Filed |
Case |
Description |
Presiding Judge |
07/03/2024 | Smith v. Aquatech Dewatering and Pumping Technologies 2:23-cv-00197-SPC-KCD | ORDER granting [45] Motion to Extend the current discovery deadline and compel Plaintiff Damion Smith to appear for his deposition. The discovery deadline is extended to July 31, 2024. A new case management order will follow. The parties must
| Judge Sheri Polster Chappell |
07/03/2024 | Lamar Reed Jr. v. Sheriff, Hendry County et al 2:22-cv-00577-SPC-NPM | ORDERED: Defendant City of Fort Myers' Motion for Summary Judgment (Doc. [90]) is DENIED. Defendant Michael Luna's Motion for Summary Judgment (Doc. [91]) is DENIED. This case is REFERRED to United States Magistrate Judge Nicholas P.
| Judge Sheri Polster Chappell |
07/01/2024 | Mouse on Tha Track, LLC et al v. Celcius Nightclub, LLC et al 2:24-cv-00195-SPC-KCD | ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. [14]) is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiffs' Motion for Entry of Final Default Judgment (Doc. [13]) is GRANTED.
| Judge Sheri Polster Chappell |
07/01/2024 | Positano Place at Naples IV Condominium Association, Inc. v. Empire Indemnity Insurance Company 2:21-cv-00186-SPC-KCD | ORDER granting in part and denying in part [136] and [137] Memorandums in support of appraisal form. The parties' memorandums in support of appraisal form are GRANTED to the extent consistent with this Order. The memos are DENIED to the ex
| Judge Sheri Polster Chappell |
07/01/2024 | Positano Place at Naples III Condominium Association, Inc. v. Empire Indemnity Insurance Company 2:21-cv-00183-SPC-KCD | ORDER granting in part and denying in part [132] and [133] Memorandums in support of appraisal form. The parties' memorandums in support of appraisal form are GRANTED to the extent consistent with this Order. The memos are DENIED to the exte
| Judge Sheri Polster Chappell |
07/01/2024 | Positano Place at Naples II Condominium Association, Inc. v. Empire Indemnity Insurance Company 2:21-cv-00181-SPC-KCD | ORDER granting in part and denying in part [137] and [138] Memorandums in support of appraisal form. The parties' memorandums in support of appraisal form are GRANTED to the extent consistent with this Order. The memos are DENIED to the ex
| Judge Sheri Polster Chappell |
07/01/2024 | Positano Place at Naples I Condominium Association, Inc. v. Empire Indemnity Insurance Company 2:21-cv-00178-SPC-KCD | ORDER granting in part and denying in part [139] and [140] Memorandums in support of appraisal form. The parties' memorandums in support of appraisal form are GRANTED to the extent consistent with this Order. The memos are DENIED to the ext
| Judge Sheri Polster Chappell |
06/28/2024 | Gubanich v. State Farm Mutual Automobile Insurance Company 2:24-cv-00449-SPC-NPM | ORDERED: Plaintiff Robert Gubanich's Motion to Remand (Doc. [15]) is GRANTED. This action is REMANDED to the Twelfth Judicial Circuit in and for DeSoto County, Florida. The Clerk must send a certified copy of this Order to the Clerk of that
| Judge Sheri Polster Chappell |
06/28/2024 | Graves v. Great Lakes Insurance SE 2:23-cv-00373-SPC-KCD | ORDER granting in part and denying in part [69] Defendant Great Lakes Insurance SE's Motion to Strike Expert Report and Exclude Opinions and Testimony of Justin Walls. Plaintiff must update her disclosure for expert Justin Walls in full com
| Judge Sheri Polster Chappell |
06/28/2024 | Donohoe v. Osinga et al 2:21-cv-00534-SPC-NPM | OPINION AND ORDER re: [77] MOTION for Summary Judgment And Memorandum of Law, [75] MOTION for Summary Judgment. Plaintiff Dillon David Donohoe's Motion for Summary Judgment (Doc. 75) is DENIED and Defendants' Motion for Sum
| Judge Sheri Polster Chappell |
06/28/2024 | USA v. Gloster 2:19-cr-00173-SPC-M_M | ORDER: Defendant's #Motion to Amend Judgment Nunc Pro Tunc# (Doc. [56]) is denied without prejudice to any right Defendant may have to exhaust the available administrative remedies prior to filing a habeas petition. See Order for
| Judge Sheri Polster Chappell |
06/28/2024 | USA v. Shutt 2:17-cr-00083-SPC-KCD | ORDERED: Defendant's Motion for Compassionate Release (Doc. [185]) is DENIED. Signed by Judge Sheri Polster Chappell on 6/28/2024. (AEH)
| Judge Sheri Polster Chappell |
06/27/2024 | Cordovano v. Warden, Pinellas County Jail 2:24-cv-00595-SPC-NPM | OPINION AND ORDER. 1. Salvatore P. Cordovano's Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2241 (Doc. 1) is DISMISSED without prejudice. 2. The Clerk is DIRECTED to terminate all pending motions and deadlines, enter judgm
| Judge Sheri Polster Chappell |
06/27/2024 | More Automotive Products, Inc. v. Dollar Rent A Car, Inc. 2:24-cv-00457-SPC-NPM | ORDERED: Plaintiff More Automotive Products, Inc.'s Renewed Motion for Preliminary Injunction (Doc. [10]) is DENIED. Plaintiff More Automotive Products, Inc.'s Renewed Motion for Temporary and Preliminary Injunctive Relief (Doc. [9])
| Judge Sheri Polster Chappell |
06/27/2024 | Williams v. United States of America 2:19-cv-00271-SPC-M_M | OPINION AND ORDER re: [30] MOTION for Leave to Appeal. The Court thus denies Williams' construed motion for a certificate appealability (Doc. 30). The Court also certifies that Williams is not taking this appeal in good faith, so he may
| Judge Sheri Polster Chappell |
06/25/2024 | Perales Jr. v. Nababi et al 2:24-cv-00418-SPC-NPM | OPINION AND ORDER re: [12] MOTION for Temporary Restraining Order. Plaintiff Rene Perales Jr.'s Motion to Request for a Temporary Restraining Order (Doc. 12) is DENIED. Signed by Judge Sheri Polster Chappell on 6/25/2024. (BGS)
| Judge Sheri Polster Chappell |
06/25/2024 | Adkins v. Charlotte C.I. et al 2:24-cv-00199-SPC-KCD | OPINION AND ORDER re: [15] Order [16] Judgment - Prisoner. (1) The Court VACATES its June 21, 2024 Endorsed Order (Doc. 15) and SETS ASIDE the Judgment (Doc. 16). The Clerk is DIRECTED to reopen this case. (2) Adkins' claims against C
| Judge Sheri Polster Chappell |
06/24/2024 | Bluewave Communication Services, Inc v. PMRG Fiber Corp 2:24-cv-00532-SPC-KCD | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Collier County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Collier County, Flor
| Judge Sheri Polster Chappell |
06/24/2024 | Rothschild v. Anywhere Advisors LLC et al 2:24-cv-00304-SPC-KCD | ORDER withdrawing [11] Report and Recommendation because Plaintiff has moved for more time; granting [12] Motion for Extension of Time. Plaintiff must file an amended complaint that complies with the Court's prior Order (Doc. 4) by July 18
| Judge Sheri Polster Chappell |
06/24/2024 | Rothschild v. Pfizer Corporation et al 2:24-cv-00301-SPC-KCD | ORDER denying as moot [10] Motion for extension; granting [12] Motion for Extension of Time. Plaintiff must file an amended complaint that complies with the Court's prior Order (Doc. 4) by July 18, 2024. Failure to do so will result in a
| Judge Sheri Polster Chappell |
06/24/2024 | USA v. Hunter 2:23-cr-00147-SPC-KCD | JUDGMENT as to Willie James Hunter, Jr., Count 1, Imprisonment: 36 months; Supervised Release: 36 months; Forfeiture to be included in judgment; Special Assessment: $100; remand to the custody of the United States Marshal. Signed by Judge
| Judge Sheri Polster Chappell |
06/24/2024 | USA v. Irons 2:23-cr-00136-SPC-NPM | JUDGMENT as to Jddarrian Christopher Irons, Count 1, Imprisonment: 46 months; Supervised Release: 36 months; Special Assessment: $100; Forfeiture to be included in judgment; remand to the custody of the United States Marshal. Signed by Jud
| Judge Sheri Polster Chappell |
06/24/2024 | Kimberly Regenesis, LLC, et al v. Lee County, a Florida political subdivision 2:19-cv-00538-SPC-NPM | ORDERED: Defendant's Motion in Limine to Exclude Expert Testimony of Plaintiff's Designated Expert Witnesses (Doc. [148]) is DENIED. Plaintiffs' Partial Motion for Summary Judgment (Doc. [157]) is DENIED. 3. Defendant's Mot
| Judge Sheri Polster Chappell |
06/21/2024 | Ashton v. Parker House Properties, Inc. 2:24-cv-00572-SPC-KCD | ORDERED: Plaintiff's Motion for Temporary Restraining Order and Preliminary Injunction (Doc. [3]) is DENIED. Signed by Judge Sheri Polster Chappell on 6/21/2024. (AEH)
| Judge Sheri Polster Chappell |
06/21/2024 | USA v. Lopez-Perez 2:24-cr-00044-SPC-NPM | JUDGMENT as to Jesus Nestor Lopez-Perez, Count 1, Imprisonment: time served; Supervised Release: Not imposed; Defendant must cooperate in collection of DNA; Special Assessment: $100; remand to the custody of the U.S. Marshal for processing
| Judge Sheri Polster Chappell |
06/21/2024 | USA v. Foster 2:23-cr-00133-SPC-KCD | JUDGMENT as to Ernest Jeshad Foster, Count 1, Imprisonment: 46 months; Supervised Release: 36 months; Special Assessments: $100; Forfeiture to be included in judgment; remand to the custody of the United States Marshal. Signed by Judge She
| Judge Sheri Polster Chappell |
06/20/2024 | USA v. Flournoy 2:23-cr-00110-SPC-NPM | JUDGMENT as to Coroy Dontavia Flournoy, Count 1, Imprisonment: 41-MONTHS, such term shall run consecutive to defendant's term of imprisonment imposed pursuant to the judgment in Docket Number 19-CF-18261, Lee County Circuit Court, Fort Myer
| Judge Sheri Polster Chappell |
06/18/2024 | Rothschild v. Anywhere Advisors LLC et al 2:24-cv-00304-SPC-KCD | REPORT AND RECOMMENDATION re dismissal without prejudice of [1] Complaint filed by Mayer Amschel Rothschild. Signed by Magistrate Judge Kyle C. Dudek on 6/17/2024. (CGW)
| Judge Sheri Polster Chappell |
06/18/2024 | Sanchez v. United States of America 2:23-cv-00834-SPC-NPM | OPINION AND ORDER re: [1] MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 2:17-cr-00136-SPC-NPM-1. Petitioner Romeo Valentin Sanchez's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentenc
| Judge Sheri Polster Chappell |
06/18/2024 | Gunton v. Lofquist et al 2:23-cv-00321-SPC-KCD | ORDERED: Defendants' Motion to Dismiss the Second-Amended Complaint (Doc. [62]) is DENIED. Count II of the Second-Amended Complaint is DISMISSED without prejudice as unripe. On or before July 2, 2024, Plaintiff must file a third-amended c
| Judge Sheri Polster Chappell |
06/17/2024 | USA v. Flores 2:20-cr-00022-SPC-NPM | ORDERED: Defendant Maida Flores' Motion for Sentencing Reduction (Doc. [124]) is GRANTED. Defendant's sentence is reduced to four months of imprisonment or time served. This Order is effective July 1, 2024. Signed by Judge Sheri Polst
| Judge Sheri Polster Chappell |
