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
04/22/2024Knouse 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
04/19/2024McFalls 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
04/19/2024Avant 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
04/17/2024Hernandez 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
04/17/2024Smith 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
04/17/2024Sagesse 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
04/15/2024Myers 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
04/15/2024Bayside 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
04/15/2024Adkins 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
04/15/2024Antale 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
04/12/2024K.P. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A
2:24-cv-00272-SPC-KCD		 ORDER denying [12] Motion for Order Authorizing Alternate Service. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 4/12/2024. (CGW)
Judge Sheri Polster Chappell
04/12/2024S. 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
04/12/2024Kelley 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
04/11/2024Perry 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
04/11/2024Hampton 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
04/11/2024Hachett 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
04/11/2024Davis v. Commissioner of Social Security
2:23-cv-00862-SPC-NPM		ORDERED: The Commissioner's Unopposed Motion for Entry of Judgment with Remand (Doc. [18]) is GRANTED. The decision denying benefits is REVERSED and this case is REMANDED pursuant to sentence four of 42 U.S.C. § 405(g) for further proce
Judge Sheri Polster Chappell
04/09/2024Couture 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
04/09/2024USA 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
04/04/2024Casiano 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
04/04/2024USA 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
04/03/2024Kailas 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
04/03/2024Lopez 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
04/02/2024K.P. v. The Individuals, Partnerships, and Unincorporated Associations Identified on Schedule A
2:24-cv-00272-SPC-KCD		 ORDER granting [5] Motion for Leave to File Under Seal Certain Documents Containing Identifying Information About the Parties; Plaintiff shall be permitted to file, and the Clerk is directed to accept, the following documents UNDER SEAL: i.Unreda
Judge Sheri Polster Chappell
04/02/2024McFalls 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
04/02/2024Pruco 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
04/02/2024USA 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
04/01/2024USA 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
03/29/2024Spears 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
03/28/2024Marquardt 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
03/28/2024Patterson 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
03/26/2024New 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
03/26/2024Trombetti 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
03/26/2024USA 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
03/25/2024Norfleet 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
03/25/2024Lorch 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
03/25/2024Reyes 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
03/22/2024Ylitalo 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
03/22/2024Lorch 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
03/22/2024FCC 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
03/21/2024Morales 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
03/21/2024Gomeringer 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
03/20/2024Blue 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
03/20/2024Klinkman 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
03/19/2024Curry 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
03/19/2024USA 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
03/19/2024USA 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
03/19/2024Mont 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
03/18/2024Boatman 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
03/15/2024USA 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
03/15/2024Couture 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
03/13/2024McFalls 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
03/12/2024Rosser 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
03/12/2024Risco 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
03/12/2024USA 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
03/12/2024USA 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
03/12/2024USA 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
03/12/2024Viola 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
03/12/2024Geico 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
03/08/2024Strike 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
03/08/2024Knouse 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
03/08/2024Mont 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
03/07/2024Phillips 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
03/07/2024Norfleet 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
03/07/2024Terrell 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
03/07/2024Viola 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
03/07/2024Kazak 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
03/06/2024Samek 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
03/06/2024USA 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
03/06/2024USA 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
03/06/2024USA 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
03/06/2024USA 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
03/06/2024USA 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
03/06/2024Hall 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
03/05/2024Rosario 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
03/04/2024United 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
03/01/2024Ange'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
02/29/2024USA 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
02/29/2024Anoushfar 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
02/29/2024USA 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
02/29/2024USA 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
02/29/2024USA 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
02/29/2024USA 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
02/29/2024USA 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
02/28/2024Gomeringer 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
02/28/2024Graziano 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
