Florida Southern District Court
Judge:Aileen M Cannon
Referred: Shaniek Mills Maynard
Case #: 2:24-cv-14292
Nature of Suit440 Civil Rights - Other Civil Rights
Cause42:1983 Civil Rights Act
Case Filed:Sep 06, 2024
Last checked: Wednesday Mar 05, 2025 4:55 AM EST
Defendant
Okeechobee County Municipality
Represented By
Geraldo Francis Olivo, III
Henderson Franklin Starnes & Holt
contact info
Defendant
Okeechobee County Property Appraiser
Mickey L. Bandi 307 NW 5th av.
Okeechobee, FL 34974
Represented By
Loren Eugene Levy
The Levy Law Firm
contact info
Defendant
Okeechobee County Tax Collector
Represented By
Loren Eugene Levy
The Levy Law Firm
contact info
Plaintiff
Mary Downman Principe
896 NE 104th Ct.
Okeechobee, FL 34974
Plaintiff
Scott A. Principe
896 NE 104th Ct
Okeechobee, FL 34974
Plaintiff
David A. Steen
2114 SE 34th Ln.
Okeechobee, FL 34974


Docket last updated: 5 hours ago
Wednesday, April 30, 2025
42 42 respoth Response to Objection to Report and Recommendations Wed 04/30 8:34 PM
RESPONSE TO OBJECTION to39 Report and Recommendations , Defendants' Joint Response, by Okeechobee County Municipality. (Olivo, Geraldo)
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Wednesday, April 16, 2025
41 41 respoth Objections to Report and Recommendations Wed 04/16 3:07 PM
OBJECTIONS to39 Report and Recommendations by Scott A. Principe, Mary Downman Principe, David A. Steen.(ebz)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 1A,
Att: 3 Exhibit 2,
Att: 4 Exhibit 2A,
Att: 5 Exhibit 3,
Att: 6 Exhibit 3A
Tuesday, April 08, 2025
40 40 notice Notice (Other) Tue 04/08 5:58 PM
NOTICE of Non-Objection by Okeechobee County Municipality, Okeechobee County Property Appraiser, Okeechobee County Tax Collector re39 REPORT AND RECOMMENDATIONS on 42 USC 1983 case re35 Joint MOTION to Dismiss for Lack of Jurisdiction14 Amended Complaint/Amended Notice of Removal, filed by Okeechobee County Municipality, Okeechobee County Property Appraiser, Ok (Levy, Loren)
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Thursday, April 03, 2025
39 39 motion Report and Recommendations Thu 04/03 12:38 PM
REPORT AND RECOMMENDATIONS ON DEFENDANTS' COMBINED MOTION TO DISMISS re35 Joint MOTION to Dismiss for Lack of Jurisdiction14 Amended Complaint/Amended Notice of Removal, filed by Okeechobee County Municipality, Okeechobee County Property Appraiser, Okeechobee County Tax Collector. Recommending that Defendants' Combined Motion to Dismiss, DE35 , be GRANTED; that the Amended Complaint be DISMISSED WITH PREJUDICE; and that this case be CLOSED. Objections to R&R due by 4/17/2025 Signed by Magistrate Judge Shaniek Mills Maynard on 4/3/2025. See attached document for full details. (ebz)
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Tuesday, December 03, 2024
38 38 respm Reply to Response to Motion Tue 12/03 4:56 PM
REPLY to Response to Motion re35 Joint MOTION to Dismiss for Lack of Jurisdiction14 Amended Complaint/Amended Notice of Removal, filed by Okeechobee County Municipality. (Olivo, Geraldo)
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37 37 order Order Referring Motion Tue 12/03 9:43 AM
PAPERLESS ORDER: Pursuant to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, Defendants' Motion to Dismiss35 is hereby REFERRED to Magistrate Judge Shaniek M. Maynard for a Report and Recommendation. Signed by Judge Aileen M. Cannon on 12/3/2024. (bbk)
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Monday, November 25, 2024
36 36 respm Response to Motion Tue 11/26 11:53 AM
Plaintiff's Response to Defendants Motion to Dismiss re35 Joint MOTION to Dismiss for Lack of Jurisdiction14 Amended Complaint/Amended Notice of Removal, filed by Mary Downman Principe, Scott A. Principe, David A. Steen. Replies due by 12/2/2024.(ebz)
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Att: 1 Exhibit 1,
Att: 2 Exhibit 1a,
Att: 3 Exhibit 2,
Att: 4 Exhibit 2a
Wednesday, November 13, 2024
35 35 motion Dismiss/Lack of Jurisdiction Wed 11/13 2:42 PM
Joint MOTION to Dismiss for Lack of Jurisdiction14 Amended Complaint/Amended Notice of Removal, by Okeechobee County Municipality, Okeechobee County Property Appraiser, Okeechobee County Tax Collector. Responses due by 11/27/2024. (Olivo, Geraldo)
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Tuesday, November 12, 2024
34 34 notice Notice of CHANGE OF ADDRESS, Email or Law Firm Name Tue 11/12 2:03 PM
NOTICE of Change of EMAIL by Pro Se Litigant (Non-Prisoner) to Receive Notices of Electronic Filing; CM/ECF Help Desk was noticed; by David A. Steen. (Correct Email for Pro Se Litigant is murfy196755@gmail.com) (wce)
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33 33 notice Clerk's Notice - Attorney Admissions Tue 11/12 8:46 AM
