Bain v. McCord et al
| Florida Southern District Court | |
| Judge: | Raag Singhal |
| Referred: | Jared M Strauss |
| Case #: | 0:24-cv-61166 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 42:1983 Civil Rights Act |
| Case Filed: | Jul 02, 2024 |
| Terminated: | Mar 24, 2025 |
| Last checked: Sunday Dec 29, 2024 3:25 AM EST |
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Defendant
Larry Akers
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Represented By
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Defendant
James Hyppolite
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Represented By
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Defendant
Brandon McCord
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Represented By
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Plaintiff
Kevin Bain
16442 NW 13th St
Pembroke Pines, FL 33028 |
GPO
Jan 29 2025
REPORT AND RECOMMENDATION, recommending that 28 Defendants' MOTION to Dismiss be GRANTED to the extent provided in this Report and Recommendation. Specifically, this action should be DISMISSED without leave to amend. Dismissal is appropriate under Rule 12(b)(6) and on qualified immunity grounds. Additionally, Plaintiff's request for injunctive relief is separately subject to dismissal on Younger abstention grounds. Objections to R&R due by 2/12/2025. Signed by Magistrate Judge Jared M. Strauss on 1/29/2025. See attached document for full details. (emd) |
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GPO
Mar 24 2025
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting in part and denying in part 28 Motion to Dismiss; Adopting 34 Report and Recommendations Plaintiff's Amended Complaint (DE 22) is DISMISSED WITH PREJUDICE Closing Case. Any pending motions are DENIED as moot. Any deadlines or hearings are TERMINATED Motions terminated: 28 Defendant's MOTION to Dismiss with Prejudice 22 Amended Complaint/Amended Notice of Removal filed by James Hyppolite, Brandon McCord, Larry Akers, 34 REPORT AND RECOMMENDATIONS re 28 Defendant's MOTION to Dismiss with Prejudice 22 Amended Complaint/Amended Notice of Removal filed by James Hyppolite, Brandon McCord, Larry Akers. Signed by Judge Raag Singhal on 3/24/2025. See attached document for full details. (ar24) |
| Docket last updated: 05/16/2025 11:59 PM EDT |
| Tuesday, April 08, 2025 | ||
| 44 | 44
motion
Appoint Counsel
Wed 04/09 3:05 PM
MOTION to Appoint Counsel for Appellate Case No: 25-11088 by Kevin Bain. Responses due by 4/22/2025.(jgo) |
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Att: 1
Exhibit A
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| Monday, April 07, 2025 | ||
| 43 | 43
appeal
Transcript Order Form - Court (PART I)
Mon 04/07 4:42 PM
TRANSCRIPT ORDER FORM filed by Kevin Bain re39 Notice of Appeal, filed by Kevin Bain. No Transcript Requested. (jgo) |
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| Friday, April 04, 2025 | ||
| 42 | 42
appeal
Acknowledgment of Receipt from USCA
Mon 04/07 1:54 PM
Acknowledgment of Receipt of NOA from USCA re39 Notice of Appeal, filed by Kevin Bain. Date received by USCA: 04/02/2025. USCA Case Number: 25-11088 C. (jgo) |
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| Wednesday, April 02, 2025 | ||
| 41 | 41
notice
Clerk's Notice (Other) with Optional Ad Hoc NEF
Wed 04/02 4:25 PM
CLERK'S NOTICE of Mailing Pro Se Instructions to Kevin Bain re39 Notice of Appeal. (jgo) |
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| 40 | 40
appeal
Appeal Remark
Wed 04/02 4:04 PM
Appeal Remark: Notice of Filing Certificate of No Transcript Request for the Appeal re39 Notice of Appeal. (jgo) |
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| 39 | 39
appeal
Notice of Appeal
Wed 04/02 4:00 PM
Notice of Appeal re38 Order Adopting Report and Recommendations, Order on Motion to Dismiss, Order on Report and Recommendations, by Kevin Bain. Filing Fee: NOT PAID. Within fourteen days of the filing date of a Notice of Appeal, the appellant must complete the Eleventh Circuit Transcript Order Form regardless of whether transcripts are being ordered [Pursuant to FRAP 10(b)]. For information go to our FLSD website under All Forms and look for Transcript Order Form[LINK:www.flsd.uscourts.gov/forms/all-forms] . (jgo) Modified text on 4/2/2025 (jgo) |