02/26/2024Rosser 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
02/23/2024Fletcher 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
02/23/2024Minsky 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
02/22/2024Lorch 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
02/22/2024USA 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
02/22/2024USA 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
02/22/2024USA 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
02/20/2024Koletas 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
02/20/2024USA 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
02/20/2024Kazak 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
02/16/2024Hall 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
02/15/2024Port 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
02/15/2024Hoover 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
02/14/2024Hyde 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
02/13/2024Moretto 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
02/13/2024Hanson 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
02/13/2024Rosario 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
02/13/2024USA 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
02/13/2024Ange'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
02/12/2024Mercola 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
02/09/2024Joseph 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
02/09/2024Duke 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
02/09/2024Sussman 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
02/07/2024Strike 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
02/06/2024Bowden 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
02/02/2024Horowitz 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
02/02/2024Thayer 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
02/02/2024USA 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
02/02/2024Williams 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
01/31/2024USA 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
01/30/2024USA 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
01/30/2024Pauly 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
01/29/2024Kinney 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
01/29/2024Bishop-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
01/24/2024USA 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
01/24/2024USA 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
01/23/2024Deptula 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
01/23/2024Walsh 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
01/19/2024Deptula 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
01/19/2024Gilberti 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
01/19/2024Morales 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
01/19/2024Keeler 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
01/17/2024Janis v. United Property & Casualty Insurance Company et al
2:24-cv-00049-SPC-KCD		ORDERED: Plaintiff Janis's Complaint (Doc. [1]) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiff may file an amended complaint on or before February 5, 2024. Failure to do so will cause the Court to close thi
Judge Sheri Polster Chappell
01/17/2024USA 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
01/17/2024USA 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
01/17/2024USA 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
01/17/2024USA 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
01/16/2024Moretto 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
01/12/2024Cavanagh 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
01/12/2024USA 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
01/12/2024George 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
01/10/2024USA 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
01/10/2024USA 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
01/10/2024McFalls 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
01/10/2024USA 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
01/10/2024Arambasich 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
01/10/2024USA 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
01/09/2024USA 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
01/09/2024USA 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
01/09/2024USA 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
01/09/2024USA 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
01/08/2024v. 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
01/08/2024Sussman v. Harris et al
2:23-cv-00461-SPC-KCD		 OPINION AND ORDER re: [37] MOTION for Reconsideration re [35] Order on Motion for Preliminary Injunction Order on Motion for Hearing / Settlement Conference, MOTION to Appoint Counsel. Sussman's construed motion for reconsideration an
Judge Sheri Polster Chappell
01/04/2024USA v. Organo
2:23-cr-00082-SPC-NPM		 ORDER granting the United States' Motion for Forfeiture of a Final Order as to Anthony Vincent Organo (Doc. [47]). Signed by Judge Sheri Polster Chappell on 1/4/2024. (AEH)
Judge Sheri Polster Chappell
01/04/2024Seymore v. United States of America
2:23-cv-00469-SPC-NPM		ORDERED: Petitioner Brantley Seymore's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. [1]; Cr-Doc. 60) is DENIED. The Clerk is DIRECTED to enter judgment against Seymore and
Judge Sheri Polster Chappell
01/04/2024USA v. Seymore
2:20-cr-00111-SPC-NPM		ORDERED: Petitioner Brantley Seymore's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1; Cr-Doc. [60]) is DENIED. The Clerk is DIRECTED to enter judgment against Seymore and
Judge Sheri Polster Chappell
01/03/2024Morales v. Trademark Douglas, LLC
2:23-cv-00390-SPC-KCD		 REPORT AND RECOMMENDATION re [50] Joint MOTION for Settlement Approval filed by Gerardo Morales. Signed by Magistrate Judge Kyle C. Dudek on 1/3/2024. (CGW)
Judge Sheri Polster Chappell
01/03/2024USA v. Brillhart
2:22-cr-00053-SPC-NPM		ORDERED: Because Defendant Richard Brillhart has shown an inability to pay the witness's fees and the witness is necessary for him to present an adequate defense, the United States Marshals Service is DIRECTED to either (1) make prepaid trave
Judge Sheri Polster Chappell
01/02/2024Massey v. United States of America
2:23-cv-00440-SPC-NPM		 OPINION AND ORDER re: [1] MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 2:20-cr-129-SPC-MRM. David Levon Massey's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Fe
Judge Sheri Polster Chappell
12/29/2023Walsh v. The Standard Fire Insurance Company
2:23-cv-01223-SPC-NPM		 ORDER re [1] Notice of Removal. Defendant The Standard Fire Insurance Company must SUPPLEMENT its Notice of Removal [1] on or before January 15, 2024, to show cause why this case should not be remanded for lack of subject-matter jurisdiction.
