Bain v. Merrigan
| Florida Southern District Court | |
| Judge: | Melissa Damian |
| Case #: | 0:25-cv-60331 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1343 Violation of Civil Rights |
| Case Filed: | Feb 20, 2025 |
| Last checked: Sunday Apr 06, 2025 5:27 AM EDT |
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Defendant
Edward H. Merrigan
State Judge for the 17th Circuit Courts of Florida 201 SE 6th St Ste. 6910
Ft. Lauderdale, FL 33301 |
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Plaintiff
Kevin Bain
16442 NW 13th St
Pembroke Pines, FL 33028 |
| Docket last updated: 05/16/2025 11:59 PM EDT |
| Thursday, May 08, 2025 | ||
| 34 | 34
notice
Notice (Other)
Fri 05/09 10:31 AM
2nd NOTICE OF THE 21-DAY "SAFE HARBOR" PERIOD BEFORE THE FILING OF A MOTION OF SANCTIONS AGAINST JULIA J. MCBEE FOR HER BAD-FAITH AVERMENT by Kevin Bain. (amb) |
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| 33 | 33
motion
Leave to File Document
Fri 05/09 10:29 AM
MOTION for Leave to File Amended Complaint under Hall V. Merola, 67 F.4th 1282, 1295 by Kevin Bain.(amb) |
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Att: 1
Amended Complaint,
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Att: 2
Exhibits
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| Wednesday, April 30, 2025 | ||
| 32 | 32
respm
Response/Reply (Other)
Wed 04/30 3:56 PM
Defendant's REPLY to27 Response/Reply (Other) by Edward H. Merrigan. (McBee, Julia) |
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| Tuesday, April 29, 2025 | ||
| 31 | 31
motion
Recusal
Wed 04/30 9:48 AM
MOTION for Recusal of Judge Melissa Damian Under 28 U.S. Code 455(b)(1) by Kevin Bain.(nan) |
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Att: 1
Exhibit
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| Thursday, April 24, 2025 | ||
| 30 | 30
order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 04/24 2:34 PM
Clerks Notice of Judge Assignment to Judge Melissa Damian. Magistrate Judge Patrick M. Hunt no longer assigned as presider. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (nan) |
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| 29 | 29
order
Order on Motion to Reassign Case
Thu 04/24 11:43 AM
PAPERLESS ORDER granting26 Motion to Reassign Case to a District Court Judge. Pursuant to Administrative Order 2025-11, the Clerk must randomly reassign this case to a District Judge, keeping the undersigned Magistrate Judge assigned to the case. Signed by Magistrate Judge Patrick M. Hunt on 4/22/2025. (mhr) |
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| Wednesday, April 23, 2025 | ||
| 28 | 28
notice
Notice (Other)
Thu 04/24 10:14 AM
NOTICE of 21-Day "Safe Harbor" Period Before the Filing of a Motion of Sanctions Against Julia J. Mcbee for her Bad-Faith Averments and Violation of R.Regul.FL. Bar 4-8.3(b) in Her Filed Motion to Dismiss by Kevin Bain (nan) |
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| 27 | 27
respm
Response/Reply (Other)
Thu 04/24 10:11 AM
The Plaintiff's RESPONSE to the24 Defendant's MOTION to Dismiss with Prejudice20 Amended Complaint/Amended Notice of Removal by Kevin Bain. (nan) |
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| Thursday, April 17, 2025 | ||
| 26 | 26
motion
Reassign Case
Thu 04/17 3:30 PM
MOTION FOR CASE REASSIGNMENT TO OBJECT (NONCONSENT/OPTING-OUT) TO FEDERAL JUDGE PATRICK M. HUNT HAVING JURISDICTION OVER THE INSTANT CASE DUE TO SAID JUDGE VIOLATING FEDERAL RULES OF CRIMINAL PROCEDURE RULE 41(e)(l) by Kevin Bain.(nan) |
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| Wednesday, April 16, 2025 | ||
| 25 | 25
motion
Recusal
Thu 04/17 3:28 PM
AMENDED MOTION to Recuse Federal Judge Patrick M. Hunt for Violating FED.R.CRIM.P.RULE 41(e)(1) and Having Ex Parte Communications Against the Plaintiff in Two Search Warrant Application Hearings by Kevin Bain. (nan) |
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| Tuesday, April 15, 2025 | ||
| 24 | 24
motion
