Abbott v. City of Coral Gables et al
| Florida Southern District Court | |
| Judge: | Jacqueline Becerra |
| Referred: | Edwin G Torres |
| Case #: | 1:24-cv-20500 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Fed. Question: Civil Rights Violation |
| Case Filed: | Feb 08, 2024 |
| Last checked: Tuesday Aug 06, 2024 4:25 AM EDT |
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Defendant
City of Coral Gables
a political subdivision of the State of Florida 405 Biltmore Way
Coral Gables, FL 33134 |
Represented By
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Defendant
Alejandro Pino-Perez
resident of the State of Florida 2151 Salzedo Street
Coral Gables, FL 33134 |
Represented By
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Defendant
Eric Plescow
resident of the State of Florida 2151 Salzedo Street
Coral Gables, FL 33134 |
Represented By
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Plaintiff
Michael Abbott
1303 Ferdinand Street Coral Gables
Coral Gables, FL 33133 |
Represented By
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| Docket last updated: 02/09/2025 11:59 PM EST |
| Monday, February 03, 2025 | ||
| 38 | 38
order
Order on Motion to Stay
Mon 02/03 11:02 AM
PAPERLESS ORDER granting37 Motion to Stay as follows: This case shall remain STAYED until March 31, 2025 , after which time the stay shall automatically be lifted without further action by the parties. The parties shall file a notice with the Court regarding the status of Plaintiff's pending criminal trial by no later than April 1, 2025 . Signed by Judge Jacqueline Becerra on 2/3/2025. (ymr) |
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| Friday, January 31, 2025 | ||
| 37 | 37
motion
Stay
Fri 01/31 5:04 PM
Unopposed MOTION to Stay Proceedings Pending Criminal Trial by Michael Abbott. Responses due by 2/14/2025.(Napoleon, Hilton) |
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Att: 1
Text of Proposed Order
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| Thursday, October 31, 2024 | ||
| 36 | 36
order
Order on Motion to Stay
Thu 10/31 9:57 AM
PAPERLESS ORDER granting35 Motion to Stay as follows: This case shall remain STAYED until January 20, 2025 , after which time the stay shall automatically be lifted without further action by the parties. The parties shall file a notice with the Court regarding the status of Plaintiff's pending criminal trial by no later than January 27, 2025 . Signed by Judge Jacqueline Becerra on 10/31/2024. (ymr) |
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| Monday, October 28, 2024 | ||
| 35 | 35
motion
Stay
Mon 10/28 10:46 AM
Third MOTION to Stay Proceedings Pending Criminal Trial by Michael Abbott. Responses due by 11/12/2024. (Napoleon, Hilton) |
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| Wednesday, July 31, 2024 | ||
| 34 | 34
order
Order on Motion to Stay
Wed 07/31 7:04 PM
PAPERLESS ORDER granting33 Motion to Stay as follows: This case is hereby STAYED from the date of this Order until October 28, 2024 , after which the stay shall automatically be lifted without further action by the parties. The parties shall file a notice with the Court regarding the status of Plaintiff's pending criminal trial by no later than November 4, 2024 . Signed by Judge Jacqueline Becerra on 7/31/2024. (ymr) |
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| 33 | 33
motion
Stay
Wed 07/31 12:04 PM
Unopposed MOTION to Stay Proceedings Pending Criminal Trial by Michael Abbott. Responses due by 8/14/2024.(Napoleon, Hilton) |
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Att: 1
Text of Proposed Order
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| Thursday, July 25, 2024 | ||
| 32 | 32
notice
Notice (Other)
Thu 07/25 3:33 PM
Joint NOTICE OF STATUS OF CRIMINAL TRIAL by City of Coral Gables, Alejandro Pino-Perez, Eric Plescow re 31 Order on Motion to Stay, (Welstead, Christine) |
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Att: 1
Exhibit A - Amended Trial Order
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| Monday, June 17, 2024 | ||
| 31 | 31
order
Order on Motion to Stay
Mon 06/17 12:20 PM
PAPERLESS ORDER granting30 Motion to Stay as follows: This case is hereby STAYED from the date of this Order until July 19, 2024 , after which the stay shall automatically be lifted without further action by the parties. The parties shall file a notice with the Court regarding the status of Plaintiff's pending criminal trial by no later than July 18, 2024 . Signed by Judge Jacqueline Becerra on 6/17/2024. (ymr) |