CLERK'S NOTICE - Attorney Admissions has updated the address information as submitted through attorneys PACER account for attorney Geraldo Francis Olivo, III re30 Notice of Change of Address, Email or Law Firm Name (pt)
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32 32 order Order on Motion for Leave to File Excess Pages Tue 11/12 8:28 AM
PAPERLESS ORDER granting31 Motion for Leave to File Excess Pages. Signed by Judge Aileen M. Cannon on 11/12/2024. (bbk)
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Monday, November 11, 2024
31 31 motion File Excess Pages Mon 11/11 4:11 PM
Joint MOTION for Leave to File Excess Pages by Okeechobee County Municipality, Okeechobee County Property Appraiser, Okeechobee County Tax Collector. (Olivo, Geraldo)
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30 30 notice Notice of CHANGE OF ADDRESS, Email or Law Firm Name Mon 11/11 10:12 AM
NOTICE of Change of Address/Contact Information; by Geraldo Francis Olivo, III (Olivo, Geraldo)
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Thursday, November 07, 2024
29 29 order Order on Motion to Dismiss for Failure to State a Claim Thu 11/07 3:00 PM
PAPERLESS ORDER denying without prejudice the individually filed27 28 Motions to Dismiss14 Plaintiffs' Amended Complaint. Pursuant to the Court's Order Requiring Combined Responses15 , "Defendants shall submit a single combined response or separate answers within the time allowed for the last-served Defendant to respond." Accordingly, on or before November 14, 2024 , Defendants shall file a combined response or separate answers to Plaintiffs' Amended Complaint14 . Arguments or positions raised by a single Defendant can be identified as such in any forthcoming combined response. Any request for additional pages must be made in the form of a written motion, due on or before November 11, 2024 , specifying and justifying the relief sought. Signed by Judge Aileen M. Cannon on 11/7/2024. (bbk)
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utility ~Util - Set/Reset Response/Answer Due Deadline Thu 11/07 3:37 PM
Set/Reset Response/Answer Due Deadline: Okeechobee County Municipality response/answer due 11/14/2024; Okeechobee County Property Appraiser response/answer due 11/14/2024; Okeechobee County Tax Collector response/answer due 11/14/2024. Per DE# 29 (nan)
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Wednesday, November 06, 2024
28 28 motion Dismiss for Failure to State a Claim Wed 11/06 9:31 PM
Defendant's MOTION TO DISMISS14 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Okeechobee County Property Appraiser, Okeechobee County Tax Collector. Responses due by 11/20/2024.(Levy, Loren)
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Att: 1 Exhibit A,
Att: 2 Exhibit B
27 27 motion Dismiss for Failure to State a Claim Wed 11/06 8:16 PM
MOTION TO DISMISS14 Amended Complaint/Amended Notice of Removal, FOR FAILURE TO STATE A CLAIM by Okeechobee County Municipality. Attorney Geraldo Francis Olivo, III added to party Okeechobee County Municipality(pty:dft). Responses due by 11/20/2024. (Olivo, Geraldo)
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Thursday, October 31, 2024
26 26 notice Notice (Other) Thu 10/31 12:38 PM
NOTICE of filing Supplement of Service by Mary Downman Principe, Scott A. Principe, David A. Steen re 24 Order. (ebz)
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Monday, October 28, 2024
25 25 notice Notice of Attorney Appearance Mon 10/28 12:04 PM
NOTICE of Attorney Appearance by Loren Eugene Levy on behalf of Okeechobee County Property Appraiser, Okeechobee County Tax Collector. Attorney Loren Eugene Levy added to party Okeechobee County Property Appraiser(pty:dft), Attorney Loren Eugene Levy added to party Okeechobee County Tax Collector (pty:dft). (Levy, Loren)
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24 24 order - Order (PAPERLESS or pdf attached) Mon 10/28 9:10 AM
PAPERLESS ORDER: To ensure proper service on Defendant Okeechobee County Municipality, and mindful of the policy disfavoring defaults, the Court hereby directs Plaintiffs to file a Supplement on Service on or before November 4, 2024 . The Supplement shall clarify Plaintiffs' efforts to properly serve Defendant Okeechobee County Municipality under Fla. Stat. § 48.111, which provides that a plaintiff must first attempt to serve "the registered agent" of a municipality. Only if the municipality " does not have a registered agent, or if the registered agent cannot otherwise be served after one good faith attempt " may another statutorily provided individual be served under § 48.111(1)(b). Fla. Stat. § 48.111 (emphasis added). Signed Judge Aileen M. Cannon on 10/25/2024 (bbk)