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appeal
Transmission of Notice of Appeal and Docket Sheet to USCA
Wed 04/02 4:02 PM
Transmission of Notice of Appeal, Order under appeal, and Docket Sheet to US Court of Appeals re39 Notice of Appeal. Notice has been electronically mailed. (jgo) |
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| Monday, March 24, 2025 | ||
| 38 | 38
13
pgs
order
Order Adopting Report and Recommendations Order on Motion to Dismiss Order on Report and Recommendations
Mon 03/24 2:30 PM
ORDER ADOPTING REPORT AND RECOMMENDATIONS ; granting in part and denying in part28 Motion to Dismiss; Adopting34 Report and Recommendations Plaintiff's Amended Complaint (DE22 ) is DISMISSED WITH PREJUDICE Closing Case. Any pending motions are DENIED as moot. Any deadlines or hearings are TERMINATED Motions terminated:28 Defendant's MOTION to Dismiss with Prejudice22 Amended Complaint/Amended Notice of Removal filed by James Hyppolite, Brandon McCord, Larry Akers,34 REPORT AND RECOMMENDATIONS re28 Defendant's MOTION to Dismiss with Prejudice22 Amended Complaint/Amended Notice of Removal filed by James Hyppolite, Brandon McCord, Larry Akers. Signed by Judge Raag Singhal on 3/24/2025. See attached document for full details. (ar24) |
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| Wednesday, February 12, 2025 | ||
| 37 | 37
order
- Order (PAPERLESS or pdf attached)
Wed 02/12 12:05 PM
ORDER denying Plaintiff's Request for Disqualification, DE35 at 14 (Objection N). Signed by Magistrate Judge Jared M. Strauss on 2/12/2025. See attached document for full details. (emd) |
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| Tuesday, February 11, 2025 | ||
| 36 | 36
1
pgs
order
Order Referring Case to Magistrate Judge
Wed 02/12 11:09 AM
ORDER OF REFERRAL to Magistrate Judge Jared M. Strauss regarding Plaintiff's request for disqualification pursuant to 28 U.S. Code § 455(b)(3). Signed by Judge Raag Singhal on 2/11/2025. See attached document for full details. (gqa) |
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| Friday, February 07, 2025 | ||
| 35 | 35
respoth
Objections to Report and Recommendations
Mon 02/10 12:27 PM
Plaintiff's OBJECTIONS to the Report and Recommendations submitted by Federal Magistrate Jared Strauss,34 Report and Recommendations by Kevin Bain. (nan) |
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| Wednesday, January 29, 2025 | ||
| 34 | 34
motion
Report and Recommendations
Wed 01/29 2:03 PM
REPORT AND RECOMMENDATION, recommending that28 Defendants' MOTION to Dismiss be GRANTED to the extent provided in this Report and Recommendation. Specifically, this action should be DISMISSED without leave to amend. Dismissal is appropriate under Rule 12(b)(6) and on qualified immunity grounds. Additionally, Plaintiff's request for injunctive relief is separately subject to dismissal on Younger abstention grounds. Objections to R&R due by 2/12/2025. Signed by Magistrate Judge Jared M. Strauss on 1/29/2025. See attached document for full details. (emd) |
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| Monday, December 30, 2024 | ||
| 33 | 33
1
pgs
order
Order Referring Motion
Tue 12/31 9:37 AM
ORDER OF REFERRAL28 Defendant's MOTION to Dismiss with Prejudice22 Amended Complaint/Amended Notice of Removal filed by James Hyppolite, Brandon McCord, Larry Akers for a Report and Recommendation. Motions referred to Judge Jared M. Strauss. Signed by Judge Raag Singhal on 12/30/2024. See attached document for full details. (cds) |
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| Tuesday, December 17, 2024 | ||
| 32 | 32
order
Order on Motion for Appointment of Special Process Server
Tue 12/17 8:35 PM
PAPERLESS ORDER denying as MOOT Plaintiff's Motion to Order US Marshals to Serve Amended Complaint (DE24 ). Defendants had waived service of process, as they noted in their Unopposed Motion for Extension of Time (DE26 at 6), and have filed a responsive Motion to Dismiss Plaintiff's Amended Complaint (DE28 ). Signed by Judge Raag Singhal on 12/17/2024. (nni) |
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| Wednesday, September 18, 2024 | ||
| 31 | 31
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 09/18 2:44 PM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by Larry Akers, James Hyppolite, Brandon McCord identifying Other Affiliate Broward County Sheriff's Office for Brandon McCord, James Hyppolite, Larry Akers (Hayes, Colin) |