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| Friday, June 14, 2024 | ||
| 30 | 30
motion
Stay
Fri 06/14 11:38 AM
Unopposed MOTION to Stay Proceedings Pending Criminal Trial by Michael Abbott. Responses due by 6/28/2024.(Napoleon, Hilton) |
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Att: 1
Text of Proposed Order
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| Wednesday, May 29, 2024 | ||
| 29 | 29
respm
Reply to Response to Motion
Wed 05/29 4:39 PM
Defendant's REPLY to Response to Motion re24 Defendant's MOTION TO DISMISS1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM filed by City of Coral Gables, Alejandro Pino-Perez, Eric Plescow.(Welstead, Christine) |
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Att: 1
Exhibit A - Orders granting extension of Temporary Risk Protection Order,
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Att: 2
Exhibit B - Notice of Appearance and Motion for Continuance
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| Wednesday, May 22, 2024 | ||
| 28 | 28
respm
Response in Opposition to Motion
Wed 05/22 9:02 PM
RESPONSE in Opposition re24 Defendant's MOTION TO DISMISS1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM filed by Michael Abbott. Replies due by 5/29/2024. (Napoleon, Hilton) |
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| Thursday, April 25, 2024 | ||
| 27 | 27
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Thu 04/25 5:05 PM
PAPERLESS ORDER granting25 Motion for Extension of Time to File Response/Reply to Motion. Plaintiff shall file his response in opposition to Defendants' Motion to Dismiss, ECF No.24 , by no later than May 22, 2024 . Signed by Judge Jacqueline Becerra on 4/25/2024. (ymr) |
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utility
~Util - Set/Reset Motion/R&R Deadlines and Hearings
Fri 04/26 3:43 PM
Set/Reset Deadlines/Hearings per DE 27 Order re24 Defendant's MOTION TO DISMISS1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM . Responses due by 5/22/2024. (amb) |
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| Friday, April 19, 2024 | ||
| 26 | 26
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Fri 04/19 4:27 PM
Defendant's Certificate of Other Affiliates/Corporate Disclosure Statement by City of Coral Gables, Alejandro Pino-Perez, Eric Plescow (Welstead, Christine) |
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| Tuesday, April 16, 2024 | ||
| 25 | 25
motion
Extension of Time to File Response/Reply/Answer
Tue 04/16 9:31 AM
Unopposed MOTION for Extension of Time to File Response/Reply/Answer as to24 Defendant's MOTION TO DISMISS1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM by Michael Abbott.(Napoleon, Hilton) |
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Att: 1
Text of Proposed Order
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| Monday, April 08, 2024 | ||
| 24 | 24
motion
Dismiss for Failure to State a Claim
Mon 04/08 5:07 PM
Defendant's MOTION TO DISMISS1 Complaint 42 USC 1983 or Bivens, FOR FAILURE TO STATE A CLAIM by City of Coral Gables, Alejandro Pino-Perez, Eric Plescow. Responses due by 4/22/2024.(Welstead, Christine) |
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Att: 1
Errata A - Arrest Affidavit,
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Att: 2
Exhibit B - Search Warrant,
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Att: 3
Exhibit C - CGPD Property Receipt,
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Att: 4
Exhibit D - MDPD Processed Multimedia Report,
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Att: 5
Exhibit E - Order
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| Monday, April 01, 2024 | ||
| 23 | 23
service
Summons (Affidavit) Returned Executed
Mon 04/01 8:12 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Michael Abbott. Eric Plescow served on 2/15/2024, response/answer due 4/8/2024. (Napoleon, Hilton) |
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| 22 | 22
service
Summons (Affidavit) Returned Executed
Mon 04/01 8:11 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Michael Abbott. Alejandro Pino-Perez served on 2/15/2024, response/answer due 4/8/2024. (Napoleon, Hilton) |
