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

03/21/2019Hastings v. Rosenberg
2:18-cv-00510-SPC-UAM
ORDER granting [14] Plaintiff's Motion for Reconsideration. After reconsidering the matter and the newly submitted evidence, Plaintiff's claim remains precluded by the statute of limitations. Therefore, the Clerk is directed to enter j
Judge Sheri Polster Chappell
03/21/2019West v. Secretary, DOC et al
2:16-cv-00694-SPC-UAM
OPINION AND ORDER denying as moot re: [150] MOTION to dismiss for failure to state a claim, denying as moot [98] MOTION to Dismiss Amended Complaint (Document [21]), denying as moot [151] MOTION to dismiss for failure to state a c
Judge Sheri Polster Chappell
03/20/2019Perez v. Secretary, DOC et al (Lee County)
2:15-cv-00742-SPC-MRM
OPINION AND ORDER denying re: [1] Petition for writ of habeas corpus and this case is dismissed with prejudice. Petitioner is denied a certificate of appealability and denied in forma pauperis status on appeal. The Clerk of Court is directed t
Judge Sheri Polster Chappell
03/12/2019Edison v. Secretary, DOC et al (Lee County)
2:18-cv-00661-SPC-MRM
OPINION AND ORDER denying as moot re: [20] MOTION to Strike [8] Amended petition for writ of habeas corpus MOTION to Dismiss petition under 28 U.S.C. 2254, denying as moot [21] MOTION to Strike [8] Amended petition for writ of habeas corp
Judge Sheri Polster Chappell
03/11/2019Jones v. Bank of America
2:18-cv-00649-SPC-UAM
ORDER denying [46] Plaintiff Donald Jones' Motion to Put Judge Chappell Order Under Scrutiny. Signed by Judge Sheri Polster Chappell on 3/11/2019. (LMF)
Judge Sheri Polster Chappell
03/11/2019Patterson v. Wood et al
2:18-cv-00188-SPC-UAM
ORDER dismissing case re [1] Complaint. The Complaint (Doc. [1]) in the above-captioned case is DISMISSED without prejudice for failure to prosecute and failure to serve. The Clerk is DIRECTED to enter judgment, terminate all pending motions and
Judge Sheri Polster Chappell
03/11/2019Hastings v. City Fort Myers et al
2:17-cv-00507-SPC-UAM
OPINION AND ORDER granting re: [41] Amended MOTION to Dismiss Plaintiff's Complaint. Plaintiff's Complaint against Eads, Destephanis and Trask is dismissed without prejudice. Plaintiff has fourteen days from the date of this Order t
Judge Sheri Polster Chappell
03/08/2019USA v. Aguilar-Vasquez
2:18-cr-00195-SPC-UAM
ORDER re Sentencing set for 5/20/2019 at 11:00 AM as to Wilmer Arnaldo Aguilar-Vasquez. Signed by Judge Sheri Polster Chappell on 3/8/2019. (LMF)
Judge Sheri Polster Chappell
03/08/2019McClain v. Secretary, DOC et al
2:15-cv-00594-SPC-UAM
OPINION AND ORDER denying as moot re: [65] MOTION to Compel Plantiff to Respond to Discovery. The Court by separate order will enter a discovery schedule. Granting [59] MOTION to dismiss for failure to state a claim terminating MOTION to
Judge Sheri Polster Chappell
03/07/2019NIGHT OWL SP, LLC v. DONGGUAN AUHUA ELECTRONICS CO., LTD. et al
2:19-cv-00109-SPC-UAM
ORDER denying in part [15] Plaintiff Night Owl SP, LLC's Renewed Motion for Temporary Restraining Order and Preliminary Injunction and Declaration and Written Certification of Lida Rodriguez-Taseff Pursuant to Rule 65(b)(1)(B) of the Federa
Judge Sheri Polster Chappell
03/07/2019USA v. Moss
2:18-cr-00189-SPC-UAM
ORDER granting [38] Motion for Forfeiture of Property as to Christopher M. Moss (1). Signed by Judge Sheri Polster Chappell on 3/7/2019. (LMF)
Judge Sheri Polster Chappell
03/07/2019Lee Memorial Health System v. Lexington Insurance Company et al
2:18-cv-00617-SPC-UAM
ORDER denying [42] Defendant Lexington's Motion to Consolidate. Signed by Judge Sheri Polster Chappell on 3/7/2019. (LMF)
Judge Sheri Polster Chappell
03/07/2019USA v. Bennett
2:18-cr-00092-SPC-MRM
JUDGMENT as to Jordan M. Bennett (2), Count(s) 2, Dismissed; Count(s) 6, Probation: 60 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 3/7/2019. (LMF)
Judge Sheri Polster Chappell
03/07/2019Allied World Assurance Company v. Lee Memorial Health System et al
2:18-cv-00158-SPC-UAM
ORDER denying [66] Lexington Insurance Company's Motion to Intervene for the Purpose of Moving to Stay Summary Judgment Ruling Pending Discovery. Signed by Judge Sheri Polster Chappell on 3/7/2019. (LMF)
Judge Sheri Polster Chappell
03/07/2019Cruz v. Florida Attorney General et al (Hendry County)
2:16-cv-00049-SPC-UAM
OPINION AND ORDER denying re: [1] Petition for writ of habeas corpus. Petitioner is not entitled to a certificate of appealability. The Clerk of Court is directed to enter judgment, terminate all pending motions, and close this file. Signed by
Judge Sheri Polster Chappell
03/06/2019Colvistec AG v. Equitech Int'l Corp et al
2:18-cv-00783-SPC-UAM
ORDER denying [25] Plaintiff Colvistec AG's Motion for Default Judgment & to Require Completion of a Fact Information Sheet against Defendant MIP Technology Corporation and Unopposed Motion for Default Final Judgment & to Require Completion
Judge Sheri Polster Chappell
03/06/2019USA v. Moss
2:18-cr-00189-SPC-UAM
ORDER re Sentencing set for June 10, 2019 at 1:30 PM as to Christopher M. Moss. Signed by Judge Sheri Polster Chappell on 3/6/2019. (LMF)
Judge Sheri Polster Chappell
03/06/2019USA v. Diego-Sebastian
2:18-cr-00175-SPC-UAM
JUDGMENT as to Pascual Diego-Sebastian (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 3/6/2019. (LMF)
Judge Sheri Polster Chappell
03/06/2019USA v. Roberts
2:18-cr-00170-SPC-UAM
JUDGMENT as to Brandon Joseph Roberts (1), Count(s) 1, Imprisonment: 12 months, consecutive to term imposed in 2:15-cr-17-FtM-38MRM; Supervised Release: 36 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 3/6/
Judge Sheri Polster Chappell
03/06/2019United States of America et al v. Lee Memorial Health System
2:14-cv-00437-SPC-UAM
ORDER granting [86] Lee Health's Motion to Dismiss; denying as moot [87] Lee Health's Objections to the Order Denying the Motion to Stay Discovery pending resolution of this Motion to Dismiss; denying as moot [115] Lee Health's M
Judge Sheri Polster Chappell
03/05/2019Gagnon v. Cantos et al
2:19-cv-00048-SPC-UAM
ORDER.The above-captioned case is DISMISSED for lack of subject matter jurisdiction and REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk of Court is DIRECTED to transmit a certified copy of
Judge Sheri Polster Chappell
03/04/2019NIGHT OWL SP, LLC v. DONGGUAN AUHUA ELECTRONICS CO., LTD. et al
2:19-cv-00109-SPC-UAM
ORDER denying without prejudice [6] Plaintiff Night Owl SP, LLC's Ex Parte Motion for Temporary Restraining Order and Preliminary Injunction. Signed by Judge Sheri Polster Chappell on 3/4/2019. (LMF)
Judge Sheri Polster Chappell
03/04/2019Miller v. Pentelecuc et al
2:18-cv-00720-SPC-MRM
ORDER granting in part and denying in part [29] The parties Joint Motion for Dismissal with Prejudice. The case is DISMISSED without prejudice subject to the right of any party, within thirty (30) days from the date of this Order, April 3, 2019,
Judge Sheri Polster Chappell
03/04/2019USA v. McCuster
2:18-cr-00181-SPC-UAM
ORDER granting [40] Motion for Forfeiture of Property as to Adrian Alejandro McCuster (1). Signed by Judge Sheri Polster Chappell on 3/4/2019. (LMF)
Judge Sheri Polster Chappell
03/04/2019Linstol USA, LLC v. Midway Advanced Products, LLC
2:18-cv-00669-SPC-UAM
ORDER denying [20] Plaintiff Linstol USA, LLC's Motion for Entry of Default Final Judgment. Plaintiff is DIRECTED to inform the Court on or before March 11, 2019, as to how it would like to proceed. Failure to do so will result in the Cour
Judge Sheri Polster Chappell
03/04/2019Mutka v. Top Hat Imports, LLC
2:18-cv-00539-SPC-MRM
ORDER adopting [34] REPORT AND RECOMMENDATIONS re [25] MOTION to compel arbitration MOTION to stay Judicial Proceedings With Incorporated Memorandum of Law filed by Top Hat Imports, LLC. The Report and Recommendation (Do
Judge Sheri Polster Chappell
03/04/2019USA v. Pena
2:18-cr-00092-SPC-MRM
ORDER granting [95] Motion for Forfeiture of Property as to Hector E. Pena (1). Signed by Judge Sheri Polster Chappell on 3/4/2019. (LMF)
Judge Sheri Polster Chappell
03/04/2019USA v. Dustin
2:18-cr-00087-SPC-MRM
ORDER granting [50] Motion for Forfeiture of Property as to Hollie D. Dustin (1). Signed by Judge Sheri Polster Chappell on 3/4/2019. (LMF)
Judge Sheri Polster Chappell
03/04/2019Miller et al v. The City of Fort Myers et al
2:18-cv-00195-SPC-UAM
ORDER granting in part [54] the Joint Motion to Extend Certain Deadlines in the Amended Case Management and Scheduling Order. Plaintiffs shall have up to and including May 7, 2019 to move for class certification. Defendants' response is due
Judge Sheri Polster Chappell
03/01/2019USA v. Dallemand
2:17-cr-00084-SPC-UAM
JUDGMENT as to Romain Dallemand (1), Count(s) 1, Imprisonment: 8 months; Supervised Release: 12 months; Special Assessment: $100.00; Restitution: $272,164.00. Signed by Judge Sheri Polster Chappell on 3/1/2019. (LMF)
Judge Sheri Polster Chappell
02/28/2019Edison v. Secretary, DOC et al (Lee County)
2:18-cv-00661-SPC-MRM
OPINION AND ORDER dismissing the Amended Petition (Doc. [8]) without prejudice re: [8] Amended petition for writ of habeas corpus. Clerk shall terminate any pending motions and deadlines and close this case. Signed by Judge Sheri Polster Chap
Judge Sheri Polster Chappell
02/27/2019USA v. Ramirez-Cruz
2:18-cr-00206-SPC-MRM
ORDER denying [17] Defendant Gustavo Ramirez-Cruz's Motion to Dismiss Indictment. Defendant remains set for a status conference before the undersigned on March 11, 2019. Signed by Judge Sheri Polster Chappell on 2/27/2019. (LMF)
Judge Sheri Polster Chappell
02/27/2019Godfrey A. Rockefeller, Jr.
2:18-cv-00591-SPC-MRM
ORDER granting [27] Petitioner Godfrey A. Rockefeller, Jr.'s Motion for Default Judgment Against Non Filing Claimants. The Clerk is DIRECTED to enter default judgment in favor of Godfrey A. Rockefeller, Jr., as owner of the M/Y Spirit, a 20
Judge Sheri Polster Chappell
02/27/2019USA v. Shutt
2:17-cr-00083-SPC-MRM
AMENDED ORDER re Unopposed Motion to Obtain Copies of Documents, Exhibits, and Docket Entries [170] as to Dillon Shutt. Signed by Judge Sheri Polster Chappell on 2/27/2019. (LMF)
Judge Sheri Polster Chappell
02/27/2019USA v. Kalmar
2:17-cr-00010-SPC-CM
ORDER granting [179] Motion for Forfeiture of Property as to Attila Kalmar (1). Signed by Judge Sheri Polster Chappell on 2/27/2019. (LMF)
Judge Sheri Polster Chappell
02/26/2019USA v. Almaraz-Rafael
2:18-cr-00177-SPC-MRM
JUDGMENT as to Leonardo Almaraz-Rafael (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 2/26/2019. (LMF)
Judge Sheri Polster Chappell
02/26/2019Pruco Life Insurance Company v. Federici et al
2:18-cv-00546-SPC-MRM
ORDER re [63] Stipulation of Dismissal filed by Pruco Life Insurance Company. The parties' Joint Motion to Dismiss [63] is GRANTED. Pruco is DISMISSED from this action with prejudice. The Clerk is DIRECTED to disperse funds amounting t
Judge Sheri Polster Chappell
02/26/2019USA v. Sanchez
2:17-cr-00136-SPC-MRM
ORDER as to Romeo Valentin Sanchez. Defendant Romeo Valentin Sanchez's oral Rule 29 motion is DENIED. Signed by Judge Sheri Polster Chappell on 2/26/2019. (LMF)
Judge Sheri Polster Chappell
02/26/2019Encarnacion v. Financial Corporation of America
2:17-cv-00566-SPC-UAM
ORDER granting [52] FCOA's Motion for Summary Judgment. Encarnacion's Motion for Summary Judgment [53] is DENIED. The Clerk is DIRECTED to enter judgment for FCOA, terminate all remaining motions and deadlines, and close the file. Sig
Judge Sheri Polster Chappell
02/25/2019Jones v. Bank of America
2:18-cv-00649-SPC-UAM
ORDER denying without prejudice [44] Plaintiff Donald Jones' Motion to Judge Chappell Objection to Magistrate Judge Carol Mirando's Malicious Order. Signed by Judge Sheri Polster Chappell on 2/25/2019. (LMF)
Judge Sheri Polster Chappell
02/25/2019USA v. Shutt
2:17-cr-00083-SPC-MRM
ORDER granting [170] the Unopposed Motion to Obtain Copies of Documents, Exhibits, and Docket Entries. Specifically, the Court permits the release of documents: Docs. 17, 18, 21, 25, 33 (sealed attachments/exhibits 1 through 14), 66 (sealed), 70
Judge Sheri Polster Chappell
02/25/2019Methelus et al v. The School Board Of Collier County, Florida et al
2:16-cv-00379-SPC-MRM
ORDER granting in part and denying in part [228] Defendants School Board of Collier County, Florida and Kamela Patton's Motion to Dismiss to the extent stated above. The Third Amended Complaint (Doc. [221]) is dismissed without prejudice. P
Judge Sheri Polster Chappell
02/22/2019USA v. Jackson
2:18-cr-00179-SPC-UAM
ORDER re Sentencing set for 5/20/2019 at 9:30 AM as to Tranorris Jackson. Signed by Judge Sheri Polster Chappell on 2/22/2019. (LMF)
Judge Sheri Polster Chappell
02/22/2019USA v. Frey
2:18-cr-00071-SPC-UAM
Amended JUDGMENT as to Michael Frey (1), Count(s) 1, 2, Imprisonment: 18 months; Supervised Release: 36 months; Special Assessment: $200.00; Restitution: $472,112.88; Forfeiture: $472,112.88; Fine: $15,000.00. Signed by Judge
Judge Sheri Polster Chappell
02/22/2019USA v. Garcia
2:18-cr-00068-SPC-MRM
ORDER as to Juan Carlos Alfaro Garcia re [63] First MOTION for Order of Competency filed by Juan Carlos Alfaro Garcia. The Government's request for Defendant Juan Carlos Alfaro Garcia to be evaluated under 18 U.S.C. § 4241(b
Judge Sheri Polster Chappell
02/21/2019Stolinas v. Palmer
2:18-cv-00702-SPC-MRM
ORDER adopting [23] REPORT AND RECOMMENDATIONS re [15] MOTION to Strike (partially unopposed) filed by Walter Palmer. U.S. Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. [23]) is ACCEPTED and ADOPTED. Defend
Judge Sheri Polster Chappell
02/21/2019Oyola v. Rigdow et al
2:18-cv-00689-SPC-MRM
OPINION AND ORDER denying construed motion re: [4] MOTION for miscellaneous relief, specifically for standard of review and U.S.D.C. to merge Supreme Court of Florida open of new case - criminal case and investigation of case no. SC and attache
Judge Sheri Polster Chappell
02/20/2019Collier v. Wright National Flood Insurance Company
2:19-cv-00049-SPC-MRM
ORDER denying as moot [7] Defendant Wright National Flood Insurance Company's Motion to Dismiss Plaintiff's Florida Law Claims and Incorporated Memorandum of Law. Signed by Judge Sheri Polster Chappell on 2/20/2019. (LMF)
Judge Sheri Polster Chappell
02/20/2019Hastings v. Rosenberg
2:18-cv-00510-SPC-UAM
ORDER re [12] Amended Complaint filed by David S. Hastings. Plaintiff's Second Amended Complaint (Doc. [12]) is dismissed without prejudice to filing a Third Amended Complaint by March 20, 2019. Failure to file a Third Amended Complaint i
Judge Sheri Polster Chappell
02/20/2019Coral Reef Metro, LLC v. Scottsdale Insurance Company
2:18-cv-00460-SPC-UAM
ORDER adopting [33] REPORT AND RECOMMENDATIONS re [22] MOTION to Compel Appraisal and to Stay Proceedings filed by Coral Reef Metro, LLC. U.S. Magistrate Judge Douglas N. Frazier's Report and Recommendation (Doc. [33]) is
Judge Sheri Polster Chappell
02/19/2019Lee, Jr. et al v. American Equity Investment Life Insurance Company et al.