06/14/2024 | Hopkins v. Speedie Recovery of South Florida et al 2:23-cv-00958-SPC-NPM | AMENDED ORDER: Plaintiff Keith Hopkins' pro se Motion for Default Judgment (Doc. [12]). is DENIED. The Amended Complaint (Doc. [2]) is DISMISSED with leave to amend in order to state a plausible claim for relief. On or before July 3, 2024,
| Judge Sheri Polster Chappell |
06/13/2024 | Hopkins v. Speedie Recovery of South Florida et al 2:23-cv-00958-SPC-NPM | ORDERED: Plaintiff Keith Hopkins' pro se Motion for Default Judgment (Doc. [12]). is DENIED. The Amended Complaint (Doc. [2]) is DISMISSED with leave to amend in order to state a plausible claim for relief. On or before June 3, 2024, Hopki
| Judge Sheri Polster Chappell |
06/11/2024 | Throgmartin v. Nationwide Mutual Insurance Company 2:24-cv-00367-SPC-KCD | ORDER denying [14] Motion to Remand to State Court. Signed by Magistrate Judge Kyle C. Dudek on 6/11/2024. (CGW)
| Judge Sheri Polster Chappell |
06/11/2024 | Waters et al v. State Farm Mutual Automobile Insurance Company et al 2:24-cv-00293-SPC-KCD | ORDER granting [25] Motion suspend all case management deadlines pending global settlement discussions with other similar cases. The Court will also stay the case pending the outcome of the global mediation. The Clerk is directed to add a stay
| Judge Sheri Polster Chappell |
06/11/2024 | USA v. Lanza-Salgado 2:24-cr-00032-SPC-NPM | JUDGMENT as to Jose Roberto Lanza-Salgado, Count 1 - Imprisonment: Time Served; Supervised Release: Not imposed; Special Assessment: $100; Remand to the custody of the United States Marshal for processing to the Bureau of Immigration and Cu
| Judge Sheri Polster Chappell |
06/11/2024 | USA v. Graves 2:23-cr-00144-SPC-KCD | JUDGMENT as to Evan Graves, Count 1 - Imprisonment: 18 months; Supervised Release: 36 months; Restitution: Restitution Hearing set September 3, 2024 at 1:30pm; Forfeiture to be included in judgment; Fine: $10,000; Special Assessment: $
| Judge Sheri Polster Chappell |
06/10/2024 | Thalle Construction Co., Inc. v. Charlotte County, Florida 2:24-cv-00533-SPC-KCD | ORDERED: Plaintiff's Ex Parte Emergency Motion for Temporary Restraining Order (Doc. [3]) is DENIED. On or before June 17, 2024, Plaintiff must show cause why the Court should not dismiss this action as moot. Signed by Judge Sheri Polster
| Judge Sheri Polster Chappell |
06/10/2024 | New Jersey et al v. State of Florida et al 2:24-cv-00257-SPC-KCD | ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. [19]) is ACCEPTED and ADOPTED and the findings incorporated herein. Carabillo's #Notice# (Amended Complaint) (Doc. [18]) is DISMISSED with
| Judge Sheri Polster Chappell |
06/10/2024 | USA v. Nunez 2:17-cr-00087-SPC-M_M | ORDERED: Defendant Sila Nunez's pro se Motion for Early Termination of Supervised Release (Doc. [151]) is DENIED. Signed by Judge Sheri Polster Chappell on 6/10/2024. (AEH)
| Judge Sheri Polster Chappell |
06/10/2024 | USA v. Williams 2:15-cr-00149-SPC-KCD | ORDERED: Defendant Norris Williams' pro se Motion for Return of Seized Property Pursuant to Rule 41(g) (Doc. [163]) is DENIED. Signed by Judge Sheri Polster Chappell on 6/10/2024. (AEH)
| Judge Sheri Polster Chappell |
06/05/2024 | Johnson v. State of Florida (Hendry) 2:24-cv-00518-SPC-KCD | OPINION AND ORDER re: [1] Petition for Writ of Habeas Corpus. 1. Thomas E. Johnson's motion (Doc. 1) is DISMISSED without prejudice. 2. The Clerk is DIRECTED to terminate all pending motions and deadlines, enter judgment, and close this
| Judge Sheri Polster Chappell |
06/04/2024 | Michael et al v. National Specialty Insurance Company 2:24-cv-00516-SPC-KCD | ORDER re [1] Notice of Removal filed by National Specialty Insurance Company. On or before June 19, 2024, Defendant must SUPPLEMENT its notice of removal consistent with this Order. Failure to do so will result in remand without further notice
| Judge Sheri Polster Chappell |
06/04/2024 | Couture et al v. Noshirvan et al 2:23-cv-00340-SPC-KCD | ORDER granting [125] Motion for Extension of Time to Respond to Defendant's First Request to Produce; denying as moot [133] Motion to Compel response to First Request for Production. Plaintiff must respond by July 3, 2024. An amended ca
| Judge Sheri Polster Chappell |
06/03/2024 | Norfleet v. Secretary, Department of Corrections 2:24-cv-00509-SPC-KCD | OPINION AND ORDER re: [1] Petition for Writ of Habeas Corpus. Tino Avery Norfleet's Petition under 28 U.S.C. § 2241 [1] is DISMISSED without prejudice. The Clerk is DIRECTED to terminate all pending motions and deadlines, enter judgmen
| Judge Sheri Polster Chappell |
06/03/2024 | English v. United States of America 2:24-cv-00490-SPC-NPM | OPINION AND ORDER re: [1] MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 2:21-cr-3. Petitioner Serdarryel Dave English, Jr.'s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a P
| Judge Sheri Polster Chappell |
05/31/2024 | Marbella at Spanish Wells 1 v Zurich American Insurance Company 2:21-cv-00641-SPC-KCD | ORDERED: Defendant's Objection (Doc. [120]) is OVERRULED. Signed by Judge Sheri Polster Chappell on 5/31/2024. (AEH)
| Judge Sheri Polster Chappell |
05/31/2024 | USA v. Jackson 2:19-cr-00045-SPC-NPM | ORDERED: Defendant Alton Jackson's Unopposed Motion for Sentence Reduction Under Amendment 821 (Doc. [86]) is GRANTED. Defendant's sentence is reduced to either 68 months of imprisonment or time served, whichever is greater. This Order
| Judge Sheri Polster Chappell |
05/30/2024 | Phildius v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A 2:24-cv-00272-SPC-KCD | ORDERED: Plaintiff's Motion for Preliminary Injunction (Doc. [11]) is GRANTED. See order for terms and conditions of injunction. Signed by Judge Sheri Polster Chappell on 5/30/2024. (AEH)
| Judge Sheri Polster Chappell |
05/30/2024 | USA v. Brunelle 2:23-cr-00146-SPC-NPM | JUDGMENT as to Michele Ann Brunelle, Counts 1 and 2 - Imprisonment: 1 year and 1 day, as to Counts 1 and 2, terms to run concurrently; Supervised Release: 36 months, as to Counts 1 and 2, terms shall run concurrently; Special Assessments: $
| Judge Sheri Polster Chappell |
05/30/2024 | USA v. Fuentes 2:23-cr-00049-SPC-NPM | JUDGMENT as to Luis Daniel Fuentes, Counts 1, 2, 3 and 4 - Imprisonment: 1,320 months imprisonment. This sentence consists of Ct. 1: 360 months, Ct. 2: 360 months, Ct. 3: 360 months, and Ct. 4: 240 months, all counts consecutive. All such terms
| Judge Sheri Polster Chappell |
05/29/2024 | Rothschild v. Anywhere Advisors LLC et al 2:24-cv-00304-SPC-KCD | ORDER denying [6] Motion for CM/ECF access. Signed by Magistrate Judge Kyle C. Dudek on 5/29/2024. (CGW)
| Judge Sheri Polster Chappell |
05/29/2024 | Mann et al v. Scottsdale Insurance Company 2:24-cv-00244-SPC-KCD | ORDER granting [18] Motion for Appraisal and to Stay. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMINISTRATIVELY CLOSE THE CASE. The parties are DIRECTED to file a joint report on the status of ap
| Judge Sheri Polster Chappell |
05/29/2024 | Mouse on Tha Track, LLC et al v. Celcius Nightclub, LLC et al 2:24-cv-00195-SPC-KCD | REPORT AND RECOMMENDATION re [13] MOTION for Default Judgment against All Defendants filed by Mouse on Tha Track, LLC, Boosie Bad Azz Publishing, LLC. Signed by Magistrate Judge Kyle C. Dudek on 5/29/2024. (CGW)
| Judge Sheri Polster Chappell |
05/29/2024 | USA v. Rodriguez-Padilla 2:23-cr-00139-SPC-NPM | JUDGMENT as to Luis Armando Rodriguez-Padilla, Counts 1 and 3 - Imprisonment: 24 months, such term consists of 24-months as to each count, counts to run concurrently; Supervised Release: 36 months, such term consists of 36 months as to each cou
| Judge Sheri Polster Chappell |
05/29/2024 | Hall v. Masters 2:22-cv-00530-SPC-KCD | OPINION AND ORDER re: [48] MOTION for Summary Judgment and Incorporated Memorandum of Law. Defendant Malinda Masters' Motion for Summary Judgment (Doc. 48) is GRANTED. This action is DISMISSED. The Clerk is DIRECTED to enter judgme
| Judge Sheri Polster Chappell |
05/29/2024 | USA v. Fernandez Hano 2:15-cr-00101-SPC-NPM | ORDER denying Defendant Diosme Fernandez Hano's Motion to Reduce Sentence re Amendment 821 (Doc. [291]). Defendant is not eligible for a reduction. Signed by Judge Sheri Polster Chappell on 5/28/2024. (AEH)
| Judge Sheri Polster Chappell |
05/28/2024 | USA v. Mink 2:21-cr-00101-SPC-NPM | ORDERED: Defendant Matthew Mink's Motion for Two-Level Downward Adjustment for #Zero Point# Offenders (Doc. [75]) is DENIED. Signed by Judge Sheri Polster Chappell on 5/28/2024. (AEH)
| Judge Sheri Polster Chappell |
05/23/2024 | Alpine Partners (BVI) L.P. v. Guinan 2:24-cv-00412-SPC-NPM | ORDERED: Respondent's Objection (Doc. [37]) is OVERRULED. The Clerk is DIRECTED to deny any pending motions as moot, terminate all deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 5/23/2024. (AEH)
| Judge Sheri Polster Chappell |
05/23/2024 | USA v. Wien 2:23-cr-00109-SPC-NPM | ORDERED: The United States' Motion for Final Order of Forfeiture (Doc. [56]) is GRANTED. Signed by Judge Sheri Polster Chappell on 5/23/2024. (AEH)
| Judge Sheri Polster Chappell |
05/22/2024 | Phildius v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A 2:24-cv-00272-SPC-KCD | ORDER granting [37] Motion to Unseal and Proceed Under Correct Party Name. The Clerk is directed to UNSEAL Docs. 10, 11, 14, 15, 16, 20, 21. The Clerk is directed to update the docket to show that Plaintiff's name is Kristin Phildius, not
| Judge Sheri Polster Chappell |
05/22/2024 | New Jersey et al v. State of Florida et al 2:24-cv-00257-SPC-KCD | REPORT AND RECOMMENDATION re [18] #Complaint# filed by Joseph James. Signed by Magistrate Judge Kyle C. Dudek on 5/22/2024. (CGW)
| Judge Sheri Polster Chappell |
05/22/2024 | USA v. Miller 2:24-cr-00001-SPC-KCD | ORDER denying [50] Motion to Vacate as to Daniel Carson Miller (1). Signed by Magistrate Judge Kyle C. Dudek on 5/22/2024. (CGW)
| Judge Sheri Polster Chappell |
05/22/2024 | USA v. Uzcategui 2:17-cr-00056-SPC-CM | CORRECTED JUDGMENT as to Alvaro Jose Delgado Uzcategui, Count 1, Imprisonment: 180 months, such term shall run concurrent with defendant's term of imprisonment pursuant to the judgment in Sarasota County Circuit Court Docket No. 16-CF2568 a
| Judge Sheri Polster Chappell |
05/21/2024 | Prime Insurance Company v. Medicab Transportation, LLC et al 2:24-cv-00421-SPC-KCD | ORDERED: The Amended Complaint (Doc. [6]) is DISMISSED without prejudice. On or before May 27, 2024, Plaintiff must file a second-amended complaint consistent with this order. Failure to comply could result in dismissal without further notice.