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| 21 | 21
service
Summons (Affidavit) Returned Executed
Mon 04/01 8:09 AM
SUMMONS (Affidavit) Returned Executed on1 Complaint 42 USC 1983 or Bivens, with a 21 day response/answer filing deadline pursuant to Fed. R. Civ. P. 12 by Michael Abbott. City of Coral Gables served on 2/15/2024, response/answer due 4/8/2024. (Napoleon, Hilton) |
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| Tuesday, March 26, 2024 | ||
| 20 | 20
order
Order on Motion for Leave to File Excess Pages
Tue 03/26 3:35 PM
PAPERLESS ORDER. THIS CAUSE came before the Court upon Defendants, the City of Coral Gables, Eric Plescow, and Alejandro Pino-Perez's, Motion to Exceed Page Limitation (the "Motion"), ECF No.19 . Upon consideration of the Motion and the pertinent authorities, it is hereby ORDERED AND ADJUDGED that the Motion is GRANTED . Defendants' response to Plaintiff's Complaint shall be no more than thirty-pages long. Signed by Judge Jacqueline Becerra on 3/26/2024. (ymr) |
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| 19 | 19
motion
File Excess Pages
Tue 03/26 10:33 AM
Defendant's MOTION for Leave to File Excess Pages by City of Coral Gables, Alejandro Pino-Perez, Eric Plescow.(Pinero, Carolina) |
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Att: 1
Text of Proposed Order
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| Monday, March 25, 2024 | ||
| 18 | 18
order
- Order (PAPERLESS or pdf attached)
Tue 03/26 10:29 AM
ORDER REGARDING PROCEDURES ON SERVICE, DEFAULTS, CERTIFICATE OF INTERESTED PARTIES AND JOINT SCHEDULING REPORTS Signed by Judge Jacqueline Becerra on 3/25/2024. See attached document for full details. (pc) |
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| Friday, March 22, 2024 | ||
| 17 | 17
order
- Order (PAPERLESS or pdf attached)
Sat 03/23 9:14 PM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Ch. Magistrate Judge Edwin G. Torres on 3/22/2024. See attached document for full details. (mdc) |
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| 16 | 16
order
Scheduling Order Order Referring Case to Magistrate Judge
Fri 03/22 3:33 PM
AMENDED ORDER SETTING TRIAL, CALENDAR CALL, REFERENCE TO MAGISTRAGE JUDGE, PRETRIAL DEADLINES, AND PRETRIAL PROCEDURES: (Jury Trial set for 4/7/2025 09:30 AM in Miami Division before Judge Jacqueline Becerra., Calendar Call set for 4/1/2025 10:00 AM before Judge Jacqueline Becerra.), ORDER REFERRING CASE to Magistrate Judge for Discovery matters. Signed by Judge Jacqueline Becerra on 3/22/2024. See attached document for full details. (pc) |
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| Wednesday, March 20, 2024 | ||
| 15 | 15
order
Scheduling Order Order Referring Case to Magistrate Judge
Thu 03/21 11:09 AM
ORDER SETTING TRIAL, CALENDAR CALL, REFERENCE TO MAGISTRAGE JUDGE, PRETRIAL DEADLINES, AND PRETRIAL PROCEDURES: (Jury Trial set for 4/7/2025 09:30 AM before Judge Jacqueline Becerra., Calendar Call set for 4/1/2025 10:00 AM before Judge Jacqueline Becerra.), ORDER REFERRING CASE to Ch. Magistrate Judge Edwin G. Torres for Discovery Matters. Signed by Judge Jacqueline Becerra on 3/20/2024. See attached document for full details. (pc) |
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| 14 | 14
misc
Scheduling Report - Rule 26(f)/16.1
Wed 03/20 8:50 AM
Joint SCHEDULING REPORT - Rule 16.1 by City of Coral Gables, Alejandro Pino-Perez, Eric Plescow(Pinero, Carolina) |
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Att: 1
Text of Proposed Order
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| Friday, March 01, 2024 | ||
| 13 | 13
2
pgs
order
Order Reassigning/Transferring Case - NEW District Judge
Mon 03/04 10:26 PM
ORDER OF REASSIGNMENT to US District Judge Jacqueline Becerra for all further proceedings. Judge Raag Singhal no longer assigned to case. Signed by Judge Raag Singhal on 3/1/2024. See attached document for full details. (yar) |
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| Wednesday, February 28, 2024 | ||
| 12 | 12
notice
Notice of Attorney Appearance
Wed 02/28 3:59 PM
NOTICE of Attorney Appearance by Christine L. Welstead on behalf of City of Coral Gables, Alejandro Pino-Perez, Eric Plescow. Attorney Christine L. Welstead added to party City of Coral Gables(pty:dft), Attorney Christine L. Welstead added to party Alejandro Pino-Perez(pty:dft), Attorney Christine L. Welstead added to party Eric Plescow(pty:dft). (Welstead, Christine) |