2:18-cv-00648-SPC-MRM
ORDER. The Clerk is DIRECTED to dismiss this case without prejudice for lack of subject matter jurisdiction, terminate all deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 2/19/2019. (LMF)
Judge Sheri Polster Chappell
02/19/2019USA v. Piper
2:17-cr-00060-SPC-MRM
ORDER granting [103] the Unopposed Motion to Obtain Copies of Documents, Exhibits, and Docket Entries. Specifically, the Court permits the release of documents 15, 20, 21, S-29, 43, 44, 45, 53, 54, 55, S-57, S-58, S-59, S-60, 78, 80, 81, 84, 90,
Judge Sheri Polster Chappell
02/15/2019USA v. Frey
2:18-cr-00071-SPC-UAM
JUDGMENT as to Michael Frey (1), Count(s) 1-2, Imprisonment: 18 months; Supervised Release: 36 months; Special Assessment: $200.00; Restitution: $472,112.88; Forfeiture: $472,112.88; Fine: $15,000.00. Signed by Judge Sheri Po
Judge Sheri Polster Chappell
02/15/2019USA v. Sanchez
2:17-cr-00136-SPC-MRM
ORDER granting in part and denying in part [83] Defendant Romeo Valentin Sanchez's Renewed Motion to Exclude Proposed Extrinsic Evidence and Motion in Limine [106] and his Motion for Severance [84] is DENIED. Signed by Judge Sheri Polster C
Judge Sheri Polster Chappell
02/14/2019Gagnon v. Cantos et al
2:19-cv-00048-SPC-UAM
ORDER. Defendants Marcus Cantos Reptiles, LLC d/b/a The Turtle Source and Marcus Cantos must SUPPLEMENT the Notice of Removal as set forth in this Order on or before February 27, 2019, to show cause why this case should not be remanded for lack o
Judge Sheri Polster Chappell
02/14/2019Mid-Continent Casualty Company v. G.R. Construction Management, Inc. et al
2:18-cv-00688-SPC-UAM
ORDER granting [13] Plaintiff's Application for Clerk's Default Against G.R. Construction Management, Inc. The Clerk is directed to enter a Clerk's Default against Defendant G.R. Construction Management, Inc. Signed by Magistrate J
Judge Sheri Polster Chappell
02/14/2019Mutka v. Top Hat Imports, LLC
2:18-cv-00539-SPC-MRM
REPORT AND RECOMMENDATION recommending [25] Motion to Compel Arbitration and Stay Case be granted. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 2/14/2019. (brh)
Judge Sheri Polster Chappell
02/14/2019Read v. United States of America
2:17-cv-00322-SPC-MRM
OPINION and ORDER Pursuant to Limited Remand. Petitioner Michael Eugene Read's Certificate of Appealability and Leave to Appeal In Forma Pauperis are DENIED. The Clerk is DIRECTED to send a copy of this Opinion and Order to the Clerk's
Judge Sheri Polster Chappell
02/13/2019Moretta v. Prummel et al
2:18-cv-00690-SPC-UAM
ORDER denying as moot [15] motion to dismiss; denying as moot [17] motion to dismiss. Defendants shall respond to the Amended Complaint on or before February 26, 2019. Signed by Judge Sheri Polster Chappell on 2/13/2019. (LMF)
Judge Sheri Polster Chappell
02/13/2019USA v. Alejandro-Castillo
2:18-cr-00151-SPC-MRM
JUDGMENT as to Raul Alejandro-Castillo (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 2/13/2019. (LMF)
Judge Sheri Polster Chappell
02/13/2019Calvo v. Summit Broadband Inc., et al
2:16-cv-00746-SPC-MRM
ORDER denying [111] the Joint Motion to Forego Mediation. The parties are ORDERED to complete mediation by March 15, 2019. Signed by Judge Sheri Polster Chappell on 2/13/2019. (LMF)
Judge Sheri Polster Chappell
02/12/2019USA v. Lane
2:18-cr-00193-SPC-MRM
ORDER denying as moot [29] Motion to Suppress Statements as to Ca'Voisier Alize Lane (1). See Order for details. Signed by Judge Sheri Polster Chappell on 2/12/2019. (LMF)
Judge Sheri Polster Chappell
02/11/2019Topa v. Kerbs et al
2:18-cv-00475-SPC-MRM
ORDER granting [35] Defendants' Motion to Dismiss. Topa's SAC (Doc. [27]) is DISMISSED WITH PREJUDICE. The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate any pending motions or deadlines, and close the file. S
Judge Sheri Polster Chappell
02/08/2019USA v. McCuster
2:18-cr-00181-SPC-UAM
ORDER re Sentencing set for May 6, 2019 at 10:30 AM as to Adrian Alejandro McCuster. Signed by Judge Sheri Polster Chappell on 2/8/2019. (LMF)
Judge Sheri Polster Chappell
02/08/2019Gil v. Gulf Coast Commercial Corporation
2:18-cv-00284-SPC-UAM
ORDER granting [19] Plaintiff's Second Unopposed Motion to Extend the Deadline for Mediation. The parties shall have up to and including April 8, 2019 to complete mediation. By April 22, 2019, the parties must jointly file a status report ad
Judge Sheri Polster Chappell
02/07/2019IN RE: USE OF ELECTRONIC EQUIPMENT IN FORT MYERS COURTHOUSE
2:19-mc-00002-SPC
ORDER In Re: Use of Electronic Equipment In the United States Courthouse and Federal Building (Fort Myers, FL) for Merit Selection Panel. Signed by Judge Sheri Polster Chappell on 2/7/2019. (LMF)
Judge Sheri Polster Chappell
02/07/2019Pruco Life Insurance Company v. Federici et al
2:18-cv-00546-SPC-MRM
ORDER re [63] Stipulation of Dismissal filed by Pruco Life Insurance Company. Federici shall SHOW CAUSE in writing by February 15, 2019, why Pruco should not be dismissed with prejudice and awarded $10,000.00 in attorney's fees. Fa
Judge Sheri Polster Chappell
02/07/2019Gibbs v. MLK Express Services, LLC et al
2:18-cv-00434-SPC-MRM
ORDER denying [39] motion to dismiss; denying [41] Motion to Dismiss for Failure to State a Claim; denying [73] motion to dismiss. Signed by Judge Sheri Polster Chappell on 2/7/2019. (LMF)
Judge Sheri Polster Chappell
02/07/2019Clewiston Commons LLC et al v. City of Clewiston
2:18-cv-00339-SPC-MRM
ORDER denying [46] Clewiston Commons, LLC's Amended Motion for Preliminary Injunction. Signed by Judge Sheri Polster Chappell on 2/7/2019. (LMF)
Judge Sheri Polster Chappell
02/07/2019In Re: Thomas S. Krum
2:15-cv-00513-SPC-UAM
ORDER dismissing case re [45] Stipulation of Dismissal. Diversified Yacht Service, Inc.'s Claim (Doc. [17]) is DISMISSED with prejudice.The Court retains jurisdiction to hear a motion on the release of funds from the registry of the Court.
Judge Sheri Polster Chappell
02/06/2019Robinson et al v. National Credit Systems, Inc. et al
2:17-cv-00386-SPC-CM
ORDER adopting [97] REPORT AND RECOMMENDATIONS re [79] MOTION for Attorney Fees and Costs filed by Diandra Decrescenzo, Deshawn Robinson. The Report and Recommendation (Doc. [97]) is ACCEPTED and ADOPTED and incorporated into this
Judge Sheri Polster Chappell
02/05/2019USA v. Neri-Lopez
2:18-cr-00168-SPC-UAM
JUDGMENT as to Lucero Neri-Lopez (1), Count(s) 1-4, Imprisonment: 32 months as to each count to run concurrent as to Counts 1-4; Supervised Release: 36 months as to each count to run concurrent as to Counts 1-4; Special Assessment: $400.00.
Judge Sheri Polster Chappell
02/05/2019Lee, Jr. et al v. American Equity Investment Life Insurance Company et al.
2:18-cv-00648-SPC-MRM
ORDER re [19] Amended Complaint filed by Lee Plaza LLC, Robert A. Lee, Jr. Plaintiffs Robert A. Lee and Lee Plaza, LLC's Amended Complaint (Doc. 19) is DISMISSED without prejudice for lack of subject matter jurisdiction. Plaintiffs may
Judge Sheri Polster Chappell
02/05/2019Performance Brokerage Services, Inc. v. Pomeroy et al
2:18-cv-00580-SPC-MRM
ORDER granting [21] Plaintiff's Agreed in Part Motion for Reconsideration. The Court will retain jurisdiction to enforce the Settlement Agreement upon default in payment. The Clerk is directed to enter an amended judgment dismissing this c
Judge Sheri Polster Chappell
02/05/2019A.G.R. et al v. United States of America
2:18-cv-00342-SPC-MRM
ORDER accepting and adopting [27] REPORT AND RECOMMENDATIONS re [23] MOTION for Settlement Approval for Minor filed by A.G.R. as modified. U.S. Magistrate Judge Mac R. McCoy's Report and Recommendation (R&R) (Doc. [27]) is AC
Judge Sheri Polster Chappell
02/05/2019Scoma Chiropractic, P.A. v. Innovation Compounding, Inc.
2:18-cv-00256-SPC-MRM
ORDER re [33] Stipulation of Dismissal filed by Scoma Chiropractic, P.A. The parties are ORDERED to respond to the Court within seven (7) days from the date of this Order. Signed by Judge Sheri Polster Chappell on 2/5/2019. (LMF)
Judge Sheri Polster Chappell
02/04/2019USA v. Morse
2:18-cr-00136-SPC-MRM
ORDER granting [50] Motion for Forfeiture of Property as to Steve Morse (1). Signed by Judge Sheri Polster Chappell on 2/4/2019. (LMF)
Judge Sheri Polster Chappell
02/01/2019USA v. Morse
2:18-cr-00136-SPC-MRM
ORDER re Sentencing set for 4/29/2019 at 9:30 AM as to Steve Morse. Signed by Judge Sheri Polster Chappell on 2/1/2019. (LMF)
Judge Sheri Polster Chappell
02/01/2019USA v. Tracy
2:18-cr-00127-SPC-UAM
ORDER granting in part and denying in part [31] the United States' Motion in Limine to exclude evidence of Defendant's mental disease or defect The Court grants the Government's Motion as to all areas except for executive function
Judge Sheri Polster Chappell
02/01/2019Ross v. Crave of Fort Myers, Inc. et al
2:18-cv-00514-SPC-MRM
ORDER adopting [23] REPORT AND RECOMMENDATIONS re [22] Joint MOTION for Settlement Approval with Exhibit A filed by John Ross. The Report and Recommendation (Doc. [23]) is ACCEPTED and ADOPTED. The parties' Joint Motion to Appro
Judge Sheri Polster Chappell
01/31/2019Casequin et al v. Cat 5 Contracting, Inc. et al
2:18-cv-00588-SPC-MRM
ORDER re [27] Notice (Other) filed by Antonio M. Vega, Ryan Godwin, Justin Casequin, Bryan Russ, Nicholas Carnagey, Christopher White, Cameron Harris, Jesse L. Paul, Garry Dedick, Anthony James Cadotte, Craig Fenn, Darrans Margens Desir
Judge Sheri Polster Chappell
01/31/2019USA v. Tracy
2:18-cr-00127-SPC-UAM
ORDER as to Tommy N. Tracy re [60] Objection filed by Tommy N. Tracy. Defendant's Objection to the Court's Final Pretrial Scheduling Order (Doc. [60]) is overruled. Signed by Judge Sheri Polster Chappell on 1/31/2019. (LMF)
Judge Sheri Polster Chappell
01/31/2019A.G.R. et al v. United States of America
2:18-cv-00342-SPC-MRM
REPORT AND RECOMMENDATION recommending that [23] Motion for Approval of Minor's Settlement be GRANTED. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 1/31/2019. (ATC)
Judge Sheri Polster Chappell
01/31/2019USA v. Garcia
2:18-cr-00068-SPC-MRM
ORDER denying [48] Defendant Juan Carlos Alfaro Garcia's Motion to Dismiss the Indictment Pursuant to 8 U.S.C. § 1326(d) and Request for Evidentiary Hearing. The Defendant remains set for Status Conference before the Undersigned on Feb
Judge Sheri Polster Chappell
01/30/2019Casequin et al v. Cat 5 Contracting, Inc. et al
2:18-cv-00588-SPC-MRM
ORDER re [27] Notice (Other) filed by Antonio M. Vega, Ryan Godwin, Justin Casequin, Bryan Russ, Nicholas Carnagey, Christopher White, Cameron Harris, Jesse L. Paul, Garry Dedick, Anthony James Cadotte, Craig Fenn, Darrans Margens Desir
Judge Sheri Polster Chappell
01/30/2019Coral Reef Metro, LLC v. Scottsdale Insurance Company
2:18-cv-00460-SPC-UAM
REPORT AND RECOMMENDATION recommending [22] Plaintiff's Motion to Compel Appraisal and Stay Proceedings be GRANTED. Signed by Magistrate Judge Douglas N. Frazier on 1/30/2019. (DRS)
Judge Sheri Polster Chappell
01/30/2019Myeress v. Marmont Hill, Inc. et al
2:18-cv-00438-SPC-UAM
ORDER granting [53] Third-Party Defendant Daisy Spence's Unopposed Motion for Extension of Certain Case Management and Scheduling Order Deadlines. An amended case management and scheduling order will be issued by separate Order. Signed by
Judge Sheri Polster Chappell
01/29/2019Travelers Indemnity Company of Connecticut et al v. Attorney's Title Insurance Fund, Inc. et al
2:13-cv-00670-SPC-CM
ORDER accepting and adopting in part [461] REPORT AND RECOMMENDATIONS re [456] Verified MOTION for Taxation of Costs Travelers Indemnity Company of Connecticut and St. Paul Fire & Marine Insurance Company's Renewed Verified Motion to
Judge Sheri Polster Chappell
01/28/2019United States of America v. Pequeno
2:18-cv-00728-SPC-UAM
ORDER adopting [10] REPORT AND RECOMMENDATIONS re [1] MOTION to Enforce IRS Summons filed by United States of America. The Report and Recommendation (Doc. [10]) is ACCEPTED and ADOPTED. The United States' Petition to Enforce Internal
Judge Sheri Polster Chappell
01/28/2019Stolinas v. Palmer
2:18-cv-00702-SPC-MRM
REPORT AND RECOMMENDATION recommending that [15] Defendant's partially unopposed Motion to Strike be granted in part and denied in part. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 1/28/2019. (ATC) <
Judge Sheri Polster Chappell
01/28/2019USA v. Pena
2:18-cr-00092-SPC-MRM
