30] motion to dismiss; directing Defendants to answer or otherwise respond by February 20, 2019; setting deadlines; the parties must conduct discovery so the due date of any discovery requested is no later than June 24,
Judge Marcia Morales Howard
01/22/2019Sandler at Bartram Lakes, L.L.C. v. Comcast of Florida/Georgia/Illinois/Michigan, LLC
3:17-cv-00809-MMH-PDB
ORDER granting in part and denying in part [67] Sandler at Bartram Lakes, L.L.C.'s, motion to compel discovery and extend case management deadlines. Signed by Magistrate Judge Patricia D. Barksdale on 1/22/2019. (KNR)
Judge Marcia Morales Howard
01/18/2019Deutsche Bank National Trust Company, as Trustee of Vendee Mortgage Trust 2010-1 v. Brantley et al
3:18-cv-01315-MMH-MCR
ORDER remanding case to state court. The Clerk of Court is directed to close the file. Signed by Judge Marcia Morales Howard on 1/18/2019. (MMG)
Judge Marcia Morales Howard
01/18/2019Upfitters, L.L.C. v. Brooking et al
3:18-cv-00496-MMH-PDB
ORDER striking Defendants' [57] Counterclaims and Third-Party Complaint. Defendants shall file an amended Counterclaims and Third-Party Complaint on or before February 8, 2019. Please see Order for details. Signed by Judge Marcia Morales H
Judge Marcia Morales Howard
01/16/2019Mid-America Apartments LP v. Vannest et al
3:19-cv-00052-MMH-PDB
ORDER directing the Clerk of the Court to remand this case, to transmit a certified copy of this Order to the clerk of the state court, and to close this case. Signed by Judge Marcia Morales Howard on 1/16/2019. (JW)
Judge Marcia Morales Howard
01/16/2019Alvin v. Housing and Urban Developement (HUD)
3:18-cv-00826-MMH-MCR
REPORT AND RECOMMENDATION re [6] MOTION for leave to proceed in forma pauperis/affidavit of indigency and [1] Complaint. Signed by Magistrate Judge Monte C. Richardson on 1/16/2019. (MM)
Judge Marcia Morales Howard
01/14/2019Jean-Ewoll v. Sergeant Tate et al
3:17-cv-00938-MMH-JBT
ORDER granting in part and denying in part [32] Motion to Dismiss for Failure to State a Claim; granting in part and denying in part [33] Motion to Dismiss for Failure to State a Claim; granting [42] Motion; directing Defendants Tate and Aviles t
Judge Marcia Morales Howard
01/08/2019Wojcik v. Metropolitan Casualty Insurance Company
3:19-cv-00039-MMH-PDB
ORDER re [1] Notice of Removal. To the extent that Plaintiff believes removal of this action is untimely, Plaintiff may file a motion to remand the matter to the state court on or before February 6, 2019. If Plaintiff fails to file a timely motio
Judge Marcia Morales Howard
01/08/2019Early v. United States of America
3:15-cv-00487-MMH-JBT
ORDER denying [30] Motion for Reconsideration. The Court denies a certificate of appealability as well. Signed by Judge Marcia Morales Howard on 1/8/2019. (JHC)
Judge Marcia Morales Howard
01/07/2019Hynes v. Certain Interested Underwriters at Lloyd's, London Subscribing to Policy Number AGY 14079205 et al
3:19-cv-00016-MMH-JRK
ORDER: Defendants are ordered to provide the Court with supplemental information to establish subject matter jurisdiction. Additional information is due on or before January 28, 2019. See Order for details. Signed by Judge Marcia Morales Howard
Judge Marcia Morales Howard
01/04/2019Guardino v. Flagler County Tax Collectors Office
3:18-cv-01318-MMH-JBT
ORDER denying without prejudice [10] Plaintiff's Motion for Summary Judgment. Signed by Judge Marcia Morales Howard on 1/4/2019. (JW)
Judge Marcia Morales Howard
01/04/2019James v. State of Florida et al
3:16-cv-00491-MMH-JRK
ORDER denying [1] Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 1/4/2019. (ACT)
Judge Marcia Morales Howard
01/03/2019Laffey v. JPMorgan Chase & Company
3:18-cv-01486-MMH-JRK
ORDER striking Plaintiff's [1] Complaint. Plaintiff shall file an amended complaint on or before January 21, 2019. Please see Order for detailsSigned by Judge Marcia Morales Howard on 1/3/2019. (MMG)
Judge Marcia Morales Howard
01/03/2019USA v. Sanchez
3:18-cr-00083-MMH-JRK