Dismiss
Tue 04/15 11:58 AM
Defendant's MOTION to Dismiss with Prejudice20 Amended Complaint/Amended Notice of Removal by Edward H. Merrigan. Responses due by 4/29/2025.(McBee, Julia) |
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Att: 1
Exhibit Ex A State Court Docket
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| Monday, April 14, 2025 | ||
| 23 | 23
order
- Order (PAPERLESS or pdf attached)
Mon 04/14 5:16 PM
ORDER REGARDING MAGISTRATE JUDGE JURISDICTION AND OPTION FOR CASE REASSIGNMENT TO DISTRICT JUDGE. Signed by Magistrate Judge Patrick M. Hunt on 4/14/2025. See attached document for full details. (mhr) |
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| Monday, April 07, 2025 | ||
| 22 | 22
notice
Notice of Attorney Appearance
Mon 04/07 4:12 PM
NOTICE of Attorney Appearance by Julia Joy McBee on behalf of Edward H. Merrigan. Attorney Julia Joy McBee added to party Edward H. Merrigan(pty:dft). (McBee, Julia) |
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| Wednesday, April 02, 2025 | ||
| 21 | 21
service
Summons (Affidavit) Returned Executed
Thu 04/03 3:20 PM
SUMMONS (Affidavit) Returned Executed on20 Amended Complaint/Amended Notice of Removal with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Kevin Bain. Edward H. Merrigan served on 3/28/2025, response/answer due 4/18/2025. (nan) |
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| Monday, March 31, 2025 | ||
| 20 | 20
cmp
Amended Complaint/Amended Notice of Removal
Tue 04/01 10:03 AM
AMENDED COMPLAINT against Edward H. Merrigan, filed by Kevin Bain.(nan) |
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| Thursday, March 27, 2025 | ||
| 19 | 19
order
Order on Motion for Clerk's Entry of Default - FORM
Thu 03/27 1:41 PM
Clerk's Non-Entry of Default re18 Motion for Clerk's Entry of Default as to Edward H. Merrigan. Reason: Summons (Affidavit) Returned Executed OR Waiver of Service Executed - All Documents Showing Proof of Service of Process has NOT been entered on the docket - and Method of Service. Signed by DEPUTY CLERK FTL on 3/27/2025. See attached document for full details. (nan) |
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| Wednesday, March 26, 2025 | ||
| 18 | 18
motion
CLERK'S ENTRY OF DEFAULT
Thu 03/27 1:29 PM
MOTION for Clerk's Entry of Default as to Edward H. Merrigan by Kevin Bain.(nan) |
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Att: 1
Exhibits
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| Tuesday, March 11, 2025 | ||
| 17 | 17
service
Acknowledgment of Service
Wed 03/12 11:33 AM
ACKNOWLEDGMENT OF SERVICE filed by Kevin Bain. (nan) |
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| 16 | 16
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Wed 03/12 11:32 AM
Certificate of Interested Persons and Corporate Disclosure Statement - NONE disclosed by Kevin Bain (nan) |
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| 15 | 15
motion
Recusal
Wed 03/12 11:23 AM
MOTION to Recuse Federal Judge Patrick M. Hunt for Having Ex-Parte Communications Against the Plaintiff by Signing Search Warrant Applications Against the Plaintiff without the Plaintiff being Heard During such Warrant Application Hearings. by Kevin Bain. (nan) |
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| Thursday, March 06, 2025 | ||
| 14 | 14
utility
Case Referred to Magistrate Judge
Thu 03/06 10:32 AM
CASE REFERRED to Magistrate Judge Patrick M. Hunt. Per DE#12 . (nan) |
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| 13 | 13
notice
Notice of Compliance
Thu 03/06 10:30 AM
NOTICE of Compliance re12 Order on Motion for Leave to File,, Order on Motion for Recusal,, Order on Motion to Strike. A copy of the Order was mailed to the Plaintiff. (nan) |
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| Wednesday, March 05, 2025 | ||
| 12 | 12
3
pgs
order
Order on Motion for Leave to File Order on Motion for Recusal Order on Motion to Strike
Thu 03/06 10:24 AM