JUDGMENT as to Hector E. Pena (1), Count(s) 1, 2, 3, Imprisonment: 27 months, concurrent with Counts 1-4, and 6; Supervised Release: 36 months, all counts concurrent; Special Assessment: $600.00; Count(s) 4, Imprisonment: 27 months, concurr
Judge Sheri Polster Chappell
01/28/2019Kennedy v. U and V Food Corporation et al
2:17-cv-00696-SPC-MRM
ORDER adopting [37] REPORT AND RECOMMENDATIONS re [33] MOTION for default judgment against All Defendants filed by Patricia Kennedy. The Report and Recommendation (Doc. [37]) is ACCEPTED and ADOPTED and incorporated into this Ord
Judge Sheri Polster Chappell
01/28/2019USA v. Williamson
2:17-cr-00048-SPC-MRM
JUDGMENT as to Willie Williamson (1), Count(s) 1-3, 4-5, 6, 7, Disposed; Count(s) 1s, Imprisonment: 86 months, concurrent with Count 2; Supervised Release: 36 months, each count concurrent; Special Assessment: $300.00; Count(s) 2s, Imprison
Judge Sheri Polster Chappell
01/28/2019Continental 332 Fund, LLC et al v. Albertelli et al
2:17-cv-00041-SPC-MRM
ORDER granting in part and denying in part [253] Plaintiff/Counter-Defendants Continental 332 Fund LLC, Continental 298 Fund LLC, Continental 306 Fund LLC, Continental 326 Fund LLC, Continental 347 Fund LLC, and Continental 355 Fund and Third-Pa
Judge Sheri Polster Chappell
01/25/2019USA v. Cruz-Ortega
2:19-cr-00006-SPC-UAM
ORDER re Sentencing set for 4/15/2019 at 10:00 AM as to Javier Cruz-Ortega. Signed by Judge Sheri Polster Chappell on 1/25/2019. (LMF)
Judge Sheri Polster Chappell
01/25/2019USA v. Ramirez-Vaca
2:18-cr-00214-SPC-MRM
ORDER re Sentencing set for 4/15/2019 at 9:45 AM as to Leo Degario Ramirez-Vaca. Signed by Judge Sheri Polster Chappell on 1/25/2019. (LMF)
Judge Sheri Polster Chappell
01/25/2019Colvistec AG v. Equitech Int'l Corp et al
2:18-cv-00783-SPC-UAM
ORDER granting [28] Plaintiff's Unopposed Motion for Clerk's Default. The Clerk is directed to enter a Clerk's Default against Defendant Equitech International Corporation. Signed by Magistrate Judge Carol Mirando on 1/25/2019. (AP
Judge Sheri Polster Chappell
01/24/2019Colvistec AG v. Equitech Int'l Corp et al
2:18-cv-00783-SPC-UAM
ORDER granting [26] Plaintiff Colvistec AG's Renewed Motion to Strike Answer. Equitech Int'l Corp.'s answer (Doc. [11]) is STRICKEN. The Clerk is DIRECTED to mail a copy of this Order to Equitech Int'l Corp. Signed by Judge
Judge Sheri Polster Chappell
01/24/2019USA v. Pereira
2:18-cr-00183-SPC-UAM
ORDER re Sentencing set for 4/15/2019 at 9:30 AM as to Alexander Brito Pereira. Signed by Judge Sheri Polster Chappell on 1/24/2019. (LMF)
Judge Sheri Polster Chappell
01/24/2019Hastings v. Wilbur Smith Law Firm et al
2:18-cv-00485-SPC-MRM
ORDER denying [14] Motion for Relief from Order Under Rule 60(b). The Clerk is DIRECTED to file the attached amended complaint (Doc. [14-1]) as Hastings's Amended Complaint on the docket as a separate entry. Signed by Judge Sheri Polster Cha
Judge Sheri Polster Chappell
01/24/2019Keene v. Commissioner of Social Security
2:17-cv-00586-SPC-CM
ORDER adopting [24] REPORT AND RECOMMENDATIONS re [1] Complaint filed by Renee Keene. The Report and Recommendation (Doc. [24]) is ACCEPTED and ADOPTED and incorporated into this Order. Pursuant to 42 U.S.C. § 405(g), the Commissioner&#
Judge Sheri Polster Chappell
01/24/2019Ferrara Candy Company v. Exhale Vapor LLC et al
2:17-cv-00512-SPC-MRM
ORDER adopting [35] REPORT AND RECOMMENDATIONS re [34] MOTION for Attorney Fees and Costs filed by Ferrara Candy Company. United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. [35]) is ACCEPTED AND ADOP
Judge Sheri Polster Chappell
01/24/2019Baker v. Advanced Imaging of Port Charlotte, LLC
2:17-cv-00403-SPC-MRM
ORDER adopting [36] REPORT AND RECOMMENDATIONS re [35] MOTION for Attorney Fees and costs and incorporated memorandum of law filed by Jeffrey Baker. United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc.
Judge Sheri Polster Chappell
01/24/2019Trombetta v. Commissioner of Social Security
2:17-cv-00382-SPC-CM
ORDER adopting [24] REPORT AND RECOMMENDATIONS re [1] Complaint filed by Michael Stephen Trombetta. United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. [24]) is ACCEPTED AND ADOPTED and the findings incorporat
Judge Sheri Polster Chappell
01/24/2019USA v. Guerrero-Torres
2:16-cr-00068-SPC-CM
ORDER granting [153] the Unopposed Motion to Direct Lee County Sheriff Mike Scott and the Lee County Jail to Make Arrangements So That Defendant Can Have a Legal Call (Unmonitored) with His Appellate Counsel. The Lee County Jail is directed to al
Judge Sheri Polster Chappell
01/23/2019Caiazza v. Carmine Marceno
2:18-cv-00784-SPC-MRM
ORDER denying as moot [16] Motion to Dismiss for Failure to State a Claim. Signed by Judge Sheri Polster Chappell on 1/23/2019. (LMF)
Judge Sheri Polster Chappell
01/23/2019Otano v. United States of America
2:17-cv-00467-SPC-CM
ORDER denying [1] Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Cr. Doc. [232]; Cv. Doc. [1]). To the extent Petitioner moves for an evidentiary hearing (Cv. Doc. [9] at 3; Cv. Doc. [9] at 8) or
Judge Sheri Polster Chappell
01/22/2019Borozny v. Uomini & Kudai, LLC
2:18-cv-00824-SPC-MRM
ORDER re [10] Notice of settlement filed by Austin Borozny. Plaintiff Austin Borozny must file either an amended notice of settlement or a response to this Order clarifying the issue identified above on or before January 23, 2019. Signed by Ju
Judge Sheri Polster Chappell
01/22/2019USA v. Cortez-Guadron
2:18-cr-00173-SPC-CM
JUDGMENT as to Jose Cortez-Guadron (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/22/2019. (LMF)
Judge Sheri Polster Chappell
01/22/2019USA v. Diaz-Diaz
2:18-cr-00165-SPC-CM
JUDGMENT as to Ambrosio Diaz-Diaz (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/22/2019. (LMF)
Judge Sheri Polster Chappell
01/22/2019USA v. Rodriguez-Martinez
2:18-cr-00162-SPC-MRM
JUDGMENT as to Joel Rodriguez-Martinez (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/22/2019. (LMF)
Judge Sheri Polster Chappell
01/22/2019USA v. Huete-Flores
2:18-cr-00119-SPC-CM
JUDGMENT as to Modesto Huete-Flores (1), Count(s) 1, Imprisonment: 10 months; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/22/2019. (LMF)
Judge Sheri Polster Chappell
01/22/2019Collier HMA Physician Management, LLC et al v. NCH Healthcare System, Inc. et al
2:18-cv-00408-SPC-MRM
ORDER granting in part and denying in part [24]Defendants NCH Healthcare System, Inc., Naples Community Hospital, Inc., and NCHMD, Inc.'s Motion to Dismiss. (SEE ORDER FOR DETAILS) Defendants NCH Healthcare System, Inc., Naples Community Ho
Judge Sheri Polster Chappell
01/22/2019Robinson et al v. National Credit Systems, Inc. et al
2:17-cv-00386-SPC-CM
REPORT AND RECOMMENDATION recommending [79] Plaintiffs' Motion for an Award of Costs and Attorneys' Fees and for Leave to File Post-Judgment Discovery be GRANTED in part and DENIED in part, and Plaintiffs be awarded $32,895.50 in
Judge Sheri Polster Chappell
01/22/2019USA v. Otano
2:13-cr-00089-SPC-CM
ORDER denying [232] Petitioner's Motion Under 28 U.S.C. § 2255 to Vacate, Set Aside, or Correct Sentence (Cr. Doc. [232]; Cv. Doc. [1]). To the extent Petitioner moves for an evidentiary hearing (Cv. Doc. 9 at 3; Cv. Doc. 9 at 8) or th
Judge Sheri Polster Chappell
01/18/2019Hastings v. Rosenberg
2:18-cv-00510-SPC-UAM
ORDER re [9] Amended Complaint filed by David S. Hastings. The Amended Complaint (Doc. [9]) is dismissed without prejudice to filing a second amended complaint by February 19, 2019. Failure to file a second amended complaint result in this ca
Judge Sheri Polster Chappell
01/18/2019Allied World Assurance Company v. Lee Memorial Health System et al
2:18-cv-00158-SPC-UAM
ORDER denying without prejudice [55] Allied World Assurance Company's Motion for Summary Judgment. Allied World Assurance Company may file an amended motion for summary judgment that complies with the Court's procedures on or before Jan
Judge Sheri Polster Chappell
01/17/2019USA v. Suret-Nij
2:18-cr-00212-SPC-UAM
ORDER re Sentencing set for 4/8/2019 at 11:00 AM as to Jose Guillermo Suret-Nij. Signed by Judge Sheri Polster Chappell on 1/17/2019. (LMF)
Judge Sheri Polster Chappell
01/17/2019USA v. Trujillo-Bertin
2:18-cr-00154-SPC-UAM
ORDER re Sentencing set for 4/8/2019 at 10:45 AM as to Alonso Trujillo-Bertin. Signed by Judge Sheri Polster Chappell on 1/17/2019. (LMF)
Judge Sheri Polster Chappell
01/16/2019Ross v. Crave of Fort Myers, Inc. et al
2:18-cv-00514-SPC-MRM
REPORT AND RECOMMENDATION recommending [22] Joint Motion to Approve Settlement and Dismiss With Prejudice be granted and the Settlement Agreement and Plaintiff's Full and Final Release of Claims for Unpaid Wages be approved. See Report a
Judge Sheri Polster Chappell
01/15/2019USA v. Corzo-Nunez
2:18-cr-00166-SPC-CM
JUDGMENT as to Adrian Corzo-Nunez (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/15/2019. (LMF)
Judge Sheri Polster Chappell
01/15/2019USA v. Perez-Lopez
2:18-cr-00149-SPC-CM
JUDGMENT as to Alex Perez-Lopez (1), Count(s) 1, Imprisonment: 8 months; Supervised Release: 36 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/15/2019. (LMF)
Judge Sheri Polster Chappell
01/15/2019USA v. Dejesus-Fuentes
2:18-cr-00138-SPC-MRM
JUDGMENT as to Kerlin Dejesus-Fuentes (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/15/2019. (LMF)
Judge Sheri Polster Chappell
01/15/2019Cruz v. GeoVera Specialty Insurance Company
2:18-cv-00287-SPC-MRM
ORDER adopting [39] REPORT AND RECOMMENDATIONS re [38] MOTION to stay filed by Geovera Specialty Insurance Company. Report and Recommendation (Doc. [39]) is ACCEPTED and ADOPTED in part. The Joint Stipulation to Stay Litigation Pending Com
Judge Sheri Polster Chappell
01/15/2019Short v. Immokalee Water & Sewage District
2:18-cv-00124-SPC-UAM
ORDER granting [61] Notice of Plaintiff's Intent to File Response to Defendant's Motion for Attorney's Fees and Notice of Appeal, construed as a motion for extension of time. Plaintiff's Response to Defendant's Motion fo
Judge Sheri Polster Chappell
01/15/2019MacDermott v. Nane Jan, LLC
2:17-cv-00692-SPC-UAM
ORDER denying without prejudice [36] Plaintiff Charity MacDermott's Motion to Allow Attorney-Directed Voir Dire. Signed by Judge Sheri Polster Chappell on 1/15/2019. (LMF)
Judge Sheri Polster Chappell
01/14/2019USA v. Rodriguez-Naveda
2:19-cr-00002-SPC-UAM
ORDER re Sentencing set for 4/1/2019 at 9:45 AM as to Adolfo Rodriguez-Naveda. Signed by Judge Sheri Polster Chappell on 1/14/2019. (LMF)
Judge Sheri Polster Chappell
01/14/2019Travelers Indemnity Company of Connecticut et al v. Attorney's Title Insurance Fund, Inc. et al
2:13-cv-00670-SPC-CM
REPORT AND RECOMMENDATION recommending [456] Travelers Indemnity Company of Connecticut and St. Paul Fire & Marine Insurance Company's Renewed Verified Motion to Tax Costs (Section 10) be GRANTED in part and DENIED in part, and [458] Plainti
Judge Sheri Polster Chappell
01/10/2019USA v. Lopez-Morales
2:18-cr-00201-SPC-MRM
ORDER re Sentencing set for 4/1/2019 at 9:30 AM as to Cesar Lopez-Morales. Signed by Judge Sheri Polster Chappell on 1/10/2019. (LMF)
Judge Sheri Polster Chappell
01/10/2019Dominique v. Capreit, Inc.
2:18-cv-00231-SPC-UAM
ORDER granting [38] the Joint Motion to Temporarily Stay All Court Deadlines by 90 Days. The Clerk is directed to add a stay flag to the docket. The remaining deadlines in [37] the Case Management and Scheduling Order are STAYED for 90 days or un
Judge Sheri Polster Chappell
01/10/2019Kennedy v. U and V Food Corporation et al
2:17-cv-00696-SPC-MRM
REPORT AND RECOMMENDATION recommending that [33] Plaintiff's Motion for Entry of Judgment After Default and Verified Application for Attorney Fees, Costs, Expert Fees and Litigation Expenses with Memorandum of Law in Support be DENIED withou
Judge Sheri Polster Chappell
01/09/2019United States of America v. Pequeno
2:18-cv-00728-SPC-UAM
REPORT AND RECOMMENDATION recommending [1] the United States' Petition to Enforce Internal Revenue Service Summons be granted and the summons be enforced. Signed by Magistrate Judge Carol Mirando on 1/9/2019. (APH)
Judge Sheri Polster Chappell
01/09/2019USA v. Lopez-Lopez
2:18-cr-00185-SPC-UAM
ORDER re Sentencing set for 3/25/2019 at 10:00 AM as to Rene Lopez-Lopez. Signed by Judge Sheri Polster Chappell on 1/9/2019. (LMF)
Judge Sheri Polster Chappell
01/09/2019Spector v. Suzuki Motor of America, Inc.