Judge Sheri Polster Chappell
12/29/2023Jassas Capital LLC v. Arch Specialty Insurance Company et al
2:23-cv-01095-SPC-NPM		 ORDER re [1] Notice of Removal. Defendants Arch Specialty Insurance Company, Certain Underwriters at Lloyd's London, and United Specialty Insurance Company's must SUPPLEMENT their Notice of Removal [1] on or before January 15, 2024, t
Judge Sheri Polster Chappell
12/28/2023Delvalle v. Furricci
2:23-cv-00735-SPC-NPM		 OPINION AND ORDER re: [19] MOTION to Alter or Amend Judgment. Delvalle's motion (Doc. 19) is DENIED. Signed by Judge Sheri Polster Chappell on 2023-12-28. (BGS)
Judge Sheri Polster Chappell
12/22/2023USA v. Risco
2:23-cr-00061-SPC-KCD		 ORDER granting the United States' Motion for Final Order of Forfeiture as to Chester Lewis Risco III (Doc. [43]). Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
Judge Sheri Polster Chappell
12/22/2023USA v. Walker
2:23-cr-00037-SPC-KCD		 ORDER granting the United States' Motion for Final Order of Forfeiture as to Deshon G. Walker (Doc. [55]). Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
Judge Sheri Polster Chappell
12/22/2023Avow Hospice, Inc. v. Avow Foundation for Abortion Access, Inc. et al
2:23-cv-00132-SPC-KCD		 AMENDED OPINION AND ORDER. This Amended Opinion and Order supersedes the previous version (Doc. 36), as it merely corrects typographical errors in the Court's Due Process discussion. Signed by Judge Sheri Polster Chappell on 2023-12-22. (BG
Judge Sheri Polster Chappell
12/22/2023USA v. Albanito
2:23-cr-00023-SPC-KCD		 ORDER granting the United States' Motion for Final Order of Forfeiture as to Brandon Albanito (Doc. [96]). Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
Judge Sheri Polster Chappell
12/22/2023USA v. Pelaez Gutierrez
2:22-cr-00036-SPC-NPM		 ORDER granting (Doc. [220]) Motion for Final Order of Forfeiture as to Pedro Sergio Pelaez Gutierrez. Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
Judge Sheri Polster Chappell
12/22/2023USA v. Bess
2:22-cr-00046-SPC-KCD		 ORDER granting (Doc. [74]) the United States' Motion for Final Order of Forfeiture as to James Edward Bess III. Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
Judge Sheri Polster Chappell
12/22/2023USA v. Dickerson Copland
2:22-cr-00042-SPC-KCD		 ORDER granting the United States' Motion for Final Order of Forfeiture as to Manuel Alfredo Dickerson Copland (Doc. [136]). Signed by Judge Sheri Polster Chappell on 2023-12-22. (AEH)
Judge Sheri Polster Chappell
12/21/2023Finnecy v. Scottsdale Insurance Company
2:23-cv-01067-SPC-KCD		ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Collier County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Collier County, Flor
Judge Sheri Polster Chappell
12/21/2023USA v. Boston
2:23-cr-00073-SPC-KCD		 ORDER granting the United States' Motion for Order of Forfeiture as to Ny'Kerria Brandice Boston (Doc. [39]). Signed by Judge Sheri Polster Chappell on 2023-12-21. (AEH)
Judge Sheri Polster Chappell
12/21/2023USA v. Ponce
2:23-cr-00064-SPC-KCD		 ORDER granting the United States' Motion for Preliminary Order of Forfeiture as to Christopher Jorge Ponce (Doc. [42]). Signed by Judge Sheri Polster Chappell on 2023-12-21. (AEH)
Judge Sheri Polster Chappell
12/21/2023USA v. Syfrett
2:23-cr-00051-SPC-KCD		 ORDER granting United States' Motion for Forfeiture as to Cody Ray Syfrett (Doc. [43]). Signed by Judge Sheri Polster Chappell on 2023-12-21. (AEH)
Judge Sheri Polster Chappell
12/21/2023Avow Hospice, Inc. v. Avow Foundation for Abortion Access, Inc. et al
2:23-cv-00132-SPC-KCD		ORDERED: Defendants' Motion to Dismiss Plaintiff's First Amended Complaint for Lack of Personal Jurisdiction and Failure to State a Claim under Rules 12(b)(2) and 12(b)(6) (Doc. [32]) is GRANTED. Plaintiff's Amended Complaint (Do
Judge Sheri Polster Chappell
12/18/2023Florida Gas Transmission Company, LLC v. +/- 1.211 Acres of Land in Charlotte County, Florida et al
2:23-cv-00612-SPC-NPM		 ORDER granting [8] Florida Gas Transmission Company, LLC's motion for preliminary injunction and [9] motion for partial summary judgment, and denying as moot [16] its Motion to Request Oral Argument regarding each motion. See Order for deta
ORDER granting [8] Florida Gas Transmission Company, LLC's motion for preliminary injunction and [9] motion for partial summary judgment, and denying as moot [16] its Motion to Request Oral Argument regarding each motion. See Order for deta
Judge Sheri Polster Chappell
12/15/2023Watson III v. State of Florida et al
2:23-cv-01126-SPC-KCD		 OPINION AND ORDER. Plaintiff Marshall Watson III's Civil Rights Complaint [1] is DISMISSED without prejudice. Watson may file an amended complaint by January 5, 2024. Otherwise, the Court will enter judgment and close this case without fu
OPINION AND ORDER. Plaintiff Marshall Watson III's Civil Rights Complaint [1] is DISMISSED without prejudice. Watson may file an amended complaint by January 5, 2024. Otherwise, the Court will enter judgment and close this case without fu
Judge Sheri Polster Chappell
12/15/2023Harris v. United States of America
2:23-cv-00582-SPC-NPM		ORDERED: Petitioner Marvin Harris Jr.'s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. [1]; Cr-Docs. 350, 352) is DENIED. The Clerk is DIRECTED to enter judgment against Har
Judge Sheri Polster Chappell
12/15/2023Tusha v. E2Company et al
2:23-cv-00042-SPC-KCD		ORDERED: Defendants' Motion to Dismiss (Doc. [67]) is GRANTED and this action is DISMISSED for the reasons stated in this Order. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case. Signed
Judge Sheri Polster Chappell
12/15/2023USA v. Bess
2:22-cr-00046-SPC-KCD		 JUDGMENT as to James Edward Bess, III, Counts 1, 2, 3, Imprisonment: 400 months, such term consists of 160 months in each of Counts One and Three, to be served concurrent with each other, followed by a term of 240 months in Count Two, to be serv
Judge Sheri Polster Chappell
12/15/2023USA v. Harris, Jr.