ORDER denying [47] Defendant Pedro Sanchez's Oral Motion for Judgment of Acquittal. Signed by Judge Marcia Morales Howard on 1/3/2019. (JW)
FINDINGS of Fact and Conclusions of Law and Adjudication of Guilt. Sentencing set for April 1, 2019, at 9:30 a.m. Signed by Judge Marcia Morales Howard on 1/3/2019. (JW)
Judge Marcia Morales Howard
01/03/2019Woods v The United States of America
3:17-cv-01347-MMH-MCR
REPORT AND RECOMMENDATION re [14] MOTION to Dismiss for lack of subject matter jurisdiction and for failure to state a claim filed by The United States of America. Signed by Magistrate Judge Monte C. Richardson on 1/3/2019. (ADM)
Judge Marcia Morales Howard
01/03/2019Pray v. Ogunsamus et al
3:16-cv-00180-MMH-JBT
ORDER granting, in part, and denying, in part, [74] Defendants Pollard and Varghese's Motion to Dismiss; dismissing, without prejudice, John Does 1 through 5. The Clerk of the Court is directed to close the file. Signed by Judge Marcia M
Judge Marcia Morales Howard
01/02/2019Sandler at Bartram Lakes, L.L.C. v. Comcast of Florida/Georgia/Illinois/Michigan, LLC
3:17-cv-00809-MMH-PDB
ORDERED: To the extent that it requests affirmative relief from the Court, [65] Plaintiff's Response in Opposition is DENIED without prejudice. See Order for details. Signed by Judge Marcia Morales Howard on 1/2/2019. (MHM)
Judge Marcia Morales Howard
01/02/2019Estate of Ronald Alexander Howard, II, Deceased, by: Cathy Pack, Personal Representative v. Holzman et al
3:17-cv-00778-MMH-JBT
ORDER adopting [224] Report and Recommendation; denying [197] Defendant Joseph Fares, M.D.'s Motion to Dismiss; granting [184] Defendant Vernon Montoya, M.D.'s Motion to Dismiss; granting [187] Defendant Martin I. Holzman, M.D.'s
Judge Marcia Morales Howard
12/20/2018USA v. Muller
3:18-cr-00085-MMH-PDB
ORDER denying [50] Defendant Trumaine Muller's Motion for Severance of Counts and Memorandum in Support. Signed by Judge Marcia Morales Howard on 2018-12-20. (JW)
Judge Marcia Morales Howard
12/17/2018Davis et al v. Inch, et al
3:17-cv-00820-MMH-PDB
ORDER denying as moot [63] the motion asking the Court to order psychiatric exams; denying in part and granting in part [66] the motion to bifurcate discovery; vacating the deadlines in [54] the amended case management and scheduling order pendin
Judge Marcia Morales Howard
12/13/2018Milton v. Franchot et al
3:18-cv-01383-MMH-MCR
ORDER dismissing without prejudice [1] Petition and dismissing case, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 2018-12-13. (ACT)
Judge Marcia Morales Howard
12/13/2018USA v. Hameen
3:18-cr-00115-MMH-JBT
ORDER denying [180] Defendant's Motion to Dismiss for Prosecutorial Misconduct in Reference to Brady Violation(s); denying [200] Defendant's Motion for Subpoena of Witness(es) for Motion to Dismiss for Prosecutorial Misconduct. Signed
ORDER denying [199] Defendant's Motion to Disqualify United States Attorney. Signed by Judge Marcia Morales Howard on 2018-12-13. (JW)
Judge Marcia Morales Howard
12/13/2018Smith v. United States of America
3:16-cv-00121-MMH-PDB
ORDER denying [1] Motion to Vacate, Set Aside, or Correct Sentence; denying [20] Motion for Leave to Amend. The Court further denies a certificate of appealability. The Clerk should enter judgment in favor of the United States and against Petitio
Judge Marcia Morales Howard
12/12/2018Smith v. City of Atlantic Beach
3:18-cv-01459-MMH-MCR
ORDER striking [3] Complaint. Plaintiff shall file an amended complaint consistent with the directives of this Order on or before January 4, 2019. See Order for details. Signed by Judge Marcia Morales Howard on 2018-12-12. (MHM)
Judge Marcia Morales Howard
12/12/2018Hedgecock v. First Coast Service Options, Inc. et al
3:18-cv-01456-MMH-PDB
ORDER striking Plaintiff, James L. Hedgecock's [1] Complaint. Plaintiff shall file an amended complaint on or before January 2, 2019. See Order for details. Signed by Judge Marcia Morales Howard on 2018-12-12. (MMG)
Judge Marcia Morales Howard
12/12/2018MCKENZIE v. MEDIATAKEOUT.COM, LLC d/b/a MEDIA TAKEOUT.COM
3:18-cv-01445-MMH-JBT