2:17-cv-00650-SPC-UAM
ORDER granting [54] Stipulation and Joint Motion to Permit David Carlton, Esquire to Serve as Mediator. The Court will permit David Carlton, Esq. to serve as the mediator for this case on the scheduled date of February 1, 2019. Signed by Magistr
Judge Sheri Polster Chappell
01/08/2019USA v. Arellano-Chavez
2:18-cr-00176-SPC-MRM
JUDGMENT as to Daniel Arellano-Chavez (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/8/2019. (LMF)
Judge Sheri Polster Chappell
01/08/2019USA v. Camacho-Ochoa
2:18-cr-00132-SPC-CM
JUDGMENT as to Isaias Camacho-Ochoa (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/8/2019. (LMF)
Judge Sheri Polster Chappell
01/07/2019Bucci v. R.J. Reynolds Vapor Company et al
2:18-cv-00762-SPC-MRM
ORDER granting [16] Plaintiff's Motion to Remand. The Clerk is DIRECTED to transmit a certified copy of this Order to the Clerk of the Court of the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk is DIRECTED to terminate
Judge Sheri Polster Chappell
01/07/2019Jones v. Bank of America
2:18-cv-00649-SPC-UAM
ORDER denying [38] the Motion for Judge Chappell to Recuse Herself, Rule 455(a). Signed by Judge Sheri Polster Chappell on 1/7/2019. (LMF)
Judge Sheri Polster Chappell
01/07/2019USA v. Jeronimo-Hernandez
2:18-cr-00156-SPC-CM
JUDGMENT as to Hector Alejandro Jeronimo-Hernandez (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/7/2019. (LMF)
Judge Sheri Polster Chappell
01/07/2019United States of America et al v. Lee Memorial Health System
2:14-cv-00437-SPC-UAM
ORDER denying [103] Defendant's Rule 26(c) Motion to Stay Discovery and Incorporated Memorandum of Law. Signed by Magistrate Judge Carol Mirando on 1/7/2019. (APH)
Judge Sheri Polster Chappell
01/07/2019USA v. Benitez-Hernandez
2:18-cr-00139-SPC-CM
JUDGMENT as to Edgar Benitez-Hernandez (1), Count(s) 1, Imprisonment: 6 months; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/7/2019. (LMF)
Judge Sheri Polster Chappell
01/07/2019USA v. Anaya-Hernandez
2:18-cr-00106-SPC-CM
JUDGMENT as to Antonio Anaya-Hernandez (1), Count(s) 1, Imprisonment: 15 months; Supervised Release: 36 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 1/7/2019. (LMF)
Judge Sheri Polster Chappell
01/07/2019USA v. Vargas-Hernandez
2:18-cr-00121-SPC-CM
JUDGMENT as to Cristopher Adrian Vargas-Hernandez (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00.Signed by Judge Sheri Polster Chappell on 1/7/2019. (LMF)
Judge Sheri Polster Chappell
01/07/2019Auto Owners Insurance Company v. Edman et al
2:18-cv-00372-SPC-MRM
ORDER granting [43] Plaintiff's Motion for Voluntary Dismissal. The Clerk is directed to enter judgment dismissing this case without prejudice as to Defendant Stephen Henke. Thereafter the Clerk shall terminate any pending deadlines and c
Judge Sheri Polster Chappell
01/07/2019Keene v. Commissioner of Social Security
2:17-cv-00586-SPC-CM
REPORT AND RECOMMENDATION recommending the decision of the Commissioner be REVERSED and REMANDED. Signed by Magistrate Judge Carol Mirando on 1/7/2019. (APH) . Document replaced to correct typographical error on 1/7/2019 (APH).
Judge Sheri Polster Chappell
01/07/2019Ferrara Candy Company v. Exhale Vapor LLC et al
2:17-cv-00512-SPC-MRM
REPORT AND RECOMMENDATION recommending that [34] Plaintiff Ferrara Candy Company's Motion for Attorneys' Fees and Costs Pursuant to Judgment and Permanent Injunction of Doc. 33 be GRANTED IN PART. See Report and Recommendation for detai
Judge Sheri Polster Chappell
01/04/2019Colvistec AG v. Equitech Int'l Corp et al
2:18-cv-00783-SPC-UAM
ORDER granting [22] Plaintiff's Motion for Clerk's Default. The Clerk is directed to enter a Clerk's Default against Defendant MIP Technology Corporation. The Court will take no further action on the Order to Show Cause (Doc. 21).
Judge Sheri Polster Chappell
01/04/2019Gensheimer v. Vision Ace Hardware, LLC
2:18-cv-00422-SPC-MRM
ORDER. Plaintiff William Gensheimer's Second Amended Complaint (Doc. [47]) is DISMISSED without prejudice. Gensheimer may file a third amended complaint consistent with this Order on or before January 11, 2019. Failure to do so will result
Judge Sheri Polster Chappell
01/04/2019Encarnacion v. Financial Corporation of America
2:17-cv-00566-SPC-UAM
ORDER granting in part and denying in part [51] Motion for Approval of the Parties' Class Notice and Plan for Dissemination of the Class Notice. See Order for details. Signed by Magistrate Judge Carol Mirando on 1/4/2019. (Attachments: # (
ORDER granting in part and denying in part [51] Motion for Approval of the Parties' Class Notice and Plan for Dissemination of the Class Notice. See Order for details. Signed by Magistrate Judge Carol Mirando on 1/4/2019. (Attachments: # (
Judge Sheri Polster Chappell
01/03/2019Colvistec AG v. Equitech Int'l Corp et al
2:18-cv-00783-SPC-UAM
ORDER granting in part and denying in part [19] the Agreed Motion to Waive In Person Case Management Report Meeting Requirement & to Extend Time to Hold the Meeting. The parties shall have up to and including January 31, 2019 to hold their Case M
Judge Sheri Polster Chappell
01/03/2019Baker v. Advanced Imaging of Port Charlotte, LLC
2:17-cv-00403-SPC-MRM
REPORT AND RECOMMENDATION recommending [35] Motion for Attorney's Fees & Costs be granted. Signed by Magistrate Judge Mac R. McCoy on 1/3/2019. (brh)
Judge Sheri Polster Chappell
01/02/2019USA v. Sales-Luis
2:18-cr-00198-SPC-UAM
ORDER re Sentencing set for 3/11/2019 at 11:30 AM as to Rolando Sales-Luis. Signed by Judge Sheri Polster Chappell on 1/2/2019. (LMF)
Judge Sheri Polster Chappell
01/02/2019USA v. Mendoza-Vasquez
2:18-cr-00196-SPC-UAM
ORDER re Sentencing set for 3/18/2019 at 10:00 AM as to Arturo Mendoza-Vasquez. Signed by Judge Sheri Polster Chappell on 1/2/2019. (LMF)
Judge Sheri Polster Chappell
01/02/2019USA v. Saez
2:18-cr-00069-SPC-MRM
ORDER re Sentencing set for March 18, 2019 at 9:30 AM as to Eddie Junior Saez. Signed by Judge Sheri Polster Chappell on 1/2/2019. (LMF)
Judge Sheri Polster Chappell
01/02/2019George & Company LLC v. Cardinal Industries, Inc. et al
2:18-cv-00154-SPC-MRM
ORDER denying [58] Plaintiff George & Company, LLC's Motion for Preliminary Injunction. Signed by Judge Sheri Polster Chappell on 1/2/2019. (LMF)
Judge Sheri Polster Chappell
01/02/2019USA v. Shutt
2:17-cr-00083-SPC-MRM
ORDER re Exhibits as to Dillon Shutt. The clerk shall unseal exhibits 1 and 3 from the sentencing hearing held on October 22, 2018. The government is permitted to retrieve a copy of the unsealed exhibits for appeal purposes. Signed by Judge Sher
Judge Sheri Polster Chappell
12/27/2018George & Company LLC v. Cardinal Industries, Inc. et al
2:18-cv-00154-SPC-MRM
ORDER granting [63] Defendants' Motion to Dismiss Plaintiff's Third Amended Complaint. Plaintiff George & Company LLC may file a Fourth Amended Complaint against Cardinal Industries, Inc. following this Order on or before January 9, 201
Judge Sheri Polster Chappell
12/27/2018Short v. Immokalee Water & Sewage District
2:18-cv-00124-SPC-UAM
ORDER denying [54] Plaintiff John Short's Motion for Reconsideration and Leave to File Third Amended Complaint. Signed by Judge Sheri Polster Chappell on 2018-12-27. (LMF)
Judge Sheri Polster Chappell
12/21/2018Rockhill v. Commissioner of Social Security
2:18-cv-00820-SPC-MRM
ORDER re [1] Complaint filed by Justin Rockhill. The Clerk of the Court is directed to transfer this case to the United States District Court for the Southern District of Florida, Fort Pierce Division. Signed by Judge Sheri Polster Chappell on
Judge Sheri Polster Chappell
12/21/2018Colvistec AG v. Equitech Int'l Corp et al
2:18-cv-00783-SPC-UAM
ORDER denying without prejudice [14] Plaintiff's Motion to Strike. Defendant Equitech International Corporation shall have up to and including January 21, 2019 to retain counsel admitted to practice in this Court and have counsel file a noti
Judge Sheri Polster Chappell
12/21/2018USA v. Delarosa-Mascorra
2:18-cr-00191-SPC-UAM
ORDER re Sentencing set for 3/11/2019 at 11:15 AM as to Juan De La Rosa-Mascorro. Signed by Judge Sheri Polster Chappell on 2018-12-21. (LMF)
Judge Sheri Polster Chappell
12/21/2018USA v. Sales-Domingo
2:18-cr-00172-SPC-MRM
ORDER re Sentencing set for March 11, 2019 at 11:00 AM as to Enrique Sales-Domingo. Signed by Judge Sheri Polster Chappell on 2018-12-21. (LMF)
Judge Sheri Polster Chappell
12/21/2018Leon v. Integon National Insurance Company
2:18-cv-00673-SPC-CM
ORDER. This case is DISMISSED for failure to prosecute under Middle District of Florida Local Rule 3.10. The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate any deadlines, and close the file. Signed by Judge Sheri Polster
Judge Sheri Polster Chappell
12/21/2018Jones v. Bank of America
2:18-cv-00649-SPC-UAM
ORDER adopting [30] REPORT AND RECOMMENDATIONS re [10] Amended Complaint filed by Donald Jones. United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. [30]) is ACCEPTED and ADOPTED and the findings incorporated
Judge Sheri Polster Chappell
12/21/2018Bernal v. Paver Pro Unlimited, Inc.
2:18-cv-00640-SPC-MRM
ORDER re [10] Notice of voluntary dismissal filed by Alexis Bernal. The case is DISMISSED with prejudice. The Clerk of the Court is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signe
Judge Sheri Polster Chappell
12/21/2018Franz v. John Doe, et al
2:18-cv-00536-SPC-MRM
ORDER re [28] Notice of voluntary dismissal filed by Frederick Franz. Plaintiff's Notice of Voluntary Dismissal with Prejudice (Doc. [28]) and Plaintiff's Amended Notice of Voluntary Dismissal Without Prejudice (Doc. [28]) are DENIED
Judge Sheri Polster Chappell
12/21/2018Moore v. San Carlos Park Fire Protection & Rescue
2:17-cv-00546-SPC-MRM
ORDER denying [60] Plaintiff Colleen Moore's Motion for Reconsideration of Opinion and Order. Signed by Judge Sheri Polster Chappell on 2018-12-21. (LMF)
Judge Sheri Polster Chappell
12/20/2018Freedom Marine Sales, LLC et al
2:18-cv-00620-SPC-UAM
ORDER denying without prejudice [21] Joint Motion to Re-Schedule the Preliminary Pretrial Conference. ALL parties must appear telephonically for the Preliminary Pretrial Conference. The toll-free teleconference number is 1-888-684-8852. The ac
Judge Sheri Polster Chappell
12/20/2018Trombetta v. Commissioner of Social Security
2:17-cv-00382-SPC-CM
REPORT AND RECOMMENDATION recommending the decision of the Commissioner be affirmed. Signed by Magistrate Judge Carol Mirando on 2018-12-20. (APH)
Judge Sheri Polster Chappell
12/19/2018USA v. Torres-Ruiz
2:18-cr-00203-SPC-MRM
ORDER re Sentencing set for 3/11/2019 at 10:45 AM as to Jose Torres-Ruiz. Signed by Judge Sheri Polster Chappell on 2018-12-19. (LMF)
Judge Sheri Polster Chappell
12/19/2018USA v. Alvarado-Castillo
2:18-cr-00184-SPC-MRM
ORDER re Sentencing set for 3/11/2019 at 10:30 AM as to Wilmer Yovani Alvarado-Castillo. Signed by Judge Sheri Polster Chappell on 2018-12-19. (LMF)
Judge Sheri Polster Chappell
12/19/2018Vazquez v. Uooligan Gas Station Convenience Store Inc et al
2:18-cv-00611-SPC-UAM
ORDER denying without prejudice [15] Plaintiff's Motion for Clerk's Entry of Default Against Defendant Uooligan Gas Station Convenience Store Inc. The Clerk is directed to return the ex parte letter Defendant Saeeda Ullah sent to
Judge Sheri Polster Chappell
12/18/2018USA v. Saez
2:18-cr-00069-SPC-MRM
ORDER re Sentencing set for 3/18/2019 at 9:30 AM as to Eddie Junior Saez. Signed by Judge Sheri Polster Chappell on 2018-12-18. (LMF)
ORDER granting [91] Motion for Forfeiture of Property as to Eddie Junior Saez (1). Signed by Judge Sheri Polster Chappell on 2018-12-18. (LMF)
Judge Sheri Polster Chappell
12/18/2018United States of America v. Winland et al
2:17-cv-00063-SPC-CM
ORDER. The Clerk of the Court is DIRECTED to enter judgment, terminate all deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 2018-12-18. (LMF)
Judge Sheri Polster Chappell
12/18/2018Towns v. The School Board of Lee County, Florida
2:16-cv-00412-SPC-MRM
ORDER. The discovery deadline initially set in the Case Management and Scheduling Order (Doc. [30]) is revived and extended to January 18, 2019. This case is referred to Magistrate Judge Carol Mirando for a settlement conference to be held after
Judge Sheri Polster Chappell
12/17/2018United States of America v. Winland et al
2:17-cv-00063-SPC-CM
ORDER granting [59] the United States' Unopposed Motion for Confirmation of Sale and Distribution of Proceeds. See Order for details. Signed by Magistrate Judge Carol Mirando on 2018-12-17. (APH)
Judge Sheri Polster Chappell
12/14/2018Encarnacion v. Financial Corporation of America
2:17-cv-00566-SPC-UAM
ORDER denying [46] Motion for Leave to Be Excused from ADR Requirement. The parties shall have up to and including December 17, 2018 to conduct mediation. All other deadlines and directives set forth in the [29] Case Management and Scheduling Or
Judge Sheri Polster Chappell
12/10/2018Griffin v. Commissioner of Social Security
2:17-cv-00280-SPC-CM
ORDERED: (1) United States Magistrate Judge Carol Mirando's Report and Recommendation Doc. [25] is ACCEPTED and ADOPTED and the findings incorporated herein. (2) Plaintiff Edward Griffin's Uncontested Petition for EAJA Fees Doc. [24] is
Judge Sheri Polster Chappell
12/07/2018PFL Petroleum Services Limited v. Tracy Rail Service, et al
2:18-cv-00706-SPC-MRM
ORDER dismissing Plaintiff's Complaint (Doc. [1]) without prejudice to file an Amended Complaint by December 26, 2018. Defendants' Motion to Dismiss (Doc. [8]) is DENIED as moot. Defendants' Motion to Strike Plaintiff's Reques
Judge Sheri Polster Chappell
12/07/2018USA v. Alejandro-Castillo
2:18-cr-00151-SPC-MRM
ORDER re Sentencing set for 2/25/2019 at 9:30 AM as to Raul Alejandro-Castillo. Signed by Judge Sheri Polster Chappell on 12/7/2018. (LMF)
Judge Sheri Polster Chappell
12/07/2018Pruco Life Insurance Company v. Federici et al
2:18-cv-00546-SPC-MRM
ORDER granting [36] Plaintiff Pruco Life Insurance Company's Motion for Entry of Default Judgment against Barbara Ann Hancock. The Clerk of Court is DIRECTED to enter judgment in favor of Pruco Life Insurance Company against Defendant Barbar
Judge Sheri Polster Chappell
12/07/2018USA v. Dustin
2:18-cr-00087-SPC-MRM
JUDGMENT as to Hollie D. Dustin (1), Count(s) 1-3, Imprisonment: 6 months, concurrent; Supervised Release: 36 months, concurrent; Restitution: $34,001.25; Special Assessment: $300.00. Signed by Judge Sheri Polster Chappell on 12/6/2018
Judge Sheri Polster Chappell
12/07/2018Marlowe et al v. Ironshore Specialty Insurance Company
2:18-cv-00245-SPC-MRM
ORDER adopting [38] REPORT AND RECOMMENDATIONS re [32] MOTION to Compel Appraisal filed by Melanie Marlowe, Ira Marlowe. The Report and Recommendation (Doc. 38) is ACCEPTED and ADOPTED and incorporated into this Order. Plaintif
Judge Sheri Polster Chappell
12/07/2018Miller et al v. The City of Fort Myers et al
2:18-cv-00195-SPC-UAM
ORDER re [47] Status report filed by The City of Fort Myers, Saeed Kazemi, Randall P. Henderson, Jr. The parties must file a status update on or before December 31, 2018. Defendants must file an answer or renewed response to the Amended Comp
Judge Sheri Polster Chappell
12/06/2018Cruz v. GeoVera Specialty Insurance Company
2:18-cv-00287-SPC-MRM
REPORT AND RECOMMENDATION recommending [38] Joint Stipulation to Stay Litigation Pending Completion of Appraisal be granted. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 12/6/2018. (brh)
Judge Sheri Polster Chappell
12/05/2018Cartegena v. Salson Logistics, Inc.