2:20-cr-00134-SPC-NPM		ORDERED:Petitioner Marvin Harris Jr.'s Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence by a Person in Federal Custody (Doc. 1; Cr-Docs. [350], [352]) is DENIED. The Clerk is DIRECTED to enter judgment against Har
Judge Sheri Polster Chappell
12/12/2023Gordon v. Wal-Mart Stores East, LP.
2:23-cv-00864-SPC-NPM		ORDERED: Plaintiff Wanda Gordon's Motion for Remand (Doc. [16]) is GRANTED. The Clerk is DIRECTED to send a certified copy of this Order to the Clerk of the Circuit Court of the Twentieth Judicial Circuit in and for Hendry County, Florida.
Judge Sheri Polster Chappell
12/12/2023Rosa v. 711 Seven Eleven
2:23-cv-00713-SPC-KCD		ORDERED: This action is DISMISSED. The Clerk is DIRECTED to deny any pending motions as moot, terminate any deadlines, and close the case. Signed by Judge Sheri Polster Chappell on 2023-12-12. (AEH)
Judge Sheri Polster Chappell
12/12/2023Quiroga v. United States of America
2:22-cv-00665-SPC-NPM		 OPINION AND ORDER re: [24] MOTION to Set Aside Judgment. Quiroga's Motion (Doc. 24) is DENIED. Signed by Judge Sheri Polster Chappell on 2023-12-12. (BGS)
Judge Sheri Polster Chappell
12/12/2023USA v. Otano
2:13-cr-00089-SPC-NPM		ORDERED: Defendant Jorge Otano's pro se Motion to Terminate Supervised Release (Doc. [258]) is DENIED. Signed by Judge Sheri Polster Chappell on 2023-12-12. (AEH)
Judge Sheri Polster Chappell
12/11/2023Packard v. Right Now Roofing FL Inc.
2:23-cv-01144-SPC-KCD		ORDERED: Packard's Complaint (Doc. [1]) is DISMISSED without prejudice. Packard must FILE an amended complaint consistent with this Order on or before December 22, 2023. Failure to file an amended complaint will lead the Court the dismiss a
Judge Sheri Polster Chappell
12/11/2023R&S at Bayfront Bistro, LLC v. Alliant Insurance Services, Inc. et al
2:23-cv-01129-SPC-NPM		ORDERED: Defendant Alliant Services, Inc. must SUPPLEMENT the Notice of Removal (Doc. [1]) on or before December 18, 2023, to show cause why this action should not be remanded for lack of subject-matter jurisdiction. Failure to follow this Order
Judge Sheri Polster Chappell
12/11/2023USA v. Badillo-Chavez
2:22-cr-00094-SPC-NPM		 JUDGMENT as to Jose Esteban Badillo-Chavez, Count 1, Imprisonment: 37 months; Supervised Release: 12 months; Special Assessments: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 2023-12-11
Judge Sheri Polster Chappell
12/11/2023Thayer v. South Florida Nuclear Group LLC et al
2:22-cv-00449-SPC-NPM		ORDERED: Government's Notice of Election to Decline Intervention (Doc. [13]) is GRANTED. The Clerk is DIRECTED to serve copies of all future pleadings, orders, and notices of appeal filed in this case on the Government. The Clerk is DIRECTE
Judge Sheri Polster Chappell
12/07/2023Moretto v. Securus Technologies et al
2:23-cv-00881-SPC-NPM		 OPINION AND ORDER. Plaintiff Stephen Moretto's Complaint is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on
Judge Sheri Polster Chappell
12/07/2023Delvalle v. Furricci
2:23-cv-00735-SPC-NPM		 OPINION AND ORDER. Plaintiff David Delvalle's Complaint (Doc. 1) is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chap
Judge Sheri Polster Chappell
12/07/2023Donohoe v. Osinga et al
2:21-cv-00534-SPC-NPM		 OPINION AND ORDER re: [46] Motion for Appointment Counsel, [51] MOTION to Produce, [52] MOTION to Amend, [55] MOTION to Amend [16] Amended Complaint. The court thus denies Donohoe's request for appointment of counsel (Doc. 46). If
Judge Sheri Polster Chappell
12/06/2023Bizzell v. 21st Century Oncology Holdings Inc.
