Vanness v. NCIC
| Florida Southern District Court | |
| Judge: | K Michael Moore |
| Referred: | Marty Fulgueira Elfenbein |
| Case #: | 4:24-cv-10101 |
| Nature of Suit | 440 Civil Rights - Other Civil Rights |
| Cause | 28:1331 Federal Question: Bivens Act |
| Case Filed: | Dec 19, 2024 |
| Last checked: Saturday Dec 21, 2024 3:17 AM EST |
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Defendant
NCIC
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Plaintiff
Craig Vanness
5537 College Rd
Key West, FL 33040 |
| Docket last updated: 12/27/2024 11:59 PM EST |
| Friday, December 27, 2024 | ||
| 10 | 10
notice
Notice of Compliance
Fri 12/27 5:33 PM
CLERK'S NOTICE of Compliance re 9 Paperless Order Consolidating Cases. Consolidated case 24-cv-10101 with case 24-cv-10105. (jas) |
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| 9 | 9
order
- Order (PAPERLESS or pdf attached)
Fri 12/27 4:18 PM
PAPERLESS ORDER CONSOLIDATING CASES. THIS CAUSE came before the Court upon a sua sponte review of the record. Rule 42(a) of the Federal Rules of Civil Procedure allows the Court to consolidate actions that have common questions of law or fact. Fed. R. Civ. P. 42(a). Here, the Court finds that Case Nos. 4:24-cv-10101-KMM and 4:24-cv-10105-KMM have common questions of fact and consolidation is appropriate. Accordingly, Case No. 4:24-cv-10105-KMM is hereby CONSOLIDATED with Case No. 4:24-cv-10101-KMM for all purposes, including trial. The Clerk of the Court is INSTRUCTED to administratively CLOSE Case No. 4:24-cv-10105-KMM. All future filings MUST be made only in the lead case, Case No. 4:24-cv-10101-KMM . All pending motions, if any, in Case No. 4:24-cv-10105-KMM are DENIED AS MOOT. It is further ORDERED that Plaintiff shall file an amended complaint in Case No. 4:24-cv-10101-KMM no later than January 6, 2024. Plaintiff is instructed to include in the amended complaint all defendants and claims he intends to be part of this consolidated action. Signed by Judge K. Michael Moore on 12/27/2024. (gbn) |
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| Monday, December 23, 2024 | ||
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order
- Order (PAPERLESS or pdf attached)
Thu 12/26 11:02 AM
ORDER SETTING DISCOVERY PROCEDURES. Signed by Magistrate Judge Marty Fulgueira Elfenbein on 12/23/2024. See attached document for full details. (nan) |
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3
pgs
order
Order of Instructions to Pro Se Litigant
Thu 12/26 11:00 AM
ORDER PROVIDING INSTRUCTIONS TO PRO SE LITIGANT Signed by Magistrate Judge Marty Fulgueira Elfenbein on 12/23/2024. See attached document for full details. (nan) |
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order
Order Referring Case to Magistrate Judge
Mon 12/23 12:49 PM
PAPERLESS ORDER REFERRING CASE. PURSUANT to 28 U.S.C. § 636 and the Magistrate Rules of the Local Rules of the Southern District of Florida, the above-captioned cause is hereby referred to Magistrate Judge Marty Fulgueira Elfenbein to take all necessary and proper action as required by law regarding all pre-trial, non-dispositive matters and for a Report and Recommendation on any dispositive matters. Signed by Judge K. Michael Moore on 12/23/2024. (gbn) |
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order
Pretrial Order
Mon 12/23 12:48 PM
PAPERLESS PRETRIAL ORDER. This order has been entered upon the filing of the complaint. Plaintiff's counsel is hereby ORDERED to forward to all defendants, upon receipt of a responsive pleading, a copy of this Order. It is further ORDERED that S.D. Fla. L.R. 16.1 shall apply to this case and the parties shall hold a scheduling conference no later than twenty (20) days after the filing of the first responsive pleading by the last responding defendant, or within sixty (60) days after the filing of the complaint, whichever occurs first. However, if all defendants have not been served by the expiration of this deadline, Plaintiff shall move for an enlargement of time to hold the scheduling conference, not to exceed 90 days from the filing of the Complaint. Within ten (10) days of the scheduling conference, counsel shall file a joint scheduling report. Failure of counsel to file a joint scheduling report within the deadlines set forth above may result in dismissal, default, and the imposition of other sanctions including attorney's fees and costs. The parties should note that the time period for filing a joint scheduling report is not tolled by the filing of any other pleading, such as an amended complaint or Rule 12 motion. The scheduling conference may be held via telephone. At the