| Judge Sheri Polster Chappell |
05/21/2024 | Horsman et al v. Cooney, et al 2:23-cv-01205-SPC-KCD | ORDER granting in part and denying in part [34] Motion to Stay Discovery; granting [37] Motion for Extension of Time to File Response / Reply (Responses due by 6/24/2024); denying without prejudice [39] Motion to Compel. Signed by Magistrate
| Judge Sheri Polster Chappell |
05/21/2024 | Lemay v. UCMS, LLC 2:22-cv-00009-SPC-KCD | ORDERED: Defendant UCMS, LLC's Motion for Summary Judgment (Doc. [47]) is GRANTED in part and DENIED in part. Summary judgment is GRANTED only as to Plaintiff's theory of actual disability for Counts III-VII and GRANTED as to Count VII
| Judge Sheri Polster Chappell |
05/21/2024 | USA v. Zwiefelhofer 2:19-cr-00150-SPC-NPM | ORDERED: The United States' Motion for Order of Forfeiture (Doc. [278]) is GRANTED. Signed by Judge Sheri Polster Chappell on 5/21/2024. (AEH)
| Judge Sheri Polster Chappell |
05/20/2024 | Nealy v.Secretary, Department of Children and Family Services 2:23-cv-00509-SPC-KCD | OPINION AND ORDER re: [1] Petition for Writ of Habeas Corpus. Petitioner Tonnie Nealy's Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2254 (Doc. 1) is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any pendi
| Judge Sheri Polster Chappell |
05/17/2024 | More Automotive Products, Inc. v. Dollar Rent A Car, Inc. 2:24-cv-00457-SPC-NPM | ORDERED: Plaintiff More Automotive Products, Inc.'s Complaint (Doc. [1]) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint on or before May 31, 2024. Failure to do so will cause th
| Judge Sheri Polster Chappell |
05/17/2024 | USA v. Williams 2:15-cr-00149-SPC-KCD | ORDER denying Defendant Norris Williams' Motion for Reconsideration (Doc. [162]). Signed by Judge Sheri Polster Chappell on 2/2/2024. Order cross-docketed from defendant's Civil Case: 2:19cv271. (AEH)
| Judge Sheri Polster Chappell |
05/15/2024 | Garcia Hembree v. Rojas 2:22-cv-00562-SPC-NPM | ORDERED: Defendant's Motion for Summary Judgment (Doc. [72]) is GRANTED. Plaintiff's construed Motion to Strike (Doc. [78]) is DENIED. The Clerk is DIRECTED to enter judgment for Defendant, deny any pending motions, terminate all dead
| Judge Sheri Polster Chappell |
05/14/2024 | USA v. Garcia-Luna 2:24-cr-00013-SPC-NPM | JUDGMENT as to Luis Gerardo Garcia-Luna, Count 1, Imprisonment: Time Served; Supervised Release: Not imposed: Special Assessments: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 5/14/2024
| Judge Sheri Polster Chappell |
05/13/2024 | Adkins v. Charlotte C.I. et al 2:24-cv-00199-SPC-KCD | ORDERED: Plaintiff Kenneth McClellen Adkins' Amended Complaint (Doc. [13]) is DISMISSED without prejudice. Adkins may file a second amended complaint within 21 days of this Order. Otherwise, the Court will close this case without further no
| Judge Sheri Polster Chappell |
05/13/2024 | USA v. Foster 2:23-cr-00133-SPC-KCD | ORDERED: The United States' Motion for Final Order of Forfeiture (Doc. [44]) is GRANTED. Signed by Judge Sheri Polster Chappell on 5/13/2024. (AEH)
| Judge Sheri Polster Chappell |
05/10/2024 | Prime Insurance Company v. Medicab Transportation, LLC et al 2:24-cv-00421-SPC-KCD | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice. On or before May 17, 2024, Plaintiff must file an amended complaint consistent with this order. Failure to comply could result in dismissal without further notice. Signed by J
| Judge Sheri Polster Chappell |
05/10/2024 | USA v. Hunter 2:23-cr-00147-SPC-KCD | ORDERED: The United States' Motion for Final Order of Forfeiture (Doc. [40]) is GRANTED. Signed by Judge Sheri Polster Chappell on 5/10/2024. (AEH)
| Judge Sheri Polster Chappell |
05/10/2024 | USA v. Irons 2:23-cr-00136-SPC-NPM | ORDERED: The United States' Motion for Final Order of Forfeiture (Doc. [38]) is GRANTED.. Signed by Judge Sheri Polster Chappell on 5/10/2024. (AEH)
| Judge Sheri Polster Chappell |
05/10/2024 | USA v. Taylor 2:23-cr-00120-SPC-NPM | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [82]) is GRANTED. Signed by Judge Sheri Polster Chappell on 5/10/2024. (AEH)
| Judge Sheri Polster Chappell |
05/10/2024 | USA v. Flournoy 2:23-cr-00110-SPC-NPM | ORDERED: The United States' Motion for Final Order of Forfeiture (Doc. [42]) is GRANTED. Signed by Judge Sheri Polster Chappell on 5/10/2024. (AEH)
| Judge Sheri Polster Chappell |
05/10/2024 | USA v. Fuentes 2:23-cr-00049-SPC-NPM | ORDERED: The United States' Motion for Final Order of Forfeiture (Doc. [78]) isGRANTED. Signed by Judge Sheri Polster Chappell on 5/10/2024. (AEH)
| Judge Sheri Polster Chappell |
05/10/2024 | USA v. Syfrett 2:23-cr-00051-SPC-KCD | ORDERED:The United States' Motion for Final Order of Forfeiture (Doc. [63]) is GRANTED. Signed by Judge Sheri Polster Chappell on 5/10/2024. (AEH) Modified text on 5/10/2024 (KME).
| Judge Sheri Polster Chappell |
05/10/2024 | USA v. Martin 2:16-cr-00094-SPC-CM | ORDERED: Defendant Randal Martin's motion for early termination of supervised release is GRANTED. Defendant's term of supervised release is TERMINATED effective today.. Signed by Judge Sheri Polster Chappell on 5/9/2024. (AEH)
| Judge Sheri Polster Chappell |
05/08/2024 | USA v. Ivey 2:23-cr-00090-SPC-KCD | ORDER granting the United States' Motion for Final Order of Forfeiture as to Jonnetric Devonte Ivey (Doc. [45]). Signed by Judge Sheri Polster Chappell on 5/8/2024. (AEH)
| Judge Sheri Polster Chappell |
05/08/2024 | Graves v. Great Lakes Insurance SE 2:23-cv-00373-SPC-KCD | ORDERED: Plaintiff's Motion to Dismiss Defendant's Second-Amended Counterclaim (Doc. [62]) is DENIED. On or before May 22, 2024, Plaintiff must answer Defendant's counterclaims. Signed by Judge Sheri Polster Chappell on 5/8/2024.
| Judge Sheri Polster Chappell |
05/08/2024 | Laremore v. Knauf Gips KG et al 2:21-cv-00890-SPC-DAB | ORDER granting in part and denying in part Defendants' Omnibus Motion in Limine to Exclude Certain Evidence (Doc. [78]) and granting Defendants' Motion to Exclude or Limit Expert Testimony (Doc. [79]). Signed by Judge Sheri Polster Chap
| Judge Sheri Polster Chappell |
05/07/2024 | Giunta v. American Security Insurance Company 2:24-cv-00416-SPC-KCD | HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and hereby attached to the [5] Case Management Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 5/7/2024. (Attachments: # (1) Exhibit A.) (CGW) HURRICANE IAN INTERIM PROTECTIVE ORDER which is referenced in and hereby attached to the [5] Case Management Scheduling Order (Hurricane Ian). Signed by Magistrate Judge Kyle C. Dudek on 5/7/2024. (Attachments: # (1) Exhibit A.) (CGW)
| Judge Sheri Polster Chappell |
05/07/2024 | USA v. Ivey 2:23-cr-00090-SPC-KCD | JUDGMENT as to Jonnetric Devonte Ivey, Count 1, Imprisonment: 21 months; Supervised Release: 36 months; Special Assessment: $100; Forfeiture to be included in judgment; remand to the custody of the United States Marshal. Signed by Judge Sh
| Judge Sheri Polster Chappell |
05/07/2024 | Couture et al v. Noshirvan et al 2:23-cv-00340-SPC-KCD | ORDER granting [110] Plaintiff's Second Motion to Compel Production of Privilege Log Withheld Documents. Within fourteen days of this order, Defendant must produce the withheld documents identified on his privilege log (Doc. 110-1). Signe
| Judge Sheri Polster Chappell |
05/07/2024 | USA v. Harris 2:22-cr-00067-SPC-KCD | JUDGMENT as to Marvin Harris, Jr. (1), Counts 1-2, Imprisonment: 540 months, as to Count 1 and Count 2, terms to run concurrently to each other, and concurrently to the undischarged term of imprisonment in Docket No.: 2:20-cr-134-SPC-MRM. Terms
| Judge Sheri Polster Chappell |
05/06/2024 | Vega v. State of Florida et al 2:24-cv-00268-SPC-KCD | OPINION AND ORDER re: [14] Amended Complaint. Walter Wilfredo Vega's Amended Complaint (Doc. 14) is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. S
| Judge Sheri Polster Chappell |
05/06/2024 | Couture et al v. Noshirvan et al 2:23-cv-00340-SPC-KCD | ORDER granting in part and denying in part [112] Motion to Compel depositions. Within three days of this order, the parties must confer about rescheduling Jennifer Couture and Ralph Garramone's depositions. Given the discovery deadline, t
| Judge Sheri Polster Chappell |
05/03/2024 | Marbella at Spanish Wells 1 v Zurich American Insurance Company 2:21-cv-00641-SPC-KCD | ORDER granting in part and denying in part [113] Memorandum in Support of appraisal form; granting in part and denying in part [114] Memorandum in Support of appraisal form. The parties' memorandums in support of appraisal form (Docs. 113,
| Judge Sheri Polster Chappell |
05/01/2024 | Hall v. Harris 2:23-cv-00301-SPC-NPM | ORDERED: Petitioner Wendall Hall's § 2241 Habeas Corpus Petition (Doc. [1]) is DISMISSED without prejudice, and Respondent's Motion to Transfer Case (Doc. [24]) is DENIED as moot. The Clerk is DIRECTED to terminate any pending dead
| Judge Sheri Polster Chappell |
05/01/2024 | USA v. Welbourne 2:23-cr-00040-SPC-KCD | AMENDED JUDGMENT as to Richard Welbourne, Count 1, Imprisonment: 51-months; Supervised Release: 180-months, Sex Offender conditions; JVTA Assessment: $5,000; AVAA Assessment: $2,000; Special Assessment: $100; Restitution: TBD, Rest
| Judge Sheri Polster Chappell |
04/30/2024 | USA v. Korner Moreno 2:23-cr-00131-SPC-NPM | JUDGMENT as to Vinder Korner Moreno, Count 1, Imprisonment: 18-months; Supervised Release: 24-months; Special Assessment: $100; Defendant remanded to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 4/30
| Judge Sheri Polster Chappell |
04/30/2024 | Couture et al v. Noshirvan et al 2:23-cv-00340-SPC-KCD | ORDERED: Plaintiff's Motion for Reconsider (Doc. [116]) is DENIED. Signed by Judge Sheri Polster Chappell on 4/30/2024. (AEH)
| Judge Sheri Polster Chappell |
04/30/2024 | USA v. Welbourne 2:23-cr-00040-SPC-KCD | JUDGMENT as to Richard Welbourne, Count 1, Imprisonment: 51-months; Supervised Release: 180-months, Sex Offender conditions; JVTA Assessment: $5,000; AVAA Assessment: $2,000; Special Assessment: $100; Restitution: TBD, Restitution
| Judge Sheri Polster Chappell |
04/29/2024 | Campbell v. American Security Insurance Company 2:24-cv-00289-SPC-KCD | ORDER granting [24] Motion for Appraisal and to Abate all Proceedings Pending Appraisal. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMISTRATIVELY CLOSE THE CASE. The parties are DIRECTED to file a
| Judge Sheri Polster Chappell |
04/26/2024 | Morales v. Trademark Douglas, LLC 2:23-cv-00390-SPC-KCD | ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. [60]) is ACCEPTED and ADOPTED and the findings incorporated herein. Plaintiff's Motion for Default Judgment (Doc. [59]) is GRANTED. The Clerk is DI
| Judge Sheri Polster Chappell |
04/25/2024 | USA v. Rodriguez-Padilla 2:23-cr-00139-SPC-NPM | ORDER granting the United States' Motion for Preliminary Order of Forfeiture as to Luis Armando Rodriguez-Padilla (Doc. [41]). Signed by Judge Sheri Polster Chappell on 4/25/2024. (AEH)
| Judge Sheri Polster Chappell |
04/25/2024 | Kohn v. Aspen Specialty Insurance Company 2:23-cv-00628-SPC-NPM | ORDER granting [19] plaintiff's motion to compel appraisal. The clerk is directed to place a stay flag on this case pending completion of the appraisal. See order for applicable procedures and deadlines. Signed by Magistrate Judge Nicholas P.
