Florida Middle District Court
Judge:Mary S Scriven
Referred: Christopher P Tuite
Case #: 8:23-cv-00485
Nature of Suit360 Torts - Personal Injury - Other Personal Injury
Cause28:1346 Tort Claim
Case Filed:Mar 03, 2023
Last checked: Thursday Aug 31, 2023 7:31 AM EDT
Defendant
United States of America
Represented By
Kristin McGrory
Doj-Civ
contact info
Herman Hoying
Doj-Civ
contact info
Plaintiff
Michael T. Flynn
Represented By
Matt M. Dummermuth
Binnall Law Group
contact info
Jared Joseph Roberts
contact info
Jason C. Greaves
Binnall Law Group
contact info
Shawn Flynn
Binnall Law Group
contact info


Docket last updated: 11/22/2024 11:59 PM EST
Monday, September 16, 2024
46 46 order Order on Motion to Dismiss / Lack of Jurisdiction Mon 09/16 5:23 PM
ENDORSED ORDER TAKING UNDER ADVISEMENT 38 Defendant's Motion to Dismiss. The Clerk is directed to STAY and ADMINISTRATIVELY CLOSE this case pending the Court's resolution of the Defendant's Motion to Dismiss. Signed by Judge Mary S. Scriven on 9/16/2024. (AC)
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Wednesday, February 14, 2024
45 45 order Order on Motion to Withdraw as Attorney Wed 02/14 9:32 AM
ENDORSED ORDER granting Defendant's 44 Unopposed Motion for Withdrawal of Herman J. Hoying as Counsel for Defendant United States of America. The Clerk of Court is directed to terminate Mr. Hoying as Defendant's counsel of record. Signed by Magistrate Judge Christopher P. Tuite on 2/14/2024. (MEL)
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Tuesday, February 13, 2024
44 44 motion Withdraw as Attorney Tue 02/13 6:23 PM
Unopposed MOTION for Herman J. Hoying to Withdraw as Attorney for Defendant United States of America by United States of America. (Hoying, Herman)
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Monday, November 13, 2023
43 43 respm Reply to Response to Motion Mon 11/13 5:34 PM
REPLY to Response to Motion re38 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by United States of America. (McGrory, Kristin)
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Tuesday, October 31, 2023
42 42 order Order on Motion for Miscellaneous Relief Tue 10/31 4:09 PM
ENDORSED ORDER GRANTING 40 Defendant United States of America's Motion for Leave to File a Reply in Support of its Motion to Dismiss the Amended Complaint. Defendant United States of America shall have up to and including November 13, 2023, to file a reply not to exceed seven (7) pages. Signed by Judge Mary S. Scriven on 10/31/2023. (KDS)
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Monday, October 30, 2023
41 41 5 pgs respm Memorandum in opposition Mon 10/30 7:09 PM
MEMORANDUM in opposition re40 Motion for Miscellaneous Relief filed by Michael T. Flynn. (Greaves, Jason)
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Thursday, October 26, 2023
40 40 motion Miscellaneous Relief Thu 10/26 4:26 PM
MOTION for Miscellaneous Relief, specifically Leave to file Reply in Support of Motion to Dismiss Amended Complaint by United States of America. (McGrory, Kristin)
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Friday, October 20, 2023
39 39 respm Response in Opposition to Motion Fri 10/20 5:12 PM
RESPONSE in Opposition re38 MOTION to Dismiss for Lack of Jurisdiction MOTION to Dismiss for Failure to State a Claim filed by Michael T. Flynn. (Greaves, Jason)
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Friday, September 15, 2023
38 38 motion Dismiss / Lack of Jurisdiction Dismiss for Failure to State a Claim Fri 09/15 5:55 PM
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by United States of America. (McGrory, Kristin)
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Friday, August 11, 2023
37 37 order Order on Motion for Extension of Time to File Order on Motion to File Excess Pages Fri 08/11 4:22 PM