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Friday, October 25, 2024
23 23 service Summons (Affidavit) Returned Executed Fri 10/25 2:55 PM
SUMMONS (Affidavit) Returned Executed on14 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Scott A. Principe, David A. Steen, Mary Downman Principe. Okeechobee County Property Appraiser served on 10/23/2024, response/answer due 11/6/2024. (ebz)
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22 22 service Summons (Affidavit) Returned Executed Fri 10/25 2:53 PM
SUMMONS (Affidavit) Returned Executed on14 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Scott A. Principe, David A. Steen, Mary Downman Principe. Okeechobee County Municipality served on 10/23/2024, response/answer due 11/6/2024. (ebz)
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21 21 service Summons (Affidavit) Returned Executed Fri 10/25 2:52 PM
SUMMONS (Affidavit) Returned Executed on14 Amended Complaint/Amended Notice of Removal, with a 14 day response/answer filing deadline pursuant to Fed. R. Civ. P. 15 by Scott A. Principe, David A. Steen, Mary Downman Principe. Okeechobee County Tax Collector served on 10/17/2024, response/answer due 10/31/2024. (ebz)
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Wednesday, October 16, 2024
20 20 service Summons Issued Wed 10/16 12:48 PM
Summons Issued as to Okeechobee County Municipality, Okeechobee County Property Appraiser, Okeechobee County Tax Collector. (mab)
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Monday, October 07, 2024
19 19 misc Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing Tue 10/08 11:10 AM
Consent by Pro Se Litigant (Non-Prisoner) Mary Downman Principe to receive Notices of Electronic Filing at email address: Principemary@gmail.com (ebz)
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18 18 misc Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing Tue 10/08 11:08 AM
Consent by Pro Se Litigant (Non-Prisoner) David A. Steen to receive Notices of Electronic Filing at email address: Murty196755@gmail.com (ebz)
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17 17 misc Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing Tue 10/08 10:58 AM
Consent by Pro Se Litigant (Non-Prisoner) Scott A. Principe to receive Notices of Electronic Filing at email address: PrincipeScott3@gmail.com (ebz)
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16 16 misc Response to Order to Show Cause Tue 10/08 10:55 AM
RESPONSE TO ORDER TO SHOW CAUSE re12 Order to Show Cause by Mary Downman Principe, Scott A. Principe, David A. Steen. (ebz)
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15 15 order - Order (PAPERLESS or pdf attached) Tue 10/08 9:11 AM
ORDER REQUIRING COMBINED RESPONSES. Signed by Judge Aileen M. Cannon on 10/7/2024. See attached document for full details. (ebz)
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Friday, October 04, 2024
14 14 cmp Amended Complaint/Amended Notice of Removal Fri 10/04 2:14 PM
AMENDED COMPLAINT against Okeechobee County Municipality, Okeechobee County Property Appraiser, Okeechobee County Tax Collector filed in response to Order Granting Motion for Leave, filed by Scott A. Principe, David A. Steen, Mary Downman Principe.(ebz)
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Thursday, October 03, 2024
13 13 notice Notice of Compliance Thu 10/03 11:14 AM
CLERK'S NOTICE of Compliance. Mailed a copy of DE12 Order to Show Cause, to Scott A. Principe, Mary Downman Principe, and David A. Steen. (ebz)
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12 12 2 pgs order Order to Show Cause Thu 10/03 11:12 AM
ORDER TO SHOW CAUSE. Show Cause Response due by 10/16/2024. Signed by Judge Aileen M. Cannon on 10/3/2024. See attached document for full details. (ebz)
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Thursday, September 12, 2024
11 11 service Summons (Affidavit) Returned Executed Thu 09/12 3:10 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Scott A. Principe, David A. Steen, Mary Downman Principe. Okeechobee County Tax Collector served on 9/9/2024, response/answer due 9/30/2024. (ebz)
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10 10 service Summons (Affidavit) Returned Executed Thu 09/12 3:09 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Scott A. Principe, David A. Steen, Mary Downman Principe. Okeechobee County Property Appraiser served on 9/9/2024, response/answer due 9/30/2024. (ebz)
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9 9 service Summons (Affidavit) Returned Executed Thu 09/12 3:08 PM