| Judge Sheri Polster Chappell |
04/25/2024 | USA v. Ponce 2:23-cr-00064-SPC-KCD | ORDER granting the United States' Motion for Final Order of Forfeiture as to Christopher Jorge Ponce (Doc. [51]). Signed by Judge Sheri Polster Chappell on 4/25/2024. (AEH)
| Judge Sheri Polster Chappell |
04/25/2024 | USA v. Welbourne 2:23-cr-00040-SPC-KCD | ORDER granting MOTION for Forfeiture of a Final Order by USA as to Richard Welbourne (Doc. [53]). Signed by Judge Sheri Polster Chappell on 4/25/2024. (AEH)
| Judge Sheri Polster Chappell |
04/24/2024 | USA v. McKenzie 2:23-cr-00088-SPC-KCD | ORDERED: Defendant's Motion to Suppress (Doc. [45]) is DENIED. Signed by Judge Sheri Polster Chappell on 4/24/2024. (AEH)
| Judge Sheri Polster Chappell |
04/22/2024 | Knouse et al v. Sam's East, Inc. et al 2:23-cv-01054-SPC-NPM | ORDERED: Plaintiffs' Motion for Reconsideration, (Doc. [38]) is DENIED. Signed by Judge Sheri Polster Chappell on 4/22/2024. (AEH)
| Judge Sheri Polster Chappell |
04/19/2024 | McFalls v. NCH Healthcare System, Inc. et al 2:23-cv-00572-SPC-KCD | ORDERED: Defendants' Motion for Judgment on the Pleadings (Doc. [51]) is GRANTED.Counts I and II of the Amended Complaint (Doc. [24]) are DISMISSED with prejudice. The Court declines supplemental jurisdiction over the remaining state-law cla
| Judge Sheri Polster Chappell |
04/19/2024 | Avant v. Secretary, Department of Corrections (Desoto County) 2:23-cv-00215-SPC-KCD | OPINION AND ORDER re: [1] Petition for Writ of Habeas Corpus. Petitioner Garrett Lee Avant's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. 1) is DISMISSED without prejudice. The Clerk is
| Judge Sheri Polster Chappell |
04/17/2024 | Hernandez v. Mondelez Global, LLC 2:24-cv-00012-SPC-NPM | ORDERED: Defendant Mondelez Global, LLC's Motion to Dismiss Plaintiff's First Amended Complaint for Failure to State a Cause of Action (Doc. [24]), is GRANTED. The Amended Complaint (Doc. [20]) is DISMISSED without prejudice. Plaintiff
| Judge Sheri Polster Chappell |
04/17/2024 | Smith v. Secretary, Department of Corrections (Collier) 2:23-cv-01032-SPC-KCD | OPINION AND ORDER re: [22] MOTION for Miscellaneous Relief, specifically to expand the record, [3] MOTION to Appoint Counsel, [10] AMENDED MOTION to Appoint Counsel. Petitioner Zachary O. Smith's motions for appointment of counsel (Docs. 3
| Judge Sheri Polster Chappell |
04/17/2024 | Sagesse v. Dixon et al (Lee County) 2:23-cv-00007-SPC-KCD | OPINION AND ORDER re: [10] Amended petition for writ of habeas corpus. Rones Sagesse's Amended Petition for a Writ of Habeas Corpus Under 28 U.S.C. § 2254 (Doc. 10) is DENIED. The Clerk is DIRECTED to terminate any pending motions and
| Judge Sheri Polster Chappell |
04/15/2024 | Myers v. City of Naples, Florida 2:24-cv-00322-SPC-KCD | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice. Signed by Judge Sheri Polster Chappell on 4/15/2024. (AEH)
| Judge Sheri Polster Chappell |
04/15/2024 | Bayside Estates Homeowners, Inc. v. Westchester Surplus Lines Insurance Company 2:24-cv-00259-SPC-KCD | ORDER denying [12] Motion to Strike; denying as moot [24] Motion for Leave to File a Reply Brief. Signed by Magistrate Judge Kyle C. Dudek on 4/15/2024. (CGW)
| Judge Sheri Polster Chappell |
04/15/2024 | Adkins v. Charlotte C.I. et al 2:24-cv-00199-SPC-KCD | OPINION AND ORDER re: [1] Complaint. Plaintiff Kenneth McClellen Adkins' Complaint for Violation of Civil Rights (Doc. 1) is DISMISSED without prejudice. Adkins may file an amended complaint by May 3, 2024. Otherwise, the Court will enter
| Judge Sheri Polster Chappell |
04/15/2024 | Antale v. Holiday CVS, L.L.C. 2:22-cv-00733-SPC-NPM | ORDERED: Defendant Holiday CVS, L.L.C.'s Motion for Final Summary Judgment, (Doc. [28]), is GRANTED. The Clerk is DIRECTED to enter judgment, terminate all pending motions or deadlines, and close the case. Signed by Judge Sheri Polster Chap
| Judge Sheri Polster Chappell |
04/12/2024 | Phildius v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A 2:24-cv-00272-SPC-KCD | ORDER denying [12] Motion for Order Authorizing Alternate Service. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 4/12/2024. (CGW)
| Judge Sheri Polster Chappell |
04/12/2024 | S. Llanio Business Service Inc et al v. Scottsdale Insurance Company 2:24-cv-00210-SPC-KCD | ORDER granting [15] Motion to Stay Litigation and Compel Appraisal. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMISTRATIVELY CLOSE THE CASE. The parties are DIRECTED to file a joint report on the
| Judge Sheri Polster Chappell |
04/12/2024 | Kelley v. Florida Department of Corrections 2:22-cv-00767-SPC-KCD | OPINION AND ORDER re: [1] Petition for Writ of Habeas Corpus. Petitioner Susan Marie Kelley's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. 1) is DISMISSED. The Clerk is DIRECTED to termi
| Judge Sheri Polster Chappell |
04/11/2024 | Perry v. Roos et al 2:24-cv-00313-SPC-NPM | ORDERED: The Complaint (Doc. [1]) is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and close the file. Signed by Judge Sheri Polster Chappell on 4/11/2024. (AEH)
| Judge Sheri Polster Chappell |
04/11/2024 | Hampton 110 LLC v. Westchester Surplus Lines Insurance Company 2:24-cv-00264-SPC-KCD | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Lee County, Florida. T
| Judge Sheri Polster Chappell |
04/11/2024 | Hachett v. National Specialty Insurance Company 2:24-cv-00229-SPC-KCD | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Lee County, Florida. T
| Judge Sheri Polster Chappell |
04/11/2024 | Morales v. Trademark Douglas, LLC 2:23-cv-00390-SPC-KCD | REPORT AND RECOMMENDATION re [59] MOTION for Default Judgment against Storm Roofing and Construction LLC, Ellis C. Westby filed by Gerardo Morales. Signed by Magistrate Judge Kyle C. Dudek on 4/10/24. (CGW)
| Judge Sheri Polster Chappell |
04/09/2024 | Couture et al v. Noshirvan et al 2:23-cv-00340-SPC-KCD | ORDERED: Defendant's Motion to Dismiss the Second-Amended Complaint (Doc. [84]) is GRANTED in part, and Count I is DISMISSED with prejudice. On or before April 23, 2024, Defendant must answer the remainder of the second-amended complaint. S
| Judge Sheri Polster Chappell |
04/09/2024 | USA v. Vera 2:23-cr-00062-SPC-NPM | JUDGMENT as to Jesus Rojas Vera, Count 1, Imprisonment: 220 months; Supervised Release: 240 months; Sex offender conditions; Restitution: TBD, Restitution Hearing set 6/24/2024 at 1:30pm (defendant waives appearance); Forfeiture to be included i
| Judge Sheri Polster Chappell |
04/04/2024 | Casiano v. Walmart Stores East, LP 2:24-cv-00005-SPC-NPM | ORDERED: Plaintiff Elvira Casiano's Motion for Remand (Doc. [12]) is DENIED. Signed by Judge Sheri Polster Chappell on 4/4/2024. (AEH)
| Judge Sheri Polster Chappell |
04/04/2024 | USA v. Siebert 2:20-cr-00079-SPC-KCD | ORDERED: Defendant William Siebert's Request for Reduction in Sentence (Doc. [121]) is DENIED. Signed by Judge Sheri Polster Chappell on 4/4/2024. (AEH)
| Judge Sheri Polster Chappell |
04/03/2024 | Kailas et al v. Nissan Motor Company, LTD. et al 2:24-cv-00202-SPC-NPM | ORDERED: Plaintiffs' Supplemental Consent Motion to Remand (Doc. [21]) is GRANTED. This action is REMANDED to the Twentieth Judicial Circuit in and for Collier County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order
| Judge Sheri Polster Chappell |
04/03/2024 | Lopez v. Florida Department of Corrections 2:22-cv-00717-SPC-KCD | OPINION AND ORDER re: [1] Petition for Writ of Habeas Corpus. Petitioner Nelson A. Lopez's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. 1) is DENIED. The Clerk is DIRECTED to terminate
| Judge Sheri Polster Chappell |
04/02/2024 | Phildius v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A 2:24-cv-00272-SPC-KCD | ORDER granting [5] Motion for Leave to File Under Seal Certain Documents Containing Identifying Information About the Parties; Plaintiff shall be permitted to file, and the Clerk is directed to accept, the following documents UNDER SEAL: i.Unreda
| Judge Sheri Polster Chappell |
04/02/2024 | McFalls v. NCH Healthcare System, Inc. et al 2:23-cv-00572-SPC-KCD | ORDER directing the parties to submit a second revised notice and consent form consistent with this Order by April 8, 2024. See Order for details. Signed by Magistrate Judge Kyle C. Dudek on 4/2/2024. (CGW)
| Judge Sheri Polster Chappell |
04/02/2024 | Pruco Life Insurance Company et al v. Howen et al 2:23-cv-00054-SPC-NPM | ORDER granting in part [48] expense-of-motion award for [44] cross-claimant Twentier's motion to compel. By April 16, 2024, crossclaim-defendants Sandra and Lisa Howen must jointly tender payment of $570 to Twentier and file a notice of
| Judge Sheri Polster Chappell |
04/02/2024 | USA v. Bell 2:20-cr-00087-SPC-NPM | JUDGMENT as to Christopher Laveon Bell, Count 1, Imprisonment: 24-MONTHS, such term to run concurrently with Highlands County Circuit Court Cases: 20CF41 and 20CF91; Supervised Release: 3-YEARS, such term to run concurrently with term of supervi
| Judge Sheri Polster Chappell |
04/01/2024 | USA v. Wien 2:23-cr-00109-SPC-NPM | ORDERED: Defendant's Motion for Court Order to Permit Expert Access to Detained Defendant is GRANTED. Dr. Eric Imhof is AUTHORIZED to enter the Charlotte County Jail at 8:00 a.m. on April 23, 2024, to meet privately with Defendant. Dr. Imh
| Judge Sheri Polster Chappell |
03/29/2024 | Spears v. Department of Corrections et al 2:22-cv-00532-SPC-NPM | OPINION AND ORDER re: [1] Petition for Writ of Habeas Corpus. Petitioner Gregory Spears' Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody (Doc. 1) is DENIED. The Clerk is DIRECTED to terminate any
| Judge Sheri Polster Chappell |
03/28/2024 | Marquardt v. Department of Corrections et al 2:22-cv-00527-SPC-NPM | OPINION AND ORDER. Petitioner Randy A. Marquardt's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus (Doc. 1) is DENIED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case
| Judge Sheri Polster Chappell |
03/28/2024 | Patterson v. The City of Cape Coral, Florida 2:22-cv-00331-SPC-NPM | ORDERED: Defendant City of Cape Coral's Motion for Summary Judgment (Doc. [33]) is GRANTED. The Amended Complaint is dismissed. The Clerk is DIRECTED to enter judgment for Defendant and against Plaintiff, terminate any deadlines, and clo