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| Thursday, September 12, 2024 | ||
| 30 | 30
respm
Response/Reply (Other)
Thu 09/12 11:48 AM
Defendant's REPLY to29 Response to Motion, by Larry Akers, James Hyppolite, Brandon McCord. (Hayes, Colin) |
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| Thursday, September 05, 2024 | ||
| 29 | 29
respm
Response to Motion
Thu 09/05 3:25 PM
RESPONSE to Motion re28 Defendant's MOTION to Dismiss with Prejudice22 Amended Complaint/Amended Notice of Removal filed by Kevin Bain. Replies due by 9/12/2024.(pcs) |
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Att: 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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Att: 12
Exhibit 12,
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Att: 13
Exhibit 13,
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Att: 14
Exhibit 14,
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Att: 15
Exhibit 15
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| Friday, August 23, 2024 | ||
| 28 | 28
motion
Dismiss
Fri 08/23 3:49 PM
Defendant's MOTION to Dismiss with Prejudice22 Amended Complaint/Amended Notice of Removal by Larry Akers, James Hyppolite, Brandon McCord. Responses due by 9/6/2024.(Hayes, Colin) |
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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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| Tuesday, August 13, 2024 | ||
| 27 | 27
order
Order on Motion for Extension of Time
Tue 08/13 11:08 AM
PAPERLESS ORDER granting26 Unopposed Motion for Extension of Time to Respond to the Amended Complaint. Responses due by 8/26/2024. Signed by Judge Raag Singhal on 8/13/2024. (nni) |
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| Friday, August 09, 2024 | ||
| 26 | 26
motion
Extension of Time
Fri 08/09 10:53 AM
Defendant's MOTION for Extension of Time to file a responsive pleading to Plaintiff's Complaint re1 Complaint by Larry Akers, James Hyppolite, Brandon McCord. Responses due by 8/23/2024.(Hayes, Colin) |
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Att: 1
Text of Proposed Order
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| 25 | 25
notice
Notice of Attorney Appearance
Fri 08/09 10:46 AM
NOTICE of Attorney Appearance by Colin Tillinghast Hayes on behalf of Larry Akers, James Hyppolite, Brandon McCord. Attorney Colin Tillinghast Hayes added to party Larry Akers(pty:dft), Attorney Colin Tillinghast Hayes added to party James Hyppolite(pty:dft), Attorney Colin Tillinghast Hayes added to party Brandon McCord(pty:dft). (Hayes, Colin) |
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| Thursday, August 01, 2024 | ||
| 24 | 24
motion
Appointment of Special Process Server (e.g., US Marshal)
Fri 08/02 11:24 AM
MOTION to Order US Marshals to Serve Amended Complaint by Kevin Bain. Responses due by 8/15/2024. (scn) |
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| Wednesday, July 31, 2024 | ||
| 23 | 23
service
Summons Issued
Wed 07/31 10:00 AM
Summons Issued as to Larry Akers, James Hyppolite, Brandon McCord. (scn) |
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| Monday, July 29, 2024 | ||
| 22 | 22
cmp
Amended Complaint/Amended Notice of Removal
Wed 07/31 9:59 AM
AMENDED COMPLAINT against Larry Akers, James Hyppolite, Brandon McCord, filed by Kevin Bain.(scn) |
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| 21 | 21
notice
Notice (Other)
Tue 07/30 1:05 PM
NOTICE of Filing of Complaint by Kevin Bain (Duplicate of DE#1). (scn) |
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Att: 1
Proposed Summonses (already returned at DE#20)
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| Tuesday, July 23, 2024 | ||
| 20 | 20
service
Summons (Affidavit) Returned Executed
Tue 07/23 11:45 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 Larry Akers served on 7/23/2024, response/answer due 8/13/2024; James Hyppolite served on 7/23/2024, response/answer due 8/13/2024; Brandon McCord served on 7/23/2024, response/answer due 8/13/2024. (scn) |
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| Tuesday, July 16, 2024 | ||
| 19 | 19
notice
Clerk's Notice (Other) with Optional Ad Hoc NEF
Tue 07/16 3:16 PM