2:23-cv-00734-SPC-NPM		 OPINION AND ORDER. Plaintiff Jessie Lee Bizzell's Complaint [1] is DISMISSED. The Clerk is DIRECTED to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 12/6/2023.
Judge Sheri Polster Chappell
12/06/2023Gilberti v. Padar et al
2:23-cv-00609-SPC-KCD		 REPORT AND RECOMMENDATION that Plaintiff's Amended Complaint (Doc. 8) be dismissed as frivolous under 28 U.S.C. § 1915(e). Signed by Magistrate Judge Kyle C. Dudek on 12/6/2023. (Dudek, Kyle)
Judge Sheri Polster Chappell
12/06/2023USA v. Guzman-Torres
2:23-cr-00069-SPC-KCD		 JUDGMENT as to Flavio De Jesus Guzman-Torres, Count 1, Imprisonment: 10 months; Supervised Release: No term of supervision is imposed; Special Assessment: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polst
Judge Sheri Polster Chappell
12/05/2023Moretto v. Wilson
2:23-cv-00930-SPC-KCD		 OPINION AND ORDER. The clerk is directed to prepare the service package for certified mailing to the special appointees at Desoto Correctional Institution designated below. The packet shall include the complaint (Doc. 1), the summons, and this o
Judge Sheri Polster Chappell
12/05/2023USA v. Walker
2:23-cr-00037-SPC-KCD		 JUDGMENT as to Deshon G. Walker, Count 1, Imprisonment: 37 months; Supervised Release: 36 months; Special Assessment: $100; Remand to the custody of the United States Marshal. Signed by Judge Sheri Polster Chappell on 12/5/2023. (AEH) <
Judge Sheri Polster Chappell
12/05/2023Garcia Hembree v. Rojas
2:22-cv-00562-SPC-NPM		 OPINION AND ORDER re: [54] MOTION to Appoint Counsel, [69] MOTION to Amend [42] Amended Complaint, [62] MOTION for Extension of Time to Complete Discovery, and [61] MOTION to Appoint Counsel. The motions are DENIED. Signed by Magist
Judge Sheri Polster Chappell
12/04/2023Horowitz v. Emerald Nutraceuticals, LLC. et al
2:23-cv-00696-SPC-NPM		ORDERED: This action is DISMISSED without prejudice. The Clerk is DIRECTED to deny any motions as moot, terminate any deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 12/4/2023. (AEH)
Judge Sheri Polster Chappell
12/01/2023Blow v. The State of Florida
2:23-cv-01094-SPC-KCD		 OPINION AND ORDER. Plaintiff James Anthony Blow, III's complaint [1] is DISMISSED with prejudice. The Clerk is directed to terminate any pending deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 12/
Judge Sheri Polster Chappell
11/30/2023Couture et al v. Noshirvan et al
2:23-cv-00340-SPC-KCD		ORDERED: TikTok's Motion to Dismiss (Doc. [33]) is GRANTED. The Court DISMISSES with prejudice the claims against Defendants TikTok and ByteDance. Noshirvan's Motion to Dismiss (Doc. [63]) is GRANTED in part. The Court DISMISSES with
Judge Sheri Polster Chappell
11/28/2023Ladson v. Burlington Stores, Inc.
2:23-cv-01078-SPC-KCD		 ORDER re [1] Notice of Removal filed by Burlington Stores, Inc. Defendant Burlington Stores, Inc. must SUPPLEMENT its Notice of Removal [1] on or before December 7, 2023, to show cause why this case should not be remanded for lack of subject mat
Judge Sheri Polster Chappell
11/28/2023USA v. Brown
2:14-cr-00021-SPC-NPM		 ORDER denying [93] Defendant Markeith Brown's pro se Motion for Reconsideration. Signed by Judge Sheri Polster Chappell on 2023-11-28. (LMF)
Judge Sheri Polster Chappell
11/27/2023Campbell v. Secretary, Department of Corrections (Lee County)
2:23-cv-00973-SPC-KCD		 OPINION AND ORDER re: [9] MOTION for Summary Judgment, [8] MOTION for Clarification re [4] Opinion and order, [5] Judgment. Campbell's motions (Docs. 8 and 9) are denied. Signed by Judge Sheri Polster Chappell on 2023-11-27. (BGS) <
Judge Sheri Polster Chappell
11/27/2023Buena Vista of Deep Creek Condominium Association, Inc. v. Clear Blue Specialty Insurance Company
2:23-cv-00957-SPC-KCD		 ORDER granting [13] Joint Stipulation for Appraisal and Stay of the Case, and the appraisal panel must itemize the awarded damages by coverage, to be accompanied by a supporting estimate. This case is STAYED pending appraisal, and the Clerk must
Judge Sheri Polster Chappell
11/27/2023Boatman v. Carner et al
2:23-cv-00204-SPC-KCD		 OPINION AND ORDER. Plaintiff Rayvon Boatman's Second Amended Complaint [34] is DISMISSED without prejudice. The Clerk is directed to terminate any pending motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri P
Judge Sheri Polster Chappell
