Weddle v. Florida Highway Patrol
| Florida Middle District Court | |
| Judge: | Carlos E Mendoza |
| Referred: | Robert M Norway |
| Case #: | 6:23-cv-01939 |
| Nature of Suit | 442 Civil Rights - Employment |
| Cause | 28:1331 Fed. Question: Employment Discrimination |
| Case Filed: | Oct 06, 2023 |
| Last checked: Saturday Apr 06, 2024 5:34 AM EDT |
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Defendant
Florida Highway Patrol & DHSMV
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Represented By
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Mediator
Jason O'Steen
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Represented By
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Plaintiff
Kelly A. Weddle
2207 Saw Palmetto Lane #104
Orlando, FL 32828 |
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| TERMINATED PARTIES | |
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Defendant
Captain Hugh Cutchen
Terminated: 03/21/2024
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Defendant
Captain Ryan Martina
Terminated: 03/21/2024
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Defendant
Major Rasmussen
Terminated: 03/21/2024
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| Docket last updated: 05/09/2025 11:59 PM EDT |
| Monday, May 05, 2025 | ||
| 48 | 48
order
Order to show cause
Mon 05/05 2:17 PM
ENDORSED ORDER directing Plaintiff to SHOW CAUSE within fourteen days from the date of this Order as to why this case should not be dismissed as to Defendants Captain Hugh Cutchen and Captain Ryan Martina for failing to effectuate service and file proof of the same in accordance with Federal Rule of Civil Procedure 4(l)-(m). Alternatively, Plaintiff may cure their failure by filing proof of service within fourteen days, thereby discharging the order to show cause. Failure to comply with this Order may result in the dismissal of this action without further notice. Signed by Judge Carlos E. Mendoza on 5/5/2025. (MEH) |
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| Thursday, January 23, 2025 | ||
| 47 | 47
2
pgs
order
Order on Motion for Default Judgment
Thu 01/23 11:50 AM
ORDER denying 44 Motion for Default Judgment. Signed by Magistrate Judge Robert M. Norway on 1/23/2025. (JBS) |
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| Monday, December 02, 2024 | ||
| 46 | 46
notice
Notice (Other)
Tue 12/03 3:47 PM
NOTICE of Filing Exhibits by Kelly A. Weddle re44 MOTION for Default Judgment against Hugh Cutchen, Ryan Martina(ARL) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D
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| Tuesday, November 26, 2024 | ||
| 45 | 45
respm
Response in Opposition to Motion
Tue 11/26 3:25 PM
RESPONSE in Opposition re44 MOTION for Default Judgment against Hugh Cutchen, Ryan Martina filed by Florida Highway Patrol.(Bassett, Glen) |
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Att: 1
Exhibit,
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Att: 2
Exhibit
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| Tuesday, November 12, 2024 | ||
| 44 | 44
motion
Default - Default Judgment
Tue 11/12 3:35 PM
MOTION for Default Judgment against Hugh Cutchen, Ryan Martina by Kelly A. Weddle.(ARL) |
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Att: 1
Proposed Order,
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Att: 2
Exhibit
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| Tuesday, October 01, 2024 | ||
| 43 | 43
service
Summons returned unexecuted
Tue 10/01 3:07 PM
SUMMONS returned unexecuted by Kelly A. Weddle as to Ryan Martina. (ARL) |
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| 42 | 42
service
Summons returned unexecuted
Tue 10/01 3:06 PM
SUMMONS returned unexecuted by Kelly A. Weddle as to Hugh Cutchen. (ARL) |
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| Tuesday, September 17, 2024 | ||
| 41 | 41
respoth
Objection
Tue 09/17 9:51 PM
OBJECTION re38 Order on Motion for Leave to File Document . (Bassett, Glen) |
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| Tuesday, September 03, 2024 | ||
| 40 | 40
cmp
Amended Complaint
Fri 09/06 9:37 AM
THIRD AMENDED COMPLAINT against Hugh Cutchen, Florida Highway Patrol, Ryan Martina with Jury Demand, filed by Kelly A. Weddle.(LD) |
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| 39 | 39
order
Order on Motion to Dismiss
Tue 09/03 5:03 PM
ENDORSED ORDER denying as moot Defendant's 36 Motion to Dismiss in light of the 38 Order. Signed by Magistrate Judge Robert M. Norway on 9/3/2024. (MLS) |
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| 38 | 38
15
pgs
order
Order on Motion for Leave to File Document
Tue 09/03 5:01 PM
ORDER granting Plaintiff's 35 Motion for Leave to File and Rectify Issues Within the Second Amended Complaint Outlined by the Defendant. See Order for details. Signed by Magistrate Judge Robert M. Norway on 9/3/2024. (MLS) |