| Judge Sheri Polster Chappell |
03/26/2024 | New Jersey et al v. State of Florida et al 2:24-cv-00257-SPC-KCD | ORDER for Plaintiffs to pay the $405 filing fee or move to proceed in forma pauperis with supporting affidavits by April 25, 2024. Failing to exercise one of these options may result in a recommendation that this action be dismissed for fail
| Judge Sheri Polster Chappell |
03/26/2024 | Trombetti et al v. Scottsdale Insurance Company 2:24-cv-00198-SPC-KCD | ORDER granting [13] Motion to Stay Litigation and Compel Appraisal. This case is STAYED pending appraisal, and the Clerk must add a stay flag to the file and ADMISTRATIVELY CLOSE THE CASE. The parties are DIRECTED to file a joint report on the
| Judge Sheri Polster Chappell |
03/26/2024 | USA v. Syfrett 2:23-cr-00051-SPC-KCD | JUDGMENT as to Cody Ray Syfrett, Counts 1-2, Imprisonment: 130 months, as to each count, all terms to run concurrently; Supervised Release: 180 months, as to each count, all terms to run concurrently; Sex Offender conditions; Reserve on restitut
| Judge Sheri Polster Chappell |
03/25/2024 | Norfleet v. Charlotte County Jail 2:24-cv-00182-SPC-KCD | OPINION AND ORDER. Tino Norfleet's amended complaint (Docs. 8 and 9) is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster C
| Judge Sheri Polster Chappell |
03/25/2024 | Lorch v. Williams et al 2:24-cv-00018-SPC-KCD | AMENDED OPINION AND ORDER. Christopher Lorch's Amended Complaint (Docs. 10 and 13) is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappe
| Judge Sheri Polster Chappell |
03/25/2024 | Reyes Ramos v. Secretary et al 2:22-cv-00419-SPC-NPM | OPINION AND ORDER. Jose A. Reyes Ramos's Petition Under 28 U.S.C. § 2254 for Writ of Habeas Corpus by a Person in State Custody [1] is DISMISSED. The Clerk is DIRECTED to terminate all pending motions and deadlines, enter judgment, an
| Judge Sheri Polster Chappell |
03/22/2024 | Ylitalo et al v. Automatic Data Processing, Inc. et al 2:24-cv-00055-SPC-NPM | ORDER granting [34], [39] defendants' motions for temporary stay of discovery pursuant to the Private Securities Litigation Reform Act of 1995. Until every defendant has filed an answer in this matter, all discovery is stayed,
| Judge Sheri Polster Chappell |
03/22/2024 | Lorch v. Williams et al 2:24-cv-00018-SPC-KCD | OPINION AND ORDER. Christopher Lorch's Amended Complaint (Doc. 9) is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 3/22/2024
| Judge Sheri Polster Chappell |
03/22/2024 | FCC Hotel Tower, LLC v. Drummond et al 2:23-cv-00702-SPC-KCD | ORDERED: Defendants' Motion to Dismiss (Doc. [39]) is GRANTED in part and DENIED in part. Counts 7, 9, and 10 of the Second Amended Complaint (Doc. [36]) are dismissed as duplicative. Signed by Judge Sheri Polster Chappell on 3/22/2024. (AE
| Judge Sheri Polster Chappell |
03/21/2024 | Morales v. Department of Veterans Affairs 2:24-cv-00241-SPC-NPM | OPINION AND ORDER. This action is dismissed. The Clerk is directed to terminate any pending deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 3/21/2024. (BGS)
| Judge Sheri Polster Chappell |
03/21/2024 | Gomeringer et al v. The Boat House of Cape Coral, LLC 2:23-cv-00089-SPC-NPM | ORDER compelling arbitration. This entire matter is referred to arbitration and is stayed pending the outcome of arbitration. The parties must initiate the arbitration proceeding by April 11, 2014. And they must complete the arbitration and file
| Judge Sheri Polster Chappell |
03/20/2024 | Blue International Group, Inc. v. American Zurich Insurance Company 2:24-cv-00162-SPC-KCD | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Charlotte County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Charlotte County,
| Judge Sheri Polster Chappell |
03/20/2024 | Klinkman et al v. Truist Bank 2:23-cv-00583-SPC-KCD | ORDERED: Defendant's Motion for Judgment on the Pleadings (Doc. [45]) is DENIED. Signed by Judge Sheri Polster Chappell on 3/20/2024. (AEH)
| Judge Sheri Polster Chappell |
03/19/2024 | Curry v. Warden Carlton 5:24-cv-00113-SPC-PRL | OPINION AND ORDER dismissing without prejudice re: [1] Petition for Writ of Habeas Corpus for lack of jurisdiction. The Clerk is directed to enter judgment, deny as moot any pending motions, and close this case. Signed by Judge Sheri Polster Cha
| Judge Sheri Polster Chappell |
03/19/2024 | USA v. Meade 2:22-cr-00107-SPC-KCD | JUDGMENT as to Timothy Meade, Counts 1-3, 7, Imprisonment: 30 months, as to each count, all terms shall run concurrently; Supervised Release: 36 months, as to each count, all terms shall run concurrently; Restitution: $971,130.10; Special A
| Judge Sheri Polster Chappell |
03/19/2024 | USA v. Garduno 2:22-cr-00086-SPC-NPM | JUDGMENT as to Jonathan Garduno (1), Counts 1-3, 5, 6 and 9 are Dismissed on motion of the United States. Counts 4 and 7 - Imprisonment: 168 months, as to each count, all terms to run concurrently; Supervised Release: 60 months, as to each count
| Judge Sheri Polster Chappell |
03/19/2024 | Mont Claire at Pelican Marsh Condominium Association, Inc. v. Empire Indemnity Insurance Company 2:19-cv-00601-SPC-KCD | ORDER granting [158] Unopposed Motion to Approve Subsequent Civil Supersedeas Bond, Cancel Previous Bond, and Stay Execution of the Amended Judgment Pending Appeal. The Civil Supersedeas Bond (Doc. 158-1) is approved. The prior bond is cancelle
| Judge Sheri Polster Chappell |
03/18/2024 | Boatman v. Wellpath Recovery Solutions, LLC et al 2:23-cv-00458-SPC-KCD | ORDERED: Plaintiff Rayvon Boatman's Motion for Reconsideration (Doc. [23]) is DENIED. Signed by Judge Sheri Polster Chappell on 3/18/2024. (AEH)
| Judge Sheri Polster Chappell |
03/15/2024 | USA v. Organo 2:23-cr-00082-SPC-NPM | AMENDED JUDGMENT as to Anthony Vincent Organo, Counts 1-2, Imprisonment: 210-MONTHS as to each count, all counts to run concurrently; Supervised Release: 15-YEARS as to each count, all counts to run concurrently; Sex Offender special conditions;
| Judge Sheri Polster Chappell |
03/15/2024 | Couture et al v. Noshirvan et al 2:23-cv-00340-SPC-KCD | ORDER granting in part and denying in part [90] Motion to Compel responses to First Request to Produce. See Order for details. Signed by Magistrate Judge Kyle C. Dudek on 3/15/2024. (CGW)
| Judge Sheri Polster Chappell |
03/13/2024 | McFalls v. NCH Healthcare System, Inc. et al 2:23-cv-00572-SPC-KCD | ORDER granting in part and denying in part [53] Motion to Certify Class. Conditional certification of the following collective definition is permitted: Individuals who (1) were employed by Defendants within the three years preceding the date no
| Judge Sheri Polster Chappell |
03/12/2024 | Rosser v. Growin Estate LLC 2:23-cv-01107-SPC-KCD | ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. [24]) is ACCEPTED and ADOPTED, and the findings incorporated herein. Plaintiff's claims to represent a class of similarly situated persons and obtai
| Judge Sheri Polster Chappell |
03/12/2024 | Risco v. United States of America 2:23-cv-00684-SPC-NPM | ORDERED: Risco's Motion to Vacate, Set Aside, or Correct Sentence (Doc. [1]) is DENIED. The Clerk is DIRECTED to deny all pending motions as moot, terminate any deadlines, enter judgment, and close the case. Signed by Judge Sheri Polster C
| Judge Sheri Polster Chappell |
03/12/2024 | USA v. Guerra Barrera 2:23-cr-00075-SPC-NPM | JUDGMENT as to Juan Miguel Guerra Barrera, Count 1, Imprisonment: 8 months; Supervised Release: Not imposed; Collection of DNA; Special Assessment: $100.00; remand to the custody of the U.S. Marshal. Signed by Judge Sheri Polster Chappell o
| Judge Sheri Polster Chappell |
03/12/2024 | USA v. Boston 2:23-cr-00073-SPC-KCD | JUDGMENT as to Ny'Kerria Brandice Boston, Count 1, Probation: 36 months; Restitution: $5,541.62; Forfeiture provision in judgment; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 3/12/2024. (AEH)
| Judge Sheri Polster Chappell |
03/12/2024 | USA v. Ponce 2:23-cr-00064-SPC-KCD | JUDGMENT as to Christopher Jorge Ponce, Count 1, Imprisonment: 96-MONTHS, adjusted downward 14 months pursuant to sentencing guidelines 5G1.3(b), for a total term of 82-MONTHS. This term shall run concurrent to the sentence imposed in Docket Num
| Judge Sheri Polster Chappell |
03/12/2024 | Viola v. Charlotte's Web, Inc. 2:23-cv-00279-SPC-NPM | ORDERED: Defendant Charlotte's Web, Inc.'s Motion to Dismiss (Doc. [30]) is GRANTED in part and DENIED in part. The Second Amended Complaint (Doc. [29]) is DISMISSED without prejudice. Viola may file a third amended complaint consisten
| Judge Sheri Polster Chappell |
03/12/2024 | Geico Marine Insurance Company v. Amzim Marine Services, LLC 2:21-cv-00829-SPC-KCD | ORDERED: Amzim is entitled to judgment in its favor on the Complaint (Doc. [1]) and Intervenor Complaint (Doc. [23]). The Clerk is DIRECTED to enter judgment, terminate any pending deadlines, and close the case. Signed by Judge Sheri Polster C
| Judge Sheri Polster Chappell |
03/08/2024 | Strike 3 Holdings, LLC v. Doe 2:24-cv-00160-SPC-KCD | ORDER granting in part and denying in part [9] Strike 3's Motion for Leave to File Third Party Subpoena. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 3/8/2024. (CGW)
| Judge Sheri Polster Chappell |
03/08/2024 | Knouse et al v. Sam's East, Inc. et al 2:23-cv-01054-SPC-NPM | ORDERED: Defendant Gloster's Motion to Dismiss Counts II and IV (Doc. [23]) is GRANTED in part and DENIED in part. Plaintiffs Carolyn and Bob Knouses' Motion to Remand (Doc. [16]) is DENIED as moot. Plaintiffs are DIRECTED to file a se
| Judge Sheri Polster Chappell |
03/08/2024 | Mont Claire at Pelican Marsh Condominium Association, Inc. v. Empire Indemnity Insurance Company 2:19-cv-00601-SPC-KCD | ORDER denying without prejudice [155] Empire's Motion to Approve Civil Supersedeas Bond and Stay Execution of the Amended Judgment Pending Appeal. To secure a stay with the current bond, Empire must (1) include language that secures Mont C
| Judge Sheri Polster Chappell |