SUMMONS (Affidavit) Returned Executed on1 Complaint, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Scott A. Principe, David A. Steen, Mary Downman Principe. Okeechobee County Municipality served on 9/11/2024, response/answer due 10/2/2024. (ebz)
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Monday, September 09, 2024
8 8 order - Order (PAPERLESS or pdf attached) Mon 09/09 7:24 PM
NOTICE OF COURT PRACTICES ON SEALING/REDACTION: Notwithstanding the requirements of Local Rule 5.4 and/or any protective order, the parties are prohibited from filing anything under seal or from redacting any content from a court filing or exhibit/attachment (except for the personal data identifiers listed in Section 6A of this District's CM/ECF Administrative Procedures) unless the party with a stated interest in sealing/redaction first seeks and obtains permission from the Court via a motion for leave. The motion for leave must be filed after meaningful conferral with the opposing party (or parties) and be filed publicly except as authorized by prior Court order. Additionally, the motion for leave shall specify the particularized basis for sealing the proposed material; shall describe the information/documents to be sealed with as much specificity as possible but without attaching the proposed sealed material; shall indicate the proposed duration of the seal request and the reasons why means other than sealing are unavailable or unsatisfactory; shall contain a separate certificate of conference section indicating the results of the parties' meaningful conferral; and shall be filed at last three business days before any related deadline to permit adequate Court consideration. The party seeking authorization to seal material shall not file or otherwise attach the subject material until the Court has ruled on the motion for leave. Finally, all parties are advised that mere designation of material as confidential and/or otherwise subject to a protective order does not bind the Court, does not supplant the requirements of the Local Rules on sealing, and does not otherwise relieve the party seeking sealing/redaction from justifying its request under applicable legal principals governing the presumption of public access to civil proceedings. Failure to comply with this Notice may result in immediate unsealing of any unauthorized shielded material. Signed by Judge Aileen M. Cannon on 9/9/2024. (bbk)
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7 7 notice Notice of Compliance Mon 09/09 10:20 AM
CLERK'S NOTICE of Compliance. Mailed a copy of5 Order and6 Order, to Scott A. Principe, Mary Downman Principe, David A. Steen. (ebz)
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Sunday, September 08, 2024
6 6 order - Order (PAPERLESS or pdf attached) ~Util - Set/Reset Deadlines Mon 09/09 10:18 AM
ORDER DISMISSING COMPLAINT WITHOUT PREJUDICE AND PERMITTING REPLEADING re1 Complaint, filed by Scott A. Principe, Mary Downman Principe, David A. Steen, ( Amended Complaint due by 10/7/2024.) Signed by Judge Aileen M. Cannon on 9/9/2024. See attached document for full details. (ebz)
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5 5 order - Order (PAPERLESS or pdf attached) Mon 09/09 10:11 AM
ORDER REQUIRING PRO SE PLAINTIFFS TO CONSENT TO RECEIVE ELECTRONIC FILINGS. Signed by Judge Aileen M. Cannon on 9/9/2024. See attached document for full details. (ebz)
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Friday, September 06, 2024
4 4 service Summons Issued Fri 09/06 2:49 PM
Summons Issued as to Okeechobee County Municipality, Okeechobee County Property Appraiser, Okeechobee County Tax Collector. (scn)
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3 3 misc Clerk's Receipt (combines Filing Fee and Partial Filing Fee) Fri 09/06 2:30 PM
Clerks Notice of Receipt of Filing Fee received on 9/6/2024 in the amount of $405.00, receipt number 3563 (scn)
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2 2 order Clerk's Notice of Judge Assignment and Optional Consent Fri 09/06 2:24 PM
Clerks Notice of Judge Assignment to Judge Aileen M. Cannon. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Shaniek M. Maynard 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. (scn)
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1 1 cmp Complaint Fri 09/06 2:22 PM
COMPLAINT against Okeechobee County Municipality, Okeechobee County Property Appraiser, Okeechobee County Tax Collector. Filing fees $ 405.00, filed by Scott A. Principe, David A. Steen, Mary Downman Principe.(scn)
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Att: 1 Civil Cover Sheet,
Att: 2 Exhibt 1,
Att: 3 Exhibiit 1A,
Att: 4 Exhibit 2,
Att: 5 Exhibit 3,
Att: 6 Exhibit 3A,
Att: 7 Exhibit 4,
Att: 8 Exhibit 4A,
Att: 9 Exhibit 5,
Att: 10 Exhibit 5A