ENDORSED ORDER GRANTING 36 the Parties' Joint Motion to Extend Filing Deadlines and to Exceed Page Limitations. Defendant shall have up to and including September 15, 2023 to file an answer or other response to the amended complaint. If Defendant files a motion to dismiss, it shall not exceed fifty (50) pages in length, exclusive of captions, tables of contents or authorities, certifications or certificates, and exhibits. Plaintiff shall have up to and including October 20, 2023 to file a response to Defendant's answer or motion to dismiss. Plaintiff's response to any motion to dismiss shall not exceed forty-five (45) pages in length, exclusive of captions, tables of contents or authorities, certifications or certificates, and exhibits. Signed by Judge Mary S. Scriven on 8/11/2023. (KDS)
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Monday, August 07, 2023
36 36 motion Extension of Time to File File Excess Pages Mon 08/07 3:53 PM
Joint MOTION for Extension of Time to File United States' Motion to Dismiss and Plaintiff's Response , Joint MOTION to File Excess Pages by United States of America. (McGrory, Kristin)
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Monday, July 31, 2023
35 35 order Order on Motion to Dismiss / Lack of Jurisdiction Order on Motion to Dismiss / Failure to State a Claim Mon 07/31 3:52 PM
ENDORSED ORDER DENYING AS MOOT 29 Defendant United States of America's Motion to Dismiss for Lack of Subject Matter Jurisdiction. In light of Plaintiff's having filed an Amended Complaint as a matter of course, the Motion to Dismiss is MOOT. Defendant shall be free to reassert any challenges raised therein to the extent that the arguments remain viable against the Amended Complaint. Signed by Judge Mary S. Scriven on 7/31/2023. (APF)
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Friday, July 28, 2023
34 34 62 pgs cmp Amended Complaint Fri 07/28 11:08 PM
AMENDED COMPLAINT against United States of America filed by Michael T. Flynn.(Greaves, Jason)
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Att: 1 Exhibit A,
Att: 2 Exhibit B,
Att: 3 Exhibit C,
Att: 4 Exhibit D,
Att: 5 Exhibit E
Monday, July 24, 2023
33 33 order Order on Motion to Stay Discovery Order on Motion to Request Oral Argument Mon 07/24 12:44 PM
ENDORSED ORDER GRANTING 30 Defendant United States of America's Motion to Stay Discovery and Case Management Report Pending Resolution of the United States' Motion to Dismiss; DENYING 32 Plaintiff's Request for Oral Argument on Defendant's Motion to Stay Discovery. Given the jurisdictional and potentially case-dispositive nature of the Motion to Dismiss and the immunity issues raised, the Court finds good cause to stay all deadlines, including the obligation to prepare a case management report, pending resolution of the Motion, or any motion to dismiss directed to an amended pleading. This stay DOES NOT preclude Plaintiff from filing an amended complaint or preclude Defendant from responding to it. It also does NOT STAY Plaintiff's deadline to respond to the current Motion or any future motion to dismiss directed to an amended pleading. Signed by Judge Mary S. Scriven on 7/24/2023. (APF)
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Friday, July 21, 2023
32 32 motion Request for Oral Argument Fri 07/21 3:50 PM
REQUEST for oral argument re30 MOTION to Stay Discovery and Case Management Report Pending Resolution of the United States' Motion to Dismiss ,31 Response in Opposition to Motion by Michael T. Flynn. (Greaves, Jason)
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31 31 respm Response in Opposition to Motion Fri 07/21 3:45 PM
RESPONSE in Opposition re30 MOTION to Stay Discovery and Case Management Report Pending Resolution of the United States' Motion to Dismiss filed by Michael T. Flynn.(Greaves, Jason)
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Att: 1 Exhibit A
Friday, July 07, 2023
30 30 motion Stay Discovery Fri 07/07 6:31 PM
MOTION to Stay Discovery and Case Management Report Pending Resolution of the United States' Motion to Dismiss by United States of America. (Hoying, Herman) Motions referred to Magistrate Judge Christopher P. Tuite.