11/22/2023Blow v. The Sun
2:23-cv-01047-SPC-NPM		 OPINION AND ORDER. Plaintiff James Anthony Blow, III's Complaint [1] is DISMISSED with prejudice. The Clerk is directed to terminate any pending deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 11/
Judge Sheri Polster Chappell
11/22/2023Mont Claire at Pelican Marsh Condominium Association, Inc. v. Empire Indemnity Insurance Company
2:19-cv-00601-SPC-KCD		ORDERED: Plaintiff's Motion for Confirmation of Appraisal Award and Summary Judgment (Doc. [119]) is GRANTED. Defendant's Motion for Partial Summary Judgment (Doc. [120]) is DENIED. The Clerk is DIRECTED to enter Judgment for Plaintif
Judge Sheri Polster Chappell
11/21/2023USA v. Molina
2:20-cr-00134-SPC-NPM		ORDERED: The United States's Preliminary Motion for Reduction of Sentence (Doc. [349]) and Motion for Reduced Sentence based on Substantial Assistance (Doc. [353]) are GRANTED. The Clerk is DIRECTED to enter a modified judgment reducing the
AMENDED JUDGMENT as to Destiny Molina, Count 1, Imprisonment: 36-MONTHS; Supervised Release: 36-MONTHS; Special Assessments: $100; Forfeiture order included in judgment; remand to the custody of the United States Marshal. Count 5, Dismissed
Judge Sheri Polster Chappell
11/20/2023Partners Insight, LLC et al v. Gill et al
2:22-cv-00739-SPC-KCD		CONFIDENTIALITY ORDER. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2023-11-20. (CGW)
Judge Sheri Polster Chappell
11/17/2023USA v. Diggs
2:23-cr-00106-SPC-KCD		 ORDER granting the United States' Motion for Preliminary Order of Forfeiture as to Jimmy Derrick Diggs (Doc. [19]). Signed by Judge Sheri Polster Chappell on 2023-11-17. (AEH)
Judge Sheri Polster Chappell
11/17/2023Mercola v. The New York Times Company
2:23-cv-00545-SPC-KCD		 ORDER GRANTING Oral Joint Motion for Entry of a 502(d) Order. See Order for further details. Signed by Magistrate Judge Kyle C. Dudek on 2023-11-17. (CGW)
Judge Sheri Polster Chappell
11/17/2023Graves v. Great Lakes Insurance SE
2:23-cv-00373-SPC-KCD		ORDERED: Defendant Great Lakes Insurance SE's Motion to Dismiss (Doc. [19]) is DENIED. Defendant has until on or before December 1, 2023, to answer the Complaint. Signed by Judge Sheri Polster Chappell on 2023-11-17. (AEH)
Judge Sheri Polster Chappell
11/17/2023Graziano v. Eagle Creek of Naples Condominium Assoc., Inc. et al
2:22-cv-00034-SPC-KCD		 ORDER granting in part and denying in part [142] Schelling's Motion to Dismiss as Sanctions for Plaintiff's Failure to Comply with this Court's Order. Within fourteen days of this order, the parties must meet and confer about the
Judge Sheri Polster Chappell
11/16/2023Inseco, Inc. v. US Duralast, Inc. et al
2:23-cv-00550-SPC-NPM		ORDERED: Plaintiff Inseco, Inc.'s Verified Motion for Preliminary Injunction (Doc. [32]) is DENIED as moot because of the parties entering the Joint Stipulation for Entry of Order for Preliminary Relief (Doc. [36]; Doc. [36-1]). The Joint Sti
Judge Sheri Polster Chappell
11/16/2023Walker v. Snider (Lee County)
2:19-cv-00190-SPC-NPM		 OPINION AND ORDER re: [60] MOTION for Relief from Judgment, [61] MOTION to Set Aside Judgment. Petitioner Torrey Walker's motions for relief from judgment (Docs. 60 and 61) are DENIED. Signed by Judge Sheri Polster Chappell on 2023-11-16
Judge Sheri Polster Chappell
11/15/2023Elite-Weiler Pools, Inc. v. Arch Insurance Company et al
2:23-cv-01022-SPC-NPM		ORDERED: The Complaint (Doc. [1]) is DISMISSED without prejudice. Plaintiff Elite-Weiler Pools, Inc. may file an amended complaint on or before November 28, 2023. Failure to do so may result in the Court closing this action without further noti
Judge Sheri Polster Chappell
11/15/2023Florida Gas Transmission Company, LLC v. +/- 1.211 Acres of Land in Charlotte County, Florida et al
2:23-cv-00612-SPC-NPM		 ORDER referring the agreed motions (Doc. [8]; Doc. [9]) to United States Magistrate Judge Nicholas P. Mizell for a final order. Signed by Judge Sheri Polster Chappell on 2023-11-15. (CMC)
Judge Sheri Polster Chappell
11/15/2023Bowden v. Snider et al
2:22-cv-00671-SPC-KCD		 OPINION AND ORDER re: [48] MOTION to Dismiss Second Amended Complaint and Memorandum of Law. Defendants' Motion to Dismiss Second Amended Complaint (Doc. 48) is GRANTED in part and DENIED in part. Bowden's due-process claim a
Judge Sheri Polster Chappell