2:18-cv-00734-SPC-MRM
OPINION AND ORDER re: [17] Response to order to show cause, [21] Response. The above-captioned case is REMANDED to the Twentieth Judicial Circuit in and for Lee County, Florida. The Clerk of Court is DIRECTED to transmit a certified copy of thi
Judge Sheri Polster Chappell
12/05/2018USA v. Diego-Sebastian
2:18-cr-00175-SPC-UAM
ORDER re Sentencing set for 3/4/2019 at 10:30 AM as to Pascual Diego-Sebastian. Signed by Judge Sheri Polster Chappell on 12/5/2018. (LMF)
Judge Sheri Polster Chappell
12/05/2018USA v. Dustin
2:18-cr-00087-SPC-MRM
AMENDED ORDER granting [39] Motion for Forfeiture of Property as to Hollie D. Dustin (1). Signed by Judge Sheri Polster Chappell on 12/5/2018. (LMF)
Judge Sheri Polster Chappell
12/05/2018Towns v. The School Board of Lee County, Florida
2:16-cv-00412-SPC-MRM
ORDER. The Clerk is DIRECTED to enter judgment as to Plaintiffs Gwynetta Gittens, Jerald Thompson, and Stephanie Lawrence and terminate them as parties to this case. Plaintiff Preston Towns' case against The School Board of Lee County, Flor
Judge Sheri Polster Chappell
12/03/2018USA v. Roberts
2:18-cr-00170-SPC-UAM
ORDER re Sentencing 3/4/2019 at 10:00 AM as to Brandon Joseph Roberts. Signed by Judge Sheri Polster Chappell on 12/3/2018. (LMF)
Judge Sheri Polster Chappell
11/29/2018Topa v. Kerbs et al
2:18-cv-00475-SPC-MRM
ORDER granting [25] Defendants' Motion to Dismiss the Amended Complaint. Plaintiff Gelu Topa may file a second amended complaint that complies with this Opinion and Order on or before December 20, 2018. Topa must serve Defendants with the s
Judge Sheri Polster Chappell
11/29/2018Elwadi v. Yassir Alam, LLC et al
2:17-cv-00646-SPC-CM
ORDER adopting [56] REPORT AND RECOMMENDATIONS re [49] Verified MOTION for Attorney Fees filed by Yassir Alam, LLC, Yassir Hassan. United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. [56]) is ACCEPT
Judge Sheri Polster Chappell
11/29/2018Encarnacion v. Financial Corporation of America
2:17-cv-00566-SPC-UAM
ORDER adopting [41] REPORT AND RECOMMENDATIONS re [31] MOTION to Certify Class filed by Omar Encarnacion. United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. [41]) is ACCEPTED and ADOPTED and the fi
Judge Sheri Polster Chappell
11/28/2018Strickler et al v. Walmart, Inc.
2:18-cv-00781-SPC-MRM
ORDER re [1] Notice of Removal. Wal-Mart Stores East, L.P. and/or Defendant Walmart Inc. shall cure the facial defects in the Notice of Removal and supplement the notice to show why the Court should not remand this case for lack of subject matt
Judge Sheri Polster Chappell
11/28/2018Rivas v. Speedway, LLC
2:18-cv-00670-SPC-MRM
ORDER granting [13] Plaintiff Graciela Rivas' Motion to Remand. The Clerk of Court is DIRECTED to transmit a certified copy of this Order to the Clerk of the Circuit Court of the Twentieth Judicial Circuit in and for Lee County, Florida. Th
Judge Sheri Polster Chappell
11/28/2018Linstol USA, LLC v. Midway Advanced Products, LLC
2:18-cv-00669-SPC-UAM
ORDER granting [16] Plaintiff's Motion for Clerk's Default. The Clerk is directed to enter a Clerk's Default against Defendant Midway Advanced Products, LLC. Signed by Magistrate Judge Carol Mirando on 2018-11-28. (APH)
Judge Sheri Polster Chappell
11/28/2018USA v. Almaraz-Rafael
2:18-cr-00177-SPC-MRM
ORDER re Sentencing set for 2/11/2019 at 2:30 PM as to Leonardo Almaraz-Rafael. Signed by Judge Sheri Polster Chappell on 2018-11-28. (LMF)
Judge Sheri Polster Chappell
11/28/2018Jones v. Bank of America
2:18-cv-00649-SPC-UAM
REPORT AND RECOMMENDATION re [10] Plaintiff's Amended Complaint. Signed by Magistrate Judge Carol Mirando on 2018-11-28. (APH)
Judge Sheri Polster Chappell
11/28/2018Vazquez v. Uooligan Gas Station Convenience Store Inc et al
2:18-cv-00611-SPC-UAM
ORDER granting in part and denying in part [11] Plaintiff's Motion for Clerk's Entry of Default Against All Defendants. The motion is granted as to Defendants Saeed Ullah and Farid Ullah. The Clerk is directed to enter a Clerk's De
Judge Sheri Polster Chappell
11/28/2018Pruco Life Insurance Company v. Federici et al
2:18-cv-00546-SPC-MRM
ORDER granting [35] Plaintiff Pruco Life Insurance Company's Unopposed Motion for Leave to Deposit Interpleader Funds. Plaintiff shall DEPOSIT the funds into the Registry of the Court within FOURTEEN (14) DAYS of this Order. Signed by Judge
Judge Sheri Polster Chappell
11/28/2018Auto Owners Insurance Company v. Edman et al
2:18-cv-00372-SPC-MRM
ORDER re [39] Stipulation of Dismissal filed by Auto Owners Insurance Company, [40] Amended document filed by Auto Owners Insurance Company. Plaintiff's Stipulation of Voluntary Dismissal (Doc. [39]) and Amended Notice of Dismissal (D
Judge Sheri Polster Chappell
11/28/2018Real v. The City of Fort Myers et al
2:18-cv-00074-SPC-MRM
ORDER re [57] MOTION for Leave to Appeal in forma pauperis filed by Mamberto Real.Plaintiff Mamberto Real's Notice to the Court or the Clerk (Doc. [57]) construed as a motion for leave to appeal in forma pauperis is GRANTED. The Clerk o
Judge Sheri Polster Chappell
11/28/2018Whaley v. Commissioner of Social Security
2:17-cv-00324-SPC-CM
ORDER adopting [27] REPORT AND RECOMMENDATIONS re [26] Unopposed MOTION for Attorney Fees pursuant to 28 U.S.C. 2312(d) filed by Jennifer L. Whaley. The Report and Recommendation (Doc. [27]) is ACCEPTED and ADOPTED and the findings
Judge Sheri Polster Chappell
11/27/2018Jones v. Bank of America
2:18-cv-00649-SPC-UAM
ORDER denying as moot [25] Plaintiff's Motion. Signed by Magistrate Judge Carol Mirando on 2018-11-27. (APH)
Judge Sheri Polster Chappell
11/27/2018Samson v. City of Naples
2:18-cv-00274-SPC-UAM
ORDER granting [28] Unopposed Motion for an Extension of Pre-Trial Deadlines. An amended CMSO will be issued by separate Order. Signed by Magistrate Judge Carol Mirando on 2018-11-27. (DRS)
Judge Sheri Polster Chappell
11/26/2018Mutka v. Top Hat Imports, LLC
2:18-cv-00539-SPC-MRM
ORDER granting [16] Plaintiff James Mutka's Motion for Final Default Judgment. The Court will hold a hearing to determine damages on Mutka's claims on December 20, 2018, at 9:30 a.m. in Courtroom 5D of the United States Courthouse and
Judge Sheri Polster Chappell
11/26/2018Morse v. Florida Attorney General et al
2:16-cv-00380-SPC-CM
OPINION AND ORDER denying re: [24] MOTION for certificate of appealability. Pursuant to 28 U.S.C. § 1915(a)(3) and Fed. R. App. P. 24(a)(4), the Court certifies that this appeal is not taken in good faith and the Clerk shall immediately fo
Judge Sheri Polster Chappell
11/20/2018USA v. Sunderlage
2:18-cr-00178-SPC-MRM
ORDER re Sentencing set for 2/19/2019 at 2:00 PM as to Tracy L. Sunderlage. Signed by Judge Sheri Polster Chappell on 2018-11-20. (LMF)
Judge Sheri Polster Chappell
11/20/2018Jones v. Bank of America
2:18-cv-00649-SPC-UAM
ORDER denying [14] Plaintiff's Motion, construed as a Motion for Reconsideration. Signed by Magistrate Judge Carol Mirando on 2018-11-20. (APH)
Judge Sheri Polster Chappell
11/20/2018USA v. Bennett
2:18-cr-00092-SPC-MRM
ORDER re Sentencing set for 2/19/2019 at 1:30 PM as to Jordan M. Bennett. Signed by Judge Sheri Polster Chappell on 2018-11-20. (LMF)
Judge Sheri Polster Chappell
11/19/2018Hernandez v. Circle K Stores Inc.
2:18-cv-00722-SPC-CM
ORDER re [6] Stipulation filed by Circle K Stores Inc. The Parties' Amended Joint Stipulation for Remand to State Court (Doc. [6]) is GRANTED.The case is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Collier
Judge Sheri Polster Chappell
11/19/2018Perry v. Rohoho, Inc.
2:18-cv-00668-SPC-MRM
ORDER granting [12] Defendant Rohoho, Inc.'s Unopposed Motion to Compel Arbitration and Stay Proceedings. This case is STAYED until the parties advise the Court that (1) arbitration has been completed and (2) the stay is due to be lifted or
Judge Sheri Polster Chappell
11/19/2018Jones v. Bank of America
2:18-cv-00649-SPC-UAM
ORDER denying as moot [18] Plaintiff's Motion to Add Exhibit to His Motion; granting [20] Plaintiff's Motion to Explain the Delay Case Order and Track Two Notice. Plaintiff's Motion [20] is granted to the extent that Plaintiff'
ORDER denying without prejudice [17] Defendants Bank of America, N.A. and Reverse Mortgage Solutions, Inc.'s Motion to Dismiss. Signed by Judge Sheri Polster Chappell on 2018-11-19. (LMF)
Judge Sheri Polster Chappell
11/19/2018Matthews v. Act of Class Moving & Storage, LLC et al
2:18-cv-00352-SPC-MRM
ORDER denying without prejudice [60] Defendants' Verified Motion for Summary Judgment. Defendants may file an amended motion for summary judgment that complies with the undersigned's procedures on or before November 26, 2018. Plaintif
Judge Sheri Polster Chappell
11/19/2018Lamirand et al v. Fay Servicing, LLC
2:18-cv-00333-SPC-MRM
ORDER adopting [25] REPORT AND RECOMMENDATIONS re [23] MOTION to Strike [22] Amended Answer to Complaint filed by Tracy Lamirand, Charles Lamirand. United States Magistrate Judge Mac R. McCoy's Report and Recommendatio
Judge Sheri Polster Chappell
11/19/2018Germain v. Collier Food & Beverage, Inc. et al
2:18-cv-00008-SPC-MRM
ORDER adopting [34] REPORT AND RECOMMENDATIONS re [33] Amended MOTION for Settlement Joint Motion to Approve filed by Collier Food & Beverage, Inc., Joseph Dinunzio. United States Magistrate Judge Mac R. McCoy's Report and Re
Judge Sheri Polster Chappell
11/19/2018USA v. Gladys
2:16-cr-00111-SPC-MRM
AMENDED JUDGMENT as to Michelle Elizabeth Gladys (1), Count(s) 1, Signed by Judge Sheri Polster Chappell on 2018-11-19. (LMF)
Judge Sheri Polster Chappell
11/19/2018USA v. Davanzo
2:15-cr-00141-SPC-MRM
ORDER granting [230] Motion for Forfeiture of Property as to Thomas Davanzo (1). Signed by Judge Sheri Polster Chappell on 2018-11-19. (LMF)
Judge Sheri Polster Chappell
11/16/2018USA v. Perez-Lopez
2:18-cr-00149-SPC-CM
ORDER re Sentencing set for 1/14/2019 at 10:15 AM as to Alex Perez-Lopez. Signed by Judge Sheri Polster Chappell on 2018-11-16. (LMF)
Judge Sheri Polster Chappell
11/16/2018Taylor v. Berry
2:18-cv-00464-SPC-MRM
ORDER adopting [8] REPORT AND RECOMMENDATIONS re [2] MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by OB Taylor. The Report and Recommendation is ACCEPTED and ADOPTED and the findings incorporated herein. Plain
Judge Sheri Polster Chappell
11/16/2018Gensheimer v. Vision Ace Hardware, LLC
2:18-cv-00422-SPC-MRM
ORDER granting in part and denying in part [37] Defendant Vision Ace Hardware, LLC's Motion to Dismiss Plaintiff's Amended Complaint. Count I is DISMISSED without prejudice. Plaintiff William Gensheimer may file a Second Amended Compla
Judge Sheri Polster Chappell
11/16/2018Marlowe et al v. Ironshore Specialty Insurance Company
2:18-cv-00245-SPC-MRM
REPORT AND RECOMMENDATION recommending [32] Motion to Compel Appraisal be granted. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 2018-11-16. (brh)
Judge Sheri Polster Chappell
11/16/2018Real v. The City of Fort Myers et al
2:18-cv-00074-SPC-MRM
ORDER granting [40]and [42] Defendants City of Fort Myers' and Gloria Camacho's motions to dismiss the Second Amended Complaint Plaintiff Mamberto Real's motion for default judgment (Doc. [47]) is DENIED. Plaintiff Mamberto Real�
Judge Sheri Polster Chappell
11/16/2018Weber v. Paramount Transportation Logistics Services, LLC et al
2:17-cv-00627-SPC-CM
ORDER adopting [55] REPORT AND RECOMMENDATIONS re [52] Joint MOTION for miscellaneous relief, specifically Approval of Settlement and Incorporated Memorandum of Law filed by Thomas Weber. The Report and Recommendation (Doc. [55])
Judge Sheri Polster Chappell
11/14/2018Worley v. Prummell (Charlotte County)
2:18-cv-00671-SPC-CM
OPINION AND ORDER dismissing re: [1] Petition for writ of habeas corpus. The Clerk of Court shall terminate any pending motions and close this file. Petitioner is not entitled to a certificate of appealability. Signed by Judge Sheri Polster Ch
Judge Sheri Polster Chappell
11/14/2018Salvador v. Lopez-Enriquez
2:18-cv-00643-SPC-CM
OPINION AND ORDER dismissing without prejudice pursuant to M.D.Fla.R.3.10(a) re: [1] Complaint. The Clerk of Court shall terminate any outstanding motions and close this case. Signed by Judge Sheri Polster Chappell on 2018-11-14. (SLU)
Judge Sheri Polster Chappell
11/14/2018USA v. Corzo-Nunez
2:18-cr-00166-SPC-CM
ORDER re Sentencing set for 1/22/2019 at 1:45 PM as to Adrian Corzo-Nunez. Signed by Judge Sheri Polster Chappell on 2018-11-14. (LMF)
Judge Sheri Polster Chappell
11/14/2018Shaw v. Carroll (Dade County)
2:18-cv-00566-SPC-MRM
OPINION AND ORDER dismissing as moot re: [1] Petition for writ of habeas corpus. The Clerk of Court is directed to enter judgment accordingly, terminate any pending motions and deadlines, and close the case. Signed by Judge Sheri Polster Chappel
Judge Sheri Polster Chappell
11/14/2018Elwadi v. Yassir Alam, LLC et al
2:17-cv-00646-SPC-CM
REPORT AND RECOMMENDATION re [49] Defendants' Verified Motion for Attorney's Fees, recommending the motion be denied. Signed by Magistrate Judge Carol Mirando on 2018-11-14. (APH)
Judge Sheri Polster Chappell
11/14/2018Encarnacion v. Financial Corporation of America
2:17-cv-00566-SPC-UAM
REPORT AND RECOMMENDATION recommending [31] Plaintiff's Motion for Class Certification Pursuant to FRCP 23 be GRANTED. Signed by Magistrate Judge Carol Mirando on 2018-11-14. (DRS)
Judge Sheri Polster Chappell
11/13/2018Myeress v. Marmont Hill, Inc. et al
2:18-cv-00438-SPC-UAM
ORDER denying without prejudice for failure to comply with Local Rule 3.01(g) [41] Motion to Strike Affirmative Defenses. Signed by Magistrate Judge Carol Mirando on 2018-11-13. (DRS)
Judge Sheri Polster Chappell
11/13/2018Whaley v. Commissioner of Social Security
2:17-cv-00324-SPC-CM
REPORT AND RECOMMENDATION recommending [26] Plaintiff's Uncontested Petition for EAJA Fees Pursuant to 28 U.S.C. 2412(d) be GRANTED, and attorneys' fees in the total amount of $7,909.87 be awarded to Plaintiff pursuant to the Equa
Judge Sheri Polster Chappell
11/09/2018Estate of Cedric Raynard Stubbs v. Federal National Mortgage Association et al
2:18-cv-00738-SPC-MRM
ORDER re [1] Complaint filed by Dechanta Catrecia El, Cedric Raynard Stubbs, Cirdec Dranyar El. The Complaint (Doc. [1]) is DISMISSED without prejudice. Plaintiffs may file an amended complaint on or before November 30, 2018, in accordance with
Judge Sheri Polster Chappell
11/09/2018Cartegena v. Salson Logistics, Inc.