CLERK'S NOTICE re18 Order Referring Case to Volunteer Attorney Program. Additional Notice of Electronic Filing (NEF) sent to Volunteer/Pro Bono Counsel Staff. (scn) |
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| 18 | 18
3
pgs
order
Order on Motion for Miscellaneous Relief Order on Motion to Appoint Counsel
Tue 07/16 3:02 PM
ORDER REFERRING CASE TO VOLUNTEER ATTORNEY PROGRAM: Plaintiff's Motion for Electronic Filing Privileges (DE15 ) is DENIED. Plaintiff's Motion to Appoint Counsel (DE16 ) is DENIED. This matter is referred to the Court's Volunteer Attorney Program, where a volunteer attorney may accept the representation on a pro bono basis if so desired. Signed by Judge Raag Singhal on 7/16/2024. See attached document for full details. (scn) |
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| Monday, July 15, 2024 | ||
| 17 | 17
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Tue 07/16 7:50 AM
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Kevin Bain. (scn) |
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| 16 | 16
motion
Appoint Counsel
Tue 07/16 7:49 AM
MOTION to Appoint Counsel by Kevin Bain. Responses due by 7/29/2024. (scn) |
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| 15 | 15
motion
Miscellaneous Relief
Tue 07/16 7:49 AM
MOTION for the Privilege of Electronic Filing by Kevin Bain. (scn) |
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| Friday, July 12, 2024 | ||
| 14 | 14
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 07/12 3:27 PM
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Kevin Bain. (scn) |
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| Wednesday, July 10, 2024 | ||
| 13 | 13
notice
Notice of Compliance
Wed 07/10 3:26 PM
NOTICE of Compliance re11 Order on Motion for Leave to Proceed in forma pauperis. DE#'s 1, 11 and 12 provided to US Marshal in FTP for service. (scn) |
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| 12 | 12
service
Summons Issued
Wed 07/10 3:24 PM
Summons Issued as to Larry Akers, James Hyppolite and Brandon McCord. (scn) |
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| 11 | 11
2
pgs
order
Order on Motion for Leave to Proceed In Forma Pauperis
Wed 07/10 3:23 PM
ORDER Granting3 Motion for Leave to Proceed in forma pauperis. USM Service Ordered and Summonses provided for USM Service . Signed by Judge Raag Singhal on 7/10/2024. See attached document for full details. (scn) |
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| Tuesday, July 09, 2024 | ||
| 10 | 10
order
Clerk's Notice to Filer - ELECTRONIC CASE, SUMMONS(ES)
Tue 07/09 3:30 PM
Clerk's Notice to Filer re: Summons(es) will not be issued. The motion to proceed in forma pauperis is pending. Filer may file a Notice of Filing Proposed Summons(es) with the summons attached upon motion being granted or payment of filing fee. (scn) |
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| 9 | 9
notice
Notice (Other)
Tue 07/09 3:26 PM
COPIES FOR ALL FIVE COMPLAINTS AND A SUMMON FOR EACH DEFENDANT by Kevin Bain. (scn) |
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Att: 1
Complaint & Exhibits,
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Att: 2
Proposed Summons
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| 8 | 8
4
pgs
order
Order Requiring Joint Scheduling Report
Tue 07/09 1:14 PM
ORDER REQUIRING SCHEDULING REPORT: Within twenty (20) days of an appearance by a Defendant in this case, the parties are directed to prepare and file a joint scheduling report, as required by Local Rule 16.1. Signed by Judge Raag Singhal on 7/9/2024. See attached document for full details. (scn) |
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order
- Order (PAPERLESS or pdf attached)
Tue 07/09 1:00 PM
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge Raag Singhal on 7/9/2024. See attached document for full details. (scn) |
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| 6 | 6
order
- Order (PAPERLESS or pdf attached)
Tue 07/09 11:33 AM