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| Tuesday, June 11, 2024 | ||
| 37 | 37
respm
Response in Opposition to Motion
Tue 06/11 4:32 PM
RESPONSE in Opposition re35 MOTION for Leave to File Other Document :and Rectify Issues within re34 Second Amended Complaint filed by Florida Highway Patrol. (Bassett, Glen) |
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| Tuesday, May 28, 2024 | ||
| 36 | 36
motion
Dismiss
Tue 05/28 5:14 PM
MOTION to Dismiss Plaintiff's Second Amended Complaint by Florida Highway Patrol. (Bassett, Glen) |
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| 35 | 35
motion
Leave to File Amicus Brief / Document
Tue 05/28 4:00 PM
MOTION for Leave to File and Rectify issues re34 Second Amended Complaint by Kelly A. Weddle.(EAM) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit 1,
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Att: 3
Exhibit 2,
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Att: 4
Exhibit 3,
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Att: 5
Exhibit 4,
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Att: 6
Exhibit 5,
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Att: 7
Exhibit 6
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| Tuesday, May 14, 2024 | ||
| 34 | 34
cmp
Amended Complaint
Tue 05/14 2:20 PM
SECOND AMENDED COMPLAINT against Florida Highway Patrol & DHSMV with Jury Demand. filed by Kelly A. Weddle.(MCB) |
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| 33 | 33
order
Order on Motion to Amend / Correct / Modify / Supplement
Tue 05/14 10:35 AM
ENDORSED ORDER denying as moot 32 Plaintiff's Motion for Leave to Amend in light of the Court's 31 April 29, 2024 Order and construing it as an attempt to comply with that Order. The Clerk is directed to file [32-1] Plaintiff's Second Amended Complaint as a separate entry on the docket. Signed by Judge Carlos E. Mendoza on 5/14/2024. (JW) |
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| Monday, May 13, 2024 | ||
| 32 | 32
motion
Amend / Correct / Modify / Supplement
Mon 05/13 4:49 PM
MOTION to Amend12 Amended Complaint by Kelly A. Weddle.(EAM) |
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Att: 1
Proposed Second Amended Complaint,
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Att: 2
Exhibit
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| Monday, April 29, 2024 | ||
| 31 | 31
3
pgs
order
Order on Motion to Strike Order on Report and Recommendations Order on Motion to Dismiss Order on Motion to Amend / Correct / Modify / Supplement
Mon 04/29 6:17 PM
ORDER adopting 28 Report and Recommendations; granting 16 Motion to Dismiss; denying 26 Motion to Amend; denying 26 Motion to Strike. Plaintiff's ADA and ADEA claims are DISMISSED with prejudice. Plaintiff's Title VII claims are DISMISSED without prejudice. On or before May 16, 2024, Plaintiff may file a Second Amended Complaint. Failure to timely file a Second Amended Complaint--or failure to cure the deficiencies identified in the Report and Recommendation--may result in the closure of this case without further notice. Signed by Judge Carlos E. Mendoza on 4/29/2024. (MEH) |
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| Tuesday, April 23, 2024 | ||
| 30 | 30
order
Order
Tue 04/23 4:50 PM
ENDORSED ORDER striking 29 Plaintiff's Second Amended Complaint for failure to comply with Federal Rule of Civil Procedure 15(a). Plaintiff did not obtain opposing party's written consent or the Court's leave to amend his pleading. Signed by Judge Carlos E. Mendoza on 4/23/2024. (JW) |
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| 29 | 29
cmp
Amended Complaint
Tue 04/23 11:24 AM
STRICKEN per Order 30 Second AMENDED COMPLAINT against Florida Highway Patrol & DHSMV with Jury Demand. filed by Kelly A. Weddle. Related document: 12 Amended Complaint filed by Kelly A. Weddle.(EAM) Modified on 4/24/2024 to edit text (ELM) |
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Att: 1
Exhibit
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| Thursday, April 04, 2024 | ||
| 28 | 28
motion
Report and Recommendations
Thu 04/04 10:36 AM
REPORT AND RECOMMENDATIONS re Defendant's 16 Amended Motion to Dismiss; Plaintiff's 26 Motion to Amend. See Report for details. Signed by Magistrate Judge Robert M. Norway on 4/4/2024. (MLS) |
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| Wednesday, April 03, 2024 | ||
| 27 | 27
2
pgs
order
Order
Wed 04/03 11:51 AM
ORDER sealing docket entries 1-2, 1-5, 1-10, 12-1, 23-1, 23-5, 23-6, and 23-11. See Order for details. Signed by Magistrate Judge Robert M. Norway on 4/3/2024. (MLS) |
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| Wednesday, March 27, 2024 | ||
| 26 | 26
motion
Amend / Correct / Modify / Supplement Strike
Wed 03/27 1:42 PM
MOTION to Amend1 Complaint, MOTION to Strike12 Amended Complaint by Kelly A. Weddle.(EAM) |
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Att: 1
Proposed Amended Complaint