ORDER directing Defendant, Mediatakeout.com, to demonstrate that the Court has subject matter jurisdiction over this case, or seek appropriate relief enabling it to do so, on or before January 2, 2019. See Order for details.Signed by Judge Marcia
Judge Marcia Morales Howard
12/12/2018Pyrotechnique by Grucci, Inc. v. Sponenburgh et al
3:18-cv-01404-MMH-MCR
ORDER directing Plaintiff, Pyrotechnique by Grucci, Inc., to demonstrate that the Court has subject matter jurisdiction over this case, on or before January 2, 2019. See Order for details.Signed by Judge Marcia Morales Howard on 2018-12-12. (MMG)
Judge Marcia Morales Howard
12/11/2018USA v. Stoune
3:15-cr-00089-MMH-PDB
ORDER striking [140] Petitioner's Reply; overruling [133] Defendant's Response to the Court's Report and Recommendation; adopting [132] Report and Recommendation; denying [117] Defendant's Motion to Compel the Production an
Judge Marcia Morales Howard
12/10/2018Fisher v. In the Interest of Dustin Yaccarino
3:18-cv-01299-MMH-MCR
ORDER adopting [4] Report and Recommendation; denying [2] Motion for leave to proceed in forma pauperis/affidavit of indigency filed by James Fisher. This case is dismissed without prejudice. The Clerk of the Court is directed to close the
Judge Marcia Morales Howard
12/07/2018National Trust Insurance Company v. Columbia National Insurance Co.
3:18-cv-01440-MMH-JBT
ORDER striking [1] Complaint. Plaintiff shall file an amended complaint consistent with the directives of this Order on or before December 21, 2018. See Order for details. Signed by Judge Marcia Morales Howard on 12/6/2018. (MHM)
Judge Marcia Morales Howard
12/06/2018COX v. WARDEN et al
3:18-cv-01476-MMH-PDB
ORDER ADOPTING THE MAGISTRATE JUDGE'S REPORT AND RECOMMENDATION - The magistrate judge's report and recommendation (doc. [3]) is adopted and incorporated by reference in this order of the court. The clerk shall TRANSFE
Judge Marcia Morales Howard
12/06/2018Chase v. Florida Attorney General
3:15-cv-00571-MMH-PDB
ORDER denying [1] Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 12/4/2018. (ACT)
Judge Marcia Morales Howard
12/05/2018Estate of Ronald Alexander Howard, II, Deceased, by: Cathy Pack, Personal Representative v. Holzman et al
3:17-cv-00778-MMH-JBT
REPORT AND RECOMMENDATIONS re [197] Defendant Joseph Fares, M.D.'s Motion to Dismiss, [184] Defendant Vernon Montoya, M.D.'s Motion to Dismiss, [187] Defendant Martin I. Holzman, M.D.'s Motion to Dismiss, [186] Defendant Osvaldo Con
Judge Marcia Morales Howard
12/04/2018USA v. Hameen
3:18-cr-00115-MMH-JBT
ORDER denying [123] Motion to Suppress. See Order for details. Signed by Judge Marcia Morales Howard on 12/4/2018. (MHM)
Judge Marcia Morales Howard
12/03/2018Hogan v. Secretary, Department of Corrections et al
3:16-cv-00446-MMH-MCR
ORDER denying [1] Petition and dismissing case with prejudice, with directions to the Clerk. Signed by Judge Marcia Morales Howard on 12/3/2018. (ACT)
Judge Marcia Morales Howard
12/03/2018Knight v. Jones et al
3:16-cv-00389-MMH-JBT
ORDER denying [1] Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 12/3/2018. (ACT)
Judge Marcia Morales Howard
11/30/2018Walton v. Florida Department of Revenue
3:18-cv-00958-MMH-JRK
ORDER adopting [6] Report and Recommendation. This case is dismissed without prejudice. The Clerk of the Court is directed to close the file. Signed by Judge Marcia Morales Howard on 2018-11-30. (JW)
Judge Marcia Morales Howard
11/27/2018Dingle v. Commissioner of Social Security
3:18-cv-00375-MMH-JBT
ORDER adopting [17] Report and Recommendation. The Clerk of the Court is directed to enter judgment affirming the Commissioner's decision and close the file. Signed by Judge Marcia Morales Howard on 2018-11-27. (JW)
Judge Marcia Morales Howard
11/27/2018USA v. Burch
3:17-cr-00221-MMH-JBT
ORDER denying [172] Burch's Motion to Withdraw Guilty Plea and [205] Supplement to Motion to Withdraw Guilty Plea. Sentencing for this Defendant is set for Wednesday, January 23, 2019, at 3:00 p.m. Signed by Judge Marcia Morales Howard on
Judge Marcia Morales Howard
11/27/2018Rossetti v. The Rose Group, Inc.