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29 29 47 pgs motion Dismiss / Lack of Jurisdiction Dismiss for Failure to State a Claim Fri 07/07 6:27 PM
MOTION to Dismiss for Lack of Jurisdiction , MOTION to Dismiss for Failure to State a Claim by United States of America. (McGrory, Kristin)
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Tuesday, June 27, 2023
order Order on Motion to File Excess Pages Order on Motion for Extension of Time to File Response / Reply Tue 06/27 5:26 PM
ENDORSED ORDER GRANTING 27 the Parties' Joint Motion to Exceed Page Limitations and for an Extension of Time for Plaintiff to Respond to the United States' Motion to Dismiss. Defendant shall be permitted to file a motion to dismiss that does not exceed 45 pages in length. Plaintiff shall be permitted to file a response on or before August 11, 2023 that does not exceed 40 pages in length. Signed by Judge Mary S. Scriven on 6/27/2023. (APF)
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Friday, June 23, 2023
27 27 motion File Excess Pages Extension of Time to File Response / Reply Fri 06/23 5:15 PM
Joint MOTION to File Excess Pages for motion to dismiss and response , Joint MOTION for Extension of Time to File Response/Reply Plaintiff's response to motion to dismiss by United States of America. (McGrory, Kristin)
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Monday, June 12, 2023
26 26 6 pgs order Order on Motion to Change Venue / Transfer Case Order on Motion to Request Oral Argument Mon 06/12 5:01 PM
ORDER DENYING 16 the United States of America's Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a); DENYING AS MOOT 25 Plaintiff's request for oral argument on the Motion. Signed by Judge Mary S. Scriven on 6/12/2023. (APF)
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Tuesday, May 30, 2023
25 25 motion Request for Oral Argument Tue 05/30 11:59 PM
REQUEST for oral argument re24 Response in Opposition to Motion,16 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. § 1404(a) and Supporting Memorandum by Michael T. Flynn. (Greaves, Jason)
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24 24 respm Response in Opposition to Motion Tue 05/30 11:54 PM
RESPONSE in Opposition re16 MOTION to Change Venue / Transfer Case Pursuant to 28 U.S.C. § 1404(a) and Supporting Memorandum filed by Michael T. Flynn. (Greaves, Jason)
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Monday, May 08, 2023
order Order on Motion for Extension of Time to File Response / Reply Mon 05/08 5:03 PM
ENDORSED ORDER GRANTING IN PART AS STATED HEREIN 22 Plaintiff's Unopposed Motion for Extension of Time to File His Response to Defendant's Motion to Transfer Venue. Plaintiff shall have up to and including May 30, 2023 to respond to Defendant's Motion. Signed by Judge Mary S. Scriven on 5/8/2023. (APF)
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Friday, May 05, 2023
22 22 motion Extension of Time to File Response / Reply Fri 05/05 4:01 PM
Unopposed MOTION for Extension of Time to File Response/Reply as to16 MOTION to Change Venue / Transfer Case Defendant United States of America's Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) and Supporting Memorandum by Michael T. Flynn. (Greaves, Jason)
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Wednesday, May 03, 2023
order Order on Motion to Appear Pro Hac Vice Wed 05/03 10:02 AM
ENDORSED ORDER granting Plaintiff's 18 Unopposed Motion for Special Admission of Jason C. Greaves, Esquire. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 5/3/2023. (WFM)
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order Order on Motion to Appear Pro Hac Vice Wed 05/03 10:03 AM
ENDORSED ORDER granting Plaintiff's 19 Unopposed Motion for Special Admission of Matt M. Dummermuth. If counsel has not already done so, within fourteen (14) days hereof, he shall complete the e-filer registration (more information available at https://www.flmd.uscourts.gov/for-lawyers). Signed by Magistrate Judge Christopher P. Tuite on 5/3/2023. (WFM)
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Tuesday, May 02, 2023
19 19 motion Appear Pro Hac Vice Tue 05/02 7:43 PM
MOTION for Matt M. Dummermuth to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20790267 for $150 by Michael T. Flynn. (Greaves, Jason)
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18 18 motion Appear Pro Hac Vice Tue 05/02 7:31 PM
MOTION for Jason C. Greaves to appear pro hac vice, Special Admission fee paid, Receipt No. AFLMDC-20790160 for $150 by Michael T. Flynn. (Greaves, Jason)
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order Order on Motion for Extension of Time to Answer Tue 05/02 5:07 PM
ENDORSED ORDER GRANTING 15 Defendant United States of America's Unopposed Motion to Extend Time to Respond to Complaint and File a Case Management Report. Defendant shall have up to and including July 7, 2023 to answer or otherwise respond to the Complaint, and the Parties shall have up to and including July 17, 2023 to file their Case Management Report. Signed by Judge Mary S. Scriven on 5/2/2023. (APF)