2:18-cv-00734-SPC-MRM
ORDER re [1] Notice of Removal filed by Salson Logistics, Inc. Defendant Salson Logistics, Inc. must SUPPLEMENT the Notice of Removal as set forth in this Order on or before November 23, 2018, to show cause why this case (a) should not be re
Judge Sheri Polster Chappell
11/09/2018USA v. Arellano-Chavez
2:18-cr-00176-SPC-MRM
ORDER re Sentencing set for 1/22/2019 at 2:45 PM as to Daniel Arellano-Chavez. Signed by Judge Sheri Polster Chappell on 11/9/2018. (LMF)
Judge Sheri Polster Chappell
11/09/2018USA v. Rodriguez-Martinez
2:18-cr-00162-SPC-MRM
ORDER re Sentencing set for 1/22/2018 at 2:30 PM as to Joel Rodriguez-Martinez. Signed by Judge Sheri Polster Chappell on 11/9/2018. (LMF)
Judge Sheri Polster Chappell
11/09/2018Adams v. Wildcat Renovation, LLC
2:18-cv-00628-SPC-CM
ORDER re [16] Stipulation of Dismissal filed by Vicki Adams. The Joint Stipulation of Dismissal With Prejudice (Doc. [16]) is GRANTED. The Clerk is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close
Judge Sheri Polster Chappell
11/09/2018USA v. Tomas
2:18-cr-00103-SPC-CM
JUDGMENT as to Antonio Tomas (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 11/9/2018. (LMF)
Judge Sheri Polster Chappell
11/09/2018USA v. Bartolon-Velasquez
2:18-cr-00099-SPC-CM
JUDGMENT as to Oscar Florez Bartolon-Velasquez (1), Count(s) 1, Imprisonment: 12 months and 1 day; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 11/9/2018. (LMF)
Judge Sheri Polster Chappell
11/09/2018USA v. Garcia
2:18-cr-00068-SPC-MRM
ENDORSED ORDER granting Defendant Juan Carlos Alfaro Garcia's Motion to Withdraw Plea of Guilty (Doc. [36]) and Motion to Continue (Doc. [37]). This case is set for a status conference on November 13, 2018, at 9:30 a.m. before the Honorable J
Judge Sheri Polster Chappell
11/08/2018USA v. Aguilar-Martinez
2:18-cr-00146-SPC-MRM
JUDGMENT as to Norberto Aguilar-Martinez (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 11/8/2018. (LMF)
Judge Sheri Polster Chappell
11/08/2018USA v. Matias-Argueta
2:18-cr-00113-SPC-MRM
JUDGMENT as to Jildardo Matias-Argueta (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 11/8/2018. (LMF)
Judge Sheri Polster Chappell
11/08/2018USA v. Mejia-Nava
2:18-cr-00115-SPC-CM
JUDGMENT as to Florentino Mejia-Nava (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 11/8/2018. (LMF)
Judge Sheri Polster Chappell
11/08/2018USA v. Valiente-Flores
2:18-cr-00112-SPC-CM
JUDGMENT as to Juan Valiente-Flores (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 11/8/2018. (LMF)
Judge Sheri Polster Chappell
11/08/2018USA v. Vincente-Diego
2:18-cr-00104-SPC-CM
JUDGMENT as to Pascual Vicente-Diego (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 11/8/2018. (LMF)
Judge Sheri Polster Chappell
11/08/2018Hastings v. Rosenberg
2:18-cv-00510-SPC-UAM
ORDER granting [7] Motion for Extension of Time, also construed as a Motion for Clarification. Plaintiff shall have up to and including November 28, 2018 to file an amended complaint consistent with the directives set forth in the October 15, 201
Judge Sheri Polster Chappell
11/08/2018Weber v. Paramount Transportation Logistics Services, LLC et al
2:17-cv-00627-SPC-CM
REPORT AND RECOMMENDATION recommending [52] the Renewed Joint Motion for Approval of Settlement and Incorporated Memorandum of Law be GRANTED. Signed by Magistrate Judge Carol Mirando on 11/8/2018. (APH)
Judge Sheri Polster Chappell
11/07/2018USA v. Diaz-Diaz
2:18-cr-00165-SPC-CM
ORDER re Sentencing set for 1/22/2019 at 2:15 PM as to Ambrosio Diaz-Diaz. Signed by Judge Sheri Polster Chappell on 11/7/2018. (LMF)
(Duplicate entry) ORDER re Sentencing set for 1/22/2019 at 2:15 PM as to Ambrosio Diaz-Diaz. Signed by Judge Sheri Polster Chappell on 11/7/2018. (LMF) Modified on 11/8/2018 (LMF).
Judge Sheri Polster Chappell
11/07/2018Vela v. Sunnygrove Landscape & Irrigation Maintenance, LLC
2:18-cv-00165-SPC-MRM
ORDER adopting [21] REPORT AND RECOMMENDATIONS re [19] REPORT AND RECOMMENDATIONS re [18] Joint MOTION for Settlement Approval filed by Sunnygrove Landscape & Irrigation Maintenance, LLC., [20] Amended MOTION for Settlement Approval fi
Judge Sheri Polster Chappell
11/06/2018Contreras v. Lexington Insurance Company
2:18-cv-00676-SPC-CM
ORDER re [8] Order directing parties to supplement Notice of Removal. This case is REMANDED back to the state court. The Clerk of Court is DIRECTED to remand this case to the Circuit Court of the Twentieth Judicial Circuit in and for Collier Cou
Judge Sheri Polster Chappell
11/06/2018Jones v. Bank of America
2:18-cv-00649-SPC-UAM
ORDER denying [9] Plaintiff's Motion for Recusal. Signed by Magistrate Judge Carol Mirando on 11/6/2018. (APH)
Judge Sheri Polster Chappell
11/06/2018Downtown Village Square II, LLC v. Scottsdale Insurance Company
2:18-cv-00615-SPC-MRM
ORDER granting in part and denying in part [3] Defendant Scottsdale Insurance Company's Motion to Compel Appraisal, Abate All Proceedings, and to Dismiss the Complaint. SEE ORDER FOR DETAILS. Signed by Judge Sheri Polster Chappell on 11/6/2
Judge Sheri Polster Chappell
11/06/2018Matthews v. Act of Class Moving & Storage, LLC et al
2:18-cv-00352-SPC-MRM
ORDER. The Court designates James L. Nulman as the mediator for this case. The parties shall contact Mr. Nulman's office to schedule the mediation. Signed by Judge Sheri Polster Chappell on 11/6/2018. (LMF)
Judge Sheri Polster Chappell
11/02/2018Nunez v. United States of America
2:18-cv-00708-SPC-UAM
ORDER re [1] MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 2:17-cr-87-FtM-38CM filed by Sila Nunez. SEE ORDER FOR INSTRUCTIONS AND DETAILS. Signed by Judge Sheri Polster Chappell on 11/2/2018. (LMF)
Judge Sheri Polster Chappell
11/02/2018Germain v. Collier Food & Beverage, Inc. et al
2:18-cv-00008-SPC-MRM
REPORT AND RECOMMENDATION recommending [33] Renewed and Amended Joint Motion to Approve Amended Settlement Agreement be granted. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 11/2/2018. (brh)
Judge Sheri Polster Chappell
11/02/2018USA v. Shutt
2:17-cr-00083-SPC-MRM
ORDER granting in part and denying in part [147] Defendant Dillon Shutt's Motion for Amendment of Judgment. Shutt must self-surrender to the United States Marshal on November 21, 2018, or upon designation of the Bureau of Prisons, whichever
Judge Sheri Polster Chappell
11/02/2018Bicknell et al v. U-Haul Co of Florida
2:17-cv-00374-SPC-CM
ORDER dismissing case. The case is DISMISSED with prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate all pending motions and deadlines, and close the file. Signed by Judge Sheri Polster Chappell on 11/2/2018. (LMF)
Judge Sheri Polster Chappell
11/02/2018Krauel v. Inspec International, Inc.
2:17-cv-00314-SPC-MRM
ORDER adopting [47] REPORT AND RECOMMENDATIONS re [45] Joint MOTION for Settlement Approval and Dismissal with Prejudice filed by Arlys Krauel. The Report and Recommendation (Doc. 47) is ACCEPTED and ADOPTED. The parties' Joint Motion
Judge Sheri Polster Chappell
11/01/2018USA v. Cortez-Guadron
2:18-cr-00173-SPC-CM
ORDER re Sentencing set for 1/22/2019 at 2:00 PM as to Jose Cortez-Guadron. Signed by Judge Sheri Polster Chappell on 11/1/2018. (LMF)
Judge Sheri Polster Chappell
11/01/2018Thompson v. United States of America
2:18-cv-00608-SPC-UAM
ORDER re [1] MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 2:16-cr-136-FtM-38CM filed by George Vance Thompson, III. SEE ORDER FOR INSTRUCTIONS AND DETAILS. Signed by Judge Sheri Polster Chappell on 11/1/2018. (L
Judge Sheri Polster Chappell
11/01/2018Coote v. United States of America
2:18-cv-00579-SPC-MRM
ORDER re [1] MOTION to Vacate, Set Aside or Correct Sentence (2255) Criminal Case No. 2:16-cr-46-FtM-38MRM filed by Shevon Okeele Coote. SEE ORDER FOR INSTRUCTIONS AND DETAILS. (LMF)
Judge Sheri Polster Chappell
11/01/2018USA v. Sanchez
2:17-cr-00136-SPC-MRM
ORDER denying [33] Defendant Romeo Valentin Sanchez's Motion to Suppress. Signed by Judge Sheri Polster Chappell on 11/1/2018. (LMF)
Judge Sheri Polster Chappell
10/31/2018USA v. Jeronimo-Hernandez
2:18-cr-00156-SPC-CM
ORDER re Sentencing 1/7/2019 at 10:15 AM as to Hector Alejandro Jeronimo-Hernandez. Signed by Judge Sheri Polster Chappell on 2018-10-31. (LMF)
Judge Sheri Polster Chappell
10/31/2018USA v. Cano-Gonzalez
2:18-cr-00153-SPC-MRM
ORDER re Sentencing set for 1/22/2019 at 1:45 PM as to Oscar Cano-Gonzalez. Signed by Judge Sheri Polster Chappell on 2018-10-31. (LMF) (Additional attachment(s) added on 11/1/2018: # (1) Main Document) (LMF).
Judge Sheri Polster Chappell
10/31/2018USA v. Camacho-Ochoa
2:18-cr-00132-SPC-CM
ORDER re Sentencing set for 1/7/2019 at 10:30 AM as to Isaias Camacho-Ochoa Signed by Judge Sheri Polster Chappell on 2018-10-31. (LMF)
Judge Sheri Polster Chappell
10/31/2018USA v. Huete-Flores
2:18-cr-00119-SPC-CM
ORDER re Sentencing as to Modesto Huete-Flores. Signed by Judge Sheri Polster Chappell on 2018-10-31. (LMF)
Judge Sheri Polster Chappell
10/31/2018Lamirand et al v. Fay Servicing, LLC
2:18-cv-00333-SPC-MRM
REPORT AND RECOMMENDATION recommending [23] Motion to Strike Defendant's Amended Affirmative Defenses be granted in part and denied in part. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 2018-10-31.
Judge Sheri Polster Chappell
10/31/2018Encarnacion v. Financial Corporation of America
2:17-cv-00566-SPC-UAM
ORDER denying [39] Motion to Stay. Signed by Magistrate Judge Carol Mirando on 2018-10-31. (DRS)
Judge Sheri Polster Chappell
10/30/2018Leon v. Integon National Insurance Company
2:18-cv-00673-SPC-CM
ORDER granting [3] Defendant Integon National Insurance Company's Motion to Dismiss Plaintiff's Complaint. Plaintiff Anahidia Leon is given leave to file an amended complaint on or before November 13, 2018. If the Complaint is not time
Judge Sheri Polster Chappell
10/30/2018Gibbs v. MLK Express Services, LLC et al
2:18-cv-00434-SPC-MRM
ORDER granting [55] Defendant AG Plus Express, LLC's Unopposed Motion for Leave to File an Amended Motion to Dismiss. a. AG Express' Motion to Dismiss (Doc. [52]) is DENIED as moot. AG Express must file its amended motion to dismiss on
Judge Sheri Polster Chappell
10/30/2018West v. Secretary, DOC et al
2:16-cv-00694-SPC-UAM
OPINION AND ORDER denying re: [104] MOTION to Dismiss amended complaint. Defendants shall file an answer to Plaintiff's Amended Complaint within twenty (20) days of the date of this Order. Signed by Judge Sheri Polster Chappell on 10/30/
Judge Sheri Polster Chappell
10/29/2018Taylor v. Berry
2:18-cv-00464-SPC-MRM
REPORT AND RECOMMENDATION recommending [2] Affidavit of Indigency construed as a Motion to Proceed In Forma Pauperis be denied and this action be dismissed. Signed by Magistrate Judge Mac R. McCoy on 2018-10-29. (brh)
Judge Sheri Polster Chappell
10/26/2018USA v. Dejesus-Fuentes
2:18-cr-00138-SPC-MRM
ORDER re Sentencing set for 1/14/2019 at 10:45 AM as to Kerlin Dejesus-Fuentes. Signed by Judge Sheri Polster Chappell on 2018-10-26. (LMF)
Judge Sheri Polster Chappell
10/26/2018Krauel v. Inspec International, Inc.