03/07/2024 | Phillips v. Hendry County Jail et al 2:24-cv-00203-SPC-NPM | OPINION AND ORDER. This action is DISMISSED without prejudice. The Clerk is DIRECTED to enter judgment, terminate any pending deadlines, and close this case. Signed by Judge Sheri Polster Chappell on 3/7/2024. (BGS)
| Judge Sheri Polster Chappell |
03/07/2024 | Norfleet v. Charlotte County Jail 2:24-cv-00182-SPC-KCD | OPINION AND ORDER re: [1] Complaint. Plaintiff Tino Norfleet's Complaint (Doc. 1) is DISMISSED without prejudice. Norfleet may file an amended complaint by March 21, 2024. Otherwise, the Court will enter judgment and close this case. Sig OPINION AND ORDER re: [1] Complaint. Plaintiff Tino Norfleet's Complaint (Doc. 1) is DISMISSED without prejudice. Norfleet may file an amended complaint by March 21, 2024. Otherwise, the Court will enter judgment and close this case. Sig
| Judge Sheri Polster Chappell |
03/07/2024 | Terrell v. Paulette et al 2:23-cv-00552-SPC-NPM | OPINION AND ORDER re: [1] Complaint. Plaintiff Chantea Tamika Terrell's Complaint (Doc. 1) is DISMISSED without prejudice. Terrell may file an amended complaint by April 8, 2024. Otherwise, the Court will enter judgment and close this cas OPINION AND ORDER re: [1] Complaint. Plaintiff Chantea Tamika Terrell's Complaint (Doc. 1) is DISMISSED without prejudice. Terrell may file an amended complaint by April 8, 2024. Otherwise, the Court will enter judgment and close this cas
| Judge Sheri Polster Chappell |
03/07/2024 | Viola v. Charlotte's Web, Inc. 2:23-cv-00279-SPC-NPM | ORDER denying [33] defendant's motion to stay discovery. See order for details. Signed by Magistrate Judge Nicholas P. Mizell on 3/7/2024. (TLP)
| Judge Sheri Polster Chappell |
03/07/2024 | Kazak and Kazak Real Estate v. Truist 2:23-cv-00040-SPC-KCD | ORDER denying [57] Amended Motion to Strike Defendant's Affirmative Defenses. Signed by Magistrate Judge Kyle C. Dudek on 3/7/2024. (CGW)
| Judge Sheri Polster Chappell |
03/06/2024 | Samek v. Marceno et al 2:24-cv-00019-SPC-NPM | ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice as a shotgun pleading. Plaintiff may file an amended complaint consistent with this Order on or before March 19, 2024. Failure to do so will result in the closure of this case witho
| Judge Sheri Polster Chappell |
03/06/2024 | USA v. Hunter 2:23-cr-00147-SPC-KCD | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [36]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/6/2024. (AEH)
| Judge Sheri Polster Chappell |
03/06/2024 | USA v. Foster 2:23-cr-00133-SPC-KCD | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [39]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/6/2024. (AEH)
| Judge Sheri Polster Chappell |
03/06/2024 | USA v. Irons 2:23-cr-00136-SPC-NPM | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [34]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/6/2024. (AEH)
| Judge Sheri Polster Chappell |
03/06/2024 | USA v. Wien 2:23-cr-00109-SPC-NPM | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [48]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/6/2024. (AEH)
| Judge Sheri Polster Chappell |
03/06/2024 | USA v. Flournoy 2:23-cr-00110-SPC-NPM | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [36]) is GRANTED. Signed by Judge Sheri Polster Chappell on 3/6/2024. (AEH)
| Judge Sheri Polster Chappell |
03/06/2024 | Hall et al v. Carner et al 2:23-cv-00595-SPC-NPM | OPINION AND ORDER re: [27] MOTION to Dismiss for Failure to State a Claim re [16] Second Amended Complaint, [39] MOTION to Dismiss Second Amended Complaint. Defendant Jon Carner's Motion to Dismiss Plaintiffs' Second Amen
| Judge Sheri Polster Chappell |
03/05/2024 | Rosario v. Commissioner of Social Security 2:23-cv-00119-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [17]) is ACCEPTED and ADOPTED, and the findings incorporated herein. The Clerk is DIRECTED to enter judgment, deny any pending motions as moot, term
| Judge Sheri Polster Chappell |
03/04/2024 | United States v. Fitzgerald et al 2:23-cv-01130-SPC-KCD | CONSENT DECREE OF PERMANENT INJUNCTION: (Doc. [15]) . See Order for details. Signed by Judge Sheri Polster Chappell on 3/4/2024. (AEH) CONSENT DECREE OF PERMANENT INJUNCTION: re (Doc. [16]). See Order for details. Signed by Judge Sheri Polster Chappell on 3/4/2024. (AEH)
| Judge Sheri Polster Chappell |
03/01/2024 | Ange's Auto Repair Service, Inc. v. Century Surety Company 2:21-cv-00655-SPC-NPM | ORDERED: United States Magistrate Judge Nicholas P. Mizell's Report and Recommendation (Doc. [62]) is ACCEPTED and ADOPTED and the findings incorporated herein. Defendant's Supplemental Motion for Attorney's Fees and Fee Expert Cost
| Judge Sheri Polster Chappell |
02/29/2024 | USA v. Graves 2:23-cr-00144-SPC-KCD | ORDERED: The United States' Motion for Order of Forfeiture and Preliminary Order of Forfeiture for Direct Assets (Doc. [26]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
02/29/2024 | Anoushfar v. Lexington Insurance Company 2:23-cv-01003-SPC-NPM | ORDERED: Plaintiff Shahriar Anoushfar's Motion to Remand (Doc. [8]) is DENIED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
02/29/2024 | USA v. Diggs 2:23-cr-00106-SPC-KCD | ORDERED: The United States' Motion for Final Order of Forfeiture (Doc. [31]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
02/29/2024 | USA v. Ivey 2:23-cr-00090-SPC-KCD | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [39]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
02/29/2024 | USA v. Vera 2:23-cr-00062-SPC-NPM | ORDERED: The United States' Motion for Final Order of Forfeiture (Doc. [54]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
02/29/2024 | USA v. Fuentes 2:23-cr-00049-SPC-NPM | ORDERED: The United States' Motion for Preliminary Order of Forfeiture (Doc. [74]) is GRANTED. Signed by Judge Sheri Polster Chappell on 2/29/2024. (AEH)
| Judge Sheri Polster Chappell |
02/29/2024 | USA v. Brillhart 2:22-cr-00053-SPC-NPM | ORDERED: Defendant Richard Brillhart's Rule 29(c) Motion for Judgment of Acquittal (Doc. [178]) is DENIED. Defendant Richard Brillhart's Rule 33 Motion for a New Trial (Doc. [179]) is DENIED. Signed by Judge Sheri Polster Chappell on 2
| Judge Sheri Polster Chappell |
02/28/2024 | Gomeringer et al v. The Boat House of Cape Coral, LLC 2:23-cv-00089-SPC-NPM | ORDER granting in part [23] Carolina Skiff LLC's motion to dismiss for improper venue, or alternatively, motion to compel arbitration or motion to dismiss for failure to state a claim. Pursuant to the FAA, 9 U.S.C. §§ 3 & 4, this a
| Judge Sheri Polster Chappell |
02/28/2024 | Graziano v. Eagle Creek of Naples Condominium Assoc., Inc. et al 2:22-cv-00034-SPC-KCD | ORDER denying [159] Motion to Reconsider re [158] Order on Motion for Extension of Time to Complete Discovery filed by Jeffrey S. Schelling, P.A. EXCEPT AS FOLLOWS: the dispositive motion deadline is reset to April 1, 2024; all othe
| Judge Sheri Polster Chappell |
02/26/2024 | Rosser v. Growin Estate LLC 2:23-cv-01107-SPC-KCD | REPORT AND RECOMMENDATION re [21] MOTION for Default Judgment against Growin Estate LLC filed by Dianna Rosser. Accordingly, the Court RECOMMENDS that: 1.Rosser's Motion for Default Judgment be GRANTED as to Growin's liabil
| Judge Sheri Polster Chappell |
02/23/2024 | Fletcher v. Fox et al 2:24-cv-00136-SPC-KCD | OPINION AND ORDER. Plaintiff James William Fletcher's Complaint for Violations of Civil Rights [1] is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sh
| Judge Sheri Polster Chappell |
02/23/2024 | Minsky et al v. Wright National Flood Insurance Company et al 2:23-cv-00740-SPC-NPM | ORDER denying [22] Defendant Florida Peninsula Insurance Company's Motion to Dismiss for Lack of Subject Matter Jurisdiction. Signed by Judge Sheri Polster Chappell on 2/23/2024. (LF)
| Judge Sheri Polster Chappell |
02/22/2024 | Lorch v. Williams et al 2:24-cv-00018-SPC-KCD | OPINION AND ORDER re: [1] Complaint. Christopher Lorch's Complaint (Doc. 1) is DISMISSED without prejudice. Lorch may file an amended complaint by March 14, 2024. Otherwise, the Court will enter judgment and close this case without further OPINION AND ORDER re: [1] Complaint. Christopher Lorch's Complaint (Doc. 1) is DISMISSED without prejudice. Lorch may file an amended complaint by March 14, 2024. Otherwise, the Court will enter judgment and close this case without further
| Judge Sheri Polster Chappell |
02/22/2024 | USA v. Robeledo-Mejia 2:23-cr-00114-SPC-NPM | JUDGMENT as to Carlos Roberto Robledo-Mejia, Count 1, Imprisonment: time served; Supervised Release: No term imposed; Special Assessments: $100.00; Remand to the custody of the United States Marshal for processing to the Bureau of Immigrati
| Judge Sheri Polster Chappell |
02/22/2024 | USA v. Fuentes 2:23-cr-00049-SPC-NPM | ORDERED: Defendant Luis Fuentes' Unopposed Motion Requesting an Order Clarifying that Defendant Shall Not Be Released Prior to Sentencing (Doc. [72]) is GRANTED. Defendant must remain in the custody of the United States Marshal pending s
| Judge Sheri Polster Chappell |
02/22/2024 | USA v. Vazquez 2:21-cr-00066-SPC-NPM | ORDER FINDING DEFENDANT INCOMPETENT as to Jesus Alexis Vazquez. See Order for details. Signed by Magistrate Judge Kyle C. Dudek on 2/22/2024. (CGW)
| Judge Sheri Polster Chappell |
02/20/2024 | Koletas v. United States of America 2:23-cv-00733-SPC-KCD | ORDERED: Defendant's Motion to Dismiss (Doc. [13]) is GRANTED and this action is DISMISSED with prejudice for the reasons stated in this Order. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close th
| Judge Sheri Polster Chappell |
02/20/2024 | USA v. Fuentes 2:23-cr-00049-SPC-NPM | AMENDED REPORT AND RECOMMENDATION Concerning Plea of Guilty re: count(s) One, Two, Three and Four of the Indictment as to Luis Daniel Fuentes. Signed by Magistrate Judge Nicholas P. Mizell on 2/20/2024. (WRW) AMENDED ACCEPTANCE OF PLEA of guilty and adjudication of guilt re: counts One, Two, Three and Four of the Indictment as to Luis Daniel Fuentes. Signed by Judge Sheri Polster Chappell on 2/20/2024. (Sentencing is set for 5/28/2024 at 1:30PM in Ft.