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| Tuesday, February 27, 2024 | ||
| 11 | 11
4
pgs
order
Order Requiring Joint Scheduling Report
Wed 02/28 11:08 AM
Order Requiring Scheduling Report Signed by Judge Raag Singhal on 2/27/2024. See attached document for full details. (pc) |
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| 10 | 10
order
Order on Motion for Extension of Time to File Response/Reply/Answer
Tue 02/27 2:37 PM
PAPERLESS ORDER granting9 Defendants, the City of Coral Gables, Eric Plescow, and Alejandro Pino-Perez's Unopposed Motion for Enlargement of Time to Respond to Plaintiffs Complaint. Defendants, the City of Coral Gables and Officers Eric Plescow and Alejandro Pino-Perez, shall have until 4/8/2024 to file their response to Plaintiff's Complaint (DE1 ). Signed by Judge Raag Singhal on 2/27/2024. (lp00) |
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| Monday, February 26, 2024 | ||
| 9 | 9
motion
Extension of Time to File Response/Reply/Answer
Mon 02/26 11:42 AM
Defendant's MOTION for Extension of Time to File Response/Reply/Answer as to1 Complaint 42 USC 1983 or Bivens, by City of Coral Gables, Alejandro Pino-Perez, Eric Plescow. Attorney Carolina Sofia Pinero added to party City of Coral Gables(pty:dft), Attorney Carolina Sofia Pinero added to party Alejandro Pino-Perez(pty:dft), Attorney Carolina Sofia Pinero added to party Eric Plescow(pty:dft).(Pinero, Carolina) |
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Att: 1
Text of Proposed Order
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| Tuesday, February 13, 2024 | ||
| 8 | 8
misc
Certificate of Other Affiliates/Corporate Disclosure Statement
Tue 02/13 7:43 AM
Certificate of Other Affiliates/Corporate Disclosure Statement - NONE disclosed by Michael Abbott (Napoleon, Hilton) |
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| Friday, February 09, 2024 | ||
| 7 | 7
service
Summons Issued
Fri 02/09 12:58 PM
Summons Issued as to City of Coral Gables, Alejandro Pino-Perez, Eric Plescow. (amb) |
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| 6 | 6
order
- Order (PAPERLESS or pdf attached)
Fri 02/09 12:12 PM
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). 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). Exhibits to pleadings and motions shall be docketed in accordance with the Courts 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.) 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 2/9/2024. (lp00) |
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| 5 | 5
order
- Order (PAPERLESS or pdf attached)
Fri 02/09 12:11 PM
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 2/9/2024. (lp00) |
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| Thursday, February 08, 2024 | ||
| 4 | 4
notice
Notice of Filing Proposed Summons(es)
Thu 02/08 4:55 PM
NOTICE of Filing Proposed Summons(es) by Michael Abbott (Napoleon, Hilton) |
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Att: 1
Summon(s) to City of Coral Gables,
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Att: 2
Summon(s) to Eric Plescow,
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Att: 3
Summon(s) to Alejandro Pino-Perez
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| 3 | 3
order
Clerk's Notice to Filer - ELECTRONIC CASE, SUMMONS(ES)
Thu 02/08 1:04 PM
Clerk's Notice to Filer re: Summons(es) will not be issued. Multiple parties cannot be listed on a single summons. One summons is required for each party. Filer may file a Notice of Filing Proposed Summons(es) with the corrected summons attached. (pc) |
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| 2 | 2
order
Clerk's Notice of Judge Assignment and Optional Consent
Thu 02/08 12:59 PM
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. (pc) |
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| 1 | 1
cmp
Complaint 42 USC 1983 or Bivens
Thu 02/08 12:19 PM
Complaint pursuant to 42 USC 1983 against All Defendants. Filing fee $ 405.00 receipt number AFLSDC-17278377, filed by Michael Abbott.(Napoleon, Hilton) |
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Att: 1
Civil Cover Sheet Civil Cover Sheet,
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Att: 2
Summon(s) Summons
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