3:16-cv-01357-MMH-JRK
ORDER granting [19] Defendant's Motion for Summary Judgment. The Clerk of the Court is directed to enter judgment and close the file. Signed by Judge Marcia Morales Howard on 2018-11-27. (JW)
Judge Marcia Morales Howard
11/27/2018USA v. Anderson
3:16-cr-00134-MMH-PDB
ORDER denying without prejudice [84] Mr. Anderson's request for copies of the docket and the sentencing transcript. Signed by Magistrate Judge Patricia D. Barksdale on 2018-11-27. (ABK)
Judge Marcia Morales Howard
11/26/2018Godwin v. United States of America
3:15-cv-01309-MMH-JBT
ORDER denying [1] Motion to Vacate, Set Aside, or Correct Sentence. The Clerk shall enter judgment in favor of the United States and against Petitioner, and close the file. Signed by Judge Marcia Morales Howard on 2018-11-26. (JHC)
Judge Marcia Morales Howard
11/19/2018Fisher v. In the Interest of Dustin Yaccarino
3:18-cv-01299-MMH-MCR
REPORT AND RECOMMENDATION re [1] Complaint filed by James Fisher, [2] MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by James Fisher. Signed by Magistrate Judge Monte C. Richardson on 2018-11-19. (ADM)
Judge Marcia Morales Howard
11/19/2018Dowe v. Secretary, Florida Department of Corrections et al
3:16-cv-00162-MMH-PDB
ORDER denying [1] Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 2018-11-19. (ACT)
Judge Marcia Morales Howard
11/15/2018Deutsche Bank National Trust Company, as Trustee of Vendee Mortgage Trust 2010-1 v. Brantley et al
3:18-cv-01315-MMH-MCR
ORDER directing Defendants Brenda G. Brantley Davis Wilson and Rodney Davis to provide the Court, no later than November 30, 2018, with sufficient information so that the Court can determine whether it has jurisdiction over this action. Please se
Judge Marcia Morales Howard
11/09/2018Carrigg et al v. General R.V. Center, Inc.
3:18-cv-00654-MMH-PDB
ORDER granting, in part, and denying, in part, [6] Defendant's Motion to Transfer Venue, or in the Alternative, Motion to Dismiss. The Clerk of the Court is directed to transfer this action and close the file. Signed by Judge Marcia Mo
Judge Marcia Morales Howard
11/08/2018Abdul-Karim v. Wilkinson & Sons Plastering Inc.