2:17-cv-00314-SPC-MRM
REPORT AND RECOMMENDATION recommending [45] Joint Motion for Approval of Settlement Agreement and Dismissal With Prejudice be granted. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 2018-10-26. (brh)
Judge Sheri Polster Chappell
10/25/2018USA v. Neri-Lopez
2:18-cr-00168-SPC-UAM
ORDER re Sentencing set for 1/22/2019 at 10:30 AM as to Lucero Neri-Lopez. Signed by Judge Sheri Polster Chappell on 2018-10-25. (LMF)
Judge Sheri Polster Chappell
10/25/2018Myeress v. Marmont Hill, Inc. et al
2:18-cv-00438-SPC-UAM
ORDER denying [26] Defendants Marmont Hill, Inc, and Parvez Taj's Motion to Dismiss. Defendants must file an answer to the Complaint on or before November 8, 2018. Signed by Judge Sheri Polster Chappell on 2018-10-25. (LMF)
Judge Sheri Polster Chappell
10/25/2018Short v. Immokalee Water & Sewage District
2:18-cv-00124-SPC-UAM
ORDER granting [45] Defendant Immokalee Water & Sewage District's Motion to Dismiss Plaintiff's Claims under 42 U.S.C. §§ 1981 and 1983 With Prejudice. The Clerk of Court is DIRECTED to enter judgment accordingly, terminate a
Judge Sheri Polster Chappell
10/25/2018Collier County v. RTG, LLC
2:17-cv-00014-SPC-CM
ORDER adopting [62] REPORT AND RECOMMENDATIONS re [55] Second MOTION for Attorney Fees and Incorporated Memorandum of Law filed by RTG, LLC, [59] MOTION for Attorney Fees filed by RTG, LLC. United States Magistrate Judge Carol M
Judge Sheri Polster Chappell
10/24/2018Whitehead v. Ocwen Loan Servicing, LLC
2:18-cv-00470-SPC-MRM
ORDER denying [13] Defendant's Motion to Dismiss. Defendant shall file an Answer to the Complaint within FOURTEEN (14) DAYS of this Opinion and Order. Signed by Judge Sheri Polster Chappell on 2018-10-24. (LMF)
Judge Sheri Polster Chappell
10/24/2018USA v. Pena
2:18-cr-00092-SPC-MRM
ORDER granting [67] Motion for Forfeiture of Property as to Hector E. Pena (1). Signed by Judge Sheri Polster Chappell on 2018-10-24. (LMF)
Judge Sheri Polster Chappell
10/24/2018Miller et al v. The City of Fort Myers et al
2:18-cv-00195-SPC-UAM
ORDER denying without prejudice [18] Defendants' Motion to Dismiss. The parties must file a status update on settlement on or before December 3, 2018. Defendants must file an answer or renewed response to the Amended Complaint on or before
Judge Sheri Polster Chappell
10/23/2018Contreras v. Lexington Insurance Company
2:18-cv-00676-SPC-CM
ORDER. Defendant Lexington Insurance Company must SUPPLEMENT the Notice of Removal as set forth in this Order on or before October 31, 2018, to show cause why this case should not be remanded for lack of subject matter jurisdiction. Failure to c
Judge Sheri Polster Chappell
10/23/2018United States of America et al v. Lee Memorial Health System
2:14-cv-00437-SPC-UAM
ORDER granting in part and denying in part [81] Joint Motion for Enlargement of Time for Responsive Pleadings Following Service of Relator's First Amended Complaint. Defendant shall have up to and including November 12, 2018 to respond to th
Judge Sheri Polster Chappell
10/23/2018Nance v. Sally Beauty Supply LLC
2:18-cv-00474-SPC-UAM
ORDER granting [11] Plaintiff Rosie Nance's Motion to Compel Arbitration and to Stay. Signed by Judge Sheri Polster Chappell on 2018-10-23. (LMF)
Judge Sheri Polster Chappell
10/23/2018George & Company LLC v. Cardinal Industries, Inc. et al
2:18-cv-00154-SPC-MRM
ORDER denying [47] Plaintiff George & Company LLC's Motion for Rehearing and Reconsideration. Plaintiff George & Company LLC's Motion for Leave to File Third Amended Complaint (Doc. [49]) is GRANTED. The Clerk is directed to file the T
Judge Sheri Polster Chappell
10/23/2018USA v. Rocher
2:17-cr-00107-SPC-MRM
ORDER granting [92] Motion for Forfeiture of Property as to Oliver Rocher (1). Signed by Judge Sheri Polster Chappell on 2018-10-23. (LMF)
Judge Sheri Polster Chappell
10/23/2018USA v. Shutt
2:17-cr-00083-SPC-MRM
JUDGMENT as to Dillon Shutt (1), Count(s) 1-2, Imprisonment: 135 months - Count 1, 120 months - Count 2, concurrent; Supervised Release: 15 years, each count concurrent; Restitution: Reserved; Special Assessment: $200.00. Signed by Judge Sh
Judge Sheri Polster Chappell
10/22/2018Corpus v. Lamour
2:16-cv-00620-SPC-MRM
OPINION AND ORDER re: granting [54] MOTION for summary judgment. The Clerk of Court is directed to enter judgment accordingly, terminate all pending motions and deadlines and close the case. Signed by Judge Sheri Polster Chappell on 10/19/20
Judge Sheri Polster Chappell
10/18/2018USA v. Anaya-Hernandez
2:18-cr-00106-SPC-CM
ORDER re Sentencing set for 1/7/2019 at 9:30 AM as to Antonio Anaya-Hernandez. Signed by Judge Sheri Polster Chappell on 2018-10-18. (LMF)
Judge Sheri Polster Chappell
10/18/2018USA v. Vargas-Hernandez
2:18-cr-00121-SPC-CM
ORDER re Sentencing set for 1/7/2019 at 9:45 AM as to Cristopher Adrian Vargas-Hernandez. Signed by Judge Sheri Polster Chappell on 2018-10-18. (LMF)
Judge Sheri Polster Chappell
10/18/2018Manso v. D. & R. Granite and Marble, LLC et al
2:18-cv-00283-SPC-MRM
ORDER adopting [23] REPORT AND RECOMMENDATIONS re [2] Complaint filed by Reinaldo Manso. The Report and Recommendation (Doc. [23]) is ACCEPTED and ADOPTED and the findings are incorporated herein. The Settlement Agreement (Doc. 21-1) are sev
Judge Sheri Polster Chappell
10/18/2018USA v. Gladys
2:16-cr-00111-SPC-MRM
ORDER granting [53] the Unopposed Motion by the United States for Reduction in Sentence Pursuant to Fed. R. Crim. P. 35(b) (Doc. 53) is GRANTED. An amended judgment reflecting a sentence of time served will be issued under separate cover. Signed
Judge Sheri Polster Chappell
10/17/2018USA v. Benitez-Hernandez
2:18-cr-00139-SPC-CM
ORDER re Sentencing set for 1/7/2019 at 11:00 AM as to Edgar Benitez-Hernandez. Signed by Judge Sheri Polster Chappell on 2018-10-17. (LMF)
Judge Sheri Polster Chappell
10/17/2018USA v. Pena
2:18-cr-00092-SPC-MRM
ORDER re Sentencing set for 1/7/2019 at 10:30 AM as to Hector E. Pena. Signed by Judge Sheri Polster Chappell on 2018-10-17. (LMF)
Judge Sheri Polster Chappell
10/17/2018USA v. Shutt
2:17-cr-00083-SPC-MRM
ORDER denying Shutt's Motion for Permission to File Oversized Brief (Doc. [124]); Amended Motion to Re-Open Competency Hearing; To Vacate Plea Due to Factual Innocence, Legal Innocence, Incompetence of Mr. Shutt, Critical Mistakes of Fact in
Judge Sheri Polster Chappell
10/17/2018Methelus et al v. The School Board Of Collier County, Florida et al
2:16-cv-00379-SPC-MRM
AMENDED OPINION AND ORDER re: [198] Order Adopting Report and Recommendations. Signed by Judge Sheri Polster Chappell on 2018-10-17. (LMF)
Judge Sheri Polster Chappell
10/16/2018United States of America et al v. Lee Memorial Health System
2:14-cv-00437-SPC-UAM
ORDER granting in part and denying in part [72] Defendant's Second Emergency Motion to Re-Seal Certain Exhibits and Related Portions of Relator's Initial Complaint and First Amended Complaint With Incorporated Memorandum of Law. The Cle
Judge Sheri Polster Chappell
10/16/2018Mutka v. Top Hat Imports, LLC
2:18-cv-00539-SPC-MRM
ORDER re [10] Response to order to show cause filed by James Mutka.The Court will take no further action on its Order dated October 10, 2018 (Doc. [9]). Plaintiff James Mutka must move for a clerk's default on or before October 30, 2018,
OPINION AND ORDER. The Court will take no further action on its Order dated October 10, 2018 (Doc. [9]). Plaintiff James Mutka must move for a clerk's default on or before October 30, 2018, if Defendant Top Hat Imports, LLC has not yet respo
Judge Sheri Polster Chappell
10/16/2018Myeress v. Marmont Hill, Inc. et al
2:18-cv-00438-SPC-UAM
ORDER denying [32] Defendants' Motion to Stay Case Management Deadlines; granting [35] Unopposed Motion to Enlarge Time to Add Parties or to Amend Pleadings. Defendants shall have FOURTEEN (14) DAYS following the Court's resolution of
Judge Sheri Polster Chappell
10/16/2018USA v. Melus
2:15-cr-00093-SPC-MRM
JUDGMENT as to Sijames Melus (2), Count(s) 1, Dismissed; Count(s) 1s, Imprisonment: 46 months; Supervised Release: 36 months; Special Assessment: $100.00; Restitution: $1,691,771.33. Signed by Judge Sheri Polster Chappell on 10/16/20
Judge Sheri Polster Chappell
10/15/2018Linstol USA, LLC v. Midway Advanced Products, LLC
2:18-cv-00669-SPC-UAM
ORDER re [1] Complaint filed by Linstol USA, LLC. The Complaint (Doc. [1]) is DISMISSED without prejudice. Plaintiff Linstol USA, LLC, may file an amended complaint on or before October 22, 2018. Failure to timely to do so will result in the
Judge Sheri Polster Chappell
10/15/2018USA v. Us-Mejia
2:18-cr-00108-SPC-MRM
JUDGMENT as to Francisco Us-Mejia (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 2018-10-15. (LMF)
Judge Sheri Polster Chappell
10/15/2018Scippio v. Peopleready, Florida, Inc.
2:18-cv-00344-SPC-CM
ORDER adopting [19] REPORT AND RECOMMENDATIONS re [18] Joint MOTION for Settlement Approval filed by Peopleready, Florida, Inc. United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc. [19]) is ACCEPTED an
Judge Sheri Polster Chappell
10/15/2018Mercoglan v. Charlotte County Board of County Commissioners
2:18-cv-00209-SPC-MRM
ORDER granting [45] Defendant Charlotte County's Motion to Dismiss Counts IV, VI, and VII of Plaintiff Robert Mercoglan's Third Amended Complaint and Unopposed Motion to Strike Plaintiff's Claims for Punitive Damages in Counts III,
Judge Sheri Polster Chappell
10/10/2018USA v. Martin
2:18-cr-00098-SPC-MRM
JUDGMENT as to Santiago Martin (1), Count(s) 1, Imprisonment: 6 months; Supervised Release: 12 months: Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 2018-10-10. (LMF)
Judge Sheri Polster Chappell
10/10/2018Alvarez v. Florida Motorsports, LLC
2:18-cv-00424-SPC-CM
ORDER adopting [24] REPORT AND RECOMMENDATIONS re [23] Second MOTION for Settlement Approval filed by Florida Motorsports, LLC. United States Magistrate Judge Carol Mirando's Report and Recommendation (Doc.[24]) is ACCEPTED and
Judge Sheri Polster Chappell
10/10/2018USA v. Bautista
2:18-cr-00085-SPC-MRM
JUDGMENT as to Luis Garcia Bautista (1), Count(s) 1, Imprisonment: 10 months; Supervised Release: 12 months; Special Assessment: 100.00. Signed by Judge Sheri Polster Chappell on 2018-10-10. (LMF)
Judge Sheri Polster Chappell
10/10/2018USA v. Alonso
2:18-cr-00064-SPC-CM
JUDGMENT as to Alexander M. Alonso (1), Count(s) 1, Probation: 12 months; Restitution: $45.73; Special Assessment: $25.00. Signed by Judge Sheri Polster Chappell on 2018-10-10. (LMF)
Judge Sheri Polster Chappell
10/10/2018USA v. Stubbs
2:18-cr-00043-SPC-CM
JUDGMENT as to Trista Jayne Stubbs (1), Count(s) 1, Probation: 36 months; Restitution: $4,600.00; Forfeiture: $4,600.00; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 2018-10-10. (LMF)
Judge Sheri Polster Chappell
10/10/2018USA v. Lopez-Ramirez
2:17-cr-00095-SPC-MRM
JUDGMENT as to Antonio Lopez-Ramirez (1), 1, 2, Imprisonment: 41 months, concurrent; Supervised Release: 5 years - 3 years as to Count 1, 5 years as to Count 2: Special Assessment: 200.00.Signed by Judge Sheri Polster Chappell on 2018-10-10. (LM
Judge Sheri Polster Chappell
10/10/2018Collier County v. RTG, LLC
2:17-cv-00014-SPC-CM
REPORT AND RECOMMENDATION re [55] Defendant, RTG LLC's, Motion for Attorneys' Fees; [59] Appellee RTG, LLC's Motion for Attorneys' Fees. Signed by Magistrate Judge Carol Mirando on 2018-10-10. (DRS)
Judge Sheri Polster Chappell
10/09/2018Spears v. SHK Consulting and Development, Inc. et al
2:18-cv-00286-SPC-MRM
ORDER re [50] Stipulation of Dismissal filed by Daniel C. Spears, Jr. The parties' Stipulation of Dismissal (Doc. [50]) is DENIED without prejudice. Signed by Judge Sheri Polster Chappell on 10/9/2018. (LMF)
Judge Sheri Polster Chappell
10/09/2018Samson v. City of Naples
2:18-cv-00274-SPC-UAM
ORDER granting [25] City of Naples' Motion for City Officials to Attend Mediation Without Full Authority to Settle. See Order for details. Signed by Magistrate Judge Carol Mirando on 10/9/2018. (DRS)
Judge Sheri Polster Chappell
10/05/2018USA v. Garcia
2:18-cr-00094-SPC-MRM
ORDER re Sentencing set for 2018-12-17 at 9:45 AM as to Pedro Linares Garcia. Signed by Judge Sheri Polster Chappell on 10/5/2018. (LMF)
Judge Sheri Polster Chappell
10/05/2018Witowski v. Achieva Credit Union
2:18-cv-00428-SPC-UAM
ORDER denying [16] Defendant Achieva Credit Union's Motion for Judgment on the Pleadings. Achieva Credit Union must file an amended answer to the Complaint on or before October 18, 2018. Signed by Judge Sheri Polster Chappell on 10/5/2018.