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| Thursday, March 21, 2024 | ||
| 25 | 25
order
Order
Thu 03/21 2:00 PM
ENDORSED ORDER striking 23 Plaintiff's Second Amended Complaint and 24 Plaintiff's Third Amended Complaint for failure to comply with Federal Rule of Civil Procedure 15(a). Plaintiff did not obtain opposing party's written consent or the Court's leave to amend his pleading. Signed by Judge Carlos E. Mendoza on 3/21/2024. (JW) |
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| Wednesday, March 20, 2024 | ||
| 24 | 24
cmp
Amended Complaint
Thu 03/21 9:32 AM
THIRD AMENDED COMPLAINT against Florida Highway Patrol & DHSMV with Jury Demand. filed by Kelly A. Weddle. Related document: 23 Second Amended Complaint filed by Kelly A. Weddle. (EAM) Modified text and entry relationship on 3/21/2024 (JK) |
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| Tuesday, March 19, 2024 | ||
| 23 | 23
cmp
Amended Complaint
Wed 03/20 4:26 PM
AMENDED COMPLAINT against All Defendants with Jury Demand. filed by Kelly A. Weddle. Related document: 12 Amended Complaint filed by Kelly A. Weddle.(EAM) |
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Att: 1
Exhibit 1,
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Att: 2
Exhibit 2,
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Att: 3
Exhibit 3,
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Att: 4
Exhibit 4,
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Att: 5
Exhibit 5,
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Att: 6
Exhibit 6,
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Att: 7
Exhibit 7,
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Att: 8
Exhibit 8,
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Att: 9
Exhibit 9,
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Att: 10
Exhibit 10,
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Att: 11
Exhibit 11
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| Friday, January 19, 2024 | ||
| 22 | 22
order
Case Management Scheduling Order
Fri 01/19 2:59 PM
CASE MANAGEMENT AND SCHEDULING ORDER: Amended Pleadings due by 3/20/2024 Joinder of Parties due by 3/20/2024 Discovery due by 7/4/2025 Dispositive motions due by 8/5/2025 Pretrial statement due by 12/8/2025 All other motions due by 12/8/2025 Plaintiff disclosure of expert report due by 5/6/2025 Defendant disclosure of expert report due by 6/5/2025 Trial Status Conference set for 12/18/2025 at 10:00 AM in Orlando Courtroom 5B before Judge Carlos E. Mendoza Jury Trial set for the January 2026 trial term in Orlando Courtroom 5B before Judge Carlos E. Mendoza. Conduct mediation hearing by 7/18/2025. Lead counsel to coordinate dates. Signed by Judge Carlos E. Mendoza on 1/19/2024. (MEH) |
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| Friday, December 22, 2023 | ||
| 21 | 21
misc
Case Management Report
Fri 12/22 9:01 AM
CASE MANAGEMENT REPORT. (Bassett, Glen) |
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| Wednesday, December 06, 2023 | ||
| 20 | 20
6
pgs
respm
Memorandum in opposition
Thu 12/07 11:15 AM
MEMORANDUM in opposition re16 Motion to Dismiss filed by Kelly A. Weddle.(EAM) |
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Att: 1
Petitioner's Position,
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Att: 2
Exhibit A,
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Att: 3
Exhibit B,
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Att: 4
Exhibit C,
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Att: 5
Exhibit D,
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Att: 6
Exhibit E
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| Tuesday, December 05, 2023 | ||
| 19 | 19
misc
Corporate Disclosure Statement
Tue 12/05 9:07 AM
CORPORATE Disclosure Statement by Florida Highway Patrol. (Bassett, Glen) |
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| 18 | 18
notice
Notice of a Related Action
Tue 12/05 9:03 AM
NOTICE of a related action per Local Rule 1.07(c) by Florida Highway Patrol. Related case(s): Yes (Bassett, Glen) |
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| Monday, December 04, 2023 | ||
| 17 | 17
respm
Response in Opposition to Motion
Mon 12/04 4:25 PM
RESPONSE in Opposition re16 Amended MOTION to Dismiss Plaintiff's Amended Complaint filed by Kelly A. Weddle.(EAM) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F
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| Tuesday, November 28, 2023 | ||
| 16 | 16
motion
Dismiss
Tue 11/28 10:25 AM
Amended MOTION to Dismiss Plaintiff's Amended Complaint by Florida Highway Patrol. (Bassett, Glen) |
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| Tuesday, November 21, 2023 | ||
| 15 | 15
order
Order on Motion to Dismiss
Tue 11/21 2:45 PM
ENDORSED ORDER denying Defendant's 14 Motion to Dismiss for failing to comply with Local Rule 3.01(g). Signed by Judge Carlos E. Mendoza on 11/21/2023. (JW) |
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| Monday, November 20, 2023 | ||