11/14/2023Jackson v. Florida Civil Commitment Center et al
2:23-cv-00959-SPC-NPM		 OPINION AND ORDER. Plaintiff James Ira Jackson's Complaint [1] is DISMISSED without prejudice. Jackson may file an amended complaint by December 4, 2023. Otherwise, the Court will close this case without further notice. Signed by Judge S
Judge Sheri Polster Chappell
11/14/2023USA v. Barnes
2:22-cr-00118-SPC-NPM		 JUDGMENT as to Steven Dewayne Barnes, Jr., Counts 1 and 2, Imprisonment: 121-MONTHS, such term consists of 121 months as to Count One and 60 months as to Count 2, counts shall run concurrently; Supervised Release: 36 months, such term consists o
Judge Sheri Polster Chappell
11/09/2023Rosa v. Steele
2:23-cv-00451-SPC-NPM		 OPINION AND ORDER re: [12] MOTION for Reconsideration re [11] Opinion and order. Rosa's Motion for Reconsideration (Doc. 12) is DENIED. Signed by Judge Sheri Polster Chappell on 11/9/2023. (BGS)
Judge Sheri Polster Chappell
11/08/2023Tower Hill Signature Insurance Company et al v. Rheem Manufacturing Company et al
2:23-cv-00861-SPC-NPM		 ORDER granting [18] Plaintiff Tower Hill Signature Insurance Company's Counter-Motion for Leave to Amend and denying as moot [13] Defendant Backer Alpe's Motion to Dismiss Counts Three and Four of Plaintiff's First Amended Complain
Judge Sheri Polster Chappell
11/08/2023Horowitz v. Emerald Nutraceuticals, LLC. et al
2:23-cv-00696-SPC-NPM		OPINION and ORDER. The Complaint [1] is DISMISSED without prejudice as a shotgun pleading and for lack of subject matter jurisdiction. Plaintiff may file an amended complaint consistent with this Opinion and Order on or before November 29, 2023.
Judge Sheri Polster Chappell
11/08/2023Saito v. Moffett et al
2:23-cv-00513-SPC-NPM		 ORDER denying [44] Plaintiff Koichi Saito's Objections and Demands for Reconsideration. Signed by Judge Sheri Polster Chappell on 11/8/2023. (LMF)
Judge Sheri Polster Chappell
11/08/2023Saito et al v. Lewis et al
2:23-cv-00266-SPC-KCD		 ORDER denying [89] Plaintiffs Koichi and Lynne's Saito's Objections and Demand for Reconsideration and Notice of Claim. Signed by Judge Sheri Polster Chappell on 11/8/2023. (LMF)
Judge Sheri Polster Chappell
11/07/2023Friendly Market Inc. et al v. Century Surety Company
2:23-cv-00989-SPC-NPM		 ORDER re [1] Notice of Removal filed by Century Surety Company. Defendant must SUPPLEMENT its Notice of Removal on or before November 13, 2023, to show cause why this case should not be remanded lacking subject-matter jurisdiction. Failure to f
Judge Sheri Polster Chappell
11/07/2023Gayatri Properties LLC v. Westchester Surplus Lines Insurance Company
2:23-cv-00961-SPC-NPM		 ORDER re [1] Notice of Removal filed by Westchester Surplus Lines Insurance Company. Defendant Westchester Surplus Lines Insurance Company must SUPPLEMENT its Notice of Removal [1] on or before November 16, 2023, to show cause why this case sho
Judge Sheri Polster Chappell
11/07/2023Viet Village, LLC v. Atain Specialty Insurance Company
2:23-cv-00896-SPC-NPM		VACATED, per endorsed order [21] ORDER. This case is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida for lack of subject matter jurisdiction. The Clerk is DIRECTED to send a certified copy of this Or
Judge Sheri Polster Chappell
11/07/2023Mercola v. The New York Times Company
2:23-cv-00545-SPC-KCD		 ORDER denying [31] Motion to Stay Discovery. Signed by Magistrate Judge Kyle C. Dudek on 11/7/2023. (CGW)
Judge Sheri Polster Chappell
11/07/2023USA v. Brillhart
2:22-cr-00053-SPC-NPM		 ORDER granting [118] the Government's Motion in Limine Regarding Admissibility of Trade Inscriptions. Signed by Judge Sheri Polster Chappell on 11/7/2023. (LMF)
Judge Sheri Polster Chappell
11/03/2023Campbell v. Secretary, Department of Corrections (Lee County)
2:23-cv-00973-SPC-KCD		 OPINION AND ORDER. Remoi Campbells' Petition [1] is DISMISSED without prejudice. The Clerk is DIRECTED to terminate any motions and deadlines, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 11/3/2023. (BGS)
Judge Sheri Polster Chappell
11/03/2023USA v. Ortiz
2:22-cr-00040-SPC-KCD		ORDERED: Jennifer Capuano, Intake Clinician, from the David Lawrence Center, is AUTHORIZED to perform an evaluation of the defendant on November 7, 2023 at 1:00pm at the Charlotte County Jail. Signed by Judge Sheri Polster Chappell on 11/3/2023.