| Judge Sheri Polster Chappell |
02/20/2024 | Kazak and Kazak Real Estate v. Truist 2:23-cv-00040-SPC-KCD | CONFIDENTIALITY ORDER re [59] Order on Motion for Protective Order. Signed by Magistrate Judge Kyle C. Dudek on 2/16/2024. (CGW)
| Judge Sheri Polster Chappell |
02/16/2024 | Hall v. Masters et al 2:23-cv-00105-SPC-KCD | OPINION AND ORDER re: [37] MOTION to Vacate [24] Clerk's Entry of Default and Response to Plaintiff's Amended Motion for Default Judgment [DE 26 and 27]. Defendants' Motion to Vacate Clerk's Default (Doc. 37) is
| Judge Sheri Polster Chappell |
02/15/2024 | Port Charlotte Lodge #2507 Order of the Sons of Italy in America, Inc. v. Westchester Surplus Lines Insurance Company 2:24-cv-00040-SPC-NPM | ORDERED: Plaintiff's motion to remand (Doc. [8]) is GRANTED. Defendant's motion to dismiss (Doc. [9]) is DENIED WITHOUT PREJUDICE to renew in state court. The Clerk of Court is directed to REMAND this case to the Circuit Court of the Twe
| Judge Sheri Polster Chappell |
02/15/2024 | Hoover v. Miller et al 2:23-cv-01124-SPC-NPM | OPINION AND ORDER re: [1] Complaint. Plaintiff James Hoover's Complaint (Doc. 1) is DISMISSED without prejudice. Hoover may file an amended complaint by March 7, 2023. Otherwise, the Court will dismiss this case without further notice. OPINION AND ORDER re: [1] Complaint. Plaintiff James Hoover's Complaint (Doc. 1) is DISMISSED without prejudice. Hoover may file an amended complaint by March 7, 2023. Otherwise, the Court will dismiss this case without further notice.
| Judge Sheri Polster Chappell |
02/14/2024 | Hyde et al v. Progressive American Insurance Company 2:23-cv-01187-SPC-NPM | ORDERED: Plaintiffs Nancy and Kevin Hyde's Amended Motion to Remand (Doc. [13]) is DENIED. Signed by Judge Sheri Polster Chappell on 2/14/2024. (AEH)
| Judge Sheri Polster Chappell |
02/13/2024 | Moretto v. Florida Department of Corrections et al 2:23-cv-01033-SPC-NPM | OPINION AND ORDER re: [10] MOTION to Reopen Case. The Court DENIES Moretto's request to reopen this case (Doc. 10). Moretto's voluntarily dismissal was without prejudice, so he may, of course, commence a new action. Signed by Judge S
| Judge Sheri Polster Chappell |
02/13/2024 | Hanson v. Same Day Funding Inc. 2:23-cv-00910-SPC-KCD | ORDERED: Defendant's Motion to Dismiss or Motion for Summary Judgment in the Alternative (Doc. [21]) is DENIED without prejudice. On or before February 20, 2024, Defendant must respond to the complaint. Signed by Judge Sheri Polster Chappel
| Judge Sheri Polster Chappell |
02/13/2024 | Rosario v. Commissioner of Social Security 2:23-cv-00119-SPC-NPM | REPORT AND RECOMMENDATIONS recommending the decision of the Commissioner be AFFIRMED and the clerk of court be directed to enter judgment in defendant's favor. See report for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/13/202
| Judge Sheri Polster Chappell |
02/13/2024 | USA v. Ramirez-Ramirez 2:22-cr-00115-SPC-NPM | JUDGMENT as to Salomon Ramirez-Ramirez, Count 1, Imprisonment: 15 months, such term to run consecutive to the term imposed in Collier County Docket No.: 22-CF-1336; Supervised Release: No term of supervision is imposed; Special Assessment: $
| Judge Sheri Polster Chappell |
02/13/2024 | Ange's Auto Repair Service, Inc. v. Century Surety Company 2:21-cv-00655-SPC-NPM | REPORT AND RECOMMENDATIONS recommending defendant's [60] supplemental motion for attorney's fees and fee expert costs be granted in part. See Order for details. Signed by Magistrate Judge Nicholas P. Mizell on 2/13/2024. (TLP)
| Judge Sheri Polster Chappell |
02/12/2024 | Mercola v. The New York Times Company 2:23-cv-00545-SPC-KCD | ORDERED: Defendant's Motion to Dismiss (Doc. [28]) is GRANTED and this action is DISMISSED with prejudice for the reasons stated in this Order. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close th
| Judge Sheri Polster Chappell |
02/09/2024 | Joseph v. Centurion Health 2:24-cv-00042-SPC-NPM | OPINION AND ORDER. This action is DISMISSED without prejudice under 28 U.S.C. § 1915(g). The Clerk is DIRECTED to enter judgment, terminate any pending motions and deadlines, and close this file. Signed by Judge Sheri Polster Chappell on
| Judge Sheri Polster Chappell |
02/09/2024 | Duke et al v. Westchester Surplus Lines Insurance Company 2:23-cv-00964-SPC-NPM | ORDERED: Defendant's Motion to Dismiss the Complaint (Doc. [13]) is DENIED. Signed by Judge Sheri Polster Chappell on 2/8/2024. (AEH)
| Judge Sheri Polster Chappell |
02/09/2024 | Sussman v. Harris et al 2:23-cv-00461-SPC-KCD | OPINION AND ORDER re: [30] Amended Complaint. Plaintiff David Charles Sussman's Second Amended Complaint (Doc. 30) is DISMISSED without prejudice. The Court is DIRECTED to terminate pending motions and deadlines, enter judgment, and clos
| Judge Sheri Polster Chappell |
02/07/2024 | Strike 3 Holdings, LLC v. Doe 2:24-cv-00091-SPC-KCD | ORDER granting in part and denying in part [7] Motion for Leave to File Third Party Subpoena. See Order for details. Signed by Magistrate Judge Kyle C. Dudek on 2/7/2024. (CGW)
| Judge Sheri Polster Chappell |
02/06/2024 | Bowden v. Frost et al 2:22-cv-00769-SPC-NPM | OPINION AND ORDER re: [53] MOTION to Dismiss Second Amended Complaint , [52] Amended Complaint. Defendants' Motion to Dismiss Second [sic] Amended Complaint (Doc. 53) is GRANTED. Bowden's Amended Complaint (Doc. 52) is DISM
| Judge Sheri Polster Chappell |
02/02/2024 | Horowitz v. Emerald Nutraceuticals, LLC. et al 2:23-cv-00696-SPC-NPM | ORDERED: Pro se Plaintiff Leonard G. Horowitz's Motion for Reconsideration is GRANTED. Plaintiff may file an amended complaint--with the Fort Myers Division Clerk's Office--on or before February 26, 2024. Failure to do so will result i
| Judge Sheri Polster Chappell |
02/02/2024 | Thayer v. South Florida Nuclear Group LLC et al 2:22-cv-00449-SPC-NPM | ORDERED: Relator Kristle Thayer's Voluntary Motion to Dismiss Without Prejudice (Doc. [15]) is GRANTED. The above-captioned case is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any deadlines and close the file Signed by J
| Judge Sheri Polster Chappell |
02/02/2024 | USA v. Seymore 2:20-cr-00111-SPC-NPM | COPY of Order on Motion to proceed in forma pauperis on appeal entered in Case 2:23-cv-00469-SPC-NPM as to Petitioner Brantley Seymore. Copy of order mailed to Brantley Seymore, see civil case. Signed by Judge Sheri Polster Chappell on 2/2/2024. (
| Judge Sheri Polster Chappell |
02/02/2024 | Williams v. United States of America 2:19-cv-00271-SPC-M_M | OPINION AND ORDER re: [27] MOTION for Reconsideration. Petitioner Norris Williams' Motion for Consideration Under Federal Rule of Civil Procedure 60(b)(6) (Doc. 27) is DENIED. Signed by Judge Sheri Polster Chappell on 2/2/2024. (BGS)
| Judge Sheri Polster Chappell |
01/31/2024 | USA v. Welbourne 2:23-cr-00040-SPC-KCD | ORDER granting the United States' Motion for Preliminary Order of Forfeiture as to Richard Welbourne (Doc. [49]). Signed by Judge Sheri Polster Chappell on 1/31/2024. (AEH)
| Judge Sheri Polster Chappell |
01/30/2024 | USA v. Petiton Moreno 2:23-cr-00053-SPC-KCD | JUDGMENT as to Silvio Cabanes Petiton Moreno, Counts 1-2. Imprisonment: 70 months, such term consists of 70 months as to Count 1 and 70 months as to Count 2, terms shall run concurrently; Supervised Release: 60 months, such term consists of 60 m
| Judge Sheri Polster Chappell |
01/30/2024 | Pauly et al v. Hartford Insurance Company of the Midwest 2:23-cv-00259-SPC-KCD | ORDER denying [70] Plaintiffs' Motion to Compel; denying [73] Plaintiffs' Motion for Leave to File a Reply. Signed by Magistrate Judge Kyle C. Dudek on 1/29/2024. (CGW) Modified on 2/1/2024 to edit order date (EAM).