| 14 | 14
answer
Answer to amended complaint
Mon 11/20 2:03 PM
Motion to Dismiss ANSWER to 12 Amended Complaint by Florida Highway Patrol.(Bassett, Glen) |
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| Friday, November 03, 2023 | ||
| 13 | 13
service
Summons returned executed
Fri 11/03 1:05 PM
RETURN of service executed on 11/1/2023 by Kelly A. Weddle as to Florida Highway Patrol. (EAM) |
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| Monday, October 30, 2023 | ||
| 11 | 11
order
Order
Mon 10/30 10:32 AM
ENDORSED ORDER striking 9 Unilateral Proposed Consent. 28 U.S.C. 636(c) requires the signed consent of all parties. This district does not permit parties to file consents to a magistrate judge that are not endorsed by all parties. The Clerk is directed to remove 9 from the docket. Signed by Magistrate Judge Robert M. Norway on 10/30/2023. (JBS) |
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| Friday, October 27, 2023 | ||
| 12 | 12
cmp
Amended Complaint
Mon 10/30 11:22 AM
AMENDED COMPLAINT against Florida Highway Patrol with Jury Demand. filed by Kelly A. Weddle. Related document: 1 Complaint, filed by Kelly A. Weddle.(EAM) |
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Att: 1
Exhibit
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| 10 | 10
notice
Notice of a Related Action
Fri 10/27 4:42 PM
NOTICE of a related action per Local Rule 1.07(c) by Kelly A. Weddle. Related case(s): Yes (EAM) |
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| 9 | 9
misc
Consent to Jurisdiction by US Magistrate Judge
Fri 10/27 4:41 PM
UNILATERAL PROPOSED CONSENT to trial by U.S. Magistrate Judge by Kelly A. Weddle. (EAM) |
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| 8 | 8
misc
Certificate of Interested Persons and Corporate Disclosure Statement
Fri 10/27 4:39 PM
CERTIFICATE of interested persons and corporate disclosure statement by Kelly A. Weddle. (EAM) |
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| Tuesday, October 17, 2023 | ||
| 7 | 7
service
Summons issued
Tue 10/17 3:56 PM
SUMMONS issued as to Florida Highway Patrol. (EAM) |
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| Friday, October 13, 2023 | ||
| 6 | 6
order
Order
Fri 10/13 2:11 PM
NOTICE TO COUNSEL AND PARTIES: The Orlando Division of the Middle District of Florida is currently operating in a Judicial Emergency due to a judicial vacancy and the number of cases in the division. Accordingly, civil cases, and especially newly filed civil cases, will be the Court's lowest priority unless emergency issues are presented. Counsel and the parties are encouraged to consider consenting to the Magistrate Judge for the entire case or disposition of any dispositive motions in order to have their case considered on a more timely basis. Signed by Judge Carlos E. Mendoza on 10/13/2023. (MEH) |
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| 5 | 5
order
Order
Fri 10/13 2:11 PM
NOTICE TO COUNSEL AND PARTIES: Failure to comply with ANY Local Rules or Court Orders may result in the imposition of sanctions including, but not limited to, the dismissal of this action or entry of default without further notice. Signed by Judge Carlos E. Mendoza on 10/13/2023. (MEH) |
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| 4 | 4
2
pgs
order
Order
Fri 10/13 2:01 PM
INITIAL ORDER re: Case Management and Deadlines. Signed by Judge Carlos E. Mendoza on 10/13/2023. (MEH) |
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| Wednesday, October 11, 2023 | ||
| 3 | 3
2
pgs
order
Order on Motion to Proceed In Forma Pauperis
Wed 10/11 10:41 AM
ORDER granting 2 Motion to Proceed In Forma Pauperis. See Order for details. Signed by Magistrate Judge Robert M. Norway on 10/11/2023. (JBS) |
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| Friday, October 06, 2023 | ||
| 2 | 2
motion
Proceed In Forma Pauperis
Tue 10/10 3:29 PM
MOTION to Proceed In Forma Pauperis / Affidavit of Indigency by Kelly A. Weddle. (EAM) |
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| 1 | 1
cmp
Complaint
Tue 10/10 3:28 PM
COMPLAINT against Florida Highway Patrol with Jury Demand filed by Kelly A. Weddle. (no copies received)(EAM) |
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Att: 1
Exhibit A,
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Att: 2
Exhibit B,
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Att: 3
Exhibit C,
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Att: 4
Exhibit D,
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Att: 5
Exhibit E,
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Att: 6
Exhibit F,
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Att: 7
Exhibit G,
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Att: 8
Exhibit H,
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Att: 9
Exhibit I,
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Att: 10
Exhibit J
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