3:18-cv-01207-MMH-JBT
ORDER re [9] Plaintiff's Response to Order. The Clerk of the Court is directed to REMAND this case to the Circuit Court of the Fourth Judicial Circuit in and for Duval County, Florida, and to transmit a certified copy of this Order to the cl
Judge Marcia Morales Howard
11/07/2018COX v. WARDEN et al
3:18-cv-01476-MMH-PDB
REPORT AND RECOMMENDATION. It is respectfully RECOMMENDED that this case be transferred to the United States District Court for the Middle District of Florida, Jacksonville Division, for all further proceedings. Signed by MAGIST
Judge Marcia Morales Howard
11/06/2018HARRIS v. GEICO et al
3:18-cv-01300-MMH-MCR
ORDERED: Plaintiff John W. Harris shall have up to and including December 6, 2018, to file an amended complaint alleging sufficient information to establish this Court's subject matter jurisdiction over this action. See Order for details. Si
Judge Marcia Morales Howard
11/06/2018Day-Cordes v. Janssen Pharmaceuticals, Inc. et al
3:18-cv-01297-MMH-JRK
ORDER striking [2] Complaint. Plaintiff shall file an amended complaint consistent with the directives of this Order on or before November 21, 2018. See Order for details. Signed by Judge Marcia Morales Howard on 11/6/2018. (MHM)
Judge Marcia Morales Howard
11/06/2018Walton v. Florida Department of Revenue
3:18-cv-00958-MMH-JRK
REPORT AND RECOMMENDATION re [2] Motion to Proceed In Forma Pauperis. Signed by Magistrate Judge James R. Klindt on 11/6/2018. (BHC)
Judge Marcia Morales Howard
11/05/2018Dingle v. Commissioner of Social Security
3:18-cv-00375-MMH-JBT
REPORT AND RECOMMENDATIONS re [1] Complaint filed by Joann Fredericka Dingle. Signed by Magistrate Judge Joel B. Toomey on 11/5/2018. (TAM)
Judge Marcia Morales Howard
11/05/2018Newsome v. Dolgencorp, LLC
3:17-cv-00527-MMH-PDB
ORDER denying [24] Defendant's Motion to Strike Portions of Plaintiff's Statement of Disputed Facts; granting [18] Defendant's Motion for Summary Judgment. The Clerk of the Court is directed to enter judgment and close the file.
Judge Marcia Morales Howard
11/02/2018Bailey v. Williams et al
3:18-cv-00739-MMH-MCR
ORDER denying as moot [18] Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction; overruling [34] Plaintiff's Objection to Order; denying [35] Plaintiff's Request for Court Order. Signed by Judge Marcia
Judge Marcia Morales Howard
11/02/2018USA v. Johnson
3:18-cr-00090-MMH-JBT
ORDER denying [40] Defendant's Motion to Dismiss Indictment. The status conference set for November 19. 2018, at 3:00 p.m. is reset for November 8, 2018, at 11:30 a.m. Signed by Judge Marcia Morales Howard on 11/2/2018. (JW)
Judge Marcia Morales Howard
10/31/2018Toliver v. Jones et al
3:16-cv-00022-MMH-JRK
ORDER denying [1] Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 2018-10-31. (ACT)
Judge Marcia Morales Howard
10/31/2018Banks v. Jones
3:15-cv-01497-MMH-JBT
ORDER denying [12] Amended Petition and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 2018-10-31. (ACT)
Judge Marcia Morales Howard
10/29/2018Osmanovic v. Secretary, Department of Corrections, et al
3:15-cv-01257-MMH-PDB
ORDER denying [1] Petition and [26] Motion to Hear and Rule, and dismissing case with prejudice, with instructions to the Clerk. Signed by Judge Marcia Morales Howard on 2018-10-26. (ACT)
Judge Marcia Morales Howard
10/26/2018Adkins v. Family Dollar Stores of Florida, LLC
3:18-cv-01257-MMH-PDB
ORDERED: Defendant Family Dollar Stores of Florida, LLC shall have until November 16, 2018, to provide the Court with sufficient information so that it can determine whether it has diversity jurisdiction over this action. See Order for details. S
Judge Marcia Morales Howard
10/24/2018Angell et al v. Allergan, Inc. et al
3:18-cv-00282-MMH-JBT
ORDER striking [49] Response. Plaintiffs shall have up to and including November 7, 2018, to file an amended response which shall not exceed twenty-five (25) pages in length. See Order for details. Signed by Judge Marcia Morales Howard on 10/24/2
Judge Marcia Morales Howard
10/24/2018Hicks v. Allergan, Inc. et al
3:18-cv-00283-MMH-JBT
ORDER striking [49] Response. Plaintiff shall have up to and including November 7, 2018, to file an amended response which shall not exceed twenty-five (25) pages in length. See Order for details. Signed by Judge Marcia Morales Howard on 10/24/201
Judge Marcia Morales Howard