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Monday, May 01, 2023
16 16 motion Change Venue / Transfer Case Mon 05/01 4:34 PM
MOTION to Change Venue / Transfer Case Defendant United States of America's Motion to Transfer Venue Pursuant to 28 U.S.C. § 1404(a) and Supporting Memorandum by United States of America. (Hoying, Herman)
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15 15 motion Extension of Time to File Answer Mon 05/01 3:54 PM
Unopposed MOTION for Extension of Time to File Answer and case management report by United States of America. (McGrory, Kristin)
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Wednesday, March 15, 2023
14 14 service Summons returned executed Wed 03/15 3:47 PM
RETURN of service executed on 03/08/2023 by Michael T. Flynn as to United States of America. (Roberts, Jared)
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13 13 service Summons returned executed Wed 03/15 3:46 PM
RETURN of service executed on 03/10/2023 by Michael T. Flynn as to United States of America. (Roberts, Jared)
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Tuesday, March 14, 2023
12 12 service Proof of service Tue 03/14 1:45 PM
PROOF of service by Michael T. Flynn (Roberts, Jared)
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11 11 service Proof of service Tue 03/14 1:44 PM
PROOF of service by Michael T. Flynn (Roberts, Jared)
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Wednesday, March 08, 2023
10 10 misc Certificate of Interested Persons and Corporate Disclosure Statement Wed 03/08 4:30 PM
CERTIFICATE of interested persons and corporate disclosure statement by Michael T. Flynn. (Roberts, Jared)
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9 9 notice Notice of a Related Action Wed 03/08 3:13 PM
NOTICE of a related action per Local Rule 1.07(c) by Michael T. Flynn. Related case(s): No (Roberts, Jared)
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8 8 notice Notice of Lead Counsel Designation Wed 03/08 2:57 PM
NOTICE of Lead Counsel Designation by Jared Joseph Roberts on behalf of Michael T. Flynn. Lead Counsel: Jared J. Roberts. (Roberts, Jared)
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Monday, March 06, 2023
6 6 service Summons issued as to USA Mon 03/06 4:27 PM
SUMMONS issued as to United States of America, U.S. Attorney (LSS)
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notice Notice to Counsel of Local Rule Mon 03/06 11:24 AM
NOTICE of Local Rule 3.02(a)(2), which requires the parties in every civil proceeding, except those described in subsection (d), to file a case management report (CMR) using the uniform form at www.flmd.uscourts.gov. The CMR must be filed (1) within forty days after any defendant appears in an action originating in this court, (2) within forty days after the docketing of an action removed or transferred to this court, or (3) within seventy days after service on the United States attorney in an action against the United States, its agencies or employees. Judges may have a special CMR form for certain types of cases. These forms can be found at www.flmd.uscourts.gov under the Forms tab for each judge. (Signed by Deputy Clerk). (KAC)
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notice Notice to Counsel of Local Rule Mon 03/06 4:28 PM
NOTICE of Local Rule 2.02(a), which states, "The first paper filed on behalf of a party must designate only one lead counsel who - unless the party changes the designation - remains lead counsel throughout the action." Counsel must file a Notice of Lead Counsel Designation identifying lead counsel. (Signed by Deputy Clerk). (LSS)
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Friday, March 03, 2023
4 4 notice Notice of appearance Fri 03/03 5:04 PM
NOTICE of Appearance by Shawn Flynn on behalf of Michael T. Flynn (Flynn, Shawn)
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2 2 notice Notice of appearance Fri 03/03 3:33 PM
NOTICE of Appearance by Jared Joseph Roberts on behalf of Michael T. Flynn (Roberts, Jared)
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1 1 51 pgs cmp Complaint Fri 03/03 2:40 PM
COMPLAINT against United States of America (Filing fee $402 receipt number AFLMDC-20572671) filed by Michael T. Flynn.(Roberts, Jared)
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Att: 1 Civil Cover Sheet,
Att: 2 Proposed Summons USAO,
Att: 3 Proposed Summons USA,
Att: 4 Exhibit A,
Att: 5 Exhibit B,
Att: 6 Exhibit C,
Att: 7 Exhibit D,
Att: 8 Exhibit E
utility Case Assigned/Reassigned Fri 03/03 4:13 PM
NEW CASE ASSIGNED to Judge Mary S. Scriven and Magistrate Judge Christopher P. Tuite. New case number: 8:23-cv-0485-MSS-CPT. (SJB)
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