PAPERLESS ORDER TO FILE CERTIFICATE OF INTERESTED PERSONS Within SEVEN (7) DAYS of entry of an appearance, each party, including governmental parties, must file certificates of interested parties and corporate disclosure statements that contain a complete list of persons, associated persons, firms, partnerships, or corporations that have a financial interest in the outcome of this case, including subsidiaries, conglomerates, affiliates, parent corporations, and other identifiable legal entities related to a party. The parties shall not include Judge Singhal or the paired magistrate judges unless they have an interest in the litigation. Throughout the pendency of the action, the parties are under a continuing obligation to amend, correct, and update the certificates. Signed by Judge Raag Singhal on 7/9/2024. (jgr) |
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| 5 | 5
order
Notice of Court Practice/to Appear/Other
Tue 07/09 11:31 AM
NOTICE OF COURT PRACTICE Unless otherwise specified by the Court, every motion, legal memorandum, brief, and otherwise shall: be double-spaced, in justified alignment, in 12-point font, using either Times New Roman or Arial typeface. This Notice does not supplant the requirements and provisions of Local Rule 7.1(c). The Court cautions parties against excessive use of footnotes. Multiple Plaintiffs or Defendants shall file joint motions (and responses to motions) with co-parties unless there are clear conflicts of position. If conflicts of position exist, parties shall explain the conflicts in their separate motions (and responses). Motions for Extension of Time Parties are encouraged to seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing; no motion is, unless expressly provided for by the applicable rule. Yet, by filing these motions on or near the last day, and then sitting idle pending the Court's disposition of the motion, parties essentially grant their own motion. The Court will not condone this." Compere v. Nusret Miami, LLC , 2020 WL 2844888, at *2 (S.D. Fla. May 7, 2020) (internal citations omitted). Labeling Exhibits on CM/ECF Exhibits to pleadings and motions shall be docketed in accordance with the Court's CM/ECF procedures, Rule 3L.(2): (2) Describing an Attachment to a Docket Entry A party filing an attachment to a document shall select one of the prescribed attachment categories from the drop-down menu (e.g., affidavit, transcript), provide an alphabetical or numerical designation (e.g., Exhibit A, Exhibit 1), and descriptively name each attachment (e.g., Exhibit 1 - Affidavit of Boo Radley ) in a manner that enables the Court to easily locate and distinguish attachments. (Emphasis added.) Notices of Settlement Local Rule 16.4, Local Rules for the United States District Court for the Southern District of Florida, requires that a Notice of Settlement "shall be filed and served jointly by counsel for all parties to the settlement." A unilateral notice of settlement will not stay pre-trial deadlines or hearings. Failure to comply with any of these procedures may result in the imposition of appropriate sanctions. Signed by Judge Raag Singhal on 7/9/2024. (jgr) |
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| Tuesday, July 02, 2024 | ||
| 4 | 4
misc
Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing
Wed 07/03 9:12 AM
Consent by Pro Se Litigant (Non-Prisoner) Kevin Bain to receive Notices of Electronic Filing at email address: Moorish3000@gmail.com (drz) |
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| 3 | 3
motion
Proceed In Forma Pauperis
Wed 07/03 9:11 AM
MOTION for Leave to Proceed in forma pauperis by Kevin Bain. (drz) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Wed 07/03 9:10 AM
Clerks Notice of Judge Assignment to Judge Raag Singhal. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Jared M. Strauss is available to handle any or all proceedings in this case. If agreed, parties should complete and file the Consent form found on our website. It is not necessary to file a document indicating lack of consent. Pro se (NON-PRISONER) litigants may receive Notices of Electronic Filings (NEFS) via email after filing a Consent by Pro Se Litigant (NON-PRISONER) to Receive Notices of Electronic Filing. The consent form is available under the forms section of our website. (drz) |
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| 1 | 1
cmp
Complaint
Wed 07/03 9:08 AM
COMPLAINT FOR VIOLATION OF CIVIL RIGHTS against Larry Akers, James Hyppolite, Brandon McCord. Filing fees $ 405.00. IFP Filed, filed by Kevin Bain.(drz) |
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Att: 1
Civil Cover Sheet
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