Judge Sheri Polster Chappell
10/04/2018Lee Memorial Health System v. Lexington Insurance Company et al
2:18-cv-00617-SPC-UAM
OPINION AND ORDER dismissing [1] Complaint filed by Lee Memorial Health System for lack of subject-matter jurisdiction without prejudice to filing an Amended Complaint within 7 days of this Order. Signed by Judge John E. Steele on 10/4/2018.
Judge Sheri Polster Chappell
10/04/2018Vela v. Sunnygrove Landscape & Irrigation Maintenance, LLC
2:18-cv-00165-SPC-MRM
REPORT AND RECOMMENDATION recommending [20] Amended Joint Motion for Approval of Settlement be granted and [19] Report and Recommendation be mooted. Signed by Magistrate Judge Mac R. McCoy on 10/4/2018. (brh)
Judge Sheri Polster Chappell
10/04/2018Short v. Immokalee Water & Sewage District
2:18-cv-00124-SPC-UAM
ORDER re [44] Response filed by John Short. Plaintiff John Short's request for leave to file an interlocutory appeal (Doc. [44]) is DENIED. Signed by Judge Sheri Polster Chappell on 10/4/2018. (LMF)
Judge Sheri Polster Chappell
10/04/2018Griffin v. Commissioner of Social Security
2:17-cv-00280-SPC-CM
REPORT AND RECOMMENDATIONS re [24] Plaintiff's Uncontested Petition for EAJA Fees Pursuant to 28 U.S.C. § 2412(d). Signed by Magistrate Judge Carol Mirando on 10/4/2018. (APH)
Judge Sheri Polster Chappell
10/04/2018USA v. Williamson
2:17-cr-00048-SPC-MRM
ORDER re Sentencing set for 1/7/2019 at 10:00 AM as to Willie Williamson. Signed by Judge Sheri Polster Chappell on 10/4/2018. (LMF)
Judge Sheri Polster Chappell
10/03/2018Weber v. Paramount Transportation Logistics Services, LLC et al
2:17-cv-00627-SPC-CM
ORDER denying without prejudice [47] Joint Motion for Approval of Settlement and Incorporated Memorandum of Law. The parties shall have up to and including October 23, 2018 to file revised settlement agreements in accordance with the directives s
Judge Sheri Polster Chappell
10/03/2018Moore v. San Carlos Park Fire Protection & Rescue
2:17-cv-00546-SPC-MRM
ORDER denying as moot [59] Plaintiff Colleen Moore's Motion to Stay. Signed by Judge Sheri Polster Chappell on 10/3/2018. (LMF)
Judge Sheri Polster Chappell
10/02/2018Wolfe et al v. Florida Attorney General Office et al
2:18-cv-00589-SPC-CM
OPINION AND ORDER re: [1] Complaint is dismissed without prejudice. The Clerk shall terminate all pending motions, enter judgment, and close this case. Signed by Judge Sheri Polster Chappell on 10/2/2018. (SLU)
Judge Sheri Polster Chappell
10/02/2018Allied World Assurance Company v. Lee Memorial Health System et al
2:18-cv-00158-SPC-UAM
ORDER denying [37] Allied World Assurance Company's Motion for Judgment on the Pleadings. Signed by Judge Sheri Polster Chappell on 10/2/2018. (LMF)
Judge Sheri Polster Chappell
10/02/2018USA v. Byington
2:18-cr-00037-SPC-MRM
JUDGMENT as to Jason E. Byington (1), Count(s) 1, Dismissed; Count(s) 2-3, Imprisonment: 135 months; Supervised Release: 180 months; Special Assessment: $200.00. Signed by Judge Sheri Polster Chappell on 10/2/2018. (LMF)
Judge Sheri Polster Chappell
10/02/2018USA v. Lopez
2:18-cr-00010-SPC-MRM
JUDGMENT as to Malcolm Lopez (1), Count(s) 1-3, Dismissed; Count(s) 4, Imprisonment: 117 months: 57 months as to Count 4, 60 months as to Count 5(consecutive to Count 4); Supervised Release: 36 months; Special Assessment: $200.00; Forfeitur
Judge Sheri Polster Chappell
10/02/2018Marcura Equities FZE et al v. Schulz
2:17-cv-00508-SPC-CM
ORDER re [46] CONSENT DECREE filed by DA-Desk FZ-LLC, Marcura Equities FZE. The Joint Consent Order (Doc. [46]) is APPROVED. The above-captioned case is DISMISSED. The Clerk is DIRECTED to enter judgment accordingly and attach the Joint Con
Judge Sheri Polster Chappell
10/02/2018Martin v. Commissioner of Social Security et al
2:17-cv-00496-SPC-CM
ORDER adopting [29] REPORT AND RECOMMENDATIONS re [28] Unopposed MOTION for Attorney Fees pursuant to 28 U.S.C. 2312(d) filed by Lisa Heather Martin.The Report and Recommendation (Doc. [29]) is ACCEPTED and ADOPTED and the findings in
Judge Sheri Polster Chappell
10/02/2018Holmes v. Commissioner of Social Security
2:17-cv-00367-SPC-CM
ORDER adopting [22] REPORT AND RECOMMENDATIONS re [21] Unopposed MOTION for Attorney Fees (pursuant to EAJA) filed by Sharon Holmes. The Report and Recommendation (Doc. [22]) is ACCEPTED and ADOPTED and the findings incorporated here
Judge Sheri Polster Chappell
10/02/2018USA v. Eugene
2:16-cr-00131-SPC-CM
JUDGMENT as to Bernito Ben Eugene (1), Count(s) 1, Imprisonment: 24 months; Supervised Release: 36 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 10/2/2018. (LMF)
Judge Sheri Polster Chappell
10/01/2018USA v. Martinez-Garcia
2:18-cr-00101-SPC-CM
JUDGMENT as to Verulio Martinez-Garcia (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: #100.00. Signed by Judge Sheri Polster Chappell on 10/1/2018. (LMF)
Judge Sheri Polster Chappell
10/01/2018Topa v. Kerbs et al
2:18-cv-00475-SPC-MRM
ORDER granting [10] Defendants D/S Almonte Kerbs, Unknown Female, and Unknown Undercover Officers' Motion to Dismiss.Plaintiff Gelu Topa's Complaint (Doc. 1) is DISMISSED without prejudice. Plaintiff Gelu Topa may file an amended compl
Judge Sheri Polster Chappell
10/01/2018USA v. Lorenzo-Lemus
2:18-cr-00091-SPC-CM
JUDGMENT as to Oscar Lorenzo-Lemus (1), Count(s) 1, Imprisonment: TIME SERVED; Supervised Release: 12 months; Special Assessment: $100.00. Signed by Judge Sheri Polster Chappell on 10/1/2018. (LMF)
Judge Sheri Polster Chappell
10/01/2018Eaglin v. Secretary, DOC (Charlotte County)
2:15-cv-00461-SPC-MRM
OPINION AND ORDER re: [1] Petition for writ of habeas corpus is dismissed without prejudice. The Clerk of Court is directed to enter judgment accordingly, terminate any pending motions and deadlines, and close this file. Signed by Judge Sheri
Judge Sheri Polster Chappell
09/28/2018Freedom Marine Sales, LLC et al
2:18-cv-00620-SPC-UAM
ORDER granting [2] Motion to Approve Ad Interim Stipulation and Enter Monition and Injunction. See Order for details. Signed by Magistrate Judge Carol Mirando on 9/28/2018. (DRS)
Judge Sheri Polster Chappell
09/28/2018Perry v. Jones et al
2:18-cv-00621-SPC-MRM
OPINION AND ORDER re: [1] Complaint dismissed without prejudice. The Clerk of Court shall terminate any pending motions, enter judgment, and close this file. Signed by Judge Sheri Polster Chappell on 9/28/2018. (SLU)
Judge Sheri Polster Chappell
09/28/2018Andrews v. Smith
2:18-cv-00619-SPC-CM
OPINION AND ORDER dismissing re: [1] Complaint. The Clerk of Court shall provide Plaintiff with a § 2241 habeas corpus form for his use, if appropriate, terminate any pending motions, enter judgment and close this file. Signed by Judge She
Judge Sheri Polster Chappell
09/28/2018Alvarez v. Florida Motorsports, LLC
2:18-cv-00424-SPC-CM
REPORT AND RECOMMENDATION re [23] Second Joint Motion for Approval of FLSA Settlement. Signed by Magistrate Judge Carol Mirando on 9/28/2018. (DRS)
Judge Sheri Polster Chappell
09/28/2018Scippio v. Peopleready, Florida, Inc.
2:18-cv-00344-SPC-CM
REPORT AND RECOMMENDATION re [18] Joint Motion for Approval of Plaintiff's Acceptance of Defendant's Offer of Judgment and Dismissal with Prejudice. Signed by Magistrate Judge Carol Mirando on 9/28/2018. (DRS)
Judge Sheri Polster Chappell
09/28/2018Wagner v. Secretary for DCF et al
2:17-cv-00723-SPC-MRM
OPINION AND ORDER re: [1] Complaint is dismissed without prejudice. Plaintiff may refile his complaint, but he must do so under a new case number. The Clerk of Court is directed to enter judgment accordingly, terminate any pending motions and d
Judge Sheri Polster Chappell
09/28/2018USA v. Edison
2:96-cr-00015-SPC
ORDER denying as moot [922] the United States' Motion to Deny Evidentiary Hearing or Limit Testimony. Signed by Judge Sheri Polster Chappell on 9/28/2018. (LMF)
Judge Sheri Polster Chappell
09/27/2018Manso v. D. & R. Granite and Marble, LLC et al
2:18-cv-00283-SPC-MRM
REPORT AND RECOMMENDATION recommending [21] Renewed Joint Motion for Approval of Settlement be granted with modification. See Report and Recommendation for details. Signed by Magistrate Judge Mac R. McCoy on 9/27/2018. (brh)
Judge Sheri Polster Chappell
09/27/2018USA v. Gallardo-Guzman
2:17-cr-00145-SPC-CM
ORDER re Sentencing set for 2018-12-10 at 10:45 AM as to Florentino Gallardo-Guzman. Signed by Judge Sheri Polster Chappell on 9/27/2018. (LMF)
Judge Sheri Polster Chappell
09/27/2018Repp v. Corrections Corporation of America/C.C.A et al
2:15-cv-00220-SPC-CM
OPINION AND ORDER Defendant Sandra Dee Dunivent is hereby DISMISSED with prejudice from this case. Signed by Judge Sheri Polster Chappell on 9/27/2018. (SLU)
Judge Sheri Polster Chappell
09/26/2018USA v. Ramirez-Ortiz
2:18-cr-00133-SPC-MRM
ORDER re Sentencing set for 2018-12-10 at 10:15 AM as to Moises Ramirez-Ortiz. Signed by Judge Sheri Polster Chappell on 9/26/2018. (LMF)
Judge Sheri Polster Chappell
09/26/2018USA v. Castro-Villalobos
2:18-cr-00131-SPC-MRM
ORDER re Sentencing set for 2018-12-10 at 10:30 AM as to Jose Salomon Castro-Villalobos. Signed by Judge Sheri Polster Chappell on 9/26/2018. (LMF)
Judge Sheri Polster Chappell
09/26/2018Allied World Assurance Company v. Lee Memorial Health System et al
2:18-cv-00158-SPC-UAM
ORDER re [43] Notice (Other) filed by Allied World Assurance Company. Defendant Lee Memorial Health System is DIRECTED to do one of the following on or before October 1, 2018: File a supplemental response of no more than 3 pages; or Re-file
Judge Sheri Polster Chappell
09/26/2018Perez Rivera v. Santadner Consumer USA et al
2:17-cv-00492-SPC-CM
ORDER adopting [11] REPORT AND RECOMMENDATIONS re [1] Complaint filed by Enid Y. Perez Rivera, [9] MOTION for leave to proceed in forma pauperis/affidavit of indigency filed by Enid Y. Perez Rivera. The Report and Recommendation (Doc. [11]
Judge Sheri Polster Chappell
09/26/2018USA v. Shutt
2:17-cr-00083-SPC-MRM
ORDER granting [106] the Motion for Admission Pro Hac Vice of Mark J. Mahoney, Esq. Mark J. Mahoney, Esq. is permitted to appear pro hac vice on behalf of Defendant Dillion Shutt. The Clerk is DIRECTED to add Mark J. Mahoney, Esq. to the servic
Judge Sheri Polster Chappell
09/26/2018Methelus et al v. The School Board Of Collier County, Florida et al
2:16-cv-00379-SPC-MRM
ORDER adopting [183] REPORT AND RECOMMENDATIONS re [152] MOTION to Certify Class filed by Nehemy Antoine, Marta Alonso. United States Magistrate Judge Mac R. McCoy's Report and Recommendation (Doc. [183]) is ACCEPTED and ADOP
Judge Sheri Polster Chappell
09/26/2018USA v. Lopez
2:15-cr-00159-SPC-CM
ORDER granting [62] the United States' Motion to Vacate Forfeiture Money Judgment as to Maria Victoria Lopez. The Forfeiture Money Judgment (Doc. [33]) is VACATED. The Clerk is DIRECTED to send a certified copy of this Order to the Clerk of
Judge Sheri Polster Chappell
09/25/2018Enzo's Pizzeria & Italian Restaurant, Inc. v. Aspen Specialty Insurance Company
2:18-cv-00594-SPC-CM
ORDER re [10] Response to order to show cause filed by Aspen Specialty Insurance Company. This case is REMANDED to the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida. The Clerk is DIRECTED to send a certifi
Judge Sheri Polster Chappell
09/25/2018Petro Welt Trading GES M.B.H. et al v. Brinkmann et al
2:18-cv-00597-SPC-MRM
ORDER granting [7] Plaintiffs' Motion to Remand. The Clerk of Court is DIRECTED to REMAND the case to the Circuit Court of the Twentieth Judicial Circuit in and for Collier County, Florida and to transmit a certified copy of this Order to th
Judge Sheri Polster Chappell
09/25/2018Franz v. John Doe, et al
2:18-cv-00536-SPC-MRM
ORDER granting [15] Defendant Walmart Inc.'s Motion to Consolidate. a.This case shall be the operative case moving forward and the parties shall file all pleadings, motions, notices, and other filings in this matter. b. Any pleadings or fili
Judge Sheri Polster Chappell
09/25/2018Manso v. D. & R. Granite and Marble, LLC et al
2:18-cv-00283-SPC-MRM
ORDER adopting [20] REPORT AND RECOMMENDATIONS re [19] Joint MOTION for Settlement APPROVALJoint MOTION to Dismiss THE COMPLAINT WITH PREJUDICE filed by Reinaldo Manso. The Report and Recommendation (Doc. [20]) is ACCEPTED a
Judge Sheri Polster Chappell
09/25/2018Short v. Immokalee Water & Sewage District
2:18-cv-00124-SPC-UAM
ORDER granting in part [31] Defendant Immokalee Water & Sewer District's Motion to Dismiss Plaintiff's Second Amended Complaint. Plaintiff John Short's claim of retaliatory harassment under Title VII is DISMISSED with prejudice. I
Judge Sheri Polster Chappell
09/25/2018Germain v. Collier Food & Beverage, Inc. et al
2:18-cv-00008-SPC-MRM
ORDER adopting [31] REPORT AND RECOMMENDATIONS re [30] Joint MOTION for Settlement Approval filed by Collier Food & Beverage, Inc. United States Magistrate Judge Mac R. McCoy's Report and Recommendation. (Doc. [31]) is ACCEPTE
Judge Sheri Polster Chappell