conference, the parties shall comply with the following agenda that the Court adopts from S.D. Fla. L.R. 16.1: (1) Documents (S.D. Fla. L.R. 16.1.B.1 and 2) - The parties shall determine the procedure for exchanging a copy of, or a description by category and location of, all documents and other evidence that is reasonably available and that a party expects to offer or may offer if the need arises. Fed. R. Civ. P. 26(a)(1)(B). (a) Documents include computations of the nature and extent of any category of damages claimed by the disclosing party unless the computations are privileged or otherwise protected from disclosure. Fed. R. Civ. P. 26(a)(1)(C). (b) Documents include insurance agreements which may be at issue with the satisfaction of the judgment. Fed. R. Civ. P. 26(a)(1)(D). (2) List of Witnesses - The parties shall exchange the name, address and telephone number of each individual known to have knowledge of the facts supporting the material allegations of the pleading filed by the party. Fed. R. Civ. P. 26(a)(1)(A). The parties have a continuing obligation to disclose this information. (3) Discussions and Deadlines (S.D. Fla. L.R. 16.1.B.2) - The parties shall discuss the nature and basis of their claims and defenses and the possibilities for a prompt settlement or resolution of the case. Failure to comply with this Order or to exchange the information listed above may result in sanctions and/or the exclusion of documents or witnesses at the time of trial. S.D. Fla. L.R. 16.1.I. The parties are hereby on notice that this Court requires all filings to be formatted in 12 point Times New Roman font and double spaced, including any footnotes, with one inch margins on all sides. Failure to follow these formatting guidelines may result in the filing being stricken, any opposing filing being granted by default, and the imposition of other sanctions, including attorney's fees and costs. Multiple Plaintiffs or Defendants shall file joint 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. Failure to comply with ANY of these procedures may result in the imposition of appropriate sanctions, including but not limited to, the striking of the motion or dismissal of this action. The parties shall seek extensions of time in a timely fashion. "A motion for extension of time is not self-executing.... 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). Pursuant to Administrative Order 2016-70 of the Southern District of Florida and consistent with the Court of Appeals for the Eleventh Circuit's Local Rules and Internal Operating Procedures, within three (3) days of the conclusion of a trial or other proceeding, parties must file via CM/ECF electronic versions of documentary exhibits admitted into evidence, including photographs of non-documentary physical exhibits. The Parties are directed to comply with each of the requirements set forth in Administrative Order 2016-70 unless directed otherwise by the Court. Telephonic appearances are not permitted for any purpose. Upon reaching a settlement in this matter the parties are instructed to notify the Court by telephone and to file a Notice of Settlement within twenty-four (24) hours. Signed by Judge K. Michael Moore on 12/23/2024. (gbn) |
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| Thursday, December 19, 2024 | ||
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misc
Consent by Pro Se Litigant (Non-Prisoner) to receive Notices of Electronic Filing
Fri 12/20 12:07 PM
Consent by Pro Se Litigant (Non-Prisoner) Craig Vanness to receive Notices of Electronic Filing at email address: craigvanness89@gmail.com (gqa) |
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motion
Proceed In Forma Pauperis
Fri 12/20 12:06 PM
MOTION for Leave to Proceed in forma pauperis by Craig Vanness. (gqa) |
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order
Clerk's Notice of Judge Assignment and Optional Consent
Fri 12/20 12:04 PM
Clerks Notice of Judge Assignment to Judge K. Michael Moore. Pursuant to 28 USC 636(c), the parties are hereby notified that the U.S. Magistrate Judge Marty Fulgueira Elfenbein 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. (gqa) |
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cmp
Complaint 42 USC 1983 or Bivens
Fri 12/20 10:23 AM
Complaint pursuant to Bivens against NCIC. Filing fee $ 405.00. IFP Filed, filed by Craig Vanness.(gqa) (gqa). (Main Document replaced on 12/20/2024) (gqa). Modified Filed Date to 12/19/2024 on 12/20/2024 (jc). (gqa) |
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Att: 1
(12/20/2024) Civil Cover Sheet
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