| Judge Sheri Polster Chappell |
01/29/2024 | Kinney v. Marlett et al 2:23-cv-00899-SPC-NPM | OPINION AND ORDER. Benson Kinney's Complaint [1] is DISMISSED without prejudice. Kinney may file an amended complaint by February 19, 2024. Otherwise, the Court will close this case and enter judgment without further notice. Signed by Ju OPINION AND ORDER. Benson Kinney's Complaint [1] is DISMISSED without prejudice. Kinney may file an amended complaint by February 19, 2024. Otherwise, the Court will close this case and enter judgment without further notice. Signed by Ju
| Judge Sheri Polster Chappell |
01/29/2024 | Bishop-Tregea et al v. Landmark Hospitals, LLC et al 2:20-cv-00464-SPC-KCD | ORDER re [27] Notice of Election to Decline Intervention filed by United States of America. The Complaint shall be unsealed and served upon Defendants by the relators. The Clerk is directed to lift the seal on the Complaint (S-1), the Gove
| Judge Sheri Polster Chappell |
01/24/2024 | USA v. Brillhart 2:22-cr-00053-SPC-NPM | ORDERED: Defendant Richard Brillhart's Motion for Reconsideration of Admission of Videos (Doc. [146]) is DENIED. Signed by Judge Sheri Polster Chappell on 1/24/2024. (AEH) ORDERED: Defendant Richard Brillhart's Third Motion in Limine (Doc. [140]) is DENIED. Signed by Judge Sheri Polster Chappell on 1/24/2024. (AEH)
| Judge Sheri Polster Chappell |
01/24/2024 | USA v. Vazquez 2:21-cr-00066-SPC-NPM | ORDER DIRECTING A COMPETENCY EXAMINATION as to Jesus Alexis Vazquez. Signed by Magistrate Judge Kyle C. Dudek on 1/24/2024. (CGW)
| Judge Sheri Polster Chappell |
01/23/2024 | Deptula v. Warden, Desoto Correctional Institution 2:24-cv-00052-SPC-KCD | AMENDED OPINION AND ORDER. Petitioner Thomas Deptula's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 (Doc. 1) is DISMISSED as untimely. The Clerk is DIRECTED to enter judgment and close this case. Deptula is not ent
| Judge Sheri Polster Chappell |
01/23/2024 | Walsh v. The Standard Fire Insurance Company 2:23-cv-01223-SPC-NPM | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Lee County, Florida. T
| Judge Sheri Polster Chappell |
01/19/2024 | Deptula v. Warden, Desoto Correctional Institution 2:24-cv-00052-SPC-KCD | OPINION AND ORDER. Petitioner Thomas Deptula's Petition for Writ of Habeas Corpus Pursuant to 28 U.S.C. § 2241 [1] is DISMISSED as untimely. Signed by Judge Sheri Polster Chappell on 1/19/2024. (BGS)
| Judge Sheri Polster Chappell |
01/19/2024 | Gilberti v. Padar et al 2:23-cv-00609-SPC-KCD | ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. [9]) is ACCEPTED and ADOPTED, and the findings incorporated. Plaintiff Joseph Gilberti's Objection (Doc. [10]) is OVERRULED. The Amended Complaint (
| Judge Sheri Polster Chappell |
01/19/2024 | Morales v. Trademark Douglas, LLC 2:23-cv-00390-SPC-KCD | ORDERED: United States Magistrate Judge Kyle C. Dudek's Report and Recommendation (Doc. [51]) is ACCEPTED and ADOPTED, and the findings incorporated herein. The Joint Motion for Settlement Approval (Doc. [50]) is GRANTED, and this action is
| Judge Sheri Polster Chappell |
01/19/2024 | Keeler v. Hughley 2:21-cv-00141-SPC-NPM | OPINION AND ORDER re: [65] MOTION for Summary Judgment. Defendant Michael Antonio Hughley's Motion for Summary Judgment (Doc. 65) is GRANTED. This action is DISMISSED with prejudice. The Clerk is DIRECTED to terminate any pending
| Judge Sheri Polster Chappell |
01/17/2024 | Janis v. Wright National Flood Insurance Company 2:24-cv-00049-SPC-KCD | ORDERED: Plaintiff Janis's Complaint (Doc. [1]) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint on or before February 5, 2024. Failure to do so will cause the Court to close thi
| Judge Sheri Polster Chappell |
01/17/2024 | USA v. Martinez-Olvera 2:23-cr-00118-SPC-NPM | JUDGMENT as to Reynaldo Martinez-Olvera, Count 1, Imprisonment: TIME-SERVED; Supervised Release: No term imposed; Special Assessments: $100; remand to the custody of the United States Marshal for processing to the Bureau of Immigration and
| Judge Sheri Polster Chappell |
01/17/2024 | USA v. Hernandez-Garcia 2:23-cr-00116-SPC-KCD | JUDGMENT as to Gerardo Hernandez-Garcia, Count 1, Imprisonment: TIME-SERVED; Supervised Release: No term imposed; Special Assessments: $100; Remand to the custody of the United States Marshal for processing to the Bureau of Immigration and
| Judge Sheri Polster Chappell |
01/17/2024 | USA v. Desgrange 2:23-cr-00074-SPC-KCD | JUDGMENT as to Augustin Desgrange, Count 1, Imprisonment: 30-MONTHS; Supervised Release: 36-MONTHS; Special Assessments: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 1/17/2024. (AEH)
| Judge Sheri Polster Chappell |
01/17/2024 | USA v. Corona 2:22-cr-00070-SPC-KCD | JUDGMENT as to Artemio Corona, Count 1, Imprisonment: 51 months; Supervised Release: 36 months; Special Assessments: $100; remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 1/17/2024. (AEH)
| Judge Sheri Polster Chappell |
01/16/2024 | Moretto v. Securus Technologies et al 2:23-cv-00881-SPC-NPM | OPINION AND ORDER re: [12] Objection, [14] MOTION for Leave to File Other Document: Objection, [13] MOTION to Amend [1] Complaint. Moretto's construed Rule 60(b) motions (Docs. 12, 13, and 14) are DENIED. Signed by Judge Sheri Polst
| Judge Sheri Polster Chappell |
01/12/2024 | Cavanagh v. Auto Club Insurance Company of Florida et al 2:24-cv-00010-SPC-NPM | ORDERED: Plaintiff Cavanagh's Complaint (Doc. [1]) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint on or before February 3, 2024. Failure to do so will cause the Court to close
| Judge Sheri Polster Chappell |
01/12/2024 | USA v. Risco 2:23-cr-00061-SPC-KCD | JUDGMENT as to Chester Lewis Risco, III, Count 1, Imprisonment: 46 months; Supervised Release: 36 months; Special Assessment: $100.00; Forfeiture included in judgment; Remand to the custody of the United States Marshal. Signed by Judge Sher
| Judge Sheri Polster Chappell |
01/12/2024 | George v. Berman et al 5:21-cv-00632-SPC-PRL | OPINION AND ORDER re: [44] MOTION to Dismiss for Failure to State a Claim. Defendants' Motion to Dismiss/Alternative Motion for a More Definite Statement (Doc. 44) is GRANTED in part and DENIED in part. George's Amended Complai OPINION AND ORDER re: [44] MOTION to Dismiss for Failure to State a Claim. Defendants' Motion to Dismiss/Alternative Motion for a More Definite Statement (Doc. 44) is GRANTED in part and DENIED in part. George's Amended Complai
| Judge Sheri Polster Chappell |
01/10/2024 | USA v. Smith 2:23-cr-00121-SPC-KCD | ORDER granting [38] Addendum to Petition for Action on Conditions of Pretrial Release as to Daniel Lee Smith. Signed by Magistrate Judge Kyle C. Dudek on 1/10/2024. (CGW)
| Judge Sheri Polster Chappell |
01/10/2024 | USA v. Diggs 2:23-cr-00106-SPC-KCD | JUDGMENT as to Jimmy Derrick Diggs, Count 1, Imprisonment: 92 months, such term shall run concurrently with sentence imposed in District Case No.: 2:23-cr-007-SPC-NPM; Supervised Release: 60 months, such term shall run concurrently with sentenc
| Judge Sheri Polster Chappell |
01/10/2024 | McFalls v. NCH Healthcare System, Inc. et al 2:23-cv-00572-SPC-KCD | ORDERED: Defendants' Motion to Dismiss (Doc. [26]) is GRANTED IN PART. Counts III and IV of the Amended Complaint (Doc. [24]) are DISMISSED without prejudice. Count VI of the Amended Complaint (Doc. [24]) is DISMISSED with prejudice. Pl
| Judge Sheri Polster Chappell |
01/10/2024 | USA v. Organo 2:23-cr-00082-SPC-NPM | JUDGMENT as to Anthony Vincent Organo, Counts 1-2, Imprisonment: 210-MONTHS as to each count, all counts to run concurrently; Supervised Release: 15-YEARS as to each count, all counts to run concurrently; Sex Offender special conditions; Special
| Judge Sheri Polster Chappell |
01/10/2024 | Arambasich v. Commissioner of Social Security 2:23-cv-00240-SPC-KCD | ORDER granting [23] Plaintiff's Unopposed Petition for EAJA Fees. The Court awards Plaintiff $8,311.98 in attorney's fees and $402 in costs. This award will be paid directly to Plaintiff's counsel if the United States d
| Judge Sheri Polster Chappell |
01/10/2024 | USA v. Diggs 2:23-cr-00007-SPC-NPM | JUDGMENT as to Jimmy Derrick Diggs, Count 1, Imprisonment: 92 months, such term shall run concurrently with sentence imposed in District Case No.: 2:23-cr-106-SPC-KCD; Supervised Release: 60 months, such term shall run concurrently with sentence
| Judge Sheri Polster Chappell |
01/09/2024 | USA v. Ramos-Mendez 2:23-cr-00100-SPC-NPM | JUDGMENT as to Andres Ramos-Mendez, Count 1, Imprisonment: time served; Supervised Release: No term imposed: Special Assessment: $100; Remand to the custody of the United States Marshal for processing to the Bureau of Immigration and Custom
| Judge Sheri Polster Chappell |
01/09/2024 | USA v. Ruiz-Zepeda 2:23-cr-00091-SPC-NPM | JUDGMENT as to Luis Fernando Ruiz-Zepeda, Count 1, Imprisonment: time served; Supervised Release: 12 months; Special Assessment: $100; Remand to the custody of the United States Marshal for processing to the Bureau of Immigration and Custo
| Judge Sheri Polster Chappell |
01/09/2024 | USA v. Mateo-Mazariegos 2:23-cr-00096-SPC-NPM | JUDGMENT as to Edi Mateo-Mazariego, Count 1, Imprisonment: time served; Supervised Release: No term imposed: Special Assessment: $100; Remand to the custody of the United States Marshal for processing to the Bureau of Immigration and Custom
| Judge Sheri Polster Chappell |
01/09/2024 | USA v. Martinez-Ruiz 2:23-cr-00029-SPC-KCD | JUDGMENT as to Javier Martinez-Ruiz, Count 1, Imprisonment: 10 months; Supervised Release: 12 months; Special Assessment: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 1/9/2024. (AEH)
| Judge Sheri Polster Chappell |
01/08/2024 | v. Guerrero et al 2:23-cv-01201-SPC-KCD | ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Charlotte County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Charlotte County,
| Judge Sheri Polster Chappell |
01/08/2024 | Sussman v. Harris et al 2:23-cv-00461-SPC-KCD | OPINION AND ORDER re: [37] MOTION for Reconsideration re [35] Order on Motion for Preliminary Injunction Order on Motion for Hearing / Settlement Conference, MOTION to Appoint Counsel. Sussman's construed motion for reconsideration an
| Judge Sheri Polster Chappell |