AMENDED ORDER AUTHORIZING EVALUATION. ORDERED: An Intake Clinician from the David Lawrence Center is AUTHORIZED to perform a virtual evaluation of Defendant Christopher Ortiz on November 7, 2023 at 1:00pm from the Charlotte County Jail. Signed by
Judge Sheri Polster Chappell
11/02/2023Lane et al v. Security National Mortgage Company et al
2:22-cv-00565-SPC-NPM		ORDERED: The parties' Joint Stipulation of Dismissal with Prejudice (Doc. [45]) is DENIED. Signed by Judge Sheri Polster Chappell on 11/2/2023. (AEH)
Judge Sheri Polster Chappell
11/01/2023Zambrano v. Walmart Stores East, LP.
2:23-cv-00745-SPC-NPM		ORDERED: Plaintiff Norma Zambrano's Motion for Remand (Doc. [16]) is DENIED. Signed by Judge Sheri Polster Chappell on 11/1/2023. (AEH)
Judge Sheri Polster Chappell
11/01/2023Harris v. Cotte et al
2:21-cv-00646-SPC-NPM		 OPINION AND ORDER. Plaintiff Richard Harris's claim against Dr. Gilbert Noe is DISMISSED. The Clerk is DIRECTED to terminate Noe as a party to this case. Signed by Judge Sheri Polster Chappell on 11/1/2023. (BGS)
Judge Sheri Polster Chappell
11/01/2023Sierra Club et al v. U.S. Fish and Wildlife Service et al
2:20-cv-00013-SPC-NPM		ORDERED: Plaintiffs' Unopposed Motion for Judicial Notice (Doc. [137]) is GRANTED.Plaintiffs' Request for Oral Argument (Doc. [122]) is DENIED. Plaintiffs' Motion for Summary Judgment (Doc. [121]) is DENIED. Defendants' Motio
Judge Sheri Polster Chappell
10/30/2023Dero Roofing, LLC v. Triton, Inc
2:21-cv-00688-SPC-KCD		 ORDER granting [127] Motion to Strike Expert Report and Exclude Opinions and Testimony of Mr. Rodney Flynn; Flynn's report and expert testimony are stricken and excluded from any further consideration. Signed by Magistrate Judge Kyle C. Du
Judge Sheri Polster Chappell
10/27/2023Westchester Surplus Lines Insurance Company v. Jadestation Holdings, LLC
2:23-cv-00927-SPC-NPM		ORDERED: The Complaint for Declaratory Judgment (Doc. [1]) is DISMISSED without prejudice. Plaintiff Westchester Surplus Lines Insurance Company may file an amended complaint on or before November 3, 2023. Failure to do so may result in the Cour
Judge Sheri Polster Chappell
10/27/2023Ninth Amendment Party Association et al v. Rambosk et al
2:23-cv-00830-SPC-NPM		ORDERED: Plaintiff Esquibel's Amended Complaint (Doc. [4]) is DISMISSED without prejudice. Plaintiff may file an amended complaint on or before November 15, 2023. Failure to file an amended complaint will result in the Court closing this ca
Judge Sheri Polster Chappell
10/27/2023Gulfshore Life Media, LLC v. Adams et al
2:22-cv-00780-SPC-KCD		ORDERED: The parties' Joint Motion for Entry of Stipulated Permanent Injunction (Doc. [25]) is GRANTED. See order for additional court directives pertaining to the injunction. Signed by Judge Sheri Polster Chappell on 2023-10-27. (AEH)
Judge Sheri Polster Chappell
10/26/2023Bernstein et al v. Clear Blue Speciality Insurance Company
2:23-cv-00902-SPC-KCD		ORDERED: This action is REMANDED to the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Twentieth Judicial Circuit in and for Lee County, Florida. Th
Judge Sheri Polster Chappell