Flynn v. United States of America
Florida Middle District Court | |
Judge: | Mary S Scriven |
Referred: | Christopher P Tuite |
Case #: | 8:23-cv-00485 |
Nature of Suit | 360 Torts - Personal Injury - Other Personal Injury |
Cause | 28:1346 Tort Claim |
Case Filed: | Mar 03, 2023 |
Last checked: Thursday Aug 31, 2023 7:31 AM EDT |
Defendant
United States of America
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Represented By
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Plaintiff
Michael T. Flynn
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Represented By
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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) |