OMNIBUS ORDER. ORDER granting9 Motion for Leave to File. Denying10 Motion for Recusal; granting11 Motion to Strike ; granting11 Motion for Leave to File. Although not newly filed, this case is REFERRED to United States Magistrate Judge Hunt for appropriate disposition. The Clerk is DIRECTED to mail a copy of this Order to the address below. Signed by Judge William P. Dimitrouleas on 3/5/2025. See attached document for full details. (nan) |
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| Monday, March 03, 2025 | ||
| 11 | 11
motion
Strike Leave to File Document
Tue 03/04 12:52 PM
MOTION to Strike filed1 Complaint on February 20, 2025 for Case 0:25-cv-60331-WPD with New Complaint (Attached to the Instant Notice to Strike) ( Responses due by 3/17/2025.) by Kevin Bain.(nan) |
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Att: 1
Exhibit A
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| 10 | 10
motion
Recusal
Tue 03/04 12:49 PM
MOTION for Recusal federal Judge William P. Dimitrouleas for Sua Sponte Show Cause Order with no Justiciability (Lack of Ripeness) that Violated the Plaintiff's Right to Petition the Government for Redress of Grievances and the Right of a Black Man to Sue Under Section 1 of the 1866 Civil Rights Act. by Kevin Bain. (nan) |
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| 9 | 9
motion
Leave to File Document
Tue 03/04 12:46 PM
MOTION for Leave to File Brought by Federal Judge Williams P. Dimitrouleas Sua Sponte Show Cause Order with Ni Justiciability (Lack of Ripeness) Due to the Instant Process Server not even Serving the Defendant yet (No personal Jurisdiction over the Defendant) by Kevin Bain. (nan) |
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| Tuesday, February 25, 2025 | ||
| 8 | 8
notice
Notice of Compliance
Tue 02/25 2:39 PM
NOTICE of Compliance re7 Order to Show Cause. A copy of the Order was mailed to the Plaintiff. (nan) |
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| 7 | 7
5
pgs
order
Order to Show Cause
Tue 02/25 2:33 PM
ORDER TO SHOW CAUSE WHY CASE SHOULD NOT BE DISMISSED AND ORDER TO SHOW CAUSE WHY PLAINTIFF SHOULD BE FURTHER ENJOINED FROM FILING VERXATIOUS ACTIONS. Show Cause Response due by 3/8/2025. Signed by Judge William P. Dimitrouleas on 2/24/2025. See attached document for full details. (nan) |
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| Friday, February 21, 2025 | ||
| 6 | 6
3
pgs
order
Order of Instructions to Pro Se Litigant
Fri 02/21 1:55 PM
ORDER OF INSTRUCTIONS TO PRO SE LITIGANT. Signed by Judge William P. Dimitrouleas on 2/21/2025. See attached document for full details. (amb) |
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| Thursday, February 20, 2025 | ||
| 5 | 5
service
Summons Issued
Thu 02/20 1:24 PM
Summons Issued as to Edward H. Merrigan. (amb) |
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| 4 | 4
misc
Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing
Thu 02/20 1:22 PM
Consent by Pro Se Litigant (Non-Prisoner) Kevin Bain to receive Notices of Electronic Filing at email address: Moorish3000@gmail.com (amb) |
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| 3 | 3
misc
Clerk's Receipt (combines Filing Fee and Partial Filing Fee)
Thu 02/20 1:19 PM
Clerks Notice of Receipt of Filing Fee received on 2/20/2025 in the amount of $ 405.00, receipt number 19717 (amb) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 02/20 10:13 AM
Clerks Notice of Judge Assignment to Judge William P. Dimitrouleas. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Patrick M. Hunt 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. (pc) |
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| 1 | 1
cmp
Complaint
Thu 02/20 10:10 AM
COMPLAINT against Edward H. Merrigan. Filing fees $ 405.00 (DUE), filed by Kevin Bain.(pc) |
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Att: 1
Civil Cover Sheet,
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Att: 2
Exhibit
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